Bethel Township, PA Zoning Ordinance

Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment.

The regulations governing existing nonconforming uses are set forth in this article and are intended to provide a gradual remedy for the incompatibilities resulting from such nonconforming uses. While such uses are generally permitted to continue, these regulations are designed to restrict further investment in such uses, thereby keeping them from becoming more permanent establishments in inappropriate locations.

These regulations are thus designed to preserve the character of the districts established in this Zoning Code in light of their peculiar suitability to particular uses, and thus to promote and protect health, safety and general welfare.

Continuation of lawful nonconforming condition or use.

Any lawful nonconforming condition or use of a building or lot existing at the effective date of this chapter or any subsequent amendment hereto or authorized by a building permit issued prior to the adoption of this chapter may be continued, although such condition or use does not conform to the provisions of this chapter, if all other requirements governing the condition or use are complied with, and subject to the provisions of Subsection G of this section.

Any lawful nonconforming condition or use of a building or lot existing at the effective date of this chapter or any subsequent amendment hereto or authorized by a building permit issued prior to the adoption of this chapter may be continued, although such condition of use does not conform to the provisions of this chapter, if all other requirements governing the condition or use are complied with.

Extension or alteration.

Nonconforming uses. A nonconforming use of a building or lot may be extended or enlarged either within an existing building or by an addition to it on the same lot, provided that:

Such extension shall be permitted only by special exception.

The extension conforms to all district regulations for buildings and lots.

(c)

The part of the building into which the use is to be extended has been manifestly arranged or designed for such use at the time such use became nonconforming.

(d)

The part of the lot into which the use is to be extended was reasonably held for future inclusion in such use at the time such use became nonconforming.

Nonconforming lots.

A building may be erected or extended on any lot or contiguous lots held at the effective date of this chapter or any amendment thereto in single and separate ownership, which lot is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which such lot is situated, provided that the building shall comply with the front, side and rear yard requirements of the district in which such lot is situated, unless otherwise authorized as a special exception by the Zoning Hearing Board, and in any case where Zoning Hearing Board review is required, the building shall comply with the yard requirements of the district to the maximum extent practicable.

When two or more nonconforming lots with contiguous frontage are in single ownership, the Zoning Officer shall consider them a single piece of land, and use of it, or any portion of it, shall be in accordance with this chapter then in existence or receive approval from the Bethel Township Zoning Hearing Board.

A nonconforming lot which is one of a group of lots in a plan of subdivision recorded in the Office of the Recorder of Deeds, Delaware County and approved by the Township Supervisors in accordance with Chapter 395, Subdivision and Land Development, of the Code of the Township of Bethel, as amended, and the regulations adopted thereunder, may be used for a permitted use in the district in which it is located, provided:

The square foot area is not less than 40% of the area required at the time a permit is requested and issued.

The streets and other improvements as indicated in said plan and in the subdivision agreement with the Township have been completed and approved by the Township, whether or not said improvements have been accepted in dedication by the Township.

Nonconforming buildings.

If use is conforming:

Nonconforming structures may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter.

If a nonconforming structure is moved wholly or partially within or off of the lot, the part moved must conform to the regulations of the district where it is moved.

If use is nonconforming:

The extension or alteration in the structure must meet the requirement for the extension or alteration of a nonconforming use, as given in Subsection C(1)(a) through (d) of this section.

Restoration.

A nonconforming structure that has been damaged by fire, wind, storm, lightning or a similar cause may be rebuilt if certain qualifications listed below are met; if the procedure listed below is followed; and if the criteria listed below are conformed to.

Qualifications.

The cause of destruction or damage is beyond the owner's control at the time of destruction or damage.

[2]

Use may or may not be conforming.

[3]

Damage in terms of replacement cost is 60% or less of the replacement cost of the entire structure before damage.

Procedure to be followed in order to apply for restoration permission.

Plans for rebuilding shall be handled as provided for in the case of new construction, but before granting a building permit, permission to rebuild must be sought from the Board of Supervisors and Zoning Hearing Board.

Criteria to be followed.

If use is nonconforming, the reconstructed building cannot exceed the height, area and volume of the building destroyed. If the use is conforming, the reconstructed building may be built to any height, area or volume, provided that Township ordinances and codes are observed.

Abandonment or discontinuance.

If a nonconforming lot or building is abandoned and not used for a continuous period of one year or more, subsequent use of such lot or building shall be in conformity with the then provisions of this chapter governing the district in which the lot or building is located.

Abandonment of regulations shall not apply to agricultural uses.

All nonconforming junk storage areas, storage areas and similar nonconforming use of open land, when discontinued for a period of 90 days, shall not be continued, repaired or reconstructed.

Abandonment of signs is covered in § 480-112F.

Displacement. No nonconforming use shall be extended to displace a conforming use.

Applicability to approved nonconforming plans. Nothing contained in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit was issued more than 30 days prior to the adoption of this chapter or change in zoning district and the construction of which is begun within three months after such adoption of change and diligently carried on. The approved plans shall not be altered in any way to increase the nonconformity.

Violations. A nonconforming building altered or erected or a nonconforming use created in violation of any previous provision shall be regarded as continuing in such violation and shall not enjoy the privilege of legal continuance conferred by this article upon other nonconforming buildings and uses.

Repairs and maintenance.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 10% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Nonconforming signs. Nonconforming signs are covered in §§ 480-112E and 480-119.

§ 480-133 Reduction of lot area.

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.

§ 480-134 Modification of front yard requirements.

Where an unimproved lot of record is situated on the same street frontage with two or more improved lots or one unimproved and one improved lot, the front yard requirements for the district may be modified so that the front yard shall be an average of the existing and required front yard.

