Eldred Township Lycoming County
City Zoning Code
City Zoning Code
ARTICLE IV
Supplementary Use Regulations
§ 250-400 Purpose and applicability.
The purpose of this article is to supplement the district regulations contained in Article III with additional requirements applicable to certain specific uses. Therefore, in addition to those standards outlined in Article III, the following regulations shall pertain to the identified uses, as well all applicable requirements of Chapter 200, Subdivision and Land Development, in effect in Eldred Township.
§ 250-401 Uses not provided for.
A.
Whenever, under this chapter, a use is neither specifically permitted or denied, and an application is made by an applicant to the Zoning Officer for such a use, the Zoning Officer shall refer the application to the Township Supervisors to hear and decide such request as a conditional use. The Township Supervisors shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications set forth in § 250-1206 of this chapter. In addition, the use may only be permitted if:
B.
The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety and welfare of the neighborhood where it is to be located.
§ 250-402 Dwelling units.
All dwelling units, including single-family, two-family, and multifamily units shall adhere to the following requirements:
A.
Every dwelling unit (including mobile homes and manufactured housing) shall conform to all applicable building, housing, electrical and plumbing codes in effect in the Township or as may hereafter be enacted. Where such standards are or become more restrictive than those provided herein or specifically preempt the regulations of this chapter, then the more restrictive or preemptive requirements shall apply.
B.
Every dwelling unit shall be placed upon and firmly anchored to a permanent foundation, except as may be provided otherwise in § 250-406 for mobile homes in mobile home parks. A permanent foundation shall consist of no less than footers or masonry construction set well below the frost line. The foundation shall be designed to support the maximum anticipated loads for the intended structure and/or use, and no unnecessary open space shall be left between the dwelling and the foundation, except for windows and other openings as might be necessary for floodproofing purposes. In no case shall any dwelling unit be placed or erected upon jacks, loose blocks, pillars or other temporary materials.
C.
Mobile homes.
(1)
Every mobile home shall be firmly anchored to its foundation prior to being occupied or used in order to resist overturning or uplift, lateral movement or flotation. The mobile home foundation shall be provided with anchors or tie-downs, such as cast-in-place "deadman" eyelets embedded in concrete, screw augers, or equivalent. The anchoring system shall be designed to meet at least minimum, industry-approved standards for wind resistance.
(2)
Furthermore, all mobile homes shall be installed in accordance with the instructions of the mobile home and/or anchor manufacturer. For all HUD-Code manufactured homes, the requirements of the National Manufactured Housing Construction and Safety Standards Act, as provided for in State Law 1982-192, the Manufactured Housing Construction and Safety Standards Authorization Act,[1] shall apply. In the absence of manufacturer's instructions or other federally mandated directions, however, the Township may require that mobile homes be installed in accordance with signed and sealed construction drawings prepared by a Pennsylvania-licensed professional engineer.
[1]
Editor's Note: See 35 P.S. § 1656.1 et seq.
D.
Every mobile home shall utilize industry or Township approved weather-resistant permanent skirting around its entire perimeter. In no case shall bales of hay, straw, interior plywood, or other similar materials be used in place of the required skirting. Such skirting shall be in place prior to the Township's issuance of a certificate of use and occupancy for the mobile home.
F.
In the absence of other more restrictive codes, every dwelling unit (whether attached or detached, including mobile homes and manufactured housing, and multifamily units) shall contain a minimum of 700 square feet of gross floor area.
§ 250-403 Conversion apartments.
The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate a greater number of dwelling units or households shall be permitted only in those zoning districts and as specified in District Regulations, Article III. All such conversions shall meet the requirements set forth in § 250-402 of this chapter as well as the standards outlined below.
A.
The lot upon which the conversion apartment is located shall meet the minimum lot area requirements for the district in which it is to be located.
B.
Conversions may only be authorized for buildings which were erected prior to enactment of this chapter. Conversions shall be limited to one building per lot.
C.
Conversions shall be limited to the number of dwelling units specified in the District Regulations, Article III.
D.
All conversions shall be subject to the gross floor area requirements set forth in § 250-402F of this chapter.
E.
Sewage facilities shall be provided which are capable of treating the volume of effluent anticipated from the conversion. Where connection to a public or community sewer cannot be made, certification from the Township Sewage Enforcement Officer verifying the acceptability and/or suitability of an existing subsurface system or a sewage permit for the installation of a new system shall be submitted as part of an application for such a use.
F.
No structural alterations designed to increase the gross floor area dimensions of the unit shall be made to the building, except as may be necessary for safety purposes or to improve handicapped accessibility. The building shall retain substantially the same structural appearance it had before the conversion.
G.
The yard, off-street parking, and other applicable requirements of this chapter shall also be met.
§ 250-404 Single-family attached dwelling structures.
Single-family attached dwelling structures (i.e., townhouse structures) shall be permitted only in those zoning district and as specified in the District Regulations, Article III. Every application for such a use shall meet the requirements outlined below as well as the standards set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township. (Applications proposing to locate more than one single-family attached dwelling structure on a single tract of ground shall also meet the requirements of § 250-404E below.)
A.
Minimum area and density requirements.
(1)
The minimum gross lot area required for each single-family attached dwelling structure shall be as specified in the District Regulations, Article III. Single-family attached dwelling structures shall contain no more than six dwelling units per structure, with an overall density not to exceed four dwelling units per acre.
(2)
Where individual dwelling units of a single-family attached dwelling structure and portions of land on which the structure is located are proposed to be subdivided and conveyed as separate lots, a minimum of 7,500 square feet shall be conveyed with each dwelling unit. In such cases, the applicant shall submit sufficient documentation along with his subdivision plans which demonstrates that satisfactory arrangements have been made regarding the ownership and maintenance of all common ground or open space not proposed for conveyance. [See also Subsection D(7) below.]
(3)
Where individual dwelling units of a single-family attached dwelling structure and all of the land on which the structure is located are proposed to be subdivided and conveyed as separate lots, a minimum of 9,240 square feet shall be conveyed with each dwelling unit. [See also Subsection D(7) below.]
(4)
Where title to individual dwelling units of a single-family attached dwelling structure is to be conveyed independently of any land area, the applicant shall demonstrate that all other requirements of the Uniform Condominium Act[1] will be met. [See also Subsection D(7) below.]
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(5)
Where individual dwelling units of a single-family attached dwelling structure are proposed to be subdivided, whether or not such subdivision includes any land area, all dwelling units contained in the structure shall be part of the proposed division.
B.
Minimum width requirements. The minimum width required for a tract containing a single-family attached dwelling structure shall vary depending upon the number of units proposed in each structure. In no case, however, shall the width of the tract be less than the minimum lot width required for a single-family detached dwelling in the district where such structure is located. Each dwelling unit of a single-family attached dwelling structure shall maintain the minimum lot width specified in the District Regulations, Article III.
C.
Minimum yard requirements. The minimum yard requirements for single-family attached dwelling structures shall be as specified in the District Regulations, Article III.
D.
Design standards.
(1)
Traffic access. No single-family attached dwelling unit may access directly onto a public street. All such units shall access public roadways via an approved private street, driveway or common parking area. All new streets, access drives, and parking areas shall be designed and constructed in accordance with the standards outlined in Chapter 200, Subdivision and Land Development, in effect in Eldred Township.
(2)
Off-street parking requirements shall be in accordance with the Off-Street Parking Schedule in § 250-800J of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Grading and landscaping. Where excavation or grading is proposed, or where existing trees, shrubs or other vegetative cover is removed, plans shall be prepared by the developer and submitted to the Township which illustrate that all erosion and sedimentation control requirements set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township will be met. And, where adjacent to single-family detached dwellings or incompatible land uses, screening and/or bufferyards as provided in §§ 250-505 and 250-506 of this chapter shall be provided by the developer.
(4)
Drainage facilities. All drainage and/or stormwater management standards set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township shall be met.
(5)
Solid waste collection, storage and disposal. Arrangements for the collection, storage and disposal of solid wastes generated by the proposed development shall be made by the developer and provided to the Township for approval as a part of the plan submission process.
(6)
Sewage and water facilities. Sewage and water facilities for single-family attached dwelling structures shall be provided by the developer in accordance with the standards of the Pennsylvania Department of Environmental Protection and as follows.
