Falls Township City Zoning Code
ARTICLE IV
District Regulations
§ 209-11 Conformity required.
No building or structure shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, fully or in part, nor shall any land be designed, used or physically altered, for any purpose or in any manner other than in conformity with this chapter. Where a lot is formed from a part of a lot already occupied by a building, such subdivision will be effected in such a manner as not to impair any of the requirements of this chapter and other open space in connection therewith and so that all resulting lots will have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have direct access to a street.
§ 209-12 LR Low-Density Residential District.
A.
Purpose. The purpose and intent of this district is to maintain the existing low-density residential character at appropriate areas, to encourage the preservation of permanent open space and preserve natural tree growth by providing appropriate standards, to exclude activities incompatible with such development and to create such conditions as are conducive to carrying out the broad purposes of this chapter.
B.
Principal permitted uses.
(1)
Growing and harvesting of crops.
(2)
Single-family detached dwelling.
(3)
Public playgrounds, conservation areas and parks.
(4)
Telephone central exchange building; utility lines; electrical substations; and other utilities, structures or uses exclusive of office, sales, storage, maintenance or other facilities not directly related to the right-of-way, collection or distribution activities of the utilities.
(5)
Place of worship.
(6)
School.
(7)
Open space preservation.
(8)
No-impact home-based business.
(9)
Family day-care home.
(10)
Group home, provided that the minimum off-street parking required in § 209-42 is provided, plus:
(a)
One additional space for each additional nonresident staff person; and
(b)
One additional space for every additional two residents over the initial five residents, unless satisfactory proof is submitted to the Township that such individuals are incapable or not permitted to operate a motor vehicle during the period of residency at the facility.
C.
Minimum lot size shall be 15,000 square feet.
E.
Accessory buildings, structures or uses permitted. Accessory buildings, structures or uses on the same lot as and customarily incidental to any of the foregoing permitted uses and uses permitted as special exceptions or by conditional use. Accessory buildings, structures or uses shall not include business operations. Accessory buildings, structures and uses shall also comply with the requirements of § 209-34 in Article V, General Regulations, and Table 1.
(1)
Private garage or parking area. Private accessory garages shall be limited in size to 500 square feet of floor area and 16 feet in height. Garages in excess of these dimensions shall meet the area and dimensional requirements for principal buildings.
(4)
Passenger shelter for railroad or bus.
(5)
Keeping of fowl/poultry, subject to the following conditions:
(a)
Minimum lot size of 1/2 acre.
(b)
No more than three chicken hens on lots less than two acres.
(c)
No more than 10 chicken hens on lots greater than two acres.
(d)
No chicken coop in front yard.
(e)
Keeping of roosters is prohibited.
(f)
Chicken hens to be kept in a roofed coop that is stationary, secure and enclosed in a manner to contain the chickens.
(g)
Chicken coop to be a minimum of 100 feet from any property line, except in the Historical District, where minimum setback shall be 20 feet.
(h)
Maximum coop size of 30 square feet; minimum coop size is three square feet per chicken.
(i)
Outside run permitted when attached to coop, but must be screened from view at ground level from adjacent lots by fencing, landscaping or a combination thereof.
(j)
Chickens shall not be permitted to run at large.
(k)
Sanitary requirements must be met, including:
[1]
Removal of chicken feces using the approved sanitary method of double bagging and placement in trash for collection unless composted as provided herein.
[2]
No accumulation of chicken feces to the degree that it becomes a public health nuisance or hazard, subject to inspection by Township Code Enforcement Officer.
[3]
Composting is permitted on property where chickens are allowed and compost may be applied to gardens or yards, subject to prohibition against deposit of compost on any other premises in the Township.
[4]
Slaughtering or butchering permitted for personal consumption or religious practices, provided any waste is disposed of in a sanitary manner.
[5]
Slaughtering or butchering for commercial use is prohibited unless approved by the Pennsylvania Department of Agriculture.
[6]
All feed, water and other items used for the keeping of chicken hens shall be protected in order to prevent infestation by rats, mice, or other rodents or vectors.
(6)
Private residential accessory buildings, structures or uses, provided that they do not exceed 500 square feet in floor area and 16 feet in height, subject to the setback requirements in Table 1. Accessory buildings, structures, or uses in excess of these dimensions shall meet the area and dimensional requirements for principal buildings.
[Added 6-18-2019 by Ord. No. 2019-02]
F.
Maximum building and structure height. No building and/or structure shall exceed 30 feet in height, except as may be specifically permitted by the terms of this chapter.
§ 209-12.1 OSP Open Space Preservation District.
A.
Purpose. The purpose and intent of this district is to maintain and preserve existing open spaces at appropriate areas, to encourage the preservation of permanent open space and preserve natural tree growth by providing appropriate standards, to exclude activities incompatible with such development and to create such conditions as are conducive to carrying out the broad purposes of this chapter.
B.
Principal permitted uses.
(1)
Growing and harvesting of crops.
(2)
Public playgrounds, conservation areas and parks.
(3)
Telephone central exchange building; utility lines; electrical substations; and other utilities, structures or uses exclusive of office, sales, storage, maintenance or other facilities not directly related to the right-of-way, collection or distribution activities of the utilities.
(4)
Single-family detached dwelling, subject to the requirements set forth for such use in the LR District.
(5)
No-impact home-based business.
(6)
Other uses of the same general nature.
C.
Maximum building and structure height. No building and/or structure shall exceed 30 feet in height, except as may be specifically permitted by the terms of this chapter.
§ 209-13 LMR Low-Medium Density Residential District.
A.
Purpose. The purpose and intent of this district is to provide areas in the Township where new residential growth can be accommodated and to preserve and encourage the preservation of open spaces and natural tree growth by providing appropriate standards, to exclude activities incompatible with said development and to create conditions conducive to carrying out the broad purposes of this chapter.
B.
Principal permitted uses.
(1)
Growing and harvesting of crops.
(2)
Single-family detached dwelling.
(3)
Public playgrounds, conservation areas and parks.
(4)
Telephone central exchange building; utility lines; electrical substations; and other utilities, structures or uses exclusive of office, sales, storage, maintenance or other facilities not directly related to the right-of-way, collection or distribution activities of the utilities.
(5)
Place of worship.
(6)
School.
(7)
Open space preservation.
(8)
No-impact home-based business.
(9)
Family day-care home.
C.
Accessory buildings, structures or uses permitted.
(1)
Private garage or parking area. Private accessory garages shall be limited in size to 500 square feet of floor area and 16 feet in height. Garages in excess of these dimensions shall meet the area and dimensional requirements for principal buildings.
(4)
Passenger shelter for railroad or bus.
(5)
Keeping of fowl/poultry, subject to the conditions set forth in § 209-12E(5).
(6)
Private residential accessory buildings, structures or uses, provided that they do not exceed 500 square feet in floor area and 16 feet in height, subject to the setback requirements in Table 1. Accessory buildings, structures, or uses in excess of these dimensions shall meet the area and dimensional requirements for principal buildings.
[Added 6-18-2019 by Ord. No. 2019-02]
D.
Maximum building and structure height. No building and/or structure shall exceed 30 feet in height, except as may be specifically permitted by the terms of this chapter.
§ 209-14 MR Medium-Density Residential District.
A.
Purpose. The purpose and intent of this district is to provide single-family residential areas and to encourage the preservation of permanent open space by providing appropriate standards, to exclude activities incompatible with residential development and to create conditions conducive to carrying out the broad purposes of this chapter.
B.
Principal permitted uses.
(1)
Growing and harvesting of crops.
(2)
Single-family detached dwelling.
(3)
Public playgrounds, conservation areas and parks.
(4)
Telephone central exchange building; utility lines; electrical substations; and other utilities, structures or uses exclusive of office, sales, storage, maintenance or other facilities not directly related to the right-of-way, collection or distribution activities of the utilities.
(5)
Place of worship.
(6)
School.
(7)
Open space preservation.
(8)
No-impact home-based business.
(9)
Family day-care home.
C.
Accessory buildings, structures or uses permitted.
(1)
Private garage or parking area. Private accessory garages shall be limited in size to 500 square feet of floor area and 16 feet in height. Garages in excess of these dimensions shall meet the area and dimensional requirements for principal buildings.
(3)
Private residential accessory buildings, structures or uses, provided that they do not exceed 500 square feet in floor area and 16 feet in height, subject to the setback requirements in Table 1. Accessory buildings, structures, or uses in excess of these dimensions shall meet the area and dimensional requirements for principal buildings.
[Amended 6-18-2019 by Ord. No. 2019-02]
(5)
Passenger shelter for railroad or bus.
(6)
Keeping of fowl/poultry, subject to the conditions set forth in § 209-12E(5).
D.
Maximum building and structure height. No building and/or structure shall exceed 30 feet in height, except as may be specifically permitted by the terms of this chapter.
§ 209-15 MHR Medium-High-Density Residential District.
A.
Purpose. The purpose and intent of this district is to provide single-family residential areas at relatively high densities which maintain adequate permanent open space by providing appropriate standards, to exclude activities incompatible with residential development and to create conditions conducive to carrying out the broad purposes of this chapter.
B.
Principal permitted uses.
(1)
Growing and harvesting of crops.
(2)
Single-family detached dwelling.
(3)
Public playgrounds, conservation areas and parks.
(4)
Telephone central exchange building; utility lines; electrical substations; and other utilities, structures or uses exclusive of office, sales, storage, maintenance or other facilities not directly related to the right-of-way, collection or distribution activities of the utilities.
(5)
Place of worship.
(6)
School.
(7)
Open space preservation.
(8)
No-impact home-based business.
(9)
Family day-care home.
(10)
Group day-care home.
C.
The following uses shall be permitted when authorized by the Zoning Hearing Board as a special exception. (See § 209-50.) Such uses shall occupy not less than five acres of land.
(1)
Convalescent home.
(2)
Hospital.
(3)
Cemetery.
(4)
Club or lodge organized for fraternal or social purposes, provided that the chief activity shall not be one which is customarily carried on as a business, and provided that the buildings and services shall be for the use of members and their guests only.
(5)
Single-family detached lot line dwelling (zero lot line).
D.
Accessory buildings, structures or uses permitted.
(1)
Private garage or parking area. Private accessory garages shall be limited in size to 500 square feet of floor area and 16 feet in height. Garages in excess of these dimensions shall meet the area and dimensional requirements for principal buildings.
(4)
Passenger shelter for railroad or bus.
(5)
Keeping of fowl/poultry, subject to the conditions set forth in § 209-12E(5).
