In expansion of the declaration of legislative intent contained in §
350-4 of this chapter and the community development objectives contained in §
350-5 of this chapter, it is hereby declared to be the intent of the LI Limited Industrial District to provide for a variety of nonpolluting and smaller scale industrial, research and development, and office facilities within Upper Pottsgrove Township.
[Amended 9-22-1986 by Ord. No. 164; 11-26-1990 by Ord. No.
218; 11-25-1996 by Ord. No. 272; 7-10-2000 by Ord. No. 307]
A building or structure may be constructed or altered and occupied and/or land may be occupied for the following uses, subject to compliance with the conditions contained in §§
350-106 through
350-117 of this article:
A. Except for solid waste management facilities, which are permitted by conditional use under §
350-121, any use not permitted in at least one other zoning district under this chapter, except that landfills, quarries, junkyards and adult uses shall be expressly prohibited.
[Amended 10-1-2007 by Ord. No. 411]
B. Any use except single-family detached dwelling permitted
in a Retail Office District, provided there is compliance with all
requirements (including the requirement of special exception where
applicable) and regulations set forth in Article XIII of this chapter.
[Amended 10-19-2009 by Ord. No. 438]
C. Solid waste management facility when permitted by conditional use applying the criteria and requirements set forth in §
350-121 of this article.
D. Mobile home parks, when permitted by conditional use in accordance with criteria set forth in §
350-122 of this article.
E. Class One, Class Two and Class Three institutional uses when authorized as a special exception in accordance with requirements of §
350-30.
[Amended 10-19-2009 by Ord. No. 438]
At no point on the boundary of a residential
or retail office district shall the sound pressure level of any operation
exceed the described levels in the designated octave bands shown below
for the districts indicated:
SOUND LEVELS
|
---|
Octave Band in Cycles per Second
|
Along Residential District Boundaries
- Maximum Permitted Sound Level in Decibels
|
At Any Other Point on the Lot Boundary
- Maximum Permitted Sound Level in Decibels
|
---|
0 to 75
|
72
|
79
|
75 to 150
|
67
|
74
|
150 to 300
|
59
|
66
|
300 to 600
|
62
|
59
|
600 to 1,200
|
46
|
53
|
1,200 to 2,400
|
40
|
47
|
2,400 to 4,800
|
32
|
39
|
Above 4,800
|
32
|
39
|
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive along a lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system shall fail. There is hereby established as a guide in determining such quantities of offensive odors Table III (Odor Thresholds) in Chapter
5, "Air Pollution Abatement Manual," copyright 1951, by Manufacturing Chemists Association, Inc., Washington D.C.
Any operation producing intense glare or heat
shall be performed within an enclosed building or behind a solid fence
in such manner as to be completely imperceptible from any point beyond
the lot lines.
No vibration which is discernible to the human
sense of feeling shall be perceptible without instruments at any point
beyond the lot line.
There shall be no activities which emit dangerous
or harmful radioactivity. There shall be no electrical disturbance
(except from domestic household appliances) adversely affecting the
operation of any equipment located beyond the property of the creator
of such disturbances.
Every use requiring power shall be so operated
that the service lines, substations, etc., shall conform to the most
acceptable safety requirements recognized by the Pennsylvania Bureau
of Labor and Industry, shall be so constructed, installed, etc., to
be an integral part of the architectural features of the plant, or
if visible from abutting residential properties shall be concealed
by coniferous planting.
No use shall be conducted in such a way as to
discharge any treated or untreated sewage or industrial waste treatment
and disposal except as shall be approved by sanitary engineers or
other qualified persons employed by the Township at the expense of
the owner of the premises. Where the sanitary sewers of the Upper
Pottsgrove Township Municipal Authority are involved, approval of
the Authority Board shall be required.
All water requirements shall be stated in the
application. Water shall be supplied from wells only after approved
or accepted geologic study furnished by the applicant and certification
by a professional geologist that the underground water supply and
levels will not be appreciably altered in such a way as to endanger
the water level and supply for other properties.
