East Manchester Township
City Zoning Code
City Zoning Code
ARTICLE IV
Supplementary Regulations
§ 255-21 Accessory structures and uses.
[Amended 11-13-2007 by Ord. No. 2007-5; 11-10-2009 by Ord. No. 2009-3; 12-9-2014 by Ord. No. 2014-6; 9-13-2016 by Ord. No. 2016-3; 11-9-2021 by Ord. No. 2021-5; 5-13-2025 by Ord. No. 2025-5]
Accessory structures are permitted in all districts. Accessory structures may be prefabricated and/or prebuilt, except that the unit/structure shall not have been built and titled under the Pennsylvania Vehicle Code, Commonwealth of Pennsylvania. All accessory structures shall conform with the minimum yard regulations established in the zoning districts, except as permitted below. See § 255-28 for additional provisions relating to portable storage units and roll-off dumpsters.
A.
Unattached structures accessory to residential buildings. Structures accessory to residential buildings which are not attached to a principal structure shall not be higher than 25 and may be erected within the required rear or side yard of a principal structure provided that they conform with the following:
B.
Unattached structures accessory to nonresidential buildings. Such accessory structures shall only be placed in the rear or side yards and shall comply with required side and rear yard requirements for the principal structure. Storrnwater facilities shall be allowed in any yard with approval of the Board of Supervisors of the Township provide any such facilities shall have a minimum front, side and rear yard of 20 feet.
C.
Attached structures accessory to residential buildings. Unenclosed structures accessory to residential buildings which are attached to a principal structure may project into required setbacks, per the applicable zoning district, as follows:
(1)
Uncovered stairs and landings to the main floor, canopies, eaves, porches, decks, patios, awnings, or other architectural features not required for structural support, may project into the front setback by not more than four feet, in no event closer than 10 feet to a side lot line or 15 feet to a rear lot line.
(2)
Fire escapes and uncovered stairs and landings providing access to or from levels above or below the main level of a residential structure may project into the required side or rear setback not more than three feet, but shall not be permitted in the front yard.
D.
Accessory dwelling units (ADU). In all districts where residential uses are permitted, and subject to the requirements of the applicable district, ADUs shall be permitted subject to the following the following requirements:
(2)
ADU residents shall apply for, and annually renew, an ADU occupancy permit for the ADU use. Such application and subsequent renewal shall be conditioned on proof that the ADU resident(s) is/are related to the owner of the principal dwelling, as provided in the definition of ADU.
(3)
Within six months of an ADU resident ceasing to inhabit the ADU, or within six months of failing to renew an ADU occupancy permit, the principal dwelling owner shall reconvert the ADU area to a part of the principal dwelling so that it will no longer be a separate unit.
(4)
One additional off-street parking space.
(5)
Any ADU constructed below grade must provide adequate emergency egress in conformance with the Pennsylvania Uniform Construction Code.
(6)
If an ADU increases the total number of bedrooms contributing to the existing septic system to four or more, the Township Sewage Enforcement Officer shall be notified to inspect and approve the septic system for any increase in sewage flows.
(7)
The appearance of the principal dwelling structure shall remain that of a single-family dwelling.
E.
Child day-care facilities. A family day-care home or a group child-care home may be permitted as an accessory use to a single-family dwelling where permitted by the zoning district. Either accessory use must be meet all requirements of the Township Code and DPW, including applicable approvals and licensures under 55 Pa. Code, Chapter 3290.
F.
Accessory solar energy systems (ASES).
(1)
All ASES must adhere to the following performance standards.
(a)
ASES with a kilowatts-per-hour (kWh) electricity production of 12 kWh or less are exempt from this subsection, but will require a building permit and must comply with all applicable provisions of the Uniform Construction Code. Building permits submitted for ASES to be exempt hereunder shall include a certification of the kWh electricity production expected from the ASES.
(b)
ASES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this subsection. Any physical modification to an existing ASES, whether or not existing prior to the effective date of this section, must adhere to the provisions in Section 403.42 of the Uniform Construction Code concerning permit requirements and exemptions.
(c)
Upon installation, the ASES shall be maintained in good working order in accordance with standards of the Township codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement action by the Township. The Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(d)
All ASES shall comply with the glare provisions located at § 255-40B(10) of this chapter.
[1]
In addition to this, solar panel placement in the ASES should be prioritized to minimize or negate any solar glare onto nearby properties or roadways without unduly impacting the functionality or efficiency of the solar system.
[2]
The Township may require a glare study to be completed and submitted at any time after the ASES is installed.
(e)
All on-site transmission and plumbing lines shall be attached flush to the solar array racking system or placed underground to the extent feasible. Any off-site transmission lines must be placed within a legal right-of-way and proof of the right-of-way shall be provided to the Township prior to installation of the ASES. Privately owned off-site transmission lines proposed to be in a public street right-of-way shall require Township approval and a right-of-way agreement with provisions indemnifying the Township from all liability related to the transmission lines.
(f)
The ASES must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.
(g)
Each ASES and all other solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of same.
(h)
The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of six continuous months.
(2)
Ground-mounted accessory solar energy systems.
(a)
ASES installers must certify they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP-approved installer by meeting or exceeding one of the following requirements:
[1]
Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
[2]
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
[3]
For residential applications, a registered home improvement contractor with the Attorney General's Office.
(b)
The owner of a ground-mounted ASES shall provide the Township written confirmation that the public utility company to which the ASES will be connected has been informed of the customer's intent to install a grid-connected system and approval of such connection. Off-grid systems shall be exempt from this requirement.
(c)
The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.
(e)
Freestanding ground-mounted ASES solar panels shall not exceed the applicable maximum height requirements in the underlying zoning district.
(f)
The following components of an ASES shall be considered impervious coverage and shall be included as part of the impervious coverage limitations for the underlying zoning district:
[1]
Foundation systems for ASES, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
[2]
Any impervious foundations installed for accessory mechanical equipment of the ASES, including any foundation structure to hold batteries or storage cells.
[3]
Gravel or paved access roads and parking areas servicing the ASES.
(g)
The applicant shall demonstrate compliance with the East Manchester Township Stormwater Management Ordinance.[1] ASES owners are encouraged to use low-maintenance and/or low-growing vegetative surfaces under the system as a best management practice for stormwater management.
(h)
No grass or weeds shall be permitted at any time to exceed 12 inches in length or height from the surfaces under or surrounding the ASES. Any noxious weeds, as listed on Pennsylvania's Noxious Weed Control List (as amended), shall be immediately eradicated and removed.
[1]
A violation of this provision also constitutes a violation of Chapter 243 of the Code and the Township has the power to enforce this provision as outlined in § 243-4 of the Code. Additionally, the Township may perform the eradication and removal services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(i)
Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
(j)
Ground-mounted ASES shall not be placed within any legal easement or right-of-way location.
(k)
If a ground-mounted ASES is removed, any earth disturbance as a result of the removal of the ground-mounted solar energy system shall be returned to an environmentally stable condition. All development, including but not limited to panels, fencing, roadways and placement of aggregate, shall be removed unless other arrangements have been agreed to in writing.
(l)
Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the ASES is constructed.
(m)
The zoning/building permit shall be revoked if the ASES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this subsection.
(3)
Roof-mounted and wall-mounted accessory solar energy systems.
(a)
A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.
(c)
Wall-mounted ASES shall comply with the building setbacks in the applicable zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof edge.
(e)
The applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of the Township and that the roof or wall is capable of holding the load imposed on the structure.
G.
Roadside stand.
(1)
Roadside stands are permitted in R-1, R-2, V, A, and CO zones. A roadside stand requires a land use permit by the township and must meet the following requirements:
(a)
Shall be owned and operated by the owners or resident (with permission from the owner) of the property as an accessory use to the principal use.
(b)
Only agricultural products which are grown or prepared on-site or locally shall be sold. Applicant shall abide by all Pennsylvania State Health regulations.
(c)
If the proposed roadside stand is located in a residential subdivision with a homeowner or condominium association, the applicant shall obtain and submit a statement from the HOA or condominium association confirming the roadside stand does not violate any HOA or condo association rules or regulations.
(d)
Temporary display structures shall be not be greater than 64 square feet in size and no taller than 10 feet in height and the area of sales shall be less than 100 square feet in area. Structures and surrounding sales areas shall be maintained in good condition at all times. No storage shall be permitted in the front yard.
(e)
Temporary display structures must be no closer than 15 feet from any side or rear property line, set back at least 10 feet from any street right-of-way, and shall not block clear sight triangle.
(f)
One additional off-street parking shall be provided for customers in addition to required parking for the existing use.
(g)
Shall abide by all requirements of Article V, Off Street Parking and Loading. However, loading and offloading shall not be conducted within the right-of-way and shall at all times be limited to a vehicle not to exceed 10'x20'.
(h)
One sign no greater than four square feet is permitted and shall not be placed higher than the approved temporary structure when attached or if free standing must be placed no closer than 10 feet from the right-of-way and no taller than five feet in height. Sign must conform to specifications of Article VI, Signs.
(i)
Outside storage of equipment/parts thereof is not permitted.
(j)
Area of roadside stand must be kept clear of waste. Material waste may not be kept in the area of the roadside stand.
(k)
Shall obtain an annual renewal of the land use permit from the Township on a form prescribed by the Township.
(l)
Per the discretion of the Zoning Officer, if the use is deemed a nuisance or safety concern the Township reserves the right to place additional conditions on or revoke the permit.
§ 255-22 Places of worship.
A.
Permitted uses:
B.
Area and bulk regulations:
(1)
The minimum lot size shall be one acre; however, if the sanctuary shall have space for more than 500 persons one additional acre shall be required for each additional 100 persons or portion thereof.
(2)
The minimum front, side and rear yards shall be 50 feet.
(3)
The maximum lot coverage (principal and accessory buildings) shall be 20%.
(4)
The minimum open area shall be 30%.
(5)
The maximum building height shall be three stories, not to exceed 45 feet, except that steeples, towers, domes and similar architectural features may exceed this maximum by one foot in height for each two feet the building is set back from the street or front property line.
§ 255-23 Cemeteries.
B.
Area and bulk regulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions:
D.
Additional requirements.
(1)
Landscaping shall be required and set in place according to a plan approved by the Planning Commission.
(2)
A suitably screened or landscaped buffer zone at least 15 feet wide, which buffer strips shall be set back 15 feet from the property line, shall be provided by the owner along all the property and street boundary lines separating the use from adjacent districts. Screen planting shall be such that will reasonably be expected to reach a height of five feet in three years and a minimum height of 10 feet in eight years, and shall be planted in a pattern and proximity which shall block visibility, glare, noise, fumes, dust, and other harmful effects, within five years. Said screen planting shall be properly maintained by the owner, including maintenance and trimming to avoid and prevent the blocking of visibility for traffic clear sights.
(3)
No grave markers shall be set above finished grade.
(4)
No parking area shall be located within the required front, side or rear yards.
§ 255-24 Educational institutions.
B.
Area and bulk regulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions:
C.
Parking requirements:
(1)
Elementary schools: two spaces per classroom, plus one space for each five seats in any auditorium or other place of assembly.
