Jackson Township Monroe County
City Zoning Code

Availability. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.

Location of Parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in §§ 27-1005, Subsection 1K, or 27-1005, Subsection 1L.

Continuing Obligation of Parking and Loading Spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.

Nonparking Use. Required off-street parking, loading, and unloading facilities and accessways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).

Existing Parking. Any parking spaces serving such preexisting structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.

Garages and Carports. Garages and carports not in the public right-of-way may be considered parking spaces.

Site Plan; Design.

Site Plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

General. Parking spaces, loading and unloading areas, and accessways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.

Pedestrian Access and Circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.

Design. Off-street parking areas, accessways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most current Institute of Transportation Engineers "Traffic Engineering Handbook," or other generally accepted methodology approved by the Township. The applicant shall provide copies of the methodology used for the design.

Lighting. In addition to the other applicable standards in this chapter, all lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public rights-of-way.

Public Rights-of-Way. Parking, loading and unloading of vehicles shall not be permitted on public rights-of-way, except in designated areas and in accord with municipal parking regulations. No parking area shall be designed which requires or encourages parked vehicles to be backed into a public street.

Parking Between Principal Structure and Road. No parking shall be permitted anywhere between the public road right-of-way and the principal structure for any new nonresidential principal structures in V Village Districts. This requirement shall not apply to additions or expansions of existing businesses or the conversion of one business use to another business use.

Number of Spaces to Be Provided. The number of parking spaces required by this § 27-1005 shall be considered the minimum and maximum requirements unless modified in accord with this § 27-1005.

Parking Required for Nonresidential Uses.

Parking Generation Manual.

Parking Demand Table. Off-street parking spaces shall be provided and maintained in accord with the Parking Demand Table included as an appendix to this chapter,[1] or the latest edition of Parking Generation published by the Institute of Transportation Engineers. The Parking Demand Table may be updated by resolution of the Board of Supervisors to include more current data.

[Amended by Ord. No. 2015-101, 4/23/2015]

Editor's Note: The Parking Demand Table is included as an attachment to this chapter.

Similar Use. The parking provided for the proposed use shall be based on the most similar use and unit of calculation listed in the Parking Demand Table as determined by the Zoning Officer.

Land Uses with 85th Percentile Data Listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall be the average peak period demand or 85% of the peak, whichever is reported in the Parking Demand Table.

Reserved Spaces. Space shall be reserved to allow for expansion to 115% of the number of spaces required by § 27-1005, Subsection 1F(1)(b), unless a reduction is approved in accord with § 27-1005, Subsection 1F(4).

Land Uses without 85th Percentile Data Listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall be the average peak period demand or 85% of the peak, whichever is reported in the Parking Demand Table.

Reserved Space. Space shall be reserved to allow for expansion to 115% of the number of spaces required by § 27-1005, Subsection 1F(1)(b), unless a reduction is approved in accord with § 27-1005, Subsection 1F(4).

Parking Required for Residential Uses. Two off-street parking spaces shall be provided and maintained for each residential dwelling unit, except as follows:

Single-family dwellings: three per dwelling unit.

Two-family dwellings and multifamily dwellings: two per dwelling unit.

Multifamily senior citizen housing: one per dwelling unit.

Continuing care retirement community: one per dwelling unit.

Assisted living facilities: 0.5 per dwelling unit.

Township Required Reduction. In the case of parking for conditional uses and special exceptions, if the Board of Supervisors or Zoning Hearing Board determines that the number of parking spaces required by this § 27-1005 is not necessarily required to meet the immediate needs of the proposed use, the Township may require the number of spaces provided to be reduced by a maximum of 25% based on the average peak period demand or peak, whichever is reported for the use in the Parking Demand Table. The developer shall dedicate sufficient and suitable area to future parking to meet the normal standards in this § 27-1005.

Applicant Proposed Reduction/Increase. The required number of parking spaces may be reduced or increased subject to conditional use approval by the Board of Supervisors for uses classified as principal permitted uses and conditional uses and by the Zoning Hearing Board for uses classified as special exceptions. The applicant shall provide evidence justifying the proposed reduction or increase of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any conditional use approval to permit such decrease or increase shall be subject to the following:

Chapter and Plan Consistency. The project design and parking space decrease shall be consistent with the purposes contained in this chapter and the goals and objectives of the Township Comprehensive Plan.

Quality of Design. The applicant shall demonstrate to the Board of Supervisors that the proposed decrease will result in an adequate number of parking spaces or the increase will not produce an excess number of spaces for the use, based on a specific study of the parking demands for the proposed use or empirical data reported by a generally accepted source, such as the Institute of Transportation Engineers, the Urban Land Institute, the American Planning Association, or similar entity.

Local Conditions. In making its determination the Board of Supervisors or the Zoning Hearing Board shall also consider, among others, the demographics and character of the neighborhood, demographics of targeted customers and employees, availability of mass transit, existing on-street parking conditions, and any employer instituted transportation demand management programs.

Burden; Conditions. If the Board of Supervisors or the Zoning Hearing Board, in its sole discretion, determines that the applicant has met the burden of proof, it may grant a conditional use for the decrease or increase. The Board of Supervisors or the Zoning Hearing Board may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter, including, but not limited to, reserving parking.

Form of Reservation. Each parking reservation shall be in a form acceptable to the Township Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and, if the Township determines it is necessary, to provide the additional parking in the time and manner as stipulated in the reservation document. Proof of recording of the agreement shall also be provided to the Township before the issuance of a zoning permit for the project.

Reserved Parking Disturbance and Stormwater. The reserve parking areas shall remain undisturbed or shall be landscaped, but shall be included in the calculations of lot coverage area and for stormwater management. The stormwater facilities shall be constructed in accord with the approved sequencing design as parking areas are constructed.

Multiple Uses (see also § 27-1005, Subsection 1L). For projects involving more than one use and/or structure, the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.

Handicapped Parking. Parking for the handicapped shall be provided in accord with the Americans With Disabilities Act[2] and shall count as part of the spaces required for the use by this § 27-1005.

[2]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Loading and Unloading Areas.

Type and Size. In addition to the required off-street parking spaces, all uses shall provide adequate off-street areas for loading and unloading of vehicles where necessary. The applicant shall provide details on the type and frequency of vehicles operating in connection with the proposed use to justify any necessary loading and unloading areas. Each required space shall meet the following dimensions:

Largest Type of Truck Service	Minimum Width (feet)	Minimum Length (feet)
Tractor trailer	12	50 with 14 feet clear height
Trucks other than tractor trailers, pickups or vans	10	25
Pickup truck or van	9	18

Interior Travel Ways. The applicant shall demonstrate that travel ways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.

Access to Off-Street Parking and Loading Areas. There shall be adequate provisions for ingress to and egress from all parking and loading spaces designed for use by employees, customers, delivery services, salespeople and/or the general public. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

Width. Unless otherwise required by PennDOT for access to a state road, the width of the driveway/access onto a public street at the right-of-way shall be as follows:

[Amended by Ord. No. 2015-101, 4/23/2015]

Width*	1-Way Use	2-Way Use
Minimum (feet)	12	20
Maximum (feet)	35	50

*	Exclusive of the turning radius

Controlled Access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening, so as to prevent access to the area from other than the defined entrance and exit.

Highway Occupancy Permit. All new uses shall be required to obtain a highway occupancy permit from the Township or PennDOT, as the case may be. In the case of a change in use or the expansion of an existing use, the Township shall require the applicant to obtain a highway occupancy permit or a revised highway occupancy permit. Where a use accesses the public right-of-way via a private road, the highway occupancy permit requirement and criteria shall be applied at the public right-of-way intersection.

Parking and Loading Area Setbacks.

Roads and Property Lines. All parking and loading areas (not including parking decks) and parallel circulation and service lanes serving any commercial, industrial, institutional or multifamily use shall be separated from any public road right-of-way or adjoining property lines by a landscaped buffer area not less than 20 feet in width unless adjoining uses share parking in accord with § 27-1005, Subsection 1L.

Measurement. The width of the buffer shall be measured from property lines and from the curbline or from the legal right-of-way line after development if no curbs will be provided.

Uses Prohibited. The buffer area shall be maintained in natural vegetative ground cover and shall not include:

Paving, except for approved driveway/access crossings.

Fences, unless integral to landscaping.

Parking, storage or display of vehicles.

Items for sale or rent.

Uses Permitted. The buffer area may include the following:

Permitted freestanding signs.

Pervious stormwater facilities.

Approved driveway/access crossings.

Sidewalks. Sidewalks, existing or proposed, may be included in the buffer area.

Buildings. Parking spaces serving principal nonresidential buildings and multifamily dwellings shall be located a minimum of 10 feet from any building wall, unless a larger distance is required by another chapter provision. This distance does not apply at vehicle entrances into or under a building.

Grading and Drainage; Paving.

Parking and loading facilities, including driveways, shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.

Except for landscaped areas, all portions of required parking, loading facilities and accessways shall be surfaced with asphalt, concrete, paving block or porous pavement or pavers.

The Board of Supervisors may, as a conditional use, allow parking areas with low or seasonal usage to be maintained in stone, grass or other suitable surfaces. For example, the Board of Supervisors may allow parking spaces to be grass, while major aisles are covered by stone.

Off-Lot Parking. Required parking may be provided on a different lot than on the lot on which the principal use is located, provided the parking is not more than 400 feet from the principal use lot. Off-lot parking areas shall be permitted only in a district where the principal use is permitted. Both parcels shall be under the same control, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants of record filed in the office of the County Recorder of Deeds, requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.

Joint-Use Parking. In the case of multiple uses on the same premises or where more than one principal uses share a common property line, shared parking facilities may be approved by the Zoning Officer.

Documentation. The applicant shall provide information to establish that the shared spaces will be used at different times of the day, week, month, and/or year.

Reduction. Parking provided may be credited to both uses based on the extent that the uses operate at different times. However, the required parking shall not be reduced by more than 50% of the combined parking required for each use. (Example: If a church parking lot is generally occupied only to 10% of capacity on days other than a Sunday, another development not operating on a Sunday could make use of the unused church lot spaces on weekdays.)

Agreement. Joint-use parking shall be secured in a form acceptable to the Township Solicitor that legally binds current and future owners of the land to maintain the parking. An attested copy of the agreement between the owners of record shall be provided to the Township. Proof of recording of the agreement shall also be provided to the Township before the issuance of a zoning permit for the project.

ACTIVE SOLAR ENERGY SYSTEM

Common Property Line. The joint-use parking area may span a common property line, thereby eliminating the setback required in § 27-1005, Subsection 1I.

Shopping Carts. Establishments furnishing carts or mobile baskets shall provide definite areas on the site for the storage of the said carts. Storage areas shall be clearly marked and designed for the storage of shopping carts and/or mobile baskets.

Snow Storage and Removal. All plans for proposed parking areas of 50 or more spaces shall include details for adequate snow storage and removal.

§ 27-1007 Alternative Energy Requirements.

[Ord. No. 2014-101, 5/1/2014; Ord. No. 2024-102, 10/17/2024]

This § 27-1007 applies to accessory solar and wind energy systems which are designed solely to meet the energy needs of the principal uses to which the energy system is accessory, but shall not preclude the sale of any excess energy into the grid. (See § 27-1236 for commercial solar power generation and § 27-1248[1] for commercial wind energy facilities.)

Intent. The alternative energy requirements are designed to recognize the need for conservation of energy and natural resources to facilitate the utilization of renewable resources. These regulations are designed to allow the installation of renewable energy devices and provide the opportunity for individuals to reduce energy dependence by encouraging the productive use of solar and wind energy components.

Definitions. The following terms are specifically designed for use within this section:

A solar energy system that requires external mechanical power to move collected heat.

ENERGY STORAGE FACILITY

Equipment consisting of containers, heat exchangers, piping, and other transfer mechanisms (including fluids, gases, or solids), controls, and related structural support for transporting and storing collected energy (from solar energy systems), including structural elements designed for use in passive solar energy systems.

PASSIVE SOLAR ENERGY SYSTEM

A solar energy system that uses natural and architectural components to collect and store energy without using any external mechanical power.

SKYSPACE

The open space between a solar or wind collector and the sun or prevailing wind that must be free of obstructions that may shade or impede the collector to an extent that would reduce its cost-effective operation.

