Hempfield Township City Zoning Code
ARTICLE XX
Special Provisions
§ 87-126 Performance standards.
All land uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board of Supervisors may require a plan of the proposed construction or development and a description of equipment or techniques to be used during operation of the proposed use. The Board may assign a private third-party agency to provide measurements for the respective performance standards. Any associated testing fees must be paid by the applicant to the Township.
A.
Fire protection.
(1)
Any activity involving the handling or storage of flammable or explosive materials shall require that fire-prevention and firefighting equipment acceptable to the National Fire Protection Association is available on site while such activity is taking place.
(2)
Fire and explosive hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate UL-approved safety devices against the hazards of fire and explosion and adequate firefighting and fire-suppression equipment and devices as detailed and specified by the Pennsylvania Department of Labor and Industry and other regulators under the laws of the commonwealth. All buildings, structures and activities within such buildings and structures shall conform to the Pennsylvania Uniform Construction Code and any other applicable laws of the Commonwealth of Pennsylvania.
B.
Electrical disturbance. No activity shall cause repetitive or continuous electrical disturbance adversely affecting the operation of television and radio broadcasting transmissions or other communication equipment in the vicinity.
C.
Glare. Lighting devices which produce direct or reflected glare on adjoining properties or thoroughfares shall not be permitted. For purposes of interpreting this subsection, "glare" shall be defined as direct or indirect light from any source which exceeds 1/2 footcandle on any adjoining property.
D.
Erosion. No erosion by wind or water shall be permitted in excess of that permitted under an erosion and sedimentation control plan approved by the Westmoreland County Conservation District.
E.
Air quality and water pollution.
(1)
Discharges of substances into the air shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (DEP) and the United States Environmental Protection Agency (US EPA).
(2)
Water discharges shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (DEP), the United States Environmental Protection Agency (US EPA) and the Pennsylvania Fish and Boat Commission. No land development shall be approved by the Planning Commission until the necessary permits from the Pennsylvania Department of Environmental Protection's (DEP) State Water Pollution Control Program have been applied for. No land development shall be approved by the Board of Supervisors until the necessary permits from the Pennsylvania Department of Environmental Protection's (DEP) State Water Pollution Control Program have been obtained.
(3)
Upon notification by an individual or party of a possible air- or water-pollution discharge, the Zoning/Code Enforcement Officer will contact the DEP. DEP will conduct all necessary testing and will make recommendations.
(4)
No use in any zoning district may discharge any waste contrary to the provisions of the state law governing discharges of radiological, chemical or biological wastes into the air or surface or subsurface waters.
(5)
No use in any zoning district may discharge into the sanitary sewage treatment facilities any waste that cannot be adequately treated by biological means.
§ 87-127 Special standards for multifamily dwellings.
A.
Applicability. The following site design standards shall be used in the development or redevelopment of all multifamily structures located in the RR, SR, CR, VR, TC-R, NC, LC or RC Zoning District. No development approval shall be granted, nor building permit issued, that does not meet these design standards, except as provided herein. In the event that there are conflicting standards with other provisions of other Township ordinances, the stricter standards shall apply.
B.
Purpose. The Township is establishing design standards for multifamily buildings to achieve the following purposes:
(1)
To preserve, protect and promote the public health, safety and welfare.
(2)
To protect the Township from unregulated construction of inferior and unsuitable buildings that are more prone to damage caused by fire, flood, high winds and other natural disasters that can result in physical injury to residents of those buildings.
(3)
To preserve, enhance, and balance the environmental, social, cultural and aesthetic values desirable in a rural-suburban community while promoting the development of a variety of high-quality housing choices consistent with the objectives of the adopted Comprehensive Plan.
(4)
To protect property values of adjoining lower-density residential properties from inferior and incompatible construction.
(5)
To promote development that is harmonious with surrounding sites and preserves the sense of community.
(6)
To increase the overall economic tax base of the Township by attracting quality development.
