Franklin Township Beaver County
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 330-1 Short title, authority and scope of chapter.
A.
This chapter and attached Zoning Map shall be known as, and may be cited as, the "Franklin Township Zoning Ordinance of 2001."
B.
The authority of the Board of Township Supervisors to enact and apply zoning regulations comes from the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, and as may be further amended from time to time in the future.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
This chapter:
(1)
Regulates the location and use of buildings and lands for residence, commerce, business, institutions, agriculture and other uses;
(2)
Specifies the minimum size of lots and the height and placement of buildings and other structures on their lots;
(3)
Divides the Township into discrete zone districts of such size, configuration, area and interrelationship as to provide the most harmonious and mutually compatible arrangement to best serve the public interest; and
(4)
Establishes concise and timely procedures for the administration, enforcement and amendment of this chapter.
§ 330-2 Interpretation.
A.
The regulations contained in this chapter shall be held to be the minimum required to uphold the public health, safety, morals and general welfare.
B.
The language of this chapter shall be interpreted, when doubt exists as to the intended meaning as written and enacted, in favor of the property owner or applicant and against any implied extension of any regulation.
§ 330-3 Purposes of chapter.
The provisions of this chapter are deemed necessary to:
A.
Uphold the public health, safety, morals and general welfare;
B.
Promote orderly development by protecting the character and maintaining the stability of residential, business and agricultural areas;
C.
Conserve property values through the most appropriate and efficient uses of land and arrangement of zoning districts;
D.
Prevent overcrowding and blighting conditions, encroachment into flood plains, and congestion and dangerous conditions on roads;
E.
Encourage provision and efficient placement of community services, such as sanitary sewer, public water and storm drainage systems, schools, parks, emergency services and Township facilities;
F.
Establish reasonable open spaces on each lot consistent with the use of that lot and uses or potential uses of adjacent lots, to allow passage of light and air, prevent the spread of fire and buffer residential from neighboring activities that could be detrimental;
G.
Prevent incompatible uses from intermingling with the predominant permitted uses in a zone district; and
H.
Safeguard steep hillsides, floodplains and wetlands from encroachment by development.
§ 330-4 Community development objectives.
In addition to the general purpose, which is the foundation of this chapter, as noted in § 330-3 above, the following community development objectives are the basis for the design of the contents of this chapter. They take into account previous planning studies of the Township and recognize that most elements found in a complex arrangement of land utilization are already present in Franklin. There are large open lands and farmlands, steeply sloped areas, wetlands and extensive floodplains, housing built 75 years ago on small lots in a grid plan and new subdivisions of larger lots on curving streets, shopping centers, freestanding stores, a railroad line, an airport and industrial businesses. All are present, notably in the western part of the Township, and all should be accommodated and protected in this chapter, and allowed to function and flourish in an efficient manner together.
A.
The character and patterns of development already in place should be protected and reinforced. Rural and natural features in the western and central areas of the Township should remain predominant with new development fitting into landscape rather than dominating it. Concentrated growth should occur in the western area where a variety of land use types are already present.
B.
Where growth is encouraged, it should be in depth rather than allowed to scatter in an unplanned, uncoordinated manner along the highways. Planned growth will allow efficient extension of public sewer and water services. The Township should not be forced to build expensive public improvements as an emergency measure in reaction to the uncoordinated plans of developers.
C.
Where business and industrial expansion abuts established residential areas, developers should provide landscaped screening or other separation to protect the housing from unwanted intrusion of noise, glare, odors or other effects. Natural topographical changes are appropriate boundaries for land use areas and zone districts.
D.
Since business and industry pay substantial taxes and provide shopping convenience and well-paying jobs for residents, these land uses should be protected, encouraged and channeled into locations that will both serve the Township efficiently and will not interfere with residential development.
E.
While the single-family detached dwelling on its own lot will remain the overwhelming type of housing in the Township, other types should be provided for, including mobile home parks (the major source of affordable housing), townhouse complexes, walk-up apartments and retirement communities. All income levels, family types and housing and care needs should be accommodated. Housing density will be determined by the availability of public sewer and water lines. Housing plans should respect the natural contours and tree cover of the land to fit into the landscape.