(a)
Sewage facilities. A public or community sewerage system or a private package sewage treatment facility shall be utilized to provide sewage service for such developments.
(b)
Water supply. Where a public water supply system of satisfactory quantity, quality and pressure is reasonably accessible to the proposed development, connection shall be made to this system and its supply shall be used exclusively. Where a public water supply system is not available, the developer shall develop a private water supply system to provide service for the development.
(7)
Common open space ownership and maintenance. The developer shall submit a plan to the Township indicating the arrangements to be made for ultimate ownership of and maintenance responsibilities for any common open space/land area associated with the single-family attached dwelling structure (including access drives and driveways). Such plans shall be provided to the Township for approval as a part of the plan submission process. A copy of the approved arrangements shall be included in every lease or deed, as applicable.
E.
Building relationships. Where more than one single-family attached dwelling structure is proposed to be located on a single tract of ground, the following standards shall apply to the relationship between buildings, in addition to the provisions set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township.
(1)
Arrangement of buildings. Adequate provision must be made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.
(2)
Maximum length of rows. The maximum length of any group of attached dwelling units shall not exceed 150 feet. Building groups must be arranged in order to be accessible by emergency vehicles.
(4)
Distance between buildings and driveways.
(a)
No driveway or parking lot shall be closer than 15 feet to the front of any building, nor 10 feet to the side or rear of any building, except that space may be provided for loading and unloading which is situated closer to the building it is intended to serve than is herein provided.
(b)
In the case of an enclosed garage or carport provided as a portion of the main structure, distance requirements for driveways providing access to these accommodations shall not apply.
§ 250-405 Multifamily dwelling structures.
Multifamily dwelling structures (i.e., apartment buildings, but excluding single-family attached dwellings) shall be permitted only in those zoning districts and as specified in the District Regulations, Article III. Every such application shall also meet the requirements outlined below as well as the standards set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township. (Applications proposing to locate more than one multifamily dwelling structure on a single tract of ground shall also meet the requirements of § 250-404E above.)
A.
Minimum area and density requirements. The minimum area required for each tract containing a multifamily dwelling structure shall be as specified in the District Regulations, Article III. No multifamily dwelling structure shall contain more than six dwelling units, nor shall the overall density of such units exceed four dwelling units per acre.
B.
Minimum width requirements. The minimum width required for each tract containing a multifamily dwelling structure shall be as specified in the District Regulations, Article III.
§ 250-406 Mobile home parks.
Mobile home parks are permitted only in those zoning districts and as specified in the District Regulations, Article III. All proposed mobile home parks and extensions to existing parks shall also meet the requirements outlined below as well as the standards set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township. Every mobile home placed in an approved mobile home park in Eldred Township, including replacement units, shall obtain a zoning permit prior to its placement in the mobile home park. In addition, each unit, including replacement units, must obtain a certificate of use and occupancy, as required by this chapter prior to being used as a dwelling unit. All additions proposed for mobile homes located in mobile home parks shall also require a zoning permit from the Township prior to being initiated. Zoning permits for replacement units which do not exceed the length or width of the prior unit or which can be placed on the lot to meet all setback requirements, may be authorized by the Township Zoning Officer. Where, however, the replacement unit will not meet all setback requirements, permit authorization must be obtained from the Township Zoning Hearing Board.
A.
Minimum park area and density requirements. The minimum gross area provided for each mobile home park shall be as specified in the District Regulations, Article III. Overall density of the park shall not exceed four mobile home lots per acre of gross area of the park provided that all other applicable requirements of this chapter can be met.
C.
Mobile home pad requirements. All mobile home lots within the mobile home park shall be improved to provide a permanent foundation for placement of the mobile home, thereby providing pad with which to secure the substructure against uplift, sliding or rotation. Such pads shall be properly equipped to render the parcel usable and shall be maintained in satisfactory condition by the developer or park owner. At a minimum the following requirements shall be met:
(1)
The pad shall be equal to the length and width of the mobile home proposed to use the lot, but in no case shall the dimensions of such pad be less than 12 feet in width by 60 feet in length.
(2)
The pad shall not heave, shift, or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration, or other forces acting on the structure, and shall be designed to uniformly support the mobile home in a level position. At a minimum, each pad shall be provided with a pier-type sixteen-inch-by-sixteen-inch concrete block foundation and a hard surface consisting of at least four inches of a compacted stone base material, such as 2RC stone or 2B gravel.
(3)
Each pad shall be provided with anchors and tie-downs designed to meet at least industry-approved standards for wind resistance and any applicable Building Code requirements.
(4)
Each pad shall be equipped with properly designed and approved water and sewer connections and shall be provided with approved electric service connections.
D.
Mobile home lot improvements. In addition to those requirements set forth above for mobile home pads, each mobile home lot shall be improved to provide an entrance patio or porch, not less than 100 square feet in size, and a storage shed containing at least 150 cubic feet of storage space.
E.
Mobile home lot yard requirements. Each mobile home lot shall meet the following minimum yard requirements.
(1)
Setback from public streets. All mobile homes and auxiliary park buildings shall be set back at least 25 feet from the edge of any adjoining street right-of-way, including internal mobile home park streets.
(2)
Side and rear yard setbacks. All mobile homes, including attached porches, patios, decks, or carports, shall be set back a minimum of 10 feet from the side and rear lot lines of the mobile home lot.
(3)
Minimum distance between mobile homes. Each mobile home, including attached porches, patios, decks, or carports, shall be located at least 20 feet from any other mobile home in the park.
(4)
Minimum distance between mobile homes and auxiliary buildings. All mobile home lots shall be located at least 25 feet from any auxiliary park building.
(5)
Park perimeter screening requirements. Screen plantings or fencing may be required to be provided at various points along the perimeter of a mobile home park to separate the park from adjacent land uses. Screening may also be required to effectively conceal auxiliary park buildings from mobile home lots, park streets, or public roads. (See also §§ 250-505 and 250-506 for bufferyard and screening requirements.)
F.
Open space requirements. A minimum of 10% of the gross park area shall be reserved by the developer as common open space for the use of all residents of the park. At least a portion of this area shall be set aside for recreation use. Such recreation area shall be suitable for outdoor recreation activities and shall be easily accessible to all units. Applicants for mobile home parks shall provide a proposal regarding the ultimate ownership and maintenance responsibilities for such common open space and recreation area to the Township for approval as a part of the plan submission process. A copy of the approved arrangements shall be included in every lease.
H.
Park management. Each mobile home park owner shall designate a manager who shall reside within a ten-mile radius of the park and shall be responsible for maintaining the facility in accordance with the terms and conditions of the park's approval.
§ 250-407 Boarding homes.
Boarding homes may be permitted only in those zoning districts and as specified in the District Regulations, Article III. All applications for such uses shall also meet the requirements outlined below.
A.
The lot upon which the boarding home is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.
B.
For the purposes of this chapter, a boarding home shall be accessory to a single-family dwelling unit and the owner of the dwelling must occupy the unit as its legal resident.
C.
Accommodations may be provided for up to six boarders, with a maximum of two persons per bedroom. Such accommodations shall be for periods of one week or more in duration and may or may not include arrangements for meals.
D.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements set forth by the Pennsylvania Department of Environmental Protection. Where applicable, all requirements of the Pennsylvania Department of Labor and Industry shall also be met. Satisfactory evidence that the necessary permits or approvals have been obtained shall be provided to the Township for approval as a part of the plan submission process.
§ 250-408 Group homes or institutional residences.
Group homes or institutional residences may be permitted only in those zoning districts and as specified in the District Regulations, Article III. All applications for such activities shall also meet all applicable state regulations, as well as the requirements outlined below.
A.
The lot upon which the group home or institutional residence is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.
B.
Residents of a group home shall maintain a single household unit with shared use of rooms and shall share mealtimes and housekeeping responsibilities. (There shall, however, be no more than two persons per bedroom.)
C.
Accommodations in a group home shall be provided for no more than eight residents, excluding staff, at one time. For the purposes of this chapter, group homes providing accommodations for more than eight residents shall be considered to be institutional residences. Applications for group homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Adult supervision shall be provided at the facility on a twenty-four-hour basis.
E.
