Harrison Township Allegheny County
City Zoning Code
City Zoning Code
PART 3
GENERAL REGULATIONS
§ 301 Nonconforming Uses.
[Ord. 1944, 11/23/2009]
The following provisions shall apply to all nonconforming uses:
1.
Continuation.
A.
A nonconforming use may be continued but may not be extended, expanded, or changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the following standards:
(1)
The extension, expansion or new use will not cause any condition that will be dangerous, injurious or otherwise detrimental to the health, safety and welfare of the neighborhood;
(2)
The extension, expansion or new use, if abutting a zoning district boundary, will not be detrimental to the uses permitted in the adjoining zoning district; and
(3)
The extension, expansion or new use will not fundamentally alter the character of the neighborhood.
B.
With respect to the standards set forth above [§ 301.1A(1), (2) and (3)], the duty of initially presenting evidence rests upon the protestants, if any, and the burden of persuasion rests upon the applicant.
2.
A zoning certificate must be obtained within one year by the owner of any nonconforming use as evidence that the use lawfully existed prior to the adoption of the provision which made the use nonconforming.
3.
Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.
4.
In the event that any conforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year, or is abandoned for any period, such nonconforming use shall not be resumed.
§ 302 Accessory Uses.
[Ord. 1944, 11/23/2009; Ord. No. 2021, 7/22/2024]
The following provisions shall apply to accessory uses:
1.
The provisions of this § 302.1 shall apply where and only where the principal use of the property is agricultural. Accessory farm buildings shall not be erected within 100 feet of a neighboring property.
2.
Swimming Pools.
A.
Every swimming pool, fishing pond and other water storage facility shall be enclosed by a fence or wall not less than four feet high to prevent uncontrolled access by small children.
3.
The exterior storage of any motor vehicle which does not have a current inspection sticker and license shall constitute an auto salvage business and shall not be permitted as an accessory use.
4.
If accessory utility sheds, storage sheds, and carports are erected, a five-foot minimum front, side, and rear yard requirement must be maintained. The structures must be constructed of new aluminum, steel, galvanized metal, or wood, and be attractively painted or stained. These structures must be anchored to a foundation or securely attached to an existing permanent building. A permit must be obtained for the erection of each utility shed, storage shed, or carport. Per the fee schedule set by the Township, a fee will be charged for each permit, and an additional fee will be charged for inspection by the Zoning Officer when the work is completed, or 60 days from the issuance of the permit, whichever occurs first. All permits will be invalid after 60 days from the date of issue. Eighty square feet of floor space shall be permitted under this amendment.
5.
Satellite dish antennas shall be permitted as accessory uses, provided that:
A.
No such antenna in a residential zoning district may be higher than 17 feet above the ground, except that antennas installed on a roof of a dwelling may go up to 35 feet above the ground. All such antennas shall be restricted to back yard installations maintaining side and rear setbacks.
6.
Chickens.
A.
The keeping of chickens shall be permitted as an accessory use in the R-1, R-2, R-3, S-1, and V Zoning Districts, provided that:
(1)
The principal permitted use of the lot is for an occupied, single-family dwelling.
(2)
The lot is at least 40,000 square feet in area.
(3)
The raising of chickens is only for the private, noncommercial use of the occupants of the dwelling on the same lot. The butchering, selling of eggs, and/or selling of meat shall not be permitted at the property.
(4)
No roosters are permitted.
(5)
The maximum number of chickens permitted on a property is five, with one additional chicken permitted for every additional 5,000 square feet.
(6)
Chickens must be housed in a predator- and vermin-resistant coop and chicken run that are properly ventilated and designed to be easily accessed, cleaned, and maintained. The coop and chicken run are subject to the applicable provisions of the Township's Property Maintenance Code, as amended from time to time.
(7)
Chickens, a coop and chicken run, any structure used for poultry manure storage, and any other structure used for a purpose associated with the keeping of chickens must be located in the rear yard, at least 20 feet from all property lines.
(8)
A maximum of one coop is permitted per lot.
(9)
The interior of the chicken coop must be at least three square feet per chicken, but shall be no more than 20 square feet total for properties having less than 45,000 square feet in area. For properties having 45,000 square feet in area or more, the interior of the chicken coop shall not exceed three square feet per chicken.
(10)
The chicken coop and any unenclosed area in which the chickens may be placed must be entirely surrounded by a fence, such that chickens are not free to roam off the lot.
(11)
The chicken coop may be movable.
(12)
Waste must be disposed of properly either through composting or in an enclosed container.
§ 303 Special Exceptions.
[Ord. 1944, 11/23/2009]
The following uses may be authorized with such conditions as are deemed appropriate by the Zoning Hearing Board:
1.
In the R-1, R-2, R-3, S-1 and V Zoning Districts, living quarters in an accessory garage as an accessory use to a single-family house to accommodate domestic employees of the residents of the principal building.
2.
In the R-1, R-2, R-3, S-1 and V Zoning Districts, the accommodation of not more than two nontransient roomers as an accessory use to a single-family house, provided that no sign is displayed.
3.
Modular homes, manufactured homes, or vacation cottages in the C-1 Conservation District.
4.
In the B-1 District only, a nonprofit private club or lodge, whether incorporated or an unincorporated association, organized for purposes which are lawful and not injurious to the community and not involving pecuniary gain, incidental or otherwise, to its members.
§ 304 Signs.
[Ord. 1944, 11/23/2009]
No sign, billboard, or exterior graphic display shall be permitted in any district except as herein provided.
1.
In any district a sign not exceeding one square foot in surface size is permitted, which sign announces the name, address, or professional activity or the occupancy of the premises on which said sign is located.
2.
Signs shall not be erected or illuminated in any manner which causes undue distraction, confusion, or hazard to vehicular traffic.
3.
Political Signs. Landowners may place signs in the public right-of-way portion of their property, provided that such signs do not interfere with motorist or pedestrian visibility or safety and that the sign is not otherwise of a type restricted by this Chapter. Signs pertaining to election candidates or issues shall be removed within five days immediately following the election for which they were displayed.
4.
A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or similar religious or educational structure.
5.
A temporary real estate or construction or political sign is permitted on the property being sold, leased or developed or used for display of the political sign. Such sign shall be removed within one week of the sale or lease of a property, or within one week after an election.
6.
Business signs shall be permitted in connection with any legal business or industry when located on the same premises, and if they meet the following requirements:
A.
No sign shall bear an advertisement other than the name of the persons, firm or corporation operating the place of business and/or a description of the general character of the business conducted on the premises.
B.
Signs attached to a building shall have a combined aggregate surface area not greater than five square feet for each foot of width of the principal structure on the premises; shall not project horizontally more than eight feet from the buildings; shall provide a minimum clearance of 10 feet below the sign; and shall not project above the roof of the building. The width of the principal structure shall be the side of the structure that faces the street address of the building.
C.
A pedestal sign not exceeding 120 square feet in area and not exceeding 30 feet in height may be erected if no part of such sign is closer than five feet to the property line of any abutting premises.
7.
Signs which project over or in any public right-of-way shall be permitted only when the displayer has obtained a permit from the Township at the prevailing cost per sign. The permit is valid for 30 days. The displayer must remove all signs within five days immediately following the expiration of the permit. The permit fee is nonrefundable.
8.
A "ground sign" shall mean a sign placed on the ground with main supports planted firmly onto the ground, or portable, and not attached to any building and shall include any surface, fabric, or device or structure bearing lettered, pictorial or sculpted matter, designed to convey information visually, and exposed to public view and shall meet the following standards in addition to any others which may apply:
A.
Ground signs are permitted only upon property which offers the goods, business, commodity, service or entertainment advertised or referred to on the sign.
B.
No sign shall project over or on a public sidewalk or right-of-way.
C.
In cases where more than one business or enterprise is located in one structure or lot, the combined total surface area of the business signs shall not exceed one square foot for each foot of width of structure, and no sign shall, in any case, exceed an area of 36 square feet. Signs shall be no less than 100 feet apart.
D.
No sign may exceed 36 square feet in size nor may the top of any sign be higher than six feet above ground level. In measuring square footage or height, the dimensions of the entire sign, including lettering or other visual information, backing, framing and structure shall be used.
E.
Illuminated signs shall be nonflashing and nonglaring, and shall be illuminated in a manner to prevent glare and reflection to a public street or adjacent properties.
F.
A permit shall be obtained for the erection of all signs, with the applicant submitting a sketch with size, lettering, and location. Fees for all ground sign permits shall be in accordance with the Permit Fee Schedule.[1]
[1]
Editor's Note: The current Permit Fee Schedule is on file in the office of the Township Secretary.
G.
All existing signs must comply with the above requirements within 180 days after the effective date of these provisions.
