Kelly Township City Zoning Code
PART 5
SUPPLEMENTARY LOT REGULATIONS
§ 27-500 Purpose.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
The provisions of this Part represent standards and regulations that shall be applied to all uses in addition to those established for the applicable zoning district. These regulations are to be used either in common within all zoning districts or are to be applied to specific situations as may be otherwise stated throughout the chapter.
§ 27-501 General Lot Requirements.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; and by Ord. No. 41, 4/1/2014]
1.
No yard or lot existing at the time of the adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
2.
No part of a yard, or other open space, or off-street parking area or loading space required in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building, except as may be authorized herein.
3.
Every principal building hereinafter erected shall be located on a lot as defined. There shall not be more than one principal building and its accessory structures on one lot, except in the case of multifamily housing developments, mobile home parks, or other land development approved pursuant to the requirements of Chapter 22, Subdivision and Land Development, of the Township Code. Supplemental and/or alternate energy systems such as wind and solar power shall be permitted as an accessory to a permitted use in all districts subject to the system not generating more than 110% of the energy demand of the principal use, no tower, pole, monopole, turbine or smoke stack shall exceed 100 feet in height and said structure shall be set back from all property lines and existing structures, other than the owners a distance of 150% its height. All other applicable yard, density and height regulations shall apply.
4.
The minimum lot width of any lot shall be measured along the minimum building setback line as required for that district. Lots located on cul-de-sac turn-arounds or curves in the road or lots of unusual shape may have lot widths of less than those required provided that the average of the front and rear lot line is equal to or greater than the required lot width. In no case, however, shall the front lot line have a width of less than 75 feet.
5.
No portion of a lot included in a street right-of-way shall be included in calculating the lot's area.
§ 27-502 Yard Requirements.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Projections.
A.
Chimneys, fireplace flues, cornices, eaves, gutters, uncovered steps, bay windows, or other architectural features may project into any required yard, but not more than 36 inches. Such projections may also be no closer than five feet to any property line.
B.
Porches, patios, decks and attached carports, whether enclosed or unenclosed, shall be considered part of the main building and shall not project into any required yard.
2.
Front Yards.
A.
Front yard setbacks shall be as set forth in Part 3, the District Regulations, and shall be measured from either the center line of the adjoining street or from the edge of the adjoining street right-of-way, as provided in Part 3, the District Regulations. Where a lot has no road frontage or in the case of a "flag" lot, the front yard requirement shall be 25 feet and such setback shall be measured from the edge of the front property line, or from the edge of the lot line opposite the rear lot line, respectively.
B.
Accessory buildings or structures may not be erected within any required front yard, except as provided herein.
C.
When an unimproved lot is situated between two improved lots, each having a principal building which extends into the required front yard, the front yard of such unimproved lot may be the same depth as the average of the two adjacent improved lots.
D.
Where an addition is proposed for an existing principal building which extends into the required front yard, the addition may be authorized by the Zoning Officer so long as the addition extends no further into the required front yard than the existing structure.
E.
Off-street parking and loading areas may be located within a required front yard, but only as provided herein, in Part 3, the District Regulations.
F.
Signs may be erected within a required front yard in accordance with the requirements set forth herein.
3.
Side Yards.
A.
On a corner lot, the yards abutting the street shall be considered front yard and the remaining yards shall be considered side yards.
B.
Accessory buildings or structures may not be erected or located within a required side yard, except as may be provided in Part 3, the District Regulations.
§ 27-503 Height Regulations.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Height regulations shall not apply to spires, belfries, cupolas, penthouses (not used for human occupancy), nor to chimneys, ventilators, skylights, utility poles, solar collectors or related equipment, and ornamental or other necessary mechanical appurtenances normally associated with homes, churches and similar establishments. Such appurtenances shall however be erected only to such height as is necessary to accomplish their intended purpose.
2.
Height regulations shall also not apply for agricultural or industrial structures such as barns, silos, grain elevators, storage tanks or similar types of structures generally erected to heights exceeding the maximum limits established in Part 3, the District Regulations, for these zones.
3.