§ 480-135 Obstruction to vision at intersection.

Clear sight triangles of 75 feet measured along street right-of-way lines from their points of junction shall be provided at all intersections. Within the sight triangle, no wall, fence, or other structure shall be erected, altered, or maintained, and no hedge, tree, shrub, or other growth shall be planted or maintained which shall interfere with a free and unobstructed view down and across lands within sight triangle. Nothing shall be higher than 36 inches.

§ 480-136 Accessory uses.

The area of the accessory building must be included within the maximum building coverage permitted within the specific zoning district. Accessory uses authorized in this chapter may include the following:

Uses accessory to agriculture. Noncommercial greenhouses; barn; keeping, breeding, and management of livestock and poultry but in such quantities and to such extent as are customarily incidental to the principal use; preparation of products on premises for use and the disposal thereof by marketing or otherwise. Roadside stands for the sale of products produced on the premises on which the stand for the sale of products is located shall be permitted upon the following conditions:

The locations shall not be within the boundaries of any street;

The location shall not be nearer than 60 feet of any intersection;

Parking for stopping vehicles shall be provided off the paved portion of the street of a sufficient width so as not to interfere with the safety of persons stopping or using the street parking nearer than 30 feet of an intersection shall not be permitted; and

One stand not exceeding 400 square feet and one story high is permissible as an accessory use.

The stand shall be of a construction approved by the Zoning Officer. It may be permitted to remain until a renewed permit is secured for a following year.

Uses accessory to dwellings:

Private garage, private parking space.

Swimming pool, tennis courts for use of family and guests only.

Private greenhouse and storage buildings for garden tools.

Stables; barn; shelter for pets, gazebos and applicable in residential districts;

Living quarters for household employees, caretakers, or watchmen.

Uses authorized in this chapter as necessary to a dwelling shall not be deemed to include a hospital, clinic, barbershop, beauty parlor, mortuary, other personal service shop, tearoom, hotel or any other similar use.

The renting of rooms within the same dwelling in which the lessor resides, or in a building accessory thereto for not more than four nontransient persons, with or without the provisions of table board for such persons by special exception.

Offices of physician, dentist, minister, lawyer, teachers tutoring a maximum of three students at one time, accountant and other similar type uses, provided that such offices may only be situated in the dwelling of such practitioner, and shall be regularly employed therein, and no colleagues or associates shall use such office. Approval for these accessory uses must be granted by special exception of the Zoning Hearing Board.

Accessory use of utility. The placing of a public telephone booth shall be permitted in any district upon the following conditions:

The location shall be approved in writing by the owner of the land;

The location shall not be in the right-of-way of any street;

The location shall be approved by the Chief of Police of the Township;

A permit is obtained from the Building Inspector; and

A permit fee of $50 for each location is paid.[1]

Editor's Note: Pursuant to Ord. No. 208, adopted 10-14-2014, fees established by ordinance can be amended from time to time by resolution of the Board of Supervisors. The current fees are on file in the Township offices.

Detached garages or barn. The detached private garages or barns erected on any lot must be at least 20 feet from the rear of the dwelling and shall not be less than 30 feet from the rear property line and shall not be less than 10 feet from the side property line. No detached garage or barn shall exceed eight 860 square feet in total area. The height of any residential garage or barn, regardless of the zoning district, shall not exceed 16 feet in total height (top of peak), with a roof having a pitch of three inches or more to the foot, or 12 feet total height with a pitch of less than three inches to the foot measured from the ground level.

Attached garage. Attached private garages, which are connected to any dwelling, with or without a breezeway, shall be considered a part of the dwelling for the purpose of measuring any required open spaces. All such attached garages shall be constructed in accordance with the building code.

Accessory building. No minor accessory building, such as lawn shed, storage shed, garden shed or greenhouse shall exceed 200 square feet in floor area. No such building shall exceed a total height of 12 feet. Minimum setback shall comply with Article XIX, § 480-137. All accessory buildings must be behind the dwelling or main building. Multiple accessory structures are permitted on one lot subject to § 480-136G.

Number of accessory buildings. In addition to the above, the maximum number of accessory buildings on one lot may not exceed the following:

Lots containing less than 30,000 square feet: one accessory building.

Lots containing 30,000 square feet to 65,340 square feet (1.5 acres): two accessory buildings.

Lots containing over 65,340 square feet (1.5 acres) to 217,800 square feet (5.0 acres): three accessory structures with a minimum separation distance of 50 feet required between the third accessory building and any other building.

Lots containing over 217,800 square feet (5.0 acres): five accessory structures with a minimum separation distance of 50 feet required between the third through fifth accessory buildings and any other buildings.

Accessory uses. Tennis court (with lighting is special exception).

§ 480-137 Minimum setback of accessory uses.

An accessory building may be erected within one side yard, provided that the side and rear yards are not less than seven feet each. All accessory buildings must be behind the dwelling or main building. An accessory building may be erected in conjunction with an accessory building on an adjacent property when separated by a masonry wall free of any opening and constructed on the common lot line, provided written consent of the Zoning Officer must be attached to and remain a part of the application for a building permit for the accessory building.

§ 480-138 Conversions.

The Zoning Hearing Board may allow, as a special exception, the conversion of a single-family detached dwelling into a dwelling for a greater number of families, subject to the following requirements:

Petition in favor of such exception shall be filed with the Zoning Hearing Board, signed by the owners of 60% or more of the frontage in the same street within 500 feet of the designated lot.

Each dwelling unit shall not have less than 750 square feet of floor area.

The lot area per family is not reduced thereby to an amount less than 75% of that required by this chapter for the district in which the designated lot is located.

The building must conform to the yard and building area requirements for the district in which the building is located.