F.
Agriculture is a major land use in the Township, and farmlands should be protected from scattered residential development. The encroachment of housing into active farm areas destroys the continuity of agricultural operations and ultimately the remaining farm community.
§ 330-5 Conflicts and severability.
A.
Conflict. Where conflicts exist between this chapter and other regulations of the Township or of a higher level of government, or with legal restrictive covenants applied by landowners to the development or property they own, the ordinance, regulation or covenant establishing the more restrictive standard shall prevail. All ordinances or parts of ordinances in conflict with this chapter, inconsistent with its provisions, or less restrictive are hereby overridden to the extent necessary to give this chapter full force and effect. This section shall not imply that the Township has any power to enforce restrictive covenants. However, any restrictive covenant provisions that are less restrictive than the corresponding provisions of this chapter shall be superseded by this chapter.
B.
Severability. If any section, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a competent court of law, such decision shall not affect the validity and constitutionality of the remainder of the chapter, which shall remain in full force and effect. The various provisions of this chapter are severable and are hereby declared to stand alone under constitutional scrutiny.
§ 330-6 Municipal liability.
The grant of a building permit to undertake a land development in accordance with the terms of this chapter shall not constitute a representation, guarantee or warranty of any kind by Franklin Township or by any of its officials or employees concerning the practicality, safety or economic success of the use, building or structure covered by the permit, and shall create no liability upon the Township, its officials or employees.
§ 330-7 Duties of public officials.
While the Pennsylvania Municipalities Planning Code [1]may from time to time in the future assign new duties to local officials or withdraw and reassign duties, the list below represents the current (1999) assignments stipulated in the code.
A.
The Board of Supervisors shall be responsible for:
(1)
Convening public hearings to take testimony on amendments of this chapter and on conditional uses;
(2)
Appointing the members of the Planning Commission and of the Zoning Hearing Board and the Zoning Officer; making appointments to fill unexpired terms of members who have resigned; removing members of the Planning Commission or Zoning Hearing Board after investigation and positive findings of malfeasance, misfeasance or nonfeasance while in office;
(3)
Deciding applications for conditional uses after receiving Planning Commission recommendations and holding public hearings; and
(4)
Referring amendment requests for review and comment to the Planning Commission and County Planning Commission before public hearing and decision.
B.
The Planning Commission shall be responsible for:
(1)
Initiating proposed amendments to this chapter or reviewing proposals made by citizen petition or by the Board of Supervisors with comments;
(2)
Reviewing requests for conditional uses and referring each proposal to the Board of Supervisors with comments and recommendations;
(3)
Examining proposed land subdivisions and land developments relative to conformance with the terms of this chapter and providing comments and recommendations to the Board of Supervisors; and
(4)
Periodically reviewing this chapter's text and the Zoning Map to determine if they remain relevant to development trends, planning concerns that are current, and the requirements of the state code.
C.
The Zoning Hearing Board shall be responsible for:
(1)
Calling and holding public hearings in a timely manner to take testimony on all matters brought before it and arranging for the preparation of a stenographic record of each hearing;
(2)
Evaluating testimony and making a decision on each contested issue, commencing and concluding each matter within the required time constraints;
(3)
Communicating decisions to applicants in a timely manner;
(4)
Hearing and deciding appeals from decisions of the Zoning Officer;
(5)
Hearing and deciding requests for variances from strict application of the terms of this chapter because an alleged hardship to the applicant exists;
(6)
Hearing and deciding substantive challenges to the validity of this chapter or any parts thereof; and
(7)
Hearing and deciding requests for modifications of the Township flood hazard area regulations as they affect specific properties.
D.
The Zoning Officer shall be responsible for:
(1)
Administering this chapter in accordance with its literal terms, without judgments that might slant meanings;
(2)
Issuing building and occupancy permits after assurance that the permitted development is fully in accordance with the requirements of this chapter, and then following up to make certain that construction and use of building and land concurs with the permit;
(3)
Defending his/her actions, if challenged, before the Zoning Hearing Board or in court; and
(4)
Providing information to the public on this chapter, keeping records of his/her actions, and providing periodic reports to the Board of Supervisors.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 330-8 Achievement of goals.
