Carroll Township Perry County
City Zoning Code
City Zoning Code
ARTICLE XII
Supplemental Regulations
§ 138-93 Intended purpose.
The following regulations shall qualify or supplement the district regulations appearing elsewhere in this chapter.
§ 138-94 Use regulations.
[Amended by Ord. No. 38-A; 6-20-1995 by Ord. No. 38-B; 6-20-2000 by Ord. No. 42; 10-16-2001 by Ord. No. 44; 10-16-2001 by Ord. No. 46; 12-2-2003 by Ord. No. 51; 3-6-2012 by Ord. No. 60; 5-3-2016 by Ord. No. 72; 4-8-2025 by Ord. No. 81]
A.
Animals and poultry. In districts where permitted, operations involving the use of buildings and land for farming, nurseries and greenhouses, dog kennels, animal hospitals, stock raising, dairying and poultry shall be subject to the following safeguards and regulations:
(1)
Buildings in which animals or poultry are kept shall not hereafter be erected within 200 feet from any residential lot line with the exception that one building of less than 600 square feet that conforms to the required yard requirements of the property’s zoning district may be erected or used to house animals or poultry.
(2)
Storage of manure or odor- or dust-producing substances shall not be permitted within 200 feet from any residential lot line.
B.
Private antennas, radio and television. Radio and television antennas, including but not limited to satellite dish antennas, may be installed, erected and maintained within all zoning districts of Carroll Township, as set forth in this section. All antennas shall be subject to the following:
(1)
(2)
Development standards. All antennas shall be located, designed, constructed, treated, and maintained in accordance with the following standards:
(a)
Antennas shall be installed and maintained in compliance with this chapter.
(b)
Antennas which are roof-mounted shall not extend higher than 12 feet above the highest point of the roof section where mounted, except a single vertical pole antenna may extend to 20 feet above the peak of the roof. Roof-mounted dish antennas shall be constructed of a wire mesh material or its equivalent and shall not exceed eight feet in diameter.
(c)
No more than one ground-mounted antenna shall be permitted on each lot.
(d)
Antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property abuts a cul-de-sac or is a corner lot where the side yard is larger than the rear yard in which case the antenna may be located in any required setback area. No portion of an antenna array shall extend beyond the property lines or into any front yard or easement areas. Guy wires shall not be anchored within any front yard or easement areas, but may be attached to the building.
(e)
Antennas may be roof- or ground-mounted, freestanding or supported by guy wires, buildings or other structures in compliance with the manufacturer's structural specifications. Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna towers shall be fascia-mounted or "guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines, but not within any front yard areas.
(f)
The antenna including guy wires, supporting structures and accessory equipment shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas shall be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property. Screening material shall be of a height necessary to conceal the antenna without reception being obstructed. Screening shall not exceed six feet in height. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective.
(g)
Antennas shall meet all manufacturer's specifications. The mast or tower shall be of noncombustible and corrosive-resistant material. The miscellaneous hardware, such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion, shall be protected with a zinc or cadmium coating by a galvanizing or similar process after forming. These finishes are selected to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.
(h)
Whenever it is necessary to install an antenna near power lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna mast or tower and secured in a direction away from the hazard. Antennas and guy wires must be kept at least 24 inches clear of telephone or electric wires.
(i)
Every antenna must be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire. Ground wires shall be of the type approved for grounding masts and lightning arresters, and shall be installed in a mechanical manner with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arresters, approved by the Underwriters Laboratories, Inc, shall be used. Both sides of the line must be adequately protected with proper arresters to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arresters must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheath.
(j)
All cable wires leading to antennas and adjacent to or crossing driveways shall be no less than 12 feet.
(3)
(4)
Special exception permit.
(a)
When a special exception permit is required by this section, the application shall include, in addition to all other required contents, the following:
[1]
A site plan showing adjacent properties, possible views, and all screening features.
[2]
Affected exterior elevations and architectural features and the texture and color of all materials to be used.
[3]
A map and list showing adjoining property owners by name and address, as shown on the last tax assessment record, within a distance of 300 feet along adjacent streets and 100 feet from other boundaries of the subject property.
[4]
A statement of proposed measures to mitigate radio frequency and television interference shall be included in case such interference should result from the operation of an amateur radio station.
(b)
The application will be processed in accordance with the above requirements and may be approved only if the above criteria and criteria set forth in Article XVII herein are met. The antenna shall not exceed 75 feet in height and shall have minimum setbacks as follows:
(c)
Conditions of approval may be imposed to mitigate any negative impacts from installation of the antenna.
(d)
The antenna shall be removed upon the termination or revocation of the permit. The permit shall terminate on the sale or transfer of ownership of the property by the applicant and shall be so conditioned, provided, however, that if sale or transfer of ownership occurs, then upon application to the Township, the permit may be extended by the Zoning Officer.
(5)
Enforcement.
(a)
All antennas shall be maintained in good condition and in accordance with all requirements of this section.
(b)
All antennas shall be subject to periodic reinspection. No addition, changes, or modifications shall be made to an antenna, unless the addition, change, or modification is in conformity with the special exception permit.
(c)
Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any special exception permit shall constitute grounds for the revocation of the permit by the Zoning Officer. The remedies provided for herein shall be cumulative with all other remedies provided in this chapter.
C.
Apartment (conversion). Where permitted, any building existing at the effective date of this chapter may be converted to a dwelling for more than one family, provided that:
(1)
The lot area per dwelling unit shall conform to the regulations for the district in which it is located. The minimum habitable floor area of such converted dwelling unit shall be provided in accordance with this article.
(2)
There is no exterior evidence of change in the building except as required by state or local building or housing codes or regulations.
(3)
Fire escapes, where required, shall be in the rear of the building and shall not be located on any wall facing a street.
(5)
The plans for the conversion of said building shall be submitted to the Zoning Officer.
D.
Automobile service stations and other drive-in type uses. Such uses, where permitted, shall comply with the following:
(1)
No street entrance or exit for vehicles and no portion or equipment of such service station or other drive-in uses shall be located:
(2)
No equipment for the service of motor vehicles shall be closer than 25 feet to any property line or street line.
(3)
Canopies shall be located no less than 10 feet from the right-of-way line.
(4)
No two driveways leading from a public street to such service station or other drive-in use shall be within 25 feet of each other at their intersection with the curb or street line.
(5)
Parking and vehicle access shall be so arranged that there will be no need for the motorists to back over sidewalks or into streets.
E.
Churches, schools, and other public buildings. In districts where permitted, these uses shall meet the following requirements:
(1)
The lot area shall be determined on the basis of building size, yard requirements listed below, and parking requirements but in no case shall the lot area be less than 20,000 square feet.
(2)
Lot coverage shall not be greater than 40% of lot area.
(3)
Width regulations. The lot width at the front building setback line shall be based on the building size and yard requirements, but in no case shall the lot width be less than 100 feet in width.
(4)
Yard regulations. Each lot shall have yards not less than the following depths or widths:
F.
Clubs, lodges, and fraternal organization. Where permitted, these and similar uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members, provided that no permanent sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located. A planted buffer no less than five feet in depth shall be maintained along all property lines abutting a residential use.
G.
Commercial greenhouses and nurseries. Where permitted, these uses may be established subject to the following:
(1)
A minimum lot area of 20,000 square feet shall be provided in addition to the lot are a required for other uses located on the same property. However, in no case shall the lot be less than the minimum lot area permitted in the district in which it is located.
(2)
No structure may be located closer than 40 feet to a side or rear property line, unless greater setbacks are required in the district in which it is located.
(3)
A buffer yard/screen planting of no less than five feet in depth shall be maintained along all property lines abutting a residential use.
(4)
Greenhouse heating plants which are not contained within the structure they serve may be located to the side or rear of any main building, but not in the required side or rear yard, provided that the heating plant is not hazardous to others and does not create noise, dirt or heat flows of objectionable amounts or intensities.
(5)
A greenhouse operated for noncommercial purposes shall be considered as an accessory structure and shall comply with all applicable district provisions.
H.
