Sign regulations applicable to all districts.
A.
Scope and applicability.
(2)
Special permit required. A special permit(s), not
to exceed 30 days in any calendar year for all special permits, may
be issued for promotional devices, floodlights, flags, banners or
other attention getting devices for special occasions for new or existing
businesses in any commercial or industrial district.
(3)
Temporary permit required. A temporary zoning permit
will be required for any sign erected and maintained by a developer
on a tract of ground. Permits will be valid for six months but may
be renewed by the Zoning Officer. Such sign shall not exceed 32 square
feet in area.
B.
Nonconforming signs.
(1)
Signs legally existing at the time of enactment of
this chapter and which do not conform to the requirements of this
chapter shall be considered nonconforming signs. Any nonconforming
sign which is damaged in excess of 25% of its cost of replacement
or is removed shall be replaced only with a conforming sign. Legal
nonconforming signs may be repainted or repaired (including lighting),
provided that such repainted or repaired sign does not exceed the
dimensions of the existing sign. Wording may also be changed.
(2)
Signs advertising a use no longer in existence shall
be removed or changed to advertise the new use within 30 days of the
cessation of the original use. Signs once removed shall be replaced
only by signs in conformance with this chapter.
(3)
It is the responsibility of the owner of a sign to
provide evidence that a sign is lawfully nonconforming and to register
such sign with the Zoning Officer.
C.
Construction of signs. Every sign permitted in this
section must be constructed of durable materials and must be kept
in good condition and repair. Any sign which is allowed to become
dilapidated may be repaired or removed by the Township at the expense
of the owner or lessee of the property on which it is located upon
written notice to both tenant and landlord.
D.
Abandoned signs. No person shall maintain or permit
to be maintained on any premises owned or controlled by him a sign
which has been abandoned.
(1)
An abandoned sign for the purpose of this chapter
is a sign located on and/or related to the use of a property which
becomes vacant and unoccupied for a period of six months or more;
any sign which was erected for an occupant or business unrelated to
the present occupant in business; or any sign which relates to a time,
event or purpose which is past.
(2)
Any such abandoned sign shall be abated by the owner
or person controlling the property within 30 days of the date of abandonment
as herein defined.
E.
Location of signs. The location for signs shall be
governed by the following location requirements:
(1)
No sign except official signs, name plate signs, bus
shelter signs, public service signs (such as telephone) and directional
signs shall be erected within or project over a street right-of-way.
(2)
No sign shall be so located or arranged that it interferes with the sight distance requirements of § 240-23D(11).
(3)
No signs except official signs, political signs, public service signs, bus shelter signs or off-premises signs permitted by Subsection P shall be erected on a property to which it does not relate.
(4)
No sign except removable political signs and temporary
yard or garage sale signs shall be placed on any tree, official sign,
rocks or other natural features.
(5)
All signs erected in any zoning district, except C-1,
shall comply with the side yard requirements for the district. A freestanding
sign, other than an off-premises sign, may be erected one foot from
the side property line in the C-1 Commercial District.
[Amended 9-4-2012 by Ord. No. 129-F-2012]
F.
Illuminated signs.
(1)
The lighting of signs shall be arranged so that a
bare light bulb, spotlight bulb or fluorescent bulb is not visible
off the lot. Any lighting of signs shall be the minimum necessary
to make the sign visible from a distance of 500 feet.
G.
Vehicle signs. Any vehicle or structure to which a
sign is affixed in such a manner that the carrying of such sign or
signs no longer is incidental to the primary purpose of the vehicle
or structure but becomes a primary purpose in itself shall be considered
a freestanding sign and as such be subject to the provisions regarding
freestanding signs in the district in which such vehicle or structure
is located. All vehicles associated with a commercial establishment
shall be parked in a location that precludes the vehicle from being
used as a freestanding sign.
H.
Menu boards, bills of fare or price lists.
[Amended 7-7-2015 by Ord.
No. 129-F-2015]
(1)
Notwithstanding anything in this chapter to the contrary, menu boards
for restaurants shall be permitted, provided that all of the following
conditions are met:
(2)
Notwithstanding anything to the contrary in this chapter, menu boards
associated with a beverage cafe with drive-through service in a shopping
center permitted pursuant to § 240-15C(9) shall be permitted,
provided that all of the following conditions are met:
(a)
The menu board shall not exceed eight feet in height, including
the base, as measured from the elevation of the vehicle drive-through;
(b)
The menu board shall not exceed 50 square feet in area;
(c)
If the menu board is illuminated, it shall only be internally
illuminated and may only be illuminated during normal business hours;
(d)
The menu board shall be located so as not to obstruct traffic
or sight lines of vehicles in a shopping center; and
(e)
Landscaping shall be planted to minimize the visibility of the
menu board from any public street.
I.
Temporary signs. The following signs are permitted
and do not require a zoning permit, provided that they are removed
in the time specified and conform to the sign requirements of this
section. Any such sign that does not meet the requirements of this
section shall only be permitted if it meets the provisions for another
type of permitted sign.
(1)
Yard or garage sale signs, provided that they do not
exceed four square feet in area and are removed within 48 hours after
sale, and provided that a maximum of three such signs are posted.
(2)
Signs giving notice of the sale or rental of the property
on which the sign is located, provided that such sign does not exceed
eight square feet in area in the R-1 (PRD Residential Area), R-2,
R-3, R-4 and R-5 Zoning Districts, and 20 square feet in area in the
R-1 (PRD Commercial Area), C-1, C-2, C-4, C-5, I-1, I-2 and BP Zoning
Districts, and are removed within 72 hours upon settlement of the
sale or upon signing of the lease of rental. Open house directional
signs with a maximum size of two square feet may be installed two
hours prior to the open house and must be removed immediately following
the event.
[Amended 5-7-2002 by Ord. No. 129-L-02; 9-25-2012 by Ord. No. 129-G-2012]
(3)
Political signs, provided that each does not exceed
eight square feet in area and are removed within seven days after
the date of the election or referendum.
(4)
Signs erected by a United States Internal Revenue
Service recognized nonprofit or charitable entity recognized by the
Zoning Officer denoting a special event, provided that they are erected
no more than 15 days before the event and removed within seven days
after the event and do not exceed 32 square feet in sign area.
(5)
Noncommercial signs and decorations for an official
or religious holiday, provided that they do not create traffic or
fire hazards and are removed within seven days following the event.
Such sign shall not exceed 32 square feet.
(6)
Signs announcing work actively being performed on
the premises by contractors, mechanics, painters, artisans, etc.,
not to exceed eight square feet, provided that they are removed within
seven days after such work is no longer actively and continuously
being pursued, except such signs may be a maximum of 32 square feet
if the construction cost is over $1,000,000.
(7)
Signs advertising the temporary sale of products or
goods such as Christmas trees, provided that such signs shall not
exceed a total sign area on each of two sides of 12 square feet, are
only posted for a maximum of 30 days and are removed within three
days after the completion of sales.
J.
Exempt signs. The following type of signs (as defined in § 240-6) are exempt from zoning permit requirements, within the following requirements:
(1)
Official signs.
(2)
Name plate signs not to exceed two square feet.
(3)
Identification signs not to exceed two square feet.
(4)
Directional signs not to exceed four square feet.
(5)
Memorial or historic markers when approved by motion
or resolution of the Board of Supervisors.
(6)
Public service signs, such as those advertising availability
of rest rooms, telephone, meeting times of service organizations or
other similar public conveniences. Not to exceed two square feet.
(8)
Trespassing signs or signs, indicating the private
nature of a road, driveway or premise, and signs prohibiting or controlling
hunting and fishing upon the premises, not to exceed two square feet.
K.
Signs prohibited in all districts. The following signs
are prohibited in all zoning districts:
(1)
Banners, spinners, flags, pennants or any moving object used for commercial advertising purpose whether containing a message or not, except as permitted under Subsection A(2), and except banners or flags meeting the requirements for a permitted type of sign.
(2)
Flashing, blinking, twinkling, animated or moving signs of any type, except those portions of the sign which indicate time and temperature, and except permitted under § 240-22W.
[Amended 9-4-2012 by Ord. No. 129-F-2012]
(3)
Signs placed, inscribed or supported upon the roof
or upon any structure which extends above the eave of the roof of
any building.
(4)
Signs on mobile stands which can be moved from place
to place.
(5)
Signs which emit smoke, visible vapors or particles,
sound or odor.
(6)
Signs which contain information that states or implies
that a property may be used for any purpose not permitted under the
provisions of this chapter in the zoning district in which the property
to which the sign relates is located.
(7)
Signs that are of such character, form, shape or color
that it imitates or resembles any official traffic sign, signal or
device, or that has any characteristics which are likely to confuse
or distract the operator of a motor vehicle on a public street.
(8)
Signs that outline the rooflines, doors, windows or
wall edges by illuminated tubing or strings of lights for advertising
purposes.
L.
Signs and/or structures denoting the name of a subdivision.
(1)
Signs that are freestanding or attached to walls or
fences constructed of weather-resistant wood or decorative masonry
designating the name of a subdivision and any accompanying logo may
be erected at each entrance of a subdivision. The location of all
such structures or signs shall be approved by the Township during
the subdivision process and shall not contain any advertising except
the name of the subdivision. A maximum of two sign faces shall be
permitted, each of which shall have a maximum sign area of 50 square
feet.
(2)
The applicant shall prove that there will be a long-term
system to ensure proper maintenance of the sign and any accompanying
landscaping and that the sign will be durably constructed as to require
minimal maintenance. The Zoning Officer shall issue a zoning permit
upon the recommendation of the Planning Commission.
(3)
These signs shall only be permitted for use in conjunction
with a subdivision and shall not be permitted for use in conjunction
with a land development.
L.1.
Off-premises signs and structures
denoting the uses in the I-2 District.
[Added 2-5-2002 by Ord. No. 129-G-2;
amended 2-22-2005 by Ord. No. 129-A-05]
(1)
An off-premises, directly illuminated freestanding
sign may be erected at the Paoli Pike entrance to the uses. The location
of such sign, the materials, the method of lighting, and the content
of the sign shall be approved by the Board of Supervisors during the
subdivision/land development process. The sign shall have a maximum
sign area of 20 square feet and a maximum height of five feet. The
Zoning Officer shall issue a zoning permit upon the recommendation
of the Planning Commission and approval of the Board of Supervisors.
(2)
The applicant shall prove by a preponderance
of evidence that there will be a long-term system to ensure proper
maintenance of the sign and any accompanying landscaping.
M.
Area of signs. The following regulations shall be
used in computing the area of signs:
(1)
The area of a sign shall be construed to include all
lettering, wording and accompanying designs and symbols, together
with the background, whether open or enclosed, on which they are displayed,
but not including any supporting framework and bracing which are incidental
to the display itself.
(2)
Where the sign consists of individual letters or symbols
attached to or painted on a surface, building, wall or window, the
area shall be considered to be that of the smallest rectangle or triangle,
including the sign background, which encompasses all of the letters
and symbols.
(3)
In computing square foot area of a double-face sign,
only one side shall be considered, provided that both faces are identical
in size. If the interior angle formed by the two faces of the double-faced
sign is greater than 45º, then both sides of such sign shall
be considered in calculating the sign area.
(4)
Unless otherwise specified, all square footages are
maximum sizes.
N.
Height of signs. Except for off-premises signs,* no
sign shall exceed the maximum height restriction for the particular
type of sign structure and zoning district established below:
[Amended 2-5-2002 by Ord. No. 129-G-2; 9-4-2012 by Ord. No. 129-F-2012; 12-19-2017 by Ord. No. 129-F-2017]
|
Maximum Height**
(feet)
| ||||
|---|---|---|---|---|
|
Type of Sign
Structure
|
Residential
Districts
|
Commercial
Districts
|
Industrial and
Business Park Districts
| |
|
Freestanding
|
6
|
14
|
6
| |
|
Wall
|
10
|
14
|
-
| |
|
*The height of off-premises signs shall be regulated by § 240-22V.
| ||||
|
**"Maximum height" shall mean the vertical distance
measured from the average ground level immediately below a sign to
the highest point of the sign and its supporting structure.
| ||||
O.
Signs permitted in residential districts.
(1)
Only the following types of signs are permitted in
residential districts:
(d)
The following signs are permitted for those
uses permitted in residential districts by conditional uses or special
exception:
[1]
A wall sign not to exceed 20% of the wall-signable
area or 32 square feet, whichever is less, and permitted on the front
wall of the structure only.
[2]
A freestanding sign not to exceed 32 square
feet in area. Such sign shall not be internally illuminated. No more
than one freestanding sign per road frontage.
[3]
A nonilluminated window sign not to exceed 20%
of window area to which it is attached.
(2)
Any of the above signs that are to be associated with
a proposed conditional or special exception use shall be reviewed
and either be approved or denied at the same time that the conditional
or special exception use is being reviewed.
(3)
Signs relating to convenience commercial facilities
when permitted in an apartment development in accordance with the
following regulations:
[Amended 11-16-1999 by Ord. No. 129-J-99]
(a)
Wall sign. One shall be permitted for each establishment
and shall be attached only to either the front wall, front advertising
band or under the eave of the front of the main roof of the individual
establishment. The top of the sign shall not be as high as the roof
eave and the bottom of the sign shall be at least six feet and eight
inches above the nearest finished walkway. (A parking area shall not
be considered a walkway). Such sign shall not exceed two feet in height
or be longer than 75% of the linear length of the individual commercial
establishment. The maximum size of any such sign shall not exceed
24 square feet.
[1]
All newly placed wall signs attached to the
same building.
[a]
Shall be generally consistent in
proportion and format with existing signs so that consistency of signs
is achieved.
[b]
Shall not be box-type signs if
at least 75% of the existing signs in the convenience center are not
box-type signs. A "box-type" sign is a closed box with one or two
faces being illuminated from within.
[c]
Shall maintain common vertical
and horizontal lines with other signs in a manner consistent with
the architecture of the building.
[d]
Should be generally consistent
in materials, font style and type size with other signs attached to
the same building.
[e]
May be directly or indirectly illuminated.
(b)
Freestanding sign. One freestanding sign shall
be permitted for the convenience commercial facility. The sign shall
not exceed 20 square feet in area and shall have an overall height
not exceeding eight feet. Such signs may identify the names or businesses
of the occupants of the convenience commercial facility.
(c)
Window sign. A nonilluminated window sign not
to exceed 20% of the window area to which it is attached.
(d)
Design. All signs on the structures shall be
of the same design, shall be lit in a similar manner and shall be
architecturally compatible with the structure.
(e)
Wall sign alternative. In lieu of the wall sign
authorized by § 240-220(3)(a), each establishment in the
building shall be permitted to erect one freestanding sign in accordance
with the following requirements:
[1]
Each freestanding sign shall have a maximum
size of 10 square feet and a maximum height of 10 feet.
[2]
Each freestanding sign shall be located immediately
in front of its respective establishment.
[3]
All portions of the freestanding sign shall
be located no more than 10 feet from the respective establishment.
[4]
Each freestanding sign shall comply with all
front, rear and side yard requirements, and each such sign shall comply
with the setback requirements for the zoning district in which the
property is located.
P.
Signs permitted in commercial districts. Only the following types
of signs are permitted in a commercial district:
[Amended 9-4-2012 by Ord.
No. 129-F-2012; 9-25-2012 by Ord. No. 129-G-2012; 7-7-2015 by Ord. No. 129-F-2015]
(3)
Signs relating to the principal use on a lot, with a maximum of one
commercial establishment in accordance with the following regulations:
(a)
Wall sign. One wall sign shall be permitted for the commercial
establishment. Such sign shall not exceed two square feet in area
for each linear foot of wall-signable area, but not exceed 60 square
feet.
(b)
A freestanding sign not to exceed 10 square feet in area. No
more than one freestanding sign shall be permitted on each street
frontage.
(c)
A window sign not to exceed 20% of window area to which it is
attached.
(4)
Signs relating to the principal use on a lot, including more than
one commercial establishment are permitted in accordance with the
following regulations:
(a)
Wall sign. One wall sign shall be permitted for each commercial
establishment. Such sign shall not exceed two feet in height or be
longer than 75% of the linear length of the individual commercial
establishment, with a maximum size of 32 square feet. Two wall signs
shall be permitted if the commercial establishment is in a stand-alone
building in a shopping center.
[1]
All newly placed wall signs attached to the same building:
[a]
Shall be generally consistent in proportion with
existing signs.
[b]
Shall not be box-type signs if at least 75% of
the existing signs are not box-type signs.
[c]
Shall maintain common vertical and horizontal lines
with other signs in a manner consistent with the architecture of the
building.
[d]
Should be generally consistent in materials, font
style and type size with other signs attached to the same building.
[2]
An applicant for construction of a new principal building intended
to include more than one establishment is strongly encouraged to submit
a proposed set of standards that the building owner intends to use
to control the types and colors of signs to ensure compatibility among
the signs.
[3]
See Subsection K, which prohibits certain types of signs, such as flashing and above-the-roofline signs.
[4]
Wall sign alternative. In lieu of the wall sign referred to in Subsection P(4)(a), each commercial establishment in the structure shall be permitted to erect one freestanding sign in accordance with the following requirements:
[a]
Each freestanding sign shall have a maximum size
of 10 square feet and a maximum height of 10 feet.
[b]
Each freestanding sign shall be located immediately
in front of its respective establishment.
[c]
All portions of the freestanding sign shall be
located no more than 10 feet from the respective establishment.
[d]
The freestanding signs shall comply with all front,
rear and side yard requirements and they shall comply with the setback
requirements for the zoning district.
(b)
Freestanding signs.
[1]
A shopping center use in the C-2 District or within a PRD may
have a freestanding sign with a maximum area of 120 square feet and
a maximum height of 14 feet on each street frontage. No more than
one freestanding sign shall be permitted on each street frontage.
[2]
All other freestanding signs shall not exceed 10 square feet
in area nor five feet in height. No more than one freestanding sign
shall be permitted on each street frontage.
(c)
Window signs. The cumulative size of window signs is not to
exceed 20% of the window area to which it or they are attached. Such
signs may contain the names or businesses of the occupants of the
facilities.
(d)
All signs on the structure shall be of the same design and lit
in a similar manner and shall be architecturally compatible with the
structure.
(5)
Sign bonus. Each permitted 10 square feet maximum freestanding sign
in a commercial district may be increased in size to a maximum of
20 square feet if the sign is not internally illuminated and is constructed
of relief-cut wood (other than plywood).
(6)
Any sign (as defined in § 240-6, which includes but is not limited to graphics and logos) attached to or incorporated into functional elements of a building or development (including but not limited to awnings, canopies or murals) that serve an advertising or use identification purpose shall be considered to be a sign, and specifically shall be regulated by all provisions of this section for the applicable zoning district.
Q.
Signs permitted in industrial and business park districts.
Only the following types of signs are permitted in the industrial
and business park districts:
[Amended 2-5-2002 by Ord. No. 129-G-2]
(5)
Wall sign. One shall be permitted for each establishment.
Such sign shall not exceed two square feet for each linear foot of
wall area (where a sign could be located) or 100 square feet, whichever
is more restrictive, and shall be permitted only on a wall of the
structure that fronts on a street. If there is more than one establishment
in the structure, the cumulative area permitted for all wall signs
on the wall of a structure that fronts on a street shall not exceed
100 square feet of area in total.
[Amended 12-19-2017 by Ord. No. 129-F-2017]
(6)
Freestanding sign. One sign along each street frontage,
each of which shall not exceed 20 square feet in sign area.
(7)
Freestanding signs in the I-2 District for an office
use.
[Amended 2-22-2005 by Ord. No. 129-A-05]
(a)
A maximum of one freestanding, directly illuminated
sign that is located on the lot that contains the office use shall
be permitted for an office use in the I-2 District. The sign shall
not exceed 13 square feet in area and four feet in height. The Zoning
Officer shall issue a zoning permit for the sign upon the recommendation
of the Planning Commission and approval of the Board of Supervisors.
(b)
Off-site freestanding signs whose primary purpose
is to direct persons to various uses in the I-2 Zoning District may
be installed by the Township in the I-2 Zoning District. These signs
shall be considered “official signs” as defined by this
chapter.
(8)
Freestanding signs in the I-2 District for National
Register of Historic Places eligible buildings. A maximum of two freestanding,
off-premises, directly illuminated signs shall be permitted. Each
sign shall not exceed 24 square feet in area and five feet in height.
If more than one such sign is installed, lettering and symbols shall
be restricted to one side only of each sign. The applicant shall prove
by a preponderance of evidence that there will be a long-term system
to ensure proper maintenance of the sign and any accompanying landscaping.
The Zoning Officer shall issue a zoning permit for the signs upon
approval of the Board of Supervisors.
R.
Approval of signs associated with proposed conditional uses and special exception uses. Any of the signs in Subsections O through and including Q that are to be associated with a proposed conditional or special exception use shall be reviewed and either be approved or denied at the same time that the conditional or special exception use is being reviewed.
S.
Display of street address numbers.
(1)
Assignment of street address numbers.
(a)
Street address numbers shall be assigned by
the Township Manager or his/her designee to each lot, each dwelling
unit and each commercial or business establishment when there is more
than one such establishment on a lot.
(b)
The Township Manager or his/her designee shall
have the power to correct any errors with respect to the assignment
of street address numbers, as and when such errors are discovered,
and shall have the power to change and redesignate a street address
number or numbers assigned to any lot, dwelling unit and commercial
or business establishment when there is more than one such establishment
on a lot and when it is deemed that such change or redesignation is
necessary or desirable in order to provide street address numbers
appropriate for the purposes of uniquely identifying each such lot,
dwelling unit and commercial or business establishment and for reducing
the time, effort and potential confusion necessitated by such identification.
(2)
Application for street address number. The owner or
occupant of a lot, dwelling unit and commercial or business establishment
when there is more than one such establishment on a lot, to which
no street address number has been previously assigned or designated
or to which a duplicative number has been assigned or designated shall,
prior to occupancy thereof, make application to the Township Manager
or his/her designee for assignment of such street address number which,
upon designation, shall be the street address number of the property.
(3)
Specifications for street address number posting.
The owner or occupant of each lot, each dwelling unit or each commercial
or business establishment when there is more than one such establishment
on a lot within the Township shall post the designated street address
number on said lot, dwelling unit and commercial or business establishment
in strict compliance with the following specifications and regulations:
(a)
The street address numbers shall be Arabic in
design and shall be constructed of a permanent and weatherproof material
or possessing a permanent and weatherproof coating.
(b)
Each digit constituting the posted street address
number shall be not less than three inches in height.
(c)
If the lot is improved with a building or buildings,
the digits constituting the posted street address number shall be
secured and permanently mounted to the principal building's element
(e.g., front wall or porch) most proximate to the public or private
vehicular accessway providing principal access to said building.
(d)
Each digit constituting the posted street address
number shall be mounted at a height not less than four feet nor greater
than 10 feet above the grade or elevation of the adjoining principal
vehicular accessway.
(e)
Each digit of the posted street address number
together with the structure or building element to which they are
affixed shall be so designed with regard to contrasting background,
arrangement, spacing, size and uniformity of digits so as to be readily
legible and visible during daylight hours or when illuminated by a
source of artificial light by a person possessing normal vision.
(f)
Each digit of the posted street address number
shall be so located so as to avoid all visual obstruction, including
trees, shrubs and any other temporary or permanent structure or fixture.
(g)
If the lot has a mailbox located within the
street right-of-way, the digits constituting the posted street address
number shall also be permanently mounted, painted or otherwise affixed
on both sides to either the mailbox or the mailbox post.
(h)
If the lot does not have a mailbox located within
the right-of-way but does have a freestanding sign, the street address
shall be placed on the freestanding sign. If the lot does not have
a mailbox located within the right-of-way or have a freestanding sign,
the street address shall be placed on a small freestanding sign which
is located by the main entrance to the property. This freestanding
sign shall not be larger than two square feet in size and not more
than three feet in height.
T.
Bus shelter signs. A bus shelter permitted by § 240-37 may include a single off-premises sign, which shall have a maximum of two sign faces. Such sign shall have a maximum sign area of 24 square feet on each of the two sign faces. In addition, such sign may include a sign of up to four square feet identifying the agency providing public transit service.
U.
Historic wall signs. One historic wall sign shall be permitted on properties listed on the East Goshen Township Historic Resource Inventory for those uses permitted pursuant to § 240-38.5A. The sign shall be reviewed and approved by the Board of Supervisors contemporaneously with the use.
[Added 5-4-2004 by Ord. No. 129-D-04]
V.
Off-premises signs. Off-premises signs shall be permitted when authorized
as a conditional use, subject to the following provisions:
[Added 9-4-2012 by Ord. No. 129-F-2012]
(1)
One off-premises sign shall be permitted on a lot as a principal
use or as an accessory use on a lot which abuts West Chester Pike
between Westtown Way and the Township's border with West Goshen Township
and on a lot which abuts Route 202.
(2)
The off-premises sign shall be set back from the edge of the existing
right-of-way a minimum of 10 feet.
(4)
(5)
The off-premises sign shall be set back a minimum of 20 feet from
all lot lines.
(6)
No off-premises sign shall be erected within 200 feet of any other
off-premises sign.
(7)
If the off-premises sign is to have exterior lighting, a lighting
plan must be submitted with the conditional use application which
includes the following information:
(a)
A site plan containing the layout of the proposed fixture locations
and type.
(b)
Catalog cuts and photometrics for each light fixture, the method
of energizing each light fixture, a listing of the hours of operation
and a plan showing the photometrics for the entire site based upon
the proposed placement of the light fixtures. A description of glare-reduction
devices, lamps, wattage, control devices, mounting heights, pole and
mounting methods, as appropriate for each fixture, should also be
included.
(8)
Off-premises signs shall be screened from any abutting property used
or zoned for residential uses with a buffer planting screen. Such
screen shall consist of evergreen trees of at least 15 feet in height
at the time of planting that form a continuous visual buffer along
or near the property line abutting the residential use or lot.
W.
LED signs. LED signs may be used on the following types of signs subject to the regulations in this § 240-22W: i) an off-premises sign along West Chester Pike between Westtown Way and the Township's border with West Goshen Township; ii) an off-premises sign along Route 202; iii) on a wall sign or freestanding sign in the C-1 District; and iv) signs which are integrated with electric vehicle charging stations and located on a parcel with an approved shopping center use.
[Added 9-4-2012 by Ord. No. 129-F-2012; amended 11-16-2021 by Ord. No.
129-H-2021]
(1)
The message displayed on the sign shall be static and nonanimated
and shall remain fixed for a minimum of 10 seconds.
(2)
The sign shall not display any message that moves, appears to move,
scrolls, or changes in intensity during the fixed display period.
(3)
The transition time between changes in the sign face or message shall
be less than one second.
(4)
The sign must be equipped with brightness controls which shall be
used to reduce the intensity of the light based on outside light levels.
(5)
The digital LED display shall not have lighting that would compete
with or distract from traffic signal lighting.
(6)
Signs associated with electric vehicle charging stations shall have
a maximum sign area of 12 square feet and a maximum height of eight
feet tall.
(7)
Such signs shall not produce any audio.
[1]
Editor's Note: Summary Sign Charts 1 and 2 are included as attachments to this chapter.
General regulations applicable to all districts.
A.
Limit of one principal use. No more than one principal
use shall be permitted on a lot unless specifically permitted by this
chapter.
B.
Principal buildings.
(1)
If two or more principal buildings are located on a lot, each principal building shall conform to all requirements of this chapter as if each building were on a separate lot. The required land development plan shall comply with all the standards and improvements required by Chapter 205, Subdivision and Land Development.
(2)
Street frontage required and flag lots.
(a)
Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been ensured by the posting of a performance guaranty pursuant to Chapter 205, Subdivision and Land Development.
(b)
Flag lots (also known as "pole lots").
[1]
A flag lot, as illustrated in the Appendix,
is a lot that does not meet the minimum lot width requirement at the
minimum (front yard) building setback line and/or at the street line,
and which includes an elongated extension to connect the bulk of a
lot to a street.
[2]
The creation of an individual flag lot shall
be permitted by right, provided that all of the following conditions
are met:
[a]
The lot shall meet the minimum
lot width established in the applicable zoning district.
[Amended 6-1-1999 by Ord. No. 129-D-99]
[b]
The pole portion of the lot (which
is the portion that does not meet the minimum lot width at the minimum
building setback line) shall not exceed 400 feet in length as measured
from the street right-of-way, and the pole portion shall be part of
the lot (versus being an easement).
[c]
A maximum total of one flag lot may be created from each parent lot (see definition in § 240-6) that existed as a single and separate lot of record at the time of adoption of this chapter.
[d]
The applicant shall prove to the
satisfaction of the Township that the proposed driveway will have
adequate access for emergency vehicles.
[e]
The pole portion of the flag lot
shall maintain an absolute minimum lot width of 40 feet for its full
length.
[f]
All lots, including but not limited
to new and parent lots, shall meet the applicable minimum lot area
and building setbacks.
(c)
See Sketch G in the Appendix.
C.
Maximum height of buildings and structures.
[Amended 5-7-2002 by Ord. No. 129-K-02]
(1)
Unless specifically permitted, no building or structure
shall exceed the maximum height of buildings specified in this chapter,
except that the regulations shall not apply to church steeples which
are usually placed above the roof level and are not intended for human
occupancy.
(2)
Structures such as flagpoles, windmills, water towers and silos shall
be subject to and shall not exceed the maximum permitted building
height unless a special exception is granted by the Zoning Hearing
Board and the Board affirmatively finds that such structure is proposed,
designed, intended and limited in use only to such purpose. In such
case, the Board may approve such increased height as is proven by
the applicant to be warranted by the functional needs of the structure,
subject to such reasonable limitations and conditions as the Board
shall impose, provided that the height allowed by the Board shall
not exceed two times the permitted building height absent the Board's
granting of a variance and provided, further, that no structure shall
significantly impair solar access of adjacent buildings or solar collector
locations. This section shall not apply to solar energy systems.
[Amended 3-17-2015 by Ord. No. 129-D-2015]
D.
Lot and yard requirements and sight distance.
(1)
Lot area and yard requirements. The lot or yard requirements
for any new building or use shall not include any part of a lot that
is required by any other building or use to comply with the requirements
of this chapter. No required lot area or yard shall include any property,
the ownership of which has been transferred subsequent to the effective
date of this chapter if such property was a part of the area required
for compliance with the dimensional requirements applicable to the
lot from which such transfer was made.
(2)
Minimum lot area and lot area per dwelling unit. Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser area, except as may be permitted in Subsection D(4).
(3)
Minimum lot width. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than is specified in the appropriate zoning district except as may be permitted by Subsection D.
(4)
Exceptions to minimum lot areas and yards for nonconforming
lots. A building may be constructed on any lot which was lawful when
created and which, prior to the effective date of this chapter, was
in single and separate ownership duly recorded by plan or deed, provided
that the yard requirements are observed.
(5)
Spacing of nonresidential buildings on the same lot.
(a)
Where two or more nonresidential principal buildings
are proposed to be built on a lot in one ownership, each such building
shall be separated from another such building by at least twice the
minimum side yard requirement for each respective building in the
zoning district.
(b)
In the case of a building such as a shopping
center, an office center or other similar building where there is
a row of individual uses, this side yard requirement applies to the
building rather than to the individual uses.
(6)
Through lots. In the case of through lots, unless
the prevailing front yard pattern on adjoining lots indicates otherwise,
front yards shall be provided on all frontages.
(7)
Front and side yards of corner lots. On a corner lot,
the yard adjoining a side street shall equal the required front yard
for lots facing that street.
(8)
Front yard regulations. Where a minimum depth of a
front yard is specified in a district, an open space of at least the
specified depth shall be provided between the street line or lines
and the nearest point of any building or structure, except when permitted
elsewhere in this chapter.
(9)
Side and rear yard requirements. Where a minimum width
of side yard or depth of rear yard is specified, no building, structure
or tennis court shall be erected within the specified distance from
either side lot line or rear lot line, except when specifically permitted
elsewhere in this chapter.
(10)
Exception to the required yards. Subject to Subsection D(11), the district's yard requirements shall not apply to an arbor, open trellis, flagpole, unroofed steps, unroofed terrace, recreational or drying yard, awning or movable canopy which projects no more than 10 feet, or an open fire escape or unroofed porch which extends no more than six feet into any yard.
(11)
Sight distance at intersections. Whenever a
new street (public or private), accessway or driveway intersects a
public or arterial street, the applicant shall establish a clear sight
triangle that would provide sight distance meeting standards of PADOT,
as amended. Such PADOT standards shall be used regardless of whether
a state-owned or Township-owned street is involved. Vegetation and
other visual obstructions within this triangle shall be limited to
a height of not more than two feet above the center-line grade with
the exception of official postal mailboxes, sign posts and tree trunks
which shall be excluded from this two-foot minimum height requirement.
General performance standards applicable to
all districts.
A.
Nuisances prohibited. No land or structure in any
zoning district shall be used or occupied in any manner that creates
any dangerous, injurious, noxious or otherwise objectionable condition;
fire, explosive or other hazards; noise or vibration; smoke, dust,
odor or other form of air pollution; heat, electromagnetic or other
radiation or other condition in such a manner or in such amount as
to affect adversely the reasonable use or value of the surrounding
area or adjoining premises; or be dangerous to public health or safety.
B.
Performance standards procedure.
(1)
With the exception of residential uses, the applicant
for a zoning permit for any other principal or accessory use shall
include with such application an affidavit acknowledging his understanding
of the performance standards specified herein and applicable to such
use and affirming his agreement to conduct or operate such use at
all times in conformance with such standards.
(2)
Where the nature of the proposed use would make compliance
with the applicable standards questionable, the Zoning Officer may
require the applicant to submit plans of the proposed construction
and a description of the proposed machinery, operations, products
and specifications for the mechanisms and techniques to be used in
restricting the emission of any dangerous and objectionable elements
listed in this section; provided, however, that no applicant shall
be required to reveal the secret details of industrial or trade data
and may specify that the plans or other information submitted pursuant
to this section shall be treated as confidential matter.
E.
Outdoor storage.
(1)
No flammable or explosive liquids, solids or gases
shall be stored in bulk above the ground except for tanks or drums
of less than 600 gallons of fuel directly connecting with energy devices,
heating devices or appliances located and operated on the same lot
as the tanks or drums of fuel.
(2)
All outdoor storage facilities for fuel, raw materials and products stored outdoors, including those permitted in Subsection E(1) above, shall be enclosed by a fence of a type, construction and size as shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety, but also of screening, and the screening shall preferably be evergreens. All national Occupational Safety and Health Administration (OSHA) regulations shall be met.
(3)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transported off by natural
causes or forces, nor shall any substance which can contaminate groundwater
or surface water or otherwise render groundwater or surface water
undesirable as a source of water supply or recreation or which will
destroy aquatic life be allowed to enter any groundwater or surface
water. Applicable Department of Environmental Protection regulations
shall apply.
(4)
All materials or wastes which might cause fumes or
dust, which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects, shall be stored outdoors only if
enclosed in containers adequate to eliminate such hazards. Applicable
Department of Environmental Protection and national OSHA regulations
shall apply.
F.
Sewage treatment and disposal control. All methods
of sewage and waste treatment and disposal shall be approved by the
Pennsylvania Department of Environmental Protection and in accordance
with the sewage facilities plan for the Township.
G.
Dust, dirt, smoke, vapors, gases and odors.
(1)
All uses shall comply with all applicable state and
federal laws and regulations controlling air pollution, dust, smoke,
vapors, gases and odors.
(2)
No use shall generate dust, smoke, soot, glare or
odors that travel beyond the subject property, causing nuisances that
would be significantly offensive to reasonable persons of ordinary
sensitivities.
H.
Light and glare control.
(1)
All uses shall minimize the production of glare that
is perceptible beyond the property line of the lot on which the operation
is situated, through the use of shielding, luminaire reflectors or
other suitable measures, minimizing the intensity of lighting. No
more than 0.5 footcandle of light from lighting or signs shall fall
upon any residential lot between the hours of 9:00 p.m and 6:00 a.m.
(2)
No lighting shall shine onto a street in such a way
as to threaten to cause distractions or glare for passing motorists.
All light sources shall be directed or covered with a translucent
cover or other suitable measure to prevent the actual source of the
lighting (such as the filament of an incandescent bulb) from being
visible from another lot or a street.
I.
Electric, diesel, gas or other power. Every use requiring
power shall be so operated that any service lines, substation, etc.,
shall conform to the highest applicable safety requirements, shall
be constructed, installed, etc., so that they will be an integral
part of the architectural features of the plant, or if visible from
abutting residential properties, shall be concealed by evergreen planting.
J.
Control of radioactivity. Activities which may emit
radioactivity beyond enclosed areas shall comply with all applicable
regulations of the Pennsylvania Department of Environmental Protection
and the Federal Nuclear Regulatory Commission.
K.
Control of electrical emissions. No electrical disturbances
(except for routine domestic household appliances) shall be permitted
to adversely affect any equipment on another lot or within another
dwelling unit. (See applicable Federal Communications Commission regulations.)
Environmental protection requirements applicable
to all districts.
A.
Environmental preservation required. All uses shall
be developed in a manner consistent with the preservation of the quality
of the existing environment and of any natural amenities present on
the site. Such uses shall provide for the preservation and proper
management of natural drainage systems, minimizing of grading and
removal of attractive vegetation, preservation of substantial stands
of trees and forested areas, specimen trees and the preservation of
attractive views and any other natural features existing on the site.
B.
Filling, excavation and grading. All activities which require filling, excavation or grading shall comply with Chapter 131, Erosion and Sediment Control, as amended or superseded. All earthmoving activities shall comply with any officially submitted sedimentation and erosion control plan as a condition of a zoning permit.
C.
Steep slopes. The following provisions shall apply
if a new principal building(s) is proposed to be located upon any
area(s) with a natural slope of 15% or steeper at the time of adoption
of this chapter.
(1)
Definition of buildable area. This term shall mean
a land area required by this section to be shown on official development
plans that establishes the portion of a lot within which a principal
building can be constructed. The buildable area shall not include
areas within the required yards. The buildable area shall be contiguous
and generally regular in shape.
(2)
Residential development.
(a)
Each proposed lot intended for a single-family detached residential dwelling shall contain a buildable area [as defined in Subsection C(1)] containing not less than 5,000 square feet. This area shall have an average slope of 15% or less as measured in accordance with Subsection C(6). If this condition cannot be met, the applicant shall provide the information required under Subsection C(5)(d)[3] or the applicant may voluntarily limit the extent of the buildable area to avoid the steep slopes.
(b)
All lots shall be accessible and have access
from an existing or approved street by means of a driveway having
a maximum grade of 15% and a maximum grade of 4% within the right-of-way
or within 15 feet of the cartway (whichever is greater).
(c)
In the case of lots utilizing an on-site sewage
disposal system, in addition to such buildable area, there shall be
sufficient area for the primary sewage disposal field and an alternate
field, in accordance with applicable Township or Department of Environmental
Protection regulations. Prior to the lot being created, the applicant
shall provide evidence from a state-certified sewage enforcement officer
that such primary and alternate field sites will meet state regulations.
(d)
All natural vegetation shall be maintained on
all slopes of 15% or greater, unless the applicant submits a landscape
plan prepared by a landscape architect that provides for replacement
of existing vegetation. (See Sketch H in the Appendix.)
(3)
Nonresidential development.
(a)
Any new lot intended for a principal nonresidential building shall provide a buildable area at least equal to the projected horizontal area of the proposed principal building, plus the additional area required for parking in conformance with this chapter. This area shall have an average slope no greater than 10%, as measured in accordance with § 240-25C(6).
(b)
The building site shall be accessed from an
existing or approved street by means of an adequately and properly
designed driveway having a maximum grade of 10%, and a maximum grade
of 4% within the right-of-way or within 25 feet of the cartway (whichever
is greater).
(c)
In the case of lots utilizing an on-site sewage
disposal system, in addition to such buildable area, there shall be
sufficient area for the primary sewage disposal field and alternate
field, in accordance with applicable Township or Department of Environmental
Protection regulations. Prior to the lot being created, the applicant
shall provide evidence from a state-certified sewage enforcement officer
that such primary and alternate field sites will meet state regulations.
(4)
Development plans required. Building, grading and
landscaping plans shall be required for proposed developments located
in areas which have a slope in excess of 15%. The plans shall describe
methods to manage stormwater runoff and to prevent erosion and shall
state the entity or person responsible for such measures being carried
out. The slope provisions of this chapter shall be based upon natural
slopes that existed at the time of adoption of this chapter. The provisions
of this section shall not be circumvented by grading a site prior
to applying for a Township permit or approval.
(5)
Slopes in excess of 25%. The following are the only
principal uses permitted in areas where the natural grade of a slope
exceeds 25% over a contiguous area of greater than 500 square feet:
(a)
Parks and outdoor recreational uses so long
as their activities do not conflict with the use of the land as a
watershed.
(b)
Tree farming, forestry and other farm uses (if permitted by the applicable district regulations and subject to § 240-34) when conducted in conformance with the conservation practices that ensure adequate protection against soil erosion.
