Township of Franconia, PA
Montgomery County
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Table of Contents
Table of Contents
For the purpose of this chapter, the following regulations shall govern each district.
Nothing herein contained shall be construed to render inoperative any enforceable restrictions established by covenants running with the land, which restrictions are not prohibited by or are not contrary to the regulations herein established.
[Amended 3-14-77 by Ord. No. 88]
In the event that any lot is held of public record in single and separate ownership on the effective date of this chapter, which shall not be of sufficient size or dimension to permit the erection of a building thereon in accordance with the requirements of this chapter, and provided that the Zoning Hearing Board shall find that the necessary additional ground is not available because of the settled condition of the neighborhood or because of inability of the owner to acquire additional ground upon fair terms, the Zoning Hearing Board may grant a variance for the use of such lot upon such conditions as the Zoning Hearing Board may specify so that the minimum and maximum regulations of the district shall be met as closely as possible.
[Amended 8-1-1966 by Ord. No. 34; 6-5-1967 by Ord. No. 42; 3-14-1977 by Ord. No. 88]
A lot which does not conform to the minimum and maximum regulations of the district in which it is located and which is included on a recorded plan of lots heretofore approved by the Supervisors of Franconia Township may be committed to any use permitted by this chapter for the district in which it is located for a period of two years from May 2,1967; provided, however, that the requirements of the Zoning Ordinance of December 22, 1953, (Ordinance No. 6) shall be complied with as to such lots. After May 2, 1969, all lots laid out on previously approved plans of subdivision shall not be used unless such lots conform to the minimum and maximum regulations of the district where located or unless a variance is obtained from the Zoning Hearing Board.
No lot shall be so reduced that the area of the lot, or the dimensions of the required open spaces, shall be less than herein prescribed.
Where there is a pronounced uniformity or alignment of the fronts of existing buildings on the same side of the street within 200 feet of each side of a proposed building, the front yard shall be not less in depth than the mean front yard existing within said distance.
On any lot, no wall, fence, object or structure of any kind shall be erected, altered or maintained and no hedge, tree, shrub or other growth shall be planted or maintained which may cause danger to traffic on a road by obscuring the view.
[Amended 7-14-1986 by Ord. No. 131; 7-8-2015 by Ord. No. 383]
Accessory uses authorized by this chapter shall include the following:
A. 
Accessory uses to agriculture:
(1) 
Greenhouses; barn; the keeping, breeding and management of livestock and poultry or fowl, but only in such quantities and to such extent as are customarily incidental to the principal use, and, in the case of pigs, not more than 10, and provided that no livestock, poultry or fowl, other than ornamental fowl, shall be kept upon the premises unless said premises shall consist of at least three acres and unless they are properly confined, and that all buildings used therefor shall be situated not less than 100 feet from any road line or property line of an adjoining lot.
(2) 
Roadside stands, either temporary or permanent, for the sale of only such agricultural and home products as are produced on the same lot on which the sale of the products is offered, shall be permitted under the following conditions:
(a) 
A zoning permit shall be secured from the Zoning Officer for either a permanent or temporary stand.
(b) 
A permanent stand shall be erected in strict conformity with the regulations of the district wherein it is located.
(c) 
A temporary stand shall be located not less than 20 feet from any street line, and shall be removed by the date of expiration of the term as indicated in the permit; provided, however, that all permits shall expire on December 31 of each year, unless an earlier date is specified thereon.
(d) 
No stand shall be located nearer than 50 feet to any intersection.
(e) 
Parking for stopping vehicles shall be provided off the paved portion of the street and shall be of sufficient width so as not to interfere with the safety of traffic stopping or using the street. Parking nearer than 50 feet to an intersection shall not be permitted. No produce, goods, signs or other impediments shall be placed or located upon the lot in such a manner as to interfere with parking.
B. 
Uses accessory to dwellings:
(1) 
Private garage, private parking space, barn, shelter for pets owned by the occupant or any other outbuildings for the occupant's noncommercial use.