There is no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways, shall, where practicable, be located on the rear of the building.

The Zoning Hearing Board shall specify the maximum number of the families permitted to occupy such buildings and may prescribe such further conditions and restrictions, as the Board may consider appropriate and reasonable.

Off-street parking requirements of this chapter must be met.

The conversion shall be authorized only for a dwelling with relatively little economic usefulness as a conforming use.

All conversions in this section shall be served by public water and public sewer.

All conversions in this section must have PA Department of Labor and Industry approval and conform to local building codes for two or more dwelling units.

§ 480-139 Provision and use of water.

General.

All water requirements shall be stated in application.

No permit for construction, building or use of building and/or land shall be issued until satisfactory proof of the availability and supply of water is furnished to the Zoning Officer or Code Enforcement Office.

No wells may be dug or drilled on the premises except by permit.

Where available, all potable water services shall be supplied by water distribution companies operating and supervised as municipal or public utilities by virtue of the laws of the Commonwealth of Pennsylvania and the ordinances of the Township.

Commercial and industrial.

Water required on the premises for commercial or manufacturing purposes, including air conditioning, shall be supplied by water distribution companies, unless the water distribution companies are not available, and provided a permit is granted by the Township.

Where surface or groundwater sources are existing and available, or can be developed on the premises without impairment to similar services on adjacent or near property, or to public water supplies, they may be used for air conditioning with water recirculation upon special exception granted by the Zoning Hearing Board.

§ 480-140 Ground development.

The following regulations shall apply where multifamily development is planned, Commercial Districts C-1 and C-2, Industrial Districts LI-1 and LI-2 and in any case where group apartment development or more than one building or use is permitted on a lot.

The proposed development shall be constructed in accordance with an overall plan and shall be designed as, or as part of single architectural and landscaping scheme. All buildings on a lot shall be arranged in a group of buildings, and a group of buildings as a unit shall comply with the area and yard regulations of the district.

The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open space, parking, utility, and maintenance facilities.

The distance at the closest point between any two buildings or groups of attached buildings shall be not less than 30 feet, except in Limited Industrial Districts, where the distance shall be not less than 60 feet. In no case shall the minimum distance between buildings be less than the average height of adjoining buildings.

All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground, and electric transformers shall be installed underground or within the walls of a completely enclosed building.

§ 480-141 Floodlighting.

Floodlighting in all districts shall be diffused or shielded in such a manner as not to create any hazardous situation for passing vehicular traffic or a nuisance to persons residing in the area.

§ 480-142 Corner lots.

In all districts, corner lots have no rear yards, but have two front yards and two side yards.

§ 480-143 Retaining walls.

Retaining walls must be set back from any property line a distance equal to the height of the wall. All walls, which exceed four feet in height, must be designed by a registered engineer. All retaining walls shall require a permit.

§ 480-144 Construction in public easements and public rights-of-way.

No permanent construction of garages or accessory structures, fences, walls, or signs shall be permitted in public easements and/or public rights-of-way.

§ 480-145 Private swimming pools.

Definitions. Unless otherwise expressly stated, the following words shall, for the purpose of this section, have the meaning herein indicated.

FENCE

An enclosure. Such enclosure shall be at least four feet in height, constructed of masonry, wood, or metal, with apertures no larger than three inches, equipped with a self-closing gate and complete with a key-operated lock.

FRONT YARD

The area of a lot lying between the street and the dwelling extending across the full width of the lot, and, in the case of a corner lot, extending the full depth of the lot.

PRIVATE SWIMMING POOL

Any body of water, tank, pond, or other receptacle for water containment, whether artificially or semi-artificially constructed, or portable, having a depth at any point 18 inches or over, or containing over 750 gallons of water; used, or intended to be used, for swimming or bathing by the owner, his family, his tenants and guests of the residents, and constructed, installed, established or maintained in or outside of any building, in or above the ground, on any premises as an accessory use to the residence. Any pools less than 18 inches in depth or with a capacity less than 750 gallons of water are excluded herefrom.

Permits. It shall be unlawful for any person to construct, install, establish or maintain, or alter, remodel or reconstruct a private swimming pool, as herein defined, without having obtained a permit therefor in the manner as prescribed. Applications for permits shall be submitted to the Township Code Enforcement Office, together with a set of plans and specifications setting forth the details, area and depth of the proposed construction, alteration or remodeling, in all of its parts, together with a plot plan showing the location of the pool on the lot, the location of buildings on the lot, the fencing, existing and planned, and the height and aperture dimensions thereof, and all open spaces required by this chapter, drawn to scale and dimensions. Applications shall be made on forms supplied by the Building Inspector.

Permit fees. A fee of $5 per each $1,000 or fraction thereof cost of alteration or remodeling new construction $0.01 per gallon will be required.[1]

Approval of plot plans and specifications. The Building Inspector and Zoning Officer shall make such determinations of the plans and specifications submitted to assure the compliance with all requirements of this section, the Building[2] and Plumbing Codes, and this chapter. The Building Inspector shall determine the method and manner of emptying all pools, but no swimming pool of any type can be emptied into, or be connected to a sanitary sewer system.

[2]

Editor's Note: See Ch. 155, Construction Codes, Uniform.

Construction and maintenance. All private swimming pools shall be constructed of materials so that they shall be waterproof and easily cleaned. Construction and design shall be such that they may be maintained and operated as to be clean and sanitary at all times. The owner of every private swimming pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing onto adjacent property. Footings shall be provided if required by Township Building Inspector.

Water supply. There shall be no physical connection between a portable public or private water supply system and private swimming pools at a point below the maximum waterline of the pool or to a recirculating or heating system of said pool.

