Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Subdivision and Land Development Ordinance [Chapter 22]. Except that the Township Supervisors may approve the subdivision and development of single family residential lots having no road frontage but access to a public or private road by means of an approved private access street as provided for in the Clifton Township Subdivision and Land Development Ordinance [Chapter 22].

(Ord. 1-1989, 11/18/1989, §7.1)

   Two or more principal uses or buildings located on a parcel in single ownership shall conform to all the requirements of this Chapter which would normally apply to use or to each building if each were on a separate lot.

(Ord. 1-1989, 11/18/1989, §7.2)

   Any excavations for the removal of topsoil or other earth materials, stone or mineral products must be carried out with respect for the environment, the health, safety, welfare of the neighborhood and community and meet the conditional use requirements of Part 6 of this Chapter. All mining, excavation and filling operations exceeding 1 acre in area shall comply with the following permit requirements:

      A.   The applicant shall submit a soil erosion and stream sedimentation plan in an acceptable form to the local State authorized review agency.

      B.   The applicant may be required to submit an environmental effects study defining the impact during activity. The applicant shall submit an operating plan and schedule and a reclamation plan describing the proposed reclamation conditions after the activity is completed. At a minimum, the land shall be returned to approximately the same degree of slope as the surrounding lands and shall be planted with suitably selected new trees or other plant materials to assure a successful forest growth or other suitable revegetation of the site.

      C.   The applicant will assure, and may be required to post bond to assure, the Township that the operation will be carried out in a proper manner consistent with preservation of the environment and satisfaction of appropriate State requirements and to assure maintenance of an adequate vegetative cover for a period of 5 years following conclusion of reclamation activities.

      D.   The dumping of earth, gravel or rock may be permitted in any zone or any vacant land provided that the existing grade shall not be raised more than 3 feet above the nearest road or adjacent property boundary, that hazardous or nuisance conditions are not created or that an unsightly appearance or unstable slopes are not created.

      E.   Slopes should be covered with a suitable ground cover. A maximum of a 30 percent graded incline or decline shall be permitted in relationship to existing adjoining property grades after excavation.

      F.   The Township may require an annual permit for operations which extend beyond 1 year and/or which change in character from the permit description of activity.

(Ord. 1-1989, 11/18/1989, §7.3)

   No building shall exceed the maximum height for buildings specified for the District by this Chapter. Unless otherwise regulated by this Chapter, height regulations shall not apply to spires, belfries, cupolas, domes, not used for human occupancy, nor to chimneys, ventilators, monuments, water towers, accessory windmills, masts and aerials, television antennas, and public utility structures that are not buildings, silos, chimneys, ventilators, and parapet walls extending not more than 5 feet above the regulated height of the building, skylights, bulkheads, and ornamental or necessary mechanical appurtenances. Any such structure which exceeds a height of 50 feet shall be considered a conditional use.

(Ord. 1-1989, 11/18/1989, §7.4; as amended by Ord. 3-2004, 9/11/2004, §4)

   1.   Lot Area and Yard Requirements. The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with requirements of this Chapter. No required lot area or yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this Chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made. No required lot area or area or yard shall include any road or street right-of-way either public or private.

   2.   Minimum Lot Area and Lot Area Per Dwelling Unit. Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser area, except as may be permitted in subsection .4, of this Section. Minimum lot area shall not include public or private street or road rights-of-way.

   3.   Minimum Lot Width. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than is specified in Schedule 27-2 and §§ 27-601 and 27-602 of this Chapter for the appropriate zoning district except as may be permitted in subsection .4 of this Section.

   4.   Exceptions to Minimum Lot Areas and Lot Widths.

      A.   Nonconforming Lots.

         (1)   A single principal permitted nonresidential use may be erected on any existing lot of record, providing the owner does not possess adjoining parcel or parcels; that all district regulations are met excepting minimum lot size requirements.

         (2)   Within districts where permitted, a single family dwelling structure and accessory structure may be erected on any existing lot of record, providing the owner does not own any adjoining parcel or parcels; that all district regulations are met excepting minimum lot size requirements; and that side and rear yards are not reduced more than 50 percent of the required distance or to the extent necessary, whichever is lesser.