(2) 
The keeping of household pets normally kept indoors or of dogs, cats or ornamental fowl in such quantities as shall not constitute a nuisance to adjacent property owners and the keeping of other livestock, poultry or fowl, other than pigs, provided that no more than 25 fowl nor more than two four-legged domestic animals shall be kept upon the premises; that no livestock, poultry or fowl, other than ornamental fowl, shall be kept upon the premises unless said premises shall consist of at least three acres; and that all buildings used therefor shall be situated not less than 50 feet from any road line or property line of an adjoining lot.
(3) 
Private greenhouses.
(4) 
Professional office or studio of a doctor, dentist, teacher, artist, architect, landscape architect, musician, lawyer, engineer, magistrate or practitioner of a similar character, or rooms for home occupations, provided that offices, studios or rooms are located in a dwelling in which the practitioner resides or in a building accessory thereto, and provided further that no goods are publicly displayed on the premises. Uses authorized in this chapter as accessory to a dwelling shall not be deemed to include a business, hospital, clinic, animal hospital, barbershop, beauty parlor, mortuary, other personal service shop, tearoom, hotel or any similar use.
(5) 
The renting of rooms within the dwelling in which the owner resides to not more than two nontransient persons, with or without the provision of table board for such persons.
(6) 
Swimming pool for use of family and guests only.
(7) 
Tennis courts.
C. 
Uses accessory to noncommercial recreation use. Customary recreational, refreshment and service uses and buildings in any noncommercial recreational area.
D. 
The total size of any accessory building shall not exceed the square footage designated herein or 25% of the area of the principal building, whichever is greater, unless approved as a special exception. Accessory buildings shall not be located in the front yard.
(1) 
R-50, R-100, VC Zoning Districts: Accessory buildings shall not exceed 600 square feet;
(2) 
R-130, R-175, RR Zoning Districts: Accessory buildings shall not exceed 800 square feet;
(3) 
The height of an accessory building shall not exceed 14 feet and shall not be more than one story.
E. 
Accessory buildings or structures must adhere to the setback requirements as described herein or noted within the individual zoning district dimensional requirement section of this code, with the exception of storage sheds, which are regulated in § 145-28.10.
(1) 
In the Rural Resource Residential Zoning District, any by-right accessory buildings or structures must be contained within the developable portion of the parcel and not within the designated open space and may not be placed less than 20 feet off of the rear and side property lines of the developable portion of the property not designated as open space.
Unless authorized as a special exception, no building or structure shall exceed 40 feet in height, except that buildings or structures for agricultural uses, and uses accessory to agriculture, may exceed 40 feet but shall not exceed 60 feet in height.
[1]
Editor's Note: Former § 145-20, which prohibited trailer camps in all districts, was deleted 3-8-1999 by Ord. No. 271.
[Amended 3-14-1977 by Ord. No. 88; 3-8-1993 by Ord. No. 193]
A. 
Fence orientation.
(1) 
All fences shall be erected with the finished side of the fence facing adjacent properties. The finished side shall be considered the side without the structural supporting members.
(2) 
Fences shall be installed and maintained so that they are straight and do not sag or lean over the property outward from the lot on which the fence is located.
(3) 
Fences shall not be painted bizarre colors, or combinations thereof, or inscribed with offensive designs on the outward side from the lot on which they are located.
(4) 
Fences shall be erected only at the natural grade of the property and shall not be erected on berms or artificial mounds.
(5) 
Vertical members of a picket fence shall not be placed more than four inches apart.
[Added 1-3-1994 by Ord. No. 202]
B. 
Boundary fences and walls.
(1) 
Location. Boundary fences and walls shall be located within five feet of the property line. They should be located as close as possible to, but not on, the property line.
(2) 
Residential uses or zones. In front, side and rear yards, boundary fences shall be a maximum height of four feet and shall be nonopaque.
(3) 
Nonresidential uses or zones.
(a) 
In front yards, boundary fences and walls shall be a maximum height of four feet and shall be nonopaque.
(b) 
In rear and side yards, boundary fences and walls shall be a maximum height of eight feet.
C. 