Location. No private swimming pool shall be constructed nearer than 15 feet to a property line, nor 10 feet from the rear of the house, nor shall it be constructed or placed in the front yard of such property. Accessory buildings such as locker rooms, bath houses, cabanas, shower rooms, toilets, and other physical facilities or equipment incident to the operation of any private swimming pool shall conform to the requirements of the Bethel Township Building and Plumbing Codes and this chapter.

Fencing. Every private swimming pool shall be completely surrounded by a fence, as described in Subsection A of this section. Every person maintaining a private swimming pool shall keep the gate closed and locked at all times when said pool is not in use by the person maintaining the same, his family or his guests. Within 30 days after the effective date of this chapter, any person maintaining a private swimming pool within the limits of Bethel Township which has been constructed prior thereto shall erect a fence surrounding said pool.

Lighting. No artificial lighting shall be maintained or operated in connection with private swimming pools, in such a manner as to be a nuisance or an annoyance to neighboring properties.

Vacant properties. All private swimming pools shall be drained and maintained free of water during the period that the property is vacant, and the required fence shall at all times be secured and kept in proper repair by the owner.

Enforcement. Every private swimming pool constructed, installed, established or maintained or to be constructed, installed, established or maintained in the Township of Bethel shall at all times comply with the requirements of Bethel Township ordinances and Building Codes. Any nuisance or hazard to health which may exist or develop in, or in consequence of, or in connection with, any such private swimming pool shall be abated and removed by the owner, lessee or occupant of the premises on which said pool is located within 10 days of receipt of notice from the Building Inspector, Code Enforcement Officer, Zoning Officer or the Health Officer of the Township of Bethel. It shall be the duty of the Code Enforcement Officer, Zoning Officer and the Health Inspector, respectively, to enforce the provisions of this chapter. The Building Inspector and/or Health Officer or any of their assistants or deputies shall have the right to enter any premises or any building or other structure for the performance of their duties to ascertain compliance with this chapter.

Appeals. Whenever the owner of any private swimming pool about to be, or in the course of being erected or altered, takes exception to the decision of the Building Inspector, Code Enforcement Officer or Zoning Officer in refusing to approve the issuance of a permit, or in refusing to approve the manner of construction, or the kinds of materials to be used in the construction or alteration, or to his decision as to its safety or its compliance with the provisions of this chapter, such owners, their duly authorized attorney, or agent, may, within 10 days after such decision, take an appeal there from to the Committee on Building Regulations of the Township Supervisors or the Zoning Hearing Board, whichever is applicable. Such appeal shall be in writing, shall state the decision of the Building Inspector, Code Enforcement Officer or Zoning Officer and the reasons for the exception taken thereto, shall be verified by affidavit, and shall be filed with the Township Secretary. The person appealing shall have the right to appear and to be heard, within 15 days from the filing of the appeal, if he states his desire so to do in his written appeal. A prompt decision of such appeal shall be made by the Committee on Building Regulations or Board of Supervisors within 15 days, or if applicable, by the Zoning Hearing Board, within the time frame established by law and shall be duly recorded, and the decision shall be final.[3]

[3]

Editor's Note: Subsection M, Violations, which followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 480-146 Fencing.

Privacy fencing:

Definitions. As used in this section, the following terms shall have the meanings indicated:

PRIVACY FENCE

Any fence or wall constructed in excess of four feet in height designed to shield the owner's property from view, constructed of wood, steel, masonry, aluminum or plastic and cyclone fences with plastic inserts.

Regulations. No privacy fence shall exceed six feet in height measured from the ground level to the extreme top.

Location. Privacy fences may be erected along the rear property line and the side property line. However, no privacy fence shall be erected past the front building line or front yard setback line, whichever is greater.

Corner lots. Corner lots have no rear yards, but have two front yards and two side yards, regardless of which street the building faces.

Materials. All privacy fences shall be constructed of like materials of sufficient strength to prevent said fence from leaning over or encroaching on surrounding property. The face side of said fence shall face the adjoining property. If a masonry wall is used, said wall must be finished in a workmanlike manner. Concrete block walls shall be properly coped and coated with two coats of stucco.

Maintenance. All privacy fences shall be maintained in a safe condition. All parts broken or missing shall be promptly replaced. Any fence deemed unsafe by the Building Inspector shall be, upon due notice in writing, removed or replaced immediately.

Exceptions.

A fence having a minimum of 50% clear visual opening for each square foot shall not be governed by this chapter as it pertains to privacy fencing.

Open-wire fencing shall not be governed by this chapter as it pertains to privacy fencing.

Permits. No privacy fence shall be erected until a permit for the construction of the same has been obtained from the Building Inspector and Zoning Officer, and the required permit fee paid. The provisions of this section shall not apply to existing fences.

Fencing:

Definitions. As used in this section, the following terms shall have the meanings indicated:

FENCE

A structure erected to enclose, either partially or fully, a specific area and act as a barrier.

Regulations. No fence shall exceed four feet in height measured from the ground level to the extreme top.

Location. Fences may be erected along the rear property line and the side property line. However, no fence shall be erected past the front building line or front yard setback line, whichever is greater.

Corner lots. Corner lots have no rear yards, but have two front yards and two side yards, regardless of which street the building faces.

Materials. All fences shall be constructed of like materials of sufficient strength to prevent said fence from leaning over or encroaching on surrounding property. The face side of said fence shall face the adjoining property. If a masonry wall is used, said wall must be finished in a workmanlike manner. Concrete block walls shall be properly coped and coated with two coats of stucco.