(2)
Junior high or middle school: four spaces per classroom, plus one space for each five seats in any auditorium or other place of assembly.
(3)
Senior high school, college and university: eight spaces per classroom plus one space for each five seats in any auditorium or other place of assembly.
D.
Additional requirements.
(1)
Each site shall be landscaped in accordance with a plan approved by the Township.
(2)
A suitably screened or landscaped buffer zone at least 15 feet wide, which buffer strips shall be set back 15 feet from the property line, shall be provided by the owner along all the property and street boundary lines separating the use from adjacent districts. Screen planting shall be such that will reasonably be expected to reach a height of five feet in three years and a minimum height of 10 feet in eight years, and shall be planted in a pattern and proximity which shall block visibility, glare, noise, fumes, dust, and other harmful effects, within five years. Said screen planting shall be properly maintained by the owner, including maintenance and trimming to avoid and prevent the blocking of visibility for traffic clear sights.
(3)
No parking area shall be permitted within the required front, side or rear setbacks.
(4)
Each site shall be easily accessible from an improved street or highway with safe ingress and egress for both vehicular and pedestrian traffic.
(5)
Each site shall be economically accessible to essential public utilities.
(6)
All play areas contiguous to any developed lot shall be fenced.
§ 255-25 Health and welfare institutions.
B.
Area and bulk regulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions:
(1)
The minimum lot area shall be five acres or 800 square feet per patient bed, whichever is greater.
(2)
The minimum front, side and rear setback lines shall be 100 feet each.
(3)
The maximum lot coverage (principal and accessory buildings) shall be 20%.
(4)
The maximum building height shall be three stories, not to exceed 45 feet.
C.
Parking requirements: one space per three patient beds, plus one space for each employee.
D.
Additional requirements.
(1)
Each site shall be landscaped in accordance with a plan approved by the Planning Commission.
(2)
No parking area shall be located within the setback areas.
(3)
Sufficient exterior nighttime illumination of the parking area shall be required to provide convenience and safety. All such illumination shall be shielded from view of all surrounding streets and lots.
(4)
All buildings shall be of fire-proof construction.
(5)
All permitted uses shall be served by adequate water and sewer systems.
§ 255-26 Membership clubs and camps; commercial camps; resorts.
A.
Membership clubs and camps. The following uses shall be permitted:
(1)
Membership clubs and camps.
(2)
Outdoor recreation facilities, such as private playgrounds; golf clubs; swimming pools; tennis courts and similar facilities.
(3)
A combination of the above, so long as all such uses are on a single tract of land or contiguous tracts of land held in the same ownership and are managed as a single facility.
B.
Commercial camps. Commercial camps shall include and permit an office and a lobby, and may include a permit, by way of example, such accessory uses as restaurants, coffee shops, gift shops, newsstands, conference and meeting rooms, cafeteria dining halls providing food and drink, amusement and recreation facilities such as a swimming pool, playground, tennis or other game sports, game or recreation rooms, and spas and related facilities.
C.
Resorts. Resorts shall include such accessory uses and may include and permit, by way of example, such accessory uses as conference and meeting rooms, restaurants, coffee and gift amusement and recreation facilities such as a swimming pool, playground, tennis or other game sports, game or recreation rooms, and spas and related facilities.
D.
Use, area, and bulk regulations.
(2)
In no case shall the uses authorized herein be developed on prime agricultural soils.
(3)
All area and bulk regulations of the prevailing zoning district shall apply, with the following exceptions:
(a)
The minimum lot area shall be 10 acres.
(b)
The minimum front, side, and rear setback lines shall be 300 feet each. All buildings and impermeable structures (including but not limited to parking areas, tennis or basketball courts, concrete or macadam camping pads, driveways, and the like) shall cover a total of not more than 35% of the site.
E.
Supplemental regulations.
(1)
The use of public address systems shall be limited so that the sound of the public address system shall not be audible to the human ear beyond the boundaries of the site.
(2)
Exterior lighting shall be shielded so that it does not shine beyond the boundaries of the property.
(3)
Buffer strips shall be provided as required in § 255-50, except that buffer strips or areas can be waived at the discretion of the Zoning Hearing Board where, in the Zoning Hearing Board's judgment the proposed use immediately adjacent to its neighboring use is such that the proposed use itself will provide a natural buffer (for example, in certain instances, a golf course).
F.
Parking.
(1)
Vehicular ingress and egress shall be limited to two on any street.
(2)
For membership clubs, one parking space shall be provided for every two members or two accommodations (such as lockers), whichever is greater, or, in the case of a membership golf course, four spaces for each golf hole, whichever is greater. Additionally, one space shall be provided for each employee.
(3)
For all other golf courses, four spaces shall be provided for each golf hole. Additionally, one space shall be provided for each employee.
(4)
For membership or commercial camps, two parking spaces for every campsite or pad, at least one of which shall be located on each campsite or pad, and one parking space for each individual room, or one parking space for each two dormitory beds, as well and one space for each employee.
(5)
For resorts, one parking space for each resort unit, located within 300 feet of the resort unit which it serves, as well as one space for each employee.
(6)
For restaurants, coffee shops or cafeterias one parking space for each 100 square feet of floor are devoted to patron use, as well as one space for each employee.
(7)
For conference or meeting rooms, one parking space for every 50 square feet of floor area designated for conference or meeting rooms.
(8)
All parking required under this subsection shall conform to the requirements of Article V, except that, to the extent of a conflict between this Subsection F and § 255-58E, this section shall control. Additionally, all uses permitted in this section for which specific parking regulations have not been set forth in this Subsection F shall be controlled by § 255-58E.
(9)
All off-street parking areas shall be at least 30 feet from all property lines.
(10)
When multiple uses are proposed, the proposed parking shall meet the combined minimum requirements for all proposed uses.
(11)
Before the issuance of any building permit by the Township, a detailed land development plan for the proposed development shall be submitted to, and approved by, the Township, as provided Chapter 208, Subdivision and Land Development, of the Code of the Township of East Manchester. In addition to the requirements of Chapter 208, Subdivision and Land Development, the plan shall identify the location and size of existing trees, all other landscaping proposed, detailed plans for any signs, as well as elevations, drawings or perspectives of the proposed structures.
§ 255-27 Lots for duplex dwellings.
[Added 11-13-2007 by Ord. No. 2007-5]
Where it is desired to have each dwelling unit of a duplex dwelling located on a separate lot, the following modifications shall apply:
A.
The area and width of each lot shall be equal to or greater than 1/2 the minimum lot area and lot width requirements of the zone in which the duplex dwelling is to be located.
B.
Each lot shall be required to have one side yard, with the exception of a corner lot which shall be considered two front yards for the lot which borders both streets. The side yard shall meet the minimum setback requirements of the zone in which the duplex dwelling is to be located.
§ 255-28 Portable storage unit, roll-off dumpsters.
[Added 11-13-2007 by Ord. No. 2007-5; amended 5-13-2025 by Ord. No. 2025-5]
A.
It shall be a violation of this section and chapter for any person, partnership, corporation, or any other entity to place or permit the placement of a portable storage unit or a roll-off dumpster on any property which he/she, it, or they own, rent, occupy, or control, or anyone acting as their agent or on their behalf to place or permit the placement of a portable storage unit or roll-off dumpster, without first obtaining a permit from the Zoning Officer.
B.
There shall be no more than one portable storage unit or roll-off dumpster per lot.
C.
A portable storage unit or roll-off dumpster shall be no larger than eight feet wide, 16 feet long and eight feet high.
E.
Notwithstanding the provisions of Subsection D of this section, up to two portable storage units or roll-off dumpsters shall be permitted during construction, reconstruction, alteration, renovation, or demolition of a structure and for the length of the construction permit, so long as the roll-off dumpster is emptied regularly.
F.
A portable storage unit (but not a roll-off dumpster) may be placed on a lot during an emergency situation when declared by the appropriate federal, state, county, or Township agency. In such event, the portable storage unit may be placed on the property without a permit, but a permit shall be obtained within seven days after the placement of the unit. The portable storage unit shall be removed from the lot within seven days after the end of the declaration of emergency.
G.
Portable storage units or roll-off dumpster shall be placed only within the yards of a principal structure, provided they conform with the setback requirements for accessory structures contained in § 255-21, and provide for reflective material or cones around or on the portable storage unit or roll-off dumpsters.. The Zoning Officer may permit the placement of a portable storage unit or roll-off dumpster within the front yard or on the berm or shoulder of a public street only if he or she determines, in his or her sole judgment, that all of the following conditions exist:
(1)
A portable storage unit or roll-off dumpster cannot reasonably or safely be placed in the side or rear yard of the lot off of the public street;
(2)
Placement of the portable storage unit or roll-off dumpster will not impede the safe and uninterrupted flow of vehicular traffic on the public street; and
(3)
Placement of the portable storage unit or roll-off dumpster will not cause damage to any portion of the public street, including the berm or shoulder, and/or that sufficient provisions are made to prevent such damage, or the owner or party placing it provides sufficient security to repair any damage caused by it.
H.
Application for a permit shall be made to the Zoning Officer on a form provided by the Township. The Zoning Officer shall determine the most appropriate location for the portable storage unit or roll-off dumpster on the lot, or, alternatively, within the front yard or on the public street pursuant to Subsection G. The permit shall be posted in plain view on the lot, and shall contain at a minimum the following information:
(1)
The names, addresses, and telephone numbers of all owners of the lot;
(2)
The address of the property on which the personal storage unit or roll-off dumpster is to be placed;
(3)
The name, address, and telephone number of the company placing the personal storage unit or roll-off dumpster;
(4)
A drawing or diagram showing the authorized location of the portable storage unit or roll-off dumpster; and
(5)
The date the permit was issued and the date it expires.
I.
The Zoning Officer is hereby authorized to extend any permit issued pursuant to this section upon written request of the owner of the lot for one additional term equal to the original permit, so long as, at the time of such extension, no violation of this section or this chapter or any other ordinances of the Township exists.
J.
All portable storage units or roll-off dumpsters shall be removed upon expiration of the permit, without exception.
L.
Notwithstanding the provisions of this section, if the Commonwealth of Pennsylvania at any time has or places restrictions on state roads or highways over which it has jurisdiction which are more restrictive than the requirements of this section, then the more restrictive regulations shall apply. Further, notwithstanding the issuance of a permit pursuant to this section, if the Commonwealth of Pennsylvania notifies an owner of a lot that the owner is in violation of state standards, then such notification shall take precedence over and supersede any permits issued by the Zoning Officer, and such permits shall be considered automatically rescinded and void in the event of such notification.
M.
In addition to the remedies for violations set forth in this chapter, the Township shall have the right to pursue any and all other remedies available to it either at law or in equity. Further, in addition to the provisions of violations and penalties in this chapter, in the event that the Township determines that any violation of this section creates an obstruction or nuisance to the public streets, or otherwise affects the health, safety, or welfare of the traveling or general public, the Township may take such actions as are authorized by the Second Class Township Code[2] and the General Road Law,[3] including the immediate removal of any obstructions or nuisances at the expense of the owners of the lot.
