Conewago Township Adams County
City Zoning Code
City Zoning Code
ARTICLE III
General Provisions
§ 155-26 Access to properties and structures.
B.
Outparcel lots are also permitted, provided that they adjoin an internal vehicular road network that is designed in accordance with § 135-27 of the SLDO, and such uses shall be accompanied by a cross-access easement in a form acceptable to the Township Solicitor. Outparcels relying upon an internal vehicular road network shall be designed to avoid excessive queuing across parking aisles.
C.
All uses shall be sited on lots in such a manner as to provide for safe and convenient access for servicing, fire protection, waste collection, required off-street parking and loading spaces.
D.
Approved access shall be defined in terms of Chapter 135, Subdivision and Land Development, as may be amended from time to time, for street design or as subsequently provided for by the Township. Access to lots containing single-family dwellings and farms shall be via driveways. (See § 155-28.) Access to lots containing other uses shall be via access drives. (See § 155-25.)
§ 155-27 Clear sight triangle.
A.
On corner lots, there shall be provided and maintained a clear sight triangle of at least 75 feet, as measured along the center line of any streets from the intersecting roads. No structure, planting, excavation, nor other visual obstruction shall be permitted at a height greater than 30 inches within such area. All such clear sight triangles shall be depicted upon proposed subdivision and land development plans and sketch plans for zoning permit applications. If the clear sight triangle is not contained entirely within the public right-of-way, all recorded plans with access drives shall include a note granting the Township access to remove any visual obstruction within the clear sight triangle.
 |
B.
In addition, any vegetative material that creates a visual obstruction and is greater than 30 inches in height that existed on the effective date of this chapter and that is located within the above-described clear sight triangle shall be considered nonconforming. Such vegetation may continue for a period not to exceed six months from the effective date of this chapter. After six months, such vegetation must be trimmed so as not to create a visual obstruction or be removed by the owner.
§ 155-28 Driveway requirements for single-family dwellings and farms.
A.
Number per lot. No more than one driveway connection per lot frontage shall be permitted, except that two driveway connections shall be permitted along any lot frontage exceeding 200 feet.
B.
Setbacks.
(1)
Driveways shall not connect with a public street within 60 feet of the right-of-way lines of any intersecting streets, except that driveways may connect with a local street as listed in § 155-43 of this chapter directly opposite another local street.
(2)
Driveways shall not connect with a public street within five feet of a fire hydrant.
(3)
Furthermore, no part of a driveway shall be located within five feet of any adjoining side lot line, except as permitted in §§ 155-28B(4)(e), 155-28J, 155-28K, 155-28L, and 155-28M of this chapter.
(4)
If any of the preceding required setbacks cannot be met, the Zoning Hearing Board may grant a special exception to approve an alternate driveway design, subject to the following criteria:
(a)
There shall be a minimum ten-foot tangent distance between the end of the intersecting roadway radius and the beginning radius of a permitted driveway.
(b)
The distance from the nearest edge of cartway of an intersecting roadway to the beginning radius of a permitted driveway shall be a minimum of 30 feet.
(c)
If no other reasonable access to the property is available, and no reasonable alternative is identified, the driveway shall be located the farthest possible distance from the intersecting roadway. In such cases, directional connections (i.e., right in/right out only, right in only or right out only) may be required.
(d)
The municipality shall require restrictions at the driveway if the Township Engineer determines that the location of the driveway and particular ingress or egress movements will create safety or operational problems.
(e)
Driveways that serve adjoining duplexes shall be permitted within one foot of a side lot line that is located between said driveways.
C.
Clear sight triangle and adequate sight distance.
(1)
Driveways shall be located and constructed so that a clear sight triangle of 75 feet as measured along the street center line and five feet along the driveway center line is maintained as depicted below. No permanent obstructions and/or plant materials over 30 inches high shall be placed within this area.
(2)
Adequate sight distance shall be demonstrated on all plans and provided in accordance with "A Policy of Geometric Design of Highways and Streets" by the American Association of State Highway and Transportation Officials, the Pennsylvania Department of Transportation, in Publication 212, Engineering and Traffic Studies, both of which as may be amended and/or superseded. Such areas shall be kept free of improvements and vegetation or any other obstruction that would interfere with sight distance up to a height of 30 inches. In addition, all recorded plans with driveways shall include an easement granting the Township access to remove any visual obstruction within the area identified for adequate sight distance.
 |
D.
Slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines nor 15% elsewhere.
E.
Road classification. Driveway access shall be connected to the street of lesser classification when there is more than one street classification involved.
F.
Driveway surface, radius, width and apron. Driveways shall provide a minimum of 10 feet of paved width and a minimum radius of 15 feet. No driveway shall provide a curb cut exceeding 22 feet in width between the abutting street cartway and the street right-of-way. All driveways shall be paved or be constructed with a paved apron that extends from the street cartway to a depth of at least 25 feet onto the subject property. Beyond the paved apron, all driveways shall be provided with a dust-free surface, or, in the alternative, a fifty-foot-long gravel section of driveway shall be placed just beyond the preceding paved apron to help collect any mud that may have attached to a vehicle's wheels.
G.
Required permit. Any driveway intersecting with a state-owned road shall require the obtainment of a highway occupancy permit from the Pennsylvania Department of Transportation. Any driveway intersecting with a Township-owned road shall require the obtainment of a driveway permit from the Township.
H.
Drainage. Driveways shall be constructed in a manner consistent with the design, maintenance, and drainage of the street.
I.
Vertical clearance. Driveways shall maintain a vertical clearance of at least 12 feet that is clear of obstructions and vegetation to facilitate emergency vehicle access.
J.
Townhouses on individual lots are permitted to utilize front yard driveways and garages, if such driveways are only connected to local roads, and comply with the following regulations as depicted in the following diagram:
(1)
Such driveways must be separate on each lot and shall accommodate at least two off-street parking spaces.
(2)
Such driveway shall be at least 40 feet in length when single-width driveways are used without a garage. (See Lot 7.)
(3)
Such driveway shall be at least 20 feet in length when single-width driveways are used with a garage. (See Lot 4.)
(4)
Such driveway shall be at least 20 feet in length when double-width driveways are used with or without a garage. (See Lot 3.)
(5)
Such driveways must be set back at least:
(a)
Two feet from any lot line of an adjoining townhouse (See the common lot lines between Lots 1 and 2 and 5 and 6, and see the inset in the following diagram.);
(b)
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (See Lot 1.);
(c)
Twenty feet from the lot line of an end unit that abuts another end unit or a nontownhouse use (See Lot 7.); and
(d)
Five feet from the closest point of any building other than a garage. (See Lot 1.)
(6)
No individual driveway shall be narrower than 10 feet. (See Lot 7.)
(7)
Garages must be attached to, and rely upon, a driveway as permitted above.
(8)
Garages must be set back at least:
(a)
Twenty feet from the street right-of-way (See Lot 4.);
(b)
Five feet from any lot line of an adjoining townhouse that does not share an attached garage (See the common property line between Lots 4 and 5.);
(c)
Five feet from the townhouse building when the garage is a freestanding building (See Lots 3 and 4.); and
(d)
Twenty feet from the lot line of an end unit that abuts another end unit or a nontownhouse use. (See Lot 7.)
 |
K.
Townhouses on individual lots are permitted to utilize rear yard driveways and garages, if such driveways and garages comply with the following requirements as depicted in the following diagram:
(1)
Such driveways must be separate on each lot and shall accommodate at least two off-street parking spaces.
(2)
Such driveway shall be at least 40 feet in length when single-width driveways are used without a garage. (See Lot 7.)
(3)
Such driveway shall be at least 20 feet in length when single-width driveways are used with a garage. (See Lot 4.)
(4)
Such driveway shall be at least 20 feet in length when double-width driveways are used with or without a garage. (See Lot 3.)
(5)
Such driveways must be set back at least:
(a)
Two feet from any lot line of an adjoining townhouse (See the common lot lines between Lots 1 and 2 and 5 and 6.);
(b)
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (See Lot 1.);
(c)
Twenty feet from the lot line of an end unit that abuts another end unit or a nontownhouse use (See Lot 7.); and
(d)
Five feet from the closest point of any building other than a garage.
(6)
No individual driveway shall be narrower than 10 feet. (See Lot 7.)
(7)
Garages must be attached to, and rely upon, a driveway as permitted above.
(8)
Garages must be set back at least:
(a)
Twenty feet from the rear lot line or alley cartway, whichever provides the greater setback (See Lot 4.);
(b)
Five feet from any lot line of an adjoining townhouse that does not share an attached garage (See the common property line between Lot 5.);
(c)
Five feet from the townhouse building when the garage is a freestanding building (See Lot 6.); and
(d)
Twenty feet from the lot line of an end unit that abuts another end unit or a nontownhouse use. (See Lot 7.)
 |
L.