         (3)   In the case of a nonconforming lot which is also a corner lot, an exception to the rule that front yard setbacks be observed from both streets which border the property may apply. If the nonconforming lot is of substandard size and the property owner does not own an adjoining lot, then the Zoning Officer shall determine which area shall be the front yard. This determination shall be done by establishing which portion of the lot fronts on the street with the actual or potential higher traffic volume and such determination shall be in the sole discretion of the Zoning Officer. Once this has been determined, the “side yard” which abuts the second street shall have a reduced setback of 40 feet. In the case of lots having a width of less than 125 feet, as measured from the side abutting the second street to the other side of said lot, the setback for the side abutting the second street may be further reduced in the discretion of the Zoning Officer, but in no event shall said setback be less than 20 feet. [Ord. 1-1992]

         (4)   A nonconforming lot which was improved or developed prior to the effective date of this Chapter shall not have existing structures or new additional structures constructed, enlarged or intended to encroach further into any required yard set forth in Schedule 27-2 and Part 6 of this Chapter. [Ord. 2-2003]

         (5)   Projections of accessory or principal structures or buildings into required yards shall be permitted as follows:

            (a)   Fire escapes, uncovered stairs and landings, canopies, eaves, or other architectural features not required for structural support may project into the required side, front, or rear yard not more than a total of 4 feet.

            (b)   Uncovered patios and walkways at ground level elevations may be located in the required side and rear yards not closer than 10 feet to any adjacent property line, and may project into front yards up to 15 feet.

[Ord. 2-2003]

      B.   Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the rear line of the required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70 percent of the minimum lot width except in the following situations: on cut- de-sacs or courts or street centerline curves of less than 300 feet radius where the lot frontage measured at the street right-of-way line shall not be less than 40 percent of the minimum lot width.

      C.   Steep Slopes.

         (1)   Residential Development. Each lot or an area plotted for residential use shall provide, inside of the required yards, an area containing not less than 1,000 square feet for each dwelling unit. Such area shall have an average slope no greater than 15 percent and shall be accessible from the existing or proposed street by means of a driveway or private access street having a maximum grade of 12 percent. In the case of lots utilizing an onsite sewage disposal system, in addition to such area, there shall be sufficient area for the sewage disposal field, in accordance with the Department of Environmental Protection’s regulations. Steep slope areas greater than 30 percent shall not be utilized in the calculations of minimum required lot sizes or minimum total parcel areas required for, any proposed residential use. [Ord. 3-2008]

         (2)   Nonresidential Development. Each lot plotted for industrial, commercial or other nonresidential use shall provide, inside of the required yards, an area at least equal to the projected horizontal area of the proposed building, plus the additional area required for parking in conformance with this Chapter. This area shall have an average slope no greater than 10 percent and shall be accessible from the existing or proposed street by means of adequately and properly designed service drives having a maximum grade of 8 percent. In the case of lots utilizing an on-site sewage disposal system, in addition to such area, there shall be sufficient area for the sewage disposal field and sufficient area for a replacement field in accordance with the Department of Environmental Protection regulations. [Ord. 3-2008]

      D.   Water and Wetland Areas. Bodies of surface water and wetland areas defined and designated by Federal and State agencies shall not be utilized in the calculation of, or used to meet required minimum lot sizes for any proposed residential or nonresidential use nor utilized to calculate or to meet the minimum total parcel areas required for a residential unit or other nonresidential activity. All buildings or structures shall be located not less than 50 feet from any wetland.

   5.   Spacing of Nonresidential Buildings on the Same Lot. Where two or more nonresidential principal buildings are proposed to be built on a lot in one ownership, each such building shall be separated from another such building by at least twice the minimum side yard requirement for each respective building in the zoning district.

   6.   Through Lots. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Board of Supervisors may waive the requirements for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

   7.   Front and Side Yards of Corner Lots. On a corner lot, the street side yard shall equal the required front yard for lots facing that street.

   8.   Front Yard Regulations. Where a minimum depth of front yard is specified in a district, an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure except as may be permitted elsewhere in this Chapter.

   9.   Exception to Required Front Yard for Certain Accessory Uses. Subject to subsection .11, the district’s front yard requirements shall not apply to accessory signs and off-street parking facilities.

   10.   Side and Rear Yard Requirements. Where a minimum width of side yard is specified, no building or structure shall be erected within the specified distance from either side lot line, except for permitted accessory buildings, structures and uses in each of the respective zoning districts. Where a nonresidential use is contiguous to an existing residential use or any Residential District boundary the minimum side and rear abutting yards of the nonresidential use shall be increased by 50 percent and a buffer consisting of a solid fence of wood and/or a dense evergreen planting not less than 6 feet high shall be established and maintained. Storage of equipment, supplies, products or any other materials shall not be permitted in any front yard or side yard.