Applicants for group homes or institutional residences shall indicate the type of care, counseling or treatment to be provided at the site. In each instance, medical care shall be incidental in nature and shall not be a major element of the care being provided at the facility.
F.
Residents of such facilities shall remain in residence for a period of at least three months, and a change of residents shall not routinely occur, except in the case of death, extended illness, disability or similar circumstances.
G.
The applicant for an institutional residence shall provide a copy of his complete license application from the PA Department of Public Health, including drawings, as a part of his application to the Township for such a use. Revocation or suspension of the state permit shall constitute an automatic revocation of the Township zoning permit.
H.
Any zoning permit for a group home or institutional residence shall apply only to the facility and applicant named, the premises designated, and for the activities or purposes listed or identified in the application. Said permit shall be nontransferable.
I.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements set forth by the PA Department of Environmental Protection. Where applicable, all requirements of the PA Department of Labor and Industry shall also be met. Satisfactory evidence that the necessary permits or approvals have been obtained shall be provided to the Township for approval as a part of the plan submission process.
J.
Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and provided to the Township for approval as part of the plan submission process.
§ 250-409 Personal care or nursing homes.
Personal care or nursing homes may be permitted only in those zoning districts and as specified in the District Regulations, Article III. Every application for such a use shall also meet the requirements outlined below.
A.
The lot upon which the personal care or nursing home is situated shall meet the minimum area requirements established in the District Regulations for the district in which the use is to be located.
B.
Satisfactory evidence shall be provided by the applicant indicating that the proposed facility will conform to all applicable state and local regulations (including regulations of the PA Department of Health and the PA Department of Labor and Industry.)
C.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the PA Department of Environmental Protection. For the purposes of this chapter, nursing homes must be served by a public or community sewer system or package sewage treatment facilities. Satisfactory evidence that the necessary permits or approvals have been obtained shall be provided to the Township for approval as a part of the plan submission process.
D.
Arrangements for the collection, storage and disposal of all solid wastes generated by the personal care or nursing home shall be made by the applicant and provided to the Township for approval as a part of the plan submission process. Where determined appropriate, the Township may request review of the proposed arrangements by the PA Department of Environmental Protection prior to granting approval.
§ 250-410 Day-care centers or group day-care homes.
Day-care centers or group day-care homes which are licensed by the PA Department of Human Services to provide care for seven or more children outside of a family residence or those providing limited daytime care for adult, elderly, or handicapped persons may be permitted only in those zoning districts and as specified in the District Regulations, Article III. All such uses shall also meet the requirements outlined below.
A.
The lot upon which the day-care facility is situated shall meet the minimum area requirements established in the district regulations for the district in which the use is to be located.
B.
Outdoor recreation areas of at least 100 square feet per child and 50 square feet per adult being tended shall be provided. Such areas shall be completely enclosed with at least a six-foot chain-link or solid fence located no less than 25 feet from the edge of any adjoining street right-of-way. A dwelling or accessory building may be used as part of the required enclosure.
C.
Outdoor recreation areas shall be sufficiently screened and sound insulated to protect the neighborhood from noise and other disturbances.
D.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the facility and shall be approved by the PA Department of Environmental Protection. Satisfactory evidence that the necessary permits or approvals have been obtained shall be provided to the Township for approval as a part of the plan submission process.
E.
All other applicable codes, ordinances or laws (including regulations of the PA Department of Human Services, PA Department of Labor and Industry, and PA Department of Education) shall be met. Satisfactory evidence that all necessary permits or approvals have been obtained shall be provided to the Township for approval as a part of the plan submission process.
§ 250-411 Bed-and-breakfast establishments.
Bed-and-breakfast establishments or other similar lodging facilities may be permitted only in those zoning districts and as specified in the District Regulations, Article III. Every application for such use, whether new construction or conversion of an existing building, shall meet the requirements outlined below.
A.
The lot upon which the bed-and-breakfast is situated shall meet the minimum area requirements established in the district regulations for the district in which the establishment is to be located.
B.
The facility must be privately owned and occupied by the owner thereof.
C.
Overnight accommodations for any guest shall not exceed 14 continuous nights at any one time, nor more than 60 days in any calendar year.
D.
Lodging accommodations may or may not include arrangements for breakfast or other meals.
E.
Dining facilities and services shall be available only to lodgers, except in the Village Center District where such facilities may be open to the public.
F.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements set forth by the PA Department of Environmental Protection. Where applicable, all requirements of the PA Departments of Health and Labor and Industry shall also be met. Satisfactory evidence that the necessary permits or approvals have been obtained shall be provided to the Township for approval as a part of the plan submission process.
G.
Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and provided to the Township for approval as part of the plan submission process.
§ 250-412 Retail establishments.
Retail establishments, including those facilities and personal service businesses outlined in the District Regulations, Article III, may be permitted only in those zoning districts and as specified in the District Regulations. In addition, every proposed retail establishment shall meet the requirements outlined below as well as the standards set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township.
A.
Applications for new retail establishments shall include the following information and written documentation:
(1)
A site plan prepared by a Pennsylvania-licensed professional engineer, registered professional land surveyor, or architect, showing the tract of ground on which the use is proposed and the location of all buildings or structures existing or to be situated on the site;
(2)
An indication that the use will not have a detrimental effect on the character of the area or neighborhood where it is proposed to be located, including the use of externally broadcast music, public address systems, public announcements, paging, and similar activities;
(3)
An indication that adequate sewage disposal facilities and a safe water supply will be provided;
(6)
An indication that all outdoor lighting associated with the proposed establishment will be mounted and shielded to effectively eliminate glare on adjacent properties and on public streets;
(7)
An indication of the arrangements that have been made for the collection, storage and disposal of solid wastes generated by the commercial use, including an indication of the type of screening to be used to conceal such storage facilities;
(8)
An indication that all signs used to advertise such facilities will meet the requirements of Article VII of this chapter; and
(9)
An indication of the establishment's proposed hours of operation.
B.
No perpetual outside displays or retail sales shall be permitted for commercial or retail uses, except where such display is a necessary part of the use. No merchandise shall be placed on a sidewalk or designated pedestrian walkway, except as part of a periodic sidewalk sale.
§ 250-413 Vehicle service stations and/or repair shops.
Vehicle service stations and/or repair shops may be permitted only in those zoning districts and as specified in the District Regulations, Article III. All applications for such uses shall also meet the criteria established for retail uses in § 250-412 of this chapter as well as the standards outlined below, and all applicable state or federal laws.
A.
No vehicle service station or repair shop shall be located within 300 feet of any school, playground, church or public place of assembly.
B.
Gasoline pumps or other fuel-dispensing devices shall be no closer than 25 feet to any street right-of-way or property line, nor shall any oil, propane gas, or other similar substances be stored within 25 feet from any street right-of-way or property line. (Additional permits may be necessary to meet state and federal requirements regarding the location of storage tanks for such purposes.)
C.
All associated repair work (excluding minor adjustments) shall be carried out within a structure. All repair materials, including new, used, discarded or unusable parts of any vehicle, shall be stored within a building.
D.
Body work or painting of vehicles may be permitted only where the operation is to be conducted within an enclosed structure and where such structure meets the PA Department of Labor and Industry and PA Department of Environmental Protection regulations and is designed to contain all noise, vibrations, dust, and odor generated by the activity.
E.
Arrangements for the collection, storage and disposal of all waste generated by the facility shall be made by the applicant and provided to the Township for approval as a part of the plan submission process.
F.
There shall be no automatic car wash facilities or vehicular sales associated with a vehicle service station or repair shop, unless approved otherwise by the Township Zoning Hearing Board.
§ 250-414 Public entertainment facilities.
For the purposes of this chapter, public entertainment facilities may include, but are not limited to, amusement arcades, bowling alleys, skating rinks, motion-picture theaters, health clubs and similar types of enclosed facilities, but shall exclude adult entertainment establishments. Such uses may be permitted only in those zoning districts and as specified in the District Regulations, Article III. Applications for such uses shall meet the criteria established for retail uses in § 250-412 of this chapter and all other applicable state or local requirements.
§ 250-415 Personal storage warehouses.
Personal storage warehouses may be permitted only in those zoning districts and as specified in the District Regulations, Article III. All applications for such uses shall meet the criteria established for retail uses in § 250-412 of this chapter as well as the standards outlined below.