SOLAR COLLECTOR

A freestanding or fixed device, or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy that contributes significantly to a structure's energy supply.

SOLAR ENERGY

Radiant energy (direct, diffused and reflected) received from the sun.

SOLAR ENERGY SYSTEM

A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.

WIND ENERGY CONVERSION SYSTEM

A device that converts wind energy to mechanical or electrical energy; commonly referred to as "windmills."

WIND ROTOR

The blades, and hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is used on a pole or tower, along with other generating and electrical storage equipment, and forms a wind energy conversion system.

Solar, Wind and Alternate Energy Standards. The use of solar, wind and alternate energy systems is encouraged within this chapter and permitted within any zoning district. Although the installation of such systems is not mandatory, where they are utilized, the following shall apply:

Active and passive solar systems, wind energy systems and similar alternate energy systems, including customary energy storage accessories, shall be permitted for the production, collection, movement, distribution or storage of heated water, air or other medium that is intended for conveyance to a principal or accessory building. Systems may include the following, subject to the requirements contained herein:

Solar panels with a combined glazing area of 65 square feet or less may be placed in any required setback but shall not be closer than 10 feet from any property line.

Solar panels with a combined glazing area in excess of 65 square feet, provided that:

Solar panels attached to a principal structure shall comply with the zoning setbacks prescribed for a principal structure in the applicable zoning district;

Solar panels that are freestanding or attached to an accessory structure shall comply with the accessory structure requirements of this chapter.

Solar greenhouses attached to principal structures shall meet all setback requirements for a principal structure in the applicable zoning district. Solar greenhouses attached to accessory structures shall meet all setback requirements specified for accessory structures in this chapter.

Detached solar greenhouses shall meet all setback requirements specified for accessory structures in this chapter.

Protection and Maintenance. The improvements required and permitted within this section shall be protected and maintained to ensure the environmental benefits of nonpolluting, replenishable alternate energy. The following requirements shall apply:

Protection.

Where a solar or wind energy system has been installed to serve an existing structure, it shall be the responsibility of the property owner to secure any easements or restrictive covenants necessary to protect the sky space affecting the solar or wind energy system. Such an agreement shall be negotiated between owners of affected properties, but it is not a requirement for approval of a building and zoning permit for the solar or wind energy system.

Maximum height requirements of this chapter shall not apply to roof-mounted solar collector systems.

Maintenance.

Energy systems shall be maintained in a safe manner. Broken glass or other potentially hazardous conditions shall be promptly repaired.

A disconnected or abandoned energy system shall be dismantled and removed from the property within 60 days of such abandonment.

Plans and Permits.

Plans depicting solar or wind energy installations shall be submitted at the time of application for a building and proposed use permit. Information may be included on the required plot plan specified in this chapter or submitted on a separate plan. In addition to the information required elsewhere within this chapter, plans shall include:

Exact size and location of proposed solar or wind energy conversion system.

Any associated apparatus, structures, or architectural features necessary for the efficient operation of a solar or wind energy device.

An affidavit, signed and notarized by the applicant, shall be included on the plans, and shall read as follows: "I (Applicant name), do hereby attest that the (solar/wind) energy system proposed on these plans is intended solely for meeting the energy needs of the principal use to which the energy system is accessory. While excess energy may still be sold into the grid, the proposed energy system shall not be used as a solar commercial facility, as defined in § 27-1602 of the Jackson Township Zoning Ordinance, as amended."

If the capacity of the accessory solar facility exceeds 18 kW, a certification shall be required to be signed by an engineer, licensed in the Commonwealth of Pennsylvania, stating the following: "I (Engineer name), do hereby certify that the proposed solar facility has been designed to provide energy solely for meeting the energy demand of the existing or proposed principal use, and without the intent of commercial sale of energy that would constitute a solar commercial facility, as defined in § 27-1602 of the Jackson Township Zoning Ordinance, as amended."

Building and Proposed Use Permits. A building and proposed use permit shall be required for installation of, expansion or alteration to any of the energy systems described within this section. Applicable procedures of this chapter shall apply during the processing of such permit applications. Where desired, the Zoning Officer may refer plans to any other applicable agencies for review and comment prior to formal action on the permit application.

Wind Energy Conversion System. Wind energy conversion systems (WECS) for energy uses shall be permitted as an accessory to principal use within any district and comply with the following regulations:

Primary purpose shall be to provide power for the principal use and accessory uses of the property and is not for the generation of power for commercial purposes.

The number of WECS towers per parcel shall be limited to the number required to provide power for the uses on the parcel.

No WECS shall be located in any required front setback area.

Maximum height shall be 80 feet measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position measured along the vertical axis of the tower.

Minimum setback from all property lines and aboveground utility lines shall be 1.1 times the height of the WECS.

Anchor points for guy wires for the tower shall be located no closer than 25 feet to the property lines and not on or across any aboveground electric transmission or distribution line at the point of ground attachment, guy wires shall be enclosed by a fence six feet in height.

Minimum height from the base of the tower to the lowest part of the blade tip or rotor system shall be 12 feet.

Blade color shall be off-white or light gray.

Lighting of the tower for aircraft and helicopter will conform with FAA standards for wattage and color, when applicable.

The tower should have either:

Tower climbing apparatus located no closer than 12 feet to the ground level at the base of the structure;

A locked anticlimb device installed on the tower; or

Shall be completely enclosed with a locked fence at least six feet in height to prevent uncontrolled access from unauthorized personnel.

A sign shall be posted at the base of the tower, warning of electrical shock or high voltage.

An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.

Towers may be ground- or roof-mounted and shall be securely fastened as per manufacturer's specifications, or a demonstrable equivalent, to achieve maximum safety and prevent collapse or fall. Any propeller or turning device that reacts to wind velocity shall have a governor to control the speed of revolutions. Such governor may include a rudder that turns the propeller away from the wind, individually spring-mounted paddles that turn away from the wind, or other suitable manufacturer's device. Towers shall be locked or secured to prevent unauthorized access, and in no case shall a permanently mounted ladder be affixed less than 12 feet from grade level.

No variance shall be issued for the placement of a WECS so close to the property line as to result in any portion of the WECS at any time, whether erect or in the event the WECS should fall or be toppled, to overhang, cross or otherwise extend beyond the property line.

Editor's Note: So in original.

§ 27-1008 Developments of Regional Significance.

[Ord. No. 2014-101, 5/1/2014]

All subdivision and/or land development, classified by intergovernmental agreement as having regional significance, shall be brought before the Regional Planning Committee for review and comment. A development of regional significance shall be defined per Section 107 of the PA MPC[1] as "any land development that, because of its character, magnitude, or location will have substantial effect upon the health, safety, or welfare of citizens in more than one municipality." Determination of regional significance in the planning region shall be based on the following guidelines:

[Amended by Ord. No. 2015-101, 4/23/2015]

Type of Development	Threshold
Adult business	New facility or expansion of use of existing facility by 50% or more; and located within 1/2 mile of a jurisdictional boundary
Airports and heliports	Any new airport with a paved runway; or runway additions of more than 25% of existing runway length or within 1/2 mile of a jurisdictional boundary
Commercial (including retail, mixed-commercial and office centers) not classified below	Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Concentrated animal feeding operations (CAFO)	New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Fuel storage facilities	Storage capacity greater than 75,000 gallons if within 1,000 feet of any water supply; otherwise, storage capacity greater than 150,000 gallons; and located within 1/2 mile of a jurisdictional boundary
Gambling/betting facilities	New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Hospitals and other major medical centers	New facility or expansion of use of an existing facility by 50% or more and within 1/2 mile of a jurisdictional boundary
Housing	Housing developments (single-family, two-family or multifamily) if in excess of 50 or more dwelling units, or resulting in the development of 25 dwelling units or more and within 1,000 feet of the Township boundary line
Industrial facilities	New facility or expansion of use of an existing facility by 50% or more or within 1/2 mile of a jurisdictional boundary
Intermodal terminals ("intermodal" - a facility or system that transfers people, goods, or information between 2 or more transport modes or networks between an origin and destination)	New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Kennels	New facility or expansion of existing facility by more than 50% and within 1/2 mile of a jurisdictional boundary
Mineral extraction or mineral processing	New facility or expansion of existing facility by more than 50%; and located within 1/2 mile of a jurisdictional boundary
Lodging facilities	Greater than 150 rooms and within 1/2 mile of a jurisdictional boundary
Mixed residential and nonresidential uses	Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Infrastructure projects	Infrastructure projects within 1/2 mile of adjoining municipal boundaries; projects outside 1/2 mile may be reviewed on a discretionary basis as desired by the host municipality
Schools/colleges	New facility with a capacity of more than 750 students, or expansion by at least 25% of capacity and within 1/2 mile of a jurisdictional boundary
Solid waste facilities	New facility or expansion of use of an existing facility by 50% or more
Sports complexes, attractions and regional recreational facilities	New facility or expansion of use of an existing facility by 50% or more; or located within 1/2 mile of a jurisdictional boundary
Truck terminals	A new facility with more than 3 diesel fuel pumps or containing a 1/2 acre of truck parking or 10 truck parking spaces; and within 1/2 mile of a jurisdictional boundary
Wastewater treatment facilities	New facility or expansion of existing facility by more than 50%; and located within 1 mile of a jurisdictional boundary
Water supply (quantity or quality) intakes/reservoirs	New facilities or expansion of use by 50% or more and within 1/2 mile of a jurisdictional boundary
Wholesale or distribution facilities	Greater than 100,000 square feet or expansion of an existing use by 50% or more and within 1/2 mile of a jurisdictional boundary
Any other land development types not identified above (includes parking facilities)	Generate new vehicle trips in excess of 1,000 average daily trips (ADT) or has the potential to generate adverse environmental or human impacts, stormwater runoff, wastewater collection or treatment and within 1/2 mile of a jurisdictional boundary

Editor's Note: See 53 P.S. § 10107.

The Regional Planning Committee shall have the right to review developments of regional significance to determine general consistency with the Compressive Plan. No development of regional significance, as defined by the criteria above, may be recommended for approval by the Regional Planning Committee that is inconsistent with the Compressive Plan; however, nothing in this section usurps the power of the Board of Supervisors of each respective member-Township regarding subdivision or land development plan approval.

§ 27-1009 Performance Standards.

[Ord. No. 2014-101, 5/1/2014]

The following performance standards shall apply to all proposed new or expanded nonresidential uses and residential uses explicitly referenced by a specific section. The standards in this § 27-1009 shall not apply to normal agricultural uses, unless explicitly referenced by a specific section, but shall apply to any agricultural use which is considered a land development under Chapter 22, Subdivision and Land Development. With the exception of residential uses, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards in this § 27-1009 and applicable to such use, and affirming his agreement to conduct or operate such use at all times in conformance with such standards. Where there is reason to believe that the nature of the proposed use would make it difficult to comply with applicable standards, the Zoning Officer may require the applicant to submit plans of the proposed construction and a description of the proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used to comply with this § 27-1009. However, no applicant shall be required to reveal the secret details of any manufacturing operation or trade data and may specify that the plans or other information submitted pursuant to this § 27-1009 shall be treated as a confidential matter. Regardless of whether or not a use is required to comply with this procedure, every use shall comply with all performance standards.

Buffers and Screening. Buffers and screening shall be provided in accord with this chapter and Chapter 22, Subdivision and Land Development.

Buffer. In the case of conditional uses or special exceptions, increased buffers may be required.

Where required, buffers of specified width shall be provided along the lot lines. The buffer may overlap the required setbacks. In the case of a conflict, the larger setback shall apply.

All buffers shall be planted and maintained with a vegetative material, and where required for specific uses, a screen planting shall be planted and maintained to the full length of side and rear lot lines which do not abut streets.

All buffers shall be planted with grass or ground cover and, where required, a dense screen planting. Buffers shall be maintained and kept free of all debris and rubbish.

No structure, manufacturing or processing activity, or storage of materials shall be permitted in buffers; however, access roads, service drives and utility easements not more than 35 feet in width are permitted to cross a buffer, provided that the angle of the center line of the road, drive or easement crosses the buffer at an angle not less than 60°.

No parking shall be permitted in buffers.

Native plants should be used and invasive species shall not be permitted.