Townhouses on common property are permitted to utilize front yard driveways and garages, if such driveways are only connected to local roads, and comply with the following requirements as depicted in the following diagram:
(1)
Such driveways must be separate for each unit and shall accommodate at least two off-street parking spaces.
(2)
Such driveway shall be at least 40 feet in length when single-width driveways are used without a garage. (See Unit 7.)
(3)
Such driveway shall be at least 20 feet in length when single-width driveways are used with a garage. (See Unit 4.)
(4)
Such driveway shall be at least 20 feet in length when double-width driveways are used with or without a garage. (See Unit 3.)
(5)
Such driveways must be set back at least:
(a)
Four feet from any other driveway of an attached townhouse (See between Units 1 and 2 and 5 and 6 in the diagram below.);
(b)
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (See Unit 1.);
(c)
Twenty feet from a property line or a nontownhouse use or 40 feet from any other driveway of an end unit that abuts another end unit (See Unit 7.); and
(d)
Five feet from the closest point of any building other than a garage. (See Unit 1.)
(6)
No individual driveway shall be narrower than 10 feet. (See Unit 7.)
(7)
Garages must be attached to, and rely upon, a driveway as permitted above.
(8)
Garages must be set back at least:
(a)
Twenty feet from the street right-of-way (See Unit 4.);
(b)
Ten feet from any garage of an adjoining townhouse that does not share an attached garage (See Units 4 and 5.);
(c)
Five feet from the townhouse building when the garage is a freestanding building (See Units 3 and 4.); and
(d)
Twenty feet from a property line or a nontownhouse use or 40 feet from any other driveway of an end unit that abuts another end unit. (See Unit 7.)
 |
M.
Townhouses on common property are permitted to utilize rear yard driveways and garages, if such driveways are designed and constructed to provide independent access to both required off-street parking spaces, and comply with the following requirements depicted in the following diagram:
(1)
Such driveways must be separate for each unit and shall accommodate at least two off-street parking spaces.
(2)
Such driveway shall be at least 40 feet in length when single-width driveways are used without a garage. (See Unit 7.)
(3)
Such driveway shall be at least 20 feet in length when single-width driveways are used with a garage. (See Unit 4.)
(4)
Such driveway shall be at least 20 feet in length when double-width driveways are used with or without a garage. (See Units 2 and 3.)
(5)
Such driveways must be set back at least:
(a)
Four feet from any other driveway of an attached townhouse (See between Units 1 and 2 and 5 and 6, and see the inset in the above diagram.);
(b)
Thirty feet from the right-of-way of any street or alley which does not connect with the driveway (See Unit 1.);
(c)
Twenty feet from a property line or a nontownhouse use or 40 feet from any other driveway of an end unit that abuts another end unit (See Unit 7.); and
(d)
Five feet from the closest point of any building other than a garage. (See Unit 6.)
(6)
No individual driveway shall be narrower than 10 feet. (See Unit 7.)
(7)
Garages must be attached to, and rely upon, a driveway as permitted above.
(8)
Garages must be set back at least:
(a)
Twenty feet from the rear lot line or alley cartway, whichever provides the greater setback (See Unit 4.);
(b)
Ten feet from any garage of an adjoining townhouse that does not share an attached garage;
(c)
Five feet from the townhouse building when the garage is a freestanding building (See Units 3 and 4.); and
(d)
Twenty feet from a property line or a nontownhouse use or 40 feet from any other driveway of an end unit that abuts another end unit. (See Unit 7.)
 |
§ 155-29 Establishment of more than one principal use on lots.
More than one principal use may be established on a single lot only when each use complies with all of the lot area, yard and all other requirements of this chapter as though it were on an individual lot, and a plan has been recorded in compliance with the SLDO.[1]
§ 155-30 Exceptions to front yard requirements.
When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zone, the front yard required for a principal dwelling may be reduced to a depth equal to the average of the two adjoining lots, provided that in no case shall the front yard be less than 10 feet from an abutting street right-of-way line with a width of 50 feet or more and 20 feet from an abutting street right-of-way line with a width of less than 50 feet.
§ 155-31 Grading plans.
§ 155-32 Exceptions to height regulations.
A.
Except as relating to light poles for outdoor recreation as listed in § 155-33F(12) of this chapter, the height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line, are not used for habitable floor space, comply with applicable FAA regulations, comply with § 155-24 of this zone and are constructed in accordance with the prevailing Uniform Construction Code[1]:
(1)
Water towers, antennas, utility poles, smokestacks, chimneys, farm silos, windmills, flagpoles, clock or bell towers, spires, steeples, belfries, cupolas, monuments, dormers, satellite dishes, electrical transmission lines and structures, conveyors, derricks, skylights, solar energy collectors and other similar structures;
(2)
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances;
(3)
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline; and
(4)
Church or school roofs.
B.
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for any use.
§ 155-33 Lighting requirements.
A.
Purposes. This section is enacted for the following purposes:
(1)
To establish requirements for outdoor lighting installations which promote public safety and welfare during the nighttime while minimizing the adverse effects of glare and light trespass often associated with outdoor lighting;
(2)
To protect the privacy of property owners by limiting the potential for glare and light trespass from outdoor lighting installations located on adjacent properties and roadways;
(3)
To prohibit outdoor lighting installations which are of excessive intensity and/or are deficient of photometric control such that the resulting glare and light trespass create a nuisance to pedestrians, cyclists, or motorists on neighboring properties and roadways;
(4)
To promote outdoor lighting installations which serve to enhance the nighttime safety and enjoyment of pedestrians, cyclists, and motorists throughout the community;
(5)
To set forth outdoor lighting requirements which are consistent with lighting industry standards and practices, available technologies, and the lighting sciences.
B.
Applicability. The requirements of this § 155-33 shall apply to the following outdoor lighting installations:
(1)
Outdoor lighting installations which are newly designed, constructed, erected, or otherwise placed into operation after the effective date of this chapter.
(2)
Alterations, rehabilitations, or renovations to existing outdoor lighting installations which are commenced after the effective date of this chapter and which involve the complete replacement of an existing lighting system with a new lighting system.
(3)
Whenever a new outdoor light fixture replaces an outdoor light fixture that existed on the effective date of this chapter, the new fixture must meet the standards of this section.
C.
Nonapplicability.
(1)
The requirements of this section shall not apply to, nor be retroactive to, existing outdoor lighting installations which began operation before the effective date of this chapter. Routine maintenance of said existing outdoor lighting installations shall not be required to comply with the requirements of this section. Routine maintenance activities include the following:
(2)
The standards of this § 155-33 shall not apply to the following:
(a)
Temporary holiday lighting. This section does not prohibit the use of temporary outdoor lighting used during customary holiday seasons.
(b)
Civic event lighting. This section does not prohibit the use of temporary outdoor lighting used for civic celebrations and promotions.
(c)
Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, or other federal, state, county or municipal agencies, to include streetlights within the public right-of-way.
(d)
Outdoor lighting fixtures required by law enforcement, fire and rescue, or other emergency response agencies to perform emergency or construction repair work or to perform nighttime road construction.
D.
Adoptions by reference.
(1)
Unless superseded by requirements listed in this § 155-33 of this chapter, the "IESNA Lighting Handbook," most recent edition, as published by the Illuminating Engineering Society of North America (IESNA), is hereby adopted by reference and made a part hereof as if fully set out in this section. The publication is on file in the Township office.
(2)
Unless superseded by requirements listed in this § 155-33 of this chapter, the publication, a copy of which is on file in the Township office, being marked and designated as "American National Standard, Nomenclature and Definitions for Illuminating Engineering," most recent edition, as published by the Illuminating Engineering Society of North America (IESNA) and approved by the American National Standards Institute, Inc. (ANSI), and referred to in this section as the "ANSI/IESNA Lighting Definitions," is hereby adopted by reference and made a part hereof as if fully set out in this section.
E.
Design calculations in accordance with the IESNA Lighting Handbook. In addition to the specific requirements established in this section, the design calculations for outdoor lighting installations shall be in accordance with the IESNA Lighting Handbook. This includes, but is not limited to, technical definitions, terminology, calculation methods and procedures, photometric classifications, and photometric testing procedures. Illuminance selection should be based on the usage of the area to be illuminated, the level of activity, and nighttime security requirements.
F.
Performance standards.
(1)
In the A, R-1, R-2, R-3 and MU Zones, any lighting used to illuminate an off-street parking area or other structure or area shall be arranged so as to deflect light away from any adjoining property within the A, R-1, R-2, R-3 and MU Zones or from the public street. The light source shall be downcast, hooded, shielded or controlled so as not to light adjacent property in excess of the maximum intensity as defined below.
(2)
In the VC, HC, I and Q Zones, any lighting used to illuminate an off-street parking area or other structure or area shall be arranged so as to deflect light away from any adjoining property or from the public street.
