Cross Creek Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XII
Supplemental Regulations
§ 320-70 Applicability.
The supplementary regulations in this article supplement the requirements of Articles IV through IX governing each zoning district and shall apply to all uses in all zoning districts.
§ 320-71 Performance standards.
[Amended 6-18-2024 by Ord. No. 1-24; 12-30-2024 by Ord. No. 5-24]
The following standards shall apply to all permitted uses, conditional uses and uses by special exception in all zoning districts. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board of Supervisors or Zoning Hearing Board may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.
A.
Environmental performance standards. All properties shall be subject to the following environmental performance standards.
(1)
Floodplains. All areas identified as flood-prone by the Federal Insurance Administration of the Department of Housing and Urban Development shall be subject to the regulations of the Township Floodplain Management Ordinance No. 4 of 2015.[1]
[1]
Editor's Note: See Ch. 160, Floodplain Management.
(2)
Steep slopes. Steep slopes in excess of 25% may be disturbed by grading, alteration or removal of vegetation only if a geotechnical report prepared by a civil engineer registered in the Commonwealth of Pennsylvania with experience in geotechnical engineering is submitted that indicates the following:
(a)
The finished slopes after excavating or grading will be stable and will not create hazards for adjoining property from erosion, sedimentation or stormwater runoff.
(b)
The foundations of any structures proposed to be erected in any natural steep slope areas or any steep slope areas that have been disturbed will be structurally sound, including recommendations for special foundation design, if warranted.
(c)
Restoration of all slopes from which cover has been removed shall be finished and seeded within a reasonable time after such clearance activity. The phrase "a reasonable time" shall mean within 30 days after grading and/or construction activities are completed, unless those activities are completed between November 1 and April 1. In such cases, the required seeding or sodding shall occur by May 1. In all cases, erosion and sedimentation control measures shall be maintained on the site until replacement cover can be accomplished.
(3)
Areas with adverse subsurface conditions.
(a)
On sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data indicates the potential for landslides, subsidence or other subsurface hazards, a geotechnical report by a qualified registered professional engineer shall be submitted regarding soil and subsurface conditions and the probable measures needed, if any, to be considered in the design of the development and its infrastructure, the location of structures and the design of foundations.
(b)
The geotechnical report shall provide, at a minimum, the following information. Any site-specific issues identified by the applicant's geotechnical engineer not specifically listed below shall be addressed in the geotechnical study:
[1]
Foundation bearing materials and associated settlement.
[2]
Fill embankment base preparations, support, maximum allowable slope, suitable borrow material and compaction requirements.
[3]
Maximum allowable slope and stability of cut slopes.
[4]
Coal mining below the site, mine location and amount of cover and measures to prevent mine subsidence, if required.
[5]
Presence and control of groundwater.
[6]
Identification of potentially expansive carbonaceous materials or slag to be encountered in excavations and measures to prevent their detrimental effects.
[7]
Delineation of on-site fill materials and their impact on site development.
[8]
All areas where public infrastructure is proposed.
(c)
Geotechnical engineering reports shall be signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania.
(d)
The Township Engineer may require that the geotechnical engineering report and site development drawings be reviewed by a separate geotechnical engineering consultant selected by the Township. The applicant required to submit the report shall be required to pay for the cost of the independent consultant review.
(4)
Fences and hedges.
(a)
Any fence or hedge that is six feet or less in height shall not require a permit under this chapter.
(b)
The Township shall not be responsible for determining the location of any fence that is constructed up to the lot line.
(5)
Floodways. In this chapter will adhere to the definition as established by the Federal Emergency Management Association (FEMA).
(a)
The developer shall obtain all required permits from appropriate federal, state, county, and/or local agencies having jurisdiction over the site or such matters prior to commencing work on the site.
(b)
The subdivision or land development shall comply with the Floodplain Ordinance.[2]
[2]
Editor's Note: See Ch. 160, Floodplain management.
(c)
Surface parking areas or similar paved open areas shall not be constructed within the floodway.
(6)
Watercourses, lakes, water bodies.
(a)
To the extent applicable, the developer shall obtain all required permits from appropriate federal, state, county, and/or local agencies having jurisdiction over the site or such matters prior to commencing work on the site.
(7)
Fire protection.
(a)
Fire protection and management materials and equipment that are acceptable to the National Fire Protection Association shall be readily available and accessible where there is any activity involving the handling or storage of flammable or explosive material.
B.
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
C.
Glare. Lighting devices that produce objectionable direct or reflected glare greater than one footcandle on adjoining properties or public streets shall not be permitted.