A.
There shall be no commercial or residential use conducted from or occurring within such facilities. Such warehouses shall be used exclusively for the storage of personal property, goods and materials.
B.
Access to such facilities shall be sufficient to accommodate the size and type of items likely to be stored in the warehouse units.
§ 250-416 Limited industrial uses.
Limited industrial uses, including, but not limited to, manufacturing, processing, assembly, warehousing and storage operations, may be permitted only in those zoning districts and as specified in the District Regulations, Article III. All applications for such uses shall meet the requirements outlined below as well as the standards set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township. Additional documentation may also be required where it is deemed necessary by the Township in order to protect the public health, safety and welfare.
A.
Industrial operations shall abut on and/or provide direct access to a street or highway which is capable of accommodating the anticipated levels and types of manufacturing and employee traffic.
B.
Every industrial operation shall be contained within a building, except as may be approved otherwise by the Township.
C.
Adequate sewer and water facilities shall be provided by the developer in accordance with the standards of the PA Department of Environmental Protection.
D.
Arrangements for the collection, storage and disposal of solid wastes generated by the operation shall be made by the developer and provided to the Township for approval as a part of the plan submission process.
E.
The proposed hours, rules, and security arrangements for the facility shall be provided to the Township for approval as a part of the plan submission process. Consideration shall be given not only to the convenience of the industrial operation, but to the convenience, safety and welfare of the neighborhood in which the industry is to be located.
F.
All on-lot, unenclosed storage associated with an industrial use shall meet the requirements set forth in § 250-430 of this chapter.
H.
Illuminated signs or other outdoor lighting provided for the facility shall be installed and shielded to avoid causing glare on adjacent properties or creating a hazard for passing motorists. (See also Article VII.)
I.
Off-street parking and loading areas shall be provided in accordance with the requirements of Article VIII of this chapter.
J.
Industrial operations shall comply with all applicable local, state or federal performance standards, codes and regulations (including the standards of the PA Department of Environmental Protection pertaining to air, water and noise pollution). The applicant shall provide sufficient evidence of such compliance to the Township for approval as a part of the plan submission process.
K.
In all activities involving the use or storage of flammable and/or explosive materials, the owner or operator of the facility shall provide adequate safety devices to protect against the hazard of fire or explosion, and adequate firefighting and fire-suppression equipment and devices standard in the industry.
L.
No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
M.
Accessory retail stores, selling items produced on-site in the manufacturing operation, may be permitted in conjunction with an approved, principal industrial use. Additional off-street parking spaces shall however be provided to adequately accommodate the retail activity.
§ 250-417 Junkyards or auto salvage operations.
All junkyards or auto salvage operations created after the effective date of this chapter shall comply with the provisions outlined below, as well as all other municipal regulations which may be in effect or which may hereafter be enacted to control such activities. Such facilities may be permitted only in those zoning districts and as specified in Article III, District Regulations. Further, for the purposes of this chapter, the use of 100 square feet of space (or 400 square feet in the case of a farm) for the storage of junk shall constitute a junkyard.
A.
Zoning permits for such uses shall be renewed annually by the owner. Such renewal shall be preceded by an inspection of the premises by the Township Zoning Officer. Any permit not renewed shall become null and void, and no resumption of facility operations shall take place unless and until a new application for the use, meeting the requirements of this chapter, is made. In addition, the following permit obligations shall be met:
(1)
All such zoning permits shall be conspicuously posted on the approved site at all times.
(2)
All such zoning permits shall be valid for only the facility named and for only the location designated.
(3)
No such permit shall be transferable to any other person unless the transfer is authorized by the Zoning Hearing Board as a special exception.
(4)
Any member of the Board of Supervisors, the Zoning Hearing Board, the Zoning Officer or any duly authorized agent of the Supervisors may at any time enter upon and inspect a junkyard for which there is a special exception transfer application or renewal permit pending, or for which a current permit has been issued.
B.
The minimum area required for creation of a new junkyard or auto salvage operation shall be as set forth in the District Regulations, Article III. No junkyard shall cover an area in excess of 10 acres, excluding setback areas.
C.
Such uses shall be conducted within a building or shall be entirely enclosed within a fence or wall not less than eight feet in height and made of a suitable permanent material. In addition, a bufferyard of 50 feet around the entire perimeter of the junkyard may be required by the Zoning Hearing Board to provide adequate separation between the junkyard and adjacent uses. No part of this bufferyard may be used for the storage of materials or parts associated with the operation.
D.
No junk material, appurtenant structure, related activity or other enclosure shall be stored, placed, located or conducted within 300 feet of any adjoining property line, public street right-of-way, body of water, stream or wetland. No weeds or scrub-growth over eight inches in height shall be permitted to grow within this setback area. And, where determined appropriate by the Zoning Hearing Board, the applicant may be required to prepare and submit a soil erosion and sedimentation control plan for his facility.
E.
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water. Specifically, junked vehicles shall be spaced in rows with at least 15 feet between each double row and no junk shall be piled to a height exceeding eight feet from the ground.
F.
No oil, grease, tires, gasoline or other similar material shall be burned at any time, and all other burning shall be controlled at all times.
G.
All junkyards shall be maintained in such a manner to avoid causing public or private nuisances; causing any offensive or noxious odors; or causing the breeding or harboring of rats, flies, or other vectors that could be hazardous to public health.
H.
Permanent records of all junk received or removed from any junkyard shall be kept by the junk dealer and shall remain on the premises at all times. Records shall include the name and address of the person from whom the junk was received or to whom it was delivered, the date of receipt or delivery, and a description of the junk. In addition, all serial numbers or manufacturers' numbers of any motor vehicle or any other article of material whose serial number can be readily ascertained shall be recorded. Records shall be available at all times and shall be open to inspection by any member of the Board of Supervisors, the Zoning Officer, or any law enforcement official.
I.
No junk shall be removed from any junkyard, nor broken up, reduced or altered in shape or form for a period of 48 hours after it has been placed on the junkyard premises.
§ 250-418 Mineral extraction operations.
Mineral extraction operations, including the commercial excavation of sand, gravel, clay, shale, rock or other natural mineral deposit as may be defined by state or federal regulations, may be permitted only in those zoning districts and as specified in the District Regulations, Article III. Such operations shall comply with PA Department of Environmental Protection's and applicable federal permit requirements and evidence of such compliance must be submitted with any application for a mineral extraction operation. In addition, the following standards shall be met. (Where, however, the requirements of this chapter conflict with any state or federal law or regulation, such state or federal law or regulation shall prevail.)
A.
The minimum area required for a mineral extraction operation shall be as set forth in the District Regulations, Article III.
B.
Mineral extraction operations shall abut on or provide direct access to a street or highway capable of accommodating heavy trucks and employee traffic. Truck access to any excavation site shall be arranged to minimize danger to traffic and nuisance to surrounding properties.
C.
A soil erosion and sedimentation plan for the proposed operation, reviewed and approved by the County Conservation District or other designated agency, shall be submitted to the Township as part of the application for such use. At a minimum, exposed ground surfaces shall be stabilized or protected with a vegetative cover to prevent soil erosion, unless other erosion control techniques are approved as part of the erosion and sedimentation plan.
D.
Bufferyards and/or screening shall be provided along the perimeter of the excavation site as may be required by state or federal regulations. Where not specifically regulated by state or federal standards, a bufferyard of 50 feet shall be provided. In addition, where determined appropriate by the Zoning Hearing Board, a fence, at least six feet in height, may be required to completely surround the excavated area.
E.
No extraction activities, stockpiling or storage of extracted material shall be located within the required buffer (see Subsection D, above). And, where not specifically regulated by state or federal standards, no such activities shall be located within 100 feet of any property line; 200 feet of any Village Center District line; nor within 300 feet from any stream, body of water or designated wetland area.
F.
Where permitted, rock crushers, batching or mixing plants, or other grinding, polishing or cutting machinery shall be setback a minimum of 150 feet from all property lines and public rights-of-way and shall be subject to such additional conditions and safeguards deemed necessary by the Zoning Hearing Board to protect the public health, safety and welfare.
G.
