The purpose of this chapter is to identify certain regulations and standards which are generally either common to all zoning districts or applicable to more than one district.

(Ord. 896, passed 12-21-2011)

   (a)   No building or structure, or part thereof, shall hereafter be erected, constructed or altered, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this Zoning Code.

   (b)   Every principal building shall hereafter be built on a lot with frontage on a public or private street.

   (c)   No lot or premises shall hereafter be subdivided or reduced in area or size in any manner so as to violate the provisions of this Zoning Code.

(Ord. 896, passed 12-21-2011)

   All new construction on lots where there is currently no sidewalk shall install a sidewalk with handicapped curb cut ramps at the crosswalks.

(Ord. 896, passed 12-21-2011)

   (a)   No principal building or part thereof shall be erected within, or shall project into, any required yard in any district, except for unenclosed process, decks, one-steps; and none of these or similar projections shall encroach more than three feet into the required yard. However, unenclosed decks may extend into required yards as noted below:

 

 

   (b)   In TH Districts, unenclosed decks may extend 12 feet from the rear wall of the principal building and no farther.

(Ord. 896, passed 12-21-2011)

   (a)   On any corner lot, no wall, fence or other structure shall be erected or maintained, and no hedge, tree, shrub or other growth shall be planted, grown or maintained which may cause danger to vehicular traffic by obscuring the view or in any other way be a source of danger.

   (b)   In residential districts, where a lot is located at the intersection of two streets, no obstruction or any kind whatsoever of a height greater than 24 inches shall be maintained or permitted within a triangle, the legs of which measured from the intersection of the curb lines at the corner shall be 25 feet.

   (c)   The township shall have the right to declare any obstruction to vision within the line of the sight triangle to be a safety hazard and shall direct the owner of the property to have it removed. If the owner fails to do so within 30 days of written notice, the township shall remove the obstruction and bill the owner and lien the property for the expense involved.

(Ord. 896, passed 12-21-2011)

   (a)   Accessory structures shall be located, erected and maintained in side or rear yard areas only.

   (b)   Unless specifically noted otherwise in this Zoning Code, no accessory structure shall be more than one story or 15 feet in height, except when a greater height is permitted by special exception in the case of an accessory to a nonresidential use.

   (c)   Accessory structures shall comply with the township’s stormwater management regulations.

   (d)   Accessory structures shall not exceed 8% or the parcel's overall district threshold for building coverage or lot imperviousness and shall have the minimum setbacks listed below:

 

 

(Ord. 896, passed 12-21-2011; Ord. 1024, passed 5-18-2022)

   (a)   Utility sheds shall not be considered an accessory structure. A utility shed shall not exceed 144 square feet, ten feet in height, and shall be governed by the following set backs.

 

 

   (b)   Installation requirements for utility sheds shall be as follows:

      (1)   A utility shed may be installed or erected on any property within the township without the placement of footers or foundations beneath the utility sheds, provided that, for the purpose of rodent and vermin control, the utility shed is placed on a concrete slab not less than four inches thick, and further provided that the utility shed complies with all other requirements of the Building and Housing Code;

      (2)   Four inches of crushed stone can be used in lieu of a concrete slab in the event that the shed is of the fabricated wooden variety with a treated wooden floor system. Such a system must contain treated skids that elevate the floor of the building a minimum of four inches above grade for air circulation beneath the structure. Wire must be secured to the perimeter skids as a rodent and vermin control;

      (3)   The concrete slab or stone must be no less than two inches larger than the maximum length and width of the shed; and

      (4)   Compliance with the township’s stormwater management regulations.

   (c)   Temporary storage structures are permitted and may be located in the driveway, notwithstanding § 1292.06(a). The number of storage structures on a lot shall be limited to one and shall not remain on the lot in excess of 30 days. If additional time is needed for the structure, a permit must be obtained from the Code Enforcement Office.

(Ord. 896, passed 12-21-2011)

   (a)   In all districts, except LI Limited Industrial Districts, no wall, fence, hedge or other similar structure or growth shall extend into any front yard.

   (b)   In all residential districts no wall, fence, hedge or similar growth shall exceed six feet in height, with the exception of fences required around swimming pools, in which case said fence may be no less than four feet and no more than six feet in height. In addition, an above-ground pool 24 inches high or greater shall not require a separate fence if said above-ground pool comes with a fence already attached to the top of the pool, so long as said fence contains a ladder that folds up and locks so as to prevent further access to the swimming pool.

   (c)   In all nonresidential districts, no structures or growths noted in subsections (a) and (b) above shall exceed eight feet in height when any residential district abuts any nonresidential district. If a fence is to be erected, then that fence shall not exceed eight feet in height unless approved by the Township New Construction Committee as a waiver of this subsection (c).

   (d)   However, fences surrounding public or semipublic uses, tennis courts or ball fields may have a height of not more than 12 feet.

   (e)   Applications for a fence permit shall be submitted to the Building Inspector, together with two sets of plans and specifications setting forth the details, area and depth of the proposed construction in all of its parts, together with a plot plan showing the location of the buildings on a lot, the fencing, existing and planned, and the height and aperture dimensions thereof, and all open spaces required by this Zoning Code, drawn to scale and dimensioned.

   (f)   All fences erected within the township that have a decorative side shall be erected so that such decorative side faces the outside of the property or forms the exterior side of such fence.

   (g)   With regard to post and rail-type fencing, if such fencing has no more than one upright post and is less than ten feet in length, then such fence shall be considered as landscaping or decorative in nature and will not be regulated by this section. However, if such post and rail-type fencing contains more than one upright post and is ten feet in length or greater, then such fencing shall be regulated as provided in this section and all other regulations and provisions of this Zoning Code.