9.
Billboards shall be permitted only in the M-1 District, subject to the following limitations:
[Added by Ord. 1950, 9/22/2011]
A.
A billboard may have up to two signs faces per structure.
C.
No billboard shall be located within 500 feet of a residentially zoned area or within 1,000 feet of another billboard.
D.
The maximum size of a billboard is 15 feet high by 20 feet in length.
E.
No portion of a billboard sign or structure shall extend more than 40 feet.
F.
A billboard with illumination of any kind shall cast no glare upon adjoining property and shall not exceed 1.5 footcandles at the adjoining property.
G.
No billboard shall be illuminated between 12:00 midnight and 5:00 a.m., prevailing time.
10.
Electronic Changeable-Copy Signs.
[Added by Ord. 1979, 6/22/2015]
A.
Electronic changeable-copy signs; as defined herein, may be displayed on a monument, wall, pedestal or ground sign in the B-1, V, M-1 and M-2 Districts, according to the following criteria:
(1)
The sign shall conform to all applicable provisions of this chapter (area, placement, etc.) for the type of sign in question and in no case shall exceed 36 square feet in area.
(2)
The electronic changeable copy or images shall not alternate, change, fade in, fade out, or otherwise change more frequently than once every 15 seconds;
(3)
Scrolling, racing, pixelating, blinking, flashing or moving characters, colors, pictures, text, graphics, lights or images or those that have the appearance of movement, are prohibited for any reason, including as a method of changing copy under Subsection 10A(2) above;
(4)
All copy/characters or other changeable images shall be of one color only, with light copy on a dark background;
(5)
The sign must be set back at least 20 feet from any property zoned residential;
(6)
The text of the sign must be limited to 10 words at any one time to reduce distraction to motorists;
(7)
No audio speakers are permitted in connection with the sign;
(8)
No more than one sign is permitted per lot or two signs per tenant where multiple tenants occupy a lot;
(9)
It shall be a condition of the permit that the sign owner or operator meet with the Harrison Township Chief of Police to discuss and implement a protocol for carrying public safety emergency messages, such as AMBER Alerts® and other emergency messages, upon the sign when the Chief of Police deems such a message to be needed for public safety purposes. Failure to allow display of such emergency messages shall be grounds for permit revocation.
(10)
Exceptions:
(a)
Scoreboards for school athletic fields.
(b)
A sign with electronic changeable copy that displays only motor fuel prices or gasoline-ethanol fuel blend prices.
(c)
One electronic changeable-copy sign shall be permitted on a lot in an S-1, C-1 or Residential District that contains an active church, fire hall, emergency services station, public building or school, provided that the surface area of the sign shall not exceed 32 square feet nor shall the sign exceed eight feet in height. The sign shall be located at least 10 feet from any property line and shall cease operation between 11:00 p.m. and 7:00 a.m.
B.
Any electronic changeable-copy sign located on a billboard shall be subject to all of the above criteria.
C.
Prohibition. Any sign that displays electronic changeable copy or other digital, electronic or internally illuminated text or images in violation of the above criteria is prohibited.
11.
Directional Signs. Directional signs shall be permitted subject to the following:
[Added by Ord. 1979, 6/22/2015]
A.
The number of signs shall not exceed the number determined by the Zoning Officer as needed to effectively and safely direct traffic into, through and out of the lot.
B.
The setback from property lines shall be at least three feet.
C.
The signs shall contain no advertising.
D.
The signs shall not interfere with safe sight distance for materials proceeding into, through or out of the property.
12.
Banners and Pennants. Banners and pennants are prohibited, other than as temporary events or displays authorized by the Zoning Officer.
[Added by Ord. 1987, 8/22/2016]
A.
Banners and pennants authorized as temporary signs must be secured to a building, nonilluminated, not waving or fluttering, and may not exceed a maximum size limit of 36 square feet.
B.
Banners and pennants may be erected no more than 14 days prior to an event and must be removed within three days after the event. In no case may a banner or pennant remain in place for more than 90 days in one calendar year.
C.
Only one temporary banner or pennant authorization may be issued in any calendar year for the same event.
D.
This § 304, Subsection 12, shall not apply to banners owned by and referencing or promoting the Township of Harrison, or Township programs, where such banners have been approved by the Board of Commissioners, which banners may be erected by the Township without need of any sign permit or other permit.
[Added by Ord. 1992, 2/27/2017[2]]
[2]
Editor's Note: Section IE of this ordinance provided: "The amendments in this Ordinance do not, and are not intended to, exempt any conduct from, or create a legal defense to, otherwise applicable provisions of state or federal law."
13.
Pylon Signs. Notwithstanding any other provisions of this chapter, pylon signs shall not be permitted in any zoning district or in connection with any use unless the Board of Commissioners finds that the following criteria are met and approves the sign, subject to any conditions that the Board of Commissioners may impose to further the purposes and objectives of the Zoning Ordinance:
[Added by Ord. 1987, 8/22/2016]
A.
The bottom edge of the sign is high enough as to provide visibility for motorists and pedestrians; and
B.
A pylon sign is needed to provide safe visibility for motorists and pedestrians, and no reasonable signage alternative exists.
C.
Landscaping at the base of the sign shall be provided equivalent to one square foot of landscaping for each square foot of the sign face structure. Landscaping shall consist of a combination of deciduous and evergreen ornamental grasses, ground cover and/or small shrubs but shall not include turf grass.
13.1.
Exception. The prohibition on pylon signs stated in § 304-13 shall not apply to a pylon sign that is visible from and oriented toward the Route 28 expressway and is needed to inform travelers on Route 28 of the presence of a business.
[Added by Ord. 1987, 8/22/2016]
14.
Maximum Sign Height. The maximum height for a sign of any kind is 14 feet, provided that:
[Added by Ord. 1987, 8/22/2016]
15.
Nonconforming Signs. Nonconforming signs may be repaired or reconstructed, provided that no structural alterations are made which increase the gross surface area of the sign; however, nonconforming signs damaged or destroyed to an extent of more than 50% of their replacement cost at the time of destruction shall not be repaired or reconstructed except in accordance with this chapter.
[Added by Ord. 1987, 8/22/2016]
§ 305 Off-Street Parking.
[Ord. 1944, 11/23/2009; Ord. 1955, 11/21/2011; Ord. 1992, 2/27/2017[1]; Ord. No. 2009, 9/23/2019; Ord. No. 2019, 7/22/2024]
Off-street parking spaces shall be provided in accordance with the specifications in this Section in any district whenever any new use is established or existing use is enlarged.
Use | Parking Spaces Required |
|---|---|
Single-family house, two-family house, townhouse | 2 per dwelling unit |
Three- or four-family residential unit | 1.5 per dwelling unit |
Multiple-family dwellings | 1.5 per dwelling unit |
Church and school | 1 per 6 seats in principal assembly room |
Private club or lodge | 1 per 4 members |
Theater | 1 per 4 seats |
Hospitals and rest homes | 1 per 3 beds and 1 for each 2 employees on the maximum working shift |
Professional offices, business services, wholesale houses, and medical clinics | 1 for every 250 square feet of floor space |
Retail businesses, eating and drinking places, taverns or bars, and personal service establishments | 1 for every 200 square feet of floor space |
Bowling alleys | 5 for each alley |
Funeral homes | 1 for every 100 square feet of floor space |
Recreational assembly places, e.g., dance halls, nightclubs | 1 for every 50 square feet of floor space |
Industrial | 1 for each 2 employees on the maximum working shift |
Senior living community | 1 per 2 units and 1 for each 2 employees on the maximum working shift |
Medical marijuana dispensary | 1 space for each 250 square feet of floor space |
Medical marijuana grower/processor | 1 space for each 2 employees on the maximum working shift |
School bus depot | 1 space for each bus regularly parked there, plus one space for each driver or other facility employee who works there. All parking spaces shall be striped. A paved or equivalent hard and dust-free surface shall be provided for all parked vehicles, with a paved surface required once the building referred to in § 27-317, Subsection 1E, below is occupied. |
Short-term rental unit | 1 space for each bedroom |
1.
Any off-street parking lot for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.
2.
Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining premises in any R District or any residential premises in the V District.
3.
When calculating parking for retail businesses, eating and drinking places, taverns or bars and personal service establishments, "floor space" shall be the sum of the gross horizontal areas of the several floors of the buildings or area in which the use is conducted, measured from the interior face of exterior or common walls, but excluding stairwells and elevator shafts at each floor, parts of floors devoted exclusively to loading and any basement area not to be occupied by customers or clients.
[1]
Editor’s Note: Section IE of this ordinance provided: "The amendments in this Ordinance do not, and are not intended to, exempt any conduct from, or create a legal defense to, otherwise applicable provisions of state or federal law."
