Newberry Township York County
City Zoning Code
City Zoning Code
ARTICLE V
General/Supplementary Provisions
§ 380-36 General provisions.
The regulations contained within Article V shall apply to all uses within the Township.
§ 380-37 Accessory uses and structures.
A.
Fences and walls. No fence or wall (except livestock, required junkyard or tennis court walls or fences, or a retainer wall of a building permitted under the terms of this chapter) shall be erected to a height of more than three feet in a front yard and more than six feet in any other yard within the OS, RH, SR, RG, MHP, V, and R Zoning Districts. Within the A and RR Zoning Districts, no fence or wall shall be erected to a height more than eight feet in any yard. Within any MU, CC, RCO, LI, I, and RI Zoning Districts, no fence nor wall (except a retainer wall) shall be erected to a height of more than 10 feet in any yard. No fence shall block motorists' view of vehicles entering or exiting the property nor be located within the street right-of-way.
B.
Swimming pools. No permanent swimming pool structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent. All permanent swimming pool structures shall be completely enclosed by a minimum four-foot-high fence or wall with a self-closing and lockable gate. However, this does not apply to aboveground pools having a wall measuring four feet in height and having a retractable ladder. Such fence or wall shall be erected before any pool is filled with water. All pools must be set back (from the water's edge) at least 10 feet from all lot lines. No water from a pool shall be discharged onto any public street or alley or adjacent property without the owner's consent. These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming.
C.
Tennis courts. All tennis courts shall include an open mesh permanent fence 10 feet in height behind each baseline. Such fence shall extend parallel to said baseline at least 10 feet beyond the court's playing surface unless the entire court is enclosed. Any lighting fixtures shall be arranged in accordance with § 380-37J of this chapter.
D.
Satellite dish antennas. Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite dish antenna located within the OS, RH, SR, RG, MHP, V, A, RR, and R Zoning Districts shall be used only to receive signals, not transmit them. All ground-mounted satellite dish antennas located within the MU, CC, RCO, LI, I, and RI Zoning Districts that are used to transmit video format data shall be completely enclosed by an eight-foot-high nonclimbable fence that includes signage warning of dangerous radiation levels. Any gates within the fence shall be locked when unattended. Satellite dish antennas within the MU, CC, RCO, LI, I, and RI Zoning Districts shall comply with all principal use standards.
E.
Alternative energy sources. Except for those contained on farms, wind energy conversion systems (WECS) shall not be permitted in the front yard area of any property. Height regulations do not apply to WECS units, provided that the height of the WECS unit shall not be greater than the shortest distance measured along a horizontal plane from the unit to any lot line. WECS units may be placed on the roof of any structure, provided that the perimeter of the unit does not cover 25% of the roof area of the structure on which the WECS unit is placed. The additional height extension shall be so positioned that the height of the WECS unit above the roof is less than the distance measured along a horizontal plane from such unit to any lot line. All transmission lines to and from any freestanding WECS unit or any supporting building or structure shall be buried underground. Solar energy units shall be permitted in any zone and subject to the requirements of that zone.
F.
Ornamental ponds and wading pools. Ornamental ponds and wading pools may be permitted in any zoning district, subject to the following:
(1)
Such impoundments shall comply with all accessory use setbacks.
(2)
No such impoundment shall contain more than 200 gallons. All other impoundments exceeding the requirements of this section shall be considered as man-made lakes, dams and impoundments, and are subject to the criteria listed in § 380-37G of this chapter.
(3)
No such impoundment shall have a length or diameter exceeding 15 feet nor a maximum depth exceeding two feet.
(4)
All such impoundments shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects.
(5)
No such pond(s) shall be used for the commercial hatching of fish or other species.
G.
Man-made lakes, dams, and impoundments. All lakes, dams, ponds and impoundments designed to contain water on a permanent basis may be permitted in any zoning district, subject to the following:
(1)
All dams, ponds, lakes and impoundments located along and connected to a stream, that involve any of the following, shall require the obtainment of a permit from the PA DEP Bureau of Waterways Engineering and Wetlands, Division of Dam Safety or appropriate agency, or a letter indicating that the proposed use does not require a PA DEP or appropriate agency permit:
(2)
All dams, ponds and impoundments not contiguous to a stream that have an intake, outlet, or both, and/or have an embankment within 50 feet of a stream shall require the obtainment of a permit from the PA DEP Bureau of Waterways Engineering and Wetlands Division of Erosion and Sedimentation Control/Stormwater Management or other appropriate agency.
(3)
All dams, ponds and impoundments shall be located at least 75 feet from adjoining lot lines, and any subsurface on-lot sewage disposal system or on-lot well.
(4)
All other dams, ponds and impoundments require the submission of a statement by a qualified engineer that the proposed use is properly constructed and will not pose a threat to the public safety nor the environment during normal flow conditions and those associated with the base flood. All dams shall be constructed to a height of one foot above the water surface elevation occurring during the base flood.
(5)
Maintenance. All ponds shall be regularly maintained and floating debris shall be removed from all pipes and spillways. All ground cover shall be trimmed. Weeds, brush and trees shall not be permitted to grow on the dam or spillway.
H.
Garage/yard sales. Within any zoning district, an owner and/or occupant may conduct up to two garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only one four-square-foot sign shall be permitted, advertising the garage/yard sale located upon the premises where the sale occurs, and shall be removed promptly upon the completion of the sale. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way, except that parking may occur where permitted. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.
I.
Accessory repair of motor vehicles. This section shall not apply to farm equipment and vehicles when performed as part of normal farming and/or agricultural operations.
(1)
Personal motor vehicles. The routine maintenance, repair and servicing of personal motor vehicles, owned and/or leased by the person performing such services when performed outside of a completely enclosed building, is permitted, subject to the following:
(a)
All vehicles shall be maintained with proper licensure.
(b)
All work shall be performed on the vehicle owner's (leasee's) property of residence.
(c)
All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of.
(d)
All such activities shall be conducted during daylight hours and so as not to disturb adjoining properties.
(e)
All such activities including repair, maintenance, and servicing activities shall be completed within 72 hours.
(2)
Other nonpersonal non-daily-use motor vehicles. The maintenance, repair and servicing of other motor vehicles not used for daily personal use, including vehicles not necessarily requiring licensure and/or including, but not limited to, the following: boats, snowmobiles, recreation vehicles and any vehicles listed under "racetrack/speedway" definition in Article I of this chapter, owned and/or leased by the person performing such services when performed outside of a completely enclosed building, is prohibited. Any maintenance, repair and servicing must be performed inside of a completely enclosed building and shall be subject to the following:
(a)
All work shall be performed on the vehicle owner's (leasee's) property of residence.
(b)
The maintenance, repair and servicing shall be compatible with the residential use of the property and surrounding residential uses.
(c)
All maintenance, repair and servicing operations shall not constitute a nuisance due to noise outside the building and any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference shall be completely undetectable from adjacent properties through soundproofing the building.
(d)
All by-product or waste fuels, lubricants, chemicals, and other products shall be properly disposed of in compliance with all applicable state and federal requirements.
J.
Lighting.
(1)
Applicability.
(a)
All uses within the Township where there is lighting that creates a nuisance or hazard as viewed from outside, including, but not limited to, residential, commercial, industrial, public/semipublic and institutional uses, and sign, billboard, architectural and landscape lighting.
(b)
Temporary seasonal decorative lighting and emergency lighting are exempt from all but the glare control requirements of § 380-37J.
(c)
Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, is exempt from the requirements of § 380-37J.
(d)
Agricultural and forestry uses, except for § 380-37J(2)(b)[4] below are exempt from the requirements of § 380-37J.
(2)
Criteria.
(a)
Illumination levels. Lighting, where required by § 380-37J, or otherwise required or allowed by the Township, shall have intensities, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the Township.
(b)
Lighting fixture design.
[1]
Fixtures shall be of a type and design appropriate to the lighting application.
[2]
For the lighting of predominantly horizontal surfaces, such as, but not limited to, parking areas, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, cul-de-sacs, active and passive recreational areas, building entrances, sidewalks, bicycle and pedestrian paths, and site entrances, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 1,000 lumens, e.g., the rated output of a standard nondirectional 60 watt incandescent lamp, are exempt from the requirements of this section.