In no case shall any building or structure be
erected closer than 100 feet to any residence district nor any parking
area closer than 50 feet from the property line shall be devoted to
buffer areas to be maintained as green areas covered by well maintained
lawns, evergreens and suitable tree and shrub plantings.
The maximum height of any building or structure
erected or enlarged in this district shall be 45 feet except that
the height of any such other building or other structures may be increased
to a maximum of 60 feet or such increased height as may be warranted
when approved by the Zoning Hearing Board for such structures as water
towers, chimneys, stacks, radio antennae and transmission towers,
provided that for every foot of height in excess of 35 feet there
shall be added to each yard requirement one foot.
Each use shall be subject to the sign and off-street parking and loading requirements of Articles
X and
XVII of this chapter.
[Amended 9-22-1986 by Ord. No. 164; 11-26-1990
by Ord. No. 218; 3-8-1993 by Ord. No. 243]
Except as otherwise specifically provided in this section, a solid waste management facility shall be permitted as a conditional use under §
350-105 of this article by the Board of Commissioners only if the application and the use proposed thereby comply with all applicable requirements set forth in this chapter and any other ordinance of Upper Pottsgrove Township, and specifically with this article and, in addition, with the following requirements:
A. The applicant shall pay at the time of submission
of the conditional use application an application fee as established
by the Board of Commissioners for conditional uses and shall deposit
an amount equal to 5% of the estimated construction cost of the proposed
facility, the minimum deposit being an amount as established, from
time to time by resolution of the Board of Commissioners and the maximum
deposit being an amount as established from time to time by resolution
of the Board of Commissioners, to be applied to the legal and engineering
costs to the Township for review of the application and for preparation
of studies and agreements in connection therewith and for inspection
and enforcement costs incurred during construction or prior to commencement
of lawful occupancy and/or operation thereof. A refund of the excess
of the deposit over such costs will be made to the applicant.
B. The following conditions may be imposed by the Board
of Commissioners as conditions of approval of any solid waste management
facility at the discretion of the Board:
(1) The applicant may be required to pay a user fee fixed
by the Board to the Township in an amount based upon the quantity
of solid waste processed at the solid waste management facility. Such
user fee may be subject to adjustment from time to time by reference
to the Consumer Price Index U.S. All Items as compiled by the United
States Department of Labor, Bureau of Labor Statistics, or similar
index.
(2) The applicant may be required to permit access to
its operational and financial records for the purpose of periodic
review by a Governmental Advisory Board consisting of five Commissioners
of Upper Pottsgrove Township, one member appointed by the Board of
Commissioners of Upper Pottsgrove Township, and two members appointed
by Montgomery County. The applicant may be required to offer unconditionally
to purchase all present properties with residential buildings located
within 500 feet of the boundary line of the tract on which the sanitary
landfill and/or solid waste management facility is proposed. The offer
to purchase such properties with residential buildings shall include
the residential structures, together with the minimum lot size permitted
by this chapter for a single-family detached residence. To determine
the amount to be offered to each property owner, a panel of three
qualified appraisers shall be retained. one appraiser shall be selected
by the owner of the property in question, and a second appraiser selected
by the applicant for conditional use approval. The two appraisers
so selected shall together select a third appraiser. The reasonable
cost of the appraisals shall be paid by the applicant. The applicant
may be required to offer unconditionally an amount equal to the mean
appraised value of the property based on the three appraisal reports,
plus 25% of such mean value with settlement within 90 days. The value
shall be determined as the value existed immediately preceding the
application and as unaffected by it.
(3) The applicant at its expense may be required to improve the road network to Route 100 in accordance with a plan approved by the Township. Reference shall be made to Subsection
H of this section.
C. The applicant shall provide satisfactory documentation
to indicate that the proposed application has been approved by Montgomery
County as consistent with its Municipal Waste Management Plan.
D. The applicant shall comply with all applicable federal
and state regulations.
E. Dimensional standards.
(1) Minimum lot size for sanitary landfill (exclusive
of existing rights-of-way of public roads): 25 acres.