§ 306 Off-Street Loading.
[Ord. 1944, 11/23/2009]
One off-street loading berth of not less than 35 feet by 10 feet shall be provided for every business and industrial use with a floor area of more than 10,000 square feet, with one additional berth required for each additional 25,000 square feet of floor area.
§ 307 Temporary Structures.
[Ord. 1944, 11/23/2009]
Temporary structures and trailers used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period.
§ 308 Mobile Home Parks.
[Ord. 1944, 11/23/2009]
Mobile homes shall be permitted in a mobile home park if the mobile park meets the following standards and criteria:
1.
A mobile home park shall have an area of at least 10 contiguous acres, all of which is under single ownership.
2.
The site shall have frontage and direct vehicular access to an arterial or collector street as defined in the Harrison Township Subdivision and Land Development Ordinance (Chapter 22).
3.
No sale of individual lots within any mobile home park shall be permitted.
4.
No individual mobile home lot within the mobile home park shall be rented for periods of less than 90 days.
6.
Not less than 10% of the gross land area of the park must be reserved and improved for recreational activities for the residents of the park. Such recreational improvements may include swimming pools, tennis courts, parks, playgrounds, etc.
7.
Support and Anchoring. Individual mobile homes shall be placed upon suitable supports to ensure that the unit will remain level and free from structural damage. Each mobile home shall be provided with an anchoring system to prevent and resist overturning or lateral movement caused by wind forces. Such anchoring shall be equivalent to or exceed NFPA Standard No. 501A-1974 (ANSI A119.3-1975) or more recent equivalent standard. The applicant shall provide a certification from a licensed engineer of compliance with this Section.
8.
Skirting. Each mobile home shall be skirted with an enclosure of painted or stained wood or metal. Such skirting shall provide adequate ventilation to inhibit the formation of moisture and decay.
9.
Screening. The entire perimeter of the mobile home park site shall have a buffer yard established along said perimeter in accordance with the following minimum standards:
A.
All plantings used to create a buffer zone shall consist of a mixture of evergreen and deciduous trees, shrubs and bushes.
B.
The buffer zone shall be at least 30 feet in depth measured inwardly from the perimeter boundary line.
C.
All plantings shall be at least four feet high and shall be planted 10 feet on center.
D.
All plantings shall be replaced as necessary in order to continually maintain the proper appearance and function of the buffer zone.
10.
Sidewalks at least four feet in width shall be provided along at least one side of all interior streets and shall be constructed in accordance with the specifications of the Harrison Township Subdivision and Land Development Ordinance (Chapter 22).
11.
Parking. No on-street parking shall be permitted. Off-street parking shall be provided at the rate of two parking spaces per mobile home. Each parking space shall measure not less than nine feet wide and 20 feet long. All parking areas shall be paved and graded for proper drainage.
12.
Walks. All mobile home lots shall be connected to sidewalks or to streets or to driveways or parking spaces connecting to a paved street by walks consisting of a durable and dustless surface.
13.
The site shall be served by public water or a private community water supply approved by the Pennsylvania Department of Environmental Conservation and Natural Resources.
14.
All mobile home parks shall comply with all requirements of the Commonwealth of Pennsylvania and/or the County of Allegheny and shall provide with their application for a zoning certificate a copy of the certificate of registration and license issued by the Commonwealth and/or the County.
15.
No part of any mobile home park shall be used for any nonresidential purpose.
16.
All requirements of this Chapter, § 310, shall be applicable to mobile home parks with the potential for 25 or more mobile home lots.
17.
All requirements of this Chapter, §§ 404 and 405, shall be applicable.
§ 309 Planned Residential Development.
[Ord. 1944, 11/23/2009]
Planned residential developments are permitted in the R-1, R-2 and R-3 Districts in accordance with the following criteria and procedures:
1.
Development Plan Required. No planned residential development may be approved or recorded, no lot shall be sold nor any structure built, altered, moved or enlarged in any planned residential development unless and until a development plan has been approved and recorded and until the improvements required in connection therewith have either been constructed or guaranteed, as herein provided.
2.
Compliance With Other Provisions Required. The provisions of this subsection for approval of a planned residential development plan shall be a modification to and in lieu of procedures for approvals otherwise required in this Chapter and Chapter 22, Subdivision and Land Development. Failure to comply with the provisions of this subsection with respect to a recorded development plan shall be deemed to constitute a violation of this Chapter.
3.
Application and Review Procedures.
A.
Application for Tentative Approval. The application for tentative approval shall include a location map, site map, proposed subdivision plan, engineering report, traffic study and an erosion and sedimentation control plan. The application shall be submitted, not less than 10 days prior to the regularly scheduled monthly meeting of the Planning Commission, along with not fewer than 10 copies and shall be accompanied by a fee as may be set forth from time to time by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: The current resolution is on file in the office of the Township Secretary.
B.
The location map shall indicate the area within 1,000 feet of development site showing north direction, all public roads, property lines as appropriate, airport, river and adjacent municipalities, with the subject property clearly marked.
C.
The site maps include the following:
(1)
Property Map. Minimum scale of one inch equals 200 feet, indicating subject site and all abutting properties within 500 feet of subject property along with the names of all such property owners of record.
(2)
Zoning Map. Minimum scale of one inch equals 200 feet similar to that specified in Subsection 3A above, but including the zoning classification of all properties indicated on said map.
(3)
Topography Map. Minimum scale of one inch equals 200 feet similar to that specified in Subsection 3A above, but including topography, with vertical contour intervals of five feet or less and other requirements of § 22-202 of Chapter 22, Subdivision and Land Development, indicating all man-made improvements thereon including, but not limited to, buildings existing on any properties thereon.
(4)
Soil Classification Map. Minimum scale of one inch equals 200 feet, identifying soils and listing limiting factors of applicable soils.
D.
The proposed development plan shall comprise such maps at a scale no smaller than one inch equals 100 feet and text needed to clearly show the following:
(1)
The name of the proposed development and names and addresses of the landowner, the developer and the persons who prepared the plan.
(2)
The proposed street pattern, including the names, paving widths and rights-of-way of all streets and the widths and locations of easements.
(3)
The layout of lots or parcels, where appropriate, including dimensions, lot areas, numbers and building lines.
(4)
The location, use, height, bulk and number of families to be housed for every structure proposed.
(5)
The location of all off-street parking spaces and the total number of spaces to be provided, in accordance with the requirements of § 305 of this Part.
(6)
The location, size and kind of improvements proposed for all common open space and recreation facilities, together with proposed ownership and maintenance arrangements for such open space.
(7)
The location and design for all landscaping and screening proposed showing the height and type of screening.
(8)
The location and width of walks, sidewalks and trails, and the use of trails where they are not limited to pedestrian use.
(9)
The substance of covenants, grants, easements or other restrictions proposed.
(10)
The extent to which the proposed development plan varies from land use and other zoning and subdivision regulations otherwise applicable to the subject property.
(11)
A schedule, where development is to be phased over a period of years, showing proposed times for the filing of applications for final approval for each phase of the proposed development plan.
(12)
A statement of public interest submitted in writing by the developer setting forth the reasons why the proposed development plan is in the public interest and is consistent with the Comprehensive Plan of the Township.
(13)
Proposed floor plans, elevations, building siting, typical cross section and rendering of front elevations of proposed buildings, at a minimum scale of 1/8 inch equals one foot.
E.
The engineering report shall comply with the provisions for an engineering report as specified in Chapter 22, Subdivision and Land Development.
F.
The erosion and sedimentation control plan shall comply with the provisions for an erosion and sedimentation control plan as specified in Chapter 22, Subdivision and Land Development.
G.
The traffic study shall comply with § 310.
4.
Other Agencies to Review. The Commissioners shall forward one copy of the preliminary application each to the Planning Commission, the Township Engineer, the Harrison Township Water Authority and the county planning agency. The Commissioners shall not approve the preliminary application until reports from each of these agencies have been received or until the expiration of 30 days from the date the copies of the application for development were forwarded to said agencies.
5.
Tentative Approval.
A.
The Commissioners shall hold a public hearing as required by law within 60 days of the filing of the preliminary application for a development plan.
B.
The Commissioners shall give tentative approval to a proposed development plan if and only if it is found to meet the following criteria:
(1)
The proposed development plan complies with all applicable standards and conditions of this Chapter, preserves the community development objectives of this Chapter and is found by the Commissioners to be consistent with the Comprehensive Plan of the Township.
(2)
Where the proposed development plan departs from this Chapter and the subdivision regulations of Chapter 22, Subdivision and Land Development, otherwise applicable to the subject property, such departures are in the public interest to promote the health, safety and general welfare of the public.