Screening. Required screening shall consist of screen plantings and shall be in accord with the following requirements:

Plant materials used in screen planting shall be at least four feet in height when planted, shall be planted no more than five feet apart and shall be of such species as will produce, within three years, a complete year-round visual screen of a least six feet in height.

The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.

The screen planting shall be so placed that at maturity it will be not closer than three feet from any ultimate right-of-way or property line.

A clear sight triangle shall be maintained at all street intersections and at all points where vehicular accessways intersect public streets.

The screen planting shall be broken only at points of vehicular or pedestrian access.

Native plants should be used and invasive species shall not be permitted.

Landscaping. A landscaping plan for proposed nonresidential, multifamily and mobile home projects shall be submitted by the developer for review and approval by the Township in accord with the standards of Chapter 22, Subdivision and Land Development. This shall apply to all new projects, any change to a more restrictive use and any change in use which is a conditional use or special exception.

Operations and Storage. All facilities and operations of any principal nonresidential use (with the exception of nurseries, agriculture and the display for sales purposes of new or used cars, motorcycles, trucks, trailers, vehicles, or farm equipment, in operative condition or other similar uses) including the storage of raw material, finished products, fuel, machinery and equipment and any other materials or supplies shall be enclosed and conducted within a building, except as follows:

Sales Area. One outdoor sales area meeting the required setbacks for the district shall be permitted not to exceed the lesser of 10% of the interior retail sales space or 500 square feet.

Conditional Use. Outdoor storage for other uses may be approved as a conditional use, and larger setbacks and/or screening and buffers to afford protection to adjoining uses and any public road rights-of-way may be required.

Minimum Setback. Unenclosed uses and activities shall, in any case, be a minimum of 50 feet from any existing residential structure or any R-1 or CV District, unless a greater setback is required by this chapter.

Storage in Setback and Parking Areas. Storage of equipment, supplies, products or any other materials shall not be permitted in any required setback or parking areas.

Fire and Explosion Hazards.

Safety Devices; Suppression. All activities involving any manufacturing, production, storage, transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment and devices standard in the industry shall be required.

Burning. Burning of waste materials in open fires is prohibited.

Other Requirements. The relevant provisions of federal, state and local laws and regulations shall also apply.

Hazard Details. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review by the Township.

Conditional Uses and Special Exceptions. In the case of conditional uses and special exceptions, larger setbacks, additional buffer areas, fencing or other safety elements may be required by the Township if the nature of the proposed use as determined by the Township so requires.

Electromagnetic Radiation and Radioactive Radiation.

Electromagnetic Radiation. It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or for any other use directly or indirectly associated with these purposes which does not comply with the then-current regulations of the Federal Communications Commission and other applicable regulations.

Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with all applicable state and federal regulations.

Noise.

No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is steady, fluctuating or intermittent with a recurrence greater than one time in any 15 second interval) in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following table when measured at or beyond the property boundary of the receiving land use.

Continuous Sound Levels by Receiving Land Use
Receiving Land Use Category	Time		Sound Level Limit
Residential, public space, open space or institutional	1.	7:00 a.m. through 9:00 p.m.	1.	60 dBa
	2.	9:00 p.m. through 7:00 a.m., plus Sundays and legal holidays	2.	50 dBa
Commercial or business	1.	7:00 a.m. through 9:00 p.m.
	2.	9:00 p.m. through 7:00 a.m., plus Sundays and legal holidays	1.	65 dBa
Industrial	At all times		70 dBa

For any source of sound which emits a pure tone, the maximum sound level limits set forth in the above table shall be reduced by 5 dBa. For any source of sound which emits an impulsive sound (a sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any 15 second interval) the excursions of sound pressure level shall not exceed 20 dBa over the ambient sound pressure level, regardless of time of day or night or receiving land use, using the fast meter characteristic of a Type II meter, meeting ANSI S1.4-1971.

The maximum permissible sound levels by the receiving land use category as listed in the previous table shall not apply to any of the following noise sources:

The emission of sound for the purpose of alerting persons to the existence of an emergency.

Emergency work to provide electricity, water, or other public utilities when public health or safety is involved.

Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m.

Explosives and construction operations.

Motor vehicles during normal operation on public and private roads.

Public celebrations specifically authorized by the Township.

Surface carriers engaged in commerce by railroad.

(h)

The unamplified human voice.

(i)

Periodic outdoor sports or entertainment activities approved by the Township.

Vibration. No vibration shall be permitted which is detectable without instruments at or beyond the property line, and no use shall generate any vibration which is capable of causing damage to buildings, structures, equipment alignment, or structural soundness. This requirement shall not apply to occasional blasting and other operations conducted in accord with applicable regulations that may be necessary during construction of streets, structures and utilities, and mineral extraction operations in compliance with state regulations.

Control of Light and Glare. Proposals which are governed by Chapter 22, Subdivision and Land Development shall comply with the light and glare standards of that chapter. All other uses shall comply with the requirements of this § 27-1009, Subsection 1H.

Purpose. To set standards for outdoor lighting to:

Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns;

Protect drivers and pedestrians from the glare of nonvehicular light sources;

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources; and

Promote energy efficient lighting design and operation.

Applicability.

This § 27-1009, Subsection 1H, shall apply to all uses within the Township where there is exterior lighting that is viewed from outside, including, but not limited to, residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

Exemptions. The following lighting applications are exempt from the requirements of this § 27-1009, Subsection 1H:

Lighting within a public right-of-way or easement for the principal purpose of illuminating streets or roads. No exemption shall apply to any lighting within the public right-of-way or easement when the purpose of the luminaire is to illuminate areas outside the public right-of-way or easement.

Lighting for public monuments and statuary.

Underwater lighting in swimming pools and other water features.

Low voltage landscape lighting.

Individual porch lights of a dwelling.

Repairs to existing luminaires not exceeding 25% of the number of total installed luminaires.

Temporary lighting for theatrical, television, performance areas and construction sites.

Temporary lighting and seasonal decorative lighting, provided that individual lamps are less than 10 watts and 70 lumens.

Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency.

Standards.

Illumination Levels. Lighting shall have illuminances, uniformities and glare control in accord with the recommended practices of the Illuminating Engineering Society of North America (IESNA).

Luminaire Design.

Horizontal Surfaces.

For the lighting of predominantly horizontal surfaces such as, but not limited to, parking areas, roadways, culs-de-sac, vehicular and pedestrian passage areas, merchandising and storage areas, automotive fuel-dispensing facilities, automotive sales areas, loading docks, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, luminaires shall be aimed straight down and shall meet IESNA full-cutoff criteria.

Luminaires with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional 40-watt incandescent or 10-watt compact fluorescent lamp, are exempt from the requirements of this subsection. In the case of decorative streetlighting, luminaires that are fully shielded or comply with IESNA cutoff criteria may be used.

Nonhorizontal Surfaces.

For the lighting of predominantly nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, when their use is specifically permitted by the Township, luminaires shall be shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences or adjacent uses, past the object being illuminated, skyward or onto a public roadway.

Control of Glare.

All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

Directional luminaires such as floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences or adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be reaimed and/or fitted with a shielding device to block the view of the glare source from that property.

Barn lights, AKA "dusk-to-dawn lights," when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

The use of floodlights and wall-mounted luminaires ("wall packs") shall not be permitted to illuminate parking areas.

Parking facility and vehicular and pedestrianway lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of luminaires or illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the Township that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the 25% limit may be permitted as a conditional use.

Luminaires shall be automatically controlled through the use of a programmable controller with battery-power outage reset, which accommodates daily and weekly variations in operating hours, annual time changes and seasonal variations in hours of darkness. The use of photocells is permitted when in combination with the programmable controller to turn luminaires on at dusk and also for all-night safety/security, dusk-to-dawn luminaire operation, when such lighting is specifically approved by the Township in accord with § 27-1009, Subsection 1H(3)(c)(5). The use of motion detectors is permitted.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.

Light Spillover.

Residential. The illumination projected from any use onto a residential use or permanent open space shall at no time exceed 0.1 initial footcandle, measured line-of-sight, at any time and from any point on the receiving residential property. This shall not include glare from digital or other illuminated signs.

Nonresidential. The illumination projected from any property onto a nonresidential use shall at no time exceed 1.0 initial footcandle, measured line-of-sight from any point on the receiving property.

Height. Except as permitted for certain recreational lighting and permitted elsewhere in this subsection, luminaires shall not be mounted in excess of 20 feet above finished grade (AFG) of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically permitted by the Township, shall not be mounted in excess of 16 feet AFG. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Township may, at its discretion, based partially on mitigation of potential off-site impacts, permit a luminaire mounting height not to exceed 25 feet AFG. For maximum mounting height of recreational lighting, see § 27-1009, Subsection 1H(4).

The United States flag and the state flag may be illuminated from dusk to dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 aggregate lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag.

11)

Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, or fast food/bank/drugstore drive-ups shall be accomplished using flat-lens full-cutoff luminaires aimed straight down and shielded in such a manner that the lowest opaque edge of the luminaire shall be below the light source and its light-directing surfaces at all lateral angles around the luminaire. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles and the maximum density shall not exceed 30 initial footcandles.

12)

Soft lighting around building exteriors shall not exceed 15 initial footcandles.

13)

The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications towers is prohibited during hours of darkness, except as required by the Federal Aviation Administration.

Installation.

Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accord with the National Electrical Code (NEC) Handbook.

Poles supporting luminaires for the illumination of parking areas and located within the parking area or directly behind parking spaces, or where they could be hit by snow plows or wide-swinging vehicles, shall be protected by being placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, shielded by steel bollards or protected by other effective means.

Pole-mounted luminaires for lighting horizontal surfaces shall be aimed straight down and poles shall be plumb.

Poles and brackets for supporting luminaires shall be those specifically manufactured for that purpose and shall be designed and rated for the luminaire and mounting accessory weights and wind loads involved.

Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.

Maintenance. Luminaires and ancillary equipment shall be maintained so as to meet the requirements of this chapter.

Billboards and Signs. The lighting of new or relighting of existing billboards and signs shall require a permit, which shall be granted when the Zoning Officer is satisfied that excessive illumination, light pollution, glare and light trespass have been adequately mitigated, and shall be subject to the following requirements:

Externally illuminated billboards and signs shall have luminaires mounted at the top of the billboard or sign and aimed downward. The luminaires shall be designed, fitted and aimed to shield the lamp and its reflective surfaces from off-site view and to place the light output onto and not beyond the sign or billboard. At no point on the face of the sign or billboard and at no time shall the illumination exceed 30 vertical footcandles during hours of darkness.

Internally illuminated signs shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 initial lumens per square foot of sign face per side.

Electronic message signs shall comply with the requirements of § 27-1710.

The illumination of a billboard within 400 feet of a residential use shall not be permitted.

Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.

The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.

Recreational Uses. The nighttime illumination of outdoor recreational facilities for such sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally permitted luminaire mounting heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential or open space properties. When recreational uses are specifically permitted by the Township for operation during hours of darkness, the following requirements shall apply:

Race tracks and such recreational venues as golf driving ranges and trapshooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination may be permitted by conditional use. A visual impact analysis shall be required in accord with § 27-1009, Subsection 1H(4)(e).

A proposed illuminated recreational facility located within a residential district or sited on a nonresidential property located within 1,000 feet of a property in a R-1, V or CV District shall be considered a conditional use.

Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m. except in the occurrence of extra innings, overtimes or make-up games.

Maximum mounting heights for recreational lighting shall be in accordance with the following:

Basketball: 20 feet.

Football: 70 feet.

Soccer: 70 feet.

Lacrosse: 70 feet.

Baseball and softball:

Two-hundred-foot radius: 60 feet.

Three-hundred-foot radius: 70 feet.

Miniature golf: 20 feet (see driving range in § 27-1009, Subsection 1H(4)(a).

Swimming pool aprons: 20 feet.

Tennis: 20 feet.

Track: 20 feet.

All uses not listed: 20 feet.

Visual Impact Plan. To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required by § 27-1009, Subsection 1H(4), but also by a visual impact plan that contains the following:

Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.

Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five-foot line-of-sight.

Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of § 27-1009, Subsection 1H(3)(c).

Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.

A narrative describing the measures proposed to achieve minimum off-site disturbance.

