Jackson Township Lebanon County
City Zoning Code
City Zoning Code
PART 14
SUPPLEMENTARY DISTRICT REGULATIONS
§ 27-1401 Intent.
[Ord. 8, 4/3/1972, as amended by Ord. 6/4/1984, 6/4/1984, § 12.01]
The supplementary district regulations are designed to contain a list of complementary and general requirements which augment and clarify regulations listed elsewhere in this chapter. Where applicable, these regulations shall apply uniformly to every use, activity, building or structure hereafter erected, altered, established or expanded. These regulations apply to all zoning districts and are listed comprehensively herein to avoid duplication and repetition throughout the remainder of this Chapter 27.
§ 27-1402 Accessory Buildings and Structures.
[Ord. 8, 4/3/1972, § 14.2; as amended by Ord. 6/4/1984, 6/4/1984, § 12.02; and by Ord. No. 1-2019, 4/1/2019]
Any building or structure attached to a principal building in any manner shall comply in all respects with the yard requirements of this chapter for a principal building. No separate or detached building or structure shall be permitted in any required front yard. (See "lot, through" and "lot, corner" in § 27-101.) Accessory buildings located in the R-1 and/or R-2 District shall not be permitted within five feet of any side or rear lot line; in all other residential or commercial districts, accessory buildings shall not be less than 10 feet from a side or rear lot line. In all districts, accessory buildings shall not be less than 10 feet from a side or rear lot line. In all districts, where the entrance to a garage abuts a public alley, said garage entrance shall be no less than 15 feet from the right-of-way of such alley.
§ 27-1403 Accessory Uses.
[Ord. 8, 4/3/1972; as amended by Ord. 6/4/1984, 6/4/1984, § 12.03]
1.
Private, noncommercial swimming pools which are designed to contain a water depth of 24 inches or more, regardless of whether they are permanently affixed or movable, shall be located on the same lot or tract as the dwelling and shall be permitted neither in the required front yard nor closer to any street line than the dwelling. In all other yards, a pool shall not be closer than 15 feet to any lot line, as measured from the water's edge. Any deck, patio, or impermeable surface, not under roof or otherwise enclosed, which surrounds, is attached to, or associated with a pool shall be no closer than 10 feet to the side or rear lot line. All such pools will be enclosed with a fence or other permanent protective barrier at least four feet in height.
[Amended by Ord. No. 1-2019, 4/1/2019]
2.
Private tennis courts shall be permitted within side or rear yards provided that such facility shall not be less than 15 feet from side or rear lot lines.
3.
Nothing in this section shall be constructed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety, and/or welfare of the community.
§ 27-1404 Projections Into Yards.
[Ord. 8, 4/3/1972; as amended by Ord. 6/4/1984, 6/4/1984, § 12.04]
The following projections shall be attached to a building, may be permitted in required yards and shall not be considered in the determination of yard size.
A.
Patios, pave terraces, decks, or open, unroofed porches shall be permitted in all yards provided that such structures shall be no closer than five feet to any lot line and no greater than five feet above finished grade.
B.
Projecting architectural features — bay windows, cornices, eaves, fireplaces, chimneys, window sills, or other architectural features, provided they do not extend more than five feet into any required yard nor closer than three feet to any adjacent property lines; however, any canopies, porte cocheres or other roofs that extend more than five feet from the building line as defined in Part 1 of this chapter, shall be subject to the yard requirements applied from the lot line to the edge of the roof.
C.
Stairs, landings, and decks which are unroofed, provided that they are no closer than five feet to any lot line.
D.
Open balconies or fire escapes provided such balconies or fire escapes are not supported on the ground and do not project more than five feet into any required yard nor closer than three feet to any adjacent property line.
§ 27-1405 Home Occupation Regulations.
[Ord. 8, 4/3/1972; as amended by Ord. 6/4/1984, 6/4/1984, § 12.05]
A home occupation as defined in Part 1 may be permitted in any district under the following conditions:
A.
The proprietor of the home occupation shall reside on the premises and shall be the property owner or a member of the immediate family of the property owner. The home occupation shall be incidental to the use of the property as a residence, and there shall be no exterior evidence of the occupation nor change to the appearance of the dwelling to facilitate the operation of the occupation, other than one small sign as provided in Part 16 of this Chapter 27.
B.
The home occupation shall be conducted wholly within the dwelling and shall not occupy more than 25% of the habitable floor area nor more than 750 square feet. This area shall include all functions or activities of the home occupation.
C.
The proprietor may employ not more than one assistant who does not reside within the dwelling used for the home occupation.
D.
In addition to the parking required for residents, after consideration of vehicular traffic patterns, parking congestion, volume of the customers visiting the business, number of assistants used in the home occupation and any other factors which would affect the aesthetic climate of the area or the safety of the residents in the area, parking spaces may be required for home occupations. All street parking improvements shall comply with Part 15 of this Chapter 27.
E.
Any home occupation or accessory function of a home occupation which may create objectionable noise, fumes, odor, dust, electrical interference, or substantially more than normal residential traffic shall be prohibited.
§ 27-1406 Visibility at Intersections.
[Ord. 6/4/1984, 6/4/1984, § 12.06]
On a corner lot in any district a clear sight triangle shall be provided at all street intersections. Within such triangles, no vision obstruction objects (other than utility poles) shall be permitted which obscure vision above the height of 30 inches and below 10 feet as measured from the center line grade of intersection streets. Such triangles shall be established from a distance of:
§ 27-1407 Fences, Walls and Hedges.
[Ord. 6/4/1984, 6/4/1984, § 12.07; as amended by Ord. No. 1-2018, 2/5/2018; and by Ord. No. 3-2021, 5/17/2021]
1.
Unless otherwise regulated, and except as stated in Subsection 2, fences, walls, and hedges may be permitted in any required lawn or along the edge of any yard. However, no fence, wall, or hedge along the sides or front edge of any front yard shall be over 30 inches in height and shall not obstruct visibility. The foregoing limitations shall not apply to fences installed in accordance with the requirements of §§ 27-902 and 27-1002 regarding self-storage facilities.
2.
The installation of chain-link security fencing, up to eight feet in height, with a translucency of at least 75% shall be permitted in any required yard of a business, manufacturing, or storage facility in the industrial, commercial, or agricultural district. When installed at a corner lot, or at a driveway which enters or exits onto a roadway, the fence shall be set back and angled in accordance with the Jackson Township line-of-sight visibility regulations. The fence may contain up to three runs of barbed wire at the top of the fence for additional security. All fences shall be maintained to control the growth of adjacent grass, brush, and weeds to Township standards.
§ 27-1408 Erection of More Than One Principal Structure on a Lot.
[Ord. 2-1977, 9/6/1977, § 2; as amended by Ord. 6/4/1984, 6/4/1984, § 12.08]
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter and the Jackson Township Subdivision Ordinance [Chapter 22] shall be met for each structure as though it were on an individual lot.
§ 27-1409 Structures to Have Access.
[Ord. 8, 4/3/1972, § 14.5; as amended by Ord. 6/4/1984, 6/4/1984, § 12.09]
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved public or private street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
§ 27-1410 Water Supply and Sewage Facilities Required.
[Ord. 8, 4/3/1972; as amended by Ord. 6/4/1984, 6/4/1984, § 12.10]
In the interest of protecting the public health, safety, and welfare, every building or structure hereafter erected, altered or moved upon any premises and used in whole or in part for dwelling, commercial or recreational business, or industrial purpose shall be provided with both a safe and sanitary water supply and a safe and sanitary means of collection and disposal of residential, commercial, or industrial sewage. Such facilities shall conform to the minimum requirements set forth by the Department of Environmental Resources.
§ 27-1411 Minimum Floor and Lot Area Requirements.
[Ord. 8, 4/3/1972; as amended by Ord. 4-1975, 12/15/1974; by Ord. 6/4/1984, 6/4/1984, § 12.11]
Unless otherwise regulated in this chapter, every dwelling unit hereafter designed, established, or erected shall contain a minimum habitable floor area of 700 square feet. Existing two-family or multifamily development shall only be expanded or enlarged provided that a minimum lot area of 3,000 square feet is provided for each dwelling unit located on said property.
§ 27-1412 Foundations.
[Ord. 6/4/1984, 6/4/1984, § 12.12]
All dwelling units hereafter erected or altered shall have a permanent continuous foundation. The footer shall be installed to a minimum depth of 24 inches below ground level.