(6)
Private residential accessory buildings, structures or uses, provided that they do not exceed 500 square feet in floor area and 16 feet in height, subject to the setback requirements in Table I. Accessory buildings, structures, or uses in excess of these dimensions shall meet the area and dimensional requirements for principal buildings.
[Added 6-18-2019 by Ord. No. 2019-02]
E.
Maximum building and structure height. No building and/or structure shall exceed 30 feet in height, except as may be specifically permitted by the terms of this chapter.
§ 209-16 HR High-Density Residential District.
A.
Purpose. The purpose and intent of this district is to provide areas for attached dwellings at appropriate locations on arterial and collector streets and near convenient shopping, to broaden the Township's housing base and therefore serve a greater variety of housing needs, to provide reasonable standards to prevent overcrowding of land, to regulate the density of population and to avoid undue congestion in the streets, to allow for the harmonious development of attached dwellings and to create conditions conducive to carrying out the broad purposes of this chapter.
B.
Principal permitted uses.
(1)
Growing and harvesting of crops.
(2)
Single-family detached dwelling.
(3)
Public playgrounds, conservation areas and parks.
(4)
Telephone central exchange building; utility lines; electrical substations; and other utilities, structures or uses exclusive of office, sales, storage, maintenance or other facilities not directly related to the right-of-way, collection or distribution activities of the utilities.
(5)
Place of worship.
(6)
School.
(7)
Open space preservation.
(8)
No-impact home-based business.
(10)
Multiple-family dwelling.
(11)
Two-family dwelling (Twin or duplex dwelling).
(12)
Family day-care home.
C.
Accessory buildings, structures or uses permitted.
D.
Maximum building and structure height.
(1)
No building without passenger elevator service shall exceed 35 feet in height and/or 3 1/2 stories.
(2)
No building with passenger elevator service shall exceed 80 feet in height and/or eight stories.
(3)
No building and/or structure shall exceed 35 feet in height, except as may be specifically permitted by the terms of this chapter.
E.
Density requirements. Maximum number of dwelling units per gross acre shall be as follows:
Building Type | Number of Dwelling Units/Acre |
|---|---|
Single-family detached | 5 |
Single-family detached lot line dwelling | 5 |
Two-family dwelling (twin or duplex) | 10 |
Townhouse and single-family attached dwelling | 20 |
Apartment building | 20 |
Multiple-family dwelling | 20 |
I.
Recreation. No site plan for townhouse/attached dwelling development shall be approved that does not specifically set aside space usable for outdoor recreation amounting to a minimum of 10% of the gross tract area.
§ 209-16.1 HR-TH High-Density Townhouse Residential District.
A.
Principal permitted uses.
(1)
Townhouse and other single-family attached dwelling.
(2)
No-impact home-based business, provided that such use shall not supersede any deed restriction, covenant or agreement restricting the use of land, or any master deed, bylaw or other document applicable to a common interest ownership community.
(3)
Family day-care home.
B.
Area and yard requirements. In addition to the area and yard requirements provided in Table 2A[1], the following regulations shall apply:
(1)
Each townhouse building shall contain not fewer than four and no more than eight dwelling units joined by common walls, provided that no more than two buildings shall be located sequentially without an offset.
(2)
The maximum number of townhouse units that can be constructed in a building without offset shall be four.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
D.
Open space.
(1)
No site plan shall be approved that does not specifically set aside for park or recreation an area equivalent to 10% of the gross tract area.
(2)
Ownership. The following forms of ownership shall be used to preserve, own or maintain open space:
(a)
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the state condominium law (Unit Property Act of 1963)*. All open space land shall be held as common elements. Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this section and then only when there is no change in the open space ratio.
(b)
Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all the provisions of the homeowners' association set forth in Article VII of the Pennsylvania Municipalities Planning Code and/or other applicable Pennsylvania statutes.
(c)
Dedication of easement to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common open space, subject to review and approval of any easement agreement by the Township Solicitor. In such cases, the common open space shall remain in the ownership of the community association or private conservation organization while the Township holds the easements. In addition, the following regulations shall apply:
(d)
Private conservation organization or the county. With permission of the Township, an owner may transfer either fee simple title of the common open space or easements on the common open space to a private nonprofit conservation organization (the conservation organization) or to Bucks County, provided that:
[1]
The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;
[2]
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the conservation organization becomes unwilling or unable to continue carrying out its functions;
[3]
The common open space is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and
[4]
A maintenance agreement acceptable to the Township is established between the owner and the conservation organization.
(3)
Such open space shall be suitable for use as a park, playground, pedestrian accessway, school or other similar public purpose or, if warranted by topography, vegetation or natural character, be left open with no particular use assigned to it.
(4)
Maintenance. In the event that the entity established to maintain the common open space, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of Bucks County. In addition, any escrow funds may be forfeited and any permits may be revoked or suspended.
E.
Buffer yards.
(2)
Special buffer requirements.
(a)
The buffer yard shall be part of the open space. No more than 20 feet of the interior portion of the buffer area may be used as lot area assigned to a dwelling unit.
(b)
No structure or storage of materials shall be permitted in the buffer yard.
(c)
All buffer yards shall include a dense screen planting of trees, shrubs and/or other plant materials, running the length of the lot line so as to serve as a barrier to visibility, airborne particles, glare and noise. Such screen plantings shall be located within the exterior 30 feet of the buffer yard and shall be in accordance with the following requirements:
[1]
Plant materials used in the screen planting shall be at least six feet high when planted, and be of such species as will produce ultimately a dense visual screen at least eight feet high.
[2]
The screen planting shall be maintained permanently, and any dead plant material shall be replaced within one year.
[3]
The screen planting shall be no closer than three feet to any street or property line at maturity.
[4]
A clear sight triangle shall be maintained at all street intersections at all points where private accessways intersect public streets, consistent with the Township's Subdivision and Land Development Ordinance, specifically § 191-34.
[5]
The screen planting shall be broken only at points of vehicular or pedestrian access.
[6]
The plant materials shall be adaptable to the specific planting site and to achieve the specific design objectives of the plan.
F.
Maximum building and structure height. No building and/or structure shall exceed 35 feet in height, except as may be specifically permitted by the terms of this chapter.
G.
Maximum density: 10 dwelling units per acre.
§ 209-17 AQ Age Qualified District.
A.
Purpose. The purpose and intent of this district is to provide appropriate areas for housing to serve the specific needs of individuals and/or families over the age of 55 at locations in the Township where convenient shopping, public transportation and other services are immediately available, to provide reasonable standards to prevent overcrowding of the land, and to regulate density of population and to avoid undue congestion in the streets.
B.
Principal permitted uses.
(1)
All uses permitted in HR High-Density Residential District regulations, § 209-16B, provided that any such use is available only to individuals and/or families over the age of 55, with exceptions to this age requirement to be permitted only to the extent allowable under the provisions of the federal Fair Housing Act, and specifically including spouses, adult children and caregivers as allowed under that Act; provided, however, that no children under the age of 21 may reside permanently within any dwelling unit within this zoning district.
(5)
No-impact home-based business.
C.
Accessory buildings, structures or uses permitted.
(1)
Accessory building, structures or uses permitted in HR High-Density Residential Districts, § 209-16C, subject to age qualification specific to this zoning district.
(2)
Laundry room or recreation room.
(3)
Beauty shop, barbershop, stationery and paper store and other small services intended to service only the residents of the housing development without exterior signs or advertisements to the general public.
(4)
Clubhouse within age-qualified housing community.
(5)
Health services and facilities intended for the diagnosis, treatment, care and rehabilitation of persons residing in this district.
(6)
Accessory uses of a recreational or social nature consistent with the principal permitted uses allowed in this district.
E.
Density requirements. Density shall not exceed 10 dwelling units per acre of gross tract area.
F.
Minimum dwelling unit size. Minimum dwelling unit size shall be as follows:
(1)
One-bedroom units shall have a minimum of 500 square feet.
(2)
A single-room dwelling unit, known as an "efficiency apartment" shall have a minimum of 400 square feet.
(3)
Two-bedroom dwelling units shall have a minimum of 620 square feet.
(4)
Dwelling units with three or more bedrooms shall have a minimum of 850 square feet.
J.
Recreational space and integrated walkway systems. No site plan shall be approved that does not specifically set aside for park or recreation usage an area equivalent to 10% of the gross tract area, nor shall any plan be approved which does not include an integrated walkway system for the safety, exercise and convenience of residents.
K.
Compliance with all federal and state standards for construction of housing for seniors and the disabled shall be required.
§ 209-18 MHC Manufactured Home Community District.
A.
Purpose. The purpose and intent of the MHC Manufactured Home Community District is to provide areas at suitable locations in the Township for manufactured home communities and to provide reasonable density, area and yard requirements suitable to this type of housing, to provide standards for adequate open space and accessory uses typically required of residents of manufactured communities, to exclude activities incompatible with manufactured home community development and to create conditions conducive to carrying out the broad purposes of this chapter. No structure or land shall hereafter be used, and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered in the MHC Manufactured Home Community District, except in full compliance with the terms and provisions of this section, as well as the provisions of Chapter 131 (relating to floodplain management).
D.
Accessory buildings, structures or uses permitted.
(1)
Structures used solely for utility, operational maintenance or other similar facilities solely for the use and benefit of the occupants of the manufactured home community.
(2)
Off-street parking and private garage.
(3)
Up to five homes may be stored as displays for the sale of manufactured homes for use at the site.
(4)
Recreation uses or facilities exclusively for the use of residents and their guests.
(6)
No-impact home-based business.
E.
Density requirements. Density shall not exceed seven manufactured home sites per acre of gross tract area.
H.
Recreation. No site plan for manufactured home community development shall be approved that does not specifically set aside space that is usable for open space amounting to a minimum of 40% (10% of which is to be used for outdoor recreation) of the gross tract area.
I.
Requirements for noncombustible roofed and/or screened patios and covers. Roofed and/or screened (but not otherwise enclosed) patios and covers, if constructed of noncombustible material, shall be located a minimum of 10 feet from neighboring manufactured homes.
K.
Maximum building and structure height. No manufactured home shall exceed one story in height. No other building or structure may exceed 30 feet in height, except as may be specifically permitted by the terms of this chapter.
§ 209-19 HD Historical District; historical buildings in other districts.
A.
Purpose. The purpose and intent of the HD Historical District is to protect those historical areas and buildings which have a distinctive character recalling the rich architectural and historical heritage of Falls Township and to make therein a source of inspiration to future Township residents and to promote the general welfare; education and culture of this Township.
B.
General requirements for the Historical District.
(1)
Property in the Historical District shall be subject to all of the requirements of the NCR Neighborhood Conservation Residential District regulations, and may be used for any use permitted in the NCR Neighborhood Conservation Residential District. No building or structure shall hereafter be erected, reconstructed, altered, restored, demolished or razed in whole or in part within said Historical District unless and until certified as appropriate by the Board of Supervisors as to exterior architectural features, including signs visible from public streets or highways.