D.
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
E.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 320-115 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
§ 320-72 Screening and landscaping.
A.
Buffer areas described. Buffer Areas, as defined by this chapter and required by § 320-72B, shall meet all of the following criteria:
(1)
Buffer area "A" shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner that shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The depth of buffer area "A" shall be 25 feet as measured from the property line.
(2)
Buffer area "B" shall contain one row of plantings that shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The depth of buffer area "B" shall be 15 feet as measured from the property line.
(3)
Buffer area "C" shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature that are a minimum of six feet in height at the time of planting. The depth of buffer area "C" shall be 10 feet as measured from the property line.
(4)
None of the required plantings shall encroach across any property line. All plantings shall be located a minimum of 2 1/2 feet from the property line that constitutes the exterior boundary of the buffer area.
(5)
In the event that existing vegetation and/or existing topography provides screening that is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the Board of Supervisors, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Board of Supervisors to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
(6)
In the event that a public street right-of-way, dedicated and accepted by the Township separates the two dissimilar uses specified, the buffer area shall not be required, provided the width of the right-of-way equals or exceeds the width of the required buffer area and one row of low-level plantings or a landscaped earthen mound is provided on the property to screen headlights from view.
(7)
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 320-73D of this chapter.
(8)
No structures or uses shall be permitted in the required buffer area, other than active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.
B.
Buffer areas required. Buffer areas "A," "B," and "C" listed in § 320-72A above are required under the following circumstances:
(1)
Buffer area "A": Buffer area "A" shall be required:
(a)
Along all property lines where any development in the B-1 District adjoins property in an R-R, R-1, R-2 or R-3 District.
(b)
Where the express standards and criteria for a conditional use or use by special exception in § 320-69 of this chapter specify that buffer area "A" is required.
(c)
Along all property lines where a planned residential development that contains townhouses or garden apartments adjoins property in an R-R, R-1, R-2 or R-3 District.
(2)
Buffer area "B": Buffer area "B" shall be required:
(a)
Where the express standards and criteria for a conditional use or use by special exception in § 320-69 of this chapter specify that buffer area "B" is required.
(b)
Along all property lines where a planned residential development that contains single-family and two-family dwellings adjoins property in an R-R, R-1, R-2 or R-3 District.
(3)
Buffer area "C": Buffer area "C" shall be required:
(a)
Where the express standards and criteria for a conditional use or use by special exception in § 320-69 of this chapter specify that buffer area "C" is required.
(b)
On developed properties in the B-1 District where existing conditions such as building location and existing paving of the parking lot make it impossible to meet the requirements for buffer area "B" along a property line that adjoins property in the R-R, R-1, R-2 or R-3 District.
(c)
Along all property lines in the R-3 District where townhouses and garden apartments adjoin R-3-zoned property containing a single-family dwelling or two-family dwelling.
C.
Conflict between buffer areas and yard requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of Articles IV through IX, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
D.
Existing structure and buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure that encroaches on the required buffer area. The required buffer area, as determined by § 320-72B, shall apply on all other sides of the existing structure.
E.
Existing trees in buffer areas.
(1)
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
(2)
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
F.
Size of trees in required buffer areas.
(1)
Any existing trees within the required buffer area that are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
(2)
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
G.
Responsibility for maintenance. It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
H.
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
I.
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding must occur within two weeks of April 1.
J.
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1)
Planting required in buffer areas as outlined in § 320-72B cannot be substituted for any required planting mandated in this section.
(2)
A landscaping plan, with detailed drawings, must be submitted prior to building permit application and this landscaping plan must contain and show the following information:
(a)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.
(c)
Any planting in excess of the requirements in § 320-72A and B of this chapter.
(d)
Any existing trees or vegetation that are to be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation that will be removed, accurately identifying their relative location.
(3)
At least one deciduous tree must be planted for each 1,000 square feet of lot area occupied by the building footprint in conjunction with any nonresidential development.
(4)
At least one deciduous tree must be planted for each dwelling unit in conjunction with any multifamily development.
(5)
All trees that are required to be planted as per the regulations of this section shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.
(6)
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. Imminent development shall be considered to be development which is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight hours per day, 40 hours per week basis (utilizing a five day on, two day off, standard work week basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Township.
(7)
Any existing trees that are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
(8)
Whenever an open parking area abuts a public street, a planting strip, at least five feet in depth, planted and maintained with shrubbery, trees or other landscape or decorative materials, shall be installed across the entire frontage of the property in order to prohibit vehicles access, except at approved ingress and egress points.