Notwithstanding any of the exceptions outlined above, the location and height of all structures shall be in accordance with all applicable rules, regulations, standards and criteria of the U.S. Department of Transportation, Federal Aviation Administration and other appropriate governmental agencies.
§ 27-504 Miscellaneous Provisions.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; and by Ord. No. 72, 9/7/2021]
1.
Two or More Principal Uses in the Same Building. When two or more principal uses occupy the same building (not including home occupations as defined herein), sufficient parking spaces, lot area, open space, etc., shall be provided so that the standards pertaining to each use will be met in full, unless provided otherwise in this chapter or authorized as part of a land development approved pursuant to the requirements of Chapter 22, Subdivision and Land Development, of the Code of Kelly Township.
2.
Reserved for Future Use.
3.
Accessory Buildings or Structures. An accessory building(s) or structure(s) may be maintained in conjunction with any permitted principal use provided that the following criteria are met:
A.
Accessory buildings or structures shall be setback in accordance with the yard requirements established in Part 3, the District Regulations.
B.
No manufactured housing or mobile home units may be used as accessory buildings or structures. Accessory storage trailers may however be permitted in the Commercial Highway Manufacturing District and Agricultural District as set forth herein.
C.
Accessory Residential Ground Mount Solar. Unattached ground mount accessory solar energy systems accessory to a residential use of no more than four residential units shall be located in rear and side yards and shall be at least 15 feet from all side and rear property lines, with a maximum height of eight feet.
D.
All Other Accessory Ground Mount Solar. Unattached ground mount accessory solar energy systems, other than those set forth in § 27-504, Subsection 3C, shall comply with the following:
(1)
Glare.
(a)
All solar photovoltaic cells shall be treated with an anti-reflecting coating in accordance with the highest industry standards.
(b)
The system shall be placed such that concentrated solar radiation or glare does not project onto nearby structures, roadways or beyond the boundaries of the land upon which it is located.
(2)
The layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), or other similar certifying organizations, and shall comply with the PA Uniform Construction Code as adopted by the Township, with all other applicable fire and life safety requirements and with all applicable statutes, ordinances, rules and regulations. The layout, design and installation shall be subject to review and approval of the Township, the costs of said review and approval to be paid by applicant.
(3)
The underground placement of on-site transmission lines and plumbing lines shall be utilized whenever possible consistent with the standard industry practices.
(4)
No portion shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment provided they comply with the prevailing sign regulations.[1]
(5)
No trees or landscaping required by state, federal of Township statutes, laws, ordinances, rules or regulations or as provided in the approval of any plan, application or permit may be removed, except upon approval of the Township and then only for reasons of safety or public welfare.
(6)
The owner and/or operator shall maintain a phone number and address of a person responsible for the public to contact with inquiries and complaints throughout the life of the project and provide this number, address and name to the Township, the same to be updated when changed. The owner and/or operator shall make reasonable efforts to respond to the public's inquiries and complaints no later than three days after the inquiry or complaint was filed.
(7)
Owners shall maintain all panels, structures and equipment and shall repair or replace any damaged or visibly degraded components. Components shall be replaced in kind, or with equivalent parts or materials, consistent with the original design and manufacturer's specifications and shall be completed within 60 days of the mailing of a notice by the Township of the need to make repairs or replacement. Said notice to be mailed by First Class Mail to the said responsible person provided for herein.
(8)
A Contingency Plan of Emergency Procedures shall be developed by the facility owner consistent with standard operating practices of the industry. The plan shall be submitted to the fire department servicing the area where the facility is located for its review and approval. A copy of the plan along with the written approval of the fire department shall be submitted to the Township with the application. The same shall be reviewed and updated, if necessary, every five years.
(9)
Decommissioning.
(a)
The owner is required to notify the Township immediately upon cessation or abandonment of the operation. After the start of operations of the facility, the facility shall be presumed to be discontinued or abandoned if no electricity is generated by such system for a period of six continuous months or repairs or replacements are not completed as herein provided.