(Ord. 896, passed 12-21-2011; Ord. 999, passed 2-19-2020)

   (a)   The minimum lot area and maximum coverage regulations of this Zoning Code shall apply to public utility facilities, unless the Pennsylvania Public Utility Commission decides the proposed building is reasonably necessary for the convenience or welfare of the public; provided, however, that all yard and maximum height regulations shall apply, except for necessary towers, poles, lightning rods, arresters and similar extensions.

   (b)   In residential districts, the permitted public utility facilities shall not include storage of maintenance vehicles or equipment.

   (c)   No equipment creating unreasonable noise, vibration, smoke, odor or other nuisance, as specified in Chapter 1280 relating to performance standards, shall be installed.

(Ord. 896, passed 12-21-2011)

   (a)   Unless specifically stated otherwise for a particular zoning district, all refuse shall be placed in closed, rigid, vermin-proof containers. In the case of townhouses, multi-family dwellings and nonresidential buildings, all refuse receptacles shall be effectively screened from the view of the residents and from public streets and sidewalks by means of a fence, wall or plantings. All such refuse receptacles shall be placed on the property responsible for such refuse.

   (b)   Where a C Commercial District or an SC Shopping Center District abuts a residential district, all trash and refuse containers and trash dumpsters shall be placed on the commercial property a minimum of 20 feet from the property line, and all such receptacles shall be effectively screened from the view of residents and from public streets and sidewalks by means of a fence, a wall or plantings.

(Ord. 896, passed 12-21-2011)

   In the case of multi-family dwellings and nonresidential buildings, lighting facilities shall be provided and arranged in a manner that will protect the street and neighboring properties from excessive glare and hazardous interference of any kind. Lighting facilities shall be provided for the safety and convenience of the residents of multi-family dwellings or patrons of nonresidential buildings. All driveways and parking areas must be properly lighted to assure safe driving conditions at night and security for residents and patrons.

(Ord. 896, passed 12-21-2011)

   In the event that multi-family dwellings are converted or developed as condominiums, such condominiums shall be owned and operated in accordance with the Uniform Condominium Act, as amended, being 68 Pa.C.S. §§ 3101 et seq.

(Ord. 896, passed 12-21-2011)

   No lot or premises in any part of the township shall be used to keep or raise chickens, ducks, pigeons or other fowl, or any rabbits, hares, guinea pigs, white mice, hamsters or any other small animals with the exception of specimens kept as household pets, provided the keeping of same shall not cause a nuisance. No lot or premises in any part of the township shall be used to keep or raise any horses, cows, sheep or any other farm animals or wild animals or reptiles, whether domesticated or not. In connection with both the small and large animals mentioned above, the owner may continue to keep or raise such animals if this activity was in progress before the adoption of this Zoning Code, provided that such activity does not cause a nuisance.

(Ord. 896, passed 12-21-2011; Ord. 914, passed 4-17-2013)

   Standards for structures for the sale of agricultural products shall be as follows.

   (a)   No roadside stand used for the sale of agricultural products shall remain on the property during seasons when such products are not sold.

   (b)   Off-street parking shall be provided in accordance with requirements of Chapter 1284.

   (c)   The building for the sale of agricultural products shall be located not less than 35 feet from the right-of-way line.

(Ord. 896, passed 12-21-2011)

   (a)   The following provisions shall regulate satellite antennas.

   (b)   In this section, the words ANTENNA or ANTENNAS refer to satellite antennas.

      (1)   Satellite antennas shall be permitted in all zoning districts.

      (2)   Satellite antennas shall be permitted as accessory uses subject to this section and § 1292.06. However, where such antennas are proposed for nonresidential uses in residential districts, they shall be permitted only by special exception.

      (3)   Ground based antennas shall not be placed in the front yard.

      (4)   Ground based antennas shall not exceed a diameter of ten feet.

      (5)   The height of ground-based antennas shall not exceed 15 feet, as required for accessory structures in § 1292.06.

      (6)   All wiring for ground-based antennas shall be underground.

      (7)   Residential, roof-mounted antennas shall not exceed four feet in diameter.

      (8)   Where possible, roof-mounted antennas shall be placed on the portion of the roof sloping away from the front of the lot.

      (9)   Applications for roof-mounted antennas shall be submitted to the BCO and shall be accompanied by a specific mounting and stress analysis report prepared by a professional engineer.

      (10)   Satellite antennas should be of a color that blends with the surrounding landscape. They should have an open mesh rather than a solid surface to reduce visual blockage.

      (11)   A planted visual screen or other effective visual barrier shall be planted or erected and maintained in order to reduce visibility of a ground-based antenna from a public street.

      (12)   In residential districts, not more than one antenna shall be permitted on a lot with its use limited to that lot.

      (13)   Every antenna must be adequately grounded for protection against a direct strike of lightning.

      (14)   A permit must be obtained from the Township BCO prior to the installation of a satellite antenna.

      (15)   The installation of a satellite antenna must comply with all applicable local, state and federal regulations.

(Ord. 896, passed 12-21-2011)

   (a)   Swimming pools are intended to be used solely for the enjoyment of the occupants of the principal permitted use of the property on which it is located and their guests.

   (b)   Swimming pools, where permitted, must be located not less than ten feet from the principal building and not less than five feet from any property line. All swimming pools shall be located behind the building line.

   (c)   Hot tubs must be located not less than three feet from the principal building and not less than five feet from any property line. All hot tubs shall be located behind the building line.