(9)
All areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in § 320-72I of this chapter.
K.
Posting of bond for landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of two years from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
§ 320-73 Special yard requirements.
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:
A.
Corner lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards.
B.
Nonconforming lots of record: see § 320-100.
C.
Accessory structures:
(1)
In the R-R District, storage structures and other accessory structures, including detached garages may be located in the minimum required front, side or rear yards, provided they are at least 10 feet from any property line.
(2)
Storage structures accessory to a single-family dwelling that have a total floor area of 180 square feet or less shall be located at least five feet from the rear property line and shall be located at least 10 feet from a side property line, but shall not be located in any front yard. All storage structures accessory to a dwelling that have a total floor area of more than 180 square feet and all detached garages shall not be located in the required front yard, required rear yard or required side yards.
(3)
Storage structures and other accessory structures in the B-1 Districts shall be located at least 20 feet from the side or rear property lines and shall not be located in any required front yard.
D.
Visibility at intersections. No object, including without limitation, fences, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet as measured from the lowest elevation of the center line of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required on a corner lot. The required clear sight triangle on a corner lot shall be determined as follows:
(1)
The street lines abutting the corner lot shall form the legs of the clear sight triangle. Each of the legs shall extend a distance of 30 feet from the point of intersection of the street lines abutting the corner lot. The hypotenuse of the clear sight triangle shall be formed by drawing a straight line joining the legs at their farthest point from the vertex of the triangle. (See Appendix A, Clear Sight Triangle, for illustration.)[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
§ 320-74 Permitted projections into required yards.
The following shall be permitted to project into any required yard in any zoning district as follows:
A.
Typical architectural features, including, but not limited to, bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.
B.
Decks and their stairs and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into required front and side yards no more than three feet and shall be no closer to the rear property line than 20 feet.
C.
Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than 36 inches.
§ 320-75 Height exceptions.
The height limitations of this chapter shall not apply to the following structures: church spires, chimneys, elevator bulk heads and other mechanical equipment that is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, gas, oil or mineral extraction drilling rigs and supporting facilities, public utility structures, barns and other structures not intended for human habitation which do not exceed the height limitations of the zoning district by more than 15 feet.
§ 320-76 Drive-through facilities.
All businesses that propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements.
A.
The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
B.
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in one lane, with a total length of 100 feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets, or berms.
C.
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
§ 320-77 Temporary construction trailers, model homes or sales offices.
Temporary construction trailers, model homes or sales offices shall be permitted in any zoning district subject to the following conditions:
A.
Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit or under Township approval to install public improvements. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements in a plan of subdivision. In the event that construction is phased, the temporary construction trailer shall be moved from the completed phase to the next phase when 90% of the required improvements in the completed phase have been installed as determined by the Township Engineer.
B.
Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase.
C.
A permit for the temporary structure or use shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six months.
D.
Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjoining residential use.
E.
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use, whatsoever.
F.
No combustible materials shall be stored in temporary construction trailers.
G.
Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line adjoining residential use.
H.
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use, whatsoever, during the time they are approved as a temporary use or structure in accordance with the provisions of this section.
I.
Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
§ 320-78 Agriculture.
Agriculture, as defined herein, greenhouses, stables and kennels, where authorized by this chapter, shall be subject to the following requirements:
A.
Storage of manure shall be located at least 200 feet from any existing dwelling on adjacent property.
B.
Any building used for the sheltering, raising or feeding of livestock and poultry shall be located at least 200 feet from any street line and from any existing well or existing dwelling located on adjacent property and not less than 100 feet from the landowner's well.
C.
Concentrated animal operations shall be subject to compliance with the Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Greenhouse heating plants shall be at least 100 feet from any property line. The retail sales area for a greenhouse shall not exceed 1,000 square feet for every 10 acres of land farmed. The growing area shall not be considered sales area.
E.
The minimum lot area for keeping horses shall be five acres. The minimum lot area for keeping horses shall not be less than two acres per horse.
F.
No stable shall be located within 200 feet of any existing dwelling on adjacent property.
G.
All grazing and pasture areas shall be adequately fenced.
H.
Outdoor kennels shall be located at least 300 feet from any property line that adjoins an R-1, R-2 or R-3 District.
§ 320-79 Storage.
[Amended 12-30-2024 by Ord. No. 5-24]
A.
Outdoor storage in a business district.
(1)
Except for nurseries, garden supply, building supply, custom crafting and similar businesses that require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply, custom crafting and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or dense, compact evergreen hedge that is at least six feet in height.