   11.   Traffic Visibility Across Corners.

      A.   Sightlines at Public Street Intersections. At an intersection, a triangle area shall be graded and sight obstructions shall be removed so that vision between a height of from 2 - 10 feet above the centerline grades of the intersecting streets is not obscured Furthermore, by deed restriction, by lease restriction, or by plan amendment, whichever method is applicable, vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from 2 - 10 feet above the centerline grades of the intersecting streets. Such triangular area shall be determined by the intersecting street centerlines and a diagonal connecting two points, one at each street centerline (as shown below) each of which point is:

         (1)   One hundred feet from the intersection of such street centerlines, if either street is an arterial street.

         (2)   Seventy-five feet from the intersection of such street centerline if either street is a collector or connector street.

         (3)   Fifty feet from the intersection of such street centerlines, if both streets are minor or local access streets.

      B.   Sightlines at Private Accessway and Public Street Intersections. At each point where a private accessway intersects a public street or road, a clear-sight triangle of 10 feet measured from the point of intersection of the street line and the edge of the accessway, shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than 2 feet above the centerline grade.

      A.   The intent of the buffer and increased setback is to assure the protection of adjoining uses by providing visual barriers that block the glare of lights; reduce noise; serve as a protective barrier by blocking physical passage to dangerous areas; and reduce air pollution, dust and litter; and, to otherwise maintain and protect the character of the neighborhood.

      B.   Where a nonresidential use adjoins a R-l District or a public or private school, a public park or playground or state game lands or state forest, the required setback shall be increased by 50 percent and a buffer shall be provided.

      C.   Buffer yards shall comply with § 22-612 (Landscaping) of Chapter 22 (Subdivision and Land Development).

      D.   In the case of conditional use increased buffer intensity and width may be required.

   No land or structure in any zoning district shall be used or occupied in any manner that creates any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazards; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, electromagnetic or other radiation, or other condition in such manner or in such amount as to affect adversely the reasonable use of the surrounding area or adjoining premises.

      A.   Performance Standards Procedure.

         (1)   With the exception of residential uses, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards specified herein and applicable to such use, and affirming his agreement to conduct or operate such use at all times in conformance with such standards. Where there is reason to believe that the nature of the proposed use would make it difficult to comply with applicable standards, the Zoning Officer may require the applicant to submit plans of the proposed construction. Also, a description of the proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this Section; provided, however, that no applicant shall be required to reveal the secret details of industrial or trade data and may specify that the plans or other information submitted pursuant to this Section shall be treated as a confidential matter.

         (2)   Regardless of whether or not a use is required to comply with the procedure specified in this paragraph .A, every use shall comply with the performance standards themselves.

      B.   Noise Control.

         (1)   Definitions. The following definitions shall apply to this paragraph:

   A-weighted noise level - a single number measurement of a noise level that approximates the human ear’s response to an equal-loudness contour of 40 phons. (A “phon” is a unit of apparent loudness, equal in number to the intensity in decibels of a 1,000-hertz tone judged to be as loud as the sound being measured.)

   Background environmental noise level - the environmental noise level without the suspected offending noise source.

   Environmental noise level - the equivalent continuous noise level measured at any specified point which is representative of the noise level of that environment.

   Equivalent continuous noise level (ECNL) - the constant A-weighted noise level that would produce the same energy density exposure as a continuously varying noise level. ECNL is calculated from a series of measurements by the following formula:

   where Li is an A-weighted noise level, and ti is the time over which that level occurs, or, for measurements taken over an equal, fixed time interval:

   Intentional radiator - a source of sound, or noise source, which is designed or operated to produce sound, as its primary function. For example, sirens, air horns, and loud speaker systems are all intentional radiators.

   Noise source - a single piece of equipment, or a collection of equipment under the control and operation of a single entity, that produces noise as a consequence of its operation. A collection of equipment may not necessarily be connected or related, if they may be operated simultaneously.

   Radiated noise level - the noise produced by a single radiator, measured under controlled conditions, at a fixed distance from the radiator. Radiated noise level measurements characterize the acoustic performance of that radiator. Radiated noise levels are the subject of State and Federal regulations. For example, radiated noise levels from boats are regulated by the Pennsylvania Fish and Boat Commission using SAE Standards J2005 and J34.

   Suspect source - a noise source that may be in violation of this Chapter, identified by the nature of sound or a correlation with the times of operation and the alleged violation.

   Unintentional radiator - a source of sound, or noise source, which is not designed or operated as its primary function to produce sound, but produces sound as an unintentional byproduct of its operation. For example, chain saws, rock crushers, wood chippers, vacuum cleaners, and lawn mowers are all unintentional radiators.

         (2)   Legislative Intent. Most rural communities are noted for their low levels of environmental noise. Environmental noise is part of the character of a community, and as such is a legitimate object for municipalities to regulate under a zoning ordinance. Previous standards were based on EPA guidelines designed to protect against adverse impact on human health and activities. However, those environmental noise level limits greatly exceed the typical rural noise levels, and those limits would allow land use activities that would destroy the quiet, rural character of the community. This standard is designed to prevent the noise produced from any single property from dominating the environmental noise at any point in the Township, thereby preserving the character of the community.