[3]
For the lighting of predominantly nonhorizontal surfaces, such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays and statuary, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of structures on adjacent lots, past the object being illuminated, skyward or onto a public roadway. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 1,000 lumens, e.g., the rated output of a standard nondirectional sixty-watt incandescent lamp, are exempt from the requirements of this section.
[4]
Barn lights, also known as dusk-to-dawn lights, where visible from another property, shall not be permitted unless fully shielded as viewed from that property.
(c)
Control of glare.
[1]
All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto an adjacent use or property.
[2]
Directional fixtures such as floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows of structures on adjacent lots, past the object being illuminated, skyward or onto a public roadway or pedestrian way.
[3]
Parking facility and vehicular and pedestrianway lighting (except for safety and security applications and all-night business operations), for commercial, industrial and institutional uses shall be automatically extinguished no later than 1/2 hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of fixtures or illumination level required or permitted for illumination during regular business hours.
[4]
Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises for a commercial establishment may remain illuminated while the establishment is actually open for business and until 1/2 hour after closing.
[5]
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
[6]
The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight from any point on the receiving residential property.
[7]
The illumination projected from any property onto a nonresidential use shall at no time exceed 1.0 footcandle, measured line-of-sight from any point on the receiving property.
[8]
Externally illuminated billboards and signs shall be lighted by fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to shield the source from off-site view and to place the light output onto and not beyond the sign or billboard. At no point on the face of the sign or billboard and at no time shall the illumination exceed 30 vertical footcandles.
[9]
Except as permitted for certain recreational lighting, fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade.
[10]
Only the United States flag and the state flag shall be permitted to be illuminated from dusk till dawn. All other flags shall not be illuminated past 11:00 p.m. Flag lighting sources shall not exceed 7,000 lamp lumens per flagpole. The light source shall have a beam spread no greater than necessary to illuminate the flag and shall be fully shielded.
[11]
Under-canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast-food/bank/drugstore drive-ups shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The average illumination in the area directly below the canopy shall not exceed 20 initial footcandles and the maximum shall not exceed 30 initial footcandles.
(d)
Installation.
[1]
Electrical feeds for lighting standards shall be run underground, not overhead.
[2]
Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, or where they could be hit by snow plows, shall be placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other municipality-approved means.
[3]
Pole-mounted fixtures for lighting horizontal tasks shall be aimed straight down and poles shall be plumb.
(e)
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this chapter.
(3)
Lighting plan submission. Lighting plans shall be submitted for variance, building permit and special exception applications for review and approval, in accordance with the plan-submission information requirements specified in Chapter 344, Subdivision and Land Development, of this Code.
(4)
Compliance monitoring.
(a)
Safety hazards. If the Township Zoning Officer judges a lighting installation creates a safety hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action pursuant to Article VIII of this chapter.
(b)
Nuisance glare and inadequate illumination levels.
[1]
When the Township judges an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.
[2]
If the infraction so warrants, the Township may act to have the problem corrected as in § s 380-37J(4)(a) above.
(5)
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this section shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this chapter when:
§ 380-38 Unenclosed storage.
A.
Outdoor storage of recreational vehicles, boats, campers, trailers and trucks upon properties containing or adjacent to and owned by the owner of a single-family detached dwelling. Upon any property used principally for a single-family detached dwelling, the outdoor storage of recreational vehicles, travel trailers, trucks, boats, and trailers used solely for the transport of the residents' recreational vehicle(s) is permitted only according to the following requirements:
(1)
For purposes of this section, recreational vehicles, travel trailers, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) are divided into two separate categories, as follows:
(a)
Class I vehicles. Those recreational vehicles, travel trailers, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess no more than 200 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
(b)
Class II vehicles. Those recreational vehicles, travel trailers, boats (including trailers), and other trailers used solely for the transport of the residents' recreational vehicle(s) that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
(2)
The temporary parking of one Class I or Class II vehicle for periods not exceeding 72 hours during any seven-day period is permitted on a paved or gravel surface in any yard, so long as the vehicle is set back no less than 10 feet from any street right-of-way and five feet from adjoining property lines.
(3)
The storage of one Class I vehicle shall be permitted per lot behind the building setback line, as long as the unit is set back no less than five feet from any adjoining lot line. All areas used for the storage of Class I vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.
(4)
Except as permitted in § 380-38A(2) of this chapter, and as follows, the parking or storage of any Class II vehicle is expressly prohibited in any residential zoning district or on any property used principally for residential purposes. The storage of one Class II vehicle on a residentially zoned parcel, or a parcel used for a principal residence, is permitted, subject to the following requirements:
(a)
In no case shall the vehicle contain more than 320 square feet, as measured to the vehicle's outermost edges, nor exceed a height of 13 feet, as measured from the ground to the highest point of the vehicle's main body. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
(b)
All vehicles shall be set back a horizontal distance equal to twice (two times) the vehicle's height from every side and rear lot line.
(c)
No vehicle shall be stored in front of the building setback line. On vacant lots, the vehicle must be stored behind the required front yard setback line, as specified for principal uses.
(d)
Screening, as described in § 380-51 of this chapter, shall be provided along any side and rear lot lines. Such screening shall not extend into the required front yard. Screening shall not be required along a common side lot line when the owner resides on one lot and stores the vehicle on an adjacent vacant lot that he owns. One ten-foot-wide break in required screening may be provided along one rear or side lot line for vehicular access onto an adjoining alley.
(e)
All areas used for the storage of Class II vehicles shall be maintained so as to keep vegetation properly trimmed and debris or litter disposed of regularly. All vehicles shall maintain required licensure and prevent the leakage of fuels and/or lubricants into the ground.
(5)
The storage or parking of any commercial truck upon any lot zoned SR and/or RG, or lot used principally for residential purposes, is prohibited. For purposes of this section, commercial trucks shall include those that exceed a gross vehicle weight (truck plus rated payload) of 10,000 pounds. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited on any residentially zoned lot or a lot used principally for residential purposes.
B.
Outdoor storage of recreational vehicles. Boats, campers, trailers, and trucks upon properties containing a two-family, single-family semidetached, single-family attached and/or multiple-family dwellings. The outdoor storage of such vehicles and/or trailers is expressly prohibited, except in areas specifically designed for such uses as required by § 380-47F of this chapter.
C.
Outdoor stockpiling. In all zoning districts, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard (except domestic fuels such as firewood expected to be used on an annual basis).
D.
Trash, garbage, refuse, or junk. Except as provided in § 380-59A(34), (49) and (60) of this chapter, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.
E.
Dumpsters. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties, and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
F.
Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost, and in no case shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.
§ 380-39 Setback modifications.
A.
Front setback of buildings on built-up streets. Where at least two adjacent buildings within 100 feet of a property are set back a lesser distance than required, the average of the lesser distances becomes the required minimum front setback for the property. However, in no case shall the setback line be less than 15 feet from any abutting street right-of-way line.
B.
Accessory or appurtenant structures. The setback regulations do not apply to:
(1)
Bus shelters; telephone booths; and cornices, eaves, chimneys, steps, canopies, and similar extensions, but do apply to porches and patios, whether covered or not.
(2)
Open fire escapes.
(3)
Minor public utility structures, articles of ornamentation or decoration.
(4)
Fences, hedges and retaining walls.
§ 380-40 Height limit exceptions.
A.
The height regulations do not apply to the following structures or projections, provided such structures or projections are set back a horizontal distance at least equal to their height from any property line:
(1)
Water towers, antennas (other than communication antennas and towers), utility poles, smokestacks, chimneys, agricultural buildings, farm silos, windmills, flagpoles, or other similar structures.
(2)
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans, and other mechanical appurtenances.
(3)
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline.
B.
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.
§ 380-41 Corner lots.
A.
A front yard, as provided for in the area and lot requirements for the various zoning districts, shall be required along each street right-of-way line on which a corner lot abuts. Additionally, there shall be provided one side and one rear yard.
§ 380-42 Minimum habitable floor area.
§ 380-43 Erection of more than one principal use on lot.
More than one principal use may be erected on a single lot in the V, MU, CC, RCO, LI, I and RI zoning districts, provided that all lot and yard requirements, standards, and other requirements of this chapter shall be met for each structure as though it were on an individual lot. In addition, such proposals shall gain approval for a land development plan, and provide individually approved methods of sewage disposal. In all other zones, more than one principal use is permitted only in one building on a single lot.