(2)
In the B-1 District, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location that screens the storage area from public view from the street. If existing buildings do not screen the storage area from public view from the street, the area shall be screened by a dense, compact evergreen hedge or opaque fence at least six feet in height.
(3)
All organic rubbish and discarded materials shall be contained in tight, vermin-proof containers which shall be screened from public view by an opaque fence or dense, compact evergreen hedge that is at least six feet in height.
B.
Storage of travel trailers and mobile homes. The parking and storage of travel trailers, mobile homes, motor homes, campers and similar recreational vehicles shall be prohibited within the right-of-way of any public street. At no time shall such parked or stored vehicle be occupied or used as a dwelling.
C.
Storage of non-agricultural commercial and construction equipment. Commercial and construction equipment or vehicles, including without limitation trucks of one-ton capacity or greater, tractors of 40 horsepower or larger, tandems, tractor-trailers, cargo-moving equipment and construction equipment or vehicles, shall not be stored or parked temporarily or permanently in any R-2 or R-3 District, except within a completely enclosed building.
D.
Portable on-demand storage (PODS®) units and temporary storage trailer or container for on-site storage.
(1)
A zoning permit application, provided by the Township, must be filed with the Zoning Officer, subject to payment of fee established from time to time by resolution of the Board of Supervisors, shall accompany the application upon submittal.
(2)
A portable on-demand storage unit is not permitted to be placed within a street right-of-way nor block any ingress or egress to the site.
(3)
They may be used for seasonal and short-term storage of inventory or supplies provided they are located to the rear of the principal building and shall be at least 20 feet from any side or rear property line.
(4)
No portable on-demand storage unit shall be permitted to remain on any lot in R-1, R-2, R-3 Zoning District in excess of 30 consecutive days, in any calendar year. The portable storage unit shall be removed from the lot by the expiration date indicated on the associated zoning permit. If a portable on-demand storage unit must remain on the lot indicated on the zoning permit for more than the allowed time period, the landowner must obtain approval from the Zoning Officer. In no case shall any of these portable on-demand storage units become a permanent method of storage.
§ 320-80 Americans with Disabilities Act (ADA) compliance.
When required, all new construction and additions or enlargements of existing structures or facilities shall comply with the most recent regulations for accessibility as specified in the Americans with Disabilities Act (ADA).[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
§ 320-81 Mobile homes on individual lots.
A mobile home that is proposed to be used as a single-family dwelling and is to be erected on an individual lot of record outside a mobile home park shall meet the following requirements:
A.
The lot shall meet all applicable requirements for a single-family dwelling in the zoning district in which it is proposed to be located.
B.
The mobile home shall meet the specifications for manufacture of mobile homes as set forth in the United States Standards Institute, "Standards for Mobile Homes" USA Standard A119.1-1969 NFPA No. 501B-1968 and any subsequent modification or amendment of such standards.
C.
The mobile home shall bear the seal of the U.S. Department of Housing and Urban Development (HUD).
D.
The mobile home shall be installed upon, and securely fastened to, a frost-free foundation or footer, and, in no event, shall it be erected on jacks, loose blocks or other temporary materials.
E.
An enclosure of compatible design and material shall be erected around the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
F.
The mobile home shall be connected to public water and a public sewer system, if available. If not, the owner shall provide a potable water supply from his own, or an adjacent well, and shall provide an on-lot sewage disposal system that shall meet the standards of the Pennsylvania Department of Environmental Protection (DEP).
G.
Prior to occupancy, the mobile home shall be connected to available utilities in order to provide the dwelling unit with adequate heat and light.
H.
Any garage, utility shed or other outbuilding constructed on the lot shall conform with the standards applicable to such accessory structures provided in this chapter.
§ 320-82 Low-impact on-site sales accessory to farm and greenhouses.
In the R-R and R-1 Districts, greenhouses and retail sales of agricultural products accessory to a farm shall be permitted, subject to the following regulations:
A.
All sales shall be conducted on the premises of a farm or greenhouse, as defined and regulated by this chapter.
B.
At least 50% of the gross sales shall be from products raised, grown or produced on the farm or in the greenhouse. Products not produced on the farm or in the greenhouse shall be an incidental part of the business. Farm-related equipment and supplies may be sold as incidental items to the business.
C.
All permanent structures shall comply with the yard requirements for principal structures in the R-R or R-1 Districts.
D.
Seasonal roadside stands may be located no closer than 15 feet to any street right-of-way or property line, provided they are removed at the end of each growing season.
E.
Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of sales floor area for every 10 acres of land farmed. No building used for agricultural products shall exceed 5,000 square feet of sales area.
F.
Off-street parking for permanent structures shall be provided in accordance with the requirements of § 320-88 for retail businesses. Off-street parking for permanent structures shall be designed in accordance with the requirements of § 320-87.
G.
Off-street parking for seasonal roadside stands shall be designed in accordance with § 320-87, however the requirements for surfacing, marking, screening and landscaping shall not apply.
H.
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 320-88 for retail businesses; however, in no case shall less than 10 spaces be provided.
I.
Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.
J.
One nonilluminated freestanding sign shall be permitted to announce the agricultural sales, provided the maximum surface area of the sign shall not exceed 24 square feet, the height of the sign shall not exceed eight feet and the sign shall be located no closer than 10 feet to any property line or street right-of-way.
§ 320-83 No-impact home-based business.
No-impact home-based businesses, as defined herein, shall comply with the following:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity shall not use any equipment or process that creates vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
The business activity shall not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
I.
The business shall not involve any illegal activity.
§ 320-84 Forestry.
Forestry, as defined herein, shall be conducted in accordance with the following provisions:
A.
All hauling and loading operations shall be located at least 300 feet from any existing dwelling on adjacent properties, unless the dwelling owner consents, in writing, to a lesser distance.
B.
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m., provided further that such operations shall not take place during any hours on Sundays or legal bank holidays.
C.
Routes to be used by the hauling trucks shall be approved by the Township and the operator shall demonstrate that there shall be no negative impact on Township streets from the proposed operation.
D.
A performance bond shall be posted in favor of and in an amount required by the Township to guarantee restoration of Township streets used as hauling routes.
E.
The applicant shall submit a copy of the state permit for hauling on state roads.
F.
The operator shall be responsible for cleaning dirt and debris from public streets daily during the operation.
G.
The applicant shall supply the Township with the name of an on-site contact person.
H.
Permit requirements.
(1)
The applicant shall provide the Township with copies of the permits issued under the following regulations of the commonwealth. A copy of the erosion and sedimentation control plan shall be provided to the Township.
(a)
Erosion and sedimentation control regulations contained in Chapter 102, issued pursuant to the Pennsylvania Clean Streams Law.[1]
[1]
Editor's Note: See 35 P.S. § 691.1 et seq., with regulations found at 25 Pa. Code § 102.1 et seq.
(b)
Stream crossing and wetlands protection regulations contained in Chapter 105, issued pursuant to the Pennsylvania Dam Safety and Encroachments Act,[2] if required.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq., with regulations found at 25 Pa. Code § 105.1 et seq.
(c)
Stormwater management plans and regulations issued pursuant to the Pennsylvania Storm Water Management Act,[3] if required.
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
(2)
All necessary permits shall be maintained during the operation. Any suspension or revocation of a state permit shall constitute revocation of the zoning certificate and the operator shall be subject to the enforcement provisions of § 320-115 of this chapter.
I.
A logging plan prepared by a practicing consulting forester who is a member of the Association of Consulting Foresters or the Pennsylvania Council of Professional Foresters or a forester certified by the Society of American Foresters shall be submitted that shows at a minimum:
(1)
The design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
(2)
The design, construction and maintenance of water control measures and structures such as culverts, broad based dips, filter strips and water bars;
(3)
The design, construction and maintenance of stream and wetland crossings, if any;
(4)
The general boundaries of the proposed operation in relation to Township and state streets, including any accesses to those streets.
(5)
The site location, including boundaries of the property and boundaries of the proposed harvest area;
(6)
Significant topographic features;
(7)
The location of all earth-disturbance activities such as roads, landings and water control measures and structures;
(8)
The location of all crossings of the waters of the commonwealth.
J.
Felling or skidding on or across any public street is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation (Penn DOT) whichever is responsible for maintenance of the street.
K.
No tops of trees or debris shall be left within 50 feet of any public street or any private street providing access to adjoining residential property.
L.
No tops of trees or debris shall be left on any adjoining property or across any property line without the consent of the adjoining owner.
M.
Upon completion of the forestry operation, haul roads shall be restored to their original condition.
§ 320-85 Large-scale solar electric energy and wind generation facilities. [1]
[Added 9-18-2024 by Ord. No. 3-24]
The purpose of this section is to establish regulations for the construction, installation, operation, and decommissioning of large-scale solar electric energy facilities and wind generation facilities within Cross Creek Township, subject to conditions that will protect public health, safety, and welfare. Large-scale solar electric energy facilities shall be considered a conditional use only in B-1 General Business District-zoned areas.