Conditional use criteria. The following general standards shall be used as guidelines by the Planning Commission and governing body in acting upon applications for conditional uses. In passing upon such applications the Commission and/or governing body shall determine:
(1)
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2)
That the conditional use will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
(3)
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion and to facilitate the circulation and movement of pedestrian and vehicular traffic.
(5)
That adequate utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal, access roads and other necessary facilities have been or are being provided.
(6)
That the intended purpose of the proposed use is not inconsistent with the planning policies of this Township as contained in the Carroll Township Comprehensive Plan and this chapter.
(7)
In granting a conditional use, the governing body may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and of the Municipalities Planning Code.
I.
Farm animals.
(1)
Such animals are permitted in all districts subject to the following guidelines:
(a)
All activities shall be in compliance with Pennsylvania's Nutrient Management Act.
(b)
The property owner or property lessee with written permission of the property owner owns such animals.
(c)
The maximum number of animals permitted on a property shall not exceed the following:
Type of Animal | Animals per Acre | Maximum not to exceed |
|---|---|---|
Swine | 55 per property | |
Nursery Pig | 55 | |
Finishing Pig | 13 | |
Gestating Sow | 5 | |
Sow and Litter | 4 | |
Boar | 4 | |
Beef | 150 per property | |
Calf | 6 | |
Finishing | 2 | |
Cow | 2 | |
Veal | 150 per property | |
Calf | 8 | |
Poultry | 500 per property | |
Layer | 500 | |
Pullets | 500 | |
Broiler | 500 | |
Roaster | 500 per property | |
Male/Female | 500 | |
Turkey - Tom | 141 | |
Dairy | 150 per property | |
Holstein/Brown Swiss Cow | 2 | |
Ayrshire/Guernsey Cow | 2 | |
Jersey Cow | 2 | 150 per property |
Sheep | 150 per property | |
Lamb | 40 | |
Ewe | 13 | |
Ram | 11 | |
Goat | 150 per property | |
Kid | 44 | |
Doe | 16 | |
Buck | 11 | |
Horse | 50 per property | |
Foal | 6 | |
Yearling | 2 | |
Draft | 1 | |
Non-Draft | 2 |
(d)
In the CF Conservation/Forest, R-A Residential-Agricultural, R-1 Residential, R-2 Residential, V Village, C Commercial, and I Industrial Districts the total property area minus 1.5 acres shall be used to determine the number of acres on which to base the animal density calculation.
(e)
In determining the number of multiple types of animals permitted on a property, but not to exceed the maximum in Subsection I(1)(c) above, shall be two animal equivalent units (AEU) per acre of land. For the purpose of this chapter, one animal equivalent unit equals 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. In determining live weight of livestock, the standard weight in pounds during production range developed by the State Conservation Commission shall be used.
(f)
The open area shall be enclosed with a fence of suitable construction to provide for safe and adequate confinement of all such animals. The pasture area shall not be permitted to encroach on any street right-of-way.
(g)
The storage of manure and location of animal shelter(s) shall be located within the pasture area and no closer than 200 feet from any property line.
(h)
If any animal type is proposed and is not included in Subsection I(1)(c), the standard weight in pounds during production range table developed by the State Conservation Commission shall be used and the number of animals permitted shall be determined by the formula in Subsection I(1)(e). If the type of animal is not listed in the standard weight in pounds during production range table developed by the State Conservation Commission, the Pennsylvania Department of Agriculture shall be consulted to assist in determining the standard weight in pounds.
J.
Farming/gardening. The tilling of the soil, raising of crops and gardening shall be permitted in any district.
K.
Garden apartments. Where permitted all garden apartments shall comply with the following:
(1)
There shall be not more than 12 dwelling units per building.
(2)
No garden apartment building shall be in excess of two stories in height.
(3)
Lot area per dwelling unit shall not be less than the area required by the applicable district regulations when served by both public water and sanitary sewers.
(4)
All applicable provisions of this chapter.
L.
Golf courses and country clubs. Where permitted, the following standards shall also apply:
M.
Home occupation. Where permitted, home occupations may be established subject to the following conditions:
(1)
The home occupation shall be carried on completely within the dwelling unit.
(2)
Not more than one person other than the occupants of the dwelling unit shall be employed by the home occupation.
(3)
Not more than 25% of the floor area of the dwelling unit shall be devoted to a home occupation.
(4)
Articles sold or offered for sale shall be limited to those produced on the premises or to articles which are clearly incidental to the home occupation and directly related thereto, such as hair care products by a barber or beautician. If the gross sales of articles not produced on the premises exceed 25% of the gross receipts from the home occupation and sales of articles produced on the premises, such sales shall not be deemed to be incidental to the home occupation, and shall not be permitted.
(5)
There shall be no exterior display or sign (except as permitted in the regulation of signs in this chapter), no exterior storage of materials, and no other exterior indication of the home occupation or variation of the residential character of the main building.
(6)
No offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced.
(7)
A home occupation may include, but is not limited to art studios; dressmaking or millinery; barbershop; beauty parlor; teaching, music or dance instruction limited to a single pupil at a time; real estate or insurance office; the professional office of a dentist, physician, lawyer, engineer, planner, accountant, architect; or any other activities of a similar nature.
(8)
A home occupation shall, under no circumstances, be interpreted to include a commercial stable or a dog kennel.
(9)
Prior to the establishment of a home occupation and pursuant to § 138-139A of this chapter, a zoning permit shall be issued by the Zoning Officer. The zoning permit shall ensure the home occupation is being established pursuant to the conditions as set forth in this chapter.
(10)
Prior to establishing a home occupation and issuance of a zoning permit, the applicant shall provide proof to the Township that the existing septic system is suitable to handle any increased loading to the system that is generated from the proposed home occupation.
N.
Mobile homes (other than in mobile home parks). A mobile home shall be permitted to be used as a single-family detached dwelling in all residential districts subject to the following:
(1)
Only one mobile home is permitted on a lot and each such manufactured home lot shall conform to residential standards for dwellings in the district in which it is located.
(2)
A mobile home shall meet the minimum habitable floor area requirements of a single-family detached dwelling as well as standards set forth by any Commonwealth of Pennsylvania agency.
(3)
The wheels and axles shall be removed and the home shall be installed on and securely fastened to a frost-free foundation or footer; in no event shall it be erected on jacks, loose blocks or other temporary materials.
(4)
An enclosure of compatible design and material shall be erected around the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
O.
Mobile home parks. Mobile home parks shall be allowed by the Board of Supervisors in districts where permitted as set forth in Article VI, Mobile Home Park Regulations, of Chapter 120, Subdivision and Land Development. In addition, the Board of Supervisors may require the completion of an environmental assessment (EA) by a qualified environmental scientist, licensed engineer, or landscape architect, to provide an analysis of the impact of the proposed project on the natural and socio-economical environment. The EA will be written in narrative form with significant graphics to assist in developing an understanding of the proposed project, its impact on the existing and future environment, and mitigation measures to reduce adverse impact.
P.
Motels/hotels. In districts where permitted, motels/hotels shall be subject to the following safeguards and regulations:
(1)
Where one or more buildings are proposed, as a land development, a plat shall be prepared and submitted in accordance with the requirements of Chapter 120, Subdivision and Land Development.
(2)
Motels/hotels shall be connected to a public sanitary sewer and water supply where feasible or a sanitary sewerage collection and treatment system and water supply approved by the Department of Environmental Protection.
(3)
Front, side and rear yards of the motel/hotel shall be permanently landscaped and maintained in good condition.
(4)
Off-street parking and loading spaces for other facilities developed as part of the motel/hotel premises shall be provided as required by Article XIV of this chapter.
(5)
Every unit shall be provided with running hot and cold water and separate toilet facilities.
(6)
Motel/hotel buildings or parts thereof shall be placed no closer than 30 feet to any lot line.
(7)
The space between motel/hotel buildings shall be not less than 20 feet and the space between the fronts or rears of units shall be not less than the dimensions required for courts, where such are formed by the arrangement of units.
Q.
Municipal uses. In any district, a building may be erected, altered or extended and land may be developed which is arranged, intended or designed for municipal uses, including municipal recreation uses.
R.