Maintenance. All fences shall be maintained in a safe condition. All parts broken or missing shall be promptly replaced. Any fence deemed unsafe by the Building Inspector shall, upon due notice in writing, be removed or replaced immediately.[1]

Editor's Note: Subsection C, Penalties, which followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 480-147 Home occupations.

Home occupations with employees shall be permitted as special exception in the R-1 and R-3 Zoning Districts as outlined in § 480-24E.

The occupation (or profession) shall be conducted entirely within the dwelling and shall be clearly incidental and secondary to the residential use of the dwelling.

Only one occupation per dwelling shall be permitted.

Not more than 25% of the gross floor area of the dwelling, including accessory structures, shall be used for the home occupation. Areas used for storage shall be included in this calculation.

No external alterations inconsistent with the residential use shall be permitted.

There shall be no display of materials or products visible from outside the dwelling.

No noise, vibration, smoke, glare or any other impact shall be noticeable at or beyond the property line.

There shall be no outdoor storage of equipment, materials or supplies.

Deliveries may not be made more than one per day and shall not restrict traffic circulation.

§ 480-148 Windmills for residential wind energy generation.

[Added 6-9-2009 by Ord. No. 188]

Windmills for residential wind energy generation shall only be permitted by conditional use approval of the Board of Supervisors in accordance with this section. It shall be the applicant's burden to demonstrate satisfaction of all conditional use and other requirements.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Except as otherwise provided in this chapter, windmills shall be considered accessory structures and the generation of energy as an accessory use only in residential districts and only in accordance with this section. Power generated by a windmill under this section shall not exceed 10 KW. There shall be no commercial use of the windmills for the generation of energy, except for that energy generated in excess of the requirements of the property and purchased by a public utility in accordance with the law or other government regulations.

Wind energy generation shall be limited to one windmill per lot or tract of land.

The applicant shall demonstrate that the proposed site has sufficient wind for the continued and proper operation of the windmill and that the location and windmill will jointly comply with the manufacturer's listed specifications for efficient use.

The maximum height of any windmill, measured from the average approved finished grade at the perimeter of the windmill foundation to the highest vertical point of a blade at its maximum vertical position, shall not exceed 35 feet.

No windmill shall be placed in a front yard.

Only single-pole (monopole) windmill structures shall be permitted. A windmill pole shall be self-supporting upon its foundation (i.e., no guy wires). Roof-mounted windmills are not permitted.

Setbacks.

No windmill shall be placed closer to a property line, occupied structure, utility, utility line, structure or fuel source than the distance measured by its height plus 25% of its height (measured in feet).

No windmill shall be placed closer to an occupied structure located on the same site than the distance measured by its height plus 50% of its height (measured in feet).

No windmill shall be placed closer to an occupied structure, located on an adjacent property, than the distance measured by its height plus 300% of its height (measured in feet).

No windmill blade at its lowest point shall be closer to the surface of the ground than 15 feet.

The design color and other visual features of the windmill shall be designed and installed in such a manner so as to create the least visual impact practicable. The applicant shall demonstrate compliance with this section by, among other things, providing photographic perspectives of the proposed site from all sides of the property, adjacent roadways and neighboring properties (with permission of the owners).

The proposed location and operation of the windmill shall be demonstrated not to interfere with any broadcast, radio, wireless or other telecommunication signals or facilities. This shall be established by a report from a radio frequency engineer. In all cases, the location of a windmill shall be clear of and shall not interfere with any existing, trees, structures, wires and the like.

All utilities, lines, cables, wires and other connections to or from the windmill and any other structure associated with the windmill shall be at or below grade, except as otherwise permitted by the Board of Supervisors.

Noise emitted from the operation of the windmill shall be in accordance with Article XX, § 480-152, which is the Township's current Noise Ordinance, or any future amendments.

Windmills shall not be lighted except as otherwise required by law. The FAA will determine lighting requirements for the windmill and the information provided with the conditional use application.

There shall be no television, radio, communication antennas, advertising or other items or material affixed to or otherwise placed on the windmill, except those required for safety or otherwise permitted by the Township.

Access to a windmill shall not be provided any lower than 15 feet at the highest point of the windmill base. Other proposed means of access and/or the limitation thereof and security therefore must be approved by the Board of Supervisors as part of the conditional use process.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers, substations and monopoles. Each sign shall also contain the name and address of the property owner.

A site plan shall be prepared and certified by a registered professional engineer or licensed surveyor and submitted with and as part of any conditional use application. Applications submitted without a site plan shall be returned to the applicant as incomplete. The site plan shall contain at a minimum, in addition to the other requirements of this section, the following:

Property boundaries and identities of neighboring property owners.

Location of all man-made structures on the property, as well as all man-made structures within 200 feet of the property lines.

All wires, and overhead structures, both natural and man-made.

Soil type(s) where the foundation will be constructed.

Complete structural and construction details, including narrative descriptions, demonstrating how the foundation, support and other parts of the windmill will be constructed, installed and maintained, together with the safety features proposed to prohibit unauthorized access.

All new structures, together with any alterations to or modifications of existing structures, proposed in connection with the windmill.

The applicant shall demonstrate that should the windmill fall, it will fall within the setback prescribed by this section; otherwise, the applicant shall provide sufficient setbacks in addition to those prescribed by this section to comply with the setback area demonstrated by the applicant. In no case shall the setbacks be reduced below those prescribed by this section.

Information regarding the speed of operation and the braking mechanism(s). No windmills shall be permitted which lack an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and/or excessive pressure on the windmill or any of its component parts.

The Township may require the submission of additional information at any time prior to, during or following the conditional use hearing(s).

