Mount Pleasant Township Washington County
City Zoning Code
City Zoning Code
ARTICLE VII
Supplemental Regulations
§ 200-701 Applicability.
The supplementary regulations in this article supplement the requirements governing each zoning district and shall apply to all uses in all zoning districts.
§ 200-702 Performance standards.
The following standards shall apply to all permitted uses and conditional uses in all zoning districts. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board of Supervisors or Zoning Hearing Board may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.
A.
Environmental performance standards. All properties shall be subject to the following environmental performance standards.
(1)
Floodplains. All areas identified as flood-prone by the Federal Insurance Administration of the Department of Housing and Urban Development shall be subject to the regulations of Chapter 97, Floodplain Management, as now or hereafter amended.
(2)
Steep slopes. Steep slopes in excess of 25% may be disturbed by grading, alteration or removal of vegetation only if a geotechnical report prepared by a civil engineer registered in the Commonwealth of Pennsylvania with experience in geotechnical engineering is submitted that indicates the following:
(a)
The finished slopes after excavating or grading will be stable and will not create hazards for adjoining property from erosion, sedimentation or stormwater runoff.
(b)
The foundations of any structures proposed to be erected in any natural steep slope areas or any steep slope areas which have been disturbed will be structurally sound, including recommendations for special foundation design, if warranted.
(c)
Restoration of all slopes from which cover has been removed shall be finished and seeded within a reasonable time after such clearance activity. The phrase "a reasonable time" shall mean within 30 days after grading and/or construction activities are completed, unless those activities are completed between November 1 and April 1. In such cases, the required seeding or sodding shall occur by May. In all cases, erosion and sedimentation control measures shall be maintained on the site until replacement cover can be accomplished.
(3)
Areas with adverse subsurface conditions.
(a)
On sites where there is a history of adverse subsurface conditions or where available soils information or other geotechnical data indicates the potential for landslides, subsidence or other subsurface hazards, a geotechnical report by a qualified registered professional engineer shall be submitted regarding soil and subsurface conditions and the probable measures needed, if any, to be considered in the design of the development and its infrastructure, the location of structures and the design of foundations.
(b)
The geotechnical report shall provide, at a minimum, the following information. Any site-specific issues identified by the applicant's geotechnical engineer, not specifically listed below, shall be addressed in the geotechnical study:
[1]
Foundation bearing materials and associated settlement.
[2]
Fill embankment base preparations, support, maximum allowable slope, suitable borrow material and compaction requirements.
[3]
Maximum allowable slope and stability of cut slopes.
[4]
Coal mining below the site, mine location and amount of cover and measures to prevent mine subsidence, if required.
[5]
Presence and control of groundwater.
[6]
Identification of potentially expansive carbonaceous materials or slag to be encountered in excavations and measures to prevent their detrimental effects.
[7]
Delineation of on-site fill materials and their impact on site development.
[8]
All areas where public infrastructure is proposed.
(c)
Geotechnical engineering reports shall be signed and sealed by a professional engineer registered in the Commonwealth of Pennsylvania.
(d)
The Township Engineer may require that the geotechnical engineering report and site development drawings be reviewed by a separate geotechnical engineering consultant selected by the Township. The applicant required to submit the report shall be required to pay for the cost of the independent consultant review.
(4)
Debris. All operations shall be conducted in such a manner to minimize the accumulation of debris, pools of water or other liquids, contaminated soil, weeds, brush or other waste materials and shall be in accordance with the best management practices incident to the operations in urban/suburban/rural areas. All equipment used shall be constructed and operated so that dirt, dust, debris or other harmful or annoying effects are minimized by the operations carried on at these facilities to avoid injury to or annoyance to persons living in the vicinity. All applicants shall regularly monitor the site and adjacent properties for cleanliness and will remove debris and trash generated at the facility. When and if any construction activity or operation becomes inactive or abandoned for more than one month, the owner and/or operator shall immediately clean the site of all accumulated debris and trash, and complete the restoration of the site.
B.
Noise. The ambient noise level of any operation, other than those exempted in Subsection B(4) below, shall not exceed the decibel levels prescribed. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, ambient noise level is the average decibel level recorded during observations taken in accordance with the procedure specified below taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.
(1)
Averaging may be done by instrument analysis in accordance with American National Standard S. 13-1971, or may be done manually as follows:
(a)
Observe a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
(b)
Repeat the observations as many times as necessary to determine that there are decibels between the lowest low indication and the highest high indication.