(2)
The Board of Supervisors, in determining whether or not to certify the appropriateness of the erection, modification or razing of a building in whole or in part, shall consider the effect which the proposed change will have upon the general historic and architectural nature of the district. The Board of Supervisors shall consider whether the general design, arrangement, texture, materials and color of the proposed building or structure is consistent with other buildings or structures in the district, and, if the proposed action does not detract from the character of the district, shall issue a certificate of appropriateness authorizing a permit for the erection, reconstruction, alteration, restoration, demolition or razing of a building in whole or in part. Disapproval of the Board of Supervisors shall be in writing, giving the reasons therefor, and a copy thereof shall be given to the applicant, to the Code Enforcement Office and to the Pennsylvania Historical and Museum Commission.
(3)
The Board of Historical Architectural Review shall give counsel to the Board of Supervisors regarding the advisability of issuing any certificate of appropriateness.
(4)
No-impact home-based business is a permitted use in the HD District, where such business is located in a dwelling, but such business must be conducted in a manner consistent with the requirements of the HD District regulations.
C.
General requirements for historically designated buildings located outside the Historical District.
(1)
No building shall be reconstructed, altered, restored, demolished or razed which has been designated on the Falls Township Zoning Map as historic unless and until a certificate of appropriateness has been received from the Board of Supervisors as to exterior architectural features.
(2)
The Board of Supervisors, in determining whether or not to certify the appropriateness of the erection, modification or razing of a building in whole or in part, shall consider the general design, arrangement, texture, materials and color of the building or structure or the characteristics of the building which contribute to its historical significance.
(3)
Any tract or lot for which a development is proposed requiring site plan approval under this chapter, any amendment thereof, or the Falls Township Subdivision and Land Development Regulations which contains one or more historic buildings designated on the Falls Township Zoning Map, irrespective of the zoning district within which such building is located, shall conform to the requirements of Subsection C(1) and (2) if the historic buildings are to be reconstructed, altered, restored, demolished or razed, and no plan shall be approved or permit issued prior to the issuance of a certificate of appropriateness if such historic buildings are to be reconstructed, altered, restored, demolished or razed.
§ 209-20 NCR Neighborhood Conservation Residential District.
A.
Purpose. The purpose and intent of the NCR Neighborhood Conservation Residential District is to retain the character of existing single-family residential areas, to maintain and enhance the residential qualities in the substantially developed residential portions of the Township and to provide for the preservation of permanent open space.
B.
Principal permitted uses.
(1)
Growing and harvesting of crops.
(2)
Single-family detached dwelling.
(3)
Public playgrounds, conservation areas and parks.
(4)
Telephone central exchange building; utility lines; electrical substations; and other utilities, structures or uses exclusive of office, sales, storage, maintenance or other facilities not directly related to the right-of-way, collection or distribution activities of the utilities.
(5)
Place of worship.
(6)
School.
(7)
Open space preservation.
(8)
No-impact home-based business.
(9)
Family day-care home.
C.
Accessory buildings, structures or uses permitted. Accessory buildings, structures or uses on the same lot as and customarily incidental to any of the foregoing permitted uses and uses permitted as special exceptions. Accessory buildings, structures or uses shall not include business operations. Accessory buildings, structures and uses shall also comply with the requirements of § 209-34 in Article V, General Regulations, and Table I.[1]
(1)
Private garage or parking area. Private accessory garages shall be limited in size to 500 square feet of floor area and 16 feet in height. Garages in excess of these dimensions shall meet the area and dimensional requirements for principal buildings.
(4)
No stove is permitted in an accessory building.
(5)
Passenger shelter for railroad or bus.
(6)
Keeping of fowl/poultry, subject to the conditions set forth in § 209-12E(5).
[1]
Editor's Note: Said table is included as an attachment to this chapter.
D.
(Reserved)
E.
Maximum building and structure height. No building and/or structure shall exceed 30 feet in height, except as may be specifically permitted by the terms of this chapter.
§ 209-20.1 IN Institutional District.
A.
Purpose. The purpose and intent of this district is to provide reasonable standards for the development and establishment of areas where both public and private institutional uses, such as schools, hospitals, parks, community colleges or educational centers, nursing homes and public buildings, may be located in accordance with the directives and recommendations of the Township's Comprehensive Plan, as amended.
B.
Principal permitted uses.
(1)
Place of worship.
(2)
School.
(3)
College, seminary and other institutes of higher education.
(4)
Essential services.
(5)
Public or private library.
(6)
Hospital.
(7)
Museum.
(8)
Day-care center.
(9)
Nursing home or convalescent home.
(10)
Parks, playgrounds, government offices, municipal services, fire stations and other uses incidental to the administration of the Township.
(11)
Bank.
(12)
Health services clinic for outpatient care.
C.
Accessory buildings, structures or uses permitted.
D.
Maximum building and structure height. No building and/or structure shall exceed 50 feet in height.
H.
Conditional uses permitted.
(1)
Assisted living facility.
(2)
Congregate housing: housing for seniors, providing at least one prepared meal per day, in a common dining room. Such housing may also provide medical and social services over and above what might be typically provided in a standard senior citizen apartment complex.
(3)
Senior housing: housing (either subsidized or unsubsidized) specifically designed and built for occupancy by senior persons in substantially similar fashion to standard multifamily dwellings but not providing the same services as congregate housing.
(4)
Hotel or motel.
(5)
Office building.
§ 209-22 NC Neighborhood Commercial District.
A.
Purpose. The purpose of the NC Neighborhood Commercial District is to allow for small areas throughout the Township where small retail and service businesses may be located primarily for the convenience of the residents of the immediate neighborhood. Development in these areas shall be designed to enhance and improve commercial centers by ensuring an adequate traffic circulation plan developed so that each building does not have its own access points to the highways. The building appearances and signs shall be compatible, and parking facilities shall be interrelated and capable of common usage where advisable.
B.
Principal permitted uses.
(1)
Convenience shops, including grocery store, drugstore, gift shop, hardware store, and clothing store, except as prohibited in § 209-22J.
(2)
Automatic self-service laundry, baked goods store, confectionary store, shoe repair and dry-cleaning store, or laundry where laundering and dry cleaning are performed on the premises.
(3)
Office building and professional offices, including medical, dental, realty, insurance, law offices, accounting services and governmental services.
(4)
Bank.
(5)
Barbershop and beauty shop.
(6)
Public or private library.
(7)
Restaurant.
(8)
Brewery, microbrewery, micro-winery, distillery, brew pub.
(9)
Day-care center.
(10)
Other uses of the same general nature.
C.
Accessory buildings, structures or uses permitted.
(1)
Off-street parking.
(3)
Off-street loading areas.
(4)
Garages to house delivery trucks or other vehicles.
(5)
Vending machines.
(6)
Machines for amusement, entertainment and/or the rendition of music, provided that they comply with the requirements set forth in § 209-50.1.
(7)
Drive-through facility, subject to conditional use approval and subject to the requirements set forth in § 209-23E(8).
(8)
Outdoor dining areas when accessory to a restaurant or bar/tavern.
[Added 8-16-2021 by Ord. No. 2021-12]
D.
Maximum building and structure height. No building and/or structure shall exceed 25 feet in height.
F.
General requirements.
(1)
One building may contain more than one use, and each use will occupy a minimum gross floor area of 750 square feet, provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for this district.
(2)
At least the first 20 feet adjacent to any street line shall not be used for parking and shall be planted and maintained as lawn area, ground cover or landscaped with evergreen shrubbery separated from the parking area by curbing.
(3)
No merchandise, products, equipment or similar materials or objects shall be displayed or stored outside.
(4)
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time.
(5)
All improved areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, grass or similar plantings and maintained in good condition.
(6)
All building walls facing any street or residential district shall be suitably finished for aesthetic purposes.
G.
Minimum off-street parking.
(2)
The Zoning Hearing Board may grant a special exception to reduce parking requirements by a maximum of 15%, subject to the provisions of § 209-23I(2).
§ 209-23 HC Highway Commercial District.
A.
Purpose. The purpose and intent of this district is to provide reasonable standards for the orderly development of highway-oriented business and commercial uses, to provide for the development of those businesses which, due to the nature of their activity, must be located with adequate street frontages along major roads, and to have a service radius generally wider than the immediate neighborhood. The provisions are designed to curtail further evolution of strip commercial growth.
B.
Principal permitted uses.
(1)
Convenience shop, including grocery store, drugstore, gift shop, hardware store, and clothing store.
(2)
Automatic self-service laundry, baked goods store, confectionary store, shoe repair and dry-cleaning store, or laundry where laundering and dry cleaning are performed on the premises.
(3)
Office building and professional office, including medical, dental, realty, insurance, law offices, accounting services and governmental services.
(4)
Barbershop and beauty shop.
(5)
Library.
(6)
Day-care center.
(7)
Restaurant, bar, club or lounge.
(8)
Garden center.
(9)
Bank, including accessory drive-through facility.
(10)
Theater.
(11)
Newspaper publishing or printing establishment.
(12)
Hospital.
(13)
Retail sale of furniture, furnishings and appliances.
(14)
Showrooms for the sale of new and used automobiles by authorized factory dealers with accessory uses of outdoor automobile sales and service repair building when conducted on the same lot.
(15)
Fitness center, gymnasium.
(16)
Nursing home or convalescent home.
(17)
Assisted living facility.
(18)
Sober living environment, provided that the minimum off-street parking required in § 209-42 is provided.
(19)
Rooming house or boarding house.
(20)
Brewery, microbrewery, micro-winery, distillery, brew pub.
C.
Uses permitted as special exceptions.
(1)
Beverage distribution center.
(2)
Place of assembly other than a theater.
(3)
Funeral home/mortuary services.
(4)
Auction building.
(5)
Lumberyard.
(6)
Medical marijuana dispensary, subject to the specific criteria listed below:
(a)
A medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any Township approval shall immediately become void. A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(b)
A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
(c)
A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or object, from the nearest point on the property line of a residentially zoned property or a parcel containing a public, private or parochial school, day-care center, place of worship, public park, or community center.
(d)
A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales and no sidewalk displays shall be permitted. No drive-thru services shall be permitted. The use cannot be advertised on radio or television.
(e)
A medical marijuana dispensary shall be limited to the hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.
(f)
A medical marijuana dispensary shall submit a disposal plan to be reviewed and approved by the Township. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
(g)
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is located.
(i)
No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.