(c)
No principal building(s) other than a single-family
detached dwelling shall be constructed on an area of over 500 square
feet of 25% or greater natural slope.
(d)
A single-family detached dwelling or a portion
thereof may only be constructed on an area that includes over 500
square feet of 25% or greater natural slope if:
[1]
The building(s) is constructed in such a manner
which does not alter the existing grade and natural soil conditions.
[2]
The lot has a maximum impervious coverage of
5% and a minimum lot area of three acres.
[3]
The applicant supplies the following:
[a]
A site plan of the property, indicating
existing grades with contour lines at two-foot intervals and proposed
grades.
[b]
A landscaping plan, indicating
proposed paved areas, storm drainage facilities and ground cover,
as well as trees and ornamental shrub locations.
[c]
Architectural plans, elevations
and sections.
[d]
A statement prepared by an architect
or other qualified state-registered professional describing the building
methods to be used in overcoming foundation and other structural problems
created by slope conditions, preserving the natural watersheds and
preventing soil erosion.
(7)
Erosion control. The following requirements shall
apply when earthmoving occurs on slopes over 15%:
(a)
Stripping of vegetation, regrading or other
earthmoving shall be done in such a way that will minimize erosion.
The earthmoving performed shall keep cut and fill operations to a
minimum.
(b)
Wherever feasible, natural vegetation (other
than noxious weeds) shall be retained, protected and supplemented.
(c)
The disturbed land area and the duration of
exposure shall be kept to a practical minimum.
(d)
Temporary vegetation or mulching shall be used
to protect slopes over 15% and areas within 50 feet of a bank of a
waterway during the earthmoving process.
D.
Areas with high water table. No area which has a year-round
or seasonal high water table which comes to within four feet of the
ground surface may be used in such a way that directly by means of
effluent discharge into the ground or indirectly through the leaching
of stored materials could result in the pollution of the groundwater.
The determination of such hazards shall be made by the appropriate
state agency and/or by a qualified sanitary engineer, geologist or
soil scientist approved by the Board of Supervisors.
E.
Wetlands.
(1)
Studies. If the Zoning Officer, Planning Commission
or Township Engineer has reason to believe that a portion of a site
proposed to be altered may be a wetland under federal and/or state
regulations, then the Zoning Officer may require the applicant to
provide a study by a qualified wetlands scientist or wetlands ecologist
to delineate any wetlands on official plans submitted to the Township.
However, the Township does not accept responsibility for identifying
all wetlands or to warn parties of such possibilities.
(2)
Permits. All permits of the Township are issued on
the condition that the applicant, property-owners, developers and
builders comply with federal and state wetland regulations. Any such
permit may be revoked or suspended by the Zoning Officer until such
party proves compliance with those regulations.
(3)
Setbacks. No structure or part thereof shall be constructed
within 20 feet of areas identified as a wetland under federal or state
regulations. Such setback is intended to allow space for movement
of construction equipment.
[Amended 3-18-2003 by Ord. No. 129-D-03]
F.
Serpentine rock formations.
(1)
All serpentine rock formations must be identified
on the subdivision/land development plans.
(2)
No development of serpentine rock formations in these
areas will be allowed without proper federal and state permits.
(3)
Where serpentine rock formations have been identified,
the developer must have the area surveyed by a qualified botanist
to identify any rare or endangered plants. If found, this information
must be kept confidential and provided only to the Township and appropriate
federal or state authorities.
Flood-prone area regulations applicable to all
districts.
A.
Alluvial soils regulations.
(1)
Alluvial soil floodplain areas.
(a)
"Alluvial soils" are those areas shown on the
official Chester County Soil Survey as including soils identified
as alluvial soils on the Official Zoning Map. The alluvial soils areas
contain one or more of the soil types which are identified by the
Soil Survey for Chester County as alluvial or "soils of floodplains
that are subject to overflow" or a closely similar term.
(2)
Approval procedure. Where an applicant proposes any
grading or construction of a building or installation of a septic
system within alluvial soils areas or areas within 50 feet of alluvial
soils areas as shown on the Chester County Soil Survey and an accurate
detailed official floodplain study acceptable to the Zoning Officer
does not exist along that segment, then such areas shall be considered
as part of the one-hundred-year floodplain and regulated as such,
unless the applicant provides and funds a detailed on-site survey
to determine the exact extent of areas susceptible to a one-hundred-year
flood and the applicant then proves that any alteration or development
would meet the one-hundred-year floodplain regulations within the
areas determined to be within the one-hundred-year floodplain.
(a)
Such on-site survey shall be made by a professional
engineer or registered landscape architect who has demonstrated experience
in the hydrologic field and shall be completed in accordance with
accepted on-site survey techniques. The Zoning Officer may require
that such study distinguish the one-hundred-year floodway from the
one-hundred-year flood-fringe if necessary to determine compliance
with this chapter.
[Amended 3-18-2003 by Ord. No. 129-D-03]
(b)
The applicant shall fund reasonable costs to
have such study reviewed by the Township Engineer. The Zoning Officer
shall then accept or not accept such study based upon such professional
review.
B.
Floodplain regulations.
[Amended 3-18-2003 by Ord. No. 129-D-03; 9-19-2006 by Ord. No. 129-C-06; 7-11-2017 by Ord. No. 129-C-2017]
(1)
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Pursuant to such
authority and the authority granted by the Pennsylvania Municipalities
Planning Code,[2] the Board of Supervisors (the "Board") of East Goshen
Township (the "Township") adopts the following floodplain regulations.
(2)
General provisions.
(a)
Intent. The intent of § 240-26B, Floodplain regulations, is to:
[1]
Promote the general health, welfare, and safety of the community.
[2]
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
[3]
Minimize danger to public health by protecting the water supply
and natural drainage.
[4]
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
[5]
Comply with federal and state floodplain management requirements.
(b)
Applicability. It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within the identified floodplain
area within the Township unless a permit has been obtained from the
Floodplain Administrator.
(c)
Abrogation and greater restrictions. This Subsection B supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this Subsection B, the more restrictive shall apply.
(d)
Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this Subsection B is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Subsection B does not imply that areas outside any identified floodplain area, or that land uses permitted within such areas, will be free from flooding or flood damages. This Subsection B shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this Subsection B or any administrative decision lawfully made thereunder.
(3)
Administration.
(a)
Designation of the floodplain administrator.
[1]
The Township Zoning Officer is hereby appointed to administer and enforce this Subsection B and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
[a]
Fulfill the duties and responsibilities set forth
in these regulations;
[b]
Delegate duties and responsibilities set forth
in these regulations to qualified technical personnel, plan examiners,
inspectors, and other employees; or
[c]
Enter into a written agreement or written contract
with another agency or private sector entity to administer specific
provisions of these regulations. Administration of any part of these
regulations by another entity shall not relieve the community of its
responsibilities pursuant to the participation requirements of the
National Flood Insurance Program as set forth in the Code of Federal
Regulations at 44 CFR 59.22.
[2]
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Township
Manager.
(b)
Permits required. A permit shall be required before any construction
or development is undertaken within any identified floodplain area
of the Township.
(c)
Duties and responsibilities of the floodplain administrator.
[1]
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this Subsection B and all other applicable codes and ordinances.
[2]
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[3] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[4] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[5] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
[3]
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the proposed cost of improvements or repairs and the pre-improvement
market value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
[4]
In the case of existing structures, prior to the issuance of
any development permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any cumulative
substantial damage concerns can be addressed before the permit is
issued.
[5]
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
[6]
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Subsection B.
[7]
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
[8]
The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this Subsection B, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
[9]
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program as requested.
[10]
The responsibility, authority and means to implement
the commitments of the Floodplain Administrator can be delegated from
the person identified. However, the ultimate responsibility lies with
the person identified in the floodplain ordinance as the Floodplain
Administrator/Manager.
[11]
The Floodplain Administrator shall consider the
requirements of the 34 Pa.Code and the 2009 IBC and the 2009 IRC,
or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
(d)
Application procedures and requirements.
[1]
Application for a permit shall be made, in writing, to the Floodplain
Administrator on forms supplied by the Township. Such application
shall contain the following:
[a]
Name and address of applicant.
[b]
Name and address of owner of land on which proposed
construction is to occur.
[c]
Name and address of contractor.
[d]
Site location, including address.
[e]
Listing of other permits required.
[f]
Brief description of proposed work and estimated
cost, including a breakout of flood-related cost and the market value
of the building before the flood damage occurred, where appropriate.
[g]
A plan of the site showing the exact size and location
of the proposed construction as well as any existing buildings or
structures.
[2]
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
[a]
All such proposals are consistent with the need
to minimize flood damage and conform with the requirements of this
and all other applicable codes and ordinances;
[b]
All utilities and facilities, such as sewer, gas,
electrical and water systems, are located and constructed to minimize
or eliminate flood damage;
[c]
Adequate drainage is provided so as to reduce exposure
to flood hazards;
[d]
Structures will be anchored to prevent flotation,
collapse, or lateral movement;
[e]
Building materials are flood-resistant;
[f]
Appropriate practices that minimize flood damage
have been used; and
[g]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
[3]
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
[a]
A completed permit application form.
[b]
A plan of the entire site, clearly and legibly
drawn at a scale of one inch being equal to 100 feet or less, showing
the following:
[i]
North arrow, scale, and date;
[ii]
Topographic contour lines, if available;
[iii]
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
[iv]
The location of all existing streets, drives,
and other access ways; and
[v]
The location of any existing bodies of water or
watercourses, identified floodplain areas, and, if available, information
pertaining to the floodway, and the flow of water, including direction
and velocities.
[c]
Plans of all proposed buildings, structures and
other improvements, drawn at suitable scale showing the following:
[i]
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988;
[ii]
The elevation of the base flood;
[iii]
Supplemental information as may be necessary
under 34 Pa.Code, the 2009 IBC or the 2009 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania.
[d]
The following data and documentation:
[i]
Detailed information concerning any proposed floodproofing
measures and corresponding elevations.
[ii]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
[iii]
Documentation, certified by a registered professional
engineer or architect, to show that the cumulative effect of any proposed
development within any identified floodplain area, when combined with
all other existing and anticipated development, will not cause any
increase in the base flood elevation.
[iv]
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the base flood.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
[v]
Detailed information needed to determine compliance
with provisions herein related to provisions regulating storage and
development which may endanger human life, including:
[A]
The amount, location and purpose of any materials
or substances which are intended to be used, produced, stored or otherwise
maintained on site.
[B]
A description of the safeguards incorporated into
the design of the proposed structure to prevent leaks or spills of
the dangerous materials or substances during a base flood.
[vi]
The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
[vii]
Where any excavation or grading is proposed,
a plan meeting the requirements of the Department of Environmental
Protection to implement and maintain erosion and sedimentation control.
[4]
Applications for permits shall be accompanied by a fee, payable
to the municipality based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
(e)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., planning commission, municipal engineer, etc.) for review and
comment.
(f)
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
(g)
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard, or similar document, which shall be displayed
on the premises during the time construction is in progress. This
placard shall show the number of the permit, the date of its issuance,
and be signed by the Floodplain Administrator.
(h)
Start of construction.
[1]
Work on the proposed construction or development shall begin
within 180 days after the date of issuance of the development permit.
Work shall also be completed within 12 months after the date of issuance
of the permit or the permit shall expire, unless a time extension
is granted, in writing, by the Floodplain Administrator. The issuance
of development permit does not refer to the zoning approval.
[2]
The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
[3]
Time extensions shall be granted only if a written request is
submitted by the applicant, who sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
(i)
Enforcement and penalties. Any person who fails to comply with any or all of the requirements or provisions of this Subsection B, or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the Township, shall be subject to the administrative processes, enforcement action, fines and/or penalties as set forth within Article VIII, Administration and Enforcement, and the applicable sections of Article IX, General Provisions, of this chapter.
(j)
Appeals.
[1]
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this Subsection B may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.
(4)
Identification of floodplain areas.
(a)
Identification.
[1]
The identified floodplain area shall be:
[a]
Any areas of the Township classified as Special
Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs) dated September
29, 2017, and issued by the Federal Emergency Management Agency (FEMA)
or the most recent revision thereof, including all digital data developed
as part of the Flood Insurance Study.
(b)
Description and Special Requirements of identified floodplain
areas. The identified floodplain area shall consist of the following
specific areas:
[1]
The floodway area shall be those areas identified in the FIS
and the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those Special Flood Hazard Areas where no floodway
has been identified in the FIS and FIRM.
[a]
Within any floodway area, no encroachments, including
fill, new construction, substantial improvements, or other development,
shall be permitted unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
[b]
Within any floodway area, no new construction or
development shall be allowed unless the appropriate permit is obtained
from the Department of Environmental Protection Regional Office.
[2]
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
[a]
The AE Area adjacent to the floodway shall be those
areas identified as an AE Zone on the FIRM included in the FIS prepared
by FEMA for which base flood elevations have been provided and a floodway
has been delineated.
[b]
AE Area without floodway shall be those areas identified
as an AE zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided but no floodway has
been determined.
[i]
No encroachments, including fill, new construction,
substantial improvements, or other development, shall be permitted
in an AE Zone without floodway unless it has been demonstrated through
hydrologic and hydraulic analysis performed in accordance with standard
engineering practice that the proposed development, together with
all other existing and anticipated development, would not result in
an increase in flood levels within the entire community during the
occurrence of the base flood discharge.
[ii]
No new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
[3]
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
[4]
The AO and AH Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
[5]
In lieu of the various methods and calculations set forth above,
the Township may require the applicant to determine the elevation
with hydrologic and hydraulic engineering techniques. Hydrologic and
hydraulic analyses shall be undertaken only by professional engineers
or others of demonstrated qualifications, who shall certify that the
technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough technical review by the Township.
In the absence of any of the above data or documentation, the Township
may require elevation of the lowest floor to be at least three feet
above the highest adjacent grade.
(c)
Changes in identification of area. The identified floodplain
area may be revised or modified by the Board where studies or information
provided by a qualified agency or person documents the need for such
revision. However, prior to any such change to the Special Flood Hazard
Area, approval must be obtained from FEMA. Additionally, as soon as
practicable, but not later than six months after the date such information
becomes available, the Township shall notify FEMA of the changes to
the Special Flood Hazard Area by submitting technical or scientific
data.
(d)
Boundary disputes. Should a dispute concerning any identified
floodplain boundary arise, an initial determination shall be made
by the Township and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
(e)
Jurisdictional boundary changes. Prior to development occurring
in areas where annexation or other corporate boundary changes are
proposed or have occurred, the Township shall review flood hazard
data affecting the lands subject to boundary changes. The Township
shall adopt and enforce floodplain regulations in areas subject to
annexation or corporate boundary changes which meet or exceed those
in 44 CFR 60.3.
(5)
Technical provisions.
(a)
General.
[1]
Alteration or relocation of watercourse.
[a]
No encroachment, alteration, or improvement of
any kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the municipality
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection's regional office.
[b]
No encroachment, alteration, or improvement of
any kind shall be made to any watercourse unless it can be shown that
the activity will not reduce or impede the flood-carrying capacity
of the watercourse in any way.
[c]
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
[2]
When the Township proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or any development occurring in Zones A1-30 and Zone
AE without a designated floodway, which will cause a rise of more
than one foot in the base flood elevation; or alteration or relocation
of a stream (including, but not limited to, installing culverts and
bridges), the applicant shall (as per 44 CFR 65.12):
[a]
Apply to FEMA for conditional approval of such
action prior to permitting the encroachments to occur.
[i]
Upon receipt of the FEMA Administrator's conditional
approval of map change and prior to approving the proposed encroachments,
a community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
[ii]
Upon completion of the proposed encroachments,
the applicant shall provide as-built certifications. FEMA will initiate
a final map revision upon receipt of such certifications in accordance
with 44 CFR 67.
[4]
Within any identified floodplain area, no new construction or
development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse.
[5]
Uses permitted. The following uses are permitted within the
identified floodplain area, provided that they are conducted in accordance
with the Clean Streams Law of Pennsylvania, Act 347 of 1937, as amended,[8] the Rules and Regulations of the Pennsylvania Department
of Environmental Protection, all other applicable provisions of this
chapter, and other local, state and federal regulations:
[a]
Customary agricultural operations.
[b]
Parks, playgrounds and recreational uses.
[c]
Forestry and wood production, excluding storage
and mill structures.
[d]
Outdoor plant nurseries.
[8]
Editor's Note: See 35 P.S. § 691.1 et seq.
(b)
Elevation and floodproofing requirements. Within any identified
floodplain area any new construction or substantial improvements shall
be prohibited, with the exception of permitted uses, as set forth
above. If a permit or variance is obtained for new construction or
substantial improvements in the identified floodplain area in accordance
with required criteria, then the following provisions apply:
[1]
Residential structures.
[a]
In AE, A1-30, and AH Zones, any new construction
or substantial improvement shall have the lowest floor (including
basement) elevated up to, or above, the regulatory flood elevation.
[b]
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with this Subsection B.
[c]
In AO Zones, any new construction or substantial
improvement shall have the lowest floor (including the basement) at
or above the highest adjacent grade at least as high as the depth
number specified on the FIRM.
[d]
The design and construction standards and specifications
contained in the 2009 International Building Code (IBC) and in the
2009 International Residential Code (IRC), or the latest edition thereof
adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa.Code
(Chapters 401-405, as amended) shall be utilized, where they are more
restrictive.
[2]
Nonresidential structures.
[a]
In AE, A1-30 and AH Zones, any new construction
or substantial improvement of a nonresidential structure shall have
the lowest floor (including the basement) elevated up to, or above,
the regulatory flood elevation, or be designed and constructed so
that the space enclosed below the regulatory flood elevation:
[b]
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including the basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with this Subsection B.
[c]
In AO Zones, any new construction or substantial
improvement shall have its lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
[d]
Any nonresidential structure, or part thereof,
made watertight below the regulatory flood elevation shall be floodproofed
in accordance with the W1 or W2 space classification standards contained
in the publication entitled "Flood-Proofing Regulations" published
by the United States Army Corps of Engineers (June 1972, as amended
March 1992) or with some other equivalent standard. All plans and
specifications for such floodproofing shall be accompanied by a statement
certified by a registered professional engineer or architect which
states that the proposed design and methods of construction are in
conformance with the above-referenced standards. There should be a
statement submitted with the permit application and a statement submitted
with the as-built floodproofing certificate prior to the issuance
of the certificate of occupancy.
[e]
Any nonresidential structure that will be floodproofed
must submit the following to the Floodplain Administrator along with
the nonresidential floodproofing certificate and prior to the issuance
of the certificate of occupancy:
[i]
An inspection and maintenance plan detailing the
annual maintenance of floodproofed components ensuring that all components
will operate properly under flood conditions. Components that must
be inspected include, at a minimum:
[ii]
A flood emergency operation plan detailing the
procedures to be followed during a flooding event and must include
information pertaining to how all components will operate properly
under all conditions, including power failures. The design professional
must produce the plan. An adequate plan must include the following:
[A]
An established chain of command and responsibility
with leadership responsibilities clearly defined for all aspects of
the plan.
[B]
A procedure for notification of necessary parties
when flooding threatens and flood warnings are issued. Personnel required
to be at the building should have a planned and safe means of ingress
and should have no other emergency response duties during a flood
event. Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan.
[C]
A list of specific duties assigned to ensure that
all responsibilities are addressed expeditiously. The locations of
materials necessary to properly install all floodproofing components
must be included in the list.
[D]
An evacuation plan for all personnel or occupants,
those without duties for the flood emergency as well as those with
duties for implementing the plan. All possible ingress and egress
routes must be identified.
[E]
A periodic training and exercise program to keep
personnel and occupants aware of their duties and responsibilities.
Training drills should be held at least once a year and should be
coordinated with community officials.
[f]
The design and construction standards and specifications
contained in the 2009 International Building Code (IBC) and in the
2009 International Residential Code (IRC), or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24
and 34 Pa.Code (Chapters 401-405, as amended) shall be utilized, where
they are more restrictive.
[3]
Space below the lowest floor.
[a]
Fully enclosed space below the lowest floor (excluding
basements) which will be used solely for the parking of a vehicle,
building access, or incidental storage in an area other than a basement
shall be designed and constructed to allow for the automatic entry
and exit of floodwaters for the purpose of equalizing hydrostatic
forces on exterior walls. The term "fully enclosed space" also includes
crawl spaces.
[b]
Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
[i]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space installed on two separate walls.
[ii]
The bottom of all openings shall be no higher
than one foot above grade.
[iii]
Openings may be equipped with screens, louvers,
or other coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
[4]
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a "substantial improvement" as defined in this Subsection B, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
[5]
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
[a]
The structure shall not be designed or used for
human habitation, but shall be limited to the parking of vehicles,
or to the storage of tools, material, and equipment related to the
principal use or activity.
[b]
Floor area shall not exceed 200 square feet.
[c]
The structure will have a low damage potential.
[d]
The structure will be located on the site so as
to cause the least obstruction to the flow of floodwaters.
[e]
Power lines, wiring, and outlets will be elevated
to the regulatory flood elevation.
[f]
Permanently affixed utility equipment and appliances
such as furnaces, heaters, washers, dryers, etc., are prohibited.
[g]
Sanitary facilities are prohibited.
[h]
The structure shall be adequately anchored to prevent
flotation, collapse, and lateral movement and shall be designed to
automatically provide for the entry and exit of floodwater for the
purpose of equalizing hydrostatic forces on the walls. Designs for
meeting this requirement must either be certified by a registered
professional engineer or architect, or meet or exceed the following
minimum criteria:
[i]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[ii]
The bottom of all openings shall be no higher
than one foot above grade.
[iii]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices provided that they permit the
automatic entry and exit of floodwaters.
[i]
For accessory structures that exceed 200 square
feet in area (footprint) and that are below the base flood elevation,
a variance is required. If a variance is granted, a signed declaration
of land restriction (nonconversion agreement) shall be recorded on
the property deed prior to issuance of the certificate of occupancy.
[j]
Prohibit the storage of hazardous materials in
accessory structures.
(c)
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
[1]
Fill. Within any identified floodplain area, the use of fill
shall be prohibited. No variance shall be granted.
[2]
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
[3]
Water and sanitary sewer facilities and systems.
[a]
All new or replacement water supply and sanitary
sewer facilities and systems shall be located, designed and constructed
to minimize or eliminate flood damages and the infiltration of floodwaters.
[b]
Sanitary sewer facilities and systems shall be
designed to prevent the discharge of untreated sewage into floodwaters.
[c]
No part of any on-site waste disposal system shall
be located within any identified floodplain area except in strict
compliance with all state and local regulations for such systems.
If any such system is permitted, it shall be located so as to avoid
impairment to it, or contamination from it, during a flood.
[d]
The design and construction provisions of the UCC
and FEMA No. 348, "Protecting Building Utilities From Flood Damages"
and "The International Private Sewage Disposal Code" shall be utilized.
[4]
Other utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
[5]
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
[6]
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed under § 240-26B(5)(d), Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
[7]
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
[8]
Anchoring.
[a]
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse, or lateral movement.
[b]
All air ducts, large pipes, storage tanks, and
other similar objects or components located below the regulatory flood
elevation shall be securely anchored or affixed to prevent flotation.
[9]
Floors, walls and ceilings.
[a]
Wood flooring used at or below the regulatory flood
elevation shall be installed to accommodate a lateral expansion of
the flooring perpendicular to the flooring grain without causing structural
damage to the building.
[b]
Plywood used at or below the regulatory flood elevation
shall be of a marine or water-resistant variety.
[c]
Walls and ceilings at or below the regulatory flood
elevation shall be designed and constructed of materials that are
water-resistant and will withstand inundation.
[d]
Windows, doors, and other components at or below
the regulatory flood elevation shall be made of metal or other water-resistant
material.
[10]
Paints and adhesives.
[a]
Paints and other finishes used at or below the
regulatory flood elevation shall be of marine or water-resistant quality.
[b]
Adhesives used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[c]
All wooden components (doors, trim, cabinets, etc.)
used at or below the regulatory flood elevation shall be finished
with a marine or water-resistant paint or other finishing material.
[12]
Equipment.
[a]
Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral movement.
[b]
Ductwork shall be elevated to or above the regulatory
flood elevation or floodproofed to remain water-resistant.
[13]
Fuel supply systems. All gas and oil supply systems
shall be designed to prevent the infiltration of floodwaters into
the system and discharges from the system into floodwaters. Additional
provisions shall be made for the drainage of these systems in the
event that floodwater infiltration occurs.
[14]
Uniform Construction Code coordination. The standards and specifications contained in 34 Pa.Code (Chapters 401-405), as amended and not limited to the following provisions, shall apply to the above and other sections and subsections of this Subsection B, to the extent that they are more restrictive and supplement the requirements of this Subsection B:
[a]
International Building Code (IBC) 2009, or the
latest revision thereof as adopted by the Commonwealth of Pennsylvania:
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
[b]
International Residential Building Code (IRC) 2009,
or the latest revision thereof, as adopted by the Commonwealth of
Pennsylvania: Sections R104, R105, R109, R322, Appendix E, and Appendix
J.
(d)
Development which may endanger human life. Within any identified
floodplain area, any structure of the kind described below shall be
prohibited. If a variance is obtained in accordance with the required
criteria, then the following provisions apply:
[1]
In accordance with the Pennsylvania Flood Plain Management Act
and the regulations adopted by the Department of Community and Economic
Development, as required by the Act, any new or substantially improved
structure which: will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances; shall be
subject to the provisions of this section, in addition to all other
applicable provisions. The following list of materials and substances
are considered dangerous to human life:
[a]
Acetone.
[b]
Ammonia.
[c]
Benzene.
[d]
Calcium carbide.
[e]
Carbon disulfide.
[f]
Celluloid.
[g]
Chlorine.
[h]
Hydrochloric acid.
[i]
Hydrocyanic acid.
[j]
Magnesium.
[k]
Nitric acid and oxides of nitrogen.
[l]
Petroleum products (gasoline, fuel oil, etc.).
[m]
Phosphorus.
[n]
Potassium.
[o]
Sodium.
[p]
Sulphur and sulphur products.
[q]
Pesticides (including insecticides, fungicides,
and rodenticides).
[r]
Radioactive substances, insofar as such substances
are not otherwise regulated.
[2]
Within any identified floodplain area, any new or substantially
improved structure of the kind described above shall be prohibited
within the area measured 50 feet landward from the top-of-bank of
any watercourse.
[3]
Within any floodway area, any structure of the kind described above shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with § 240-26B(5), Technical provisions.
[4]
Where permitted within any identified floodplain area, any new
or substantially improved nonresidential structure of the kind described
above shall be built in accordance with the technical provisions set
forth in the immediately preceding sections above, including the following
requirements:
[a]
Elevated, or designed and constructed to remain
completely dry up to at least 1 1/2 feet above base flood elevation;
and
[b]
Designed to prevent pollution from the structure
or activity during the course of a base flood.
|
Any such structure, or part thereof, that will be built below
the regulatory flood elevation shall be designed and constructed in
accordance with the standards for completely dry floodproofing contained
in the publication "Flood-Proofing Regulations (United States Army
Corps of Engineers, June 1972 as amended March 1992), or with some
other equivalent watertight standard.
|
(e)
Special requirements for subdivisions and development. All subdivision
proposals and development proposals containing at least 50 lots or
at least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available, shall be
supported by hydrologic and hydraulic engineering analyses that determine
base flood elevations and floodway information. The analyses shall
be prepared by a licensed professional engineer in a format required
by FEMA for a conditional letter of map revision (CLOMR) and letter
of map revision (LOMR). Submittal requirements and processing fees
shall be the responsibility of the applicant.
(f)
Special requirements for manufactured homes. Within any identified
floodplain area, manufactured homes shall be prohibited. If a variance
is obtained in accordance with the require criteria, then the following
provisions apply:
[1]
Within any identified floodplain area, manufactured homes shall
be prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
[2]
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
[3]
Equipment requirement:
[a]
Water heaters, furnaces, air-conditioning and ventilating
units, and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral improvement.
[b]
Ductwork shall be elevated to or above the regulatory
flood elevation or floodproofed to remain water-resistant.
[4]
Installation of manufactured homes shall be done in accordance
with the manufacturers' installation instructions, as provided by
the manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 "International Residential
Building Code" or the "U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto, and 34 Pa. Code Chapters 401-405 shall
apply.
[5]
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the latest revision thereto as
adopted by the Commonwealth of Pennsylvania, and 34 Pa.Code, as amended,
where appropriate and/or applicable to units where the manufacturers'
standards for anchoring cannot be provided or were not established
for the proposed unit's(units') installation.
(g)
Special requirements for recreational vehicles. Within any identified
floodplain area, recreational vehicles shall be prohibited. If a variance
is obtained in accordance with the required criteria, then the following
provisions apply:
(6)
Prohibited activities.
(a)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[9] the following activities shall be prohibited within any
identified floodplain area:
[2]
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[9]
Editor's Note: See 32 P.S. § 679.101 et seq.
(7)
Existing structures in identified floodplain areas.
(a)
Existing structures. The provisions of this Subsection B do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the following provisions regarding improvements shall apply.
(b)
Improvements. The following provisions shall apply whenever
any improvement is made to an existing structure located within any
identified floodplain area:
[1]
No expansion or enlargement of an existing structure shall be
allowed within any identified floodplain area that would cause any
increase in BFE.
[2]
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Subsection B.
[3]
The above activity shall also address the requirements of the
34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC, or most
recent revision thereof as adopted by the Commonwealth of Pennsylvania.
[4]
Within any Floodway Area/District, no new construction or development
shall be allowed unless the appropriate permit is obtained from the
Department of Environmental Protection's regional office.
[5]
Within any AE Area/District without floodway, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse unless the appropriate permit
is obtained from the Department of Environmental Protection's regional
office.
(8)
Variances.
(a)
General. If compliance with any of the requirements of this Subsection B would result in an exceptional hardship to a prospective builder, developer or landowner, the Township Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
(b)
Variance procedures and conditions.
[1]
No variance shall be granted within any identified floodplain
area that would cause any increase in BFE. Additionally, no variance
shall be granted for a proposed accessory structure that exceeds 600
square feet in size. If a variance is granted for a proposed accessory
structure that is in excess of 200 square feet (but which is not allowed
to exceed 600 square feet), a signed nonconversion agreement is required
as a condition of receiving the variance.
[Amended 9-19-2017 by Ord. No. 129-D-2017]
[2]
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
(9)
Definitions.
(b)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
CUMULATIVE SUBSTANTIAL DAMAGE
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
[1]
[2]
[3]
[4]
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
[1]
[2]
[3]
[4]
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Specific definitions. As used in this section, the following
terms shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent-chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
of the "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent-or-greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
Flood-related damages sustained by a structure on two or
more separate occasions during a ten-year period for which the cost
of repairs at the time of each such flood event, on average, equals
or exceeds 25% of the market value of the structure before the damages
occurred.
A form signed by the property owner to agree not to convert
or modify in any manner that is inconsistent with the terms of the
permit and these regulations certain enclosures below the lowest floor
of elevated buildings and certain accessory structures. The form requires
the owner to record it on the property deed to inform future owners
of the restrictions.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or lowland area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
This term is an umbrella term that includes all of the areas
within which the community has selected to enforce floodplain regulations.
It will always include the area identified as the Special Flood Hazard
Area on the Flood Insurance Rate Maps and Flood Insurance Study, but
may include additional areas identified by the community.
The lowest floor of the lowest fully enclosed area (including the basement). An unfinished, flood-resistant, partially enclosed area used solely for parking of vehicles, building access, and incidental storage in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this Subsection B.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after July 5, 1977, and before the effective start date of this Subsection B is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated July 5, 1977, whichever is later,
and, as such, would be required to be compliant with the regulations
of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated July 5, 1977, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet. The freeboard safety factor also applies to utilities
and ductwork.
An area in the floodplain subject to a one-percent-or-greater-chance
of flooding in any given year. It is shown on the FIRM as Zone A,
AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the "actual
start of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or 50% or more of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage"
or "cumulative substantial damage" regardless of the actual repair
work performed. The term does not, however, include any project for
improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
A.
Establishment of future rights-of-way widths for streets.
(1)
Minimum widths. Minimum rights-of-way widths as specified in Subsection A(3) shall be provided for all new streets.
(2)
Street classifications. Streets are classified as
follows:
(a)
Expressway. Serves inter-regional and through
trips with access limited to interchanges.
(b)
Arterial street/highway. Serves moderate-to-long-distance
travel with moderate to very high traffic volumes.
(c)
Collector street. Serves short-to-moderate-distance
travel at speeds usually averaging 40 mile per hour to 45 miles per
hour and typically intended for 2,000 to 10,000 trips per day. These
streets serve a mix of intra-regional, intermunicipal and intramunicipal
trips.
(d)
Minor or local street. Primarily serves local
access for very short-distance travel with typical speeds of 15 miles
per hour to 25 miles per hour and with average daily traffic typically
of less than 2,000 trips per day.
(3)
Minimum widths.
(a)
Minimum future street rights-of-way are as follows:
|
Street Classification
|
Minimum Future Right-of-Way
(feet)
| |
|---|---|---|
|
Arterial highway
|
100*
| |
|
Collector street
|
80
| |
|
Minor or local street
|
50**
| |
|
*Unless another width is established by the
Board of Supervisors after seeking comment from the County Planning
Commission and the Pennsylvania Department of Transportation.
| ||
|
**The Board of Supervisors, considering comments
of the Planning Commission, may require additional rights-of-way to
promote public safety and convenience and/or to provide for parking
in commercial and industrial areas and in areas of high density residential
development.
| ||
(b)
Minor or local streets. The right-of-way width
for minor residential streets and cul-de-sac streets serving properties
of an acre or more may be reduced to 40 feet by the Board of Supervisors.
In exercising its discretion to reduce the right-of-way width, the
Board of Supervisors shall apply those standards set forth in the
Municipalities Planning Code, including but not limited to ensuring
that streets in and bordering a subdivision or land development shall
be coordinated and be of such widths necessary to accommodate prospective
traffic, facilitate fire protection and provide adequate easements
or right-of-way for drainage and utilities.
(4)
Yard requirements for new lots on existing streets. For all new lots that abut an existing street which has a right-of-way less than that specified in Subsection A(3), the front and/or side street yard requirements shall be increased by the difference between the existing right-of-way and the right-of-way specified in Subsection A(3). It is the intention of this requirement to provide for a reasonable setback to accommodate the potential widening of the existing street.
(5)
Dedication of future right-of-way. When it is determined
that any existing street must be widened to provide land necessary
for the installation and construction of improvements, including but
not limited to acceleration and/or deceleration vehicular traffic
lanes, sidewalks, utilities and/or similar facilities necessary to
serve a subdivision or land development and required to be installed
by the developer in connection therewith, the developer/landowner
shall offer such land and improvements installed and constructed therein
for dedication to the Township at no cost or expense to the Township.
Provided, however, that nothing in this chapter shall otherwise require
the forced dedication of land for additional street rights-of-way
for future street widening. Provided, further, that nothing specified
herein shall preclude the landowner from offering such land for dedication
to the Township or other governmental entity.
(6)
Existing streets shall be classified as follows based
upon the West Chester Regional Planning Commission's 1994 Functional
Classification Study:
B.
Frontage development along arterial highways and collector
streets. To encourage the sound development of frontage along arterial
highways and collector streets and to minimize traffic congestion
and hazard, the following special provisions shall apply:
(1)
Off-street parking and loading.
(a)
All areas for off-street parking, off-street
loading and unloading and the storage or movement of motor vehicles
shall be physically separated from the highway or street by a raised
curb, planting strip, wall or other suitable barrier against unchanneled
motor vehicle entrance or exit, except for necessary accessways or
access roads which supply entrance to and egress from such parking,
loading or storage area.
(b)
All parking areas or lots shall be designed
to prohibit vehicles from backing out on the street, and the capacity
of each lot shall provide adequate storage area and distribution facilities
upon the lot to prevent backup of vehicles on a public street while
awaiting entry to the lot.
(c)
Parking shall be located along the side and
rear of the principal use which it serves.
(2)
Access.
(a)
Each use with less than 100 feet of frontage
on an arterial highway or collector street shall have not more than
one accessway to each such street, and no business or other use with
100 feet or more of frontage on an arterial highway or collector street
shall have more than two accessways to any one street for each 300
feet of frontage.
(b)
Where practical in the determination of the
Board of Supervisors, access to parking areas shall be provided by
a common driveway in order to avoid direct access to an arterial highway
or collector street. A common access point for two or more uses is
required wherever the Board of Supervisors determines it would be
practical to minimize vehicular access points on arterial highways
and collector streets.
(3)
Large developments. This Subsection B(3) shall apply to each of the following types of development: 25 or more dwelling units, a shopping center of 25,000 square feet or greater floor area, any business or industrial park or subdivision of 20 or more acres and/or in any other case where the Board of Supervisors determines such provisions would be practical.
(a)
All buildings shall have vehicle access upon
a minor street, service road, common parking lot or similar area,
and not directly upon an arterial highway or collector street.
(b)
All points of vehicular access to and from a
public street shall not be located less than 200 feet from the intersection
of any public street lines with each other. A point of vehicular access,
which converts a T-intersection into an intersection of two streets
which cross one another shall be permitted.
(c)
Provisions shall be made for safe and efficient
ingress and egress to and from public streets and highways serving
the unified development, without undue congestion to or interference
with normal traffic flow within the Township.
(d)
All streets and accessways shall conform to the specifications determined by the Township Engineer and the requirements of Chapter 205, Subdivision and Land Development. Provisions shall be made for adequate signalization, turn, standby and deceleration lanes and similar facilities where desirable.
(e)
Two or more points of vehicular access to and
from public streets serving any large development shall be provided.
The internal layout of parking and the distribution of internal circulation
shall be designed to minimize adverse effects on external traffic
flow, increase vehicular access capacity to and from the lot, permit
traffic flow when one entrance is blocked and enhance safety.
(4)
Reverse frontage encouraged. Direct vehicular access
shall be strongly discouraged onto any arterial highway or collector
street. Reverse frontage is encouraged along these types of highways
and streets.
C.
Design and landscaping controls for all uses within
commercial, industrial and BP Districts and for townhouses, apartments
and mobile home parks.
(1)
Landscaping.
(a)
Any part or portion of the site which is not
used for buildings, structures, loading or parking spaces and aisles,
sidewalks and designated storage areas shall be planted with an all-season
vegetative cover and shall be landscaped with trees and shrubs in
accordance with an overall landscape plan.
(b)
To facilitate the processing of subdivision,
land development and other site plans, a plant schedule shall be prepared,
giving the botanical and common names of plants to be used, the sizes
to be planted, the quantity of each and spacing.
(c)
A minimum of 5% of a parking area shall be landscaped
and continually maintained as such. Planting along the perimeter of
a parking area, whether for required screening or for general beautification,
will not be considered as part of the 5% minimum parking area landscaping.
(d)
In complying with the 5% landscaping requirements,
the planting beds must be distributed throughout the parking areas
as evenly as possible.
(e)
The site plan must show a satisfactory method
of irrigating all planted areas. This may be either by a permanent
water system or by hose. Considerations in laying out these systems
should be meter water pressure, pipe size and length and type of heads.
(f)
Existing trees that are four inches or larger
in caliper shall be marked and, if possible, preserved or transplanted.
(2)
Buffer yards. Buffer yards are required to be provided
as part of any new or expanded development of a principal commercial
use, principal industrial use, townhouse development or apartment
development along any lot line that would be contiguous to lot(s)
within a residential district. Also, any outside industrial storage
area visible from a lot in a residential district shall be separated
by a buffer yard from such lot. All buffer yards shall comply with
the following:
(a)
The buffer yard shall be measured from the applicable
district boundary line or lot line. Where a street separates the lots,
then the buffer yard shall be measured from the street line. Areas
within a street right-of-way shall not count towards the minimum width
of a buffer yard.
(b)
Width.
[Amended 11-16-1999 by Ord. No. 129-I-99]
[1]
A fifty-foot-wide buffer yard shall be required,
except that the minimum buffer yard width shall be increased to 100
feet for buildings constructed after the effective date of the adoption
of this chapter in the I-1 or BP District when the lot abuts a residential
district.
[2]
The minimum buffer yard width shall be increased
to 100 feet where a I-1 or BP District abuts any residential district
whenever a new lot is created or an existing principal building is
expanded by more than 10,000 square feet in total floor area.
[3]
When approved as a conditional use, the Board of Supervisors may permit a reduction of the one-hundred-foot minimum buffer yard mandated by this § 240-27C(2) to a width of not less than 50 feet if the abutting property in any residential district is either improved with either a school, a place of worship or religious institution or is developed or approved for development as a commercial area of a planned residential development and the Board of Supervisors determines that such reduction shall not constitute or result in a violation of any other applicable design standard of the Zoning Ordinance.
(c)
The buffer yard may overlap or be within a required
side or rear yard. In case of conflict, the larger yard requirement
shall apply.
(d)
In all buffer yards, the exterior width beyond the planting screen, as described in Subsection C(3), shall be planted with grass seed, sod or other attractive vegetative ground cover and shall be maintained and kept clear of all debris, rubbish, noxious weeds and grass over 12 inches high.
