Hamiltonban Township
City Zoning Code
City Zoning Code
ARTICLE XVII
General Requirements
§ 375-64 Statement of legislative intent.
The following standards shall be applied to all properties within Hamiltonban Township. These requirements shall supplement requirements that may be found in the zoning district applicable to a specific property, as well as generally applicable standards, including, but not necessarily limited to, parking, loading, and signs standards.
§ 375-65 Corner lots.
For all corner lots, the front yard setback or build-to line standard, as may be appropriate and as defined in the underlying zoning district, shall be applied along each adjoining street. The rear setback standard shall be applied to the property line opposite the street to which the property is addressed. The side setback standard shall be applied to all other property lines.
§ 375-66 Double frontage lots.
For all double frontage lots, the front yard setback or build-to line standard, as may be appropriate and as defined in the underlying zoning district, shall be applied along the adjoining street to which the property is addressed. The rear setback standard shall be applied along the street opposite the street to which the property is addressed. The side setback standard shall be applied to all other property lines.
§ 375-67 Clear sight triangle.
No building, structure, sign, fence, landscape planting, or other property improvement regulated by this chapter may be located within the required clear sight triangle at any street intersection.
§ 375-68 Accessory buildings.
Accessory buildings shall be permitted in accordance with the following requirements:
A.
Accessory buildings shall be located in the side or rear yard. Accessory building shall not be authorized to be located in the front yard.
B.
Accessory buildings less than or equal to 200 square feet in size may be located within five feet of any side or rear property line. Accessory buildings greater than 200 square feet in size shall be subject to the applicable setback requirements of the underlying zoning district.
C.
Accessory building shall be subject to the building height standard of the underlying zoning district.
§ 375-69 Fences.
Fences shall be permitted as an accessory structure in accordance with the following requirements:
A.
Maximum height, front yards. The maximum fence height in the OS, LC, RR, AP, SR, VM, V, and MC Districts shall be four feet. The maximum fence height in the C and I Districts shall be six feet.
B.
Maximum height, side and rear yards. The maximum fence height in the OS, LC, RR, AP, SR, VM, V and MC Districts shall be six feet. The maximum fence height in the C and I Districts shall be eight feet.
C.
For nonconforming uses, the maximum fence height shall be the maximum fence height authorized within the zoning district where the nonconforming use would be a permitted use.
D.
Hazardous attachments. No fence in the OS, LC, RR, AP, SR, VM, V and MC Districts or on residential properties in the C and I Districts shall include barbed wire or similar hazardous attachments. Nonresidential properties in the C and I Districts may include no more than three strands of barbed wire or may include wrought iron spikes.
F.
Setbacks. Fences shall not be subject to the setback requirements of the underlying zoning district. However, fences shall be subject to a three-foot setback from any right-of-way along a public or private street or alley.
§ 375-70 Swimming pools.
Swimming pools shall be permitted as an accessory structure in accordance with the following requirements:
A.
A zoning permit shall be required for any of the following types of swimming pools:
[Amended 11-16-2021 by Ord. No. 2021-10]
(1)
Any swimming pool constructed as a permanent fixture on the property. Such swimming pools include, but are not limited to, in-ground swimming pools and aboveground pools constructed or intended to be constructed as a permanent structure on the property.
(2)
Any swimming pool installed or intended to be installed seasonally on the property. Such swimming pools include, but are not limited to, inflatable pools. Plastic or inflatable children's pools that are emptied or typically emptied after each use are exempted from the zoning permit requirement of this section.
B.
Swimming pools shall be located within a side or rear yard. Swimming pools shall not be permitted to be located in a front yard.
C.
Any swimming pool shall be surrounded by a fence, wall, or other barrier of no less than four feet in height above grade. When the side of the swimming pool itself equals or exceeds four feet in height above grade, the pool itself may be considered to be the barrier.
[Amended 11-16-2021 by Ord. No. 2021-10]
D.
Any gate or door through the fence, wall, or other barrier required in Subsection C above shall be provided with a self-closing, self-locking mechanism.
[Added 11-16-2021 by Ord. No. 2021-10]
E.
Building permit required. The construction or installation of a swimming pool shall be subject to any permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC) in addition to any permitting required to demonstrate compliance with the provisions of this chapter. Issuance of any required building permitting shall be listed as a condition of approval for the zoning permit required by this chapter.