(3)
The proposals for the maintenance and conservation of any proposed common open space are reliable, and the amount and extent of improvements of such open space are adequate with respect to the purpose, use and type of residential development proposed.
(4)
The physical design of the proposed development plan adequately provides for public services, traffic facilities and parking, light, air, recreation and visual enjoyment.
(5)
The total environment of the proposed development plan is harmonious and consistent with the neighborhood in which it is located.
(6)
The proposed development plan will afford a greater degree of protection of natural watercourses, topsoil, trees and other features of the natural environment, and the prevention of erosion, landslides, siltation and flooding than if the subject property were developed in accordance with the provisions of this Part and Chapter 22, Subdivision and Land Development, which otherwise apply.
(7)
In the case of a development plan which proposes development over a period of years, the terms and conditions shall be sufficient to protect the interests of the public and of the residents of the planned residential development in the integrity of the development plan.
C.
The grant or denial of tentative approval shall include findings of fact related to the proposed development plan as submitted for approval, and the reasons for the decision shall be set forth with particularity in what respect the proposed development plan would or would not be in the public interest including, but not limited to, each of the above criteria.
D.
In the event that a development plan is granted tentative approval, with or without conditions, the governing body may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each phase thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than three months and, in the case of developments over a period of years, the time between application for final approval of each part of a plan shall be not less than 12 months.
E.
The Commissioners shall render their decision not later than 30 days after the conclusion of the public hearing.
(1)
The decision of the Commissioners shall be in writing and shall be given to the developer personally or mailed to him/her at his/her last known address not later than five days following the decision.
(2)
Failure of the Commissioners to render a decision and to communicate it to the applicant in the time and in the manner required shall be deemed an approval of the application and terms as presented, unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation or of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation and communication will have like effect.
(4)
If the developer chooses to reject any condition attached to the grant of tentative approval, he/she may void such tentative approval by notifying the Commissioners within 30 days of the decision of the Commissioners.
(5)
The grant of tentative approval may be revoked by the Commissioners if they are notified by the developer of his/her intention to abandon the proposed development plan. The grant of tentative approval shall be deemed to be revoked if the developer does not submit an application for final approval within the time limits required by law.
6.
Application for Final Approval. Application for final approval of each phase shall be filed with the Commissioners not later than 12 months following the grant of tentative approval, unless otherwise specified by the Commissioners. The application shall contain 10 copies of the final plan for the phase, including a land development plan and supplementary data, and a certificate of completion of improvements or a guaranty of improvements as required by Chapter 22, Subdivision of Land.
A.
The land development plan shall include:
(1)
All data required for a final plat as specified in Chapter 22, Subdivision and Land Development.
(2)
Accurately dimensioned locations of all proposed structures, parking areas and common open spaces.
(3)
The use and number of families to be housed in each structure.
(4)
The landscaping plan, including the location of sidewalks, trails and screening.
7.
Improvements. No development plan shall be finally approved unless all improvements required by this subsection have been installed in strict conformance with this subsection or a guaranty that the improvements will subsequently be installed by the developer in the form of a bond or deposit of funds or securities in escrow which are acceptable to the Commissioners and are in amounts sufficient to cover the cost of the improvements which may be required in accordance with the requirements of Chapter 22, Subdivision and Land Development, for posting surety has been provided. Such guaranty shall provide for and secure to the public the completion of all declared improvements for the phase within a period of two years from the date of the final approval of the development plan.
8.
Final review. The Commissioners shall forward one copy each of the application for final approval to the Planning Commission, the Township Engineer and the county planning agency. The Commissioners shall not approve the final application until reports from each of these agencies have been received or until the expiration of 30 days from the date the copies of the final application were forwarded to said agencies.
9.
Final Approval. The Commissioners shall render their decision and communicate it to the developer no later than 45 days after the application is filed.
A.
When an application for a proposed development plan has been granted tentative approval, the applicant shall be entitled to final approval in accordance with the terms of the grant of tentative approval.
B.
The Commissioners may deny approval of any development plan which varies from the plan granted tentative approval. The Commissioners must forward the written notice of such denial to the developer within 45 days, setting forth the reasons that one or more variations are not in the public interest. In the event of such refusal, the land owner may either:
(1)
Refile the application for final approval without the variations objected; or
(2)
File a written request with the Commissioners to hold a public hearing on the application for final approval. The hearing shall be held within 30 days of the request and the hearing shall be conducted in accordance with the procedure for hearings on an application for tentative approval. Within the 30 days after the conclusion of the hearing, the Commissioners shall issue a written decision either granting or denying final approval in the form required for tentative approval.
C.
Either of these actions shall be taken at any time during which the applicant is entitled to apply for final approval, or shall be taken within 30 days of notice of refusal if the time for filing the final application is already passed. In the event that the developer fails to take either of these actions within the time specified, he/she shall be deemed to have abandoned the development plan.
10.
Mediation. The Township Commissioners may offer mediation as an aid in completing the proceedings authorized by this Part prior to final approval of an application by the Commissioners.
11.
Recording. The developer shall record the approved development plan in the office of the Allegheny County Department of Real Estate within 90 days of the final approval or final approval shall expire automatically.
12.
Revocation. The approval of the development plan shall be revoked if the developer gives notice of his/her intention to abandon the plan, or if the developer fails to commence development within six months and to complete development within two years of the date of such final approval, then no further development shall take place on the property included in such development plan unless a subsequent development plan is approved or such development complies with this Chapter and Chapter 22, Subdivision and Land Development.
13.
Site Requirements; uses.
A.
The site for any development plan shall meet the following requirements:
(1)
Ownership. The entire site for the development plan shall be owned or controlled by the developer.
(2)
Minimum site. The site shall not be less than 10 acres.
(3)
Frontage. The minimum frontage abutting on a public right-of-way shall not be less than 150 feet.
(4)
Access. The site must provide for direct access from arterial or collector roads, as defined by this Chapter, to assure convenient and safe road access which will not cause undue congestion or hazard on local roads.
(5)
The site shall be of such a character so as to avoid danger to health or peril from fire, flood or other hazard.
B.
Permitted Uses. The following uses may be permitted in a development plan, provided that their design, arrangement, landscaping and construction meet the requirements set forth in this Section.
(1)
Residential Uses.
(2)
Ancillary commercial uses, as defined by this Chapter, shall be permitted in a planned residential development only if all the following criteria are met:
(a)
The planned residential development shall contain a minimum of 100 multifamily dwelling units.
(b)
Construction of the ancillary commercial uses shall not be permitted until 80% of all proposed dwelling units in the planned residential development are constructed and occupied or ready for occupancy.
(c)
The ancillary commercial uses shall be designed primarily to serve the residents of the planned residential development.
(d)
The ancillary commercial uses shall be limited to the ground or street floors of a residential building containing multifamily dwelling units or to a single freestanding building on the site of the planned residential development.
(e)
The total floor area devoted to the ancillary commercial uses shall not exceed 15% of the total floor area of all buildings devoted to residential use in the planned residential development.
(f)
Any freestanding building proposed to contain ancillary commercial uses shall not be located within 100 feet of any existing or proposed single-family dwelling within the planned residential development or outside the boundaries of the planned residential development site.
(g)
The maximum surface area of any business identification sign for any ancillary commercial use shall not exceed 12 square feet. Such signs shall not be illuminated.
(h)
Off-street parking for the proposed ancillary commercial uses shall be provided in accordance with the requirements of § 305 for the use.
(3)
Permitted Density.
(a)
Exclusion of Steep Slope Areas. In computing total living units permitted per lot area in accordance with the requirements, only that portion of the lot with natural slopes of less than 25% shall be included in computation.
(4)
Yard and Open Space Requirements. No development plan shall be approved unless the following requirements for yards and open space are met:
(a)
Open Space. Not less than 15% of the site area shall be set aside for common open space, and not less than 50% of the identified open space shall be developed as a distinct and usable recreation area(s).
(b)
Minimum Building Setback. No structure used for dwelling purposes or for ancillary commercial uses shall be located closer to any boundary of the site than 50 feet. Notwithstanding anything in this Chapter to the contrary, any structure exceeding 35 feet in height shall be set back one additional foot for every foot of height exceeding 35 feet. No accessory structure and no off-street parking shall be located in this required setback area.
(c)
Building Coverage. The total building coverage for dwelling purposes shall not exceed 25% of the total site area.
(d)
Space Between Buildings. Every principal structure shall be separated by not less than 30 feet from any other principal structure on the site.
(e)
A buffer yard at least 50 feet in width shall be provided along the entire perimeter of the site. Such buffer yard shall be in accordance with the standards at § 408.4J of this Chapter.
