Kingston Township Luzerne County
City Zoning Code
City Zoning Code
PART 3
GENERAL PROVISIONS
§ 301 Abandoned Real Property.
[Ord. 6/11/1975A, Art. III, § 1; as amended by Ord. 86-5, 1/14/1987]
1.
For any public street or alley which is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the center line of the property which is abandoned. In the event abandoned property is not divided at the center line for abutting properties, the zoning districts applicable shall apply to such ownership line as determined by virtue of such abandonment.
2.
For any public property other than streets or alleys, the regulations applicable to the zoning classifications which abuts the abandoned property for the greatest number of lineal feet shall apply to the entire property.
§ 302 Access Control.
[Ord. 6/11/1975A, Art. III, § 3; as amended by Ord. 86-5, 1/14/1987]
In order to promote the safety of motorists and the pedestrian and to minimize traffic congestion and conflict by reducing the magnitude of and the number of points of contact, the following regulations shall apply on local roads:
1.
A point of access, that is, a driveway or other opening for vehicles onto a public street, shall not exceed 25 feet in width, except as otherwise provided in this section.
2.
The maximum number of points of access permitted onto any one street shall be as follows:
Lot Width Abutting Street | Number of Points of Access |
|---|---|
Less than 65 feet | 1 |
65 feet to 200 feet | 2 |
Greater than 200 feet | 2, plus 1 for each additional 200 feet or fraction thereof |
3.
In lieu of any two openings permitted on any one street, there may be permitted a single point of access up to 35 feet in width. However, service stations shall be permitted two openings, not to exceed 35 feet each in width along any abutting public street providing that such property abuts such street for a distance of not less than 120 feet.
4.
There shall be a minimum distance of 12 feet between any two openings onto the same street.
5.
No point of access shall be allowed within 30 feet of the intersection of the right-of-way lines of any public street.
6.
No curbs shall be cut or altered and no point of access or opening for vehicles onto a public street shall be established without a permit issued by Kingston Township Supervisors under the supervision of the Road Superintendent.
§ 303 Accessory Buildings in Residential Districts.
[Ord. 6/11/1975A, Art. III, § 4; as amended by Ord. 1989-4, 6/13/1989, § 16]
No accessory building in residential districts shall be erected in any required court or any yard other than a rear yard, except as provided hereafter. An accessory building may be erected as part of a principal building or if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements of this chapter for a principal building are complied with.
1.
Corner Lots in Agricultural and Residential Districts. On any agricultural or residential district, where a corner lot adjoins in the rear a lot fronting on the side street, no part of any accessory building on such corner lot within 25 feet of the common lot line shall be nearer a side road lot line than the least depth of the front yard required along such side street for a dwelling on such lot, and in no case shall any part of such accessory building be nearer to the side road lot line than the least width of the side yard required for the principal building to which it is accessory.
2.
Setback for Accessory Structures. Part 5, §§ 503, 504, 505, and 506 (uses permitted in residential districts), are made a part hereof by reference made thereto, and they are incorporated herein as though the same were more fully set forth herein to provide applicable setback requirements in all specified residential zoning districts for accessory structures.
[Amended by Ord. No. 2018-4, 12/12/2018]
§ 304 Buildings on Through Lots.
[Ord. 6/11/1975A, Art. III, § 4; as amended by Ord. 86-5, 1/14/1987]
Where a lot extends through from one street to another, the setback requirement for each such street shall apply. On lots having frontage on more than two streets, the minimum front yard shall be provided in accordance with the provisions of this Part on at least two of the street frontages.
§ 305 Churches and Schools.
[Ord. 6/11/1975A, Art. III, § 6; as amended by Ord. 86-5, 1/14/1987]
Public schools shall be subject to the regulations in this chapter set forth in Part 5, § 504.
1.
Private schools, churches and religious institutions shall be permitted in agricultural, single-family residential districts, two-family residential districts, multifamily residential districts, general commercial, and neighborhood commercial districts provided that the following requirements are complied with:
§ 306 Cemeteries, Mausoleums and Crematories.
[Ord. 6/11/1975A, Art. III, § 7; as amended by Ord. 86-5, 1/14/1987]
No premises shall be used or occupied for the purpose of a cemetery, mausoleum or crematory in any district excepting in multifamily residential, single-family residential, and agricultural districts and then only upon approval after public hearing. No land for which a plat has not been recorded shall be used for any burials. The dead shall not be buried or placed closer than 10 feet to any property line.
§ 307 Conversion of Dwellings.
[Ord. 6/11/1975A, Art. III, § 8]
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the Part applying to such district.
§ 308 Excavation of Sand, Gravel, Coal or Other Material.
[Ord. 6/11/1975A, Art. III, § 10; as amended by Ord. 86-5, 1/14/1987]
Excavation of sand, gravel, coal or other material from the surface shall be considered a temporary use, and shall be permitted only in a mining district. The extent of excavations shall not be nearer than 100 feet to any school, church, dwelling or highway. Operations for drilling, blasting and excavating purposes shall not be conducted earlier than 7:00 a.m. nor later than 7:00 p.m. during each day except Sunday. On Sunday, all operations shall cease.
§ 309 Nonconforming Uses.
[Ord. 6/11/1975A, Art. III, § 11; as amended by Ord. 86-5, 1/14/1987; and by Ord. 91-4, 6/12/1991, § 2]
Nothing contained in this chapter shall be deemed or construed to prohibit a continuation of the particular lawful use or uses of any land, building, structure, improvement or premises legally existing in the respective districts at the time this chapter becomes effective; provided, however, that if any such existing lawful uses change to a different use after the date of the adoption of this chapter, such different use shall conform to the provisions of this chapter regulating the particular district in which said premises is situated. If any legally nonconforming use or occupancy of a building or premises conflicts with any requirement of this chapter or any of its amendments, such use shall not be moved, structurally altered or added to except after approval by the Zoning Officer, subject to the requirements of §§ 320, 321 and 322 of this chapter.
All future building, structures, repairs, alterations or other improvements shall comply with all district requirements contained herein, and such structural provisions of the building code and other regulations as have been incorporated herein and made a part hereof, including any building on which construction has been suspended at the time this chapter was adopted and any building for which foundations were not completed at said time.
No nonconforming building or structure shall be extended or enlarged except when authorized by the Zoning Hearing Board who may permit one enlargement or extension up to 25% of the floor area of the structure as it existed at the time of passage of this chapter.
§ 310 Fences.
[Ord. 6/11/1975A, Art. III, § 12]
Except in mobile home parks, industrial, general and neighborhood commercial districts, no fence, wall, or screened structure, excluding plants and shrubbery, over six feet in height shall be built within any required yard.
§ 311 Garbage Disposal.