Decorative fences and walls. Decorative fences and walls may be located anywhere within a parcel and shall have a maximum height of three feet. Examples of decorative fences and walls include picket fences, stone walls and iron fences.
D. 
Privacy fences.
(1) 
Privacy fences shall be allowed to be located up to rear and side property lines, provided that the height of such fences does not exceed four feet. Privacy fences in excess of four feet up to a maximum height of six feet shall be located no closer to property lines than 1/2 of the yard setback distance in rear and side yards. Privacy fences shall not be located in the front yard. Where such fences are attached to a structure, there shall be at least one access gate, of not less than three feet in width, for rapid access to yards enclosed by the fence.
[Amended 1-3-1994 by Ord. No. 202]
(2) 
Single-family detached dwellings on a lot of at least 12,000 square feet, a privacy fence up to a maximum of six feet in height is permitted on the property line, side and rear yards only.
[Added 4-9-2001 by Ord. No. 302]
E. 
Protective fences.
(1) 
Protective fences shall be permitted to enclose commercial and industrial storage areas or yards which for reasons of public safety warrant enclosure. Protective fences may be located anywhere within the side and/or rear yard of commercial and industrial parcels, provided that these areas require the enclosure of a nuisance, storage area or yard equipment. The maximum height of protective fences shall be eight feet.
(2) 
Protective fences may be permitted in the front yard of commercial and industrial parcels as a conditional use.
[Added 4-9-2001 by Ord. No. 302]
F. 
Temporary fence. The time duration for temporary fences shall be established by the Zoning Officer in the building permit. Temporary fences shall be constructed with roll-up woven wire, rolled plastic fencing material or wood lath material, with a maximum height of six feet.
G. 
Prohibited uses. The following uses of fences and walls shall be prohibited:
(1) 
Fences and walls shall not interfere with stormwater flow or natural water flow.
(2) 
Electric fences and walls shall be prohibited for all uses with the exception of agricultural uses.
(3) 
Barbed wire or razor fences and walls shall be prohibited for all uses with the exception of industrial and agricultural uses.
(4) 
Fences and walls with sharp protrusions, such as broken glass and spikes, are prohibited.
H. 
Fences with utility, stormwater and/or access easements shall be discouraged. Any landowner requesting such a fence must first execute a fence easement agreement with the Township and demonstrate that such fence meets all requirements of the easement's restrictions. Such fences shall be designed to be taken down easily.
I. 
Fences shall be considered a nonopaque structure when the through visibility at right angles to any surface of the fence has not been reduced by more than 50% by fence construction.
[Amended 1-3-1994 by Ord. No. 202]
J. 
Sight distance. At all intersections of streets, there shall be measured along the center line a minimum clear sight triangle of 75 feet from the point of intersection. Any fences that fall within the clear sight triangle shall be a maximum of three feet in height above the curb level.
K. 
Permits. A permit shall be required to be obtained for any fence erected in Franconia Township.
The permanent removal of topsoil from any parcel of land within the Township shall be prohibited, except as follows:
A. 
During actual construction on premises, that portion of the topsoil present which covers an area to be occupied by permanent structures or permanently located materials of an impervious nature may be considered excess and may be removed by the owner.
B. 
During regrading operations conducted upon premises, whether or not carried in conjunction with on-site construction, excess topsoil remaining after restoring proper topsoil cover to the areas of the parcel upon which regrading operations were conducted may be removed by the owner.
C. 
In accordance with Chapter 83, Grading, Excavation and Fill.
[Added 3-8-1999 by Ord. No. 271]
The permanent removal of subsurface solids, whether soil, clay or mineral in nature, for other than on-site construction or grading purposes shall be prohibited except in industrial areas, if otherwise qualified under the provisions of this chapter and when such oil, clay, minerals and like materials are the sole raw materials or part of the raw materials used by an industry located within the Township, and provided further that, at the conclusion of such industrial operation, the industry involved shall be responsible for filling in and/or regrading the section of land from which such raw materials have been removed so that proper drainage and appearance will be preserved.