         (3)   Limits.

            (a)   Between the hours of 1 p.m. and 7 a.m. (local time), no intentional or unintentional radiator shall raise the ECNL at any point in the Township outside the boundaries of the property on which it is located by more than 3 dB.

            (b)   Between the hours of 7 p.m. and 1 p.m. (local time), no intentional or unintentional radiator shall raise the ECNL at any point in the Township outside the boundaries of the property on which it is located by more than 5 dB.

            (c)   Between the hours of 7 a.m. and 7 p.m. (local time), no intentional or unintentional radiator shall raise the ECNL at any point in the township outside the boundaries of the property on which it is located by more than 10 dB.

         (4)   Measurement Equipment. All noise level measurements shall be made using a sound level meter meeting American National Standard Specification for Sound Level Meters (ANSI S1.4-1983 (R2001)/ANSI S 1.4A-1985 or the current revision of that standard) for Type 1 or Type 2 instruments. The instrument shall have been field calibrated according to the manufacturer’s directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting. For automatic recording instruments, a calibration mark shall be recorded before the start of any measurements, and reported with the other data.

         (5)   Investigation of Complaints.

            (a)   The Zoning Officer shall first determine that the complaint is valid by visiting the site of the complaint and the site of the suspect source. If the nature of the sound at the site of the complaint is not similar to the nature of the sound produced by the suspect source, and if the subjective noise levels do not correlate with the operation of the suspect source, then the Zoning Officer shall file a report noting those observations, and shall notify the complainant and the operator of the suspect source that the complaint has not been validated.

            (b)   If, by the nature of the sound, or correlation with the operation of the suspect noise source, the Zoning Officer determines a complaint to be valid, the Zoning Officer shall arrange a date and time with the complainant and the owner/operator of the suspect source to conduct a test. The test should be close to the time of day and day of week of the complaint, but shall not represent an unreasonable burden on the complainant or the owner/operator of the suspect source.

            (c)   The Zoning Officer shall conduct a background noise level measurement before and after the operation of the suspect source. At the direction of the Zoning Officer, the owner/operator of the suspect source shall operate the equipment according to normal operating procedures according to design limits, or the maximum approved limits of the conditional use approval, whichever is lower, for the duration of the test.

The owner/operator may be required to operate the equipment in any mode or for any use that the equipment is normally or occasionally used. The owner/operator shall not be required to operate the equipment in any manner inconsistent with the design or normal use, nor in any unsafe manner.

   The background noise level shall be the power weighted average of the two background level measurements, calculated using the formula:

         (6)   Measurement of Background Environmental Noise Levels. The background environmental noise level shall be measured without the suspect source in operation. The weather conditions at the time of measurement shall be as near the weather conditions reported at the time of the complaint (wind direction and speed, temperature, temperature gradient, etc.). Background activities shall be representative of those expected in the neighborhood for the time of day and day of the week.

   Measurements of the background environmental noise level shall be made for the length of time the suspected offending source will be in operation, but need not be any longer than 15 minutes. If manual measurements are being taken, the measurements shall be recorded every 15 seconds. If an automatic recording device is being used, the recording interval shall be one second, or the closest fixed or variable interval allowed by the meter and recording equipment.

         (7)   Operation of Intentional Radiators for Test. The environmental noise level with an intentional radiator shall be measured with the suspect source in operation according to the following options:

            (a)   Mechanical or pneumatic sources shall be operated at the design speed, amplitude or pressure, and with all units in operation (depending on the equipment specification), or the approved speed, amplitude or pressure, and with the maximum number of units allowed from the conditional use approval.

            (b)   Electrical powered sources shall be operated from the normal power supply at the design voltage, or the approved supply voltage from the conditional use approval.

            (c)   Electronic sources shall be operated from the normal power supply, at the design power output, into the design load, with all normally connected speakers in operation. If the system is subject to a conditional use approval, the system shall be operated at the approved power output, not the design power output. If the program is selectable, a 1000 Hz tone or the closest available constant level signal shall be selected for the test.

         (8)   Measurement of Intentional Radiators. The weather conditions at the time of measurement should be as near as possible to the weather conditions reported at the time of the complaint (wind direction and speed, temperature, emperature gradient, etc.). Background activities should be representative of those expected in the neighborhood for the time of day and day of the week. These measurements should be conducted within a few minutes of obtaining the background noise level measurements.