(5)
Maximum Bulk and Height of Structures. No structure shall have a maximum dimension greater than 250 feet. Maximum height of structures shall be 35 feet, except that chimneys, spires, towers, tanks or similar projections may exceed the prescribed height limitation by not more than 25%.
(6)
Building Groupings. Structures used for dwelling units shall be oriented so as to ensure adequate light and air exposures of main entrances. Each structure shall be so arranged so as to avoid undue exposure to concentrated loading or parking facilities.
(7)
Off-Street Parking. Off-street parking spaces shall be provided in accordance with § 305 of this Chapter.
14.
Open Space.
A.
Common open space generated by the application of the provisions of this Chapter shall be developed to a degree commensurate with its location and probable usage. The common open space shall be so dedicated or otherwise preserved and maintained so as to always remain open and available for use by the occupants of the development area. The land and facilities to be used for common open space may be acceptable if either of the following conditions are met.
(1)
The land and facilities shall be dedicated for public use, with the accepting public body agreeing to operate and maintain the dedicated land and facilities for the originally intended use.
(2)
The land and facilities shall be deeded to an organization representing the property owners of the development. The organization shall covenant to operate and maintain the land and facilities for their originally intended use. The organization shall not be dissolved nor shall it dispose of the common open space, by sale or otherwise, without guaranteeing to the Township's satisfaction the maintenance of the common open space and first offering to dedicate the common open space to the public. The public body is under no obligation to accept dedication of this common open space for public use.
B.
Common Open Space and Maintenance.
(1)
In the event that the organization established to own and maintain common open space or any successor organization shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof and shall state the date and place of hearing thereon which shall be held within 14 days of the notice. At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.
(2)
If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said common space nor vest in the public any rights to use the same.
(3)
Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofor responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents of the planned residential development, to be held by the Township Commissioners or its designated agency, at which hearing such organization or the residents of the planned residential development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year.
(4)
If the Township Commissioners or its designated agency shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space. The Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(5)
The decision of the governing body or its designated agency shall be subject to appeal to court in the same manner and within the same time limitation as is provided for zoning appeals.
(6)
The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township at the time of entering upon said common open space for the purpose of maintenance shall file a notice of lien in the office of the Prothonotary of the County upon the properties affected by the lien within the planned residential development.
15.
Staging Development. The density of development within various portions of the planned residential development may vary, provided that each such area or portion of the development plan meets all requirements of this Section. It is further required that programs for the construction of areas of greater density concentration than permitted on the entire tract will be offset by site improvements which, because of their size and cost, are in proportion to the number of dwelling units to be constructed in each stage. As an alternative to part or all of the site improvements required to offset development densities in excess of the overall permitted density, the Township may require the reservation of open space by grant, easement or covenant in favor of the Township in an amount and location necessary to balance the excess development density of each stage.
16.
Public Improvements. All streets, sidewalks, lighting and drainage facilities therewith shall be designed and constructed in keeping with the requirements of Chapter 22, Subdivision and Land Development.
17.
Modifications. When, owing to special circumstances and conditions, compliance with the provisions of this Section would result in unnecessary hardship, the Board of Commissioners may make special, reasonable modifications thereto as will not be contrary to the public interest. Where a special, reasonable modification is requested, the procedure is outlined by Chapter 22, Subdivision and Land Development, for granting modifications shall be strictly adhered to and followed.
18.
Enforcement. To ensure the integrity of the development plan and to guarantee that modifications in the plan do not adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether they are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
A.
Provisions in Favor of Township. The provisions of the development plan relating to the use, bulk and location of buildings and structures, the quantity and location of common open space, except as otherwise provided in this Section, and the intensity of use or the density of residential units shall run in favor of the Township. As provided by law, these provisions shall be enforceable in law or in equity by the Township without limitation on any powers of regulation otherwise granted the Township by law.
B.
Provisions in Favor of Residents. All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan; also, provided, that these provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf. No provision of the development plan shall, however, be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.
C.
Modifications. All those provisions of the development plan authorized to be enforced by the Township under this Section may be modified, removed or released by the Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
(1)
No such modification, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this Chapter.
(2)
No such modification, removal or release of the provisions of the development plan by the Township shall be permitted except upon the finding by the Township Commissioners or its designated agency, following a public hearing called and held in accordance with the provisions of the Pennsylvania Municipalities Planning Code. These findings must indicate that the changes are consistent with the efficient development and preservation of the entire planned residential development, do not adversely affect the enjoyment of land abutting upon or across the street from the planned residential development or the public interest and are not granted solely to confer a special benefit upon any person.
D.
Release of Rights. Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Township to enforce the provisions of the development plan in accordance with the provisions of this Chapter.
§ 310 Conditional Uses or Changes in Occupancy or Planned Residential Developments with 25 or More Dwelling Units, any of Which Generate over 250 Vehicular Trips Per Day.
[Ord. 1944, 11/23/2009]
1.
Applications for such uses shall include a traffic impact study by a qualified professional with content as follows:
A.
Content of Traffic Impact Report. The traffic impact report shall contain the following data and information:
(1)
General Site Description. A detailed description of the roadway network within 1/2 mile of the site, a description of the proposed land uses, the anticipated stages of construction and the anticipated completion date of the proposed development shall be provided. This description, which may be in the form of a map, shall include the following items:
(a)
All major intersections.
(b)
All proposed ingress and egress locations.
(c)
All existing roadway widths and rights-of-way.
(d)
All existing traffic signals and traffic control devices.
(e)
Any changes to the roadway network proposed by any governmental entity.
(f)
All existing and proposed public transportation services and facilities within a one-mile radius of the site.
(2)
Description of existing capacities and levels of service of all streets and intersections within 1,000 feet of the site.
(3)
A determination of trip generation expected to result from the proposed development based on the ratios and methodology contained in the current edition of the Manuals of the Institute of Transportation Engineers (ITE).
(4)
The impact of the proposed development on existing roadway and intersection levels of service within 1,000 feet of the site.
(5)
The study shall describe any measures which have been incorporated into the development plan in order to achieve the required conditions. Such measures may include but are not limited to:
(a)
A reduction in the density or intensity of the proposed development.
(b)
Measures to reduce traffic impacts, such as clustering of buildings for easy access by transit or ride-sharing vehicles, or the inclusion of transit-related improvements.
(c)
The phasing of construction to coincide with the completion of transportation improvements which have been programmed by the Township, County or State.
(d)
The construction of on-site transportation improvements.
(e)
The construction of off-site transportation improvements or payment of impact fees, when authorized by a municipal impact fee ordinance.
(f)
The extension of transit, bicycle or pedestrian services to the site or the sponsorship of a ride-sharing program or transit subsidies for employees.
(g)
Any combination of the above or additional measures.
2.
Traffic Control Devices. Whenever, as a result of additional traffic generated by a proposed development, the traffic impact report determines that need for a traffic signal or regulatory sign at or near the site, the developer shall be responsible for contributing the pro rata share of the cost of all said devices and signs attributable to the proposed development.
3.
Other Traffic Improvements. Whenever, as a result of additional traffic generated by a proposed development, the traffic report identifies the need for additional traffic lanes (acceleration, deceleration or turning) or other traffic improvements, the developer shall be responsible for contributing the pro rata share of the cost of all said improvements attributable to the proposed development.
4.
The traffic study shall demonstrate that the proposed conditional use will not create traffic hazards or cause significant deterioration either in the existing level of service or in the level of service that would exist if the property were to be used by any use permitted as of right.
§ 311 Fence and Wall Regulations.
[Ord. 1944, 11/23/2009]
1.
All fences and walls shall be kept and maintained in a good state of repair and in harmony with the general beauty of the surrounding neighborhood.
2.
A permit for the erection of all fencing, walls, or screens shall be obtained from the Building Inspector prior to the start of any such erection. An application fee in the amount fixed by resolution of the Board of Commissioners shall accompany any permit application(s).[1] A drawing showing the proposed location, height, and type of material of any fence, wall or screen shall also be submitted with such application, along with a copy of a survey of property to be fenced. The Building Inspector shall approve or deny such application within 30 days of the submission. Said decision shall be communicated to the applicant in writing.
[1]
Editor's Note: The current resolution is on file in the office of the Township Secretary.
3.
Except as otherwise provided in the Zoning Code, the maximum permitted height of a fence or wall in the rear or side yard shall be six feet above average ground level. The only fences permitted in the front yard in the residential districts are ornamental, limited to four feet in height. Fences of the chain-link type, generally used for enclosure or containment are not permitted in front yards. A "decorative fence" is defined as one used to beautify or to enrich or improve the appearance of a property and/or structure. Permitted are decorative iron or aluminum fences (with safe picket tops), decorative open wooded or wood picket fences or brick and stone walls or fences or walls combining these materials. In the front yard, fences shall be open and shall have equally spaced open and closed sections of the fence. No opening shall be less than 2 1/2 inches. Enclosure or containment fences are permitted in the side and rear yard only. On a corner lot the side yard abutting the right-of-way shall face out toward neighbor. The finished side of the fence shall face out toward a neighbor.