No dwelling or other structure designed for residential occupancy shall be constructed or occupied for residential purposes unless the same shall contain an inhabitable floor area of not less than 1,200 square feet; provided, however, that a maximum of 300 square feet of storage area, contained either in a basement or attic of such structure, shall be construed as "inhabitable floor area" for purposes of this section.
[1]
Editor’s Note: Former § 145-25, Public utilities, amended 3-14-1977 by Ord. No. 88, was repealed 4-12-2010 by Ord. No. 367.
No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:
A. 
An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the required depth of the yard.
B. 
A terrace, platform or landing place, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the required depth or width of the yard.
C. 
A porte-cochere, carport, may be erected over a driveway in a required side yard, provided that such structure is:
(1) 
Not more than 14 feet in height and 20 feet in length;
(2) 
Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features; and
(3) 
At least three feet from the side lot line.
D. 
A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.
E. 
Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
[Added 4-10-1978 by Ord. No. 93]
Individual mobile homes are considered single-family detached dwellings, and accordingly a single mobile home is allowed on a lot in any zoning district in which single-family detached dwellings are a permitted use, provided that all applicable requirements of the zoning district in which the dwelling is located and other applicable requirements are met. Tracts of sufficient size to accommodate more than one lot and zoned to permit single-family detached dwellings may be utilized for the erection of more than one mobile home, provided that all regulations of that zoning district, all standard requirements applicable to the subdivision of land for single-family detached dwellings and all other applicable requirements are met. In addition, on tracts of 15 acres or greater in size, mobile homes may be grouped in a planned mobile home development, provided that compliance is made with all requirements of Article IX of this chapter and all regulations specified in Article VI, Mobile Homes, of the Township Subdivision and Land Development Ordinance,[1] and all other applicable regulations. It shall be a Township requirement that an evacuation plan indicating alternative vehicular access and escape routes be filed with the Montgomery County disaster preparedness authorities for mobile home developments and mobile home subdivisions located within Zone A on the Township's Flood Hazard Boundary Map.
[1]
Editor's Note: See Ch. 122, Subdivision and Land Development.
[Added 4-10-1978 by Ord. No. 93]
Modular construction may be used to create detached modular homes (one dwelling unit per structure) or attached modular homes (two or more dwelling units per structure). Detached modular homes are considered single-family detached dwellings and accordingly are allowed in any zoning district in which single-family detached dwellings are a permitted use. Similarly, attached modular homes are allowed in any zoning district in which similar conventionally built dwellings containing two or more dwelling units are a permitted use. All requirements of the Zoning Ordinance and the Subdivision and Land Development Ordinance[1] or other regulations applicable to single-family detached or attached dwellings (as appropriate) are applicable to modular homes.
[1]
Editor's Note: See Ch. 122, Subdivision and Land Development.
[Added 6-8-1987 by Ord. No. 135]
All family-care facilities and group-care facilities shall meet the following criteria:
A. 
No such facility shall be located within 2,500 feet of another such facility. Measurement shall be made from the nearest point of the site of the existing facility to the nearest point of the site of the proposed facility.
B. 
One off-street parking space shall be provided for each staff member, and one off-street parking space shall be provided for each four residents.
C. 
The facility shall provide twenty-four-hour supervisory staff.
D. 
The facility shall be, as practically as possible, in keeping with the building and architectural design of the properties in the neighborhood, considering the size of the building and the character of the building materials.
E. 
The facility shall be approved by the appropriate state and county agencies and shall be maintained and operated in accordance with the applicable state and county regulations.
F. 
In addition to the information required under the permit provisions of § 145-151, all such facilities shall provide the following information prior to occupancy:
(1) 
The name of the operator of the facility.
(2) 
The type of program.
(3) 
The maximum number of residents proposed.
(4) 
The date of issuance or anticipated issuance of state and county certificates, licenses and/or approvals.
[Added 10-9-1990 by Ord. No. 172]
Whenever the provisions of this chapter authorize a conditional use, the following standards and procedures shall apply:
A. 
Any person requesting conditional use approval shall make application in writing to the Township Manager. Such application shall include, as a minimum, a tentative sketch plan indicating how the applicant intends to develop the property and sufficient data to document compliance with the express standards and criteria of the zoning provisions which authorize the conditional use.