(j)
A medical marijuana dispensary shall submit a security plan to the Township, which plan shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[2] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
[2]
Editor's Note: See 35 P.S. § 10231.1102.
D.
Conditional uses permitted.
(1)
Hotel or motel.
(2)
Motor vehicle repair garage.
(3)
Car wash.
(4)
Restaurant with a drive-in or walk-up.
(5)
Sales of new and used vehicles, including automobiles, trucks, boats, motorcycles and recreational vehicles, except as specified above in § 209-23B(14).
(6)
Motor vehicle fueling station.
E.
Accessory buildings, structures and uses permitted.
(1)
Off-street parking.
(2)
Fences and walls.
(3)
Off-street loading areas.
(4)
Garages to house delivery trucks or other vehicles.
(5)
Parking garages.
(6)
Vending machines.
(7)
Machines for amusement, entertainment and/or the rendition of music, provided that they comply with the standards set forth in § 209-50.1.
(8)
Accessory drive-through facility. A drive-through facility is any vehicle-related commercial facility where a service is provided, or goods, food, or beverages are sold to the operator of or passengers in a vehicle without the necessity of the operator or passengers disembarking from the vehicle. Any facility which proposes a drive-through or drive-up window as an accessory facility to a retail, service, financial, restaurant, or other use where customers are served in their vehicles shall be permitted only by conditional use and shall be subject to the following standards:
(a)
General standards.
[1]
The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts. A bypass lane/escape lane shall be provided for all drive-through facilities.
[2]
To minimize the impact of drive-through facilities located adjacent to residential uses, hours of operation shall be set as a condition of approval of the use.
[3]
Frontage requirements. Minimum lot frontage on at least one street shall be 150 feet for all principal uses with accessory drive-through facilities to ensure adequate room for access drives.
[4]
The driveway entrance and exit lane of a drive-through facility must be set back at least 100 feet from an intersection.
(b)
Stacking distance.
[1]
A stacking area, separated from other traffic circulation on the site, shall be provided for vehicles waiting for service in the drive-through lane.
[2]
The stacking distance shall be as follows:
Use | Minimum Number Vehicles | Lane Length (feet) |
|---|---|---|
Eating place | 6 | 132 |
Bank | 6 | 132 |
Car wash | 10 | 220 |
Dry cleaner | 2 | 44 |
Pharmacy | 7 | 154 |
Other uses | 6 | 132 |
(9)
Outdoor dining, when accessory to a permitted bar, restaurant, club or lounge.
[Added 8-16-2021 by Ord. No. 2021-12]
F.
Maximum building and structure height. No building and/or structure shall exceed 50 feet in height, except as may be specifically permitted by the terms of this chapter.
H.
General requirements.
(1)
Any principal building may contain more than one principal permitted use and/or organization. Any lot may contain more than one permitted building, provided that each principal building is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision and land development regulations, including frontage on a public street. One building may contain more than one use, provided that the total building coverage of the combined use does not exceed the maximum building coverage specified for this district and, further, that each use and/or tenant occupies a minimum gross floor area of 750 square feet.
(2)
At least the first 30 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in a lawn area, ground cover or landscaped with evergreen shrubbery and separated from the parking area by approved permanent curbing, except as otherwise provided under this chapter.
(3)
Outside displays.
(a)
No merchandise, products, equipment or similar materials or objects shall be displayed or stored outside except in those instances where the peculiar nature of the business in permitted use, use by special exception or by conditional use normally requires outside display. This exception would include:
(b)
Outside displays must conform to and not infringe upon setback areas, buffer areas and planting areas.
(4)
All improved portions of the property not utilized by buildings or paved surfaces shall be landscaped, using combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees common to the area, in order to maintain or reestablish the tone of vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planted for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring the capacity of any natural or man-made drainage system. The drainage system shall comply with the Township Stormwater Management Ordinance.[6]
(5)
Waste for disposal shall be stored in a closed container which should be adequately screened from all streets and adjacent residential areas and should be of sufficient capacity so that overflow does not occur.
(6)
All building walls facing any street or residential district shall be suitably finished for aesthetic purposes.
I.
Minimum off-street parking.
(2)
The Zoning Hearing Board may grant a special exception to reduce the combined parking requirements for uses on adjacent parcels held in single and separate ownership on the effective date of this chapter by a maximum of 15%, subject to the following regulations:
(a)
The adjacent uses must be compatible, and none shall be residential, industrial or any other use not conforming to the requirements of this district.
(b)
The parking lot shall be designed in such a manner as to conform to the requirements in Subsection H, with the exception that the parking shall be unified and allow for free movement of traffic between and among adjacent uses and parcels.
(c)
No more than two driveway access points to public roads shall be provided.
(d)
The plan shall be reviewed and receive favorable recommendation from the Falls Township Planning Commission.
(e)
All deteriorating signs within the parking area and within 50 feet of all street rights-of-way shall be removed, altered or replaced to conform to this chapter.
(f)
Curbing and additional street paving shall be constructed in accordance with Township and state regulations, where applicable, along the road frontages of all properties involved.
§ 209-24 SC Shopping Center Commercial District.
A.
Purpose. The purpose of the SC Shopping Center Commercial District is to allow for the development of shopping center facilities which offer multiple commercial, retail and service operations adjacent to principal arterial highway access. It is intended that these areas be developed in accordance with an overall plan coordinating the architectural features, landscaping, drainage, shared parking, types of uses, controlled access points and similar standards and aesthetic features so that the final product will be a self-contained shopping center, whether constructed all at one time or in stages over a period of time.
B.
Principal permitted uses.
(1)
Convenience shop, including grocery store, drugstore, gift shop, hardware store, and clothing store.
(2)
Automatic self-service laundry, baked goods store, confectionary store, shoe repair and dry-cleaning store, or laundry where laundering and dry cleaning are performed on the premises.
(3)
Office building and business or professional office, including medical, dental, realty, insurance, law office, accounting services and governmental services.
(4)
Bank, without drive-through facilities or services.
(5)
Barbershop and beauty shop.
(6)
Library.
(7)
Day-care center.
(8)
Department store.
(9)
Furniture or appliance store.
(10)
Garden center.
(11)
Theater.
(12)
Restaurant, without outside seating.
(13)
Bakery.
(14)
Fitness center, gymnasium.
(15)
Arcade.
(16)
Shopping center comprised of combinations of the preceding uses.
(17)
Brewery, microbrewery, micro-winery, distillery, brew pub, without outside seating.
D.
E.
Maximum building and/or structure height. No building and/or structure shall exceed 50 feet in height, except as may be specifically permitted by the terms of this chapter.
F.
Area and yard requirements. (See Table 4.[2]) All buildings within the shopping center shall be attached or, if separated, shall have a separation of at least 20 feet or 1 1/2 of the height of the tallest adjacent building, whichever is greater.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
G.
General requirements.
(1)
Any principal building may contain more than one principal permitted use and/or organization. Any lot may contain more than one principal building, provided that each principal building is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision and land development regulations, including frontage on a public street. One building may contain more than one use, provided that the total building coverage of the combined use does not exceed the maximum building coverage specified for this district and, further, that each use and/or tenant occupies a minimum gross floor area of 750 square feet.
(2)
At least the first 50 feet adjacent to any lot line, as measured from the ultimate right-of-way line of abutting streets and as measured from the side and rear lot lines, shall not be used for parking, storage, buildings or visible stormwater management devices and shall be planted and maintained in a lawn area or ground cover and landscaped with street trees along the street line and with a buffer yard along all other lot lines.
(3)
Outside displays.
(a)
No merchandise, products, equipment or similar materials or objects shall be displayed or stored outside except in those instances where outside display is customarily incidental to the peculiar nature of the business as a permitted use, use by special exception or by conditional use. This exception would include:
(b)
Outside displays must conform to and not infringe upon setback areas, buffer areas and planting areas.
(4)
All improved portions of the property not utilized by buildings or paved surfaces shall be landscaped, using combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees common to the area, in order to maintain or reestablish the tone of vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planted for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring the capacity of any natural or man-made drainage system. The drainage system shall comply with the Township Stormwater Management Ordinance.[3]
(5)
Waste for disposal shall be stored in a closed container which should be adequately screened from all streets and adjacent residential areas and should be of sufficient capacity so that overflow does not occur. See § 209-38.1F.
(6)
All building walls facing any street or residential district shall be suitably finished for aesthetic purposes.
J.
No lot in the SC Shopping Center District shall be provided with more than one point of direct access to Lincoln Highway. Access points shall be separated from any access on an abutting property and from any intersecting street by a minimum of 500 feet, as measured along the frontage of Lincoln Highway.
§ 209-25 CR Commercial Recreation District.
A.
Purpose. The purpose and intent of this district is to encourage commercial recreation areas and to encourage permanent open space.
B.
Principal permitted uses.
(1)
Golf course and golf range.
(2)
Facility for sporting events.
(3)
Swimming pool.
(4)
Skating rink.
(5)
Playground and picnic area.
(6)
Marina and storage facilities.
(7)
Ski slope.
(8)
Riding academy and equestrian uses.
(9)
Garden center.
(10)
Day-care center.
(11)
Fitness center, gymnasium.
(12)
Any use of the same general character as above.
C.
D.
Maximum building and structure height. No building and/or structure shall exceed 35 feet in height.
F.
General requirements.
(1)
Any principal building may contain more than one principal permitted use and/or organization. Any lot may contain more than one permitted building, provided that each principal building is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision and land development regulations, including frontage on a public street. One building may contain more than one use, provided that the total building coverage of the combined use does not exceed the maximum building coverage specified for this district and, further, that each use and/or tenant occupies a minimum gross floor area of 750 square feet.
(2)
At least the first 30 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in a lawn area, ground cover or landscaped with evergreen shrubbery, except as otherwise provided under this chapter.
(3)
Outside displays.
(a)
No merchandise, products, equipment or similar materials or objects shall be displayed or stored outside except in those instances where outside display is customarily incidental to the peculiar nature of the business as a permitted use, use by special exception or by conditional use. This exception would include:
[1]
Garden center engaged in sale of living plants.
(b)
Outside displays must conform to and not infringe upon setback areas, buffer areas and planting areas.
(4)
All improved portions of the property not utilized by buildings or paved surfaces shall be landscaped, using combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees common to the area, in order to maintain or reestablish the tone of vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planted for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring the capacity of any natural or man-made drainage system. The drainage system shall comply with the Township Stormwater Management Ordinance.[2]
[2]
Editor’s Note: Said tables are included as attachments to this chapter.
(5)
Waste for disposal shall be stored in a closed container which should be adequately screened from all streets and adjacent residential areas and should be of sufficient capacity so that overflow does not occur. See § 209-38.1F.