   Measurements of the equivalent continuous noise level with the suspect source in operation shall be made for the length of time the suspect source will normally be in operation, but in any case shall not be less than 2 minutes, and need not be longer than 10 minutes. If manual measurements are being taken, the measurements shall be recorded every 10 seconds. If an automatic recording device is being used, the recording interval shall be one second, or the closest fixed or variable interval allowed by the meter and recording equipment.

         (9)   Operation of Unintentional Radiators for Test. The environmental noise level with an unintentional radiator shall be measured with the suspect source in operation at its design or approved conditional use capacity (tons per hour, cubic feet per minute, etc.), with design supply conditions (voltage, current, pressure, speed, etc.).

         (10)   Measurement of Unintentional Radiators. The weather conditions at the time of measurement should be as near as possible to the weather conditions reported at the time of the complaint (wind direction and speed, temperature, temperature gradient, etc.). Background activities should be representative of those expected in the neighborhood for the time of day and day of the week. These measurements should be conducted within a few minutes of obtaining the background noise level measurements.

   Measurements of the equivalent continuous noise level with the suspect source in operation shall be made for the length of time the source will normally be in operation, but in any case shall not be less than 5 minutes, and need not be any longer than 15 minutes. If manual measurements are being taken, the measurements shall be recorded every 15 seconds. If an automatic recording device is being used, the recording interval shall be one second, or the closest fixed or variable interval allowed by the meter and recording equipment.

         (11)   Report. The Zoning Officer’s report shall include:

            (a)   The instrument type, serial number, field calibration date, time, background noise level, calibration level and any adjustments made during the most recent field calibration of the sound level meter.

            (b)   The type and serial number of the field calibrator used at the last field calibration of the sound level meter.

            (c)   The location of the environmental noise level measurements, by latitude and longitude or by other descriptive terms that would allow someone unfamiliar with the complaint to locate, unambiguously, the measurement point on the ground, or on a map.

            (d)   The location of the suspect source, by latitude and longitude or by other descriptive terms that would allow someone unfamiliar with the complaint to locate, unambiguously, the measurement point on the ground, or on a map.

            (e)   A description of the suspect source in operation, sufficient to allow someone to recreate the conditions of the test.

            (f)   The weather conditions at the time of measurement, including temperature, relative humidity, wind speed and direction, cloud cover, and an impression of the temperature gradient.

            (g)   The time at which background environmental noise level measurements were started and stopped.

            (h)   The time at which the operation of the suspect source was started and stopped, and when measurements were started and stopped.

            (i)   For manual measurements:

               1)   A table of times and sound levels as reported on the meter.

               2)   The calculated ECNL for each set of measurements.

            (j)   For automatic measurements:

               1)   A notation of the time the instrument was started and the time stopped.

               2)   The reported ECNL.

               3)   If the instrument can report each data point, an electronic form of the data, including each measurement time and level, and a description of the data format shall be retained as a supplement to the report.

               4)   A calibration mark using the field calibrator.

            (k)   A list of witnesses or other persons present during the measurements.

            (l)   Any additional comments from the complainant, witnesses or the operator/owner of the suspect equipment or sources.

         (12)   Studies for Proposed Use. Applicants for a specific proposed use shall be required to demonstrate that the proposed use will not violate the standards in this paragraph .B by providing documentary evidence as follows:

            (a)   Engineering studies which estimate the environmental noise levels from the proposed equipment operations and the impact of mitigation measures applied to the equipment and/or site.

            (b)   Environmental noise measurements from similar operations and sites (same number and types of equipment, comparable topography and prevailing weather conditions).

   Given the inherent vagaries of acoustic predictions and the variability of acoustic measurements, the Board of Supervisors may apply conditions which are more conservative than would be indicated by the studies. In any case, the acceptance of proposed control or mitigation measures does not relieve the applicant from complying with the standards provided in this chapter and/or a conditional use approval.

         (13)   Exceptions. These standards do not apply to:

            (a)   Radiated noise levels for vehicles or other operations subject to State or Federal preemption, however, the operators of violating sources may offer modifications to radiated noise levels of equipment as a curative means.

            (b)   The operation of lawn mowers, leaf blowers, string trimmers, chain saws, and other small yard maintenance equipment between 8 a.m. and 6 p.m. local time.

            (c)   Emergency equipment and signals.

            (d)   Emergency operations of any kind, including, but not limited to, road repairs, utility repairs, response to accidents, injuries, fires, flooding, or hazardous material spills.

            (e)   Short duration activities such as construction or repair of facilities or infrastructure.