In order to achieve the goals specified in this article and in furtherance of the concepts of Township of Franklin, a procedure for the review and approval of nonresidential land development proposals is hereby established.
A.
The following information drawn in accordance with standard architectural and engineering practices as provided for in Chapter 275, Subdivision and Land Development ("the Subdivision Ordinance"), or as the same may be hereafter amended, shall be provided at the time of application for subdivision approval, as defined in Article II, § 330-10, "subdivision." This procedure for review is provided as a supplement to Section 508 of the Pennsylvania Municipalities Planning Code.[1]
(1)
Property lines, North arrow, scale, vicinity map, abutting property owners, zoning districts, present use of land and structures and total acreage of the parcel proposed for development.
(2)
All existing streets, rights-of-way and easements related to the development.
(3)
The location of existing driveways on adjacent properties.
(4)
The location of relevant natural features, including but not limited to streams or other natural watercourses, wetlands and significant stands of existing trees.
(5)
The location of existing structures, including structures located on abutting property if within 50 feet of the common property line. In the event of unusual physical conditions, the Planning Commission may require additional information.
(6)
Required front, side and rear yard lines.
(7)
Contour lines at two-foot intervals where the average slope is 10% or less and five-foot intervals where the average slope exceeds 10%.
(8)
The location of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls and other site improvements or amenities.
(9)
Contours and sufficient elevations to show proposed gradings and data to show gradient of access drives and parking facilities.
(10)
The location and approximate side of all public or private utilities to serve the development.
[1]
Editor's Note: See 53 P.S. § 10508.
B.
Fifteen copies of all such drawings shall be submitted to the Township Zoning Officer along with two copies of a completed application form provided by the Township and a fee for such review and approval as per the Fee Resolution adopted by the Board of Supervisors. Said fee shall cover processing and administrative costs for review of proposals submitted based upon a schedule established by the Board of Supervisors. In addition, a deposit shall be made with the Township to cover the costs of related services provided by municipal consultants, Engineers and Sewage Enforcement Officers.
C.
The Township of Franklin Planning Commission shall schedule a formally submitted request for subdivision approval for review during a regularly scheduled meeting and shall make a recommendation to the Board of Supervisors within 45 days of the date of first appearance as an agenda item. Unless the applicant requests, in writing, an extension to time for such action. The Planning Commission may extend additional periods of time as deemed necessary to evaluate the proposal before it.
D.
Recommendations to the Board of Supervisors from the Planning Commission shall consist of approval as submitted, approval with conditions, or denial. Said recommendation shall be in writing and shall include findings and reasons for action taken. Specific local ordinance section citations may be referred to in conclusion if used to reinforce the recommendation.
E.
Following recommendation by the Planning Commission, six copies of the revised current drawings of the land development proposal, including conditions, additions or deletions, shall be submitted to the Township Secretary for review by the Board of Supervisors.
F.
The Board of Supervisors shall consider the subdivision proposal, following review and recommendation by the Planning Commission, at a regularly scheduled meeting within 45 days of the date of first appearance of the subdivision proposal as a Board of Supervisors' agenda item.
G.
In the event that the Planning Commission recommends denial of a subdivision proposal which does not meet the requirements of this section, the applicant may proceed to the Board of Supervisors with the recommendation of the Planning Commission attached. If the Board of Supervisors moves to approve the subdivision approval with additional modifications or conditions, the applicant shall resubmit to the Planning Commission for verification of the inclusion of such modifications and conditions. The Planning Commission shall act within 90 days of resubmittal and forward written verification to the Board of Supervisors.
H.
The Planning Commission shall not recommend for approval a land development proposal unless the following site-design standards are met:
(1)
Screening. A planted visual barrier or landscape screen shall be provided and maintained on any property in a commercial or industrial district which is contiguous to any residential district or residential land use, except where natural or physical barriers exist which are deemed adequate by the Planning Commission and except where such contiguity has resulted from an amendment to the zoning district boundaries after the passage of this chapter. This screen shall be composed of plants and evergreen trees arranged to form both a low-level and high-level screen. The high-level screen shall consist of evergreen trees planted to a height of six or more feet and planted at intervals no greater than 10 feet. The low-level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet. A low-level screen shall be placed in alternating rows to produce a more effective barrier.