(7)
To create and add to the visual interest of the Township's streets by ensuring quality and consistency in architectural character and style; avoiding featureless building massing; providing design details to reduce the visual scale of large multifamily buildings; achieving unity of design through the use of similar materials; and ensuring use of durable and attractive building materials.
C.
Minimum lot size. Any land development containing multifamily units shall require a minimum lot size of five acres.
E.
Building spacing. Spacing between multifamily buildings shall guarantee adequate light, air and emergency access. For any land development containing two or more multifamily buildings of one or more types on a single lot, side and rear yard setbacks shall not apply between buildings and shall be replaced by a minimum building spacing of 30 feet between adjacent building side walls and 50 feet between a rear wall and any point on an adjacent building wall. Setbacks shall continue to apply to any building abutting a front, side or rear lot line.
F.
Building mass and form.
(1)
All multifamily buildings shall be designed to provide complex massing configurations with a variety of different wall planes and roof planes. Plain, monolithic structures with long, monotonous, unbroken wall and roof surfaces of 50 feet or more are prohibited. At least every 50 linear feet, wall and roof planes shall contain offsets or setbacks with a differential in horizontal plane of at least four feet. (See Figure 1.)
Figure 1 — Examples of Varied Roof Planes and Wall Surfaces  |
(2)
The facades of single-family attached townhouses should be articulated to differentiate individual units.
(3)
Small multifamily buildings. To the maximum extent practicable, the massing and use of exterior materials on single-family attached dwellings, duplexes, triplexes and quadplexes should be arranged so as to give the building the appearance of a large single-family detached home. (See Figure 2.)
Figure 2 — Examples of Multifamily Buildings Resembling Single-Family Homes  |
G.
Building materials.
(1)
Exterior materials:
(a)
For all multifamily buildings, an amount equal to 75% of the total net exterior wall area of each building elevation, excluding gables, windows, doors, and related trim, shall be brick, stone, natural wood or manufactured siding.
(b)
Brick or stone to grade foundations shall be required for all multifamily buildings.
(c)
Upon approval by the Township, a man-made material may be substituted for some or all of the required brick, stone or wood, provided the applicant can demonstrate that:
[1]
The material is widely available and has been used for the same purpose in similar structures elsewhere;
[2]
The material is durable and can withstand the weather conditions typical for the region; and
[3]
The material looks sufficiently similar to brick, stone or wood and is compatible with other exterior materials being used for the building exterior.
(2)
Roof materials. Predominant roof materials shall be high-quality, durable material such as, but not limited to: clay or concrete tiles, composition shingles, and asphalt shingles.
H.
Accessory buildings to multifamily dwellings.
(1)
Detached garages and carports and other accessory structures, including but not limited to grouped mailboxes, storage and maintenance facilities, recreational facilities, picnic shelters, and gazebos, shall incorporate compatible materials and scale as the primary multifamily buildings.
§ 87-128 Model homes.
§ 87-129 Temporary businesses and tents.
A.
Purpose. It is the intent of the Township to regulate temporary businesses and the temporary use of tents so as to:
(1)
Preserve, protect and promote the public health, safety and welfare;
(2)
Provide for the orderly and lawful conduct of business in the Township;
(3)
Promote economic activity that complements existing businesses and other uses;
(4)
Ensure that such activities are conducted in appropriate locations that do not cause hazardous conditions for vehicles or pedestrians; and
(5)
Protect property values of adjacent and nearby businesses and residences.
B. FOOD TRUCK TEMPORARY BUSINESS TENT
Definitions. The following terms shall have the following meanings when used in this article, unless a different meaning clearly appears from the context:
A movable retail food facility, such as a stand, vehicle, cart, basket, box or similar structure, from which food is stored, prepared, processed, distributed or sold and the facility must meet the following requirements: pay a $100 annual fee to operate within the Township, must have a valid Department of Agriculture license, must have a valid ServSafe® certification, and must have a valid Hempfield Township food truck license.