§ 380-44 Required vehicular access.
Every building hereafter erected or moved shall be on a lot adjacent to a public street right-of-way, or with access to an approved private street. The erection of buildings without approved access shall not be permitted. Approved access shall be defined in terms of Chapter 344, Subdivision and Land Development, of this Code, and PennDOT Publication 282 and the Pennsylvania Code, Title 67, Chapter 441. Access to lots containing single-family dwellings shall be via driveways (see § 380-45). Access to lots containing other uses shall be via access drives (see § 380-46).
§ 380-45 Driveway requirements (single-family dwelling).
A.
General. Driveways shall provide vehicular movement from a street to a parking area, garage, dwelling, building or structure to a property or lot containing a single-family dwelling unit of occupancy or a farm.
B.
PennDOT approval. All intersections with a state route shall be subject to the approval of PennDOT. Any driveway intersecting with a state route shall obtain a highway occupancy permit from PennDOT prior to receipt of a township building permit.
C.
Driveway standards and requirements. Driveways shall conform to the following:
(1)
Number of driveways per lot. No more than two driveway connections per lot shall be permitted and only one driveway connection per 100 feet of lot frontage is permitted. Driveway connections with a public street, when located on the same lot, shall be separated by a minimum of 25 feet.
(2)
Driveway setback distances. Driveways shall not connect with a public street within 40 feet of the right-of-way lines of any intersecting streets, nor within five feet of a fire hydrant. Driveways shall be set back at least three feet from any side lot line, unless a common or joint driveway location is proposed. Plans which propose common or joint driveways shall be accompanied by a right-of-way agreement which shall be submitted for review by the Township and recorded with the York County Recorder of Deeds on the same date as the recording of the final plan. This agreement shall establish the conditions under which the driveways will be maintained.
(3)
Driveway clear sight triangles. Driveways shall be located and constructed so that a clear sight triangle of 75 feet, as measured along the street center line, and five feet along the driveway center line is maintained. Grading and/or plantings (existing through mature growth) less than three feet and greater than 10 feet above the driveway grade shall be permitted in the clear sight triangle.
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(4)
Driveway slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines and no segment shall exceed 15%.
(5)
Accessing street of lesser classification. Driveway access shall be provided to the street of less classification when there is more than one street classification involved.
(6)
Driveway width. Within 10 feet of the right-of-way of an intersecting street, driveways shall not be less than 10 feet or greater than 20 feet in width.
(7)
Paving requirement. Driveways shall be paved from the edge of a street cartway for their full width to a minimum length of 15 feet toward the lot and be constructed in a manner consistent with the design, maintenance, and drainage of the street.
(8)
Driveway alignment. Driveways shall be aligned with driveways on the opposite side of the street whenever possible, but be located in relationship to driveways on other adjacent properties to provide safe and efficient movement of vehicles.
(9)
Driveway on arterial and collector streets. Driveways which intersect arterial or collector streets shall be provided with vehicle turnaround within the lot, to prevent vehicles from backing out into the street. The minimum size of this turnaround area shall be 10 feet by 20 feet and the turnaround shall be placed to the side of the main driveway so that entrance to the road can be performed in a safe manner.
(10)
Driveway bank slope. Where a driveway enters a bank through a cut, unless a retaining wall is used, the shoulders of the cut may not exceed 50% in slope within 25 feet of the point at which the drive intersects the street right-of-way. The height of the bank must not exceed three feet within 20 feet of the street.
(11)
Driveway intersection angle. The minimum required angle between the center line of a driveway and the center line of the street which that driveway intersects shall be 65°.
D.
Single-family attached dwellings (townhouses on individual lots): driveway and garage requirements. Single-family attached dwellings are permitted to utilize driveways and garages if such driveways only connect with local public or private street rights-of-way and they comply with the following requirements:
(1)
Driveways located within the front yard of lots must be arranged as a side-by-side joint-use driveway with an adjoining single-family attached dwelling. Such driveway must be set back at least 10 feet from any lot line of an adjoining single-family attached dwelling that does not share the joint-use driveway, 20 feet from any other driveway or access drive, and five feet from the closest point of any building other than a garage. No individual driveway connecting with a local public or private street right-of-way shall be wider than 12 feet. See Lots 1 and 2 on the following single-family attached dwellings diagram.
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(2)
Garages within front yards of lots must be located no less than 25 feet from the street right-of-way, eight feet from any lot line of an adjoining single-family attached dwelling that does not share a joint-use driveway, and five feet from any building, except where the garage is attached to the single-family attached dwelling. Such garage must also rely upon a joint-use driveway as regulated by the above § 380-45D(1). See Lots 3 through 6 on the above single-family attached dwelling diagram.
(3)
Driveways located within rear yards of lots must be arranged as a side-by-side joint-use driveway with an adjoining single-family attached dwelling. Such driveway must be set back at least 10 feet from any lot line of an adjoining single-family attached dwelling that does not share the joint-use driveway, 20 feet from any other driveway or access drive, and five feet from the closest point of any building other than a garage. Within the rear yard, a driveway may have a maximum width of 24 feet, so long as the other setbacks are provided. See Lots 9 and 10 on the above single-family attached dwelling diagram.
(4)
Garages located within rear yards of lots must be located no less than 20 feet from the rear lot line, eight feet from any lot line of an adjoining single-family attached dwelling that does not share a joint-use driveway, and five feet from any building, except where the garage is attached to the single-family attached dwelling. Such garage must also rely upon a joint-use driveway as regulated by the above § 380-45D(3). See Lots 7 and 8 on the above single-family attached dwelling diagram.
E.
Townhouses on common property-driveway and garage requirements. Townhouses on common property are permitted to utilize driveways and garages if such driveways only connect with local public or private street rights-of-way, or access drives, and they comply with the following requirements:
(1)
A driveway located between a townhouse and a local street, road, access drive must be arranged as a side-by-side joint-use driveway with an adjoining townhouse. Such driveway must be set back at least 20 feet from any other driveway or access drive, 10 feet from any townhouse or other building not served by the joint-use driveway, and five feet from the townhouse, unless it includes an attached garage. No individual driveway connecting with a local public or private street right-of-way or access drive shall be wider than 12 feet. A driveway connecting with an alley may have a maximum width up to 24 feet, so long as the other setbacks are provided. See Units 1 through 6 on the following Townhouses on Common Property Diagram.
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(2)
A garage located between a townhouse and a local public or private street right-of-way, access drive or alley must be located no less than 25 feet from the street right-of-way or access drive cartway (whichever provides for the greater setback), 20 feet from the alley right-of-way or cartway (whichever provides for the greater setback), eight feet from any townhouse that does not share a joint-use driveway, 16 feet from any other garage, 18 feet from any driveway except the one providing access to the garage, and five feet from the townhouse, except where it is attached to the townhouse. Such garage must also rely upon a joint-use driveway as regulated by the above § 380-45E(1). See Lots 6 through 10 on the above Townhouses on Common Property Diagram.
§ 380-46 Access drive requirements (non-single-family dwelling and/or nonfarm parcels).
§ 380-47 Parking requirements.
A.
General parking regulations.
(1)
The facilities required herein shall be available to patrons throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking space located off the public right-of-way.
(2)
Unless determined unnecessary by the Township Engineer, parking spaces and approaches thereto shall be paved in accordance with Chapter 344, Subdivision and Land Development, of this Code, and Newberry Township construction improvements specifications standards.
(3)
All commercial, public/semipublic, institutional, industrial and multifamily residential uses shall provide handicapped parking spaces in accordance with the Americans with Disabilities Act[1] Accessibilities Guidelines for Buildings and Facilities, developed by the U.S. Architectural and Transportation Barriers Compliance Board. The applicant shall certify, in writing or plan note, that a zoning permit application and/or subdivision and/or land development plan complies with all relevant ADA requirements.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(4)
In residential zoning districts, no part of any minimum front yard setback shall be used for parking purposes, except that the driveway area located within the front yard setback may be used for off-street parking. For nonresidential uses, parking may be permitted no closer than 15 feet from the street right-of-way line.
(5)
The parking of any nonmotorized vehicle (including boats and trailers) or any motorized vehicle not having a current and valid registration and inspection certificate is prohibited within any street right-of-way.
(6)
Each use shall be calculated individually.
B.
