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Conestoga Township City Zoning Code

ARTICLE XI

Supplemental Regulations

§ 320-72 Purpose.

The provisions of this article shall apply to all land uses, developments, and structures in the Township, regardless of district, and shall be considered to be additional conditions or restrictions to other provisions of this chapter. To the extent anything contained in this article conflicts with any other provision of this chapter, the most stringent and restrictive provision shall apply.

§ 320-73 Access to buildings.

All buildings shall be situated on a lot adjacent to a public right-of-way, or with suitable access to an improved private access road, and all buildings shall be so located as to allow safe access by emergency vehicles.

§ 320-74 Animal shelters.

Animal shelters for domesticated animals owned by the occupant of a lot may be maintained for noncommercial purposes in any district, provided the shelter is suitably enclosed, yard setback requirements are maintained, and is no closer than 50 feet to any dwelling, other than that of the occupant. The forgoing provision shall not apply to agricultural activities or typical doghouses.

§ 320-75 Building setback lines.

A. 
Building setback lines. Building setback lines are established for all existing and proposed roadways, subject to the minimum set back requirements as shown in Table 14:
Table 14 - Building Setback Lines
Major Collector
Setback Shall be:
Pequea Boulevard
40 feet from existing or proposed right-of-way
Main Street
Stehman Road from Manor Township to Long Lane
Minor Collector
Setback Shall be:
Kendig Road
30 feet from existing or proposed right-of-way
Stehman Road south of Long Lane
Stony Lane between Kendig Road and Stehman Road
River Corner Road
Long Lane from Stehman Road east to Pequea Township
Local Access
Setback Shall be:
All other roads
25 feet from existing or proposed right-of-way
B. 
Yard reductions. A required front yard may be reduced to form a more consistent setback pattern in an area that is predominately developed, according to the following guidelines:
(1) 
The reduction shall be equal to the average setback of existing buildings on the same side of the street.
(2) 
Adequate sight distances shall be preserved, in accordance with applicable PennDOT regulations.
(3) 
No variance shall be required to allow a reduction under these provisions.
C. 
Flag lots. A dwelling on a flag lot may be situated facing in any direction, provided that front, side and rear yards shall be provided as if the dwelling actually faces its front yard and the street, and provided that the dwelling is not less than 250 feet from any public right-of-way. Not more than one flag lot shall be created per parcel.

§ 320-76 Cellular communication facilities (limited).

Cellular facilities that are not more than 25 feet in height when placed atop existing facilities and less than 500 square feet in floor area are permitted as follows:
A. 
Location. Cellular communication facilities may be co-located atop or within existing electrical transmission towers, barns, smokestacks, silos, steeples and similar structures as accessory uses, provided that such facilities do not extend more than 25 feet above the top of the existing structure.
B. 
Structures. Surface structures serving cellular communication facilities containing equipment and associated facilities not exceeding 500 square feet or 10 feet in height, and driveways or access facilities shall be permitted by as accessory uses.
C. 
Freestanding facilities. Facilities that exceed any of the limitations in this section, and freestanding facilities (including cable-stabilized structures), shall be allowed by special exception according to the provisions of § 320-106.

§ 320-77 Commercial/industrial performance standards.

All lawful agricultural activities shall be exempt from the following provisions.
A. 
All commercial and industrial uses of land shall comply with the following standards. No commercial or industrial use of land shall cause an increase in any of the following pollutants or emissions that exceed any applicable standard set by the Pennsylvania Department of Environmental Protection (DEP) or the United States Environmental Protection Administration (EPA): noise, smoke, dust, dirt, odor, toxic gases, petroleum products, pesticides, herbicides, and similar noxious substances, vibration, spill light, heat, and waste products. Waste products shall be stored within enclosed buildings or in containers adequate to prevent the spread or attraction of vermin, and prevent the carrying of material by the wind. No liquid or solid waste or material, including any material of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous elements, shall be discharged at any point into any sewage disposal system, watercourse, lake, or into the ground, except in accordance with standards approved by the DEP or other applicable regulatory department or agency.
B. 
Fuel storage. All fuel storage areas shall comply with applicable regulations of the Pennsylvania State Fire Marshal and/or the Pennsylvania State Police.