[Added 7-27-2020 by Ord. No. 2020-03]
The sale of goods or services sold by a business being operated in the Township for a period of no more than 10 consecutive business days or a maximum of 28 business days per calendar year, but shall not include the sale by farmers of their own produce. Any such business that operates for more than 10 consecutive business days or more than 28 business days per calendar year shall not be a temporary business and shall require a zoning permit from the Zoning/Code Enforcement Officer. For the purposes of this section, the time periods set forth above shall apply to all sites upon which a temporary business is operated and shall be considered as cumulative., e.g., three temporary businesses under the same business ownership shall only be entitled to a total of 10 consecutive business days or a maximum of 28 business days per calendar year.
[Amended 7-27-2020 by Ord. No. 2020-03]
A shelter of canvas or the like supported by poles or other stakes and fastened by cords to pegs which are either driven into the ground or secured to the ground by any other method. A tent shall include air-supported structures and canopies which are open on more than 75% of at least three sides.
C.
Temporary businesses.
(1)
No person shall operate a temporary business within the Township unless it meets the following conditions:
(a)
The temporary business is a permitted use in the district in which it is proposed to be located.
(b)
Vehicles and pedestrians can safely enter and exit the location where the temporary business will be located.
(c)
Adequate parking shall be provided for the temporary business, determined in accordance with the standards provided for the closest type of business in Article XXI.
(d)
Nothing in the proposal will violate any provisions of this chapter or any other Township law or ordinance.
D.
Temporary use of tents.
(1)
Any tent shall comply with the bulk and yard requirements of the district in which it is located.
(2)
Tents in residential districts. Tents are permitted in all residential districts, without a permit, for personal home use or a homeowner-hosted function, for a period not more than 10 days per calendar year. Any tent associated with a nonresidential use shall not be permitted in a residential district.
(3)
Tents in nonresidential districts. Tents are permitted in all nonresidential districts provided they meet the following conditions:
E.
Permits.
(1)
A permit shall be required for the operation of any temporary business or temporary use of a tent in a nonresidential district.
(2)
An application for a permit shall be made at the Township Zoning Office upon forms provided by the Township. Such application shall be sworn to or affirmed and filed with the Township Zoning Office at least 72 hours prior to the time in which the permit applied for shall become effective. The application herein required shall contain the following information:
(a)
The name and permanent address or headquarters of the person applying for the permit;
(b)
If the applicant is not an individual, the names and addresses of the applicant's principal officers and managers;
(c)
The name and address of the person or persons who will be in direct charge of conducting the activity;
(d)
A description of the type of business to be conducted and the types of goods and services to be sold;
(e)
The time within which the temporary business will be operated or the tent will be used;
(f)
The location of the business in the Township; and
(g)
Written and signed consent of the party on whose property the temporary business or tent shall be located.
(3)
Investigation by the Zoning Office. The Zoning/Code Enforcement Officer shall examine each application filed for a permit and shall make, or cause to be made, such further investigation of the application and the applicant as the Zoning/Code Enforcement Officer shall deem necessary. The permit will be issued when the Zoning/Code Enforcement Officer determines all requirements of this section have been met.
(4)
Fee for permit. Before a permit is issued, a fee shall be paid to the Township, which shall be established by resolution of the Board of Supervisors from time to time.
(5)
Permit nontransferable. Any permit issued under this chapter shall be nontransferable.
(6)
Single annual permit. No person who is issued a permit for a temporary business or temporary use of a tent pursuant to this section shall receive more than two permits in any single calendar year for any single property.
§ 87-130 Uses requiring land development plan approval.
A.
For any structure or use other than a single-family dwelling or an accessory use or structure in any zoning district, the Zoning/Code Enforcement Officer shall not issue a zoning permit for the establishment of a new use or the construction of a new structure on any property unless a land development plan has been approved in accordance with the procedures and requirements of Chapter 76, Subdivision of Land. Any addition to or enlargement of a nonresidential structure, which constitutes either a fifty-percent increase in the gross floor area of the building or a total addition of 2,500 square feet, shall require submission and approval of a land development plan as a prerequisite for obtaining a zoning permit; provided, however, that any expansion, addition, or enlargement of a nonresidential structure existing prior to July 15, 2003, shall submit a land development plan as a prerequisite to obtaining a zoning permit.