Off-street parking requirements. Any of the following permitted uses or buildings hereafter established, erected or enlarged; any use or building hereafter converted into one of the following uses; and any open space hereafter used shall be provided with not less than the minimum off-street parking spaces as set forth below, together with adequate access drives, driveways or other means of circulation and access to and from a street. However, in no case shall the minimum number of off-street parking spaces be less than two.
C.
Location and management requirements.
(1)
Existing parking. Buildings and uses existing on the effective date of this chapter shall not be subject to the requirements of this section in accordance with the following:
(2)
Changes in requirements. Whenever there is an alteration of a building or a change or extension of a use which increases the parking requirements, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of this section.
(3)
Conflict with other uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
(4)
Continuing obligation. All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Reasonable precautions are to be taken by the property owner or business owner to assure the availability of required facilities for the employees or other persons for whom the parking areas are designed to serve. The property owner or business owner shall ensure that the parking area at no time constitutes a nuisance, hazard or unreasonable impediment to traffic.
(5)
Drainage, surfacing and maintenance.
(a)
The area of parking lots where there is no truck traffic, including driveways, shall be graded, surfaced with a paved, dust-free surface, and drained in accordance with the standards set forth in Chapter 344, Subdivision and Land Development, of this Code, and Newberry Township construction improvements specifications. Pavement sections with higher structural capabilities may be designed as necessary in accordance with Design of Hot Mix Asphalt Pavements for Commercial, Industrial and Residential Areas, National Asphalt Pavement Association, 1991, as amended. Alternate pavement sections, including concrete, can be considered if properly designed and then approved by the Township.
(b)
Parking areas shall be kept clean and free from rubbish and debris.
(c)
In all cases, such drainage, surfacing and maintenance activities and plans shall conform to other applicable Township codes and ordinances.
(6)
Joint use parking lots. Except as provided herein this section, two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually.
(a)
In commercial shopping centers over three acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between every vehicle and each of the shopping center's stores.
(b)
Required parking spaces may be provided in spaces designated jointly to serve two or more establishments or uses, provided that the number of required spaces in such joint facility shall not be less than the sum total required separately for all such establishments or uses. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces, primarily during periods when the other use(s) is not in operation, the total number of required parking spaces may be reduced to:
(7)
Reduction in minimum parking requirements.
(a)
As a special exception use, an applicant may prove to the satisfaction of the Township Zoning Hearing Board that the minimum amount of off-street parking should be modified for a specific application because of one or more of the following circumstances.
[1]
The applicant proves that the parking will be shared with another use that will reduce the total amount of parking needed because the uses have different peak times of parking need, and that there is a legally guaranteed method to make sure that the parking will continue to be available during all the years that the use is in operation; or
[2]
The applicant proves that the parking demand for a particular use is unusually low because of some unusual and peculiar characteristic of the use.
(b)
The following conditions must be satisfied to be granted the special exception use:
[1]
A plan showing all required parking spaces, interior drives/aisles, landscaping and buffer areas, in strict conformance with the requirements of § 380-47F of this chapter and indicating those improvements which are to be constructed.
[2]
The area in which the spaces are not to be constructed shall be leveled and may remain in grass or other stabilized pervious material, so as to provide for overflow parking for other, seasonal or even peak times.
[3]
Satisfactory documentation shall be submitted attesting the reduced need for off-street parking based on the following method:
[a]
Peak use. Determine the estimated the peak use of the site in number of persons.
[b]
Persons-auto trips. Multiply the estimated peak use number of persons by 0.965.
[c]
Automobile parking. Divide the persons-auto trips number by 1.06. The result is the number of automobiles requiring on- and/or off-street parking.
[d]
On-street parking credit. Subtract the number of on-street parking spaces available for the proposed use. The amount of off-street parking required shall be reduced by one off-street parking space for every on-street space in front or the side of the lot (on street). On-street parking shall follow the established configuration of existing on-street parking. The number of on-street parking spaces shall be calculated using the parking stall depth requirements set forth in § 380-47D(1) of this chapter for the specific type of parking configuration approved to be used.
[i]
Parallel parking shall include uninterrupted curb along the front or side of the lot.
[ii]
Curb space must be contiguous to the lot which contains the use.
[iii]
Parking spaces may not be counted that would obstruct a required clear sight triangle, or any other parking that violates any law or street standard.
[iv]
On-street parking spaces credited for a specific use shall not be used exclusively by that use, but shall be available for use by the general public at all times. No signs or actions limiting the general public use of on-street spaces shall be permitted.
[4]
The landowner shall enter into an agreement with the Township agreeing to construct the improvements that have been waived, within six months of notification from the Township. Failure of the landowner to construct said improvements shall automatically give the Township the right to construct said improvements and lien all costs associated therewith on the property.
(8)
Computation of spaces. Where the computation of required parking spaces results in a fractional number, any fraction shall be counted as one.
(9)
Location of spaces.
(a)
Off-street parking spaces for single-family and two-family dwellings shall be provided on the same lot.
(b)
Parking spaces for multifamily dwelling building(s) and other nonresidential uses (except agricultural and forestry uses) shall be readily accessible to the building(s) served. Such space shall be in the same zoning district as the principal building or use, and conform to the following requirements:
[1]
Required parking spaces shall be located within 100 feet of the principal building or use when located on the same side of the street.
[2]
Required parking spaces shall be located within 300 feet of the principal building or use when linked to a pedestrian trail or sidewalk when located on the same side of the street.
[3]
Fifty percent of the required parking spaces may be located across a collector street with the following conditions:
[a]
Crosswalks shall be provided in order to ensure safe pedestrian access to and from the parking area.
[b]
Safety lighting shall be provided at the crosswalk to illuminate the cross area when the parking area is used in early morning or at night.
[c]
A pedestrian crossing sign in accordance with the most recent versions of PennDOT Publications 68 and 236 shall be provided on each side of the road.
[d]
Parking lots located across a street shall be safe for pedestrian use. To ensure safety, the design of the crosswalk shall consider the speed limit, sight distance, visibility, road conditions and other safety factors. In the event that the crosswalk is deemed to be unsafe, the Zoning Officer shall not permit parking areas across a street.
[e]
In the event that the crosswalk becomes a safety hazard due to increased traffic, adjacent development, the change of street classification or other circumstances that will affect pedestrian safety, the parking lot shall be abandoned.
[4]
The distances specified herein shall be measured from the nearest point of the parking lot to the nearest point of the principal building or use that the parking lot is required to serve.
(c)
The applicant for a zoning permit or use certificate shall submit, with his application, a legal document approved by the Township Solicitor that subjects such parcels of land to parking uses in connection with the principal use to which it is accessory. Prior to the issuance of a zoning permit, the Zoning Officer shall cause such legal documents to be recorded in the office of the York County Recorder of Deeds.
(10)
Lighting. Lighting shall be used to illuminate off-street parking and shall be in accordance with § 380-37J of this chapter.
(11)
Landscaping.
(a)
Interior of parking lot.
[2]
The required 5% interior parking lot landscaped area shall be landscaped with shade trees and ground cover. The following alternatives are permitted separately or in combination:
[a]
Provide a continuous landscape strip between every four rows of parking. The landscape strip shall be a minimum of eight feet in width to accommodate shade trees and other landscaping.
[b]
Provide large planting islands (over 600 square feet) to be located throughout the lot and planted with shade trees and ground cover located at the ends of parking rows.
[c]
Provide planting islands at a minimum of nine feet wide between every 10 to 15 spaces to avoid long rows of parked cars.
[3]
A minimum of one shade tree shall be required for each eight spaces.
(b)
Perimeter of parking lot. Perimeter landscaping located within the ten-foot required parking setback from a building shall be ground cover and shrubs or hedges. Shade trees are not required in the ten-foot setback area.
(12)
Trees.