§ 27-1413 Corner Lot Restrictions.
[Ord. 6/4/1984, 6/4/1984, § 12.13]
In all districts, corner lots shall have no required rear yards but shall have two required front yards as measured from the road right-of-way line and two required side yards as measured from the lot lines.
§ 27-1414 Required Front Yard Exceptions.
[Ord. 4-1975, 12/15/1975, § 13; as amended by Ord. 6/4/1984, 6/4/1984, § 12.14]
Where an unimproved lot of record is situated between two improved lots, the front yard requirements for the district may be modified so that the front yard may be an average of the adjacent existing front yards. Where an unimproved lot of record is adjacent to one improved lot which was developed prior to the enactment of this chapter, the front yard requirements of the unimproved lot may be reduced to the average of the existing improved lot setback and required front yard.
§ 27-1415 Animals.
[Ord. 8, 4/3/1972, § 14.8; as amended by Ord. 6/4/1984, 6/4/1984, § 12.15]
Customary household pets shall be permitted in any district; however, novelty pet kennels and uses involving animal husbandry shall be permitted only as indicated in the appropriate district regulations.
§ 27-1416 Dangerous Structures.
[Ord. 6/4/1984, 6/4/1984, § 14.16]
Upon notification and request by the Zoning Administrator, any building or structure which has deteriorated to the state where it is dangerous and/or unsafe for human occupancy, constitutes a fire hazard, endangers surrounding buildings, shelters rats or vermin, or endangers the safety of children playing thereabouts shall be repaired, altered or removed to eliminate the dangerous conditions. Such improvements shall commence within 30 days and be completed within 90 days of notification by the Zoning Administrator.
§ 27-1417 Gasoline Pumps and All Other Equipment.
[Ord. 6/4/1984, 6/4/1984, § 14.17]
Gasoline pumps, tanks, and all other service equipment shall be located not less than 35 feet from any lot line and/or road right-of-way and located such that the vehicles stopped for service will not extend over the property line.
§ 27-1418 Parking and Storage of Certain Vehicles.
[Ord. 8, 4/3/1972, § 14.7; as amended by Ord. 5-1981, 10/19/1981, Art 1; by Ord. 6/4/1984, 6/4/1984, § 12.18]
Automotive vehicles or trailers of any kind without a current, valid license plate and/or state inspection shall not be parked or stored on any property other than in completely enclosed buildings or properly approved junkyards. Additionally, such vehicles shall not be parked or stored along public streets in any zoning district.
§ 27-1419 Parking, Storage or Use of Major Recreational Equipment and Utility Trailers.
[Ord. 8, 4/3/1972, § 14.6; as amended by Ord. 6/4/1984, 6/4/1984, § 12.19; and by Ord. No. 5-2018, 7/2/2018]
For the purposes of these regulations, "major recreational equipment" is identified as including boats and boat trailers, travel trailers, pick-up campers, or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not, as well as utility trailers, unless being used temporarily to load or unload property or structure building or maintenance material. Such equipment may not be used for living, sleeping or housekeeping purposes. Such equipment can be stored in rear and side yards only. Such vehicles shall not be parked or stored along public streets in any zoning district. Vehicles described in this section may not be stored in any front yard, whether licensed or not.
§ 27-1420 Mobile Home Parks and Mobile Home Subdivisions.
[Ord. 6/4/1984, 6/4/1984, § 12.20]
All mobile home parks and mobile home subdivisions hereafter erected, established, substantially altered, or expanded shall comply with the requirements of § 27-802, Subsection 9B, of this chapter. However, alterations or expansion of said parks or subdivisions shall not require special exception approval before the issuance of a building and zoning permit.
§ 27-1421 Exceptions to Height Regulations.
[Ord. 8, 4/3/1972, § 14.4; as amended by Ord. 6/4/1984, 6/4/1984, § 12.21]
The height limitations of this chapter shall not apply to church spires; farm structures when permitted by other provisions of this chapter (e.g., silos, barns, etc.); belfries, cupolas, penthouses or domes not used for human occupancy; flagpoles, chimneys, ventilators, skylights, water tanks, bulkheads and similar features; utility poles and standards; and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and then only in accordance with any other governmental regulations.
§ 27-1422 Public Utilities Exemptions.
[Ord. 8, 4/3/1972, § 14.10; as amended by Ord. 6/4/1984, 6/4/1984, § 12.22]
For the purposes of this chapter, public utility exemptions to district requirements shall extend only to accessory support and maintenance structures and buildings not requiring human occupancy. Such uses and structures including fences shall be located no closer than 10 feet to any lot line or road right-of-way line. Principal utility structures (e.g., sewage treatment plants, electrical power plants, etc.) shall be permitted in any district but shall comply in all respects with the requirements for a principal use of the district in which they will be located. In either case, said utility corporation shall secure a building and zoning permit from the Zoning Administrator prior to the start of construction. Said permit application shall include any and all approvals required by other agencies, etc., for the use specified.
§ 27-1423 Sandpits, Gravel, Pits, Etc.
[Ord. 8, 4/3/1972; as amended by Ord. 6/4/1984, 6/4/1984, § 12.23]
Sandpits, gravel pits, removal of topsoil, and the excavation, extraction or removal of any natural resource from the land or ground for any purpose are permitted subject to the following conditions:
A.
Application for the special exception shall be accompanied by an approved Department of Environmental Resources permit authorizing said activities.
B.
The proposed operation shall not adversely affect soil fertility, drainage, and lateral support of abutting land or other properties, nor shall it contribute to soil erosion by water or wind.
C.
Whenever the location of the excavation to roadways, adjoining properties, or the nature of the population density in the area may warrant, the Board, in its discretion, where any excavation will have a depth of 10 feet or more and a slope of more than 30%, shall require an appropriate, protective fence with suitable gates where necessary, effectively blocking access to the area in which extraction is located. Such fence shall be located no less than 50 feet from the edge of the excavation. All operations shall be screened from nearby residential uses as required by the Zoning Hearing Board.
D.
That portion of access roads located within 100 feet to any lot in residential use or lot zoning residentially shall be provided with a dustless surface. Access road shall connect to collector or mayor road networks avoiding undue movement through residential areas.
E.
At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.
F.
A site plan for rehabilitation, showing both existing and proposed final contours, shall be submitted. After any such operations, the site shall be made reusable for a use permitted in the Zoning District. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation is terminated. Except where lakes are created and retained, the area shall be brought to final grade by a layer of earth at least two feet deep or to original thickness, whichever is less, and capable of supporting vegetation. Fill shall be of an acceptable material.
§ 27-1424 Wireless Telecommunications Facilities.
[Ord. 8, 4/3/1972; as added by Ord. 2-2000, 5/15/2000, § 2]
1.
Purpose. In recognition of the quasi-public nature of personal wireless service facilities, the purpose of this Section is:
A.
To regulate the placement, construction and modification of communications and transmissions antennas and communications towers to protect the public safety and welfare.
B.
To accommodate the need for communications antennas while regulating their location in the Township.
C.
To minimize adverse visual effects of antennas and communications towers through proper design, siting, painting and vegetative screening.
D.
To encourage co-location of antennas and the use of existing structures to reduce the number of such structures needed in the future.
E.
To avoid potential damage to adjacent properties from communication tower failure and falling ice or debris, through engineering and proper siting of communication towers.
F.
To minimize any adverse effects of location and design or personal wireless facilities on residential property values.
G.
To ensure that antennas and communication towers will be removed in the event that such structures are abandoned or become obsolete and are no longer necessary.
H.
To promote co-location of emergency service antennas.
2.
Wireless communications facilities shall comply with the following provisions in addition to any other and all other ordinance provisions of this Chapter or provisions of other ordinances of the Township of Jackson which may additionally pertain to wireless communication facilities:
A.
Communication antennas may be attached to buildings or structures, (i.e. water tower or tall building) except single family and two family residential dwellings, and shall be a permitted use in all districts, provided that the following requirements are met:
(1)
Antennas shall not exceed the height of the existing structure by more than 20 feet.
(2)
Omnidirectional or whip Communications Antennas shall not exceed 20 feet in height and seven inches in diameter.
(3)
Directional or panel communications antennas shall not exceed five feet in height or width with a maximum surface area of 15 square feet.
(4)
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, ice and other loads associated with the antenna location.