§ 255-29 Mobile home parks.
The Zoning Hearing Board may approve mobile home parks by special exception in designated districts according to the procedures and requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and economical qualities of open space, provided that such use will not create a traffic hazard or otherwise impair the value, health, welfare, or convenience of the surrounding neighborhood or prospective occupants.
A.
Procedure. No person, firm or corporation shall construct, maintain, or operate a mobile home park within the Township without obtaining a building permit and subsequently a certificate of occupancy.
(1)
Prior to the issuance of a building permit in a mobile home park, a land development plan shall be submitted to and approved by the Township, in accordance with Chapter 208, Subdivision and Land Development, and the following conditions:
(a)
Said land development plan shall include areas within which mobile homes may be located, the spacing of mobile homes, open spaces and their landscaping, off-street parking spaces, and streets, driveways, utilities, watercourses, and any other physical features relevant to the proposed plan; and
(b)
Prior to final land development plan approval, the developer shall file with the Township Supervisors a performance guarantee to insure the proper installation of all street, utility, and recreation improvements shown on the site plan, and may be required to file a maintenance guarantee to insure the proper maintenance of all such facilities. The amount and period of said guarantees shall be in accordance with Section 509 of the Municipalities Planning Code[1] and the form, sufficiency, manner of execution, and surety shall be approved by the Township Supervisors.
[1]
Editor's Note: See 53 P.S. § 10509.
(2)
The Township may inspect each mobile home park prior to granting a certificate for conformance with the provisions of this chapter and any other applicable regulations.
(a)
It shall be incumbent upon the proprietor of a mobile home park to keep a register and to report therein the name of the person or head of family occupying each said mobile home, showing date of entry on said land, license number of automobile, serial number, and make and size of trailer, the last permanent address of the person or head of family using said mobile home, and the names of all persons using or living in said mobile home.
(b)
Said register and mobile home park shall be subject to inspection periodically by the Township.
B.
Park site. The park site shall be well drained and have such grades and soil as to make it suitable for the purpose intended. All such parks shall be planned as a unit and shall be located on a tract of land at least 10 acres in size. The area of said site shall be in single ownership or under unified control.
C.
Lot requirements. All lots in any mobile home park shall be well drained and graded to a point where mobile homes may be parked so that the parking of the same shall result in safety to all concerned. In all instances as much natural vegetation as is reasonably possible shall be preserved by any mobile home park developer. All lots shall conform to all minimum common regulations for single-family residences in the district in which the mobile home park is located.
(1)
Individual mobile home lots located in a mobile home park shall contain at least 10,000 square feet of lot area and shall not be less than 80 feet wide at the building setback line exclusive of the easement.
(2)
The maximum number of mobile home lots that may be approved in a mobile home park shall be computed by subtracting from the total gross area of the tract the total gross area utilized for streets and sidewalks and a fixed percentage of 15% of said area for usable open space and dividing the remaining area by 10,000 square feet.
(3)
In computing the maximum number of mobile home lots that may be created, lands which are located within a floodplain area, which are subject to either periodic flooding or occasional chronic wetness, which are occupied by public utility easements, or which have a slope in excess of 25% in such a manner as to limit their use or prevent their development shall not be considered part of the total gross area.
(4)
All mobile home lots shall be given street numbers, and all park streets shall be given names.
D.
Yard and setback requirements.
(1)
All mobile homes shall be located at least 75 feet from any street right-of-way which abuts a mobile home park boundary and at least 100 feet from any other park boundary line.
(2)
There shall be a minimum distance of 25 feet between an individual mobile home and adjoining pavement of a park street, or common parking area, or other common areas.
(3)
All mobile homes shall be separated from each other and from other buildings by at least 20 feet.
E.
Park street system.
(1)
Park access. Access to mobile home parks shall be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. Each mobile home park shall be provided with at least two points of ingress and/or egress and a distance of at least 200 feet shall be maintained between center lines of access streets.
(2)
Lot access. All mobile home parks shall be provided with safe and convenient paved access streets to and from each and every mobile home lot. Alignment and gradient shall be properly adapted to topography.
(3)
Streets. All streets within any mobile home park shall meet the minimum Township requirements as set forth in Chapter 208, Subdivision and Land Development, and the Township's Construction and Material Specification for local access roads.[2] Block length shall conform with Chapter 208, Subdivision and Land Development, requirements. All streets shall have curbing which shall meet the requirements of Chapter 208, Subdivision and Land Development, and the Township's Construction and Material Specifications.[3]
(4)
Intersections. Not more than two streets shall intersect at any one point and a distance of at least 150 feet shall be maintained between center lines of offset intersecting streets.
F.
Required off-street parking. Off-Street parking areas shall be provided in all mobile home parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least two vehicular parking spaces, each space containing at least 300 square feet, for each mobile home lot. All off-street parking areas required under this section shall be located on the mobile home lot which they serve.
G.
Utility improvements.
(1)
Water distribution.
(a)
All mobile home parks shall provide to each separate mobile home lot line a continuing supply of safe and potable water as approved by the Department of Environmental Protection.
(b)
Such water supply system shall have sufficient storage and pressure to meet the specifications of the National Fire Protection Association for satisfactory fire protection, and fire hydrants shall be placed on said system at least every 600 linear feet.
(2)
Sewage disposal. Any mobile home park within 1,000 feet of the sanitary sewer lines owned or operated by the Township, the Northeastern York County Sewer Authority or any other municipal authority, shall be connected to said line. The said hookup to the municipal authority's sanitary sewer system shall be at the expense of the mobile home park owner, and said hookup shall comply with all the requirements, rules, regulations or ordinances in place, either federal, state, local or pursuant to the regulations or ordinances in place, either federal, state, local or pursuant to the grant of authority to said municipal authority. Each separate mobile home lot shall be connected to said municipal sanitary sewer system. In the event that a hookup to a municipal sanitary sewer system is not required herein, then each mobile home park shall provide to each separate mobile home lot a connection to a centralized public or community sanitary sewage disposal system which shall be approved by the Department of Environmental Protection.
(3)
No building permit shall be issued until the sewage disposal and water distribution systems for the mobile home park have been approved by the Department of Environmental Protection.
(4)
Electrical distribution. All mobile home parks shall have underground electrical distribution systems which shall be installed and maintained in accordance with the local electrical power company's specifications regulating such systems.
(5)
Natural gas systems.
(a)
Natural gas piping systems when installed in mobile home parks shall be maintained in conformity with accepted engineering practices.
(b)
Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharges of gas when the outlet is not in use.
(6)
Liquefied petroleum gas systems.
(a)
Liquefied petroleum gas (LPG) systems provided for mobile homes, service buildings or other structures shall include the following:
[1]
Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
[2]
Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition.
[3]
All LPG piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas liquid form shall not be conveyed through piping equipment and systems in mobile homes.
[4]
Vessels of more than 12 and less than 60 U.S. gallons gross capacity may be securely but not permanently fastened to prevent accidental overturning.
[5]
No LPG vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure unless such installations are specially approved by the Zoning Hearing Board.
[Amended 11-10-2009 by Ord. No. 2009-3]
(7)
Fuel oil supply system.
(a)
All fuel oil supply systems provided for mobile homes, service buildings, and other structures shall be installed and maintained in conformity with such rules and regulations as may be required by the Township.
(b)
All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not permanently, fastened in place.
(c)
All fuel oil supply systems provided for mobile homes, service buildings and other structures shall have shut-off valves located within five inches of storage tanks.
(d)
All fuel storage tanks or cylinders shall be securely placed and shall not be less than five feet from any mobile home exit.
(e)
Storage tanks located in areas subject to traffic shall be protected against physical damage.
H.
Usable open space. All mobile home parks shall provide not less than 15% of the total land area for usable open space purposes. Usable open space shall be so located as to be free of traffic hazards and overhead impairments and hazards and should, where the topography permits, be centrally located and easily accessible to all park residents.
(1)
Exposed ground surfaces in all parts of every park shall be paved, or covered with stone screenings, other solid material, or protected with a vegetation growth that is capable of preventing soil erosion and the emanation of dust during dry weather.
(2)
Park grounds shall be maintained free of vegetation growth which is poisonous or which may harbor rodents, insects, or other pests harmful to man.
I.
Buffer strips. A suitably screened or landscaped buffer zone at least 15 feet wide, which buffer strips shall be set back 15 feet from the property line, shall be provided by the owner along all the property and street boundary lines separating the park from adjacent uses. Screen planting shall be such that will reasonably be expected to reach a height of five feet in three years and a minimum height of 10 feet in eight years, and shall be planted in a pattern and proximity which shall be properly maintained by the owner.
J.
Walkways.
(1)
General requirements. There shall be park sidewalks between individual mobile home lots, along the park streets and to all community facilities provided for park residents. All park sidewalks shall conform to Chapter 208, Subdivision and Land Development, and the Township's Construction and Material Specifications for sidewalks, [4]except as set forth in Subsection J(3) herein.
(2)
Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four feet.
(3)
Individual walks. All mobile home lots shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of three feet.
K.
Signs and lighting.
(1)
Signs shall be permitted in accordance with the regulations applicable to the district in which said mobile home park is situated.
(2)
All means of ingress, egress, and streets shall be adequately lighted. At a minimum, each mobile home lot in a mobile home park shall include a front yard post-type light of sufficient intensity to light the sidewalk from the mobile home to the street and shall be controlled by a light sensor to assure dusk to dawn illumination, unless an adequate alternative system shall be regularly maintained.
L.
Other site improvements.
(1)
One fire alarm box or public telephone shall be provided. The park operator shall require that a UL listed fire extinguisher shall be maintained in each mobile home and in all public service buildings under park control.
(2)
Provision shall be made by the park operator to have garbage collected at least once very week. Any refuse disposal sites proposed within the mobile home park shall be subject to the approval of the State Department of Environmental Protection. No centralized waste collection station shall be located on the park site.
(3)
Each mobile home lot shall be provided with a four-inch concrete slab on a stable surface at least 10 feet by 18 feet in size for use as a terrace and so located so as to be adjoining and parallel to the mobile home. Such slab shall contain an electrical outlet to which the electrical system of the mobile home shall be connected.
(4)
There shall be provided in each mobile home park such other improvements as the Zoning Hearing Board may require whereby such requirements shall at all times be in the best interest of the park residents.
[Amended 11-10-2009 by Ord. No. 2009-3]
(5)
An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosures shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
(6)
Television reception service shall be provided from a centralized antenna or cable service.
M.
Park areas for nonresidential uses.
(1)
No part of any mobile home park shall be used for a nonresidential purpose, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.
(2)
Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on an individual lot and connected to the pertinent utilities.
N.
Park rules and regulations. Each mobile home park owner shall make as part of the application for special exception either proposed or existing rules and regulations for the operation and welfare of the mobile home park. Any changes in such rules shall be submitted to the Township.
§ 255-30 Trailer camps.
The Zoning Hearing Board may approve trailer camps by special exception in designated districts according to the procedures and requirements specified below:
A.