(e)
The buffer yard shall be a landscaped area free
of structures, materials and vehicular parking. No driveways or streets
shall be permitted in the buffer yards, except for approximately perpendicular
crossings necessary for ingress or egress.
(3)
Plant screening.
(a)
Landscaped plant screening shall be provided
in each buffer yard. This screening shall be composed of mostly evergreen
shrubs and trees arranged to form both a low-level and a high-level
screen.
(b)
The high-level screen shall consist of a combination
of evergreen and deciduous trees planted with specimens no less than
eight feet in height. The low-level screen shall consist of evergreen
shrubs or hedges planted at an initial height of not less than three
feet and spaced at intervals of not more than five feet. The planting
shall be placed in alternating rows to produce a more effective barrier
and to provide space for future growth.
(c)
The landowner and his/her successors shall maintain
the screen planting and replace any plant material which does not
live and which is necessary to form a complete visual screen.
(4)
Storage and loading.
(a)
All outdoor storage or truck loading areas shall
be completely screened from view from any adjacent public street right-of-way
and any residential district which is contiguous to or across the
street from the storage or loading areas.
(b)
All organic rubbish or storage shall be contained
in airtight, vermin-proof containers which shall be screened from
view from any public right-of-way or abutting residential district.
(c)
Screening shall consist of architectural screening
with evergreen plantings meeting the requirements for screening within
a buffer yard, except that the Township may approve an architectural
screen between six feet and 10 feet in height with evergreen plantings
if the applicant proves that such screen would meet the same purposes
as the plant screening, be attractive and be durably constructed.
(d)
The storage of trailers, tractor-trailers or
tractor-trailer combinations for more than three consecutive days
within view of a public street or dwelling shall be prohibited.
(5)
Access and traffic control.
(a)
All entranceways to any public street shall
be located at least 200 feet from the intersection of any street center
lines and shall be designed in a manner conducive to safe ingress
and egress.
(b)
Where practical, exits shall be located on less-heavily
traveled streets.
(c)
The developer shall be responsible to install
and pay for any traffic control devices, widening of abutting streets
or construction of acceleration/deceleration lanes or other improvements
required by PADOT or determined by the Board of Supervisors to be
necessary for the reasonable ingress and egress to the development.
(d)
All improvements shall meet PADOT standards.
(6)
Interior circulation.
(a)
Interior drives and drive-through lanes shall
be designed so as to prevent blockage of vehicles entering or leaving
the site. Drives may be one-way or two-way, with any one-way drives
being clearly marked.
(b)
Except as otherwise provided in this chapter,
areas provided for loading and unloading of delivery trucks and other
vehicles and for the servicing of shops by refuse collection, fuel
and other service vehicles shall be adequate in size and shall be
so arranged that they may be used without blockage or interference
with the use of accessways or automobile parking facilities.
(7)
Lighting.
(a)
The parking, loading, ingress and egress areas
of any zoning district shall be provided with sufficient lighting
for security purposes.
(b)
All lighting shall be completely shielded and/or
covered by an appropriate translucent cover to prevent the light source
from being directly visible from streets and dwellings.
(8)
Shopping cart storage. Any establishment which furnishes
carts or mobile baskets as an adjunct to shopping shall provide semienclosed
areas within parking areas for the storage of said carts. Each storage
area shall be clearly marked for the storage of shopping carts.
D.
Design and landscaping controls for residential districts.
(1)
Landscaping. Any residential subdivision or land development shall give careful attention to providing attractive landscaping. The developer shall submit an overall landscape plan for all subdivisions or land developments. The landscape plan shall be prepared in accordance with Chapter 205, Subdivision and Land Development.
(2)
Access and traffic control.
(a)
All streets and driveways entering onto any
public street shall be located at least 60 feet from the intersection
of any street center line and shall be designed in a manner conducive
to safe ingress and egress. Where practical, exits shall be located
on less heavily traveled streets (such as minor streets rather than
arterial or collector streets).
(b)
The developer shall be responsible to install
and pay for any traffic control devices, widening of abutting streets
or construction of acceleration/deceleration lanes or other improvements
required by PADOT or determined by the Board of Supervisors to be
necessary for the reasonable ingress and egress to the development.
E.
Design controls for industrial and business park districts.
(1)
Purpose of this section. The purpose of this section
is to recognize the need for well-designed industrial and business
park districts that are compatible with the character of existing
developments within the Township; to recognize the humanistic needs
of the users and employees relative to the organization and arrangement
of outdoor spaces; and further, to recognize the industrial and business
park districts adjacent to residential districts which necessitate
design controls to maintain, preserve and protect property values
and the character of residential properties and neighborhoods.
(2)
A sketch plan submission is very strongly encouraged prior to the submission of formal preliminary plans. The developer, in addition to complying with the requirements of Chapter 205, Subdivision and Land Development, shall file site and architectural design plans reflecting the following criteria:
(a)
The proposed development shall be designed and
constructed in accordance with building and site plans and elevations
of all facades that will produce an overall architectural and landscaping
theme. Each building shall be designed to blend with the existing
development and architectural character of the neighborhood and community
and shall minimize external evidence of the nature of any industrial
types of operations conducted therein.
(3)
Proposed buildings shall be compatible with adjacent
buildings and shall relate in a harmonious manner concerning size,
materials and color.
(4)
Proposed buildings shall not have large unbroken external
walls, but shall vary in plan and in height so as to result in attractive,
well-planned and well-designed structures that are compatible with
existing buildings and uses on and adjacent to the site. These varying
building planes shall be required for all walls facing public or private
streets and zoning district boundaries.
(5)
The exterior facades of all buildings shall be finished
in decorative masonry, brick, stone, glass or equivalent construction.
(6)
Building accent lighting shall consider the effect
of the lighting on building occupants and neighbors. Light sources
shall be screened. Landscape accent lighting, including up-lighting
for trees and buildings and low down lights, shall be of low intensity
and shall be designed to prevent shadows or glare on adjacent public
ways.
(7)
Pedestrian lighting shall illuminate walkways either
from low-level accent lights or uniform height (10 feet to 12 feet)
light standards which clearly and safely identify the circulation
path.
(8)
Architectural lighting shall complement the building
elements in a functional manner, and the design of street and pedestrian
lighting shall be coordinated throughout the site. The quality of
lighting, including color, intensity and shielding of sources shall
be deemed an integral part of the overall plan design.
(9)
All business uses shall be carried on in completely enclosed buildings. Storage may be permitted outdoors only if such storage is effectively screened by a decorative masonry wall or evergreen landscaping as outlined by Subsection C(3). In addition, all applicable general performance standards (§ 240-24) and environmental protection requirements (§ 240-25) shall apply.
(10)
Buildings and building groups shall be designed,
planned and constructed to promote the human use of a site through
the provision of integrated pedestrian and vehicle circulation systems
and the provision of attractive outdoor areas for the use of employees
during their lunchtime and breaks. The provision of child day-care
facilities and outdoor recreation facilities such as a ball field,
picnic areas, pathways and walkways are strongly encouraged.
(11)
Pathways and walkways shall be provided to link
building entrances, any open spaces, other pathways and walkways and
nearby pedestrian destinations to the maximum extent possible.
(12)
Industrial and business parks shall be physically
organized to create a campus type of development of buildings and
building groups placed in a unified manner to create usable outdoor
open spaces for employees, such as courtyards and outdoor lunch areas.
(13)
Scenic and natural resources of the tract and
historic buildings shall be protected.
(14)
Buildings, building groups and related outdoor
spaces shall be designed to promote visual interest, usable attractive
outdoor spaces, attractive vistas and focal points and architectural
and landscape themes. These objectives shall be achieved through the
effective siting of structures and plant materials and the careful
integration of grading.
(15)
Additional submission requirements. All required
preliminary and final plans and any accompanying elevations, sections
and diagrams shall address the following:
(a)
The developer shall submit plans and/or documentation demonstrating compliance with the requirements of Subsection E. This shall include, but not be limited to, how the proposed features will assist in creating a campus style of development and how pedestrian amenities, features to add visual interest and features to ensure compatibility with adjacent development will be used.
(b)
All site plans shall be prepared by a registered
design professional(s) with demonstrated experience in land development
engineering, landscape architecture and the relationship of architecture
to the site design.
(c)
Such plans shall be offered for review by the
Planning Commission and the Township Conservancy Board prior to action
by the Board of Supervisors.
F.
Restrictions and covenants. If the applicant is proposing
restrictions, easements and/or covenants for the development, they
shall be submitted to the Township for review prior to approval of
the final development plans.
G.
Performance standards for the I-2 District.
(1)
Traffic control.
(a)
Any change in use on the land or in an existing
building or any expansion or modification of an existing building
not already depicted in a previously approved land development application
that may result in additional peak-hour traffic[1] or any application for land development shall be accompanied by a traffic study prepared in accordance with Chapter 205, Subdivision and Land Development, as amended. Such study may incorporate a plan or narrative which establishes the promotion of flexible employee time requirements, carpooling and other traffic demand management techniques designed to reduce/control the site entrance trip generation. If an applicant chooses to utilize traffic demand management techniques, the required traffic study must incorporate a plan or narrative establishing how said techniques will be implemented. The narrative shall state the minimum number of years during which the techniques will be used.
(b)
The maximum number of a.m. or p.m. peak hour
trips from all site entrances shall not exceed 3,500. It shall be
demonstrated that, according to the most current edition of the Trip
Generation Manual of the Institute of Transportation Engineers (ITE)
and any traffic demand management techniques presented as part of
the traffic study, that the maximum combined number of projected trips
occurring at all site entrances during the a.m. or p.m. peak hours
shall be limited to not more than 3,500 trips. The applicant shall
have the option of submitting a trip generation study based upon comparable
use(s) at another site(s) mutually agreed upon by the applicant and
Township if:
(c)
It is understood that projected trips generated for a use(s) as set forth in the required traffic study are estimates, and all determinations of compliance with the trip limitations contained in this chapter shall be based upon actual traffic counts (subject to mutually accepted adjustment for partially completed land developments) as provided hereinabove. Therefore, no conditions shall be imposed upon a land development which limit the number of trips to those estimated for a particular use(s) unless the estimate(s) of trips generated for said proposed use(s) would cause a violation of Subsection G(1)(b).
(d)
Site entrances, to the extent environmentally
and economically feasible, shall be provided directly onto Paoli Pike.
Site entrances onto East Boot Road or Line Road shall be limited as
follows:
[1]
A total of two site entrances shall be permitted
on East Boot Road, neither of which may be located east of the intersection
of East Boot Road and Thorncroft Drive, and such entrances shall be
channeled to direct and receive traffic from North Chester Road.
[2]
A total of three site entrances shall be permitted
on Line Road. Any site entrance(s) serving more than one lot shall
be channeled to direct and receive site traffic from Paoli Pike.
(3)
Environmental hazards. Any use with the potential of creating an environmental or genetic hazard shall be strictly regulated in accordance with applicable state and federal regulations and subject to all provisions set forth in § 240-24 herein.
(4)
Enclosures. Except for agricultural uses, activities
in this district shall be conducted in completely enclosed buildings.
Storage may be permitted outside a building, only if such storage
is effectively screened from view from outside of the I-2 District
by a decorative masonry wall and/or landscape screening. If landscape
screening is used, it shall have an initial height, when planted,
of six feet and shall in no case be lower than items being stored
in the enclosure. If the screen is other than living landscaped materials,
its maximum height shall not exceed 10 feet.
(5)
Rooftop structures. All rooftop structures, including mechanical devices, except for antennae, shall be in accordance with Subsection C(1) and shall be totally surrounded by a component of the building structure which is compatible in design and materials with the building walls and at least equal in height to the structure or mechanical devices.
A.
Specific intent. The single-family cluster development provisions are intended to serve the following objectives, in addition to the goals and objectives stated in the Comprehensive Plan and in §§ 240-3 and 240-7:
(1)
To provide optional regulations to encourage high-quality
lot layouts, site planning and landscaping design.
(2)
To reduce area and dimensional specifications under
this section only as a means for residential developers to improve
the feasibility of creating attractive and usable open space, preserve
desirable natural features and provide attractive and practical designs
in lot layout, street alignment and building orientation.
(3)
To provide for needed active and passive recreation
areas to complement natural open spaces and to preserve environmental
resources, such as flood-prone areas and wetlands.
(4)
To limit development on steep slopes, protect surface
and groundwater quality and encourage groundwater recharge.
(5)
To promote the preservation of significant historical
sites and structures and to protect the character of these features
by encouraging the provision of open space around them.
(6)
To promote high-quality land planning, including:
(7)
To seek to protect the scenic beauty of the Township,
including scenic roads.
(8)
To encourage development to be directed towards the
most suitable portions of a tract.
(9)
See illustrations in Sketch I in the Appendix.
B.
C.
Minimum tract area and maximum density for cluster
development. The following regulations shall be observed:
(1)
The tract of land shall be in single and separate
ownership or filed jointly by the owners of the entire tract and shall
contain a minimum of 20 contiguous acres.
(2)
Each lot used as a dwelling site shall be served by
a centralized public water supply system and a centralized sewage
disposal system.
(3)
The percentage of common open space shall be as required in Subsection D, and in no case shall the common open space include less than eight acres, except that the Board of Supervisors, in its sole discretion, may permit a development to have less than eight acres of common open space if the common open space would abut existing common open space.
(4)
In the R-2 and I-2 Districts, in no case shall the
total number of dwelling units exceed the total number of acres in
the cluster development.
D.
Area and bulk regulations for cluster development.
The following reduced area and bulk regulations shall apply to single-family
detached dwellings in an approved single-family cluster development.
All utilities shall be provided underground.
(1)
R-2 or I-2 District - Option 1:
(a)
Lot area: 25,000 square feet minimum.
(b)
Lot width at building setback line: 115 feet
minimum. (NOTE: If the record plans clearly state that a minimum fifty-foot
front yard building setback will apply for a lot, then the required
lot width for that lot may be met at such fifty-foot setback instead
of the thirty-five-foot minimum setback.)
(c)
Common open space: A minimum of 40% of the area
of the tract.
(2)
R-2 or I-2 District - Option 2:
(a)
Lot area: 20,000 square feet minimum.
(b)
Lot width at building setback line: 110 feet
minimum. (NOTE: If the record plans clearly state that a minimum fifty-foot
front yard building setback will apply for a lot, then the required
lot width for that lot may be met at such fifty-foot setback instead
of the thirty-five-foot minimum setback.)
(c)
Common open space: A minimum of 50% of the area
of the tract.
(3)
R-2 or I-2 District - provisions applying to Options
1 and 2:
(a)
Lot width at street line: 40 feet minimum.
(b)
Side yards: 20 feet minimum each side.
(c)
Rear yard: 35 feet minimum.
(d)
Front yard building setback line: 35 feet minimum.
(e)
Building height: three stories/30 feet maximum.
(f)
Impervious coverage per lot: 30% maximum.
(g)
Building coverage per lot: 20% maximum.
(4)
R-4 District:
(a)
Lot area: 9,000 square feet minimum.
(b)
Lot width at building setback line: 80 feet
minimum.
(c)
Common open space: A minimum of 30% of the total
lot area of the tract.
(d)
Lot width at street line: 40 feet minimum.
(e)
Side yards: 10 feet minimum each side.
(f)
Rear yard: 20 feet minimum.
(g)
Front yard building setback line: 30 feet minimum.
(h)
Building height: three stories/30 feet maximum.
(i)
Impervious coverage per lot: 40% maximum.
(j)
Building coverage per lot: 30% maximum.
E.
Cluster uses. A single-family cluster development shall only include the following uses: single-family detached dwellings, noncommercial outdoor recreation uses, publicly owned recreation uses and the same accessory uses as are listed as permitted in § 240-9E.
F.
Cluster open space regulations.
(1)
Use and maintenance. All land held for open space
shall be so designated on the plans. The plans shall contain the following
statement: "open space land may not be separately sold nor shall such
land be further developed or subdivided." The subdivision or land
development plans shall further designate the use of open space, the
type of maintenance to be provided and a planting plan or schedule.
In designating use and maintenance, the following classes should be
used:
(a)
Lawn. A grass area with or without trees which
may be used by the residents for a variety of purposes and which shall
be mowed regularly to ensure a neat and tidy appearance.
(b)
Natural area. An area of natural vegetation
undisturbed during construction, or replanted, may contain pathways.
Meadows shall be maintained as such and not left to become weed-infested.
Maintenance may be minimal but shall prevent the proliferation of
weeds and undesirable plants. Trash and construction debris shall
be removed, and streams shall be kept in free-flowing condition.
(c)
Recreation area. An area designated for a specific
recreation use, including but not limited to tennis, swimming, shuffleboard,
playfield and tot lot. Such areas shall be maintained so as to avoid
creating a hazard or nuisance, and shall perpetuate the proposed use.
(d)
Planting area. An area created for purposes
of hedgerow replacement, buffer planting area and/or plant screening.
(2)
Ownership of open space. All required common open
spaces shall be protected by a conservation easement in perpetuity,
with the Board of Supervisors, at a minimum, provided with the authority
to enforce such easement. Ownership for the open space area shall
be by any of the following procedures, provided that the legal mechanisms
for such proper ownership and maintenance are acceptable to the Board
of Supervisors, based upon review by the Township Solicitor:
(a)
Ownership by the Township. The Board of Supervisors
may, at its option, now or in the future, voluntarily accept the dedication
of all or part of the common open space.
(b)
Ownership by a nature organization. The sale,
lease or other disposition of open space to an established lawfully
incorporated nonprofit nature conservation organization acceptable
to the Board of Supervisors or to a homeowner's association to be
incorporated in a form acceptable to the Board of Supervisors. Such
organization shall be chartered under the laws of Pennsylvania to
administer and maintain the land and facilities, subject to an acceptable
deed restriction or conservation easement in perpetuity. The eventual
disposition of said open space shall be limited to the purposes stated
in the article of incorporation.
(c)
Ownership by individuals. The inclusion of the
open space in the deed description of the individual purchasers or
subdivision, subject to an acceptable deed restriction or conservation
easement in perpetuity limiting the eventual disposition of said open
space for the purposes outlined in the plan submitted to the Township
Supervisors.
(d)
Other methods. Such other method that the applicant
proves to the full satisfaction of the Board of Supervisors will ensure
proper protection, ownership, maintenance and funding of the common
open space.
(3)
Planting and recreation facilities within common open space areas. The developer shall provide designated planting and areas suitable for active or passive recreation within open-space areas. A performance bond or other securities shall be required to cover the cost of installation in accordance with provisions of Chapter 205, Subdivision and Land Development. The use of species of vegetation that are native to the area is encouraged.
(4)
Determination of open space areas. The applicant shall
recognize that the Township encourages that the following resources
and conditions, as applicable, be carefully and appropriately considered
in determining which areas are to be set aside as common open space:
(a)
Flood-prone areas, wetlands, watercourses, ponds
and creek valleys.
(b)
Concentrations of slopes of 15% or steeper.
(c)
Woodlands and forested areas.
(d)
Areas proposed as greenways or recreation areas
or other applicable recommendations in the Township Comprehensive
Plan and/or open space, recreation and environmental resources plan.
(e)
Historic buildings and sites,
(g)
Lands highly suitable for recreational purposes.
(h)
Scenic areas and vistas and other highly visible
views.
(i)
How the common open space will relate to the
objectives of a single-family detached cluster development.
(5)
Common open space design standards.
(a)
No individual area of the common open space
shall be less than one acre in size and no area of common open space
shall be less than 50 feet in width. The common open space shall be
made up of the minimum number of separate areas possible, it being
the specific intention of this provision to require that a single-family
cluster development contain a small number of large areas of common
open space as opposed to numerous small areas of common open space.
(b)
If the Board of Supervisors determines that
a tract includes an appropriate location for active recreation, then
a minimum of 20% of the minimum required common open space shall be
made suitable for active recreation. Such areas shall include a maximum
slope of 6% and not be wetlands.
(c)
The applicant shall show that the common open
space will or shall be conveniently accessible to the residents of
homes intended to be served by it. The common open space shall be
clearly delineated on development plans.
(d)
Common open spaces shall be coordinated with
other nearby existing, proposed or potential common open spaces or
parks, either through being contiguous or through safe, pedestrian/wildlife
connections whenever possible. Where a single-family cluster development
would abut an undeveloped tract and/or a future development phase,
the proposed common open space shall be located in consideration of
the potential to eventually link together open space on the two tracts
or phases.
[Amended 3-18-2003 by Ord. No. 129-D-03]
(e)
The proposed common open spaces shall be accurately and clearly delineated on the layout plan. The intended class of each area of open space shall be stated, which should follow the categories listed in Subsection F(1).
(f)
Common open space areas that are not already
wooded and are not approved as lawn, natural areas or recreation areas
shall be attractively and extensively landscaped, according to a plan
approved by the Board of Supervisors.
(g)
Common open space shall have appropriate access
for needed maintenance.
(h)
Any common open space required by this section
shall be in addition to any open space that may be required by any
other applicable provision of a Township ordinance.
(6)
Common open space calculation. The following land
areas shall not be permitted to be counted towards the minimum required
common open space within single-family cluster developments:
(a)
Rights-of-way or easements, including overhead
electric transmission lines of 35 kilovolts or higher capacity.
(b)
Stormwater management facilities, but no more
than 10% of the required common open space may be so used.
(c)
Public or private streets, existing or proposed
street rights-of-way, roads, parking aisles and parking spaces, except
parking spaces clearly intended to primarily serve recreation uses
within the common open space.
(d)
Yards, setbacks and minimum lot areas for existing
or proposed dwelling units.
(7)
Perimeter of tract. Land within up to 100 feet of
the perimeter of the tract may be considered acceptable by the Board
of Supervisors as part or all of the required common open space, regardless
of the natural features of the land, if the Board of Supervisors finds
that such open space is needed to buffer homes from a major road or
business uses or would best protect the character of a highly scenic
or historic area. In place of a one-hundred-foot-wide buffer, consideration
should be given to a fifty-foot-wide buffer with a landscaped earth
berm with maximum side slopes of 3 to 1. A "berm" shall be defined
as an area of elevated earth designed to provide at least a partial
visual barrier.
G.
Additional objectives for evaluating cluster development.
The following design objectives shall be mandatory for single-family
cluster developments:
(1)
The conservation of woodlands and forests, and the
preservation of large healthy specimen trees (which may require use
of tree wells where needed).
(3)
The provision of attractive and extensive landscaping,
which may include deed restrictions requiring lot owners to provide
certain levels of landscaping, in addition to landscaping of the common
open space.
(4)
The minimizing of regrading of steep slope areas.
(5)
The protection of creek valleys, wetlands and important
aquatic and wildlife habitats.
(6)
The preservation of important historic buildings.
(7)
The provision of pedestrian trails to connect common
open spaces with homes and any other nearby destinations.
(8)
The site planning of the site to minimize the visual
intrusion of the development as viewed from highly scenic roads and
highly scenic vistas.
Planned apartment development regulations applicable
to R-4, R-5 and C-4 Districts.
A.
Specific intent. The intent of this section is to
provide regulations that encourage well-planned and well-designed
apartment developments appropriate to the district and in harmony
with adjacent existing development.
B.
Applicability. This section shall apply to any apartment
development.
C.
Apartment standards. The following standards shall
be observed:
(1)
Central water and sewer. All apartments shall be serviced
by centralized water and centralized sewage disposal systems.
(2)
Underground utilities. All utilities shall be placed
underground.
(3)
Minimum lot area. Apartment developments shall provide
a lot area of at least four acres and a minimum average of 3,000 square
feet of lot area per dwelling unit on the lot.
(4)
Maximum building coverage. The maximum building coverage
shall be 20% and the maximum impervious surface coverage shall be
40%.
(5)
Setbacks. All principal buildings shall be at least
50 feet from all street right-of-way lines and property lines. Garages
shall be at least five feet from all side and rear property lines
and at least 50 feet from all street right-of-way lines.
(6)
Maximum height. Maximum height of all buildings shall
not exceed 45 feet. Buildings shall not exceed three stories.
[Amended 5-15-2012 by Ord. No. 129-D-2012]
(7)
Building separations. Each building with three or
fewer stories shall:
(8)
Maximum dwelling unit size. No dwelling unit within
an apartment development shall contain more than two bedrooms, and
no more than 40% of the total number of dwelling units shall contain
two bedrooms.
(9)
Building location, orientation and design. The location,
orientation and design of all buildings should give consideration
for site terrain and other natural features and conform with site
design principles outlined in the Township Comprehensive Plan.
(10)
Recreation/open spaces. One or more recreation/common
open spaces (each with a minimum area of 2,500 square feet) shall
be provided, whose total area equals at least 200 square feet per
dwelling unit. All recreation/common open spaces shall be located
in areas suitable for outdoor active or passive recreation (such as
outdoor relaxation, walking and/or gardening). Only recreation spaces
at least 20 feet from any building shall count towards the minimum
required recreation/common open space. The types of recreation areas
shall relate to the expected breakdown of ages of residents of the
units.
(11)
Driveways. The following minimum cartway widths
shall be provided for any driveway within an apartment development:
|
Function
|
Minimum Cartway
Width
(feet)
| |
|---|---|---|
|
One-way traffic, no parking
|
9
| |
|
Two-way traffic, no parking
|
18
| |
|
One-way traffic, parallel parking on one side
|
18
| |
|
Two-way traffic, parallel parking on one side
|
27
| |
|
Two-way traffic, parallel parking on two sides
|
34
|
D.
Convenience commercial within an apartment development.
(1)
The following uses, not including an adult use, may be permitted in an apartment development when authorized by the Board of Supervisors in accordance with § 240-31, provided that all requirements of this section are met:
(a)
Convenience stores, including the sale of groceries
and food products, hardware, newspapers and magazines, drugs and variety
items.
(b)
Personal service establishment, including tailor,
barber shop, beauty salon, dressmaker and shoe repair.
(c)
Gift shops, including cameras, books, stationery,
cosmetics, candy, cigarettes and tobacco, flowers, hobbies, jewelry
and crafts.
(d)
Standard restaurant without drive-through service.
(e)
Professional office, including offices of attorneys,
accountants, physicians, dentists, realtors, insurance or financial
consultants, brokers, engineers, architects or other recognized profession.
(f)
Financial institution, including bank, savings
and loan and commercial loan office.
(2)
No more than 2,400 square feet of floor area of convenience
commercial uses shall be permitted for each 100 dwelling units or
part thereof. No single convenience commercial use shall exceed 3,000
square feet.
(3)
Convenience commercial uses shall be considered as a part of the total apartment development and shall comply with all of the requirements of Subsection C.
(4)
Any commercial convenience uses permitted in a planned
apartment development shall be located within a building that does
not contain dwellings. If more than one commercial establishment is
to be provided, all such establishments shall be within a single building.
(5)
Signs for a convenience commercial development shall be provided in accordance with § 240-22P(4) of this chapter if located in the C-4 Zoning District and § 240-22O(3), if located in the R-4 and R-5 Zoning Districts.
Townhouse development regulations applicable
to R-4, R-5 and C-4.
A.
Specific intent. The intent of this section is to
provide regulations that encourage well-planned and well-designed
townhouse development appropriate to the district and in harmony with
adjacent existing development.
B.
Townhouse area, height and bulk regulations. The division
of a townhouse development into lots is not required so long as the
land upon which it is situated remains in single undivided common
ownership (including condominium ownership). Whether or not fee-simple
lots are involved, a townhouse development shall be designed in compliance
with the following:
(1)
Minimum frontage for each townhouse development shall
be 150 feet on a public street.
(2)
Minimum tract area for each development shall be four
acres.
(3)
Minimum building width shall be 18 feet for each dwelling.
(4)
Maximum height shall not exceed two stories or 30
feet, except that the basement floor of any dwelling may open to grade
at the rear only.
(5)
A private space for each townhouse yard, patio or
other outdoor area immediately adjacent to the front, back or side
of each dwelling of not less than 400 square feet shall be provided
for the exclusive use of the occupants of that dwelling. If a townhouse
development is subdivided into lots, the minimum lot area shall be
the building footprint plus this required private space.
(6)
Maximum density for a townhouse development. Ten dwellings
per total acre of land within the R-5 District and five dwellings
per total acre of land within any other district where townhouses
are specifically permitted (such as the R-4 or C-4 District).
(7)
Maximum impervious coverage. Forty percent of the
total lot area at the time of completion of the development. Such
restriction shall not limit future accessory uses on individual townhouse
lots.
(8)
Units attached. A group of not less than three and
not more than six townhouses attached to each other by party walls.
No more than two adjacent townhouses in any townhouse building shall
have the same back and front setback line. The minimum variation of
front and back setback line shall be eight feet. Upon application,
the Board of Supervisors may, upon recommendation from the Planning
Commission, modify the requirements as set forth in the two preceding
sentences to provide for architectural variations and broken facades
consistent with the intent and spirit of said regulations.
(9)
External property line building setback. Townhouse
buildings and accessory buildings shall be set back from the original
tract boundary property line a minimum distance of 40 feet.
(10)
Building setback from public and private streets.
Townhouse buildings and related garages and accessory buildings shall
have a minimum twenty-five-foot setback from the street right-of-way
line of proposed streets.
(11)
Spacing between buildings. Facing walls are
walls opposite to and parallel with one another and any opposite walls
whose lines, if extended, would intersect at angles of less than 65º.
The minimum horizontal distance (between facing walls) of any two
buildings on one lot or any one building with facing walls shall be
as follows:
C.
Townhouse open space.
(1)
Minimum open space shall be not less than 25% of the
total lot area of the tract, excluding existing street rights-of-way.
Priority for selecting areas of open space preservation shall be given
to watercourses, lakes and ponds, floodplain areas, alluvial soils,
high water table soils, lands having slopes in excess of 15% and forests
with trees having greater than six-inch trunk widths (measured at
a height of one foot above ground level) covering an area larger than
0.5 acres. The open space land selected pursuant to these priorities
shall not be improved or used in such a manner as to disturb its natural
characteristics.
(2)
The remaining land set aside as open space may be
used for parks, playgrounds, walkways, trails, tennis courts, swimming
pools and similar recreational uses together with clubhouses and other
social or service facilities customarily associated with such open
space uses so designed as not to detract from the open space character
of the area. At least 40% of the total open space shall be improved
for active recreational use and at least 50% of that area shall be
at a grade not exceeding 3%.
(3)
Open space maintenance. The proper operation and maintenance
of all open spaces and community facilities shall be secured by an
appropriate organization with legal responsibility for the same. If
the dwellings are sold, the organization may be a condominium, cooperative,
homes association, trust or other appropriate nonprofit organization
of the dwelling unit owners, organized in a manner found by the Township
Solicitor to be legally effective and able to carry out its maintenance
and operating responsibilities. It is the intention of this chapter
to authorize the remedies provided in 53 P.S. § 10705(f)
and 53 P.S. § 10706(2) of the Pennsylvania Municipalities
Planning Code, and the same are hereby incorporated by reference.
D.
Townhouse streets.
E.
Townhouse parking. Parking shall be in accordance with § 240-33, but excluding § 240-33C(7), which shall only apply to arterial or collector streets. All parking shall also meet the following requirements:
(1)
The minimum required parking spaces shall not be met
by permitting on-street parking on any street, whether public or private.
(2)
No off-street parking space shall be located closer
than 15 feet to a wall containing windows, or closer than 10 feet
to a blank wall, except when located within the buildings or attached
garages.
(3)
No parking area, street or driveway, except at points
of access, shall be located within 40 feet of the boundary property
line of a townhouse development.
(4)
Parking areas shall be arranged so as to prevent through
travel to other parking areas.
F.
Townhouse buffer areas. A twenty-five-foot-wide buffer
area shall be provided around the entire townhouse development site.
The buffer area shall be in addition to the required minimum yards,
although it may be a part of individual lots.
(1)
No structure, materials, vehicular parking, drive
or streets shall be permitted in the buffer area, except at drives
and street crossings.
(2)
The screen planting in the buffer area around the site perimeter shall be in accordance with the screening requirements of § 240-27C(2).
(3)
No structure, fence, planting or other obstruction
shall be permitted which would interfere with traffic visibility across
the corner of a lot and at access driveways within a triangle bounded
by the street right-of-way lines and a straight line drawn between
points on each right-of-way line 25 feet from their intersection.
Such clear sight triangle shall be maintained in the area between
a plane two feet above curb level and a plane seven feet above curb
level. The screen planting shall be broken only at points of vehicular
or pedestrian access.
G.
Townhouse utilities. All townhouses shall be served
by a centralized water supply system and a centralized sewage disposal
system. All utilities, including electric, telephone and cable television
shall be installed underground.
H.
Townhouse lighting. Lighting shall be in accordance with § 240-33, § 240-27C(7) and Chapter 205, Subdivision and Land Development.
I.
Townhouse landscaping. Landscaping shall be in accordance with § 240-27C(1).
K.
Townhouse storage. Storage shall be in accordance with § 240-27C(4).
L.
Accessory use and storage enclosures. All storage
for other than private automobiles shall be architecturally attached
to and be part of the dwelling and be structurally enclosed.
M.
Townhouse interior circulation. Interior circulation shall be in accordance with § 240-27C(6).
N.
Homeowner's and/or condominium agreements. If the
applicant is proposing restrictions, easements and/or covenants for
the development or if any dwelling units are to be sold under homeowner's
or condominium agreements, such restriction, easements, agreement
or agreements shall be submitted to the Township for review with the
preliminary plans.
[Added 11-1-1999 by Ord. No. 129-G-99]
A.
Specific intent; inconsistencies.
(1)
The planned golf course development provisions are intended to serve the following objectives, in addition to the goals and objectives stated in the Comprehensive Plan and in §§ 240-3 and 240-7:
(a)
To provide optional regulations to encourage
a championship golf course, contiguous residential dwellings of superior
design and quality, site planning and landscaping design.
(b)
To reduce area and dimensional specifications
under this section as a means to improve the feasibility of creating
a championship golf course, preserve desirable natural features and
provide attractive and practical designs.
(c)
To provide for golf courses that complement
natural open spaces and preserve environmental resources, such as
flood-prone areas and wetlands.
(d)
To limit development on steep slopes, protect
surface and groundwater quality and encourage groundwater recharge.
(e)
To promote the preservation of significant view
sheds, natural features, historical sites and structures and to protect
the character of these features by incorporating them into the golf
course design.
(f)
To promote a high-quality golf course with a
residential component by:
(g)
To seek to protect the scenic beauty of the
Township, including scenic roads.
(2)
To achieve the objectives set forth herein,
to the extent that there are any inconsistencies with any other provisions
of the Zoning Ordinance, the requirements set forth in this section
shall apply.
B.
Minimum tract, ownership and utility requirements.
(1)
Any planned golf course development shall meet
the regulations of this section.
(2)
A planned golf course development shall only
be permitted where specifically listed as permitted in the applicable
zoning district regulations.
(3)
The tract of land comprising the planned golf
course development, referred to hereafter as the "development tract,"
shall be in single and separate ownership or filed jointly by the
owners of the entire tract and shall contain a minimum of 180 contiguous
acres. Any plan of subdivision or land development filed with the
Township on lands situated within the development tract shall depict
not only the subdivision/land development for which approval is being
sought but also the entirety of the development tract comprising the
planned golf course development.
(4)
A minimum of 80% of the gross acreage of the
development tract must be devoted to the golf course use.
(5)
A maximum of 20% of the gross development tract acreage may be devoted to residential use as permitted in Subsection C(2) of this section. This twenty-percent portion of the development tract may be developed to a maximum overall density of three dwelling units per acre, when the developer agrees to transfer development rights on that portion of the development tract identified in Subsection B(4) of this section to that portion of the development tract specified in Subsection B(5); provided, however, that the developer shall retain the development rights described in Subsection E(2) of this section.
(6)
The clubhouse, golf cottages and all dwelling
units shall be served by a centralized public water supply system
and a centralized sewage disposal system. All new utilities, including
electric, telephone and cable television, shall be installed underground.
(7)
The site entrance standards set forth in § 240-27G(1)(d) shall not apply to a planned golf course development. The following access limitations shall apply instead:
(a)
There shall be a maximum of two entrances for
the carriage homes development portion of the development tract.
(b)
There shall be a maximum of one principal entrance
for the portion of the development tract devoted to the golf course.
An emergency access may be required if the Board of Supervisors determines
that there is a need.
(c)
A maximum of three entrances shall be permitted
for the portion of the development tract devoted to single-family
detached dwellings. Common or shared driveways shall be required in
order to minimize the number of entrances.
C.
Design standards for planned golf course development.
(1)
The golf course shall be developed according
to the following standards:
(a)
Either a public or privately owned and operated
golf course which shall have a minimum of 18 holes of golf. Neither
a commercial driving range nor a commercial miniature golf area shall
be considered a golf course for purposes of this section.
(b)
The golf course use may include a clubhouse,
driving range, tennis courts, swimming pool and a maximum of two golf
cottage(s) and overnight clubhouse accommodations. The clubhouse accommodations
shall be limited to use by club members and their guests. Said clubhouse
accommodations shall not exceed eight single-occupancy units and two
double-occupancy units. They shall not contain separate cooking or
eating facilities, and occupancy of the units by club members or guests
shall be limited to stays of no more than seven consecutive days in
any thirty-day period.
(c)
The clubhouse shall be located at least 75 feet
from any proposed public road right-of-way line. It may contain locker
room(s), clubhouse accommodations, a pro shop (750 square feet maximum)
and dining facilities.
(d)
A golf cottage is a separate residential building
for the temporary accommodation of members and guests of the golf
club. Golf cottage(s) shall be located at least 75 feet from any proposed
public road right-of-way line. There may be no more than two golf
cottages, each containing up to eight guest rooms, or one cottage
containing up to 16 guest rooms. The cottage(s) shall not contain
separate cooking or eating facilities, and occupancy of the cottage(s)
by club members or guests shall be limited to stays of no more than
seven consecutive days in any thirty-day period.
(e)
Signs. One freestanding, directly illuminated,
off-premises sign not exceeding 32 square feet in area, including
the sign's base, and not more than 6 feet in height measured from
ground level shall be permitted at the corner of Line Road and Paoli
Pike. The design, materials and construction of such sign shall be
contingent upon the approval of the Board of Supervisors.
(f)
Parking for the clubhouse shall be located at least 50 feet from any proposed public road right-of-way line and shall be in accordance with the requirements of § 240-33C(2).
(g)
Accessory buildings. Maintenance buildings
for storage and maintenance of equipment directly related to the golf
course use may be located off-site on property contiguous to the golf
course, provided that there is direct access to and from the accessory
buildings to the golf course over a private street or driveway serving
the golf course and a subdivision plan of the off-site property is
approved by the Board of Supervisors. In such case:
[Added 8-7-2001 by Ord. No. 129-D-01; amended 3-7-2023 by Ord. No. 129-A-2023]
[1]
Accessory buildings may be located on a "footprint lot" which, for purposes of this provision, is defined to mean the perimeter of the existing or proposed building coincident with the building's foundation and outer walls; provided, where a part of an existing building that is located on a footprint lot is proposed to be demolished and reconstructed, in whole or in part, and expanded beyond the boundary of the footprint lot, the area of any such existing building expansion may be located within any contiguous permanent easement area that has been deeded in perpetuity to the owner of the footprint lot and constitutes a permanent part of the golf course maintenance facility. In either case, the provision of Subsection C(1)(g)[2] shall apply.
[2]
Footprint lots. When the maintenance building is proposed to be located on a footprint lot, or within any portion of a contiguous permanent easement area deeded in perpetuity to the owner of the footprint lot, the subdivision or land development plan depicting the building or buildings, as reconstructed or expanded, shall demonstrate that there is sufficient area on the parent lot from which the footprint lot is being subdivided, or has previously been subdivided, without violation of any setback encroachments from the boundaries of the parent lot, to contain the required parking, shared access to the footprint lot and permanent easement, stormwater management, if any, and utilities within a shared easement area of not less than 24,000 square feet per building. The footprint lot and the expanded building shall comply with the front, rear and side yard requirements for the parent lot set forth in § 240-20F(3), except the building(s) shall be limited to one story and shall not exceed 20 feet in height. The owner of the parent lot shall retain the right to use the parent lot for all purposes not inconsistent with the shared easement. Unless already in effect, the subdivision and/or land development application shall be accompanied by a declaration of covenants, easements and restrictions which provides for and defines the shared access, parking and utility usage in common with the owner of the parent lot and the rights and obligations of the parties with respect thereto, in form and content acceptable to the Township Solicitor, which shall be recorded with the approved final land development or subdivision plan.
(2)
Single-family detached dwellings and/or carriage
homes are permitted in the development tract in accordance with the
following lot area, width, building coverage, height and yard regulations:
(a)
Single-family detached dwellings regulations.
[1]
Lot area: 20,000 square feet minimum.
[2]
Lot width at building setback line: 110 feet
minimum.
[3]
Side yards: 15 feet minimum each side.
[4]
Rear yard: 35 feet minimum.
[5]
Front yard building setback line: 35 feet minimum.