(b)
The owner shall then have six months in which to dismantle and remove the facility including all solar-related equipment or appurtenances related thereto, including but not limited to buildings, cabling, electrical components, roads, foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the facility within the established time frames, the municipality may complete the decommissioning at the owner's expense. The Board of Supervisors may authorize one six month extension for just cause shown by the owner. Provided, however, that the building and road are not required to be removed if the owner can demonstrate, to the satisfaction of the Township, that the same can be repurposed and such repurposing is in compliance with all Township ordinances.
(10)
Prior to the issuance of a zoning permit, applicants must acknowledge in writing that the issuing of said permit shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: a) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property, except as is otherwise agreed to in writing with any landowner of the said adjoining or other property; or b) the right to prohibit the development on or growth of any trees or vegetation on such property, except as is otherwise agreed to in writing with any landowner of the said adjoining or other property.
(11)
The owner shall comply with the Township subdivision and land development requirements. The installation and operation of the system shall be in compliance with all applicable statutes, ordinances, permit requirements, codes and regulations.
(12)
The area upon which the system is located shall not exceed 40% of the lot or tract not otherwise utilized for structures, driveways, parking lots or other uses and shall be in compliance with all other provisions of Township ordinances.
(13)
No facilities shall be located in the front yard and shall comply with the rear and side yard requirements for the zoning district in which it is located.
(14)
In all cases, there shall be a minimum distance of 30 feet between the boundary line of the lot or tract upon which the facility is located and any component of the facility, which shall include the required fencing and screening.
(15)
Ground mounted facilities shall not exceed 10 feet in height as measured vertically from the top of the component and the ground below the component.
(16)
Impervious Coverage.
(a)
The area beneath the ground mounted facilities is considered pervious cover. However, use of impervious construction materials under the system shall be considered impervious and subject to the impervious surfaces limitations provided for in the applicable zoning district, statutes, ordinances, rules and regulations and if the impervious surface exceeds the permitted impervious area, the owner shall comply with the said statutes, ordinances, rules and regulations.
(b)
The following components shall be considered impervious coverage and calculated as part of the impervious coverage limitations for the proposed project:
1)
Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
2)
All mechanical equipment including any structure for batteries or storage cells. For zoning purposes only, the solar modules themselves, however, are not included as impervious cover.
3)
Gravel or paved access roads servicing the facility.
(17)
Owners are required to follow the current PA DEP Guidelines for Solar Collectors as a best management practice for stormwater management.
(18)
Screening. Screening shall be installed on the exterior of the fencing required herein, subject to the following provisions:
(a)
Screening shall consist of evergreen trees and shrubs;
(b)
Screening shall be installed on the exterior of said fencing:
(c)
The trees or shrubs shall be a minimum of eight feet in height and of sufficient size and placed in such location as to visibly obscure the fence within three years of planting. The said trees or shrubs shall be replaced as needed to comply with this provision.
(d)
A screening plan shall be submitted with the application for a land development plan.
(19)
In Agricultural Zoning Districts, no more than 20% of the entire area for development shall consist of Class I and Class II prime agricultural soils as defined by the then current version of the NRCS Custom Soil Resource Report.
(20)
Ground mounted facilities shall not be placed within any legal easement or right-of-way location or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed or natural stormwater conveyance system.
(21)
Security.
(a)
All ground mounted facilities shall be completely enclosed by an eight foot high fence and all gates shall have locks.
(b)
A clearly visible warning sign shall be placed at the base of all pad-mounted transformers and substations and on each side of the area utilized for facilities outside the required screening. The said sign shall be two feet by two feet in size, informing individuals of potential voltage hazards.
(22)
Access.
(a)
An access road, in compliance with the Township regulations on driveways, must be provided from a state or Township roadway into the site.
(b)
Service roads within the area of the facility, at a minimum of 16 feet width, shall be provided to allow access for maintenance vehicles and emergency management vehicles including fire apparatus and emergency vehicles to all areas within the facility.
(23)
The facilities shall not be artificially lighted except in compliance with all applicable federal, state, or local statutes, ordinances, rules and regulations, the primary purpose of said lighting being for safety purposes.
(24)
If a ground mounted facility is removed, the same shall be in accordance with all applicable federal, state and Township statutes, ordinances, statutes, rules and regulations.