[Ord. 2-2010]

      C.   Vibration Control. Operating or permitting the operations of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way shall be prohibited. For the purposes of this Section, “vibration perception threshold” means the minimum ground or structure borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

      D.   Outdoor Storage Control.

         (1)   No flammable or explosive Liquids, solids, or gases shall be stored in bulk above the ground except for tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel.

         (2)   All outdoor storage facilities for fuel, raw materials, and products stored outdoors, including those permitted in subparagraph (1) above, shall be enclosed by a fence of a type, construction and size as shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also of screening and the screening shall preferably be evergreens. All National Office of Safety and Health Administration (OSHA) regulations shall be met.

         (3)   No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Applicable Department of Environmental Protection regulations shall apply. [Ord. 3-2008]

         (4)   All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. Applicable Pennsylvania regulations and National OSHA regulations shall apply.

      E.   Sewage Waste Treatment and Disposal Control. All methods of sewage and waste treatment and disposal shall be approved by the Pennsylvania Department of Environmental Protection and in accordance with the sewage plan for the Township. The standards of such regulations, or the following, whichever is more restrictive, shall apply. [Ord. 3-2008]

         (1)   There shall be no discharge of any toxic substance, gasoline, benzene, naphtha, fuel, oil, or other flammable or explosive liquid, solid or gas, any liquid having a temperature higher that 1500ºF. or any matter containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any solid or viscous substance capable of causing obstructions or other interference with the proper operation of a sewage treatment plant, or any liquid having a ph lower than 7.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel, or material which would be harmful to the treatment of sewage.

         (2)   Acidity and alkalinity of wastes shall be neutralized with a ph 7.0 as a daily average on a volumetric basis, with a temporary variation of ph 7.0 to 9.0.

         (3)   Wastes shall contain no cyanides and no halogens, and shall not contain more than 10 ppm of the following gases: hydrogen sulfide, sulfur dioxide and nitrogen dioxide.

         (4)   Wastes shall not contain any insoluble substances in excess of 10,000 ppm, or exceed a daily average of 500 ppm, or fail to pass a No. 18 sieve, or have a dimension greater than 0.25 inch.

         (5)   Wastes shall not have:

            (a)   A chlorine demand in excess of 15 ppm.

            (b)   Phenols in excess of 0.0005 ppm.

            (c)   Grease fats or oils, or any oily substance in excess of 100 ppm or exceeding a daily average of 25 ppm.

      F.   Dust, Dirt, Smoke, Vapors, Gases, Odors, Glare and Heat Control.

         (1)   The air pollution control regulations promulgated by the State Air Pollution Control Act, as amended 35 P.S. §4001 et seq., shall be used to control the emissions of dust, dirt, smoke, vapors, gases, odors, glare and heat in the Township.

         (2)   The regulations are part of 25 Pa.Code, Chapter 121 et seq.

      G.   Light, Glare and Heat Control. No use shall carry on an operation that will produce light, heat or glare perceptible beyond the property line of the lot on which the operation is situated.

      H.   Electric, Diesel, Gas or Other Power. Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, or if visible from abutting residential properties, shall be concealed by evergreen planting.

      I.   Control of Radioactivity or Electrical Emissions or Electrical Disturbances. Activities which may emit radioactivity beyond enclosed areas shall comply with the codes of the Pennsylvania Department of Environmental Protection’s Division of Radiology. The Federal Nuclear Regulatory Commission shall also regulate the control of radioactive material associated with any activity in the Township. No electrical disturbances (except from domestic household appliances) shall be permitted to adversely affect any equipment at any time other than the equipment creating the disturbance. [Ord. 3-2008]

   1.   Minimum Widths Established. Minimum rights-of-way widths are established for roads where the existing right-of-way is less than that indicated below for the particular class of road. The future right-of-way shall be measured from the centerline of the existing road. All front yards and other appropriate yards shall be measured from the future right-of-way line.

   2.   Street Classifications. Streets are classified in § 27-302.

   3.   Minimum Widths. Minimum future rights-of-way shall be provided as specified in Table 22-1 “Design Standards for Streets” in the Clifton Township Subdivision and Land Development Ordinance [Chapter 22].

(Ord. 1-1989, 11/18/1989, §7.7)

   In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following special provisions shall apply:

      A.   Off-Street Parking. All areas for off-street parking, off-street loading and unloading, and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting strip, wall, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out on the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent back-up of vehicles on a public street while awaiting entry to the lot.

      B.   Access. Each use with less than 100 feet of frontage on a public street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on a public street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access to a major street.

      C.   Large Developments. In the case of a shopping center, office complex, group of multiple family dwellings or similar grouping or buildings on a lot, and in any other case where practicable:

         (1)   All buildings shall front upon a marginal access street, service road, common parking lot or similar area and not directly upon a public street.