All conditions of any conditional use granted by the Township shall be obligations of any succeeding owners of the property. To assist with this subsection, any conditional use approval permitting a windmill shall be recorded verbatim against the property in the County Office of the Recorder of Deeds. In addition, any change in ownership of the property shall be registered with the Township as required per Chapter 285, Occupancy Permits, of the Code of the Township of Bethel.

Removal of windmills.

Any windmill which has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.

All structures enclosures accessory to the windmill shall also be completely removed from the property to a place of safe and legal disposal.

The former windmill site shall be restored to as natural condition as possible within six months of the cessation of active and continuous use.

Certifications and inspections.

National and state standards. The applicant shall show that all applicable manufacturer's latest/current adopted codes that regulate windmills in Bethel Township, Uniform Construction Code (UCC), Commonwealth of Pennsylvania and U.S. standards for the construction, operation and maintenance of the proposed windmill have been met including, without limitation, back-feed prevention and lightning grounding. Windmills shall be built, operated and maintained to be applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a windmill shall furnish evidence, over the signature of a professional engineer licensed to practice in the Commonwealth of Pennsylvania, that such windmill is in compliance with such standards.

Annual inspection report. Whenever a windmill is authorized by conditional use; an annual inspection report prepared by an independent professional engineer licensed in the Commonwealth of Pennsylvania shall be obtained by the property owner and submitted to the Township not later than 30 days following each anniversary of the date on which the Township certified the windmill ready for operation. The inspection report shall certify the structure soundness and proper operation of the windmill. The requirement to submit the annual report shall be such that it shall be required even if not specifically included in or as part of a conditional use decision.

No windmill shall commence operation until the Township has certified in writing that the conditions of this section have been satisfied and the windmill has been constructed and installed in accordance with the approved plans and specifications.

Utility notification. No windmill shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. The applicant shall provide proof to the Township that the required notice has been given to the utility company.

§ 480-149 Windmills for nonresidential wind energy generation.

[Added 6-9-2009 by Ord. No. 188]

Windmills for nonresidential wind energy generation shall only be permitted by conditional use approval of the Board of Supervisors in accordance with this section. It shall be the applicant's burden to demonstrate satisfaction of all conditional use and other requirements.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Except as otherwise provided in this chapter, windmills shall be considered accessory structures and the generation of energy as an accessory use only in nonresidential districts (including agricultural uses) or for existing nonresidential uses and only in accordance with this section. Power generated by a windmill under this section shall not exceed 20 KW. There shall be no commercial use of the windmills for the generation of energy, except for that energy generated in excess of the requirements of the property and purchased by a public utility in accordance with the law or other government regulations.

Wind energy generation shall be limited to one windmill per lot or tract of land, unless the applicant shall demonstrate that the energy provided by a single windmill is insufficient to provide energy for the tract or property. In no event shall any property contain more than three windmills.

No windmill shall be placed in a front yard.

Only single-pole (monopole) windmill structures shall be permitted. A windmill pole shall be self-supporting upon its foundation (i.e., no guy wires). Roof-mounted windmills are not permitted.

Setbacks.

No windmill shall be placed closer to a property line, utility, utility line, or fuel source than the distance measured by its height plus 25% of its height (measured in feet).

No windmill shall be placed closer to an occupied structure, located on the same site, than the distance measured by its height plus 50% of its height (measured in feet).

No windmill shall be placed closer to an occupied structure, located on an adjacent property, than the distance measured by its height plus 300% of its height (measured in feet).

No windmill blade at its lowest point shall be closer to the surface of the ground than 15 feet.

Noise emitted from the operation of the windmill shall be in accordance with Article XX, § 480-152, which is the Township's current Noise Ordinance, or any future amendments.

Windmills shall not be lighted except as otherwise required by law. The FAA will determine lighting requirements for the windmill and the information provided with the conditional use application.

Access to a windmill shall not be provided any lower than 15 feet at the highest point of the windmill base. Other proposed means of access and/or the limitation thereof and security therefor must be approved by the Board of Supervisors as part of the conditional use process.

A site plan shall be prepared and certified by a registered professional engineer or licensed surveyor and submitted with and as part of any conditional use application. Applications submitted without a site plan shall be returned to the applicant as incomplete. The site plan shall contain, at a minimum, in addition to the other requirements of this section, the following:

Property boundaries and identities of neighboring property owners.

Location of all man-made structures on the property, as well as all man-made structures within 200 feet of the property lines.

All wires, and overhead structures, both natural and man-made.

Soil type(s) where the foundation will be constructed.

All new structures, together with any alterations to or modifications of existing structures, proposed in connection with the windmill.

The Township may require the submission of additional information at any time prior to, during or following the conditional use hearing(s).

Removal of windmills.

Any windmill which has not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.

All structures enclosures accessory to the windmill shall also be completely removed from the property to a place of safe and legal disposal.

The former windmill site shall be restored to as natural condition as possible within six months of the cessation of active and continuous use.

Certifications and inspections.

National and state standards. The applicant shall show that all applicable manufacturers' latest/current adopted codes that regulate windmills in Bethel Township, Uniform Construction Code (UCC), the Commonwealth of Pennsylvania and U.S. standards for the construction, operation and maintenance of the proposed windmill have been met including, without limitation, backfeed prevention and lightning grounding. Windmills shall be built, operated and maintained to be applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a windmill shall furnish evidence, over the signature of a professional engineer licensed to practice in the Commonwealth of Pennsylvania that such windmill is in compliance with such standards.

Annual inspection report. Whenever a windmill is authorized by conditional use, an annual inspection report prepared by an independent professional engineer licensed in the Commonwealth of Pennsylvania shall be obtained by the property owner and submitted to the Township not later than 30 days following each anniversary of the date on which the Township certified the windmill ready for operation. The inspection report shall certify the structure soundness and proper operation of the windmill. The requirement to submit the annual report shall be such that it shall be required even if not specifically included in or as part of a conditional use decision.