(25)
The owner shall execute an agreement with the Township authorizing the Township, its employees, agents and contractors to enter upon the real estate for the purpose of making inspections, repairs, replacements, dismantling and/or removal as provided herein, the same to include a release of liability for any damages caused by the Township, its employees, agents or contractors and an indemnification of the Township, its employees, agents or contractors. The said agreement shall be prepared by the Township at the owner's expense and shall be submitted with the application for a permit signed by said owner.
(26)
The applicant for a zoning permit shall execute an agreement with the Township providing financial security in an amount equal to 110% of the estimated cost to decommission the facility. The estimated cost shall be prepared by an engineer and shall be in writing itemizing the costs. The estimated costs shall be subject to the approval of the Township. The financial security shall be: 1) funds deposited with the Township; 2) a bond from an entity acceptable to the Township; or 3) an irrevocable letter of credit from an entity acceptable to the Township. The agreement and financial security shall remain in effect until the facility is decommissioned and the land restored to its original condition.
(a)
The financial security may be utilized by the Township to pay the costs of repair, replacement, dismantling, removal and/or restoration of the facility or the land as provided herein.
(b)
Every five years, a new estimate of the said costs, prepared by an engineer, shall be submitted to the Township in writing by the owner. The said estimate shall be subject to the approval of the Township. The said financial security shall be adjusted to equal 110% of the said estimated costs.
(c)
In the event the Township utilizes the said financial security as herein provided, the owner shall, immediately, replace the funds so utilized to the extent necessary to provide financial security in the amount of the said 110%.
(d)
The Township shall be entitled to an administrative fee of 10% of the cost of any work done by it pursuant hereto. The same may be deducted from the financial security.
(e)
Should the financial security not be sufficient to pay the costs and the fee, the owner shall be liable for the costs and fees not paid from the financial security, the same may be collected as permitted by law, including the filing of a municipal claim.
(f)
The agreement referred to herein shall be prepared by the Township.
(g)
All costs, expenses and fees incurred by the Township in preparing the agreement, reviewing the estimates or enforcing the said agreement shall be paid by the owner within 10 days of receiving a bill for the same.
E.
Small Cottages. Notwithstanding anything herein to the contrary, unattached small cottages shall be considered accessory to a residential use and shall be located only upon a lot where the occupiers of the principal residential use is related to the occupant(s) of the small cottage by blood, marriage or adoption. Said small cottages shall be located in rear and side yards, with a maximum height of 20 feet.
4.
Fences and Walls.
A.
No fence or wall exceeding six feet in height shall be erected within any of the yards required by this chapter, except in the Commercial Highway Manufacturing District, or Institutional District where security fences may be up to 10 feet in height. In addition there shall be no height limitation for agricultural fences. (See also § 27-504, Subsection 4C, below.)
B.
Fences or walls not exceeding six feet in height may be permitted to be located within any of the required yards, but shall be setback at least five feet from all property lines and from the edge of any adjoining street, road, or alley right-of-way. (There shall be no setback requirement for pasture fences.) Where however, there is written mutual consent between adjoining property owners, a fence or wall may be placed on a property line. A copy of such written, mutual consent shall be submitted to the Township along with the application for placement of the fence or wall. (See also § 27-504, Subsection 4C, below.)
C.
In no case shall a fence or wall be erected which could cause danger to traffic on a street or road (whether public or private) by obscuring a driver's view or which does not comply with the clear sight triangle requirements contained herein below.
D.
Fences having only one finished side shall be installed so that the finished side faces out or away from the subject property.
E.
All fences to be placed in an identified floodplain area shall meet the floodplain management regulations set forth in this chapter.
5.
Obstructions to Vision at Street or Driveway Intersections.
A.
No fence, wall, sign or other structure shall be erected or altered and no hedge, shrub, tree, or other growth shall be maintained which may cause danger to traffic on a street or road by obscuring a driver's view at a street or driveway intersection.
B.