(6)
All building walls facing any street or residential district shall be suitably finished for aesthetic purposes.
I.
Notwithstanding the sign regulations set forth in § 209-45 and the use regulations set forth in this chapter, in order to protect the historic character of Pennsbury Manor and in accordance with Section 605(2)(vi) of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[3] the following uses shall not be permitted within 300 feet of Pennsbury Road and shall not be permitted to have permanent signs for such uses along Pennsbury Road:
(1)
Hotel or motel.
(2)
Garden center.
(3)
Vending machines or machines for amusement, entertainment and/or the rendition of music, provided that they comply with the standards set forth in § 209-50.1.
(4)
Places of amusement.
[3]
Editor's Note: See 53 P.S. § 10605(2)(vi).
J.
The maximum height of buildings or structures within 300 feet of Pennsbury Road shall be 30 feet.
§ 209-26 FM Farming and Mining District.
A.
Purpose. The purpose and intent of the FM Farming and Mining District is to provide locations in the Township where fertile soils exist for intensive agricultural use, which are generally over sand or gravel deposits suitable for use by the building and other industries and located in areas where such uses would have minimum adverse effect on residential and other incompatible uses.
B.
Principal permitted uses.
(1)
Farming of the land.
(2)
Freezing, processing, storage, packing, crating of farm products and fruits; warehouse; trucking yard and terminal related to farming and mining.
(3)
Mining, including dredging and excavation.
(4)
Processing, cleaning, crushing, storing of sand and gravel.
(5)
The raising, boarding and/or husbandry of rural animals.
B.1.
Special exception uses.
(1)
Medical marijuana grower/processor subject to the specific criteria listed below:
(a)
A medical marijuana grower/processor shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any Township approval shall immediately become void.
(b)
A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
(c)
A medical marijuana grower/processor must be located on a lot containing not less than two acres.
(d)
A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or object, from the nearest point on the property line of a residentially zoned property or a parcel containing a public, private or parochial school, day-care center, place of worship, public park, or community center.
(e)
A medical marijuana grower/processor must operate entirely within an indoor; enclosed, and secure facility. No exterior sales and no sidewalk displays shall be permitted. No drive-thru services shall be permitted. The use cannot be advertised on radio or television.
(f)
A medical marijuana grower/processor shall be limited to the hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.
(g)
A medical marijuana grower/processor shall submit a disposal plan to be reviewed and approved by the Township. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
(h)
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is located.
(j)
No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
(k)
A medical marijuana grower/processor shall submit a security plan to the Township, which plan shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[2] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
[2]
Editor's Note: See 35 P.S. § 10231.1102.
C.
Accessory buildings, structures or uses permitted.
(1)
Off-street parking.
(3)
Off-street loading areas.
(4)
Garages to house delivery trucks or other vehicles.
(5)
Machines for amusement, entertainment and/or the rendition of music, provided that they comply with the requirements set forth in § 209-50.1.
(6)
When the property is used for farming, buildings incidental to farms, such as tenant houses; greenhouses; buildings for housing seasonal farming workers; barns; buildings for the packing, grading and storage of produce raised on the premises (excluding processing operations); buildings for housing poultry and permitted livestock; and garages for the storage of farming operational equipment and trucks.
D.
Maximum building and structure height. No building and/or structure shall exceed 60 feet in height.
F.
General requirements.
(1)
No new mining, dredging or excavating shall be permitted on:
(a)
Any lot or premises within 200 feet of a residential district or use or 100 feet from the ultimate right-of-way of any public road or neighboring boundary line; and
(b)
Such excavation shall have a slope which shall be one foot vertical to 1.5 feet horizontal from the surrounding surface of adjacent land to the bottom of the aforesaid excavation.
(2)
Sideslopes of excavation sites shall be protected against the effects of erosion by the planting of trees, shrubs and ground cover or grass.
(3)
Prior to the submission of any permit application to the Department of Environmental Protection for the new extraction of sand or gravel; mining; or the installation of any mining, quarrying, dredging, digging, hauling, excavating, extracting, crushing, sorting equipment or structures, a copy of the application for said permit shall be submitted to the Board of Supervisors, who shall determine whether the application violates this chapter or any other ordinance of the Township.
(4)
Excavation areas shall not be used for the disposition, dumping or storage of waste or vegetative or organic material, or any material other than rock or minerals found on the site.
§ 209-27 LI Light Industrial District.
A.
Purpose. The purpose and intent of the LI Light Industrial District is to provide a location in the Township for manufacturing, research, warehousing and similar operations.
B.
Principal permitted uses.
(1)
Nursery or greenhouse.
(3)
Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.
(4)
Business, professional or governmental office.
(5)
Bank or saving and loan association.
(6)
Upholsterer and cabinetmaker.
(7)
Animal kennel.
(8)
Motor vehicle repair garage.
(9)
Fire station.
(10)
Parking area not in combination with another principal permitted use.
(12)
Research, testing or experimental laboratory other than chemical or biological research laboratories.
(13)
Wholesale business and/or storage fully contained in a roofed structure.
(14)
Printing, publishing or binding.
(15)
Contractor office.
(16)
Carpentry, cabinetmaking, furniture or upholstery shop, electrician shop, plumbing shop, metalworking, blacksmith, tinsmith, paint or paperhanger shop, or similar trade shop.
(17)
Outside storage or display.
(18)
Temporary building or structure used in connection with the uses set forth in this subsection.
(19)
Day-care center.
(20)
Fitness center, gymnasium.
(21)
Any use of the same general character as above.
C.
Accessory buildings, structures or uses.
D.
Prohibited uses.
(1)
No lot, parcel or tract of land shall be used and no building or structure shall be erected, altered or remodeled for any of the following uses:
(a)
The manufacture or handling, storage or transfer of chemicals, including, but not limited to, acid or other corrosives, ammonia, caustic soda and sulfuric acid.
(b)
The manufacture of chemicals.
(c)
The manufacture of cellulose products; resins; dye stuffs; glue; vegetable, animal or mineral fats or oils; explosives; soaps and detergents; fertilizers; asphalt; tar products; or other like products or substances.
(d)
The manufacture and/or storage of combustible and/or flammable gases liquids and solids.
(e)
The manufacture or production of metals and alloys in ingot form.
(f)
The manufacture or production of cement, plaster, cork and their constituents, matches, paints, oils, varnishes, lacquer or basic raw polymer or the manufacture of rubber.
(g)
The storage of fuels or explosive materials in bulk.
(i)
The manufacture, storage or sale of mulch or compost.
(2)
Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation. Such materials shall include, but shall not be limited to:
(a)
All primary explosives, such as lead azide, lead styphnate, fulminates and tetracene;
(b)
All high explosives, including, but not limited to, nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives, pyrotechnics and fireworks, including, but not limited to, magnesium powder, potassium chlorate and potassium nitrate;
(c)
Blasting explosives, including, but not limited to, dynamite and nitroglycerine;
(d)
Unstable organic compounds, including, but not limited to, acetylides and hydrogen peroxide in concentrations greater than 35%; and
(e)
Nuclear fuels, fissionable materials and products and reactor elements, including, but not limited to, uranium 235 and plutonium 239.
E.
Maximum building and structure height. No building and/or structure shall exceed 50 feet in height, except as may be specifically permitted by the terms of this chapter.
G.
General requirements.
(1)
Any principal building may contain more than one use and/or organization. Any lot may contain more than one principal structure. At least the first 30 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking or loading and shall be planted and maintained in lawn area, ground cover or landscaped with evergreen shrubbery.
(2)
All outdoor storage or operations shall be adequately concealed from abutting nonindustrial properties with evergreen-type planting or a solid screen fence.
(3)
Building walls facing any residential district shall not be finished with exposed cinder block.
(4)
All improved portions of the property not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as ground cover, rock formations, contours and existing foliage and the planting of conifers and/or deciduous trees native to the area, in order to either maintain or reestablish the tone of vegetation in the area and to lessen the visual impact of structures and paved areas.
I.
Minimum off-street loading. All activities in this district shall provide for loading and unloading of materials in locations which are removed from streets and highways.
§ 209-28 PIP Planned Industrial Park District.
A.
Purpose. The purpose of the PIP Planned Industrial Park District is to provide areas in the Township where industrial complexes may be developed. The standards are intended to require maximum attention to proper site designing, including the location of structures and parking areas, proper ingress and egress, development of an interior street system, architectural design and landscaping and the compatibility of any proposal with the natural foliage, soils, contours, drainage patterns and the need to avoid visual intrusions and performance nuisances upon adjacent residences and residential zones. It is intended that existing foliage and natural features be retained and enhanced in relation to the site as well as surrounding areas.
C.
Conditional uses.
(2)
Research and development facilities involving chemical and/or biological research.
(3)
Transportation terminals and freight-handling facilities not closer than 2,000 feet to the Historical District, a residential district and/or school or church uses.
(4)
Electric substations.
(5)
A plumbing, heating, roofing or building material yard not closer than 2,000 feet to the Historical District, a residential district and/or school or church use.
(6)
Any use of the same general character as any of the above conditional uses and uses commonly found in support of an industrial park.
D.
E.
Maximum building and structure height. No building and/or structure shall exceed 80 feet in height, except as may be specifically permitted by the terms of this chapter.
G.
General requirements.
(1)
Any principal building may contain more than one use and/or organization. Any lot may contain more than one principal structure.
(2)
At least the first 30 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover or landscaped with evergreen shrubbery.
(3)
All outdoor storage or operations shall be adequately screened by use of plants or fences so that they are not visible from the street or from neighboring properties.
(4)
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. Building walls facing any residential district shall not be finished with exposed cinder block.
I.
Minimum off-street loading. All activities in this district shall provide for loading and unloading of material in locations which are removed from streets and highways.
§ 209-29 HI Heavy Industrial District.
A.
Purpose. The purpose and intent of the HI Heavy Industrial District is to provide areas in the Township for large-scale industrial operations, including those which utilize massive or heavy equipment, manufacture products from primary raw material sources, require large outdoor storage of equipment or machinery for processing or storage purposes, are massive users of highway, rail or water transportation or exceptionally large users of water or sewage disposal facilities, at locations both advantageous to the industrial user and safely and aesthetically buffered from residential and other incompatible uses. The standards are intended to require maximum attention to the proper site design, including the location of structures and parking areas, proper ingress and egress, development of an interior street system where applicable, architectural design, landscaping and compatibility of any proposal with natural foliage, soils, contours, drainage patterns and the need to avoid visual intrusions and performance nuisances upon adjacent residences and residential zones. It is intended that existing foliage and natural features be maintained and enhanced in relation to the site as well as to the surrounding area.