[Added 11-16-2021 by Ord. No. 2021-10]
§ 375-71 Solar panels.
Use of solar panels shall be permitted as an accessory structure in all zoning districts in accordance with the following standards:
A.
Solar panels, roof-mounted. Roof-mounted solar panels shall be permitted in accordance with the following standards:
(1)
Roof-mounted solar panels shall comply with the maximum building height requirements of the zoning district where the installation of the solar panel is proposed.
(2)
On pitched roofs, roof-mounted solar panels shall be installed as close to parallel as possible to the pitch of the roof while not sacrificing the efficiency of the solar panel.
(3)
On flat roofs, roof-mounted solar panels may be installed at an angle to improve the efficiency of the solar panel with regard to the predominant sun angle, provided that the solar panel is placed in a manner to minimize its visibility from street level. In no case may solar panels extend more than five feet above the top of a flat roof.
B.
Solar panels, ground-mounted. Ground-mounted solar panels shall be permitted in accordance with the following standards.
(1)
Ground-mounted solar panels shall comply with the setback requirements of the district where the installation of the solar panel is proposed.
(2)
Ground-mounted solar panels shall not be permitted by right in any front yard. The Zoning Hearing Board may authorize, by special exception, the installation of a ground-mounted solar panel in a front yard if the applicant demonstrates that, due to solar access limitations, no location exists on the property other than the front yard where the solar panel can perform effectively.
(3)
Ground-mounted solar panels shall not exceed a height of 10 feet.
(4)
Glare from ground-mounted solar panels shall be directed away from adjoining properties or street rights-of-way. Fences or vegetative screens may be utilized to prevent glare from impacting adjoining properties or street rights-of-way.
C.
General requirements. The following requirements shall apply to all solar panel installations:
(1)
Building permit required. The installation of solar panels shall be subject any permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC) in addition to any permitting required to demonstrate compliance with the provisions of this chapter. Issuance of any required building permitting shall be listed as a condition of approval for the zoning permit required by this chapter.
(2)
Purpose of facility. The primary purpose of a solar panel installation shall be to provide power for the principal use of the property where the installation of said power generation is proposed. The primary purposes of the facility shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time.
§ 375-72 Wind turbines.
Use of wind turbines shall be permitted as an accessory structure in all zoning districts in accordance with the following standards:
A.
Performance standards.
(1)
Wind turbines shall be setback from all property lines a distance of 1/2 the height of the tower supporting the wind generation facility.
(2)
The tower supporting the wind turbine shall not exceed 150% of the maximum building height for the zoning district where installation of the wind generation facility is proposed.
(3)
Wind turbines shall not be permitted in any front yard.
B.
General requirements. The following requirements shall apply to all wind turbine installations:
(1)
Building permit required. The installation of wind turbines shall be subject any permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC) in addition to any permitting required to demonstrate compliance with the provisions of this chapter. Issuance of any required building permitting shall be listed as a condition of approval for the zoning permit required by this chapter.
(2)
Purpose of facility. The primary purpose of a wind turbine installation shall be to provide power for the principal use of the property where the installation of said power generation is proposed. The primary purposes of the facility shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time.
§ 375-73 Outdoor wood-fired boilers.
The use of outdoor wood-fired boilers shall be permitted as an accessory structure in accordance with the following standards:
A.
Locations authorized. The use of outdoor wood-fired boilers is permitted in the OS, LC, RR, AP, MC, C, and I Districts. The use of outdoor wood-fired boilers is not permitted in the SR, VM, and V Districts.
B.
Performance standards. The use of outdoor wood-fired boilers shall comply with the following performance standards:
(1)
Boiler type. Only Phase 2 outdoor wood-fired boilers shall be permitted.
(2)
Setbacks. No outdoor wood-fired boiler shall be located closer than 150 feet from any property line.
(3)
Stack height. All outdoor wood-fired boilers shall be installed with a permanent attached stack with a minimum stack height of 10 feet above ground level.
(4)
Fuel requirements. Fuel for outdoor wood-fired boilers shall be limited to the following. Use of fuel sources not listed below shall be considered to be a violation of this chapter.
(5)
Number. There shall be no more than one outdoor wood-fired boiler on any property.
(6)
Building permit required. The installation of outdoor wood-fired boilers shall be subject to any permitting and inspections with regard to applicable provisions of the Pennsylvania Uniform Construction Code (UCC), in addition to any permitting required to demonstrate compliance with the provisions of this chapter. Issuance of any required building permitting shall be listed as a condition of approval for the zoning permit required by this chapter.