(a)
Use of full-cutoff fixtures required. Except as noted below in § 155-33F(2)(a)[3] and [4], all fixtures employed in outdoor lighting installations shall be the full-cutoff fixture type as depicted in the adjoining diagram.
 |
[1]
The candlepower distribution classification of the fixture as a cutoff type shall be in accordance with the ANSI/IESNA Lighting Definitions and the IESNA Lighting Handbook. The manufacturer of the fixture shall provide certification of the cutoff classification based on photometric testing performed in accordance with the IESNA Lighting Handbook and the applicable testing procedures referenced therein. The requirement for the use of full-cutoff fixture types shall include, but is not limited to, the following outdoor area and roadway lighting configurations:
[2]
Full-cutoff fixtures shall be mounted plumb and level in accordance with the intended application of their design. For the purposes of this requirement, the center of the downward angle of the fixture (zero-degree vertical angle of the candlepower distribution) shall be oriented plumb, and the vertical angle of 90° above the horizon shall be oriented level. Full-cutoff fixtures shall not be installed in a canted or tilted position which permits candlepower distribution above the horizontal.
[3]
Fixtures which do not meet the strict definition for full-cutoff fixtures, yet employ advanced or alternative technology which causes the photometric performance to approach that of full-cutoff fixtures, may be approved by the Township on a case-by-case basis. Such fixtures include, but are not limited to, period-style fixtures with refractive globes and internal cutoff reflectors.
[4]
Fixtures with a total initial lumen output of 10,000 lumens or less shall be permitted for decorative, accent, or supplementary lighting applications, provided that glare shields are incorporated which cut off the candlepower distribution at and above the horizontal (level).
(3)
Illumination levels. Outdoor lighting, where required by this chapter or any other applicable ordinance, or provided on property within the Township, shall be provided within the range of permitted lighting levels as specified in the following table:
Required Lighting Levels | ||||
|---|---|---|---|---|
Measurement in Footcandles | ||||
Use | Minimum | Average | Maximum | |
Local street, where lighting is provided | 0.2 | 0.4 | 2.4 | |
Collector and arterial streets, where lighting is provided | 0.2 | 0.9 | 5.4 | |
Residential off-street parking lots | 0.2 | 0.8 | 3.0 | |
Nonresidential off-street parking lots (up to 100 spaces) | 0.2 | 0.8 | 3.0 | |
Nonresidential off-street parking lots (over 100 spaces) | 0.5 | 2.0 | 7.5 | |
Off-street loading areas | 2.0 | 10 | 20 | |
Walkways and bikeways (stairways, tunnels, bridges, elevation changes, ramps, obstructions and curves, etc.) | 0.1 | N/A | 2.0 | |
Walkways and bikeways at hazards (stairways, tunnels, bridges, elevation changes, ramps, obstructions and curves, etc.) | 0.5 | N/A | 2.0 | |
Building entrances and signs | 0.5 | N/A | 2.0 | |
Building facades, monuments, fountains and similar features | 0 | N/A | 5 | |
Parks and athletic courts/fields* | As recommended by the IESNA | |||
NOTES: | ||
|---|---|---|
* | Park and recreation lighting is also subject to the requirements of § 155-33F(12) of this chapter. | |
(4)
Intensity. No light source or combination thereof which casts light on a public street shall exceed a meter reading of one footcandle as measured from the center line of said street, nor shall any light source or combination thereof which casts light on adjacent residential property exceed 0.1 footcandle as measured at the property line or one footcandle on an adjacent nonresidential property.
(5)
Method of measuring light intensity. The footcandle level of a light source shall be taken after dark, with the light meter held six inches above the ground, with the meter facing the light source. A reading shall be taken with the light source on, then with the light source off. The difference between the two readings will be identified as the illumination intensity.
(6)
Height. The maximum height above the ground grade permitted for light sources mounted on a pole is 25 feet. A light source mounted on a building shall not exceed the height of the face of the building to which it is attached or 25 feet, whichever is less. No light sources shall be located on the roof unless said light enhances the architectural features of the building.
(7)
Location. The light source of an outdoor light fixture shall be set back a minimum horizontal distance equal to its height from each property line but in no case less than 10 feet from a street right-of-way and five feet from all side or rear lot lines.
(8)
Hours. Outdoor lighting which serves commercial or industrial uses that do not operate after dark must be turned off 1/2 hour after closing, except for approved security lighting in accordance with the following § 155-33F(9). For those commercial or industrial uses that offer services after dark, outdoor lighting may be utilized during the nighttime hours, provided the commercial or industrial use is open for service. Once the commercial or industrial use closes, the outdoor lighting must be turned off one hour after closing, except for security lighting.
(9)
Security lighting. In all zones, exterior lighting of a building and/or grounds for security surveillance purposes is permitted. Such lighting shall be arranged and of sufficient illumination to enable the detection of suspicious movement, rather than the recognition of definitive detail. For security lighting of grounds and parking lots, the level of illumination shall not exceed a maximum average illumination of 25% that level required in § 155-33F(3) of this chapter. Security lighting for buildings/structures shall be directed toward the face of the building/structure, rather than the area around it, and shall not exceed a maximum illumination of five footcandles.
(10)
Illumination under outdoor canopies. Under-canopy lighting shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The illumination in the area directly below the canopy shall not exceed 20 average footcandles, and the maximum shall not exceed 30 footcandles. Outdoor canopies include, but are not limited to, the following applications:
(11)
Billboards and signs. The lighting of new, or relighting of existing, billboards and signs shall be subject to the following requirements:
(a)
Externally illuminated billboards and signs shall have fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto the billboard or sign and not to project their output into the windows of neighboring residences, adjacent uses, past the face of the billboard or sign, skyward or onto a public roadway. Lighting shall be by linear fluorescent. At no point on the face of the sign or billboard and at no time shall the illumination exceed 30 vertical footcandles during nighttime.
(b)
The light source for internally illuminated signs and billboards shall not exceed 1,000 initial lumens per square foot of sign face.
(c)
The illumination of existing billboards (new billboards are prohibited) shall be limited to the I Zone, and the illumination of billboards within 400 feet of a residential use or the R-1, R-2, R-3 and MU Zones shall not be permitted.
(d)
The maximum illumination on the face of an externally illuminated billboard or sign shall not exceed 30 footcandles and shall have a maximum to minimum uniformity ratio not to exceed 6:1.
(e)
Rotating, traveling, pulsing, flashing, animated, marching or oscillating light sources, lasers, beacons, or strobe lighting shall not be permitted except within the Industrial Zone and not within 500 feet of a signalized traffic intersection, a residential use or the R-1, R-2, R-3 and MU Zones.
(f)
Signs incorporating LCD, LED, plasma, CRT, pixelized lights or other animated and/or video-like displays shall be limited to the VC, HC, I and Q Zones and shall comply with the requirements of § 155-45C(28) of this chapter.
(g)
The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.
(h)
No sign shall have lights or other illuminating devices that constitute a public safety or traffic hazard.
(i)
Signs may be interior lighted with nonglaring lights; signs may be externally lighted by lights that are shielded, so there is no direct light transmitted to other properties or public rights-of-way.
(j)
The light from any illuminated sign shall not adversely affect the vision of operators of vehicles moving on public or private streets or parking areas, any R-1, R-2, R-3 and MU Zones, or any part of a building or property used for residential purposes.
(k)
No lighting shall be permitted to outline buildings or structures or parts thereof through the use of exposed neon tubing, strings of lights, or other means, with the exception of customary holiday decorations, which may be installed 30 days prior to and removed not later than 21 days after the holiday.
(l)
Business signs in other than VC, HC, I and Q Zones shall not be illuminated when the business is closed.
(m)
All electrically illuminated signs shall be constructed to the standards/listing of the Underwriters Laboratories, Inc., and the latest edition of the National Electrical Code.
(n)
Applications for the lighting or relighting of signs and billboards shall be accompanied by a point-by-point plot of illuminance on the sign or billboard face, catalog cuts of proposed fixtures and any glare-reduction devices and a description of lamps, mounting locations, aiming angles and proposed hours of operation and method for automatically extinguishing the lighting.
(12)
Outdoor recreation. No lighting of recreation facilities shall be permitted brighter than that necessary for security purposes, except during recreation events. The nighttime illumination of outdoor recreational facilities for baseball, basketball, soccer, tennis, track and field, and football typically necessitates higher than normally allowed fixture mounting heights and aiming angles, utilizes very high-wattage lamps and potentially produces unacceptable levels of light trespass and glare when located near residential properties. The following requirements shall apply to the lighting of outdoor recreation facilities:
(a)
Lighting shall be accomplished only through the use of fixtures conforming to IESNA cutoff criteria (as depicted in the adjoining diagram), or as otherwise approved by the Township based on suitable control of glare and light trespass.
 |
(b)
No outdoor recreation facility, whether public or private, shall be illuminated after 11:00 p.m.