   (d)   No swimming pool or hot tub shall be located under electrical lines or over exiting utility lines.

   (e)   Swimming pools and hot tubs shall comply with all other applicable local regulations.

   (f)   A plan showing the type, quality and construction of swimming pool and/or hot tub shall be submitted to the township.

   (g)   All applications for swimming pools must include a topographical survey plan with existing and proposed grades which shall be prepared by a registered engineer or surveyor and approved by the Township Engineer prior to consideration.

   (h)   All fencing regulations as set forth in § 1292.08 shall be complied with and shall be included on the application, plan and topographical surveys required to be submitted to the Township Engineer as stated above.

(Ord. 896, passed 12-21-2011; Ord. 958, passed 12-21-2016)

   All activities and uses shall be in accordance with Chapter 1043 of the Streets, Utilities and Public Services Code.

(Ord. 896, passed 12-21-2011)

   Conditions relating to hazards from fire or explosion shall be in accordance with 2006 Edition of the International Fire Code, as amended.

(Ord. 896, passed 12-21-2011)

   (a)   Any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks, and designated storage areas shall be planted and maintained with landscaping. Maximum advantage shall be taken of existing trees and shrubs in landscaping.

   (b)   All landscaped planting areas, as defined in § 1250.07, shall be planted with grass seed, sod or other ground cover and shall be maintained and kept clean of all debris, rubbish, weeds and tall grass; provided, however, that if such land is naturally wooded, it may continue in its natural state.

   (c)   Unless otherwise specified, landscaped planting areas may be part of the required front, side and rear yards.

   (d)   Except for single-family and two-family dwellings, any part or portion of a site which is not used for loading and parking spaces, aisles, sidewalks and designated storage areas shall be landscaped according to an overall plan, prepared and approved as part of the development plan or shall be left in its natural state. A replacement program for non-surviving plant material should be included.

   (e)   General requirements for landscape plans shall be as follows.

      (1)   Landscaping shall be installed and maintained in accordance with a landscape plan prepared by a registered landscape architect and approved by the Township Board of Commissioners. The landscape plan shall depict all proposed plantings as required within planted buffers and planted visual screens and in other landscaped areas which relate to, complement, screen, or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and other site features.

      (2)   The landscape plan shall be based on and reflect the following:

         A.   Respect for and incorporation of existing topographic, landscape and other natural features;

         B.   The functional and aesthetic factors which relate to the tract and to the principal and accessory buildings and other structures;

         C.   Enhancing views from and within the tract;

         D.   Screening and complementing proposed buildings and other structures;

         E.   Creating visual interest for the users and/or residents of the proposed project; and

         F.   Using plant materials which are hardy and acclimated to the conditions at the tract and within the township.

      (3)   The landscape plan shall include notes, diagrams, sketches or other depictions to present the consideration and analysis of the following:

         A.   An analysis of the site in terms of the existing views to and from the areas which are proposed for development; existing topography and vegetation conditions; and other existing conditions which are relevant to the site;

         B.   An analysis of proposed planting and other landscaping needs as related to screening views of buildings; screening parking areas and other areas where vehicles are parked; screening storage areas; screening site utilities; and other appropriate types of screening;

         C.   The consideration of locations where plantings and other landscaping are needed to provide visual interest; define outdoor spaces; complement the proposed architectural style; and achieve other functional and aesthetic requirements for buffer areas; and

         D.   Existing trees shall be preserved wherever possible. The protection of trees 12 inches or more in caliper (measured at a height four feet above the original grade) shall be a factor in determining the location of buildings, open space, structures, underground utilities, walks and paved areas. Areas in which trees are to be preserved shall remain at original grade level and in an undisturbed condition.

   (f)   Design criteria for landscape plans shall be as follows.

      (1)   Parking lots shall be landscaped and screened as required in Chapter1284.

      (2)   Landscaping shall be provided in association with each principal building in accordance with the following criteria:

         A.   A combination of evergreen and deciduous trees and shrubs shall be used as “foundation” plantings, i.e., plantings to be installed in reasonably close proximity to the facades;

         B.   At least one three and one-half- to four-inch caliper specimen deciduous tree of 11 to 13 feet in height at the time of planting, and one eight- to ten-foot specimen evergreen tree, shall be planted for every 50 feet of length of building facade. These specimen trees shall be clustered or grouped to provide a pleasing, naturalistic effect and existing trees to be retained may be utilized to satisfy this requirement;

         C.   Four evergreen and/or deciduous shrubs shall be planted for every 20 feet of length of building facade; and

         D.   Trees and shrubs shall be grouped in accordance with specific needs and objectives.

      (3)   Other landscaping, including trees, shrubs and ground covers, shall be provided along walkways, in courtyards, around sitting areas, at the entrance to the site and in other highly visible locations, especially on the outer side of any internal access roads which are visible from a public street which may adjoin a tract, at the entrance to buildings and around structures used for service, storage or maintenance purposes.

      (4)   The location, type, size, height and other characteristics of landscaping shall be subject to review and approval by the Board of Commissioners upon recommendations of the Planning Commission and Township Engineer.

   (g)   Minimum standards for the quality and maintenance of plant material shall be as follows.

      (1)   All plants shall conform to the standards for nursery stock of the American Association of Nurserymen.

      (2)   Trees and shrubs shall be typical of their species and varieties, have normal growth habits, shall be well developed, and have densely foliated branches and vigorous, fibrous root systems.

      (3)   Trees and shrubs shall be free from defects and injuries and certified by appropriate federal and state authorities to be free from disease and insect infestations.

      (4)   Trees and shrubs shall be freshly dug and nursery grown. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to the conditions of the locality of the project.