Plan Submission. Lighting plans shall be submitted for Township review and approval for subdivision and land development, conditional use, variance, zoning permit and special exception applications. The submitted information shall include the following:

A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing luminaires, including but not limited to area, architectural, building entrance, canopy, soffit, landscape, flags and signs, by location, orientation, aiming direction, mounting height, lamp, photometry and type.

A 10 feet by 10 feet illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter. When the scale of the plan, as judged by the Township, makes a 10 feet by 10 feet grid plot illegible, a more legible grid spacing may be permitted.

Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.

Description of the proposed equipment, including luminaire catalog cuts, photometrics, glare-reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole-protection means and mounting methods.

Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

When requested by the Township for conditional uses or special exceptions, the applicant shall also submit a visual impact plan in accord with § 27-1009, Subsection 1H(4)(e).

Plan Notes. The following notes shall appear on the lighting plan:

Postapproval alterations to lighting plans or intended substitutions for specified lighting equipment on the approved plan shall be submitted to the Township for review and approval prior to installation. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified luminaires, and shall be accompanied by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the approved plan.

The Township reserves the right to conduct postinstallation inspections to verify compliance with chapter requirements and approved lighting plan commitments, and if deemed appropriate by the Township, to require remedial action at no expense to the Township.

All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the Township.

Installer shall notify Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.

Violations; Safety Hazards.

When the Zoning Officer determines that a lighting installation violates any provision of this chapter or creates a safety hazard, an enforcement proceeding shall be initiated in accord with § 27-1412.

If appropriate corrective action has not been effected within 15 days of notification, the Township may take appropriate legal action.

Nonconforming Lighting. A nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this § 27-1009, Subsection 1H, when:

It is deemed by the Zoning Officer to create a safety hazard;

It is replaced, abandoned or relocated;

There is a change in use.

LUMINAIRE, SHIELDED DIRECTIONAL

Definitions. Words and phrases used in this § 27-1009, Subsection 1H, shall have the meanings set forth in this § 27-1009, Subsection 1H(8). Words and phrases not defined in this subsection but defined in Part 16 shall be given the meanings set forth in said Part. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

ARCHITECTURAL LIGHTING

Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.

FOOTCANDLE

The amount of illumination the inside surface of a one-foot radius sphere would receive if there were a uniform point source of one candela in the exact center of the sphere. The footcandle is equal to one lumen per square foot and is measurable with an illuminance meter (light meter).

FULL CUTOFF

Attribute of a luminaire from which no light is emitted at or above a horizontal plane drawn through the lowest light-emitting portion of the luminaire and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the luminaire. A full-cutoff luminaire, by definition, also is fully shielded.

FULLY SHIELDED

A luminaire with opaque top and sides, capable of emitting light only in the lower photometric hemisphere as installed.

GLARE

Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or loss in visual performance and visibility.

LAMP

A generic term for a source of optical radiation, often called a "bulb" or "tube."

LED

Light-emitting diode.

LIGHT FIXTURE

The complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), not including the support assembly (pole or mounting bracket).

LIGHT TRESPASS

Light emitted by a luminaire or installation which is cast beyond the boundaries of the property on which the lighting installation is sited.

[Amended by Ord. No. 2015-101, 4/23/2015]

LIGHTING SYSTEM

On a site, all exterior electric lighting and controls.

LUMEN

As used in the context of this chapter, the light-output rating of a lamp (light bulb).

LUMINAIRE

The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) when applicable, together with the parts designed to distribute the light (reflector lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

A fully shielded luminaire with an adjustable mounting device allowing aiming in a direction other than straight downward.

Odors. No emission shall be permitted of odorous gases or other odorous matter, except in full compliance with PA Department of Environmental Protection requirements.

Other Forms of Air Pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted, except in full compliance with PADEP requirements.

Surface Water and Groundwater Protection. All activities involving the possible contamination of surface water or groundwater shall be provided with adequate safety devices to prevent such contamination.

Report. The Township may require the applicant to submit a report from a qualified engineer or geologist detailing:

The geologic structure of the area proposed to be disturbed and identifying the probable impacts on groundwater supply and quality.

The potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions.

The use of groundwater and any processes that could result in the depletion of groundwater supplies.

Large Volume Use. In cases where the use is of such a nature that large volumes of groundwater are required, the developer shall provide appropriate hydrogeologic studies which clearly establish that the proposed use will not cause a reduction in the quantity or the quality of groundwater supplies available to other properties located within 1,000 feet of any portion of the property where the proposed use will be located.

Conditional Uses and Special Exceptions. In the case of conditional uses and special exceptions, the Township may require a plan to be submitted for review and approval and may require security for insuring contamination response. Monitoring wells and water quality testing may also be required by the Township.

Stormwater Management and Soil Erosion Control.

Stormwater Management. Stormwater management shall be provided in accord with Chapter 23, Stormwater Management, and Chapter 22, Subdivision and Land Development.

Soil Erosion and Sedimentation Control.

All soil erosion and sedimentation control plans shall meet the specifications of the Monroe County Conservation District and PADEP and shall comply with Commonwealth of Pennsylvania, Title 25 Pa. Code Chapter 102, Department of Environmental Protection regulations for soil erosion and sedimentation control and Chapter 22, Stormwater Management, of the Township of Jackson Code.

Erosion and sedimentation controls shall be installed according to the approved plan and shall be maintained by the developer in proper functioning condition until stabilization of the area is completed as determined by the Monroe County Conservation District. Failure to install and maintain the controls shall constitute a violation of this chapter.

Waste Materials.

Storage. No liquid, solid, toxic or hazardous waste shall be stored, either above or below ground level, except for the temporary storage thereof pending removal from the premises. Such temporary storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public road right-of-way by fencing or other buffers.

Discharge. No waste discharge shall be permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground, except in accord with applicable state and federal regulations.

Disposal. All waste materials shall be disposed of only in accord with all applicable Township, state and federal regulations and applications; any use which results in waste materials regulated by the state or federal government shall include a list of all such wastes and the method of temporary storage, handling and disposal.

Trash Storage. Outdoor trash storage areas shall be designed and maintained to be completely screened from view by a landscape buffer or other approved screening not less than eight feet in height, and the storage area shall conform to all building setbacks. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.

Settling and/or Storage Ponds and Reservoirs. All ponds, reservoirs or other such storage facilities which are associated with any manufacturing or industrial process, or any sewage or waste disposal process shall be fenced or shall otherwise be physically controlled to prevent access by the public. Said fence shall be not less than four feet high and of a design to restrict access to the area to be controlled. Any such facility which contains any material which is poisonous, toxic or caustic shall be considered a conditional use and the Board of Supervisors shall, at a minimum, require that such structure be enclosed by a chain-link fence not less than eight feet high.

(15)

Security. In cases where deemed necessary by the Township, the applicant shall provide a plan addressing security needs to protect the health and safety of the public as well as the occupants of the proposed facility. Such plan shall:

Describe the specific services to be offered, type of patients and/or residents to be served, and the staff to be employed for this purpose.

Identify the forms of security normally required with care of the type to be offered and detail the specific measures to be taken in the construction, development and operation of the facility so as to provide appropriate security.

At a minimum, provide for the reasonable restriction of unauthorized entry and/or exit to and from the property and provide for effective separation from adjoining residences by means of fencing, signs or a combination thereof.

Include measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.

(16)

Industrial and Manufacturing Traffic. Traffic to an industrial or manufacturing use shall not use a local street through a residential district, except for emergency vehicle access.

(17)

Heat. Heat, defined as thermal energy of a radiated, conductive or convective nature, emitted at any or all points, shall not at any time cause a temperature increase on any adjacent property in excess of 10° F., whether such change be in the air or in the ground, in a natural stream or lake, or in any structure of such adjacent property.

(18)

Other Regulations. The Zoning Officer, Planning Commission, Board of Supervisors or the Zoning Hearing Board, as the case may be, may require documentation from the applicant demonstrating that the project complies with all other applicable local, state and federal regulations and said proposal has obtained all required permits, certifications and authorizations, including, but not limited to, the PA Department of Transportation, the PA Department of Environmental Protection, the PA Department of Labor and Industry, the Federal Emergency Management Agency and the U.S. Environmental Protection Agency.

§ 27-1010 Water Supply and Sewage Disposal.

[Ord. No. 2014-101, 5/1/2014]

Water Supply. All uses shall be provided with an adequate and safe water supply meeting Township and PADEP requirements, as demonstrated by evidence to be provided by the applicant, documenting that the siting, density, and design of all proposed residential, commercial, industrial and other developments or uses shall assure the availability of reliable, safe and adequate water supplies to support the proposed land use(s) within the capacity of available water resources.

Sewage Disposal.

System Required. All uses shall be provided with a sewage disposal system meeting the needs of the proposed use and meeting the requirements of the Township and PADEP. Discharge to such system shall be limited to normal, domestic and human bodily wastes, unless the treatment system has been specifically designed to handle other wastes or the wastes are pretreated in accord with PADEP or local sewer authority requirements.

Recertification of On-lot Systems. If the Zoning Officer has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a nonresidential use would result in increased flow to a septic system, then the application shall be referred to the Sewage Enforcement Officer. The Sewage Enforcement Officer shall require modification, expansion or replacement of the system if necessary for the proposed flow.

§ 27-1011 Special Conservation Standards.

[Ord. No. 2014-101, 5/1/2014]

All uses permitted by this chapter shall be subject to the following special conservation performance standards. The procedures and standards are as follows:

Steep Slope Areas. In order to preserve the natural vegetation and to minimize erosion, sedimentation and rainfall runoff, the following controls, limitations, restrictions and conditions are placed on use of the areas having a slope in excess of 25%. The following uses are permitted in an area designated as a "steep slope area":

Agricultural operations, exclusive of buildings, not requiring cultivation.

Outdoor plant nurseries.

Forestry, tree farming and seed production, exclusive of storage and mill structures.

Parks, playgrounds and recreational uses.

Residential, commercial and industrial development, subject to the following conditions: a special building and grading plan(s) shall be required for proposed development located in steep slope areas which have a slope of 25% or more. The plans shall contain, but not be limited to, existing and proposed contours, areas to be disturbed, location of structures and methods of minimizing rainfall runoff and preventing erosion. The Township Engineer shall review the plan and determine its adequacy for minimizing rainfall runoff and preventing erosion prior to issuance of a permit and shall submit the plan to the Monroe County Conservation District, when requested, for comment prior to issuance of a permit.

Buffers for Streams, Wetlands, Vernal Ponds and Lakes.

Buffers. Buffers for streams, wetlands, vernal ponds and lakes shall be provided in accord with Chapter 23, Stormwater Management.

Wetland Studies.

It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submission of development plans.

Wetlands shall be delineated by a qualified professional as determined by the Board of Supervisors.

If no wetlands are present, the applicant shall provide a certified statement to that effect.

Flood Area Controls. In order to preserve and restore the efficiency and carrying capacity of floodways; conserve the natural runoff characteristics and groundwater-replenishment water level; preserve and maintain areas of drainage; preserve and maintain the natural regime, current and cross section of the waters of the Township; protect property and people in the flood areas from damage of floodwaters and from materials carried by such floodwaters; the following controls, limitations, restrictions and conditions are placed on use of premises within any flood area:

The following uses are permitted in an area designated as a flood area, and no others, except as hereinafter provided:

Customary agricultural operations, exclusive of buildings as defined in this chapter.

Outdoor plant nurseries.

Forestry and seed production, excluding storage and mill structures.

Parks, playgrounds and recreational uses.

Structures or other matter may not be placed in streams or flood areas where they may impede, retard or change the direction of the flow of water in such stream, or flood area, or where they will catch or collect debris carried by such water, or where the natural flow of the stream or floodwaters would carry the same downstream to the damage or detriment of either public or private property adjacent to the said stream or floodplain, except as such structures may be elevated or floodproofed in accordance with applicable Township, state or federal statutes or regulations.

The physical characteristics, including excavation and fill, of a flood area may be altered when authorized as a special exception by the Zoning Hearing Board under Part 11 of this chapter, providing approval has been obtained from the Department of Environmental Protection, and any other governmental agency having jurisdiction for such alteration, prior to the application for such special exception.