(a)
Standards for shade trees for parking area shall be provided in accordance with the following:
Small2 | Medium3 | Large3 | |
|---|---|---|---|
Interior dimension | 5 feet | N/A | N/A |
Setback (from trunk perimeter) | N/A | 6 feet1 | 10 feet1 |
Area, single tree | 90 square feet | 250 square feet | 800 square feet |
Area, each additional tree in a group | 25 square feet | 90 square feet | 200 square feet |
NOTES: | |
1 | The largest tree in any group will be considered as the first tree for counting purposes. |
2 | Each small tree shall be located in a planting area of at least 90 square feet (plus 25 square feet for each additional tree in a group) with a minimum interior dimension of five feet. |
3 | Each medium and large tree shall be located in a planting area or undisturbed area that conforms to the minimum as specified in the chart above. |
(b)
Perimeter of parking lot. Perimeter shade trees and ground cover shall be planted within an eight-foot-wide landscape strip around the entire perimeter of the lot, except along the street, to be planted in accordance with § 380-50 hereinbelow of this chapter. Existing shade trees may be used to meet the perimeter requirement of this section. The eight-foot-wide landscape strip may include a sidewalk or walkway. Perimeter landscaping may be in any required buffer yard. Perimeter landscaping does not constitute screening.
D.
Design standards.
(1)
The minimum dimensions of parking facilities to be provided shall be as follows:
(a)
In all zoning districts, noncompact parking spaces per vehicle shall be not less than nine feet wide and 19 feet long.
(b)
Parking space and aisle dimensions shall be not less than those listed in the following table.
Parking | Aisle Width | |||
|---|---|---|---|---|
Angle of Parking (degrees) | Stall Width (feet) | Stall Depth* (feet) | One-Way (feet) | Two-Way (feet) |
90 | 9 | 19 | 25 | 25 |
60 | 9 | 19 | 18.5 | 20 |
45 | 9 | 19 | 13.5 | 20 |
30 | 9 | 19 | 12 | 20 |
Parallel | 8 | 22 | 12 | 20 |
NOTE: |
* Depth of parking space is the measurement from the curb or edge of the parking space toward the interior portion of the space to be occupied by a parked vehicle and not including any part of the aisle or driveway. |
(c)
All dead-end parking lots shall be designed to provide sufficient backup area for the end parking spaces of the parking area.
(d)
Parking areas shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.
(e)
Where more than 10 parking spaces are required, a maximum of 40% of the parking spaces may be provided for compact vehicles. Each compact parking space shall be not less than eight feet wide by 17 feet long. All compact parking spaces shall be located in the same area and be marked to indicate spaces designated for compact parking.
(f)
Trucks and trailers.
[1]
Where truck parking spaces or trailer parking spaces are provided and/or required, parking space and aisle dimensions shall not be less than listed in the following table:
Parking | Aisle Width | ||||
|---|---|---|---|---|---|
Angle of Parking (degrees) | Stall Width (feet) | Stall Depth* (feet) | One-Way (feet) | Two-way (feet) | |
90 | 12 | 60 | 75 | 75 | |
60 | 12 | 60 | 56 | 60 | |
45 | 12 | 60 | 41 | 60 | |
30 | 12 | 60 | 36 | 60 | |
NOTE: |
* Depth of parking space is the measurement from the curb or edge of the parking space toward the interior portion of the space to be occupied by a parked vehicle and not including any part of the aisle or driveway. |
[2]
Where truck parking spaces or trailer parking spaces are provided and/or required, the minimum width shall be 12 feet and the minimum depth shall be 60 feet. Aisle widths in truck parking areas shall be 75 feet for one-way or two-way.
(2)
Setbacks for parking areas shall be provided as follows:
(a)
All parking spaces and access drives shall be located at least 10 feet from any multifamily dwelling building(s) and other nonresidential uses (except agricultural and forestry uses) located on the lot. The ten-foot setback between the parking area and building shall be for the purpose of providing a pedestrian access walkway and perimeter landscaping.
(b)
All parking spaces and access drives shall be at least eight feet from any side or rear lot line, except where buffer yards are required, in which case the standards set forth in § 380-49 hereinbelow of this chapter shall apply. The required setback shall not include screening.
(c)
No off-street parking area shall be located within a public right-of-way.
(4)
Curbing. Curbing is important for safe and efficient parking areas.
(a)
Curbing within a parking lot may be required in a land development if determined necessary by the Township Engineer to:
[1]
Channelize and control vehicular movement in a safe manner through the parking area.
[2]
Direct stormwater and drainage within the parking area.
[3]
Define parking areas.
[4]
Delineate and/or protect perimeter and interior landscaped areas from vehicles.
[5]
Separate vehicle movement from pedestrian movement as necessary for safety.
(b)
When required, curbing shall be constructed in accordance with Chapter 344, Subdivision and Land Development, and Newberry Township Improvements Specifications Manual.
(c)
Construction specifications for curbing to be installed in parking areas shall be submitted with the land development application.
(d)
Where curbs are provided in a parking lot, the minimum curb radii shall be five-foot radius curvature and shall be required for all curblines. However, larger curb radii may be designed when necessary for trucks, buses, etc.
E.
Prohibited uses of a parking lot. Automobile parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following:
(1)
The sale, display or storage of automobiles or other merchandise.
(2)
Parking/storage of vehicles accessory to the use.
(3)
Performing services (including services to vehicles).
(4)
Required off-street parking space shall not be used for loading and unloading purposes, except during hours when business operations are suspended.
F.
Schedule of required parking spaces. The following lists required number of parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Agricultural and Forestry | |
|---|---|
Type of Use | Minimum of One Parking Space for Each |
Intensive farming operation | Nonresident farm employee |
Agriculture, (excluding intensive farming operation) | Nonresident farm employee |
Riding stables | 2 stalls, plus 1 space per every 4 seats of spectator seating |
Dwelling, multifamily | 1/3 dwelling unit (i.e., 3 spaces per dwelling unit); such parking spaces can take the form of private driveways or garages and/or common parking lots, provided all spaces required are within 150 feet of the unit served |
Dwelling, single-family detached | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Dwelling, single-family semidetached | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Dwelling, townhouse (or single-family attached) | 1/3 dwelling unit (i.e., 3 spaces per dwelling unit); such parking spaces can take the form of private driveways or garages and/or common parking lots, provided all spaces required are within 150 feet of the unit served |
Dwelling, two-family | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Mobile home park | See § 380-59A(39) |
Two-family conversions | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
INSTITUTIONAL | |
Clubs, lodges and other similar places | 200 square feet of gross floor area, plus 1 space per each employee on 2 largest shifts |
Rehabilitation centers (without overnight accommodations) | Employee, plus 1 space per 3 people anticipated to be handled through the facility |
Hospital | 1 1/2 beds (i.e., 2 spaces per 3 beds), plus 6 spaces per doctor, plus 1 space per employee support staff |
Nursing, rest or retirement homes | 1 1/2 beds (i.e., 2 spaces per 3 beds), plus 6 spaces per doctor, plus 1 space per employee support staff |
Place of worship and related uses | 4 seats or 200 square feet of gross floor area, whichever is larger |
PUBLIC/SEMIPUBLIC | |
Cemeteries | 1 employee |
Emergency services | 1 space for each 400 square feet, plus 1 space per stored vehicle |
Essential services | 1 space for each 400 square feet, plus 1 space per stored vehicle |
Museums, art galleries, cultural centers, community centers, libraries | 1 space per 400 square feet of gross floor area |
Municipal uses | 1 space for each 400 square feet of office space, plus 1 space for each 50 square feet of assembly area, meeting room, conference, etc. |
Parks and playgrounds | 2 spaces per acre |
Public uses | 1 space for each 400 square feet of office space, plus 1 space for each 50 square feet of assembly area, meeting room, conference, etc. |
Schools, private and public (below 10th grade, including kindergarten) | 6 students enrolled, plus 1 space per teacher |
Schools, private and public (10th grade and above, including colleges) | 3 students enrolled, plus 1 space per teacher |
School, vocational/mechanical trade | 1 1/2 students enrolled (i.e., 2 spaces per 3 students) |
Theater and auditorium, banquet, conference, and meeting facilities, and other such places of public assembly | 200 square feet, but not less than 1 space per each 2 seats |
COMMERCIAL USES | |
Adult-related uses | 100 square feet of gross floor area, plus 1 space per each employee on the largest shift |
Agricultural support businesses | 1 employee, but not less than 4 spaces |
Airport, heliport | 4 air vehicles stored outside |
Animal hospitals | 400 square feet of gross floor area, plus 1 space per employee |
Automobile filling stations | 1 fuel pump, plus 1 space per 400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage, plus 1 space per employee on the largest shift |
Automobile parking compound | Employee |
Automobile sales | 1,000 square feet of gross indoor and outdoor display areas |