[6]
Building height: 35 feet maximum.
[7]
Impervious coverage per lot: 50% maximum.
[8]
Building coverage per lot: 20% maximum.
[10]
Common access driveways shall
have a paved cartway width of 24 feet, including curbing, where parking
is allowed, and a paved cartway width of 16 feet where parking is
not allowed.
(b)
Carriage home development regulations. The division
into lots of that portion of the planned golf course development devoted
to carriage homes is not required if the land upon which it is situated
remains in single, undivided common ownership (including condominium
ownership). Whether or not fee-simple lots are involved, a carriage
home development shall be designed in compliance with the following:
[1]
Minimum frontage for each carriage home development
shall be 150 feet on a public street.
[2]
Minimum gross tract area for each carriage home
development shall be 10 acres.
[3]
Minimum building width shall be 30 feet for
each dwelling.
[4]
Maximum building height shall not exceed 35
feet.
[5]
A private space for each carriage home, of not
less than 200 square feet, which shall be immediately adjacent to
the front, back or side of each dwelling, shall be provided for the
exclusive use of the occupants of that dwelling. If a carriage home
development is subdivided into lots, the minimum lot area shall be
the building footprint plus this required private space.
[6]
Maximum density shall be four dwellings per
acre of land within the carriage home development.
[7]
Maximum impervious coverage shall not exceed
75% of the tract.
[8]
No more than two carriage homes shall be attached
to each other by party walls.
[9]
External property line building setback. Carriage
homes shall be set back from any proposed road right-of-way line a
minimum distance of 25 feet. Accessory buildings shall be set back
from any proposed road right-of-way line a minimum distance of 15
feet.
[10]
Internal building setback from
streets. Carriage homes shall have a minimum fifteen-foot setback
from any development street. In a planned golf course development,
detached accessory garages shall have a minimum ten-foot setback from
any development street and need not be on the same lot as the principal
use.
[11]
Spacing between buildings. There
shall be a minimum of 15 feet between buildings.
[12]
Carriage home open space. The
proper operation and maintenance of all open spaces and community
facilities shall be secured by an appropriate organization with legal
responsibility for the same. If the dwellings are sold, the organization
may be a condominium, cooperative, homeowner's association, trust
or other appropriate nonprofit organization of the dwelling unit owners,
organized in a manner found by the Township Solicitor to be legally
effective and able to carry out its maintenance and operating responsibilities.
It is the intention of this section to authorize the remedies provided
in 53 P.S. § 10705(f) and 53 P.S. § 10706(2) of
the Pennsylvania Municipalities Planning Code, and the same are hereby
incorporated by reference.
[13]
Carriage home streets. If the
minimum cartway width is proposed to be less than required for public
streets, it shall not be less than 20 feet in width, and all streets
shall be privately owned and maintained.
[14]
Parking. A minimum of 2.5 off-street
parking spaces per unit are required.
[15]
Buffer yards. In a planned golf
course development a fifteen-foot-wide buffer area shall be provided
around the entire carriage home development, except for those areas
which abut the golf course.
[a]
The buffer yard shall be landscaped in accordance with the screening requirements of § 240-27C(3).
[b]
No structure, fence, planting or
other obstruction shall be permitted which would interfere with traffic
visibility across the corner of a lot and at access driveways within
a triangle bounded by the street right-of-way lines and a straight
line drawn between points on each right-of-way line 25 feet from their
intersection. Such clear sight triangle shall be maintained in the
area between a plane two feet above curb level and a plane seven feet
above curb level. The screen planting shall be broken only at points
of vehicular or pedestrian access.
[17]
Storage enclosures. All storage
for other than private automobiles shall be architecturally attached
to and part of the dwelling and shall be structurally enclosed.
[18]
Homeowners' and/or condominium
agreements. If the applicant is proposing restrictions, easements
and/or covenants for the development or if any dwelling units are
to be sold under homeowners' or condominium agreements, such restrictions,
easements, agreement or agreements shall be submitted to the Township
for review and approval with the preliminary plans.
[19]
Signs. One thirty-two-square-foot
freestanding directly illuminated sign shall be permitted.
D.
Golf course development approval.
(1)
An overall subdivision plan of the planned golf course development tract shall be submitted for review and approval by the Board of Supervisors pursuant to Ch. 205, Subdivision and Land Development. The subdivision plan shall depict the location of the golf course and the portions of the development tract to be developed with single-family detached dwelling units and/or carriage homes.
(2)
Nothing herein shall preclude the approval or
construction of the planned golf course development in phases.
(3)
After approval of the first subdivision plan,
nothing in this section shall preclude the sale of the parcels to
be developed as single-family detached dwellings and/or carriage homes
to another person, firm or corporation, provided that such parcels
shall only be developed in full compliance with any and all conditions
of subdivision approval.
E.
Discontinuance of golf course use.
(1)
After the subdivision plan referred to in § 240-31D(1)
has been approved by the Township and recorded with the Recorder of
Deeds and those portions of the development tract to be developed
with single-family detached dwellings and/or carriage homes have been
sold or conveyed to another person, firm or corporation, the area
of the development tract that is to be developed as a golf course
must be developed only as an eighteen-hole golf course.
(2)
In the event that the golf course use is discontinued
or terminated, whether voluntarily or involuntarily, after approval
of the subdivision plan referred to in § 240-31D(1) and
recordation of said plan, and after the conveyance of either or all
of those portions of the development tract to be developed with single-family
detached dwellings and/or carriage homes to another party, the owner
of the golf course shall be permitted to develop the golf course property
for single-family residential dwellings, but only at the maximum density
of one dwelling unit per four acres, in accordance with the following
requirements, except that the maximum density shall be reduced to
one dwelling unit per eight acres if such discontinuance or termination
occurs more than two years after the issuance of a certificate of
occupancy for the golf course clubhouse:
[Amended 1-25-2000 by Ord. No. 129-A-00]
Conditional uses and additional standards for
specific principal uses applicable to all districts.
A.
Intent. To provide a procedure and criteria for applications
for and decision on conditional uses specified in this chapter. To
recognize that certain conditional uses may not be appropriate in
every location within a specific zoning district where they are generally
allowed. To recognize that other conditional uses would only be appropriate
within a specific location with additional conditions upon approval.
B.
Procedures.
(1)
Applicants for conditional use approval shall pay
a filing fee which covers the administrative costs for the Township's
review of the conditional use application and plan and a fee to be
placed in escrow to cover the Township's professional consultant's
costs relating to review of the application and plan or plans submitted,
as well as any supporting documentation and materials and/or report
to the Township on the same. The fee schedule shall be adopted by
resolution of the Board of Supervisors and the form for the conditional
use application will be such as prescribed by the Township Manager.
The term "professional consultant" shall include any person who provides
expert or professional advice, including but not limited to, architects,
attorneys, certified public accountants, engineers, geologists, landscape
architects, landscape planners or land planners. Any amount in the
escrow funds which exceeds the Township's professional consultant's
review costs shall be returned to the applicant, without interest.
If the amount in the escrow fund is not sufficient to meet all of
the Township's professional consultant's review costs, the applicant
shall be billed therefor and shall pay the amount due within 30 days
of such billing. The filing fees and escrow fees shall be as established
or amended from time to time by resolution of the Board of Supervisors.
[Amended 9-19-2006 by Ord. No. 129-D-06]
(2)
All applicants for a conditional use shall submit
eight sets of development plans to the Township, along with their
application.
(3)
The development plan referred to in Subsection B(2) above shall include a statement regarding the proposed use of the building or land, and shall comply with all sketch plan requirements as provided in Chapter 205, Subdivision and Land Development. In addition to the development plans, an applicant shall submit a pipeline awareness study for the following uses when such uses are the principal use of a tract and are permitted as a conditional use:
[Amended 7-20-2021 by Ord. No. 129-F-2021]
(a)
Any residential development.
(b)
Township park.
(c)
Place of worship or religious institution, excluding hospitals,
sanitariums, penal or corrective institutions.
(d)
Public or private primary or secondary school.
(e)
Publicly owned recreation.
(f)
Public utility facility.
(g)
Private recreation facility.
(h)
Church or place of worship.
(i)
Nursing home or personal care center.
(j)
Life care center.
(k)
Business and professional offices.
(l)
Gasoline service station, which may include the sale of gasoline
as an accessory use.
(m)
Shopping center.
(n)
Day care, child or adult.
(o)
Hotel or motel.
(q)
Medical facility for patient care that is supplementary to normal
hospital services, but not including a hospital.
(r)
Hospital.
(s)
Cyber charter school campus.
(t)
Conference center.
(u)
Treatment center.
(v)
Exercise/health/tennis clubs.
(w)
Fire or ambulance station.
(4)
Immediately after filing, the application and plans
shall be referred to the Township Planning Commission for review.
(5)
Planning Commission.
(a)
The Planning Commission shall be provided with
an opportunity, within 45 days of receipt of the application and plan,
to review it and submit at least a preliminary recommendation to the
Board of Supervisors. The absence of action on the part of the Planning
Commission within the specified time shall not by itself delay action
by the Board of Supervisors.
(b)
Any revisions to the conditional use submission
that the Zoning Officer determines to be substantial after the filing
of the application shall be offered to the Township Planning Commission
for review. In such event, the Zoning Officer shall seek to secure
from the applicant a sixty-day written extension of the date within
which the Supervisors must hold a public hearing. If the applicant
fails to submit such written extension, then the Board of Supervisors
shall decide the conditional use application based upon the application
and plans as originally filed.
(6)
The Board of Supervisors shall hold a public hearing
on the conditional use application in accordance with the following
procedures:
(a)
Notice of the hearing shall be given to the
public by publication once each week for two successive weeks in a
newspaper of general circulation in the Township. Such notice shall
state the time and place of the hearing and the particular nature
and matter to be considered at the hearing. The first such notice
shall be published not more than 30 days before the hearing and the
second notice shall be published not less than seven days before the
hearing. Notice of the hearing shall also be conspicuously posted
on the affected tract of land. Notice of the Planning Commission meeting(s)
at which the application will be discussed and of the hearing shall
be given to the applicant, the Zoning Officer, the Planning Commission,
the Board of Supervisors, property owners within 1,000 feet of the
subject property and any other persons or group, including civic or
community organizations who have made a timely request for such notice
by personally delivering or mailing a copy of the published notice.
The notice shall be mailed by the Township at least 30 days prior
to the date of the hearing by first class mail to the addresses to
which the real estate tax bills are sent for all real property, as
evidenced by tax records within the possession of the Township. A
good faith effort and substantial compliance shall satisfy the requirements
of this subsection. If the subject property is within 1,000 feet of
the Township boundary, the adjoining municipality shall be notified.
The Board of Supervisors shall schedule and hold a public hearing
on the application within 60 days from the date of receipt of the
applicant's application, unless the applicant has agreed in writing
to an extension of time. Each subsequent hearing before the Board
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant in writing or on the record. An applicant
shall complete the presentation of his case-in-chief (the part of
the hearing in which the applicant presents evidence to support his
or her claim or defense) within 100 days of the first hearing. Upon
the request of the applicant, the Board shall assure that the applicant
receives at least seven hours of hearings within the 100 days, including
the first hearing. Persons opposed to the application shall complete
the presentation of their opposition to the application within 100
days of the first hearing held after the completion of the applicant's
case-in-chief. An applicant may, upon request, be granted additional
hearings to complete his case-in-chief, provided the persons opposed
to the application are granted an equal number of additional hearings.
Persons opposed to the application may, upon the written consent or
consent on the record by the applicant and the Township, be granted
additional hearings to complete their opposition to the application,
provided the applicant is granted an equal number of hearings for
rebuttal.
[Amended 10-29-2002 by Ord. No. 129-Q-02; 10-21-2003 by Ord. No. 129-L-03; 9-19-2006 by Ord. No. 129-E-06]
(b)
The parties to the hearing shall be the Township,
any person affected by the application who has made timely appearance
of record before the Board of Supervisors and any other person, including
civic or community organizations, permitted to appear by the Board.
The Board shall have the power to require that all persons who wish
to be considered parties enter written appearances on forms provided
by the Board for that purpose.
(c)
The Chairman or Acting Chairman of the Board
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant documents
and papers, including witnesses and documents requested by the parties.
(d)
Formal rules of evidence shall not apply, but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
(e)
The Board of Supervisors may, but is not required
to, keep a stenographic record of the proceedings and a transcript
of the proceedings. The Township shall keep minutes of a conditional
use hearing and copies of the graphic or written material received
in evidence, copies of which shall be made available to any party
at that party's cost.
(f)
The Board of Supervisors shall render a written decision within 45 days after the last hearing before the Board, unless a written extension is provided by the applicant. Where the application is contested or denied, the decision should be accompanied by findings of fact and/or conclusions based thereon, together with reasons therefor. If, after the conclusion of the public hearings, the application is amended or revised, the Board shall hold one or more public hearings thereon as may be necessary and shall issue a new decision thereon in conformance with the procedure established in this section. In the event the Board fails to render the decision within the period required by this section, or fails to commence, conduct or complete the required hearings as provided in this § 240-31B(6), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this section. If the Board shall fail to provide such notice, the applicant may do so.
[Amended 10-21-2003 by Ord. No. 129-L-03]
(g)
Notice of decision. A copy of the final decision
or, where no decision is called for, a copy of the findings shall
be delivered to the applicant personally or mailed to him not later
than the day following the date of the decision. To all persons who
have filed their names and addresses by the last day of the hearing
with the Board of Supervisors, the Supervisors shall provide (in person,
by mail or otherwise), not later than the day following the date of
the decision, a brief notice of the decision or findings and a statement
of the place where the full decision or findings may be examined.
[Amended 7-21-2009 by Ord. No. 129-H-09]
(7)
The Board of Supervisors, at its discretion, may require that the applicant provide special studies as are reasonably necessary to determine the impact of the development on the Township. The Board shall require an applicant to submit a pipeline awareness study for the uses specified in § 240-31B(3) above.
[Amended 7-20-2021 by Ord. No. 129-F-2021]
(8)
In approving or denying a conditional use or establishing conditions with reference to such approval, the Board of Supervisors, at a minimum, shall use those standards set forth in Subsection C.
(a)
The burden of establishing compliance with those
enumerated standards shall be upon the applicant by a fair preponderance
of the credible evidence, unless any rule of law shifts that burden
to protesters.
(b)
The standards required by Subsection C shall be deemed a part of the definitional aspect under which a conditional use may be granted. The failure of the applicant to establish compliance with all the standards shall constitute sufficient basis for denial of the application.
(c)
The Board of Supervisors shall render a written
decision or, when no decision is called for, make written findings
on the conditional use application within 45 days after the last hearing
before the Supervisors. Where the application is contested or denied,
each decision shall be accompanied by findings of fact or conclusions
based thereon, together with any reasons therefor. Conclusions based
on any provisions of this chapter or of any ordinance, rule or regulation
shall contain a reference to the provision relied upon and the reasons
why the conclusion is deemed appropriate in light of the facts found.
(d)
Where the Board of Supervisors fails to render
the decision within the period required by this subsection, or fails
to hold the required hearing within 60 days after the date of the
applicant's written request for a hearing, the decision shall be deemed
to have been rendered in favor of the applicant unless the applicant
has agreed, in writing or on the record, to an extension of time.
When the decision has been rendered in favor of the applicant because
of the failure of the Board of Supervisors to meet or render a decision
as hereinabove provided, such Board shall give public notice of the
decision within 10 days from the last day it could have met to render
a decision in the same manner as required by the public notice requirements
of state law. If the Board fails to provide such notice, the applicant
may do so.
(e)
Nothing in this subsection shall prejudice the
right of any party opposing the application to appeal the decision
to a court of competent jurisdiction. A copy of the final decision
or, where no decision is called for, a copy of the findings, shall
be delivered to the applicant personally or mailed to him/her no later
than the day following its date.
(9)
Nothing in this section shall be construed to relieve the applicant for a conditional use from obtaining other required approvals mandated by Chapter 205, Subdivision and Land Development, or other applicable ordinances.
(10)
Appeals from a determination of the Board of
Supervisors pursuant to any application for conditional use shall
be as prescribed by the applicable provisions of the Pennsylvania
Municipalities Planning Code.
(11)
In granting an application for conditional use,
the Board of Supervisors may attach such additional reasonable conditions
and safeguards as it deems necessary and appropriate to ensure compliance
with the provisions of this chapter; to protect the health, safety
and general welfare of the community; and to ensure compatibility
and avoid nuisances among nearby uses.
(12)
The Board of Supervisors may impose such conditions
regarding layout, circulation and performance as it deems necessary
to ensure that any proposed development will substantially secure
the objectives of this chapter, and to ensure compliance with related
state and federal regulations.
(13)
Unless otherwise specified by the Board, a conditional
use approval shall expire within 12 months from the date of authorization
if the applicant fails to obtain any needed approval or continues
to actively seek approval of development plans submitted to the Township,
and fails to obtain any required building permit.
(a)
Conditional use approval must be obtained prior
to the submission of a subdivision and/or land development to the
Township, unless such requirement is waived by the Planning Commission.
(b)
Conditional use approval shall not be transferred
from one party to another without notification to the Board of Supervisors.
[Amended 2-17-2009 by Ord. No. 129-B-09]
(14)
Signs. The Board of Supervisors shall review
all signs that are to be associated with a proposed conditional use,
and either approve or deny such signs at the same time the Board of
Supervisors is reviewing the conditional use.
C.
Standards for conditional uses and special exception
uses and certain permitted-by-right uses.
(1)
Overall. In considering a conditional use or special exception use application, the Board of Supervisors or Zoning Hearing Board, as applicable, shall consider all of the following standards as well as any other standards that may be listed for the proposed use [see Subsection B(11) concerning additional conditions that may be imposed by the Board of Supervisors]. (See also Article IX, concerning additional conditions that may be placed by the Zoning Hearing Board).
(2)
Standards for conditional uses and special exception
uses. All conditional uses and all special exception uses shall comply
with the following standards:
(a)
Not create a significant hazard to the public
health and safety, including but not limited to fire, toxic or explosive
hazards.
(b)
Be suitable for the property in question.
(c)
Be designed, constructed, operated and maintained
so as to be in harmony with the character of the existing or intended
development of the general vicinity.
(d)
Not be detrimental to other property in the
vicinity, including proper use of adequate setbacks, buffering, berming,
locating of nuisance-causing facilities, screening and controls of
operations to avoid conflicts. Where, in the opinion of the Board
of Supervisors, the distance of setbacks and/or the methods of screening
and buffering otherwise established by this chapter would be insufficient,
additional screening, buffering and/or widths of setbacks shall be
required as a condition of any approval.
(e)
Be suitable in terms of permitting the logical,
efficient and economic extension of public services and facilities
such as central water supply, sanitary sewage and police and fire
protection. The applicant shall prove that there is adequate access
for fire-fighting and other emergency service equipment. The Board
of Supervisors may establish additional conditions on approval to
ensure such access, such as sufficient turning radii and cartway width
for such equipment, the provision of adequate access for fire fighters
to reach all sides of buildings and the provision of paved or compacted
surfaces sufficient to support the weight of fire equipment.
(f)
After considering any traffic improvements that
the applicant may legally commit to fund or construct shall not create
significant traffic safety hazards or cause serious traffic congestion.
[1]
The applicant for a conditional use shall establish
the effect of the proposed development on the reserve capacity of
the public streets and street intersections providing access to and
in the area of the subject property.
[2]
Where a traffic study is required under this
chapter or another Township ordinance, such study shall be submitted
at the same time as the conditional use application.
[3]
If a traffic study is required, the applicant
shall prove that the level of service of unsignalized and signalized
intersections adjacent to the applicant's property will be adequate
to serve the proposed development. To prove such adequacy, the applicant
shall prove that intersections intended to provide motor vehicle egress
and/or ingress to the proposed development shall not fall below the
Level of Service D as specified in the 1994 Highway Capacity Manual
published by the Transportation Research Board, or its successor publication.
[a]
The Board of Supervisors may waive the criteria in Subsection C(2)(f)[3] above if they find such waiver to be in the public interest, safety and general welfare.
[b]
The above Subsection C(2)(f)[3] shall not be construed to preclude improvement of such intersections to attain a Level of Service D or better.
[4]
The applicant shall prove that any improvements
proposed to adjacent segments of streets will be sufficient to obviate
adverse traffic impacts caused by the development, and to protect
the traveling public.
[5]
The applicant shall prove that facilities for
ingress and egress will be so located and so designed to provide safe
access to adjoining streets and to avoid unnecessary traffic through
existing residential neighborhoods.
(g)
Minimize adverse impacts upon the preservation
and restoration of any historic building(s) on the subject property.
(h)
Properly locate and design the proposed structures
and other improvements to minimize disruption to existing natural
topography, waterways, ponds, groundwater recharge, woods and other
important natural resources on the site.
(3)
Specific standards for specific principal uses (including but not limited to conditional uses and special exception uses). Each of the following principal uses shall meet the following additional specific standards. In addition, each conditional or special exception use shall meet the general standards in Subsection C(2). The following specific standards shall be met for the applicable use, unless a more restrictive standard is established by another section of this chapter:
(a)
Adult use. (This is limited to the following:
adult store, adult movie theater, massage parlor or adult live entertainment
use.)
[1]
Objectives.
[a]
Because adult entertainment uses
tend to bring with them secondary concerns that impact on the health,
safety and general welfare concerns of the Township, the Township
desires to restrict or limit the location where such uses can locate.
[b]
The Township does not intend to
effect or suppress any activities protected by the First Amendment
of the United States Constitution, but instead address these secondary
effects. Neither is it the intent nor effect of the provisions of
this chapter to condone or legitimize the distribution of obscene
material.
[c]
Based on evidence concerning the
adverse secondary effects of adult uses on the community presented
in hearings and in reports made available to the Board of Supervisors,
and on findings incorporated in the cases of City of Renton v. Playtime
Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres,
426 U.S. 50 (1976) and Northend Cinema, Inc. v. Seattle, 585 P.2d
1153 (Wash. 1978), and on studies in other communities, including
but not limited to Phoenix, Arizona; Minneapolis, Minnesota; Saint
Paul, Minnesota; Manatee County, Florida; Houston, Texas; Indianapolis,
Indiana; Amarillo, Texas; Los Angeles, California; Austin, Texas;
Seattle, Washington; Oklahoma City, Oklahoma; and Beaumont, Texas;
and also on findings found in the Report of Attorney General's Working
Group on the Regulation of Sexually-Oriented Businesses, (June 6,
1989, State of Minnesota), the Board of Supervisors finds:
[i]
Sexually-oriented businesses lend
themselves to ancillary unlawful and unhealthy activities that may
go uncontrolled by the operators of the establishments. Further, there
is presently no mechanism to make the owners of these establishments
responsible for the activities that occur on their premises.
[ii]
Certain employees of sexually-oriented
businesses, defined in this chapter as adult theaters and cabarets,
engage in higher incident of certain types of sexually-oriented behavior
at these businesses than employees of other establishments.
[iii]
Sexual acts, including masturbation,
oral sex and anal sex, occur at sexually-oriented businesses, especially
those which provide private or semiprivate booths or cubicles for
viewing films, videos or live sex shows, as defined under this chapter
as adult book stores, adult novelty shops, adult video stores, adult
motion picture theaters or adult arcades.
[iv]
Offering and providing such space
encourages such activities, which create unhealthy conditions.
[v]
Persons frequent certain adult
theaters, adult arcades and other sexually-oriented businesses for
the purpose of engaging in sex within the premises of such sexually-oriented
businesses.
[vi]
At least 50 communicable diseases
may be spread by activities occurring in sexually-oriented businesses,
including but not limited to syphilis, gonorrhea, human immunodeficiency
virus infection (AIDS), genital herpes, hepatitis B, Non B amebiasis,
salmonella infections and shigella infections.
[vii]
Since 1981 and to the present,
there has been an increasing cumulative number of reported cases of
AIDS caused by the human immunodeficiency virus (HIV) in the United
States — 600 in 1982, 2,200 in 1983, 4,600 in 1984,
8,555 in 1985 and 253,448 through December 31, 1992.
[viii]
As of May 1, 1995, there have
been 13,559 reported cases of AIDS in the State of Pennsylvania.
[ix]
Since 1981 and to the present,
there have been an increasing cumulative number of persons testing
positive for the HIV antibody test in Delaware County, Pennsylvania.
[x]
The number of cases of early (less
than one year) syphilis in the United States reported annually has
risen, with 33,613 cases reported in 1982, and 45,200 cases reported
through November of 1990.
[xi]
The number of cases of gonorrhea
in the United States reported annually remains at a high level, with
over one-half million cases being reported in 1990.
[xii]
The surgeon general of the United
States, in his report of October 22, 1986, has advised the American
public that AIDS and HIV infection may be transmitted through sexual
contact, intravenous drug abuse, exposure to infected blood and blood
components and from an infected mother to her newborn.
[xiii]
According to the best scientific
evidence, AIDS and HIV infection, as well as syphilis and gonorrhea,
are principally transmitted by sexual acts.
[xiv]
Sanitary conditions in some sexually-oriented
businesses are unhealthy, in part, because the activities conducted
there are unhealthy, and, in part, because of the unregulated nature
of the activities and the failure of the owners and the operators
of the facilities to self-regulate those activities and maintain those
facilities.
[xv]
Numerous studies and reports have
determined that semen is found in the areas of sexually-oriented businesses
where persons view adult-oriented films.
[xvi]
The findings noted in Subsections
C(3)(a)[1][c](i) through (xv) raise substantial governmental concerns.
[d]
The purposes of these conditional
use provisions include to minimize, where conditions permit, the secondary
concerns which include difficulties for law enforcement, municipal
maintenance, trash, deleterious effects on business and residential
property values, increased crime, particularly corruption of the morals
of minors and prostitution, and encourage residents and businesses
to move elsewhere.
[2]
Setback. No adult use shall be located within
1,000 linear feet of any of the following:
[3]
Buffer. A thirty-foot-wide buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with Article V, but with plantings of an initial minimum height of five feet.
[5]
Other laws.
[a]
No such use shall be used for any
purpose that violates any federal, state or Township law.
[b]
Definite precautions shall be taken
to prohibit minors from entering the premises.
[c]
The use shall not include the sale
or display of obscene materials, as defined by state law, as may be
amended by applicable court decisions.
[d]
No use may include live actual
or simulated sex acts or any sexual contact between entertainers or
between entertainers and customers.
[e]
Only lawful massages as defined
by state court decisions shall be performed in a massage parlor.
[6]
Operations.
[a]
No such use shall be allowed in
combination with the sale of alcoholic beverages.
[b]
All persons within any adult use
shall wear nontransparent garments that cover their genitals and the
female areola, except within a permitted lawful adult live entertainment
use.
[c]
For public health reasons, private
or semiprivate viewing booths of any kind are prohibited. This specifically
includes, but is not limited to, booths for viewing adult movies or
nude dancers. No room of any kind accessible to customers shall include
less than 150 square feet.
[7]
Location. These uses are specifically prohibited
in all districts except within a district where the use may specifically
be permitted by another section of this chapter.
[8]
Lot area. A minimum lot area of one acre is
required.
[9]
Notice. Notice of the Planning Commission meeting(s)
at which the application will be discussed and of the hearing shall
be given to the applicant, the Zoning Officer, the Planning Commission,
the Board of Supervisors, property owners within 1,000 feet of the
subject property and any other persons or group, including civic or
community organizations who have made a timely request for such notice
by personally delivering or mailing a copy of the published notice.
The notice shall be mailed by the Township at least 30 days prior
to the date of the hearing by first class mail to the addresses to
which the real estate tax bills are sent for all real property, as
evidenced by tax records within the possession of the Township A good
faith effort and substantial compliance shall satisfy the requirements
of this subsection. If the subject property is within 1,000 feet of
the Township boundary, the adjoining municipality shall be notified.
[Amended 9-19-2006 by Ord. No. 129-E-06]
[10]
Ownership. Any application for such use shall
state the legal names, home addresses and home phone numbers of all
individuals intended to have more than a five-percent ownership in
such use or in a corporation owning such use, and of the on-site manager
responsible for ensuring compliance with this chapter. Such information
shall be updated twice a year, in writing, to the Zoning Officer.
(d)
Automobile dealer/sales. The parking and/or
storage of vehicles within the required front yard shall be prohibited.
(e)
Automotive repair and service establishment.
[1]
All automotive parts and damaged vehicles shall
be stored overnight within a completely enclosed building.
[2]
All activities such as painting and repair work
shall be performed within a completely enclosed building with ventilation
and fume control or measures taken as required by state and federal
regulations.
(f)
Boardinghouse (or rooming house).
[1]
Minimum lot area: one acre.
[2]
Minimum principal building setback from all
lot lines: 50 feet.
[3]
Minimum lot width: 200 feet.
[4]
Maximum density: four sleeping rooms per acre.
[5]
Each sleeping room shall be limited to two persons
each.
[6]
A twenty-foot-wide buffer yard with screening meeting Article V shall be provided between any boardinghouse building and any abutting single-family detached dwelling that is within 100 feet of the proposed boardinghouse building.
[7]
Interior space: a minimum of 300 square feet
of interior floor space per resident.
[8]
Maximum number of residents: 15.
[9]
See also standards for personal care home which
is a separate use.
[10]
Signs shall be limited to two wall signs with
a maximum of two square feet each.
[11]
Rooms shall be rented for a minimum period of
five consecutive days.
[12]
The owner or his agent shall reside on the lot.
(g)
Church, place of worship or philanthropic or
religious institutions. No hospital, sanitarium, penal or corrective
institution shall be permitted under this use.
(h)
Wireless communications facilities.
[Amended 4-7-1998 by Ord. No. 119-B-98; 5-7-2002 by Ord. No. 129-K-02; 12-7-2004 by Ord. No. 129-T-04; 9-19-2006 by Ord. No. 129-E-06; 2-17-2009 by Ord. No. 129-D-09; 8-16-2011 by Ord. No. 129-H-11; 10-4-2011 by Ord. No. 129-J-11; 9-25-2012 by Ord. No. 129-H-2012; 7-16-2013 by Ord. No.
129-B-2013]
[1]
Purpose. The purpose of this subsection and the standards established
herein are to govern the use, construction and siting of wireless
communications facilities in recognition of the nature of wireless
communications systems and the Federal Telecommunications Act of 1996,
as amended from time to time. These regulations are intended to:
[a]
Accommodate the need for wireless communications
facilities while regulating their location and number so as to ensure
the provision for necessary services.
[b]
Minimize the adverse visual effects and the number
of such facilities through proper design, siting, screening, material,
color and finish, and by requiring that competing providers of wireless
communications services co-locate their commercial communications
antennas and related facilities on existing towers if possible.
[c]
Ensure the structural integrity of commercial communications
antenna support structures through compliance with applicable industry
standards and regulations, including the Township's Building Code.
[d]
Promote the health, safety and welfare of the Township's
residents.
[1.1]
Small wireless facilities. Wireless communications
facilities that qualify as small wireless facilities as has been defined
by the Federal Communications Commission are governed by a separate
ordinance, and related design criteria, as adopted by the Township
to address small wireless facilities. Wireless communications facilities
that fall under the definition of "small wireless facilities" are
governed and controlled by the small wireless facilities ordinance[2] and approved design criteria. Small wireless facilities
are not subject to the provisions of this subsection.
[Added 12-7-2021 by Ord. No. 129-I-2021]
[2]
Standards for commercial communications antenna erected on a
commercial communications support structure. All applicants seeking
to construct, erect, relocate or alter a commercial communications
support structure shall comply with the following regulations. Applicants
seeking to modify and/or co-locate on an existing wireless telecommunications
facility or existing wireless support structure that has been previously
approved for wireless telecommunications shall not be subject to the
conditional use procedures set forth in this section, provided that
the modification and/or co-location meet all of the requirements of
the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1
et seq., including the definitions of "collocation" and "modification"
in such Act. A written narrative that addresses how the applicant
will meet each of the regulations listed below shall be submitted
with the conditional use application.
[a]
Location and height.
[i]
Permissible locations. Wireless communications
facilities must be located on property within the following zoning
districts where permitted by right or as a conditional use and only
in such location within that district and at a minimum height necessary
to satisfy their function in the applicant's wireless communications
system. The zoning districts in which wireless communications facilities
are permitted by conditional use are the BP and I-1 Districts. Wireless
communications facilities are also permitted by right on Township-owned
property in the C-2 District.
[ii]
Maximum heights. No commercial communications
antenna support structure serving a single provider shall be taller
than 120 feet, measured from undisturbed ground level, unless the
applicant proves that another provider of wireless communications
services has agreed to co-locate commercial communications antenna(s)
on the applicant's commercial communications antenna support structure.
In such case, the commercial communications antenna support structure
shall not exceed 150 feet. No applicant shall have the right under
these regulations to erect a tower to the maximum height specified,
unless it proves the necessity for such height. The applicant shall
demonstrate that the proposed height of the commercial communications
antenna support structure and the commercial communications antennas
intended to be attached thereto is the minimum height required to
provide satisfactory service for wireless communications.
[b]
Conditional use application.
[i]
Site plan. A site plan shall be submitted with the conditional use application which shows all existing and proposed structures and improvements, including but not limited to the commercial communications antenna(s), commercial communications antenna support structure, building, fencing, landscaping, parking, ingress and egress. In addition, the site plan shall show each of the contiguous properties, identified by tax parcel number and owner, depicting all buildings and structures located on such properties and their principal and/or accessory uses. The plan shall comply with the requirements for a final plan as set forth in Chapter 205, Subdivision and Land Development.
[ii]
Miscellaneous information and reports. The conditional
use application shall be accompanied by the following:
[A]
A propagation study demonstrating that there is
a substantial gap in coverage for the provider;
[B]
A description of the type and manufacturer of the
proposed transmission/radio equipment;
[C]
A study demonstrating compliance with the noise standards in Chapter 156 of the Code of Ordinances. In instances where there are multiple carriers or multiple equipment boxes proposed to be built on one site, the applicant must demonstrate that the cumulative noise from all carriers' equipment shall comply with the noise standards of Chapter 156 of the Code of Ordinances;
[Amended 11-15-2022 by Ord. No. 129-G-2022]
[D]
The name, address and contact information for the
primary and secondary contact person responsible for the facility
operation and maintenance;
[E]
A report which addresses the potential impacts
associated with constructing the facility and possible mitigation
measures if negative impacts are expected to occur on surrounding
properties;
[F]
A report from a registered professional engineer
that confirms that the radiofrequency emissions from the proposed
facility will comply with the Federal Communications Commission standards;
[G]
A certificate of insurance issued to the owner/operators,
evidencing that there is or will be adequate current liability insurance
in effect insuring against liability for personal injuries and death
and property damage caused by the land site and the proposed facilities;
[H]
A copy of the lease or other written agreement
with the property owner confirming that the applicant has standing
to file the application and maintain the proposed facility on the
subject property.
[iii]
Licensing and applicable regulations. If the
applicant is a commercial wireless communications company, it must
demonstrate that it is licensed by the Federal Communications Commission
(FCC) and submit with the conditional use application copies of all
FCC permits and licenses. All such information shall be accompanied
by a certification signed by an officer of the applicant providing
that, after due inquiry, the information being supplied is true and
correct to the best of their knowledge, information and belief.
[iv]
Section 106. The applicant shall provide proof
to the Township that it has complied with Section 106 of the National
Historic Preservation Act, 16 U.S.C. § 470f, as amended,
and has reviewed the effects of the proposed wireless communications
facilities on local historic resources that are included in or eligible
for inclusion in the National Register of Historic Properties.
[v]
Maintenance. During the conditional use hearing,
the applicant shall describe anticipated maintenance needs, including
frequency of service, personnel needs, equipment needs and the traffic
safety and noise impacts of such maintenance. If approved, the applicant
shall be responsible for maintaining the commercial facility in the
manner described in the hearing.
[vi]
Co-location. Prior to the Board's approval of
a conditional use authorizing the construction and installation of
a commercial communications antenna support structure (tower) it shall
be incumbent upon the applicant to prove to the reasonable satisfaction
of the Board that the applicant cannot adequately extend or infill
its communications system by the use of equipment such as repeaters,
antenna(s) and other similar equipment installed on existing structures,
such as utility poles, existing commercial communications support
structures, and other available tall structures. The applicant shall
demonstrate that it has contacted the owners of structures of suitable
location and height within a one-mile radius of the site proposed,
has asked for permission to install the commercial communications
antenna(s) on those structures and has been denied such permission.
The Board of Supervisors may deny an application to construct a new
commercial communications antenna support structure if the applicant
has not made a good faith effort to mount the commercial communications
antenna(s) on an existing structure as set forth in this section.
[c]
Building permit required. Upon approval of the
conditional use application, the applicant shall apply for and obtain
a building permit prior to the erection of the commercial communications
support structure.
[i]
Soil report. A soil report complying with the standards
of Geotechnical Investigations, ANSI/EIA-222-E, as amended, shall
be submitted to the Township Engineer to document and verify the design
specifications of the foundation for the commercial communications
antenna support structure, and anchors for the guy wires, if used.
[ii]
Certification by engineer. Prior to the Township's
issuance of a permit authorizing construction and erection of a commercial
communications antenna support structure, a structural engineer registered
in Pennsylvania shall issue to the Township a written certification
of its ability to meet the structural standards offered by either
the Electronic Industries Association or the Telecommunication Industry
Association, and certify the proper construction of the foundation
and the erection of the commercial communications antenna support
structure.
[d]
Wireless communications equipment building or pad.
Either one single-story wireless communications equipment building
not exceeding 500 square feet in area, or a concrete pad not exceeding
500 square feet in area that houses the equipment necessary for the
proper functioning of the tower and commercial communications antenna(s)
may be located on the property where the tower is located. This pad
must be set back a minimum of 10 feet from any property line, and
the combined height of the pad and any structures erected on such
pad may not exceed 12 feet. Each unrelated company sharing commercial
communications antenna(s) space on the tower may have its own building
or pad, provided that the total area of all buildings or pads on the
site shall not exceed 500 square feet, unless otherwise approved by
the Board.
[e]
Other facilities. With the exception of the wireless
communications equipment building or pad housing the equipment necessary
for the proper functioning of the tower and commercial communications
antenna(s), all other uses ancillary to commercial communications
antenna(s) and commercial communications antenna support structures,
including but not limited to a business office, mobile telephone switching
office, maintenance depot and vehicular storage area shall not be
located on any land site, unless otherwise permitted by the applicable
district regulations in which the site is located.
[f]
Utilities. All utilities required for the facility
shall be located underground.
[g]
Setbacks from tower base. The minimum setback for
the tower base shall comply with the minimum setbacks established
for the zoning district in which the tower is located.
[h]
Antenna support structure safety. The applicant
shall demonstrate that the proposed commercial communications antenna(s)
and commercial communications antenna support structure are designed
and constructed in accordance with all applicable building standards
for such facilities and structures, including but not limited to the
standards developed by the Electronics Industry Association, the Institute
of Electrical and Electronics Engineer, the Telecommunications Industry
Association, the American National Standards Institute, the Electrical
Industry Association and the Township's applicable Building Code.
The applicant shall demonstrate that the proposed wireless communications
facility is designed in such a manner so that no part of the facility
will attract/deflect lightning onto adjacent properties.
[i]
Fencing. A security fence having a minimum height
of six feet shall be required around the antenna support structure
and other equipment.
[j]
Landscaping. Unless prohibited by federal or state
laws, the following landscaping shall be required to screen as much
of a newly constructed commercial communications antenna support structure
as possible. The Board of Supervisors may permit any combination of
existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if, in the discretion of the Board
of Supervisors, they achieve the same degree of screening as the required
landscaping.
[i]
An evergreen screen shall be required to surround the commercial
communications antenna support structure. The screen can be either
a hedge planted three feet on center maximum or a row of evergreen
trees planted 10 feet on center maximum. The evergreen screen shall
be a minimum planted height of six feet at planting and shall be capable
of growing to a minimum of 15 feet at maturity.
[ii]
Existing vegetation on and around the land site
shall be preserved to the greatest extent possible.
[iii]
The landscaping shall be maintained by the applicant
for as long as the facility is in operation.
[k]
Design. In order to reduce the number of commercial
communications antenna support structures in the Township in the future,
the proposed commercial communications antenna support structure shall
be designed to accommodate other potential communication users, including
but not limited to commercial wireless communication companies, local
police, fire and ambulance companies.
[l]
Proof of annual inspection.
[i]
Annually, the owner of a commercial communications
antenna support structure shall submit to the Township proof of the
annual inspection of the commercial communications antenna support
structure and commercial communications antenna(s) by an independent
professional engineer as required by the ANSI/EIA/TIA-222-E Code.
Based upon the results of such inspection, the Board of Supervisors
may require removal or repair of the wireless communications facility.
[ii]
In the event that the annual inspection referred to above is not performed in a timely manner or if the owner of the wireless communications facility fails to make the necessary repairs or to remove the facility when directed by the Board the owner shall be subject to civil enforcement proceedings in accordance with § 240-54.