[Ord. 6/11/1975A, Art. III, § 13; as amended by Ord. 86-5, 1/14/1987]
Sanitary land fill disposal areas may be approved only as a conditional use in accordance with §§ 603 and 604.
§ 312 Group Housing.
[Ord. 6/11/1975A, Art. III, § 14]
Group housing developments, two single or multiple-family dwellings to be constructed on a plot of ground under single ownership of one acre or more, not subdivided into the customary streets and lots and which shall not be so subdivided, may be developed in any multifamily district provided that:
§ 313 Home Occupations.
[Ord. 6/11/1975A, Art. III, § 15; as amended by Ord. 86-5, 1/14/1987; and by Ord. No. 2018-4, 12/12/2018]
Home occupations, including any profession, vocation, business trade, and personal services, may be conducted in any agricultural district. Home occupations, with the exception of commercial stables or kennels and any occupation which customarily requires the use of a panel or delivery truck, may be conducted in a residential district only after approval of the Zoning Hearing Board, which shall hold a public hearing as set forth in Part 7, §§ 703 and 704, of this chapter. The Zoning Hearing Board may then deny or grant approval of such home occupation in accordance with the special exception procedures of this Zoning chapter.
1.
The home occupation shall be conducted within the principal building and only by members of the family residing in the building. Not more than one person shall be employed who is not a resident of the premises.
2.
Not more than 20% of the gross floor area of any dwelling unit may be used for a home occupation, except for medical and dental offices and foster family care, which may use up to 40%.
3.
For the purpose of identification of such use, one nonilluminated wall sign not exceeding four square foot in area may be permitted. Such signs shall identify only the name of the profession and the name of the occupant of the premises and shall be mounted against a wall of the principal building.
4.
No motor power other than electrically operated motors shall be used in conjunction with such home occupation and the total horsepower of such permitted electrical motors shall not exceed three horsepower, or one horsepower for any single motor.
5.
There shall be no alteration in the residential character of the premises in connection with such home occupation unless so authorized by the Zoning Hearing Board.
6.
No merchandise or articles for sale shall be displayed for advertising purposes and no sign or device relative to the sale of such merchandise shall be displayed on the premises.
7.
No article or materials used in connection with such home occupation shall be stored other than in the principal building so used.
8.
Any home occupation as provided for in this section may be reviewed by the Zoning Officer at any time and may revoke permission to continue such home occupation at any time thereafter for failure to comply with this chapter or conditions established under a special exception.
§ 313.1 No-Impact Home-Based Businesses.
[Ord. No. 2018-4, 12/12/2018]
1.
A no-impact home-based business, as so defined in this chapter, shall also be subject to the following requirements:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
F.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
G.
The business may not involve any illegal activity.
2.
A no-impact home-based business shall be permitted in all residential zones of Kingston Township as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, by law or other document applicable to a common interest ownership community.
§ 314 Junkyards.
[Ord. 6/11/1975A, Art. III, § 16; as amended by Ord. 86-5, 1/14/1987]
1.
All junkyards shall be completely screened from view with a solid fence or wall, maintained in good condition, and painted except for masonry construction, or with suitable plantings.
2.
No operations shall be conducted which shall cause a general nuisance or endanger the public health.
3.
All existing junkyards shall comply with these requirements within one year of the date of this chapter or any revision thereto, or shall then terminate their operation.
§ 315 Land Subject to Flooding.
[Ord. 6/11/1975A, Art. III, § 18; as amended by Ord. 86-5, 1/14/1987]
No building shall be moved onto or constructed on land subject to frequent flooding in any zone, nor shall any existing building so located be enlarged, repaired or altered except in accordance with the floodplain regulations, Chapter 8. If there is any question about the frequency or extent of flooding of any property for which a permit has been requested, the Township Floodplain Map shall be consulted.
§ 316 Living Units in Zones Other Than Residential.
[Ord. 6/11/1975A, Art. III, § 19; as amended by Ord. 86-5, 1/14/1987]
Dwellings shall not be permitted in any business or industrial zone as a principal use. However, living units may be established within the principal building in a business or industrial use, provided that such living units within any general commercial or neighborhood commercial district shall have direct access to an abutting street. In the general commercial and neighborhood commercial districts, living units shall be permitted as accessory to the permitted use, and single-family dwellings shall be permitted on existing lots of record including other uses permitted on the same lot as accessory uses. All uses permitted in this section shall be subject to the conditional use procedures in § 601.
§ 317 Minimum Living Area.
[Ord. 6/11/1975A, Art. III, § 20; as amended by Ord. 86-5, 1/14/1987; and by Ord. No. 2018-4, 12/12/2018]
1.
No single- or multiple-family living unit shall be constructed within a total living area of less than 525 square feet; provided, however, that a special exception to the minimum living area requirements shall be granted for the construction of efficiency-type apartments having no separate bedroom, if it is established that the granting of such exception will not adversely affect the interest of the general public or the character of the surrounding neighborhood. Application for any such special exception shall be made to the Zoning Hearing Board, which shall hold a public hearing as set forth in Part 7, §§ 703 and 704, of this chapter.
2.
The Zoning Hearing Board may require the submission of plans in connection with such applications, showing the location and type of construction proposed, and may impose such additional requirements as a condition of the granting of the special exception as it deems reasonable and appropriate. (This section shall not apply to mobile homes meeting all other requirements of this Part.)
§ 318 Mobile Homes, Trailers and Mobile Home or Trailer Parks.
[Ord. 6/11/1975A, Art. III, § 21; as amended by Ord. 86-5, 1/14/1987; and by Ord. 91-13, 12/11/1991]
1.
Notwithstanding any provision contained in this chapter to the contrary, a trailer or mobile home, which is to be used exclusively as a single-family dwelling, shall be permitted to be placed in all zoning districts of the Township of Kingston in which a residential use is permitted hereunder, upon the condition that the placement, siting, erection and/or maintenance of said trailer or mobile home for exclusive use as a single-family dwelling in any such zoning district of the Township of Kingston, which is not designated as a permitted trailer or mobile home park must conform with and be in strict accordance with all of the terms and provisions of all ordinances and codes of the Township of Kingston relating to the use of land and to the construction and maintenance of all improvements upon land, now in force or hereafter to be enacted, as the same may apply generally to conventional single-family dwelling units and specifically to trailers or mobile homes.
2.
A mobile home or trailer may be used temporarily for office purposes during the construction of a principal building or a road, on the issuance of a temporary permit by the Zoning Officer. Such period of use shall not exceed six months, without the approval of the Board.
3.
Except as otherwise provided herein and except for trailers offered for sale on trailer sale lots, the parking of a trailer, trailer coach or mobile home outside of a permitted trailer park in any district for 49 hours or more, shall be prohibited. Small utility trailers are excluded from this provision.