§ 375-74 On-roof equipment.
Fans, skylights, cooling towers, vents, heating and cooling equipment, and any other similar on-roof equipment shall be effectively shielded from view from any public or private street by an architecturally sound method. Such method shall be documented on the zoning permit application for the building or building addition to which said on-roof equipment is associated.
§ 375-75 Height regulation exemptions.
Chimneys, flues, towers, spires, cupola domes, pole masts, antennas, barns, silos, and similar structures shall be exempt from the maximum height regulations of this chapter.
§ 375-76 Projections into setbacks.
The following standards shall be applied to instances where architectural or other related building features are proposed to extend into setbacks as may be established by this chapter.
A.
Cornices, canopies, eaves, or other similar architectural features may project into front, side, or rear setbacks a maximum of one foot.
B.
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings, and chimneys may project into front, side, or rear setbacks a maximum of three feet.
C.
The above requirements shall not be applied in a manner that would allow architectural or building features to project across a property line or into a street right-of-way.
§ 375-77 Riparian buffer areas.
The following standards shall be applicable to riparian buffer areas in any location of the Township:
A.
Delineation. The riparian buffer area shall be delineated in accordance with the following parameters:
(1)
Second order streams. The minimum width of the riparian buffer area shall be 25 feet from the defined edge of the stream at bank-full flow.
(2)
Third order and higher order streams. The minimum width of the riparian buffer area shall be 50 feet from the defined edge of the steam at bank-full flow.
(3)
Riparian buffer map. The riparian buffer areas shall be shown upon the map attached to and made part of this chapter, which map is dated and designated as the "Hamiltonban Township Zoning Map Riparian Buffer Areas." The said map and all notations, references, and other data shown therein are hereby incorporated into this chapter as if all were fully described herein.
B.
Management of existing riparian buffers. Riparian buffer areas shall be managed in accordance the following provisions:
(1)
Where forest vegetation exists within a riparian buffer area, such forest vegetation shall be maintained. Dead trees, diseased trees, or hazardous trees that jeopardize public safety may be removed.
(2)
Where forest vegetation does not exist within a riparian buffer area, the vegetation that does exist shall be maintained in its current condition or be managed to allow forest succession and regeneration to occur.
(3)
Structural development and other nonvegetative cover shall be prohibited. Structural development and nonvegetative cover that exists as of the effective date of this article shall be considered to be nonconforming and may be maintained in accordance with § 375-95.
(4)
Stream crossings for farm vehicles, livestock, roads, railroads, central sewer and water lines, and similar types of crossings may be permitted, provided that applicable stream crossing permitting from the Pennsylvania Department of Environmental Protection or similar agency is obtained.
(5)
Fishing access and passive recreation use of riparian buffer areas may be permitted.
C.
Restoration of riparian buffer areas. Where a property that includes a riparian buffer area is proposed for development, or where such property is subject to an application for a change of land use that involves the development of new structural features (buildings, parking lots, stormwater management facilities, and similar features), the riparian buffer area shall be restored in accordance with the following provisions.
(2)
Number of trees required. The number of trees to be planted shall be calculated by multiplying the riparian buffer area, minus the area devoted any existing structural development and expressed in acres, by 55 trees. Where the multiplication above yields a fractional portion of a tree, the calculation shall be rounded up.
(3)
Tree credit. Where trees already exist within the riparian buffer areas, such existing trees shall be credited to the total number of trees calculated in Subsection C(2) above.
(4)
Tree species.
(a)
Tree species chosen for planting in the riparian buffer area shall be native to Pennsylvania and shall prefer wet growing conditions. Suitable trees include the following:
Common Name | Latin Name |
|---|---|
Red maple | Acer rubrum |
River birch | Betula nigra |
Black gum | Nyssa sylvatica |
Sycamore | Platamus occidentalis |
Pin oak | Quercus palustris |
Sugar maple | Acer saccharum |
Silver maple | Acer saccharinum |
Black willow | Salix nigra |
American beech | Fagus grandifolia |
Smooth alder | Alnus serrulata |
(b)
Other tree species may be chosen, provided the applicant documents that said other tree species are native to Pennsylvania and offer the same growing characteristics as those listed above.