§ 320-78 Country property accessory dwelling units (including elder cottages and tenant houses)

A. 
Location and construction. Accessory dwelling units in principal residences or in new traditional outbuildings (such as barns, stables, carriage houses, and spring houses) shall be designed to harmonize with vernacular rural buildings in the municipality's historic landscape.
B. 
Maximum number. There shall be a maximum of one accessory dwelling unit (ADU) on any building lot, and a maximum of two ADUs on any building lot containing 10 or more acres, provided all performance standards of this chapter are met. No additional accessory dwelling units shall be created.
C. 
Gross floor area. The gross floor area in the first ADU shall not exceed 900 square feet. In the second ADU, where permitted, the maximum area shall be 750 square feet. However, on lots exceeding 15 acres, the second ADU may take the form of a tenant house containing up to 2,000 square feet of floor space. Under this section, historic accessory buildings identified in the Comprehensive Plan that exceed these floor space limits may be permitted by the Township to be used as ADUs without having to meet the dimensional setback requirements of this chapter.

§ 320-79 Display and sale of farm products.

Farm products may be sold as accessory uses to a farm, subject to the following provisions:
A. 
On-site production. At least 1/2 of the dollar value of all products sold must be produced on the premises or on adjacent premises.
B. 
Setbacks. Any structure that is used for the display or sale of farm products shall be set back not less than 50 feet from all street right-of-way lines.
C. 
Parking. Adequate and safe off-street parking shall be provided for employees and customers.

§ 320-80 Driveways.

All driveways serving dwellings shall be constructed with dustless surfaces such as gravel or asphalt not less than eight feet wide. No driveway shall be located less than five feet from any adjoining lot, except where a driveway meets a roadway, or where joint driveways are utilized. Agreements relating to the ownership, maintenance, and usage of joint driveways shall be required. Driveways serving three or more dwellings or nonresidential uses shall be constructed with hard all-weather surfaces such as concrete or asphalt. Driveways shall comply with Chapter 225, Streets and Sidewalks, Article I, Driveways, of the Code of the Township of Conestoga.

§ 320-81 Erection of more than one principal building on lot.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
More than one principal or primary structure containing a permitted use may be constructed on a single lot, provided that the yard areas, frontage and other provisions of this chapter shall be met for each structure, as if they were on individual lots.

§ 320-82 Garage or yard sales.

An owner or occupant of a parcel may conduct garage or yard sales as accessory uses to a dwelling for periods not to exceed a total of seven days per parcel per year. Such sales may include personal property, but shall not include articles on consignment, and no stocking of inventory shall be permitted. No public right-of-way areas shall be used during the garage sale.

§ 320-83 Height and yard limit exceptions.

Typical architectural elements and mechanical facilities associated with permitted structures such as belt courses, bay windows, roof overhangs, chimneys, antennas, flagpoles, air handling equipment, utility poles, and similar facilities may project above the maximum height or yard setback limits established in zoning districts, subject to the following:
A. 
Horizontal elements. Horizontal architectural elements may project into required yards not more than 18 inches.
B. 
Vertical elements. Vertical elements may project above the maximum height limit provided than the element is set back from all lot lines a distance not less than 150% of its height.

§ 320-84 Home occupations (no-impact).

The business or commercial activity must satisfy the following requirements:
A. 
Area compatibility. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
Employee limit. The business shall employ no employees other than family members residing in the dwelling.
C. 
Limits on inventory and retailing. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
Outside appearance. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
No commercial vehicles. No on-site parking of commercially identified vehicles shall be permitted.
F. 
Noise, etc. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable beyond limits otherwise prohibited in this chapter.
G. 
Waste, etc. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
H. 
Floor area limit. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
I. 
No illegal activities. The business shall comply with all other local, state, and federal laws and regulations.

§ 320-85 Junk or discarded materials.

No parcel shall be used for the deposit or storage of junk or discarded materials unless authorized pursuant to this chapter.

§ 320-86 Landscaping.

