East Earl Township City Zoning Code
ARTICLE XVI
General Regulations
§ 450-108 Intended purpose.
Unless otherwise stated, the regulations and restrictions established in this article are intended to apply to all districts in East Earl Township.
§ 450-109 Right to farm.
A.
In order to protect and encourage the development and improvement of farmland within the Township for the production of food and other agricultural products, this chapter strives to protect and encourage a positive agricultural business climate by protecting commercial farms, operated in accordance with acceptable methods and techniques of agricultural production, from nuisance actions.
B.
Commercial farms or agricultural uses within the Agricultural District which conform to acceptable agricultural management practices and which do not pose a threat to public health and safety shall not constitute public or private nuisances.
C.
Any agricultural use or activity which conforms to acceptable agricultural management practices when reasonable and necessary for the operation of a commercial farm or agricultural use may occur on holidays, Sundays, and weekdays, at night or during the day, subject to the restrictions herein, state and Township health and sanitary codes, and state and federal environmental regulations.
D.
Agricultural activities and uses protected by these provisions include, but are not limited to, production, harvesting, marketing of crops, plants or animals; the use and application of techniques and methods of soil preparation and management; fertilization; weed, disease and pest control; disposal of farm waste; irrigation, drainage and water management; and grazing.
E.
Residents are hereby notified that there will be noise, dust, odors, and vectors which result from normal farming and agricultural practices and that these will be noticeable within the Agricultural District.
F.
In all districts, when located adjacent to agricultural uses, shade trees shall not be planted closer than 10 feet to the affected property line.
§ 450-110 Agricultural uses.
Agricultural uses shall comply with the following provisions:
A.
No farm building or any other outbuilding other than a dwelling shall be constructed closer than 50 feet to any property line.
B.
All grazing or pasture areas utilized for agricultural purposes shall be fenced.
C.
No slaughter area or manure storage pits shall be established closer than 250 feet to any property line. Manure storage pits may be placed in a front yard by special exception. All designs of manure storage pits, tanks or related facilities and the application of manure on land is subject to the approval of the Department of Environmental Protection and adherence with its regulations concerning manure storage and management.
D.
Composting.
(1)
On-site composting shall be limited for use on the premises on which the manure component for the compost is generated and produced. The compost process is strictly limited to manure which is generated on the farm, excepting only that carbon material may be obtained from a source off the farm in a quantity limited to the least amount necessary to compost the manure produced on the farm; provided no garbage or dead animals shall be a carbon material obtained from a source off the farm. In no instance shall earthen manure storage facilities be permitted.
(2)
Commercial composting is prohibited.
(3)
All organic materials to be used in on-site composting shall be stored under a roof and all on-site composting shall be performed having impervious flooring with drainage and suitable protection so as to insure that there is no runoff from said structure onto surrounding lands and all composting shall be performed in accordance with the procedures and safety standards established by all state and federal agencies, including the Pennsylvania Department of Agriculture and the Pennsylvania Department of Environmental Protection.
§ 450-111 Performance standards.
All uses shall comply with the requirements of this section. Compliance shall be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions. Applicant at all times retains the burden of proving compliance. In order to determine whether a proposed use will conform to the requirements of this chapter, the Township may obtain a qualified consultant's report, whose cost for services shall be borne by the applicant.
A.
Vibration. Vibrations detectable without instruments on neighboring properties in any district shall be prohibited, with the exception of temporary vibrations associated with new construction.
B.
Air pollution. No pollution of air by fly ash, dust, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property or can cause soiling of property.
C.
Fire and explosives protection. Fire protection and firefighting equipment, acceptable to the Board of Fire Underwriters, shall be readily available for any activity involving the handling or storage of flammable or explosive materials.
D.
Glare and heat.
(1)
Lighting devices which produce objectionable direct or indirect glare on adjoining properties or thoroughfares shall not be permitted.