Private swimming pools. Private pools may be erected as an accessory use in any district, provided they comply with the following:
(1)
The pool is used solely for the enjoyment of the occupants of the principal building use of the property on which it is located, including guests.
(2)
The pool structure, including perimeter walkway, shall not be located closer than 10 feet from any side or rear property line; nor closer to any street than the minimum building setback line permitted for the district in which it is located.
(3)
All permanent swimming pools hereafter constructed, shall be enclosed by a permanent fence of durable material at least four feet in height and shall be so constructed as not to have openings, mesh or gaps larger than four square inches in any direction, and if a picket fence is erected or maintained the horizontal dimension shall not exceed four inches. All gates used in conjunction with the fence shall meet the same specifications as to the fence itself and shall be equipped with approved locking devices and shall be locked at all times when the swimming pool is not in use.
(4)
A dwelling or accessory building may be considered as part of the fence required under this section, however, the height requirements for a fence shall not apply to the building.
(5)
The provisions regulating fencing shall not apply to pools having sides extending four feet above grade, provided that the stairs, or other means of access to the pool, are removed or locked in such a position as to make it readily unaccessible when not in use.
(6)
All materials used in the construction of private pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such a manner as to be clean and sanitary at all times.
(7)
Private pools shall not be connected to a sanitary sewerage system and all waters from the pool shall be discharged in such a manner that another person's property is not damaged or affected by the discharge of the said water. Water may be discharged from a swimming pool into a street, if proper drainage facilities are available and with the permission of the governing body.
(8)
Enclosed indoor pools must comply with applicable regulations pertaining to accessory structures.
S.
Prohibited uses. The following uses are prohibited in all districts throughout the Township:
(1)
The commercial incineration, trash transfer facility, reduction or storage of garbage, offal, animals, fish, or refuse, unless by the authority of or under the supervision of the Township.
(2)
Dumps and dumping of any kind, unless by the authority of or under the supervision of the Township.
(3)
Massage parlor. The operation of any massage parlor in which any of the following activities are carried on:
(a)
The treatment of any person, except upon the signed order of a licensed physician, osteopath, chiropractor, or register physical therapist, which order shall be dated and shall specifically state the number of treatments. The date and hour of each treatment given and the name of the operator shall be entered on such order by the establishment where such treatments are given and shall be subject to inspection by the police. The requirements of this provision shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath, or registered physical therapist, chiropractor, or in a regularly established and licensed hospital or sanitarium.
(b)
The massage of, or physical contact with, the sexual or genital parts of one person by any other person.
(4)
Head shops or any other businesses which involve, in whole or in part, the sale, lease, trade, gift, or display for sale of any and all types of drug paraphernalia.
(5)
Any use or activity prohibited by Section 5903 of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 5903, as amended and supplemented.
T.
Public utility facilities. Facilities of a public utility that are used to provide public utility service shall be permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations:
(1)
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
(2)
Height restrictions shall be as required by the district regulations.
(3)
Unhoused equipment shall be enclosed within a chain link fence six feet in height topped with barbed wire.
(4)
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yards shall be maintained in accordance with the district in which the facility is located.
(5)
Screen planting in residential and commercial districts shall be completed in accordance with § 138-98 of this article.
(6)
The external design of the building shall be in conformity with the buildings in the district.
U.
Electric power generation. Electric power generation facilities and distributed electric generation facilities, where permitted, shall meet the following requirements:
(1)
Solar collectors and solar-related equipment.
(a)
Solar collectors and solar-related equipment shall be permitted in any district as an appurtenance to a building or as a detached accessory structure.
(b)
A statement that a solar energy collection system is to be installed on a lot shall be filed with the Township Zoning Officer on the date the zoning permit for the solar system is issued, with the date of installation being the date of recordation. The solar facility must be completed and the Zoning Officer notified of completion, within one calendar year from the date of permit issuance.
(2)
Wind energy conversion systems. Windmills, windwheels, or wind energy conversion systems (WECS) shall not be permitted in the Village District but shall be permitted in all other districts, subject to the following conditions:
(a)
The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and located a minimum distance of the tower height plus 10 feet from any occupied dwelling, and shall not be more than 110 feet in height.
(b)
The minimum distance between the tower and any property line shall be not less than twice the height of the tower.
(c)
The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.
(d)
All electric lines/utility wires shall be buried underground.
(e)
Any mechanical equipment associated and necessary for operation, including a building for batteries and storage cells, shall be enclosed by a six-foot fence. The supporting structure shall also be enclosed by a six-foot fence, unless the base of the tower is not climbable for a distance of 12 feet.
(f)
When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet in area nor eight feet in height and must be located at the base of the supporting structure.
(g)
In permitted residential districts, only one windmill, windwheel or WECS shall be permitted per lot.
(h)
The resultant energy harnessed from the wind shall not be used on property other than that on which located, unless installed and operated in conformity with all applicable distributed generation or system interconnection requirements.
(i)
The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 days. The Building Permit Officer prior to the dismantling of the structure shall issue a demolition permit.
(j)
The applicant shall demonstrate that any noise from the wind generating unit shall not exceed 65 dBA measured at the property line.
[1]
A "decibel" shall mean a unit for measuring the relative intensity of sounds. More specifically, a unit for expressing the ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.
[2]
"A" weighted sound level shall mean the total sound level in decibels of all sound as measured with a sound level meter with a reference pressure of 20 micro-pascals using the "A" weighted network (scale) at slow response. The unit of measurement shall be defined as dBA.
(3)
Other distributed electric generation facilities. Distributed generation facilities that are consistent with those described in § 138-94 U(1) or (2), and accessory to residential uses may be permitted by the Zoning Officer upon a determination that the use is consistent with the intent of § 138-94U(1) and (2) to support the use of renewable distributed generation that is clean and safe and does not unduly limit the use of adjoining parcels.
(4)
Electric power generation facilities. Electric power generation facilities shall be permitted as a special exception in an Industrial District upon application to the Zoning Officer and a determination by the Zoning Hearing Board that approval of the application is consistent with the requirements and intent of this chapter. A special exception for an electric power generation facility shall be approved upon demonstration that the impact of the use, including proposed mitigation measures, will not be detrimental to public health and safety, the environment, the general welfare or the use and enjoyment of other land uses in the area. The application shall be in compliance with the planning policies of the Township as contained in the Carroll Township Comprehensive Plan and all requirements of this chapter, including Article X and § 138-109C (environmental impact statement), except as modified by this section. The documentation requirements in this section may be included as supplementary information in the environmental study required pursuant to § 138-109. An application for an electric power generation facility shall demonstrate that the proposed facility is located, designed, constructed, maintained and operated in accordance with the following standards:
(a)
The total rated capacity of an electric power generation facility shall not exceed 250 MW.
(b)
The proposed facility will comply with all applicable federal, state, county or river basin permits and requirements concerning air, water, waste, and environmental impact(s) of the proposed development. Receipt and the continued compliance with the terms of all such permits and regulations shall be a condition of zoning approval.
(c)
The proposed facility and use will avoid, or, if not avoidable, minimize any negative impact of the proposed facility on the air, water, land, or land use beyond the boundary of the site on which the facility is located.
(d)
The application shall include a description, discussion and documentation of potential impacts such as noise, vibration, light, glare, odor, heat, emissions, dust, toxic materials, electrical interference, radiation, groundwater or surface water quality and quantity, wildlife and habitat or other impacts. In the event that any such impacts may exist, the application shall include:
[1]
A site plan, map(s) and a detailed description of the surrounding area in which any such impact may be experienced.
[2]
The name and address, as shown on the most recent tax assessment record, of such possibly impacted property owners.
[3]
A description of the design, construction or operating plans intended to consider, avoid, mitigate or remediate such impacts.
[4]
A description of any design, construction or operating plans that could eliminate any such impact but is not proposed in the application and a statement explaining the reason(s) that such a plan is not part of the application.
[5]
An affidavit attesting that notice of the Zoning Hearing Board proceeding on the application will be served upon each property owner identified in Subsection U(4)(d)[2].
