Collier Township City Zoning Code
PART 21
SUPPLEMENTAL REGULATIONS
§ 27-2101 Applicability.
[Ord. 687, 8/12/2015]
The supplemental regulations in this Part supplement the requirements of Parts 4 through 17 governing each zoning district and shall apply to all uses in all zoning districts.
§ 27-2102 Performance Standards.
[Ord. 687, 8/12/2015]
The following performance standards shall apply to all uses in all zoning districts except for permitted principal and accessory uses in residential districts. All other uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board of Commissioners or Zoning Hearing Board may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.
2102.1.
Fire Protection. Fire prevention and firefighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
2102.2.
Electrical Disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
2102.3.
Noise.
A.
No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
(1)
Residential Districts: At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA for more than four hours during a twenty-four-hour equivalent period.
(2)
Commercial/Business Park Districts: At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA for more than eight hours during a twenty-four-hour equivalent period.
(3)
Industrial Districts: At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA for more than eight hours during a twenty-four-hour equivalent period.
B.
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most-restrictive noise level standards shall govern.
C.
The following uses or activities shall be exempted from the noise regulations:
D.
In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
2102.4.
Vibrations. Vibrations detectable without instruments on neighboring property in any zoning district shall be prohibited.
2102.5.
Odors. No use shall emit odorous gas or other odorous matter in such quantities as to be offensive at any point on or beyond the lot lines. The guide for determining such quantities shall be the 50% response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals," October, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
2102.6.
Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke, ash, dust, fumes, vapors or gases with a shade darker than No. 3 on the Standard Ringlemann Chart issued by the United States Bureau of Mines; nor shall there be any emission at any point from any source which can cause damage to health, to animals or vegetation or to other forms of property or which can cause excessive soiling at any point.
2102.7.
Lighting and Glare. All lighting devices shall be designed with shields, reflectors or refractor panels which direct and cut off light at a cutoff angle that is less than 60°. (See illustration in Appendix B.[1])
A.
No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. In general, lighting fixtures that shield the reflector or lens or any high-brightness surface from viewing angles above 60° from horizontal shall be utilized.
B.
All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance to any adjacent use and roadway. All luminaries and fixtures shall be equipped with a glare-shielding device, cutoff downward cast in the case of freestanding area lighting, approved by the Township Engineer. The height of all luminaries must also be approved by the Township Engineer. Intensity of outdoor lighting shall be limited within usable areas of a site (i.e., parking, walkways, etc.) to an average intensity at the ground of one footcandle with a maximum intensity at any given point on the ground of five footcandles, unless otherwise approved by the Board of Commissioners.
C.
The height of a luminary shall be limited as follows:
(1)
In any residential district, the maximum height permitted shall be 20 feet.
(2)
In any other district, the maximum height shall be 25 feet, except where otherwise specified.
(3)
Ball diamonds, playing fields and tennis courts having a unique requirement for nighttime visibility may be exempted from § 27-2102.7B and C if, in the judgment of the Board of Commissioners, their limited hours of operation and the location of the luminaries will adequately protect neighboring residential uses.
(4)
The Board of Commissioners may further limit the height of luminaries when it is determined that proposed lighting may have a detrimental impact upon nearby properties.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
2102.8.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
2102.9.
Water Pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (PA DEP).
2102.10.
Determination of Compliance with Performance Standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
2102.11.
Continuing Enforcement.
A.
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Commissioners, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
B.
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 27-2602 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
§ 27-2103 Buffer Areas and Landscaping.
[Ord. 687, 8/12/2015]
2103.1.
Buffer Areas Described. Buffer areas, as defined by this chapter and required by § 27-2103.2, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.[1])
A.
Buffer Area A shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen plantings spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The depth of Buffer Area A shall be 35 feet as measured from the property line.
B.
Buffer Area B shall contain one row of plantings which shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The depth of Buffer Area B shall be 25 feet as measured from the property line.
C.
Buffer Area C shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature and that are a minimum of six feet in height at the time of planting. The depth of Buffer Area C shall be 15 feet as measured from the property line.
D.
None of the required plantings shall encroach across any property line. All plantings shall be located so that, at maturity, all parts of the tree shall be a minimum of 2 1/2 feet from any public street right-of-way or any property line which constitutes the exterior boundary of the buffer area.
E.
In the event that existing vegetation and/or existing topography provides screening which is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the Board of Commissioners, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Board of Commissioners to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
F.
In the event that a public street right-of-way, dedicated and accepted by the Township, separates the two dissimilar uses specified, the buffer area shall not be required; except when one of the uses is residential, the buffer area shall still be required.
G.
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 27-2104.4 of this chapter.
H.
No structures or uses shall be permitted in the required buffer area, other than active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
2103.2.
Buffer Areas Required. Buffer Areas A, B and C listed in § 27-2103.1 above shall be required under the following circumstances:
A.
Buffer Area A:
(1)
Along all property lines where any development in the B-1, B-1-A, PEDD or I-1 District adjoins property in an S-C, R-1, R-2, R-2-A, R-3, R-4 or R-5 District.
(2)
Where the express standards and criteria for a specific use in § 27-1906 of this chapter specify that Buffer Area A is required.
(3)
Along all property lines where a planned residential development adjoins property in an R-1, R-2, R-2-A, R-3 or R-4 District.
(4)
Along all property lines where multifamily dwellings adjoin property in an R-1, R-2, R-2-A, or R-4 District.