All applicants for zoning permits for land uses other than agriculture or other than residential developments containing less than five dwellings or residential lots shall submit to the Township a landscape plan for the site, according to the applicable landscaping regulations.

§ 320-87 Lighting.

All exterior lighting facilities shall be situated such that no spill light is directed towards other lots or public right-of-way.

§ 320-88 Lot size reductions.

No lot, even though it may consist of one or more adjacent parcels or lots of record, shall be reduced in size such that any minimum required yard area, bulk, or other requirement of this chapter are not maintained.

§ 320-89 Mobile homes/manufactured housing.

Individual mobile homes shall be considered to be single-family detached dwellings if they conform with the requirements pertaining to single-family dwellings, and to the following:
A. 
Foundations. All mobile homes shall be securely fastened to foundations that will resist heaving, settling, shifting, or other movement due to frost action, inadequate drainage, high winds, or other similar forces acting upon the structure. Foundations shall be constructed as specified by the manufacturer of the mobile home, but not less than one tie-down shall be provided for each 10 feet along the perimeter of the dwelling.
B. 
Wheels removed. All wheels, hitches, tongues, and facilities used for the transportation of the home shall be removed.
C. 
Construction. The construction of all mobile homes shall conform with the requirements of Act 69 of the General Assembly of the Commonwealth of Pennsylvania, enacted May 11, 1972, as may be amended, as well as any other applicable state or federal laws or regulations regarding mobile homes.
D. 
Base enclosures. The base of the mobile home shall be surrounded by concrete block, vinyl, decorative wood siding, or similar material, extending from the bottom of the dwelling to grade, and shall be constructed to inhibit decay and shall resist penetration by vermin.
E. 
Mobile home parks. Mobile home parks shall comply with the regulations pertaining to mobile home parks in Chapter 240, Subdivision and Land Development.
F. 
Sewage disposal inspections. The Township Engineer Sewage Enforcement Officer shall inspect and approve the proposed method of sewage disposal.

§ 320-90 Obstruction to vision at street intersections.

A clear sight triangle shall be maintained at all street intersections according to standards and dimensions of the Pennsylvania Department of Transportation. See diagram below.
320 Clear Sight Triangle.tif

§ 320-91 Pollution control, open burning.

No building or structure shall be erected, altered or used, and no lot or premises may be used for any activity that is noxious, injurious or offensive by reason of dust, smoke, refuse, odor, gas, fumes, noise, vibration, electronic interference, radiation, illumination, use or production of hazardous materials or hazardous wastes or similar substances or conditions such that any regulation of the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, the National Occupational Safety and Health Administration, or the State Air Pollution Control Act of January 8, 1960, Public Law 2119,[1] are violated. These provisions shall not apply to the agricultural activities. Open burning shall be conducted in accordance with Pennsylvania Code Title 25, § 129.14, Paragraph C, Open Burning Regulations, and according to other applicable Township regulations.
[1]
Editor's Note: See 35 P.S. § 4001 et seq.

§ 320-92 Prohibited uses and removal of nuisances.

A. 
General. Any activity, use of land, trade or process that may be in any way dangerous, noxious or injurious to public health, safety or welfare, such that any regulation of the Pennsylvania Department of Environmental Protection or United States Environmental Protection Agency is violated, are specifically prohibited.
B. 
Certain activities constitute nuisances. The storage or parking of wrecked, junked, stripped, or abandoned vehicles or machinery, equipment, household appliances, debris or waste materials of any kind of description, or part thereof, shall occur only when such items are stored within an enclosed building.
[Amended at time of adoption of Code (Ch. 1, General Provisions, Art. I)]
C. 
Notice to remove property. If the Township finds that a violation of this article exists, the Township shall notify the owner of the property on which the violation exists or the owner of the vehicle or other discarded or abandoned item, or both, of this violation.
D. 
Authority for Township to remedy violations. If the violation shall not have been remedied within the period as required by the order, the Township may remedy the violations as permitted by applicable law.

§ 320-93 Rural boardinghouse.