Flood areas shall include, but not be limited to, those areas shown on the Flood Insurance Rate Map for Jackson Township, prepared by the Department of Housing and Urban Development, Federal Insurance Administration. The owner shall have the obligation, if required by the Zoning Hearing Board, to provide that any area is not in fact in a flood area and therefore is not subject to the restrictions imposed by this § 27-1011, Subsection 1C. All development shall be in accordance with Chapter 23, Stormwater Management.

§ 27-1012 Property Line Buffer Areas.

[Ord. No. 2014-101, 5/1/2014]

It is the intent of this section to preserve the rural character of the Township by requiring the conservation of trees and other vegetation, especially during the land development process, and by requiring property line buffers. This effort will also minimize the detrimental effects of soil erosion and sedimentation and stormwater runoff. The Township's agricultural and other open land is vital to the rural character of the Township, which is the keystone of the local economy, and the preservation of that character will protect and promote the public welfare. This section is not intended to prescribe specific cutting practices or to prevent or hinder any landowner from realizing financial return from the sale of trees or to prevent or hinder commercial tree harvesters from operating in the Township in accord with a timber harvesting plan using best management practices. (NOTE: This § 27-1012 shall not apply to agricultural uses and lands owned by the Commonwealth of Pennsylvania or the Pennsylvania Game Commission.)

Natural Vegetation. In order to minimize soil erosion and stormwater runoff, and to preserve the rural character of the Township, natural vegetation shall be maintained to the greatest extent possible.

Clearing of vegetation shall be limited to those areas of the site needed for proposed and required improvements.

Any part of a site where existing vegetation has been disturbed and which is not used for buildings, structures, loading or parking spaces and aisles, sidewalks, designated storage areas or other improvements shall be provided with an all-season ground cover.

In the case of conditional uses and special exceptions, additional landscaping, screening and/or buffers may be required by the Township where the same are determined by the Township as necessary to protect adjoining uses.

Buffer Areas Prior to Development Approval. In addition to the requirements of § 27-1012, Subsection 1A, the following requirements shall apply to all parcels in V, RC, C, I and CV Districts and parcels of more than 10 acres in R-1 Districts.

[Amended by Ord. No. 2015-101, 4/23/2015]

A buffer shall be maintained until such time as a development plan is approved for the parcel and buffers are provided in accord with this chapter. The buffer shall not be less than 75 feet in width and shall be maintained along all property lines and any road right-of-way. Existing vegetation in this buffer area shall not be disturbed, except that trees may be harvested to the extent that the basal area of trees in the seventy-five-foot buffer area shall not be reduced below 50% of the basal area present before cutting or below 65 square feet per acre, whichever is higher. Any such reduction shall be by thinning the vegetation across the entire buffer so that the buffer is maintained along all property lines and road rights-of-way. "Basal area" is the area in square feet per acre occupied by tree stems at 4.5 feet above the ground, normally measured by a calibrated prism or angle gauge.

Clearing of vegetation and landscaping for a development project shall be in accord with an overall plan to be submitted with the zoning and land development plan application. Such clearing shall not be initiated until the application is approved by the Township. For the purposes of installation, landscaping shall be considered an improvement in accord with Chapter 22, Subdivision and Land Development. The clearing and landscaping plan shall show the type and extent of existing vegetation, the area proposed for clearing and proposed landscaping.

§ 27-1013 Traffic Impact Study (TIS).

[Ord. No. 2014-101, 5/1/2014; as amended by Ord. No. 2023-104, 6/7/2023]

Purpose. Traffic impact studies are required for certain activities to enable the Township to assess the effect on the transportation system in and around the Township and to:

Ensure that proposed uses do not adversely affect the transportation network.

Identify any traffic problems associated with site access.

Determine traffic problems on private, Township, county or state roads in the project traffic study area.

Assist in the protection of the safety of the motoring public, air quality, and energy conservation.

Thresholds. A traffic impact study (TIS) shall be required for all residential and nonresidential proposals that are projected to generate 150 or more trip ends per project peak hour or 1,500 trip ends or more per day based on the latest edition of Trip Generation published by the Institute of Transportation Engineers. A TIS shall also be required for additions to a use, changes of use and replacements of nonconforming uses that increase the total traffic (i.e., existing plus new traffic), that meet or exceed the peak hour or daily thresholds. A traffic impact study may be required if deemed necessary by the Board of Supervisors due to concerns with existing geometric limitations of the existing road frontage, including, but not limited to: inadequate pavement width, turning limitations for the largest anticipated vehicle, inadequate sight distances, and inadequate pavement cross-sections.

Requirements.

State Roads. In cases where PennDOT requires a TIS for access to a state road, a separate TIS shall not be required by the Township. If PennDOT does not require a TIS and the traffic from the proposed use meets or exceeds the peak hour or daily thresholds, a TIS using PennDOT methodology shall be required.

Township Roads. If a TIS is required for access to a Township road, the TIS shall be prepared in accord with PennDOT methodology.

§ 27-1014 Short-Term Rentals

[Ord. No. 2023-100, 1/23/2023]

Where Permitted. Short-term rentals are permitted where expressly allowed elsewhere in this chapter but are prohibited in the Residential (R-1) District. Where permitted, short-term rentals may be established and operated only in compliance with the Jackson Township's Short-Term Rental Ordinance, Ordinance No. 2018-100, as amended.[1]

Editor's Note: See Chapter 13, Part 3, Short-Term Rental Units.

Nonconforming Short-Term Rentals. Subject to § 27-302, Subsection 1D (Change and Enlargement of Nonconforming Uses and Structures) and § 27-302, Subsection 1E (Restoration, Repair, Abandonment of Nonconforming Buildings or Structures), any short-term rental lawfully established and existing on or before January 27, 2023 may continue in operation. Such nonconforming short-term rentals must register with the Township Zoning Officer but are not required to obtain a zoning permit. See § 27-1403 ("No permit shall be required for [a] nonconforming use.") A short-term rental permit for a nonconforming short-term rental may not be renewed or reinstated after any failure to renew, or revocation of, its short-term rental permit.

Jackson Township Monroe County
City Zoning Code

PART 10

SPECIAL REGULATIONS

§ 27-1001 Access to Structures.

[Ord. No. 2014-101, 5/1/2014]

§ 27-1002 Fences and Walls.

[Ord. No. 2014-101, 5/1/2014]

[Amended by Ord. No. 2015-101, 4/23/2015]

Fences shall be located no less than two feet to any lot line.

No fencing may be erected that inhibits sight distance at a street intersection.

§ 27-1003 No-Impact Home-Based Business.

[Ord. No. 2014-101, 5/1/2014]

Within all zones, the no-impact home based business must satisfy the following requirements and a permit shall be required:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to, parking, signs, or lights.

The business activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with single-family residential use.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

§ 27-1004 Home Occupations.

[Ord. No. 2014-101, 5/1/2014]

Home occupations as defined in Part 16 of this chapter shall be subject to the following conditions and a permit shall be required:

The home occupation shall be conducted entirely inside the principal building or accessory structure and shall be clearly incidental and secondary to the use of the dwelling as a residence.

No outdoor display or display visible from outdoors, or outdoor storage of materials, goods, products, supplies, or equipment used in the home occupation(s) shall be permitted.

Off-street parking shall be provided on the premises as required by this chapter to prevent parking on any public or private street right-of-way.

One sign, not more than two square feet for each face, shall be permitted in accord with Part 17.

All performance standards applicable to commercial uses shall apply to home occupations.

§ 27-1005 Off-Street Parking and Loading.

[Ord. No. 2014-101, 5/1/2014]

Availability and Use of Facilities.

Location of Parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in §§ 27-1005, Subsection 1K, or 27-1005, Subsection 1L.

Garages and Carports. Garages and carports not in the public right-of-way may be considered parking spaces.

Site Plan; Design.

Site Plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

Number of Spaces to Be Provided. The number of parking spaces required by this § 27-1005 shall be considered the minimum and maximum requirements unless modified in accord with this § 27-1005.

Parking Required for Nonresidential Uses.

Parking Generation Manual.

[Amended by Ord. No. 2015-101, 4/23/2015]

Editor's Note: The Parking Demand Table is included as an attachment to this chapter.

Similar Use. The parking provided for the proposed use shall be based on the most similar use and unit of calculation listed in the Parking Demand Table as determined by the Zoning Officer.

Land Uses with 85th Percentile Data Listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall be the average peak period demand or 85% of the peak, whichever is reported in the Parking Demand Table.

Land Uses without 85th Percentile Data Listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall be the average peak period demand or 85% of the peak, whichever is reported in the Parking Demand Table.

Parking Required for Residential Uses. Two off-street parking spaces shall be provided and maintained for each residential dwelling unit, except as follows:

Single-family dwellings: three per dwelling unit.

Two-family dwellings and multifamily dwellings: two per dwelling unit.

Multifamily senior citizen housing: one per dwelling unit.

Continuing care retirement community: one per dwelling unit.

Assisted living facilities: 0.5 per dwelling unit.

Handicapped Parking. Parking for the handicapped shall be provided in accord with the Americans With Disabilities Act[2] and shall count as part of the spaces required for the use by this § 27-1005.

[2]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Loading and Unloading Areas.

Largest Type of Truck Service	Minimum Width (feet)	Minimum Length (feet)
Tractor trailer	12	50 with 14 feet clear height
Trucks other than tractor trailers, pickups or vans	10	25
Pickup truck or van	9	18

Width. Unless otherwise required by PennDOT for access to a state road, the width of the driveway/access onto a public street at the right-of-way shall be as follows:

[Amended by Ord. No. 2015-101, 4/23/2015]

Width*	1-Way Use	2-Way Use
Minimum (feet)	12	20
Maximum (feet)	35	50

*	Exclusive of the turning radius

Parking and Loading Area Setbacks.

Measurement. The width of the buffer shall be measured from property lines and from the curbline or from the legal right-of-way line after development if no curbs will be provided.

Uses Prohibited. The buffer area shall be maintained in natural vegetative ground cover and shall not include:

Paving, except for approved driveway/access crossings.

Fences, unless integral to landscaping.

Parking, storage or display of vehicles.

Items for sale or rent.

Uses Permitted. The buffer area may include the following:

Permitted freestanding signs.

Pervious stormwater facilities.

Approved driveway/access crossings.

Sidewalks. Sidewalks, existing or proposed, may be included in the buffer area.

Grading and Drainage; Paving.

Parking and loading facilities, including driveways, shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.

Except for landscaped areas, all portions of required parking, loading facilities and accessways shall be surfaced with asphalt, concrete, paving block or porous pavement or pavers.

Documentation. The applicant shall provide information to establish that the shared spaces will be used at different times of the day, week, month, and/or year.

ACTIVE SOLAR ENERGY SYSTEM

Common Property Line. The joint-use parking area may span a common property line, thereby eliminating the setback required in § 27-1005, Subsection 1I.

Snow Storage and Removal. All plans for proposed parking areas of 50 or more spaces shall include details for adequate snow storage and removal.

§ 27-1007 Alternative Energy Requirements.

[Ord. No. 2014-101, 5/1/2014; Ord. No. 2024-102, 10/17/2024]

Definitions. The following terms are specifically designed for use within this section:

A solar energy system that requires external mechanical power to move collected heat.

ENERGY STORAGE FACILITY

PASSIVE SOLAR ENERGY SYSTEM

A solar energy system that uses natural and architectural components to collect and store energy without using any external mechanical power.

SKYSPACE

SOLAR COLLECTOR

SOLAR ENERGY

Radiant energy (direct, diffused and reflected) received from the sun.

SOLAR ENERGY SYSTEM

A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.

WIND ENERGY CONVERSION SYSTEM

A device that converts wind energy to mechanical or electrical energy; commonly referred to as "windmills."

WIND ROTOR

Solar panels with a combined glazing area of 65 square feet or less may be placed in any required setback but shall not be closer than 10 feet from any property line.

Solar panels with a combined glazing area in excess of 65 square feet, provided that:

Solar panels attached to a principal structure shall comply with the zoning setbacks prescribed for a principal structure in the applicable zoning district;

Solar panels that are freestanding or attached to an accessory structure shall comply with the accessory structure requirements of this chapter.

Detached solar greenhouses shall meet all setback requirements specified for accessory structures in this chapter.

Protection.

Maximum height requirements of this chapter shall not apply to roof-mounted solar collector systems.

Maintenance.

Energy systems shall be maintained in a safe manner. Broken glass or other potentially hazardous conditions shall be promptly repaired.