B.
Buffer Area B:
(1)
Along all property lines where any development in the B-2, B-3 or B-4 District or any proposed nonresidential development in an R-4 District adjoins property in an S-C, R-1, R-2, R-2-A, R-3, R-4 or R-5 District.
(2)
Where the express standards and criteria for a specific use in § 27-1906 of this chapter specify that Buffer Area B is required.
(3)
Along all property lines where a planned shopping center adjoins property in an I-1 District.
(4)
Along all side and rear property lines between two lots in the PEDD District.
C.
Buffer Area C:
(1)
Where the express standards and criteria for a specific use in § 27-1906 of this chapter specify that Buffer Area C is required.
(2)
On developed nonresidential properties in the R-4, B-1 or B-2 District where existing conditions, such as building location and existing paving of the parking lot, make it impossible to meet the requirements for Buffer Area B along a property line which adjoins property in the R-1, R-2, R-2-A, R-3 or R-5 District or an existing single-family dwelling in the R-4 District.
2103.3.
Conflict Between Buffer Area and Yard Requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of Parts 4 through 17, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
2103.4.
Existing Structures in Buffer Areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area, as determined by § 27-2103.2, shall apply on all other sides of the existing structure.
2103.5.
Existing Trees in Buffer Areas.
A.
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
B.
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. (See Appendix D for a suggested list of plant materials.[2]) All such replacement plantings shall be in accordance with accepted conservation practices.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
2103.6.
Size of Trees in Required Buffer Areas.
A.
Any existing trees within the required buffer area which are a minimum of four inches in diameter at diameter breast height (DBH) shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
B.
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting, measured from the ground adjacent to the planted tree to the top of the tree.
2103.7.
Responsibility for Maintenance. It shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
2103.8.
Stormwater Management Facilities in Buffer Areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
2103.9.
Landscaping of Open Areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding shall occur within two weeks of April 1.
2103.10.
Additional Landscaping Specifications. Landscaping shall be provided in accordance with the following specifications:
A.
Planting required in buffer areas as outlined in § 27-2103.2 shall not be substituted for any required planting mandated in this section.
B.
A landscaping plan, with detailed drawings, shall be submitted with the final application for approval of the land development plan required by the Township Subdivision and Land Development Ordinance [Chapter 22], and this landscaping plan shall contain and show the following information:
(1)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub), drawn to scale and identifying the height and width of any proposed mounds.
(2)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.), drawn to scale.
(4)
Any existing trees or vegetation which are to be preserved, accurately identifying their relative location.
(5)
Any existing trees or vegetation which will be removed, accurately identifying their relative location.
C.
Parking areas shall be landscaped in accordance with the following requirements:
(1)
In the event that a parking area containing 10 or more spaces is not already separated from property in an S-C or R Zoning District by a buffer area, then Buffer Area C, as defined by § 27-2103.1, shall be provided along any property line where the parking area adjoins property in an S-C or R Zoning District.
(2)
In a planned shopping center, if parking is located in a required front yard, the parking area shall be located at least 20 feet from the public street right-of-way. In all other land developments, if parking is located in a required front yard, the parking area shall be located at least 12 feet from the public street right-of-way. In all cases, the area between the street right-of-way and the parking area shall be landscaped with an earthen mound that is a minimum of two feet in height and a mix of landscaping materials from the List of Suggested Plant Materials in Appendix D,[3] including ground cover, trees and shrubs. The location of these landscaping materials shall not obstruct visibility for traffic entering or leaving the site and shall comply with the clear sight triangle requirements of § 27-2104.4.
[3]
Editor's Note: Appendix D is included as an attachment to this chapter.
D.
In any nonresidential development, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required buffer area or parking area.
Building Footprint (square feet) | Requirement | |
|---|---|---|
1,000 to 30,000 | 1 tree for each 1,000 square feet of building footprint | |
30,001 to 75,000 | A minimum of 30 trees plus 1 tree for each 3,000 square feet of building footprint in excess of 30,000 square feet | |
Over 75,000 | A minimum of 45 trees plus 1 tree for each 5,000 square feet of building footprint over 75,000 square feet |
The required trees shall be planted in clusters on the site and shall be distributed throughout the site to enhance the green space on the site. The final location of the plantings shall be subject to approval by the Township depending on the size of the site, the magnitude of the required buffer area and the amount of paving and building coverage proposed. |
E.
In any development which contains multifamily dwellings, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required buffer area or parking area.
Number of Dwellings | Required Trees | |
|---|---|---|
First 25 dwelling units | 1 tree for each dwelling unit | |
26 to 100 dwelling units | 25 trees plus 1 tree for each dwelling unit in excess of 25 dwelling units | |
101 to 200 dwelling units | 37 trees plus 1 tree for each 3 dwelling units in excess of 100 dwelling units | |
201+ dwelling units | 70 trees plus 1 tree for each 4 dwelling units in excess of 200 dwelling units |
The required trees shall be planted as front yard trees or may be clustered in groups around the dwelling units and shall not be located within any public street right-of-way. |
F.
All trees which are required to be planted as per the regulations of this § 27-2103.10 shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
G.
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. Imminent development shall be considered to be development which is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight-hours-per-day, forty-hours-per-week basis (utilizing a five-day-on, two-day-off standard workweek basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Township.
H.
Any existing trees which are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
I.
Following the completion of construction in any zoning district, all yard areas, including those on single-family lots, not utilized for structures, driveways, planting strips or parking facilities shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such cases, the required seeding or sodding shall occur by April 15.
