A. 
Any use not permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall not be deemed to be an exhaustive list but has been included for the purposes of clarity and emphasis, and to illustrate, by example, some of the uses frequently proposed that are deemed undesirable and incompatible and thus prohibited.
B. 
Uses not provided for. In any district established by this chapter, when a specific use is neither permitted nor prohibited, the Board of Supervisors, upon recommendation of the Planning Committee, shall make a determination as to the similarity or compatibility of the use in question to the permitted uses in the district. No building or use permit shall be issued by the Zoning Officer for any unspecified use until this determination has been made by the Board of Supervisors. A fee shall be charged for any application under this section.
[Amended 12-16-2019 by Ord. No. 271]
C. 
Neighborhood outdoor recreation areas (other than municipal). Where permitted conditionally, shall comply with the following criteria:
(1) 
Such use shall not be primarily for gain or profit.
(2) 
The facility shall be designed to serve only the neighborhood.
(3) 
Parking shall be provided in accordance with the provisions of Article VI, Off-Street Parking, of this chapter.
(4) 
Club rooms or buildings shall be permitted only when incidental and accessory to the permitted recreation use.
(5) 
A buffer yard of 30 feet in width shall be provided along all property lines adjacent to residential uses. This buffer yard shall be in addition to required yard setbacks and shall have no structures, play equipment, or other such material placed in it.
(6) 
Plans shall be submitted for the review by the Planning Committee and approval by the Board of Supervisors.
[Amended 12-16-2019 by Ord. No. 271]
D. 
Outdoor lighting. All outdoor lighting other than streetlighting shall be so arranged and shielded so that:
(1) 
No glare or direct illumination is cast upon adjoining residential uses in any district.
(2) 
No unsafe driving condition is created by glare or direct illumination.
E. 
Swimming pools. Private swimming pools not in conjunction with other recreational uses shall be a permitted accessory use in any district, provided that:
[Amended 1-17-2011 by Ord. No. 231]
(1) 
A land use permit shall be required for the installation or construction of an outdoor aboveground or below-ground swimming pool on or not on the lot as the principal use.
(2) 
The pool is to be used solely by the occupants of the principal use of the lot on which it is located, and their occasional guests.
(3) 
The pool shall not be located within 15 feet of any rear or side lot lines or 30 feet of any street right-of-way line. Decks and other accessories for pools must comply with the yard setbacks for the districts in which they are located.
(4) 
Swimming pools also require a building permit from Commonwealth Code Inspection Service, and must comply with current PA-UCC regulations.
F. 
Grading of land, erosion and sedimentation control.
(1) 
Any earthmoving activity preparatory to construction or expansion of a building or use for which a land use permit is issued must comply with the soil, erosion and sedimentation requirements and stormwater management requirements of the approved plot plan or land development plan.
(2) 
Earthmoving activities which are not preparatory to the construction or expansion of a building for which a land use permit has been issued must submit a soil erosion and sedimentation control plan and a stormwater management plan to the Township for approval if the earthmoving activity involves a disturbance of more than 10,000 square feet. The soil erosion control plan and stormwater management plan shall be reviewed and approved by the Township staff and the Township Engineer. The applicant(s) shall be responsible for any and all engineering review fees.
[Amended 11-6-2006 by Ord. No. 203]
(3) 
For earthmoving activities not covered above, appropriate sediment and erosion control procedures shall be followed for all earthmoving activities regardless of their size.
(4) 
In areas under construction, owner of any property upon which said construction activity is occurring shall be responsible for removal of mud/debris on the roadways from trucks or other vehicles accessing the lot. The owner is responsible regardless of whether the mud/debris were placed on the road by a vehicle delivering material to the site, construction vehicles working at the site or other vehicles going to and from the site. The owner shall immediately clean up the mud and/or debris from the roadway. Failure to remove such mud/debris from the roadway immediately after a verbal or written notification by the Township of the need for such action shall result in the Township taking action to remove the mud and/or debris and invoicing the owner of the property for this cleanup.
[Amended 11-6-2006 by Ord. No. 203]
(5) 
Prior to or at the same time as earthmoving activities occur as per Subsection F(1), (2), or (3), that abut a public street, a silt fence shall be installed along the entire front property line, except at the construction entrance location. The Township shall be notified when the silt fence is installed and shall approve the installation or suggest correction within 24 hours of notification of said installation. This silt fence shall be maintained at all times. Failure to maintain or clean debris from the silt fence in a reasonable time after a storm event or immediately after notification either verbally or in writing from the Township shall result in the Township taking action to maintain the silt fence and invoicing the owner of the property for this maintenance. A land use occupancy permit shall not be issued for any building site found in violation of this section until the violation is corrected.