4.
Higher fences between properties in different zoning districts may be authorized, or required by the Zoning Officer as needed for safety and/or protection of the residential environment, as a condition of a building permit. Higher fences along commercial properties may be authorized by the Zoning Hearing Board as a special exception when necessary for effective buffering. Electrified fences and fences with barbed wire are not permitted in residential areas.
5.
No fence, wall, screen, tree, shrub or other planting authorized by this Chapter, including front yard fences, screens, walls, trees, shrubs and other plantings, is permitted if it blocks clear view or vision for vehicular traffic.
§ 312 Standards for Communications Towers and Communications Antennas.
[Ord. 1944, 11/23/2009]
312.1.
Standards for Communications Towers.
A.
Standards.
(1)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
(2)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(3)
Communications towers shall comply with all applicable Federal Aviation Administration and Commonwealth Bureau of Aviation standards and regulations. The tower shall not be lit unless required by the Federal Aviation Administration.
(4)
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
(a)
The proposed antennas and related equipment would exceed the structural capacity of the existing structure, and its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure, and the interference cannot be prevented at a reasonable cost.
(c)
Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.
(d)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(e)
A commercially reasonable agreement could not be reached with the owners of such structures.
(5)
Access shall be provided to the communications tower and/or communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved with a width of at least 10 feet with a dust-free, all-weather surface for its entire length. Use of existing driveways and parking areas is encouraged.
(6)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
(7)
Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided that the communications equipment building is unmanned.
(8)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(9)
In the C-1 and B-1 Zoning Districts, the maximum height of any communications tower shall be 150 feet; provided, however, that such height may be increased to no more that 200 feet, provided that the required setbacks from adjoining property lines (not lease lines) are increased by two feet for each one foot in excess of 150 feet. In the M-1 and M-2 Light Industrial Zoning Districts, the maximum height of any communication tower shall be 200 feet.
(10)
The foundation and base of any communications tower shall be set back from an abutting property line (not lease line) in any residential district at least 200 feet or 200% of the height of the communications tower, whichever is greater, and shall be set back from an abutting property line (not lease line) in any nonresidential district at least 100% of the tower height. Tower height shall be measured from ground level to the highest point on the communications tower. In no case shall the tower be set back a distance less that the minimum setback otherwise applicable under the zoning ordinance for structures generally in the zoning district.
(11)
The lot on which the tower is located shall not be within 2,000 feet, measured property line to property line, of a structure or lot listed on the State or Federal historic register or in a designated historic district.
(12)
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
(13)
Existing vegetation on the site shall be preserved to the maximum extent possible during construction and operation of the tower.
(14)
The communications equipment building shall comply with the required yard and height requirements of the applicable zoning district for an accessory structure.
(15)
The applicant shall submit certification from a Pennsylvania-registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association.
(16)
The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(17)
The tower owner shall have an on-going duty to inform the Township in writing and within 10 days of any change in ownership of the tower.
(18)
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times. Guy wires shall comply with the yard requirements of the applicable zoning district for a principal use structure.
(19)
The site of a communication tower shall be secured by a fence with a minimum height of six feet to limit accessibility by the general public.
(20)
No signs, lights, sirens or horns shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction. Any lighting required to be located on the tower shall be shielded and reflected away from adjoining residential properties to the maximum extent allowable by the governmental agency.
(21)
Communications towers shall be protected and maintained in accordance with the requirement of the Harrison Township Code.
(22)
A minimum of one off-street parking space shall be provided within the fenced area.
(23)
There shall be a maximum of one communications tower per lot, regardless of lease lines.
(24)
If a communications tower remains unused for a period of 12 consecutive months, the owner or operator thereof shall dismantle and remove the communications tower within six months of the expiration of such twelve-month period.
(25)
The owner or operator of a communications tower which exceeds 50 feet in height shall submit to the Township proof of an annual inspection conducted by a registered Pennsylvania structural engineer, at the owner's expense, and an updated maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the Township by a registered Pennsylvania structural engineer at the owner's expense.
(26)
Financial security shall be posted in an amount sufficient to guarantee the Township adequate funds to accomplish the removal of the tower in the event that the owner or operator thereof does not dismantle and remove the tower as required. Such financial security shall be in an amount set by the Township Engineer and shall be acceptable in form and content to the Township Solicitor. To the extent that the financial security provided maybe inadequate to cover the cost of removing such tower, the Township may lien the property upon which the tower is constructed to recover such removal costs as well as the Township's costs and legal fees incurred in connection with the filing and enforcing of such lien. In addition, should any tower owner or operator be delinquent in its duty to dismantle and remove tower hereunder, no further approval shall be issued by the Township for other towers to be owned, operated, leased or used by such delinquent owner or operator.
(27)
The applicant shall provide documentation evidencing the approval of the property owner for the tower as proposed, the property owner's acknowledgement of having read the applicable portions of the zoning ordinance, and the property owner's acknowledgement of the Township's right to lien the property for any cost pertaining to the removal of the tower as set forth herein.
B.
The applicant shall demonstrate that it is using existing stealth technology to the greatest extent available and appropriate given the environment and neighborhood surrounding the tower. For the purposes of this Section, "stealth technology" is defined as man-made trees, steeples, flagpoles, silos, light poles, barns, lofts and other similar alternative-design structures that place, support or serve as communication towers or communications antennas, but which camouflage or conceal the presence of communications towers or communications antennas.
312.2.
Standards for Communications Antennas Mounted on an Existing Structure. Communications antennas as mounted on existing structures are permitted by right in S-1, C-1, B-1, M-1 and M-2 Districts as an accessory use to a legally existing structure, provided that no antenna shall be permitted on one-family or two-family or townhouse dwellings, and provided that in the S-1 District the structure upon which the antenna is mounted is at least eight stories in height and the antenna is mounted on the rooftop of such structure, and further provided that all of the following conditions are met.
[Amended by Ord. 1973, 9/22/2014]
A.
Communications antennas mounted on a structure shall not exceed the height of that structure more than 15 feet.
B.
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit a copy of the lease or other document evidencing approval of the owner of the existing building for the antenna and evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is to be mounted.
C.
If an improved access to the structure on which the antennas are to be mounted is not existing at the time the antennas are mounted, the applicant shall provide access. The easement shall be a minimum of 20 feet in width and shall be improved with a width of at least 10 feet with a dust-free, all-weather surface for its entire length. Use of existing driveways and parking areas is encouraged.
D.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be so mounted for review by the Ordinance Officer and Township Engineer for compliance with general safety and design standards and other applicable law.
E.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
F.
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation and shall not interfere with domestic communications devices such as radios, televisions, telephones and computers.
G.
The site of a communication equipment shelter/cabinet, if located outside the building on which the antennas are located, shall be secured by a fence with a minimum height of six feet to limit accessibility by the general public.
H.
The communications equipment shelter/cabinets not exceed 300 square feet in footprint and shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure, and all appropriate permits, including building and occupancy, shall be obtained.
I.
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
J.
Where possible, a building-mounted antenna shall be made to blend into the facade of the building on which it is mounted so as to minimize the visibility of the communications antenna.
K.
Off-street parking space for at least one vehicle shall be provided.
L.
Placement of the equipment shelter or cabinet shall not obstruct free flow of traffic on the site, shall not reduce any parking required by this Chapter and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.
M.
The top point height of any telecommunications antenna located on a telecommunications tower may exceed the height requirements for telecommunication towers stated in this Chapter to encourage co-location.
N.
The antenna use or structure shall not include the transaction of business of the public, storage of materials, trucks or repair facilities or housing or repair areas.
312.3.
Site Plan and Application Requirements.
A.
All applications for conditional use approval shall be accompanied by a plan drawn to the specifications and containing the contents described in § 402 of this Chapter and shall supply any other information needed to determine whether all applicable standards are met by the application.
B.
Application for proposed towers or antennas shall include a picture of the proposed tower or antenna.
312.4.
Towers Located on Municipal Property. In all zoning districts, antennas or towers located on property owned or leased by the Township of Harrison or by a municipal authority incorporated by Harrison Township shall be a permitted use, provided that:
§ 313 Requirements for Planned Shopping Centers.
[Ord. 1944, 11/23/2009]
Planned shopping centers shall be permitted uses in the B-1 Business Zoning District subject to the following requirements:
1.