2103.11.
Posting of Bond for Landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of 18 months from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
§ 27-2104 Special Yard Requirements.
[Ord. 687, 8/12/2015]
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:
2104.1.
Corner Lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards.
2104.3.
Accessory Structures. In all zoning districts, the following regulations shall apply to accessory structures:
A.
Private Swimming Pools Accessory to a Dwelling.
B.
Private Sports Courts Accessory to a Dwelling.
(1)
Sports courts accessory to a dwelling shall be located only in a side or rear yard and shall be no closer to the side or rear property line than 20 feet.
(2)
Lighting of the sports court shall not be permitted.
(3)
All sports courts shall be enclosed by a fence which is a minimum of 10 feet in height and a maximum of 12 feet in height and which shall contain openings equal to 50% or more of the surface area of the fence.
(4)
The area of the sports court shall not exceed 50% of the total area of the rear yard.
C.
Fences and Walls.
(1)
In residential zoning districts, fences and walls no greater than six feet in height shall be permitted in the required rear or side yards.
(2)
In residential zoning districts, fences and walls which contain openings equal to at least 75% of the surface area of the fence and which are not more than four feet in height shall be permitted in the required front yard.
(3)
In the S-C, B-1, B-1A, B-2, B-3 and B-4 Commercial Districts and PEDD Planned Economic Development Districts, the maximum height of a fence or wall shall be eight feet.
(4)
In the I-1 Industrial District, the maximum height of a fence or wall shall be 10 feet.
(5)
Fences are not subject to the minimum yard setback requirements and may be located up to the property line, except in areas where they are adjacent to public streets, in which case fences shall be required to be located a minimum of two feet from the back of curb or edge of pavement. The finished side of the fence shall face the adjoining property or public street where applicable.
(6)
All fences shall be constructed of customary fencing materials, but shall exclude chain-link fencing in front yards in the S-C, R-1, R-2, R-2-A, R-3, R-3-A, R-4 and R-5 Zoning Districts. In no areas of any yard shall fencing ordinarily used for construction activity, such as silt fences or temporary construction fences, be permitted, except during the time when such construction activity is being performed.
(7)
All walls, fences and buffer areas or landscaping material shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with the clear sight triangle required by § 27-2104.4.
D.
Radio or Television Antennas. A radio or television antenna for personal use by private citizens shall be permitted as an accessory use, subject to the following requirements, except as these provisions may be superseded by any applicable Federal Communications Commission (FCC) ruling:
(1)
A radio or television antenna structure may be mounted on a roof or installed in a rear yard only, provided that no such structure shall be located within 20 feet of any property line.
(2)
The maximum height for such structure shall not exceed that otherwise allowed in the zoning district in which it is located by more than 20 feet. If placed on a roof, any antenna exceeding eight feet shall be mounted with guide wires.
(3)
Any such structure shall comply with applicable airport zoning and Federal Communications Commission regulations.
(4)
Radio or television antenna structures located on the ground shall be screened from adjacent properties by evergreen trees or other suitable material, as approved by the Township.
E.
Canopies and Similar Structures.
(1)
Canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel dispensing areas accessory to authorized uses in all commercial and industrial districts, provided that:
(a)
Such structure shall not be attached to the principal building;
(b)
Such structure shall be located at least 10 feet from any property line or street right-of-way;
(c)
Such structure shall not be enclosed; and
(d)
Such structure shall be removed immediately once the principal use or the use of the accessory structure is discontinued.
F.
Residential Accessory Storage Structures and Detached Garages.
(1)
No detached garage or storage structure accessory to a dwelling shall be located in the minimum required front yard.
(2)
In the R-4 District, storage structures accessory to a dwelling shall be located at least five feet from the side and rear property lines. In all other R Districts and the S-C District, storage structures accessory to a dwelling shall be located at least five feet from the rear property line and at least 10 feet from the side property lines.
(3)
On nonconforming lots that have lot widths that are at least 10 feet less than the minimum lot width required in the zoning district, a detached garage or storage structure may be located no closer than three feet to the side property line in the R-4 District and no closer than five feet to the side property line in all other R Districts and the S-C District.
G.
Structures Accessory to Nonresidential Structures and Buildings.
(1)
No structure accessory to a nonresidential building or structure, other than a sign or off-street parking area, shall be located in the front yard. Signs and off-street parking areas shall be subject to the requirements of Parts 22 and 23.
(2)
Structures accessory to nonresidential buildings or structures shall not be located within any required buffer area.
(3)
Where a buffer area is not required, all structures accessory to nonresidential buildings or structures shall be located at least 10 feet from the rear property line and at least 20 feet from the side property lines.
H.
Distance from Principal Building. All accessory storage structures and garages shall be located at least 10 feet from any principal building, except that a detached garage may be connected to the principal building by contiguous side walls, breezeways or similar connections.
2104.4.
Visibility at Intersections. No object, including, without limitation, fences, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet, as measured from the lowest elevation of the center line of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required at the intersection of two streets or the intersection of a nonresidential driveway with a public street. The required clear sight triangle is illustrated in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
§ 27-2105 Permitted Projections into Required Yards.
[Ord. 687, 8/12/2015]
The following shall be permitted to project into any required yard in any zoning district:
2105.1.
Typical architectural features, including, but not limited to, bay windows, windowsills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.
2105.2.