At all street and/or driveway intersections, no obstruction or planting measuring higher than 30 inches or hanging lower than 10 feet above road grade shall be permitted within the clear sight triangle. A clear sight triangle shall be defined as that area of unobstructed vision at street intersections formed by lines of sight between points which are a specified distance from the intersection of the street center lines. These distances shall be as specified in Chapter 22, Subdivision and Land Development, of the Code of Kelly Township. In no event, however, shall the clear sight triangle for the intersection of two streets be less than 75 feet. For the intersection of a street and a driveway, the minimum distance shall be not less than 25 feet.
6.
Maximum Building Coverage. The percentage of land covered by principal and accessory buildings or structures on each lot shall not be greater than is permitted in Part 3, the District Regulations, for the district in which the lot is located.
7.
Maximum Impervious Surface. The percentage of the lot covered by impervious surfaces, i.e., buildings, asphalt, concrete or similar materials, shall not be greater than is permitted in Part 3, the District Regulations, for the district in which the lot is located.
8.
Erosion and Sedimentation Control. All erosion and sedimentation control requirements set forth in Chapter 22, Subdivision and Land Development, of the Code of Kelly Township and the Department of Environmental Protection's, Title 25, Chapter 102, "Erosion Control," as may hereafter be amended, shall be met to the satisfaction of the Township Zoning Officer before the issuance of a zoning permit.
9.
Drainage and Stormwater Management. All drainage and/or stormwater management standards set forth in Chapter 22, Subdivision and Land Development, of the Code of Kelly Township and Act 1978-167, the PA Storm Water Management Act,[2] shall be met to the satisfaction of the Township Zoning Officer before the issuance of a zoning permit.
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
10.
Outdoor Lighting on Private Premises. All outdoor flood lighting and spot lighting on private premises shall be mounted and shielded to effectively eliminate direct glare on adjacent properties or on public streets. Provided, however, that light generated by the said lighting shall not exceed 0.2 footcandles at ground level at every lot line.
§ 27-505 Buffer Yards.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006; Ord. No. 3, 5/1/2007; and by Ord. No. 21, 10/6/2009]
1.
Where a commercial or industrial use (commenced after the effective date of this chapter) abuts a residential district or residential use, a buffer yard meeting the following dimensional requirements shall be provided. In the Commercial-Neighborhood District, the buffer yard shall be at least 20 feet in width, in the Commercial Highway Manufacturing District, 60 feet in width. Such buffer yard shall be a part of the commercial or industrial installation and shall be maintained by that property owner.
2.
Where any use abuts a perennial or annual stream or similar body of water, a buffer yard shall be required. The yard shall be measured from the nearest edge of the stream or similar body of water. The size of the buffer shall be in accordance with all applicable local, state or federal ordinances, laws, statutes, rules and regulations but in no event less than 50 feet.
3.
Buffer yards required for residential uses shall be not less than 15 feet, unless provided otherwise in this chapter.
4.
All buffer yards shall be planted and maintained with vegetative material, such as grass, sod, shrubs, or other evergreens. Where required within buffer yards, screening shall be accomplished in accordance with the provisions of this chapter.
5.
A buffer yard may be considered as part of the required yard space.
6.
No structure or storage of materials shall be permitted in a required yard; however, access drives and utilities may cross such yards, unless otherwise provided in this chapter.
7.
Where any use abuts a delineated wetland area a buffer yard shall be required. The yard shall be measured from the nearest edge of the wetlands. The size of the buffer shall be in accordance with all applicable local, state, and federal ordinances, laws, statutes and regulations but in no event less than 25 feet.
§ 27-506 Screen Planting.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Plant or vegetative materials, including shrubs or evergreens, used in screen planting shall be of such species as will produce, in two years, a complete visual screen six feet in height and of such density as is necessary to achieve the intended purpose.
2.
Screen planting shall be maintained permanently by the lot owner, and any plant material which does not live shall be replaced within one year.
3.
Screen planting shall be placed so that, at maturity, it will be no closer than three feet to any street right-of-way line or property line.
4.
A clear sight triangle shall be maintained at all street intersections and where driveways or private accessways intersect public streets.
5.
Screen planting shall be broken only at points of vehicular or pedestrian access or utility easements.