Automobile service | 400 square feet of gross floor and ground area devoted to repair and service facilities in addition to areas normally devoted to automobile storage, plus 1 space per employee on largest shift |
Automobile storage compound | Employee |
Banks and similar financial institutions | 200 square feet of gross floor area, plus 1 space per employee |
Boardinghouses | 1 guest room, plus 1 space per employee or 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) whichever is greater |
Business park | 200 square feet of gross floor area |
Campgrounds | Campsite, plus 1 space per employee, plus 1/2 of the spaces normally required for accessory uses listed elsewhere within this schedule |
Car wash | 1 employee on the largest shift |
Communication antennas, towers, and equipment | 1 per employee on the largest shift, but not less than 2 per site |
Convenience stores | 100 square feet of gross floor area, plus 1 space per employee on the 2 largest shifts |
Day care, commercial | 6 students enrolled, plus 1 space per teacher |
Farmers market | 200 square feet of retail sales area |
Flea market | 200 square feet of retail sales area |
Funeral homes | 100 square feet of gross floor area, plus 1 space per each employee, plus 1 space per each piece mobile equipment, such as hearses and automobiles |
Golf course | 1/8 hole, plus 1 space per employee, plus 1/2 of the spaces normally required for accessory uses listed elsewhere within this schedule |
Greenhouses and nurseries | 1,000 square feet of retail sales area |
Health and fitness clubs | 100 square feet of gross floor area |
Heavy equipment sales, washing, service and repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers, and other similar machinery | 1,000 square feet of gross indoor and outdoor display areas |
Hotel | Guest sleeping room, plus 1 space per each employee on 2 largest shifts, plus 3/4 of the spaces normally required for accessory uses listed elsewhere within this schedule |
Indoor commercial recreational facilities | 200 square feet of gross floor area, plus 1 space for each employee |
Kennels | 400 square feet of gross floor area, plus 1 space per employee |
laboratories for medical, scientific, or industrial research and development | 500 square feet of floor area |
Medical or dental clinic | 1/6 physician and/or dentist (i.e., 6 spaces per physician and/or dentist) |
Mini warehouse | 25 units, plus 1 space per 250 square feet of office space, plus (2 spaces) per any resident manager |
Motel | Guest sleeping room, plus 1 space per each employee on 2 largest shifts, plus 3/4 of the spaces normally required for accessory uses listed elsewhere within this schedule |
Nightclub | 100 square feet of floor area, plus 1 space per employee on the largest shift |
Office | 300 square feet of gross floor area |
Off-Track betting parlors | 65 square feet of gross floor area |
Outdoor commercial recreation facilities | 200 square feet of gross floor area, plus 1 space for each employee; or, if completely outside of a structure, 1 space per each 3 users at maximum utilization, plus 1 space for each employee |
Other commercial buildings and uses | 400 square feet of gross floor area |
Planned center | See § 380-59A(58) |
Racetrack/speedway | 3 seats |
Restaurant, drive-through facilities | 2 seats, plus 1 space per each employee on the 2 largest shifts or if no seating is provided, 1 space per 60 square feet of gross floor area, but with a minimum of 10 spaces |
Restaurant, fast food facilities | 2 seats, plus 1 space per each employee on the 2 largest shifts |
Restaurant (no drive-through and no fast food facilities) | 2 seats, plus 1 space per each employee on the 2 largest shifts |
Retail sales | 200 square feet of gross floor area of display area or sales area, plus 1 space per each employee on 2 largest shifts |
Retail services | 200 square feet of gross floor area of display area or sales area, plus 1 space per each employee on 2 largest shifts |
Sales, storage and/or wholesaling of the following | 200 square feet of gross floor area of display area or sales area, plus 1 space per each employee on 2 largest shifts |
School, commercial | 2 students enrolled plus 1 space per teacher |
Shopping center | 182 square feet of gross leasable floor area |
Tavern | 100 square feet of floor area, plus 1 space per employee on the largest shift |
Veterinarian's offices | 500 square feet of gross floor area |
RECREATION USES | |
Amusement arcades | 80 square feet of gross floor area |
Athletic fields | 4 seats of spectator seating; however, if no spectator seating is provided, a temporary parking area shall be provided on the site; such area must provide sufficient numbers of spaces to serve all users of the site and include a fence delineating such parking area |
Bowling alleys, billiards rooms | 1/4 lane/table and 1 per each 2 employees |
Golf driving ranges | 1 per tee and 1 per employee |
Miniature golf courses | 1/2 hole and 1 per employee |
Riding schools or horse stables | 2 stalls plus 1 per every 4 seats of spectator seating |
Picnic areas | Per table |
Skating rinks | 4 persons of legal occupancy |
Swimming pools (other than 1 accessory to a residential development) | 4 persons of legal occupancy |
Tennis or racquetball clubs | 1/4 court plus 1 per employee plus 50% of the spaces normally required for accessory uses |
INDUSTRIAL USES | |
Automobile wrecking | 1 employee on each of the 2 largest shifts, or 1 space per employee and at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number |
Heavy industrial uses including the primary production of the following products from raw materials[2] | |
Junkyards | 1/2, plus 1 space per employee |
Light industrial uses, including the manufacturing, assembling, converting, finishing, processing, packaging, storage, wholesaling and repair (where applicable) of the following[3] | 1 employee on each of the 2 largest shifts, or 1 space per employee and at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number |
Quarries and other mineral extractive-related uses | Employee on the largest shift |
Recycling facilities for paper, plastic, glass and metal products | Employee on the 2 largest shifts |
Sawmills and lumberyards | Employee on the largest shift |
Solid waste processing, transfer or disposal facilities | Employee on the largest shift, or 1 space for each 1,000 square feet of gross floor area, whichever is greater |
Warehousing and wholesale trade establishments | 5,000 square feet of gross floor area of the portion of the building devoted to the warehousing or wholesaling use, plus 1 space for each 200 square feet of gross floor area of the portion of the building devoted to any office use; in addition to the off-street parking requirements and when there are 10 or more loading berths provided, trailer parking spaces shall be provided at 1 trailer parking space for each 4 loading berths |
Waste handling facilities | 1 employee on largest shift, or 1 space per 1,000 square feet of gross floor area |
ACCESSORY | |
Bed-and-breakfast inns | Sleeping room, plus 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Day care, accessory | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit, plus 1 space per each nonresident resident employee) |
Day care, family | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit, plus 1 space per each nonresident employee) |
ECHO housing | Per dwelling unit, plus 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) for principal dwelling |
Farm occupations | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Home occupations | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit), plus 1 space per each nonresident employee, plus 1 space per potential patron on-site at 1 time |
No-impact home occupations | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit) |
Rural occupations | 1/2 dwelling unit (i.e., 2 spaces per dwelling unit), plus 1 space per potential patron on-site at 1 time |
§ 380-48 Off-street loading facilities.
A.
General.
(1)
Off-street loading shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall provide adequate off-street areas for the loading and unloading of vehicles be provided whenever:
(a)
A new use is established.
(b)
The use of a property or building is changed and thereby requiring more loading space.
(c)
An existing use is enlarged, thereby requiring an increase in loading space.
(d)
For all commercial, office, manufacturing, institutional, hospital or other similar uses requiring the delivery or pickup of products or materials.
B.
Site plan approval.
(1)
Each application for a zoning permit (or use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below.
(2)
No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.
C.
Surfacing. All off-street loading facilities shall be constructed and maintained with the same paved concrete or bituminous surface material required for access drives in Chapter 344, Subdivision and Land Development, of this Code, and Newberry Township Improvements Specifications Manual. Alternate surfacing may be approved by the Township in industrial sites.
D.
Separation from streets, sidewalks, and parking lots. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Furthermore, off-street loading spaces shall not interfere with off-street parking lots.
E.
Drainage. Off-street loading facilities (including access drives) shall be provided with adequate facilities to collect and convey stormwater in accordance with § 344-37 of Chapter 344, Subdivision and Land Development, of this Code, and Newberry Township Improvements Specifications Manual. Furthermore, all off-street loading facilities shall be designed to prevent the collection of standing water on any portion of the loading facility surface, particularly next to access drives. Adequately sized inlets and storm sewers shall be provided to discharge stormwater in accordance with a plan to be approved by the Township. At a minimum, all off-street loading facilities shall be graded to a minimum slope of 1% to provide for drainage.