Tents, camping trailers, travel trailers, pickup coaches, motor homes or any combination thereof shall be permitted to locate only in an approved trailer camp.
B.
In no case may a trailer camp be developed on prime agricultural soils.
C.
Trailer camps shall be provided for the specific purpose of transient or vacationing occupants and shall be subject to and regulated by the provisions of § 255-29 entitled, "Mobile home parks," except that:
(1)
The Zoning Hearing Board may adjust the requirements of § 255-29M, in order to avoid unreasonable requirements, but in no case shall the average density exceed 10 trailer camp sites per net acre nor shall the maximum density permitted within said camp exceed 15 camp sites for any single net acre. Moreover, the minimum width of any trailer camp site shall not be less than 35 feet wide at the building setback line.
(2)
The Zoning Hearing Board may adjust the requirements of § 255-29D(2), where appropriate, but in no case shall said minimum distance be less than 15 feet.
(3)
The Zoning Hearing Board may adjust the requirements of § 255-29G(1), where appropriate, but adequate sanitary sewage facilities must be provided for said camp.
D.
Occupancy by each dwelling structure in the trailer camp shall be limited to no more than six months in any twelve-month period.
E.
A suitably screened or landscaped buffer zone at least 15 feet wide, which buffer strips shall be set back 15 feet from the property line, shall be provided by the owner along all the property and street boundary lines separating the use from adjacent districts. Screen planting shall be such that will reasonably be expected to reach a height of five feet in three years and a minimum height of 10 feet in eight years, and shall be planted in a pattern and proximity which shall block visibility, glare, noise, fumes, dust, and other harmful effects, within five years. Said screen planting shall be properly maintained by the owner, including maintenance and trimming to avoid and prevent the blocking of visibility for traffic clear sights.
§ 255-31 Resources removal.
A.
Resources removal shall include the development and operation of sand pits, gravel pits, peat bogs, removal of topsoil and landfill, and the excavation, extraction, or removal of any natural resources from the land or ground (excluding the removal of timber or crops, which shall be exempted from this section) subject to the requirement of this section.
B.
Requirements when permitted by right.
(1)
A use certificate shall be issued prior to any removal of resources.
(2)
A land development plan shall be submitted to and approved by the Board of Supervisors prior to the issuance of a use certificate.
(3)
The applicant shall have all permits required by, and/or show compliance with, all federal, state and county requirements for resource removal, including reclamation and bonding requirements.
(4)
Wherever a vehicle involved in hauling resources removed from the site enters or leaves a Township road or street, the applicant shall construct an access to aid road or street to such specifications as shall be established in the East Manchester Township Construction and Material Specification Manual.[1]
(5)
There shall be no operations of any kind on Sundays or New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day or Christmas Day. Within 1,000 feet of any residence, there shall be no operations between the hours of 7:00 p.m. and 7:00 a.m.
(6)
At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.
C.
Requirements when permitted by special exception. In addition to the general requirements for a special exception, the Zoning Hearing Board shall require the following:
(1)
All requirements of Subsections of A and B of this section shall be met.
(2)
The proposed operation shall not adversely affect soil fertility, drainage, and the lateral support of abutting land or other properties, nor shall it contribute to soil erosion by water or wind.
(3)
Where any open excavation will have a depth of 10 feet or more and a slope of more than 30°, there shall be a substantial fence or other barrier, approved by the Zoning Hearing Board, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such screening as shall be deemed appropriate by the Zoning Hearing Board may be utilized to screen such operation from nearby residential uses.
(4)
Proper and reasonable measures, as determined by the Zoning Hearing Board, shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include, when considered reasonable and appropriate, limitations upon the practice of stockpiling excavated materials upon the site, or the creation of suitable landscaped buffer strip completely around the site.
§ 255-32 Airports and landing strips.
Airports and landing strips shall be permitted by special exception in designated districts subject to the following conditions:
A.
Any areas to be used by aircraft under its own power shall be provided with dustless surface.
B.
No area to be used by aircraft under its own power on the ground shall be less than 300 feet from any lot or street line.
C.
No residential building shall be permitted within 1,500 feet of the end of any runway or within any aircraft approach zone as the same may be established by either the state or the federal aviation agency, whichever area is greater.
D.
Evidence shall be presented to the Zoning Hearing Board that ample safeguards to minimize hazards and disturbance from noise of aircraft affecting residents and properties in the vicinity will be assured at all times of operation.
E.
Access to areas used by aircraft in motion shall be controlled by fences and gates.
F.
Vending machines; newsstands; governmental installations; airport, airline, and express offices, and aircraft repair facilities may be permitted within completely enclosed buildings. Storage and sale of aviation gasoline may also be permitted.
G.
The hours of operation may be limited by the Zoning Hearing Board to prevent disturbance to nearby residences.
H.
Additional conditions and safeguards as the Zoning Hearing Board may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed use is to be erected.
§ 255-33 Residential conversions.
A.
Permitted uses. Conversions of an existing residential structure from a one-family dwelling to a two- or more family dwelling.
B.
Area and bulk regulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions:
(1)
The lot on which such structure is located shall contain at least 60% of the required minimum lot area for each dwelling unit so created.
C.
Parking requirements. One and one-half off-street parking spaces shall be provided on said lot for each dwelling unit.
D.
Supplemental regulations.
(1)
Such structure shall have contained, on the effective date of this chapter, 1,000 square feet of livable floor area for the first dwelling unit, plus 600 square feet of livable floor area for each additional dwelling unit created.
(2)
Each apartment unit shall be provided with complete kitchen facilities, flush toilet and bathing facilities within the unit.
(3)
There shall be no evidence of change in the building except as required by building and/or housing codes.
(4)
Fire escapes, where required, shall be located at the rear or an interior side of the building.
§ 255-34 Multiple dwellings.
B.
Area and bulk regulations:
(1)
The minimum lot area shall be one acre.
(3)
The minimum lot width for apartment structures shall be 150 feet.
(4)
The minimum lot width for row or attached and townhouse dwellings shall be 20 feet except that end units shall have a lot width of 35 feet.
(5)
The minimum yard requirements shall be as follows:
Front (feet) | Side (feet) | Rear (feet) | |||
|---|---|---|---|---|---|
Apartment dwelling | 40 | 25 | 35 | ||
Row or attached and townhouse dwellings | |||||
End units | 25 | 35 | 35 | ||
Other units | 25 | — | 35 | ||
(6)
The maximum lot coverage permitted shall be 25%.
C.
Additional regulations.
(1)
Centralized water and sewer service shall be provided.
(2)
The maximum number of dwelling units per row or attached and townhouse buildings shall be six.
(3)
No building shall exceed 144 feet in length.
(4)
The minimum distance between principal buildings shall be equal to two times the height of the highest building, and between a principal and an accessory building shall be at least 20 feet.
(5)
Any inner court shall have a minimum dimension of 60 feet, any outer court shall have a minimum of 20 feet and its depth shall not exceed its width.
(6)
There shall be provided on the same lot suitably equipped and landscaped play spaces and usable open space subject to approval by the Township Board of Supervisors, or, in the case of a special exception, by the Zoning Hearing Board, in accordance with the following schedule:
Play Space (square feet) | Open Space (square feet) | ||
|---|---|---|---|
Efficiency unit | 75 | 360 | |
One-bedroom unit | 100 | 785 | |
Two-bedroom unit | 125 | 895 |
(7)
The maximum building height shall be three stories, but shall not exceed 35 feet. A land development plan shall be submitted to and approved by the Board of Supervisors for all newly constructed multiple dwellings or all conversions of existing buildings to multiple dwellings, which shall include a rendering of the external appearance of the buildings.
§ 255-35 Auction house for household and other goods.
Auction houses for household and other goods shall be permitted by special exception in designated districts subject to the following conditions:
A.
An auction house for household and other goods shall be permitted as an accessory use or a principal use of the lot.
B.
Lot area and bulk regulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions:
(1)
The minimum lot area (principal and accessory uses) shall be five acres.
(2)
The building setback shall be at least 50 feet from any lot or street line.
(3)
The maximum lot coverage (principal and accessory buildings) shall be 20%.
(4)
The maximum building height for new structures shall be one story.
D.
Supplemental regulations.
(1)
No parking area shall be located within the required front, side or rear setback areas.
(2)
The auction house site shall be easily accessible from an improved street or highway with safe ingress and egress for both vehicular and pedestrian traffic.
(3)
The use of outdoor public address systems for any purpose must be approved by the Board of Supervisors before use or installation.
(4)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises or security, shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots.
(5)
A sign identifying the auction house use shall be permitted in accordance with provisions for a customary home occupation (§ 255-37).
(6)
Temporary signs advertising a particular sale event shall be permitted in accordance with the provisions of Article VI. Such temporary sign shall be erected not more than 15 days prior to, and removed not more than one day after, the scheduled sale event.
(7)
Auctions shall not be held more frequently than once in a seven-day period.
§ 255-36 Bed-and-breakfast inn.
Bed-and-breakfast inns shall be permitted by special exception in designated districts subject to the following conditions:
A.
The structure shall be of local, state, or federal historic significance. It is the applicant's responsibility to show proof of historic significance.
B.
The structure shall contain a minimum of 2,000 square feet of gross floor area.
C.
All bed-and-breakfast units shall be contained within the principal structure.
D.
There shall be not more than one bed-and-breakfast unit per 700 square feet of gross floor area in the principal structure.
E.
All lot area and bulk regulations of the prevailing zoning district for single-family dwellings shall apply.
F.
In addition to the two spaces required for the principal dwelling, there shall be one off-street parking space per bed-and-breakfast unit.
G.
Dining and other facilities shall not be open to the public but shall be exclusively for the residents and registered bed-and-breakfast guests.
§ 255-37 Home occupation.
Home occupations shall be permitted in designated districts by special exception or otherwise subject to the following conditions:
A.
Home occupations shall be limited to the following: physician, dentist, barber, beautician, clergyman, lawyer, engineer, surveyor, accountant, architect, teacher, computer programmer, artist, photographer, licensed insurance or real estate agent, seamstress or similar service occupations and professions. The Zoning Hearing Board shall determine whether a home occupation is similar to those listed above. Any type of servicing or repair of vehicles or small engines shall not be permitted as home occupations.
B.
No more than one person outside the family may be employed or engaged in the occupation.
C.
The character or external appearance of the dwelling unit or accessory structure must be that of a dwelling or its accessory structure. No display of products may be shown so as to be visible from outside the dwelling. A nameplate not larger than two square feet in area may be permitted. It must be illuminated only by indirect lighting.
D.
Not more than 30% of the livable floor area of a dwelling unit may be devoted to a home occupation or profession which is located in that dwelling unit.
E.
In addition to the required parking for the dwelling unit, additional off-street parking located on the property, or on a contiguous property if held in the same ownership, is required as follows: one space for the home occupation and one space for each employee outside the immediate family; three additional spaces for a physician, dentist, barber or beauty shop. The Zoning Hearing Board may require additional parking if circumstances so warrant.
F.
No more than one home occupation may be located in any dwelling unit. The granting of a special exception for a home occupation is personal to the applicant and cannot be utilized or transferred to any other person without a separate request to the Zoning Hearing Board.