A disconnected or abandoned energy system shall be dismantled and removed from the property within 60 days of such abandonment.

Plans and Permits.

Exact size and location of proposed solar or wind energy conversion system.

Any associated apparatus, structures, or architectural features necessary for the efficient operation of a solar or wind energy device.

Wind Energy Conversion System. Wind energy conversion systems (WECS) for energy uses shall be permitted as an accessory to principal use within any district and comply with the following regulations:

Primary purpose shall be to provide power for the principal use and accessory uses of the property and is not for the generation of power for commercial purposes.

The number of WECS towers per parcel shall be limited to the number required to provide power for the uses on the parcel.

No WECS shall be located in any required front setback area.

Maximum height shall be 80 feet measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position measured along the vertical axis of the tower.

Minimum setback from all property lines and aboveground utility lines shall be 1.1 times the height of the WECS.

Minimum height from the base of the tower to the lowest part of the blade tip or rotor system shall be 12 feet.

Blade color shall be off-white or light gray.

Lighting of the tower for aircraft and helicopter will conform with FAA standards for wattage and color, when applicable.

The tower should have either:

Tower climbing apparatus located no closer than 12 feet to the ground level at the base of the structure;

A locked anticlimb device installed on the tower; or

Shall be completely enclosed with a locked fence at least six feet in height to prevent uncontrolled access from unauthorized personnel.

A sign shall be posted at the base of the tower, warning of electrical shock or high voltage.

An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.

Editor's Note: So in original.

§ 27-1008 Developments of Regional Significance.

[Ord. No. 2014-101, 5/1/2014]

[Amended by Ord. No. 2015-101, 4/23/2015]

Type of Development	Threshold
Adult business	New facility or expansion of use of existing facility by 50% or more; and located within 1/2 mile of a jurisdictional boundary
Airports and heliports	Any new airport with a paved runway; or runway additions of more than 25% of existing runway length or within 1/2 mile of a jurisdictional boundary
Commercial (including retail, mixed-commercial and office centers) not classified below	Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Concentrated animal feeding operations (CAFO)	New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Fuel storage facilities	Storage capacity greater than 75,000 gallons if within 1,000 feet of any water supply; otherwise, storage capacity greater than 150,000 gallons; and located within 1/2 mile of a jurisdictional boundary
Gambling/betting facilities	New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Hospitals and other major medical centers	New facility or expansion of use of an existing facility by 50% or more and within 1/2 mile of a jurisdictional boundary
Housing	Housing developments (single-family, two-family or multifamily) if in excess of 50 or more dwelling units, or resulting in the development of 25 dwelling units or more and within 1,000 feet of the Township boundary line
Industrial facilities	New facility or expansion of use of an existing facility by 50% or more or within 1/2 mile of a jurisdictional boundary
Intermodal terminals ("intermodal" - a facility or system that transfers people, goods, or information between 2 or more transport modes or networks between an origin and destination)	New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Kennels	New facility or expansion of existing facility by more than 50% and within 1/2 mile of a jurisdictional boundary
Mineral extraction or mineral processing	New facility or expansion of existing facility by more than 50%; and located within 1/2 mile of a jurisdictional boundary
Lodging facilities	Greater than 150 rooms and within 1/2 mile of a jurisdictional boundary
Mixed residential and nonresidential uses	Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Infrastructure projects	Infrastructure projects within 1/2 mile of adjoining municipal boundaries; projects outside 1/2 mile may be reviewed on a discretionary basis as desired by the host municipality
Schools/colleges	New facility with a capacity of more than 750 students, or expansion by at least 25% of capacity and within 1/2 mile of a jurisdictional boundary
Solid waste facilities	New facility or expansion of use of an existing facility by 50% or more
Sports complexes, attractions and regional recreational facilities	New facility or expansion of use of an existing facility by 50% or more; or located within 1/2 mile of a jurisdictional boundary
Truck terminals	A new facility with more than 3 diesel fuel pumps or containing a 1/2 acre of truck parking or 10 truck parking spaces; and within 1/2 mile of a jurisdictional boundary
Wastewater treatment facilities	New facility or expansion of existing facility by more than 50%; and located within 1 mile of a jurisdictional boundary
Water supply (quantity or quality) intakes/reservoirs	New facilities or expansion of use by 50% or more and within 1/2 mile of a jurisdictional boundary
Wholesale or distribution facilities	Greater than 100,000 square feet or expansion of an existing use by 50% or more and within 1/2 mile of a jurisdictional boundary
Any other land development types not identified above (includes parking facilities)	Generate new vehicle trips in excess of 1,000 average daily trips (ADT) or has the potential to generate adverse environmental or human impacts, stormwater runoff, wastewater collection or treatment and within 1/2 mile of a jurisdictional boundary

Editor's Note: See 53 P.S. § 10107.

§ 27-1009 Performance Standards.

[Ord. No. 2014-101, 5/1/2014]

Buffers and Screening. Buffers and screening shall be provided in accord with this chapter and Chapter 22, Subdivision and Land Development.

Buffer. In the case of conditional uses or special exceptions, increased buffers may be required.

Where required, buffers of specified width shall be provided along the lot lines. The buffer may overlap the required setbacks. In the case of a conflict, the larger setback shall apply.

All buffers shall be planted with grass or ground cover and, where required, a dense screen planting. Buffers shall be maintained and kept free of all debris and rubbish.

No parking shall be permitted in buffers.

Native plants should be used and invasive species shall not be permitted.

Screening. Required screening shall consist of screen plantings and shall be in accord with the following requirements:

The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.

The screen planting shall be so placed that at maturity it will be not closer than three feet from any ultimate right-of-way or property line.

A clear sight triangle shall be maintained at all street intersections and at all points where vehicular accessways intersect public streets.

The screen planting shall be broken only at points of vehicular or pedestrian access.

Native plants should be used and invasive species shall not be permitted.

Sales Area. One outdoor sales area meeting the required setbacks for the district shall be permitted not to exceed the lesser of 10% of the interior retail sales space or 500 square feet.

Storage in Setback and Parking Areas. Storage of equipment, supplies, products or any other materials shall not be permitted in any required setback or parking areas.

Fire and Explosion Hazards.

Burning. Burning of waste materials in open fires is prohibited.

Other Requirements. The relevant provisions of federal, state and local laws and regulations shall also apply.

Hazard Details. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review by the Township.

Electromagnetic Radiation and Radioactive Radiation.

Noise.

Continuous Sound Levels by Receiving Land Use
Receiving Land Use Category	Time		Sound Level Limit
Residential, public space, open space or institutional	1.	7:00 a.m. through 9:00 p.m.	1.	60 dBa
	2.	9:00 p.m. through 7:00 a.m., plus Sundays and legal holidays	2.	50 dBa
Commercial or business	1.	7:00 a.m. through 9:00 p.m.
	2.	9:00 p.m. through 7:00 a.m., plus Sundays and legal holidays	1.	65 dBa
Industrial	At all times		70 dBa

The maximum permissible sound levels by the receiving land use category as listed in the previous table shall not apply to any of the following noise sources:

The emission of sound for the purpose of alerting persons to the existence of an emergency.

Emergency work to provide electricity, water, or other public utilities when public health or safety is involved.

Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m.

Explosives and construction operations.

Motor vehicles during normal operation on public and private roads.

Public celebrations specifically authorized by the Township.

Surface carriers engaged in commerce by railroad.

(h)

The unamplified human voice.

(i)

Periodic outdoor sports or entertainment activities approved by the Township.

Purpose. To set standards for outdoor lighting to:

Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns;

Protect drivers and pedestrians from the glare of nonvehicular light sources;

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources; and

Promote energy efficient lighting design and operation.

Applicability.

Exemptions. The following lighting applications are exempt from the requirements of this § 27-1009, Subsection 1H:

Lighting for public monuments and statuary.

Underwater lighting in swimming pools and other water features.

Low voltage landscape lighting.

Individual porch lights of a dwelling.

Repairs to existing luminaires not exceeding 25% of the number of total installed luminaires.

Temporary lighting for theatrical, television, performance areas and construction sites.

Temporary lighting and seasonal decorative lighting, provided that individual lamps are less than 10 watts and 70 lumens.

Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency.

Standards.

Illumination Levels. Lighting shall have illuminances, uniformities and glare control in accord with the recommended practices of the Illuminating Engineering Society of North America (IESNA).

Luminaire Design.

Horizontal Surfaces.

Nonhorizontal Surfaces.

Control of Glare.

Barn lights, AKA "dusk-to-dawn lights," when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

The use of floodlights and wall-mounted luminaires ("wall packs") shall not be permitted to illuminate parking areas.

Light Spillover.

Nonresidential. The illumination projected from any property onto a nonresidential use shall at no time exceed 1.0 initial footcandle, measured line-of-sight from any point on the receiving property.

11)

12)

Soft lighting around building exteriors shall not exceed 15 initial footcandles.

13)

Installation.

Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accord with the National Electrical Code (NEC) Handbook.

Pole-mounted luminaires for lighting horizontal surfaces shall be aimed straight down and poles shall be plumb.

Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.

Maintenance. Luminaires and ancillary equipment shall be maintained so as to meet the requirements of this chapter.

Internally illuminated signs shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 initial lumens per square foot of sign face per side.

Electronic message signs shall comply with the requirements of § 27-1710.

The illumination of a billboard within 400 feet of a residential use shall not be permitted.

Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.

The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.

Maximum mounting heights for recreational lighting shall be in accordance with the following:

Basketball: 20 feet.

Football: 70 feet.

Soccer: 70 feet.

Lacrosse: 70 feet.

Baseball and softball:

Two-hundred-foot radius: 60 feet.

Three-hundred-foot radius: 70 feet.

Miniature golf: 20 feet (see driving range in § 27-1009, Subsection 1H(4)(a).

Swimming pool aprons: 20 feet.

Tennis: 20 feet.

Track: 20 feet.

All uses not listed: 20 feet.

Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.

Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five-foot line-of-sight.

Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.

A narrative describing the measures proposed to achieve minimum off-site disturbance.

Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.

When requested by the Township for conditional uses or special exceptions, the applicant shall also submit a visual impact plan in accord with § 27-1009, Subsection 1H(4)(e).

Plan Notes. The following notes shall appear on the lighting plan:

All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the Township.

Installer shall notify Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.

Violations; Safety Hazards.

If appropriate corrective action has not been effected within 15 days of notification, the Township may take appropriate legal action.

Nonconforming Lighting. A nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this § 27-1009, Subsection 1H, when:

It is deemed by the Zoning Officer to create a safety hazard;

It is replaced, abandoned or relocated;

There is a change in use.

LUMINAIRE, SHIELDED DIRECTIONAL

ARCHITECTURAL LIGHTING

Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.

FOOTCANDLE

FULL CUTOFF

FULLY SHIELDED

A luminaire with opaque top and sides, capable of emitting light only in the lower photometric hemisphere as installed.

GLARE

Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or loss in visual performance and visibility.

LAMP

A generic term for a source of optical radiation, often called a "bulb" or "tube."

LED

Light-emitting diode.

LIGHT FIXTURE

The complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), not including the support assembly (pole or mounting bracket).

LIGHT TRESPASS

Light emitted by a luminaire or installation which is cast beyond the boundaries of the property on which the lighting installation is sited.

[Amended by Ord. No. 2015-101, 4/23/2015]

LIGHTING SYSTEM

On a site, all exterior electric lighting and controls.

LUMEN

As used in the context of this chapter, the light-output rating of a lamp (light bulb).

LUMINAIRE

A fully shielded luminaire with an adjustable mounting device allowing aiming in a direction other than straight downward.

Odors. No emission shall be permitted of odorous gases or other odorous matter, except in full compliance with PA Department of Environmental Protection requirements.

Other Forms of Air Pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted, except in full compliance with PADEP requirements.

Report. The Township may require the applicant to submit a report from a qualified engineer or geologist detailing:

The geologic structure of the area proposed to be disturbed and identifying the probable impacts on groundwater supply and quality.

The potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions.

The use of groundwater and any processes that could result in the depletion of groundwater supplies.

Stormwater Management and Soil Erosion Control.

Stormwater Management. Stormwater management shall be provided in accord with Chapter 23, Stormwater Management, and Chapter 22, Subdivision and Land Development.

Soil Erosion and Sedimentation Control.