Decks and their stairs, stoops and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into required front and side yards no more than three feet and shall be no closer to the rear property line than 20 feet, unless where facing an I-1 Industrial District in which case such projections may be no closer to the rear property line than 10 feet. Porches that have a roof or that are enclosed or have enclosed habitable foundations shall be subject to the yard requirements for the principal structure.
[Amended by Ord. No. 725, 6/27/2022]
2105.3.
Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than three feet.
§ 27-2106 Height Exceptions.
[Ord. 687, 8/12/2015]
The height limitations of this chapter shall not apply to the following structures: church spires, chimneys, elevator bulkheads and other mechanical equipment which is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures and other structures not intended for human habitation which do not exceed the height limitations of the zoning district by more than 15 feet.
§ 27-2107 Drive-Through Facilities.
[Ord. 687, 8/12/2015]
All businesses which propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:
2107.1.
Drive-through facilities proposed on parcels within a planned shopping center shall have access only from the interior circulation system within the planned shopping center site. All other properties shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
2107.2.
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in one lane, with a total length of 100 feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.
2107.3.
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
2107.4.
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
§ 27-2108 Temporary Construction Trailers, Model Homes or Sales Offices.
[Ord. 687, 8/12/2015]
Temporary construction trailers or model homes or sales offices shall be permitted in any zoning district, subject to the following conditions:
2108.1.
Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit or under Township approval to install public improvements. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements in a plan of subdivision. In the event that construction is phased, the temporary construction trailer shall be moved from the completed phase to the next phase when 90% of the required improvements in the completed phase have been installed as determined by the Township Engineer.
2108.2.
Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase.
2108.3.
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 27-2607 prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.
2108.4.
Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjoining residential use.
2108.5.
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use whatsoever.
2108.6.
No signs or other advertising materials for the project shall be attached to the temporary construction trailer; however, the name of the construction company may appear on the trailer.
2108.7.
Class 3 materials, as classified by the National Fire Protection Association (NFPA), shall not be stored in temporary construction trailers.
2108.8.
Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line adjoining a residential use. No signs or other advertising information shall be located on the outside of the trailer or sales office.
2108.9.
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use whatsoever during the time they are approved as a temporary use or structure in accordance with the provisions of this section.
2108.10.
Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
§ 27-2109 Agriculture.
[Ord. 687, 8/12/2015]
In the R-1 District, agricultural activities, including greenhouses, stables, kennels and animal husbandry, where authorized by this chapter, shall be subject to the following requirements:
2109.1.
Storage of manure or odor- or dust-producing substances shall be located at least 200 feet from any property line.
2109.2.
Any building used for the keeping, raising or feeding of livestock and poultry shall be located at least 200 feet from any street line and from any adjacent landowner's well or dwelling and not less than 100 feet from the landowner's well or property line.
2109.3.
Animal shelters, including indoor kennels, shall be located no closer than 200 feet to any property line.
2109.4.
Outdoor kennels shall be located at least 300 feet from any occupied dwelling on an adjacent lot and at least 200 feet from any property line which adjoins an R-1, R-2, R-2-A, or R-3 District.
2109.5.
Commercial greenhouse heating plants shall be at least 100 feet from any property line. The retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.
2109.6.
The minimum lot area for a private stable shall be three acres. On properties that are 10 acres or less, the minimum lot area required for each horse or pony shall be two acres per animal. For farms over 10 acres, there shall be no minimum lot area per horse.
2109.7.
No stable shall be located within 200 feet of any property line or occupied dwelling, other than the stable owner's dwelling.
2109.8.
All grazing and pasture areas shall be adequately fenced.
2109.9.
Retail sales of agricultural products, including garden nursery or greenhouse sales, shall be permitted accessory to a farm, subject to the following regulations:
A.
All sales shall be conducted on the premises of a farm, as defined and regulated by this chapter.
B.
Products sold shall include products raised, grown or produced on the farm.
C.
All permanent structures shall comply with the yard requirements for principal structures in the R-1 District.
D.
Seasonal roadside stands shall be located no closer than 15 feet to any street right-of-way or property line and shall be removed at the end of each growing season.
E.
Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of sales floor area for every 10 acres of land farmed. No building used for agricultural products shall exceed 5,000 square feet of sales area.
G.
Off-street parking for seasonal roadside stands shall be designed in accordance with § 27-2201; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
H.
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 27-2202 for retail businesses; however, in no case shall fewer than 10 spaces be provided.
I.
Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.
J.
One nonilluminated freestanding sign shall be permitted to announce the agricultural sales, provided the maximum surface area of the sign shall not exceed 24 square feet, the height of the sign shall not exceed eight feet and the sign shall be located no closer than 10 feet to any property line or street right-of-way.
K.
Seasonal activities, such as hay rides, Spring and Fall festivals and similar activities related to the farm, shall be subject to all applicable requirements of § 27-1906.56 for retail establishments, provided adequate parking is provided in a temporary parking area based on the ratio specified in § 27-2203 for "all other uses."
§ 27-2110 Storage.
[Ord. 687, 8/12/2015]
2110.1.
Outdoor Storage in Commercial and Industrial Districts.
A.
Except for nurseries, garden supply, building supply, custom crafting and similar businesses which require outside storage of products offered for sale, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply, custom crafting and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge which is at least six feet in height.
B.
In the I-1 District, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property. If existing buildings do not screen the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property, the area shall be screened by a hedge or opaque fence at least six feet in height.
2110.2.