(g)
The Zoning Hearing Board may attach reasonable conditions and safeguards to the grant of a special exception in addition to those expressly considered or authorized in this chapter, as deemed necessary and appropriate to avoid or mitigate any negative impact of the development and otherwise to implement the purposes of this chapter and the Municipalities Planning Code.
V.
Solid waste storage facilities. All multifamily, commercial and manufacturing buildings or uses shall include adequate facilities on site for the proper storage of solid wastes in accordance with the following:
(1)
Storage areas shall have hardened, stabilized surfaces with outdoor areas constructed to prevent accumulation of rainfall.
(2)
Storage areas shall be located such that collection vehicles will not obstruct the public street or otherwise violate Township regulations while parked for collection of refuse and shall be provided with accessways facilitating ready deposit and collection of refuse.
W.
Temporary roadside stands. Such a structure and use may be permitted, provided the following are complied with:
(1)
A highway occupancy permit shall be obtained from the appropriate state or municipal authority, for any access or pull-off areas.
(2)
Vehicular parking shall not be permitted within the cartway or berm, and such pull-off area shall be designated such that vehicles need not back onto the cartway to exit.
(3)
No structure shall be located closer than 25 feet from the edge of the cartway.
(4)
The structure shall be removed at the end of the growing and harvesting season of the products sold.
(5)
No hazards to pedestrians or vehicular traffic shall be created.
X.
Townhouses. In districts where permitted, all townhouses shall comply with the following:
Y.
Uses not provided for. Whenever, in any district established under this chapter, a use is neither specifically permitted nor denied and an application for such use, as provided for in § 138-139B, is made by a property owner to the Zoning Officer, the Zoning Officer shall refer the application to the Zoning Hearing Board which shall have the authority to permit or deny the use. The use may be permitted only if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purpose and intent of this chapter.
Z.
Commercial mobile radio service.
(1)
General requirements for communications antennas and communications equipment buildings.
(a)
Communications antennas and equipment buildings shall not be permitted in the R-A, R-1, R-2, Commercial and Village Districts.
(b)
Building-mounted communications antennas shall not be located on any residential structure.
(c)
Building-mounted communications antennas shall not be permitted to exceed the height limitations of the applicable zoning district by more than 20 feet.
(d)
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(e)
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(f)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
(g)
Any applicant proposing communications antennas to be mounted on a building or structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township Engineer.
(h)
Any applicant proposing communications antennas to be mounted on a building or structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is to be mounted so that installation and maintenance of the antenna and communications equipment can be accomplished.
(i)
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(j)
Communications antennas shall not cause radio frequency interference with other communications facilities located within Carroll Township.
(k)
A communications equipment building shall be subject to the height and setback requirements of the underlying zoning district for an accessory building.
(l)
The owner and operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas, and shall provide a copy of such license to Carroll Township.
(2)
General requirements for communications towers.
(a)
The applicant shall be required to submit to the Township evidence of the need for the communications tower and that all alternatives have been exhausted to constructing the communications tower. No communications tower shall be permitted in the R-A, R-1, R-2, Commercial and Village Districts. Applicants are required to prove need by:
[1]
Providing evidence, including coverage diagrams and technical reports, that, in terms of location and construction, there are no existing towers, communications towers, buildings or structures able to provide the platform for the necessary equipment for one or more of the following reasons:
[a]
Planned equipment would exceed the structural capacity of the existing communications tower, building or structure, and existing communications tower, building or structure, cannot be reinforced to accommodate planned or equivalent equipment.
[b]
Planned equipment will cause interference with other existing or planned equipment for that communications tower, building or structure.
[c]
Existing or approved communications towers, buildings or structures do not have the space on which planned equipment can be placed so it can function effectively and at least be in parity with other similar equipment in place or planned.
[d]
Other reasons make it impractical to place the equipment by the applicant on existing and approved communications towers.
(b)
No communications tower shall be permitted within Carroll Township that is of a height that would require attached lighting as required by standards of the Federal Aviation Administration (FAA). Other lighting shall be permitted in accordance with the provisions contained elsewhere in this chapter.
(c)
Communications towers may not be located on a lot that is listed on a historic register or in an officially designated state or federal historic district.
(d)
Communications towers shall be no closer than 1,000 feet from another communications tower, such distance being measured as a horizontal distance from tower base to tower base.
(e)
The applicant for a communications tower must execute an agreement with Township, in a recorded instrument legally sufficient to Carroll Township, reviewed by the Solicitor, requiring the removal of the communications tower within one year after the communications tower ceases to function as such. Removal of the communications tower shall include the tower, all appurtenances or component parts thereof, including any associated buildings or structures.
[1]
Responsibility of owner and occupant of premises for removal. No person, firm, or corporation owning or occupying any property within Carroll Township shall permit, leave or cause to be left any communications tower, appurtenances, or component part thereof, including any associated buildings or structures on said property on and after the aforesaid one-year period. A communications tower, all appurtenances or component part thereof, including any associated buildings or structures so remaining on the premises after the prescribed removal date shall be deemed in violation of the provisions of this section.
[2]
Notice to conform. Carroll Township is hereby authorized, and directed to give notice, by a personal service or U.S. mail to the owner or occupant, or both, as the case may be, by certified mail of the violation of the provisions of this chapter, and directing and requiring said owner or occupant to conform with the requirements of this chapter within 30 days after issuance of such notice.
[3]
Violations and penalties. In case any person, firm or corporation shall neglect, fail or refuse to comply with said notice within the period of time stated therein, Carroll Township may enter the premises and remove the communications tower, all appurtenances or component part thereof, including any associated buildings or structures. In such event all costs associated with the removal, together with reasonable attorney's fees and any additional payment authorized by law, may be collected by Carroll Township, from such person, firm or corporation in the manner provided by law for collection of municipal claims or by an action of assumpsit.
(f)
A security fence and gate, of approved design, of not less than eight feet, including barbed wire at the top, shall completely enclose the communications tower and anchor locations of guy wire (if used). This fencing shall be designed to be compatible with surrounding land uses.
(g)
The applicant shall submit a landscaping plan to effectively screen the base of the communications tower. Landscaping material shall consist of evergreen species and shall be located on the exterior side of the fence.
(h)
A minimum of one parking space shall be required. Spaces shall meet requirements of this chapter. Parking spaces may be surfaced with a durable and dustless gravel surface.
(i)
Access shall be provided to the communications tower and communications equipment building by means of a public street, or a private right-of-way 20 feet in width and shall be improved to a width of at least 12 feet.
(j)
Access to the communications tower shall be provided by a minimum twelve-foot-width driveway with a durable and dustless surface, such as concrete or a bituminous surface, for a minimum of 35 feet from the edge of cartway of any public street. Should the public street not be surfaced with a durable and dustless surface, the access drive, for a minimum of 35 feet from the edge of cartway, shall be surfaced with a similar material as is used on the public street. The length of the driveway beyond this 35 feet shall be surfaced with durable and dustless gravel.
(k)
Communications towers shall be fully automated and unattended on a daily basis. The site shall be visited only for periodic maintenance.
(l)
The communications equipment building shall be identified as an accessory building, and the applicable regulations for the underlying zoning district shall apply.
(m)
Guy wires, if utilized, may not be anchored in any minimum building setback area of the zoning district in which the tower is located. Guy wires shall not cross or encroach any overhead telephone or electric power lines.
(n)
Communications tower height shall be measured from the average grade around the base of the communications tower to the top of the communications tower, or communications antenna if mounted on top of the communications tower.
(o)
The applicant shall be required to have control over any land that is within a required setback area of this chapter. This control, submitted in writing, may be either in the form of ownership, lease, or recorded easement, as reviewed by the Solicitor.
(p)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number or the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $3,000,000 per occurrence and property damage in the amount of $3,000,000 per occurrence covering the communications tower and communications antennas.
(q)
No communications tower shall be located closer than 500 feet from any existing structure, playground, ballfield or other area used for active recreation within a municipal park or school.
(3)
Additional conditions applicable to communications towers, antennas and equipment buildings. In addition to the conditions stated in Subsections Z(1) and (2), the following conditions shall also apply:
(a)
Unless regulated by Subsection Z(2)(q), setbacks shall be no less than 150 feet or 60% of the communications tower height, whichever is greater, from adjacent property lines and public road right-of-way lines. Such distance shall be in a straight line from the communications tower base to the appropriate line.