4.
Camping and Recreational Equipment. Any owner of camping and recreational equipment, including but not limited to travel trailers, pick-up coaches, motorized homes and boat trailers may park or store such equipment on private residential property subject to the following conditions:
A.
Such parked or stored camping and recreational equipment shall never be occupied or used for living, sleeping or housekeeping purposes.
B.
If the camping or recreational equipment is parked or stored outside of a building, it shall be parked or stored, if possible to the rear of the front building line of the lot.
§ 319 Moving of Buildings.
[Ord. 6/11/1975A, Art. III, § 22; as amended by Ord. No. 2018-4, 12/12/2018]
Whenever a building is moved from any location to a site within Kingston Township, the building shall immediately be made to comply with all provisions of the UCC Codes, if any, and all other relevant zoning regulations of Kingston Township. The person causing the building to be moved shall first secure a building permit from the Township Zoning Officer.
§ 320 Nonconforming Buildings or Structures.
[Ord. 6/11/1975A, Art. III, § 23; as amended by Ord. 86-5, 1/14/1987]
Any lawful use of any dwelling, building or structure existing at the effective date of this chapter may be continued, even though such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification. Whenever a nonconforming use has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. No nonconforming building or structure shall be extended, or enlarged except when authorized by the Zoning Hearing Board which may permit one enlargement or extension up to 25% of the floor area of the structure as it existed at the time of passage of this chapter.
Whenever the use of a building shall become nonconforming through a change in the Zoning Ordinance or in the district boundaries, such use may be continued, and if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restrictive classification.
A nonconforming use of a building or portion thereof which is hereafter discontinued for a continuous period of six months shall not again be used except in conformity with the regulations of the district in which such building is located.
A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 60% of its reproduction value at the time of damage, shall not be restored except in conformity with the regulations of the district in which it is located. When damage is less than 60% of its reproduction value, a nonconforming building may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are completed within one year of the date of such damage.
Nonconforming mobile homes located on a lot in any district when once removed shall not be relocated on such lot and shall not be replaced with another mobile home.
§ 321 Nonconforming Lot.
[Ord. 6/11/1975A, Art. III, § 24; as amended by Ord. 86-5, 1/14/1987]
1.
Remedies. Where two or more nonconforming lots with continuous frontage are under the same ownership or where a nonconforming lot has a continuous frontage with a larger tract under the same ownership, such lot or lots shall be combined to form one or more building sites meeting the lot requirements of the district in which they are located.
2.
Dwellings on Nonconforming Lots. A building permit may be issued for a single-family dwelling on any nonconforming lot, provided that the remedies set forth in this section cannot be complied with and provided that the regulations of the district in which the lot is located are met.
3.
Nonconforming Uses of Land. The nonconforming use of land not involving any principal building or structure existing on the effective date of this chapter may be continued; provided, however, that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this chapter.
4.
Dwellings on Sub-Standard Lots. The Zoning Officer may issue a building permit for a single-family dwelling for a substandard lot only after the Zoning Hearing Board grants such variances on lot and building requirements, in cases of physical hardship, so as not to create any condition detrimental to the public health, safety, and welfare.
§ 322 Nonconforming Use of Buildings and Structures.
[Ord. 6/11/1975A, Art. III, § 25; as amended by Ord. 86-5, 1/14/1987; and by Ord. 1989-4, 6/13/1989, § 17]
Use of any building or structure not in conformance with these regulations pertaining to uses permitted on the effective date of this chapter may not be:
1.
Applicable to a change to another nonconforming use, except where it is determined by the Zoning Hearing Board that the design, construction, and character of the building is unsuitable for uses permitted in the district in which such nonconforming use is situated. The Zoning Hearing Board shall hold a public hearing, as set forth in Part 7, §§ 703 and 704, of this chapter, in order to determine the question of suitability for uses permitted in the district in which such subject building is located.
[Amended by Ord. No. 2018-4, 12/12/2018]
2.
Reestablished after discontinuance for six months except where it is determined by the Zoning Hearing Board that the design, construction, and character of the building is unsuitable for uses permitted in the district in which such nonconforming use is situated. The Zoning Hearing Board shall hold a public hearing, as set forth in Part 7, § 703, of this chapter, in order to determine the question of suitability for uses permitted in the district in which such building is located.
3.
Extended, enlarged, or expanded unless authorized by the Zoning Hearing Board which may permit one enlargement or extension up to 25% of the floor area of the structure as it existed at the time of passage of this chapter.
§ 323 Nursing Homes.
[Ord. 6/ll/1975A, Art. III, § 26]
Nursing homes shall include convalescent homes, homes for the aged, and such other activities designed to take care of the aged or persons unable to care for themselves without supervision or assistance. Nursing homes only with Zoning Hearing Board approval shall be permitted in any multifamily residential district. Such uses shall comply with all regulations applicable to the district. Such uses shall comply with the off-street parking requirements set forth in this chapter. In addition, such uses shall meet the minimum requirements as set forth by state or federal agencies regulating such activities and shall, upon application, for either building permit or occupancy certificate, provide certificates indicating approval by such state and federal agencies.
§ 324 Obstruction to Vision at Road and/or Driveway Intersections.
[Ord. 6/11/1975A, Art. III, § 27; as amended by Ord. 86-5, 1/14/1987]
In order to minimize accidents caused by obstruction to vision at road and/or driveway intersections, the following regulations shall apply in all districts:
1.
Within the area formed by the rights-of-way lines of intersecting roads and a straight line connecting points on such rights-of-way lines, at a distance of 20 feet from their points of intersection such connecting line extending beyond the points to the curbline there shall be a clear space with no obstruction to vision between the height of 30 inches and a height of 10 feet above the average grade of each road as measured at the center line thereof.
2.
Requirements of this section shall not be deemed to prohibit any necessary retaining wall.
3.
Trees shall be permitted in the clear space provided that foliage is cut away within the prescribed height.
§ 325 Offensive Color, Designs, Smoke, Noise, Etc.
[Ord. 6/11/1975A, Art. III, § 28; as amended by Ord. 86-5, 1/14/1987; and by Ord. No. 2018-4, 12/12/2018]
Nothing shall be allowed on the premises in any district which would in any way be offensive, disturbing, or noxious by reason of the emission of odors, liquids, gas, dust, smoke, vibration or noise. All uses must comply with the requirements of the State DEP.
§ 326 Off-Street Parking and Loading.
[Ord. 6/11/1975A, Art. III, § 29; as amended by Ord. 86-5, 1/14/1987]
In all districts off-street parking facilities shall be provided and properly maintained as set forth in this section for any building which is hereafter erected, enlarged or increased in capacity.