§ 255-38 Automotive services.
Automotive services shall be permitted in designated districts by special exception or otherwise subject to the following conditions:
§ 255-39 Wind energy conversion systems.
A.
The Zoning Hearing Board may approve wind energy conversion systems in the A, R-1, and R-2 Districts by special exception according to the procedures and requirements specified below:
(1)
One windmill or windwheel shall be permitted per property.
(2)
The structure supporting the wind rotor unit, including any required supporting cables, etc., shall not be connected to any occupied structure and shall be located a minimum distance of the wind rotor unit tower height, plus 10 feet, from any occupied dwelling.
(3)
The maximum height of the wind rotor and tower shall be determined as follows:
Minimum Distance From Closest Property Line (feet) | Maximum Tower Height (feet) | |
|---|---|---|
75 to 85 | 35 | |
86 to 95 | 40 | |
96 to 100 | 45 | |
More than 100 | 50 to 75 |
(a)
The tower height may be increased from 50 feet up to a maximum of 75 feet, with the allowance of each one foot of setback over 100 feet from the closest property line.
(4)
All mechanical equipment and buildings associated with the operation shall be enclosed with a six-foot fence. The tower shall also be enclosed with a six-foot fence, unless the base of the tower is not climbable for a distance of 12 feet.
(5)
When a building is required for storage cells or related mechanical equipment, the building may not exceed 150 square feet in area nor eight feet in height, and must be located at least 75 feet from any property line.
(6)
All electric and other utility wires associated with the wind energy conversion system shall be buried underground.
(7)
The applicant shall demonstrate that any noise emanating from the wind energy conversion system shall not exceed 60 decibels measured at the nearest property line.
(8)
If the wind energy conversion unit is abandoned from use, the tower and related structures shall be dismantled and removed from the property within 90 days.
(9)
The energy generated from the wind energy conversion system shall be used on the property on which it is located and shall not be operated as a commercial enterprise.
§ 255-40 Performance standards.
No land or building in any zoning district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electromagnetic or other substance, condition or element in such manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"), provided that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence.
A.
Enforcement provisions applicable to other uses. Even though compliance with performance standards procedure in obtaining a building permit is not required for some particular uses, initial and continued compliance with the performance standards themselves is required of every use, and provisions for enforcement of continued compliance with performance standards shall be invoked by the Township against any use if there are reasonable grounds to believe that performance standards are being violated by such use.
B.
Performance standard regulations.
(1)
Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided at all times with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply.
(2)
Vibration.
(a)
For all uses other than blasting associated with surface mining activities, no vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond that lot line; nor shall any vibration produced exceed 0.002g peak at up to 50 cps frequency, measured at or beyond the lot line using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than 50 cps frequency or a periodic vibration shall not induce accelerations exceeding 0.001g. Single impulse aperiodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g.
(b)
For blasting associated with surface mining activities, no such blasting shall produce vibrations exceeding the maximum particle velocities specified in this subsection and all such blasting shall conform to the requirements of this subsection. The maximum vibration as expressed in particle velocities may be measured with properly calibrated instrumentation approved and authorized by the Pennsylvania Department of Environmental Protection, or such other state or federal agencies as shall, from time to time, regulate surface mine blasting, or, if none, with instrumentation generally accepted within the surface mining industry. Particle velocity shall be measured for purposes of this chapter in the same manner and by the same methods as required by the Pennsylvania Department of Environmental Protection, or such other state or federal agencies as shall, from time to time, regulate surface mine blasting. Permissible maximum particle velocities in any direction shall not exceed 0.60 inch per second in any district.
(c)
The owner of land shall file blasting reports and seismic reports with the Township for each blast within 15 days after each blast. The blasting and seismic reports shall conform to those prepared for and pursuant to regulations of the Pennsylvania Department of Environmental Protection, or such other state or federal agencies as shall, from time to time, regulate surface mine blasting. All such records shall be available for public inspection at the offices of the Township.
(d)
In addition to any penalties prescribed in this chapter, or in or through the Pennsylvania Municipalities Planning Code, any person, business, company, corporation, partnership or any other entity found to be in violation of any subsection of this section of this chapter shall be required to reimburse the Township or any other testing entity all costs of conducting any tests necessary to determine a violation of this section of this chapter.
(3)
Noise.
(a)
The maximum sound pressure level radiated by any use or facility (other than transportation equipment) at any lot line shall not exceed the values in the designated octave bands given in Table 1, after applying the corrections shown in Table II below. The sound pressure level shall be measured with a sound level meter and associated octave bank analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds Z24. 3-1954, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Bank Filter Set for the Analysis of Noise and Other Sounds Z24, 10-1953, American Standards Association, Inc., New York, New York shall be used.) Maximum permissible sound-pressure levels at the lot line for noise radiated continuously from a facility between the hours of 9:00 p.m. 7:00 and a.m. are as follows:
Table I | ||
|---|---|---|
Frequency Band (Cycles per Second) | Sound Pressure Level (Decibels re 0.0002 dyne/cm) | |
29 to 75 | 69 | |
75 to 150 | 60 | |
150 to 300 | 56 | |
300 to 600 | 51 | |
600 to 1,200 | 42 | |
1,200 to 2,400 | 40 | |
2,400 to 4,800 | 38 | |
4,800 to 10,000 | 35 | |
(b)
If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the decibel levels given in Table I.
Table II | ||||
|---|---|---|---|---|
Type or location of operation or character of noise | Correction in Decibels | |||
1. | Daytime operation only | +5 | ||
2. | Noise source operates less than | |||
a. | 20% of any one-hour period | +5* | ||
b. | 5% of any one-hour period | +10* | ||
c. | 1% of any one-hour period | +15* | ||
3. | Noise of impulsive character (hammering, etc.) | -5 | ||
4. | Noise of periodic character (hum, screech, etc.) | -5 | ||
NOTES: | |
|---|---|
*Apply one of these corrections only. |
(c)
In addition to the standards set forth above, any user, possessor, owner, or occupier of land shall be subject to and shall comply with any and all ordinances of the Township relating to noise.
(d)
To the extent that any user, possessor, owner, or occupier of land violates or is alleged to violate the terms of any such ordinances of the Township, and said violation or alleged violation results from or is related to the use of said land, then such violation or alleged violation may be brought or prosecuted pursuant to, in the discretion of the Township or its designated officer or representative, the provisions of this chapter or any ordinance of the Township relating to noise, either separately or together in the alternative.
(4)
Smoke. No emission shall be permitted at any point, from any chimney or otherwise, or visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., copyright 1954 (being a direct facsimile reduction of the standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 2 on said chart may be emitted for four minutes in any 30 minutes. These provisions applicable to visible grey smoke shall also apply to visible smoke of a different color but with an apparently equivalent opacity.
(5)
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume or odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, "Odor Thresholds," in Chapter 5, "Air Pollution Abatement Manuals," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C., and said manual and/or table as subsequently amended.
(6)
Fly, ash, dust, fumes, vapors, gases, other forms of air pollution. No emission shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property or which can cause any excessive soiling, at any point on the property of others, and in no event any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.
(7)
Electromagnetic radiation.
(a)
It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, for any other use directly or indirectly associated with these purposes which does not comply with the then current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government owned plants, the regulations of the interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation.
(b)
Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply:
(8)
Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes shall be in conformance with the regulations of the Atomic Energy Commission as set forth in Title 10, Chapter One, Part 20, Standards for Protection Against Radiation, as amended; and all applicable regulations of the State of Pennsylvania.
(9)
Heat. For the purpose of this chapter, "heat" is defined as thermal energy of a radioactive, conductive, or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 10°; whether such change be in the air or in the ground, in a natural stream or lake, or in any structure on such adjacent property.
(10)
Glare.
(a)
Direct glare. "Direct glare" is defined for the purpose 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 process as welding or petroleum or metallurgical refining. No such direct glare shall be permitted with the exception 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 15 feet above ground level, unless such luminaries are located within lots of off-street parking as that term is contemplated in § 255-58, and in which case such luminaries shall not be placed more than 35 feet aboveground level. The maximum illumination at ground level shall not be in excess of three foot-candles.
[Amended 12-9-2014 by Ord. No. 2014-6]
(b)
Indirect glare.
[1]
"Indirect glare" is defined for the purpose of this chapter as illumination beyond property lines caused by diffused reflection from a surface such as a wall or roof of a structure. Indirect glare includes reflected rays from any type of solar energy system. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface not to exceed:
[Amended 11-9-2021 by Ord. No. 2021-5]
[2]
Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
(c)
"Barn lights," aka "dusk-to-dawn lights," where visible from another property, shall not be permitted unless fully shielded as viewed from that property.
[Added 11-9-2021 by Ord. No. 2021-5]
(d)
If a Township resident makes a complaint concerning glare and the Township notifies the owner of the fixture producing the glare, the owner must take all reasonable steps to eliminate and/or minimize glare, including but lot limited to applying light shields to the fixture, directing the light downward, decreasing the fixture's lumens and removing or relocating the fixture.
[Added 11-9-2021 by Ord. No. 2021-5]
(e)
If the actions of the owner of the fixture producing the glare do not eliminate and/or minimize the glare to a sufficient level, the Township may require reasonable corrective actions to eliminate and/or minimize glare to adjacent residences or streets which causes a risk to public health or safety.
[Added 11-9-2021 by Ord. No. 2021-5]
(f)
Any lighting fixture or lighting installation existing on the effective date of this section that does not conform with the requirements of this section shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this section when:
[Added 11-9-2021 by Ord. No. 2021-5]
[1]
Minor corrective action, such as reaiming or shielding, can achieve conformity with the applicable requirements of this section.
[2]
It is deemed by the Township to create a safety hazard or nuisance.
[3]
It is replaced by another fixture or fixtures or abandoned or relocated.
[4]
There is a change in use.
(11)
Liquid or solid wastes. No discharge shall be permitted at any point into any sewage disposal system, or watercourse, or lake, or into the ground, except in accord with standards approved by the Department of Environmental Protection or other regulating department or agency of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
§ 255-41 Child day-care facilities.
[Added 11-13-2007 by Ord. No. 2007-5; 12-9-2014 by Ord. No. 2014-6]
A.
All child day-care facilities shall comply with all current Pennsylvania Department of Public Welfare (DPW) regulations applicable thereto, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes. A copy of the DPW license and any other license or certification must be provided to the Township upon issuance of a use or occupancy certificate by the Township, and such licenses must, at all times, be kept current. A use or occupancy permit may be issued conditioned on receipt of a DPW license if such permit is required for issuance of the DPW license. Any subsequent changes and/or recertifications shall also be provided to the Township.
B.
Child day-care facilities. Any child day-care facility must meet the applicable standards and requirements, for both the Township Code and DPW regulations, for either a child-care center, a group child-care home, or a family child-care home.
C.
General requirements for child day-care facilities.
(1)
No portion of a child day-care facility shall be located within 300 feet of any potentially hazardous land use or activity which could pose a threat to the safety of the occupants of the facility.