Refuse Collection and Waste Disposal. All organic rubbish and discarded materials shall be placed in tight verminproof containers on the property and shall be secured in side or rear yards screened from public view by means of a solid-face fence or wall at least six feet in height. Containers shall be emptied not less frequently than once a week. On properties where food is served in paper containers, covered waste receptacles shall be conspicuously located on the premises for use by patrons. The management shall be responsible for maintaining the property free of litter.
2110.3.
Storage of Recreational Vehicles. Recreational vehicles with a current license or registration and a valid inspection sticker may be parked or stored in the rear or front yard, provided they do not encroach on the right-of-way of any public street. At no time shall such parked or stored vehicle be occupied or used as a dwelling.
§ 27-2111 Steep Slope Controls.
[Ord. 687, 8/12/2015]
2111.1.
Applicability. The steep slope controls set forth in this section shall apply in all zoning districts. In the event that such steep slope controls conflict with provisions of the Subdivision and Land Development Ordinance [Chapter22], the Grading Ordinance [Chapter 9] or other ordinances of Collier Township, the more-restrictive provision shall apply.
2111.2.
Restrictions. The following building and development restrictions apply to areas of steep slopes:
A.
15% to 25% slope: No more than 50% of such area shall be developed and/or graded or stripped of vegetation, subject to more-restrictive requirements in slide-prone areas as described in § 27-2111.5.
B.
25% to 40% slope: No more than 25% of such area shall be developed and/or graded or stripped of vegetation, subject to more-restrictive requirements in slide-prone areas as described in § 27-2111.5.
C.
More than 40% slope: No more than 5% of such area may be developed and/or stripped of vegetation, subject to the following: The applicant shall submit a stability report prepared by a professional geotechnical engineer licensed in the Commonwealth of Pennsylvania addressing the anticipated environmental and structural impacts of the proposed development as well as the construction techniques and mitigation measures needed to reduce soil erosion and uncontrolled runoff and to promote slope stability, which report shall be acceptable in form and content to the Township Engineer.
D.
Finished slopes after alteration that are less than 15% may be utilized for any authorized use in the zoning district in which they are located. Finished slopes after grading which are in excess of 15% shall be subject to Subsection 2111.2E and F below.
E.
The portion of the lot or tract which has a finished slope in excess of 15% shall be used only for any of the following permitted uses:
(1)
Parks or other public or private outdoor recreational uses, if authorized in the zoning district;
(2)
Permanent open space and/or required buffer areas;
(3)
Agriculture, tree farming or forestry;
(4)
Single-family dwellings if they are authorized as a permitted use in the zoning district in which the property is located and provided that the required minimum lot area per dwelling unit shall comply with the requirements of Subsection 2111.2G below and that the natural slope in the area where the structure is proposed is less than 25%.
F.
The total area of any lot which has natural slopes or finished slopes after grading which are in excess of 40% shall be excluded from the calculation of the minimum lot area, maximum lot coverage or maximum dwelling unit density required in the zoning district or planned residential development in which the property is located.
2111.3.
Application for Site Plan Approval.
A.
Any application which proposes cutting or filling of natural slopes which are in excess of 12% slope shall be accompanied by a geotechnical report and a certification by a registered soils engineer regarding the feasibility of the proposed grading, the stability of the finished slopes, measures to mitigate landslides, soil erosion, sedimentation and stormwater runoff and potential impacts on adjacent properties. The consultant selected to prepare the geotechnical report shall have credentials acceptable to the Township Engineer, and the cost of preparation of the report shall be borne by the applicant.
B.
The costs of the Township in reviewing a steep slope application, whether through the Township Engineer or consultant, shall be borne by the applicant.
2111.4.
Restoration of Site After Clearing Construction.
A.
All steep slopes from which structures or natural cover has been removed or otherwise destroyed shall be approximately finished and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within 30 days after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur within 30 days of April 1.
B.
In the case where natural cover has been removed to allow imminent development, the finishing and seeding shall not be required until grading and construction are completed. "Imminent development" shall mean development which is reasonably expected to commence based on approved plans and permits within 30 days of the clearing and grubbing of the site, said construction to be undertaken on a regular work schedule of eight hours per day, 40 hours per week.
C.
In all cases where replacement of cover cannot be accomplished immediately upon completion of clearance activities, erosion and sedimentation control measures required by the Township Grading Ordinance [Chapter 9] during clearance and construction shall be maintained on the site until the replacement of cover can be accomplished.
2111.5.
Slide-Prone Area Restrictions. On soils classified in the latest available edition of the Soil Survey of Allegheny County (USDA — Soil Conservation Service) as slide-prone or where mapping or other evidence indicates that the land is subject to subsidence from mining activities or in any other areas of a site that exhibits signs of instability, the applicant shall submit a stability report prepared by a professional geotechnical engineer licensed in the Commonwealth of Pennsylvania addressing the anticipated environmental and structural impacts of the proposed development as well as the construction techniques and mitigation measures needed to reduce soil erosion and uncontrolled runoff and to promote slope stability, which report shall be acceptable in form and content to the Township Engineer.
§ 27-2112 Timber Harvesting Controls.
[Ord. 687, 8/12/2015]
2112.1.
Purpose. It is the intent and purpose of these controls to preserve forests and woodlands and protect public and private property while allowing a reasonable degree of appropriate forestry activity on property in all zoning districts.
2112.2.
Applicability.
A.