(2) Minimum lot size for solid waste management facility
other than sanitary landfill (exclusive of existing right-of-way of
public roads): 10 acres.
F. A solid waste management facility for municipal waste
shall not allow dumping, burying, depositing, storing, incinerating,
treating or disposition of solid waste other than municipal waste
as defined in the Solid Waste Management Act (Act of July 7, 1980,
P.L. 380, 35 P.S. § 6018.101 et seq.) enacted by the Commonwealth
of Pennsylvania, as amended to the date of this chapter, and the ash,
residue, reject material and other material generated from such municipal
waste. A solid waste management facility permitted as a conditional
use hereunder shall not dispose of any ash, residue, reject material
and other material generated from such municipal waste at a landfill
within Upper Pottsgrove Township unless such landfill conforms to
the criteria and requirements set forth in this section and accepts
such waste from the solid waste management facility exclusively and
no other waste.
G. Vehicular access.
(1) Any Township road used to provide access to a solid
waste management facility shall be paved and maintained in good condition
in accordance with the standards of Pennsylvania Department of Transportation
relating to the type of heavy truck traffic resulting from such facility.
(2) The Board of Commissioners may designate safe and
adequate access roads and prohibit the use of other roads, except
for local trash collection purposes.
(3) The minimum paved cartway for access roads shall be
24 feet, with four-foot-wide improved shoulders on both sides.
(4) The costs of upgrading and maintaining access roads
to the solid waste management facility shall be paid by the solid
waste management facility operation in a manner suitable to the Commissioners.
H. The site shall be fenced and secured by gates which
can be locked. The fence shall be at least eight feet in height with
permanent posts set in concrete. In addition, appropriate precautions
shall be taken to prevent waste from escaping the site because of
wind or otherwise. Fencing, walls, and other enclosures may be required
for this purpose. Any such escaping waste shall be collected daily
and properly disposed.
I. The solid waste management facility site shall be
graded and provided with appropriate drainage facilities to prevent
runoff, prevent erosion, and to prevent collection of stagnant water.
J. There shall be no dumping, depositing, storage, incineration,
treatment or disposition of waste within 200 feet of any public road
or any property line of the solid waste management facility and reasonable
visual screening composed of trees and so forth shall be provided
before commencement of operations and maintained thereafter. Such
visual screening shall include evergreen trees in a solid double row
10 feet apart with a minimum height of nine feet and, in addition,
shade trees with a two inch caliper, and a minimum height of nine
feet in a number equivalent to one tree for every 50 linear feet of
buffer. In addition, there shall be no dumping, depositing, storage,
incineration, treatment or disposition of waste within 500 feet of
any dwelling, church, school or other occupied building.
K. The highest elevation of a landfill shall not exceed
35 feet above the highest point of natural elevation within the landfill
area of the site before the disposal operation began. Final grading
of the landfill area shall be done in a manner which leaves the site
useful. New landscaping shall be planted to protect against erosion
and improve the appearance of the land after final grading.
L. Permanent buildings shall be constructed on the site
to house equipment other than motor vehicles when not in use.
M. All buildings shall be equipped with fire and smoke
detection and extinguishing facilities in accordance with regulations
of the Pennsylvania Department of Labor and Industry, the National
Fire Protection Association, and/or other more stringent regulations.
N. An on-site permanent platform scale capable of weighing
100 tons shall be used to weigh all solid waste delivered to the site
and complete records indicating type and weight of all solid waste
shall be maintained by the operator, which records shall be available
for inspection by the Board of Commissioners upon request.
O. A certified copy of all reports, data, plans and other
material and information required to be submitted to the Pennsylvania
Department of Environmental Protection also shall be submitted to
the Board of Commissioners.
P. A tire cleaning area consisting of an eight-inch concrete
slab 24 feet wide and 100 feet long with drainage catch basins shall
be provided on the access road within the solid waste management facility
site. The newest type scrubber shall be installed and all tires on
all trucks leaving the solid waste management facility shall be cleaned.