(c)
Maximum mounting heights for recreational lighting shall be in accordance with the following:
Outdoor Recreation Activity | Maximum Mounting Height (feet) | |
|---|---|---|
Basketball | 20 | |
Football | 70 | |
Soccer, lacrosse, field hockey, rugby and other similar field sports | 70 | |
Baseball (200-foot radius) | 60 | |
Baseball (300-foot radius) | 70 | |
Golf driving range | 30 | |
Miniature golf | 20 | |
Swimming pool aprons | 20 | |
Tennis | 20 | |
Track | 20 |
(d)
Off-street parking areas for outdoor recreation uses, which are illuminated, shall meet the requirements stated in § 155-33F(3) of this chapter.
(e)
In addition to the normal lighting plan submission requirements listed in § 155-33H of this chapter, applications for illuminating recreational facilities shall also contain the following:
[1]
Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties within 200 feet of the subject property.
[2]
Elevations containing pole and fixture mounting heights, horizontal and vertical aiming angles and fixture arrays for each pole location.
[3]
Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five feet line-of-sight.
[4]
Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.
[5]
A narrative describing the measures proposed to achieve minimum off-site disturbance.
G.
Prohibitions. No searchlights, flashing lights or lights that may cause a hazard by impairing a driver's vision shall be permitted.
H.
Submission of lighting plans. Where site lighting is required by this chapter, is otherwise required by the Township, or is proposed by the applicant, lighting plans shall be submitted for review and approval. The submission shall contain the following, in addition to other required data for the specific permit:
(1)
Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices.
(2)
Description of illuminating devices, fixtures, lamps, supports, reflectors and other devices, and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required, the angle of the cutoff or light emissions, etc.).
(3)
A point-by-point illuminance-grid plot on ten-foot by ten-foot centers (or as necessary for suitable legibility) of footcandles overlaid on the site plan, plotted out to 0.0 maintained footcandle, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this section.
(4)
When landscaping plans are involved, they shall contain the lighting fixture locations and shall demonstrate that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.
(5)
When requested by the Township, the applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate the potential consequences of on-site and off-site glare. This plan may require the inclusion of footcandle values at specific off-site locations (e.g., bedroom windows of adjacent residential uses, street center lines, etc.).
(6)
Required plan notes. The following notes shall appear on the lighting plan:
(a)
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.
(b)
The Township reserves the right to conduct post-installation nighttime inspections to verify compliance with the requirements of this chapter and as otherwise agreed upon by the Township and, if appropriate, to require remedial action at no expense to the Township.
§ 155-34 Minimum habitable floor area.
§ 155-35 Noise standards.
A.
Except for agricultural, horticultural and forestry-related uses and as provided in § 155-35B of this chapter, no use shall generate exterior noise levels in excess of those listed in the following table:
Measurement Taken Along Adjoining Property Within the Following Zones | Time Period | Maximum Permitted Noise Level (dBA) | |
|---|---|---|---|
R-1, R-2, R-3 and MU | 6:00 a.m. to 10:00 p.m. | 50 | |
R-1, R-2, R-3 and MU | 10:00 p.m. to 6:00 a.m. | 45 | |
VC and HC | 6:00 a.m. to 10:00 p.m. | 60 | |
VC and HC | 10:00 p.m. to 6:00 a.m. | 55 | |
A, I and Q | Anytime | 70 |
B.
Should the ambient noise level at any location exceed the above standards, that ambient noise level shall become the maximum permitted noise level at that location. The maximum permitted noise level shall be applied to regularly occurring uses and activities. The following short-term and instantaneous generators of noise are permitted at noise levels 20 dBA higher than the above-described standards, but only between 7:00 a.m. and 10:00 p.m.:
C.
Sound-pressure level shall be measured according to the specifications published by the American Standards Association.
D.
All noise shall be muffled so as not to be objectionable due to intermittence, beat, frequency, or shrillness.
E.
The maximum permissible sound limits listed above shall not apply to any of the following noise sources:
(1)
The emission of sound for the purpose of alerting people to the existence of an emergency or associated practice drill.
(2)
Emergency work to provide electricity, water, or other public or private utility when the public health, safety, and welfare of the general population is at risk.
(3)
Domestic hand and domestic power tools, machines, and/or equipment between the hours of 7:00 a.m. and 7:00 p.m. (prevailing time) on Monday through Friday and between the hours of 8:00 a.m. and 7:00 p.m. (prevailing time) on Saturday and Sunday.
(4)
Excavation and commercial construction operations and/or activities carried on between the hours of 7:00 a.m. and 7:00 p.m. (prevailing time) on Monday through Friday and between the hours of 8:00 a.m. and 7:00 p.m. (prevailing time) on Saturday and Sunday.
(5)
Public celebrations, including fireworks displays, authorized by the Township.
(6)
Blasting operations associated with extractive-related industries when conducted in accord with use-specific regulations contained within § 155-117 of this chapter.
(7)
Blasting in conjunction with non-extractive-related excavation and construction operations between the hours of 7:00 a.m. and 7:00 p.m. (prevailing time) on Monday through Friday and between the hours of 8:00 a.m. and 7:00 p.m. (prevailing time) on Saturday and Sunday.
§ 155-36 Off-street loading spaces.
A.
When required. Compliance with this § 155-36 shall be required prior to the occupancy of any building or use that requires off-street loading. Off-street loading spaces shall be provided on the same lot as the use that it serves. These facilities shall be provided whenever:
B.
Site plan approval.
(1)
Each application for a zoning permit for a use for which off-street loading spaces are required shall include a site plan drawing showing the proposed layout of the off-street loading spaces. The drawing shall clearly include the design elements required by this section.
(2)
No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.
D.
Schedule of required off-street loading spaces. The schedule of required off-street loading spaces is as follows:
Type of Use | Number of Spaces Per Gross Floor Area/Dwelling Units | ||
|---|---|---|---|
Number of Spaces | Gross Floor Area/Dwelling Units | ||
Hospital or other institution | None 1.0 +1.0 | First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction) | |
Hotel | None 1.0 +1.0 | First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction) | |
Industry or manufacturing | None 1.0 +1.0 | First 2,000 square feet 2,000 to 25,000 square feet Each additional 40,000 square feet (or fraction) | |
Office building, including banks | None 1.0 +1.0 | First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction) | |
Retail sales and services, per principal use | None 1.0 2.0 +1.0 | First 2,000 square feet 2,000 to 10,000 square feet 10,000 to 40,000 square feet Each additional 100,000 square feet (or fraction) | |
Shopping centers (integrated shopping centers, malls and plazas) having at least 25,000 square feet of gross floor area | 1.0 +1.0 | 25,000 square feet, up to 100,000 square feet Each additional 100,000 square feet | |
Theater, auditorium, bowling alley, or other recreational establishment | None 1.0 +1.0 | First 10,000 square feet 10,000 to 100,000 square feet Each additional 100,000 square feet (or fraction) | |
Undertaking establishment or funeral parlor | None 1.0 +1.0 | First 3,000 square feet 3,000 to 5,000 square feet Each additional 10,000 square feet (or fraction) | |
Wholesale or warehousing (except mini warehousing) | None 1.0 +1.0 | First 1,500 square feet 1,500 to 10,000 square feet Each additional 40,000 square feet (or fraction) | |
Multifamily dwelling | None 1.0 +1.0 | Less than 100 dwelling units 100 to 300 dwelling units Each additional 200 dwelling units (or fraction) | |
§ 155-37 Off-street parking.
A.
When required. Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use. Off-street parking shall be provided whenever:
B.
Reduction of existing parking. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under § 155-37F of this chapter.
C.
Parking for single-family detached dwellings. Every single-family detached dwelling shall be required to provide at least two off-street parking spaces that are each a minimum of nine feet wide and 18 feet long. Such spaces must be provided behind the street right-of-way line and may be within garages, carports, and/or driveways. Additional regulations pertaining to driveways are contained in § 155-28 of this chapter. The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family detached dwelling. The schedule of required parking spaces for other uses is contained in § 155-37F of this chapter.
D.
Site plan approval.
(1)
Each application for a zoning permit for a use that requires off-street parking spaces shall include a site plan drawing showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required here below.
(2)
No zoning permit shall be issued for any use for which off-street parking spaces are required unless the site plan has been approved or necessary variances have been obtained.
F.
Schedule of required parking spaces. Except as provided for in § 155-37F(1) and (3) (immediately following the below table), the minimum number of automobile and oversized off-street parking spaces to be provided for each land use type shall be as indicated on following chart. Any use involving a combination of several uses shall provide the sum of the number of spaces required for each individual use. Any calculation that results in a fraction shall require an additional full space.