When a property owner wishes to conduct or permit to be conducted a timber harvesting operation on his property, such owner shall obtain a timber harvesting permit from the Township.
B.
A timber harvesting permit shall not be required for the following:
(1)
Timber harvesting in connection with work performed on ground to be covered by structures, pavement or other improvements noted on a subdivision or land development plan approved by the Township Board of Commissioners, where such work is to be commenced within 30 days of the harvesting and all permits for such work have been issued.
(2)
Timber harvesting on lots less than two acres in size, provided that no timber harvesting has occurred within five years on any contiguous lot without a permit.
C.
Even though a permit is not required for the activities described in § 27-1212.2B., such activities must still be performed in compliance with the substantive requirements of § 27-2112.4C through R and in § 27-2112.5.
D.
The Township shall be notified in writing before any timber harvesting operation begins so that the Township may determine if other Township permits or approvals are required for the particular operation. The Township shall be notified at the following times:
2112.3.
Submission Requirements for Permit Application. A timber harvesting application shall be filed with the Township and shall contain the following:
A.
A narrative containing the following information:
(1)
The name and address of all landowners.
(2)
Purpose of the proposed operation.
(3)
Total land area involved in the proposed timber harvesting operation, not to exceed 10 acres per permit.
(4)
Total number of trees selected for harvesting.
(5)
Reforestation narrative outlining the revegetation of the landing area, skid trails, and harvest area.
(6)
A chart indicating the quantity of trees and the ranges (DBH) and species of the trees selected for harvesting.
(7)
Stormwater control measures to be used.
(8)
Stream crossings and wetland protection measures to be used.
(9)
A statement confirming that each tree to be removed has been designated by the consulting or state forester with paint or other distinctive means at two points so as to be readily visible by the logger. One point shall be low enough on the tree so as to be visible on the stump after the tree is removed.
(10)
The name, address and telephone number of the logging operator to be used, a copy of the logging operator contract and such information about the identity and experience and background of the operator as the Township may require.
B.
A legibly drawn site plan containing the following information and drawn to the following specifications:
(1)
Be drawn to a scale not to exceed one inch equals 100 feet.
(2)
Be drawn on a sheet size not to exceed 30 inches by 40 inches. A copy of the site plan shall also be provided in digital formal (.pdf format on CD).
(3)
Be prepared in accordance with standard architectural and engineering practices.
(4)
Be sealed by engineer(s) and/or surveyor(s) of record.
(5)
The name(s) and address(es) of the landowner and adjacent property owners.
(6)
Contain a vicinity map, which shows the property(ies) proposed for timber harvesting as shown on a current Township map. The vicinity map shall identify all adjacent properties and the name of property owners surrounding the proposed timber harvesting operation.
(7)
The boundary of the site to be timber-harvested as indicated by a heavy line with length of course in feet.
(8)
The location and names of streets and roads adjacent to the proposed timber harvesting operation.
(9)
Utility rights-of-way and/or easements.
(10)
Existing watercourses, floodplains, woodlands and wetlands.
(11)
The required fifty-foot buffer along any harvesting area, landing area, public road, and adjacent property.
(12)
Topography of the property, including all slopes of 25% or greater and slide-prone soil areas.
(13)
Earth disturbance locations, including skid trails and landing areas.
C.
A narrative, including a copy of all commonwealth permits, indicating that the logging operator shall address and comply with the requirements of this chapter and of all applicable commonwealth laws and regulations, including, but not limited to, the following:
D.
Payment of the application fee in an amount to be set from time to time by resolution of the Board of Commissioners and the agreement of all applicants to reimburse the Township for the fees it incurs in using the Township Engineer, Township Solicitor, forester or consulting forester or other professional consultant in review of the application.
2112.4.
Timber Harvesting Operation Regulations. Any timber harvesting operation shall meet the following requirements:
A.
At least 30% of the forest cover (canopy) shall be preserved, and the residual trees shall be well distributed. At least 30% of these residual trees shall be composed of higher-value species as determined by a consulting or state forester.
B.
Trees selected for harvesting shall be marked at two distinctive locations thereon. The higher of the two marks shall be provided around the entire circumference of the tree. The lower mark must be visible on the stump after the tree is removed.
C.
A fifty-foot buffer zone, within which no timber harvesting shall occur, shall be required between the boundary of any timber harvesting area or landing area and any public street, road or the boundary of any adjoining property.
D.
Timber harvesting is prohibited on areas with slopes greater than 25%.
E.
Timber harvesting is prohibited within a floodway or floodplain.
F.
As directed by the Township, a soils engineer registered to practice in the Commonwealth of Pennsylvania shall monitor and report to the Township, to the extent determined by the Township Engineer to be advisable given the land in question, all forest activities occurring on or affecting landslide-prone soils, as classified in the latest available edition of the Soil Survey of Allegheny County (USDA — Soil Conservation Service), and/or areas with a slope equal to or greater than 12%.
G.
No timber harvesting operation or removal of products shall take place between the hours of 7:00 p.m. and 8:00 a.m. or any time on Sundays or legal holidays.
H.
Trees falling on adjacent properties as a result of a timber harvesting operation shall be returned immediately to the landowner's property, who shall be responsible for any damage, cost or restoration to the affected adjacent property.
I.
Falling or skidding on or across any public road or right-of-way is prohibited without the express written consent of the Township, the Allegheny County Department of Public Works, or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of such public road or right-of-way.
J.