(5)
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 mounted on the Structure for review by the Jackson Township Code Enforcement Office for compliance with the Township of Jackson Building Code and other applicable law.
(6)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(7)
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(8)
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township of Jackson, nor shall they create crosstalk or otherwise interfere with other methods of telephone communication.
(9)
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
(10)
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
(11)
Communications antennas and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
3.
Communications towers are permitted as a conditional use in Commercial and Agricultural Districts after notice and hearing before the Board of Supervisors provided that the following requirements are met:
A.
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
B.
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 1/2 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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
A commercially reasonable agreement could not be reached with the owners of such structures.
C.
Communications towers shall minimum of 500 feet from any existing residential structure.
D.
In all other respects, communications towers permitted under this Section shall comply with the requirements set forth for communications towers in an industrial district.
E.
Applicant shall demonstrate that the proposed tower does not interfere with airport zoning regulations or flight paths.
F.
The Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this Section, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this Chapter.
4.
Communications towers are permitted in the Industrial District and shall comply with the following provisions in addition to other ordinance provisions:
A.
Yard Regulations.
(1)
Communication towers shall be setback from all property lines or lease lines the greater of a distance equal to 35% of the height of the structure or to the yard setbacks applicable to the zoning district in which the structure is to be located, whichever is greater.
(2)
Communications towers shall be set back a minimum of 500 feet from residential districts, as well as 500 feet from residential structures in all other districts.
(3)
Communications equipment buildings shall comply with the yard requirements of the zoning district in which they are located.
B.
Height Regulations.
(1)
Communications towers, including attached antennas shall be kept to a minimum height needed to function in accordance with industry standards. In case of co-usage, the communication structure height may be adjusted to account for other users. In no case shall any communications tower exceed a maximum height of 200 feet.
(2)
Communications equipment buildings shall comply with building height requirements in the zoning district in which they are located.
C.
Separation. A minimum of 10 feet shall be maintained between any communications tower, or portion thereof, and all buildings except the associated communications equipment building.
D.
Access. Access shall be provided to the lot or leased parcel on which the communications tower or communications equipment building is located by means of a public street and/or easement to a public street. The easement shall be a minimum of 20 feet in width and the access shall be paved to a width of at least 10 feet for its entire length.
E.
Off-Street Parking. A minimum of one paved off-street parking space shall be provided on the lot or leased parcel on which the communications tower and/or communications equipment building is located. The required parking shall be in accordance with the provisions of off-street parking regulations provided for in this Chapter.
F.
Fencing.
(1)
A fence shall be required around the equipment building(s) and other equipment. The fence shall be a minimum of six feet in height and a maximum of eight feet in height; shall completely enclose the antenna, support structure and related facilities, shall not contain openings greater than nine square inches; and shall contain, at all entrances, gates which shall be locked except during such time as the site is manned by authorized operations or maintenance personnel.
(2)
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within the fenced enclosure.
G.
Landscaping. The following landscaping shall be required to screen as much of the communications tower as possible, the fence surrounding the tower and any other ground-level features (such as a building) and in general soften the appearance of the personal wireless service facility site. If the antenna is mounted on an existing structure and other equipment is housed inside an existing structure, landscaping shall not be required.
(1)
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted eight feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
(2)
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(3)
Where buffer yards and screen planting are required elsewhere in the ordinance, the required screen planting shall be in addition to the landscaping required in this Section.
H.
Communications Tower Color. Communications towers shall be painted in a color that best allows blending into the surroundings, unless otherwise required by the FAA regulations. The use of grays, blues, and greens may be appropriate.
I.
Communications Tower Equipment and Accessory Buildings. Accessory buildings must conform to all requirements of the zoning district in which the antenna and support structure are located.
J.
Lighting. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction. Site lighting shall be allowed provided such lighting does not shine or reflect on adjacent properties.
K.
Compliance and Safety.
(1)
The applicant shall demonstrate that the proposed antenna and communication tower are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris.
(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)
All communications towers shall be fitted with anti-climbing devices, as approved by the manufacturers.
(4)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.
(5)
Inspection. Beginning in December of 2000 and by December of each even numbered year thereafter, the owner of the communications tower shall have the tower inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of communications towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection class checklist provided in the Electronics Industries Association (EIA) Standard 222 Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report shall be provided to the Township.
(6)
The tower and related facilities shall in no way interfere with any airport zoning regulations or approach paths.
L.
Abandonment and Removal.
(1)
Any communication facility that is no longer in use for its approved purpose shall be removed at the owner's expense. The owner shall provide the Township with a copy of the notice to the FCC of intent to cease operations. If the facility remains unused for a period of six consecutive months, the owner shall be given 90 days from the end of the six-month period to remove the communication structure and all accessory structures. In the case of multiple operators sharing use of a single communications tower, this provision shall not become effective until all users cease operations. The equipment on the ground is not to be removed, however, until the tower portion of the communication facility has first been dismantled and removed.
(2)
The applicant upon approval shall be required to post suitable financial security for removal of any abandoned facilities. The amount of financial security necessary for removal shall be certified by a professional engineer.
5.
Where a communications tower and/or communications equipment building are proposed as a conditional use, application shall be submitted to the Jackson Township Board of Supervisors.
6.
Prior to the issuance of a building permit for the erection of a communications tower or communications equipment building, applicants must receive approval of a land development plan from the Jackson Township Board of Supervisors. The land development plan shall comply with the Code of Ordinances of Jackson Township, Chapter 22, "Subdivision and Land Development."
7.
A formal land development plan shall not be required if the antenna is to be mounted on an existing structure in accordance with the provisions of this Section.
8.
Amateur Radio. These regulations shall not govern any tower, or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio status operator.
§ 27-1425 Intensive Animal Husbandry.
[Added by Ord. No. 1-2019, 4/1/2019]
1.
Animal husbandry, intensive is permitted in Chapter 27, Part 6, § 27-602, subject to the following permit criteria:
A.
The applicant shall demonstrate receipt of all state and local highway occupancy permits required by various regulations governing such permits.
B.
A concentrated animal operation shall provide a copy of an approved nutrient management plan and an approved odor management plan as required and in accordance with the Nutrient and Odor Management Act regulations at 25 Pa. Code § 83.201 and 25 Pa. Code § 83.701.
C.
A concentrated animal feeding operation shall provide the following information:
(1)
A copy of an approved nutrient management plan and an approved odor management plan as required and in accordance with the Nutrient and Odor Management Act regulations at 25 Pa. Code § 83.201 and 25 Pa. Code § 83.701 and as required pursuant to the Clean Streams Law regulations at 25 Pa. Code § 92a.29(e)(1);
(2)
An approved NPDES permit pursuant to 25 Pa. Code § 92a.29 and 25 Pa. Code § 92a.49;
(3)
An erosion and sediment control plan, if required, pursuant to 25 Pa. Code § 92a.29(e)(2); and
(4)
A water quality management permit, if required, pursuant to 25 Pa. Code § 92a.29(e)(3).
§ 27-1426 Through Lots.
[Added by Ord. No. 1-2019, 4/1/2019]
Through lots shall be required to meet zoning requirements for only one front yard. The front yard shall be that part of the lot between the front main entrance of the principal structure and the public road. The lot on the directly opposite side of the principal structure shall be considered the rear yard.
§ 27-1427 Short-Term Rentals.
[Added by Ord. No. 4-2021, 11/1/2021]
1.
Title. This section shall be known and may be cited as the "Jackson Township "Short-Term Rental Ordinance."
2.
Scope.
A.
The provisions of this section shall apply to all residential dwelling units in the Residential, Low Density, Agricultural, Commercial and Industrial zoning districts, or as well as conversions of nonresidential structures residential dwellings and all existing premises within said zoning districts of the Township of Jackson. The owner of the subject property shall be responsible for compliance with the provisions of this section, and the failure of an owner, person-in-charge, or renting occupants that violate the provisions of this section shall be deemed a violation by the owner.
B.
No short-term rentals shall be permitted in the Residential (R2) Medium Density Residential District and the Recreational Residential (RR) District.
C.
This section shall not apply to a hotel/motel/inn, bed-and-breakfast, lodging house or group care facility when the property owner, or a representative, is present on site at the property on a twenty-four-hour-per-day basis.
3.