(5)
Mix of tree species. A mixture of tree species shall be chosen to encourage a diverse buffer from an ecological perspective. Mixture of tree species shall comply with the following scale:
Acres of Riparian Buffer Area | Minimum Number of Tree Species |
|---|---|
0 to <1 | 2 |
1 to <2 | 3 |
2 to <3 | 4 |
3 to <5 | 5 |
5 to <10 | 6 |
10 or more | 7 |
(6)
Standards at time of planting. Riparian buffer areas shall be planted in accordance with the following standards:
(a)
Tree spacing. Tree spacing within riparian buffer areas shall be a maximum of 40 feet.
(b)
Trees shall be planted as seedlings with a minimum height of 18 inches.
(c)
Trees shall be sheltered and staked to prevent damage from competing plants, and from animals and/or maintenance equipment. At a minimum, the tree shelter shall be comprised of a four-foot tree tube. The tree tube shall be retained until such time that the tree achieves a height that precludes deer-browsing damage.
(7)
Replacement. Should any trees that have been planted to meet the riparian buffer area restoration requirements of this section die or become damaged (due to animals, mowing, or other impacts) within three years of said planting, such trees shall be replaced.
§ 375-78 Steep slopes.
The following standards shall be applied to any property characterized by steep slopes:
A.
Delineation. "Steep slopes" are hereby defined as any land area with a slope equal to or exceeding 15%. "Very steep slopes" are hereby defined as any land area with a slope equal to or exceeding 25%. Steep slopes and very steep slopes shall be shown upon the map attached to and made part of this chapter, which map is dated and designated as the "Hamiltonban Township Zoning Map Steep Slope Areas." The said map and all notations, references, and other date shown therein are hereby incorporated into this chapter as if all were fully described herein. The delineated areas shall represent the minimum area within the Township for which the standards of this section apply. Application of these standards to other areas of the Township may occur based on specific analysis or calculation of slopes on a given site.
B.
Limitations on new development. New development on property comprised of steep slope and very steep slope areas shall be limited by the following standards:
(1)
No building, along with accessory improvements (including but not limited to parking lots, but not including agricultural fields, forestry, or resource extraction operations), shall be permitted to be constructed on a very steep slope. Where an entire property is comprised of very steep slope, the building or accessory improvements shall be located on the least steep portion of the property.
(2)
Buildings and accessory improvements may be permitted on a steep slope, provided the following requirements are met:
(3)
No access drive, other than access drives associated with a farm or forestry operation, shall be constructed on a very steep slope. Where an entire property is comprised of very steep slope, the access drive shall be located in a manner that results in the lowest possible land area being used for said access drive.
(4)
Access drives may be permitted on a steep slope, provided the following requirements are met:
(a)
There are no portions of the property not comprised of steep slope where driveway placement is possible.
(b)
The maximum area of disturbance of any steep slope for location of an access drive shall not exceed 10% of the steep slope area.
(c)
Access drives shall roughly follow topographic contour lines rather than cross said contour lines in a perpendicular fashion.
C.
Limitations on developed properties. Development on previously developed properties comprised of steep slope and very steep slope areas shall be limited by the following standards:
(1)
No building expansion or accessory improvements expansion (including but not limited to parking lots, but not including agricultural fields, forestry, or resource extraction operations) shall be permitted to be constructed on a very steep slope. Where an entire property is comprised of very steep slope, the building expansion or accessory improvements expansion shall be located on the least steep portion of the property.
(2)
Building expansions and accessory improvements expansions may be permitted on a steep slope, provided the following requirements are met:
(a)
There are no portions of the property not comprised of steep slope where building expansion and accessory improvement expansion is possible.
(b)
The maximum area of disturbance of any steep slope for building expansion and accessory improvement expansion shall not exceed 10% of the steep slope area.
(3)
No expansions or relocations of an access drive, other than access drives associated with a farm or forestry operation, shall be constructed on a very steep slope. Where an entire property is comprised of very steep slope, the access drive shall be located in a manner that results in the lowest possible land area being used for said access drive.
(4)
Expansions or relocation of access drives may be permitted on a steep slope, provided the following requirements are met:
(a)
There are no portions of the property not comprised of steep slope where driveway placement is possible.
(b)
The maximum area of disturbance of any steep slope for location of an access drive shall not exceed 5% of the steep slope area.
(c)
Access drives shall roughly follow topographic contour lines rather than cross said contour lines in a perpendicular fashion.