(c)
Calculate the arithmetical average of the observed central tendency indications.
(2)
No operation or activity shall cause or create noise in excess of the sound levels prescribed below:
(a)
Residential districts. At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA.
(b)
Business districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA.
(3)
Where two or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
(4)
The following uses or activities shall be exempted from the noise regulations:
(a)
Customary and usual farming activities in all zoning classifications.
(b)
Noises emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m.
(c)
Noises caused by safety signals, warning devices and other emergency-related activities or uses.
(d)
Noises emanating from public recreational uses between 7:00 a.m. and 10:00 p.m.
(5)
In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
C.
Vibrations. Except for vibrations emanating from construction or maintenance activities between 7:00 a.m. and 9:00 p.m., vibrations detectable without instruments on neighboring property in any district shall be prohibited.
D.
Glare. Lighting devices which produce objectionable direct or reflected glare greater than one footcandle on adjoining properties or public streets shall not be permitted.
E.
Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-suppression equipment and by such safety devices as are normally used in the handling of any such material.
F.
Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
G.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
H.
Air pollution. No pollution by air by fly ash, dust, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property, or which can cause excessive soiling.
I.
Erosion. No erosion, by water, shall be permitted which will carry objectionable substances onto neighboring properties.
J.
Water pollution. Pollution of water shall be subject to the requirements and regulations established by the State Environmental Quality Board.
K.
Determination of compliance with performance standards. During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the application.
L.
Continuing enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 200-1202 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
§ 200-703 Screening and landscaping.
A.
Buffer areas described. Buffer areas, as defined by this chapter and required by § 200-703B, shall meet all of the following criteria:
(1)
Buffer Area A shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The depth of Buffer Area A shall be 25 feet as measured from the property line. (See illustration in Appendix B.[1])
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Buffer Area B shall contain one row of plantings which shall consist of a mixture of 30% deciduous and 70% evergreen spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The depth of Buffer Area B shall be 15 feet as measured from the property line. (See illustration in Appendix B.)
(3)
Buffer Area C shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature which are a minimum of six feet in height at the time of planting. The depth of Buffer Area C shall be 10 feet as measured from the property line. (See illustration in Appendix B.)
(4)
None of the required plantings shall encroach across any property line. All plantings shall be located a minimum of 2 1/2 feet from the property line which constitutes the exterior boundary of the buffer area.
(5)
In the event that existing vegetation and/or existing topography provides screening which is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the Board of Supervisors, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Board of Supervisors to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
(6)
In the event that a public street right-of-way, dedicated and accepted by the Township, separates the two dissimilar uses specified, the buffer area shall not be required, provided that the width of the right-of-way equals or exceeds the width of the required buffer area and one row of low level plantings or a landscaped earthen mound is provided on the property to screen headlights from view.
(7)
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 200-704D of this chapter.
(8)
No structures or uses shall be permitted in the required buffer area, other than active or passive recreation facilities and stormwater management facilities, provided that the structures or uses do not interfere with the required plantings in the buffer area and provided that all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.
B.
Buffer areas required. Buffer areas A, B, and C listed in § 200-703A above are required under the following circumstances:
(1)
Buffer Area A. Buffer Area A shall be required:
(a)
Along all property lines where any development in the B-1 District adjoins property in an A-1, R-L, R-H or MU Zoning District.
(b)
Where the express standards and criteria for a conditional use in § 200-504 et seq. of this chapter specify that Buffer Area A is required.
(c)
Along all property lines where a planned residential development (PRD) which contains townhouses or garden apartments adjoins property in an A-1, R-L, R-H or MU Zoning District.
(2)
Buffer Area B. Buffer Area B shall be required:
(a)
Where the express standards and criteria for a conditional use in § 200-504 et seq. of this chapter specify that Buffer Area B is required.
(b)
Along all property lines where a planned residential development (PRD) which contains single-family and two-family dwellings adjoins property in an A-1, R-L, R-H or MU Zoning District.
(3)
Buffer Area C. Buffer Area C shall be required:
(a)
Where the express standards and criteria for a conditional use in § 200-504 et seq. of this chapter specify that Buffer Area C is required.