Type of Use | Minimum of 1 Passenger Parking Space for Each | Minimum of 1 Oversize Parking Space for Each | |
|---|---|---|---|
Commercial Uses | |||
Automobile, truck, trailer, bus, and recreational vehicle repair and washing facilities | 1/4 service and/or washing bay (i.e., 4 per bay) | 10,000 square feet of gross floor and ground area devoted to repair and service facilities | |
Automobile, boat, and trailer sales | 500 square feet of gross indoor and outdoor display areas | 10,000 square feet of gross indoor and outdoor display areas | |
Banks and similar financial institutions | 200 square feet of gross floor area | 10,000 square feet of gross floor area | |
Carpeting, drapery, floor covering, and wall covering sales | 500 square feet of gross floor area | 10,000 square feet of gross indoor and outdoor display areas | |
Convenience stores | 75 square feet of gross floor area | 1,000 square feet of gross floor area | |
Drive-through and/or fast-food restaurants | 2 seats and 1 per each 2 employees | 30 seats | |
Food markets and grocery stores | 150 square feet of gross floor area | 5,000 square feet of gross floor area | |
Fuel dispensing use as a principal or accessory use | 2 parallel spaces arranged in a stacked configuration for each fuel dispensing location | Fuel dispensing use | |
Funeral homes | 50 square feet of gross floor area | Funeral home | |
Furniture sales | 500 square feet gross floor area | 10,000 square feet of gross floor area | |
Hotels, motels | Guest sleeping room and 1 per each employee on 2 largest shifts (Restaurants and other accessory uses shall add to this requirement.) | 10 guest sleeping rooms | |
Mini warehouses | 25 units, plus 1 per 250 square feet of office space, plus 2 per any resident manager | 25 units | |
Nightclubs | 2 seats of legal occupancy, plus 1 per each employee on site at 1 time | 30 seats of legal occupancy | |
Office buildings | 250 square feet of gross floor area | 10,000 square feet of gross floor area | |
Clinics and professional offices of veterinarians, physicians, dentists, opticians, counselors, etc. | 8 spaces per practitioner, plus 1 per employee | 10,000 square feet of gross floor area | |
Retail services (e.g., barbers, beauticians, masseuse, tanning salon, tattoo parlor, photographer, etc.) | 4 spaces per practitioner or 2 spaces per service station, whichever produces the greater number | 10,000 square feet of gross floor area | |
Retail stores or shops (except those listed above) | 200 square feet of gross floor area, plus 1 per each employee on 2 largest shifts | 5,000 square feet of gross floor area | |
Restaurants and taverns | 3 seats, plus 1 per each employee on largest shift | 30 seats | |
Shopping centers or malls | See § 155-127I | 5,000 square feet of gross floor area | |
Other commercial buildings | 400 square feet of gross floor area | 5,000 square feet of gross floor area | |
Auditorium, banquet, conference, and meeting facilities; church, theater, and other such places of public assembly | 3 seats. For uses without permanent seats, 50 square feet are used for assembly purposes | 100 persons of legal occupancy | |
Industrial Uses | |||
Industrial and heavy manufacturing establishments | 2 employees on the 2 largest shifts or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number | 10,000 square feet of gross floor area | |
Warehousing | Employee on the 2 largest shifts | 10,000 square feet of gross floor area | |
Other industrial uses | 2 employees on the 2 largest shifts or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number | 10,000 square feet of gross floor area | |
Recreation Uses | |||
Amusement arcades | 80 square feet of gross floor area | 30 persons of legal occupancy | |
Baseball, soccer, field hockey, lacrosse, rugby, football and other athletic fields (without spectator seating) | 1/12 field (12 per field) | Field (i.e., 1 per field) | |
Baseball, soccer, field hockey, lacrosse, rugby, football and other athletic fields (with spectator seating) | 1/12 field (12 per field), plus 1 per each 4 seats of spectator seating | 1/2 field (i.e., 2 per field) | |
Basketball and volleyball courts (without spectator seating) | 1/8 court (8 per court) | Court (i.e., 1 per court) | |
Basketball and volleyball courts (with spectator seating) | 1/8 court (8 per court), plus 1 per each 4 seats of spectator seating | 1/2 court (i.e., 2 per court) | |
Bowling alleys, billiards rooms | 1/4 lane/table (i.e., 4 per lane/table) and 1 per each 2 employees | 100 persons of legal occupancy | |
Campgrounds | Non-RV campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses | RV campsite, plus 1 per 20 non-RV campsites | |
Golf courses | 1/2 hole (i.e., 2 per hole), plus 1 per employee, plus 50% of the spaces normally required for accessory uses | 9 holes | |
Golf driving ranges | 1 per tee and 1 per employee | 20 tees | |
Gymnasiums (without spectator seating) | 1/8 court (8 per court) | Court (i.e., 1 per court) | |
Gymnasiums (with spectator seating) | 1/8 court (8 per court), plus 1 per 4 seats of spectator seating | 1/2 court (i.e., 2 per court) | |
Miniature golf courses | 1/2 hole (i.e., 2 per hole) and 1 per employee | 18 holes | |
Riding schools or horse stables | 2 stalls, plus 1 per every 4 seats of spectator seating | 4 stalls | |
Picnic areas | Per table | 20 tables | |
Skating rinks | 4 persons of legal occupancy | 100 persons of legal occupancy | |
Swimming pools (other than one accessory to a residential development) | 4 persons of legal occupancy | 100 persons of legal occupancy | |
Tennis or racquetball clubs | 1/4 court (i.e., 4 per court), plus 1 per employee, plus 50% of the spaces normally required for accessory uses | 10 courts | |
Residential Uses [Amended 5-17-2010 by Ord. No. 2010-M] | |||
Single-family detached dwellings, two-family conversions, and conversion apartments | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) | See § 155-113 of this chapter | |
Boardinghouses, group homes, bed-and-breakfasts, orphanages, dormitories, rectories, etc. | Bedroom | See § 155-113 of this chapter | |
Duplex, quadraplexes, townhouse and multiple-family dwellings | 1/3 dwelling unit (i.e., 3 spaces per dwelling unit). Such parking spaces can take the form of private driveways or garages and/or common parking lots, provided all spaces required are within 150 feet of the unit served | See § 155-113 of this chapter | |
Social and Institutional Uses | |||
Auditorium, banquet, conference, and meeting facilities; church, theater, and other such places of public assembly | 3 seats. For uses without permanent seats, 50 square feet are used for assembly purposes | 100 persons of legal occupancy | |
Clubs, lodges and other similar places | 2 seats, but not less than 100 square feet of gross floor area, and 1 per each employee on 2 largest shifts | 30 persons of legal occupancy | |
Nursing, rest or retirement homes | 4 accommodations (beds), in addition to those needed for doctors and support staff | 100 persons of residency | |
Hospitals, sanitariums | Spaces shall be provided for visitors at the rate of at least 1 space per each 1.5 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel | 100 accommodations (beds) | |
Museums, art galleries, cultural centers, libraries | 400 square feet of gross floor area | 100 persons of legal occupancy | |
Rehabilitation centers (without overnight accommodations) | 1 per each employee and per each 3 people anticipated to be handled through the facility | 30 persons of legal occupancy | |
Schools below grade 10, including principal day care and kindergarten | 6 students of maximum permitted enrollment capacity | 60 students of maximum permitted enrollment capacity | |
Schools, tenth grade and above, including colleges with on-site housing for a majority of students enrolled | 3 students of maximum permitted enrollment capacity | 40 students of maximum permitted enrollment capacity | |
Colleges that do not offer on-site housing for a majority of students enrolled | 1.5 students of maximum permitted enrollment capacity | 60 students of maximum permitted enrollment capacity | |
Vocational training and adult education facilities | 1.5 students of maximum permitted enrollment capacity | 60 students of maximum permitted enrollment capacity | |
(1)
All other uses not specifically mentioned above shall provide off-street parking spaces to accommodate one space for the maximum number of persons regularly employed, having business, and/or resident upon the premises at any given time.
(2)
For commercial and industrial uses, no off-street parking area shall accommodate more than 120% of the minimum requirement, regardless of whether such additional spaces are provided with pervious surfacing, except as provided for below by § 155-37F(3).
(3)
Alternative off-street parking standards to those provided in this section may be permitted by the Zoning Hearing Board as a special exception in accordance with § 155-174C of this chapter. The applicant shall prove that adequate parking is provided for all uses within the development. Such proof shall include, but not necessarily be limited to, the following:
(a)
Estimates of required parking needs based upon actual traffic or parking surveys for existing similar land uses located in comparable settings.
(b)
Analysis of shared parking facilities with other uses that routinely experience peak parking demands at different times of the day, week, or season, and where the parking spaces required by one use can also accommodate another nearby use.
(c)
Analysis of the possible use of permeable surfaces for overflow parking where such overflow parking area would be used sparingly and where the applicant can show that the permeable surfaces will be constructed of stable materials and will be environmentally beneficial to the community.