B. 
The Montgomery County Planning Commission and the Franconia Township Planning Commission shall review the conditional use application for compliance with the express standards and criteria of the zoning provisions which authorize the conditional use and shall submit their recommendations thereon to the Township Board of Supervisors prior to the hearing on the conditional use application.
C. 
A hearing before the Board of Supervisors shall be held on the application for conditional use approval pursuant to public notice.
D. 
At the hearing, all testimony shall be stenographically recorded and a full and complete record kept of the proceedings. The Board of Supervisors shall not be bound by technical rules of evidence and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination shall be permitted.
E. 
At the hearing, the applicant shall have the burden of proof to demonstrate by credible evidence that the application complies in all respects with the express standards and criteria of the zoning provisions which authorize the conditional use. Anyone withstanding to oppose the application shall have the burden of proof to demonstrate by substantial evidence that the application would be injurious to the public health, safety and welfare or a threat to the community.
F. 
The decision of the Board of Supervisors shall be in writing, shall contain findings and reasons in support thereof and shall be served upon all parties or their counsel personally or by mail.
G. 
Upon the grant of conditional use approval, the applicant shall submit a final subdivision plan or final plan of land development, as appropriate, in compliance with the requirements of the Franconia Township Subdivision and Land Development Ordinance (Chapter 122 of the Franconia Township Code) within a period of six months following the date of such approval, unless extended by the Board of Supervisors at the request of the applicant for cause shown.
[Added 1-16-2006 by Ord. No. 335]
The siting and construction of detention basins shall be controlled by the following regulations.
A. 
Single-family residential districts. In all single-family residential districts, where the lot is used for single-family residential purposes, no part of any detention basin shall occupy more than 25% of the required yard area, measured as to linear dimension or surface area. The detention basins shall be located on the perimeter of the lot, shall be entirely within the lot lines, and shall be located as far from the dwelling as possible. If a property in a single-family residential district is used for other than a single-family residential dwelling, detention basins shall be located in accordance with Subsection C hereof. No detention basin shall be located within 75 feet of any building, whether on the same lot or any adjacent lot.
B. 
Multifamily residential districts. In all multifamily residential districts where the lot is used for residential purposes, no part of any detention basin shall be located in the required yard area of any individual dwelling unit. No part of any detention basin shall occupy more than 35% of the required yard area, measured as to linear dimension or surface area, of any district yard. No detention basin shall be located within 75 feet of any building, whether such building is on the same lot or on any adjacent lot.
C. 
Nonresidential districts. In all nonresidential districts, no part of any detention basin shall occupy more than 15% of the required yard area, measured as to linear dimension or surface area. No detention basin shall be located within 100 feet of any building, whether such building is on the same lot or on any adjacent lot.[1]
[1]
Editor's Note: Former Subsection D, General regulations in all districts, which immediately followed, was repealed 12-14-2015 by Ord. No. 385.
[Added 1-16-2006 by Ord. No. 335]
Development in the RR District (Rural Resource Residential District) shall conform to the requirements of the Franconia Township Subdivision and Land Development Ordinance[1] with the following exceptions, which are made in recognition of the fact that the design approach is aimed at creating a rural atmosphere:
A. 
The cartway width of all new roads shall be 26 feet.
[1]
Editor's Note: See Ch. 122, Subdivision and Land Development.
[1]
Editor's Note: Former § 145-28.5, Floodplain, riparian and wetland buffers, added 1-16-2006 by Ord. No. 335, was repealed 11-16-2009 by Ord. No. 365.
[Added 1-16-2006 by Ord. No. 335]
Also known as "interior" or "leg" lots, such lots hereafter created shall be required to have double the dimensional requirements of the zoning district in which they are located; this includes minimum lot area and all minimum yard setbacks. The access leg shall be a minimum of 25 feet in width and shall not be included in the calculation of the lot area.
[Added 9-18-2006 by Ord. No. 340]
Forestry, as mandated by the PA Municipalities Planning Code,[1] is permitted in all districts in the Township subject to the following regulations.