Q. An environmental assessment statement shall be submitted
to the Board of Commissioners, and shall include the following:
(1) A description of all proposed facilities.
(2) A physical description of the environment affected
including summary technical data and maps and diagrams adequate to
permit an assessment of potential environmental impact by commenting
agencies and the public. Highly technical and specialized analysis
and data shall be attached as appendices or footnoted with adequate
bibliographic references.
(3) The interrelationship and cumulative environmental
and economic impacts of the proposed solid waste management facility
when coupled with other solid waste processing or disposal facilities
shall be stated and supported by adequate technical analysis.
(4) The sources of data used to identify, quantify or
evaluate any and all environmental consequences must be expressly
noted.
(5) The relationship of the proposed solid waste management
facility to land use plans, policies and controls for the affected
area, including a statement as to how the proposed solid waste management
facility may conform or conflict with the objectives and specific
terms of existing or proposed federal, state, county or Township land
use plans, policies and controls.
(6) An analysis of:
(a)
The primary and secondary effects of the solid
waste management facility and its capacity to stimulate or induce
changes in patterns of social and/or economic activities.
(b)
The impact on existing community facilities
and activities, changes in natural conditions, etc.
(c)
The effect on natural and cultural features
such as streams, mountains, historic sites, landmarks, principal roads,
mine shafts, lakes and towns.
(7) Specific data relating to the impact of the solid
waste management facility on local vehicular traffic, and designating
the routes to be utilized by vehicles seeking access to that proposed
facility.
(8) Specific data relating to the impact of the solid
waste management facility on local water supplies, streams and rivers.
(9) Specific data relating to the impact of the solid
waste management facility on natural and man-made local storm and
sanitary sewage drainage facilities and areas.
(10)
Specific data relating to the impact of the
solid waste management facility on the existing flood hazard areas
of the Township, including details of any measures or precautions
which may have to be taken order to provide adequate flood control
in the Township.
(11)
A statement of any probable adverse environmental
effects which cannot be avoided (such as water or air pollution, undesirable
land use patterns, damage to life systems, congestion, threats to
health or other consequences adverse to the environment). Included
for purposes of contrast should be a clear statement of how other
avoidable adverse effects will be mitigated.
(12)
The relationship between local short-term uses
of the environment and the maintenance and enhancement of long-term
productivity. This section shall contain a discussion of the extent
to which the proposed action involves short-term environmental gains
at the expense of long-term losses, or the converse, and a discussion
of the extent to which the proposed action forecloses future options.
In this context, the words "short-term" and "long-term" shall be viewed
in terms of the environmentally significant consequences of the proposed
action.
(13)
The aesthetic impact of the proposed action
including its impact upon visual quality of the surrounding community.
(14)
An analysis of the success and/or failure of
similar projects.
(15)
A statement of any adverse effects on employment,
taxes and property values.
(16)
A statement of any effects on desirable community
growth.
(17)
A statement describing the location and impact
of the project on nearby recreation areas.
(18)
Such other information as required by the Board
of Commissioners, planning agency, Township Engineer, and/or Solicitor.
R. Contents of application. An application for a conditional
use for a solid waste management facility shall be scheduled for hearing
within 90 days of the date of filing and shall contain the following:
(1) A topographical drawing, prepared by a professional
engineer, registered in the State of Pennsylvania, to a scale no greater
than one inch equals 100 feet, showing:
(a)
Location of site relative to public roads.
(b)
Owners of adjacent properties.
(c)
Proposed fencing and improvements.
(d)
Proposed screening and buffering.
(e)
Cross-sections showing the existing grades and
the proposed grades upon completion and closure.
(f)
Location of equipment cleaning and tire cleaning
areas.
(g)
Location of weighing scales, fire fighting equipment
and all facilities, including buildings.
(2) The names and current addresses of any and all persons
who own any interest, real or equitable, in the real estate which
is the subject of the application.