(d)
Analysis of the likelihood of the use of bus service (both public transit and charter service) by a significant volume of patrons.
G.
Parking of commercial trucks. Within the (A) Zone, the parking of no more than one commercial truck with a gross vehicle weight of no more than 11,000 pounds (Class IV) is permitted upon farms and residential properties, subject to the following conditions:
(1)
The parking of a commercial truck upon a residential property is limited to a vehicle operated by the occupant of the residence and must be located within a completely enclosed garage unless the site has at least two acres. No such parking space therein shall be leased to a nonresident of the lot.
(2)
One commercial truck may be parked or stored upon a farm where the use of such vehicle is not incidental to the use of the premises but is driven by an occupant of the farm. No business, occupation, or service shall be conducted therein.
(3)
Any driveway used for commercial truck access shall have a minimum inside turning radius of 50 feet.
(4)
The driveway upon which a commercial vehicle is parked must have sufficient area for a truck turnaround so that the vehicle can enter and exit the site in a forward direction.
(5)
The commercial truck must be parked behind the front building setback line or at least 100 feet, whichever is the lesser distance.
(6)
Any driveway used for commercial truck access shall have a minimum one-hundred-foot paved apron as measured from the street right-of-way.
(7)
Commercial motor vehicles or commercial trailers of any kind or type without current license plates and current inspection stickers shall not be parked or stored upon any property other than in a completely enclosed garage or other accessory building. This requirement shall not apply to implements and other vehicles not normally used as conveyances on the public streets.
§ 155-38 On-lot sewage disposal system requirements.
A.
Two disposal sites required.
(1)
For uses that will not be served by public or community sewage disposal systems, no lot shall be created or built upon and no subdivision or land development plan shall be approved unless and until primary and secondary on-lot sewage disposal sites are located and approved by the Township Sewage Enforcement Officer pursuant to all applicable regulations.
(2)
No subdivision or land development plan shall be approved and recorded unless and until said plan and any deeds relating thereto are marked with the metes and bounds descriptions of the approved primary and secondary on-lot sewage disposal sites. The locations of the approved primary and secondary sites shall be depicted by a rectangle enclosing the tested area and shall depict the exact locations of failed and passing percolation holes, soil probes by number, limiting zone depth in inches for each soil probe, and the percentage of slope over the tested area, with an arrow depicting slope direction. Where one or more of the proposed lots contain an existing dwelling or other structure with an on-lot sewage disposal system, an approved secondary site shall be located and described as a condition of approval.
(3)
The owner and/or developer of any lot, subdivision or land development that are subject to the requirements of this § 155-38 shall cause each plat, plan, deed, agreement of sale and/or any other document offering the lot for sale, lease or other transfer to be annotated with a notice in the form of a restrictive covenant, approved by the Township, to the buyer, tenant, or other party in interest advising of, and enforcing, the requirements of this section. Such covenant shall protect the secondary on-lot sewage disposal site from excavation, construction and other activities that would result in disturbance of the soil's ability to renovate sewage effluent until such time as the secondary on-lot sewage disposal site is activated due to malfunction of the initial disposal site.
(4)
The notice required by § 155-38A(3) shall state to the effect that there exist primary and secondary on-lot sewage disposal sites, and that the secondary site shall be protected from use and not disturbed in any manner which would impact its intended use until such time as it is necessary to construct a second on-lot sewage disposal system. Said notice shall specifically refer to this section and any other documents or materials, including but not limited to deeds, deed restrictions, restrictive covenants, land development plans, and similar documents, which identify or relate to the secondary site.
B.
Minimum lot area. Regardless of any maximum lot area requirements listed elsewhere in this chapter, the minimum required lot size may be increased to insure an acceptable level of nitrate-nitrogen in the adjoining groundwater and to properly accommodate a secondary on-lot sewage disposal site. Such determinations will be made by the PA DEP through its sewer module review process. If required by PA DEP, the applicant shall prove that the amount of land needed is the minimum necessary for such protection to insure an acceptable level of nitrate-nitrogen in the adjoining groundwater and to properly accommodate a secondary on-lot sewage disposal site.
§ 155-40 Operations and performance standards.
A.
Required compliance with applicable regulations.
(1)
All uses within the Township shall operate in compliance with all applicable state and federal regulations. Performance standards identified herein are applicable to all land uses, existing and/or proposed, in all zones of Conewago Township.
(2)
No use or premises in any zone shall be developed, operated, altered, or occupied in a manner so as to create any dangerous, injurious, noxious, or otherwise harmful, relative to fire, explosive, radiation, or other hazard, noise or vibration; smoke, dust, odor, or other form of air pollution; electrical or other disturbance; liquid or solid refuse or wastes; conditions conducive to the breeding of vermin; or other substance, condition, or element, in any manner or amount as to adversely affect the surrounding areas as described herein.
(3)
Notwithstanding the laws and regulations of the United States Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and any other state and/or federal regulations, the standards contained herein shall be utilized by Conewago Township as regulatory controls on land use.
(4)
These standards shall be utilized in the evaluation of all zoning applications, zoning enforcement activities, subdivision plan proposals, and land development plan proposals, where applicable.
(5)
These standards shall also be utilized as regulatory measures in the evaluation of existing land uses and activities conducted thereon. Compliance with these standards shall be demonstrated on a continuous basis and shall be enforced by the Zoning Officer.
(6)
Property owners and/or proprietors who have been cited for any violation(s) of the performance standards identified herein shall be responsible for all costs incurred by the Township through its professional consultants and administrative staff in their performance of background investigations, legal proceedings, retributions, and rectification measures.
(7)
The following lists Township regulations and other known governmental regulations associated with various land uses and their impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners.
B.
Air pollution, airborne emissions, and odor.
(1)
The Pennsylvania Air Pollution Control Act,[1] enacted January 8, 1960, and as amended, in conjunction with Chapter 131, Ambient Air Quality Standards,[2] and Chapter 123, Standards for Contaminants,[3] of Article III of Title 25, Rules and Regulations of 1971, as amended, of the Pennsylvania Department of Environmental Protection shall be considered as minimum standards for the control of smoke, dust, fumes, and emissions and shall control the emission of smoke, dust, dirt, fly ash, fumes, vapors, gases and odors.
(2)
No use shall discharge contaminants to the air in excess of the limits prescribed herein, or as may be amended and/or created by state and/or federal laws, rules, and regulations, unless such measures shall be utilized as prescribed by the applicable regulatory agency.
(3)
There shall be no emission into the atmosphere of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart, as published by the United States Bureau of Mines or successor agency. Visible gray smoke as dark as No. 2 on the said chart may be emitted, if permitted by state and/or federal regulatory controls, for a period or periods totaling no more than four minutes within any given eight-hour period. These provisions shall apply to smoke of other colors having an equivalent apparent opacity.
(4)
No use shall discharge particulate matter into the atmosphere from incinerators in excess of 9.1 grains per cubic foot of gas at standard conditions corrected to 12% carbon dioxide, except as may be designated under specific contaminants and as regulated by state and/or federal regulatory controls.
(5)
Open burning is not permitted unless such burning is consistent with the provisions and restrictions of all codes, regulations, and ordinances adopted by Conewago Township.
(6)
No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the property line of the use generating such odor. The guide for determining such quantities of offensive odors shall be the 50% response level of Table L, "Odor Thresholds in Air," contained in the publication "Research on Chemical Odors: Part I, Odor Thresholds for 53 Commercial Chemicals, "October 1968, Manufacturing Chemists Association, Inc., Washington, D.C., and as may be amended.
C.
Electrical, diesel, gas or other power. See the Rules and Regulations of the Pennsylvania Departments of Health and Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. Every use requiring electrical, diesel, gas or other power source shall be so operated that any service lines, substations, etc., shall conform to the highest applicable safety requirements, be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, and concealed from abutting residential properties or adjoining A, R-1, R-2, R-3 and MU Zones.
D.
Fire and explosives.
(1)
It is the responsibility of each property owner and/or tenant to ensure that his/her use does not jeopardize the public health, safety, and welfare of the Township because of potential explosive, fire, and/or hazardous condition.
(2)
All activities and all storage of flammable and explosive materials shall be provided with safety devices against hazards of fire and explosion, along with adequate fire-fighting and fire-suppression equipment and devices as detailed and specified by state and federal regulations.
(3)
All explosive material shall conform to the requirements of Chapter 211, Title 25, Pennsylvania Department of Environmental Protection, rules and regulations for storage, handling, and use of explosives.
E.
Glare and heat. See the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. In addition, all uses shall comply with those lighting standards listed in § 155-33 of this chapter. No use shall produce heat above the ambient temperature that is perceptible beyond the subject property.
F.
Materials and waste storage, handling and disposal.