(Ord. 896, passed 12-21-2011)

   (a)   A planted visual screen, as defined in § 1250.07, shall be provided and continually maintained under the following circumstances:

      (1)   Where a proposed commercial or industrial use abuts an existing residential use or residential district and where a proposed institutional use abuts a residential use;

      (2)   Where any proposed multi-family, townhouse or mobile home use abuts an existing single-family dwelling; and

      (3)   In any other instance where screening is required by this Zoning Code or by the township.

   (b)   Screening shall comply with the following requirements.

      (1)   The planted visual screen shall include a variety of evergreen species (but no more than three) which are indigenous to the area so as to provide a year round visual barrier.

      (2)   Planted visual screens shall incorporate earthen mounds or berms, wherever possible, to improve sound as well as visual buffering and shall be broken at points of vehicular or pedestrian access.

      (3)   Plant materials used in screening shall be at least six feet in height when planted, and no plantings shall be placed with their center closer than five feet from the property line of the tract.

      (4)   All existing trees within the required planted visual screen greater than three inches in caliper and/or eight feet in height shall be preserved wherever possible.

      (5)   Screening shall be designed so as not to obstruct sight distances at intersections.

      (6)   Screening design, including the type of plant materials to be used, spacing of plant materials, and the location of earthen berms, shall be subject to review and approval by the Board of Commissioners upon the recommendation of the Planning Commission and Township Engineer.

      (7)   Screens shall be perpetually maintained during the period the principal use causing the need for screening is in operation. Any plant material which does not survive shall be replaced within six months.

      (8)   Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents and any other structures or equipment which rise above the roof line shall be architecturally compatible or effectively shielded from view from any public or private dedicated street by an architecturally sound method which shall be approved, in writing, by the township before construction or erection of said structures or equipment.

      (9)   All mechanical equipment not enclosed in a structure shall be fully and completely screened in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan and architectural review by the township.

   (c)   In case of a conflict between any regulation in this section and that in any individual district, the regulation in the individual district shall prevail.

(Ord. 896, passed 12-21-2011)

   Family based community residence facilities shall be permitted by right in the R-1, R-2 and R-3 Districts.

   (a)   Supervision, on a 24 hour basis, shall be available by adults qualified in the field for which the facility is intended.

   (b)   The maximum number of residents in a community residential facility shall be four and the maximum number of residents per bedroom shall be two.

   (c)   Parking shall be in accordance with Chapter 1284.

   (d)   All new facilities shall meet the dimensional requirements of the district in which they are located.

   (e)   Any alterations or additions to the exterior of a community residential facility shall be compatible with the existing structure and in keeping with the neighborhood character, excluding safety required modifications. Upon the closing of a community residential facility all safety required modifications shall be removed.

   (f)   Each facility must receive all pertinent certificates/or licenses from the appropriate state agencies.

   (g)   All other applicable requirements of the Zoning Code, State Uniform Construction Code and all other applicable township codes and state regulations and statutes shall be met.

   (h)   All facilities must supply the township (and keep current) the name of a person responsible for responding to a complaint filed by the township.

   (i)   All community residential facilities will be available for reasonable periodic inspections by appropriate township officials.

   (j)   A record of all community residential facilities and their locations shall be maintained by the Township Building Inspector.

   (k)   (1)   Any applicant proposing to use a single-family dwelling as a community residential facility shall first obtain a permit from the Code Enforcement Office.

      (2)   The applicant shall submit a site plan to the Code Enforcement Office which shows compliance with the following criteria:

         A.   The applicant shall provide, as a minimum, the following square footage in each bedroom:

            1.   Provide 100 square feet of space per bedroom;

            2.   To house two persons per bedroom, the dwelling unit must provide 120 square feet of space per bedroom; and

            3.   Any single-family dwelling unit that is proposed to be used as a community residential facility shall provide for a separate bedroom for the care provider or providers.

         B.   The Code Enforcement Office shall promptly approve all applications and issue a permit upon a showing of compliance with the provisions of this chapter; and

         C.   No community residence facility as defined under § 1250.07 shall be located within a radius of 1,000 feet of another community residence facility, an intermediate day care center, an adult day care center or a continuing care facility.

(Ord. 896, passed 12-21-2011)

   In the R-1 and R-2 Residential Districts, lots without public water and/or sewage disposal systems may be developed for residential use provided the following minimum areas are provided:

   (a)   Fifteen thousand square feet for lots without public sewer; and

   (b)   Thirty thousand square feet for lots without both public sewer and public water.

(Ord. 896, passed 12-21-2011)

   The applicable design standards for all subdivision and land development regulations within the township shall be applied to existing buildings and/or development where there is an encroachment into a right-of-way and/or a township 360/grading permit is required.

(Ord. 896, passed 12-21-2011)

   No-impact home based businesses shall be permitted as an accessory use in all residential districts, subject to the following requirements.

   (a)   The business activity shall be compatible with the residential use of the property.

   (b)   The business shall employ no employees other than family members residing in the dwelling.

   (c)   There shall be no display or sale of retail goods and no stockpiling of inventory.

   (d)   The business may not use any process or equipment that creates noise, vibration, glare, fumes, odors or electrical or electronic interference with radio or television reception.

   (e)   The business may not discharge any solid waste or sewage discharge that is not normally associated with residential use.

   (f)   The business may not occupy more than 25% of the gross floor area of the dwelling.

   (g)   There shall be no outside appearance of a business within the residence.

   (h)   There shall be no off-street parking for the occupation, in addition to that required for the residential use.