Rural boardinghouses in structures existing as of the date of the adoption of this chapter providing temporary lodging shall be permitted according to the following:
A. 
Lot size. Lots shall not be less than 10 acres.
B. 
Location within detached dwellings. All boardinghouses shall be conducted in detached dwellings.
C. 
Number per lot area. Not more than one unit is permitted for each acre of gross lot area.
D. 
Preservation of exterior elevation. The residential character of the front facade shall be maintained.
E. 
Sewage facilities. All sewage facilities shall be inspected and approved by the Township Sewage Enforcement Officer and shall comply with Pennsylvania DEP regulations.
F. 
Parking setbacks. All parking areas shall be set back not less than 25 feet from all lot lines.
G. 
Parking. Not less than one off-street parking space shall be provided for each dwelling unit. No additional front yard areas shall be utilized for parking.
H. 
Egress. All units shall have not less than two means of egress.
I. 
Signs. Not more than one unlighted outdoor sign is permitted, and shall not exceed four square feet on a side.
J. 
Occupancy. Not more than 10 individuals may be accommodated in boardinghouse apartments.
K. 
Owner in residence. The owner and operator of the boardinghouse shall reside on the premises.

§ 320-94 Steep Slope Conservation Overlay District.

A. 
Purposes. The purposes of this section are as follows:
(1) 
To promote the public health, safety and welfare by the protection of steep slope areas and by encouraging the retention of open space.
(2) 
To permit only those uses of steep slope areas which are compatible with the conservation of natural conditions and which maintain stable soil conditions by minimizing disturbances to vegetation and by restricting the regrading of steep slope areas.
(3) 
To limit soil erosion and the resultant destruction of the land, siltation of streams and damage to property.
(4) 
To protect low-lying areas from flooding by limiting the increase in stormwater runoff caused by grading of steeply slope areas, changes of ground cover or the erection of structures on steeply slope areas.
(5) 
To maintain the ecological integrity and habitat value of steeply sloped areas.
(6) 
To allow the continuing replenishment of groundwater resources and the maintenance of springs.
B. 
General provisions.
(1) 
Compliance with these provisions. No area within the Steep Slope Conservation Overlay District shall hereafter be used without full compliance with the terms of this section and other applicable regulations.
(2) 
Overlay. The Steep Slope Conservation Overlay District shall be deemed to be an overlay on any zoning district now or hereafter enacted. The physical limits of this district are not graphically shown on the Zoning Map.
(3) 
Additional requirements to underlying district. In those areas of the Township where the Steep Slope Conservation Overlay District applies, the requirements of the overlay district shall be in addition to and supersede where inconsistent with the requirements of the underlying zoning district.
(4) 
Changes to steep slope boundary: effect on underlying district. If the boundaries of the Steep Slope Conservation Overlay District are changed as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district without consideration of this section.
(5) 
Changes to underlying zoning district: effect on Steep Slope Overlay District. For any parcel or any part thereof on which the Steep Slope Conservation Overlay District is an overlay, should the underlying zoning classification(s) be changed as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the boundaries of the Steep Slope Conservation Overlay District.
(6) 
Preservation of other restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
(7) 
Municipal liability. Any determination that a proposed use complies with this section or any approval of a subdivision or land development plan or any issuance of a building or zoning permit within or near the Steep Slope Conservation Overlay District shall not constitute a representation, guaranty or warranty of any kind by the Township, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Township, its officials or employees. This section does not imply that areas outside the Steep Slope Conservation Overlay District or land uses permitted within said district will always be totally free from the adverse effects of erosion.
C. 
Designation and interpretation of overlay district boundary.
(1) 
The Steep Slope Conservation Overlay District consists of slopes of greater than 25% slope. In any application for subdivision and/or land development, or when otherwise required by this chapter, where the tract includes areas of steep slopes, the applicant shall, using two-foot contours, delineate slopes greater than 25%. Further, the applicant shall use an actual field topographic survey or aerial survey as the source of contour information and the basis for depicting steep slopes.
(2) 
This section shall apply only to those steep slopes which exist for three or more consecutive two-foot intervals and which are greater than 1,000 square feet in area. Isolated areas of land over 25% slope that are less than 1,000 square feet in area or that are not continuous over three contour intervals, must be shown on the plan, but are not subject to the restrictions of this section. Land slopes over 25% may not be averaged with areas of less than 25% for the purpose of reducing the area of steep slopes. Areas less than 1,000 square feet in area and less than 25% slope occurring within areas of 25% slope or greater shall be considered a part of the steep slopes.
(3) 
Boundary interpretation and appeal procedure.
(a) 
Each application for construction or land disturbance within the Steep Slope Conservation Overlay District shall be submitted in accordance with § 320-94E below.
(b) 
Any area of the Steep Slope Conservation Overlay District that falls within the parcel shall be shown on the site plan.
(c) 