(3) The names and current addresses of any and all persons having any ownership interest in any corporations or other business entities which may be set forth in answers to Subsection
R(2) above, where such persons possess an ownership interest of 10% or more.
(4) The names and current addresses of any and all persons
having any ownership interest in the operation or proposed operation,
maintenance and use of the solid waste management facility in question.
(5) The names and current addresses of any and all persons having any ownership interest in any corporations or other business entities as set forth in Subsection
R(4) above, where such persons possess an ownership interest of 10% or more.
(6) The identities and qualifications of personnel designated
to manage and operate the proposed facility, together with their intended
responsibilities.
(7) All requirements of the Pennsylvania Solid Waste Management
Act and regulations and standards of the Department of Environmental
Protection relating to solid waste processing and disposal systems
are incorporated herein by reference, and the applicant shall be required
to submit any and all plans, applications, data, materials, studies
and information to the Board of Commissioners as is required to be
submitted to the Pennsylvania Department of Environmental Protection
pursuant to said Act, regulations and standards. All such materials
shall be certified by the applicant to be true and correct copies
of original materials filed with that Department.
(8) Statements indicating expected useful life of the
solid waste management facility and the condition and proposed uses
of said site upon termination of operation, and any limitations on
future uses due to proposed use.
(9) An access road survey, which shall include the following:
(a)
Statements as to the estimated number of vehicles
which are expected to use the site on a daily basis during the first
two years of operation and as to the estimated weight thereof.
(b)
A plan indicating all roads anticipated to be
used as access roads.
(10)
Statement of applicant's prior experience, if
any, in operating solid waste management facilities.
(11)
An environmental assessment statement as required by Subsection
Q of this section.
S. Permits, inspections, and operations.
(1) The Board of Commissioners and/or its authorized representatives,
from time to time, shall inspect the solid waste management facility
and operation to assure continued compliance with this article. The
solid waste management operator shall make the site available for
inspection when requested to do so. All inspection expenses shall
be borne by the operator. Inspection expenses may include the cost
of an accredited analyst to evaluate test results or other experts
as deemed necessary.
(2) For the purposes of this article, the terms "applicant"
and "operator" shall be synonymous and shall mean those individuals,
authorities, private firms, or others who are responsible for making
application(s) to the Board of Commissioners and for operating the
solid waste management facilities.
T. Transfer of permits. No permit issued hereunder may be transferred or assigned unless and until an application is received from the proposed transferee setting forth the information required by Subsection
R of this section.
U. Denial of access to certain vehicles. The operator
of any solid waste management facility shall be required to deny access
to the facility for a period of 90 days to any person or business
entity whose vehicles used in delivering solid waste thereto:
(1) Do not have loads fully enclosed within the truck
body or which are not covered by appropriate covering and restraining
devices.
(2) Are discovered by the Township to be utilizing routes
other than those designated in the operating permit.
(3) Transporting waste which the facility is not permitted
by DEP to receive.
V. Cleaning of litter required. The operator of any solid
waste management facility shall be required to clean litter each day
from all feeder roads utilized by trucks depositing solid waste therein
to the boundaries of Upper Pottsgrove Township.
W. Vector control procedures. Vector control procedures
shall be carried out a minimum of twice each week, or more often as
required, to prevent health hazards or nuisances. The permittee shall
submit a control program for the approval of the Board of Commissioners,
including evidence of a contractual agreement for services with an
exterminator. The permittee is required to submit proof of extermination
to the Board of Commissioners.
X. Waste remaining at transfer stations. There shall be no solid waste remaining at a transfer station at the end of a working day unless it is stored in containers constructed to be watertight, leakproof, weatherproof and rodentproof. Special provisions shall be made for the transfer of bulky waste (e.g., tree branches and stumps, appliances, etc., junk automobiles, machinery) at the transfer station, otherwise such waste shall be excluded from the provisions stated in Subsection
F of this section.