1.
Size and access. Each off-street parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles and be in usable shape and condition, except in the case of single family detached dwellings, no parking area shall contain less than three spaces. There shall be adequate ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be not less than 10 feet in width in the case of a dwelling, and not less than 20 feet in width in all other cases.
Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley. |
2.
Number of Parking Spaces Required. The number of off-street parking spaces required are set forth in the following table. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
Off-Street Parking Space Requirements | ||
|---|---|---|
Uses | Required Parking Spaces | |
Automatic laundry | 1 for each laundry machine | |
Automobile sales and service garage | 1 for each 400 square feet floor area | |
Banks/professional offices | 1 for each 300 square feet floor area | |
Bowling alleys | 4 for each alley | |
Churches, temples, or places of worship, funeral homes, schools, public buildings, theaters, auditoriums, areas and places of assembly, private clubs, community buildings, social halls, and lodges | 1 for each 4 seats of maximum seating capacity in principal assembly area or 1 for each 17 classroom seats, whichever is greater | |
Country clubs, golf clubs, gun clubs, tennis clubs and organizations designed to provide outdoor sporting or recreational activities | 1 for each 5 members | |
Driving ranges and golf courses | 2 for each tee | |
Dwellings – single-family | 2 for each unit | |
Dwellings – multiple | 1 1/2 for each unit | |
Food store, supermarket | 1 for each 200 square feet floor area | |
Funeral homes, mortuaries | 1 for each 4 seats | |
Furniture, appliance stores | 1 for each 200 square feet floor area | |
Hospitals, sanitariums, and nursing homes | 1 for each 2 patient beds | |
Hotels and motels | 1 for each guest room plus 1 for each 3 employees | |
Manufacturing, industrial plant, research laboratory, bottling plants | 1 for each 2 employees on largest shift plus 1 per company vehicle | |
Manufacturing and industrial concerns with retail business on premises | 1 for each 2 employees on largest shift plus 1 for each 150 square feet devoted to sales or service | |
Medical or dental offices | 3 for each doctor or dentist | |
Restaurants, beer parlors, nightclubs | 1 for each 2.5 seats plus 1 for each 3 employees | |
Retail stores and shops | 1 for each 300 square feet floor area | |
Rooming houses, boarding houses, dormitories, fraternities and sororities | 1 for each 2 beds | |
Service station | 2 for each pump | |
Sports arenas, auditoriums, theaters, assembly halls | 1 for each 3.5 seats | |
Trailer or monument sales or auctions | 1 for each 2,500 square feet of lot area | |
Wholesale and warehouse concerns | 1 for each 2 employees, plus 1 for each company vehicle, plus 1 for each 500 square feet of wholesale or retail sales or service | |
3.
Location.
A.
Such parking space as required in this section shall in no part exist upon and no portion of any vehicle shall overhang the right-of-way of any public road, street, alley or walkway. There shall be no off-street parking in the front yards of residential districts except as normally exists in driveways.
B.
The parking spaces for all dwellings shall be located on the same plot as the main building.
C.
Parking spaces for all other uses shall be provided on the same plot with the main building or not more than 300 feet distance, as measured along the nearest pedestrian walkway provided that such parking area is under the same ownership as the principal use. The applicant for a building permit which proposes to use an area for off-street parking in order to meet the requirements of this chapter and in accordance with the provisions of this subsection shall submit evidence of a restrictive covenant running with the land to be used for off-street parking purposes stating that such land shall not be encroached upon, used, sold, leased, or conveyed for any other purpose until such time as the principal building ceases to be required to provide such off-street parking facilities.
D.
Parking requirements for two or more uses of the same or of different types may be provided by the establishment of the required number of spaces for each use in a common parking area provided that all such uses being served by a common parking area are under the same ownership. Accessory uses shall not be required to have additional parking spaces other than those required by the principal use.
4.
Requirements. Any off-street parking lots serving any use other than dwellings of four units per building or less shall meet the following off-street parking lot improvement requirements:
A.
Screening and Landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas shall be screened on each side which joins or faces residential or industrial premises situated in any R District.
B.
Surfacing for all retail sales and services, business services and professional services serving the general public and having access to and abutting a paved street, the off-street parking area shall be provided with a hard surface, all-weather pavement of asphalt or cement and shall be so graded and drained to provide for the adequate runoff and disposal of surface water.
C.
Lighting. Where lighting facilities are provided for the parking area, they shall be designed and installed so as to reflect the light away from any contiguous residentially zoned property.
5.
Off-Street Loading Requirements.
A.
Every hospital, institution, commercial or industrial building or similar use having a floor area of 20,000 square feet or more and requiring receipt or distribution by vehicle of materials or merchandise shall have at least one permanent off-street loading space for each 20,000 square feet of gross floor area or fraction thereof immediately adjacent to the principal building.
B.
Every building which requires the receipt or distribution by vehicles of material or merchandise, shall provide off-street loading berths in accordance with the following tables:
Off-Street Loading Space Requirements | |||
|---|---|---|---|
Uses | Square Feet of Floor Area | Required Off-Street Loading Berths | |
Commercial, wholesale manufacturing and storage | 10,000 to 25,000 | 1 | |
25,000 to 40,000 | 2 | ||
40,000 to 60,000 | 3 | ||
60,000 to 100,000 | 4 | ||
For each additional 50,000 or major fraction thereof | 1 additional | ||
Hospitals (in addition to space for ambulance) | 10,000 to 30,000 | 1 | |
For each additional 300,000 or major fraction thereof | 1 additional | ||
Hotels, offices and multi-dwellings | 10,000 or more | 1 | |
Schools | 15,000 or more | 1 | |
Undertakers and funeral parlors | 5,000 | 1 | |
C.
Every off-street loading and unloading space shall have direct access to the public street or alley and shall have the following minimum dimensions: length, 30 feet; width, 12 feet; height, 14 feet.
§ 327 Overhanging or Extruding Projections.
[Ord. 6/11/1975A, Art. III, § 30; as amended by Ord. 86-5, 1/14/1987]
1.
One Family Residential Districts, Two Family Residential Districts, Multifamily Residential and Mobile Home Districts. Every part of a yard or court shall be open from its lowest point to the sky unobstructed except for the customary projection of sills, belts, courses, cornices, ornamental features, and eaves; provided, however, that none of the above projections shall extend into a yard more than 36 inches. Open or enclosed fire escapes, outside stairways, balconies, chimneys, flues or other projections shall not extend into any yard except that uncovered steps may project not more than three feet into the yard.
§ 328 Parking of Motor Vehicles and Trailers.