(2)
Outdoor activity areas shall be sufficiently fenced, screened and buffered to protect both children or adults served and the neighborhood at large from excessive noise and disturbance. Hours of outside play shall be limited to 8:00 a.m. until sunset, as defined by the National Weather Service.
(3)
All child day-care facilities shall provide an outdoor play area in compliance with DPW regulations, which shall not be located within the front yard.
(4)
When applying for a special exception, land development approval, or a use or occupancy permit where a special exception or land development approval is not necessary, the applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), merchandise delivery areas, parking spaces and dropoff/pickup areas.
D.
Additional requirement for group child-care homes. At least one off-street parking space shall be provided for each person employed.
E.
Additional requirements for child-care centers.
(1)
Public water and sewer service shall be provided to the center.
(2)
At least one off-street parking space for each person employed, plus one off-street parking space for each four children to be served by the center, shall be provided. An adequate off-street dropoff/pickup area shall also be provided.
§ 255-42 Livable floor area.
The minimum livable floor area of a dwelling unit or any building or structure hereafter erected or used for living purposes, including but not limited to manufactured housing or mobile homes, shall be 900 square feet. In case of apartment houses and conversions apartments, the minimum livable area shall be not less than 400 square feet per apartment, except those apartments designed for and occupied exclusively by one person, which apartment shall contain not less than 300 square feet of livable floor area.
§ 255-43 Fences and walls.
[Amended 11-10-2009 by Ord. No. 2009-3; 12-9-2014 by Ord. No. 2014-6; 2-9-2021 by Ord. No. 2021-1; 5-13-2025 by Ord. No. 2025-5]
A.
Fences and walls (excluding retaining walls) may be erected, altered, and maintained within the second front, side and/or rear yards, provided that any such fence or wall shall not exceed six feet in height, except for public utility facilities (see § 255-46) and junkyards, which shall be controlled by Chapter 122, Junk Dealers and Junkyards, of the Code of the Township of East Manchester. Fences required for stormwater management facilities by the Township Stormwater Management Ordinance[1] may be located in any yard.
B.
No wall, fence or other structure shall be erected or altered or permitted which may cause danger to traffic or a street or public road by obscuring the view.
C.
No fence, wall or other structure shall be erected or maintained within the right-of-way of any street or sewer right-of-way, or any other public easement, except as set forth in Subsection D, herein, regarding waivers for noninterference of easements related to stormwater management.
D.
No fence or wall shall interfere with soil erosion and sedimentation control measures or stormwater drainage swales or facilities unless the Zoning Officer or Board of Supervisors has granted a waiver of Code § 199-30, pursuant to the procedure set forth in Code § 199-33. Upon the receiving of a waiver of § 199-30, the proposed fence or wall shall be deemed to not interfere with soil erosion or sedimentation control measures or stormwater drainage swales or facilities.
E.
Notwithstanding Subsection A, within the C and I Districts, a fence not exceeding 10 feet in height may be erected within the front, side and/or rear yard. However fences erected in front yards must be see-through except where a buffer or screening is required by this chapter.
F.
An ornamental fence may be erected in a front yard, provided the fence (i) is not an opaque slat-fence, chain-link fence or other purely utilitarian design; (ii) does not enclose more than 25% of the front yard; (iii) does not extend more than half the width and half the depth of the front yard; and (iv) complies with Subsections B, C and D of this § 255-43. A fence erected in a front yard shall not exceed four feet in height.
G.
Notwithstanding Subsection A, a fence not exceeding six feet in height may be erected for agricultural operations within the front, side and/or rear yard. The fence must be see-through except where a buffer or screening is required by this chapter.
H.
Notwithstanding Subsection A, a fence designed to exclude deer may be erected in the rear yard for the protection of a home garden in compliance with this subsection. The fence shall be no higher than 15 feet high and constructed of an open mesh, heavy weight, plastic or similar material that allows a clear view through the fence. Mesh size may range from 1.5 x 1.5 inches to 2 x 2.75 inches. A deer fence may be constructed with wood. metal, or fiberglass posts. Deer fences shall be made of the above material only.
I.
No fence shall be installed on a property line or with a gate that encroaches on a property line unless both property owners are applicants on the fence permit. Following the erection of the fence the property owners shall be jointly and severally responsible for maintenance and repair unless otherwise provided in an agreement recorded against both properties.
§ 255-44 Landscaping and structures in rights-of-way.
[Amended 11-10-2009 by Ord. No. 2009-3]
No shrubs, trees or structures shall be planted or maintained within the right-of-way of any street, drainage or sewer right-of-way, clear sight triangle or any other public easement. Notwithstanding the foregoing, mailboxes and newspaper boxes shall be permitted to be installed and maintained in the public right-of-way, so long as the mailbox or newspaper box does not interfere with a clear sight triangle or result in a public hazard or nuisance as determined by the Zoning Officer. Any mailbox or newspaper box to be affixed to the ground by any means other than a wooden, plastic or metal post shall require the approval of the Zoning Officer prior to installation, and the execution by the landowner of an agreement to indemnify and defend the Township from any third-party claims or damages arising from the structure being placed in the public right-of-way. The placement of mailboxes shall be governed by the United States Postal Service regulations.
§ 255-45 Satellite antennas.
Satellite antennas are permitted accessory uses in all districts subject to the following:
A.
The diameter of the antenna shall not exceed 12 feet in the A, R-1, R-2, and R-3 Districts. When separately supported, the total height of the antenna shall not exceed 14 feet.
B.
Antennas installed in the AO, C, and I Districts shall not exceed 16 feet in diameter. Where separately supported, the total height of the antenna shall not exceed 20 feet.
C.
No antennas shall project nearer to the street on which the principal building fronts than the principal building. The antennas may be located in the side or rear yard, but no portion of the antennas shall extend into the side yard setback, or closer than five feet from the rear property line.
D.
Roof-mounted antennas or building-attached antennas extending above the roof peak of the building shall be permitted, provided that the total height of the antenna does not exceed 12 feet above the roof peak.
E.
No more than one antenna shall be permitted on any lot or building.
F.
A building permit must be obtained prior to the erection of any antenna.
G.
Satellite antennas which are not larger than 36 inches in diameter shall be exempted from these regulations.
H.
No antenna may be erected in any district or any location within a district which is prohibited by regulations of the Federal Communications Commission or other regulatory agency having jurisdiction.
I.
This chapter shall in no event be construed to permit as a permissible accessory use a antenna for satellite communication used or intended to be used for the propagation or transmission of radio or electromagnetic waves, it being the intent hereof that such antennas are prohibited.
§ 255-46 Public utility facilities.
[Amended 12-9-2014 by Ord. No. 2014-6; 5-13-2025 by Ord. No. 2025-5]
Public utility facilities shall be permitted in any district without regard to the use and area regulations; provided, however, that buildings or structures erected for these services shall be subject to the following regulations:
A.
Front yards shall be provided in accordance with the regulations of the district in which the facility is located. Where feasible, side and rear yards shall also be provided. At a minimum, a distance of five feet must be maintained from any street line or property line.
B.
Height shall be as required by the district regulations.
C.
Unhoused equipment shall be enclosed with a chain link fence at least six feet in height, up to the maximum permitted by § 255-43.
D.
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required, and the yard shall be maintained in conformity with the district in which the facility is located.
E.
Screen planting in residential districts. The required fence for unhoused equipment shall be surrounded by an evergreen planting.
F.
The exterior design(s) of any building(s) shall be in conformity with the existing or planned buildings in the zoning district.
G.
In residential districts, the permitted public utility facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility, and no equipment causing excessive noise, vibration, smoke, odor or hazardous effect shall be installed.
H.
Land development plans of the facility shall be submitted to the Township for review and approval, as provided in this chapter and Chapter 208, Subdivision and Land Development.
I.
Improved access shall be provided to the site in accordance with the specific requirements of the Board of Supervisors. Access shall be by way of a portion of the lot which it serves, minimum 20 feet wide, or by an easement or right-of-way.
§ 255-47 Swimming pools.
A.
Residential pools shall be permitted as:
(1)
An accessory use to single-family dwellings, duplex, row or attached, or townhouse dwellings, limited to one per lot.
(2)
Said residential pool shall be located within the rear of the dwelling, and shall meet the side yard setback for the appropriate district. The setback from the rear property line shall be a minimum of 10 feet for all districts. The setback shall include the deck, pad, or apron around the pool.
B.
Commercial pools shall be permitted by special exception in designated districts subject to the conditions of this § 255-47.
C.
Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed so as not to have any openings, holes, or gaps larger than four inches in any dimension, and if a picket fence is erected or maintained, the horizontal or vertical dimension between pickets shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing, self-latching and lockable device for keeping the gate or door securely closed at all times when not in actual use, or if a commercial swimming pool, as defined herein, shall be monitored or limited to restrict and limit access to members or authorized persons only. The door of any dwelling which forms a part of the enclosure must be equipped with an audible alarm and a door which is self-closing, self-latching and lockable.
(1)
The walls of an aboveground pool may be considered as fences or walls for purposes of this section, provided they, either alone or as supplemented, are four feet in height, and the pool has a removable, or lockable, folding ladder, which must either be removed or locked at all times when not in use. The four-foot height requirement of this section shall be measured from the finished grade, and the grade shall not increase for an additional four feet beyond the perimeter of the fence in any direction.
[Amended 12-9-2014 by Ord. No. 2014-6]
(2)
All swimming pools and attached structures shall meet the requirements of the International Building Code and/or International Residential Code, as applicable.
D.
Pools and spas must be kept in working order and maintained or be drained and kept dry.
[Added 12-9-2014 by Ord. No. 2014-6]
§ 255-48 Exceptions to yard requirements.
No proposed single-family or duplex dwellings shall be required to have a setback greater than the average of the two existing dwellings with the greatest setbacks located within 200 feet on each side of the proposed dwelling, on the same side of the street, within the same block and within the same district. The burden of proving compliance with this section shall be on the person seeking exemption hereunder.
§ 255-49 Exceptions to height requirements.
Towers, spires, chimneys, smokestacks, elevator penthouses, solar heat panels, and similar structures shall be exempt from the height regulations of the prevailing district, provided that they do not occupy more than 20% of the roof area of the principal structure.
§ 255-50 Buffer strips and areas.
[Amended 12-9-2014 by Ord. No. 2014-6; 9-13-2016 by Ord. No. 2016-3]
A.
Buffer strips. A suitably screened or landscaped buffer strip at least 15 feet wide, which shall be set back at least 15 feet from the property line, shall be provided by the owner or developer of any proposed industrial use, commercial use or other nonresidential use along all property lines and street boundary lines separating the use from an existing residential use or any adjacent residential districts, or, in the case of a proposed industrial use, commercial use or other nonresidential use which is located in a residential district, separating the use from neighboring residential uses. Screen plantings shall be a height of four feet when planted and a minimum height of eight feet in three years, and shall be planted in a pattern and proximity which shall block visibility from residential structures on neighboring properties, glare, noise, fumes, dust, and other harmful effects within five years.
B.