A.
Definitions. The Zoning Ordinance is hereby amended to include the following definitions:
APPLICANT
The landowner or developer who has filed an application for the development of a solar electric energy facility under this section.
FACILITY OWNER
The person or entity having an equity interest in the solar electric energy facility.
FEDERAL ENERGY REGULATORY COMMISSION, or FERC
An independent agency that regulates the interstate transmission of electricity, natural gas, and oil. FERC also reviews proposals to build liquefied natural gas (LNG) terminals and interstate natural gas pipelines as well as licensing hydropower projects.
OPERATOR
The entity responsible for the day-to-day operation and maintenance of the solar electric energy facility.
PJM INTERCONNECTION
A regional transmission organization (RTO) and independent system operator (ISO) that manages the electric transmission system for a large part of the United States.
SOLAR ELECTRIC ENERGY FACILITY
An electric generating facility, the main purpose of which is to generate and supply electricity, consisting of one or more solar electric systems and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines, and other appurtenant structures, collectively greater than one acre of area. Such facilities do not include solar electric energy systems meant for residential use.
SOLAR ELECTRIC SYSTEM
The components and subsystems that convert solar energy into electric energy, including photovoltaic and concentrated solar power systems.
WIND GENERATION FACILITY
Refers to any facility for the production of electrical energy from wind sources.
B.
Preapplication requirements.
(1)
Prior to submitting a zoning application for the development of a wind or solar energy facility, the applicant must comply with the following:
(a)
PJM interconnection and FERC approval. The applicant must provide evidence of an approved PJM interconnection and all necessary approvals from FERC. This documentation must be included in the zoning application.
(b)
Glare studies. The applicant must conduct a glare study over a twelve-month period using the same solar equipment intended for installation. The glare study must be conducted by a qualified independent consultant and assess the potential impact on neighboring properties, roadways, and public spaces. The glare study report must be submitted with the zoning application.
(c)
Resident notification. The applicant must provide notice to all residents within a one-mile radius of the application area before submitting the zoning application. Notice shall be deemed provided upon receiving a signed certified return receipt mailing from each resident.
(d)
Other governmental approvals. The applicant must provide and conform to all federal, state, and local laws, statutes, rules and regulations, including but not limited to the Federal Clean Air Act,[2] Clean Water Act,[3] Pennsylvania Clean Streams Law.[4]
[2]
Editor's Note: See 42 U.S.C.A. § 7401 et seq.
[3]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
(2)
The application will be deemed administratively incomplete if all notices are not complete or if other agency approvals are not provided.
C.
Zoning restrictions.
(1)
B-1 General Business District Zones. Solar and wind energy facilities are only permitted in areas zoned for B-1 General Business District use.
(2)
Solar and wind energy facilities are not permitted in any other zoning district.
(3)
Exemptions. This section does not apply to solar energy systems used for local residential or agricultural purposes.
D.
Land development requirements. No land development plan for a solar electric facility or wind generation facility shall be approved unless it has complied with the requirements of this section and other applicable conditions, including grading, erosion and sediment control, NPDES, stormwater management, etc.
E.
Additional land development plan requirements.
(1)
All installations of large solar electric energy facilities and wind generation facilities require the owner to apply for a permit from the Township. The application must include:
(a)
A narrative describing the project, location, generating capacity, equipment details, and a description of all ancillary facilities.
(b)
Evidence of agreement between the landowner and the facility owner, demonstrating permission to apply for necessary permits.
(c)
Identification of the properties on which the facility will be located and adjacent properties.
(d)
A detailed site plan showing the location of property lines, setbacks, rights-of-way, access roads, substations, electrical cabling, fences, buildings, and structures.
(e)
Documents related to decommissioning, including a schedule for decommissioning.
(f)
Proof of need, a power purchase agreement with an end user or a PJM interconnect approval.
(g)
Provide approved transmission designs and plans associated with the site.
(h)
Other relevant studies, reports, certifications, and approvals required by Cross Creek Township.
(2)
Cross Creek Township will determine whether the application is administratively complete within 30 business days of receipt and advise the applicant accordingly.
F.
Design and construction.
(1)
Design safety certification. The design of solar electric systems and wind generation facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Certificates of design compliance must be submitted.
(2)
Uniform Construction Code. The facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended.
(3)
Visual appearance.
(a)
Facilities shall not be artificially lighted, except as required by safety regulations.
(b)
Facilities shall not display advertising, except for reasonable identification of the manufacturer and facility owner.