[Added 11-6-2006 by Ord. No. 203]
(6) 
It shall be the responsibility of the individual, developer, excavator, construction company, or owner to review and follow the requirements of the approved soil erosion and sedimentation control plan prior to starting construction. Failure to have knowledge of the plan shall not be a defense against enforcement of the plan or avoiding the violation provision of this chapter.
[Added 11-6-2006 by Ord. No. 203]
G. 
Public utility facilities. Public utility facilities shall be conditionally permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:
(1) 
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
(2) 
Height shall be as required by the district regulations.
(3) 
Unhoused equipment shall be enclosed with a chain link fence six feet in height, topped with barbed wire.
(4) 
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.
(5) 
Screen planting in residential districts. The required fence for unhoused equipment shall be surrounded by an evergreen planting producing an effective visual barrier 10 feet in height within five years of planting.
(6) 
The external design of the building shall be compatible with the buildings in the district.
(7) 
Access for unhoused equipment. Where vehicular access is across the front yard, the gate shall be constructed of materials having not less than 50% solid in ratio to open space. In residential districts, the permitted public facility shall not include the storage of vehicles or equipment used in the maintenance of any utility and no equipment causing undue and unusual noise, vibration, smoke, odor, or hazardous effect shall be installed.
(8) 
Plans of the facility shall be submitted for review by the Planning Committee and approval by the Board of Supervisors.
[Amended 12-16-2019 by Ord. No. 271]
H. 
No-impact home-based businesses shall be permitted in all residential zones of the Township as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, bylaw or other document applicable to a common interest ownership community.
[Added 11-16-2009 by Ord. No. 224]
I. 
Yard sales, estate sales, garage sales, rummage sales and other sales of personal property shall be permitted in all zoning districts except that sales in the R-1, R-2, and R-3 zoning districts shall follow the following standards:
[Added 1-17-2011 by Ord. No. 231]
(1) 
Sales shall occur no more than four times in a twelve-month period and for no more than two consecutive days at a time.
(2) 
Working sale hours shall be set from 7:00 a.m. to 6:00 p.m. All equipment shall be stored out of sight before and after these hours.
(3) 
The items offered for sale shall consist only of items owned by a person who occupies the property as his/her residence or by friends and/or family of the resident.
J. 
Grass shall not exceed a height of 12 inches in R-1, R-2, or R-3 Zoning Districts unless the grass is part of an agricultural operation.
[Added 12-19-2016 by Ord. No. 262]
A. 
Height regulations shall not apply to any of the following, provided the use is not for human occupancy; spires, belfries, cupolas, domes, chimneys, ventilators, skylights, water tanks, utility poles or towers, silos, and ornamental or necessary mechanical appurtenances.
B. 
In all residential zones, accessory buildings shall not exceed 25 feet in height.
A. 
On a lot held in single and separate ownership at the effective date of this chapter, which does not fulfill the regulations for the minimum lot area and width for the district in which it is located, a building may be erected or altered, upon issuance of a land use permit by the zoning officer, provided all other district regulations are met.
B. 
The area, width, and depth of lots shall provide adequate open space for off-street loading, unloading, and/or parking space, and yards. In all cases where public sewers are not available, the lot areas shall be sufficient size to provide open areas, exclusive of parking area or other paved areas for a septic tank and tile field.
Yards shall be provided in accordance with the provisions set forth herein and shall be planted with grass seed, sod, ground cover or other vegetative covering, excepting in cases where walks, access drives, off-street parking lots, patios, or other types of surfaces are permitted by this chapter.
A. 
Setbacks. Where the street or private road upon which the lot abuts is less than 50 feet in width, the front yard depth and the width of the side yard abutting the street or private road shall be measured from a line parallel to and 25 feet from the center line of the street or private road.
B. 
Adjustments to meet existing setbacks in front yards.
(1) 
When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard and has been so maintained since the effective date of this chapter, the front yard of such unimproved lot may be the same depth or greater of the front yards of such two adjacent improved lots, notwithstanding the yard requirements of the district in which it is located.
(2) 
Where an unimproved lot adjoins only one improved lot having thereon a principal building, within 100 feet of the common side lot line, which extends into the required front yard of such improved lot and which extension existed at the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard requirements for such district. However, the second unimproved lot from the original improved lot must have at least the minimum front yard depth required in the district.