The applicant shall provide a copy of his state or federally mandated post-closure site restoration plans to the Township for review as a part of the plan submission process. In addition, the applicant shall provide evidence that all required governmental approvals have been granted for the operation prior to the issuance of a zoning permit. In the event the mineral extraction operation is found to be in violation of any governmental regulations which require operation of the facility to cease, such action shall cause the zoning permit to be forfeited. In this case, no resumption of facility operations shall take place unless and until the applicant obtains approval of a new zoning permit.
§ 250-419 Forestry or forest management activities.
A.
Commercial forestry or forest management activities, including timber harvesting operations and sawmills, may be permitted only in those zoning districts and as specified in the District Regulations, Article III. In addition, applications for commercial timber harvesting activities shall submit the following information to the Township as part of their application for such use.
(1)
A sketch plan prepared by a professional forester or other individual of demonstrated qualifications, showing:
(a)
The outline of the tract from which the timber is to be harvested and the portion of the tract where the logging is to occur;
(b)
The location of all proposed intersections with public roads, including Township roads;
(c)
The location of all streams, watercourses, or wetlands on the site; and
(d)
The location of all proposed staging and loading areas.
(2)
A soil erosion and sedimentation control plan for the proposed activity, reviewed and approved by the County Conservation District or other designated agency;
(3)
An indication of the time period during which the harvesting activity is to be conducted and completed (including restoration, regrading and reseeding);
(4)
A site restoration plan indicating the condition to which the site is to be restored following the harvesting activity; and
(5)
Documentation showing the applicant has satisfactorily met all other federal, state or local regulations regarding such operations.
B.
Individuals considering private timber harvesting operations are encouraged to contact a professional forester or the PA Bureau of Forestry for assistance in determining the appropriate approach to achieve the type of timber management, wildlife protection, and/or reproduction desired. Unless properly planned and approved, clear-cutting activities should be avoided.
§ 250-420 Concentrated animal feeding operations.
Concentrated animal feeding operations (CAFO) may only be permitted in an agricultural district, and all new or expanded CAFOs shall require conditional use approval from the Township Supervisors prior to the issuance of a zoning permit. In addition, all applications for CAFOs shall satisfy the following criteria.
A.
All concentrated animal feeding operations shall meet the requirements set forth in the PA Nutrient Management Regulations (effective date October 1, 1997, compliance date October 1, 1998), for the preparation and submission of nutrient management plans. In particular, all such operations shall meet the standards established in the Nutrient Management Regulations pertaining to nutrient application, manure management, and manure storage facilities.
B.
All applications to the Township for new or expanded concentrated animal feeding operations shall include:
(1)
A detailed, written description of the type and size of operation being proposed;
(2)
A site plan illustrating the proposed location of all outdoor feedlots, animal confinement buildings, manure storage facilities, and manure application areas, and their relation to existing occupied dwellings (other than the owner's residence); and
(3)
A copy of the applicant's nutrient management plan, reviewed and approved by the County Conservation District, designated nutrient management specialist, or other appropriate agency.
C.
At a minimum, buildings in which livestock and/or poultry are to be housed (temporarily or permanently) shall be erected at least 100 feet from all property lines and street rights-of-way. All other agricultural buildings shall be set back at least 50 feet from side and rear lot lines. Where however, more restrictive setback requirements are set forth in the Nutrient Management Regulations, then those standards shall apply.
§ 250-421 Roadside stands.
Roadside stands may be permitted only in those zoning districts and as specified in the District Regulations, Article III. In addition the following standards shall apply.
A.
Such stands shall be used exclusively for the sale of products produced on the premises, including farm, nursery or greenhouse products.
B.
Such stands shall not exceed 400 square feet in size, nor be located less than 50 feet from an intersection or 10 feet from the edge of any adjoining street right-of-way.
C.
Permanent stands shall meet the all setback requirements of this chapter. Temporary stands or shelters need not conform to the yard requirements of the district in which they are located but must be removed during the season when not in use for the sale or display of products.
§ 250-422 Camps, cabins and vacation homes.
Camps, cabins and vacation homes may be permitted only in those zoning districts as specified in Article III, District Regulations. Applications for such uses shall meet the requirements outlined below as well as the standards set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township.
A.
For the purposes of this chapter, camps, cabins and vacation homes shall be construed to mean permanent structures used only periodically during the year. Such use may include shelter during hunting and fishing seasons, private vacation and/or weekend or holiday uses, or other similar periodic visits at any time of the year.
B.
Every lot to be utilized for such use shall meet the minimum area and yard requirements set forth in the District Regulations, Article III, for the district in which it is to be located.
C.
Every camp, cabin or vacation home shall be provided with adequate sewage disposal and water supply systems subject to the applicable rules and regulations of the PA Department of Environmental Protection. Satisfactory evidence that all necessary permits of this type have been obtained shall be submitted as a part of an application for such a use.
D.
Every camp, cabin or vacation home shall conform to all applicable Township codes and ordinances, including all foundation and gross floor area requirements contained in § 250-402 of this chapter, with the exception of recreational vehicles which shall meet the requirements set forth in Subsection G below.
E.
Where such uses are proposed to be located in the Flood Fringe or General Floodplain District, all requirements regarding floodproofing contained in Article VI of this chapter shall be met.
F.
No more than one permanent camp, cabin, or vacation home shall be erected or placed on an individual lot for more than 180 consecutive days, unless part of an approved land development.
G.
Recreational vehicles, campers, travel trailers, motor homes, or similar units may be used as camps, cabins or vacation homes subject to the following standards. (No buses, trucks, truck trailers, or similar vehicles may be permitted as camps, cabins or vacation homes.)
(1)
Units to be placed in a floodplain. Recreation vehicles or similar units to be placed on a lot in a floodplain shall meet the following requirements.
(a)
A seasonal zoning permit shall be required for all such units to be placed on any lot in the Township for more than seven days in any calendar year. Such permits shall be renewed annually.
(b)
Such units may be located on their site for no more than 180 days in any given year and shall be removed from the floodplain during the remainder of the year.
(c)
Such units shall remain on wheels and shall be capable of being towed or transported from the site at all times.
(d)
A workable evacuation plan shall be submitted to the Township as part of the application for the seasonal zoning permit indicating how the unit will be removed from the site if there is a threat of flooding or a flood warning is issued.
(e)
Each application for a seasonal zoning permit shall include an indication of the sewage facilities to be used or an executed arrangement for dumping at a state-approved dump station.
(2)
Units to be located outside of a floodplain. Recreation vehicles or similar units to be placed on a lot outside of a floodplain shall meet the following requirements.
(a)
A seasonal zoning permit shall be required for all such units to be placed on any lot in the Township for more than 30 days in any calendar year. Such permits may be issued for up to 365 days, but must be renewed annually. (Year-round residential occupancy of any unit shall be prohibited.)
(b)
Units to be placed on a lot for more than 180 days in any calendar year shall be anchored to avoid displacement by wind or other natural elements.
(c)
Each application for a seasonal zoning permit shall include an indication of the sewage facilities to be used by the unit or an executed arrangement for dumping at a state-approved dump station.
§ 250-423 Campgrounds.
Campgrounds or recreational vehicle parks may be permitted only in those zoning districts and as specified in Article III, the District Regulations. Every proposed campground or recreational vehicle park must also meet the requirements outlined below as well as the standards set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township.
A.
General requirements. Campgrounds or recreational vehicle parks shall be designed for intermittent recreational use. No year-round residential occupancy of any unit in a campground shall be permitted. All recreational vehicles located in the park shall have current state registration and inspection stickers.
B.
Design standards.
(1)
Minimum campground area. A campground shall have a gross area equal to the minimum lot size required for the district in which it is to be located.
(2)
Camping space requirements.
(a)
Gross density. The maximum number of camping spaces within each campground shall be no more than 12 per acre of gross area of the campground.
(b)
Minimum camping space sizes. Each camping space shall contain a minimum of 2,000 square feet. The minimum width shall be not less than 40 feet.
(c)
Camping units. No more than one camping unit (recreational vehicle, or other similar unit) shall be located on each camping space. (Tents shall not be governed by this limitation.)
(3)
Setbacks, bufferyards and screening requirements.