B.
Principal permitted uses.
(1)
Office and office building.
(2)
Industrial and manufacturing building.
(3)
Product distribution and warehousing.
(4)
Transportation terminal and freight handling facility.
(5)
Electrical substation.
(6)
Building material yard.
(7)
Marine port and terminal facility.
(8)
Any use of the same general character as any of the above permitted uses, including accessory uses which are customarily incidental to the said uses.
D.
Special exception uses:
(1)
Adult business in a building or structure with more than 75 square feet of floor area or 2% of the total floor area, whichever is less, devoted to activities of the type which are proscribed by 18 Pa.C.S.A. § 5903, provided that such use meets the following requirements:
(a)
The building or structure of such use shall be located no less than 1,000 feet from any residential use or district, public or private school, church, recreation facility or any other religious, institutional or education use.
(b)
No such use shall be located within 2,000 feet of a similar adult commercial use.
(c)
No materials sold within shall be visible from any window, door or exterior of the building or structure.
F.
Maximum building and structure height. No building and/or structure shall exceed 80 feet in height, except as may be permitted by the terms of this chapter. Specialized equipment used in processing, power generation or power transmission may not exceed 140 feet in height.
H.
General requirements.
(1)
Any principal building may contain more than one use and/or organization. Any lot may contain more than one principal structure. At least the first 30 feet adjacent to any street line and 12 feet adjacent to any lot line shall not be used for parking or loading.
(2)
All outdoor storage or operations shall be adequately screened by use of plants or fences so that they are not visible from the street or from neighboring properties.
(3)
All building walls facing any residential district shall not be finished with exposed cinder block.
J.
Minimum off-street loading. All activities in this district shall provide for loading and unloading of material in locations which are removed from streets and highways.
K.
Prohibited uses. In the HI District, no lot, parcel or tract of land shall be used and no building or structure shall be erected, altered or remodeled for any activity involving the storage, utilization or manufacture of explosives as defined in this chapter.
§ 209-30 MPM Materials Processing and Manufacturing District.
A.
Purpose. The purpose and intent of the Materials Processing and Manufacturing District is to protect the existing areas in the Township devoted to integrated, large-scale industrial production of iron, steel or other materials, processing, fabrication and related activities which utilize massive or heavy equipment, manufacture products from primary raw material sources, require larger areas for indoor and outdoor storage of equipment or machinery for manufacturing, production, processing or storage purposes, massive uses of highway, rail or water transportation, including port facilities, or exceptionally large uses of water or waste disposal facilities, all on a tract which is physically isolated from the principal residential districts of the Township.
B.
Principal permitted uses.
(2)
Power generation and transmission facilities, including substations.
(3)
Yards, buildings and structures used for the conveyance, distribution, processing, manufacture and storage of raw, semifinished or finished materials, fuels, including the bulk storage of fuels, fuel products or fuel by-products.
(4)
Marine port and terminal facilities.
(5)
Remanufacturing, which shall be limited to production processes which may use presorted post-consumer materials and remanufacture or process them into usable raw materials or products which then are exported from the site in their new form(s). Remanufacturing specifically excludes the permanent storage, collection, sorting or disposal of mixed municipal solid waste on site and specifically excludes automobile or other vehicle salvage operations.
(6)
Employee recreation and eating facilities.
(7)
Blast furnaces, coke ovens, open-hearth facilities, rolling or processing mills, or other uses related to steel production.
(8)
Any use of the same general character as any of the above permitted uses, including accessory uses which are customarily incidental to said uses.
E.
Vibration, fumes, vapors, gases, storage and disposal of wastes. Any and all operations shall meet the standards as set by § 209-43.
F.
Accessory buildings, structures and uses permitted.
(1)
Vending machines or machines for amusement, entertainment and/or the rendition of music, provided that they comply with the standards set forth in § 209-50.1.
(2)
Water treatment and sanitary and industrial waste treatment facilities accessory to or servicing principal permitted uses located in the MPM or HI Districts.
H.
Special exception uses:
(1)
Medical marijuana grower/processor, subject to the specific criteria listed below:
(a)
A medical marijuana grower/processor shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any Township approval shall immediately become void.
(b)
A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
(c)
A medical marijuana grower/processor must be located on a lot containing not less than two acres.
(d)
A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or object, from the nearest point on the property line of a residentially zoned property or a parcel containing a public, private or parochial school, day-care center, place of worship, public park, or community center.
(e)
A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility. No exterior sales and no sidewalk displays shall be permitted. No drive-through services shall be permitted. The use cannot be advertised on radio or television.
(f)
A medical marijuana grower/processor shall be limited to the hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.
(g)
A medical marijuana grower/processor shall submit a disposal plan to be reviewed and approved by the Township. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.
(h)
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is located.
(j)
No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
(k)
A medical marijuana grower/processor shall submit a security plan to the Township, which plan shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[3] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
[3]
Editor's Note: See 35 P.S. § 10231.1102.
§ 209-32 SL Sanitary Landfill District.
A.
Purpose. The purpose and intent of the Sanitary Landfill District is to provide a location in the Township for the operation of sanitary landfill facilities in accordance with all Township, county, state and federal laws, rules and regulations.
C.
General regulations:
(1)
Minimum lot size shall be 25 acres.
(2)
Minimum setbacks shall be subject to the regulations promulgated by the Pennsylvania Department of Environmental Protection, or the following setbacks, whichever is greater:
(3)
Maximum height of the landfill shall be controlled by providing maximum side slopes of three feet horizontally for each one foot of vertical rise.
(4)
The disposal of leachate shall comply with all Pennsylvania Department of Environmental Protection regulations. In no event shall the leachate be disposed of in a storm sewer or allowed to run on the ground.
(5)
Hazardous waste, as included on the list of hazardous waste as maintained by the Department of Environmental Protection, shall not be disposed of in a sanitary landfill facility.
(6)
Every sanitary landfill facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. Each facility must contain their trash in an appropriate and safe manner that confines the trash to the facility area.
(7)
Gas venting, recovery and monitoring shall be required.
(8)
The sanitary landfill operator shall provide copies to the Township, as soon as received, of all permit applications, permits and reports or correspondence regarding inspections, environmental monitoring and regulatory actions.
(9)
The access road shall be constructed in a manner which limits the tracking of mud onto nearby public streets.
D.
Sanitary landfill operations shall be permitted only for the purpose of reclaiming land for ultimate use, and immediately upon the voluntary or involuntary cessation of landfill operations, the land shall immediately revert to HI classification.
F.
A sanitary landfill use shall comply with the rules and/or regulations of any and all federal or state agency having jurisdiction over such use including, without limitation, the Pennsylvania Department of Environmental Protection.
§ 209-32.1 OIP Office Industrial Park District.
A.
The intent of this section to provide for nonpolluting administrative, business, office and certain light industrial operations.
B.
Use regulations in OIP District.
(1)
A building or group of buildings may be erected, altered or used and a lot may be used or occupied for any of the following purposes:
(a)
Office for administrative, executive, professional, research, sales and other such similar uses, the normal attributes of which do not involve the actual storage, exchange or delivery of merchandise on the premises.
(b)
Laboratory for scientific, agricultural or light industrial research and development, training or product development.
(c)
Repair and maintenance of office equipment, computers, electronic products and household items.
(d)
Motel and hotel, indoor athletic facility and assembly hall or convention center associated with such uses.
(e)
Bank or savings and loan institution.
(f)
Restaurant and other establishments serving food and beverages, including a brewery, microbrewery, micro-winery, distillery or brew pub; provided, however, that outdoor counter or curb service shall not be permitted.
(g)
Hospital, nursing home, medical and dental office or clinic for the treatment of humans.
(h)
Light manufacturing, fabricating, assembling and/or processing of goods in which all production operations are contained within an enclosed building; excluding, however, any process or activity which is noxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, radiation or noise.
(i)
Passenger station terminal for public transportation and heliport.
(j)
Manufacturing plant in which all production operations are contained within an enclosed building, including the manufacture, assembly and treatment of products.
(k)
Warehousing and product distribution.
(l)
Indoor theater or other place of indoor amusement or recreation.
(m)
Educational, trade, technical and professional school, institute or training center.
C.
Accessory uses, buildings and structures on the same lot and customarily incidental to any permitted use shall include:
(1)
Cafeteria facilities for employees.
(2)
Recreational facility for employees and occupants.
(3)
Storage within a completely screened area but not within the minimum required front yard, or within 100 feet of any other zoning district, in conjunction with a permitted use.
(4)
Repair and maintenance of vehicles for only those such vehicles used on the same property and/or in connection with a foregoing permitted use.
(5)
Electrical substation, provided that the use shall be permanently screened to a height of 10 feet from any existing dwelling adjacent thereto.
(6)
Wholesaling, warehousing and distributing, provided that the handling or exchange of highly flammable or explosive materials shall be prohibited.
(7)
The following personal service shops primarily for the convenience of tenants and their employees and as such open for business so long as such facility or any total combination thereof shall not constitute more than 10% of the first floor gross floor area of such buildings and located only within the confines of the building:
(a)
Barbershop and beauty shop.
(b)
Transportation ticket office.
(c)
Newsstand and pharmacy.
(d)
Restaurant, but excluding establishments maintaining drive-in, drive-through, curb service, outdoor counters or otherwise permitting or facilitating eating or drinking on the exterior of the building, provided that the restaurant premises shall be equipped with refrigerated garbage disposal facilities.
(e)
Any use of the same general character as any of these permitted use.
D.
Conditional uses.
(1)
The following uses are permitted by conditional use:
(a)
Metalworking, extrusion of small metals, welding, plating, laundering, cleaning and dyeing, excluding bleaching, only when proposed as an accessory use and customarily incidental to a foregoing permitted use in a building or on a lot.
(b)
Heliport.
(c)
Radio, telephone, microwave and television office or station, and associated towers only when not greater than 50 feet in total height, and subject to all yard and setback requirements prescribed for buildings herein.
(d)
Day-care center, subject to the development standards of this district.
(e)
Any use of the same general character as any permitted use.
E.
Master plan approval in OIP District.
(1)
Any use or development of any tract in the OIP District shall be subject to the submission and approval of a master plan indicating subdivision, land development and public improvements contemplated for the tract in question.
(2)
The minimum qualifying tract shall be 20 acres.
(3)
General requirements.
(a)
Maximum height of building: 50 feet.
(b)
Minimum size individual lot: four acres.
(c)
Minimum lot width at building setback line: 200 feet.
(d)
Maximum building coverage: 25%.
(e)
Front yard (from ultimate right-of-way line): 50 feet.
(f)
Side yards, each: 50 feet.
(g)
Rear yards: 50 feet.