C. 
Side yards for corner lots. On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district.
D. 
Accessory buildings may be constructed in accordance with the following provisions:
(1) 
On conforming lots:
(a) 
An accessory building shall not be within any front yard.
[Amended 3-21-2016 by Ord. No. 254]
(b) 
An accessory building located in a rear yard shall not be erected closer than 10 feet to any lot line.
(2) 
On existing nonconforming lots in the Forest Conservation and Agricultural Districts which have less than required lot width:
(a) 
An accessory building shall not be erected within any front yard, but may be erected within 15 feet of the side yard property line.
(b) 
An accessory building located in a rear yard shall not be erected closer than 10 feet to any lot line.
E. 
See each zoning district for the required buffer yard requirements in that district.
[Amended 11-6-2006 by Ord. No. 204]
F. 
Screen planting. Where screen plantings are required and are not specifically described under the terms of this chapter, they shall consist of trees, shrubs, and other plant materials arranged in a manner to serve as a barrier to visibility, airborne particles, glare, and noise. The screen planting shall be in accordance with the following requirements:
(1) 
Plant material used in the screen planting shall be comprised of not less than 50% evergreen material and shall be not less than four feet in height.
(2) 
The screen planting shall be permanently maintained by property owner.
(3) 
The screen planting shall be placed that at maturity it will not be closer than three feet from any street or property line.
(4) 
A clear-sight triangle shall be maintained at all street intersections and at all points where access drives intersect public streets.
(5) 
The screen planting may be broken at points of vehicular or pedestrian access and at other points where a barrier is not necessary.
(6) 
Prior to the issuance of a land use permit, complete plans showing the arrangement of all buffer yards and the placement, species, and size of all plant materials to be placed in such buffer yard shall be approved by the zoning officer.
G. 
Projection in yards.
(1) 
Cornices, eaves, gutters, bay windows and chimneys may project into the front, side, or rear yard of a lot not more than 24 inches.
(2) 
Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any yard.
(3) 
Driveways, walks, parking areas, stairs, and window wells and such other structures customarily incidental to the main building may project into front, side, or rear yards of a lot, providing the grade elevation shall not be more than 12 inches above the yard grade.
(4) 
Uncovered steps and entrance canopies not greater than five feet in depth and six feet in width may project into any required yard. Handicapped ramps may project into yards as required to maintain proper grade.
(5) 
Items not specifically permitted in the above subsections are not permitted to be constructed in such a manner that they project into yards in any district.
H. 
Obstructions to vision. No obstructions to vision installed after the effective date of this chapter exceeding 30 inches in height above street level shall be erected or maintained within a fifty-five-foot clear sight triangle formed by the center line of intersecting streets.
The area, width, or depth of any lot shall not be reduced by subdivision, sale, or development, so that the lot width, lot area, lot area per dwelling unit, courts, and yards, or other open spaces are smaller, or so that the coverage is greater than prescribed herein.
All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with Act 537 (Pennsylvania Sewage Facilities Act)[1] and with all applicable regulations or ordinances pertaining to the treatment and disposal of sewage and wastes. A sewage permit shall be a prerequisite to the issuance of a land use permit.
[1]
Editor's Note: See 35 P.S. § 750.1 et. seq.
No land or building in any district in the Township 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. Performance standard determination shall be administered in accordance with applicable sections of this chapter.
No truck-tractor, semi-trailer, or any vehicle with more than two axles shall be parked or stored in any R-1, R-2 or R-3 District, either on the public road or on private property. The terms "truck-tractor," "semi-trailer" and "vehicle" shall have the definitions provided for under the Vehicle Code, 1976, P.L. 162, No. 81, § 1, 75 Pa.C.S.A. § 101 et seq. This section shall not be applicable to motor homes. Additionally, no construction equipment shall be stored or parked on any public road or private property in the R-1, R-2, or R-3 Districts except when being used in connection with active construction.
[Amended 12-19-2016 by Ord. No. 262]
A. 
Motor homes, trailers, boats, or other recreational vehicles may be stored but not occupied in any district.
B. 
Where a land use permit has been issued for the construction or alteration of a building, a temporary permit may be issued for a period not to exceed six months for occupancy of one motor home by the lot owner. Said temporary permit may be extended monthly up to a maximum of six months if it can be shown that justifiable circumstances require such extensions. Said motor home must be situated upon the lot for which the land use permit has been issued, provided all yard setback requirements are met and unit has access to sewage disposal.