Minimum Site Area. The minimum site area for a planned shopping center shall be in accordance with the following:
Total Gross Leasable Area of Planned Shopping Center | Required Minimum Site Area |
|---|---|
50,000 square feet or less | 5 acres |
50,001 to 99,999 square feet | 12 acres |
100,000 to 199,999 square feet | 24 acres |
200,000 square feet or more | 30 acres |
2.
Parking and Loading Facilities.
A.
Parking spaces shall be provided in accordance with the following ratios:
(1)
Retail uses: 4.5 parking spaces per every 1,000 square feet of gross leasable area; the ratio may be based upon the gross leasable area of all retail uses within the planned shopping center, regardless of the number of lots that make up the planned shopping center so long as reciprocal parking agreements reasonably satisfactory to the Township in form and content are in place governing the various lots in the planned shopping center.
(2)
Restaurants: 10 parking spaces per every 1,000 square feet of gross leasable area.
(3)
Banks: three parking spaces per every 1,000 square feet of gross leasable area.
(4)
All other uses not specified: one parking space per every 250 square feet of gross leasable area.
B.
Driveways and traffic aisles serving individual parking spaces shall not be less than 24 feet wide for ninety-degree parking, 12 feet wide for parallel parking, 17.5 feet for sixty-degree parking and 13 feet wide for 45° parking. No driveway or traffic aisle used for interior circulation shall have traffic lanes less than 12 feet in width.
C.
Off street loading spaces shall be provided in accordance with the following requirements:
Gross Leasable Area | Spaces Required |
|---|---|
Under 20,000 square feet | 1 space total |
20,000 to 49,999 square feet | 2 spaces total |
50,000 to 79,999 square feet | 3 spaces total |
80,000 to 150,000 square feet | 4 spaces total |
For each additional 50,000 square foot (or portion thereof) over 150,000 square feet | 1 additional space in addition to the first 4 spaces |
3.
Lighting.
A.
Average maintained illumination levels in the parking area shall be no less than two footcandles.
B.
There shall be no spillover lighting on any adjacent street or residential property in excess of 0.2 footcandle.
C.
Parking area lighting luminaries shall have ninety-degree cutoff from the vertical. Light pollution (upward) and light trespass, as defined by the Illuminating Engineering Society of North American (IESNA) Lighting Handbook, shall not be permitted.
4.
Landscaping.
A.
At least 5% of the interior of all parking areas shall be landscaped with trees, grass, shrubs or similar materials in accordance with a landscaping plan that has been approved by the Township.
B.
Trees shall be planted within the planned shopping center and its yards in accordance with a landscaping plan that has been approved by the Township and per the following schedule:
Gross Leasable Area | Required Trees |
|---|---|
30,000 square feet or less | 1 tree for each 1,000 square feet of gross leasable area |
30,001 square feet 75,000 square feet | 30 trees, plus 1 tree for each 3,000 square feet (or portion thereof) of gross leasable area in excess of 30,000 square feet |
Over 75,000 square feet | 45 trees, plus 1 tree for each 10,000 square feet (or portion thereof) of gross leasable area in excess of 75,000 square feet |
C.
Planned shopping centers directly adjoining any residentially zoned district shall provide a buffer yard immediately adjacent to such residentially zoned district of not less than 20 feet in width in which all buildings, parking, streets and other paved areas and any other structures (other than stormwater facilities) whatsoever are prohibited. The buffer yard shall contain trees, grass, groundcover, shrubs, bushes or other natural landscaping materials deemed to be suitable in the reasonable discretion of the Township's landscape consultant so as create an effective visual screen at all seasons between the planned shopping center and any directly adjoining residentially zoned district. The buffer yard shall retain, to the extent possible, any preexisting trees or other plantings.
5.
Signs.
A.
A planned shopping center is permitted to have one monument sign, in addition to any monument signs permitted for outparcel buildings under Subsection 5D(3)(c), provided that such monument sign must be in place of and not in addition to any pylon sign. Such monument sign must:
[Amended by Ord. 1950, 9/22/2011]
B.
One pylon sign shall be permitted at each signalized entrance to the planned shopping center from a state highway, arterial or collector street. One pylon sign shall also be permitted at the rear of the planned shopping center so long as such pylon sign is oriented towards a State highway. Each pylon sign shall be no higher than 45 feet and shall contain total sign face areas of no more than 500 square feet.
C.
Within a planned shopping center, directional signs not exceeding six feet in height and six square feet in area shall be permitted in such number as necessary to accommodate the safe and efficient flow of vehicles and pedestrians within and around the planned shopping center.
D.
Individual Business Signs and Signs for Outparcel Buildings.
[Amended by Ord. 1950, 9/22/2011]
(1)
Businesses within a planned shopping center having a gross leasable area in excess of 60,000 square feet shall be permitted to have wall signs, the aggregate area of which signs shall not exceed two square feet for each linear foot of the front exterior wall of the business’ premises, or 500 square feet for all businesses, whichever is greater, provided that outparcel building signs shall be governed by Subsection 5D(3).
(2)
Businesses within a planned shopping center having a gross leasable area of less than 60,000 square feet shall be permitted to have wall signs, the aggregate area of which shall not exceed two square feet for each linear foot of the front exterior wall of the business’ premises, or 100 square feet for all businesses, whichever is less, provided that outparcel building signs shall be governed by Subsection 5D(3).
(3)
Outparcel buildings.
(a)
Outparcel buildings with a single occupant within a planned shopping center shall be permitted one main occupant identification sign per exterior wall, plus one directional or product-oriented sign per exterior wall, provided that no main identification sign shall exceed 60 square feet, and no such directional or product-oriented sign may exceed 50% of the area of the main sign. The aggregate surface area of all such wall signs shall not exceed two square feet for each linear foot of the front exterior wall width of the building. For the purposes of this Subsection 5D(3), the front exterior wall shall be that wall fronting on the public street from which access in the planned shopping center is provided.
(b)
For each separate leased premises within an outparcel building with multiple occupants, two wall signs shall be permitted, provided that three signs shall be permitted for each leased premises located at the ends of the building, and further provided that there shall be no more than two signs per exterior wall for each leased premises. The aggregate surface area of all such wall signs at a premises shall not exceed two square feet for each linear foot of the front exterior wall width of the premises. If there are two signs on one exterior wall of a leased premises, only one sign may be a main occupant identification sign, and the other may be a directional or product-oriented sign. No main identification sign shall exceed 60 square feet, and no directional or product-oriented signs may exceed 50% of the area of the main sign.
(c)
Monument Signs.
[1]
Each outparcel building is permitted one monument sign, to be oriented in a direction perpendicular to the front exterior wall of the outparcel building.
[2]
A monument sign shall contain a solid base across the width of the sign.
[3]
A monument sign must contain the building’s street address number.
6.
Outdoor Displays/Sale Areas. Planned shopping centers may include areas for outdoor displays and sales by owners or tenants of gross leasable area within the planned shopping center, including, but not limited to seasonal outdoor activities, sidewalk sales, outdoor seating for restaurants, outdoor displays of merchandise or vehicles, demonstrations of the use of merchandise and similar activities so long as the areas proposed for such purposes are so identified on the final approved land development for the planned shopping center.
§ 314 Buffer Areas and Landscaping.
[Ord. 1944, 11/23/2009]
314.1.
Buffer Areas Described. Unless more stringent regulations are specified in this Chapter, buffer areas, as defined and required by this Chapter, shall meet all of the following criteria.
A.
Buffer Area "A" shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen plantings spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The depth of Buffer Area "A" shall be 35 feet as measured from the property line.
B.
Buffer Area "B" shall contain one row of plantings, which shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The depth of Buffer Area "B" shall be 25 feet as measured from the property line.
C.
Buffer Area "C" shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature and that are a minimum of six feet in height at the time of planting. The depth of Buffer Area "C" shall be 15 feet as measured from the property line.
D.
None of the required plantings shall encroach across any property line. All plantings shall be located so that, at maturity, all parts of the tree shall be a minimum of 2 1/2 of feet from any public street right-of-way or any property line that constitutes the exterior boundary of the buffer area.
E.
In the event that existing vegetation and/or existing topography provides screening that is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the Board of Commissioners, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Board of Commissioners to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
F.
In the event that a public street right-of-way, dedicated and accepted by the Township, separates the two dissimilar uses specified, the buffer area shall not be required.
G.
In the case of a lot that is deeper than 400 feet, the requirement to provide the buffer area along the entire perimeter of the lot may be waived by the Township Commissioners, provided the required buffer area is installed along the side property lines and across the rear yard at a sufficient depth to screen the buildings and parking areas from adjacent properties.
H.
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving a site.
I.