Buffer areas. In the (C) Commercial and (I) Industrial Districts, a commercial or industrial use which is adjacent to a residential use located in the (C) Commercial or (I) Industrial District shall be screened from residential use by an opaque fence or other opaque screening, but which need not meet the requirements of a buffer strip. Such opaque screening shall be at least six feet in height, and shall extend along the entire boundary which the commercial or industrial use shares with the residential use. Such screen may be within three feet of the property line. If any owner chooses to plant evergreen shrubs or trees as a buffer, the size and growth pattern shall be as established in Subsection A above, and such evergreen trees or shrubs shall be at least 10 feet from the property line, but can be arranged in a straight line, so long as they will provide an opaque screen within the times as established in Subsection A above. Parking for the commercial or industrial use may be permitted adjacent to such screening.
C.
Setbacks. The setbacks required in this section for buffer strips and buffer areas shall be instead of and not in addition to setbacks which would otherwise be required by this chapter.
D.
General requirements.
(1)
A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets, and no screen plantings shall be permitted within 10 feet of the right-of-way line adjacent to access drives. Screen plantings shall be properly trimmed and maintained by the owner to avoid any blocking of visibility for traffic clear sights.
(2)
Plants shall not be placed where they might interfere with the construction, use or maintenance of any public or private sewage disposal system, water supply or other utility/facility, including sidewalks.
(3)
All mechanical equipment not enclosed in a structure shall be fully and completely screened in a matter compatible with the architectural and landscaping style of the remainder of the lot.
(4)
All screen plantings shall be maintained permanently and any plant material which does not live shall be replaced within six months of dying or, if already dead and not replaced, within four months of notice to replace such screen planting by the Township. Any opaque fences or screens that are damaged or no longer block visibility, as required by this section, shall be repaired or replaced within four months of notice from the Township.
E.
Plans. All plan submittals for subdivision and/or land development for commercial or industrial uses which require either a buffer strip as established in Subsection A above or a screen as established in Subsection B above shall adequately show how the owner or developer is satisfying the requirements set forth in Subsections A and B above, including, without limitation, cross sections establishing that visibility and line of sight for neighboring residential uses will be blocked as required above.
§ 255-51 No-impact home-based business.
A.
A no-impact home-based business shall be permitted in any structure in any zoning district which permits residential uses.
B.
The business or commercial activity must satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use.
(7)
The business activity shall be conducted only within the dwelling unit and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
§ 255-52 Adult entertainment facilities.
The use and occupancy of any land, building or structure as an adult entertainment facility shall be permitted only by special exception and subject to the following specific requirements in addition to those general requirements for special exception found in § 255-86C of this chapter.
A.
Adult entertainment facilities shall be permitted only in the (I) Industrial District.
B.
Adult entertainment facilities shall not be permitted to be located within 500 feet of any public or private school, public park or playground, or any church or other house of worship.
C.
No materials, merchandise, film, videotape, or any other item offered for sale, rent, lease, loan, or view upon the premises, or advertising same, shall be exhibited or displayed outside of the building or structure.
D.
Any building or structure used or occupied as an adult entertainment facility shall be windowless or have an opaque covering over all windows or doors, or any area in which materials, merchandise, film, or persons could otherwise be visible from outside the building or structure.
E.
No sign shall be erected or placed upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, videotape, or entertainment offered therein.
F.
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein, and warning all other persons that the building contains sexually explicit material.
§ 255-53 Animals other than domestic pets.
[Amended 12-9-2014 by Ord. No. 2014-6]
A.
No animal other than a domestic pet shall be kept on a property in any district except as provided in this section.
B.
Livestock may be kept as an accessory use to single-family dwellings in the following zoning districts: Low Density Residential (R-1), Medium Density Residential (R-2), Conservation-Open (CO), or Agricultural (A). Livestock kept as an accessory use shall be subject to the following requirements:
Minimum Lot Area (Acres) | Animal Density per Acre | ||
|---|---|---|---|
Group 1 (Gross adult weight less than 10 pounds) | 1 | 12 | |
Group 2 (Gross adult weight over 10 pounds and less than 65 pounds) | 3 | 6 | |
Group 3 (Gross adult weight over 65 pounds) | 3 | 1 |
(1)
The minimum setback for any accessory structure in which livestock is kept shall be 50 feet from the property line. This includes without limitation structures to house the livestock and waste storage structures/areas.
(2)
All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape or wandering of any livestock.
(3)
Livestock and related activities shall only be located in side and rear yards. This includes without limitation the location of any structure to house the livestock, waste storage structures/areas, pastures, and grazing areas.
(4)
Any accessory structure under this section used as shelter or housing for any livestock shall be limited in size as follows:
(a)
An accessory structure used to shelter or house any type of bird, chicken or similar fowl shall have an area no greater than 150 square feet.
(5)
All livestock waste shall be properly stored and disposed of, so as not to be objectionable at the sites' property line. All livestock and related mechanisms, including without limitation structures to house the livestock, waste storage structures/areas, pastures, and grazing area(s) shall be maintained in neat and clean order, as near as possible, to prevent any nuisance to adjoining properties.
(6)
Any and all slaughtering activities shall be done in an enclosed structure so the same cannot be seen by adjoining properties.
(7)
For purposes of this chapter, no roosters shall be permitted as a pet or an accessory use in any zone.
C.
In High Density Residential (R-3), Apartment Office (AO), and Village (V) zoning districts, livestock may be kept as an accessory use only upon obtaining a special exception, provided that the property shall be a single lot, consisting of at least three acres, and meets all of the general and special criteria for the group animal as provided above in § 255-53B.
D.
Beekeeping as an accessory use in the Low Density Residential (R-1), Medium Density Residential (R-2), Conservation-Open (CO), or Agricultural (A) zoning districts shall be subject to the following requirements:
(1)
Minimum lot area of 25,000 square feet, with a maximum two bee hives per lot.
(2)
The minimum setback for any beehive shall be 25 feet from the property line.
(3)
Beehives shall only be located in side and rear yards.
(4)
Only beehives with movable frames, which permit inspection for disease, parasites or pathologies, shall be used.
(5)
No beehive shall be located within 50 feet of a property line at which an existing kennel, animal hospital, or veterinarian's office with outdoor facilities is located.
E.
In High Density Residential (R-3), Apartment Office (AO), and Village (V) zoning districts, beekeeping may be permitted as an accessory use only upon obtaining a special exception, provided that the property shall be a single lot, consisting of at least 25,000 square feet, and meets all of the general and special criteria for beekeeping as provided above in § 255-53D.
F.
This section shall not apply to livestock on a lot in which the principal use is an agricultural operation.
§ 255-54 Wireless communications facilities.
[Amended 4-9-2024 by Ord. No. 2024-2]
The regulation of wireless communications facilities in the Township shall be governed by Chapter 244 of the Code of Ordinances.
§ 255-55 Mini-storage facility.
A.
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 24 feet wide when cubicles open onto one side of the lane only and at least 30 feet wide when cubicles open onto both sides of the lane. Additionally, there shall be one off-street parking space for each 250 square feet, or any part thereof, of office space and two additional spaces if resident manager quarters are provided.
B.
Required parking spaces may not be rented as or used for vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned or used land and adjoining roads and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles.
C.
Except for Subsection B above, all storage shall be kept within an enclosed building, except the storage of flammable, highly combustible, explosive or hazardous chemicals, including but not limited to gasoline, diesel fuel, paint, paint remover, and other flammable materials ammunitions, shall be prohibited. Any fuel tanks and/or machinery or other apparatus relying upon such fuel shall be stored only in an external area as described above.
D.
The repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture or the use of the unit as a workshop is prohibited.
E.
Mini-storage units shall be used solely for the dead storage of property. The following are examples of uses which are expressly prohibited upon the site:
(1)
Auctions, commercial, wholesale, or retail sales, including garage sales. This subsection shall not prohibit the owner or operator of the mini-storage facility from conducting or having conducted auctions for the sole purpose of selling property abandoned by lessees or recovered by the owner or operator from a lessee through legal process, or as the result of the death of a lessee.
(2)
The servicing, repair, or fabrication of any item.
(3)
The operating of power tools or spray painting equipment.
(4)
The establishment of a transfer business.
(5)
Any use that is, in the judgment of the Township Zoning Officer or the owner of the mini-storage facility, noxious because of odors, dust, fumes, or vibrations.
[Amended 11-10-2009 by Ord. No. 2009-3]
F.
The owner or operator of the mini-storage facility shall require contracts from all unit users or lessees setting forth all of the above regulations and prohibitions.
G.
The minimum tract area shall be two acres, notwithstanding any lesser requirements for the district in which the mini-storage facility is located.
H.
All lighting shall be shielded to direct light onto the use established and away from adjacent property and street rights-of-way.
J.
The renting of vehicles on the premises shall be prohibited.
K.
No habitation will be permitted except for a resident manager. If resident manager quarters are provided, the owner shall submit to the Township plans for those quarters, and a separate use and occupancy permit shall be required for those quarters.
§ 255-56 Group homes.
A.
Any newly constructed or dimensionally expanded building designed, constructed, or expanded to be used as a group home must have the external appearance of the least restrictive residential dwelling permitted in that district, excluding condominiums.
B.
To ensure compliance with this section, any application for a building permit for a group home shall be accompanied by blueprints or a drawing showing the external appearance of the proposed structure.
§ 255-57 Temporary uses.
[Added 11-13-2007 by Ord. No. 2007-5]
Temporary uses are permitted upon the issuance of a temporary land use permit and a temporary certificate of occupancy or use by the Zoning Officer subject to the following criteria:
A.
Temporary uses shall be permitted in nonresidential districts and to support construction activities in residential districts.
B.
Temporary uses shall be consistent with the range of principal and accessory uses permitted in the respective zoning district.
C.
Proof of the provision for adequate sanitary facilities acceptable to the Township Sewage Enforcement Officer (SEO), parking and traffic control, security, trash, removal, stormwater controls, etc., related to the temporary use shall be provided at the time of application for a temporary land use permit.
D.
Proof of compliance with uniform construction codes and all other codes and ordinances of the Township.
E.
Temporary uses shall be permitted for a period not to exceed one year, renewable up to two times for additional one-year periods. Additional extensions may only be granted by special exception from the Zoning Hearing Board.
§ 255-57.1 Short-term rentals.
[Added 12-10-2019 by Ord. No. 2019-3]
Short-term rentals shall be permitted by special exception in designated districts subject to the restrictions and requirements as set forth in Chapter 165, Rentals, Short-Term. The special exception shall be granted upon applicant's proof of compliance with the restrictions and requirements of Chapter 165.
§ 255-57.2 Principal solar energy systems (PSES).
[Added 11-9-2021 by Ord. No. 2021-5]
A.
Regulations applicable to all principal solar energy systems.
(1)
PSES must adhere to performance standards of this section.
(2)
PSES constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to an existing PSES, whether or not existing prior to the effective date of this section, that materially alters the PSES shall require approval under this section. Routine maintenance or like-kind replacements do not require a permit.