(b)
On developed properties in the B-1 District where existing conditions such as building location and existing paving of the parking lot make it impossible to meet the requirements for Buffer Area B along a property line which adjoins property in the A-1, R-L, R-H or MU Zoning District.
(c)
Along all property lines in the R-H or MU District where townhouses and garden apartments adjoin R-H or MU zoned property containing a single-family dwelling or two-family dwelling.
C.
Conflict between buffer areas and yard requirements. When the width of a required buffer area is in conflict with the minimum yard requirements set forth by this chapter, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
D.
Existing structure in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided that the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area, as determined by § 200-703B, shall apply on all other sides of the existing structure.
E.
Existing trees in buffer areas.
(1)
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
(2)
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
F.
Size of trees in required buffer areas.
(1)
Any existing trees within the required buffer area which are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
(2)
All trees required to be planted within the buffer area shall be a minimum of two inches in diameter at a point one foot above the ground measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting measured from the ground adjacent to the planted tree to the top of the tree.
G.
Responsibility for maintenance. It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
H.
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
I.
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding must occur within two weeks of April 1.
J.
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1)
Planting required in buffer areas as outlined in § 200-703B cannot be substituted for any required planting mandated in this section.
(2)
A landscaping plan, with detailed drawings, must be submitted prior to building permit application and this landscaping plan must contain and show the following information:
(a)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub) drawn to scale and identifying the height and width of any proposed mounds.
(b)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.) drawn to scale.
(d)
Any existing trees or vegetation which will be removed, accurately identifying their relative location.
(3)
At least one deciduous tree must be planted for each 1,000 square feet of lot area occupied by the building footprint in conjunction with any nonresidential development.
(4)
At least one deciduous tree must be planted for each dwelling unit in conjunction with any multifamily development.
(5)
All trees which are required to be planted as per the regulations of this section shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.
(6)
In conjunction with the development of property for any use, the applicant shall show that the removal of any trees or natural vegetation is necessary for the imminent and orderly development of the property. Imminent development shall be considered to be development which is reasonably expected to commence, and for which there are realistic plans to commence, on a minimum eight hours per day, 40 hours per week basis (utilizing a five-day-on, two-day-off, standard-workweek basis) within 30 days of the removal of trees or vegetation and for which a land development plan and landscaping plan have been submitted and approved by the Township.
(7)
Any existing trees which are not disturbed and are not located within a required buffer area and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the buffer area.
(8)
Whenever an open parking area abuts a public street, a planting strip, at least five feet in depth, planted and maintained with shrubbery, trees or other landscape or decorative materials, shall be installed across the entire frontage of the property in order to prohibit vehicle access, except at approved ingress and egress points.
(9)
All areas not utilized for structures, driveways, planting strips or parking facilities must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in § 200-703I of this chapter.
K.
Posting of bond for landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of two years from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
§ 200-704 Special yard requirements.
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:
A.
Corner lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards.
C.
Accessory structures:
(1)
Swimming pools.
(a)
Swimming pools accessory to a dwelling shall meet the following requirements:
[1]
The pool shall be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
[2]
The pool and any accessory walks, paved areas and structures shall be located no closer than 20 feet to any property line of the property on which it is located.
[3]
The swimming pool area, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties, said fence or wall to be not less than four feet in height and maintained in good condition.
(b)
Community or club swimming pools constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families, shall comply with the following conditions and requirements:
[1]
The pool shall be used solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
[2]
The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which it is located.
[3]
The swimming pool and all of the area by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. Said fence or wall shall not be less than six feet in height and maintained in good condition. 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.
(2)
Other accessory structures.
(a)
In the A-1 District, storage structures and other accessory structures, including detached garages, may be located in the minimum required front, side or rear yards, provided that they are at least 10 feet from any property line.
(b)
Storage structures accessory to a single-family dwelling which have a total floor area of 180 square feet or less shall be located at least five feet from the rear property line and shall be located at least 10 feet from a side property line, but shall not be located in any front yard. All storage structures accessory to a dwelling which have a total floor area of more than 180 square feet and all detached garages shall not be located in the minimum required front yard, minimum required rear yard or minimum required side yards.
(c)
Storage structures and other accessory structures in the B-1 District shall be located at least 20 feet from the side or rear property lines and shall not be located in any required front yard.
D.