(a)
Park perimeter bufferyard. All camping spaces and auxiliary park structures shall be located at least 50 feet from the campground boundary lines, including public road rights-of-way. Where screening of natural plantings is provided along the perimeter, this minimum buffer may be reduced to 25 feet. No campground hereafter created shall however be located within 1,000 feet of an existing residence, other than the owner's dwelling.
(b)
Minimum distance between structures and camping spaces. All camping spaces shall be located at least 30 feet from any auxiliary building.
(c)
Minimum distance between camping units. Individual camping units shall be separated by a minimum of 25 feet. (Tents shall not be governed by this limitation.)
(4)
Camping space access. All camping spaces shall abut and have frontage on a street of the campground internal street system. [See also Subsection B(5) below.] In addition, at the entrance intersection of the campground, a fifty-foot-wide cartway shall be provided for a distance of 100 feet to accommodate the safe movement of vehicles or units into and out of the facility.
(5)
Campground internal street system requirements. The internal street system shall be designed and constructed by the campground owner in accordance with the applicable street standards outlined in Chapter 200, Subdivision and Land Development, in effect in Eldred Township, and shall be of sufficient length, width, and material to support the weight of all proposed camping units as well as emergency vehicles. It shall be the responsibility of the campground owner to maintain all such streets within the campground.
(6)
Off-street parking requirements. A minimum of two vehicle off-street parking spaces shall be provided for each camping space plus one additional off-street parking space for every five camping spaces shall be provided within the campground.
(7)
Grading and ground cover (soil erosion and sedimentation control plans). All grading, soil erosion and sedimentation control requirements set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township shall be met.
(8)
Drainage facilities. All drainage and/or stormwater management standards set forth in Chapter 200, Subdivision and Land Development, in effect in Eldred Township shall be met.
(9)
Campground lighting. Where determined appropriate, campgrounds shall be furnished with lighting by the developer/owner which is designed to adequately illuminate driveways, walkways, streets, and intersections, so as to provide for the safe movement of pedestrians and vehicles throughout the development at night.
(10)
Common open space requirements. A minimum of 10% of the gross area of the campground shall be reserved by the developer/owner as common open space for the use of all occupants of the park. Such open space may include areas of land and water, but shall exclude all roads, parking areas, structures or service lanes. At least a portion of the open space shall be set aside for recreational use. Such recreation area shall be suitable for outdoor recreation activities and shall be easily accessible to all camping spaces. Applications for campgrounds or recreational vehicle parks shall include a proposal indicating the ultimate ownership and maintenance responsibilities for such common open space and recreation areas. Copies of such arrangements shall be noted on the development plans and included in the lease for each camping space.
C.
Utilities and park facilities.
(1)
Sewage and water facilities. The standards of the PA Department of Environmental Protection (PA DEP) for the provision of sewer and water facilities shall be met. Documents and approvals indicating that these standards have be met along with notations on the campground plan showing the location of water sources and restrooms shall be provided to the Township as a part of the plan submission process. (No zoning permit shall be issued for the campground until the sewage and water supply systems have been approved by DEP.) Where individual sewer hookups are not provided for each camping site, a DEP-approved community dump station must be provided by the developer for sewage disposal within the campground. It shall be the responsibility of the campground developer/owner to maintain all such facilities and comply with all local sewage regulations.
(2)
Other utility systems. Where electric or other utilities are to be provided, plans shall be submitted to the Township and applicable utility company(ies) for approval.
(3)
Solid waste collection, storage and disposal. Arrangements for the collection, storage, and disposal of solid wastes generated by the users of the proposed campground shall be made by the developer/owner and provided to the Township for approval as a part of the plan submission process.
(4)
Service and other campground buildings. Service, maintenance and management buildings and commercial sales buildings required for the management, servicing and maintenance of the campground may be allowed provided that such buildings are used exclusively for said purposes. Structures may be located within the Flood Fringe or General Floodplain District as long as they are adequately floodproofed, but no structures may be located within the Floodway District. (See Article III for floodproofing standards.)
(5)
Campground management. During times of operation, each campground owner shall designate a resident manager who shall be responsible for maintaining the facility in accordance with the requirements of this chapter and the terms and conditions of the campground's approval.
D.
Campgrounds in flood-prone areas.
(1)
Permit requirements. Each campground proposed to be located within a designated floodplain district shall be required to obtain an annual seasonal zoning permit. Such permits shall be valid for no longer than 179 consecutive days in any calendar year. All units must be removed from the floodplain during the remainder of the year.
(2)
Evacuation plans. Where campgrounds are proposed to be located within any designated floodplain district, a workable evacuation plan must be submitted as a part of each application for a seasonal zoning permit. Said plan must insure that all units will be removed from the floodplain during flood events.
(3)
Anchoring. Camping units being placed in campgrounds located within any designated floodplain district must remain on wheels and be capable of being towed or transported from the site at all times. Such units may not be placed on blocks or similar supports and no activity may take place on the site which would interfere with the prompt and safe evacuation of the units in times of flood danger.
§ 250-424 Utility supply facilities.
For the purposes of this chapter, utility supply facilities shall include those facilities, buildings and structures constructed and maintained by municipal or governmental agencies, public utilities, or public service corporations, which are necessary for the provision of utility services to the general public, such as electrical substations, water pumping stations, and sewage treatment plants. (See also § 250-425 below.) Such facilities shall meet the following standards.
A.
There shall be no specific minimum lot width or dimensional requirements applied to these uses. Each application will be evaluated on a case-by-case basis by the Township Zoning Hearing Board as they review the special exception request. Appropriate setback and building coverage requirements, designed to protect the public health, safety and welfare, will be determined at that time.
B.
Utility supply facilities shall be designed and constructed to be compatible with the general character (appearance and structural material) of the other structures within the district in which they are located.
C.
Structures may be permitted for the housing of transformers, pumps and similar equipment, but shall house only that equipment necessary to provide normal maintenance and repair for the systems. Office space may only be provided in the Village Center District.
D.
Where in the opinion of the Zoning Hearing Board, potential safety hazards exist with such facilities, additional precautions (such as buffering, screening or fencing) may be required.
§ 250-425 Communications antennas, towers and/or equipment buildings.
Communications antennas, towers and/or equipment buildings may be permitted only in those zoning districts and as specified in the District Regulations, Article III. Applications for all new antennas and towers shall also be subject to the standards outlined below, as well as all other applicable state or federal regulations. Privately owned and operated communications antennas, including ham and citizen band radio antennas and/or equipment, may be located in any zoning district as an accessory use and shall not be further regulated by this chapter.
A.
General requirements.
(1)
No person or entity shall construct, install or otherwise operate a communications antenna or erect a communications tower or equipment building without first securing a zoning permit from the Township Zoning Officer.
(2)
The applicant shall provide sufficient documentation that is it licensed by the Federal Communications Commission (FCC) to operate a communications tower and/or antennas. The applicant shall also demonstrate that all antennas proposed to be mounted on such towers will comply with the applicable standards established by the FCC governing human exposure to electromagnetic radiation, and that any proposed tower will comply with all Federal Aviation Administration (FAA), Commonwealth Bureau of Aviation, and applicable airport zoning regulations.
(3)
The applicant shall also demonstrate that the proposed antennas will not cause radio frequency interference with other communications facilities located in or adjacent to the Township.
(4)
No provision of this section is intended to unduly restrict or impair communications activities conducted by any FCC-licensed individual or entity. If it is determined that any provision of this section would unlawfully restrict the exercise of a license issued by the FCC, the Supervisors of Eldred Township shall have the power and authority to modify the terms of this section as they apply to such license holder. Relief under this section shall however be authorized on a case-by-case basis.
B.
Building-mounted communications antennas. Communications antennas may be mounted to any existing building or structure in the Village Center, Agricultural, and Conservation Districts subject to the following standards.
(1)
Building-mounted communications antennas shall not be located on a single- or two-family dwelling.
(2)
Building-mounted antennas shall not exceed 15 feet in height above the building to which they are attached. Omnidirectional or whip antennas shall not exceed a height of 20 feet and a diameter of seven inches. Directional or panel antennas shall not exceed five feet in height and three feet in width.
(3)
Building-mounted antennas shall be located on those building elevations which do not face public rights-of-way, and shall not project more than three feet from the vertical face of the building to which they are attached.