(4)
General requirements for collocation of facilities. An applicant for the collocation of facilities in the CF and I Districts shall be required to submit a zoning permit and building permit application for approval. The building permit application shall contain a structural analysis report along with applicable information as required in Subsection Z(1), (2) and (3)(a).
AA.
Bed-and-breakfast facilities. Bed-and-breakfast facilities, as defined in this chapter, shall be permitted in all zoning districts, in accordance with the following standards:
(1)
A bed-and-breakfast: facility shall be permitted only in single-family detached, owner-occupied dwellings on one or more acres.
(2)
The principal use of the property shall remain that of a single-family residential dwelling.
(3)
The owners or representative of the owner of a bed-andbreakfast facility must be in residence when guests are present.
(4)
No more than five guest: rooms may be offered on any individual residential property within the CF, R-A, V, C and I Zoning Districts and no more than three guest rooms may be offered on any individual residential property in the R-1 and R-2 Zoning Districts.
(5)
One full bathroom, which shall include one toilet, wash basin, bath and/or shower, shall be provided for each two guest rooms.
(6)
The length of stay for any guest shall not exceed more than 30 uninterrupted days.
(7)
Accommodations at the bed-and-breakfast facility may include meals prepared on the premises for the guests and included in the charge for the room. The owner shall comply with all federal, state and local requirements for the preparation, handling and serving of food and water.
(8)
Any amenities, such as tennis court, swimming pool, etc., shall be solely for the use of the resident owner and guests of the facility.
(9)
The owner shall maintain a current guest register.
(10)
Goods may be publicly displayed for sale on the premises, provided that the area devoted to such display shall not exceed 100 square feet.
(11)
One additional on-site parking space shall be provided for each guest room.
(12)
Each bed-and-breakfast facility shall comply with the Federal Life Safety Code, the rules and regulations of the Pennsylvania Department of Labor and Industry and all other applicable building, safety, and fire codes of the federal, state and local government.
(13)
An identification sign for a bed-and-breakfast shall be permitted as follows:
(a)
Such signs shall be placed only on the property for which the bed-and-breakfast has been authorized.
(b)
The area of one side on any such sign shall not exceed four square feet.
(c)
Not more than one such sign shall be placed on any property.
(d)
Such signs may be illuminated if such lighting is shielded or indirect; however, neon signs shall not be permitted.
(e)
Nothing herein shall prohibit an off-premises advertising sign to said bed-and-breakfast otherwise permitted under this Zoning Ordinance.
(14)
Prior to establishing a bed-and-breakfast and issuance of zoning permit, the applicant shall provide proof to the Sewage Enforcement Officer that the existing septic system is suitable to handle any increased loading to the old system that is generated from the proposed bed-and-breakfast use.
BB.
Temporary onsite storage units as accessory buildings. The use of nontraditional storage units, including those commercially known as "PODS®" or enclosed container of a box trailer with or without wheels, or shipping container (Sea-Can, Conex) shall be allowed on a temporary basis subject to the following:
(1)
Units shall be allowed without the need for a permit for a maximum period of 30 consecutive days in any one calendar year for the purposes of moving the belongings of the occupants either into or out of the nontraditional storage unit.
(2)
The nontraditional storage units may be used for temporary construction storage for the period for which a valid building permit has been issued. Such units shall be located in accordance with the required accessory use setback of the zoning district in which the property is located.
CC.
Rural occupations. In districts where permitted, rural occupations are a conditional use and shall be subject to the following criteria:
(1)
Minimum lot size shall be 10 acres.
(2)
Only one rural occupation may be conducted on the same property as the owner's principal residence and shall not exceed 2,000 square feet. A drawing showing the building or portion thereof allocated for the rural occupation shall be provided.
(3)
A rural occupation shall only be conducted within one completely enclosed building that satisfies at least one of the following:
(a)
The building will remain the same size and in the same location as it existed on the effective date of this chapter.
(b)
The building is limited to one story in height or 24 feet, whichever is less, is located in the rear yard of the principal residence, and is set back at least 100 feet from any side or rear lot lines. All applicants are required to design buildings that are compatible with their residential settings.
(c)
Applicant will be required to submit for a building permit for the proposed use and shall be responsible to complete any modifications required under a conditional use approval by the Township ordinance or UCC building permit for the proposed use prior to commencing the proposed use.
(4)
In no case shall any new rural occupation building be constructed before the owner resides permanently on the subject property. In addition, rural occupations may only be conducted so long as the owner of the business resides on the site.
(5)
In no case shall the required maximum lot coverage be exceeded by those impervious surfaces associated with the principal residence, rural occupation, and/or other permitted accessory uses and structures.
(6)
All off-street parking, loading spaces, and storage space shall be provided with buffering, landscaping, and screening in accordance with § 138-98.
(8)
No outdoor storage or display shall be permitted. Outdoor storage may be granted under the specific terms of a conditional use approval.
(9)
No rural occupation and its principal dwelling shall generate more than 20 vehicle trips per day to and from the site. The applicant shall furnish evidence regarding the expected number of vehicle trips associated with the proposed use. The Township may make additional requirements related to vehicle traffic based on the nature of the proposed use and the capacity of the public street right-of-way that serves the principal residence.
(10)
Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street right-of-way that serves the principal residence. No additional roadway connection shall be permitted.
(11)
The maximum number of employees that do not reside on the site shall be equal to one full-time position. For purposes of this subsection, "employees" shall be defined as those involved in the on-site conduct of the rural occupation.
(12)
Rural occupations shall only be conducted between the hours of 7:00 a.m. and 7:00 p.m.
(13)
No manufacturing, mechanical or industrial, or other use shall be permitted which causes any noise, glare, fumes, smoke, dust, vibration, electromagnetic interference, or other hazard that is noticeable at any property line of the rural occupation. No use that requires application or permitting by the PA DEP for the handling of hazardous waste or other substances shall be permitted.
(14)
Any area devoted to retail sales displays shall be limited to 20% of the overall size of the rural occupation.
(15)
The applicant shall furnish evidence that an approved means of sewage disposal shall be utilized, and further that such means is part of the same system in use for the principal residence.
§ 138-95 Height regulations.
A.
Height regulations shall not apply to spires, belfries, cupolas, domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, utility poles or towers, solar collectors, and ornamental or necessary mechanical appurtenances
B.
For all residential uses, accessory buildings shall not exceed 24 feet in height.
§ 138-96 Area regulations.
A.
On a lot held in single and separate ownership from adjacent land, which does not fulfill the regulations for the minimum area and yard dimensions for the district in which it is located, a building may be erected, altered, and used thereon providing the yard space is not less than the minimum specified herein, and further that the proposed sanitary sewer system and water system is approved by the Department of Environmental Protection.
B.
The area, width, and depth of lots shall provide adequate open space for off-street loading unloading, and/or parking space. When necessary, septic tanks and drain fields shall be provided with open space in addition to the open space required for off-street parking, other paved areas, and the area covered by the main building and buildings and structures accessory thereto.
§ 138-97 Yard requirements.
A.
Yards shall be provided in accordance with the provisions of this chapter and shall be planted with grass, sod, or other vegetative cover excepting in cases where walks, access drives, off-street parking lots, patios or other types of surfaces are permitted. All yards shall be maintained and kept free of all debris and rubbish.
B.
Where the street or streets upon which the lot abuts are less than 50 feet in width, the front yard depth and the width of the side yard abutting the street shall be measured from the ultimate street right-of-way, as defined for each street classification in the design standards set forth in Chapter 120, Subdivision and Land Development.
C.
Front yards.
(1)
When a vacant lot is situated between two lots each occupied by a principal building within 25 feet of the side lot line of such vacant lot which extends into the required front yard, the front yard of such vacant lot may be the average depth of the front yards of such two adjacent occupied lots.
(2)
Where a vacant lot adjoins only one lot occupied by a principal building within 25 feet of the common side lot line which extends into the required front yard of such occupied lot, the front yard depth of such vacant lot may be the average front yard required for the district, in which such vacant lot is located. However, the second vacant lot from the original occupied lot must have at least the minimum front yard depth required in the district.