A. 
Forestry activities shall be practiced in accordance with accepted silvicultural principals, through developing, cultivating, harvesting, transporting, and selling of trees for commercial purposes. A plan shall be filed with the Township when the total area of cleared woodland exceeds one acre, which shall provide measures for erosion and sedimentation control and the immediate replanting of trees on areas where existing tree growth has been harvested. All applicable restrictions of the Land Development/Subdivision Ordinance[2] shall be complied with. “Woodland” shall be defined as an area of land which is covered by abutting tree canopies for purposes of this section.
[2]
Editor's Note: See Ch. 122, Subdivision and Land Development.
B. 
Setbacks. Building, including accessory structures, and the harvesting or cutting of timber which is part of any forestry operation within the Township shall be set back from property lines and road frontages as follows:
(1) 
Front yard setback: 100 feet.
(2) 
Side yard setback: 100 feet.
(3) 
Rear yard setback: 100 feet.
(4) 
Setback from any residential building: 100 feet.
(5) 
Setback from road frontage: 100 feet.
C. 
Hours of operation. No forestry operations conducted in the Township shall commence operations of any machinery utilized in the forestry business, including motorized vehicles engaged in the business, until 6:00 a.m. and all such operations shall cease by 11:00 p.m., prevailing time, Monday through Friday, only.
D. 
Exterior storage. Any exterior storage of lumber or forestry product or by-product shall comply with all recognized fire standards and safety standards and shall be screened from view with the planting of an appropriate evergreen screen.
E. 
Deliveries or transport to and from the site. No deliveries to the location or transportation of product or by-product of the forestry operation shall be conducted except between the hours of 6:00 a.m. and 11:00 p.m., Monday through Friday, only.
F. 
Signage and retail operations. No sale of any of the lumber or any other product or by-product of the forestry operation may be sold on the premises where the forestry operation is conducted.
G. 
State and federal regulations. The operation shall comply fully with all DER, DEP and other state and federal regulations.
H. 
Access. Access to and from the site shall be subject to a highway occupancy permit issued by the state or Township, as applicable.
I. 
Noise. All restrictions as stated in Chapter 99 with respect to noise shall apply to the operation.
[1]
Editor's Note: See 53 P.S. § 10101.
[Added 6-17-2008 by Ord. No. 347]
The following performance standards shall apply to all uses in all districts:
A. 
Smoke.
(1) 
No smoke shall be emitted from any chimney or other source of visible gray greater than No. 1 on the Ringelmann Smoke Chart, as published by the United States Bureau of Mines, except for five minutes in any 30 minutes.
(2) 
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color, but with an equivalent apparent opacity.
B. 
Dust, dirt, fly ash, fumes, vapors and gases.
(1) 
No emission shall be made which can cause any damage to health, to animals or vegetation or other forms of property or which can cause any excessive soiling at any point.
(2) 
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the carrying gas at any point.
(3) 
For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.
C. 
Noise. At no point on the lot boundary of an industrial use shall the sound-pressure level of any operation exceed the described levels in the designated octave bands shown below, except for alarm systems designed to protect persons or property.
Maximum Permitted Sound Levels
Octave Band
(cycles per second)
Along Residential or Commercial District Boundaries
(decibels)
Along Any Other Boundaries
(decibels)
0 to 75
72
79
75 to 150
67
74
150 to 300
59
66
300 to 600
62
59
600 to 1,200
46
53
1,200 to 2,400
40
47
2,400 to 4,800
34
41
Above 4,800
32
39
D. 
Odors. There shall be no emission of odorous matter in such quantities as to be offensive at any lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.
E. 
Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
F. 
Vibration. No vibration shall be discernible at any point beyond the lot line.
G. 
Radioactive or electrical disturbance. There shall be no activities which emit uncontrolled dangerous or harmful radioactivity. Activities or processes licensed under the Atomic Energy Commission of the United States shall be considered, prima facie, controlled. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property to the creator of such disturbance.
H. 
Hazardous materials.