(4)
Any applicant proposing to mount a communications antenna on a building or other structure shall submit evidence to the Township from a registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or structure, considering wind and other loads associated with the antenna location.
(5)
Building-mounted antennas located in the Village Center Districts shall be architecturally compatible with the building or structure to which they are attached. Such antennas shall be designed to blend into the neighborhood or area where they are located. In addition, detailed construction and elevation drawings shall be submitted to the Township indicating how such antennas will be mounted on the building or structure and how it will be seen in the community from ground level.
(6)
Applicants for building-mounted antennas shall submit evidence to the Township that all necessary agreements and/or easements have been secured to provide access to the building or structure on which the antenna is located.
C.
Communications towers and tower-mounted antennas. Communications towers may be located within the Agricultural and Conservation Districts subject to the following standards.
(1)
Any applicant proposing construction of a new communications tower shall provide documentation to the Township which demonstrates need for the tower in the proposed location. Such documentation shall include, but need not be limited to, coverage diagrams and technical reports prepared by a qualified professional engineer indicating that the proposed location is necessary to achieve the desired coverage and that co-location on an existing tower, building or structure is not possible. [See also Subsection C(2) below for additional co-location requirements.]
(2)
Any applicant proposing construction of a new communications tower shall document that a good-faith effort has been made to obtain permission to mount the communications antenna on an existing building, structure or communication tower. A good-faith effort shall require that all owners of potentially suitable structures within a one-mile radius of the proposed tower site be contacted and that one or more of the following reasons applies for not selecting such structure.
(a)
The proposed antennas and related equipment would exceed the structural capability of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that structure and the interference could not be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from the structure exceeding applicable standards established by the FCC governing human exposure to such radiation.
(e)
A commercially reasonable agreement could not be reached with the owners of such structure.
(3)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the district in which the tower is to be located.
(4)
The maximum height of any communications tower shall be 180 feet measured from the ground elevation around the tower to the highest point on the tower, included antennas mounted on the tower, unless the applicant can demonstrate, to the satisfaction of the Zoning Hearing Board, that additional height is necessary to perform the intended function.
(5)
The foundation and base of any communications tower shall be set back from all property lines a distance equal to the intended height of the tower.
(6)
All tower applicants shall provide evidence that at least one antenna contract agreement has been secured to locate on the proposed tower. In addition, the tower shall be designed to accommodate at least four antennas, and shall allow for future rearrangement of antennas or the acceptance of antennas mounted at varying heights.
(7)
All communications towers shall be designed and constructed in accordance with currently accepted engineering practices, taking into consideration all relevant safety factors, including but not limited to wind forces. All guy wires associated with communications towers shall be clearly marked so as to be visible at all times and shall be located within the required fenced enclosure. The applicant shall supply the Township with certification from a registered professional engineer indicating that such practices will be met.
(8)
Towers and antennas located thereon shall be finished with a nonreflective surface treatment. Materials used in such construction shall not detract from the appearance of the area surrounding the tower. Where possible, applicants are encouraged to design or camouflage towers as trees, farm buildings, or other natural features.
(9)
The site of a communications tower shall be secured by a fence with a minimum height of eight feet to limit accessibility by the general public. All towers shall be fitted with anticlimbing devices approved by the manufacturer for the type of installation proposed.
(10)
No tower or antenna located thereon shall be illuminated except as may be required by the FAA or the FCC, in which case the Township may review the available lighting options and approve the design that would cause the least disturbance to surrounding uses and views.
(11)
No signs shall be mounted on a communications tower or antenna, except as may be required and approved by the FCC, FAA, or other governmental agency and the Township. No advertising is permitted on a tower or antenna, or other building or structure accessory thereto.
(12)
The tower and any antennas located thereon shall be located, designed, and screened to blend in with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible. In addition, the base of the tower shall be landscaped to screen the foundation, base, and equipment building from abutting properties.
(13)
Access to the communications tower and/or equipment building shall be provided by means of a public street or private right-of-way or easement to a public street. Any such right-of-way or easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet for its entire length.
(14)
The applicant shall submit a copy of his FCC license, together with the name, address and emergency telephone number of the operator of the communications tower, and a certificate of insurance evidencing general liability coverage in the amount of $1,000,000 per occurrence and property damage coverage in the amount of $1,000,000 per occurrence covering the tower and antennas thereon, with a $3,000,000 aggregate.
(15)
The Township may require a tower removal bond be posted by the tower owner to ensure removal of the tower should it become abandoned or is no longer used to support communications antennas. When required, such bond shall be in an amount no less than 20% of the cost of the tower and shall remain with the Township for the life of the tower.
(16)
If a communications tower remains unused for a period of 12 consecutive months, the Township may consider the use abandoned and may therefore instruct the Zoning Officer to issue a notice to the tower owner to dismantle and remove the facility and associated equipment from the site within six months following the date of the notice. Municipal enforcement proceedings and procedures to invoke use of a tower removal bond may be initiated following the six-month period if the tower has not been satisfactorily removed.
D.
Communications equipment buildings. Communications equipment buildings may be permitted as an accessory use to any communications tower located within the Township and shall be subject to the following standards.
(1)
Structures permitted for the housing of equipment, transformers, and other similar hardware shall be designed and constructed to be compatible with the general character of the other structures located within the same district, and shall be subject to the setback requirements provided in the district regulations for the district where they are to be located. Such structures shall not exceed 250 square feet of gross floor area; shall house only that equipment necessary to provide normal maintenance and repair for the operations; and shall generally be unmanned.
(2)
Communications equipment buildings shall be subject to the maximum height requirements of the district in which they are to be located.
§ 250-426 Swimming pools.
A.
Private swimming pools. Private swimming or bathing pools (pools used by the occupant and his guests) may be permitted as accessory uses in all zoning districts, but must comply with the following requirements.
(1)
Fences, barriers and gates for swimming pools shall comply with the applicable requirements of the Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
A dwelling or accessory structure may be used as part of the required enclosure.
(3)
The pool shall not be located within any required front yard nor closer to any side or rear property line than is established for accessory structures in the district where the pool is located.
B.
Public swimming pools. Public swimming or bathing pools shall be defined as those facilities available for use by the public, including pools owned and operated by municipal governments, private organizations, or pools provided in conjunction with commercial lodging facilities, multifamily housing developments, or mobile home parks. Such pools shall be subject to all requirements established by the PA Department of Environmental Protection and the PA Department of Health.
§ 250-427 Home occupations.
Home occupations may be permitted as accessory uses in all zoning districts unless such activities are prohibited by special deed restrictions. All such activities shall comply with the following requirements.
A.
The area devoted to the permitted home occupation shall be located entirely within the owner's dwelling or a single building accessory thereto. No more than a total of 25% of the gross floor area of the dwelling may however be devoted to all home occupations located at the site.
B.
The home occupation shall be clearly secondary to the principal residential nature or use of the dwelling and shall not alter the character of the area where it is to be located.
C.
There shall be no change in exterior dimension of the dwelling to accommodate the home occupation, except as may be necessary for safety purposes.
D.
There shall be no more than one nonoccupant employee employed in the home occupation.
E.
No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be produced or detected at or beyond the property line of the lot containing the home occupation.
F.
There shall be no exterior display or sign, except as may be permitted in Article VII, and no outside or unenclosed storage of materials associated with the business in the VC or RR Districts.
G.
Sufficient off-street parking spaces shall be provided for all home occupations. (See Table 1 for specific off-street parking requirements.)
H.
Included home occupations.
(1)
Home occupations may include, but need not be limited to, any of the following activities, provided that the individual offering the service resides in the dwelling, and provided further that such use is clearly incidental and secondary to the residential nature of the structure:
(2)
For the purposes of this chapter, a home occupation shall not be interpreted to include commercial stables; kennels; real estate offices; restaurants; antique shops; medical or dental clinics; tea rooms; tourist or rooming homes; animal hospitals; or mortuaries.
I.
Requests for other home occupations not specified above may, however, be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, such use may be approved.
§ 250-428 Farm-related businesses.
Farm-related businesses may be permitted in the Agricultural and Conservation Districts, but shall be subject to the following requirements.
A.
For the purposes of this chapter, a farm-related business shall be defined as an accessory commercial enterprise conducted on a farm parcel which is related to or supportive of an ongoing agricultural operation located on the same tract. All such operations shall remain clearly incidental or secondary to the principal agricultural use of the property.