§ 27-507 On-Lot, Unenclosed Storage.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
The outdoor or unenclosed storage of materials, vehicles, equipment or other items of personal property may be permitted as an accessory use on any lot, in any zoning district in the Township, but shall be subject to the following standards.
A.
Such storage shall be located on a lot occupied by the owner of the material, vehicle, etc.
B.
On-lot storage shall not occupy more than 400 square feet of any one parcel of land in any zoning district, except for products being used in the performance of agricultural activities.
C.
Such storage shall not constitute a nuisance nor create a safety hazard.
D.
No such storage shall be permitted in a front yard and shall be situated so as to meet the applicable side and rear yard setback requirements of the district in which it is located.
E.
No part of a street right-of-way, sidewalk or other area intended or designated for pedestrian use shall be used for such storage.
F.
No on-lot storage shall be permitted in a Floodway District.
§ 27-508 Outside Display or Sale of Merchandise or Products.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
For the purposes of this chapter, outside display or sale of merchandise or products may only be authorized as accessory to an approved, principal use in the Commercial Highway Manufacturing District and shall be subject to the following standards.
A.
Such displays shall not create a nuisance nor create a safety hazard.
B.
All such displays shall be situated so as to meet the applicable side and rear yard setback requirements of the district in which it is located.
C.
No part of a street right-of-way, sidewalk or other area intended or designated for pedestrian use, and no required parking area shall be used for such display.
D.
No display areas shall be placed in a clear sight triangle nor shall they obstruct the area of a clear sight triangle.
E.
In no case shall the display cause the lot to become a junkyard nor shall such accumulation become an independent commercial operation.
F.
No perpetual outside displays or sales shall be permitted, except where such display is a necessary part of an approved, principal use.
§ 27-509 Accessory Storage Trailers.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
For the purposes of this chapter, an "accessory storage trailer" shall be defined as that part of a tractor trailer truck which is pulled by the tractor, but which has been detached from the tractor, placed on a lot with a principal use, and is being used or is being proposed for use for storage purposes. The following standards shall be applied to such uses.
A.
Storage trailers may only be permitted as accessory uses in the Commercial Highway Manufacturing and Agricultural District. Such units must be used for storage purposes and all unused or vacant units must be removed from the site.
B.
Where such units are to be permanent, the suspension system under the trailer shall be removed and the unit shall be placed on a foundation or shall be otherwise affixed to the ground. Where such unit is to be used for agricultural purposes however, wheels may be left on the unit as a means of facilitating its use for such activities.
C.
No accessory storage trailers shall be permitted in the Floodway District. When located in any other designated floodplain area, all such units shall be floodproofed in accordance with the standards set forth in this chapter.
D.
No more than two such units may be permitted to be located on a single tract of ground, unless approved by the Board of Supervisors.
E.
Permitted storage trailers, whether temporary or permanent, must meet all applicable setback requirements for the district in which they are located and shall be situated on the site so as to be as inconspicuous as possible.
§ 27-511 Dangerous Structures.
[Ord. No. 1-70, 5/1/1968; as amended by Ord. No. 06-06, 6/6/2006]
1.
Any building or structure, primary or accessory, which has deteriorated to the state where it is dangerous and/or unsafe for the use as intended, constitutes a fire hazard, endangers surrounding buildings, endangers the occupants or users, endangers the safety of others in the area, shelters or harbors rats or vermin, shall be repaired, altered, or removed to eliminate the dangerous condition. Upon removal of the building or structure the site shall be cleared of all associated debris and graded to match the surrounding area. Such action shall commence within 45 days of the receipt by the owner of notification of said condition by the Zoning Officer and shall be completed within 90 days of receipt of said notification.
2.
Should the building or structure be rendered unsafe, or dangerous as stated above by an act of God or other uncontrollable means, other than neglect of maintenance, the owner/owners shall have a period of 90 days from the date of the occurrence to commence repairs and/or removal of such building or structure and shall complete the same within 140 days of the occurrence.
3.
If a hardship should exist that may prohibit the repair or removal an extension of time may be granted by the Township Supervisors after the owner/owners provide information as proof of the hardship to the Supervisors.