Industrial wind energy generation and wind energy generation for commercial sale to users or customers not located on the property where the energy is generated are incompatible with the Township Comprehensive Plan, the intent of this chapter, and the general health, safety and welfare and are therefore not permitted.

§ 480-149.1 Solar energy systems.

[Added 12-21-2016 by Ord. No. 221[1]; amended 7-11-2023 by Ord. No. 239]

It is the purpose of this regulation to promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. A roof-mounted solar energy system shall be permitted in any zoning district as an accessory to a principal use herein subject to specific criteria as set forth below. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.

The installation and construction of a solar energy system shall be subject to the following development and design standards:

Roof-mounted solar energy systems are permitted on conforming lots in all commercial and light industrial zoning districts as an accessory to a principal use.

Roof-mounted solar energy systems are permitted on the principal structure on conforming single-family detached residential uses in the R-1 and R-3 zoning districts as an accessory to a principal use; provided, however, that solar energy systems shall not be permitted on "historic structures" as that term is defined in § 239-2 of the Code of Bethel Township.

A solar energy system shall be designed to provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall be neither designed nor used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the occasional sale of excess power generated from time to time to the local utility company.

A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the Township acknowledging and approving such connection.

A roof-mounted system shall only be mounted on a principal building. A roof-mounted system may not exceed the maximum principal building height specified for the building type in the underlying zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

In all cases, solar energy systems shall be set back from roof edges and from the roof ridge line a minimum of three feet to provide safe access for firefighters and other emergency responders.

Special regulations regarding flat roofs:

Solar panels shall not project more than two feet above the roof plane at its highest point on the back edge of any panel.

[2]

Any framework and/or hardware used to affix solar panels that is visible from the edge of the structure must be the same color as the roof underneath so as to minimize the visual impact of the solar energy system.

All solar energy systems shall have switchbox containing a rapid shutoff device of a design and in a location to be approved by the Bethel Township Fire Marshal.

Ground-mounted solar energy systems and/or solar farms shall be permitted as a primary use in the Tank Farm District, subject to the following development and design standards.

A ground-mounted system shall not exceed the maximum height of 12 feet.

The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

A ground-mounted system or systems attached to an accessory building shall not be located within:

Two hundred fifty feet of any roadway or abutting property line either containing or zoned for a residential use; or

One hundred feet of any abutting property line.

The minimum solar energy system setback distance from the property lines shall be 100 feet.

If a ground-mounted solar energy system is removed:

All wiring and structures supporting or incident to the system shall be removed simultaneously; and

Any earth disturbance as a result of the removal of the ground-mounted solar energy system shall simultaneously be graded and reseeded.

If a ground-mounted solar energy system has not been in operation for a period of six months or is defective or is deemed to be unsafe by the Township Code Official, the solar energy system shall be required to be repaired by the owner to meet federal, state and local safety standards or to be removed by the property owner within the time period indicated by the Township Code Official. If the owner fails to remove or repair the defective, abandoned or unsafe solar energy system, the Township may pursue legal action to have the system removed at the owner's expense.

Ground-mounted solar energy systems must provide access satisfactory to the Bethel Township Fire Marshal for emergency vehicles and equipment.

All mechanical equipment associated with and necessary for the operation of any solar energy system and/or solar farm shall comply with the following:

Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the Zoning Ordinance may be used. Exterior access doors to all electrical equipment shall be locked or fenced to prevent entry by unauthorized persons.

Mechanical equipment shall not be located within 100 feet of any abutting property line.

Mechanical equipment shall comply with the setbacks specified for primary structures in the underlying zoning district.

Solar panels and shingles shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

All power transmission lines from a ground-mounted solar energy system to any building or other structure shall be located underground.

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, flags, banners or similar materials. The manufacturer and equipment information, warning or indication of ownership shall be allowed on any equipment of the solar energy system, provided such information, warning or indication of ownership complies with the sign regulations under this chapter. A clearly visible warning sign concerning voltage must be placed at the base of each pad-mounted transformer and/or substation.

A solar energy system shall not be constructed until a building/zoning permit has been approved and issued.

The design of a solar energy system shall comply with all applicable Bethel Township ordinances and codes so as to ensure the structural integrity of such a solar energy system.

Editor's Note: This ordinance also set for conditions for applicability, including the following: (1) this ordinance applies to solar energy systems to be installed and constructed after the effective date of this ordinance; (2) solar energy systems constructed prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance; and (3) any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of Art. XIX, § 480-149.1.

§ 480-149.2 Conditional use standards.

[Added 7-11-2023 by Ord. No. 239]

In evaluating an application to the Board of Supervisors for a conditional use, the Board shall require the applicant to provide reports, maps, plans and other papers to ensure that the proposal:

Will be consistent with the community development objectives articulated in this chapter.

Will be consistent with the statement of purpose articulated for the district in which the use is proposed.

Will be consistent with the Bethel Township Comprehensive Plan, in particular, the plans for land use, community facilities and utilities.

Will conform to all requirements of Chapter 395, Subdivision and Land Development, and all other regulations and ordinances.

Will not adversely affect the health, safety, and general welfare of the surrounding area and the Township.

Will promote the harmonious and orderly development of the zoning district involved.

Will be compatible with the character and type of development existing in the area which surrounds the site in terms of the size, scale, height and bulk of the proposed uses and the size, shape and placement of buildings and other structures.

Will not detract from or cause harm to neighboring properties by creating a negative impact on the aesthetic character of the community.

(9)

Will be compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use.