[Ord. 6/11/1975A, Art. III, § 31; as amended by Ord. 86-5, 1/14/1987]
All motor vehicles shall, in addition to parking regulation of this chapter, comply with regulations found in Chapter 15, Motor Vehicles.
§ 329 Performance Standards.
[Ord. 6/11/1975A, Art. III, § 32]
These performance standards shall apply to all nonresidential uses,
1.
Smoke, Dust and Dirt. There shall be no emission of visible smoke, dust, dirt, fly ash or any particulate matter from any pipes, vents, or other openings from any other source into the air. All fuels shall be either smokeless in nature or shall be used so as to prevent any emission of visible smoke, fly ash, or cinders into the air.
2.
Fumes, Vapors and Gases. There shall be no emissions of any fumes, vapors or gases of a noxious, toxic or corrosive nature which can cause any damage or irritation to health, animals, vegetation or to any form of property.
3.
Sewerage. There shall be no discharge at any point of liquid or solid waste into any public sewage disposal system which will overload such system or create detrimental effects in the flow and treatment of public sewage. There shall be no discharge of any industrial wastes into any private sewage disposal system, stream, or into the ground of any kind or nature which would contaminate any water supply or otherwise cause emission of dangerous or objectionable elements or conditions. There shall be no accumulation of solid waste conducive to the breeding of rodents or insects.
4.
Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive, obnoxious or unpleasant beyond the property line on which the principal use is located. Any process including the preparation of food which may involve the creation and emission of any such odor shall be provided with a primary and secondary safeguard system so that odor control may be maintained in the event of failure of the primary safeguard system.
5.
Noise. The permitted level of noise or sound emission at the property line of the lot on which the principal use is located shall not at any time exceed the average noise level prevailing for the same hour as generated by streets and traffic activity. The determination of noise level shall be measured with a sound level meter that conforms to specifications published by the American Standards Association.
6.
Glare. There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.
§ 330 Pending Applications for Building Permits.
[Ord. 6/ll/1975A, Art. III, § 33]
Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure, or part thereof, for which official approval and required permits have been granted, or where no approvals or permits are necessary, where construction has been legally started, before the enactment of this chapter and completed within a one-year period.
§ 331 Permitted Building Area.
[Ord. 6/11/1975A, Art. III, § 34]
The principal building on any lot or parcel of land shall be erected within the area bound by the building lines established by setback or yard requirements. Accessory buildings may be erected within any building line established for the principal building and in required rear yards as may be otherwise provided in these regulations.
§ 332 Principal Building on a Lot.
[Ord. 6/11/1975A, Art. III, § 35]
Except mobile home park districts and the group housing projects as provided in these regulations, only one principal building and its customary accessory buildings may hereafter be erected on any lot of record. Any dwelling shall be deemed to be the principal building on the lot on which the same is located. An addition to any building shall not be construed as a principal building.
§ 333 Retaining Walls.
[Ord. 6/11/1975A, Art. III, § 36; as amended by Ord. 86-5, 1/14/1987]
Nothing in these regulations shall be construed to prohibit or to prevent the erection of a retaining wall on any property provided that such retaining wall does not adversely affect the natural flow of surface water or create any other adverse effect upon adjacent or adjoining properties. However, any application for a retaining wall shall be subject to approval of the Zoning Officer before the issuance of a permit.
§ 334 Shopping Centers.
[Ord. 6/11/1975A, Art. III, § 37; as amended by Ord. 86-5, 1/14/1987]
Shopping centers are hereby defined as a group of retail stores or shops on one or more lots under single ownership or management with an area of five acres or more and with a minimum depth of 300 feet established as a shopping entity with common parking facilities, ingress and egress loading and unloading facilities. Shopping centers shall be permitted in any general or neighborhood commercial district and may be developed in accordance with approval of a plat of a subdivision or land development as approved by the Planning Commission. The shopping center shall not be divided into separate lots for each store or use. No permit shall be issued for the construction of shopping centers until the plans and specifications, including the design of ingress and egress roads, parking facilities and other such items as may be found of importance, have been approved by the Planning Commission. No buildings shall be erected closer than 50 feet to any road right-of-way line. There shall be provided a minimum of one parking space for each 200 square feet of floor area designed to be used for business or shopping purposes. Such parking area including maneuvering areas, ingress and egress roads, and driving lanes shall be paved and kept in good repair at all times with a hard all-weather surface. All points of access shall be to a public road; however, there shall be no public roads or alleys within the shopping center property. All loading and unloading shall be done entirely within the shopping center property. Except as otherwise provided in this section all uses within the shopping centers shall conform with other regulations as set forth in this chapter.
§ 335 Rear Dwelling and Easements Required Therewith.
[Ord. 6/11/1975A, Art. III, § 39]
In all districts except the industrial districts, no building in the rear of a principal building on the same lot shall be used for residence purposes unless it conforms to the open space requirements of this chapter, and for the purpose of determining the front yard in such case, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there must be provided for any such rear dwelling an unoccupied and unobstructed accessway not less than 10 feet wide to a road, and there shall not be more than one dwelling housing not more than two families for each such easement, except that a common easement of access at least 40 feet wide may be provided for two or more dwellings housing any number of families.
§ 336 Road Frontage Required.
[Ord. 6/11/1975A, Art. III, § 40]
No lot shall contain any dwelling unless it abuts at least 20 feet on a public street, or unless it conforms to the easement of access required of this Part.
§ 337 Traffic Visibility Across Corner Lots.
[Ord. 6/11/1975A, Art. III, § 41]
On any corner lot in any district, no fence, structure or planting, more than 30 inches high measured from the center of the road, shall be erected or maintained within 20 feet of the "corner" so as not to interfere with traffic visibility across the corner.
§ 338 Certain Building and Land Use Excepted.
[Ord. 6/11/1975A, Art. III, § 42; as amended by Ord. 86-5, 1/14/1987]
1.
Agricultural Uses. Except for compliance with minimum yard requirements, visibility across corner lots, and for the commercial raising of fur-bearing animals, or hog farms, nothing in this chapter shall prohibit the use of any land for agricultural purposes as defined herein, or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, in any agricultural district.
§ 339 Swimming Pools; Private, Community or Club.
[Ord. 6/11/1975A, Art. III, § 43; as amended by Ord. 1980-2, 11/12/1980, §§ 1, 2; and by Ord. 86-5, 1/14/1987]
1.
Private Swimming Pools. A private swimming pool in the ground or permanent installations above the ground, but not including farm ponds, as regulated herein, shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet. No such swimming pool shall be allowed in a B-1, A-1 or any R District except as an accessory use and unless it complies with the following conditions and requirements:
A.
The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located, and their guests, and no fee shall be charged.
B.
It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than 10 feet to any property line of the property on which it is located.
C.