Waste material shall be removed to a point out of sight of any public road or adjacent property. No tops or slash shall be left within 50 feet of any public road, street, adjacent property, or private roadway providing access to adjoining residential property.
K.
No tops or slash shall be left on or across the boundary of any property adjoining the timber harvesting operation without the written consent of the owner thereof.
L.
No tops or slash shall be left in a floodway or floodplain.
M.
The Township shall have the authority to order the suspension of any timber harvesting operation if, in the Township's opinion, conditions created by the spring thaw, adverse weather, or any other cause make soil erosion likely.
N.
Any timber harvesting operation in existence at the time of enactment of this Part may continue without interruption, provided that application is made within 30 days of said enactment for a timber harvesting permit under the provisions of this Part and that such permit is granted.
O.
The maximum term of any permit issued pursuant to this Part shall be four months. However, because the timber harvesting operation may be adversely affected or delayed by unusual circumstances of weather or other occurrences, one additional four-month extension, after payment of a renewal fee equal to the initial permit fee, may be granted by the Township.
P.
The Township may require that, prior to completion of the timber harvesting operation, a written report be filed by the consulting or state forester indicating what measures should be taken in order to properly restore the property.
Q.
Upon completion of the timber harvesting operation, all disturbed areas, including, but not limited to, the landing area(s) and skid trails, shall be revegetated pursuant to the erosion and sedimentation control plans and the stormwater management plans as approved by the Commonwealth of Pennsylvania's Department of Environmental Protection and/or the Township.
R.
A timber harvesting operation shall not include any on-site processing of harvested trees or manufacturing, except as permitted by this chapter.
S.
Prior to commencement of timber harvesting, the applicant shall post bond in form acceptable to the Township Solicitor and in an amount as determined by the Township Engineer to be sufficient to guarantee restoration of disturbed areas as required herein. Substitute security may be permitted if in form acceptable to the Township Solicitor.
2112.5.
Road Maintenance. All persons conducting timber harvesting or logging, as defined herein, shall meet the following road maintenance requirements:
A.
Prior to hauling on any Township road, the applicant shall post bond in an amount to be determined by the Township Engineer, and in form acceptable to the Township Solicitor, to guarantee restoration of any road damages by hauling.
B.
The Township shall have the authority to suspend any timber harvesting operation should the Township determine that conditions of the timber harvesting operation will cause or make likely damage to a Township-maintained road.
C.
The repair of roads, bridges and culverts damaged as a result of the timber harvesting operation shall be repaired to the satisfaction of the Township.
D.
The permittee, logging operator, or a designated representative shall not create a new access or use an existing access onto a county- or state-maintained road without first showing proof that the access is permitted by the Allegheny County Department of Public Works or the Commonwealth of Pennsylvania's Department of Transportation.
E.
The permittee, logging operator, or a designated representative shall not create a new access or use an existing access onto a Township-maintained road without first obtaining permission from the Township for using said access.
F.
Any disturbance along a Township-maintained street or road to create a new or improve upon an existing access shall be reconstructed back to its original condition as it was prior to the commencement of the timber harvesting.
2112.6.
Waivers and Enforcement.
A.
The Township Zoning Officer, in his reasonable discretion and upon the written recommendation of the Township Engineer, shall have the right to waive any technical or substantive requirement of this Part if the requirement is determined to be unnecessary to achieve the environmental preservation purposes of this chapter, if the waiver results in no additional threat of erosion, landslide, stream pollution or degradation or adverse impact on adjacent properties and if the requirement imposes unnecessary hardship. The Township Zoning Officer, in his reasonable discretion and upon the written recommendation of the Township Engineer, shall also have the right to add any additional conditions, at the time of permit issuance or as work under an issued permit proceeds, including additional bonding or other financial security for the actual restoration of damaged roads, deemed necessary to protect the health, welfare and safety of the residents of the Township.
B.
The Township Zoning Officer or his/her designee shall be the enforcement officer for this Part and shall issue or deny permits hereunder.
C.
The Township Zoning Officer or his/her designee may enter the site of any timber harvesting operation before, during, or after active logging to:
2112.7.
Violations and Penalties.
A.
Upon finding that a timber harvesting operation is in violation of any provision of this Part, the Township shall issue the logging operator and the landowner a written notice of violation in accordance with the provisions of this chapter regarding enforcement notices, describing each violation and specifying a date by which corrective action must be taken.
B.
The Township may order the immediate suspension of any timber harvesting operation and may institute any appropriate action to prevent, restrain, correct or abate the violation of this Part upon finding that:
C.
Suspension orders shall be in writing, shall be issued to the logging operator and the landowner and shall remain in effect until the timber harvesting operation is brought into compliance with this Part or other applicable statutes or regulations.
2112.8. CONSULTING FORESTER OR STATE FORESTER FORESTRY HARVEST AREA LANDING AREA PERMITTEE SKIDDING SKID TRAIL SLASH TIMBER HARVESTING/LOGGING OPERATOR TIMBER HARVESTING OR LOGGING TOP
Definitions. The following terms are defined as follows for the purposes of this § 27-2112:
A person employed as a forester by the Commonwealth of Pennsylvania's Department of Conservation and Natural Resources, Bureau of Forestry, or a person listed on said Bureau of Forestry's Register of Consulting Foresters as being a graduate of a forestry school accredited by the Society of American Foresters and employed full-time as a private forestry consultant.
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
The location on the site where timber harvesting occurs.
A designated location on land where the harvested timber, including logs, pulpwood, or firewood, is assembled for transportation off site to processing facilities.