F.
Location. Except as provided elsewhere, a ground-level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within a residential zoning district or existing residential use. Where possible, off-street loading facilities shall be located on the face of a building not facing any adjoining land in a residential zone or existing residential use.
G.
Connection to street. Every loading space shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide for two-way travel, or 18 feet wide for one-way travel, exclusive of any parts of the curb and gutters. Section 380-46 specifies other requirements for access drives.
H.
Required off-street loading facilities sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances and exits):
Facility | Length (feet) | Width (feet) | Height (if Covered or Obstructed) (feet) |
|---|---|---|---|
Industrial, wholesale and storage uses | 63 | 12 | 15 |
All other uses | 33 | 12 | 15 |
I.
Lighting. Lighting shall be used to illuminate loading areas and shall be in accordance with § 380-37J of this chapter.
J.
Landscaping and screening requirements. Unless otherwise indicated, all off-street loading facilities shall be surrounded by a fifteen-foot-wide landscape strip. All off-street loading facilities shall also be screened from any adjoining residential uses, adjoining residentially zoned properties and/or adjoining public streets.
K.
Schedule of off-street loading spaces required:
Use | Gross Floor Area (square feet) | Number of Spaces |
|---|---|---|
Commercial, wholesale manufacturing, hospital laundry, institutional, or similar uses | ||
Under 8,000 | 1 | |
8,000 to 40,000 | 2 | |
Over 40,000 to 100,000 | 3 | |
Over 100,000 to 250,000 | 4 | |
Each additional 200,000 | 1 | |
Office buildings or hotels | ||
Under 100,000 | 1 | |
Over 100,000 to 300,000 | 2 | |
Over 300,000 | 3 |
§ 380-49 Buffering.
Buffer yards shall meet the following requirements:
A.
A buffer yard shall be located at the perimeter of the lot for any given use and shall not be located in any portion of a public right-of-way or proposed right-of-way.
B.
Permitted uses in a buffer yard: stormwater management facilities, underground utility facilities, picnic areas, greenways or pedestrian walkways. Buildings or storage of any kind shall not be permitted in a buffer yard.
C.
A buffer yard and screening shall be provided between districts and uses as follows:
(1)
A buffer yard of 50 feet shall be required between residential uses or zoning districts and nonresidential uses or zoning districts. Level three screening shall be required within the buffer yard.
(2)
A buffer yard of 25 feet shall be required between multifamily residential uses or zoning districts and single-family/two-family residential uses or zoning districts. Level one screening shall be required within the buffer yard.
(3)
A buffer yard of 25 feet shall be required between commercial uses or zoning districts and industrial uses or zoning districts. Level two screening shall be required within the buffer yard.
(4)
A buffer yard of 50 feet shall be provided where residential uses or zoning districts are adjacent to arterial streets. Level one screening shall be required. A buffer yard of 100 feet shall be provided where residential uses or zoning districts are adjacent to interstate highways. Level three screening shall be required.
(5)
Buffer requirements within the Village (V) Zoning District. A standard buffer yard of 10 feet shall be provided between any residential and nonresidential use located within the Village (V) Zoning District. Level one screening shall be installed in the required buffer yard except along parking areas, where level two screening shall be installed.
D.
Parking lots shall not encroach into a buffer yard. Buffer yards shall not be used for parking.
§ 380-50 Landscaping.
Landscaping shall be required for any land development or major preliminary or major final subdivision in the designated growth area.
A.
Minimum required landscaping. Nonresidential and multifamily residential land developments shall have a minimum of 20% landscaping of the total gross lot area, excluding building floor area, impervious surface and sensitive environmental protection features defined in the Newberry Township Comprehensive Plan and Article IV, for the Sensitive Environmental Features Overlay District.[1]
(1)
At least 60% of all trees, shrubs and ground cover required by this section shall be native plants, except that a minimum of 30% of the vegetation chosen for erosion control shall be native plants from Subsection E(1), Vegetation acceptable for erosion control. Plants chosen shall be appropriate for their intended function and location based on plant characteristics in accordance with Subsection E(2), native plants for the landscape. Plants chosen shall be appropriate for their intended function and location based on plant characteristics.
(2)
The required landscaped area shall include a minimum of 12 deciduous or evergreen trees for each gross acre with a minimum of two-and-a-half-inch caliper at time of planting. As an alternative, six trees for each one acre shall be required if deciduous trees are four inches in caliper or greater at the time of planting and evergreen trees are nine feet in height or greater at the time of planting. A combination of tree sizes is permitted where at least one larger sized tree may be substituted for two smaller sized trees.
(3)
Five deciduous shrubs or hedges may be substituted for one deciduous tree for a maximum of 20% of the tree requirement.
(4)
The preservation of existing deciduous or evergreen trees of four-inch caliper or greater within the net lot area may be substituted for 50% of the tree requirement. (Net lot area for this section shall be total gross lot area minimum building floor area, impervious surface and sensitive environmental features as defined in the Newberry Township Comprehensive Plan and Article IV, for the Sensitive Environmental Features Overlay District.[2] The number of existing trees must meet or exceed 50% of the number of trees required in Subsection A(1).
(5)
The remaining area required to be landscaped shall be ground cover.
(6)
Cost estimate for posting of securities shall be provided in accordance with Chapter 344, Subdivision and Land Development, of this Code.
(7)
All trees, shrubs, hedges or ground cover that die or are destroyed shall be replaced within six months by the applicant.
C.
Screening.
(1)
Deciduous trees shall have a minimum caliper measurement of 2 1/2 inches, measured a minimum of six inches above the soil line.
(2)
Coniferous trees shall have a minimum height of six feet.
(3)
Evergreen shrubs, except for those used as low ground covers, shall have an average height of 20 inches.
(4)
Deciduous shrubs shall have an average height of 30 inches.
(5)
Trees with less than three inches in caliper shall be properly staked or trees with more than three inches in caliper shall be guyed and be properly protected for a period of one year from the date of planting.
(6)
Any nylon rope used in balling the tree must be cut and removed from the root ball.
(7)
Trees and shrubs shall be hardy, not prone to disease or pests and suitable for use as a screening hedge including dense foliage.
(8)
Shrubs to be used on slopes steeper than three to one shall be chosen from Subsection E(1), Vegetation acceptable for erosion control. Ground cover to be used on slopes steeper than three to one shall be chosen from the list titled "Vegetation Acceptable for Erosion Control" in Subsection E(1) below, except that no more than 50% of berm area may be composed of ornamental grass or legume mixture.
(9)
Mulch for grass seed mix must be straw mulch as specified in PennDOT Publication 408 ("Pub. 408"), except that slopes steeper than three to one shall receive erosion control blankets/mats as specified in Pub. 408. Mulch shall be placed around trees, shrubs and ground cover. Mulch shall be shredded bark or other organic mulch, if approved by Township officials, in continuous beds surrounding vegetation. Mulch shall not be the sole cover, but shall be used in conjunction with vegetative ground cover which shall cover 95% of the area within two years of planting. A system of staking, matting and/or netting shall be installed on slope/mound areas steeper than three to one to be mulched, but that will not inhibit vegetative growth and that will not be visible two years after planting.
(10)
Stabilization measures shall include erosion control blankets or mats as specified in PennDOT Pub. 408 for slopes steeper than three to one.
D.
Landscape plan. All landscaping shall be drawn to scale on a site development plan and submitted to the Zoning Officer prior to the issuance of a zoning permit or with the land development or major preliminary or final subdivision application. The landscape plan shall be prepared and certified by a landscape architect licensed by the Commonwealth of Pennsylvania. The landscape plan shall contain the following data as a minimum:
(1)
An on-site inventory identifying type, size and height of existing plant materials.
(2)
A plant schedule describing plant materials, including names (common and botanical), location, qualities, caliper sizes, heights, spread, and spacing at installation.
(3)
Location, height and type of plant material proposed for buffer yards, screening and fencing.
(4)
The manner in which trees and shrubs are to be planted shall be indicated on a tree and shrub planting detail.
(5)
The manner in which lawn areas and ground cover are to be planted shall be indicated on a ground cover detail.
(6)
A description of how existing healthy trees are proposed to be retained and protected from damage during construction should be described in the construction detail.
(7)
Size, height, location and material of proposed seating, lighting, planters, sculptures and water features.
E.