Intent. The intent of the use of single-family and multifamily dwelling units, duplexes, guest houses, caretaker units, apartments, and other structures normally occupied for residential purposes, for short-term rentals or other transient lodging purposes is to provide to its property owners a supplementary income that can increase and enhance public access to areas of the Township and other visitor destinations. Such use may also increase levels of commercial and residential vehicular traffic, demand for parking, light and glare, and noise detrimental to surrounding residential uses and the general welfare of the Township. This section allows the transient use of residential property in the Residential (R1) Low Density, Agricultural (A), Commercial (C), and Industrial (I) districts under the following conditions.
4. AGRICULTURAL DISTRICT ANNUAL TERM BED-AND-BREAKFAST BEDROOM COMMERCIAL DISTRICT DAY GUEST DWELLING UNIT INDUSTRIAL DISTRICT OCCUPANT OWNER PERSON-IN-CHARGE RESIDENTIAL DISTRICT (LOW DENSITY OR MEDIUM DENSITY) SHORT-TERM RENTAL LICENSE SHORT-TERM RENTAL UNIT TENANT
Definitions. For the purposes of this section, words and terms used herein shall be interpreted as follows:
Defined as in the Township's Zoning Ordinance.
January 1 through December 31.
An owner-occupied, single-family detached structure or portion thereof that includes rental of overnight sleeping accommodations and bathroom access but does not provide any cooking facilities or provision of meals for guests other than breakfast.
A room or space designed to be used for sleeping purposes, with two means of egress (one of which may be a window acceptable under the building code), a closet and in close proximity to a bathroom. Space used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses are not considered bedrooms. Space used or intended for general and informal everyday use such as a living room, den, sitting room or similar room is not to be considered a bedroom.
Defined as in the Township's Zoning Ordinance.
A visitor to the short-term rental property, who is not an occupant as defined herein.
A dwelling unit as defined in the Township's Zoning Ordinance.
Defined as in the Township's Zoning Ordinance.
A person staying at the short-term rental unit overnight. A person located on this short-term rental premises shall be deemed an occupant unless otherwise established to be an owner, person-in-charge, tenant, or day guest.
A person having legal or equitable ownership of the short-term rental property. If there is more than one such person or entity, then "owner" shall mean each such person or entity, individually and collectively.
A person or agent with actual authority to represent the owner for purposes of contact and communication regarding the owner's short-term rental property. A person-in-charge must reside in or have an office within 15 miles of the short-term rental property and be able to act as the legal agent for the owner. The Township shall be notified, in writing, within 14 days if there is change in the identity of the person-in-charge.
Defined as in the Township's Zoning Ordinance.
Permission granted by the Township to utilize a dwelling unit for short-term rental use.
Any dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for period of 30 days or less.
Refers to the primary individual who signed an agreement with the owner or owner's agent for the temporary/transient use of the short-term rental for 30 consecutive calendar days or less. A tenant who resides in the premises shall be an occupant as well.
5.
License Required. No owner of any property in the Township of Jackson shall operate a short-term rental in the permitted districts of Jackson Township without first obtaining a short-term rental license from the Township. Operation of a short-term rental unit without such short-term rental license is a violation of this section.
6.
License Requirements.
A.
Short-term rental license applications shall contain all the following information:
(1)
Name, address, email and twenty-four-hour telephone number of the owner.
(2)
Name, address, email and twenty-four-hour telephone number of the person-in-charge if different from the owner. A local person-in-charge shall have written authorization to accept service for the owner. Such written authorization shall be provided to the Township with the short-term rental license application.
(3)
If the building is a multiunit structure, the total number of dwelling units in the structure and the number of dwelling units being used as short-term rentals.
(4)
If the premises upon which the short-term rental unit is located is not served by public sewer, the location, approximate age and capacity of the on-lot sewage disposal system (holding tanks and portable toilets are not permitted). The owner of the property shall provide to the Township, for approval by the Sewage Enforcement Officer, satisfactory proof that the on-lot disposal system has been inspected and is in working condition, and that the tank was pumped within three years of the owner's application. The owner shall maintain the short-term rental property septic system on a pumping schedule of not more than every three years, and provide the Township satisfactory written proof of compliance upon its request, or license application renewal.
(5)
Signatures of both the owner and the local person-in-charge.
(6)
A trespass waiver signed by the owner allowing access to the property for the Code Enforcement Officer for the purpose of inspection to verify compliance with this section.
(7)
Copy of the current recorded deed for the property establishing ownership.
B.
A short-term rental license shall be issued only to the owner of the short-term rental property.
(1)
A separate short-term rental license is required for each dwelling unit; for two-family or multifamily dwellings, a separate license shall be required for each dwelling unit being rented as a short-term rental unit.
(2)
A short-term rental license is effective for a period of one annual term, or until any of the conditions of the short-term rental which are governed by this section are changed, whichever shall first occur. A short-term license must be renewed annually or upon the change in any of the conditions of the short-term rental unit which are regulated by this section.
(3)
The Township shall prescribe forms and procedures for the processing of license applications under this section.
(4)
Licenses are Nontransferable. If ownership of a short-term rental unit property changes, the new owner(s) shall complete a new license application before renting any part of the dwelling unit for a short-term rental and must pay any annual fee.
(5)
The owner or person-in-charge shall respond to the Code Enforcement Officer within one hour after being notified of the existence of a violation of this section or of any disturbance requiring immediate remedy or abatement. If the person-in-charge is not the owner, they shall immediately advise the owner of any notification of a violation.
7.
Short-Term Rentals Standards.
B.
A number of bedrooms permitted for a short-term rental unit shall not exceed the number of bedrooms approved for the dwelling unit on a sewage permit issued for such property. Where there is no sewage permit on record, the short-term rental unit shall be limited to three bedrooms unless proof is provided by the Sewage Enforcement Officer to the Township that the on-lot system is adequate to handle additional flows. Any short-term rental advertising more than five bedrooms shall provide proof that the on-lot disposal system is adequate to handle such flows by having this system approved by the Sewage Enforcement Officer, or by providing the on-lot disposal permit previously issued by a Sewage Enforcement Officer. If an on-lot disposal malfunction occurs, short-term rental dwelling use shall be discontinued until the malfunction is corrected in accordance with Township and Pennsylvania Department of Environmental Protection requirements for on-lot disposal systems.
C.
Outdoor parking for tenants, occupants, or day guests shall be limited to available parking areas on the short-term rental property. In no event shall parking for short-term rental tenants include spaces in any public street, right-of-way or on any lawns or vegetated areas. A maximum of one car per bedroom is permitted for any short-term rental unit.
D.
A short-term rental property shall not have any outside appearance indicating a change of use from the surrounding residential uses.
E.
No short-term rental occupants or guests shall engage in any disorderly conduct or disturb the peace and quiet of any nearby neighborhood or person by loud, unusual or excessive noise, by tumultuous or offensive conduct, public indecency, threatening, quarreling, fighting, or creating any dangerous or physically offensive condition.
F.
The owner and/or owner's agent shall use best efforts to assure that the occupants or guests of the short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or otherwise violate any provision of the Township of Jackson Codified Ordinances or any state or federal law pertaining to noise or disorderly conduct, including, but not limited to, notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating laws, ordinances, or regulations regarding their occupancy.
G.
The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or otherwise violated provisions of the Township of Jackson Codified Ordinances or state law pertaining to noise or disorderly conduct, promptly use best efforts to prevent a recurrence of such conduct by those occupants or guests.
H.
Overnight occupancy of recreational vehicles, camper trailers and tents at the property where the short-term rental is located shall be prohibited. Outdoor overnight sleeping of occupants or guests of the short-term rental unit is prohibited.
I.
All short-term rentals shall have a clearly visible and legible notice posted within the dwelling unit or on or adjacent to the front door containing the following information:
(1)
The name of the owner of the unit or the person-in-charge and a telephone number at which that party can be reached on a twenty-four-hour basis.
(2)
The 911 address of the property.
(3)
The maximum number of occupants permitted to stay in the dwelling unit and the maximum number of day guests permitted at one time in the short-term rental unit.
(4)
The maximum number of all vehicles allowed to be on the property and the requirement that all guests park in the available parking areas at the property and not in or along any private, community or public street, right-of-way or on any lawn or vegetated area on the property.
(5)
Notification of the trash pickup day shall be posted. Moreover, trash shall not be stored outside the short-term rental unit unless stored in an approved trash receptacle.