(a)
Direct glare is defined for purposes of this chapter as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature processes as welding, petroleum or metallurgical refining. No such direct glare shall be permitted, with the exceptions that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle or the cone of direct illumination shall be 60° drawn perpendicular to the ground, with the exception that such angle may be increased to 90° if the luminary is less than four feet above the ground. Such luminaries shall be placed not more than 16 feet above ground level.
(b)
Indirect glare is defined for the purposes of this chapter as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure.
(c)
Parking, loading, ingress and egress areas of all nonresidential uses intended to be utilized at night shall be provided with a minimum of 0.75 footcandle at any point. For residential off-street parking facilities containing more than four spaces, all parking, ingress and egress areas shall be provided with a minimum of 0.5 footcandle at any point.
(d)
Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
(2)
There shall be no emission or transmission of heat or heated air that is discernible at the lot line.
E.
Nonradioactive liquid or solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground of any liquid or solid materials except in accordance with the laws and regulations of the United States, Commonwealth of Pennsylvania, Lancaster County and Township of East Earl.
F.
Radioactivity or electrical disturbances. No activity shall emit radioactivity at any point or cause electrical disturbance adversely affecting the operation of radio or other equipment in the vicinity.
G.
Noise. Noise which is determined to be objectionable due to volume, frequency or beat shall be muffled or otherwise controlled, with the exception of fire sirens and related apparatus used solely for public purposes. Noise in excess of 90 decibels, as measured on a decibel or sound level meter of standard quality and design operated on the A-weighted scale at a distance of 25 feet from any property line of the property from which the noise source is located, shall not be permitted.
H.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property with the exception of such odors associated with common farming practices.
I.
Smoke. The maximum amount of smoke emission permitted shall be determined by the use of the Standard Ringelmann Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 shall be permitted.
J.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Any earth disturbance activity shall be conducted in accordance with Chapter 358, Stormwater Management, as amended, and the applicable Subdivision and Land Development Ordinance, as amended.[1]
K.
Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection.
L.
Trash service. Trash receptacles shall be provided appropriate to the scale and intensity of the use conducted on the premises. Removal of trash shall occur on a regular basis, but in no case shall the removal of trash from the premises exceed eight calendar days in regularity.
§ 450-112 Height regulations.
A.
The maximum permitted height for all principal and accessory buildings is indicated in the requirements for each individual zoning district.
B.
Height regulations shall not apply to spires, belfries, cupolas, or domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, utility poles or towers, solar collectors, and ornamental or necessary appurtenances.
§ 450-113 Steep slopes.
In all districts, development or earthmoving activities occurring on tracts of 8% or greater slope shall be required to meet the following additional standards:
A.
A map showing slope intervals of 8% to 15%, 15% to 25%, and over 25% shall be submitted.
B.
Average slope exceeding.
(1)
Eight percent to 15%. No more than 40% of such tracts shall be altered, regraded, cleared, or built upon.
(2)
Fifteen percent to 25%. No more than 30% of such tracts shall be altered, regraded, cleared, or built upon.
(3)
Over 25%. No more than 15% of such tracts shall be altered, regraded, cleared, or built upon.
C.
Calculating average slope. The following formula shall be used in conjunction with a contour map to determine the average slope of a tract:
S= 0.0023 x I x L | |
|---|---|
A |
S | = | Average slope of subject parcel |
0.0023 | = | Conversion factor of square feet to acres |
I | = | Contour interval (distance between contour lines on the map) |
L | = | Total length of the contour lines within the subject parcel |
A | = | Area in acres of subject parcel (excluding areas with slopes greater than 25% or more) |
§ 450-114 Buffer yards and screen plantings.
A.
Buffer yards.
(1)
Unless otherwise provided, where a commercial or industrial use adjoins a residential, conservation open space, and agricultural district and where a multifamily use adjoins a single-family residential use, a buffer yard of not less than 25 feet in width shall be provided along the lot lines in addition to the yard required for the district in which it is located.
(2)
If a front yard is provided, the buffer yard may coincide with the front yard.