Waste Materials.

Describe the specific services to be offered, type of patients and/or residents to be served, and the staff to be employed for this purpose.

Include measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.

(16)

Industrial and Manufacturing Traffic. Traffic to an industrial or manufacturing use shall not use a local street through a residential district, except for emergency vehicle access.

(17)

(18)

§ 27-1010 Water Supply and Sewage Disposal.

[Ord. No. 2014-101, 5/1/2014]

Sewage Disposal.

§ 27-1011 Special Conservation Standards.

[Ord. No. 2014-101, 5/1/2014]

All uses permitted by this chapter shall be subject to the following special conservation performance standards. The procedures and standards are as follows:

Agricultural operations, exclusive of buildings, not requiring cultivation.

Outdoor plant nurseries.

Forestry, tree farming and seed production, exclusive of storage and mill structures.

Parks, playgrounds and recreational uses.

Buffers for Streams, Wetlands, Vernal Ponds and Lakes.

Buffers. Buffers for streams, wetlands, vernal ponds and lakes shall be provided in accord with Chapter 23, Stormwater Management.

Wetland Studies.

It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submission of development plans.

Wetlands shall be delineated by a qualified professional as determined by the Board of Supervisors.

If no wetlands are present, the applicant shall provide a certified statement to that effect.

The following uses are permitted in an area designated as a flood area, and no others, except as hereinafter provided:

Customary agricultural operations, exclusive of buildings as defined in this chapter.

Outdoor plant nurseries.

Forestry and seed production, excluding storage and mill structures.

Parks, playgrounds and recreational uses.

§ 27-1012 Property Line Buffer Areas.

[Ord. No. 2014-101, 5/1/2014]

Clearing of vegetation shall be limited to those areas of the site needed for proposed and required improvements.

[Amended by Ord. No. 2015-101, 4/23/2015]

§ 27-1013 Traffic Impact Study (TIS).

[Ord. No. 2014-101, 5/1/2014; as amended by Ord. No. 2023-104, 6/7/2023]

Purpose. Traffic impact studies are required for certain activities to enable the Township to assess the effect on the transportation system in and around the Township and to:

Ensure that proposed uses do not adversely affect the transportation network.

Identify any traffic problems associated with site access.

Determine traffic problems on private, Township, county or state roads in the project traffic study area.

Assist in the protection of the safety of the motoring public, air quality, and energy conservation.

Requirements.

Township Roads. If a TIS is required for access to a Township road, the TIS shall be prepared in accord with PennDOT methodology.

§ 27-1014 Short-Term Rentals

[Ord. No. 2023-100, 1/23/2023]

Editor's Note: See Chapter 13, Part 3, Short-Term Rental Units.

Jackson Township Monroe County
City Zoning Code

PART 10

SPECIAL REGULATIONS

§ 27-1001 Access to Structures.

[Ord. No. 2014-101, 5/1/2014]

§ 27-1002 Fences and Walls.

[Ord. No. 2014-101, 5/1/2014]

[Amended by Ord. No. 2015-101, 4/23/2015]

Fences shall be located no less than two feet to any lot line.

No fencing may be erected that inhibits sight distance at a street intersection.

§ 27-1003 No-Impact Home-Based Business.

[Ord. No. 2014-101, 5/1/2014]

Within all zones, the no-impact home based business must satisfy the following requirements and a permit shall be required:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to, parking, signs, or lights.

The business activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with single-family residential use.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

§ 27-1004 Home Occupations.

[Ord. No. 2014-101, 5/1/2014]

Home occupations as defined in Part 16 of this chapter shall be subject to the following conditions and a permit shall be required:

The home occupation shall be conducted entirely inside the principal building or accessory structure and shall be clearly incidental and secondary to the use of the dwelling as a residence.

No outdoor display or display visible from outdoors, or outdoor storage of materials, goods, products, supplies, or equipment used in the home occupation(s) shall be permitted.

Off-street parking shall be provided on the premises as required by this chapter to prevent parking on any public or private street right-of-way.

One sign, not more than two square feet for each face, shall be permitted in accord with Part 17.

All performance standards applicable to commercial uses shall apply to home occupations.

§ 27-1005 Off-Street Parking and Loading.

[Ord. No. 2014-101, 5/1/2014]

Availability and Use of Facilities.

Location of Parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in §§ 27-1005, Subsection 1K, or 27-1005, Subsection 1L.

Garages and Carports. Garages and carports not in the public right-of-way may be considered parking spaces.

Site Plan; Design.

Site Plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

Number of Spaces to Be Provided. The number of parking spaces required by this § 27-1005 shall be considered the minimum and maximum requirements unless modified in accord with this § 27-1005.

Parking Required for Nonresidential Uses.

Parking Generation Manual.

[Amended by Ord. No. 2015-101, 4/23/2015]

Editor's Note: The Parking Demand Table is included as an attachment to this chapter.

Similar Use. The parking provided for the proposed use shall be based on the most similar use and unit of calculation listed in the Parking Demand Table as determined by the Zoning Officer.

Land Uses with 85th Percentile Data Listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall be the average peak period demand or 85% of the peak, whichever is reported in the Parking Demand Table.

Land Uses without 85th Percentile Data Listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall be the average peak period demand or 85% of the peak, whichever is reported in the Parking Demand Table.

Parking Required for Residential Uses. Two off-street parking spaces shall be provided and maintained for each residential dwelling unit, except as follows:

Single-family dwellings: three per dwelling unit.

Two-family dwellings and multifamily dwellings: two per dwelling unit.

Multifamily senior citizen housing: one per dwelling unit.

Continuing care retirement community: one per dwelling unit.

Assisted living facilities: 0.5 per dwelling unit.

Handicapped Parking. Parking for the handicapped shall be provided in accord with the Americans With Disabilities Act[2] and shall count as part of the spaces required for the use by this § 27-1005.

[2]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Loading and Unloading Areas.

Largest Type of Truck Service	Minimum Width (feet)	Minimum Length (feet)
Tractor trailer	12	50 with 14 feet clear height
Trucks other than tractor trailers, pickups or vans	10	25
Pickup truck or van	9	18

Width. Unless otherwise required by PennDOT for access to a state road, the width of the driveway/access onto a public street at the right-of-way shall be as follows:

[Amended by Ord. No. 2015-101, 4/23/2015]

Width*	1-Way Use	2-Way Use
Minimum (feet)	12	20
Maximum (feet)	35	50

*	Exclusive of the turning radius

Parking and Loading Area Setbacks.

Measurement. The width of the buffer shall be measured from property lines and from the curbline or from the legal right-of-way line after development if no curbs will be provided.

Uses Prohibited. The buffer area shall be maintained in natural vegetative ground cover and shall not include:

Paving, except for approved driveway/access crossings.

Fences, unless integral to landscaping.

Parking, storage or display of vehicles.

Items for sale or rent.

Uses Permitted. The buffer area may include the following:

Permitted freestanding signs.

Pervious stormwater facilities.

Approved driveway/access crossings.

Sidewalks. Sidewalks, existing or proposed, may be included in the buffer area.

Grading and Drainage; Paving.

Parking and loading facilities, including driveways, shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.

Except for landscaped areas, all portions of required parking, loading facilities and accessways shall be surfaced with asphalt, concrete, paving block or porous pavement or pavers.

Documentation. The applicant shall provide information to establish that the shared spaces will be used at different times of the day, week, month, and/or year.

ACTIVE SOLAR ENERGY SYSTEM

Common Property Line. The joint-use parking area may span a common property line, thereby eliminating the setback required in § 27-1005, Subsection 1I.

Snow Storage and Removal. All plans for proposed parking areas of 50 or more spaces shall include details for adequate snow storage and removal.

§ 27-1007 Alternative Energy Requirements.

[Ord. No. 2014-101, 5/1/2014; Ord. No. 2024-102, 10/17/2024]

Definitions. The following terms are specifically designed for use within this section:

A solar energy system that requires external mechanical power to move collected heat.

ENERGY STORAGE FACILITY

PASSIVE SOLAR ENERGY SYSTEM

A solar energy system that uses natural and architectural components to collect and store energy without using any external mechanical power.

SKYSPACE

SOLAR COLLECTOR

SOLAR ENERGY

Radiant energy (direct, diffused and reflected) received from the sun.

SOLAR ENERGY SYSTEM

A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.

WIND ENERGY CONVERSION SYSTEM

A device that converts wind energy to mechanical or electrical energy; commonly referred to as "windmills."

WIND ROTOR

Solar panels with a combined glazing area of 65 square feet or less may be placed in any required setback but shall not be closer than 10 feet from any property line.

Solar panels with a combined glazing area in excess of 65 square feet, provided that:

Solar panels attached to a principal structure shall comply with the zoning setbacks prescribed for a principal structure in the applicable zoning district;

Solar panels that are freestanding or attached to an accessory structure shall comply with the accessory structure requirements of this chapter.

Detached solar greenhouses shall meet all setback requirements specified for accessory structures in this chapter.

Protection.

Maximum height requirements of this chapter shall not apply to roof-mounted solar collector systems.

Maintenance.

Energy systems shall be maintained in a safe manner. Broken glass or other potentially hazardous conditions shall be promptly repaired.

A disconnected or abandoned energy system shall be dismantled and removed from the property within 60 days of such abandonment.

Plans and Permits.

Exact size and location of proposed solar or wind energy conversion system.

Any associated apparatus, structures, or architectural features necessary for the efficient operation of a solar or wind energy device.

Wind Energy Conversion System. Wind energy conversion systems (WECS) for energy uses shall be permitted as an accessory to principal use within any district and comply with the following regulations:

Primary purpose shall be to provide power for the principal use and accessory uses of the property and is not for the generation of power for commercial purposes.

The number of WECS towers per parcel shall be limited to the number required to provide power for the uses on the parcel.

No WECS shall be located in any required front setback area.

Maximum height shall be 80 feet measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position measured along the vertical axis of the tower.

Minimum setback from all property lines and aboveground utility lines shall be 1.1 times the height of the WECS.

Minimum height from the base of the tower to the lowest part of the blade tip or rotor system shall be 12 feet.

Blade color shall be off-white or light gray.

Lighting of the tower for aircraft and helicopter will conform with FAA standards for wattage and color, when applicable.

The tower should have either:

Tower climbing apparatus located no closer than 12 feet to the ground level at the base of the structure;

A locked anticlimb device installed on the tower; or

Shall be completely enclosed with a locked fence at least six feet in height to prevent uncontrolled access from unauthorized personnel.

A sign shall be posted at the base of the tower, warning of electrical shock or high voltage.

An automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation.

Editor's Note: So in original.

§ 27-1008 Developments of Regional Significance.