[m]
Required parking. If the wireless communication
facility is fully automated, a minimum of two spaces shall be provided
unless the applicant demonstrates to the satisfaction of the Board
of Supervisors that adequate parking is available. If the wireless
communication facility is not fully automated, the number of required
parking spaces shall equal the number of employees present at the
wireless communication facility during the largest shift.
[n]
Visual appearance. Commercial communications antenna
support structures shall be painted silver, or another color approved
by the Board, or shall have a galvanized finish. All wireless communications
equipment buildings and other accessory facilities shall be aesthetically
and architecturally compatible with the surrounding environment and
shall maximize the use of a like facade to blend with the existing
surroundings and neighboring buildings to the greatest extent possible.
[o]
Signs. No sign or other structure shall be mounted
on the wireless communications facility, except as may be required
by the FCC, FAA or other governmental agency.
[p]
Lighting. Commercial communications antenna support
structures shall meet all Federal Aviation Administration (FAA) regulations.
No commercial communications antenna support structure may be artificially
lighted except when required by the FAA or other governmental authority.
When lighting is required by the FAA or other governmental authority,
it shall be limited to the minimum lumens and number of lights so
required and it shall be oriented inward so as not to project onto
surrounding properties. The applicant shall promptly report any outage
or malfunction of FAA mandated lighting to the appropriate governmental
authorities and to the Township Secretary.
[q]
Abandonment. If use of the wireless communications facility is abandoned, or if the wireless communications facility is not in use for a period of six months or longer, the owner shall demolish and/or remove the wireless communications facility from the land site within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the wireless communications facility. In the event that the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings in accordance with § 240-54C.
[r]
Interference. In the event that the wireless communications facility causes interference with the radio or television reception of any Township resident for a period of three continuous days, the resident shall notify the applicant of such interference and the applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event that the interference is not corrected in a timely manner, the applicant shall be subject to the civil enforcement proceedings in accordance with § 240-54C.
[s]
Annual report. In January of each year, the owner
of any wireless communications facility shall pay the registration
fee as established from time to time by resolution of the Board of
Supervisors and shall provide the Township with the following information.
[i]
The names and addresses of the owner of the wireless
communications facility and any organizations utilizing the wireless
communications facility and telephone numbers of the appropriate contact
person in case of emergency.
[ii]
The name and address of the property owner on
which the wireless communications facility is located.
[iii]
A certification that the wireless communications
facility is continuing to comply with this chapter and all applicable
governmental regulations, including but not limited to output and
emission limits established by the FCC.
[iv]
Changes occurring with respect to any of the information required above shall be reported to the Township, in writing, within 10 days of the effective date of such changes. The failure to supply the annual report by the close of January shall result in the issuance of an enforcement notice in accordance with § 240-54.
[3]
Standards for commercial communications antenna erected on an
existing structure.
[a]
In all zoning districts, an applicant may, upon conditional use approval being granted by the Board, locate commercial communications antenna and their support members (but not a commercial communications antenna support structure) on an existing smokestack, utility pole, water tower, commercial or industrial building or any similar tall structure pursuant to the conditional use procedures of § 240-31C(3)(h).
[b]
If the proposed co-location is on an existing structure that has previously been approved for the installation of commercial communications antenna and their support members, the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.4(c) shall govern and no conditional use approval shall be necessary to co-locate commercial communications antenna and their support members. Any modification or co-location that substantially changes an existing wireless support structure is specifically excluded from this exception and shall proceed through the conditional use procedures of § 240-31C(3)(h). All applications for co-location on or modification to an existing wireless telecommunication facility or wireless support structure shall contain: 1) information responsive to the applicable building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment; 2) documents demonstrating the application meets all of the requirements of and is entitled to be processed under the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.4(c); 3) such other information and documents as specified on the Township's application form; and 4) the appropriate filing fee, as may be set from time to time by the Township Board of Supervisors by resolution. The application review procedure for the proposed modification and/or co-location shall be that set forth in the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.4(b).
[c]
All applicants seeking to construct, erect, or
locate a commercial communications antenna on an existing structure
that has not been previously approved for the installation of commercial
communications antenna and their support members shall comply with
the following regulations. A written narrative that addresses how
the applicant will meet each of the regulations listed below shall
be submitted with the conditional use application.
[i]
Location and height.
[A]
The commercial communications antenna must be located
on an existing structure. For purposes of this subsection, in order
to constitute an existing structure, the structure must be one that
was constructed and/or erected prior to April 7, 1998.
[B]
Steeple exception to existing structure requirement.
The applicant may, upon conditional use approval being granted by
the Board of Supervisors, install a commercial communications antenna
in any zoning district, in accordance with the provision of this section
provided the commercial communications antenna shall be located entirely
within a steeple located on a place of worship and no portion of the
antenna shall be visible from the outside.
[C]
Limitations on height. In no event shall mounted
commercial communications antenna(s) extend more than 25 feet above
the height of the existing structure. The applicant shall demonstrate
that the proposed height of the commercial communications antenna
is the minimum height required to provide satisfactory service for
wireless communications.
[ii]
Conditional use.
[A]
Site plan. A site plan shall be submitted with the conditional use application which shows all existing and proposed structures and improvements, including but not limited to the commercial communications antenna(s), the existing structure to which the commercial communications antenna(s) will be attached, building, fencing, landscaping, parking, ingress and egress. In addition, the site plan shall show each of the contiguous properties, identified by tax parcel number and owner, depicting all buildings and structures located on such properties and their principal and/or accessory uses. The plan shall comply with the requirements for a final plan as set forth in Chapter 205, Subdivision and Land Development.
[B]
Miscellaneous information and reports. The conditional
use application shall be accompanied by the following:
|
{1}
|
A propagation study demonstrating that there is a substantial
gap in coverage for the provider;
| |
|
{2}
|
A description of the type and manufacturer of the proposed transmission/radio
equipment;
| |
|
{3}
|
A study demonstrating compliance with the noise standards in Chapter 156 of the Code of Ordinances. In instances where there are multiple carriers or multiple equipment boxes proposed to be built on one site, the applicant must demonstrate that the cumulative noise from all carriers' equipment shall comply with the noise standards in Chapter 156 of the Code of Ordinances;
[Amended 11-15-2022 by Ord. No. 129-G-2022] | |
|
{4}
|
The name, address and contact information for the primary and
secondary contact person responsible for the facility operation and
maintenance;
| |
|
{5}
|
A report from a registered professional engineer that confirms
that the radiofrequency emissions from the proposed facility will
comply with the Federal Communications Commission standards.
| |
|
{6}
|
A certificate of insurance issued to the owner/operators, evidencing
that there is or will be adequate current liability insurance in effect
insuring against liability for personal injuries and death and property
damage caused by the land site and the proposed wireless communications
facilities;
| |
|
{7}
|
A copy of the lease or other written agreement with the property
owner confirming that the applicant has standing to file the application
and maintain the proposed facility on the subject property.
|
[C]
Licensing and applicable regulations. If the applicant
is a commercial wireless communications company, it must demonstrate
that it is licensed by the Federal Communications Commission (FCC)
and submit with the conditional use application copies of all FCC
permits and licenses. All such information shall be accompanied by
a certification signed by an officer of the applicant providing that,
after due inquiry, the information being supplied is true and correct
to the best of their knowledge, information and belief.
[D]
Section 106. The applicant shall provide proof
to the Township that it has complied with Section 106 of the National
Historic Preservation Act, 16 U.S.C. § 470f, as amended,
and has reviewed the effects of the proposed wireless communications
facilities on local historic resources that are included in or eligible
for inclusion in the National Register of Historic Properties.
[E]
Maintenance. During the conditional use hearing,
the applicant shall describe anticipated maintenance needs, including
frequency of service, personnel needs, equipment needs and the traffic
safety and noise impacts of such maintenance. If approved, the applicant
shall be responsible for maintaining the commercial communications
antenna(s) in the manner described in the hearing or as required by
the Board as part of the conditional use approval.
[iii]
Building permit required. Upon approval of the
conditional use application the applicant shall apply for and obtain
a building permit prior to the erection of the commercial communications
antenna on an existing structure. Prior to the Township's issuance
of a permit authorizing construction and erection of a commercial
communications antenna, a structural engineer registered in Pennsylvania
shall issue to the Township a written certification that confirms
that the existing structure can support the load of the proposed antenna
and all cables associated therewith.
[iv]
Wireless communications equipment.
[A]
A concrete pad not exceeding 10 feet by 20 feet
in area that contains up to three metal boxes housing the equipment
necessary for the proper functioning of the antenna may be located
on the property where the commercial communications antenna will be
located. This pad must be set back a minimum of 10 feet from any property
line, and the combined height of the pad and boxes may not exceed
eight feet. Each unrelated company having an antenna on the existing
structure may have its own concrete pad, provided that the total area
of all pads for all carriers located on the structure shall not exceed
500 square feet, unless otherwise approved by the Board.
[B]
If the commercial communications antenna is installed
on an existing utility pole, the Board may authorize the installation
of one or more cabinets on the utility pole upon which the antenna(s)
is located. The cabinets shall be located at the maximum height allowed
by the owner of the utility pole; however, in no case shall the bottom
of any cabinet be less than eight feet above ground level. The Board
shall approve the color, size and orientation of the cabinet(s) on
the pole.
[v]
Other facilities. With the exception of the wireless
communications equipment pad housing the equipment necessary to the
proper functioning of the commercial communications antenna(s), all
other uses ancillary to commercial communications antenna(s), including
but not limited to a business office, mobile telephone switching office,
maintenance depot and vehicular storage area shall not be located
on any land site, unless otherwise permitted by the applicable district
regulations in which the site is located.
[vi]
Utilities. All utilities required for the antenna
and associated ground equipment shall be located underground.
[vii]
Required parking. If the wireless communication
antenna is fully automated, a minimum of two spaces shall be provided
unless the applicant demonstrates to the satisfaction of the Board
of Supervisors that adequate parking is available. If the wireless
communication antenna is not fully automated, the number of required
parking spaces shall equal the number of employees present at the
wireless communication antenna during the largest shift.
[viii]
Safety of antenna. The applicant shall demonstrate
that the proposed commercial communications antenna(s) are designed
and constructed in accordance with all applicable building standards
for such facilities and structures, including but not limited to the
standards developed by the Electronics Industry Association, the Institute
of Electrical and Electronics Engineer, the Telecommunications Industry
Association, the American National Standards Institute, the Electrical
Industry Association and the Township's applicable Building Code.
The applicant shall demonstrate that the proposed wireless communications
facility is designed in such a manner so that no part of the facility
will attract/deflect lightning onto adjacent properties.
[ix]
Fencing. A security fence having a minimum height
of six feet shall be required around the equipment buildings or pads.
[x]
Landscaping. Unless prohibited by federal or state
law, the following landscaping shall be required to screen the equipment
building or pads. The Board of Supervisors may permit any combination
of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if, in the discretion of the Board
of Supervisors, they achieve the same degree of screening as the required
landscaping.
[A]
An evergreen screen shall be required to surround
the equipment building or pad. The screen can be either a hedge planted
three feet on center maximum or a row of evergreen trees planted 10
feet on center maximum. The evergreen screen shall be a minimum planted
height of six feet at planting and shall be capable of growing to
a minimum of 15 feet at maturity.
[B]
Existing vegetation on and around the land site
shall be preserved to the greatest extent possible.
[C]
The landscaping shall be maintained by the applicant
for as long as the facility is in operation.
[xi]
Proof of annual inspection.
[A]
Annually, the owner of a commercial communications
antenna shall submit to the Township proof of the annual inspection
of the commercial communications antenna by an independent professional
engineer as required by the ANSI/EIA/TIA-222-E Code. Based upon the
results of such inspection, the Board of Supervisors may require removal
or repair of the wireless communications facility.
[B]
In the event that the annual inspection referred to above is not performed in a timely manner or if the owner of the antenna fails to make the necessary repairs or to remove the antenna when directed by the Board, the owner shall be subject to civil enforcement proceedings in accordance with § 240-54.
[xii]
Lighting. Commercial communications antennas
shall meet all Federal Aviation Administration (FAA) regulations.
No commercial communications antenna may be artificially lighted except
when required by the FAA or other governmental authority. When lighting
is required by the FAA or other governmental authority, it shall be
limited to the minimum lumens and number of lights so required and
it shall be oriented inward so as not to project onto surrounding
properties. The applicant shall promptly report any outage or malfunction
of FAA mandated lighting to the appropriate governmental authorities
and to the Township.
[xiii]
Abandonment. If use of the wireless communications antenna is abandoned, or if the wireless communications antenna is not in use for a period of six months or longer, the owner shall remove the wireless communications antenna from the existing structure within six months of such abandonment and/or nonuse. All costs of demolition and/or removal shall be borne by the owner of the wireless communications antenna. In the event that the demolition and/or removal referred to above is not performed in a timely manner, the owner shall be subject to civil enforcement proceedings in accordance with § 240-54C.
[xiv]
Interference. In the event that the wireless communications antenna causes interference with the radio or television reception of any Township resident for a period of three continuous days, the resident shall notify the applicant of such interference and the applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event that the interference is not corrected in a timely manner, the applicant shall be subject to the civil enforcement proceedings in accordance with § 240-54C.
[xv]
Visual appearance. All wireless communications
equipment buildings and other accessory facilities shall be aesthetically
and architecturally compatible with the surrounding environment and
shall maximize the use of a like facade to blend with the existing
surroundings and neighboring buildings to the greatest extent possible.
[xvi]
Annual report. In January of each year, the owner of any wireless communications antenna shall pay the registration fee as established from time to time by resolution of the Board of Supervisors and shall provide the Township with the information specified in § 240-31C(3)(h)[2][s]. Failure to supply the annual report by the close of the following January shall result in the issuance of an enforcement notice in accordance with § 240-54.
[xvii]
Signs. No sign or other structure shall be mounted
on the wireless communications antenna, except as may be required
by the FCC, FAA or other governmental agency.
[4]
Commercial communications antennas in the public rights-of-way.
[Added 12-20-2016 by Ord.
No. 129-D-2016]
[a]
Standards for commercial communications antennas
erected in the public rights-of-way. All applicants seeking to construct,
erect, or relocate a commercial communications antenna shall comply
with the following regulations. A written narrative that addresses
how the applicant will meet each of the regulations listed below shall
be submitted with the conditional use application, unless the proposed
facility falls under the provisions of the Pennsylvania Wireless Broadband
Collocation Act.[3]
[i]
Timing of approvals. Applications for installation of any and
all commercial communications antennas shall be processed in a timely
manner and in compliance with the required time frames for municipal
review and action as established by state and federal law and regulations.
[Added 12-7-2021 by Ord. No. 129-I-2021]
[3]
Editor's Note: See 53 P.S. § 11702.1 et seq.
[b]
Conditional use application. A conditional use
application shall be completed by any applicant desiring to place
a commercial communications antenna in the public road rights-of-way
("ROW"). The application shall be submitted to the Township Zoning
Office and shall demonstrate that the proposed facility meets all
of the following specifications:
[i]
Co-location, location and siting.
[A]
Co-location. Commercial communications antennas
in the ROW shall be located on existing utility poles that already
have commercial communications antenna. If such location is not technologically
feasible, the applicant shall locate its commercial communications
antennas on existing poles that do not already have antennas attached
to them.
[B]
Location. Commercial communications antennas in
the ROW are permitted in all zoning districts subject to the restrictions
and conditions prescribed below.
[C]
Siting.
|
{1}
|
Prohibited on certain structures. Commercial communications
antennas shall not be located on any building in the ROW.
|
[D]
Design regulations.
|
{1}
|
Antenna installations located above the surface grade in the
ROW including, but not limited to, those on utility poles, shall consist
of equipment components that are no more than six feet in height and
that are compatible in scale and proportion to the structures upon
which they are mounted. All equipment shall be the smallest and least
visibly intrusive equipment feasible.
| ||
|
{2}
|
Antennas and all support equipment shall be treated to match
the supporting structure. Facilities and accompanying equipment shall
be painted, or otherwise coated, to be visually compatible with the
support structure upon which they are mounted.
| ||
|
{3}
|
Equipment location. Commercial communications antennas and accessory
equipment shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic, or to otherwise create
safety hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the ROW as determined by the Township. In addition:
| ||
|
{a}
|
Ground-mounted equipment and electrical meter cabinets shall
be screened, if deemed appropriate and if done in a manner that does
not impact sight line distances, through the use of landscaping or
other decorative features to the satisfaction of the Township.
| ||
|
{b}
|
Any proposed underground vault related to commercial communications
antennas shall be reviewed and approved by the Township.
| ||
[E]
Public safety communications. The applicant shall
submit proof that the proposed antenna will not interfere with public
safety communications or the reception of broadband, television, radio
or other communication services.
[c]
Relocation or removal. Within 60 days following
written notice from the Township, or such longer period as the Township
determines is reasonably necessary or such shorter period in the case
of an Emergency, an owner of an antenna in the ROW shall, at its own
expense, temporarily or permanently remove, relocate, change or alter
the position of any antenna when the Township, consistent with its
police powers and applicable Public Utility Commission regulations,
shall have determined that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
[d]
Financial security. Prior to receipt of a zoning
permit for the construction or placement of a commercial communications
antenna, the applicant shall provide to the Township financial security
sufficient to guarantee the removal of the proposed antenna. The applicant
shall submit an estimate of such removal costs to the Township Engineer
for review and approval of same. Said financial security shall remain
in place until the antenna is removed.
[e]
Standard of care. Any commercial communications
antenna covered by this subsection shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, and National Electrical Code. All antennas shall at all times
be kept and maintained in good condition, order and repair by qualified
maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property in the Township.
[f]
Wind. Any commercial communications antennas shall
be designed to withstand the effects of wind according to the standard
designed by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association (ANSI/EIA-222-E Code,
as amended).
[g]
Maintenance. The commercial communications antenna
shall be fully automated and unattended on a daily basis and shall
be visited only for maintenance or emergency repair. Such maintenance
shall be performed to ensure the upkeep of the facility in order to
promote the safety and security of the Township's residents. All maintenance
activities shall utilize nothing less than the best available technology
for preventing failures and accidents.
[h]
Radio frequency emissions. No commercial communications
antenna may, by itself or in conjunction with other antennas, generate
radio frequency emissions in excess of the standards and regulations
of the FCC, including but not limited to, the FCC Office of Engineering
Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines
for Human Exposure to Radio Frequency Electromagnetic Fields," as
amended.
[i]
Abandonment. In the event that use of a commercial
communications antenna is discontinued, the owner shall provide written
notice to the Township of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned antennas or
shall be removed as follows:
[i]
All abandoned or unused antennas and accessory
facilities shall be removed within two months of the cessation of
operations at the site unless a time extension is approved by the
Township.
[ii]
If the antenna is not removed within two months
of the cessation of operations at a site, or within any longer period
approved by the Township, the antenna and any related equipment may
be removed by the Township and the cost of removal assessed against
the owner of the antenna.
[j]
Time, place and manner. The Township shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all commercial communications antennas in the ROW based
on public safety, traffic management, physical burden on the ROW,
and related considerations. For public utilities, the time, place
and manner requirements shall be consistent with the police powers
of the Township and the requirements of the Public Utility Code.
[k]
Insurance. Each person that owns or operates a
commercial communications antenna shall provide the Township with
a certificate of insurance evidencing general liability coverage in
the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
the commercial communications antenna.
[l]
Indemnification. Each person that owns or operates
a commercial communications antenna shall, at its sole cost and expense,
indemnify, defend and hold harmless the Township, its elected and
appointed officials, employees and agents, at all times against any
and all claims for personal injury, including death, and property
damage arising in whole or in part from, caused by or connected with
any act or omission of the person, its officers, agents, employees
or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of the commercial
communications antenna. Each person that owns or operates a commercial
communications antenna shall defend any actions or proceedings against
the Township in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of a commercial communications antenna.
The obligation to indemnify, hold harmless and defend shall include,
but not be limited to, the obligation to pay judgments, injuries,
liabilities, damages, reasonable attorneys' fees, reasonable expert
fees, court costs and all other costs of indemnification.
[m]
Co-locations and modifications that fall within
the provisions of the Pennsylvania Wireless Broadband Collocation
Act[4] or amendments thereto or similarly applicable federal
statutes.
[i]
Subsection C(3)(h)[4][a] through [d] shall not
apply to facilities which are governed by the Pennsylvania Wireless
Broadband Collocation Act. To the extent permitted by law, the remaining
provisions in Subsection C(3)(h)[4][e] through [1] shall apply to
co-location applicants desiring to place new antennas on existing
wireless communications facilities, as well as those applicants desiring
to modify existing facilities. Any applicant proposing the colocation
or modification of a commercial communications antenna shall submit
a building permit to the Township Zoning Office.
[ii]
Timing. Within 30 calendar days of the date that
an application for a Commercial communications antenna is filed with
the Township, the Township shall notify the applicant in writing of
any information that may be required to complete such application.
Within 60 calendar days of receipt of a complete application, the
Township shall make its final decision on whether to approve the application
and shall advise the applicant in writing of such decision. If additional
information was requested by the Township to complete an application,
the time required by the applicant to provide the information shall
not be counted toward the Township's sixty-day review period.
[4]
Editor's Note: See 53 P.S. § 11702.1 et seq.
[5]
Wireless communications facilities in the public rights-of-way.
[Added 12-20-2016 by Ord.
No. 129-D-2016]
[a]
Standards for wireless communications facilities
erected in the public rights-of-way. All applicants seeking to construct,
erect, or relocate a wireless communications facility shall comply
with the following regulations. A written narrative that addresses
how the applicant will meet each of the regulations listed below shall
be submitted with the conditional use application.
[i]
Timing of approvals. Applications for installation of any and
all wireless communications facilities shall be processed in a timely
manner and in compliance with the required time frames for municipal
review and action as established by state and federal law and regulations.
[Added 12-7-2021 by Ord. No. 129-I-2021]
[b]
Conditional use application. A conditional use
application shall be completed by any applicant desiring to erect
wireless communications facilities in the public ROW. The application
shall be submitted to the Township Zoning Officer and shall demonstrate
that the proposed facility meets all of the following specifications:
[i]
Location and height.
[A]
Maximum height. Wireless communications facilities
greater than 45 feet in height shall be prohibited in the public rights-of-way.
An increased height — not to exceed 55 feet — may be permitted
if shown by the applicant to be necessary to provide increased capacity
and adequate coverage in that service area.
[B]
Height extensions. Any height extensions (not co-locations)
to an existing wireless communications facility shall require prior
approval of the Township, and shall not increase the overall height
of the facility to more than 45 feet unless shown to be warranted
as set forth in Subsection C(3)(h)[5][b][i][A] immediately above.
The Township reserves the right to deny such requests based upon aesthetic
and land use impact, or any other lawful considerations related to
the character of the Township.
[C]
Location. Wireless communications facilities 45 feet or shorter in height (or 55 feet or shorter in height if warranted as described above) shall be permitted within the ROW of the roads as listed and specifically described in Attachment 4, Aerial Utility Roadways, found under the General References section of Chapter 240, Zoning.[5]
[5]
Editor's Note: Attachment 4 is included as an attachment to this chapter.
[ii]
Design Regulations.
[A]
Stealth technology. The wireless communications
facility shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the applicant shall be subject to the approval of the Township.
[B]
Other antennas. Any proposed wireless communications
facility shall be designed structurally, electrically, and in all
respects to accommodate multiple licensed wireless service providers.
[C]
Aviation safety. Commercial communications antennas
shall comply with all federal and state laws and regulations concerning
aviation safety.
[D]
Signs. The proposed facility shall post a sign
in a readily visible location identifying the name and phone number
of a party to contact in the event of an emergency.
[E]
Lighting. No wireless communications facility shall
be artificially lighted, except as required by law. If lighting is
required, the applicant shall provide a detailed plan for sufficient
lighting, demonstrating as unobtrusive and inoffensive an effect as
is permissible under state and federal regulations.
[F]
Radio frequency emissions. No wireless communications
facility may, by itself or in conjunction with other facilities in
its respective vicinity, generate radio frequency emissions in excess
of the standards and regulations of the FCC, including but not limited
to, the FCC Office of Engineering Technology Bulletin 65, entitled
"Evaluating Compliance with FCC Guidelines for Human Exposure to Radio
Frequency Electromagnetic Fields," as amended.
[G]
Wind. All wireless communications facilities shall
be designed to withstand the effects of wind according to the standard
designed by the American National Standards Institute as prepared
by the engineering departments of the Electronics Industry Association,
and Telecommunications Industry Association (ANSI/EIA-222-E, as amended).
[iii]
Gap in coverage.
[A]
Unless exempt from this requirement by federal
law, an applicant for a wireless communications facility must demonstrate
that a gap in coverage and/or demand for increased capacity exists
or is anticipated within 12 months and that the type of facility being
proposed is the least intrusive means by which to fill that gap and/or
increase the capacity of wireless coverage.
[B]
The existence or nonexistence of a gap in wireless
coverage may be a factor in the Township's decision on an application
for approval of wireless communications facilities in the ROW, at
the Board's discretion.
[iv]
Co-location and strategic siting.
[A]
Co-location. An application for a new wireless
communications facility shall not be approved unless the Township
finds that the wireless communications equipment planned for the proposed
facility cannot be accommodated on an existing or approved structure
or building.
|
{1}
|
The applicant shall demonstrate that it contacted the owners
of tall structures and towers located within ROWS in the applicable
service area required in order for the applicant to provide the increased
capacity needed, and permission to install an antenna was denied for
one or more of the following reasons:
| ||
|
{a}
|
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
| ||
|
{b}
|
The proposed antenna and related equipment would cause radio
frequency interference with other existing equipment for that existing
building, structure, or tower and the interference cannot be prevented
at a reasonable cost.
| ||
|
{c}
|
Such existing buildings, structures, or towers do not have adequate
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
| ||
|
{d}
|
A commercially reasonable agreement could not be reached with
the owner of such building, structure, or tower.
| ||
|
{2}
|
Strategic siting. Wireless communications facilities and related
equipment shall not interfere with, displace, damage or destroy, any
other facilities, including but not limited to, sewers, gas or water
mains, pipes, cables, or conduits.
| ||
[v]
Equipment location. The applicant shall at all
times comply with and abide by all applicable regulations governing
wireless communications facilities. Accessory equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, or to otherwise create safety hazards to pedestrians
and/or motorists or to otherwise inconvenience public use of the ROW
as determined by the Township. In addition:
[A]
In no case shall ground-mounted equipment, walls,
or landscaping be located within 16 inches of the face of the curb.
[B]
Ground-mounted equipment that cannot be located
underground shall be screened, if deemed appropriate and in a manner
that does not impact sight lines for traffic, through the use of landscaping
or other decorative features to the satisfaction of the Township.
[C]
Required electrical meter cabinets shall the screened
to blend in with the surrounding area to the satisfaction of the Township.
[D]
Any graffiti on the wireless communications facility
or on any accessory equipment shall be removed at the sole expense
of the owner within 10 business days of notice of the existence of
the graffiti.
[E]
Any underground vaults related to the wireless
communications facility shall be reviewed and approved by the Township.
[vi]
Written commitment. As a condition of approval
for all wireless communications facilities in the ROW, the applicant
shall provide the Township with a written commitment that it will
allow other service providers to co-locate antennas on its wireless
communications facilities where technically and economically feasible.
The owner of a wireless communications facility shall not install
any additional antennas without obtaining the prior written approval
of the Township, so long as such antennas do not fall within the categories
of permitted modifications or co-locations in the Wireless Broadband
Collocation Act.[6]
[6]
Editor's Note: See 53 P.S. § 11702.1 et seq.
[vii]
Miscellaneous information.
[A]
Highway occupancy permit. The applicant shall obtain
and provide the Township with a copy of the highway occupancy permit
from either Penn DOT or the Township as applicable.
[B]
FCC license. If applicable, the applicant shall
submit a copy of its current FCC license, including the name, address,
and emergency telephone number for the operator any facilities located
in the Township.
[viii]
Restoration. After completion of any maintenance,
placement, installation, or removal of any wireless communications
facility in the ROW, the owner of such facility shall, at its own
expense, restore the ROW to its original condition within 25 days,
or such longer period as may reasonably be required.
[c]
Standard of care. All wireless communications facilities
shall be designed, constructed, operated, maintained, repaired, modified
and removed in strict compliance with all current applicable technical,
safety and safety-related codes, including but not limited to, the
most recent editions of the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, National Electrical
Code, as well as the accepted and responsible workmanlike industry
practices of the National Association of Tower Erectors. Any facilities
shall at all times be kept and maintained in good condition, order
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the Township.
[d]
Maintenance standards. The following maintenance
requirements shall apply: all wireless communications facilities shall
be fully automated and unattended on a daily basis and shall be visited
only for maintenance or emergency repair; such maintenance shall be
performed to ensure the upkeep of the facility in order to promote
the safety and security of the Township's residents; all maintenance
activities shall utilize nothing less than the best available technology
for preventing failures and accidents.
[e]
Time, place and manner. The installation shall
be in accordance with the requirements of the highway occupancy permit
issued for the facility.
[f]
Reservation of rights. In accordance with applicable
law, the Township reserves the right to deny an application for the
construction or placement of any wireless communications facility
for numerous factors, which include but are not limited to, visual
impact, design, and safety standards.
[g]
Relocation or removal of facilities. Within 60
days following written notice from the Township, or such longer period
as the Township determines is reasonably necessary or such shorter
period in the case of an emergency, an owner of wireless communications
facility in the ROW shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any wireless communications
facility when the Township, consistent with its police powers and
applicable Public Utility Commission regulations, shall determine
that such removal, relocation, change or alteration is reasonably
necessary under the following circumstances:
[i]
The construction, repair, maintenance or installation
of any Township or other public improvement in the right-of-way;
[ii]
The operations of the Township or other governmental
entity in the right-of-way;
[iii]
Vacation of a street or road or the release of
a utility easement; or
[iv]
An emergency as determined by the Township.
[h]
Notice of transfer, sale or assignment. If the
owner of a wireless telecommunications facility in the ROW sells,
transfers or assigns those facilities to another party, the transferee,
buyer or assignee shall be obligated to comply with the regulations
set forth in this subsection. Notice of the transfer, sale or assignment
shall be provided to the Township within 30 days of the effective
date of the transfer, sale or assignment. Such notice shall include
the contact information for the transferee, buyer or assignee.
[i]
Insurance. Each person that owns or operates a
wireless communications facility shall provide the Township with a
certificate of insurance evidencing general liability coverage in
the minimum amount of $1,000,000 per occurrence and property damage
coverage in the minimum amount of $1,000,000 per occurrence covering
each facility.
[j]
Indemnification. Each person that owns or operates
a wireless communications facility shall, at its sole cost and expense,
indemnify, defend and hold harmless the Township, its elected and
appointed officials, employees and agents, at all times against any
and all claims for personal injury, including death, and property
damage arising in whole or in part from, caused by or connected with
any act or omission of the person, its officers, agents, employees
or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of the facility. Each
person that owns or operates a wireless communications facility shall
defend any actions or proceedings against the Township in which it
is claimed that personal injury, including death, or property damage
was caused by the construction, installation, operation, maintenance
or removal of facility. The obligation to indemnify, hold harmless
and defend shall include, but not be limited to, the obligation to
pay judgments, injuries, liabilities, damages, reasonable attorneys'
fees, reasonable expert fees, court costs and all other costs of indemnification.
[k]
Financial security. Prior to receipt of a zoning
permit for the construction or placement of a wireless communications
facility, the applicant shall provide to the Township financial security
sufficient to guarantee the removal of the proposed wireless communications
facility. The applicant shall submit an estimate of such removal costs
to the Township Engineer for review and approval of same. Said financial
security shall remain in place until the facility is removed.
[6]
Permit fees and compliance with state and federal law.
[Added 12-7-2021 by Ord. No. 129-I-2021]
[a]
Permit fees. The Township may assess appropriate, fair and reasonable
permit fees directly related to the Township's actual costs in reviewing
and processing applications for approval of wireless communications
facilities as set forth in fee schedules established by the Township.
[b]
Consistency with state and federal laws and regulations. The
provisions contained herein regulating wireless communications facilities
are intended to comply with federal and state laws and regulations
in effect as of the date of adoption of this section. To the extent
that any of the provisions in this section conflict with any federal
or state statute or regulations, the federal or state statutes or
regulations shall control unless the applicable federal or state statutes
or regulations allow for more stringent provisions in local ordinances,
in which case the more stringent provisions of local ordinances shall
remain in effect and shall control in such instances.
(i)
Day-care center, child or adult, as a principal
use.
[1]
Shall not meet the definition of a "boardinghouse"
or "treatment center."
[2]
A child day-care center shall include a safe
and fenced outdoor play area.
[3]
Any additional off-street parking needed for
the center shall be provided on the same lot as the center. A minimum
of 10% of the required parking or at least four regular and/or one
handicapped parking spaces shall be designed and reserved for the
convenient and safe pickup and drop off of persons.
[4]
The operation of such center shall be in accordance
with applicable state standards, including having a valid state license
and/or registration as required.
[5]
The use shall include constant supervision during
all hours of operation.
(j)
Funeral home. Minimum lot area: 2.0 acres.
(k)
Gasoline service station.
[1]
All activities except those to be performed
at the fuel pumps shall be performed within a completely enclosed
building.
[2]
Fuel pumps shall be at least 25 feet from any
street line.
[3]
Automobiles taken to a service station for outside
storage because of an accident shall remain no longer than 15 days
from the day the car arrives at the station unless otherwise extended
by the Zoning Officer.
[4]
All automobile parts and inoperable motor vehicles
shall be stored within a building.
[5]
Paint spraying or body- and fender work shall
not be permitted.
[6]
No portion of the lot shall be used for private
parking or the parking of other vehicles except for employees and
the automotive service station customer.
(l)
Golf course. No miniature golf course shall
be permitted as part of this use.
(m)
Group home.
[2]
Supervision. There shall be adequate professional
supervision as needed by an adequate number of person(s) trained in
the field for which the group home is intended. Staffing shall meet
requirements of any applicable federal, state or county standards.
[3]
Certification. Any group home involving four
or more unrelated persons living in a dwelling unit or that is otherwise
required to be licensed or certified under an applicable state, county
or federal program shall be certified or licensed, as applicable,
as a condition of Township approval.
[a]
A copy of any such license or certification
shall be filed with the Township and shall be required to be shown
to the Zoning Officer in the future upon request. The group home shall
notify the Township, in writing, within 14 days if there is a change
in the type of clients, the sponsoring agency, the maximum number
of residents, or if an applicable certification/license expires, is
suspended or is withdrawn.
[b]
If such group home is not so certified
or licensed, then the applicant shall provide a written and signed
statement from a qualified medical professional stating that adequate
staffing is being provided for the type of client being served. Such
statement shall be subject to review and acceptance by the Township.
[4]
Registration. The group home shall register
its location, general type of treatment/care, maximum number of residents
and sponsoring agency with the Township. Such information shall be
available for public review upon request.
[5]
Counseling. Any medical or counseling services
provided on the lot shall be limited to residents.
[6]
Parking. One off-street parking space shall be provided for each employee on duty at any one time, and every resident of a type reasonably expected to be capable of driving a vehicle. Off-street parking areas of more than four spaces shall be buffered from adjacent existing single-family dwellings by a planting screen meeting the requirements of Article V.
[7]
The use shall not meet the definition in § 240-6 of a "treatment center." A group home shall not house persons who can reasonably be considered to be a physical threat to others.
[8]
Appearance. If the group home is within a residential
district, the building shall be maintained and/or constructed to ensure
that it is closely similar in appearance, condition and character
to the other residential structures in the area. No exterior signs
shall be permitted.
[9]
The restriction on the number of residents in
a group home shall include any employee(s) who routinely stay overnight
on-site. A group home shall be regulated by the maximum number of
unrelated persons permitted to live in a dwelling unit under the definition
of "family." However, that number of unrelated persons may be increased
to the following total number for a group home serving physically
handicapped or developmentally disabled/retarded persons:
[a]
Single-family detached dwelling
with minimum lot area of 15,000 square feet and minimum building setbacks
from all lot lines of 15 feet: five persons.
[b]
Single-family detached dwelling
with minimum lot area of 30,000 square feet and minimum building setbacks
from all lot lines of 25 feet: eight persons.
[c]
In an I-2 District, where permitted:
20 persons, provided that there is a minimum building setback from
all lot lines of 75 feet.
[10]
Septic. If a group home will use an on-lot septic
system and will involve six or more persons routinely on the premises
at any one time, the septic system shall be required to be reviewed
by the County Health Department to determine if it is adequate.
[11]
Employees of the group home shall be prohibited
from having visitors on the premises, unless such visitation is necessary
for the operation of the group home and except for emergencies.
[12]
The use shall provide illuminated exit signs,
emergency battery-powered lighting and a minimum of two ABC-rated
fire extinguishers. The use shall also have an interconnected smoke
detector system with a central station fire alarm system.
(n)
Helipad (or heliport). As an accessory or principal
use.
[1]
Minimum lot area for helipad: five acres.
[2]
The heliport may be an accessory or a principal
use on a lot in the I-2 District, but shall require conditional use
approval. The use shall be a private facility that is not open for
use by the general public.
[3]
The applicant shall provide evidence that the
site and its design has been approved by the Pennsylvania Bureau of
Aviation and the Federal Aviation Administration.
[4]
The proposed primary flight paths shall be designed
to minimize noise hazards to existing residences or approved residential
developments.
[5]
Any portion of the helipad shall be 1,000 feet
from any residential district or the lot line of any other existing
dwelling unit for property that the applicant does not own or upon
which have an agreement of sale.
[6]
The helipad shall only be used for a maximum
of 14 total combined takeoffs and landings per week (such as seven
takeoffs and seven landings).
[7]
The maximum of 500 gallons of fuel for helicopters
may be stored on site.
[8]
The heliport shall be limited to use between
the hours of 7:00 a.m. and 9:00 p.m., except for medical emergencies.
[9]
The heliport may only be used under visual flight
rule conditions, except for emergencies.
[10]
Conditions. The Board of Supervisors shall place
such reasonable conditions on the use to protect the public from noise
nuisances and safety hazards. These types of conditions include limiting
the maximum sizes of helicopters, the hours of operations, the numbers
of flights and the general direction of approach. However, such Board
shall not place any conditions on the use that will seriously interfere
with the safety of the operations.
(o)
Horse barns. Shall comply with all the requirements for horse barns (§ 240-32A) and animal husbandry (this section).
(p)
Junkyard (includes automobile salvage yard).
[1]
Storage of garbage or biodegradable material
is prohibited, other than what is customarily generated on site and
routinely awaiting pickup.
[2]
Outdoor storage of junk shall be at least 100
feet from any residential lot line and at least 50 feet from any other
lot line and the existing right-of-way of any public street.
[3]
The site shall contain a minimum of two exterior
points of access, each of which is not less than 20 feet in width.
One of these accesses may be limited to emergency vehicles. Cleared
driveways shall be provided throughout the entire use to allow access
by emergency vehicles. Adequate off-street parking areas shall be
provided for customers.
[4]
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a fifty-foot-wide buffer yard which is screened in accordance with § 240-27C(3), unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
[5]
Burning or incineration of vehicles or junk
is prohibited.
[7]
All gasoline and oil shall be drained from all
vehicles and properly disposed of. All batteries shall be removed
from vehicles and properly stored in a suitable area on an impervious,
properly drained surface.
[8]
Lot area: three acres minimum; 20 acres maximum.
(q)
Life care development.
[1]
Minimum tract area. A life care development
shall require a total minimum tract area, excluding any portions thereof
lying within a street right-of-way, of 10 acres.
[Amended 5-5-1998 by Ord. No. 119-C-98]
[2]
The residents must be at least 55 years of age,
except that spouses of residents may be less than 55 years old, and
except that residents of younger age may be permitted if they need
such care because of physical disabilities.
[3]
The life care development shall be developed in accordance with all the standards in § 240-29C, except for the following standards which will apply to a life care development:
[a]
Density. No more than one dwelling
unit shall be constructed for each 2,175 square feet of minimum tract
area. This density shall be calculated as follows:
[Amended 5-5-1998 by Ord. No. 119-C-98; 8-21-2001 by Ord. No. 129-E-01]
[b]
Maximum building and impervious
coverage. The maximum building coverage shall be 25%, and the maximum
impervious surface coverage shall be 45%.
[Amended 8-21-2001 by Ord. No. 129-E-01]
[c]
Maximum height. The maximum height
of all buildings shall not exceed three stories or 35 feet. No unit
shall be more than two stories above its ground entrance without the
use of elevators.
[d]
Building separations. No building
which has three or fewer stories shall have any wall greater than
100 feet in horizontal length, without architecturally attractive
offsets, and every building which has three or fewer stories shall
be separated from no more than two other buildings by at least 1 1/2
times the height of the building. All buildings may be interconnected
at all floors with enclosed corridors.
[e]
Recreation spaces. One or more
recreation spaces (each with a minimum area of 1,200 square feet)
shall be provided, whose total area equals at least 100 square feet
per unit. All recreation spaces shall be located in areas suitable
for outdoor recreation. All recreation spaces shall be at least 20
feet from any building.