(3)
All buffer yard areas shall be planted and maintained with a native vegetative material as set forth in § 450-114B(6), below, and where required for multifamily, commercial and industrial uses, a screen planting shall be planted and maintained to the full length of side and rear lot lines which do not abut streets.
(4)
All buffer yards shall be planted with grass or ground cover, and where required, a dense screen planting. Buffer yards shall be maintained and kept free of all debris and rubbish.
(5)
No structure, manufacturing or processing activity or storage of materials shall be permitted in buffer yards. However, access roads, service drives, and utility easements not more than 35 feet in width are permitted to cross a buffer yard, provided that the angle of the center line of the road, drive, or easement crosses the buffer yard at an angle not less than 60°.
(6)
No parking shall be permitted in buffer yards.
(7)
Prior to the issuance of a building permit, plans for buffer yards shall be submitted for review and recommendation by the Zoning Officer as either part of the subdivision and land development plat approval process or site plan approval process. Said plans shall show the arrangements of all of the buffer yards and the placement, species, and size of all plant materials to be placed in such buffer yard. Said plan must be reviewed by the Planning Commission and approved by the Board of Supervisors before a building permit may be issued.
B.
Screen plantings. Where required, screen plantings shall be located in the exterior portion of the required buffer yards and shall be in accordance with the following requirements:
(1)
Plant materials used in screen planting shall be at least six feet in height when planted, and be of suitable vegetation in order to produce, within three years, a complete year-round visual screen of at least six feet in height and within 15 feet of the property line;
(2)
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year;
(3)
The screen planting shall be so placed that at maturity, it will not be closer than three feet from any ultimate right-of-way or property line;
(4)
A clear sight triangle shall be maintained at all street intersections and at all points where vehicular access ways intersect public streets;
(5)
The screen planting shall be broken only at points of vehicular or pedestrian access;
(6)
The Township encourages the use of native plant materials in the establishment of buffer yards and screen plantings. However, the following plant materials shall not be used in the establishment of buffer yards unless they are already existing as set forth in Subsection B(7) below:
(7)
Wherever possible, natural vegetation shall be maintained as the required screening material. Natural earth berming of at least six feet in height may be included as part of the screening requirement.
(8)
Screen plantings shall be provided between the property line and any off-street parking area and any outdoor solid waste storage area for any multifamily, townhouse, commercial or manufacturing use where the parking or solid waste disposal area abuts a residential zoning district or a lot occupied by a residential use.
(9)
All outdoor storage of material, excluding display areas as defined herein, firewood, or materials primarily used for agricultural purposes, shall be completely screened from view from any public street right-of-way and any residential district which abuts the lot or tract.
(10)
Any existing multifamily, commercial or industrial use shall not be required to comply with the screening requirements except in case of enlargement or exterior alteration of same.
§ 450-115 Obstruction to vision.
A.
On any corner lot, no wall, fence, or other structure shall be erected or altered, and no hedge, tree, shrub, crops, or other growth shall be maintained which may cause danger to vehicles or pedestrians on a public road by obscuring the view.
B.
Visual obstructions shall be limited to a height of not more than three feet or less than 10 feet above the street grade, excepting the trunks of street trees or other ornamental trees whose foliage is kept trimmed to a height of 10 feet above the street grade.
C.
The area to be kept free of encroachment shall form a triangle with a line of sight between points measuring 100 feet from the center line intersection of the adjacent streets.
§ 450-116 Nonresidential fences and walls.
A.
Fences and walls may be erected, altered and maintained within the yards, excluding required buffer yards, provided that any such fence or wall in the front yard shall not exceed 3 1/2 feet in height; and any fence or wall in the side or rear yard may be a maximum of eight feet in height. Furthermore, any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet. Retaining walls, constructed to hold back or support an earthen berm, shall be exempted from said height standards.
B.
Fences and walls may be erected along established property lines only if a written agreement exists between affected property owners, addressing maintenance of the fence and location of actual property lines. If no agreement exists, a fence or wall may be erected no less than one foot from the established property line.