(6)
Notification that an occupant or guest may be cited and fined for creating a disturbance or for violating other provisions of the Township of Jackson Codified Ordinances, including parking and occupancy limits.
(7)
Notification that short-term rental occupants and guests are required to make the dwelling unit available for inspection by the Code Enforcement Officer upon request.
(8)
The owner or person-in-charge shall post the short-term rental license at a conspicuous place in the unit.
J.
All short-term rental units shall be equipped with the following:
(1)
Smoke detectors in each bedroom.
(2)
Smoke detectors outside each bedroom in any common hallway.
(3)
Smoke detectors on each floor.
(4)
GFI outlets for outlets located within six feet of a water source.
(5)
Aluminum or metal exhaust dryer vent.
(6)
Carbon monoxide detector if open flame (oil or gas) furnace, gas or wood fireplace, or woodburning stove is used.
(7)
Carbon monoxide detector if a garage is attached.
(8)
Fire extinguisher in kitchen in a conspicuous location.
(9)
Stairs (indoor and outdoor) in good condition.
(10)
Any other occupancy requirements which may be added by ordinance revision by the Board of Supervisors from time to time.
8.
Fees, Term and Renewal.
A.
Short-term rental fees payable to the Township of Jackson upon the filing of a short-term rental license application shall be in such amount as may be established by resolution duly adopted by the Board of Supervisors from time to time.
B.
Any short-term rental license is good for a period not to exceed one year from the date of issuance and shall be renewed annually. Short-term rental license renewal fees payable to the Township of Jackson upon the filing of a short-term rental license renewal application shall be in such amount as may be established by resolution duly adopted by the Board of Supervisors from time to time.
C.
Short-term rental license renewal applications shall contain information regarding any changes from the preceding application with respect to any matter governed by this section.
D.
In connection with the establishment and adoption of a fee schedule under this section, the Board of Supervisors may adopt a policy of exempting a property owner from license renewal fees in a calendar year based upon the property owner's compliance with this section, and all other Township regulations in the prior calendar year.
9.
Enforcement Officer.
A.
The administrator of this section shall be the Township's Code Enforcement Officer, which shall include any appointed Assistant Code Enforcement Officers. The Code Enforcement Officer shall have the responsibility and authority to administer and enforce all provisions of this section.
B.
The issuance of a short-term license is not a warranty that the premises is lawful, safe, habitable, or in compliance with this section or any other ordinance, law or regulation.
C.
If there is any reason to believe that any provision of this section is being violated, the Board of Supervisors may enter or may cause, through an authorized representative of the Township, entry unto the premises for the purpose of inspection of any and all properties, buildings and/or structures located within the Township for ascertaining the existence of violations of this section. In those matters where the nature of an alleged violation is such that an inspection of the interior of a building or structure is necessitated, prior notice shall be given to the owner and/or his agent to secure access thereto.
10.
Marketing. The marketing of a short-term rental unit in which the advertised occupancy exceeds the maximum occupancy requirements permitted by this section, or which promotes any other activity which is prohibited by this section, shall be considered a violation of this section.
11.
Notice of Violation. If it appears to the Code Enforcement Officer that a violation of this section exists or has occurred, the Code Enforcement Officer shall send a written notice of violation to the owner or person-in-charge by personal delivery or by United States first class certified mail, return receipt requested. The enforcement notice shall identify the premises which is the subject of the violation, enumerate the conditions which constitute the violation, cite the specific sections of this section which are violated, indicate the action required to remedy the violation, and provide a notice that said violation shall be corrected within 10 days of the date of the notice.
12.
Nuisance. In the interest of promoting the public health, safety and welfare, minimizing the burden on the Township and community services, as well as impacts on residential neighborhoods impacted by short-term rentals, a violation of any provision of this section shall be considered a public nuisance.
13.
Denial of Renewal. In addition to, but not, in limitation of, the provisions herein and the Nuisance Ordinance,[1] the Code Enforcement Officer may either revoke or deny an application to renew a short-term rental license for three uncured or repeated violations of this section in any rolling twelve-calendar-month period. The revocation or denial to renew a short-term rental license shall continue for six months for the first occurrence of three uncured or repeated violations, and continue for one year for any subsequent set of three violations.
14.
Owners Severally Responsible. If the premises are owned by more than one owner or entity, each owner or entity shall be jointly and severally liable to be prosecuted for a violation of this section.
15.
Appeals.
A.
Appeals of a determination of the Code Enforcement Officer under this section to deny any applications for or to renew a short-term rental license or to revoke a short-term rental license shall be filed with the Board of Supervisors of the Township of Jackson within 30 days of the date of the denial of application or revocation of license. Appeals shall be processed as follows:
(1)
All appeals shall be in writing and signed by the appellant on forms prescribed by the Township and shall be accompanied by a fee, the amount of which shall be established by the Township Supervisors, which may include notice and advertising costs, as well as necessary administrative fees in relation to the hearing.
(2)
Each appeal shall fully set forth the determination appealed from, a detailed reason or basis for the appeal, and the relief sought.
B.
Hearings. The Board of Supervisors shall conduct hearings and make decisions pursuant to the Second Class Township Code. Moreover, the following standards shall apply:
(1)
Written notice shall be given to the appellant, the Code Enforcement Officer, and to any person who has made timely requests for same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board of Supervisors, but not less than 15 days' prior to the hearing.
(2)
The hearing shall be held within 60 days from the date the appeal is filed, unless the appellant has agreed, in writing, to an extension of that time.
(3)
The hearings shall be conducted by the Board of Supervisors. The decision or, where no decision is called for, the findings shall be in writing by the Board of Supervisors within 45 days after the conclusion of the hearing, unless the appellant has agreed, in writing, to an extension of time and shall be communicated to the appellant and any other parties who have entered their written appearance and requested a copy of the decisions at the addresses provided by them, either by personal delivery or by United States first class mail, postage prepaid.
(4)
The Chairman or Acting Chairman of the Board of Supervisors or the hearing officer presiding shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
(5)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(7)
The Board of Supervisors may, but is not required to, make a stenographic record of the proceedings. In the event the stenographic record of the proceedings is not provided by the Board of Supervisors, a stenographic record shall be made and kept at the request and cost of any party requesting the same. Any party or other person desiring a copy of the stenographic record shall order the copy directly from the stenographer who prepared the same and shall pay the costs imposted by the stenographer for the copy directly to the stenographer.
(8)
The Board of Supervisors shall not communicate, directly or indirectly, with any party or any party's representatives in connection with any issue involved except upon notice and opportunity for all interested parties to participate; shall not take notice of any communication, reports, staff memoranda or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed; and shall not inspect the site or its surroundings after the commencement of hearings with any party or any parties representative unless all parties are given the opportunity to be present.
(9)
Any person or entity violating this section shall be subject to a fine of $1,000 per violation which shall be enforced by a civil proceeding before a Magisterial District Judge. Each day that a violation continues shall constitute a separate and distinct offense. Additionally, any person or entity who violates this section shall be responsible for attorney's fees and costs associated with the enforcement or prosecution of a violation of this section.
(10)
In addition to any other action authorized under this section, the Township shall be permitted, at the discretion of the Board of Supervisors, to bring an action in equity to enforce this section. Any person or entity who violates this section shall be responsible for attorney's fees and costs incurred by the Township associated with the enforcement of this section.
§ 27-1428 Truck Terminal and Warehouse/Logistics Center as Truck Terminal.
[Ord. No. 3-2025, 5/19/2025]
1.
The following requirements shall apply to all truck terminals or warehouse/logistics centers as truck terminals. If any of the following regulations are found to be in conflict with regulations found elsewhere in this Chapter 27 (Jackson Township Zoning Ordinance), the most restrictive regulations shall be applied, unless otherwise stated. As part of the application to the Zoning Hearing Board for a special exception, the applicant shall provide evidence and documentation, including engineered sketch plans, reports, studies, expert testimony, etc. to demonstrate that the proposed truck terminal or warehouse/logistic center as truck terminal will comply with all the following requirements to the satisfaction of the Zoning Hearing Board.
A.
Minimum Lot Area. The minimum lot area for a truck terminal or warehouse/logistics center as truck terminal shall be 10 acres.
C.
Access and Parking.
(1)
Road Access. The use shall have direct access to a road that is classified as principal arterial, minor arterial, or major collector roadway as designated by the Federal Functional Class Map published by the Pennsylvania Department of Transportation. Direct access to any other type of roadway is prohibited.