Visibility at intersections. No object, including, without limitation, fences, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet as measured from the lowest elevation of the center line of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required on a corner lot. The required clear sight triangle on a corner lot shall be determined as follows: The street lines abutting the corner lot shall form the legs of the clear sight triangle. Each of the legs shall extend a distance of 30 feet from the point of intersection of the street lines abutting the corner lot. The hypotenuse of the clear sight triangle shall be formed by drawing a straight line joining the legs at their farthest point from the vertex of the triangle. (See illustration in Appendix A.[2])
[2]
Editor's Note: Appendix A is included at the end of this chapter.
§ 200-705 Permitted projections into required yards.
The following shall be permitted to project into any required yard in any zoning district as follows:
A.
Typical architectural features, including, but not limited to, bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.
B.
Decks and their stairs and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into required front and side yards no more than three feet and shall be no closer to the rear property line than 20 feet.
C.
Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than 36 inches.
§ 200-706 Height exceptions.
The height limitations of this chapter shall not apply to the following structures: church spires, chimneys, elevator bulk heads and other mechanical equipment which is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures, and other structures not intended for human habitation which do not exceed the height limitations of the zoning district by more than 15 feet.
§ 200-707 Drive-through facilities.
All businesses which propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:
A.
The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
B.
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in one lane, with a total length of 100 feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets, or berms.
C.
Entrances, exits and standing spaces shall be adequately indicated with pavements markings and/or directional signs.
D.
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
§ 200-708 Temporary construction trailers, model homes or sales offices.
Temporary construction trailers, model homes or sales offices shall be permitted in any zoning district subject to the following conditions:
A.
Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit or under Township approval to install public improvements. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements in a plan of subdivision. In the event that construction is phased, the temporary construction trailer shall be moved from the completed phase to the next phase when 90% of the required improvements in the completed phase have been installed as determined by the Township Engineer.
B.
Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase.
C.
A permit for the temporary structure or use shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six months.
D.
Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjoining residential use.
E.
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use, whatsoever.
F.
No combustible materials shall be stored in temporary construction trailers.
G.
Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line adjoining residential use.
H.
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use, whatsoever, during the time they are approved as a temporary use or structure in accordance with the provisions of this section.
I.
Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
§ 200-709 Agriculture.
Agriculture, as defined herein, greenhouses, boarding stables, private stables and kennels, where authorized by this chapter, shall be subject to the following requirements:
A.
Storage of manure shall be located at least 200 feet from any property line.
B.
All kennels and buildings used for the sheltering, raising or feeding of livestock and poultry shall be located at least 85 feet from any street line or property line or 300 feet from any adjacent landowner's dwelling, whichever is greater.
C.
Concentrated animal operations shall be subject to compliance with the PA Nutrient Management Act (3 Pa.C.S.A. § 501 et seq.).
D.
Greenhouse heating plants shall be at least 100 feet from any property line. The retail sales area for a greenhouse shall not exceed 1,000 square feet for every 10 acres of land farmed. The growing area shall not be considered sales area.
E.
The minimum lot area for keeping horses shall be five acres. The maximum number of horses kept shall be no more than one horse per acre on properties of at least five acres, but less than 10 acres. On properties of 10 acres or more, the maximum number of horses kept shall be two horses per acre.
F.
All grazing and pasture areas shall be adequately fenced.
§ 200-710 Storage.
A.
Outdoor storage in the commercial district.
(1)
Except for nurseries, garden supply, building supply, custom crafting and similar businesses which require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply, custom crafting and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or dense, compact evergreen hedge which is at least six feet in height.
(2)
In the B-1 District, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location which screens the storage area from public view from the street. If existing buildings do not screen the storage area from public view from the street, the area shall be screened by a dense, compact evergreen hedge or opaque fence at least six feet in height.
(3)
All organic rubbish and discarded materials shall be contained in tight, vermin-proof containers which shall be screened from public view by an opaque fence or dense, compact evergreen hedge which is at least six feet in height.
B.
Storage of travel trailers and mobile homes. The parking and storage of travel trailers, mobile homes, motor homes, campers and similar recreational vehicles shall be prohibited within the right-of-way of any public street. At no time shall such parked or stored vehicle be occupied or used as a dwelling.
C.
Storage of commercial and construction equipment. Commercial and construction equipment or vehicles, including without limitation trucks of one-ton capacity or greater, tractors of 40 horsepower or larger, tandems, tractor-trailers, cargo-moving equipment and construction equipment or vehicles, shall not be stored or parked temporarily or permanently in any R-L, R-H or MU Zoning District, except within a completely enclosed building.