(1) 
The current edition of the International Fire Code shall be the source for the definition and listing of hazardous materials. The types of hazardous materials shall include but not be limited to:
(a) 
Combustible liquids.
(b) 
Corrosive materials.
(c) 
Explosive materials.
(d) 
Flammable materials.
(e) 
Highly toxic materials.
(f) 
Oxidizing materials.
(g) 
Organic peroxides.
(h) 
Pyrophoric materials.
(i) 
Toxic materials.
(j) 
Unstable (reactive) materials.
(k) 
Water-reactive materials.
(2) 
The possession, use or transporting of these materials shall be in strict conformance with the regulations of the International Fire Code and the current edition of the International Building Code.
(3) 
Any use, building or operation that falls under the H High Hazard Occupancy Use Group of the International Building Code shall be prohibited in all zoning districts except the LI and I Industrial Districts, where it shall be permitted by conditional use. The applicant for approval of such a use shall establish by credible evidence that the proposed use meets all requirements of the International Building Code, current editions. He shall further establish that any threat created by the operation shall be limited to the confines of the property on which it is located. Review and approval of the application shall be subject to the review, approval and imposition of conditions by the Fire Marshal of Franconia Township. The application shall not be approved unless the Board of Supervisors is satisfied that the health, safety and welfare of the community are protected.
[Added 11-16-2009 by Ord. No. 365]
The use and operation of wind energy facilities shall be regulated by the following provisions.
A. 
Wind energy facilities shall be permitted by special exception as an accessory use in all zoning districts in the Township. Approval is subject to the appropriate standards in Article XXIII.
(1) 
A wind energy facility shall not be permitted in any open space that has been set aside as part of the approval of a development, or any open space created through a public preservation program.
B. 
The design and construction of the wind energy facility shall be certified by an accredited professional to meet all applicable local, state and federal regulations.
C. 
The following dimensional regulations shall apply to all wind energy facilities.
(1) 
The lot on which a wind energy facility is located shall be a minimum of three acres in size.
(2) 
The maximum height of any wind energy facility shall be 75 feet measured to the highest point of the structure, whether fixed or movable, provided that this limitation shall not serve to void the manufacturer's warranty. Documentation concerning the need to allow additional height shall be subject to Township review and approval during the special exception process.
(3) 
The wind energy system shall be set back a minimum of 90 feet from all property lines, aboveground utility poles and aboveground utility lines. It shall be set back from all occupied buildings on the lot a minimum of 1.5 times the maximum height of the structure.
(4) 
The wind energy system components shall be of a neutral color designed to blend with natural background surrounding the installation.
D. 
All wind energy systems shall be freestanding pole structures, and all associated electric lines shall be under ground.
E. 
All components of all wind energy systems shall be fully enclosed within an eight-foot-high security-type fence, with a locked gate. Warning signs shall be posted at obvious locations informing all of the hazard involved and identifying the electrical characteristics of the installation.
F. 
All wind energy facilities shall comply with the following nuisance provisions.
(1) 
Noise: Audible sound from the facility shall not exceed 55 dBa, as measured at all property lines.
(2) 
Lights: There shall be no lights on or about a wind energy facility.
(3) 
Shadow flicker: All reasonable efforts shall be made to minimize this effect.
G. 
All wind energy facilities must provide, prior to permit approval, a plan for decommissioning or abandonment. The plan must address demolition, restoration, time frame and financial security in a form acceptable to the Township Solicitor.
[Added 7-8-2015 by Ord. No. 383]
Storage sheds may be erected in the RR Rural Resource Residential District, the R-175 Residential District, and the R-130 Residential District in accordance with the following regulations:
A. 
The storage shed shall be a maximum 200 square feet.
B. 
The storage shed may only be used for the storage of lawn and garden equipment, hand tools, bicycles or related materials. The shed shall not be used for the housing of automobiles or trucks.
C. 
The storage shed may only be placed in the rear yard, shall be a minimum of 10 feet from the rear property line, and shall be a minimum of 10 feet from the side property line.
D. 
There shall be no exterior signage of any kind on the side or rear of the storage shed that abuts a neighbor's property.