(2)
All principal commercial, industrial, institutional, and health-care-related uses shall be required to provide detailed information regarding materials and waste handling, including:
(a)
Listing of all materials to be used and/or produced on the site;
(b)
Listing of all wastes generated on the site; and
(c)
Written evidence that the storage, treatment, processing, transfer, and disposal of all materials and wastes shall be accomplished in a manner that complies with all applicable federal, state, county, and municipal requirements, including, but not limited to, the following:
(3)
No flammable or explosive liquids, solids, or gases shall be stored above ground, except within receptacles which meet all local, state, and/or federal regulations, unless restricted or prohibited by other regulatory controls contained within this chapter.
(4)
All storage facilities for fuel stored outdoors shall be enclosed by a security fence and screened from adjoining roads and properties.
(5)
All storage facilities for fuel stored outdoors shall be located in accord with any state and/or federal regulatory requirements for separation distances.
(6)
Highly flammable or toxic or hazardous or explosive liquids, solids, or gases shall be stored above ground in leakproof double-walled containment vessels which accommodate testing for leaks, and all such containment vessels and facilities shall be suitably screened by natural plantings so that they are not visible from lot lines.
(7)
No substance which has the potential to contaminate groundwater or surface waters shall be permitted to be stored outdoors unless the property owner and/or proprietor provides safeguards from potential contamination satisfactory to the Township based upon state and federal requirements.
(8)
No materials or wastes shall be stored or deposited upon a lot in such form or manner that they:
(9)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to vermin shall be stored only if enclosed in containers which are adequate to eliminate such hazards.
(10)
All uses must properly dispose of wastes in accordance with all applicable laws and regulations. Except as provided for in § 155-108 of this chapter, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.
(11)
Within the A, R-1, R-2, R-3 and MU Zones and/or upon any property used for a principal residence, the use of dumpsters is limited to temporary periods during events such as construction, remodeling, moving and similar activities. The use of dumpsters shall not exceed 90 days during any calendar year and only following the obtainment of a zoning permit. Such dumpsters must be located so as not to block any required clear sight triangles as required in §§ 155-25C, 155-27 and 155-28C of this chapter and be at least 10 feet from all lot lines. The Zoning Officer may issue a one-time extension to the zoning permit if the applicant can demonstrate that the nature of the proposed activity:
H.
Noise pollution. See the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. In addition, all uses shall comply with those noise standards listed in § 155-35 of this chapter.
I.
Radiation; radioactivity; electrical interference. See the Rules and Regulations of the Pennsylvania Departments of Health and Environmental Protection, as well as any and all regulations that may succeed or replace these regulations.
J.
Sewage and other waste disposal. See the Rules and Regulations of the Pennsylvania Departments of Health and Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. In addition, all uses shall comply with those applicable standards listed in §§ 155-38 and 155-40 of this chapter.
K.
Vibration. See the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as well as any and all regulations that may succeed or replace these regulations. In addition, no use shall create vibration that is perceptible beyond the subject property or produces a peak measurement of 0.002 g from either seismic or electronic vibration detection devices.
L.
Water pollution. See the Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691.1, as amended, as well as any and all regulations that may succeed or replace these regulations.
§ 155-41 Outdoor storage and display requirements.
A.
Shopping cart storage. For grocery stores and other stores containing grocery departments, variety stores, home improvement and building supply stores, and other uses that provide shopping carts for use by customers, the outdoor storage and collection of shopping carts is permitted, subject to the following:
(1)
Shopping carts may be collected and stored immediately in front of the storefront (upon sidewalks, or under a canopy) and/or within the parking lot.
(2)
In no case shall such designed shopping cart storage and collection areas be located upon any facilities used for vehicle circulation, required parking and loading areas, or emergency vehicle access provisions (e.g., fire lanes).
(3)
Shopping cart storage and collection areas shall be situated to provide clear pedestrian access (sidewalk or other area) at least eight feet wide adjoining the storefront.
(4)
Signage for shopping cart storage and collection areas shall be governed by those regulations pertaining to on-site directional and informational signs as regulated by this chapter.
B.
Seasonal sidewalk displays.
(1)
Only seasonal merchandise may be displayed and shall be limited to the periods from April 1 to October 1 and November 25 to January 5.
(2)
The location of such outdoor displays shall be limited to sidewalks, under canopies, and other areas immediately in front of the building/storefront. The stacking or display of such items shall be arranged to provide clear pedestrian access (sidewalk or other area) at least eight feet wide.
(3)
In no case shall the location of such sidewalk display areas occur within any area used for vehicular circulation, required parking and loading areas, or emergency vehicle access provisions (e.g., fire lanes).
(4)
In no case shall such sidewalk display area exceed 50% of the linear area of the storefront. For example, a storefront 200 feet long could have a sidewalk display directly in front of the store with a maximum length of 100 feet.
(5)
No signage, except as authorized by this chapter, shall be permitted.
(6)
The applicant shall submit a working plan to the Township for the cleanup of litter and debris which may result from such outdoor display. Also, the applicant shall depict intended sidewalk display areas upon any permit applications and/or plans required by the Township. No additional permits shall be required unless such area is to change location or size.
C.
Special event sales.
(1)
In addition to the other provisions of this section, two special event sales shall be permitted per calendar year. Such special event sales shall be limited to no more than a total of 30 days per calendar year.
(2)
Areas used for special event sales displays shall be sited to comply with the setback requirements for a principal structure or principal use, whichever is greater.
(3)
Special event sales may be located within the parking lot, provided that such location does not contribute to congestion within the parking lot, and upon the access drives that provide direct access to public roads. Within parking lots, such display areas shall be clearly delineated from the adjoining parking lot by the use of identifiable barriers (such as tents, canopies, temporary fences, or ropes). Additionally, location within the parking lot shall only be permitted insofar that the remaining parking spaces available for use are greater than or equal to the number of such spaces required for the principal use by this chapter.
(4)
The area devoted to special event sales displays shall not exceed 20% of the gross leasable floor area of the use(s) conducting the special event sale.
(5)
In shopping centers, special event sales shall be jointly held by all of those occupants of the shopping center that wish to participate. No individual occupants of a shopping center shall be permitted to conduct separate special event sales.
(6)
All uses conducting a special event sale shall be responsible for the ongoing cleanup of litter and debris. Also, no exterior public address or lighting systems shall be used that produce glare or noise impacts discernible at or beyond the property line.
(7)
Signage for special event sales shall comply with the applicable requirements contained within this chapter.
§ 155-42 Projections into yards.
The following projections shall be permitted into required yards and shall not be considered in the determination of yard size, lot coverage, or building coverage:
A.
Projecting architectural features (such as bay windows, cornices, eaves, fireplaces, chimneys, windowsills, and similar features), provided that any single such feature does not exceed five square feet in external area when viewed in plan view.
B.
Uncovered stairs and landings, provided that such stairs or landings do not exceed three feet six inches in height.
C.
Open balconies and fire escapes, provided that such balcony or fire escape is not supported on the ground and does not project more than five feet into any yard nor come within three feet of any property line.
§ 155-45 Signs.
A.
Purpose:
(1)
To provide for signs as a means of effective visual communication.
(2)
To promote adopted comprehensive planning and zoning objectives.
(3)
To assure compatibility of signs with land uses and buildings in the vicinity of the signs and in the community as a whole.
(4)
To improve the safety of pedestrians, vehicular traffic, and property.
(5)
To enhance the economic value of the community.
(6)
To enhance the aesthetic environment.
(7)
To minimize adverse effects of signs on nearby property.
(8)
To otherwise promote the public health, safety, morals, and general welfare of the community.
 |
(9)
To regulate the use of signs through a sign permitting process.
(10)
To enable the fair and consistent enforcement of these sign regulations.
B.
Sign area and height. The following guidelines shall apply when interpreting area and height regulations in this section:
(1)
Area. The area of a sign shall be the area of the smallest rectangle, triangle, or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs, or other display.
(a)
When the sign is a separate unit, the area shall include any borders, framing, trim, decorative attachments, background, and space between elements; it shall not include any supporting structure, unless that structure is illuminated, is in the form of a symbol, or contains advertising elements.
(b)
When the sign is applied to a wall or otherwise has no definable edges, the area shall include all color, artwork, or other means used to differentiate the sign from the surface upon which it is placed.
(c)
When a single sign structure has more than one face with the same message, and no two sign faces are more than three feet apart at any point, the area shall be computed by determining the greatest total area of all sign faces visible from any single location.
(2)
Height. The height of a sign shall be measured from the average ground level beneath the sign to the highest point of the sign. The ground level shall be the lower of the ground level existing at the time of construction or the ground level existing prior to construction and prior to any earth disturbance at the site. This prior ground level may be established by any reliable source, including, without limitation, existing topographic maps, aerial photographs, photographs of the site, or affidavits of people who are personally familiar with the site. No person(s) shall artificially increase the maximum height of a sign by altering the grade at the base of the sign by any means.
(a)
No sign shall be higher than the height limitation imposed by this chapter.