§ 200-711 Americans with Disabilities Act (ADA) compliance.
When required, all new construction and additions or enlargements of existing structures or facilities shall comply with the most recent regulations for accessibility as specified in the Americans with Disabilities Act (ADA).
§ 200-712 Mobile homes on individual lots.
A mobile home which is proposed to be used as a single-family dwelling and is to be erected on an individual lot of record outside a mobile home park shall meet the following requirements:
A.
The lot shall meet all applicable requirements for a single-family dwelling in the zoning district in which it is proposed to be located.
B.
The mobile home shall meet the specifications for manufacture of mobile homes as set forth in the United States Standards Institute, "Standards for Mobile Homes," USA Standard A119.1-1969, NFPA No. 501B-1968, and any subsequent modification or amendment of such standards.
C.
The mobile home shall bear the seal of the United States Department of Housing and Urban Development (HUD).
D.
The mobile home shall be installed upon, and securely fastened to, a frost-free foundation or footer, and, in no event, shall it be erected on jacks, loose blocks or other temporary materials.
E.
An enclosure of compatible design and material shall be erected around the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
F.
The mobile home shall be connected to public water and a public sewer system, if available. If not, the owner shall provide a potable water supply from his own, or an adjacent well, and shall provide an on-lot sewage disposal system that shall meet the standards of the Pennsylvania Department of Environmental Protection (DEP).
G.
Prior to occupancy, the mobile home shall be connected to available utilities in order to provide the dwelling unit with adequate heat and light.
H.
Any garage, utility shed or other outbuilding constructed on the lot shall conform with the standards applicable to such accessory structures provided in this chapter.
§ 200-713 On-site sales accessory to farm and greenhouses.
In the A-1 and B-1 Zoning Districts, greenhouses and retail sales of agricultural products accessory to a farm shall be permitted, subject to the following regulations:
A.
All sales shall be conducted on the premises of a farm or greenhouse, as defined and regulated by this chapter.
B.
At least 50% of the gross sales shall be from products raised, grown or produced on the farm or in the greenhouse. Products not produced on the farm or in the greenhouse shall be an incidental part of the business. Farm-related equipment and supplies may be sold as incidental items to the business.
C.
All permanent structures shall comply with the yard requirements for principal structures in the A-1 District.
D.
Seasonal roadside stands may be located no closer than 15 feet to any street right-of-way or property line, provided they are removed at the end of each growing season.
E.
Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of sales floor area for every 10 acres of land farmed. No building used for agricultural products shall exceed 5,000 square feet of sales area.
G.
Off-street parking for seasonal roadside stands shall be designed in accordance with § 200-802; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
H.
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 200-803 for retail businesses; however, in no case shall less than 10 spaces be provided.
I.
Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.
J.
One nonilluminated freestanding sign shall be permitted to announce the agricultural sales, provided that the maximum surface area of the sign shall not exceed 24 square feet, the height of the sign shall not exceed eight feet and the sign shall be located no closer than 10 feet to any property line or street right-of-way.
§ 200-714 No-impact home-based business.
No-impact home-based businesses, as defined herein, shall comply with the following:
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.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
G.
The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
I.
The business shall not involve any illegal activity.
§ 200-715 Forestry.
Forestry, as defined herein, shall be conducted in accordance with the following provisions:
A.
All operations shall be located at least 300 feet from any existing dwelling.
B.
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m.; provided, further, that such operations shall not take place during any hours on Sundays or legal bank holidays.
C.
Routes to be used by the hauling trucks shall be approved by the Township and the operator shall demonstrate that there shall be no negative impact on Township streets from the proposed operation.
D.
A performance bond shall be posted in favor of and in an amount required by the Township to guarantee restoration of Township streets used as hauling routes.
E.
The applicant shall submit a copy of the state permit for hauling on state roads.
F.
The operator shall be responsible for cleaning dirt and debris from public streets daily during the operation.
G.
The applicant shall supply the Township with the name of an on-site contact person.
H.
Compliance with state laws.
(1)
The applicant shall show compliance with the following laws and regulations of the commonwealth and all necessary permits shall be maintained during the operation:
(a)
Erosion and sedimentation control regulations contained in Chapter 102, issued pursuant to the Pennsylvania Clean Streams Law (35 P.S. § 691.1 et seq.).