(c)
On-site transmission and power lines shall be placed underground to the maximum extent practicable.
(d)
Privacy screening or landscaping may be required to border residential structures.
(4)
Warnings.
(a)
Facilities shall be enclosed by a chain-link fence with a minimum height of eight feet.
(b)
Warning signs shall be placed on the fence to inform individuals of potential voltage hazards.
G.
Setbacks.
(1)
Property lines. All solar electric energy systems, including perimeter fencing, shall be set back at least 300 feet from the nearest property line.
(2)
Residential and agricultural buildings. Facilities must be set back at least 1,000 feet from any residential or agricultural building.
(3)
Public roads. Facilities must be set back at least 1,000 feet from any public road.
(4)
Waiver provision. The setback requirements in this section can be satisfied by providing a notarized waiver from the owner of the affected structure or adjacent property owner where applicable.
H.
Emergency plan.
(1)
Emergency plan submission. The applicant must prepare and submit a comprehensive emergency plan to the local fire departments and Washington County Emergency Services prior to the issuance of any permits for the construction or operation of the facility.
(a)
Plan contents. The emergency plan must include:
[1]
Firefighting procedures. Detailed procedures for firefighting, including coordination with local fire departments and training for personnel.
[2]
Electrical and chemical hazard response. Response procedures for electrical hazards, including potential electrical fires, and handling of chemical spills or releases.
[3]
Harmful chemicals list. A complete list of all chemicals used or stored on-site that could pose a risk to emergency responders or the public. This list must be disclosed to all emergency medical services (EMS) that could potentially respond to an emergency at the facility.
[4]
Emergency contacts. All contractors, subcontractors, and facility operators shall provide to the Township a valid point of contact for emergencies, which shall be reviewed and updated, annually.
(2)
Annual review and update. The emergency plan must be reviewed and updated annually, with copies provided to the local fire departments and Washington County Emergency Services.
I.
Application fees.
(1)
Base application fee. A base application fee of $1,000 shall be submitted with any new application for a solar electric energy facility or wind generation facility.
(2)
Capacity-based fees.
(a)
In addition to the base application fee, the applicant shall pay a fee of $100 per megawatt of nameplate generation capacity for any new application.
(b)
For any modification to an existing facility, the applicant shall pay a fee of $50 per megawatt of nameplate generation capacity affected by the modification.
(3)
Decommissioning account. All fees collected under this section shall be deposited into the Cross Creek Township Wind and Solar Decommissioning Account, to be used exclusively for the decommissioning of facilities that have been abandoned or otherwise not properly decommissioned by the owner or operator.
J.
Decommissioning.
(1)
Project abandonment. The operator must notify the Township immediately upon cessation or abandonment of the facility. A facility shall be discontinued if no electricity is generated for 12 continuous months.
(2)
Removal. The facility operator or owner shall be responsible for decommissioning and removal of any abandoned solar array. The facility must be decommissioned and removed within six months after abandonment. The project parcel must be restored to an environmentally stable condition as close to preconstruction condition as reasonably practical.
(3)
Decommissioning plan. A decommissioning plan must be prepared by a professional engineer, including cost estimates for removal and site restoration. The plan must be updated every five years and reviewed by the local Planning Commission and the Board of Supervisors.
(4)
Decommissioning security. Prior to construction, a security in the form of a full cash bond covering 120% of the estimated decommissioning cost must be posted. The bond will be reviewed and adjusted for inflation every five years.
(5)
Decommissioning security release. The security will be released after full decommissioning and restoration of the project parcel, as certified by the Township Engineer.
K.
Miscellaneous.
(1)
In case of a conflict between this section and any other ordinance of the Township, the more restrictive provisions shall control.
(2)
If any section or provision of this section is held invalid, the remaining provisions shall continue in full force and effect.
(3)
Any ordinances or resolutions inconsistent with this section are repealed.
(4)
Violations of this section shall result in a fine of $1,000 per day plus costs and attorney's fees, in addition to any other enforcement remedies available to the Township.
[1]
Editor's Note: Original Section 1215, Oil and gas drilling, which immediately preceded Art. XIII, was repealed 8-9-2011 by Ord. No. 1-11. Said ordinance also added a number of oil-and-gas-related definitions and provisions to this chapter.
§ 320-85.1 Residential solar electric energy systems.
[Added 12-30-2024 by Ord. No. 5-24]
A.
Classification.
(1)
Residential solar electric energy systems shall be allowed in any zoning district of the Township and may be installed upon receipt of the necessary construction, electrical and/or mechanical permit(s). This section applies to solar energy systems to be installed and constructed for residential or small commercial use as herein defined.