Y. Emergency operation plans; storage of material. All
solid waste management facilities shall have a written emergency operational
plan to provide for an alternative waste handling system during periods
when the facility is inoperative. These plans shall delineate the
procedures to be followed in case of equipment breakdown which will
require standby equipment, extension of operating hours or diversion
of solid waste to other facilities. Solid waste materials shall not
be stored at a permitted facility for more than 24 hours before ultimate
disposition by transfer, disposal in a landfill, or incineration,
except for material to be recycled such as glass, metal, paper, rags
and so forth, and material to be processed at an incinerator or resource
recovery facility which is stored within the confines of a building
in a holding pit or bunker. Under no circumstances shall such pit
or bunker be built with a capacity larger than will accommodate or
hold a four day supply of material for the incinerator or resource
recovery facility.
Z. Vehicles to originate from transfer-transport facility;
load capacity. Fifty percent of all vehicles delivering solid waste
generated outside of Upper Pottsgrove Township shall originate from
a transfer-transport facility permitted by the Pennsylvania Department
of Environmental Protection and shall have a load capacity of not
less than 40 cubic yards.
AA. Design capacity. No incinerator or resource recovery
facility shall have a design capacity greater than 500 tons in a twenty-four-hour
period.
BB. Sign. A sign shall be erected and maintained having
a size of at least eight feet by eight feet and located at least five
feet above ground visible to traffic indicating the name and address
of owners and operators and federal and state permit numbers and operating
hours.
CC. Insurance. The operator of a solid waste management
facility shall maintain insurance coverage including coverage for
liability for pollution in an amount satisfactory to the Board of
Commissioners and shall provide a copy of the policy to the Board.
DD. Municipal operation. Sanitary landfills shall not
be permitted unless operated by the Township or a municipal authority
created by the Township.
[Added 11-25-1996 by Ord. No. 272]
Mobile home parks shall be permitted by the Board of Commissioners as a conditional use only if the proposed use complies with all applicable requirements under this chapter and any other ordinance of Upper Pottsgrove Township and with the following requirements. The requirements are intended to establish standards of performance for planned mobile home parks to ensure their integration into the community, reflect changes in the technology of home building and land development, and provide for a diversity in housing types and prices. In the event that any requirement of this section is inconsistent with requirements of other provisions of this chapter, other ordinances (including, but not limited to, Chapter
310, Subdivision and Land Development), and/or statute or other law, the provision which imposes the greater or greatest, as the case may be, restriction shall prevail and control.
A. Permitted uses. Mobile home parks may include the
following uses:
(1) Residential uses. A mobile home park may include singular
or double-width mobile homes, single-family detached modular homes
or a combination of these, but shall not include travel trailers or
motor homes.
(2) Customary accessory structures shall be permitted on individual lots according to the standards of §§
350-19 and
350-20 herein.
(3) Nothing in this section shall be considered to prohibit
the rental, sale or resale of a mobile home located on a mobile home
stand and connected to all utilities. Similarly, a model or display
area is permissible on a temporary basis; provided that models are
developed in accordance with all applicable requirements of this chapter
and that use of the models for sales or rental promotion ceases when
the project is fully developed.
B. General provision.
(1) The tract of land proposed for mobile home park development
shall be held either in single ownership or in other ownership as
will be such that the tract will be developed under a single direction
in accordance with an approved plan.
(2) Minimum tract area: 15 acres. In addition, each mobile
home tract must have at least 10 acres of developable land that does
not contain floodplain, steep slopes, utility easements or wetlands.
(3) Every area to be used as a mobile home park must be
served exclusively by public sewers and public water.
(4) Road access. Any tract proposed for a mobile home park shall have direct access to a collector or higher classification street, as classified in Chapter
310, Subdivision and Land Development. The Board of Commissioners, with the input of the Township Engineer, shall ensure the street onto which the mobile home park takes access to be capable of accommodating the transport of mobile homes.
(5) Sites proposed for a mobile home park shall, in the
opinion of the Board of Commissioners, be easily accessible to essential
community facilities and services, such as employment centers, shopping
center, schools and police and fire protection.