(h)
Maximum impervious surfaces: 60%.
(i)
Minimum spacing between buildings, but never less than 1 1/2 the height of the taller building: 30 feet.
F.
Performance standards for OIP District.
(1)
Utilities. All utility lines (electrical, telephone, etc.) shall be placed underground; provided, however, that high-voltage electrical lines not normally buried by the utility company need not be placed underground.
(2)
Parking and driveway setbacks.
(a)
From a building: 20 feet.
(b)
From the ultimate right-of-way line of a new internal road: 25 feet.
(c)
From the ultimate right-of-way line of an abutting road: 50 feet when opposite a residential district; otherwise 35 feet.
(d)
From lot lines within the subdivision: 10 feet, unless common or shared parking is utilized.
(e)
From a residential district line not adjacent to a street: 50 feet.
(f)
Parking shall not be permitted along public access and public roads.
§ 209-32.2 RR Resource Recovery District.
A.
Purpose.
(1)
The purpose and intent of the Resource Recovery District is to provide a location in the Township for the operation of municipal and residual waste processing.
B.
Principal permitted uses.
(1)
Incinerator. An incinerator is a facility designed to reduce municipal solid waste by combustion. Incinerators consist of refuse handling and storage facilities, furnaces, subsidence chambers, residue handling and removal facilities, chimneys and other air-pollution control equipment and may or may not include heat exchange equipment for energy recovery. An incinerator is subject to the following:
(a)
The minimum lot size shall be five acres.
(c)
Every incinerator shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. Each facility must contain their trash in an appropriate and safe manner that confines the trash to the facility area.
(d)
Hazardous waste, as included on the list of hazardous waste as maintained by the Department of Environmental Protection, shall not be disposed of in an incinerator.
(e)
All unloading of municipal solid waste shall be done within the building housing the incinerator.
(f)
All storage of municipal solid waste shall be indoors.
(g)
A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the municipality.
(2)
Waste transfer station. A waste transfer station is a facility where municipal solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. A transfer station shall be subject to the following:
(a)
The minimum lot size shall be five acres.
(c)
The entire transfer process, which includes unloading, compaction and loading onto the transfer trucks, shall occur inside a building.
(d)
Municipal solid waste shall not remain on the site for more than 72 hours.
(e)
Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building.
(f)
The operator shall have a contingency plan for when the transfer station is shut down for scheduled maintenance and for emergency shut downs.
(g)
In addition to the building housing the transfer operation, a maintenance building may be located on the site. Only vehicles owned and operated by the owner of the transfer facility and used as part of that operation shall be serviced in a maintenance building or parked on the premises.
(h)
Every transfer station shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries.
(i)
Hazardous waste, as included on the list of hazardous waste as maintained by the Department of Environmental Protection, shall not be disposed of at a transfer station.
(3)
Material separation and/or refuse-derived fuel (RDF) facility. Material separation is the extraction of materials from municipal solid waste for recycling. A material separation facility may include a refuse-derived fuel plant. A refuse-derived fuel facility produces a solid fuel that is obtained from municipal solid waste as a result of a mechanical process. The use is subject to the following:
(a)
The minimum lot size shall be five acres.
(c)
All unloading of municipal solid waste shall be done within the building housing the processing facility.
(d)
Municipal solid waste shall not be stored for more than 72 hours, and it shall remain indoors.
(e)
The refuse-derived fuel shall be stored indoors in such a way that it will not harbor rodents and will be protected from fire.
(f)
Any residual waste resulting from the material separation process shall be stored indoors. Such residual waste shall be disposed in an approved sanitary landfill.
(g)
Every material separation/RDF facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Litter control shall be exercised to confine blowing litter to the work area, and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries.
(h)
Hazardous waste, as included on the list of hazardous waste as maintained by the Department of Environmental Protection, shall not be disposed of in a material separation/RDF facility.
(4)
Recycling facility. A recycling facility is a business that accumulates material such as paper, glass, aluminum, other manufacturing by-products and waste products and/or plastic that is no longer useful for its intended purpose. The materials are then sold or transferred to another business as a raw material for their reuse, including their use in the manufacturing of a new product. A recycling facility shall be subject to the following:
(a)
The minimum lot size shall be five acres.
(c)
Storage of recycled material shall be set back from a property line or street line a minimum of 100 feet.
(d)
No municipal solid waste or hazardous waste shall be processed or stored on the property as part of this use.
(e)
When this use is combined with another solid waste management use, the separation of the material shall be done so that the recycling process will not interfere with the prompt disposal of the municipal solid waste.
(f)
Every recycling facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Litter control shall be exercised to confine blowing litter to the work area and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries.
(g)
Hazardous waste, as included on the list of hazardous waste as maintained by the Department of Environmental Protection, shall not be disposed of in a recycling facility.
(5)
Composting facility. A composting facility is for the composting of the organic matter in municipal solid waste. A composting facility shall be subject to the following:
(a)
The minimum lot size shall be five acres.
(c)
All parts of the process (unloading of waste, storage and composting) shall occur inside the building.
(d)
During normal operation, no more municipal solid waste shall be stored on the property than is needed to keep the facility in constant operation, but in no event shall waste be stored for more than 72 hours.
(e)
Every composting facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Litter control shall be exercised to confine blowing litter to the work area and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three by three inches along all boundaries.
(f)
Hazardous waste as included on the list of hazardous waste as maintained by the Department of Environmental Protection shall not be disposed of in a composting facility.
(6)
Combined municipal solid waste management facility. A combined municipal sold waste facility is the operation of two or more of the municipal solid waste management uses (incinerator, transfer station, material separation and/or refuse-derived fuel facility, recycling facility and composting facility) on the same property or in the same building, subject to the following:
(a)
The combined use facility shall meet all of the applicable standards of each individual use in the facility as specified by this section.
C.
General requirements.
(1)
Zoning permit application in RR Resource Recovery District. An application for a zoning permit in the Resource Recovery District shall contain the following information and materials:
(a)
Plot plan. A plot plan and location map shall be provided:
(b)
Environmental impact study. An environmental impact study shall be provided. The study shall review the proposed site and facility and shall evaluate the impact of the proposed use on:
[1]
Capacity of municipal infrastructure.
[2]
Surface and subsurface water quality and quantity.
[3]
Air quality.
[4]
Noise.
[5]
Aesthetic and visual aspects.
[6]
Immediate and community or regional geographic area.
[7]
Existing and proposed local, county, state and federal laws and regulations dealing with environmental pollution and protection.
[8]
Stormwater management.
[9]
Soils and geology.
[10]
Flora and fauna.
[11]
Historical and archaeological areas.
[12]
Floodplains.
[13]
Wetlands.
[14]
Other features as may be determined.
(c)
Traffic impact study. A traffic impact study shall be provided. The study shall project traffic to be generated by the proposed use, shall assign such traffic to the existing road network, shall evaluate the impact of that traffic and shall make recommendations concerning the need, if any, for roadway or traffic control improvements and modifications.
(d)
Fiscal impact study. A fiscal impact study shall be provided. The study shall provide an analysis of the fiscal impact of the proposed use on the existing community facilities and services, including, but not limited to, projections of direct, current public costs and revenues associated with the proposed use.
(e)
Project description. A complete description of the proposed use shall be provided, including descriptions of proposed facilities, processes, equipment, estimated useful life, intended hours of operation, estimated costs, estimated volumes of material incoming and to be disposed of and such other information as is necessary for the Township to evaluate the application.
(2)
RR Resource Recovery District application regulations. A zoning permit for a proposed use shall not be approved unless the following regulations are met:
(a)
Setbacks. All structures constituting part of the application shall conform to setbacks set forth herein. In addition, all structures and disposal areas or facilities shall be set back not less than 500 feet from any historical or recreational site.
(b)
Appearance and screening. Exterior surfaces and design of facilities adjacent to or visible from public streets or historical or recreational sites shall be such as to present an attractive appearance. The site and facilities shall be so designed and operations shall be so conducted as to minimize the visibility of heavy vehicles, such as earthmoving equipment and compactors. All waste-handling equipment shall be enclosed or permanently screened from view from public streets or historical sites by man-made or mature evergreen vegetative screening which will substantially prevent the sighting of unenclosed or unscreened equipment at all times.
(c)
Other regulations. Copies of materials submitted to environmental regulatory agencies shall be made available to the Township.
(d)
Environmental impact. The proposed use shall not create any adverse environmental impact which substantially injures or detracts from the use of neighboring properties, the character of the surrounding area or the Township.
(e)
Fiscal impact. The proposed use shall not create any adverse fiscal impact upon the Township.
(f)
Facilities. The proposed use shall utilize current state of the art techniques and facilities for safe and sanitary transportation, storage, processing and disposal of solid waste in full compliance with state and federal standards or, in the absence of such standards, with acceptable practices of the industry.
(h)
Toxic and radioactive waste prohibited. In no event shall any zoning permit be granted for processing of temporary or long-term storage or disposal of toxic and radioactive waste, as such terms are defined and regulated by state, federal or other governmental laws or regulations.
§ 209-32.3 HI-A Heavy Industrial A District.
A.
Purpose. The purpose and intent of the HI-A Heavy Industrial A District is to provide areas in the Township for small-scale industrial operations.
B.
Principal permitted uses shall be as follows:
(1)
Office and office building.
(2)
Industrial and manufacturing building.
(3)
Product distribution and warehousing.
(4)
Transportation terminal and freight-handling facility.
(5)
Sale, leasing, repair and outdoor storage of material handling equipment, tractor-trailers, motor homes, campers, equipment and machinery.
(6)
Electrical substation.
(7)
Building material yard.
D.
Prohibited uses shall be as follows:
(1)
In the HI-A District, no lot, parcel or tract of land shall be used and no building or structure shall be erected, altered or remodeled for any of the following uses:
(a)
The manufacture, handling, storage, or transferring of chemicals, including, but not limited to, acids or other corrosives, ammonia, caustic soda and sulfuric acid.
(b)
The manufacture, handling, storage or transferring of cellulose products, resins, dye stuffs, glue, vegetable, animal or mineral fats, oils, explosives, combustible and/or flammable gases or liquids, soaps and detergents, fertilizers, asphalt and tar products.
(c)
The manufacture or production of cement, plaster, cork and their constituents; matches, paints, oils, varnishes, lacquer or basic raw polymer of the manufacture of rubber.
(d)
The storage of fuels in bulk, except as permitted as an accessory use to a motor vehicle fueling station.
(e)
The handling, storage or transferring of medical wastes.
(f)
The handling, storage or transferring of hazardous waste of all kinds.
(g)
The manufacture, storage or sale of mulch or compost.