Where an interpretation is needed as to the exact location of the boundaries of the district in relation to a given parcel, an initial determination shall be made by the Township Zoning Officer, who may engage the assistance of the Township Engineer. Any person seeking such a determination shall submit a topographic survey of the property with steep slopes delineated. The Township Engineer shall make a written report of the results of his initial determination, a copy of which shall be provided to the Board of Supervisors. The cost of these determinations shall be borne by the applicant.
(d) 
Any person aggrieved by any such determination of the Township Engineer or other decision under this section may appeal to the Zoning Hearing Board.
D. 
Permitted uses. The following are the only uses permitted in the Steep Slope Conservation Overlay District. Such uses also shall be in compliance with the base zoning district.
(1) 
Uses permitted by right.
(a) 
Parks and outdoor recreational uses.
(b) 
Logging and woodcutting, where such activity is limited to selective removal of trees and when conducted in conformity with conservation practices approved by the US Department of Agriculture NRCS or the County Conservation District. No clear-cutting will be permitted.
(c) 
Agricultural uses when conducted in conformity with conservation practices, including minimum tillage methods, approved by the US Department of Agriculture NRCS or the County Conservation District.
(d) 
Grading for the minimum portion of a driveway necessary to access a single-family dwelling when it can be demonstrated that no other routing that avoids slopes exceeding 25% is feasible.
(e) 
Yard areas of any permitted building, so long as such building is itself not within the Steep Slope Conservation Overlay District, except where permitted by special exception.
(2) 
Uses by special exception. The following uses shall be permitted in the Steep Slope Conservation Overlay District as a special exception when authorized by the Zoning Hearing Board. In making its determination, the Board shall give particular consideration to the criteria and standards in Section 1006E.[1] In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed below, as it may deem necessary to implement the purposes of this chapter.
(a) 
Single-family detached dwelling, subject to the provisions of § 320-131.
(b) 
Any road necessary to provide primary or emergency access to a use permitted by this section, when no practical alternative exists in an area of lesser slope, subject to the provisions of § 320-131.
(c) 
Sealed public water supply wells, where approved by all regulatory agencies, subject to the provisions of § 320-131.
(d) 
Sanitary or storm sewers where approved by all regulatory agencies, subject to the provisions of § 320-131.
(e) 
Terracing to provide for agricultural uses, provided that side slopes are permanently stabilized.
[1]
Editor's Note: So in original.
E. 
Administration. The following requirements shall apply:
(1) 
Required materials. Before a permit is issued for any construction or land disturbance activity, the applicant shall submit the following material for review to the Township Zoning Officer, who shall engage the assistance of the Township Engineer. No approval or building permit shall be authorized by the Zoning Officer, and no special exception shall be granted by the Zoning Hearing Board, without the Township Engineer's review of this material and his recommendation thereon:
(a) 
An earthmoving plan which indicates existing grades with field run or aerial contour lines at two-foot intervals and proposed grades within the area of any proposed activity, disturbance or construction. All areas within the Steep Slope Conservation Overlay District shall be shaded accordingly.
(b) 
A site plan indicating existing and proposed structures, impervious surfaces, storm drainage facilities and retaining walls. The site plan shall also locate and identify existing vegetation and ground cover within the Steep Slope Conservation Overlay District, as well as proposed landscaping material.
(c) 
Architectural plans, elevations and sections.
(d) 
A statement, signed and sealed by a registered architect or engineer, explaining the building methods to be used in overcoming foundation and other structural problems created by steep slope conditions, and which shall also indicate how and by what means watersheds will be preserved and how and by what means soil erosion and excessive surface water runoff shall be curtailed.
(e) 
Plan, profile and typical cross sections of any proposed street, emergency access or driveway, with the seal of a registered professional engineer thereon.
F. 
Limitations and additional criteria.
(1) 
Each lot containing slopes over 25% shall contain no less than 50% of the minimum required lot area after the exclusion of all steeply sloped ground as defined herein. Criteria for stabilization and compaction of excavated and/or filled areas shall be in accordance with acceptable engineering standards and shall be subject to the approval of the Township Engineer.
(2) 
All grading shall be minimized, and shall be undertaken in accordance with all applicable Township ordinances and regulations. No grading shall be undertaken within any area of the Steep Slope Conservation Overlay District, except where approved in conjunction with a use permitted under the terms of this section.
(3) 
Finished slopes of all cuts and fills shall not exceed 33% unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately to prevent erosion. All final grades shall be stabilized by vegetation.
(4) 
The total amount of impervious surface that may be installed or maintained shall not exceed 50% of the maximum amount of impervious surface permitted in the underlying base zoning district.
(5) 
No area of existing slope greater that 25% shall be disturbed within 25 feet of any lot line except when necessary for driveway access.
(6) 
Not more than 15% of the total area of slopes greater than 25% on a tract shall be disturbed.