(2)
Storage. Any article or material stored outside an enclosed building as an incidental part of the primary commercial or industrial operation shall be so screened by opaque ornamental fencing, walls or evergreen planting that it cannot be seen when viewed by a person standing on ground level during any season of the year. All organic rubbish or storage shall be contained in airtight, verminproof containers which shall also be screened from public view.
(3)
Landscaping and beautification. Any part or portion of the site, which is not used for building, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas, shall be planted and maintained with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings. Any off-street parking area with five or more spaces located between the front building line and the right-of-way lines shall include at least 50% of all required landscaping. The parking areas shall be graded for proper drainage and paved and at least one shade tree, of at least two-inch caliper, shall be provided per five parking spaces or portions thereof located adjacent to the parking area, 8% of which shall be landscaped, the grouping or spacing of which shall be reviewed as part of the landscape plan. A maximum of 70% of the total area of a parcel may be covered with an impervious surface.
(4)
Lighting. All parking areas, driveways and loading areas shall be provided with a lighting system in accordance with an approved lighting plan. All lighting fixtures used shall be subject to the approval of the Planning Commission and shall not exceed 35 feet in height. All lighting shall be completely shielded from traffic or any public right-of-way and from any residential district or residential land use.
(5)
Interior circulation. The interior circulation of traffic and commercial and industrial areas shall be designated so that no driveway or access lane providing parking spaces shall be used as a through street.
(6)
Loading areas. Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of businesses by refuse collections, fuel and other service vehicles shall be located at the side or rear of all buildings, shall not face a street, shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
(7)
Emergency access.
(a)
The applicant shall demonstrate to the satisfaction of the Planning Commission that all buildings shown on a site development plan can be adequately accessed by emergency firefighting vehicles and other emergency equipment. Emergency access shall be required for the purpose of positioning firefighting equipment of other emergency vehicles in relation to the building so that the equipment can be effectively used. Emergency access may be provided by means of a fire lane, a public or private street, a driveway or aisle in a parking area or an unobstructed landscaped area.
(b)
Emergency access shall be provided on at least one side of each building. The Planning Commission may require emergency access to be provided on more than one side of a building, if warranted by site conditions and the layout of the site development plan.
(c)
In the event that any applicant disagrees with the determination of the Planning Commission regarding the provision of emergency access, the applicant may appeal that determination to the Zoning Hearing Board.
(8)
Access driveways and streets.
(a)
Neither any driveway nor any junction or intersection of any streets shall be located within:
[1]
Two hundred fifty feet of the end of any interstate highway ramp;
[2]
One hundred fifty feet of the intersection of the right-of-way center lines of any state or local highway and any road intersecting therewith.
(b)
All streets, rights-of-way and pavement designs shall conform to the requirements adopted by the Board of Supervisors in effect at the time of construction.
(9)
Traffic control. No proposed street or roadway configuration shall be approved which is likely to create substantial traffic hazards endangering the public safety, nor which is inconsistent with the recommendations and findings of any officially adopted Township traffic study. Traffic control devices may include traffic signals, overhead flashing lights and delineators, such as medial barriers, and not be limited to acceleration and deceleration lanes, turning lanes, one-way traffic flow, traffic and lane markings and signs. The plan for traffic control shall include a traffic impact analysis. Said analysis shall document expected impacts on adjacent intersection. The developer shall be responsible for the construction of any such traffic control device.
(10)
Stormwater management. Adequate stormwater drainage facilities shall be installed in conformance with a stormwater management plan, based on adopted Township guidelines, to ensure that stormwater does not flow onto abutting property, sidewalks or streets in such quantities as to cause detrimental effect. The stormwater management plan shall ensure to the satisfaction of the Township that rates of runoff after development shall not be greater than the runoff which would occur on the site in its natural state.