D.
Side yards.
(1)
On corner lots, the side yard abutting the street shall have width equal to the depth of the front yard required in the district and shall be subject to all front yard requirements of this chapter.
(2)
On a lot, in a district where residential structures are permitted, held in single and separate ownership at the effective date of this chapter, with a lot width less than required for the zoning district, only one single-family dwelling may be erected, and side yard shall be provided according to the following requirements:
(a)
On interior lots with a width of 50 feet or more, two side yards shall be provided as required by the district regulations.
(b)
On corner lots with a width of 50 feet or more, two side yards shall be provided. The exterior side yard may be reduced by the number of feet by which the lot width is less than the district requires, but may not be reduced to less than the required interior side yard. The interior side yard shall be provided as required by the district regulations.
(c)
On lots less than 50 feet but not less than 27 feet in width, two side yards shall be provided, each equaling 20% of the lot width.
(d)
For such dwellings, constructed to a depth of more than two rooms, a court not less than six feet in width shall be provided, abutting the side wall for all rooms beyond the second room.
(3)
On a lot, in a commercial or industrial district, held in single and separate ownership from adjacent land at the effective date of this chapter, with a lot width less than that required for the zoning district, the required side yards shall be determined by the Zoning Hearing Board upon application for a variance based on the same criteria as listed under Subsection D(2) above for residential structures.[1]
[1]
Editor's Note: Former Subsection D(4), concerning location of an accessory building with respect to the side or rear lot line, as amended, and (5), concerning carports, which followed this subsection, was repealed 3-6-2012 by Ord. No. 60.
§ 138-98 Buffer yards and screen plantings.
A.
Buffer yards.
(1)
Where a commercial or industrial use adjoins a residential district or use, a buffer yard of not less than 180 feet in depth shall be provided along the lot lines, in addition to the yard required for the district in which it is located. The buffer yard shall adjoin the lot lines with the required yard or yards established to the interior of the buffer yard.
[Amended 10-16-2001 by Ord. No. 44; 3-6-2012 by Ord. No. 60]
(2)
No structure, manufacturing or processing activity, or storage of materials shall be permitted in buffer yards. However, access roads, service drives, and utility easements not more than 35 feet in width are permitted to cross a buffer yard provided that the angle of the center line of the road, drive, or easement crosses the buffer yard at an angle not less than 60º.
(3)
Parking of automobiles may not be permitted in the buffer yard.
B.
Screen plantings. Screen plantings shall be located in the exterior portion of the required buffer yards and shall be in accordance with the following requirements:
(1)
Plant materials used in screen planting shall be at least four feet in height when planted, shall be planted no more than three feet apart, and be of such species as will produce, within three years, a complete year-round visual screen of at least six feet in height;
(2)
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year;
(3)
The screen planting shall be so placed that at maturity it will be not closer than three feet from any ultimate right-of-way or property line;
(4)
A clear sight triangle shall be maintained at all street intersections and at all points where vehicular accessways intersect public streets;
(5)
The screen planting shall be broken only at points of vehicular or pedestrian access;
(6)
Screen plantings shall be provided between the property line and any off-street parking area and any outdoor solid waste storage area for any multifamily, townhouse, commercial or manufacturing use where the parking or solid waste area abuts a residential zoning district or a lot occupied by a residential use;
(8)
Prior to the issuance of a building permit, plans for buffer yards shall be submitted for review and approval to the Zoning Officer. Said plans shall show the arrangement of all of the buffer yards and the placement, species, and size of all plant materials to be placed in such buffer yard. Said plan must be reviewed by the Planning Commission and approved by the Zoning Officer before a building permit may be issued.
§ 138-99 Projections in yards.
A.
Solar collectors and unenclosed ground-story terraces, patios and uncovered porches may project into any required yard not more than 1/2 its required dimension and not more than 10 feet in any case.
B.
Chimneys, flues, columns, sills and ornamental architectural features may project not more than two feet into a required yard.
C.
Covered porches, whether enclosed or unenclosed shall be considered as part of the main building and shall not project into any yard.
§ 138-100 Obstruction to vision.
A.
Walls, fences, signs or other structures shall not be erected or altered, and hedges, trees or other growth shall not be planted or maintained, which may cause danger to traffic on a street or road by obstructing the view.
B.
In all cases except single-family private residence driveways, a clear sight triangle of 55 feet, measured along the center lines of intersecting streets, shall be maintained; within which an unobstructed view shall be provided by limiting such structures or planting to a height of not more than three feet or less than 10 feet above the street grade, excepting the trunks of street trees or other ornamental trees whose foliage is kept trimmed to a height of 10 feet above the street grade.
[Amended 6-20-1995 by Ord. No. 38-B]
§ 138-101 Fences and walls.
A.
Fences and walls may be erected, altered and maintained within the yards subject to the following height requirements:
(1)
Any such fence or wall in the front yard shall not exceed 3 1/2 feet in height, unless such fence or wall confines large pets or farm animals, in which case such fence or wall shall not exceed five feet.
[Amended 6-20-1995 by Ord. No. 38-B]
(2)
Any fence or wall in the side or rear yard may be a maximum of eight feet in height. Furthermore, any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet.
B.
All yards used for the storage of any material needed for the operation or conduct of a manufacturing or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence, or screen planting on all sides which face upon a street or face upon a lot in a more restricted zone.
[Amended 6-20-2000 by Ord. No. 42]
C.
If the fence is wood cover on wood frame, the framework must face onto the interior of the lot, unless the fence is so designed as to provide equal frame and cover area to adjoining yards.
D.
If the fence is open metal mesh, supported by posts and frame of either pipe or wood, the posts and frames musts be on the interior of the mesh.
E.
If the fence is of masonry construction, a finished surface must be provided on the exterior side.
F.
No fence shall be constructed in any street or alley right-of-way.
§ 138-102 Habitable floor area.
The minimum habitable floor area of a dwelling unit hereafter erected shall be 600 square feet. In the case of buildings holding or containing two or more dwelling units, the minimum habitable floor area shall be not less than 300 square feet per dwelling unit, except those dwelling units designed for and occupied exclusively by one person, which dwelling units shall each contain not less than 200 square feet of habitable floor area.
§ 138-103 Illumination.
A.
The illumination of any sign shall be arranged in such a manner that the light shall be shielded from any residential building nor fall within the right-of-way of any street or highway.
B.
Outside lights must consist of a light source and reflector so that acting together, the light beam is controlled and not directed across any property lines.
§ 138-104 Performance standards.
All uses of land, buildings and structures or industrial processes shall be prohibited that may be noxious or injurious by reason of the production and/or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substances or condition. Uses may be permitted, except those specifically prohibited in the district regulations or general provisions, if safeguards to protect the health, safety, morals, and the general welfare of the community are established by a written agreement, between the governing body and the property owner, subject to the securing of a permit therefore and subject to the carrying out of such provisions, restrictions, and safeguards.
§ 138-105 Water use and control.
[Amended 6-20-2000 by Ord. No. 42]
A.
Drainage regulations.
(1)
Prior to obtaining a permit for any construction or earthmoving activities the applicant must submit an erosion and sedimentation control plan and stormwater management plan. The Perry County Conservation District shall approve the erosion and sedimentation control plan. The Carroll Township Board of Supervisors shall approve the stormwater management plan upon review and recommendation of the Township Engineer.
(2)
Such plans shall be in conformance with those standards set forth in Chapter 120, Subdivision and Land Development, and any other applicable state, county and Township Legislation or Regulations, particularly the Pennsylvania Storm Water Management Act of October 4, 1978, as amended, approved by the General Assembly on May 14, 1985.
B.