(Ord. 896, passed 12-21-2011)

   Family day care homes shall be permitted as an accessory use in the R-1, R-2 and R-3 Districts subject to the requirements listed below.

   (a)   Any outdoor play area must be enclosed with a fence that shall be not less than four feet high and shall extend to the ground to prevent children from crawling underneath.

   (b)   Outdoor play activities shall be limited to the hours between 9:00 a.m. and 7:00 p.m.

   (c)   The area for pick-up and discharge of children must be free from traffic hazards.

   (d)   The appearance and exterior design of the facility shall be compatible with the surrounding neighborhood.

   (e)   There shall be screening and planting consistent with the character of the surrounding uses.

   (f)   The facility shall display no sign that is inconsistent with the residential character of the neighborhood and shall be subject to Chapter 1282 relating to signs.

   (g)   No portion of the dwelling shall be within 200 feet of a gasoline dispensing station, underground gasoline storage tanks, heavy industrial operations, truck-loading areas or other hazardous uses or activities.

   (h)   Each facility must have the appropriate certificates as required by the State Department of Public Welfare (DPW) that shall be prominently displayed in the main entrance of the facility. All day care homes must meet all current DPW regulations and any applicable federal, state or local laws, ordinances, and regulations, including building and fire safety codes.

   (i)   The operator of the facility shall allow the BCO or CEO to enter the property at reasonable times, subject to 24-hour notice, to inspect the facility for compliance with this section and other applicable ordinances or regulations.

(Ord. 896, passed 12-21-2011)

   (a)   Alternative energy sources which, include, but are not limited to, ground source heat pumps (geothermal), solar energy systems, and wind energy systems shall have the following standards and criteria: the applicant shall submit data to the Code Enforcement Office, which establishes that the alternative energy system proposed will have a net energy gain.

   (b)   In addition to standards and criteria for approval of conditional uses set forth in Chapter 1290, the following standards and criteria shall apply to alternative energy conditional use.

      (1)   The applicant shall submit data to establish that the alternative energy system proposed will have a net energy gain.

      (2)   The alternative energy system shall not adversely affect solar access to adjacent properties.

      (3)   The alternative energy system shall comply with all applicable engineering, structural, building, safety and fire regulations.

      (4)   The alternative energy system must comply with all applicable federal and state regulations.

      (5)   The alternative energy system shall not have an adverse impact on the area, including the health, safety and general welfare of occupants of neighboring properties and users of public rights-of-way.

      (6)   The alternative energy system shall require a building permit and any other associated permits and shall be constructed in accordance with the applicable provisions of the International Building Code (IBC) or International Residential Code (IRC) of the prevailing year.

      (7)   Equipment associated with an alternative energy system shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.

      (8)   Alternative energy systems shall not encroach on public drainage, utility or right-of-way easements.

      (9)   If an alternative energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained.

(Ord. 896, passed 12-21-2011; Ord. 1025, passed 5-18-2022)

   A student home is permitted by special exception, only, within the R-1, R-2 and R-3 Zoning Districts within a lawful single-family dwelling unit under the Township Zoning Code, provided all of the following requirements are met.

   (a)   A student home shall only be permitted within a single-family detached dwelling.

   (b)   No student home shall be permitted within a two-family dwelling unit, of any kind, including but not limited to, twins, townhouses or duplexes.

   (c)   No more than one building on a lot may be used as a student home.

   (d)   A special exception authorizing a student home shall expire unless the use is licensed and occupied as a student home within six months from the date of the special exception authorization.

   (e)   No student home shall be closer than 500 feet to another student home property line. The distance requirement is measured from the closest property line of a potential student home to another student home property line.

   (f)   The rules and regulations applicable to the conduct of student tenants in student homes authorized under this section shall, at a minimum, conform to those applicable to on-campus dormitories of the college or university wherein the student tenants at issue attend. The owner shall provide proof of such rules and regulations to the township.

   (g)   The student home shall have a minimum of 1,000 square feet of living area, exclusive of building area covered by a basement, garage or an accessory building.

   (h)   The student home shall meet the minimum yard setbacks, lot area and lot width requirements for single-family detached dwellings within the zoning district in which located.

   (i)   Noise abatement measures acceptable to the township shall be used to avoid conflicts with nearby neighbors.

   (j)   A buffer area with a width of ten feet shall be required for student homes along the rear and side lot lines of the subject property.

   (k)   Landscaping acceptable to the township shall be used as a buffer between a student home and any nearby dwellings.

   (l)   The number of persons living in such a student home shall not exceed four. Any number of persons in excess of four would tend to create an institutional atmosphere that would threaten the residential character of the subject zoning district.

   (m)   The student home shall meet the minimum area, yard setback, lot width and other area and bulk requirements for single-family detached dwellings, unless otherwise specified herein.

   (n)   A minimum of one paved off-street parking space per student home located to the side or rear of the premises and not in the front yard shall be required, in addition to those otherwise required for a single-family dwelling.

   (o)   The owner, manager and/or agent of the student home shall secure an annual license from the township in accordance with Chapter 1461 of these codified ordinances.

   (p)   The owner of the property shall provide the township with the number of students that reside within a student home and shall provide the names and contact information for each student residing therein.

   (q)   The owner of the property shall notify the township when there is a change in the individual students residing within a student home and/or if the property is no longer used as a student home. The owner of the property shall immediately notify the township of a change in the property’s status as a student home. In the event that the student home is no longer leased to students for a period of one year or more, any request to relicense the dwelling as a student home shall only be permitted in accordance with all requirements of this section.

   (r)   No student residing within a student home shall conduct himself or herself in a disruptive manner.