§ 320-95 Swimming pools, tennis courts, and other recreational accessory structures.

A. 
Location. No swimming pool (surface or aboveground), tennis court, or recreational structure shall be located within any minimum yard. All swimming pools with depths of more than two feet shall be enclosed by a permanent fence not less than four feet in height, and which contains a self-closing and self-latching gate. Fences shall be designed and constructed so as to discourage climbing or unauthorized access.
B. 
Lighting. Exterior lighting shall not be directed towards adjoining properties.
C. 
Isolation distances from sewage disposal facilities. No pool, tennis court or other recreational facility shall be placed less than 10 feet from any septic field or tank.
D. 
Compliance with Chapter 244, Swimming Pools, of the Code of the Township of Conestoga. Swimming pools shall comply with the provisions of Chapter 244, Swimming Pools, as it may be amended, relating to the construction, maintenance, and operation of swimming pools.

§ 320-96 Trailers, motor homes, recreational vehicles, and similar facilities.

Trailers, motor homes, recreational vehicles, and similar facilities shall be deemed accessory structures, and shall conform to all applicable setback requirements of this chapter.

§ 320-97 Waste storage facilities.

This section shall apply to nonagricultural dumpsters and similar facilities, excluding sanitary sewage facilities.
A. 
Commercial facilities. All commercial facilities shall provide appropriate outdoor waste storage facilities and shall be routinely emptied.
B. 
Screening. All waste storage facilities shall be screened or landscaped and shall be fully enclosed to limit animal access and windblown waste.
C. 
No parking spaces to be occupied. No required parking areas may be occupied by any waste storage facility.
D. 
Location. No facilities shall be located in any front yard.

§ 320-98 Surface land uses affiliated with transmission pipelines.