The swimming pool, or the entire property on which it is located, shall be so walled or substantially fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall not be less than four feet above ground level and shall be maintained in good condition and grounded for electricity. All pools shall conform to the Pennsylvania DEP Standards. Said fence or wall shall be installed completely around the perimeter of the pool area and shall entirely surround prior to the pool being filled with water. The penalty for having failed to install a fence or wall as above prescribed before filling the pool with water shall be a fine levied upon the owner at the rate of $100 per day. Inspection by the Zoning Officer shall be made within 48 hours of having been notified by the owner of the completion of all construction with respect to the swimming pool and the enclosure surrounding the perimeter.
[Amended by Ord. No. 2018-4, 12/12/2018]
2.
Community or Club Swimming Pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club solely for use and enjoyment by members of the association or club and their families and guests of members. Community and club swimming pools shall comply with the following conditions and requirements:
A.
The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one 100 feet to any property line of the property on which it is located.
B.
The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The said fence or wall shall not be less than four feet in height and maintained in good condition and grounded for electricity. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees and maintained in good condition.
3.
No owner or possessor of a swimming pool may cause any water from a swimming pool to drain or backwash or to be drained or backwashed directly or indirectly upon the real or personal property of another.
§ 340 Time Limitation.
[Ord. 6/11/1975A, Art. III, § 44]
No zoning permit for construction, erection, or alteration of any building or structure or part thereof, or for signs or outdoor advertisements, or part thereof, shall be valid for more than one year unless work at the site has commenced within such period.
§ 341 Notice of Starting Work.
[Ord. 6/ll/1975A, Art. III, § 45]
The Zoning Officer shall be given at least 24 hours' notice by owner or applicant prior to commencement of work at the site under zoning permits.
§ 342 Existing Lots of Record.
[Ord. 6/11/1975A, Art. VI, § 1]
Any lot of record existing at the effective date of this chapter in any A-1 or R District may be used for the erection of a single-family dwelling, even though its area and width is less than the minimum requirements set forth herein, except as set forth hereafter. Front, side and rear yards shall conform with the requirements of this chapter as closely as possible. Where two adjacent lots of record with less than the required area and width are held by one owner, the request for a permit shall be referred to the Board, which may require that the two lots be combined and used for one main building.
§ 343 Yards.
[Ord. 6/11/1975A, Art. VI, § 2]
1.
Front Yards: Residence Districts, Through Lots. In any R District, where a lot runs through a block from street to street, a front yard as required by this chapter shall be provided along each street lot line.
2.
Projections into Yards and Courts. A wall or fence six feet in height or under, or higher if a retaining wall, may be erected within the limits of any yard not extending beyond the front setback line. Any wall or fence in the front yard, not including a retaining wall, shall be limited to 30 inches in height.
Patios may not be located closer than 10 feet to any adjacent property line. | |
Architectural Projections. Chimneys, leaders, cornices, eaves, gutters and bay windows, and the like, may extend not more than 24 inches into any required yard. |
3.
Accessory Structures. Attached accessory structures, which are attached to the principal buildings, shall comply with all yard requirements for a principal structure.
[Amended by Ord. No. 2018-4, 12/12/2018]
A.
Unattached accessory structures in A-1 and R Districts may be erected within a rear yard, provided they conform with the following:
§ 344 Day-Care Facilities.
[Ord. 90-8, 10/10/1990, § 2]
1.
Family day-care homes and group day-care homes may locate by right in any residential district subject to the standards in that particular district for a single family residence and the following additional safeguards, whichever is more restrictive:
A.
Day-care facilities must hold an approved Pennsylvania Department of Public Welfare registration certificate or license, as appropriate, and meet all current Department of Public Welfare regulations including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes.
B.
Parking. In addition to the particular district's parking requirements, there shall be one additional off-street parking space provided for each nonresident employee and one safe passenger unloading space measuring at least 10 feet by 20 feet.
C.
Fencing. The requisite outdoor play area shall be surrounded by a safety fence.
D.
Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
E.
Sign. Any sign shall comply with standards governing signs for home occupations. See § 313 of this chapter.
F.
When day-care is provided in a home, the amount of floor area devoted to such purposes shall not exceed 30% of the total floor area of the dwelling and there shall be no change to the exterior of the building for the purpose of accommodating the day-care use.
G.
All day-care homes and facilities shall be fully protected by smoke detectors and fire extinguishers.
2.
Day-care centers may locate by special exception, in any district, except C1 Conservation District, subject to the regulations of that zoning district for single family residence and the following additional standards, whichever is more restrictive:
A.
Parking. There shall be one off-street space provided for each employee and one safe passenger unloading space measuring 10 feet by 20 feet, for each 10 children that the facility is licensed to accommodate.
B.
Off-Premises Play Area. When an off-premises outdoor area is utilized, it must be located within 800 feet and be safety accessible without crossing at grade any arterial street or other hazardous area.
C.
Fence. The outdoor play area required by state licensing shall be surrounded by a safety fence.
D.
Play Area Setback. No portion of the outside play area shall be less then 100 feet from an existing occupied dwelling.
E.
Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
G.
Concentration. No day-care center shall be established within 500 feet from another day-care center or private nursery or kindergarten.
H.
Lot Size. The minimum site or lot area shall be one acre. When centralized water and sewerage systems are not available, the minimum lot size shall be increased as necessary to meet the DEP Chapter 73, Standards for Onlot Sewage Treatment Facilities (25 Pa. Code § 73.17).
[Amended by Ord. No. 2018-4, 12/12/2018]
The minimum site or lot area shall be determined by the following table when centralized water and sewage service is provided: |
License Capacity (children) | Minimum Lot Size (square feet) |
|---|---|
7 to 10 | 8,000 |
11 to 15 | 10,000 |
16 to 20 | 15,000 |
21 to 25 | 20,000 |
26 to 30 | 25,000 |
31 to 40 | 35,000 |
41 to 50 | 40,000 |
51 and above | 40,000 plus 500 square feet for additional child, i.e., 52 children equals 41,000 square feet |
I.
Soundproofing. When co-located in a building employing noisy operations, the municipality may require sound proofing of the day-care facility to protect the children.
J.
Day-care centers must hold an approved Pennsylvania Department of Public Welfare license as appropriate, and meet all current Department of Public Welfare regulations including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building fire safety codes.
K.
All day-care facilities shall be fully protected by smoke detectors and fire extinguishers.
§ 345 Private Nurseries and Kindergartens.
[Ord. 90-8, 10/10/1990, § 2]
The private nursery or kindergarten shall be permitted to locate by special exception in any zoning district, except C1 Conservation District, if it complies with all zoning regulations governing day-care centers (see § 344) with the exception of licensing by the Department of Public Welfare, and the following additional safeguards:
1.