[f]
Buffer yards. Buffer yards in accordance with § 240-27C(2) shall be provided around the perimeter of the life care development.
[4]
Sundries/gift shop. The purpose of this small
shop is to afford an opportunity for the residents of the life care
development and their guests to purchase personal services, necessary
toiletries and other sundry items. The maximum size of this shop shall
not exceed 500 square feet.
[5]
Ownership. Except to the extent the independent living units are proposed for fee simple or condominium ownership, the life care development shall be constructed, owned and maintained either by a single legal entity and shall be retained in single ownership or, with the approval of the Board, by more than one entity and ownership when the entirety of the development is subject to both a written management agreement to which both entities are bound, and to a recorded declaration of covenants, restrictions, easements and conditions requiring the continued combined use of the development tract as a life care development in perpetuity, until released from such restriction by the Board. The agreement and declaration shall be subject to the approval of the Board with respect to those provisions which are material to the regulations imposed by Subsection C(3)(q).
[Amended 5-5-1998 by Ord. No. 119-C-98]
[6]
Services/facilities. The services and/or facilities
within the development shall be for the exclusive use of the residents
of the development and their guests.
[7]
A life care development shall devote at least
35% of the total floor area of the facility to common amenities for
resident care and benefit, including but not limited to centralized
dining facilities, community lounges, meeting and activity rooms,
doctor and nurse examination rooms, administrative offices and support
service area.
[8]
A life care development shall designate and
devote at all times at least 10% of the units to intermediate care
units.
[9]
A life care development may be owned and operated by separate entities on not more than three contiguous lots held in single and separate ownership (a "split life care development"), subject to each lot's compliance with the regulations specified in this § 240-31C(3)(q), except minimum lot area, which shall be as required by Subsection C(3)(q)[9][c] of this section, and compliance with the following requirements. (Note: In the case of a life care development consisting of two of the three allowable components permitted by § 240-6, the life care development shall be restricted to two lots. In the case of a life care development consisting of the three allowable components permitted by § 240-6, the life care development may consist of, but shall be limited to, three contiguous lots.)
[Added 8-21-2001 by Ord. No. 129-E-01]
[a]
A joint application for the proposed uses shall be filed by the respective lot owners/operators, each of which will describe the specific and distinct life care development components required as defined in § 240-6. The application shall specify the applicant's intent to develop the proposed uses as a life care development.
[b]
Separate plans satisfying the sketch plan requirements of § 205-27 of the East Goshen Code shall be filed with the application for each proposed use and development. In addition, such plans shall specify any proposed cross-easements for pedestrian and vehicular access, utilities, parking and/or maintenance, if any, and the final plan shall be accompanied by a proposed declaration of any such cross-easements in form and content as approved by the Township Solicitor and suitable for recording with the final plan.
[c]
None of the proposed lots shall
be less than three contiguous acres in area, and, in combination,
they shall not be lot less than 10 contiguous acres in area.
[d]
The Board may approve as a conditional
use the encroachment of a portion of not more than one building within
one of the side yards of each separate contiguous lot constituting
a split life care development for the purpose of facilitating interior
access from one such building to another. Such encroachment shall
be limited to only such portion of the buildings as are practically
required for such connection, it being the intention of this subsection
not to sanction complete elimination of the side yard requirement.
The extent of such encroachment shall be subject to the discretion
of the Board, upon due proof by the applicant of the necessity for
such interconnection of buildings.
[e]
If approved, each conditional use
approval for the uses constituting the split life care development
shall be subject, however, to the execution by the operators and approval
by the Board of a written agreement, in form and content as approved
by the Township Solicitor, describing the extent to which the respective
operators will market to the public or otherwise make available designated
services provided by them to the residents of each such component
of the life care development, as for example, priority in admissions,
dining services, health-care services, transportation services or
other such services incidental to a life care community.
(r)
Mobile/manufactured home. On an individual lot
or within a mobile/manufactured home park.
[1]
Construction. Any mobile/manufactured home placed
on any lot after the adoption of this chapter shall be constructed
in accordance with the Safety and Construction Standards of the United
States Department of Housing and Urban Development. These federal
standards supersede the BOCA Code for the actual construction of the
home itself.
[2]
Each site shall be graded to provide a stable
and well-drained area.
[3]
Each home shall have the hitch mechanism removed.
It is recommended, but not required, that the wheels and axles be
removed and stored under the home.
[4]
Installation. A system of securing the home
to the ground shall be installed that will prevent shifting, overturning
or uneven settling of the home and to provide a secure base for installation
of tie-downs. This shall involve the following method, unless the
applicant proves to the satisfaction of the Zoning Officer that another
method will be used that is recommended by the manufacturer of the
home or by the manufacturing housing industry.
[a]
The foundation system shall consist
of concrete piers or concrete footings perpendicular to the main longitudinal
frame, or equivalent, and shall be installed from ground level to
below the frost line (36 inches minimum). The piers or footings shall
be a minimum of four inches greater in width than the concrete blocks
used to support the home. Concrete blocks shall have a minimum width
of eight inches. This foundation system shall be placed on approximately
eight-foot centers (unless another distance is specifically recommended,
in writing, by the manufacturer) along each of the two main longitudinal
frames for each section of the home, with no more than three feet
of overhang at each end of the section. The Township Building Inspector
may review and approve other foundation options such as concrete trench
piers placed perpendicular to the main longitudinal frame, concrete
slabs under the entire home footprint or equivalent foundation systems.
[b]
One-half-inch diameter by twelve-inch-long
eyebolts, or approved equivalent u-shaped bars, that shall be cast
in place at each corner and at two midpoints in the concrete piers,
concrete footing, slab or equivalent foundation. Concrete blocks shall
be used to support the home on the foundation system and metal or
masonry shims may be used for final leveling. The concrete support
blocks shall not be wider than the support foundation.
[c]
Each mobile/manufactured home shall
be securely anchored or tied down with cable and turnbuckles or equivalent
connecting the frame to the cast-in-place eyebolts on at least four
corners and two midpoints. The tie-down shall also be in accordance
with the manufacturer's recommendations furnished with each home.
[d]
Mobile homes shall not be placed
more than four feet above the supporting ground area.
[e]
As part of the construction standards
for each mobile home, the United States Housing and Urban Development
Department requires that each unit be built to meet certain windstorm
protection requirements. As of 1993, these regulations in Section
3280.307 of Title 24 of the United States Code included the following
statement: "Anchoring equipment shall be capable of resisting an allowable
working load equal to or exceeding 3,150 pounds and shall be capable
of withstanding a fifty-percent overload (4,725 pounds total) without
failure of either the anchoring equipment or the attachment point
on the manufactured home."
[5]
Skirting. The space between the bottom of the
home and the ground and/or home pad shall be enclosed using either:
[a]
Industry-approved skirting material
compatible with the home; or
[b]
If a concrete foundation is used,
masonry walls underneath the home with soil backfill to result in
the surrounding ground level being no more than three steps in height
below the first floor elevation. If this alternative is used, an access
area with lower grade through the masonry area shall be installed,
with 24 inches minimum height that allows convenient access by humans
for service.
(v)
Multiple uses in a multiple-use building in the I-1 District pursuant to § 240-19C(1) and in the BP District pursuant to § 240-21C(1). The following shall apply if an existing building is to be converted or if a new building is built for multiple uses:
[Amended 6-7-2011 by Ord. No. 129-F-11]
[1]
Each use shall have a minimum of 5,000 square feet of contiguous
floor space. Separate users which are the same type of principal use
may make up the minimum 5,000 square feet of floor space.
(w)
Office development. No additional requirements.
(y)
Private recreation facility.
[1]
Only the following activities shall be permitted
in conjunction with this use: arts and crafts, nature study, music,
dramatics, dance, swimming, tennis, horseback riding and recreational
athletic programs.
[2]
No motorized rides or activities utilizing motorized
equipment shall be conducted.
[3]
Any outdoor activity shall not take place within
the required front, side or rear yards.
[4]
No parking shall be permitted within the required
front, side or rear yards.
[5]
No outside lighting shall be permitted, except
for lighting which is needed for security purposes.
[6]
There shall be no less than one off-street parking
space provided for each five persons of total design capacity of the
facility, or at least one off-street parking space for each 50 square
feet of floor area used or intended to be used for service to customers,
patrons, clients, guests or members, whichever requires the greater
number of off-street parking space, plus one space for each employee
on the shift of highest employment.
[7]
The outdoor storage of materials and/or equipment shall be in accordance with § 240-27C(4).
(z)
Publicly owned recreation. Any outdoor activity
area shall be located no closer to any lot line than the required
front-yard depth and shall be, if necessary, screened to protect the
neighborhood from any possible activity.
(aa)
Public utility facility and/or public utility building.
[Amended 3-17-2015 by Ord. No. 129-C-2015]
[1]
No obnoxious, toxic or corrosive fumes or gases shall be emitted
as a result of the use.
[2]
No use shall emit offensive odors which are perceptible at lot
lines.
[3]
No use shall discharge into the air dust or other particulate
matter in a manner or quantity which does not conform to all applicable
federal and state laws and implementing regulation.
[4]
No use shall emit smoke from operations.
[5]
No use shall produce any heat perceptible at or beyond the lot
boundaries.
[6]
No use shall utilize lighting in a manner which does not conform
with the lighting standards in this chapter.
[7]
No use shall permit physical vibrations perceptible at or beyond
the lot boundaries.
[8]
No use shall emit potentially harmful radiation.
[9]
No use shall engage in the production or storage of any material
designed for use as an explosive.
[10]
No use shall engage in the storage of waste materials
on the lot for any period beyond five days. Such waste material storage
shall be located behind the front building line of the primary building
and no closer than 50 feet to any rear or side lot line and shall
be completely screened from the view of any street or adjoining property.
[11]
No use shall discharge any objectionable and/or
potentially dangerous effluent from plant operations.
[12]
No industrial lagoons for chemicals or other liquid
waste shall be permitted.
[13]
The portion of any such use not located within
a building shall be enclosed or adequately screened in such a manner
as to not be visible across property lines.
[14]
All uses shall be conducted in compliance with applicable governmental regulations, including the general performance standards of this chapter and the noise and nuisance regulations of Chapter 156.
[Amended 11-15-2022 by Ord. No. 129-G-2022]
[15]
No retail activity shall be permitted.
[16]
The owner of the public utility facility and public
utility building shall provide the Township with an emergency liaison
that may be reached 24 hours a day, seven days a week, in the event
of an emergency.
[17]
The owner of the public utility facility and public
utility building shall prepare and file with the Township an emergency
response plan which shall be followed in the event of an emergency
at the facility.
[18]
A public utility facility and/or public utility building shall be fully screened in accordance with the criteria set forth in § 240-27C(3).
(cc)
Restaurant and beverage cafe.
[Amended 7-7-2015 by Ord.
No. 129-F-2015]
[1]
Any restaurant or beverage cafe with a drive-through shall be
designed to allow safe pedestrian movement on the property and with
sufficient stacking capacity to prevent backups of traffic onto a
street.
[2]
All outdoor trash dumpsters shall be totally screened as required by § 240-27C(4).
(dd)
Riding academy. All of the requirements of § 240-34A(1) that would relate to animal husbandry shall be met.
(ee)
Shopping center.
[1]
No storage of materials, equipment or goods
shall be permitted outside a building unless they are located within
a permanently enclosed patio.
[3]
If the development of the shopping center is
to be carried out in progressive stages, each stage shall be so planned
that the requirements of this section and the intent of this chapter
shall be met at the completion of any stage.
(gg)
Self-storage development.
[1]
All storage units shall be fire-resistant and
water-resistant.
[2]
Outdoor storage shall be limited to recreational
vehicles, boats and trailers. All vehicles located outside of an enclosed
building shall display current registration and current safety inspection
stickers.
[3]
Trash, radioactive or highly toxic substances,
garbage, refuse, explosives or flammable materials, hazardous substances,
animal carcasses or skins or similar items shall not be stored.
[4]
Nothing shall be stored in interior traffic
aisles, required off-street parking areas, loading areas or accessways.
[5]
Major bodywork on vehicles shall not be permitted.
The use shall not include a commercial auto repair garage unless that
use is permitted in the district and the use meets those requirements.
[6]
Adequate lighting shall be provided for security,
but it shall be directed away or shielded from any adjacent residential
uses.
[7]
Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under Article V.
[8]
Maximum building length: 250 feet.
[9]
Minimum separation between buildings: 20 feet.
(hh)
Solid waste transfer facility. (See definition in § 240-6.)
[1]
All solid waste storage or processing shall
be at least 200 feet from the following: a public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water-filled quarry) or wetland of more than
two acres in area.
[2]
All areas to be used for the storage or processing
of solid waste shall be a minimum of 1,000 feet from any residential
district, publicly owned park or any existing dwelling that the applicant
does not have an agreement to purchase or the banks of any perennial
creek or river.
[3]
The use shall be served by a minimum of two
paved access roads, each with a minimum cartway width of 24 feet.
One of these roads may be restricted to use by emergency vehicles.
[4]
Burning or incineration shall be prohibited.
[5]
The operation and day-to-day maintenance of
the solid waste disposal area shall comply with all applicable state
and federal regulations as a condition of the continuance of any permit
of the Township. Violations of this condition shall also be considered
to be violations of this chapter.
[6]
The applicant shall provide a traffic study
that demonstrates to the satisfaction of the Board of Supervisors
that the existing street network can handle the additional truck traffic,
especially without bringing extraordinary numbers of trash-hauling
trucks through or alongside existing residential or residentially
zoned areas.
[7]
The applicant shall prove to the satisfaction of the Board of Supervisors that the use would not routinely create noxious odors off of the tract. (See § 240-24G.)
[8]
A chain link or other approved fence with a
minimum height of eight feet shall surround active solid waste disposal
areas to prevent the scattering of litter and to keep out children,
unless the applicant proves to the satisfaction of the Board of Supervisors
that this is unnecessary. The Board shall require earth berms, evergreen
screening and/or shade trees as needed to prevent landfill operations
from being visible from an expressway or arterial streets or dwellings.
[9]
A minimum total lot area of 20 acres (which
may include land in an adjoining municipality) is required. A solid
waste facility shall have a maximum total capacity of 500 tons per
day.
[10]
Health hazards. Any facility shall
be operated in such a manner as to prevent the attraction, harborage
or breeding of insects, rodents or vectors.
[11]
Attendant. An attendant shall
be present during all periods of operation or dumping.
[12]
Gates. Secure gates, fences, earth
mounds and/or dense vegetation shall prevent unauthorized access.
[13]
Emergency access. The operator
of the use shall cooperate fully with local emergency services. This
should include allowing practice exercises on the site and the provision
of all information needed by the emergency services to determine potential
hazards. Adequate means of emergency access shall be provided.
[15]
Tires shall not be stored on site
in a manner creating a fire hazard.
[16]
Litter. The operator shall regularly
police the area of the facility and surrounding streets to collect
litter that may escape from the facility or trucks.
[17]
Dangerous materials. No radioactive,
hazardous, chemotherapeutic or infectious materials may be stored,
processed, disposed of or incinerated. "Infectious materials" are
defined as medical wastes used or created in the treatment of persons
or animals with seriously contagious diseases.
[18]
The applicant shall provide sufficient
information for the Township to determine that the requirements of
this chapter will be met.
[19]
State requirements. Nothing in
this chapter is intended to supersede any state requirements. It is
the intent of this chapter that when similar issues are regulated
on both the Township and state levels, the stricter requirement shall
apply for each aspect, unless it is determined that an individual
state regulation preempts Township regulation in a particular aspect.
The applicant shall provide the Zoning Officer with a copy of all
written materials and plans that are submitted to the Pennsylvania
Department of Environmental Protection at the same time as they are
submitted to the Pennsylvania Department of Environmental Protection.
[20]
A recycling collection center
and/or bulk recycling center are permitted in combination with the
use.
[21]
All loading and unloading of solid
waste shall only occur within an enclosed building and over an impervious
surface which drains to a holding tank that is then adequately treated.
(ll)
Township park. Any outdoor activity area shall
be located no closer to any lot line than the required front yard
depth and, if necessary, shall be screened to protect the neighborhood
from any possible activity.
(mm)
Treatment center.
[1]
The applicant shall provide a written description
of all types of residents the use is intended to include over the
life of the permit. Any future additions or modifications to this
list shall require approval of the Board of Supervisors as a conditional
use.
[2]
The applicant shall prove to the satisfaction
of the Board of Supervisors that such use will involve adequate supervision
and security measures to protect public safety.
[3]
The Board of Supervisors may place conditions
on the use as necessary to protect public safety, including conditions
on the types of residents and security measures.
[4]
The use shall provide temporary treatment which
shall not routinely exceed 12 months and shall not be a long-term
residential use.
[5]
Shall have a minimum lot area of 10 acres.
[6]
Shall be set back a minimum of 250 feet from
any lot line of an existing dwelling that has a different owner from
the owner of the treatment center lot.
[7]
The restrictions on the location of a methadone
treatment facility found in § 621 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10621, shall apply and be enforced
in the Township.
[Added 10-29-2002 by Ord. No. 129-Q-02]
(nn)
Trucking company terminal.
[1]
Minimum lot area shall be five acres, except
10 acres for a use involving 10 or more loading/unloading bays.
[2]
All tractor-trailer truck parking, outdoor storage
and/or loading/unloading areas that are visible from beyond the exterior
lot lines of the use shall be screened by a fifty-foot-wide buffer
yard. This buffer yard shall meet the following conditions:
[b]
Include the planting of deciduous
shade trees which shall meet the following requirements:
[i]
Shall meet the provisions of Chapter 205, Subdivision and Land Development, that concern types and initial sizes of shade trees.
[ii]
Shall be placed an average of
every 60 feet of the lot perimeter, including abutting streets (such
trees are not required to planted at regular intervals, but may be
clustered).
[iii]
Shall be of types selected to
be resistant to diesel exhaust.
[iv]
Shall be planted on the exterior
side of any required berm (or any wall that might be permitted in
place of such berm), any wall used for screening, any fence and any
evergreen screening.
[v]
Shall not be planted on the top
of any berm, in order to provide effective screening.
[vi]
May be planted within the future
street right-of-way.
[3]
The use shall not be required to meet Township
requirements requiring landscaped areas to be placed in the center
of paved areas.
[4]
Any entrance for trucks, loading/unloading area,
outdoor storage or truck parking area shall be a minimum of 250 feet
from any dwelling.
[5]
The use shall include an appropriate system
to contain and properly dispose of any fuel, grease, oils or similar
pollutants that may spill or leak where such substances are stored
or where vehicles are fueled, repaired or maintained.
[6]
Any tractor-trailer truck parking, outdoor storage
and/or loading/unloading areas that are visible from and are within
250 feet of the exterior lot lines of the use shall be separated from
such lot lines by an earthen berm. Such berm shall meet the following
conditions:
[a]
Shall average a minimum of five
feet in height above the adjacent average ground level (disregarding
any drainage channel) on the outside of the berm.
[b]
Shall not have one completely continuous
height, but instead shall vary in height by one or two feet in places.
[c]
Shall have a maximum side slope
of three horizontal to one vertical.
[d]
Shall be covered by a well-maintained
all-season natural ground cover, such as grass.
(oo)
Truck and other heavy equipment repairs. All
repairs shall be undertaken within an enclosed building.
(pp)
Wholesaling, warehousing and distribution. All
loading and unloading operations shall be carried on within or contiguous
to the facade of any building(s) used for such purpose.
(qq)
Parking in front yard and/or impervious coverage
expansion. Motor vehicle parking shall be permitted in the required
front yard and the impervious coverage may be increased to 60% or
the impervious coverage may be increased to 60% to provide for additional
parking in other locations for properties in the I-1 and BP Zoning
Districts, provided that all of the following requirements are met:
[Added 4-7-1998 by Ord. No. 119-A-98; amended 6-3-2003 by Ord. No. 129-F-03]
[1]
Justification of need. The applicant shall present
evidence at the conditional use hearing justifying the need for the
additional parking. The burden of proof shall be on the applicant
to demonstrate that the additional parking is warranted and, if applicable,
that there is no other area of the lot where the parking could be
located. The determination of whether or not the evidence presented
is sufficient to warrant the installation of additional parking and/or
the increase in impervious coverage under this section is at the sole
discretion of the Board of Supervisors.
[2]
All parking areas shall be located a minimum
of 20 feet from the street right-of-way line, except that additional
parking shall not be located between the right-of-way lines of Paoli
Pike, Boot Road and Airport Road and the building setback lines of
the respective lots. There shall be a landscaped area between the
front of the building and the parking area. This area shall be a minimum
of 15 feet in width.
[3]
The applicant shall prove to the satisfaction
of the Township Engineer that there will be proper stormwater management
of the increased runoff. The applicant shall, to the maximum extent
possible if soil conditions warrant, recharge the additional stormwater
generated as a result of the increase in impervious coverage.
[4]
The applicant shall submit a landscaping plan
that shows the location of all buildings and parking and the location,
species and initial heights of proposed landscaping. The landscaping
plan shall be prepared by a registered landscape architect.
[a]
At an absolute minimum, such additional
landscaping shall include a minimum of two deciduous or evergreen
trees and four deciduous or evergreen shrubs for each 3,000 square
feet of impervious coverage above the fifty-percent maximum impervious
coverage.
[b]
Each required deciduous tree shall
have an initial trunk width of 2 1/2 inches in diameter (caliper)
measured one foot above the soil line. Each evergreen tree shall be
a minimum of eight feet in height. The required deciduous or evergreen
shrubs shall have an initial minimum height of 30 inches.
[c]
Such landscaping shall be in addition
to any landscaping that exists on the effective date of this subsection.
[d]
The majority of the additional
landscaping shall be located to reduce the visual impact of the additional
parking as viewed from adjacent properties.
(rr)
Private primary school and church or place of
worship.
[Added 9-7-1999 by Ord. No. 129-F-99]
[1]
Minimum lot area: 12 acres.
[3]
No hospital, sanatorium or penal institution
shall be permitted.
[4]
All buildings, regardless of the use to which they are put, shall comply with the requirements for a school specified in § 240-9G, except for the minimum lot area requirement, which shall be 12 acres.
[5]
If the lot contains two or more principal buildings,
each principal building shall be separated from any other principal
building by a distance of at least 80 feet, measured from the face
of the foundation wall of the nearest point of any such building.
[6]
A rectory, parsonage and/or convent shall be
a permitted accessory use.
[7]
Signs. A maximum of two freestanding, direct
illuminated signs shall be permitted. Each sign shall not exceed 24
square feet in area and shall not exceed 4.5 feet in height. The signs
shall be generally consistent in materials and font size.
[Added 5-7-2002 by Ord. No. 129-L-02]
(ss)
Bed-and-breakfast.
[Added 3-7-2000 by Ord. No. 129-E-00]
[2]
A minimum of 50% of the gross floor area of
the single-family detached dwelling shall have been constructed prior
to January 1, 1940. The determination shall be made by the Board of
Supervisors based on recommendations from one or more of the following
sources:
[a]
The Zoning Officer and/or Building
Inspector of East Goshen Township;
[b]
Proof of listing on the National
Historic Register or the State Historic Register;
[c]
A licensed/registered professional
architect or engineer specializing in historic preservation; the East
Goshen Township Historic Commission; or
[d]
Presentation by the applicant of
other evidence to the Board of Supervisors, including but not limited
to photographs, tax records and building permits.
[3]
No construction, alteration or renovation of
the proposed bed-and-breakfast shall take place which would in any
way change the exterior appearance from that of a single-family dwelling.
No renovation of the building proposed to house the bed-and-breakfast
shall occur prior to the approval of the Board of Supervisors based
on the recommendation of the Historic Commission.
[4]
The bed-and-breakfast shall constitute the principal residence of the owner/operator, as these terms are defined in § 240-6.
[5]
A maximum of five guest rooms shall be permitted.
[a]
Each guest room shall be provided
with a separate bath facility which, at the minimum, shall contain
a sink, water closet and shower or tub.
[b]
A separate bathroom shall be provided
for the operator of the bed-and-breakfast.
[c]
Dining facilities shall be restricted
to overnight guests, and only breakfast shall be served. There shall
not be separate cooking facilities, including hot plates, in any guest
room or public area, other than the primary kitchen.
[d]
There shall be no retail sales
of any items on the premises.
[e]
The maximum length of stay for
any guest shall be 30 nights in any ninety-day period. The owner shall
maintain a guest register and shall preserve registration records
for a minimum of three years. All registration records shall be available
for review by Township officials during regular business hours.
[Amended 3-18-2006 by Ord. No. 129-A-06]
[6]
There shall be one off-street parking space
for each guest room plus two off-street parking spaces for the operators.
There shall also be an additional parking space for each nonresident
employee.
[a]
All parking spaces shall be located
behind or to the side of the building, measured from its front face,
containing the bed-and-breakfast.
[b]
The driveway shall meet current
PADOT standards for sight distance.
[c]
The parking area shall be screened
from the direct view of an adjacent residential use, or the road in
the case of side parking, by a wall or plantings with a minimum height
of six feet after planting and placed no more than 10 feet on center.
The required plantings shall be staggered so as to provide as complete
a visual barrier as is possible. The owner shall be responsible for
maintaining plantings to ensure they meet the above regulations while
the property is used for this purpose.
[d]
A driveway and the parking area
will be constructed of aggregate and/or bituminous paving and meet
the approval of the Township Engineer.
[7]
One freestanding sign or one historic wall sign
shall be permitted.
[Amended 5-4-2004 by Ord. No. 129-D-04]
[a]
[8]
The owner of the establishment shall be required
to obtain a zoning permit and a use and occupancy permit from the
Township prior to commencement of operation.
[a]
Upon compliance by the applicant
with all of the requirements of this section and all other applicable
state, county and Township statutes, codes and regulations, the Zoning
Officer shall be authorized to issue a permit which shall be valid
for a period of one year unless sooner revoked for violation of any
condition imposed by the Zoning Officer, any misrepresentation of
fact made to the Zoning Officer or Codes Enforcement Officer in conjunction
with the application and review process or violation of this section
or any provision of this Code. Within 30 days prior to the expiration
of any such permit, the property owner shall make application for
a permit renewal to the Zoning Officer, who shall, as a condition
of issuance of such renewal, make an inspection of the premises for
which the permit is sought to determine continued compliance with
this Code. In the event that the Zoning Officer determines that a
violation exists, the permit shall not be renewed until the violation
is cured.
[b]
Upon nonrenewal or revocation of
the permit for cause shown, the use of the premises as a bed-and-breakfast
shall immediately cease, and continuation thereof shall subject the
owner to the penalty provisions of this chapter and/or such other
legal action as the Township shall determine necessary.
[9]
All guests rooms and common areas shall be equipped
with hard-wired smoke detectors.
(tt)
Public or private primary or secondary school.
[Added 7-2-2002 by Ord. No. 129-M-02]
[2]
No hospital, sanatorium or penal institution
shall be permitted.
[4]
Structures associated with athletic fields such
as baseball backstops, dugouts, outfield fences, soccer goals, lacrosse
goals, goal posts and movable (not affixed to the ground) bleachers
shall be permitted in the front yard or side street yard but shall
be at least 50 feet from the front or side street lot line.
[5]
Athletic fields shall be located at least 25
feet from a front or side street lot line. If the front or side street
lot line abuts a state road the minimum setback shall be 50 feet.
Any field located 65 feet or less from a front or side street lot
line shall be fenced along the front and side street lot line with
chain link or other approved fence having a minimum height of four
feet.
[Amended 10-15-2002 by Ord. No. 129-P-02]
(uu)
Mining operations.
[Added 10-29-2002 by Ord. No. 129-Q-02]
[1]
Landscaping and screening. There shall be a berm around the perimeter of the mining operation, which shall be located within the required side, rear and front yard areas and not closer than 50 feet from the property boundary, or where a street forms the property boundary, not closer than 50 feet from the ultimate right-of-way of such street. The berm shall have a minimum height of 15 feet and maximum height of 35 feet. The slope of sides of the berm shall not exceed a three-to-one ratio. Berms shall be planted and all landscaping shall be in accordance with § 240-27C(3). Erosion control measures shall be in accordance with the Township Subdivision and Land Development Ordinance.[8]
[2]
Fencing. A chain-link type fence at least six
feet in height, surmounted by three strands of barbed wire, shall
be provided around the perimeter of the mining operation and maintained
in a constant state of good repair. Appropriate warning signs shall
be mounted or posted along the fence at intervals of not more than
100 feet. The fence shall conform to the required side, rear and front
yard setbacks.
[3]
Slope of excavation. The mining operation walls shall be sloped in accordance with the provisions of Pennsylvania Surface Mining Conservation and Reclamation Act and the rules and regulations adopted pursuant thereto. No slope shall be maintained exceeding the normal limiting angle of repose of the material in which the excavation or extraction should be made. No undercutting shall be permitted within any required setback area. The depth of extraction shall be limited so it will not contribute to lowering the aquifer or water table off site. The slope of excavation shall start at the extraction limits detailed in Subsection C(3)(uu)[4] below.
[4]
Setback. Extraction shall not be conducted closer
than 200 feet to a property line nor closer than 300 feet from the
street line, nor closer than 400 feet to the point of intersection
of the street line. The setback area shall not be used for any other
use in conjunction with extraction except access streets, berm, screening,
directional signs, public notice signs identifying the excavation,
business signs identifying the occupant, and buildings and structures
in conformity with the applicable provisions of this chapter.
[5]
Lateral support. All operations shall be conducted
with sufficient lateral support in accordance with commonwealth regulations
and certified by the Township Engineer to be safe with respect to
hazard to persons, physical damage to adjacent lands or improvements,
or damage to any street, sidewalk, parking area, or utility by reason
of slide, sinking or collapse.
[6]
Stockpiles. Stockpiles shall not exceed 35 feet
in height and the toe of the slope shall not be located closer than
200 feet from any property line nor closer than 300 feet from the
street line.
[7]
Drainage. All drainage from the site of extractive
operations shall be controlled by dikes, barriers, or drainage structures
sufficient to prevent any silt, debris, or other loose materials from
filling any existing drainage course or encroaching on streets and
adjacent properties. In no case shall any silt, debris or other loose
material leave the site.
[8]
Control of vibration. Ground vibration caused
by blasting or machinery shall not exceed the limits established by
the Act of July 10, 1957, P.L. 685, as amended, 73 P.S., §§ 164
through 168, and the rules and regulations adopted thereunder, with
the exception that blasting shall not cause a peak particle velocity
greater than one inch per second, measured at any property line or
street line.
[9]
Operations. The mixing of rock materials with
asphaltic oils or other binders for road building and construction
purposes shall only be permitted as a conditional use.
[10]
Internal circulation. An adequate internal circulation pattern of streets shall be maintained between excavation and processing areas. The use of a public street shall not be permitted for hauling between extractions and processing except as stated in Subsection C(3)(uu)[11] below.
[11]
All necessary precautions must
be taken to ensure the safety of motorists traveling on any public
highway intersected by any internal circulation pattern. These precautions
shall include but not be limited to the following items:
[a]
Stop signs shall be placed at the
intersection of all internal roadways with public highways, halting
all internal traffic in any direction before the crossing of the public
highway.
[b]
Street signs as permitted by PennDOT
on all public highways intersected by internal roadways, at a point
150 feet from the intersection of the public highway and internal
roadway, one on either side of the intersection on the public highway
indicating that caution should be observed and that trucks will be
crossing 150 feet from the signs.
[c]
Caution lights as permitted by
PennDOT are to be provided, having at least two blinking yellow lights
sufficient to attract the attention of a passing motorist, attached
to a sign advising that caution should be observed due to a truck
crossing ahead, and the signs shall be at a distance of 300 feet from
the intersection of the public highway and internal roadway or less
if necessary so that one sign faces each direction of travel upon
the public highway.
[d]
All public roads shall be clean
from dust and spillage.
[12]
The operator shall submit a land
development plan in accordance with the Subdivision and Land Development
Ordinance.
(vv)
Carriage homes.
[Added 2-22-2005 by Ord. No. 129-A-05]
[1]
Minimum frontage for each carriage home development
shall be 150 feet on a public street.
[2]
Minimum gross tract area for each carriage home
development shall be 10 acres.
[3]
Minimum building width shall be 30 feet for
each dwelling.
[4]
Maximum building height shall not exceed 35
feet.
[5]
A private space for each carriage home, of not
less than 200 square feet, which shall be immediately adjacent to
the front, back or side of each dwelling, shall be provided for the
exclusive use of the occupants of that dwelling. If a carriage home
development is subdivided into lots, the minimum lot area shall be
the building footprint plus this required private space.
[6]
Maximum density shall be four dwellings per
acre of land within the carriage home development.
[7]
Maximum impervious coverage shall not exceed
50% of the tract.
[8]
No more than two carriage homes shall be attached
to each other by party walls.
[9]
External property line building setback. carriage
homes shall be set back from any public road right-of-way line a minimum
distance of 50 feet.
[10]
Internal building setback from
streets. Carriage homes shall have a minimum fifteen-foot setback
from any development street.
[11]
Spacing between buildings. There
shall be a minimum of 15 feet between buildings.
[12]
Carriage home open space. The
proper operation and maintenance of all open spaces and community
facilities shall be secured by an appropriate organization with legal
responsibility for the same. If the dwellings are sold, the organization
may be a condominium, cooperative, homeowners' association, trust
or other appropriate nonprofit organization of the dwelling unit owners,
organized in a manner found by the Township Solicitor to be legally
effective and able to carry out its maintenance and operating responsibilities.
It is the intention of this section to authorize the remedies provided
in 53 P.S. § 10705(f) and 53 P.S. § 10706(2) of
the Pennsylvania Municipalities Planning Code, and the same are hereby
incorporated by reference.
[13]
Carriage home streets. The minimum
cartway width shall not be less than 20 feet in width, and all streets
shall be privately owned and maintained.
[14]
Parking. A minimum of 2.5 off-street
parking spaces per unit is required.
[15]
Buffer yards. A fifteen-foot-wide
buffer area shall be provided around the entire carriage home development,
except for those areas which abut a golf course.
[a]
The buffer yard shall be landscaped in accordance with the screening requirements of § 240-27C(3).
[b]
No structure, fence, planting or
other obstruction shall be permitted which would interfere with traffic
visibility across the corner of a lot and at access driveways within
a triangle bounded by the street right-of-way lines and a straight
line drawn between points on each right-of-way line 25 feet from their
intersection. Such clear sight triangle shall be maintained in the
area between a plane two feet above curb level and a plane seven feet
above curb level. The screen planting shall be broken only at points
of vehicular or pedestrian access.
[17]
Storage enclosures. All storage
structures shall be architecturally attached to and part of the dwelling
and shall be fully enclosed.
[18]
Homeowners’ and/or condominium
agreements. If the applicant is proposing restrictions, easements
and/or covenants for the development or if any dwelling units are
to be sold under homeowners’ or condominium agreements, such
restrictions, easements, agreement or agreements shall be submitted
to the Township for review and approval with the preliminary plans.
[19]
Signs. No more than two off-premises
signs shall be permitted, provided that the applicant proves by a
preponderance of the evidence that there will be a long-term system
to ensure proper maintenance of the signs and any accompanying landscaping.
The Board of Supervisors shall specifically approve the size, location,
method of lighting and the content of the off-premises signs. The
Zoning Officer shall issue a zoning permit for the signs upon recommendation
of the Planning Commission and approval of the Board of Supervisors.
[20]
Traffic circulation. The conditional
use application shall be accompanied by a written narrative outlining
the proposed traffic-calming measures to be installed that will minimize
the adverse impact of pass-thru traffic in the carriage home development.
(ww)
Business incubator in the I-1 District pursuant to § 240-19C(33), in the I-2 District pursuant to § 240-20D(29) and in the BP District pursuant to § 240-21C(27). The following shall apply if an existing building, or a portion thereof, is to be converted or if a new building, or portion thereof, is built for a business incubator:
[Added 10-1-2019 by Ord.
No. 129-D-2019]
[1]
The applicant shall list all anticipated future uses as part of its
conditional use application.
[2]
Each tenant of a business incubator shall be required to have a use
and occupancy permit prior to leasing space in the business incubator,
but no separate conditional use application shall be required for
any tenant, provided that any proposed use is consistent with the
uses outlined in the original conditional use application.
In general. The following accessory uses, buildings
or structures shall be permitted by right, unless otherwise stated,
provided that they are customarily incidental to the principal building,
structure or use (on the same lot) and comply with other applicable
provisions of this chapter.
A.
Keeping of animals, fowl, household pets and domesticated chickens.
[Amended 7-16-2002 by Ord. No. 129-O-02; 2-19-2019 by Ord. No.
129-A-2019]
(1)
Number of household pets. Household pets, as defined in § 240-6, may be kept as an accessory use to a residential dwelling in any zoning district, provided that their keeping is clearly incidental and subordinate to the principal use of the residential dwelling, and subject to the restrictions set forth in the chart below for dogs:
|
Dwelling Type
|
Maximum Number of Dogs 3 Months or Older
|
|---|---|
|
Apartment, townhouse, semidetached or single-family detached
|
4
|
|
Single-family detached on 3 or more acres
|
4 plus 1 additional dog for each acre of lot area in excess
of 2 acres
|
(2)
Commercial use. Commercial breeding or use of pets and animal husbandry
shall not be permitted as an accessory use under this section.
(3)
Large animals may be kept as an accessory use to a single-family
detached dwelling in any zoning district provided that their keeping
is clearly incidental to the principal use of the residential dwelling.
For purposes of this section, a "large animal" shall be defined as
an animal standing over 30 inches at the shoulder or weighing over
200 pounds. Large animals (such as cattle, horses and pigs, but excluding
dogs) and fowl (excluding domesticated chickens which are separately
regulated below) shall be stabled or housed in buildings which are
a minimum of 100 feet from any lot line. In order to keep large animals
for private, recreational use of the residents of the property where
the large animals are kept, there must be a minimum of two acres for
the first large animal and one acre for each additional large animal.
In order to keep fowl (excluding domesticated chickens), goats or
pigs for private, recreational use of the residents of the property
where the fowl, goats or pigs are kept, there must be a minimum of
two acres to keep up to four fowl, goats or pigs and 1/2 acre for
each additional animal. All grazing and pasture areas for horses,
goats and pigs must be fenced.
(4)
The person with the responsibility for the care of the animals shall
keep the animals off private property which he/she does not have permission
to use, and shall regularly collect and properly dispose of fecal
matter from the animals in a sanitary manner that avoids nuisances
for neighbors. Waste matter shall not be allowed to be carried by
stormwater into waterways or onto other lots.
(5)
Domesticated chickens. Domesticated female chickens may be kept as
a noncommercial accessory use to a single-family detached dwelling
in any zoning district upon property with a minimum lot area of one
acre, provided their keeping is clearly incidental and subordinate
to the principal use of the residential dwelling, and subject to the
additional restrictions:
(a)
A maximum of five chickens may be kept on a lot that has a lot
area equal to or greater than one acre.
(b)
Roosters are prohibited.
(c)
The chicken coop and run must be located to the rear of the
dwelling. The chicken coop must provide at least four square feet
per chicken if it is attached to an exterior run and six square feet
per chicken if it does not have an exterior run. The chicken coop
and/or run shall be located a minimum of 20 feet from the rear property
line and 15 feet from any side property line. The fence used for the
run shall have a minimum height of four feet and a maximum height
of six feet. The chicken coop and run shall be fully enclosed to prevent
entry of predators or the escape of the chickens.
(d)
It shall be unlawful for the owner of chickens to allow the
same to run at large upon any public land, including, but not limited
to, sidewalks, streets, roads, alleys, parks, or upon another person's
private property.
(e)
All owners of chickens must maintain sanitary living conditions
for the chickens so that the keeping of chickens does not become a
public or private nuisance. All chicken feed must be stored in closed
containers. Owners shall remove feces at least once a week. The feces
must be double-bagged and placed in the trash for collection. Any
slaughtering of chickens shall be conducted in a fully enclosed structure.
(f)
Permits. An owner wishing to keep chickens on his/her property
must obtain a zoning permit from the Zoning Officer for the use and
the structures. A stormwater permit shall also be required and shall
follow the guidelines outlined for storage sheds. An applicant seeking
to obtain a permit to maintain chickens must submit an application
on forms provided by the Township and pay the applicable permit fee
as determined by resolution of the Board of Supervisors.
(g)
Denial, suspension or revocation of permit. The Township shall
deny a permit if the applicant has not demonstrated compliance with
all of the provisions of this section. A permit to keep domesticated
chickens may be suspended or revoked by the Township where the Township
finds that the keeping of the chickens creates a public nuisance or
for any violation of, or failure to comply with, any of the provisions
of this section or with the provisions of any other applicable ordinance
or law.
B.
Standard antenna. Before a building permit for the
erection of a standard antenna and its support structure may be issued,
the applicant must demonstrate compliance with the following regulations.
[Amended 6-19-2001 by Ord. No. 129-C-01]
(1)
Height. No standard antenna, including its supporting structure, shall have a total height, as defined in § 240-6, above the average surrounding ground level of greater than 75 feet in any district.