(b)
The height of freestanding signs shall be controlled by the standards in Tables 1 and 2 listed in § 155-45D of this chapter.
(c)
Wall signs may be at any height on the wall to which they are attached, except that they may not extend higher than the top of the wall.
(d)
Roof signs may extend no more than five feet above the lowest point where they are attached to the building and may not extend above the highest point of the roof.
C.
General regulations. The following regulations shall apply to all signs, in addition to the specific regulations contained in the following provisions of this section. Where these general regulations are contradicted by a specific regulation, the specific regulation shall control.
(1)
All signs shall be constructed of durable materials, maintained in good condition, and secured in a safe manner.
(2)
When a sign becomes unsafe, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that the sign must be made safe or removed immediately.
(3)
The areas surrounding all signs shall be maintained in a neat, clean, and attractive condition.
(4)
All signs shall be removed within three months if the purpose for which they were erected no longer exists.
(5)
Each property that displays one or more permanent freestanding signs and that is in an area where street addresses have been assigned must prominently display the address on one permanent freestanding sign visible from the street. The address must include the street number; the street name is optional. The address must be of a size and design that is easily identifiable and legible from moving traffic in the street at a distance of 100 feet (three-inch-high lettering/numerals with a three-fourths-inch stroke). The area taken up by the address does not count as part of the sign area. Shopping center signs are exempt from this requirement.
 |
(6)
No temporary signs shall be permitted except as authorized elsewhere in this section.
(7)
No sign shall be located within a street right-of-way, except a government sign, a public utility sign, a sidewalk sign, a nonprofit organization sign, or another sign approved by the Board of Supervisors or the Pennsylvania Department of Transportation.
(8)
All freestanding signs shall be set back a minimum distance equal to the sign height from each lot line. No sign within the clear sight triangle shall obstruct vision between the heights of three feet and eight feet above the elevation of the center line of the street.
(9)
No signs shall be painted, pasted, nailed, stapled, or otherwise attached to utility poles, trees, fences or fire hydrants or in an unauthorized manner to walls or other signs, except insofar as such signs comply with generally applicable rules, regulations, or policies formally adopted by the Board of Supervisors.
(10)
No sign shall be placed so as to obstruct any door, stairway, window, fire escape, or other means of egress or ingress.
(11)
No sign shall be placed so as to obstruct ventilation or light from a building.
(12)
No overhead sign shall have a clearance of less than eight feet between any pedestrian walk and the lowest part of the sign, nor less than 17 feet six inches between any roadway and the lowest part of the sign.
(13)
No flat wall sign shall project more than 18 inches from the face of the wall to which it is attached over a public sidewalk.
(14)
No wall projecting sign shall project more than 48 inches from the face of the wall to which it is attached over a public sidewalk.
(15)
No sign shall be permitted which imitates or which might be confused with an official traffic sign or signal, such as by containing the words "stop" or "danger" or by including red, green, or yellow lights.
(16)
No sign or window display shall include a revolving beam or beacon of light resembling an emergency vehicle or facility.
(17)
No sign shall advertise activities or products that are illegal under federal, state, or local municipal laws or regulations.
(18)
No sign shall include statements, words, or pictures that are considered to be vulgar, obscene, or pornographic. No sign shall depict specified anatomical areas or specified sexual activities, both as defined herein.
(19)
No streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons or similar materials shall be displayed outside a building. (See "special event sign" in Table 2, Temporary Sign Requirements, for regulations that apply to banners used as special events signs.[1])
[1]
Editor's Note: Said table is included at the end of this chapter.
(20)
In addition to any other signage permitted by this section, each commercial or industrial property may display one flag, not to exceed 35 square feet, with a company or corporate identification logo on premises on an approved, standard flagpole.
(21)
No sign shall emit smoke, visible vapors, particles, sound, or odor.
(22)
No sign shall be placed on an automobile, truck, or other vehicle if that vehicle is being used primarily for displaying such sign.
(23)
No inflatable signs shall be permitted.
(24)
No open flames shall be permitted as part of a sign or in any other way to attract attention.
(25)
Advertising painted upon or displayed upon a barn or other structure shall be considered a sign and shall comply with this section.
(26)
Any lighting of a sign or billboard must comply with § 155-33F(11) of this chapter.
(27)
Any sign may be exempted from the regulations of this section as a special exception if the applicant can demonstrate, to the satisfaction of the Zoning Hearing Board, that the sign has been authenticated as historically significant and accurate for its specific location, whether original or a replica.
(28)
Signs incorporating LCD, LED, plasma, CRT, pixelized lights or other animated and/or video-like displays shall be limited to the HC, I and Q Zones and shall comply with the following requirements:
(a)
Such signs shall employ sufficient size lettering and/or symbols for immediate recognition by motorists;
(b)
Such signs shall display simple and static messages for immediate recognition by motorists. Messages shall be complete in each display cycle and shall not require viewers to see multiple display cycles to derive their meaning;
(c)
Such signs shall use instantaneous transitions from one message display cycle to the next, with no blank-outs, scrolling, fading, streaming, zooming, flashing or any other animated effect, for immediate recognition by motorists;
(d)
Community service. All dynamic message display sign owners must use at least 20% of the operating time per each eight-hour cycle for community service (i.e., time, temperature, and school closing, weather, nonprofit, announcements);
(e)
All owners must notify Amber Alert and register its location for use as needed at www.amber.state.pa.us/amber/guestaccount/registration_form.asp, as may be amended;
(f)
During times of Amber Alert, the dynamic message display must display such information as provided by the Pennsylvania State Police for no less than 50% of the operating time during each one-hour cycle;
(g)
All properties utilizing a dynamic message display sign must remove all exterior promotional banners and sandwich board signs and may not use any temporary signage; and
(h)
Each message display cycle shall comply with the following minimum time standards, based upon the lowest speed limit of the road travel lane from which the sign is visible:
Speed Limit (miles per hour) | Required Minimum Message Display Cycles (seconds) | |||
|---|---|---|---|---|
Total Sign Area Up to 64 Square Feet | Total Sign Area Between 64 and 300 Square Feet | Total Sign Area More Than 300 Square Feet | ||
25 | 17 | 28 | 56 | |
30 | 14 | 24 | 48 | |
35 | 12 | 20 | 40 | |
40 | 11 | 18 | 36 | |
45 | 10 | 16 | 32 | |
50 | 9 | 14 | 28 | |
55+ | 8 | 12 | 24 | |
D.
Specific sign requirements. The tables on the following two pages tabulate requirements imposed upon permanent, temporary and planned center signs as permitted within the Township.[2]
[2]
Editor's Note: Said tables are included at the end of this chapter.
E.
Nonconforming signs. Nonconforming signs may continue to be displayed as long as there is compliance with the following limitations and conditions:
(1)
There shall be no expansion or increase in the nonconforming aspect in any way.
(2)
Maintenance and repair of the sign are permitted. If necessary, up to 50% of the entire area of a sign and its supporting structure may be replaced in the event of damage. Any such replacement must be completed within six months of the damage occurring.
(3)
The sign must be brought into conformity if, for a period of at least three months, the message has no longer applied to an activity on the premises. (This does not apply to billboards.)
F.
Permitting procedures and fees.
(1)
Permits for the placement of signs are required as indicated by the last column in the tables listed in § 155-45D of this chapter.[3] All signs requiring permits must have such permit prior to the erection, installation, or alteration of the sign. Sign permit applications, forms, plan requirements, and fees shall be established by resolution of the Board of Supervisors.
[3]
Editor's Note: Said tables are included at the end of this chapter.
(2)
Application for permit shall be made in writing to the Zoning Officer and shall contain all information necessary for such Officer to determine whether the proposed sign, or the proposed alterations, conform to the requirements of this chapter. All applications for sign permits shall be accompanied by scaled plans or diagrams showing the following:
(a)
Exact dimensions of the lot, including any right-of-way lines or building upon which the sign is proposed to be erected;
(b)
Exact size, dimensions, and location of the said sign on the lot or building, together with its type, construction, materials to be used, and the manner of installation; and
(c)
Any other lawful information that may be required of the applicant by the Zoning Officer.
(3)
No sign permit shall be issued except in conformity with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.
(4)
Permits shall be granted or refused within 45 days from the date of application or within 45 days from the date of the Zoning Hearing Board's decision, where applicable.
§ 155-46 Traffic impact report.
A.
As required, traffic impact reports shall be provided in accordance with § 135-16E(4) of the SLDO;[1]
B.
Deviations from the requirements of § 135-16E(4) of the SLDO that are proposed during the subdivision/land development process shall be permitted as a waiver according to § 135-14 of the SLDO; and
C.
Deviations from the requirements of § 135-16E(4) of the SLDO that are proposed during the zoning permit process that do not involve subdivision/land development review shall be permitted as a variance according to § 155-174D of this chapter.