The operator possesses a valid license issued by the Pennsylvania Department of Education's State Board of Private Academic Schools.
2.
Other Regulations. The private nursery or kindergarten must also meet any applicable state and municipal building and fire safety codes.
3.
Municipal officials reserve the right to make periodic inspections to ensure continued compliance with all state and municipal requirements.
4.
All facilities shall be fully protected by smoke detectors and fire extinguishers.
§ 346 Bed-and-breakfast Establishments.
[Ord. 90-8, 10/10/1990, § 2]
1.
Bed-and-breakfast homestay may locate in any Single Family (R-1) or Two Family (R-2) Residential District as a home occupation subject to all home occupation regulations as set forth in this chapter and the following additional requirements, whichever is more restrictive.
A.
Sleeping accommodations shall be located only within an owner-occupied dwelling and shall be limited to one or rooms with a total size not to exceed 20%, or 500 square feet of the dwelling, whichever is less.
B.
Not more than one family or four unrelated guests may be accommodated at any one time. The length of stay per guest shall be limited to seven days per thirty-day period.
C.
One off-street parking space shall be provided for each two guests of the bed-and-breakfast establishment, provided that, in no case shall the total number of parking spaces on the lot exceed four.
D.
Meals for compensation shall be provided only to guests of the bed-and-breakfast establishment and shall be limited to breakfast.
E.
No more than one bed-and-breakfast establishment is permitted per lot. No bed-and-breakfast establishment may be located within 500 feet of an existing bed-and-breakfast establishment, to be measured from the closest distance between lot lines of the properties accommodating said bed-and-breakfast establishments.
2.
Bed-and-breakfast inn may locate in any commercial district subject to all regulations in that district as set forth in this chapter.
§ 347 Public and Semipublic Uses.
[Ord. 94-9, 6/8/1994, § 2]
1.
2.
In granting a conditional use, the Board of Supervisors may order such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary.
§ 348 Regulations Governing Communications Antennas and Communications Equipment Buildings.
[Ord. 6/11/1975A, Art II; as added by Ord. 2000-3, 4/12/2000, § 348]
1.
Where possible a communications antenna shall be attached to an existing structure or building.
2.
An antenna may not be located on a building or structure that is listed on a historic register, or is in a historic district.
3.
Building mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
4.
Building mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by not more than 20 feet.
5.
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
6.
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
7.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
8.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the Structure for review by the Code Enforcement Officer for compliance with the Township building code and other applicable law.
9.
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
10.
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
11.
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township.
12.
All communications equipment shall be enclosed within an existing building, or an addition to the existing structure, unless the site is vacant, then the Communications Equipment Building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
13.
A landscape buffer shall be planted in accordance with § 601, Subsection 2W, and vehicle access and parking access to the building shall not interfere with the parking of vehicular circulation on the lot of the principal use.
[Amended by Ord. No. 2018-4, 12/12/2018]
14.
The communications tower site shall be fully automated and unattended on a daily basis, unless emergency conditions prevail. Two reserved off-street paved parking spaces shall be required upon a communications tower site.
15.
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
16.
Any security fence shall be a minimum of eight feet tall with, as a minimum, the lower six feet being visually opaque. The fence is to be constructed of wood, decorative masonry or appropriate iron elements designed to minimize the visual impact of the fence on the surrounding landscape. The following materials will not be permitted: fences made of mesh or chain link as well as vinyl. Barbed or security wire will not be permitted nor will electrified fences of any type. Security fences constructed of common cast masonry units will not be permitted, unless the fence matches the predominant finish of the equipment building. Decorative, split, ground or textured face, cast masonry unit fences may be permitted.
17.
All fences must be actively maintained throughout the life of the facility.
18.
A sign not to exceed 12 inches by 16 inches in size will be securely attached to the fence at any entrance and two other sides of the communication tower site. This sign shall provide the following information in a legible typeface and size:
19.
The signs must be maintained, secured and legible and must be updated when any of the information becomes obsolete.
20.
The location of the signs shall be delineated on the site landscape plan.
21.
The owner, applicant or his designee of the communications tower shall submit on an annual basis verification of all current FCC license(s) to that location, the name, address and emergency telephone number for the operator of all communication antennae, and certificate of insurance as provided at the initial application.
§ 349 Wind Energy Facilities.
[Ord. 2010-8, 10/13/2010]
1. APPLICANT FACILITY OWNER OPERATOR HUB HEIGHT OCCUPIED BUILDING TURBINE HEIGHT WIND ENERGY FACILITY WIND TURBINE ESSENTIAL SERVICES
Definitions. The following definitions shall apply to this Section:
The person or entity filing an application for a permit under this Section.
The entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.
The entity responsible for the day-to-day operation and maintenance of the wind energy facility.
The distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
A residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
An electric generation facility whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. The term does not include a stand-alone wind turbine constructed primarily for on-site residential or farm use.
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower and pad turbine, if any.
The erection, construction, alternation or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas and wind energy facilities. Essential services also include public service buildings, such as police emergency medical and transfer responders and fire facilities.
2.
Applicability.
B.
This Section applies to all wind energy facilities proposed to be constructed after the effective date of this Section, except that this Section is not intended to apply to stand-alone wind turbines constructed primarily for residential or farm use.
C.
Wind energy facilities constructed prior to the effective date of this Section shall not be required to meet the requirements of this Section, provided that any physical modification to an existing wind energy facility that materially alters the size, type and number of wind turbines or other equipment shall require a permit under this Section.
3.
Conditional use.
A.
In all M-1 (Mining Districts) and A-1 (Agricultural Districts), a wind energy facility shall be considered a conditional use. Such conditional use is to be granted only upon the approval of an application for a permit, together with all conditions stated therein.
B.
All applications for conditional use are to be submitted to the Township Zoning Officer, together with the payment of all prevailing conditional use application fees.
C.
An application for the use, operation or maintenance of a wind energy facility is to be submitted to the Township Zoning Officer, together with the payment of all prevailing permit fees.
4.
Regulations governing wind energy facilities as Conditional Uses. Where wind energy facilities are provided for by conditional use, the following specific standards and regulations shall apply and the same shall be specifically addressed in any application for a permit. Design and installation regulations.
A.
Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and regulations adopted by the Department of Labor and Industry.
B.
Design Safety Certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Engines, or other similar certifying organizations.
C.
Controls and Brakes. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulations shall not be considered a sufficient braking system for overspeed protection.
D.
Electrical Components. All electrical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, and relevant and applicable international standards. The maximum turbine power output shall be limited to 10 kilowatts.
E.
Environmental and Visual Appearance; Power Lines.
(1)
Wind turbines shall be a nonobtrusive color such as white, off-white or gray.