(2)
Queuing Space. Where gates, guard shacks or checkpoints are proposed at the entrance(s) to the facility, adequate queuing space shall be provided within the property boundaries to prevent stacking of vehicles on or along public streets.
(3)
Traffic Control. Vehicular access shall be arranged so as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties.
(4)
Off-Street Parking. In addition to off-street loading facilities, each use shall provide a minimum of one passenger vehicle parking space per employee on the largest shift.
(5)
Bicycles. Bicycle racks shall be provided at a rate of one bicycle space for each 40,000 square feet of gross floor area.
(6)
Transit. Documented efforts shall be made to connect these facilities to existing public transit systems. Where transit lines and/or routes exist along the frontage of the property, transit shelters shall be provided.
D.
Off Street Loading. Each use shall provide off-street loading facilities which meet the minimum requirements of this Section and are sufficient to accommodate the maximum demand generated by the use.
(1)
Spaces for Tractor Trailers. A minimum of one tractor-trailer space measuring at least 14 feet wide by 74 feet long shall be located at each loading dock/bay. In addition to the required spaces for each loading dock/bay, "stacking/storage" spaces for tractor trailers measuring at least 14 feet wide by 74 feet long in an amount greater than or equal to 10% of the number of loading docks/bays for the stacking/storage of tractor-trailers shall be provided (fractions of spaces shall be rounded up). The parking and stacking design shall provide adequate area/spaces for the parking and stacking of tractor-trailers that are awaiting entry to the loading/unloading area to prevent the backup of tractor-trailers and other vehicles onto public streets. All loading and stacking/storage spaces shall be directly accessible by adequately sized drive aisles.
(2)
Loading Spaces. Each loading space and the needed maneuvering room shall be located entirely on the lot being served and be located outside of required buffer areas and street rights-of-way. No parking or loading/unloading shall be permitted on or along any public road.
(3)
Safety. Each loading space shall have sufficient maneuvering room to avoid conflicts with parking and traffic movements within and outside of the lot. No facility shall be designed or used in such a manner that it creates a safety hazard, public nuisance, or an impediment to traffic off the lot.
(4)
Fire Lanes. Fire lanes shall be provided where required by state or federal regulations or other local ordinances. The specific locations are subject to review by the designated fire company's chief.
E.
Sound/Noise.
(1)
CNEL.
(a)
The Community Noise Equivalent Level (CNEL) at the boundary of the property containing a sensitive receptor, shall not exceed 60 dBA.
(b)
The CNEL at the boundary of any developed property not containing a sensitive receptor shall not exceed 70 dBA.
(c)
Sound that is produced for not more than a cumulative period of one minute in any hour may exceed the standards above by up to 10 dBA.
(2)
The maximum sound levels listed above do not apply to emergency alerts, emergency work to provide electricity, water, or other public utilities when public health or safety is involved, snow removal, or road repair.
F.
Exterior Lighting.
(1)
Horizontal Surfaces. For the lighting of predominantly horizontal surfaces, such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, loading docks, building entrances, sidewalks, bicycle paths, and site entrances, luminaires shall be aimed down, and shall meet Illuminating Engineering Society of North America (IESNA) full cut-off/fully shielded criteria.
(2)
Non-Horizontal Surfaces. For the lighting of predominantly non-horizontal surfaces such as, but not limited to, facades, landscaping, and signs, luminaires shall be shielded and shall be installed and aimed to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward, or onto a public roadway.
(3)
Adjacent Residential Uses. The illumination projected onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight and from any point on the receiving residential property.
(4)
Adjacent Nonresidential Uses. The illumination projected from any property onto a nonresidential use shall at no time exceed 0.5 initial footcandle, measured line-of-sight from any point on the receiving property.
(5)
Glare. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily using such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.
(6)
LED Lights. LED light sources shall have a correlated color temperature that does not exceed 3,000 K.
(7)
Luminaires. Luminaires shall not be mounted more than 20 feet above finished grade of the surface being illuminated.
(8)
Lighting. Lighting for parking areas and vehicular traffic ways shall be automatically extinguished nightly within 1/2 hour of the close of the facility. On/off control shall be by astronomic programmable controller with battery or capacitor power-outage reset. When after-hours site safety/security lighting is proposed, such lighting shall not be in excess of 25% of the number of fixtures required or permitted for illumination during regular business hours. Where there is reduced but continued onsite activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 11:00 p.m. or after normal business hours, or the use of motion sensor control, shall be permitted.
G.
Air Quality.
(1)
Planning. The applicant shall be required to submit qualified expert evidence of the methods that will be used to assure that the proposed use will not contribute materially to air pollution and will comply with all applicable Federal Environmental Protection Agency (EPA) air quality standards. All reasonably foreseeable project impacts, including the project's total, statewide, and cumulative emission impacts, shall be fully analyzed.
(2)
Electric.
(a)
The installation/use of electric hook-ups to eliminate idling of main and auxiliary engines during loading and unloading, and when trucks are not in use shall be provided.
(b)
The use of on-site equipment, such as forklifts and yard trucks, that are electric with the necessary electrical charging stations should provided to the extent practicable.
(4)
Efficiencies. Facility operators, managers, and employees shall be trained in efficient scheduling and load management to eliminate unnecessary queuing and idling of trucks within the facility.
(5)
Compliance. A compliance officer who is responsible for implementing all mitigation measures and providing contact information to the Township's zoning/code enforcement officer shall be appointed.
(6)
Signage. Interior and exterior-facing signs, including signs directed at all dock and delivery areas, identifying idling restrictions and instructions for reporting violations, shall be posted.
(7)
Truck Charging Stations. Electric truck charging stations shall be provided in sufficient proportion to the number of electric trucks loading and unloading at the facility.
(8)
Refrigeration. The applicant shall construct electric plugs for electric transport refrigeration units at every dock door if warehouse use could include refrigeration.
I.
Buffer Yard.
(1)
Where the combined footprint of the principal structure or structures is less than 100,000 square feet:
(a)
A minimum 100-foot buffer yard shall be provided along the entire length of any street frontage of any property upon which the facility is located and along any property line which abuts or is within 500 feet of an existing residential use or zoning district, school, daycare center, hospital, place of worship, designated park, or public open space.
(b)
A minimum 50-foot buffer yard shall be provided along all other property lines.
(2)
Where the combined footprint of the principal structure or structures is between 100,000 square feet and 250,000 square feet:
(a)
A minimum 150-foot buffer yard shall be provided along the entire length of any street frontage of any property upon which the facility is located and along any property line which abuts or is within 500 feet of an existing residential use or zoning district, school, daycare center, hospital, place of worship, designated park, or public open space.
(b)
A minimum 50-foot buffer yard shall be provided along all other property lines.
(3)
Where the combined footprint of the principal structure or structures exceeds 250,000 square feet:
(a)
A minimum 300-foot buffer shall be provided along the entire length of any street frontage of any property upon which the facility is located and along any property line which abuts or is within 500 feet of an existing residential use or zoning district, school, daycare center, hospital, place of worship, designated park, or public open space.
(b)
A minimum 50-foot buffer yard shall be provided along all other property lines.
(4)
Buffer yards along roadways shall be measured from the street right-of-way line.
(5)
Where a drainage or utility easement is required along a property line, the required buffer yard shall be measured from the inside edge of the easement.
(6)
Buffer yards shall not include environmental encumbrances, such as, but not limited to, wetlands, wetland transition areas, riparian buffers, and flood hazard areas as may be imposed by outside agencies.
(7)
The buffer yard shall include a dense landscape buffer consisting of the following:
(a)
One large evergreen tree per 25 linear feet of buffer. The size of large evergreen trees shall be a minimum of eight feet in height at the time of planting. Narrow/upright evergreen species may also be used within buffers at a ratio of 3:1 (i.e., three narrow/upright evergreen trees may be substituted for every one large evergreen tree). No more than 25% of the total required large evergreen species can be substituted with narrow/upright species.
(b)
One canopy (shade) tree per 75 linear feet of buffer. The size of canopy (shade) trees shall be a minimum of 2 1/2 inch caliper at the time of planting.
(c)
One ornamental/flowering tree per 50 linear feet of buffer. The size of ornamental/flowering trees shall be a minimum of eight feet in height for multi-stemmed varieties, or 2 1/2 inch caliper at the time of planting for single-stemmed varieties.