Groundwater or surface water withdrawals. In all districts, residential subdivisions of more than four lots, whether proposed initially or cumulatively, and any land development requiring more than 1,000 gallons per day cumulative draw or more than 100 gallons per acre per day withdrawal, whichever is less, of water from groundwater or surface water shall only be permitted in compliance with the following requirements:
[Amended 3-6-2012 by Ord. No. 60]
(1)
Submission of a water use plan documenting that there is adequate water supply for the proposed use without adverse impact on the quality or quantity of groundwater or surface water supplies available for other existing land uses or habitats. The water use plan shall be based upon a local hydrogeological analysis quantifying estimated water depletion and impact from the proposed withdrawal after a period of one year and five years, during average water levels and flows as well as during a fifty-year drought event. In conducting its analysis and proposing a water use plan, the applicant shall use generally accepted methodologies and standards, as approved by Township Engineer, or as may be established by the Board of Supervisors.
(2)
Any federal or state laws, regulations or permits applicable to such withdrawal or affecting wildlife dependent on the water resource in question.
(3)
Any required permit or water plan of the Susquehanna River Basin Commission.
(4)
Any required permit or water plan of Perry County.
§ 138-106 Control of traffic and protection of public safety.
A.
The application for a permit for any and all uses shall be accompanied by a site plan showing building location, service and parking areas, and access to highways. Where a driveway or access road gives access to a state road or highway, approval by the Pennsylvania Department of Transportation shall be required. Where a driveway or access road gives access to a Township road, a permit, pursuant to Chapter 62, Driveways, shall be issued before access is permitted.
B.
Any application for commercial or industrial development or use that by virtue of county, state or federal regulations require an evacuation or emergency response due to the nature of the proposed use shall include an evacuation and emergency response plan. The plan shall:
(1)
Assess the existing evacuation and emergency response capability of the Perry County Emergency Preparedness Office and Carroll Township related to the proposed use at the proposed site. The assessment shall include but not be limited to location and availability of a hazardous material team, coordination effort between affected municipalities, identification of any existing evacuation plans, identification of all evacuation routes, identification of potential roadway blockages, bottlenecks and geometry problems, bridge restrictions (weight limitations and lane restrictions), flooding problems, snow emergency routes and snow plowing hierarchy, police, fire, and ambulance response and equipment, disabled people, and county and local communications.
(2)
Describe all development and use plans to mitigate the possibility that an evacuation and emergency response may be needed due to the proposed use at the site.
(3)
Propose a plan to respond to any such emergency that will address findings in Subsection B(1) above, and ensure that public health and safety is protected.
(4)
The evacuation and emergency response plan shall be updated on an annual basis, or when a change of use/activity occurs that requires an update. The plan shall be submitted to the Township by the end of January of each new year. When no update is required, a letter indicating no update is necessary shall be submitted to the Township.
§ 138-107 Reduction of lot dimensions.
The area, width, or depth of any lot shall not be reduced by subdivision, sale, or development so that the lot width, lot area, lot area per dwelling unit, courts and yards, or other spaces are smaller, or so that the coverage is greater than prescribed herein.
§ 138-108 Courts.
Courts shall conform to the following:
A.
An open space in the form of an interior court or outer court shall be provided in connection with any building in any residential or business district wherever any room therein in which a person or persons live, sleep, or congregate, cannot be adequately lighted and ventilated. Such court shall be adjacent to such rooms, the windows of which shall open in such court. (This section shall not apply to specialized commercial or manufacturing processes where controlled light and/or ventilation are required.)
B.
Outer court.
(1)
The width of any outer court upon which windows open from a living room, bedroom, or dining room, shall be not less than the height of the wall opposite such windows.
(2)
The depth of an outer court formed by walls on three sides shall be not greater than 1 1/2 times the width.
(3)
The width of an outer court shall be not less than 2/3 the height of any opposing wall forming said court.
C.
Inner court.
(1)
Each dimension of an inner court shall be not less than the full height of the walls enclosing such court, provided, however, that not less than 50 feet for apartment buildings and not less than 10 feet for two-family dwellings.
(2)
An open and unobstructed passageway shall be provided for each inner court. Such passageway shall have sufficient cross-section area and headroom for the passage of fire fighting equipment, and shall be continuous from the inner court to a yard or unobstructed open area with access to a street.
§ 138-109 Environmental study required.
[Amended 6-20-2000 by Ord. No. 42]
An environmental study shall be provided for as required in each district. A qualified environmental scientist, licensed engineer, or licensed landscape architect shall complete the environmental study.
A.
Limited environmental assessment (LEA). A limited environmental assessment shall be provided for as required in districts CF, R-A, R-1, and R-2. The LEA includes:
(1)
A narrative description and mapping of the existing environment on the site, including but not limited to, forested areas, geologic characteristics, ground water quality and supply, wetlands, prime agricultural land, suitability of the soil for construction activity, historical features, and natural diversity.
(2)
A narrative description on how the development will impact the existing environment as identified in Subsection A(1) above and measures proposed to mitigate and/or reduce the identified impacts on the environment.
(3)
In the R-1 Residential District, the LEA also shall include an assessment of traffic, as required in § 120-17C(7) of Chapter 120, Subdivision and Land Development, and socioeconomic impacts, such as, but not limited to, population, educational requirements and demands, employment, population density, police and emergency personnel response, and public recreational needs. The LEA shall also identify mitigation measures to reduce the impacts of the proposed project.
[Amended 10-16-2001 by Ord. No. 44]
(4)
A narrative description of the interrelationship between the proposed development activity and the Carroll Township Comprehensive Plan, this chapter, Perry County Comprehensive Plan, and other land use plans in effect at the time of plat submission.
B.
Environmental assessment (EA). An environmental assessment shall be provided for land developments and large subdivisions as required in districts CF, R-A, R-1, R-2, V, C, and I. The EA shall include:
[Amended 10-16-2001 by Ord. No. 44]
(2)
Soils engineering report describing in detail the suitability of the soil for construction activity of the proposed land development.
(3)
A description of the geologic characteristics and ground water quality and supply, including the location of Harrell Formation, which contains concentrations of natural water contaminants.
(4)
A description of the development impact on the existing environment (e.g., forested areas, wetlands, endangered species, etc.) and mitigation measures to reduce adverse impacts.
(5)
A narrative description of the interrelationship between the proposed development activity and the Carroll Township Comprehensive Plan, this chapter, Perry County Comprehensive Plan, and other land use plans in effect at the time of plat submission.
C.
Environmental impact statement (EIS). In order to provide the Board of Supervisors with an opportunity to more effectively evaluate land development proposals for identified uses in the Industrial District (§§ 138-74F through V and 138-75A), the applicant shall be required to disclose the environmental consequences or effects of such proposals through the submission of an environmental impact statement. An EIS report shall accompany and form a part of the preliminary land development plan.
(1)
By whom prepared. The study shall be prepared by a qualified consultant who shall be mutually agreed upon by the developer and the Township. The study preparer shall have sufficient documented prior environmental study experience to qualify the consultant to perform the study and render any opinions and recommendations set forth therein. The cost to prepare the study will be borne entirely by the developer. The EIS report shall be certified as correct by the preparer.
(2)
Contents. The EIS report shall be submitted in accordance with the format and content specified below. Within the EIS report specific emphasis shall be directed toward the proposed project's effects on and relationship to the applicable site neighborhood, including areas in adjacent municipalities where applicable and Township-wide resources, conditions, or characteristics. Where required information is contained in other plans and supporting documentation said information may be cited by reference to said plans and supporting documentation. The EIS report shall include text, tables, maps and analyses for the purpose of describing the project site, proposed use(s), environmental characteristics and the environmental effects of the proposal as follows:
(a)
An identification of the site location and area through the use of a location map drawn at a scale of not more than 2,000 feet to the inch. The location map shall depict all streets, adjoining properties, zoning district boundaries and municipal boundaries within 3,000 feet or any part of the tract. In the case of development or a section of the entire tract the location map shall also show the relationship of the section to the entire tract.
(b)
An identification of the site character and appearance through the presentation of color or black and white photographs or copies thereof. Such photographs shall provide a representation of what the site looks like from the ground. Photographs should be properly identified or captioned and shall be keyed to a map of the site.
(c)
An identification of the nature of the proposal through the presentation of the following:
[1]
A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and a depiction of the features which are proposed such as streets, driveways, parking areas, buildings and other structures, and all impervious surfaces. The plan shall be drawn at a scale of not more than 100 feet to the inch and may be submitted as an attachment to the report. The plan shall reflect all the information required for a preliminary plan.