         (2)   All points of vehicular access to and from a public street shall be located not less than 200 feet from the intersection of any public street lines with each other, provided, however, that such a point of vehicular access, which in effect converts a “T” intersection into an intersection of two streets which cross one another, shall be permitted.

         (3)   Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the unified development, without undue congestion to, or interference with normal traffic flow within the Township.

         (4)   All streets and accessways shall conform to the specifications determined by the Township Engineer and the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22]. Provision shall be made for adequate signalization, turn, standby and declaration lanes, and similar facilities where desirable.

      D.   Nighttime Illumination. All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, designed for use by more than three cars after dusk, other than those related to an individual dwelling, shall be illuminated during night hours in accordance with the recommendations of the Society of Illuminating Engineers, at no cost to the Township. All lighting shall be arranged to prevent glare into adjoining properties and streets.

      E.   Reverse Frontage Encouraged. Direct vehicular access shall be strongly discouraged onto any collector or arterial highway and reverse frontage encouraged.

(Ord. 1-1989, 11/18/1989, §7.8)

   1.   Registration of Nonconforming Uses and Structures. The Township Zoning Officer shall, upon adoption of this Chapter, identify and register all nonconforming uses and structures.

   2.   Continuation. All structures, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this Chapter shall be regarded as nonconforming and the following regulations shall apply to them.

   3.   Alteration or Extension.

      A.   Nonconforming Structure.

         (1)   Nonconforming structures may be altered, reconstructed, or enlarged provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity more than 50 percent of the structure on the effective date of this Chapter.

         (2)   In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of subsection .3.C.

         (3)   Such alteration, reconstruction, extension or enlargement shall be permitted only by special exception under the provisions of § 27-1009 and shall be heard by the Zoning Hearing Board.

      B.   Nonconforming Lots.

         (1)   Where a nonconforming lot exists as a separate entity at the time of passage of this Chapter, and where the owner of the nonconforming lot does not own an adjoining lot, development is permitted according to provisions of § 27-705.4.A.

         (2)   Contiguous nonconforming lots under the same ownership shall not be separated or subdivided if a lot or parcel area or dimension nonconformance would be created by the separation or subdivision. Where contiguous nonconforming lots under the same ownership would comprise a conforming lot for any proposed use, those lots shall be legally joined by conveyance into an integral parcel or lot at time of sale or transfer of such parcels or at the time of application for a zoning or building permit.

      C.   Nonconforming Uses. Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:

         (1)   Such alteration, reconstruction, extension, enlargement or increase in activity through increase in occupancy, business volume, clientele, traffic, parking or otherwise shall be permitted only by special exception under the provisions of §27- 1009, Zoning Hearing Board. [Ord. 2-2003]

         (2)   Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming.

         (3)   Any increase in volume or area of any building structure or lot area used by a nonconforming use shall not exceed an aggregate of more than 50 percent of volume or floor area or lot area in use at the time of enactment of this Chapter during the life of the nonconformity. [Ord. 1-1996]

         (4)   Any nonconforming use which increases its activity through occupancy, business volume, clientele, traffic or otherwise, more than an aggregate of 20 percent from the date of adoption of this Chapter shall be required to submit plans and other required supplemental information to the Zoning Officer indicating that the nonconforming use will meet all applicable parking, signage, general performance standards and other applicable regulations to the greatest extent possible. [Ord. 2-2003]

      D.   Restoration. A nonconforming building or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within 1 year from the date the building was destroyed or condemned and shall be carried on without interruption or else the nonconforming building or use shall be deemed to be abandoned.

      E.   Ownership. Whenever a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner. However, the new owner shall re-register the nonconforming use within 60 days after final settlement.

      F.   Abandonment. If a nonconforming use of a building or land is discontinued or abandoned for 12 consecutive months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with § 27-1009 and that such approved use be initiated within 30 days after the end of the 12 months.

      G.   Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the Zoning Hearing Board and subject to the following conditions:

         (1)   The applicant shall show that a nonconforming use cannot reasonably be changed to a conforming use.

         (2)   The applicant shall show that the proposed change will be equally less objectionable in external effects than the existing nonconforming use, with respect to or more appropriate than the existing nonconforming use with regard to:

            (a)   Traffic generation and congestion including truck, passenger car, bicycle and pedestrian traffic.

            (b)   Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.

            (c)   Storage and waste disposal.

            (d)   Appearance.