   (s)   A student home shall not be permitted to be used for any purpose other than a residence.

   (t)   The owner of the student home and the students residing within said student home shall not engage in, nor tolerate nor permit others on the property of the student home to engage in, conduct declared illegal under the State Crimes Code, being 18 Pa.C.S. §§ 101 et seq., Liquor Code, being 47 P.S. §§ 1-101 et seq. and/or Controlled Substance, Drug, Device and Cosmetic Act, being 35 P.S. §§ 780-101 et seq. The owner shall provide the township with proof of rules and regulations enforcing the same at the subject property.

   (u)   The student home’s exterior appearance shall be maintained so as to resemble the dwellings within the immediate vicinity of the student home, and there shall be no signs identifying the use and/or identifying it as a student home.

   (v)   This section is not intended, nor shall its effect be, to limit any other enforcement remedies, which may be available to the township against an owner, student tenant and/or guest thereof found in this chapter and/or other applicable law.

(Ord. 939, passed 7-15-2015; Ord. 942, passed 1-20-2016)

   (a)   Purpose. The purpose and intent of this section is to regulate the growing and dispensing of medical marijuana that is grown in accordance with state law in order to promote the health, safety, morals and general welfare of the residents and businesses within the township. The township is authorized to regulate this activity pursuant to the MMA.

   (b)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      CUP. A conditional use permit issued by the township in accordance with this code of ordinances

      FULLY ENCLOSED AND SECURE STRUCTURE. A space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and is inaccessible to minors.

      GROWING. Defined in accordance with the MMA.

      GROWING PERMIT. A permit issued by the Commonwealth of Pennsylvania pursuant to the regulations set forth in the MMA.

      GROWING PERMITEE. An applicant who has applied for and has been issued a growing permit by the Commonwealth of Pennsylvania pursuant to the regulations set forth in the MMA.

      INDOORS. Within a fully enclosed and secure structure.

      MEDICAL MARIJUANA. Also means MEDICAL CANNABIS and shall be defined in accordance with the MMA.

      MEDICAL MARIJUANA DISPENSARY. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

      MMA. The Act of April 17, 2016 (P.L. 84, No. 16) (35 P.S. §§ 1023.101 through 1023.2110), referred to as the MEDICAL MARIJUANA ACT.

      OUTDOORS. Any location within the township that is not within a fully enclosed and secure structure.

   (c)   Marijuana growing prohibited. All marijuana growing within the township is prohibited except as expressly permitted by this section.

   (d)   Indoor medical marijuana growing conditionally permitted. Indoor medical marijuana growing is conditionally permitted in the township only as expressly specified in this section.

      (1)   Indoor medical marijuana growing shall only be allowed upon application and approval of a grower/processor permit issued by the commonwealth and a CUP in accordance with the criteria and process set forth in this section and this code.

      (2)   Indoor medical marijuana growing is a conditionally permitted use only on properties within the Limited Industrial (LI) Zoning District.

      (3)   No marijuana growing shall be established, developed or operated within 1,000 feet of the property line of a public, private or parochial school or a day care center. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure in which the indoor medical marijuana growing is, or will be located, to the nearest property line of those uses describe in this subsection (d)(3).

      (4)   Indoor medical marijuana growing facilities may be located within the same building or structure as a medical marijuana processing facility only if the indoor medical marijuana growing facility is located in separate rooms of the building or structure, and only if the indoor medical marijuana growing facility has its own separate entrance into the building or structure.

      (5)   Indoor medical marijuana growing is allowed only within fully enclosed and secure structures that are inaccessible to minors.

      (6)   Indoor medical marijuana growing shall not exceed the square footage authorized pursuant to the CUP.

      (7)   From any public right-of-way, there shall be no visible exterior evidence of any indoor medical marijuana growing activity.

      (8)   Indoor medical marijuana growing activity may include growing marijuana plants, harvesting marijuana plants and drying marijuana flowers, but shall not include any extraction procedures to produce concentrated THC, except as may be expressly authorized under the MMA for holders of a grower-processor permit.

      (9)   Indoor medical marijuana growing shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.

      (10)   All indoor medical marijuana growing facilities shall fully comply with all of the applicable restrictions and mandates set forth in the MMA. All indoor medical marijuana growing facilities shall comply with all size requirements for such facilities as imposed by the MMA. Indoor medical marijuana growing facilities shall not engage in any activities not allowed by indoor medical marijuana growing facilities pursuant to state law. All indoor medical marijuana growing facilities shall comply with all horticultural, labeling, processing and other standards required by the MMA.

      (11)   There is no set restriction on the hours of operation of indoor medical marijuana growing facilities; however, restricted hours of operation may be established as a condition of approval of the CUP.

      (12)   All medical marijuana shall be kept in a secured manner during all business and nonbusiness hours.

      (13)   All indoor medical marijuana growing facilities shall operate within a legal structure that is compliant with the MMA as well as all applicable state and local laws.

      (14)   All indoor medical marijuana growing facilities must pay all applicable sales taxes pursuant to all federal, state and local laws.

      (15)   On-site smoking, ingestion or consumption of marijuana or alcohol shall be prohibited on the premises of all indoor medical marijuana growing facilities. The term PREMISES as used in this subsection (d)(15) includes the actual indoor medical marijuana growing building, as well as any accessory structures and parking areas. The indoor medical marijuana growing facility building entrance shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming marijuana or alcohol on the premises or in the vicinity of the facility is prohibited.

      (16)   Signage for all indoor medical marijuana growing facilities shall be limited to name of business only, shall be in compliance with the township’s sign code, and shall contain no advertising of any companies, brands, products, goods or services. Signage shall not include any drug-related symbols.