[2]
Plans and elevations depicting the proposed size, square footage, height, number of rooms (where applicable) or buildings, and/or other structures.
[3]
A statement indicating the existing and proposed ownership of the tract and, where applicable, the type of ownership, operation and maintenance proposed for areas devoted to open space or otherwise not under the control of a single lot owner.
[4]
A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or phase of the project. Such boundaries shall be superimposed on a version of the site development plan.
(d)
An identification of physical resources associated with the natural environment on the tract including such features as geology, topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative and quantitative aspects of each of the resources mentioned above. In addition these resources shall be mapped at a scale of not more than 100 feet to the inch as specified below and may be either incorporated into the EIS report or submitted as attachments to the report.
[1]
A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations on or influencing the tract and features such as faults and/or fractures.
[2]
A map depicting the topographic characteristics of the tract. Such map shall contain contours with at least two-foot intervals and shall depict slopes from 0% to 4%, 4% to 10%, 10% to 15%, 15% to 25% and greater than 25%.
[3]
A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed subdivision and/or land development such as depth of bedrock, depth of water table, flood hazard potential and limitations for septic tank filter fields.
[4]
A map depicting the hydrological characteristics of the tract. Such map shall depict surface water resources and their drainage characteristics, watersheds, floodplains, and groundwater resources. Surface water resources include features such as creeks, runs, streams, ponds, other natural bodies of water, springs, wetlands and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.
(e)
An identification of biological resources associated with the natural environment or the tract including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. Any protected and/or endangered species as identified by the Pennsylvania Natural Diversity Inventory shall be noted. In addition these resources shall be mapped at a scale of not more than 100 feet to the inch, as specified below, and may be either incorporated into the EIS report or submitted as attachments to the report.
[1]
A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the wooded areas on the tract and shall note the types of vegetation associations that exist in terms of their species, types and sizes. In addition all trees 12 inches in caliper or greater shall be accurately located on the map, either as freestanding trees or as tree masses.
[2]
A map depicting characteristics associated with wildlife habitats. Such map may draw upon the vegetation, hydrology and soil maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship on the overall habitat(s).
(f)
An identification of the land use conditions and characteristics associated with the tract such as current and past use, land cover, any encumbrances, and the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition the following maps drawn at a scale of not more than 100 feet to the inch, unless otherwise noted, shall be incorporated into the EIS report or submitted as attachments to it:
[1]
A map depicting the land cover characteristics of the tract. Such map shall define existing features including paved or other impervious surfaces, wooded areas, cultivated areas, pasture, old fields, lawns and landscaped areas, and the like.
[2]
A map depicting any encumbrances to the tract. Such map shall define easements and other areas where certain use privileges exist.
[3]
A map depicting the land uses adjacent to the proposed tract. Such map may be at the same scale as the location map.
(g)
An identification of the historic resources associated with the tract such as areas, structures and/or routes and trails that are significant. Areas, structures and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places and the Historic American Building Survey, those identified in the Comprehensive Plan and any structure erected prior to 1890 shall be identified. The identification of historic resources shall include a narrative description of the above. In addition a map drawn at a scale of not more than 100 feet to the inch depicting historic resources shall be incorporated into the EIS report or submitted as an attachment to the report.
(h)
An identification of the visual resources associated with the tract such as areas that have a particular amenity value and areas that offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition a map drawn at a scale of not more than 100 feet to the inch depicting visual resources shall be incorporated into the EIS report or submitted as an attachment to the report.
(i)
An identification of the community facility needs associated with the user and/or resident of the proposed subdivision and/or land development. The community facility needs assessment shall indicate in narrative form the type of services that will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue services and postal services) shall be discussed in terms of:
(j)
An identification of the utility needs associated with the user and/or resident of the proposed subdivision and/or land development. The utility needs assessment shall indicate in narrative form the type of installations that will be in demand. Utilities (such as those used for water supply, sewage disposal, refuse disposal, storm drainage, communications and electrical transmission) shall be discussed in terms of the ability of existing utility installations to accommodate the demands of the future users and/or residents on the lots and/or tract, the need for additional or expanded utility installations, the ability to achieve an adequate quantity of potable water whenever individual wells are proposed, the ability to achieve an adequate system for on-site sewage disposal whenever such a system is proposed, and the ability to achieve an adequate system for storm drainage and stormwater management.
(k)
An identification of the relationship of the transportation and circulation system needs of the proposed subdivision and/or land development to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and any points of ingress to and egress from it, and expected traffic volumes generated from the subdivision and/or land development, including their relationship to existing traffic volumes on existing streets for both peak-hour and nonpeak-hour traffic conditions. In addition there shall be a discussion of the physical condition of existing streets that will service the proposed subdivision and/or land development and what improvements are proposed to remedy any physical deficiencies.
(l)
An identification of the anticipated population characteristics related to the proposed subdivision and/or land development. The characteristics, which shall be presented in narrative form, shall include a profile of the future users and/or residents of the lot and/or tract including information such as the number of people expected. Such information shall be related to initial and completed subdivision and/or land development conditions.
(m)
An identification of the economic and fiscal characteristics related to the proposed subdivision and/or land development. The characteristics that shall be presented in narrative form shall include a profile of the Township, county and school district revenues that the proposal may generate and the Township, county and school district costs it may create. Such information shall be related to initial and completed subdivision and/or land development conditions.
(n)
An identification of characteristics and conditions associated with existing construction-related and future air and water quality, light and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases and/or radioactive materials.
(o)
The implications of the proposed subdivision and/or land development in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects there shall be a discussion of the implications of the proposed subdivision and/or land development to the resources, conditions and characteristics described in Subsections C(2)(d) through (n) above. In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not more than 100 feet to the inch, wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the EIS report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIS report how and where the findings in the EIS report and its attachments are reflected in the subdivision and/or land development plan.
(p)
Alternatives to the proposed subdivision and/or land development. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form. The applicant shall comment on how alternatives such as revised location, redesign, layout or siting of buildings, roads and other structures, alternate methods for sewage disposal and water supply, reduction in the size of proposed structures or number of structures, and the like would preclude, reduce or lessen potential adverse impact or produce beneficial effects.
(q)
Probable adverse effects which cannot be precluded. In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications; that is, whether the adverse effects will have direct or indirect influence on a particular resource, condition or characteristic.
(r)
Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These resources shall include those required through existing procedures and standards and those unique to a specific project as follows:
[1]
Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county and/or Township for remedial or protective action such as sedimentation and erosion control, stormwater runoff control, water quality control, air quality control, and the like.
[2]
Mitigation measures related to impacts that may be unique to a specific subdivision and/or land development are those related to efforts such as revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or businesses, land acquisition and the like.
(s)
Any irreversible environmental changes which would occur due to the proposed subdivision and/or land development should it be implemented. To indicate such changes, the use of nonrenewable resources during the initial and continued phases of the subdivision and/or land development shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and related qualitative effects.
(t)
A narrative description and mapping of all historical features and natural diversity as identified by the Pennsylvania Historical Commission and the Pennsylvania Natural Diversity Inventory. The narrative shall describe the feature(s) and how it/they will be affected by the proposed development activity.
(u)
A narrative description of the interrelationship between the proposed development activity and the Carroll Township Comprehensive Plan, this chapter, Perry County Comprehensive Plan, and other land use plans in effect at the time of plat submission.
(3)
In making its evaluation, the Township shall ensure that all applicable EIS requirements are addressed in the EIS submission. Failure to submit a completed EIS shall result in the Township declaring the EIS incomplete. The Planning Commission and/or the Board of Supervisors may request additional information to ensure compliance with the purpose of the EIS. Further, whenever any information requested in Subsection C(2) above is not applicable to the proposed subdivision and/or land development, the EIS shall indicate which sections are not applicable along with specific reasons why the subsection is not applicable. The Planning Commission, upon reviewing the specific reasons why a subsection is not applicable, may accept or reject the specific reasons. In the case of rejection, the applicant shall amend the EIS to include the required information.