No structures or uses shall be permitted in the required buffer area, other than fences, active or passive recreation facilities and stormwater management facilities, provided that the structures or uses do not interfere with the required plantings in the buffer area, and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces and lighting devices.
J.
When common open space is provided on a development site, the required buffer area shall be located within the common open space and shall not be located on any individual residential lot.
314.2.
Buffer Areas Required. Buffer Areas "A," "B" and "C" shall be required under the following circumstances:
A.
Buffer Area "A" shall be required:
(1)
Along all property lines where any development in the M-1 or M-2 Districts adjoins property in the R-1, R-2, R-3, R-4, B-1, C-1, or S-1 Districts.
(2)
Along all property lines where any development in the B-1 District adjoins property in any R District.
(3)
Where the express standards and criteria for a conditional use or use by special exception in this Chapter specify that Buffer Area "A" is required.
(4)
Along all property lines where a planned residential development adjoins property in any R District.
(5)
Along all property lines where multifamily dwellings adjoin property in an R-1 or R-2 District.
B.
Buffer Area "B" shall be required:
(1)
Along all property lines where any development in the B-1 District and any nonresidential development in the C-1 or S-1 District adjoins property in any R District or any residential property in the V District.
(2)
Along all property lines where the expansion of a legal nonconforming use in the V District or in any "R" District adjoins property in an R District or residential property in the V District.
(3)
Where the express standards and criteria for a conditional use or use by special exception in this Chapter specify that Buffer Area "B" is required.
C.
Buffer Area "C" shall be required:
(1)
Where the express standards and criteria for a conditional use or use by special exception in this Chapter specify that Buffer Area "C" is required.
(2)
On developed nonresidential properties in the B-1, C-1, S-1 or V District where existing conditions such as building location and existing paving of the parking lot make it impossible to meet the requirements for Buffer Area "B" along a property line that adjoins property in the R District or residential property in the V District.
314.3.
Conflict Between Buffer Area and Yard Requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of this Chapter, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
314.4.
Existing Structures in Buffer Areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure that encroaches on the required buffer area. The required buffer area shall apply on all other sides of the existing structure.
314.5.
Existing Trees in Buffer Areas.
A.
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this Section shall be subject to the maximum penalties authorized by this Chapter.
B.
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. (See Appendix A for a suggested list of plant materials.[1]) All such replacement planting shall be in accordance with accepted conservation practices.
[1]
Editor's Note: Appendix A is included at the end of this Chapter.
C.
Where, in the opinion of the Planning Commission, the existing trees and landscaping in the buffer yard is equal to or exceeds the required landscaping, the Planning Commission may permit the existing trees and plantings to substitute for new plantings.
314.6.
Size of Trees in Required Buffer Areas.
A.
Any existing trees within the required buffer area that are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required Buffer Area.
B.
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree, which shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
314.7.
Responsibility for maintenance. It shall be the responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. Upon inspection by the Township and issuance of an enforcement notice, the landowner or lessee shall replace required landscaping materials with like type and size if the required plant materials do not survive for any reason at any time after occupancy of the property.
314.8.
Stormwater Management Facilities in Buffer Areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
314.9.
Landscaping of Open Areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs or flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding shall occur by April 15, and erosion and sedimentation controls acceptable to the Township Engineer shall be installed during the winter months and until such landscaping is completed.
314.10.
Additional Landscaping Specifications.
A.
Landscaping shall be provided in accordance with the following specifications:
(1)
Planting required in buffer area as outlined in this Chapter shall not be substituted for any required planting mandated in this Section.
(2)
Plant materials shall be selected from the List of Suggested Plant Materials in Appendix A or equivalent materials.[2]
[2]
Editor's Note: Appendix A is included at the end of this Chapter.
(3)
The landscaping plan required by the Township Subdivision and Land Development Ordinance shall contain the following information to demonstrate compliance with this Chapter:
(a)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.
(c)
Any planting in excess of the requirements in this Chapter.
(d)
Any existing trees or vegetation that are to be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation that will be removed, accurately identifying their relative location.
(4)
Parking areas shall be landscaped in accordance with the following:
(a)
Parking areas containing more than 20 spaces shall provide landscaping as required below:
1)
In parking areas containing 50 or more parking spaces, at least 5% of the interior paved area shall be landscaped.
2)
The area of the front yard between the street rights-of-way and parking located in a front yard shall be seeded with grass or planted with ground cover and shall be landscaped with trees and/or shrubs that comply with the requirements for maintaining traffic visibility.
3)
In the event that a parking area containing 20 or more spaces is not already screened by a buffer area, then Buffer Area "C," as defined in this Chapter, shall be provided along any property line where the parking adjoins property in an R Residential Zoning District or residential property in the V District.
(5)
In any nonresidential development, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required buffer area or parking area:
Building Footprint | Requirement |
|---|---|
1,000 square feet to 30,000 square feet | 1 tree for each 1,000 square feet of building footprint |
30,001 square feet to 75,000 square feet | A minimum of 30 trees plus 1 tree for each 3,000 square feet of building footprint in excess of 30,000 square feet |
Over 75,000 square feet | A minimum of 45 trees plus 1 tree for each 5,000 square feet of building footprint over 75,000 square feet |
(a)
The required trees shall be planted in clusters on the site and shall be distributed throughout the site to enhance the open space on the site. The final location of the plantings shall be subject to approval by the Township depending on the size of the site, the magnitude of the required buffer area and the amount of paving and building coverage proposed.
(6)
In any development that contains multifamily dwellings, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required buffer area or parking area:
Number of Multifamily Dwellings | Required Trees |
|---|---|
First 25 dwelling units | 1 tree for each dwelling unit |
26 to 100 dwelling units | 25 trees plus 1 tree for each 2 dwelling units in excess of 25 dwelling units |
101 to 200 dwelling units | 62 trees plus 1 tree for each 3 dwelling units in excess of 100 dwelling units |
201+ dwelling units | 95 trees plus 1 tree for each 4 dwelling units in excess of 200 dwelling units |
(a)
The required trees shall be planted as front yard trees or may be clustered in groups around the multifamily dwelling units and shall not be located within any public street right-of-way.
(7)
All trees that are required to be planted as per the regulations of this Chapter shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting, measured along the trunk of the planted tree, which shall be planted in accordance with accepted conservation practices.
(8)
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. Imminent development shall be considered to be development that is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight hours per day, 40 hours per week basis (utilizing a five-day on, two-day off, standard workweek basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Township.
(9)
Any existing trees that are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
B.
Landscaping required under this Chapter shall be installed in accordance with the time provisions and requirements for erosion and sedimentation control specified in this Chapter.
314.11.
Posting of Bond for Landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of 36 months from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
§ 315 Conversion of Residential Dwellings Prohibited.
[Ord. 1946, 9/27/2010]
In all zoning districts, no single-family house, two-family house or multifamily house may be converted to contain a greater number of dwelling units. "Converted," for the purpose of this Section, means the remodeling or alteration of, or an addition to, an existing structure to result in a greater number of dwelling units than existed prior to such remodeling, alteration or addition. "Converted" does not include the removal of a building and its replacement with a new building containing more dwelling units than the first building.
§ 316 Medical Marijuana Dispensary Buffer Distance.
[Ord. 1992, 2/27/2017[1]]
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center.
[1]
Editor's Note: Section IE of this ordinance provided: "The amendments in this Ordinance do not, and are not intended to, exempt any conduct from, or create a legal defense to, otherwise applicable provisions of state or federal law."
§ 317 School Bus Depot Permitted Use Criteria For S-1 Special District.
[Added by Ord. No. 2009, 9/23/2019]
1.
A school bus depot shall be available as a permitted use in the S-1 Special District provided that all of the following criteria are met:
A.
The lot upon which the depot is located shall abut upon Freeport Road or Springhill Road, which abutting highway shall be the sole means of access to the site for buses.
B.
The lot upon which the depot is located shall not abut any property zoned R-1, R-2, R-3 or V.
D.
Prior to operation of any bus fueling facilities, the appropriate Township first responders shall be provided with opportunity to inspect the site and become familiarized with the site and fueling facilities.
E.
No later than one year after issuance of a zoning approval for a school bus depot use, a building shall be constructed on the lot where buses are parked, of sufficient size to accommodate enclosed bus maintenance and cleaning and to provide all office and restroom facilities for the school bus depot. If no such building is under construction at the end of one year after issuance of a zoning approval for a school bus depot use, the zoning approval shall expire and school buses shall be removed from the lot within 30 days after expiration of the approval. The one-year period may be extended by the Board of Commissioners for good cause shown for delay.
F.
School bus routing will avoid, to the extent feasible, sending empty buses, leaving or returning to the depot, along Township roads designed primarily to permit direct access to abutting properties in residential areas.