(3)
No person shall install or construct a PSES without first obtaining approval pursuant to the plan review procedures of Chapter 208, Subdivision and Land Development.
(4)
The PSES layout, design and installation shall conform to good industry practice. "Good industry practice" shall mean the practices, methods, standards, and acts (engaged in or approved by a significant portion of the solar power industry for similar facilities in similar geographic areas that are similar in size and complexity), as the same may change from time to time, that, at a particular time, in the exercise of reasonable professional judgment in light of the facts known at the time a decision was made, would have been expected to accomplish the desired result in a manner consistent with applicable law, regulation, codes, good business practices, reliability, safety, environmental protection, economy, expedition, and shall comply with the PA Uniform Construction Code and with all other applicable fire and life safety requirements.
(5)
Upon completion of installation, the PSES shall be maintained in good working order in accordance with standards of the Township codes under which the PSES was constructed. Failure of the property owner to maintain the PSES in good working order is grounds for appropriate enforcement action by the Township in accordance with applicable ordinances. The Township may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(6)
PSES installers must certify they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP-approved installer by meeting or exceeding one of the following requirements:
(a)
Is certified by the North American Board of Certified Energy Practitioners (NABCEP).
(b)
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited PV training program or a PV manufacturer's training program and successfully installed a minimum of three PV systems.
(c)
PSES installers of projects rated at five MW or greater must demonstrate that they have installed at least two utility-scale solar projects in the last three years.
(7)
All on-site AC transmission and plumbing lines shall be placed underground to the greatest extent feasible. DC transmission and plumbing lines may be attached flush to the solar array racking systems.
(8)
Any off-site transmission lines must be placed within a legal right-of-way, and proof of the right-of-way shall be provided to the Township prior to land development plan approval. Privately owned off-site transmission lines proposed to be in a public street right-of-way shall require Township approval and a right-of-way agreement with provisions indemnifying the Township from all liability related to the transmission lines.
(9)
The owner of a PSES shall provide the Township written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid-connected system and approval of such connection. Off-grid systems shall be exempt from this requirement.
(10)
The display of advertising is prohibited except for reasonable identification of the manufacturer of the system.
(11)
All PSES shall comply with the glare provisions located at § 255-40B(10) of this chapter.
(a)
Solar panels shall be located to minimize glare on adjacent properties or streets. The Township may require reasonable corrective actions after installation of the solar energy farm to eliminate glare to adjacent residences or streets which causes a risk to public health or safety.
(b)
The Township may require a glare study to be completed and submitted with the final land development plan and then again anytime after the installation of the PSES.
(12)
A baseline noise study will be performed and submitted to the Township during the land development phase, and another noise study will be performed and submitted to the Township within six months after commencement of operations. The Township also reserves the right to request an additional noise study at any time after the commencement of operations. The noise study will be performed by an independent noise study expert approved by the Township and paid for by the applicant. Noise from a PSES, as measured at the property lines, shall not exceed 45 dBA or otherwise creates excessive noise which constitutes a nuisance as determined by the Township. The applicant will install mitigation measures acceptable to the Township to mitigate any noise exceedance identified by the study.
(13)
No trees or other landscaping otherwise required by municipal ordinance or attached as a condition of approval of any prior plan, application, or permit may be removed for the installation or operation of a PSES without approval of the Board of Supervisors.
(14)
No more than 10% of the entire area for development shall consist of Class I and Class II prime agricultural soils as defined by the current version of the NRCS Custom Soils Resource Report.
(15)
The PSES owner and/or operator shall maintain a phone number and identify a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number and name to the Township and also post the same at the entrances to the PSES. The PSES owner and/or operator shall respond to the public's inquiries and complaints within 72 hours of receipt of a complaint.
(16)
An emergency response plan shall be included with the land development plan application, which shall be reviewed and approved by the local fire and emergency services departments.
(17)
Decommissioning requirements.
(a)
The PSES owner shall provide an annual report by January 31 of each year showing the energy generated of the PSES for the preceding calendar year.
(b)
If a PSES remains nonfunctional or inoperative for a continuous period of six continuous months, the facility shall be deemed to be abandoned and shall constitute a public nuisance, unless the facility owner demonstrates a good-faith intent to sell the facility. Within six months of abandonment, the facility owner shall remove the system, after a demolition permit has been obtained, in accordance with the following:
(c)
After a PSES has been determined to be abandoned or has been terminated by the property owner, the property owner must still secure the property pursuant to the applicable provisions of this section until the PSES is completely decommissioned or returned to another allowed use.
(d)
When the equipment comprising the PSES is removed, any disturbed earth as a result of the removal of the equipment shall be restored, graded and reseeded or immediately returned to another allowed use.
(e)
The facility owner shall submit an estimate for the total cost of decommissioning without regard to salvage value of the equipment (gross decommissioning cost), and also an estimate of the cost of decommissioning net of the salvage value of the equipment (net decommissioning cost), to the Township for review and approval prior to obtaining a building permit for the PSES, and the estimate shall then be updated and approved by the Township prior to occupancy of the PSES and every fifth year thereafter. The facility owner shall post and maintain financial security in the amount of 110% of the net decommissioning costs; provided that at no point shall the financial security be less than 50% of the gross decommissioning costs. The financial security shall be in the form of a bank-issued letter of credit or cash escrow or other form of financial security approved by the Board. Cash escrow funds shall be held in an interest-bearing escrow account for the benefit of the facility owner. This financial security must be updated to the present value every five years.
(f)
If the facility owner fails to complete decommissioning within the required time period, then the landowner shall within six months complete decommissioning. The Township may draw on the financial security to reimburse the landowner or directly pay the decommissioning contractor for decommissioning costs upon the request of the landowner and submission of proof of costs in a form satisfactory to the Township.
(g)
If neither the facility owner nor the landowner complete decommissioning within the required periods, then the Township may take such measures as necessary to complete decommissioning. To the extent the Township incurs costs to rightfully perform any act in furtherance of decommissioning, it may draw on the financial security to pay for all costs and expenses. If the decommissioning costs and expenses are greater than the financial security, then the Township may charge the landowner and/or facility owner for the excess costs and expenses, including reasonable attorneys' fees for collection, and such amounts shall be a special assessment against the property and shall constitute a municipal lien on the property for the amount of the assessment plus an additional penalty of 10% of the assessment.
(h)
Upon completion of decommissioning to the satisfaction of the Township, any remaining financial security shall be released to the facility owner.
(18)
Permit requirements.
(a)
PSES shall comply with the Township subdivision and land development requirements. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations. The PSES shall require a land use permit and building permit prior to any construction and an occupancy permit prior to any solar energy production.
(b)
The PSES owner and/or operator shall repair, maintain and replace the PSES and related solar equipment during the term of the permit in a manner consistent with industry standards as needed to keep the PSES in good repair and operating condition. Any changes to the configuration of the solar equipment, fencing or screening that involves greater than 10% of the PSES site shall require submission of a revised land development plan for review and approval by the Township.
B.
Ground-mounted principal solar energy systems.
(1)
Regulations applicable to all ground-mounted PSES:
(2)
The PSES shall meet the lot size requirements of the applicable zoning district. A PSES in the Agricultural District shall be designed to use primarily low-growing vegetative surfaces under the solar energy units as a best management practice for stormwater management and shall be configured to minimize disturbance of prime agricultural soils. The PSES shall also meet all requirements of Chapter 199 of the Code and any applicable Pennsylvania Department of Environmental Protection regulations for stormwater.
(3)
PSES shall comply with the building setbacks of the applicable zoning district. Fences and screening for a PSES may be within the applicable setback but must be at least 25 feet from any adjacent property line or street right-of-way line. Ground-mounted solar energy units and any accessory structures or buildings may not be within setbacks.
(4)
Ground-mounted PSES solar modules shall comply with the building height restrictions for principal buildings of the applicable zoning district.
(5)
The following components of a PSES shall be considered impervious coverage and shall be included as part of the impervious coverage limitations for the underlying zoning district:
(a)
Foundation systems for PSES, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
(b)
Any impervious foundations installed for accessory mechanical equipment of the PSES, including any foundation structure to hold batteries or storage cells.
(c)
Gravel or paved access roads and parking areas servicing the PSES.
(6)
The total surface area of the impervious coverage on the property shall not exceed more than 15% of the lot area.
(7)
No grass or noxious weeds shall be permitted at any time to exceed 12 inches in length or height from the surfaces under or surrounding the PSES. Any noxious weeds, as listed on Pennsylvania's Noxious Weed Control List (as amended), shall be immediately eradicated and removed.
(a)
A violation of this provision also constitutes a violation of Chapter 243 of the Code, and the Township has the power to enforce this provision as outlined in § 243-4 of the Code. Additionally, the Township may perform the eradication and removal services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
(8)
Screening. Where appropriate, ground-mounted PSES shall be reasonably screened from public roadways and any residential district or residential use. The screen may consist of fencing and/or planted materials which shall be installed between the PSES perimeter fence and the adjacent road right-of-way line prior to commencement of any operations. Planted screening materials shall consist of evergreen trees or shrubbery with a height within three years after planting of at least eight feet. The Board of Supervisors may require additional screening based on site-specific topographic conditions. Landscape details showing fencing and screening shall be submitted as part of land development plans.
(9)
Ground-mounted PSES shall not be placed within any legal easement or right-of-way location unless agreed to by the easement or right-of-way holder.
(10)
Security.
(a)
All ground-mounted PSES shall be completely enclosed by fencing that consists of a minimum six-foot-high fence with a locking gate. Gates shall be placed in locations allowing adequate space for vehicles to pull off any adjacent roadway to unlock the gate for access. All fences shall comply with the provisions set forth in § 103-11, Security gates, located in Chapter 103 of the Township's Ordinances.
(b)
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on the fence surrounding the PSES informing individuals of potential voltage hazards.
(11)
Signage shall comply with the prevailing sign regulations.
(12)
Access drives and internal service roads are required to allow for maintenance and emergency management vehicles. The minimum cartway width shall be no less than 25 feet for both access roads and internal service roads. The applicant shall provide one off-street parking space per 25 acres of developed PSES land up to a maximum of five spaces. All access drives and internal service roads must conform to the applicable standards set forth in the Township's Subdivision and Land Development Ordinance.[1]
(13)
If ground-mounted solar equipment is removed, any earth disturbance as a result of the removal of the ground-mounted solar equipment must be returned to an environmentally stable condition.
(14)
The continuation of any agricultural or residential use, to include but not be limited to grazing to control vegetation or other agricultural or ecological practices to make beneficial use of the land underneath the solar energy units or any land not dedicated to the PSES, will be permitted as customarily incidental to and compatible with the PSES use, and shall not be considered a second principal use.
C.
Roof- and wall-mounted principal solar energy systems.
(1)
The applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of the Township and that the roof or wall is capable of holding the load imposed on the structure.
(2)
PSES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for buildings within the applicable zoning district.
(3)
A roof-mounted or wall-mounted PSES may be located on a principal or accessory building.
(4)
Wall-mounted PSES shall comply with the building setbacks in the applicable zoning districts.
(5)
Solar panels shall not extend beyond any portion of the roof edge.