(2)
Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(3)
Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator.
(4)
On-site transmission and power lines between wind turbines shall be placed underground.
(5)
Where wind characteristics permit, wind turbine shall be set back from the tops of visually prominent ridgelines to minimize the visual contrast from any public access.
(6)
Wind turbines shall be designed and located to minimize adverse visual impacts from neighboring residential areas to the greatest extent feasible.
F.
Warnings To Public.
(1)
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(2)
Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
H.
Occupied Buildings Setbacks.
(1)
Wind turbines shall be set back from the nearest occupied building a distance no less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
(2)
Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
I.
Property Lines Setback. All wind turbines shall be set back from the nearest property line a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
J.
Public Roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
K.
Wetlands. All wind turbines shall be set back from the nearest wetlands a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located at 1.1 times the turbine height, whichever is greater.
L.
Streams, Lakes, Ponds, Rivers and Creeks. All wind turbines shall be set back from the nearest stream, lake, pond, river and creek a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1,500 feet from said body of water, whichever is greater.
M.
Waiver of Setbacks. Upon request, the governing body may grant partial waivers of setback requirements hereunder where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, and provided that such waiver will not be contrary to the public interest. The governing body may take into consideration the support or opposition of adjacent property owners in granting waivers of setback requirements hereunder.
N.
Use of Public Roads.
(1)
The applicant shall identify all state and local public roads to be used within the Township of Kingston to transport equipment and parts for construction, operation or maintenance of the wind energy facility.
(2)
The Kingston Township Engineer or a qualified third party engineer hired by the Township and paid for by the applicant shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.
(3)
The Township may require the bonding of the road in compliance with state regulations.
(4)
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
(5)
The applicant shall demonstrate that it has appropriate liquid financial resources to ensure the prompt repair of damaged roads. A financial statement of the applicant must be produced at the time of application for the permit.
O.
Local Emergency Services. The applicant shall provide a copy of the project summary and site plan to local emergency services, including Police Department, Fire Companies and emergency medical responders. Upon request, the applicant shall cooperate with all police, fire, and emergency service providers to develop and coordinate implementation of an emergency response plan for the wind energy facility.
P.
Noise and Shadow Flicker. Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 — 1989, titled Procedures for the Measurement and Reporting of Acoustic Emissions from wind turbine Generation Systems Volume I: First Tier. The municipality may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, and provided that such waiver will not be contrary to the public interest. The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property. The governing body may take into consideration the support or opposition of adjacent property owners on granting waivers of noise and shadow flicker restrictions.
Q.
Signal Interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm cause by the wind energy facility.
R.
Liability Insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in aggregate. Certificates shall be made available to the Township upon request.
S.
Maximum Turbine Height. The maximum turbine height, as so defined herein, shall not exceed 350 feet.
T.
Inspection Reports. The owner of the wind energy facility shall have it inspected each year for structural and operational integrity by a licensed professional engineer and shall submit a copy of the inspection report to the Township Manager no later than December 31 of each year. If such report recommends that repairs or maintenance are to be conducted, the owner shall provide the Township Manager with a written schedule for the repairs or maintenance and certify the completion thereof.
5.
Decommissioning.
A.
The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.
B.
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.
C.
Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored.
D.
An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to savage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.
E.
The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or Federal or Commonwealth chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the Commonwealth and is approved by the Township.
F.
Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.
G.
If the facility owner or operator fails to complete decommissioning within the period prescribed herein, then the landowner shall have six months to complete decommissioning.
H.
If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed herein, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan.
I.
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.
6.
Public Inquiries and Complaints.
A.
The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
B.
The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.
7.
Remedies.
A.
It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of this Section, or any permit issued under this Section, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of this Section or any permit issued under this Section.
B.
If the Township determines that a violation of this Section or the permit has occurred, the Township shall provide written notice to any person, firm, or corporation alleged to be in violation of this Section or permit. If the alleged violation does not pose an immediate threat to public health or safety, the Township and the parties shall engage in good-faith negotiations to resolve the alleged violation. Such negotiations shall be conducted within 30 days of the notice of violation. If a violation constitutes an immediate risk of harm to person or property and is detrimental to the health, safety, and welfare of the residents of the Township of Kingston, appropriate legal action can be taken to cause the violation to be abated or remedied immediately.
C.
If, after 30 days from the date of the notice of violation, the Township determines, in its discretion, that the parties have not resolved the alleged violation, the Township may institute civil enforcement proceedings or any other remedy at law or in equity to ensure compliance, as provided for in the Zoning Ordinance of the Township of Kingston.
§ 350 Small-Scale Windmills.
[Ord. 2010-7, 10/13/2010]
1.
Small-scale windmills for the purpose of serving residential or commercial buildings on site shall be permitted as an accessory use in Agricultural, Residential and Commercial Districts.
2.
The structure and all appurtenances of the small-scale windmill shall be subject to site plan approval by the Kingston Township Planning Commission. The site plan shall be drawn to an appropriate scale and shall provide construction details and show the location of all existing public roads, existing structures, utility lines and all structures, facilities and power lines to be constructed on the site, as well as identifying adjoining property owners, and the location of any structures on adjoining properties within 100 feet of the common property lines.
3.
Small-scale windmill facilities, including but not limited to towers, shall be of safe and secure construction to be approved by the Planning Commission, and they shall be subject to any requirements of the Uniform Construction Code, manufacturer's recommendations and stamped and signed plans by a professional engineer certified by Commonwealth of Pennsylvania.
[Amended by Ord. No. 2018-4, 12/12/2018]
4.
Towers shall be located at least 50 feet from all property lines. Other facilities must follow generally applicable setbacks within the particular zoning district in which the site of the facilities are to be constructed and maintained.
5.
Towers shall be no more than 35 feet in height from the elevation of the ground at the base of the tower, before the placement of fill, to the top of the blade.
6.
No more than two towers shall be located upon a property or serve a single commercial or residential structure.
7.
The property owner must consume at least 2/3 of the power generated by the windmills in his or her or their home or business located on site. The property owner receiving site plan approval shall annually provide a verified report of any electricity generated and all electricity sold from the windmills. Failure to provide an annual report within 60 days of the end of each calendar year shall result in the termination of the authorization to maintain the windmill and subject the property owner to an order for immediate removal of the tower.
8.
The property owner shall construct and maintain the windmill and tower in a safe manner so as not to present a danger to neighbors or to present an unsightly appearance. The property owner receiving site plan approval shall annually provide a verified report of a qualified contractor certifying as to the structural integrity of the tower and windmill assembly. Failure to provide an annual report within 60 days of the end of each calendar year shall result in the termination of the authorization to maintain the windmill and subject the property owner to an order for immediate removal of the tower.