B.
Every land development plan submitted in accordance with the requirements of this section shall contain such information and be in such form required by Chapter 76, Subdivision of Land.
C.
The land development plan shall be filed and reviewed by the Township Planning Commission pursuant to the requirements set forth in Chapter 76 of the Code of the Township and the requirements set forth in this chapter.
D.
In considering any land development plan, the safety and convenience of traffic movement, both within the site covered and in relation to access streets to the site, and the harmonious and beneficial relationships of buildings on the site, as well as contiguous properties, shall be considered.
E.
This requirement for certain land development plans to be reviewed under Chapter 76, Subdivision of Land, does not relieve the Zoning/Code Enforcement Officer of his duty to determine whether or not the proposed use or building conforms to all regulations pertaining thereto as set forth in this chapter.
§ 87-131 Criteria for approving land development plan.
When required by this chapter, land development plan approval shall be prerequisite to the granting of a zoning permit by the Zoning/Code Enforcement Officer. In considering approval of a land development plan, the following criteria shall be met:
A.
Traffic circulation on the site and ingress/egress to and from the site onto streets providing access to the site shall be designed to ensure safety and convenience.
B.
The location of buildings on the site shall be designed to ensure adequate access by firefighting and other emergency vehicles and shall bear a harmonious relationship with buildings on contiguous properties.
C.
Parking areas and pedestrian walkways shall be lighted to create a level of lighting throughout the area of not less than one footcandle when measured three feet above the pavement. Lighting shall be directed or shielded so as to not create glare on adjacent residential properties or public streets. Light standards in parking areas shall be protected from accidental damage by vehicles.
D.
Outside storage. All outside storage shall comply with the provisions of this chapter.
(1)
In addition, on properties where food is served in paper or styrofoam containers, covered waste receptacles shall be located on the premises for use by the patrons. The management shall be responsible for maintaining the property free from litter.
(2)
Any establishment which furnishes carts or mobile baskets to shoppers shall provide definite enclosed areas within the required parking area for storage of the carts or mobile baskets. The storage areas shall be clearly marked for storage of shopping carts. The use of these areas shall not be counted towards the calculations of minimum parking area requirements.
(3)
In any multifamily residential development where dumpsters are provided for common use by the residents, the dumpsters shall be located at least 10 feet from any lot line adjoining a single-family dwelling and shall be screened by a six-foot hedge or opaque screening fence. The area shall be maintained free from litter.
E.
All areas of the property not used for parking or occupied by buildings shall be landscaped and maintained in grass or other vegetative ground cover.
F.
Erosion and sedimentation control and stormwater management plans shall comply with the minimum requirements of this chapter and any other applicable regulation of the Township, county or commonwealth.
G.
The land development plan shall demonstrate compliance with all applicable requirements of this chapter.
§ 87-132 Utilities and essential services.
All projects that require the additional use of new facilities or essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, streetlighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval. Nonavailability of essential services shall be considered grounds for denying permits for additional development until such services are available. The Township is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be constructed at the cost of the developer. All service extensions shall be designed and installed in full conformance with the Hempfield Township Municipal Authority standards for such service and shall be subject to review, permit and inspection as required by other policies or ordinances/resolutions of the Township and/or the Hempfield Township Municipal Authority.
§ 87-133 Storage of garbage, trash and recycling.
Every building in every zoning district, except single- and multifamily residential buildings and agricultural buildings, shall contain an area, enclosed on all four sides, and having a concrete floor, with proper drainage, to be used for the storage of garbage, rubbish, trash, refuse, junk, recyclable materials and discarded articles. Multifamily residential buildings may contain room(s) or area(s) or, in the alternative, may have erected on the same zoning lot a separate totally enclosed structure, with a roof and concrete floor area designed consistent with the main building, for the storage of such articles. The size of such room, area or separate structure shall be sufficient to accommodate the maximum volume of such discarded articles originating from the main and accessory buildings and the zoning lot where situated. The size and location of such trash area or separate structure shall be subject to the approval of the Township Planning Commission as part of the land development plan review.