[Added 3-7-2017 by Ord. No. 2017-01]
A. 
Permitted locations. Surface land uses affiliated with transmission pipelines shall be permitted as a conditional use in all zoning districts where underground pipelines exist or are proposed, subject to the recommendations of the Township Planning Commission, and subject to the applicable provisions of Article XIII of this chapter.
B. 
Purposes and intents. The purposes of this section shall be to accommodate the need for surface land uses affiliated with transmission pipelines, consistent with the desire to protect the health, safety and welfare of the citizens of the Township. This section is intended to minimize aesthetic, nuisance, visual and other adverse effects of surface land uses affiliated with transmission pipelines through proper design, siting, noise abatement, vegetative screening, and other appropriate measures, and to ensure that the location of surface land uses affiliated with transmission pipelines will be in compliance with applicable industry standards and requirements, federal law and Pennsylvania state law, including the Federal Energy Regulatory Commission (FERC), the Pennsylvania Oil and Gas Act (as amended), and Pennsylvania case law.
C. 
Preserve rural character and sensitive environmental resources. This section is also intended to preserve the rural character of neighborhoods and the sensitive environmental resources that may be adjacent to surface land uses affiliated with transmission pipelines.
D. 
Use provisions. Surface land uses affiliated with transmission pipelines shall be regulated as follows:
(1) 
Dimensional requirements, area and bulk standards to be met. Such uses shall meet the dimensional requirements, including but not limited to the area and bulk standards of the underlying zoning district. Applicants are required to demonstrate to the satisfaction of the Township that the requirements of § 320-98D(3) in this chapter, standards for surface land uses affiliated with transmission pipelines, can be met.
(2) 
Other uses to be prohibited. All other uses ancillary to surface land uses affiliated with transmission pipelines are prohibited unless otherwise permitted in the zoning district in which the use is located.
(3) 
Specific standards. The following standards for surface land uses affiliated with transmission pipelines will be applied by the Township prior to permitting surface land uses affiliated with transmission pipelines:
(a) 
Setbacks. Unless otherwise approved by the Board of Supervisors upon recommendation of the Township Planning Commission, the applicant shall demonstrate that the setbacks for surface land uses affiliated with transmission pipelines and all supporting equipment and structures from any property line or right-of-way shall be consistent with the minimum setback in the underlying zoning district. In addition, surface land uses affiliated with transmission pipelines and all supporting equipment and structures shall be set back a minimum of 750 feet from residential buildings and all commercial, industrial and institutional uses or a minimum of 500 feet from the nearest lot line, whichever is greater. Setbacks may be increased by the Township pursuant to the type of material being managed at the surface land use affiliated with transmission pipelines and whether the use is adjacent to areas of high on-site population. The Township shall, on a case-by-case basis, determine whether increased setbacks are warranted consistent with the "potential impact radius" (PIR), defined by the relationship between the diameter of the adjacent pipeline (and appurtenances) and its maximum operating pressure [see Potential Impact Radius (PIR) and Pipeline Class Locations graph below], whether high on-site populations are in proximity, and whether more than one transmission pipeline (such as coupled lines) will be managed at the surface land use affiliated thereto. The PIR approach is applicable only to surface land uses affiliated with gas or petroleum gas transmission pipelines as defined by 49 CFR 192.3. Surface land uses affiliated with transmission pipelines carrying "hazardous liquids," as defined by 49 CFR 195.2, shall adhere to the setback standards contained in this subsection.
320 PIR Pipeline Class Locations.tif
(b) 
Landscaping. The applicant shall provide a plan prepared by a landscape architect licensed in Pennsylvania showing landscaping proposed to be installed to screen and buffer surface land uses affiliated with transmission pipelines. The landscape plan shall incorporate the use of an eight-foot decorative fence surrounded by a mix of native vegetation, including evergreens, shrubbery and trees, which shall not be less than the height of the fence at installation and shall be of sufficient density to screen the facility. Existing vegetation in proximity to surface land uses affiliated with transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of Chapter 240, Subdivision and Land Development. Applicants shall submit a visual survey from mutually agreed-upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.
(c) 
Noise. Sound produced by the surface land use affiliated with transmission pipelines shall not result in noise or vibration clearly exceeding the unrelated average intensity of noise or vibration otherwise occurring from other causes at the property line; in no case shall the sound pressure level exceed 60 dB(A) (according to the American National Standards Institute A-weighted scale) at the property line closest to the land use.
(d) 
Odors. Odor, vapors or particulate matter produced by the surface land use affiliated with transmission pipelines shall not exceed the unrelated average emission of such substances occurring from other causes at the property line. Specific contaminants shall be regulated by 25 Pa. Code, Environmental Protection, Part 1, Subpart C, Article III, Air Resources.