(d)
Five shrubs per 25 linear feet of buffer. Shrubs shall be fully branched and a minimum of three feet in height at the time of planting. Shrubs shall be a combination of evergreen and deciduous species, with a minimum of 50% evergreen.
(8)
The landscape buffer shall be located along the outer edge of the buffer yard.
(9)
The trees and shrubs specified within the landscape buffer shall meet the following requirements:
(a)
Shall be resistant to disease and diesel exhaust.
(b)
Shall not be identified on the most current DCNR invasive species or watch lists.
(c)
Shall be suitable for planting in USDA hardiness Zones 6 and 7.
(d)
Shall be planted on the top and the exterior of any berm to provide effective screening.
(e)
Shall be arranged in groupings to allow for ease of maintenance and to provide a naturalized appearance.
(f)
Shall provide a diversity in plant species, such that no one species accounts for more than 25% of each plant type.
(g)
Shall be arranged to provide a complete visual screen of the property at least 12 feet in height, measured in addition to the height of any required berm, within three years of planting.
(10)
The buffer yard may be located within the required building setback lines. No impervious surfaces are permitted within the buffer yard except for access drives which must connect perpendicularly to the adjoining street to the extent practicable.
J.
Berms. Any vehicle or tractor-trailer or trailer parking lot, outdoor storage area, and loading/unloading areas that are visible from and are within 250 feet of the perimeter lot lines of the use shall be separated from such lot lines by an earthen berm in accordance with the following requirements.
(1)
The berm shall average a minimum of five feet in height above the average adjoining grade ground level (disregarding any drainage channel) on the outside of the berm.
(2)
The berm shall not have one completely continuous height but instead shall vary in height by one foot or two feet regularly across the length of the berm.
(3)
The top of the berm shall be at least five feet wide.
(4)
The berm shall have a maximum side slope of three feet horizontal to one foot vertical.
(5)
The berm shall be covered by a well-maintained all season natural ground cover, such as turf grass.
(6)
Required screen plantings shall be arranged on the outside and on top of the berm.
K.
Community Impact Analysis. As part of the application to the Zoning Hearing Board for a special exception, the applicant shall provide a community impact analysis. The community impact analysis shall include:
(1)
A narrative description of the nature of the on-site activities and operations, including the market area served by the facility; the hours of operation of the facility; the total number of employees on each shift; the times, frequency, and types of vehicle trips generated; the facility's specific operations; the types of materials stored; the destination(s) of the materials stored; and the duration period of storage of materials.
(2)
A site plan of the property indicating the location of proposed improvements, floodplains, wetlands, waters of the commonwealth, and cultural and historic resources on the property and within 500 feet of the boundaries of the property.
(3)
Evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(5)
A general description of environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, heat islands, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinances.
L.
Traffic Impact Study. As part of the application to the Zoning Hearing Board for a special exception, a Transportation Impact Study (TIS) is required. Refer to § 22-407, Subsection 3 of the Jackson Township Subdivision and Land Development Ordinance for TIS requirements. The TIS shall also include a truck routing map identifying the anticipated route(s) to and from the proposed facility to municipal boundaries. The truck routing map shall be consistent with existing truck routing signage and trip distribution data presented in the TIS and shall identify any new proposed truck routes and necessary truck routing signage.
M.
Signage and Traffic Patterns.
(1)
As part of the application to the Zoning Hearing Board for a special exception, the applicant shall submit all turning templates to verify truck turning movements at entrance and exit access drives and all street intersections along the anticipated route(s) to and from the proposed facility to municipal boundaries.
(2)
As part of the application to the Zoning Hearing Board for a special exception, the applicant shall establish and submit a proposed truck routing plan.
(a)
Proposed truck routes to and from the facility within municipal boundaries shall be only via roads classified as principal arterial, minor arterial, or major collector, as designated by the Federal Functional Class Map published by the Pennsylvania Department of Transportation.
(b)
Proposed truck routes shall avoid passing sensitive receptors to the greatest extent possible.
(c)
The plan shall include the posting of signage to direct truck drivers to follow approved truck routes.
(d)
The plan shall include measures, such as signage and pavement markings, queuing analysis, and enforcement to prevent truck queuing, circling, stopping, and parking on public streets.
(e)
The facility owner/operator shall be responsible for enforcement of the truck routing plan.
(f)
The Zoning Hearing Board shall have discretion to determine if changes to the plan are necessary including any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.
(g)
A zoning permit for a truck terminal or warehouse/logistics center use may be revoked by the Township for failure of a facility owner/operator to comply with an approved truck routing plan.
(3)
Any entry gates into the loading dock/truck court area shall be positioned after a minimum of 140 feet of total available stacking depth inside the property line. The stacking distance shall be increased by 170 feet for every 20 loading docks beyond 50 docks. Queuing and circling of vehicles on public streets immediately pre- or post-entry to a truck terminals and warehouse/logistics centers as truck terminals shall be strictly prohibited.
(4)
Permanent idling restriction signs in accordance with the requirements of the Diesel-Powered Motor Vehicle Idling Act No. 124 of 2008[2] shall be posted at the facility along entrances to the site and in the dock areas and shall be strictly enforced by the facility operator. Anti-idling signs shall be prominently posted in areas where 15 or more trucks may park or congregate.
[2]
Editor's Note: See 35 P.S. § 4601 et seq.
(5)
Signs shall be installed at all truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan.
(6)
Signs and drive aisle pavement markings shall clearly identify the on-site circulation pattern to minimize unnecessary on-site vehicular travel.
(7)
Facility operators shall post signs in prominent locations inside and outside of the building indicating that off-site parking for any employee, truck, or other operation related vehicle is strictly prohibited. The municipality may require the facility operator to post signs on streets indicating that off-site truck parking is prohibited by municipal ordinance and/or the truck routing plan.
(8)
Signs shall be installed in public view with contact information for a local designated representative who works for the facility operator and who is designated to receive complaints about excessive dust, fumes or odors, and truck and parking complaints for the site. Any complaints made to the facility operator's designee shall be answered within 72 hours of receipt.
(9)
All signs under this section shall be legible, durable, weather-proof, and multilingual when deemed necessary.
N.
Parking and Amenities for Truck Drivers.
(1)
A minimum of five percent of the required total tractor-trailer parking spaces shall be reserved for outbound trucks which are required to layover or rest due to federal hours of service regulations. Such spaces must be made available to tractor-trailers during and after the facility's operating hours, as necessary.
(2)
All trucks awaiting access to a loading/unloading dock/bay shall park in the designated tractor-trailer parking spaces unless all such spaces are already occupied.
(3)
Electrical outlets shall be included in parking areas for trucks to utilize.
(4)
Every building containing a truck terminal and warehouse/logistics center as truck terminal shall have a set of the following amenities for the truck drivers/operators of the vehicles using the facility in addition to any similar amenities provided to on-site employees. One set of these amenities shall be provided for every 30 loading/unloading docks of the structure, or portion thereof.
(a)
A suitable lounge for drivers/operators containing not less than five seats;
(b)
A four-seat table with chairs;
(c)
Separate male and female restroom facilities, including at least three sinks, three toilet stalls, three urinals (male only), soap dispensers, towels and/or electric hand dryers, etc. per restroom; and
(d)
Dispensing machines or other facilities to provide food and beverages.
O.
Pollution Containment. The facility shall include an appropriate system to contain and properly dispose of any fuel, grease, oils, or similar pollutants that may spill or leak.
P.
Building Colors. External building materials shall be of colors that are low-reflective, subtle, or earth tone. Fluorescent and metallic colors shall be prohibited as exterior wall colors.
Q.
Emergency Responders. The applicant shall coordinate with the Township's Emergency Management Coordinator to ensure there will be adequate radio coverage for emergency responders within the facility's building(s) based upon the existing coverage levels of the local public safety radio communications system. The applicant shall install radio system enhancements as needed to meet compliance.
R.
Mechanical Scraper Systems. Mechanical scraper systems shall be installed at each truck exit drive for the purpose of removing snow, slush, and ice from trailer and truck rooftops. During winter months, all trucks must pass under these mechanical scrapers prior to exiting the warehouse facility.
S.