C. Density. Mobile home parks shall be developed at a
density not exceeding 4 1/2 dwelling units per developable acre,
based on the following: the maximum number of mobile homes permitted
on a tract shall be determined by:
(1) Calculating the developable acreage of the tract in
accordance with the definition of "developable acreage" in this chapter;
and
(2) By multiplying the developable acreage so calculated
by 4 1/2 units per developable acre.
D. Dimensional standards.
(1) No mobile home shall be closer than 40 feet from any
tract boundary, unless the mobile home lot abuts the boundary of another
mobile home park development, in which case this may be reduced to
25 feet with respect to such boundary.
(2) No mobile home or accessory building may be located
closer than 25 feet to the ultimate right-of-way line of any public
street, to the edge of the cartway of private interior streets, or
to the edge of any pedestrian walkway. However, for the short side
of a mobile home, this may be reduced to 15 feet.
(3) No more than six mobile homes in a row shall have
the same setback. Where varied setbacks are used, the difference shall
be at least four feet.
(4) No mobile home or accessory use shall be closer than
25 feet to any common parking area.
(5) Lot area. All mobile home lots shall have a minimum
lot area of 5,000 square feet when on-lot parking is provided, exclusive
of the area of any private roadway, public right-of-way or equivalent
right-of-way where required for a private roadway. Where common parking
is provided, this may be reduced to 4,500 square feet.
(6) All mobile home lots shall be at least 55 feet wide at the building setback line. Where roofed additions are prohibited or where the applicant can demonstrate that roofed additions would not violate Subsection
D(7) and
(8) of this section, the width of the lot may be reduced to 45 feet. All mobile home lots shall have at least 25 feet of frontage along a public street or equivalent right-of-way line or edge of pavement as applicable.
(7) No mobile home or accessory building shall be located closer than four feet to the side or rear lot line of an individual mobile home lot; provided, however, that all minimum requirements of Subsection
D(9) of this section must be met; and, provided further, that accessory buildings may be located on the lot line if physically joined to each other with a common wall located on the lot line.
(8) Mobile homes are encouraged to use the minimum setbacks
and to be placed off-center on the lots so as to provide a large,
usable open yard space in one section of the lot.
(9) Mobile homes and roofed structures or areas attached
thereto shall be separated from each other, and from other buildings
and structures, other than accessory structures, at their closest
points by a minimum of 20 feet; provided, however, that whenever two
mobile homes have their longest sides parallel or essentially parallel
to each other for more than 25% of the length of either, the minimum
distance between the mobile homes shall be 30 feet. The sides shall
be considered to be essentially parallel if they form an angle of
less than 45° when extended to intersect.
(10)
The maximum coverage of any individual mobile
home lot by primary and accessory buildings shall be 25%.
(11)
No mobile home shall exceed a height of one
story or a maximum of 25 feet.
(12)
In order to allow clustering of lots designed
to encourage flexibility in site design and preservation of natural
features; and maximum creation of accessibility to recreation areas
and distance between structures, minimum lot width and minimum lot
size may be reduced up to a maximum of 10% upon approval of the Board
of Commissioners; provided that at least 50% of all lots so reduced
shall directly abut common open space for a distance of at least 20
feet. An area equal to that by which each lot is reduced shall be
added to the minimum common open space specified in this section.
E. Common open space. At least 15% of the site area of
the mobile home development must be held in common open space, as
defined in this chapter. No more than 1/3 of the common open space
may be the required buffer area.
F. Buffers. Landscape screening and buffering shall be provided for all mobile home park developments in compliance with §
310-37 of Chapter
310, Subdivision and Land Development.
G. Registration and administration.
(1) Registration. It shall be unlawful to operate a mobile
home park within the Township unless it has been registered with the
Zoning Officer, who may inspect the premises with reasonable notice.
(2) Transfer of registration. Registration is not transferable.
The Board of Commissioners shall be notified in writing within 10
days after the sale, transfer, lease or other change in the controlling
interest of a mobile home park and the registration shall be renewed
following inspection.