      (17)   Alcoholic beverages shall not be sold, stored, distributed or consumed on the premises.

      (18)   The building in which any indoor medical marijuana growing facility is located, as well as the operations as conducted therein, shall fully comply with all applicable rules, regulations and laws including, but not limited to, zoning and building codes, the township’s business license ordinances, the Revenue and Taxation Code, being 72 P.S. §§ 7101 et seq., the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. and the MMA. Compliance with all requirements of state law pertaining to indoor marijuana growing is also required.

      (19)   Indoor medical marijuana growing facilities shall not distribute, sell, dispense or administer marijuana from the facility to the public. Indoor medical marijuana growing facilities shall not be operated as medical marijuana dispensaries.

      (20)   The operators of all indoor medical marijuana growing facilities shall provide the Township Manager or the Township Manager’s designee with the name, phone number, facsimile number and email address of an on-site representative to whom the township and the public can provide notice if there are any operational problems associated with the indoor medical marijuana growing facility. All indoor medical marijuana growing facilities shall make every good faith effort to encourage residents and the public to call this representative to resolve any operational problems before any calls or complaints are made to the township or law enforcement.

      (21)   All indoor medical marijuana growing facilities shall be operated in accordance with the conditions of approval associated with the applicable CUP for the parcel of real property upon which the indoor medical marijuana growing activities occur.

      (22)   All indoor medical marijuana growing facilities shall have a security plan including the following measures.

         A.   Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 120 concurrent hours of digitally recorded documentation in a format approved by the Township Manager or the Township Manager’s designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, growing areas, all doors and windows and any other areas as determined by the Township Manager or the Township Manager’s designee. Remote log-in information shall be provided to the Township Manager and the Chief of Police to allow them to view the security camera images and recordings from their own facilities at any time. Any disruption in security camera images shall be cured expeditiously in good faith.

         B.   The indoor medical marijuana growing facility shall be alarmed with an alarm system that is operated and monitored by a reputable security company.

         C.   Entrance to the growing area, and all storage areas, shall be locked at all times, and under the control the indoor medical marijuana growing facility’s staff.

         D.   The entrances and all window areas shall be illuminated during evening hours. The facility shall comply with the township’s lighting standards regarding fixture type, wattage, illumination levels, shielding and the like and shall secure the necessary lighting approvals and permits as needed.

         E.   All windows on the building that houses the indoor medical marijuana growing facility shall be appropriately secured and all marijuana securely stored.

      (23)   Recordings made by the security cameras shall be made available to the Township Manager, the Township Manager’s designee or law enforcement upon verbal request, no search warrant or subpoena shall be needed to view the recorded materials.

      (24)   The Township BCO shall have the right to conduct an annual inspection of the facility to observe and enforce compliance with this section and all laws of the township and the state.

   (e)   Conditional use permit.

      (1)   All parcels of real property in the LI District upon which indoor medical marijuana growing activities may occur must obtain a CUP from the township for all such activities.

      (2)   An application for a CUP shall include at least the following information:

         A.   An estimate of the size of the proposed indoor medical marijuana growing facility;

         B.   The address of the location for which the CUP is sought;

         C.   A site plan and floor plan for the proposed premises denoting the use of all areas on the premises, including storage, growing areas, lighting, signage and the like;

         D.   A proposed security plan in compliance with the MMA;

         E.   The name and address of the owner and lessor of the real property upon which the indoor medical marijuana growing activity is proposed to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgment from the owner of the property that an indoor medical marijuana growing facility will be operated on the property; and

         F.   Evidence that the indoor medical marijuana growing facility will be located in a legal structure that is compliant with MMA.

   (f)   Enforcement.

      (1)   Any marijuana growing within the township in violation of this section is hereby declared to be unlawful and a public nuisance.

      (2)   Any party who engages in a violation of this section, or who owns, possess, controls or has charge of any parcel of real property in the township upon which a violation of the section is maintained, shall be subject to the penalties and remedies provided by this section.

      (3)   Any violation of this section shall constitute a separate offense for each and every day the violation occurs or persists.

      (4)   Any person in violation of any provision of this section shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and up to six months imprisonment per offense.

      (5)   Any person in violation of any provision of this section shall be punishable by an administrative fine of up to a $1,000 per offense.

   (g)   Medical marijuana sales/dispensary conditionally permitted. A medical marijuana dispensary facility is conditionally permitted in the township in the Commercial District only.

      (1)   A medical marijuana dispensary facility shall have a single secure public entrance and shall implement appropriate security measures in accordance with policies of the Department of Health of the commonwealth to deter and prevent unauthorized entrance to areas containing medical marijuana.

      (2)   A dispensary facility shall not be located within 1,000 feet of the boundary of any public, private and parochial school and day care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the dispensary is located, to the closest property line of the protected use.

      (3)   A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary facility, measured along a straight line between the closest walls of each of the two facilities.

(Ord. 962, passed 2-8-2017; Ord. 972, passed 9-20-2017)

   (a)   Any food establishment, which is otherwise operating as a licensed, permitted restaurant, intending to provide seasonal outdoor cafe dining table service shall be subject to the following regulations:

      (1)   Issuance of a seasonal outdoor dining permit from the Aston Township Code Enforcement Office.

      (2)   No outdoor food preparation or storage, busing station or open outdoor trash receptacle shall be permitted.

      (3)   The dining area shall not obstruct the use of any egress door or aisle, access lane or standpipe.