(e) 
Signage. All signs, other than utility identification signs, appropriate warning signs, or owner identification signs, shall be prohibited. There shall be no antennas, advertising, or other items or material affixed to or otherwise placed on surface land uses affiliated with transmission pipelines, except as permitted by the Township.
(f) 
Parking. If the surface land use affiliated with a transmission pipeline is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of parking spaces shall be equal to the number of people on the largest shift. Parking spaces shall be located within the decorative fence and landscape buffer area so that they are substantially concealed when viewed from surrounding properties.
(g) 
Lighting. No surface land use affiliated with a transmission pipeline shall be artificially lighted except as required for emergency night time access. Any such lights shall be shielded so as to prevent intrusion upon nearby properties and shall be oriented downward to eliminate skyglow.
(h) 
Engineered drawing submission. Applications for a surface land use affiliated with a transmission pipeline shall be accompanied by engineering drawings prepared by an engineer licensed in Pennsylvania. The applicant shall show that all applicable Commonwealth of Pennsylvania and U.S. standards for the construction, operation, and maintenance of the proposed facility have been met.
(i) 
Design. The applicant proposing a surface land use affiliated with transmission pipelines must demonstrate that the structure has been designed to blend in with or mimic existing structures in the landscape such as residential outbuildings, farm structures, or other uses permitted in the underlying districts.
(j) 
Visual impact. Any surface land use affiliated with a transmission pipeline shall be designed and constructed so as to mitigate the visual impact from public roads and nearby uses. In addition, the color and other visual features of the land use affiliated with a transmission pipeline shall be designed and installed in such a manner so as to create the least visual impact practicable. The applicant shall demonstrate compliance with this section, by among other things, providing photographic perspectives of the proposed surface development from all sides of the property and from adjacent roads and neighboring properties (with permission of the owners).
(k) 
Need. The applicant for a surface land use affiliated with a transmission pipeline is required to demonstrate, using scientific and technological evidence, that the facility must be located where it is proposed in order to satisfy its function in the applicant's pipeline system and demonstrate that there is a need for this facility at the location where it is proposed.
(l) 
State and federal regulation. All applicants, whether commercial pipeline companies or otherwise, must demonstrate the submission of sufficient filings and/or receive sufficient approvals, as required, through the Federal Energy Regulatory Commission, the Pipeline and Hazardous Materials Safety Administration, and the Commonwealth of Pennsylvania and/or the Pennsylvania Public Utilities Commission. Such documentation is not required as part of the initial application to the Township, but must be included with a final as-built plan submitted upon request by the Township.
(m) 
Removal of surface land uses affiliated with transmission pipelines. Any surface land use affiliated with a transmission pipeline that is no longer licensed and active shall be removed and the site restored to its preconstruction condition at the owner's expense within 60 days of the last date that the facility was licensed by the Pennsylvania Department of Environmental Protection and Federal Energy Regulatory Commission. A bond or escrow account shall be posted with the Township in an amount sufficient to ensure such removal and site restoration prior to the construction of the facility. The applicant shall have prepared and submit to the Township to accompany the bond or escrow account an estimate of the cost necessary to remove the surface land use facility associated with the pipeline and restore the site to its preconstruction condition.

§ 320-99 Fences, walls and hedges.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Except as otherwise provided in this chapter, fences, walls and hedges may be placed within front, rear and side yards.
B. 
No fence, wall or hedge shall be erected or planted within the right-of-way lines of any street, nor shall they encroach upon any street right-of-way at any time.
C. 
Fences, walls and hedges shall comply with § 320-90, Obstruction to vision at street intersections, of this chapter. They shall not be placed to interfere with clear sight triangles at street intersections.
D. 
Fences shall be constructed of wood, stone, chain link, plastic, or similar appropriate materials approved by the Zoning Officer, be of uniform construction, and be constructed in a workmanlike manner.
E. 
Fences, walls, and hedges shall not be placed within easements or rights-of-way unless the holder of the easement grants permission for such encroachment, in writing, and holds the municipality harmless for any damage to such encroachment should such encroachment have to be removed in the future. This written documentation must be submitted to the municipality prior to issuance of any required permit.
F. 
In no case shall fences, walls, and hedges be placed in drainage easements, emergency access easements, and other similarly restricted easements.
G. 
Privacy fences in excess of four feet in height are prohibited from being placed within any required front yard.
H. 
Outdoor private swimming pool fences shall be in accordance with the applicable municipal building code.