      H.   District Changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.

(Ord. 1-1989, 11/18/1989, §7.9; as amended by Ord. 1-1996, 4/13/1996, §5; and by Ord. 2-2003, 10/11/2003, §18)

   A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:

      A.   The life of such permit shall not exceed 1 year.

      B.   Such structure or use shall be removed completely upon expiration of the permit without cost to the Township.

(Ord. 1-1989, 11/18/1989, §7.10)

   In order to promote the public health, safety and welfare of occupants residing in residential dwelling structures on a permanent, seasonal or part-time basis, the following minimum floor areas for human habitation shall be required in all dwelling units designed for permanent occupancy.

      A.   Single Dwelling Unit Structures. Minimum floor space for human habitation in a detached structure containing only one dwelling unit shall be 720 square feet.

      B.   Two Or More Dwelling Unit Structures. Minimum floor space for human habitation in any structure containing two or more dwelling units shall meet the following requirements:

 

 

No dwelling unit shall be less than 12 feet wide.

(Ord. 1-1989, 11/18/1989, §7.11)

   1.   Any lot or parcel of land proposed for residential use, either permanent, seasonal, part-time or recreational by means of a permanent or movable housing structure or recreational vehicle shall be improved to certain minimum requirements prior to issuance of a residential occupancy permit.

   2.   The minimum required improvements shall include:

      A.   A safe potable water supply and delivery system.

      B.   A sewage disposal system which meets all State and Township requirements.

      C.   Required off sheet parking spaces.

      D.   Power supply facilities approved by the local utility company.

(Ord. 1-1989, 11/18/1989, §7.12)

   Any development proposed within floodplain areas is required to meet any applicable requirements of the Clifton Township Floodplain Regulations.

(Ord. 1-1989, 11/18/1989, §7.13)

   1.   All requirements of the Lackawanna River Watershed Stormwater Management Plan and Ordinance shall be met for any proposed development project located within an area of jurisdiction of this plan and ordinance.

   2.   All requirements of any other watershed stormwater management ordinance which the Township may adopt in the future shall be met by any proposed development project within this Chapter’s areas of jurisdiction.

   3.   Any development projects proposed within Clifton Township outside of the areas of jurisdiction of any adopted watershed stormwater management ordinance Pennsylvania Act 167, the Watershed Stormwater Management Act, 32 P.S. §680.1 et seq., and 25 Pa.Code, Chapter 102, requirements for erosion and sedimentation control. Applicants for zoning and building permits for such projects shall prepare and submit drainage control plans which meet site applicable requirements of § 22-502.6 of the Clifton Township Subdivision and Land Development Ordinance. Projects limited to a single family residential structure, private residential garages, and other residentially related accessory buildings are exempt from this plan submittal requirement unless requested by the Zoning Officer based upon specific site characteristics and/or proposed site development plans.

(Ord. 1-1989, 11/18/1989, §7.14; as added by Ord. 3-1993, 7/10/1993, §1)

   Mobile homes shall comply with the following requirements:

      A.   All mobile homes placed on single family lots or within mobile home parks shall meet the specifications for manufacture of mobile homes set forth in United States Standard Institute for Mobile Homes, U.S.A. Standard A1 19.1-1969, NFPA No. 501 B- 1968 and all subsequent modifications and amendments of said standards. Building and zoning permits shall be required for the location or relocation of any mobile home.

      B.   Mobile homes placed upon single family lots outside of mobile home parks shall meet the following requirements:

         (1)   Mobile homes shall contain a minimum of 720 square feet of living space.

         (2)   Mobile homes shall be installed upon a foundation consisting of five pairs of concrete piers installed to frost level, a perimeter foundation of poured concrete or block construction or a concrete slab.

         (3)   Mobile homes shall have the wheels, axles and hitches removed prior to placement. The mobile home must be fully secured to the foundation with anchors.

         (4)   Mobile homes shall comply in all respects with the requirements set forth in this Chapter for single family residences in the various districts.

         (5)   Mobile homes shall be enclosed from the bottom of the mobile home to the ground or stand.

      C.   Mobile homes placed within mobile home parks shall meet the requirements of the Township ordinance governing the Maintenance and Operation of Mobile Home Parks [Chapter 14].

(Ord. 1-1989, 11/18/1989; as added by Ord. 2-2003, 10/11/2003, §19)

   1.   Modular homes shall be installed upon a full continuous masonry foundation with appropriate frost-free footers and shall have permanent steps to all doorways.

   2.   Modular homes shall have all wheels, axles and hitches, required for transportation, removed prior to placement upon the permanent foundation. The modular home shall be fully secured to said masonry foundation.

   3.   Modular homes shall comply in all respects with the requirements set forth in this Chapter for single family residences in the various districts.

(Ord. 1-1989, 11/18/1989; as added by Ord. 2-2003, 10/11/2003, §20)