(10)

Will reflect effective site planning and design in terms of energy efficiency, environmental protection, and aesthetic composition.

(11)

Will be reflective of sound engineering and land development design and construction principles, practices and techniques.

(12)

Will be consistent with the logical, efficient and cost-effective extension of public services and utilities and will not adversely affect the public services and utilities of surrounding properties of the Township as a whole in terms of public water, sewers, police and fire protection, and schools.

(13)

Will include proposals for the effective disposal of solid waste.

(14)

Will provide safe and efficient access to roads and will not create traffic congestion, hazardous traffic conditions, or excessive traffic volumes.

(15)

Will be developed so as to limit the number of access points along a major public street, and to develop frontage of buildings on access roads which are parallel or perpendicular to a major public street.

(16)

Will provide any improvements needed to guarantee compatibility with adjoining roads.

(17)

Will provide continuity of existing circulation systems, including roads, sidewalks, trails and other walkways.

(18)

Will provide adequate off-street parking and loading which will be minimally visible from adjoining public streets.

(19)

Will utilize effective stormwater management techniques and soil erosion and sedimentation control techniques which are in character with and complementary to the proposed site grading and landscaping.

(20)

Will provide for adequate environmental controls and performance standards to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions, water emissions, and outdoor storage.

(21)

Will preserve woodlands and other trees existing at the site to the maximum extent possible.

(22)

Will not be disruptive to existing topography, surface water resources and groundwater resources.

(23)

Will include proposals for effective mitigation of potential adverse environmental impacts through a satisfactory environmental impact assessment report.

(24)

Will provide landscaping to buffer and screen the use from surrounding properties, to complement buildings and other structures on the site, and to enhance the overall character of the development.

(25)

Will include proposed landscaping, in addition to that required as stated above, in areas such as the entrance, along property boundaries, in areas which are highly visible, such as along roads, walks or trails, and in other places where the use of trees, shrubs and ground cover would be functional and appropriate.

(26)

Will provide fencing, walls, berms, terraces, walkways, and other site improvement features to complement the proposed landscaping.

(27)

Will provide effective, subdued lighting using light posts and fixtures complementary to the proposed architecture and the character of the surrounding neighborhood.

(28)

Will provide adequate signage which shall be crafted to be attractive and of the highest graphic quality in keeping with the character of the surrounding properties.

In addition to the factors set forth in Subsection A above, with regard to an application for a ground-mounted solar energy system pursuant to § 480-90B(3), the Board shall require the applicant to provide reports, maps, plans and other papers to ensure that the proposal:

Will account for the removal of the system upon abandonment of its use;

Will minimize the removal of existing trees, and provide for tree replacement or a fee in lieu thereof to be placed in a dedicated account for the placement of trees elsewhere in the Township consistent with the standards set forth in § 395-45 of the Code of Bethel Township;

Will comply with Chapter 384 of the Code pertaining to stormwater management and otherwise minimize solar energy system's impact on stormwater runoff, both directly onto neighboring properties and downstream;

Will minimize the risk of fire and other hazards and be consistent with prevailing safety standards and any recommendations of the Bethel Township Fire Marshal;

Will implement landscape buffering to minimize glare and safety impact on adjacent roadways and neighboring properties. Buffer planting strips shall be 50 feet wide adjacent to residential properties and 25 feet wide adjacent to nonresidential properties. In addition to ground covers and shrubs, the buffer planting strip shall be comprised of evergreen trees which are a minimum of eight feet in height at the time of planting and shall be spaced in alternating rows on ten-foot centers. The combined evergreen trees and shrubs shall form a continuous visual buffer;

Shall not be installed on slopes greater than 10%.

The Board of Supervisors may attach such conditions and safeguards prior to, during and after construction, in addition to those already required by this chapter, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter, and to protect the public welfare, which conditions and safeguards may relate to, but are not limited to, the design of buildings, roads and parking areas, landscaping and its maintenance as a sight or sound screen, lighting, noise, safety, and the prevention of noxious, offensive or hazardous conditions.

General procedures.

In the case of an application for conditional use, once the Township deems the application administratively complete, the Planning Commission shall, pursuant to the Municipalities Planning Code, perform a review and provide counsel to the Board of Supervisors concerning the grant of approval or disapproval of the proposed use. The Planning Commission shall discuss the application during at least one of its regularly scheduled public meetings during the review period.

The Board of Supervisors shall, in the case of an application for conditional use, schedule a hearing for public review and comment. Such hearing shall commence within 60 days of the date that the Township deems the application administratively complete. The Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before it. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate considering the facts found.

The Planning Commission and Board of Supervisors shall be responsible for providing notification to the applicant, no less than 15 days prior to the occurrence of any hearing at which testimony will be heard and/or action taken upon approval or disapproval, in order that he/she may present his/her case at such hearing. The Township shall notify, no less than 15 days prior to such hearing, all abutting property owners and owners of property within 500 feet of the property in question.

Proof of proper notification is required as a precondition before any formal action is taken on the application.

Notification of the action taken by the Board of Supervisors shall be made in writing to the applicant within 24 hours of the decision. In the event of disapproval, it shall be accompanied by a statement of the reasons therefore. In the event of disapproval, the applicant may file a new application for conditional use or subdivision and/or land development for another use of the subject property or file an appeal of the decision to a court of competent jurisdiction.

In the event of approval, should the applicant fail to obtain the necessary Township approvals and permits within 12 months of notification, or, having obtained the necessary approvals and permits, fails to commence work thereunder within six additional months, it will be conclusively presumed that the applicant has waived, withdrawn, or abandoned his or her application, and all provisions, conditional use(s) and permits granted to him/her will be deemed automatically rescinded by the Board of Supervisors.