C.
Fences and walls on farms as defined herein may be erected, altered and maintained at the established property line. A concrete or solid wooden wall must be set back 25 feet from the center line of the road.
D.
All yards used for the storage of any material needed for the operation or conduct of a manufacturing or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence, chain-link fence in conjunction with a screen planting or screen planting on all sides which face upon a street or face upon a lot in any district, other than manufacturing or commercial districts.
§ 450-117 Outdoor storage.
A.
Outdoor stockpiling. In all zoning districts, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. In any residential zone, the outdoor stockpiling of materials, not considered "junk" as defined herein (except firewood for personal use) for more than one year, is prohibited.
B.
Trash, garbage, refuse or junk. Unless otherwise specifically permitted by other sections of this Zoning Ordinance, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.
C.
The storage of any disabled vehicle on a residential lot is prohibited unless it is intended for use, restoration or removal within one year from the date upon which the vehicle was deemed disabled. Any such vehicle shall not be located within the front yard area of any property.
D.
When outdoor storage is permitted it shall be provided with a dustless gravel or paved surface.
E.
The outdoor storage area shall be completely enclosed by fence and screened and buffered in compliance with § 450-114.
F.
The outdoor storage shall not be located within the required clear sight triangle in accordance with Chapter 380, Subdivision and Land Development.
G.
The outdoor storage shall not block driveway access or parking areas.
§ 450-118 Prohibited use.
No building may be erected, altered, or used, and no lot or premises may be used for any activity that is noxious, injurious, or offensive by reason of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration, illumination, or similar substances or conditions.
§ 450-119 Access to structures.
Every building hereafter erected or moved shall be on a lot adjacent to a public road or with guaranteed access to an improved private road. Driveways and access drives shall conform to the requirements of Chapter 380, Subdivision and Land Development, and when applicable, the Welsh Mountain Official Street Map Ordinance.
§ 450-120 Storage of explosives.
The storage of explosives shall be prohibited in residential districts. Explosives may be kept in all other districts provided they are stored no closer than 200 feet to any property line, and provided that all State standards are met.
§ 450-121 Classification of roadways.
For purposes of this chapter, the following roadway classifications shall govern:
§ 450-122 Projections in yards.
Unenclosed ground-story terraces, patios, and porches may project into any required yard not more than 1/2 its required dimension and not more than 10 feet in any case. Chimneys, flues, columns, sills and ornamental architectural features may project not more than two feet into a required yard.
§ 450-123 Swimming pools.
Swimming pools may be permitted as an accessory use in any district and shall comply with the following conditions and requirements:
A.
No swimming pool shall be permitted without a filtering system.
B.
No swimming pool shall be permitted unless it is enclosed by a permanent fence containing no vertical interspace of more than two inches and having a self-closing gate which is at least four feet in height and conforms to UCC regulations. This requirement shall not apply to aboveground pools having a wall measuring four feet in height and having a retractable or removable ladder. A dwelling unit or an accessory building may be used as part of such enclosure. However, height requirements for a fence shall not apply to the building.
C.
No swimming pool, including any walks or paved areas or accessory structures, shall be closer than five feet to any property line, nor shall it be nearer to any street line upon which any residence abuts than the existing setback line of the residence. In no case shall it be any closer than 20 feet from any street line.
D.
No water from a pool shall be discharged onto any abutting property or any public street or alley.
E.
Any lights used in conjunction with the pool shall be shielded in such a manner to prevent glare on adjoining properties.
F.
All pool electricity must have a ground fault receptacle for protection.
G.
All pools shall conform to all applicable requirements of the Township's building code.
H.
Hot tubs, whirlpool baths and tubs and Jacuzzi-type tubs or baths shall not be considered swimming pools if located outdoors or designed to be located outdoors, and are provided with permanent outdoor water plumbing.
I.
Pools shall not be located over an on-lot septic system drain field.
J.
All materials used in the construction of pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operating in such a manner as to be clean and sanitary at all times.