[Ord. No. 2014-101, 5/1/2014]

[Amended by Ord. No. 2015-101, 4/23/2015]

Type of Development	Threshold
Adult business	New facility or expansion of use of existing facility by 50% or more; and located within 1/2 mile of a jurisdictional boundary
Airports and heliports	Any new airport with a paved runway; or runway additions of more than 25% of existing runway length or within 1/2 mile of a jurisdictional boundary
Commercial (including retail, mixed-commercial and office centers) not classified below	Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Concentrated animal feeding operations (CAFO)	New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Fuel storage facilities	Storage capacity greater than 75,000 gallons if within 1,000 feet of any water supply; otherwise, storage capacity greater than 150,000 gallons; and located within 1/2 mile of a jurisdictional boundary
Gambling/betting facilities	New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Hospitals and other major medical centers	New facility or expansion of use of an existing facility by 50% or more and within 1/2 mile of a jurisdictional boundary
Housing	Housing developments (single-family, two-family or multifamily) if in excess of 50 or more dwelling units, or resulting in the development of 25 dwelling units or more and within 1,000 feet of the Township boundary line
Industrial facilities	New facility or expansion of use of an existing facility by 50% or more or within 1/2 mile of a jurisdictional boundary
Intermodal terminals ("intermodal" - a facility or system that transfers people, goods, or information between 2 or more transport modes or networks between an origin and destination)	New facility or expansion of existing facility by more than 50% or within 1/2 mile of a jurisdictional boundary
Kennels	New facility or expansion of existing facility by more than 50% and within 1/2 mile of a jurisdictional boundary
Mineral extraction or mineral processing	New facility or expansion of existing facility by more than 50%; and located within 1/2 mile of a jurisdictional boundary
Lodging facilities	Greater than 150 rooms and within 1/2 mile of a jurisdictional boundary
Mixed residential and nonresidential uses	Greater than 150,000 square feet; or 75,000 square feet if within 1/2 mile of a jurisdictional boundary
Infrastructure projects	Infrastructure projects within 1/2 mile of adjoining municipal boundaries; projects outside 1/2 mile may be reviewed on a discretionary basis as desired by the host municipality
Schools/colleges	New facility with a capacity of more than 750 students, or expansion by at least 25% of capacity and within 1/2 mile of a jurisdictional boundary
Solid waste facilities	New facility or expansion of use of an existing facility by 50% or more
Sports complexes, attractions and regional recreational facilities	New facility or expansion of use of an existing facility by 50% or more; or located within 1/2 mile of a jurisdictional boundary
Truck terminals	A new facility with more than 3 diesel fuel pumps or containing a 1/2 acre of truck parking or 10 truck parking spaces; and within 1/2 mile of a jurisdictional boundary
Wastewater treatment facilities	New facility or expansion of existing facility by more than 50%; and located within 1 mile of a jurisdictional boundary
Water supply (quantity or quality) intakes/reservoirs	New facilities or expansion of use by 50% or more and within 1/2 mile of a jurisdictional boundary
Wholesale or distribution facilities	Greater than 100,000 square feet or expansion of an existing use by 50% or more and within 1/2 mile of a jurisdictional boundary
Any other land development types not identified above (includes parking facilities)	Generate new vehicle trips in excess of 1,000 average daily trips (ADT) or has the potential to generate adverse environmental or human impacts, stormwater runoff, wastewater collection or treatment and within 1/2 mile of a jurisdictional boundary

Editor's Note: See 53 P.S. § 10107.

§ 27-1009 Performance Standards.

[Ord. No. 2014-101, 5/1/2014]

Buffers and Screening. Buffers and screening shall be provided in accord with this chapter and Chapter 22, Subdivision and Land Development.

Buffer. In the case of conditional uses or special exceptions, increased buffers may be required.

Where required, buffers of specified width shall be provided along the lot lines. The buffer may overlap the required setbacks. In the case of a conflict, the larger setback shall apply.

All buffers shall be planted with grass or ground cover and, where required, a dense screen planting. Buffers shall be maintained and kept free of all debris and rubbish.

No parking shall be permitted in buffers.

Native plants should be used and invasive species shall not be permitted.

Screening. Required screening shall consist of screen plantings and shall be in accord with the following requirements:

The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.

The screen planting shall be so placed that at maturity it will be not closer than three feet from any ultimate right-of-way or property line.

A clear sight triangle shall be maintained at all street intersections and at all points where vehicular accessways intersect public streets.

The screen planting shall be broken only at points of vehicular or pedestrian access.

Native plants should be used and invasive species shall not be permitted.

Sales Area. One outdoor sales area meeting the required setbacks for the district shall be permitted not to exceed the lesser of 10% of the interior retail sales space or 500 square feet.

Storage in Setback and Parking Areas. Storage of equipment, supplies, products or any other materials shall not be permitted in any required setback or parking areas.

Fire and Explosion Hazards.

Burning. Burning of waste materials in open fires is prohibited.

Other Requirements. The relevant provisions of federal, state and local laws and regulations shall also apply.

Hazard Details. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review by the Township.

Electromagnetic Radiation and Radioactive Radiation.

Noise.

Continuous Sound Levels by Receiving Land Use
Receiving Land Use Category	Time		Sound Level Limit
Residential, public space, open space or institutional	1.	7:00 a.m. through 9:00 p.m.	1.	60 dBa
	2.	9:00 p.m. through 7:00 a.m., plus Sundays and legal holidays	2.	50 dBa
Commercial or business	1.	7:00 a.m. through 9:00 p.m.
	2.	9:00 p.m. through 7:00 a.m., plus Sundays and legal holidays	1.	65 dBa
Industrial	At all times		70 dBa

The maximum permissible sound levels by the receiving land use category as listed in the previous table shall not apply to any of the following noise sources:

The emission of sound for the purpose of alerting persons to the existence of an emergency.

Emergency work to provide electricity, water, or other public utilities when public health or safety is involved.

Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m.

Explosives and construction operations.

Motor vehicles during normal operation on public and private roads.

Public celebrations specifically authorized by the Township.

Surface carriers engaged in commerce by railroad.

(h)

The unamplified human voice.

(i)

Periodic outdoor sports or entertainment activities approved by the Township.

Purpose. To set standards for outdoor lighting to:

Provide for and control lighting in outdoor places where public health, safety and welfare are potential concerns;

Protect drivers and pedestrians from the glare of nonvehicular light sources;

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources; and

Promote energy efficient lighting design and operation.

Applicability.

Exemptions. The following lighting applications are exempt from the requirements of this § 27-1009, Subsection 1H:

Lighting for public monuments and statuary.

Underwater lighting in swimming pools and other water features.

Low voltage landscape lighting.

Individual porch lights of a dwelling.

Repairs to existing luminaires not exceeding 25% of the number of total installed luminaires.

Temporary lighting for theatrical, television, performance areas and construction sites.

Temporary lighting and seasonal decorative lighting, provided that individual lamps are less than 10 watts and 70 lumens.

Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency.

Standards.

Illumination Levels. Lighting shall have illuminances, uniformities and glare control in accord with the recommended practices of the Illuminating Engineering Society of North America (IESNA).

Luminaire Design.

Horizontal Surfaces.

Nonhorizontal Surfaces.

Control of Glare.

Barn lights, AKA "dusk-to-dawn lights," when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

The use of floodlights and wall-mounted luminaires ("wall packs") shall not be permitted to illuminate parking areas.

Light Spillover.

Nonresidential. The illumination projected from any property onto a nonresidential use shall at no time exceed 1.0 initial footcandle, measured line-of-sight from any point on the receiving property.

11)

12)

Soft lighting around building exteriors shall not exceed 15 initial footcandles.

13)

Installation.

Electrical feeds for lighting standards shall be run underground, not overhead, and shall be in accord with the National Electrical Code (NEC) Handbook.

Pole-mounted luminaires for lighting horizontal surfaces shall be aimed straight down and poles shall be plumb.

Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved.

Maintenance. Luminaires and ancillary equipment shall be maintained so as to meet the requirements of this chapter.

Internally illuminated signs shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 initial lumens per square foot of sign face per side.

Electronic message signs shall comply with the requirements of § 27-1710.

The illumination of a billboard within 400 feet of a residential use shall not be permitted.

Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.

The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.

Maximum mounting heights for recreational lighting shall be in accordance with the following:

Basketball: 20 feet.

Football: 70 feet.

Soccer: 70 feet.

Lacrosse: 70 feet.

Baseball and softball:

Two-hundred-foot radius: 60 feet.

Three-hundred-foot radius: 70 feet.

Miniature golf: 20 feet (see driving range in § 27-1009, Subsection 1H(4)(a).

Swimming pool aprons: 20 feet.

Tennis: 20 feet.

Track: 20 feet.

All uses not listed: 20 feet.

Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.

Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location.

Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five-foot line-of-sight.

Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.

A narrative describing the measures proposed to achieve minimum off-site disturbance.

Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.

When requested by the Township for conditional uses or special exceptions, the applicant shall also submit a visual impact plan in accord with § 27-1009, Subsection 1H(4)(e).

Plan Notes. The following notes shall appear on the lighting plan:

All exterior lighting, including building-mounted lighting, shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the Township.

Installer shall notify Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.

Violations; Safety Hazards.

If appropriate corrective action has not been effected within 15 days of notification, the Township may take appropriate legal action.

Nonconforming Lighting. A nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this § 27-1009, Subsection 1H, when:

It is deemed by the Zoning Officer to create a safety hazard;

It is replaced, abandoned or relocated;

There is a change in use.

LUMINAIRE, SHIELDED DIRECTIONAL

ARCHITECTURAL LIGHTING

Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental.

FOOTCANDLE

FULL CUTOFF

FULLY SHIELDED

A luminaire with opaque top and sides, capable of emitting light only in the lower photometric hemisphere as installed.

GLARE

Light entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or loss in visual performance and visibility.

LAMP

A generic term for a source of optical radiation, often called a "bulb" or "tube."

LED

Light-emitting diode.

LIGHT FIXTURE

The complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), not including the support assembly (pole or mounting bracket).

LIGHT TRESPASS

Light emitted by a luminaire or installation which is cast beyond the boundaries of the property on which the lighting installation is sited.

[Amended by Ord. No. 2015-101, 4/23/2015]

LIGHTING SYSTEM

On a site, all exterior electric lighting and controls.

LUMEN

As used in the context of this chapter, the light-output rating of a lamp (light bulb).

LUMINAIRE

A fully shielded luminaire with an adjustable mounting device allowing aiming in a direction other than straight downward.

Odors. No emission shall be permitted of odorous gases or other odorous matter, except in full compliance with PA Department of Environmental Protection requirements.

Other Forms of Air Pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted, except in full compliance with PADEP requirements.

Report. The Township may require the applicant to submit a report from a qualified engineer or geologist detailing:

The geologic structure of the area proposed to be disturbed and identifying the probable impacts on groundwater supply and quality.

The potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions.

The use of groundwater and any processes that could result in the depletion of groundwater supplies.

Stormwater Management and Soil Erosion Control.

Stormwater Management. Stormwater management shall be provided in accord with Chapter 23, Stormwater Management, and Chapter 22, Subdivision and Land Development.

Soil Erosion and Sedimentation Control.

Waste Materials.

Describe the specific services to be offered, type of patients and/or residents to be served, and the staff to be employed for this purpose.

Include measures to ensure that lighting and noise is controlled, particularly with respect to loudspeakers or other amplification devices and floodlights.

(16)

Industrial and Manufacturing Traffic. Traffic to an industrial or manufacturing use shall not use a local street through a residential district, except for emergency vehicle access.

(17)

(18)

§ 27-1010 Water Supply and Sewage Disposal.

[Ord. No. 2014-101, 5/1/2014]

Sewage Disposal.

§ 27-1011 Special Conservation Standards.

[Ord. No. 2014-101, 5/1/2014]

All uses permitted by this chapter shall be subject to the following special conservation performance standards. The procedures and standards are as follows:

Agricultural operations, exclusive of buildings, not requiring cultivation.

Outdoor plant nurseries.

Forestry, tree farming and seed production, exclusive of storage and mill structures.

Parks, playgrounds and recreational uses.

Buffers for Streams, Wetlands, Vernal Ponds and Lakes.

Buffers. Buffers for streams, wetlands, vernal ponds and lakes shall be provided in accord with Chapter 23, Stormwater Management.

Wetland Studies.

It shall be the responsibility of each applicant to determine whether land areas proposed for alteration meet the federal or state definition of a wetland prior to submission of development plans.

Wetlands shall be delineated by a qualified professional as determined by the Board of Supervisors.

If no wetlands are present, the applicant shall provide a certified statement to that effect.

The following uses are permitted in an area designated as a flood area, and no others, except as hereinafter provided:

Customary agricultural operations, exclusive of buildings as defined in this chapter.

Outdoor plant nurseries.

Forestry and seed production, excluding storage and mill structures.

Parks, playgrounds and recreational uses.

§ 27-1012 Property Line Buffer Areas.

[Ord. No. 2014-101, 5/1/2014]

Clearing of vegetation shall be limited to those areas of the site needed for proposed and required improvements.

[Amended by Ord. No. 2015-101, 4/23/2015]

§ 27-1013 Traffic Impact Study (TIS).

[Ord. No. 2014-101, 5/1/2014; as amended by Ord. No. 2023-104, 6/7/2023]

Purpose. Traffic impact studies are required for certain activities to enable the Township to assess the effect on the transportation system in and around the Township and to:

Ensure that proposed uses do not adversely affect the transportation network.

Identify any traffic problems associated with site access.

Determine traffic problems on private, Township, county or state roads in the project traffic study area.

Assist in the protection of the safety of the motoring public, air quality, and energy conservation.

Requirements.

Township Roads. If a TIS is required for access to a Township road, the TIS shall be prepared in accord with PennDOT methodology.

§ 27-1014 Short-Term Rentals

[Ord. No. 2023-100, 1/23/2023]