[Amended 12-21-2020 by Ord. No. 280]
C. 
The residential storage of dismantled, nonoperable or nonlicensed or noninspected motor vehicles shall not occur within any front yard or side yard or within 10 feet of any property line in any district. In the R-1, R-2 and R-3 Districts, no more than one such vehicle shall be stored openly on any lot. In the F-C and A districts, no more than three such vehicles shall be stored openly on any lot.
D. 
Manufactured homes, motor homes, and trailers may not be used as accessory buildings (i.e., storage buildings, workshops, etc.) in any district. Manufactured homes shall be used as dwelling units or otherwise removed from the property.
[Amended 12-21-2020 by Ord. No. 280]
E. 
Vehicles, such as truck trailers, vans, trucks, shall not be used for the storage of items in any district except the C and I Districts and on a temporary basis on active building sites in any district. Such vehicles may remain on a lot up to 30 days while being loaded or unloaded.
F. 
Outdoor stockpiling or storage. In all residential districts (R-1, R-2 and R-3), the following regulations are applicable:
(1) 
The storage or stockpiling of tires, tire rims, wheels, metal products, scrap wood of any kind (other than firewood), iron, steel, brass, copper, tin, lead, other base materials, cordage, ropes, rags, fibers, wire, fabrics, rubber, vinyl, plastic or other synthetics, bottles, glass, wastepaper, cardboard, or other waste or discarded materials is prohibited unless stored in a shed, barn, garage or other building(s). Firewood is to be neatly stacked in the back or side yards of the primary structure.
(2) 
The storage or stockpiling of all construction, commercial, industrial and farm equipment, devices and attachments for such items is prohibited unless said items are stored in a shed, barn, garage or other building(s) or enclosed by a fence or evergreen barrier in such a manner that the items are unable to be viewed by adjoining property owners or the general public or unless the primary purpose of the items is for use on the property it is located on.
(3) 
The storage and stockpiling of abandoned or unusable trailers, minibikes, four-wheelers, lawn mowers and other inoperable motorized vehicles, attachments and equipment is prohibited unless said items are stored in a shed, barn or garage or other building(s) or enclosed by a fence or evergreen barrier in such a manner that the items are unable to be viewed by adjoining property owners or the general public.
(4) 
The storage and stockpiling of vats and tanks (other than gas and oil tanks that are being used to supply heat to a residence on the property), appliances, furniture, and any and all other household or commercial items that are normally used for interior use is prohibited unless said items are stored in a shed, barn or garage or other building(s) or enclosed by a fence or evergreen barrier in such a manner that the items are unable to be viewed by adjoining property owners or the general public.
(5) 
The storage or stockpiling of trash, garbage, or refuse not generated by the dwelling on the property is prohibited. The storage or stockpiling of trash, garbage, or refuse generated by the dwelling on the property for more than seven days is prohibited.
(6) 
The storage or stockpiling of building and landscaping materials including but not limited to wood, trusses, rebar, concrete products, plastic, shingles, dirt, sand, stone, electrical equipment, plumbing supplies and fixtures, siding, and any and all materials used in the construction of any structure of any kind is prohibited unless said items are stored in a shed, barn, garage or other building(s) or enclosed by a fence or evergreen barrier in such a manner that the items are unable to be viewed by adjoining property owners or the general public. Items that are actively being used in the construction of any structure on the property that requires a land use permit may be stored on the property during the period of time the land use permit is valid or for 60 days after completion of the project or an occupancy permit is granted. Items that are actively being used in the construction of projects that do not require a land use permit are permitted for a period of 60 days after they are initially placed on the property. However, after said sixty-day period the items must be installed on the construction project, removed from the property or stored in a shed, barn, garage, or enclosed by a fence or evergreen barrier in such a manner that the items are unable to be viewed by the general public or adjoining property owners.
Customary home occupations and professional offices or studios where permitted as an accessory use are subject to the following provisions:
A. 
Where permitted: within a single dwelling unit or in a building or other structure accessory to the dwelling unit and provided only persons residing in said dwelling are employed in the home occupation.
B. 
Evidence of use: does not display or create outside the building any evidence of the home occupation except one nonlighted sign which must be either a maximum of six square feet and mounted on the face of the building or four square feet and located at the mailbox or end of driveway.
[Amended 1-20-2014 by Ord. No. 245]
C. 
Permitted uses. One of the following customary home occupations shall be permitted for a single-family dwelling, provided all off-street parking standards and any other requirements are in compliance:
(1) 
Medical, dental, or other professional office or studio.