(b)
Stream crossing and wetlands protection regulations contained in Chapter 105, issued pursuant to the Pennsylvania Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(c)
Stormwater management plans and regulations issued pursuant to the Pennsylvania Storm Water Management Act (32 P.S. § 680.1 et seq.).
I.
A logging plan prepared and sealed by a registered surveyor shall be submitted which shows at a minimum:
(1)
The design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;
(2)
The design, construction and maintenance of water control measures and structures such as culverts, broad based dips, filter strips and water;
(3)
The design, construction and maintenance of stream and wetland crossings, if any; the general boundaries of the proposed operation in relation to Township and state streets, including any accesses to those streets;
(4)
The site location, including boundaries of the property and boundaries of the proposed harvest area;
(5)
Significant topographic features;
(6)
The location of all earth-disturbance activities such as roads, landings and water control measures and structures;
(7)
The location of all crossings of the waters of the commonwealth.
J.
Felling or skidding on or across any public street is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation (PennDOT), whichever is responsible for maintenance of the street.
K.
No tops of trees or debris shall be left within 25 feet of any private street providing access to adjoining residential property or any public street.
L.
No tops of trees or debris shall be left on any adjoining property or across any property line without the consent of the adjoining owner.
M.
Upon completion of the forestry operation, haul roads shall be restored to their original condition.
§ 200-716 Seasonal residence.
A.
Seasonal residences shall not be occupied for more than six months in a calendar year. Each seasonal residence shall have a minimum floor area of at least 400 square feet. Seasonal residences shall comply with the area and bulk regulations of the A-1 District applicable to single-family dwellings.
B.
The owner of the seasonal residence shall submit the recreational cabin affidavit required to determine applicability of the provisions of the Uniform Construction Code (UCC) to the proposed use.
§ 200-717 Agribusiness.
In the A-1 District, agribusiness shall be subject to the following requirements:
A.
The minimum site required shall be 10 acres.
B.
The agribusiness shall be supplementary to the principal use of the property for agriculture.
C.
The operator of the agribusiness shall be a member of the family of the operator of the farm and shall be a resident of the farm.
D.
The agribusiness shall be conducted from one or more accessory farm structures unless the nature of the activity is that it is usually performed outdoors.
E.
The maximum floor area in all structures devoted to the agribusiness shall be 5,000 square feet.
F.
Excluding seasonal workers, no more than five persons who are not residents on the farm shall be employed in the agribusiness.
G.
If customers or clients routinely visit the agribusiness, a minimum of five parking spaces shall be provided adjacent to the farm structure in which the agribusiness is conducted. The parking spaces and driveway leading to them from the public street shall be improved with gravel, slag or other aggregate material.
H.
Bed-and-breakfast, commercial recreation, low-impact on-site sales accessory to a farm and tourism shall not be considered agribusinesses and shall only be authorized in accordance with the express standards and criteria for those specific uses.
I.
The annual income derived from the agribusiness shall not exceed the annual income derived from the agricultural operations on the farm.
§ 200-718 Short-term rentals.
A.
The household must be the permanent address of the owner or lessee and the owner or lessee must occupy the household for at least six months of the calendar year. The owner or lessee shall register as a short-term rental with Mount Pleasant Township.
B.
An owner or lessee of the household may provide short-term rentals up to six times in one calendar year, whereas the maximum total number of days short-term rental activity shall be permitted to occur per dwelling unit shall not exceed of 30 calendar days in one calendar year.
C.
The short-term rental shall not permit more than two persons to occupy one bed.
D.
If the short-term rental pertains specifically to couches, the short-term rental shall not permit more than one house guest to occupy one couch. Additionally, if the short-term rental does not offer private sleeping quarters, then the house guest shall be limited to one per household at a time.
E.
All activity at the short-term rental shall be subject to enforcement of the Township's noise-, nuisance- and property maintenance-related ordinances.
F.
Any noise caused by the house guests that disturbs the neighboring households shall not be permitted, and if the house or house guest is convicted by the police for any disturbance(s) of the peace, the owner or lessee shall not be permitted to continue to offer short-term rentals.
G.
Within the context of short-term rentals, a meeting room shall refer to the location within the dwelling unit where house guest(s) gather for personal and/or professional purposes.
H.
The short-term rental shall provide one off-street space per room available for rental.