Any property owner, or individual, partnership, company, firm, association, or corporation representing a property owner, to whom a timber harvesting permit is issued.
The process of dragging trees on the ground, by any means necessary, from the harvest area to the landing area.
The trail, path, temporary roadway, or any other unencumbered route, utilized by the timber harvesting operator to move felled trees from the harvest area to the landing area.
The woody debris left on the land after timber harvesting, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
Any individual, partnership, company, firm, association or corporation engaged in timber harvesting, including agents, subcontractors, and employees thereof.
The cutting down and removal of trees and logs to be converted to any forest product or for sale to others or for other purposes. Timber harvesting shall not include the removal of dead or diseased trees or a homeowner cutting on his own property for his own use.
The upper portions of a felled tree that are unmarketable because of small size, taper or defect.
§ 27-2113 Airport Zoning.
[Ord. 687, 8/12/2015]
2113.1.
Purpose. The purpose of this section is to create airport zoning height regulations with respect to the Pittsburgh International Airport and the Allegheny County Airport.
2113.2. AIRPORT ELEVATION AIRPORT HAZARD AIRPORT HAZARD AREA APPROACH SURFACE (ZONE) CONICAL SURFACE (ZONE) DEPARTMENT FAA HEIGHT HORIZONTAL SURFACE (ZONE) LARGER-THAN-UTILITY RUNWAY NONCONFORMING USE NON-PRECISION-INSTRUMENT RUNWAY OBSTRUCTION PRECISION-INSTRUMENT RUNWAY PRIMARY SURFACE (ZONE) RUNWAY STRUCTURE TRANSITIONAL SURFACE (ZONE) TREE UTILITY RUNWAY VISUAL RUNWAY
Definitions. The following words and phrases, when used in this section, shall have the meanings given to them in this subsection, unless the context clearly indicates otherwise:
The highest point of an airport's usable landing area, measured in feet above sea level. The airport elevation of the Pittsburgh International Airport is 1,204 feet above mean sea level. The elevation of the Allegheny County Airport is 1,250 feet above mean sea level.
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 27-2113-1,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 27-2113-1,[3] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the height limits in all zones set forth in this section, the datum shall be mean sea level elevation, unless otherwise specified.
An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 27-2113-1,[4] is derived from the horizontal surface.
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds' maximum gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this section or an amendment thereto.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this section.
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 27-2113-1,[5] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Figure 27-2113-1,[6] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight or less.
A runway intended solely for the operation of aircraft using visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
[3]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
[4]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
[5]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
[6]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
2113.3.
Applicability.
A.
The regulations in this subsection shall apply to uses and structures located within areas illustrated on the Pittsburgh International Airport (PIT) Airspace Plan (Drawing 7c of 19 of the PIT Airport Master Plan, as amended), and on the Allegheny County Airport (AGC) Airspace Plan (Drawing 7 of the AGC Airport Master Plan, as amended), which PIT Airspace Plan and AGC Airport Master Plan are incorporated hereby by reference, which include the following zones as described in Figure 27-2113-1 of this section:[7]
(1)
Approach surface zone.
(2)
Conical surface zone.
(3)
Horizontal surface zone.
(4)
Primary surface zone.
(5)
Transitional surface zone.
[7]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
B.
Said drawings referenced in this § 27-2113.3 are attached, respectively, as Figures 27-2113-2 and 27-2113-3,[8] and shall be applied as may be amended in the future.
[8]
Editor's Note: Figures 27-2113-2 and 27-2113.3 are included as attachments to this chapter.
2113.4.
Permit Applications. As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered to be in compliance with the intent of this subsection. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 27-2113.5, Variance.
A.
No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
B.
No notice or review under this subsection is required for any of the following construction or alteration:
(1)
Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
(2)
Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.
(3)
Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by functional purpose.
(4)
Any construction or alteration for which notice is required by any other FAA regulation.
2113.5.
Variance. Any request for a variance shall include documentation in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
A.
No Objection. The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination, a variance shall be granted.
B.
Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 27-2113.8, Obstruction Marking and Lighting.
C.
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied, and the reasons for this determination shall be outlined to the applicant. Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this section.
2113.6.
Use Restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within those portions of the Township lying within the areas illustrated on the PIT Airspace Plan (Drawing 7c of 19 of the PIT Airport Master Plan, as amended), or on the AGC Airspace Plan (Drawing 7 of 14 of the AGC Airport Master Plan, as amended), in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Pittsburgh International Airport or the Allegheny County Airport.
2113.7.
Preexisting Nonconforming Uses. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section or to otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity; and a nonconforming use, once substantially abated (subject to the underlying Zoning Ordinance), may only be reestablished consistent with the provisions herein.
2113.8.
Obstruction Marking and Lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the conditional determination process described in Subsection 2113.5 to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or to require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
2113.9.
Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more-stringent limitation or requirement shall govern and prevail.
§ 27-2114 Pickup Window.
[Added by Ord. No. 723, 7/25/2022]
All businesses which propose pickup window facilities, as defined by this chapter, as accessory uses shall meet the following requirements:
2114.1.
In addition to the parking spaces required for the principal use, a minimum of two spaces (inclusive of the pickup window stall), in one lane, with a total length of 25 feet, in direct line with the pickup window or stall shall be provided for vehicles to wait in line. The spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets, or beams.
2114.2.
Entrances, exists and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
2114.3.
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.