(2) 
Rooming and/or boarding of not more than two persons.
(3) 
Custom tailoring.
(4) 
Tutoring for not more than four students simultaneously.
(5) 
Barber shop, beauty parlor or tanning salon.
(6) 
Computer operations including word processing.
(7) 
Except in manufactured home parks, in-home day care of children who are not residents of the dwelling in which the care is provided, given that the residence is a single-family detached dwelling and that all state requirements are met.
[Added 1-17-2011 by Ord. No. 231[1]; amended 12-21-2020 by Ord. No. 280]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection C(7) as Subsection C(8).
(8) 
Any similar related customary home occupation which in the opinion of the Zoning Hearing Board is clearly incidental to the residential use of the premise and neighborhood.
Whenever a developer or owner proposes to provide land or structures for the benefit of only particular homeowners of a project such as usable open space and active play areas, a homeowners' association shall be established in accordance with the following provisions:
A. 
The homeowners' association shall be established either as an incorporated organization or an unincorporated association operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. Additionally, specific provisions shall be established which define completely all membership requirements of all non-lot owners in the event rental units are included in the project.
B. 
The homeowners' association's declaration of covenants, conditions, and restrictions shall, as a minimum, establish the following:
(1) 
Property rights including the owner's easements of enjoyment and delegation of use.
(2) 
Membership and voting rights including any distinction between membership classes.
(3) 
Covenant for maintenance assessments including the creation of the lien and personal obligation of assessments, purpose of assessments, the maximum annual assessments, special assessments for capital improvements, uniform rate of assessments, and subordination of the lien to mortgages.
(4) 
Architectural and exterior maintenance control.
(5) 
General provisions including enforcement, amendments, and property annexation procedures.
C. 
The developer or owner shall assume all responsibilities for the homeowners' association until 75% of the dwelling sites are sold or until such time as the association formally assumes such responsibility. Once the homeowners' association is established, the developer or owner shall be responsible for payment of dues to the homeowners' association for lots which he owns.
D. 
Stages developments. If the developer proposes to construct the project over a period of separate stages, the homeowners' association may also be staged consistent with the development time schedule.
E. 
Approval. The Township Supervisors shall retain the right to review and approve the articles of incorporation and all declarations of covenants, conditions and restrictions of the homeowners' association. (For the sake of consistency within the Township, it is recommended that the United States Department of Housing and Urban Development, Federal Housing Administration's Suggested Legal Documents for Planned Unit Developments, FHA Form 1400 and VA Form 26-8200, be consulted.)
Compliance with the following standards in addition to the applicable requirements contained elsewhere in this chapter shall be required in order for shopping centers to be permitted in Commercial Districts:
A. 
Access. There shall be no access points located within 70 feet of intersecting streets, unless such points are located directly at an intersection. A minimum of two points of vehicular ingress and egress, separated by not less than 200 feet is required. Facilities for pedestrian ingress and egress may also be required by the Township Supervisors.
B. 
Management. A shopping center shall be under unified management which shall clearly establish centralized responsibility for the operation and maintenance of the project, including all common areas.
C. 
Signs. There shall be only one freestanding sign per road frontage which shall be designed and used for the purpose of announcing the shopping center itself in compliance with the applicable provisions of this chapter and may be lighted.
D. 
Parking. There shall be a minimum of 5.5 parking spaces for every 1,000 square feet of floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors measured from the center line of joint partitions and from the outside wall faces. This area is commonly referred to as gross leasable area (GLA).
E. 
Circulation. Traffic circulation within a shopping center project shall be designed to minimize pedestrian and vehicular mixing and congestion. Circulation shall be provided along the outer perimeters and along store entrances.
[Amended 12-21-2020 by Ord. No. 280]
Except for manufactured home parks, there may be only one dwelling, hotel, or rooming house per lot. Each dwelling is to be on a separate, independent lot, meeting the requirements of this chapter and Chapter 310, Subdivision and Land Development. Each manufactured home in a manufactured home park must be on a separate, independent manufactured home lot, meeting the requirements of this chapter and Chapter 310, Subdivision and Land Development.
[Amended 12-16-2019 by Ord. No. 271]
Walkways may be required in any proposed development. If required, walkways may be along existing roadways, future roadways or completely separated from roadways, and for the use of the general public. The Board of Supervisors, upon recommendation from the Planning Committee, shall determine when walkways are required after considering the health, safety and welfare of the residents of the Township.