(2)
This section does not address, nor permit, solar energy systems that are the primary use of a lot or large-scale solar electric energy facilities.
B.
Design and installation.
(1)
All installations of residential and small commercial solar electric energy systems shall require the owner to apply for a permit with permit fees as set by the Township Board of Supervisors from time to time.
(2)
To the extent applicable, solar energy systems shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and the regulations adopted by the Department of Labor and Industry.
(3)
The design of the solar energy system shall conform to applicable industry standards.
C.
Miscellaneous.
(1)
Except as otherwise provided herein to the contrary, in the event of a conflict between the provisions of this section and any other ordinance of the Township, the more restrictive provisions shall be controlling.
(2)
If any section, sentence, clause, phrase or word of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect any remaining provisions of this section.
(3)
Any ordinances or resolutions inconsistent with this section are repealed.
(4)
Any person violating this section may be subject to a fine, upon conviction by a court of competent jurisdiction in the amount of $600 per day plus costs and attorney's fees, in addition to any other remedies available to the Township for enforcement purposes. Each day a violation exists shall be considered an additional violation.
§ 320-85.2 Beverage production.
[Added 12-30-2024 by Ord. No. 5-24]
Beverage production uses shall be subject to the following:
A.
Micro-breweries and brewery pub/tap rooms shall be principal use and permitted as conditional use with the B-1 General Business District. All other beverage production uses shall be a principal use and permitted as a conditional use with the R-R and B-1 Districts.
B.
Beverage production uses shall be subject to the following lot size and development scale regulations:
(1)
Microbrewery uses is situated on its own lot, the minimum lot area for the use shall be 3,000 square feet. If the use occupies a tenant space or series of tenant spaces that are part of a multi-tenant building on a lot(s), the minimum building square footage associated with the use shall be 1,200 square feet.
(2)
Large brewery, limited winery or limited distillery use is on its own lot, the minimum lot shall be that of the district. If the use occupies tenant space or a series of tenant spaces that are part of the multi-tenant building on a lot(s), the minimum building square footage associated with the use shall be 1,500 square feet.
C.
Any conditions imposed upon the establishment related to proximity from any specified land uses shall be set forth by Title 47, Pennsylvania Liquor Code, as amended, and the Pennsylvania Liquor Control Board.
D.
To minimize conflicts and promote public health and safety, the storage of palettes, loading-related equipment and production-related materials shall be contained within an enclosed and covered structure that is connected to the principal building.
E.
Storage and production activities shall be located within the principal building. The combined square footage associated with storage and production shall not exceed 50% of the gross square footage of the principal building.
F.
Parking quantities shall be determined using the parking ratio applicable to taverns/bars, as defined herein.
G.
Based upon the extent of delivery/truck traffic associated with the use, the Township may require a loading berth to be provided. The location of such berth shall be designated to minimize impact to surrounding land use(s) and circulation of vehicles and pedestrians.
H.
Outdoor seating areas associated with beverage production uses shall be subject to the following:
(1)
A designated outdoor seating area, designed to be integral with the principal building, is permitted and shall be no larger than 10% of the entire lot and shall be only accessible through the inside of the facility.
(2)
The outdoor seating area shall be entirely enclosed by fencing or landscaping and shall comply with all standards as required by the Pennsylvania Liquor Control Board.
(3)
The outdoor seating area shall comply with all setback regulations required for the principal building.
I.
Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety and to minimize conflicts between vehicles and pedestrians.
J.
Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.
K.
The owner and operator of the facility shall implement and maintain best management practices (BMPs) for erosion and sedimentation control, and stormwater management, as regulated by the DEP. The applicant shall submit a report to the Township describing the BMPs that will be implemented on the site and shall notify the Township whenever an alteration is made to those BMPs. Whenever an alteration is made to those BMPs, the owner and operator of the facility shall certify that the new BMPs provide equal or greater pollution prevention and protection than the previous BMPs.
§ 320-85.3 Short-term rentals.
[Added 12-30-2024 by Ord. No. 5-24]
A.
Short-term rentals are considered a permitted use by right in all zoning districts;
B.
No more than 10 bedrooms shall be made available or utilized for a lodging use at any time in any building or structure, unless the structure was originally designed as such.
C.
Vehicular and pedestrian access to the development shall be designed to maximize vehicle and pedestrian safety, and to minimize conflicts between vehicles and pedestrians.
D.
Vehicular and pedestrian circulation systems within the development shall be designed to minimize conflicts between vehicular and pedestrian circulation.