(2)
Anchoring. Any standard antenna shall be properly
anchored to resist high winds.
(3)
Setbacks. The standard antenna support structure shall
comply with the setbacks required for the zoning district of the property
where the standard antenna support structure shall be located. The
standard antenna shall not encroach into any front yard but
may encroach into the side or rear yard, provided that no part of
the standard antenna is closer than 10 feet from any rear or side
lot line.
(4)
Standard antenna support structure safety.
(a)
Standard antenna support structures must be
constructed from one of the following materials: aluminum, galvanized
steel, other equally weather resistant steel or other materials approved
by the Township Engineer. All ground-mounted standard antenna support
structures exceeding 35 feet in height shall be erected in such a
manner so as to be able to withstand a minimum wind velocity of 80
miles per hour (impact pressure of 25 pounds per square foot).
(b)
The applicant shall demonstrate that the proposed
standard antenna(s) and standard antenna support structure are designed
and constructed in accordance with the Township Building Code[1] and all applicable national building standards for such
facilities and structures.
(c)
The applicant shall demonstrate that the proposed
standard antenna and standard antenna support structure are designed
in such a manner so that no part of the facility will attract/deflect
lightning onto adjacent properties.
(d)
The applicant shall take appropriate measures
to prevent unauthorized access or climbing onto the standard antenna
and standard antenna support structure (for example, by installing
fencing around the perimeter of the property where the standard antenna
is located or the standard antenna support structure itself).
(5)
Electrical requirements. All standard antenna support
structures, whether ground- or roof-mounted, shall be grounded. Grounding
shall be in accordance with the provisions of the National Electrical
Code.
(6)
Inspection by Township. The Township Building Inspector
shall inspect the foundation and the erection of the standard antenna
support structure.
(7)
Lighting. Standard antenna support structures shall
meet all Federal Aviation Administration (FAA) regulations. No standard
antenna support structure may be artificially lighted except when
required by the FAA or other governmental authority. When lighting
is required by the FAA or other governmental authority, it shall conform
to all FAA regulations. The applicant shalt promptly report any outage
or malfunction of FAA mandated lighting to the appropriate governmental
authorities and to the Township Secretary.
(8)
Notification to neighboring properties. If a standard
radio antenna is to be used in conjunction with a radio transmitter,
or a standard antenna and/or standard antenna support structure is
erected more than 10 feet above the existing structure to which it
is attached, the applicant must present a written affidavit confirming
that he has notified all property owners within 500 feet of his property
of his intent to erect a standard antenna and/or standard antenna
support structure and his pending application for a building permit
for the same.
C.
Apartment for care of a relative.
(2)
Apartment for care of a relative shall be restricted to occupancy by a "relative," as defined in § 240-6, of a permanent resident of the principal dwelling unit on the property. A maximum of two persons shall inhabit such apartment.
(3)
At least one resident of the apartment shall need
care and supervision because of old age, disability, handicap, mental
retardation/developmental disability or illness.
(4)
Such dwelling unit shall be designed and installed
in such a way that it can easily be reconverted into part of the principal
dwelling unit after such relative no longer lives within it. Once
the unit is no longer occupied by the relative, the dwelling shall
be reconverted into part of the principal dwelling unit or be completely
removed, and any kitchen, including the sink, stove, disposal, dishwasher
and refrigerator and all plumbing and electrical connections thereto,
which have been installed shall be removed. Prior to the use of such
accessory apartment, the property owner shall execute an agreement
on a form prepared by the Township which specifies the restrictions
on the use of such accessory apartment and prohibits the property
owner from renting the apartment to a nonrelative of the current property
owner or future property owners. Such agreement shall be recorded
in the Office of the Recorder of Deeds prior to the Zoning Officer
issuing a use and occupancy permit for the accessory apartment.
[Amended 7-16-2002 by Ord. No. 129-O-02]
(5)
The occupants of the principal dwelling unit shall
report any change in adults residing in such dwelling.
(6)
Once an apartment under this section is required to
be removed or reconverted, there shall be no physical evidence visible
from exterior lot lines that a separate apartment existed.
(7)
Such apartment shall not adversely affect the single-family
residential exterior appearance of a dwelling.
(8)
Such apartment may have its own kitchen.
D.
Day-care center as an accessory use.
(1)
A day-care center may be provided within an approved
area of a principal or accessory building.
(2)
Any additional off-street parking needed for the center
shall be provided on the same lot as the center. A minimum of one
parking space shall be designed and reserved for the convenient and
safe pickup and drop off of persons.
(3)
The operation of such center shall be in accordance
with applicable state standards, including having a valid state license
and/or registration as required.
(4)
A day-care center as an accessory use to a dwelling
unit shall care for the following maximum number of persons at any
point in time other than relatives of the operator of the use:
(5)
Any day-care center serving four or more children
shall have a safe, fenced outdoor play area.
(6)
A day-care center that is accessory to a dwelling
unit shall also meet the requirements for a home occupation, as stated
in this section.
E.
Fences and walls.
[Amended 7-16-2002 by Ord. No. 129-O-02]
(1)
Fences and walls which are erected in the side or
rear yards shall not exceed six feet in height on a residential lot
and eight feet in height on any other lot, except tennis court fences,
which may not exceed 10 feet in height. Such fences may be solid.
(2)
Fences and walls which are erected within the required
front yard shall not exceed four feet in height and shall maintain
a minimum one to one ratio of open to structural areas (such as a
picket-style or split-rail fence).
(3)
A fence or wall which is erected along the side street
yard which extends to the rear property line shall not exceed four
feet in height.
(4)
If one side of a fence is more finished or is flatter
than the other side of the fence, and the fence faces another abutting
dwelling or a street, then such more-finished or flatter side shall
face such other dwelling or such street.
[Added 7-1-2008 by Ord. No. 129-D-08]
F.
Garages and other structures that are accessory to
dwellings. A garage or other structure of 80 square feet or greater
that is accessory to a dwelling shall not be located within a required
front yard for a principal building, as specified in the applicable
district regulations.
G.
Garage sale.
(1)
A garage sale (see definition in § 240-6) shall not include wholesale sales nor sale of new merchandise of a type typically found in retail stores.
(2)
No garage sales shall be held on a lot during more
than four days total in any three consecutive months.
(3)
The use shall be clearly accessory to the principal
use.
H.
Private greenhouse. Private greenhouses shall be permitted,
provided that they shall not include the outdoor storage of equipment
and supplies and shall conform to the principal building setback regulations
of the applicable district.
J.
Home occupation.
[Amended 1-2-2001 by Ord. No. 129-A-01; 10-21-2003 by Ord. No. 129-L-03]
(1)
Where allowed. A home occupation shall be permitted
by conditional use of the Board of Supervisors as an accessory use
to a single-family detached dwelling. Such use must conform to the
accessory use regulations of the zoning district in which the property
is located and all standards listed in this section. The permit for
a home occupation which has been approved as a conditional use shall
not be transferrable unless it is for the identical home occupation
as previously existed, and shall be subject to both the rules and
regulations of this chapter and reissuance of a permit by the Zoning
Officer.
(2)
Number of uses. Only one home occupation or one home-related
business shall be permitted on any one lot. No lot shall be permitted
to have both such uses.
(3)
Procedures for obtaining a permit for a home occupation. Upon determination that the proposed use is a home occupation and allowable as a conditional use in the zoning district for which the use is proposed, the Zoning Officer shall require the applicant to complete and file a conditional use application with the Board of Supervisors in accordance with § 240-31B. If the Board of Supervisors grants the conditional use for the Home Occupation, the Zoning Officer shall issue a zoning permit subject to compliance with the applicable standards of this section and any conditions imposed by the Board.
(4)
Inspections. Prior to the issuance of a zoning permit,
the Zoning Officer shall inspect the proposed dwelling which is the
subject of the conditional use application to ensure that the dwelling
unit, accessory structure and/or lot to be utilized for the home occupation
comply with all applicable Township ordinances and regulations and
any applicable laws or regulations promulgated by other regulatory
authorities having jurisdiction of any aspect of the property affected
by the proposed use. Home occupation permits shall be issued and valid
for a period of one year from the date of issuance and shall be renewable
annually for the approved home occupation, subject to an annual inspection
of the property by the Zoning Officer and the permittee’s payment
of the renewal fee as established by resolution of the Board of Supervisors.
(5)
Complaints. As a condition of the issuance of any
permit, the applicant shall be deemed to have agreed that the Zoning
Officer shall have the right to inspect the property for which the
home occupation permit has been issued if the Zoning Officer either
receives a complaint of violation of the permit which he finds to
be reasonably reliable or the Zoning Officer has other reasonable
grounds to believe that the conditional use approval and/or the permit
are being violated. Failure of the permittee, owner or occupant to
provide access to the Zoning Officer shall result in either revocation
of the permit, or the Zoning Officer, in his discretion, may apply
to a Judge of the court having jurisdiction for an administrative
search warrant.
(6)
Standards. A home occupation must comply with all
of the following standards:
(a)
Use. The home occupation must be an accessory
use clearly incidental to the residential use of the dwelling and
shall be conducted entirely within the principal dwelling unit where
the owner of the dwelling and operator of the home occupation resides,
or within a structure accessory to the principal residential dwelling
located on the same lot as the principal residence.
(b)
Size. The use shall not exceed a total area
of 500 square feet, including any accessory space or structure and/or
storage space.
(c)
Appearance. There shall be no change in the
outside appearance of the dwelling unit, accessory structure and/or
lot as they existed on the date of issuance of the home occupation
permit arising from the home occupation use or other visible evidence
of the conduct of such home occupation, except for a sign which complies
with the provisions in this section. The residential character of
the neighborhood shall not be changed as a result of the home occupation.
(d)
Nuisance. No equipment or process shall be used
in a home occupation which creates noise, vibration, glare, fumes,
odors, dust or electrical interference detectable to normal senses
beyond the property line in excess of levels customarily generated
by a residential use. No burning, heating or other process will take
place which might produce toxic or noxious odors, fumes or gasses.
(e)
Storage. No outside storage, display or testing
of materials, equipment or products shall be permitted. A dumpster
shall not be brought onto the lot, or be utilized upon the lot, for
the use of the home occupation.
(f)
Requirements. All home occupations shall comply
with all requirements of any regulatory agency having jurisdiction
over the occupation and related practices carried out upon the lot
for which the permit is issued.
(g)
No violations. No permit shall be issued for
any home occupation for a lot that is wholly or partly in violation
of any Township ordinance.
(h)
Employees. Nonfamily members or nonresident
family members working on the property shall not exceed one person,
including any independent contractor. A person serving as an employee
for the home occupation shall be considered an employee for the purpose
of this section whether or not the person receives any remuneration.
(i)
Hours of operation. The home occupation shall
not be open to the public before 7:00 a.m. or after 10:00 p.m., prevailing
time.
(j)
Parking. Any additional parking needs shall comply with the standards as enumerated for home occupations in § 240-33 of this chapter. There shall be a maximum of two additional spaces allowed. All parking for the home occupation shall occur only in either a side or rear yard.
(k)
Servicing by truck. Pickup and delivery of parcels shall be limited to four vehicular trips per day and shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing time. Any event requiring the utilization of a tri-axle vehicle shall be limited to no more than two vehicle trips per week. Truck visits, for any purpose, shall be counted in the vehicular trip allowance specified below in Subsection J(6) below.
(l)
Traffic. The traffic generated by the home occupation
shall not exceed 16 vehicular trips per day, i.e., eight trips in
and eight trips out.
(m)
Sign. Only one nonilluminated identification
sign, not to exceed two square feet, shall be permitted. Such sign
shall generally be of neutral color(s) (such as earth tones) and not
day-glow or garish colors. The allowable sign may be placed on the
exterior of the residence or as an attachment to a mailbox post which
is installed in the public right-of-way and meets the approval of
the U.S. Postal Service and which houses an approved mailbox. A sketch
of any proposed sign shall accompany the conditional use application.
(n)
Solid waste and sewer discharge. The business
activity may not generate any solid waste or sewage discharge, in
volume or type, which is not normally associated with residential
use in the neighborhood.
(7)
Uses not permitted. The following occupations/businesses
are expressly not allowed as a home occupation and such uses will
not be granted a permit or conditional use approval as a home occupation:
(a)
Animal hospital or animal shelter.
(b)
Auto or small engine repair or any parts or
components thereof.
(c)
Any business or corporation with more than two
nonresident or nonrelated partners or officers working at the site
on a regular basis.
(d)
Boarding home.
(e)
Funeral parlor or undertaking establishment.
(f)
Furniture stripping.
(g)
Gift or antique shop.
(h)
Kennel, commercial kennel or commercial stable.
(i)
Medical or dental clinic with more than one
doctor or dentist.
(j)
Painting of vehicles, trailers or boats.
(k)
Private school.
(l)
Rental business.
(m)
Restaurant.
(n)
Rooming house.
(o)
Welding shop.
(p)
Animal training.
(q)
Any adult use.
(r)
Sale or manufacture of fireworks.
(s)
Tar and roofing business.
(t)
Other uses of a similar character as those listed
above.
(u)
Any use or activity which creates a nuisance.
(v)
Sale, manufacture or transfer of firearms.
[Added 12-20-2016 by Ord.
No. 129-C-2016]
K.
Home-related business.
[Amended 1-2-2001 by Ord. No. 129-A-01]
(1)
Workers. Non-family-members, nonresident family members,
or independent contractors working on the property, whether receiving
remuneration or not, shall not exceed two persons. Persons assisting
with the administration of the home-related business shall be considered
workers regardless of whether they receive remuneration or not.
(2)
Sign. Except for vehicular signs as defined in § 240-6, no sign shall be permitted on the property indicating the presence of a home-related business.
(3)
Size. The use shall not exceed 500 square feet of
the total floor area of the dwelling unit, including any accessory
structure or space used for storage.
(4)
Parking and loading. Adequate space for off-street parking and loading related to the home-related business shall be provided in accordance with § 240-33 of this chapter. The workers of the home-related business and all business vehicles as described in § 240-32K(8) shall park in the parking spaces which are provided for such use. Such parking spaces shall be located only to the side or to the rear of the dwelling unit containing the home-related business and shall meet the following conditions:
(a)
The parking area shall be screened from the
direct view of an adjacent residential use or a road by a wall or
solid fence, five feet high or a completely planted visual barrier
consisting of evergreen trees with a minimum planted height of six
feet at the time of planting and placed no more than ten feet on center.
Evergreens that have the natural habit of losing their lower branches
over time shall not be used as screening. The required trees shall
be staggered so as to provide as complete a visual barrier as is possible.
The owner shall be responsible for maintaining the trees to ensure
that they meet the above regulations while the property is used for
a home-related business purpose. Dead or dying trees shall be promptly
replaced.
(b)
The parking area will be constructed of aggregate
and/or bituminous paving and meet the approval of the Township Engineer
or Director of Public Works.
(5)
Building appearance. Following inception of the use,
there shall be no change in the outside appearance of the dwelling
unit, accessory structure and/or lot related to the home-related business
as they existed on the date of issuance of the permit authorizing
the home-related business or other visible evidence of the conduct
of a home-related business. Outdoor storage of materials and equipment
shall be prohibited.
(6)
Nuisance. No equipment or process shall be used in
a home-related business which creates noise, vibration, glare, fumes,
odors, dust or electrical interference detectable to normal senses
beyond the property line in excess of levels customarily generated
by a residential use. No burning, heating or other process will take
place which might produce toxic or noxious odors, fumes or gasses.
(7)
Storage. The outside storage of materials, equipment
or products shall be prohibited. A dumpster shall not be brought onto
the property, or be utilized upon the property, for the use of the
home-related business.
(8)
Business vehicles. A maximum of two vehicles, bearing
current and valid inspection and emissions stickers and currently
licensed by the Pennsylvania Department of Motor Vehicles, which are
used for a home-related business shall be permitted on the lot on
which the home-related business is conducted, except in the case of
a multifamily dwelling unit where only one such vehicle shall be permitted
for a home-related business. No one vehicle shall exceed 10,000 pounds
of gross vehicle weight, nor shall the combined weight of one vehicle
and another vehicle (motorized or nonmotorized, such as a trailer
or equipment) that are attached or capable of attachment together
exceed 10,000 pounds of gross vehicle weight.
(9)
Uses. Permitted home-related business uses include,
but are not limited to, such uses as an electrician, plumber, carpenter
and other skilled workman.
(10)
Servicing by truck. Pickup and delivery of parcels
and materials shall be limited to four vehicle trips per day and shall
be permitted only between the hours of 7:00 a.m. and 7:00 p.m., prevailing
time. Any event requiring the utilization of a tri-axle vehicle (other
than one normally permitted under the above) shall be limited to not
more than two vehicular trips per week.
(11)
Customer/client visits. The home-related business
use shall not involve any customer or client visits to the property,
and there shall be no direct sales of products on or from the lot.
(12)
Number of uses. Only one home-related business shall be permitted on any one lot, except as permitted in § 240-32K(14).
(13)
Permit. It shall be illegal for any person to
conduct a home-related business on any property unless he has applied
for and been issued a home-related business permit by the Zoning Officer.
An inspection by the Zoning Officer shall be required prior to the
issuance of any such permit.
(14)
Location. A home-related business shall take
place only on a lot containing a single-family detached dwelling and
shall be conducted only within the dwelling unit or an accessory structure
allowed as an accessory use in the zoning district in which the lot
is located; except that a home-related business may be conducted from
a multifamily dwelling unit, provided that there shall be no nonfamily
workers or nonresident family workers and there shall be only one
business vehicle permitted.
L.
Horse barn. Structures for the shelter of horses belonging
to the occupant of the property shall be permitted with the following
restrictions.
(1)
The lot shall contain a minimum of two acres.
(2)
All barns shall be at least 100 feet from all property
lines.
(3)
No manure shall be stored within 100 feet of the property
lines.
(4)
All manure shall be collected on a regular basis and
be disposed of in a sanitary manner that avoids nuisances for neighbors.
Manure shall not be allowed to be carried by stormwater into waterways
or onto other lots.
M.
Outdoor storage and display, commercial or industrial
(not including routine display of vehicles or plants for sale or lease).
(1)
Location. Outside storage or display shall not occupy
any part of the street right-of-way, any area intended or designed
for pedestrian use, any required parking areas or any part of the
required front yard.
(2)
Size. Outside storage and display areas shall occupy
an area of less than 1/2 the existing building coverage. Uses requiring
more land area for storage or display may apply for a special exception
by the Zoning Hearing Board. In no case shall more than 25% of the
lot area be used in outdoor storage or display.
(3)
Shielded from view. Outside storage areas shall be
shielded from view from the public streets and abutting residential
property.
N.
Recreational vehicle storage. In all residential districts, a maximum of two recreational vehicles (See definition in § 240-6.) may be parked, stored or otherwise located on a lot. The recreational vehicles shall be parked, stored or otherwise located at the rear or side of a principal building only, and shall not be stored within the required front yard except as necessary for routine occasional loading and unloading. No recreational vehicle or unit shall be stored closer than 10 feet to the side or rear lot line. The total combined length of the two recreational vehicles shall not exceed 60 feet. Nothing in this section shall prevent a person from storing one or more recreational vehicles inside of a building.
[Amended 7-1-2008 by Ord. No. 129-D-08]
O.
Solar energy systems. It is the purpose of these regulations to promote
the safe, effective and efficient use of solar energy systems installed
to reduce the on-site consumption of utility-supplied energy and/or
hot water as a permitted accessory use while protecting the health,
safety and welfare of adjacent and surrounding land uses through appropriate
zoning and land use controls. A solar energy system shall be permitted
in any zoning district as an accessory use to a principal use herein
and subject to specific criteria as set forth below; except, solar
energy systems shall be prohibited on properties designated as historic
resources on the Township Historic Resource Inventory. Where said
general standards and specific criteria overlap, the specific criteria
shall supersede the general standards.
[Amended 3-17-2015 by Ord. No. 129-D-2015]
(1)
The installation and construction of a solar energy system shall
be subject to the following development and design standards:
(a)
A solar energy system is permitted in all zoning districts as
an accessory use to a principal use, provided that a ground-mounted
solar energy system shall not exceed 1,000 square feet of land area.
If the ground-mounted solar energy system exceeds 1,000 square feet
of land area, it shall only be permitted by conditional use of the
Board of Supervisors.
(b)
A solar energy system shall provide power for the principal
use and/or accessory use of the property on which the solar energy
system is located and shall not be used for the generation of power
for the sale of energy to other users, although this provision shall
not be interpreted to prohibit the sale of excess power generated
from time to time to local utility companies.
(c)
The owner of a solar energy system connected to the utility
grid shall provide written authorization from the local utility company
to the Township acknowledging and approving such connection.
(d)
A solar energy system may be roof mounted (Illustration No.
1 and No. 2) or ground mounted (Illustration No. 3).[2]
[2]
Editor's Note: Illustration Nos. 1 through 3 are included as attachments to this chapter.
(e)
A roof-mounted system may be mounted on a principal building
or accessory building. A roof-mounted system, in the case of a flat
roof, whether mounted on the principal building or accessory building,
may exceed the maximum principal building height or accessory building
height specified for the building type in the underlying zoning district
by no more than two feet. Rooftop solar energy systems shall not be
included in the calculation of building height.
[Amended 12-1-2020 by Ord. No. 129-C-2020]
(f)
A ground-mounted system shall not exceed a maximum height of
eight feet.
(g)
The surface area of a ground-mounted system, regardless of the
mounted angle, shall not be calculated as part of the overall impervious
coverage provided that the following criteria are met:
[1]
Earth disturbance and grading activities shall be minimized
to the greatest extent feasible and natural vegetative cover shall
be preserved and/or restored. Low-impact construction techniques shall
be utilized as feasible.
[2]
Vegetative cover shall have a 90% or better uniform coverage.
Gravel shall not be considered pervious cover. The applicant shall
present a plan that demonstrates that the vegetative cover proposed
will create a uniform vegetative cover underneath the solar panels.
[4]
Ground-mounted solar panels are supported with structures/foundations
occupying minimal space (maximum 5% of the total project area).
[5]
Solar panels are situated on slopes less than 10%.
[6]
The highest vertical clearance of the solar array is at an elevation
of eight feet or less from the ground, but is also at an adequate
height to promote vegetative growth below the array.
(h)
A ground-mounted system shall be located behind the principal
structure within the building envelope.
(i)
The minimum setback between the solar energy system and any
property line shall be equivalent to the applicable building setback
requirement of the underlying zoning district.
(j)
Ground-mounted solar energy systems, including solar panels
and mechanical equipment, shall be fully screened from any adjacent
property or public/private road by a solid fence with a height at
least equal to the height of the highest solar panel. The fence shall
be maintained for as long as the solar energy system is located on
the property. Solar panels shall be placed such that concentrated
solar radiation or glare shall not be directed onto nearby properties
or roadways.
(k)
The solar energy system shall comply with all relevant Federal
Aviation Administration rules and regulations, if any.
(l)
All power transmission lines from a ground-mounted solar energy
system to any building or other structure shall be located underground.
(m)
A solar energy system shall not be used to display advertising,
including signage, streamers, pennants, spinners, reflectors, ribbons,
tinsel, balloons, flags, banners or similar materials. The manufacturers
and equipment information, warning, or indication of ownership shall
be allowed on any equipment of the solar energy system provided such
information complies with the prevailing sign regulations.
(n)
A solar energy system shall not be constructed until a building/zoning
permit has been approved and issued.
(o)
The design of the solar energy system shall conform to applicable
industry standards and codes.
(2)
If a ground-mounted solar energy system is removed, any earth disturbance
as a result of the removal of the ground-mounted solar energy system
shall be graded and reseeded.
(3)
If a ground-mounted solar energy system has been abandoned (meaning
not having been in operation for a period of six months) or is defective
or is deemed to be unsafe by the Township Zoning Officer, the solar
energy system shall be required to be repaired by the owner to meet
federal, state and local safety standards, or be removed by the property
owner within the time period allowed by the Township Zoning Officer.
P.
Storage sheds and accessory buildings.
(1)
Storage sheds.
[Amended 7-1-2008 by Ord. No. 129-D-08]
(a)
On lots of one acre or less, a maximum of one
storage shed of a maximum floor area of 120 square feet and a maximum
height of 12 feet at its highest point may be placed or erected within
the required side and/or rear yards of the property.
(b)
On lots greater than one acre, a maximum of
two storage sheds, each of a maximum floor area of 120 square feet
and a maximum height of 12 feet at its highest point, may be placed
or erected within the required side and/or rear yards of the property;
or, in the alternative, one storage shed of a maximum floor area of
240 square feet and a maximum height of 12 feet at its highest point
may be placed or erected within the required side and/or rear yards
of the property.
(2)
Any other size of accessory building shall conform
to the applicable yard requirements for principal buildings.
Q.
Swimming pool.
(1)
Pools shall be located behind the building setback
line and in no case shall the edge of water be closer than 25 feet
to any lot line.
(2)
Fencing.
(a)
All pools shall have a permanent enclosure erected
and maintained that entirely and completely surrounds the pool. The
enclosure shall extend not less than four feet above the ground. All
gates shall be self-closing, self-latching and lockable with latches
placed at least four feet above the ground. The enclosure shall be
constructed so as to prohibit the passage of a sphere larger than
four inches in diameter through any opening or under the fence. Fences
shall be designed and constructed to withstand a horizontal concentrated
load of 200 pounds applied on a one-square-foot area at any point
of the fence/enclosure.
(b)
Aboveground pools (which shall include pools
less than 10% in-ground) shall not require a fence if the walls of
the pool are at least four feet above grade on all sides, but any
fixed stairway or entranceway shall be entirely and completely enclosed
to a height of four feet above ground, and any gate shall be self-closing,
self-latching and lockable with no openings that will pass a sphere
greater than four inches in diameter. Any removable access, such as
a ladder, need not comply, but must be removed when not in use.
(3)
The land area occupied by a pool and any accompanying
structure shall be included in the impervious coverage percentage.
(4)
If the pool is supplied from a private well, there
shall be no cross-connection with a central water supply system. All
water supply inlets shall be above the overflow level to the pool.
(5)
No swimming pool shall have a drainage system connected
to the sanitary sewers. All methods of drainage shall be stated on
the Zoning Permit and be approved by the Township Engineer.
(6)
No loudspeaker or amplifying system shall be permitted
which will project sound beyond the boundaries of the property.
(7)
All lighting shall be located as not to shine directly
beyond the limits of the property.
R.
Temporary structure or use. A temporary permit may
be issued by the Zoning Officer for structures or uses necessary during
construction or other special circumstances of a nonrecurring nature,
subject to the following additional provisions:
S.
Tennis court. Private tennis courts shall be permitted,
provided that they are not located within a front yard; they conform
to the side and rear yards for principal buildings in the applicable
district; and they have no lighting shining from the subject lot directly
onto the lot of another dwelling.
T.
Windmill.
(1)
All windmills shall be enclosed by a fence at least
four feet in height which is located at least five feet from the base
of such windmill.
(2)
No windmill shall be permitted that permits any vane,
sail or rotor blade to pass within 10 feet of the ground.
(3)
All electrical wiring leading from a windmill shall
be located underground.
(4)
No windmill (except the blades) shall exceed the maximum
building height of the zoning district in which it is located.
(5)
A windmill shall be located at least two times its
total height (including blades) from any building or property not
owned by the owner of the windmill, or any street line.
U.
No-impact home-based business. Upon issuance of a
permit by the Zoning Officer and payment of all applicable fees as
determined by resolution of the Board of Supervisors, a no-impact
home-based business shall be permitted in all zoning districts as
an accessory use to a dwelling unit. A no-impact home-based business
must comply with all of the following criteria:
[Added 10-21-2003 by Ord. No. 129-L-03; amended 10-4-2011 by Ord. No. 129-J-11]
(1)
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than
family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods
and no stockpiling or inventory of a substantial nature. Sales made
via electronic media or other external solicitation shall be permitted.
(4)
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
(5)
The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors or electrical
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste
or sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
(7)
The business activity shall be conducted only within
the dwelling unit and may not occupy more than 25% of the habitable
floor area.
(8)
The business may not involve any illegal activity.
Off-street parking and loading requirements
applicable to all districts.
A.
Required number of off-street parking spaces.
(1)
Overall requirements.
(a)
Each use established, enlarged or altered in
any district shall provide and satisfactorily maintain off-street
parking spaces in accordance with the following table, Off-Street
Parking Requirements, and the regulations of this chapter.
(b)
Uses not specifically listed in the table shall
comply with the requirements for the most similar use listed in the
table.
(c)
Where a proposed use contains or includes more
than one type of use (regardless of whether each use is listed in
the table or is an unlisted use), the number of parking spaces required
shall be the sum of the parking requirements for each separate use.
(d)
Where the computation of required parking spaces
results in a fractional number, the fraction of 1/4 or more shall
be counted as one.
(e)
In any case, at a minimum, all uses shall provide
sufficient parking to accommodate all parking of employees during
the largest shift.
(2)
Conditional reduction in off-street parking areas.
(a)
(b)
The Board of Supervisors may in its discretion permit a reduction, during the subdivision and land development review process, of the number of parking spaces to be initially developed as required by Subsection A(1) of this section, provided that each of the following conditions are satisfied:
[Amended 11-1-1999 by Ord. No. 129-G-99]
[1]
The applicant shall demonstrate to the Board of Supervisors, using existing and projected (five years) employment, customer or other relevant data, that a reduction in the off-street parking spaces to be initially developed as required by Subsection A(1) is warranted.
[2]
Plan submission.
[a]
The applicant shall submit plans of the parking lot(s) which designate a layout for the total number of parking spaces needed to comply with the parking requirement in Subsection A(1).
[b]
The plans shall clearly designate
which of these parking spaces are proposed for immediate use and which
spaces are proposed to be conditionally reserved for potential future
use.
[c]
The portion of the required parking
spaces conditionally reserved for potential future use shall not be
within areas for required buffer yards, setbacks or areas which would
otherwise be unsuitable for parking spaces due to the physical characteristics
of the land or other requirements of this chapter.
|
Minimum Off-Street Parking Requirements
[Amended 5-5-1999 by Ord. No. 129C-1999; 9-7-1999 by Ord. No. 129-F-99; 4-12-2005 by Ord. No.
129-B-05; 4-18-2006 by Ord. No. 129-B-06; 3-17-2009 by Ord. No.
129-E-09; 6-7-2011 by Ord. No. 129-F-11; 7-11-2017 by Ord. No. 129-B-2017] |
|
Use
|
Minimum Off- Street Parking Spaces
|
Plus the Following Minimum Off-Street
Parking Spaces
| ||
|---|---|---|---|---|
|
A. Agricultural uses
| ||||
|
1.
|
Agriculture
|
1 per employee
|
----
| |
|
2.
|
Animal hospital/veterinarian
|
1 per employee
|
4 spaces per doctor
| |
|
3.
|
Animal husbandry
|
1 per employee
|
----
| |
|
4.
|
Greenhouse/nursery
|
1 per employee
|
1 per 100 sq. ft.*
| |
|
5.
|
Riding stable
|
1 per employee
|
1 per 4 animals of capacity
| |
|
6.
|
Seasonal roadside
|
1 per employee produce stand
|
1 per 100 sq. ft.*
| |
|
B. Residential uses
| ||||
|
1.
|
Dwelling unit (other than townhouses or apartments)
with:
| |||
|
3 bedrooms or less
|
2 spaces per dwelling unit
|
----
| ||
|
4 bedrooms or more
|
3 spaces per dwelling unit
|
----
| ||
|
2.
|
Townhouses or apartments
|
2.5 spaces per dwelling unit
|
----
| |
|
3.
|
Home occupation/home related business
|
1 per home occupation
|
1 per nonresident employee
| |
|
4.
|
(Reserved)
| |||
|
5.
|
Rooming/guest house or boardinghouse and similar
places
|
1 per dwelling unit
|
1 per rental unit plus space for each employee
| |
|
6.
|
Life care development
|
Minimum of 0.75 space for each independent living
unit, 0.25 for each intermediate care bed, 0.25 for each skilled care
bed plus 1 space per employee on the shift of highest employment
| ||
|
C. Public or private recreational
uses
| ||||
|
1.
|
Indoor recreation (bowling alley, membership
club, theater, auditorium, library, community center)
|
1 per 45 sq. ft.*
|
1 per 2 employees on shift of highest employment
| |
|
2.
|
Outdoor recreation (golf course, ballfield,
stadium)
|
1 per 4 persons of total designed capacity
|
1 per 2 employees on shift of highest employment
| |
|
3.
|
Health/exercise/tennis clubs
|
1 per 250 square feet of gross floor area
|
1 per 2 employees on shift of highest employment
| |
|
D. Institutional and educational
uses
| ||||
|
1.
|
Churches or other places of worship
|
1 per 40 inches of pew or bench or every 4 seats
|
1 per 2 employees on shift of highest employment
| |
|
2.
|
Hospital/nursing home
|
1 per 2 beds/4 beds
|
1 per staff or visiting doctor plus 1 space
for each 1 employee on shift of highest employment
| |
|
3.
|
Medical or dental office; clinic
|
6 spaces per doctor
|
1 per employee
| |
|
4.
|
Nursery/day-care center
|
1 per employee
|
1 per 12 students
| |
|
5.
|
School
|
1 per faculty member and other full-time employee
|
1 per 2 classrooms and offices for an elementary,
junior or middle school and 1 for every 10 students or projected building
capacity for a senior high school
| |
|
6.
|
Utility substation
|
1 per vehicle normally required to service such
facility
|
----
| |
|
7.
|
Cyber charter school
|
1 per employee
|
1 per 1 student for the maximum number of students
on the property at any one time
| |
|
8.
|
Cyber charter school campus
|
1 per employee
|
1 per every student of driving age
| |
|
E. Retail and commercial service
uses
| ||||
|
1.
|
Auto, gas/service/repair
|
3 per service bay
|
1 per employee
| |
|
2.
|
Auto, recreational vehicle or boat sales
|
1 per 10 vehicles on display
|
1 per employee
| |
|
3.
|
Banks, savings and loan, other financial institution
|
1 per 150 sq. ft.*
|
1 per employee
| |
|
4.
|
Fast-food restaurant and food stand
|
1 per 30 sq. ft.*
|
1 per employee
| |
|
5.
|
Funeral home
|
1 per 4 seats for patron use
|
1 per employee
| |
|
6.
|
Hotel/motel
|
1 per rental unit
|
1 per employee
| |
|
7.
|
Laundromat
|
1 per 3 washing or dry-cleaning machines
|
1 per employee
| |
|
8.
|
Office
|
4 per 1,000 sq. ft. of gross floor area or 1
space per each employee on the largest shift,whichever is greater
|
1 space per company vehicle based at the facility,
plus a minimum of 4 spaces per principal building for visitors
| |
|
9.
|
Personal service business (barber shops, photo
shops, appliance repair)
|
1 per 150 sq. ft.*
|
1 per employee
| |
|
10.
|
Restaurant, standard
|
1 per 30 sq. ft.*
|
1 per employee
| |
|
11.
|
Retail store, general merchandise store
|
1 per 150 sq. ft.*
|
1 per 2 employees
| |
|
12.
|
Multiple principal use building
|
5 per 1,000 sq. ft. of gross floor area (not
including loading and unloading space) or 1 space per each employee
on largest shift, whichever is a larger number of spaces (except portions
of buildings that are primarily offices shall be calculated based
upon the office standard)
| ||
|
13.
|
Medical marijuana dispensary
|
1 per 150 sq. ft.
|
1 space per 2 employees
| |
|
F. Industrial, wholesale and
warehousing uses
| ||||
|
1.
|
Industrial, wholesale, warehousing uses
|
1 space per 1,000 sq. ft. of gross floor area
or 1 space per employee on the largest shift, whichever is greater
|
1 space per company vehicle based at the facility,
plus a minimum of 4 spaces per principal building for visitors
| |
|
2.
|
Multiple Use Building
|
Calculate using the aggregate number of parking spaces required
for each use in the building (i.e., for office use, warehouse use,
etc.)
|
1 space per company vehicle based at the facility, plus a minimum
of 4 spaces per principal building for visitors
| |
|
3.
|
Medical marijuana grower/processor
|
1 space per 1,000 sq. ft. of gross floor area
|
1 space per employee
| |
|
*Of all areas occupied by equipment, furnishings
or inventory accessible to customers or patrons, but not including
corridors, toilet rooms and other such accessory rooms as may be provided.
| ||||
|
**Of all areas occupied by equipment, furnishings
or inventory accessible to employees, but not including corridors,
toilet rooms and other such accessory rooms as may be provided.
| ||||
[d]
Areas conditionally reserved for
potential future use shall be attractively landscaped and remain in
open space.
[3]
The applicant shall enter into an agreement
with the Township requiring the applicant to maintain each conditionally
reserved area as attractively landscaped open space and convert some
or all of the conditionally reserved area to additional off-street
parking if at any time the Board of Supervisors finds (based upon
the results of field investigations and recommendations of the Township
Engineer) that additional parking is needed.
[Amended 3-7-2000 by Ord. No. 129-C-00]
B.
General regulations applying to required off-street
parking facilities.
(1)
Existing parking. Structures and uses in existence
prior to the effective date of this chapter shall not be subject to
the requirements of this section, provided that the kind or extent
of use is not changed and that any parking facility now serving such
structures or uses shall not in the future be reduced to an amount
less than that required by this chapter.
(2)
Changes in use. Whenever a building or use [including those specified in Subsection B(1)] is changed or enlarged in floor area, number of employees, number of dwellings, seating capacity or otherwise to create a need, based upon the requirements of Subsection A for an increase of 10% or more in the number of existing parking spaces, the number of additional spaces to be provided shall be based upon the incremental change or enlargement so required.
(3)
Continuing character of obligation.
(a)
All required parking facilities shall be provided
and maintained so long as the use which the facilities were designed
to serve still exists.
(b)
Off-street parking facilities shall not be reduced
in total extent except when such reduction is in conformity with the
requirements of this section in conjunction with a change in the nature
of the use.
(4)
Conflict with other uses. No parking area shall be
used for any other use that interferes with its availability for the
parking need it is required to serve.
(5)
Location of parking spaces.
(a)
Except as otherwise permitted by the Board of Supervisors pursuant to § 240-33B(8), required off-street parking spaces shall be on the same lot or premises with the principal use served except where this requirement cannot be met, in which case the parking shall be provided within 200 feet walking distance of the principal use.
[Amended 7-5-2005 by Ord. No. 129-G-05]
(b)
No off-street parking shall be provided between
a building setback line and a street right-of-way line with the following
exceptions: parking may be permitted on a private driveway serving
an individual dwelling unit; and parking shall be no closer than 60
feet to a street right-of-way line in the C-4 District.
(6)
Joint use.
(a)
Two or more uses may provide for required parking
in a common parking lot. The total number of spaces in such lot shall
be at least the sum of the spaces required for each use. The lot shall
also be located within 300 feet walking distance of all of the principal
uses that the common parking lot serves.
(b)
A written agreement which assures the continued
availability of such common parking areas shall be properly drawn
and executed by the parties concerned, approved by the Township Solicitor
as to legal sufficiency and filed with the application for the zoning
permit.
(7)
Handicapped parking.
(a)
The handicapped parking spaces may be counted as part of the total number of spaces that Subsection A requires. Each space shall be clearly delineated on the parking surface. A sign should be posted at each space clearly labeling it as a space reserved for the physically handicapped.
(b)
A ramp shall either be provided near the parking
spaces to facilitate access to the building or use or a portion of
the curb shall be lowered to ground level. Any ramp shall be constructed
of concrete, bituminous or other approved material. It shall have
a slope of no greater than 12 to 1 (8%) where a straight curb must
be negotiated to gain access to the sidewalk or building approach
or entry, and no greater than 20 to 1 (5%) where there is no curb,
unless other federal or state standards apply.
(c)
Number of spaces. Any lot including four or
more off-street parking spaces shall include a minimum of one handicapped
space. The following number of handicapped spaces shall be provided,
unless a revised regulation is officially established under the Federal
Americans With Disabilities Act:
|
Total Number of Required
Parking Spaces on the Lot
|
Required Minimum Number/Percent of
Handicapped Parking Spaces
| |
|---|---|---|
|
4 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of required number of spaces
| |
|
1,001 or more
|
20 plus 1% of required number of spaces over
1,000
|
(d)
Location. Handicapped parking spaces shall be
located where they would result in the shortest reasonable accessible
distance to a handicapped-accessible building entrance. Curb cuts
shall be provided as needed to provide access from the handicapped
spaces.
(e)
Minimum size. Each required handicapped parking
space shall be eight feet by 18 feet. In addition, each space shall
be adjacent to a five-foot-wide access aisle. Such access aisle may
be shared by two handicapped spaces by being placed between them.
However, one out of every eight required handicapped parking spaces
shall have an adjacent access aisle width of eight feet instead of
five feet.
(f)
Slope. Handicapped parking spaces shall be located
in areas of less than 6% slope in any direction.