Environmental Impact Assessment. As part of the application to the Zoning Hearing Board for a special exception an Environmental Impact Assessment shall be submitted. The assessment shall be prepared by a professional engineer, ecologist, environmental planner, or other qualified individual. An assessment shall include a description of the proposed use, including location relationship to other projects or proposals, with adequate data and detail for the Zoning Hearing Board to assess the environmental impact. The assessment shall also include a comprehensive description of the existing environment and probable future effects of the proposal. The description shall focus on the elements of the environment most likely to be affected as well as potential regional effects and ecological interrelationships. At a minimum, the assessment shall include an analysis of the items listed below regarding the impact of the proposed use and the mitigation of any such impacts. The assessment shall also include detailed examination of public resources most likely impacted by the development plan and include the following focus areas:
(1)
Air pollution impacts emissions from vehicle operations, including from truck engines during idle time. The applicant shall identify all stationary and mobile sources of fine particulate matter (PM2.5), volatile organic compounds, and nitrogen oxides at the site. The applicant shall specify best management practices for preventing and reducing the concentration of air polluting emissions at the site.
(2)
The potential for public nuisance to residents resulting from operations and truck traffic, including noise, vibrations, glare, light, fumes, dust, vapors, toxic materials, and visual obstacles exists.
(3)
Stormwater management.
(4)
Water quality.
(5)
Historic resources associated with the property.
(6)
Consistency with the Jackson Township and Lebanon County Comprehensive Plans. The applicant shall submit an assessment report of the impact of the proposed use on the goals of the respective plans. Where the proposed use conflicts with the comprehensive plan, the assessment report shall identify mitigation measures which may be undertaken to offset any degradation, diminution, or depletion of public natural resources.
(7)
Additional Considerations. The following shall also be addressed:
(a)
Alternative Analysis. A description of alternatives to the impacts.
(b)
Adverse Impacts. A statement of adverse impacts which cannot be avoided.
(c)
Impact Minimization. Environmental protection measures, procedures, and schedules to minimize damage to critical impact areas during and after construction, including design considerations.
(d)
Mitigation Steps. Listing of steps/structural controls proposed to minimize damage to site before and after construction.
(8)
Critical Impact Areas. In addition to the above, plans should include any area, condition, or feature which is environmentally sensitive or which if disturbed during construction would adversely affect the environment.
(a)
Critical impact areas include, but are not limited to, floodplains, riparian buffers, streams, wetlands, slopes greater than 15%, highly acid or highly erodible soils, hydric soils, hydrologic soil groups, areas of high-water table, and mature stands of native vegetation and aquifer recharge and discharge areas.
(b)
A statement of impact upon critical areas and of adverse impacts which cannot be avoided.
(c)
Environmental protection measures, procedures, and schedules to minimize damage to critical impact areas during and after construction.
T.
Storage of Garbage.
(1)
No storage of garbage, other than what is routinely produced on site and awaiting regular collection, shall be permitted.
(2)
Any garbage produced on site and awaiting regular collection shall be stored in enclosed dumpsters or roll-off containers.
(3)
Facility owners and operators shall be responsible for ensuring that no litter is strewn across the site and/or blown by wind or transported by stormwater runoff onto adjacent properties.
(4)
Facility owners and operators shall be responsible for cleaning up any litter deposited outside enclosed dumpsters or roll-off containers or on adjacent properties.
U.
Woodland Disturbance. Woodland disturbance, including alteration or removal of any hedgerows, shall be minimized. No portions of tree masses, tree lines, hedgerows, or individual freestanding trees measuring six inches or greater in diameter at breast height (DBH) shall be removed unless it is clearly necessary to effectuate the proposed development. In no case shall more than 50% of any existing tree masses, tree lines, hedgerows, or individual freestanding trees with six-inch or greater DBH be removed. For purposes of this subsection, a woodland is defined as a tree mass or plant community in which tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove or stand of mature or largely mature trees (i.e., six-inch or greater DBH) covering an area of one-quarter of an acre or more or consisting of more than 50 individual trees six inches or greater DBH, shall be considered a woodland.
V.
Threatened and Endangered Species.
(1)
Pennsylvania Natural Diversity Inventory (PNDI). As part of the application to the Zoning Hearing Board for a special exception, a PNDI environmental review is required to screen the project area for potential impacts to threatened, endangered, and special concern species. The PNDI environmental review shall include a receipt dated within two years of the submission of an application for special exception, as well as any state or federal agency letters clearing the site of all potential impacts noted in the PNDI receipt.
(2)
Compliance. The applicant shall comply with all measures described in the clearance letters provided the applicable state or federal agencies to avoid, minimize, or mitigate impacts to endangered, threatened, and special concern species and their habitats.
W.
Riparian Forest Buffer Area. A riparian forest buffer area shall be provided which satisfies the stricter of the requirements of this section, or of 25 Pa. Code Section 102.14, Riparian Buffer Requirements.
(1)
For purposes of this section, a riparian buffer is an area of permanent vegetation along a waterway that is left undisturbed to allow for natural succession of native vegetation. A riparian forest buffer is a riparian buffer that consists predominantly of native trees, shrubs and forbs that provide at least 60% uniform canopy cover.
(2)
Where the project site contains, is along, or is within 150 feet of a perennial or intermittent river, stream, or creek, lake, wetland, floodplain, pond, or reservoir, whether natural or artificial, the use will be subject to the requirements of this Section and shall, in accordance with the requirements of this subsection, do one of the following:
(4)
Riparian buffers that consist predominantly of native woody vegetation that do not satisfy the composition requirements for a riparian forest buffer in subsection (1) or the width requirements in Subsections 1W(6) and (7) shall be enhanced or widened, or both, by additional plantings in open spaces around existing native trees and shrubs to provide at least 60% uniform canopy cover for the required width and shall be composed of zones in accordance with Subsection 1W(9).
(6)
The width of the riparian forest buffer shall be a minimum of 100 feet on each side of the water body as measured from the top of the bank. The boundary of the buffer shall follow the natural streambank or shoreline.
(7)
Measured within the 100-foot buffer, the following additional distances shall be added to the minimum width of the riparian forest buffer:
(8)
In the case of the presence of a nontidal wetland or vernal pond wholly or partially within the riparian buffer area, an additional 25 feet shall be added to the width of the riparian forest buffer area for that portion of the buffer area along the wetland, floodplain, or pond.
(9)
A new riparian forest buffer or a converted riparian forest buffer shall be composed of zones as follows:
(a)
Zone 1 shall begin at the top of the streambank or normal pool elevation of a lake, pond or reservoir and occupy a strip of land 50 feet in width, measured horizontally on a line perpendicular from the top of the streambank or normal pool elevation of a lake, pond or reservoir. Predominant vegetation must be composed of a variety of native riparian tree species identified in Appendix C.1 of the PA Department of Environmental Protection Guidance Document 394-5600-001, entitled Riparian Forest Buffer Guidance.
(b)
Zone 2 shall begin at the landward edge of Zone 1 and occupy an additional strip of land a minimum of 50 feet in width, measured horizontally on a line perpendicular from the top of the streambank or normal pool elevation of a lake, pond or reservoir. Predominant vegetation must be composed of a variety of native riparian trees and small tree/shrub species identified in Appendix C.1 of the PA Department of Environmental Protection Guidance Document, 394-5600-001, entitled Riparian Forest Buffer Guidance.
(10)
No earth disturbance, land development, or storing, or stockpiling of materials shall occur within the riparian forest buffer area.
(11)
In the management of riparian buffers, noxious weeds and invasive species shall be removed or controlled to the greatest extent possible.
(12)
Existing, converted, and newly established riparian buffers, including access easements, must be protected in perpetuity through deed description, conservation easement, permit conditions, or any other mechanisms that ensure the long-term functioning and integrity of the riparian buffer.
(13)
The riparian buffer shall be designated on the final subdivision and/or land development plan.
X.
Solar.
(1)
All building roofs shall be solar ready, which includes designing and constructing buildings in a manner that facilitates and optimizes the installation of a rooftop solar photovoltaic (PV) system at some point after the building has been constructed.
(2)
Any portion of a building's rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index of not less than 78. This shall be the minimum solar reflective rating of the roof material for the life of the building.
(3)
On buildings over 400,000 square feet, prior to issuance of a certificate of occupancy, rooftop solar panels shall be installed and operated in such a manner that they will supply 100% of the power needed to operate all non-refrigerated portions of the facility, including the parking areas.