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.
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.
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.
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:
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.
[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.
[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.
[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]
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.
[Added 1-20-2020 by Ord. No. 409[1]]
A.
Lighting shall be required in accordance with Chapter 122, for all uses within the Township where public health, safety and welfare are potential concerns including:
(1)
Streets and intersections.
(2)
Nonresidential parking areas.
(3)
Automotive fuel-dispensing facilities.
(4)
Automotive sales areas.
(5)
Loading docks.
(6)
Public pedestrian and bicycle paths and sidewalks.
(7)
Nonresidential building entrances.
(8)
Residential subdivisions and land developments, excluding single-family
detached uses.
(9)
Recreational facilities.
(10)
Other public facilities.
(11)
Any other locations deemed necessary by the Board.
[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.
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:
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.
[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:
(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.
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.