(8)
Parking on a lot in an adjacent municipality. The
Board of Supervisors may, in its sole discretion, permit all or a
portion of the required off-street parking spaces to be located on
a lot in an adjacent municipality, provided that each of the following
conditions are satisfied:
[Added 7-5-2005 by Ord. No. 129-G-05]
(a)
The lot where the proposed parking lot will
be located must be adjacent to or across the street from the lot containing
the principal use.
(b)
The two lots must be held in common ownership
or the applicant must demonstrate that they have an easement that
ensures that the off-street parking will be available in perpetuity.
(c)
The applicant shall submit a written narrative
specifying how the people who utilize the proposed parking lot will
be able to safely access the principal use.
(d)
The applicant shall submit a plan of the proposed
parking lot in the adjacent municipality.
(e)
The applicant shall adhere to the East Goshen
requirement concerning the number of parking spaces.
(f)
The applicant shall be in compliance with the
design standards of the adjacent municipality when designing the parking
spaces on the lot within the adjacent municipality.
(g)
The governing body of the adjacent municipality
must approve the plan of the proposed parking lot.
C.
Design standards for off-street parking facilities.
(1)
Applicability. The design standards specified in this
section shall be mandatory for all new off-street parking facilities
with a capacity of three or more vehicles.
(2)
General requirement. Parking facilities shall be designed
so that their use shall not constitute a nuisance, hazard or unreasonable
impediment to traffic. Parking areas shall be arranged and marked
for orderly, safe movement. Each parking space shall be clearly delineated
to indicate its location. No parking areas shall be designed to require
or encourage parked vehicles to back into a public street in order
to leave a parking space.
(3)
Design and landscaping. No more than 10 parking spaces shall be located in a row that is unbroken by either an intersecting driveway or raised landscape planting island; provided, however, with respect to a parking lot located in the I-1, I-2 and BP Zoning Districts that was lawfully in existence on September 1, 2003, and is currently in compliance with all applicable Township ordinances and regulations, § 240-33C(11) may be used to add one additional parking space to the row of 10 such unbroken parking spaces by restriping of the existing parking spaces upon the Zoning Officer's issuance of a permit. No less than 5% of the off-street parking area shall be landscaped and be continually maintained. Planting along the perimeter of a parking area, whether for required screening or for general beautification, will not be considered part of the 5% parking area landscaping.
[Amended 10-7-2003 by Ord. No. 129-K-03]
(4)
Grading, surface drainage. Except for areas that are
landscaped and so maintained, all portions of required parking facilities,
including driveways, shall be graded, surfaced with bituminous concrete
or other equivalent material and drained to the satisfaction of the
Township Engineer to the extent necessary to prevent dust, erosion
or excessive water flow across streets or adjoining properties.
(5)
Accessibility. Parking areas shall be designed so
that each motor vehicle may proceed to and from the parking space
provided for it without requiring any other motor vehicle to be moved.
(6)
Entrance and exit drives.
(a)
At least 40 feet shall be provided between access
drives.
(b)
The width of entrance and exit drives shall
be a minimum of nine feet and maximum of 17 feet at the curbline for
one-way use only, and a minimum of 18 feet and maximum of 28 feet
at the curbline for two-way use, unless a different width is specifically
approved by the PADOT for access onto a state road, or if the applicant
proves to the satisfaction of the Zoning Officer that a wider access
point is needed for access by large trucks. The Township shall review
and approve the appropriate radius at each drive.
(c)
If the entrance and exit drives serve as drives for both off-street parking and off-street loading, the widths of the drives shall comply with Subsection D(3).
(d)
All lots shall provide sufficient stacking lanes
and/or other areas on the lot to accommodate vehicles waiting to exit
the lot, vehicles waiting at any drive-through facilities and vehicles
that have entered the lot and are waiting to drive into a parking
space, in a manner that will not cause traffic to back up onto a public
street.
(7)
Separated from street or sidewalk. Except where entrance
and exit drives cross street lines, all parking areas for any purpose
other than single-family residences shall be physically separated
from any public street or sidewalk by a concrete curb and by a planting
strip which shall be not less than 10 feet in depth. This ten-foot-wide
planting strip shall be parallel to the street line and shall be measured
from the street right-of-way line.
(8)
Screening. Any parking or off-street loading area
of five or more spaces which is not within a building and which abuts
or is across a street from any lot in a residential district, shall
be provided with a suitable fence, wall, raised berm or evergreen
planting at least four feet in height, designed to screen visibility
and headlight glare from such residential lot.
(9)
Nighttime illumination. Parking areas shall be adequately illuminated if designed for use by more than three cars after dusk. See glare provisions in § 240-24.
(10)
Parking space area dimensions. The minimum dimensions
of parking stalls, aisles and through drives with parking shall be
as follows:
|
Parking Space:
|
Drive or Aisle Width:
| ||||
|---|---|---|---|---|---|
|
Angle of
Parking
|
Width
(feet)
|
Depth
(feet)
|
One-Way
(feet)
|
Two-Way
(feet)
| |
|
90º
|
10
|
20*
|
22
|
24
| |
|
60º
|
10
|
21*
|
18
|
22
| |
|
45º
|
10
|
20*
|
15
|
20
| |
|
30º
|
10
|
18*
|
12
|
20
| |
|
Parallel
|
8
|
22*
|
12
|
20
| |
|
*Where parking spaces abut low landscaped areas,
it shall be permissible to reduce this dimension by two feet to allow
for vehicle overhang.
| |||||
(11)
Business districts. In the I-1, I-2 and BP Zoning
Districts, parking spaces may be reduced in width from 10 feet to
nine feet.
D.
Off-street loading.
(1)
General requirement.
(a)
Off-street loading sufficient to accommodate
the maximum demand generated by the use of the lot and with proper
access from the street or alley as determined by the Zoning Officer
or another applicable review agent for the Township shall be provided
on any lot on which a building for business or industry is erected.
(b)
No loading facility shall be constructed between
the building setback line and a street right-of-way line or between
a yard line and a property line.
(2)
Minimum size. Each off-street loading and unloading
space shall be sufficient in dimensions to accommodate the largest
vehicle that may load or unload at the site. For tractor-trailer trucks,
loading spaces shall be a minimum of 14 feet wide, 65 feet to 75 feet
long and 14 feet high. In addition, there shall be sufficient maneuvering
room separate from other parking to eliminate traffic conflicts within
off-street loading and parking areas.
(3)
Entrance and exit drives. The maximum width of driveways
and sidewalk openings measured at the street lot line shall be 35
feet. The minimum width shall be 20 feet, unless differing widths
are specifically approved by PADOT for access to a state street or
unless the applicant proves to the satisfaction of the Zoning Officer
that a wider width is needed to accommodate turns by tractor-trailer
trucks. The Township shall review and approve the appropriate radius
at each drive.
(4)
Use of parking space for loading. Required off-street
parking space may be used for loading and unloading purposes, but
only during hours when business operations are suspended.
[Amended 5-7-2002 by Ord. No. 129-J-02; 6-14-2004 by Ord. No. 129-O-04]
The regulations specified in this section shall
govern agricultural uses, the sale of farm produce and agricultural/business
activities in all zoning districts where permitted.
A.
Agricultural use regulations.
(1)
Crop farming and animal husbandry. Routine crop farming
and/or animal husbandry shall be permitted without restriction except
as follows:
(a)
The minimum size of a farm shall be 10 gross
acres, exclusive of road rights-of-way.
(b)
Farm buildings or structures shall not be constructed
closer than 85 feet to a front lot line nor closer than 100 feet to
a side or rear lot line.
(c)
A farm as defined herein, with at least 10 contiguous
gross acres may have a maximum of two dwelling units, both of which
shall remain in a single ownership and meet the applicable building
setbacks for the district in which they are located, as specified
in this subsection. The principal dwelling unit shall be a single-family
detached dwelling. The tenant or secondary dwelling shall be either:
(1) a single-family detached dwelling having a total building footprint
that does not exceed 1,200 square feet in area, including an attached
garage, or (2) constructed as an apartment adjacent to or over a garage
or similar outbuilding, in which case the gross floor area of the
apartment shall not exceed 1,200 square feet in area. Such buildings
shall comply with the yard, setback, lot coverage and height requirements
of the zoning district in which they are located, except in the case
of dwellings located in nonresidential districts where such buildings
shall comply with the yard, setback, lot coverage and height requirements
required in the R-2 District.
(d)
One additional secondary dwelling unit may be provided for each additional 10 contiguous acres of gross lot area above 10 acres, providing each such secondary dwelling unit shall comply with the restrictions in Subsection A(1)(c).
(e)
The construction or operation of a separate
building for the cultivation of mushrooms shall be prohibited.
(f)
The raising of pigs shall not be permitted when
it constitutes more than 13 of all farm income and the lot is less
than 20 acres in size.
(g)
No farm building, or feedlot shall be located
closer than 100 feet to any lot line. No area used for feeding or
processing of garbage or for bulk manure storage shall be located
within 250 feet of any lot line.
(h)
Animal wastes, such as manure and other by-products
of animal husbandry, shall be stored, maintained and disposed of in
such a manner as to preclude discharge to the waterways of the commonwealth,
as the term "waterways" is defined by state statute, and contiguous
or adjoining properties by the action of stormwater and other natural
elements. Lots shall be graded so that animal wastes are confined
to the lots on which they originate or are stored. The design and
construction of animal waste storage facilities shall be in accordance
with applicable federal and state regulations, whichever is more stringent,
and shall be approved by the Chester County Conservation District.
(i)
The use of untreated human sewage as fertilizer
is prohibited.
(2)
Nursery and greenhouse. Nurseries and greenhouses
shall be permitted by right in all districts, provided that the following
regulations are met:
B.
Seasonal sale of farm produce. The sale of seasonal
farm produce shall be permitted by right in the C-1 Zoning District
subject to the following restrictions:
(1)
The sale of produce shall be limited to 180 or fewer consecutive days in a calendar year and shall be limited to the sale of eggs, vegetables, fruits, other crops for human consumption and flowers. Retail sale of trees, shrubs and other similar materials shall be prohibited unless the requirements in § 240-34A(2) for a plant nursery are also met. The sale of Christmas trees and seasonal flowers shall also be allowed pursuant to the applicable requirements for holiday sales in § 240-34D.
(2)
The stand from which the produce is sold shall be
portable; shall be maintained in good condition; and shall be removed
during seasons when produce is not offered for sale.
(3)
The stand shall be no closer than 50 feet from an
intersection and shall be at least 20 feet from the edge of the existing
cartway.
(4)
Adequate vehicular parking shall be provided in an
area off the existing and future street right-of-way.
(5)
The applicant shall submit a plan which depicts the
location of the stand, traffic circulation and proposed nuisance controls,
if any. Such plan shall be reviewed and approved by the Board of Supervisors
prior to the issuance of a zoning permit.
C.
Agricultural/business. Agricultural/business shall
be permitted with the following restrictions:
(1)
The processing, treating, packaging or storing of
agricultural products and/or dairy products shall be done indoors.
D.
Holiday sales. Outdoor sales of Christmas trees and
seasonal flowers shall be permitted by right in the C-1 Zoning District
subject to the following restrictions:
(1)
The sale of Christmas trees and seasonal flowers associated
with an official holiday shall be limited to 60 or fewer consecutive
days in a calendar year.
(2)
The stand from which the trees and flowers are sold
shall be portable; shall be maintained in good condition; and shall
be removed during seasons when the trees and flowers are not offered
for sale.
(3)
The stand shall be no closer than 50 feet from an
intersection and shall be at least 20 feet from the edge of the existing
cartway.
(4)
Adequate vehicular parking shall be provided in an
area off of the existing and future street right-of-way.
(5)
The applicant shall submit a plan which depicts the
location of the stand, traffic circulation and proposed nuisance controls,
if any. Such plan shall be reviewed and approved by the Board of Supervisors
prior to the issuance of a zoning permit.
[Added 10-29-2002 by Ord. No. 129-Q-02]
A.
Intent. The forestry and timber harvesting regulations
contained in this section are intended to accomplish the following
goals:
B.
Scope; applicability. This section shall apply to
all forestry, timber harvesting, tree harvesting or logging within
the Township where the value of the trees, logs, or other timber products
removed exceeds $1,000. These provisions do not apply to the cutting
of trees for the personal use of the landowner or for precommercial
timber stand improvement as defined in this section.
C.
BASAL AREA
DIAMETER BREAST HEIGHT (DBH)
FELLING
FOREST
FORESTRY
LANDING
LANDOWNER
LITTER
LOP
OPERATOR
PRECOMMERCIAL TIMBER STAND IMPROVEMENT
SKIDDING
SLASH
STAND
STREAM
TIMBER HARVESTING, TREE HARVESTING OR LOGGING
TOP
TREE
Definitions. As used in this section, the following
terms shall have the meanings given to them below:
The area in square feet per acre occupied by tree stems (trunks)
at 4.5 feet diameter breast height, normally measured by a calibrated
prism or angle gauge.
The diameter of a standing tree measured at 4.5 feet from
ground level.
The act of cuffing a standing tree so that it falls to the
ground.
A community of trees, covering at least 10 acres, possessing
sufficient uniformity as regards to composition, construction, age,
spatial arrangement or condition, to be distinguishable from adjacent
communities.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
A place where logs, pulpwood, or firewood are assembled for
transportation to processing facilities.
An individual, partnership, company, firm, association or
corporation that is in actual control of forest land, whether such
control is based on legal or equitable title, or any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on their behalf, such as forestry consultants, who set up and administer
timber harvesting.
Discarded items not naturally occurring on the site, such
as tires, oil cans, equipment parts, and other rubbish.
To cut tops and slash into smaller pieces to allow the material
to settle close to the ground.
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
A forest practice, such as thinning or pruning. which results
in better growth, structure, species composition or health for the
residual stand but which does not yield a net income to the land owner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
banks.
The process of cutting down trees and removing logs from
the forest for the primary purpose of sale or commercial processing
into wood products.
The upper portion of a felled tree that is unmerchantable
because of small size, taper, or defect.
Any woody perennial plant usually having one or more main
stems or trunks and more or less definitely formed crowns and growing
to a height of 15 feet or more at maturity.
D.
Notification; preparation of a logging plan; financial
security.
(1)
Notification of commencement or completion.
For all timber harvesting operations that are expected to exceed 10
acres, the landowner shall notify the Township Zoning Officer at least
30 business days before the operation commences and within 15 business
days before the operation is complete. No timber harvesting shall
occur until the first notice has been provided. Notification shall
be in writing and shall specify the land on which harvesting will
occur, the expected size of the harvest area, and, as applicable,
the anticipated staffing and completion date of the operation.
(2)
Logging plan. Every landowner on whose land
timber harvesting is to occur shall prepare a written logging plan
in the form specified by this chapter. No timber harvesting shall
occur until the plan has been prepared and approved by the Township
Zoning Officer and the landowner or operator has posted the financial
security required by this section. The provisions of the plan shall
be followed throughout the operation. The plan shall be available
at the harvest site at all times during the operation and shall be
provided to the Township Zoning Officer upon request.
(3)
Responsibility for compliance. The landowner
and the operator shall be jointly and severally responsible for complying
with the terms of the logging plan.
(4)
Financial security. Prior to commencing any
timber harvesting operation, the landowner or operator shall post
financial security with the Township to guarantee compliance with
the approved logging plan. The amount of the financial security shall
be based on an estimate prepared by a professional engineer or forester
and certified by such engineer or forester as a fair and reasonable
estimate to ensure compliance with the approved logging plan and to
guarantee that if the landowner or operator causes any damage to Township
roads or improvements as a result of the timber harvesting operation,
that the Township has sufficient funds as posted in the financial
security to repair the same. The Township Engineer or consultant employed
by the Township may refuse to accept such estimate for good cause
shown. At the completion of the timber harvesting operation, the Township
Engineer or consultant shall inspect the site where the timber harvesting
operation occurred and shall certify in writing to the Township if
the landowner/operator complied with the logging plan and if the financial
security may be released. The Township shall adhere to the procedures
in Section 509 of the MPC for the release of the financial security.
E.
Contents of the logging plan.
(1)
Minimum requirements. As a minimum, the logging
plan shall include the following:
(a)
Design, construction, maintenance, and retirement
of the access system, including haul roads, skid roads, skid trails
and landings;
(b)
Design, construction, and maintenance of water
control measures and structures such as culverts, broad-based dips,
filter strips, and water bars, all to prevent initiation of soil erosion
on such elements as skidding trails and pathways;
(c)
Design, construction, and maintenance of stream
and wetland crossings; and
(d)
The general location of the proposed operation
in relation to municipal and state highways, including any accesses
to those highways.
(e)
A plan for the reforestation of the property
prepared by a person certified or by reason of education qualified
to properly and adequately prepare such plan within currently accepted
practices.
(2)
Map. Each logging plan shall include a sketch
map or drawing containing the following information:
(a)
Site location and boundaries, including both
the boundaries of the property on which the timber harvest will take
place and the boundaries of the proposed harvest area within the property;
(b)
Significant topographic features related to
potential environmental problems;
(c)
Location of all earth disturbance activities
such as roads, landings, and water control measures and structures;
(d)
Location of all crossing of waters of the commonwealth;
and
(e)
The general location of the proposed operation
to municipal and state highways, including any accesses to those highways.
(3)
Compliance with state law. The logging plan
shall address and comply with the requirements of all applicable state
regulations including, but not limited to, the following:
(a)
Erosion and sedimentation control regulations
contained in Title 25 Pennsylvania Code, Chapter 102, promulgated
pursuant to The Clean Streams Law (35 P.S. § 691.1 et seq.);
and
(b)
Steam crossing and wetlands protection regulations
contained in Title 25 Pennsylvania Code, Chapter 105, promulgated
pursuant to the Dam Safety and Encroachment Act (32 P.S. § 693.1
et seq.).
(4)
Relationships of state laws, regulations, and permits to the logging plan. Any permits required by Pennsylvania laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements of the logging plan and associated map specified in Subsection E(1) and (2) of this section, provided that all information required by these subsections is included or attached on such plan.
F.
Forest regulations. The following regulations shall
apply to all forestry, timber harvesting, tree harvesting and logging
operations in the Township.
(1)
Felling or skidding on or across any public
road is prohibited without the express written consent of the Township
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the public road.
(2)
No tops or slash shall be left within 25 feet
of any public road.
(3)
All tops and slash between 25 and 50 feet from
a public road or private road providing access to adjoining residential
property or within 50 feet of adjoining residential property shall
be lopped to a maximum height of four feet above the surface of the
ground.
(4)
No tops or slash shall be left on or across
the boundary of any property adjoining the operation.
(5)
Litter resulting from the forestry, timber harvesting,
tree harvesting or logging operation shall be removed from the property
at least once a week.
G.
Responsibility for road maintenance and repair; road
bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes,
Chapter 49, and Title 67 Pennsylvania Code, Chapter 189, the landowner
and the operator shall be responsible for repairing any damage to
Township roads caused by traffic associated with the timber harvesting
operation to the extent the damage is in excess of that caused by
normal traffic. Pursuant to 67 Pennsylvania Code, Chapter 189, the
landowner or operator shall furnish a bond in an amount determined
by the Township Engineer to guarantee the repair of such damages.
H.
Inspections/remedies. The Township may go upon the property where any forestry, timber harvesting, tree harvesting or logging operation is occurring to determine if the requirements of this section are being followed. If the Township determines that the landowner or operator are not complying with any provisions of this section, the Township shall send a written notice to the landowner or operator, which notice shall set forth the nature of corrections required and the time within which corrections shall be made. If the landowner or operator fails to comply with the notice in the time specified, he or she shall be considered in violation of this section, in which case the Township is entitled to seek all appropriate remedies at law, including the enforcement procedures provided in § 240-54 of this chapter.
A.
Intent.
(1)
To comply with provisions of the Pennsylvania. Airport
Zoning Act, Act of April 17, 1945, P.L. 237, as amended.[2]
[2]
Editor's Note: Former 2 P.S. §§ 1550
through 1563, Act of April 17, 1945, P.L. 237, was repealed 1984,
Oct. 10, P.L. 837, No. 164. The Airport Zoning Act is now included
at 74 Pa.C.S.A. § 5911 et seq.
(2)
To avoid obstructions that have the potential for
endangering the lives and property of users of the existing airport
and property or occupants of land in its vicinity.
(3)
To avoid obstructions that may affect existing and
future instrument approach minimums of the airport or that may reduce
the size of areas available for landing, takeoff and maneuvering of
aircraft, thereby creating a danger to the health, safety and general
welfare of the users thereof and the property or occupants of land
in the vicinity thereof.
(4)
To avoid the creation or establishment of an obstruction
that has the potential of being a public danger or nuisance.
(5)
To prevent the creation or establishment of obstructions
in the interest of the public health, safety and general welfare and
to prevent hazard to air navigation.
(6)
To prevent these obstructions, to the extent legally
permissible, by the exercise of the police power without compensation.
B.
AIRPORT
AIRPORT ELEVATION
APPROACH SURFACE
APPROACH, TRANSITIONAL, HORIZONTAL and CONICAL ZONES
COMMERCIAL AIRPORT
CONICAL SURFACE
HAZARD TO AIR NAVIGATION
HEIGHT
HORIZONTAL SURFACE
NONPRECISION INSTRUMENT RUNWAY
OBSTRUCTION
PRIMARY SURFACE
RUNWAY
STRUCTURE
TRANSITIONAL SURFACES
TREE
Definitions applicable to airport regulations. For
the purpose of this section, the terms used herein are defined as
follows:
See "commercial airport."
The highest point of an airport's usable landing area measured
in feet from sea level which is 465 feet.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Subsection D. In the plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are as set forth in Subsection C.
A landing area which may be used for commercial flight operations,
including charter, leasing of aircraft, aircraft sales, aircraft rental,
flight instruction, air freight, aircraft maintenance and repair or
any other flight activities for compensation, but excluding scheduled
airlines (FAA Part 121 operations).
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance
of 4,000 feet.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
For the purpose of determining the height limits in all zones
set forth in this section and shown on the Airport Zoning Map, the
datum shall be mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the horizontal zone.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance
or area-type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Subsection D.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends
200 feet beyond each end of that runway. When the runway has no specially
prepared hard surface or planned hard surface, the primary surface
ends at each end of that runway. The width of the primary surface
is 500 feet. The elevation of any point on the primary surface is
the same as the elevation of the nearest point on the runway center
line.
A defined area in an airport prepared for landing and takeoff
of aircraft along its length
As defined in § 240-6, but also to include any object, including a mobile or immobile object constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
These surfaces extend outward at ninety-degree angles to
the runway center line, and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces.
Any object of natural growth.
C.
Airport zones. In order to carry out the provisions
of this section, there are hereby created and established certain
zones which include all of the land lying beneath the approach surfaces,
transitional surfaces, horizontal surfaces and conical surfaces as
they apply to the airport. Such zones are depicted on the Airport
Zoning Map, which is readopted as part of this chapter. An area located
in more than one of the following zones is considered to be only in
the zone with the more restrictive height limitation. The various
zones are hereby established and defined as follows:
(1)
Nonprecision instrument runway approach zone. The
inner edge of this approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach zone expands outward uniformly
to a width of 2,000 feet at a horizontal distance 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(2)
Transitional zones. The transitional zones are the
areas beneath the transitional surfaces.
(3)
Horizontal zone. The horizontal zone is established
by swinging arcs of 5,000 feet radii from the center of each end of
the primary surface of each runway and connecting the adjacent arcs
by drawing lines tangent to those arcs. The horizontal zone does not
include the approach and transitional zones.
(4)
Conical zone. The conical zone is established as the
area that commences at the periphery of the horizontal zone and extends
outward therefrom a horizontal distance of 4,000 feet.
D.
Airport zone height limitations. Except as otherwise
provided in this section, no structure shall be erected, altered or
maintained, and no tree shall be allowed to grow in any zone created
by this section, to a height in excess of the applicable height limit
herein established for such zone. Such applicable height limitations
are hereby established for each of the zones in question as follows:
(1)
Nonprecision instrument runway approach zone. Slopes
20 feet outward for each foot upward beginning at the end of, and
at the same elevation as, the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
(2)
Transitional zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation, except that a building may be constructed within the transitional zone to a maximum height of up to 50 feet (subject to the height limitations imposed by other provisions of this chapter with respect to the permitted height of buildings in any zoning district, which provisions shall apply) as provided in Subsection D(5). In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the side of, and at the same elevation as, the approach surface and extending to where they intersect the conical surface, which is 465 feet above mean sea level.
(3)
Horizontal zone. Established at 150 feet above the
airport elevation or at a height of 615 feet above the mean sea level.
(4)
Conical zone. Slopes 20 feet outward for each foot
upward, beginning at the periphery of the horizontal zone and at 150
feet above the airport elevation and extending to a height of 350
feet above the airport elevation.
(5)
Excepted height limitations. Nothing in this section
shall be construed as prohibiting the construction or maintenance
of any structure, or growth of any tree to a height up to 50 feet
above the surface of the land, except within the primary surface area
where no permanent structure or tree shall be permitted above the
elevation of the primary surface, subject to the other applicable
height regulations of this chapter for the applicable zoning district.
E.
Airport approach use restrictions. Notwithstanding
any of the other provisions of this chapter, no use may be made of
land or water within any zone established by this section in such
a manner as to create electrical interference with navigational signals
or radio communication between the airport and aircraft, make it difficult
for pilots to distinguish between airport lights and others, result
in glare in the eyes of pilots using the airport, impair visibility
in the vicinity of the airport, create bird strike hazards or otherwise
endanger or interfere with the landing, takeoff or maneuvering of
aircraft intending to use the airport.
F.
Airport approach nonconforming uses.
(1)
Regulations not retroactive. The regulations prescribed
by this section shall not be construed to require the removal, lowering
or other change or alteration of any structure or tree not conforming
to the regulations of this section, or otherwise interfere with the
continuance of a nonconforming use. Nothing contained herein shall
require any change in the construction, alteration or intended use
of any structure, the construction or alteration of which was begun
prior to the effective date of this chapter and is diligently prosecuted.
(2)
Parking and lighting. Notwithstanding the preceding
provision of this section, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation, operation
and maintenance thereon of such marker and lights as shall be deemed
necessary by the Zoning Officer to indicate to the operators of aircraft
in the vicinity of the airport the presence of such airport obstruction.
Such markers and lights shall be installed, operated and maintained
at the expense of the owner of the affected airport.
G.
Airport approach permits.
(1)
Future uses. Except as specifically provided in Subsections G(1)(a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected, altered, extended or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted subject to the other requirements and conditions of this chapter. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with Subsection G(4).
(a)
In the area lying within the limits of the horizontal
zone and conical zone, no permit shall be required for any tree or
structure less than 75 feet of vertical height above the ground, except,
when because of terrain, land contour or topographic features, such
tree or structure would extend above the height limits prescribed
for such zones.
(b)
In areas lying within the limits of the approach
zones, but at a horizontal distance of not less than 4,200 feet from
each end of the runway, no permit shall be required for any tree or
structure less than 75 feet of vertical height above the ground, except
when such tree or structure would extend above the height limit prescribed
for such approach zones.
(c)
In the areas lying within the limits of the
transitional zones beyond the perimeter of the horizontal zone, no
permit shall be required for any tree or structure less than 75 feet
of vertical height above the ground, except when such tree or structure,
because of terrain, land contour or topographic features, would extend
above the height limit prescribed for such transitional zones.
(2)
Existing uses. No permit shall be granted that would
allow the establishment or creation of an obstruction or permit a
nonconforming use, structure or tree to become a greater hazard to
air navigation than it was on the effective date of this chapter or
any amendments thereto, or than it is when the application for a permit
is made.
(3)
Nonconforming uses. The extension, restoration, cessation or abandonment of nonconforming trees or structures shall be governed by the nonconforming use regulations set forth in Article VII of this chapter. Provided, however, that no permit shall be granted that would permit such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations provided for in this section.
(4)
Variances. Any person who desires to erect or increase
the height of any structure, permit the growth of any tree or use
property in a manner which is not in strict accordance with the regulations
prescribed in this section must apply to the Zoning Hearing Board
for a variance from such regulations.
(a)
The application for a variance shall be accompanied
by a determination made by the Federal Aviation Administration of
the affect of the proposal on the operation of air navigation facilities
and the safe, efficient use of navigable air space within the area
affected by this section.
(b)
Such variances shall be allowed where it is
duly found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that the relief granted will
not jeopardize the public health, safety and general welfare or create
a hazard to air navigation.
(5)
Obstruction marking and lighting. Any permit or variance
granted may, if such action is deemed advisable to effectuate the
purpose of this section, be so conditioned as to require the owner
of the structure, tree or other obstruction in question to install,
operate and maintain, at the owner's expense, such markings and lights
as may be necessary. If deemed proper by the Zoning Hearing Board,
this condition may be modified to require the owner to permit the
Township, at its expense, to install, operate and maintain the necessary
markings and lights.
H.
Conflicting regulations. Where there exists a conflict
between any of the regulations or limitations prescribed in this section
and any other regulations applicable to the same area, whether the
conflict be with respect to the height of structures or trees, the
use of land or any other matter, the more stringent limitation or
requirement shall govern and prevail.
[1]
Editor's Note: See Airport Zoning Map at the
end of this chapter.
A.
Specific intent.
(1)
The intent of this section is to provide regulations
for developing a property in such a manner as to ensure that the environmentally
sensitive areas are preserved and that there is a large amount of
open space to meet the needs of the residents.
(2)
The following regulations shall apply in any district
where a single-family open space development is permitted.
B.
Minimum tract area.
(1)
The tract of land shall be in single ownership or
filed jointly by the owners and contain a minimum of eight acres.
(2)
Each lot that is used as a single-family detached
dwelling site shall be served by a centralized water supply system
and a centralized sewage disposal system.
(3)
At least 55% of the original tract shall be set aside
for open space.
(4)
The applicant shall be permitted to construct one
single-family detached dwelling unit for each acre of the tract.
[Amended 3-18-2003 by Ord. No. 129-D-03]
C.
Area and bulk regulations.
(1)
Building separation. Each single-family detached dwelling
shall be separated from any other single-family detached dwelling
by a minimum of 30 feet.
(2)
All buildings shall be located at least one foot from
any lot lines. An easement for maintenance purposes may be required.
(3)
There is no minimum lot size in this district.
(4)
All buildings shall be located at least 50 feet from
the tract boundary. Cartway width shall be 18 feet with rolled curb
and 22 feet with upright curb and with a right-of-way of 40 feet.
(5)
All buildings shall be located at least 25 feet from
the edge of the cartway.
(6)
There shall be a minimum of three off-street parking
spaces for each unit. Each parking space shall be designed so that
the motor vehicle may proceed to and from the parking space provided
for it without requiring any other vehicle to be moved.
D.
Accessory uses.
(1)
The following accessory uses shall be permitted in
a single-family open space development:
(a)
Antennas.
(b)
Satellite dishes. Satellite dishes shall be
limited to a twenty-four-inch maximum diameter.
(c)
Home occupations.
(d)
Fences.
(e)
Private greenhouses. Private greenhouses must
be attached to the dwelling unit.
(f)
Tennis courts. Tennis courts shall be a minimum
of 25 feet from any lot line.
(g)
Swimming pools.
(h)
Solar energy systems. Solar energy systems must
be attached to the dwelling unit.
(j)
Home-related business.
(2)
The following accessory uses shall not be permitted
in a single-family open space development:
E.
Open space regulations.
(1)
Use and maintenance. All land held for open space
shall be so designated on the plans. The plans shall contain the following
statement: "Open space land may not be separately sold, nor shall
such land be further developed or subdivided." The subdivision or
land development plans shall further designate the use of open space,
the type of maintenance to be provided and a planting plan or schedule.
In designating use and maintenance, the following classes should be
used:
(a)
Lawn. A grass area with or without trees which
may be used by the residents for a variety of purposes and which shall
be mowed regularly to ensure a neat and tidy appearance.
(b)
Natural area. An area of natural vegetation
undisturbed during construction, or replanted. Such areas may contain
pathways. Meadows shall be maintained as such and not left to become
weed-infested. Maintenance may be minimal but shall prevent the proliferation
of weeds and undesirable plants. Trash and construction debris shall
be removed, and streams shall be kept in free-flowing condition.
(c)
Recreation area. An area designated for a specific
recreation use, including but not limited to tennis, swimming, shuffleboard,
playfield and tot lot. Such areas shall be maintained so as to avoid
creating a hazard or nuisance and shall perpetuate the proposed use.
(d)
Planting area. An area created for purposes
of hedgerow replacement, buffer planting area and/or plant screening.
(2)
Ownership of open space. All required common open
spaces shall be protected by a conservation easement in perpetuity,
with the Board of Supervisors, at a minimum, provided with the authority
to enforce such easement. Ownership for the open space area shall
be by any of the following procedures, provided that the legal mechanisms
for such proper ownership and maintenance are acceptable to the Board
of Supervisors, based upon review by the Township Solicitor:
(a)
Ownership by the Township. The Board of Supervisors
may, at its option, now or in the future, voluntarily accept the dedication
of all or part of the common open space.
(b)
Ownership by a nature organization. The sale,
lease or other disposition of open space to an established lawfully
incorporated nonprofit nature conservation organization acceptable
to the Board of Supervisors or to a homeowner's association to be
incorporated in a form acceptable to the Board of Supervisors. Such
organization shall be chartered under the laws of Pennsylvania to
administer and shall maintain the land and facilities subject to an
acceptable deed restriction or conservation easement in perpetuity.
The eventual disposition of said open space shall be limited to the
purposes stated in the article of incorporation.
(c)
Ownership by individuals. The inclusion of the
open space in the deed description of the individual purchasers or
subdivision, subject to an acceptable deed restriction or conservation
easement in perpetuity limiting the eventual disposition of said open
space for the purposes outlined in the plan submitted to the Township
Supervisors.
(d)
Other methods. Such other method that the applicant
proves to the full satisfaction of the Board of Supervisors will ensure
proper protection, ownership, maintenance and funding of the common
open space.
(3)
Planting and recreation facilities within open space areas. The developer shall provide designated planting and areas suitable for active or passive recreation within open space areas. A performance bond or other securities shall be required to cover the cost of installation in accordance with the provisions of Chapter 205, Subdivision and Land Development. The use of species of vegetation that are native to the area is encouraged.
(4)
Determination of open space areas. The applicant shall
prove that the following resources and conditions, as applicable,
were carefully and appropriately considered in determining which areas
are to be set aside as common open space:
(a)
Flood-prone areas, wetlands, watercourses, ponds
and creek valleys.
(b)
Concentrations of slopes of 15% or steeper.
(c)
Woodlands and forested areas.
(d)
Areas proposed as greenways or recreation areas,
or other applicable recommendations in the Township Comprehensive
Plan and/or open space, recreation and environmental resources plan.
(e)
Historic buildings and sites.
(f)
Land within 100 feet of the perimeter of the
tract.
(g)
Lands highly suitable for recreational purposes.
(h)
Scenic areas and vistas and other highly visible
views.
(i)
How the common open space will relate to the
objectives of a single-family open space development.
(5)
Open space design standards.
(a)
No individual area of the minimum common open
space shall be less than one acre. No area of the minimum common open
space shall have a width less than 50 feet, except for points of access.
(b)
If the Board of Supervisors determines that
an area is needed for active recreation, then a suitable area shall
be provided.
(c)
The common open space shall be made up of the
minimum number of parcels possible to avoid fragmentation of open
space within the tract.
(d)
The applicant shall show that the common open
space will be conveniently accessible to the residents of homes intended
to be served by it.
(e)
Common open spaces shall be coordinated with
other nearby existing, proposed or potential common open spaces or
parks, either through being contiguous or through safe pedestrian
connections. Where a single-family open space development will abut
an undeveloped tract and/or a future development phase, the proposed
common open space shall be located in consideration of the potential
to eventually link together open space on the two tracts or phases.
(f)
The proposed common open spaces shall be accurately and clearly delineated on the layout plan. The intended class of each area of open space shall be stated, which should follow the categories listed in Subsection F(1) of this section.
(g)
Common open space areas that are not already
wooded and are not approved as lawn, natural areas or recreation areas
shall be attractively and extensively landscaped, according to a plan
approved by the Board of Supervisors.
(h)
Common open space shall have appropriate access
for needed maintenance.
F.
Open space plan development. The plans shall be prepared
by a design team, including a registered professional engineer and
a registered landscape architect. The applicant shall submit plans
meeting the following requirements:
(1)
Base plan. The following information shall be presented:
(a)
Tract boundaries.
(b)
One-hundred-year floodplain and wetland boundaries,
existing watercourses, streams and ponds.
(c)
Significant historical, farmland, natural or
man-made features.
(d)
Slopes of 15% to 25%, and greater than 25%.
(e)
Tree masses and specimen trees.
(f)
Contour lines at a vertical interval of not
more than two feet.
(g)
Location of any proposed stormwater basins or
sewage facilities.
(2)
The Township Planning Commission, the Conservancy
Board, the Park and Recreation Board and the Historical Commission
(if applicable) shall be given the opportunity to inspect the property
with the applicant and the design team, in order to determine which
areas of the property or which views should be preserved.
(3)
These areas or views to be preserved, along with the
recommended use of each of these areas, shall be marked on the plan.
The preliminary location of all principal buildings shall be shown
on the plans.
(4)
A recommendation on the plan shall be provided by
the Planning Commission to the Board of Supervisors, together with
supporting documentation.
(5)
The Board of Supervisors shall review and approve,
conditionally approve with modifications or reject the application.
(6)
After the initial plan is approved by the Board of Supervisors, the design team shall submit a more detailed plan showing proposed locations for dwellings, streets, driveways, trails, lot lines and other development improvements, together with sizes and locations of stormwater basins and utilities. After the Planning Commission has provided a recommendation on this plan and the Board of Supervisors has granted conditional use approval, with any conditions, then the applicant shall be authorized to submit engineered preliminary and final plans under Chapter 205, Subdivision and Land Development.
(7)
At the option of the Board of Supervisors, the applicant
may be allowed to submit preliminary subdivision plans during an overlapping
time period with the conditional use approval process.
To provide refuge for public transit riders
from adverse weather conditions, a bus shelter shall be permitted,
provided that all of the following requirements are met:
A.
The only signs that shall be permitted shall be those permitted by § 240-22T, in addition to maps and schedules providing information regarding the public transit service.
B.
Such bus shelters shall only be permitted if the entity
installing the bus shelters has a written agreement with the Board
of Supervisors. Such written agreement shall specify at a minimum
that the Board of Supervisors shall have the right to preapprove the
locations of the bus shelters, and an acceptable process is established
in advance to address liability issues, lighting, termination and
maintenance responsibilities.
C.
Such shelters shall be durably constructed. For security
and safety purposes, the majority of the shelter shall be constructed
of clear lexan or clear tempered safety glass. In addition, a horizontal
roof may be constructed of translucent plexiglass or another suitable
material.
D.
The shelter shall be located to avoid interference
with sight distances specified in Township ordinances or any applicable
standards of the Pennsylvania Department of Transportation, whichever
is more restrictive.
E.
All lighting of the shelter and the signs shall be
installed in such a way that the source of the light is shielded from
direct view of abutting properties and from traffic along the street(s)
and so that noxious glare is not created.
F.
A bus shelter shall not be located directly abutting
the lot line of an existing single-family detached dwelling.
G.
A bus shelter regulated by this section shall only
be permitted abutting Pennsylvania Route 3.
The following regulations shall be applicable
to the use, occupancy and maintenance of a group home, which shall
be a permitted use in each residential district, subject to compliance
with the following regulations:
A.
Only one such group home shall be established on a
lot as a single-family residential dwelling.
B.
The dwelling unit shall, in all respects, be maintained
as a single-family structure, the practical effect of which shall
be that the residents thereof are permanently residing together as
a family unit rather than in a transient institutional setting. No
exterior alterations shall be made which alter the building's exterior
appearance as a single-family dwelling.
C.
The maximum number of residents and staff residing
or requiring overnight accommodations in the group home shall be counted
in determining the maximum occupancy, which shall not exceed any square
footage limitations imposed by the Township's building code.[1]The interior physical structure of the dwelling shall not
be altered solely for the purpose of accommodating additional residents
beyond the average number of such residents capable of being accommodated
in an average residential dwelling in the immediate neighborhood of
the group home.
D.
The group home shall be owned and operated by an individual
or other entity currently licensed by the Department of Public Welfare
of the Commonwealth of Pennsylvania to provide residential care to
the residents thereof.
E.
The group home shall be staffed on a twenty-four-hour-a-day,
seven-days-a-week basis with a sufficient number of personnel employed
by the operator. Such personnel shall be demonstrably capable at all
times of meeting the needs of its residents. In no event shall the
number of such staff be less than that number required to meet the
licensing requirements promulgated by the department for the particular
group home, if any.
F.
[2]
Editor's Note: Former Subsection F, regarding the location or establishment of a group home within a one-half mile radius of another group home, was repealed 10-21-2003 by Ord. No. 129-L-03. This ordinance also provided for the redesignation of former Subsections G and H as Subsections F and G, respectively.
G.
Any medical or counseling services provided on the
lot shall be limited to residents.