B.
Farm-related businesses shall be conducted entirely within an enclosed building(s) typical of farm buildings, but not within the farm residence. All buildings used for farm-related businesses shall however remain compatible with the character of the farm.
C.
All signs used to advertise such facilities shall meet the requirements of Article VII of this chapter.
D.
Sufficient off-street parking spaces shall be provided for each farm-related business. (See Table 1 for specific off-street parking requirements.)
E.
Farm-related businesses may include, but need not be limited to, any of the following activities:
F.
Requests for other farm-related businesses not specified above may be submitted to the Zoning Hearing Board for consideration. Upon finding of the Board that such use complies with the criteria of this section, other applicable codes and ordinances, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located, the use may be approved.
§ 250-429 Accessory residential uses.
For the purposes of this chapter, accessory residential uses shall include apartments or dwelling units above or adjoining principal commercial uses in the Village Center District. Every such proposed use shall also meet the requirements outlined below.
A.
All such uses must remain secondary to the principal commercial use of the structure.
C.
The off-street parking requirements set forth in § 250-800 of this chapter shall be met for both the commercial and residential uses.
D.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the addition of the dwelling unit(s) and shall meet the requirements of the PA Department of Environmental Protection and all applicable local sewage regulations.
§ 250-430 On-lot storage.
The on-lot storage of materials, equipment or items of personal property, excluding junked or abandoned motor vehicles, may be permitted as an accessory use on any lot in all zoning districts. All such storage shall however be subject to the following standards. (See also § 250-432 for standards regarding the storage or accumulation of junked or abandoned motor vehicles.)
A.
Such storage shall be located on a lot occupied by the owner of the material, equipment, or other personal property.
B.
On-lot, unenclosed storage shall not occupy more than 400 square feet of any one parcel of land in any zoning district, except for products being used in the performance of agricultural activities.
C.
Such storage shall not constitute a nuisance nor create a safety hazard.
D.
No such storage shall be permitted in a front yard and shall be situated so as to meet the applicable side and rear yard requirements for the district in which it is located. The Zoning Officer may however approve an exception to the side or rear yard setback requirements for the storage of firewood where the adjoining property owner provides written consent.
E.
No part of a street right-of-way, sidewalk or other area designated for pedestrian use, and no required parking area shall be used for such storage.
F.
In the Rural Residential District, all unenclosed on-lot storage, except recreational vehicles and boats, shall be shielded from view from public streets and adjacent residential properties. A fence, wall or evergreen planting as provided in § 250-506 of this chapter shall be used to screen such on-lot storage.
G.
No on-lot storage shall be permitted in a floodway district.
H.
In the Village District, no more than one recreational vehicle and/or boat may be stored on a lot occupied by the owner of the vehicle of boat, provided that such vehicle or boat is not stored in a front yard or on-street.
I.
All recreational vehicles, boats and/or boat trailers being stored outside of an enclosed building shall be licensed, registered and/or inspected.
§ 250-431 Temporary uses and structures.
A temporary zoning permit may be issued for uses or structures during construction or other special circumstances of a nonrecurring nature. Such uses shall however be subject to the following standards.
A.
A temporary zoning permit shall be required for all temporary uses and structures. The life of a temporary permit shall not exceed an initial 180-day period, plus two additional ninety-day renewal periods, unless approved otherwise by the Zoning Hearing Board.
B.
All temporary uses shall met the minimum lot and yard standards of the district in which they are to be located.
C.
If the temporary use is to be located on land not owned by the applicant, the applicant shall present a written statement from the owner of the property in which he agrees to the temporary use of his property.
D.
Sufficient off-street parking spaces shall be provided for the temporary use.
E.
All temporary structures shall be removed from the site by the applicant upon expiration of the permit at no cost to the Township.
F.
No temporary structure or use shall be placed in the Floodway District. Every such structure to be placed in the Flood Fringe or General Floodplain District must comply with all applicable provisions contained in Article VI of this chapter. In addition, all temporary uses authorized within a flood-prone area shall be completely removed from the floodplain by the permittee if there is a threat of flooding or a flood warning is issued.
G.
Structures and uses permitted pursuant to § 250-433, Family care units, may be permitted to exceed 180 days plus two additional ninety-day periods. The expiration of the permit will be determined by the Eldred Township Zoning Hearing Board through the special exception process. Restoration and/or reuse of the structure shall be determined by the Eldred Township Supervisors upon expiration of the permit.
[Added 2-1-2006 by Ord. No. 02.01.2006]
§ 250-432 Junked or abandoned motor vehicles.
For the purposes of this chapter, the placement or accumulation of junked or abandoned motor vehicles on any property shall meet the following requirements. In addition, the provisions of § 250-417 of this chapter shall be met where applicable.
A.
No person, partnership or corporation shall store or maintain more than one junked or abandoned motor vehicle outside of an enclosed structure in any district in the Township for more than 30 days, except in conjunction with an approved legitimate business operation or where such vehicle is completely covered by a nontransparent tarp or other covering.
B.
It shall be considered unlawful and as being hazardous to the health, safety, and welfare of the Township residents to store a motor vehicle if said vehicle is leaking fluids; has broken glass; has jagged metal, plastic, or wooden material protruding from it; is a place for the breeding of rodents or other animals; is an attractive nuisance for children to be injured on; contains the storage of combustible fuels; contains the storage of poisonous liquids; and/or is improperly supported so that if the support collapses it could result in harm or injury; and if the location of the vehicle would impede the emergency and/or fire and rescue efforts to a property because of the inability to move the vehicle in case of an emergency or fire.
C.
In the Agricultural and Conservation Districts, disabled or unusable farm vehicles or equipment shall be exempt from these regulations, provided that they are set back a minimum of 50 feet from public rights-of-way and are concealed from view of residents on adjacent properties by the use screening as set forth in § 250-506 of this chapter.
§ 250-433 Family care unit.
[Added 2-1-2006 by Ord. No. 02.01.2006]
For purposes of this chapter, family care units will be considered an accessory use to a single-family detached dwelling.
A.
Limitations and conditions for occupancy or continuation of occupancy may be established by the Zoning Hearing Board including, but not limited to, life tenure of the resident family member, prohibition of commercial rental or compensation and the like.
B.
Where a family care unit is to be connected to the existing sewage system for the principal residence, the applicant shall secure a permit for the modification to connect such unit to the sewage or shall secure a temporary sewage permit.
C.
Where a live-in attendant is necessary, notification of the Zoning Officer, Codes Officer and the Sewage Enforcement Officer is required in advance of such occupancy.
D.
The zoning permit shall be issued as a temporary permit only, with the duration of the permit, as approved in the special exception by the Zoning Hearing Board, specifically noted on the permit.
E.
If the duration of the zoning permit is limited to specific use or family circumstance, when that circumstance no longer exists, the permit thereupon shall become null and void.
F.
Where a freestanding temporary structure is proposed, the zoning permit may be limited to a specified structural type which will facilitate removal of the structure upon expiration of the zoning permit.
G.
Restoration of the site to preexisting conditions and/or adaptive reuse of the new structure may be required by the Zoning Hearing Board and/or Zoning Officer, where appropriate.
H.
The Eldred Township Zoning Officer and Codes Officer may conduct a periodic compliance review and inspection of the family care unit permits and uses.
§ 250-434 Oil and gas activity.
[Added 12-4-2013 by Ord. No. 12.04.2013]
Oil and gas activity may be permitted only in those zoned districts as specified in Article III. Such operations shall comply with all state and federal regulations, as well as any local regulations. All local, state or federal permits must be submitted with the application to the Township.
A.
Permit requirement. A conditional use zoning permit shall be required prior to the commencement of all new gas or oil well sites, development and activities, and to the addition to any existing activity or sites that materially alter the size or location of the existing site or activity.
[Amended 12-3-2014 by Ord. No. 12.03.2014]
B.
Permit application. The applicant shall provide the Township with the following information at the time or permit application:
(1)
All information required on the zoning permit application.
(2)
A site address for the site in compliance with the Lycoming County 911 addressing system.
(3)
A certificate or other evidence satisfactory to the Township that applicant has complied with the Township Road Bonding and Weight Restriction Ordinance.