      (4)   Outdoor dining is permitted between the hours of 7:00 a.m. and 11:00 p.m., except where the restaurant adjoins a residential use, in which case outdoor dining is permitted between the hours of 7:00 a.m. and 9:00 p.m. All tables of food, beverages and customers shall be cleared on or before 12:00 midnight.

      (5)   Outdoor sound amplification systems are prohibited.

      (6)   Alcoholic beverage service, properly licensed by the Commonwealth of Pennsylvania, is permitted only in conjunction with the service of food.

      (7)   No service of food or beverages is permitted to unseated patrons.

      (8)   Outdoor dining is permitted from April 1 to October 31 only.

      (9)   Portable heating devices with an open flame are prohibited, unless approved by the Fire Marshal.

      (10)   The applicant shall maintain the restaurant-cafe in accordance with all township ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the township which pertain to this use of restaurant-cafes.

   (b)   Applications for a seasonal outdoor cafe dining permit must be filed with the Aston Township Code Enforcement Office to secure a permit. A fee of $50 for one year or $75 for two years must be paid with the filing of the application. Such fee can be amended in the future by resolution of Township Commissioners. Such application shall be made upon forms provided by the township and shall include the following:

      (1)   Name and address of applicant;

      (2)   Width of existing public right-of-way sidewalk intended to be used immediately adjacent to property;

      (3)   Proof of proper licenses for food establishment;

      (4)   Dimensions of the area of sidewalk or designated area in which outdoor cafe dining is proposed;

      (5)   Diagram to scale of actual intended equipment, tables and chairs for space on sidewalk and proposed occupant load;

      (6)   The written consent of the property owner;

      (7)   Certificate of insurance demonstrating coverage for intended outdoor dining use;

      (8)   Indoor seating capacity of food establishment;

      (9)   No action shall be taken on any application for a permit under this division until the application has been completed in its entirety and the application fee, has been paid in full. The schedule of fees shall be kept on file at the Township Office. There shall be no prorating of fees under this division; and

      (10)   The applicant agrees to indemnify, defend and keep harmless the Township of Aston, its officers, employees and agents from and against any and all actions, suits, demands, payments, costs and charges for and by reason of the existence of the restaurant-cafe and all damages to persons or property resulting from or in any manner caused by the presence, location, use, operation, installation, maintenance, replacement or removal of such restaurant-cafe or by the acts or omissions of the employees or agents of the applicant in connection with such restaurant-cafe.

   (c)   The applicant shall remove the outdoor portion of the restaurant-cafe within 30 days after written notice if the township or the Code Enforcement Officer determines that the restaurant-cafe is detrimental to the health, safety and general welfare of the township or its citizens.

      (1)   Due to pedestrian traffic changes, the restaurant-cafe narrows the sidewalk to the extent that pedestrian traffic is impeded;

      (2)   The restaurant-cafe interferes with the maintenance or installation of an underground utility structure;

      (3)   The restaurant-cafe is no longer being used as such;

      (4)   The restaurant-cafe has been temporarily or permanently closed for violation of any township, state or federal law and/or regulation; or

      (5)   The restaurant-cafe is operated in violation of any ordinance, rule or regulation of the Township of Aston.

   (d)   In the event that the applicant fails to remove the restaurant-cafe within 30 days after written notice, the township may proceed to remove and restore the area and charge the applicant for the cost thereof. Should the restaurant-cafe be removed by the township, the applicant shall be entitled to a return of the equipment, furnishings or appurtenances so removed only after the payment of all costs due to the township and by requesting the return in writing. The responsibility for removal under the provisions of this division shall be the sole responsibility of the applicant without any obligation or cost assessed against the township.

   (e)   The township may, from time to time, promulgate whatever rules or regulations it deems necessary or desirable to effectuate the purposes of this division, and the same shall be approved by the Township Commissioners by way of resolution.

(Ord. 1017, passed 9-15-2021)

      (1)   In addition to the standards set forth in § 1290.02 of the Codified Ordinances of Aston Township, the Board of Commissioners shall consider the following aspects of a conditional use application when considering requests:

         A. The proposed location of the proposed structure with regard to:

            1.   Neighboring properties;

            2.   The primary use of the lot upon which the structure is proposed;

            3.   Geological, topographical and botanical features and the potential effect of the structure thereupon; and

            4.   The visual impact of the structure from neighboring roadways.

         B.   The degree to which the application is consistent with the purpose set forth at § 1292.30(a) above.

         C.   The anticipated effectiveness of the structure to abate noise impact upon affected properties.

      (2)   Prior to conditional use approval, the applicant shall provide evidence that:

         A.   That the location of the proposed structure is the most advantageous considering:

            1.   The abatement of noise affecting neighboring properties;

            2.   Visual impact from neighboring properties and adjacent roadways;

            3.   The primary use of the lot upon which the structure is proposed;

            4.   Geological, topographical and botanical features.

         B.   The proposed abatement solution is of the minimum size and scope necessary to effectively abate the noise impact upon neighboring properties.

         C.   Applicants consideration of landscaping or other techniques to minimize the visual impact of the proposed solution, evidenced by such data or studies as the Township Engineer may request during the application process.

      (1)   A site plan indicating existing grades and proposed grades within the area of the proposed use;

      (2)   A landscape plan indicating both pre- and post-construction:

         A.   Paved areas;

         B.   Stormwater drainage facilities;

         C.   Retaining walls;

         D.   Proposed tree removal and replacement;

         E.   Ground cover and shrubbery locations.

      (3)   Architectural plans and elevations of the exterior and any foundation of the proposed structure;

      (4)   A statement and acoustical engineering study of pre- and anticipated post-construction noise levels.

(Ord. 1031, passed 6-21-2023)