(2)
Activities involving the storage, utilization or manufacture of explosive materials or materials or products which decompose by detonation are prohibited in the HI-A District.
E.
Accessory buildings, structures and uses shall be as follows:
(1)
Off-street parking.
(3)
Off-street loading areas.
(4)
Garages to house delivery trucks or other vehicles.
(5)
Vending machines.
(6)
Machines for amusement, entertainment and/or the rendition of music, provided that they comply with the requirements set forth in § 209-50.1.
(7)
The storage of fuel when accessory to a motor vehicle fueling station.
(8)
Uses, buildings and structures customary and incidental to the principal permitted uses.
F.
Maximum building and structure height. No building and/or structure shall exceed 60 feet in height.
H.
General requirements:
(1)
Any principal building may contain more than one use and/or organization. Any lot may contain more than one principal structure. At least the first 30 feet adjacent to any street line and 10 feet adjacent to any lot line shall not be used for parking or loading.
(2)
All outdoor storage or operations shall be adequately concealed from abutting nonindustrial properties with evergreen-type plantings or a solid screen fence.
(3)
Building walls facing any residential district shall not be finished with exposed cinder block.
(4)
All improved portions of the property not utilized by buildings or paved surfaces shall be landscaped.
§ 209-32.4 RD Riverfront District.
A.
Purpose. The purpose and intent of the RD Riverfront District shall be as follows:
(1)
Encourage the revitalization and redevelopment of industrial properties along portions of the Delaware River.
(2)
Eliminate blight and improve visual appearance, and provide a compatible relationship of mixed land uses by using designated sectors.
(3)
Encourage public access to and river walks along the Delaware River.
C.
Principal permitted uses by sectors shall be as follows:
(2)
Permitted uses in Sector 1: Lot area four acres or greater:
(a)
Medical office.
(b)
Office and office building.
(c)
Restaurant.
(d)
Bank.
(e)
Hotel.
(f)
Health club.
(g)
Marina.
(h)
Service business, including barbers, hairdressers, beauticians, cleaning, shoe repair, tailors, photographers, travel agents, photocopy centers and similar uses.
(i)
Townhouse or single-family attached dwelling.
(j)
Multiple-family dwelling.
(k)
Senior housing.
(l)
Brewery, microbrewery, micro-winery, distillery, or brew pub.
(m)
Open space.
(n)
Warehouse buildings, designed subject to the following:
[Added 9-21-2020 by Ord. No. 2020-2]
[1]
Warehouse buildings shall not be required to comply with the architectural design requirements of § 209-32.4J(4)(a) and (b). Applicant shall submit a rendering with its application, which shall be incorporated into any approval. If, subsequent to development as a warehouse use, the building is proposed for a different use, all sections of the RD-1 Zoning District related to architectural and design standards shall apply and be required.
[2]
Warehouse buildings shall not be required to comply with the requirement to provide a pitched roof and decorative roof elements per § 209-32.4J(4)(c); provided, however, that all HVAC equipment on the roof of the warehouse building shall be set back from the edge of the building and screened from view in a manner satisfactory to the Board of Supervisors.
[3]
A property developed for a warehouse use shall not be required to connect its parking areas to adjacent properties; however, provision shall be made to allow for future connection of parking areas.
[4]
A property developed for a warehouse use shall not be required to design a coordinated pedestrian sidewalk system per § 209-32.4J(7)(a); however, provision shall be made to allow for future pedestrian sidewalk systems.
[5]
Tractor-trailers, cargo boxes or other vehicles or structures meant to be transportable are permitted to be used in connection with a warehouse use in the RD-1 Zoning District, notwithstanding the provisions of §§ 290-32.4J(7)(b) and 209-34F. The developer of a warehouse use in the RD-1 Zoning District shall be required to submit a parking and traffic circulation plan that shows, to the satisfaction of the Board of Supervisors, appropriate locations for the parking and storage of tractor-trailers, cargo boxes or other vehicles or structures meant to be transportable as well as buffering from adjacent uses, as part of the land development approval process.
[6]
Reduction of number of spaces required; expansion permitted.
[a]
The Board of Supervisors may reduce, by conditional use approval, the number of parking spaces required and/or may allow for the expansion of the driveway opening of up to 36 feet, notwithstanding the provisions of §§ 209-32.4I(3) and 209-42E, for warehouse uses that meet the following requirements:
[b]
As part of the conditional use approval process, an applicant seeking a parking reduction under this subsection shall submit a parking study from a licensed traffic engineer for the applicant i) rendering an expert opinion that less than the required number of parking spaces is necessary to adequately service the proposed occupant(s) of the warehouse use, and ii) providing credible data to substantiate this opinion. Such data shall include ITE information and surveys of one or more similar establishments. Tractor trailer long-term storage spaces and loading dock spaces shall not count toward the number of proposed parking spaces in the applicant's parking study.
[7]
[8]
If a property is developed for a warehouse use consistent with the provisions of this section, and in the future is divided into five or more separate leaseholds of any type of use, whether proposed initially or cumulatively, a master plan shall be submitted for the entire site which demonstrates compliance with all sections of the RD-1 Zoning District, notwithstanding any modifications provided in this section for the warehouse use.
D.
Conditional uses by sector shall be as follows:
E.
F.
The general requirements for residential uses permitted in Sector 1 are listed below.
(1)
A minimum two access drives to public street.
(2)
Maximum density:
Dwelling Type | Maximum Height |
|---|---|
Townhouse* (includes single-family attached dwellings): 6 dwelling units per gross acre. See Table 1A for minimum lot requirements.[4] | 35 feet |
Garden apartment-style apartment building: 10 dwelling units per gross acre. See Table 2, HR Column, for applicable requirements.[5] | 3 1/2 stories/40 feet |
High-rise apartment building: 12 dwelling units per gross acre. See Table 2, HR Column, for applicable requirements.[6] | 8 stories/100 feet |
Senior housing: 20 dwelling units per gross acre. See Table 2, AQ Column, for applicable requirements.[7] | See § 209-17D |
G.
H.
General requirements for mixed-use developments permitted in Sector 2:
(1)
Residential uses shall occupy not less than 60% of the gross lot area.
(2)
For purposes of density, when uses are mixed within a building, each 1,000 square feet of nonresidential use shall equal one dwelling unit for the purpose of determining maximum dwelling units permitted.
(3)
Nonresidential use buildings or mixed-use buildings shall be separated from residential buildings by a distance not less than 1 1/2 times the height of the nonresidential or mixed-use building but not less than 50 feet.
I.
Streetscape standards, all sectors:
(1)
No vehicle, equipment or materials shall be placed or stored within the front yard setback area.
(2)
The area within 10 feet of the ultimate right-of-way shall be landscaped with lawn grasses, shrubs and trees, except where access drives and sidewalks are required.
(3)
Access drives shall be limited to a width of 35 feet per opening; not more than two access drives shall be opened per 200 feet of street frontage.
J.
Standards for all uses:
(1)
Properties having frontage along the Delaware River shall provide a river walk (pedestrian trail), including riverbank restoration, along the river edge, above the elevation of the one-hundred-year floodplain, subject to approval by the Board of Supervisors.
(2)
Properties having frontage along Pennsylvania Avenue shall provide a pedestrian/bicycle path, subject to the approval by the Board of Supervisors.
(3)
All properties shall provide pedestrian easements to permit pedestrian access along and between the Delaware River and Pennsylvania Avenue, subject to the approval by the Board of Supervisors.
(4)
Architectural standards.
(a)
Buildings of three stories or less shall have pitched roofs covering at least 80% of the building of at least six vertical inches to every 12 horizontal inches. Buildings greater than three stories may have flat roofs, provided that all visibly exposed walls shall extend above the roof plane.
(b)
The maximum continuous plane without a break on buildings shall not exceed 100 feet, with a minimum offset of 15 feet. Blank, windowless walls are prohibited, unless specifically required for compliance with building codes.
(c)
Buildings shall have a pitched roof or decorative roof elements which conceal HVAC and service equipment located on the roof.
(d)
Buildings shall include a variety of architectural design elements to avoid creating monotonous building facades. To encourage visual diversity, a building shall have at least three different exterior building materials to provide variations in color and texture. These architectural features may provide variations in color and texture. These architectural features may include, but are not limited to, a combination of any three of the following:
[1]
Masonry (but not flat concrete block);
[2]
Concrete or masonry plinth at the base of walls;
[3]
Belt courses of a different texture or color;
[4]
Projecting or decorative cornices;
[5]
Quoins;
[6]
Decorative tile work;
[7]
Trellis containing planting;
[8]
Medallions;
[9]
Opaque or translucent glass;
[10]
Bay windows;
[11]
Artwork;
[12]
Vertical articulation;
[13]
Stylized lighting fixtures;
[14]
Porticos;
[15]
Building extensions;
[16]
Stonework; and
[17]
Other architectural elements.
(5)
Overall layout. Buildings in mixed-use developments shall be laid out to encourage walking along streets by using the following design practices:
(6)
Parking and circulation.
(a)
Off-street parking areas shall be visually screened from existing and proposed streets and adjacent residential uses by berms, hedges, walls or buffer plantings.
(b)
Parking areas on abutting nonresidential/residential lots shall be interconnected by access driveways.
(c)
Common parking shall be permitted without limitation for uses located within the Riverfront District. One hundred percent of the required parking spaces may be permitted on another site located within the Riverfront District. However, a common parking facility shall not be permitted as a principal use on a lot within the Riverfront District.
(d)
Parking structures shall have the following design standards:
[1]
The setback from residential lots on abutting tracts shall be 100 feet.
[2]
The setback from existing public street ultimate right-of-way lines shall be 100 feet.
[3]
The maximum height shall be 30 feet.
[4]
The maximum length of the structure shall be 500 feet.
[5]
Openings along the perimeter shall be at least 50% screened using natural or architectural elements.
(7)
Sidewalk, lighting and trash disposal design standards.
K.
Bonus provisions. Residential density may be increased by up to 25%, subject to the specific conditional use approval of the Board of Supervisors which shall contain the following:
(1)
Provide a central green, a minimum of 30,000 square feet in size, generally rectilinear in shape, accessible by residents and employees of adjacent buildings, with 30% lawn area, either a gazebo or pavilion, plus a paved plaza with features such as a fountain, clock, and sitting walls to help identify as a central gathering place.
(2)
Provide dedication of open space consistent with the Falls Township Open Space Plan and Comprehensive Plan Update, or a fee in lieu of, determined on the basis of 10% of the value of land to be developed.
(3)
Provide public water access facilities, such as nonmotorized path systems.
§ 209-33 Flood hazard areas.
See Chapter 131, Floodplain Management.