Native plant requirements. The use of native species benefits land developers by reducing landscape maintenance costs and will benefit the community and the environment by reestablishing a native plant community.
(1)
Vegetation acceptable for erosion control is as follows:
KEY: |
S = Shrub |
Gc = Ground cover |
N = Native |
Type | Botanical Name | Common Name |
|---|---|---|
S | Cornus alba | Siberian dogwood |
S, N | Cornus sericea | Red osier dogwood |
S, N | Cornus racemosa | Gray dogwood |
S | Cotoneaster apiculata | Cranberry cotoneaster |
Gc | Cotoneaster horizontalis | Ground cotoneaster |
S | Calluna vulgaris | Scotch heather |
S | Forsythia suspensa | Weeping forsythia |
S | Various types of ornamental grasses | |
Gc | Juniper conterta | Shore juniper |
Gc | Juniper horizontalis | Creeping juniper |
Gc | Juniper sabina | "Savin" juniper |
S, N | Myrica pensylvanica | Northern bayberry |
Gc | Pachysandra terminallis | Japanese spurge |
Gc | Stephandra incisa "crispa" | Crispa cutleaf stephandra |
Gc, N | Symphoricarpos x chenaultii "Hancock" | Prostrate Chenault coralberry |
S | Yucca filementosa | Candles of heaven |
Gc | PennDOT formula "W" grass-legume seed mix, (tall fescue, birdsfoot trefoil, redtop) | |
S, N | Rhus aromatica | Fragrant sumac |
(2)
Native plants acceptable for landscaping are as follows:
(a)
Shrubs.
[1]
Azalea, sweet (Rhododendron arborescens): to 10 feet; white-pink flowers; rich, moist, acid soil; mostly sun.
[2]
Azalea, rhodora (Rhododendron canadense): three feet to four feet; very hardy; lavender-white flowers; rich, acid soils.
[3]
Azalea, flame (Rhododendron calendulaceum): to eight feet; red to gold flowers mid-May; acid, well-drained soil.
[4]
Azalea, mountain (Rhododendron, canescens): to 10 feet; pink to white, fragrant flowers; rich woodland soils.
[5]
Azalea, pinxter (R. periclymenoides): to 10 feet; small pink flowers; woodland, sun to part shade; rich acid soil.
[6]
Azalea, roseshell (R. prinophyllum): to eight feet; pink, fragrant flowers in May; sun to part shade; moist, acid soils.
[7]
Azalea, swamp (R. viscosum): to six feet; fragrant white flowers; sun-part shade; rich, moist, acid soils.
[8]
Blueberry, highbush (Vaccinium corymbosum): six feet to 12 feet; sun to part shade; moist woods, bogs and swamps.
[9]
Chokeberry, red (Aronia arbutifolia): five feet to eight feet upright shape; fall foliage in shades of red; holds fruit into winter.
[10]
Chokeberry, black (A. melanocarpa): three feet to five feet thicket-forming shrub; black berries; good wildlife value.
[11]
Bayberry (Myrica pensylvanica): to nine feet; grows well on poor, sandy acid soils; blue-gray berries; wildlife.
[12]
Bearberry (Arctostaphylos uva-ursi): thick ground cover; dark red fall fruits; needs sun and well-drained soil.
[13]
Buttonbush (Cephalantus occidentalis): to 10 feet; needs moist to wet soil; ponds and streams; yellow fall color.
[14]
Carolina allspice (Calycanthus floridus): to six feet; large glossy leaves; dense border screen; sun to light shade.
[15]
Cinquefoil, shrubby (Potentilla fruticosa): three feet to four feet; yellow flowers June until frost; shrub border; sun to moisture.
[16]
Dogwood, pagoda (Cornus alternifolia): to 25 feet; border, screening; purple fruit; maroon fall color; moist soil.
[17]
Dogwood, silky (C. amomum): to 10 feet by 10 feet; shrub border; blue fruit; deep red fall foliage; wet to dry soil.
[18]
Dogwood, gray (C. racemosa): to 15 feet; shrub border; white flowers and fruit; maroon fall color; sun to shade.
[19]
Dogwood, red osier (C. sericea): to eight feet; shrub border; bright red stems, white flowers and fruits; accent plant.
[20]
Elderberry (Sambucus canadensis): to 12 feet; fast-growing; meadows and edges of woodlands; edible berries.
[21]
Hazelnut (Corylus americana): to six feet to 10 feet; erect growth; fruits reddish, ornamental; adapted to shade.
[22]
Inkberry (Ilex glabra): six feet to nine feet; evergreen; black berries; shrub border; moist to wet soils; sun to shade.
[23]
Mountain laurel (Kalmia latifolia): to eight feet; difficult to grow; requires acid soil, good moisture and drainage.
[24]
Rhododendron, rosebay (Rhododendron maximum): to 15 feet; white flowers; light to full shade; rich, moist soil.
[25]
Shadbush; Serviceberry (Amelanchier canadensis): to 20 feet; woodlands, moist, acid soil; white flowers.
[26]
Saint-John's-wort (Hypericum prolificum): to three feet; yellow flowers, dark green foliage; needs dry/moist soils; sun.
[27]
Spicebush (Lindera benzoin): to 12 feet; early flowering shrub; tolerates wet soils; red fruits eaten by birds.
[28]
Strawberry bush (Euonymus americana): to six feet; shrub border; moist soil; partial shade; red fruit/grn. stems.
[29]
Sumac, fragrant (Rhus aromatica): to six feet; banks, borders; sun to part shade; yellow flowers; good fall color.
[30]
Sumac, shining (Rhus copallina): to 25 feet; large-scale plantings; attractive dark green foliage; spreads.
[31]
Sumac, smooth (Rhus glabra): to 15 feet; large-scale plantings; sun to light shade; scarlet stems in fall.
[32]
Sumac, staghorn (Rhus typhina): to 25 feet; sun to light shade; banks, highways; excellent fall color.
[33]
Sweet pepperbush (Clethra alnifolia): three feet to six feet; spikes of small white flowers; wetland shrub; light shade.
[34]
Viburnum, mapleleaf (Viburnum acerifolium): five feet to six feet; good understory, bird plant; woodland, deep shade.
[35]
Viburnum, arrowwood (V. dentatum): four feet to eight feet; white flowers (June); shrub border; tolerates dry soils.
[36]
Viburnum, nannyberry (V. lentago): 20 feet; white flowers in May, black berries; woodland edge, wildlife plant.
[37]
Viburnum, blackhaw (V. prunifolium): to 15 feet; sun to part shade; medium to dry soil; edible berries; shrub border.
[38]
Winterberry (Ilex verticillata): to eight feet; shrub border; dark green foliage; scarlet berries; good winter contrast.
(b)
Small trees.
[1]
American hornbeam (Carpinus caroliniana): to 35 feet; blue-gray bark; sun to shade; moist soils along streams.
[2]
Serviceberry (Amelanchier arborea): to 30 feet; rocky bluffs and upper slopes; white flowers (April).
[3]
River birch (Betula nigra): to 50 feet; needs sun and moisture; streambanks, swales; pinkish, exfoliating bark.
[4]
Redbud (Cercis canadensis): to 40 feet; magenta flowers; sun to part shade; moist soil; woodland edges.
[5]
Fringe tree (Chionanthus virginicus): to 25 feet; fragrant fringe of white flowers; well-drained, moist, acid soil.
[6]
Eastern dogwood (Cornus florida): to 30 feet; large white flowers; red fruits; woodland edges; good fall color.
[7]
Witch hazel (Hamamelis virginiana): to 20 feet; sun to shade; moist woodlands; yellow to orange fall color.
[8]
Eastern red cedar (Juniperus virginiana): to 30 feet; evergreen foliage from light green to blue; columnar; field.
[9]
Pawpaw (Asimina triloba): to 30 feet; sun, moist soil; pendulant yellow leaves in fall; edible fruit in fall.
[10]
Persimmon (Diospyros virginiana): to 50 feet; woodland edges, floodplains and old fields; edible fruits.
(c)
Shrubs or small trees for dry, sunny sites.
Common Name | Botanical Name |
|---|---|
Bayberry | Myrica pensylvanica |
Bearberry | Arctostaphylos uva-ursi |
Eastern red cedar | Juniperus virginiana |
(d)
Shrubs or small trees for moist sites, i.e., edges of ponds, streams, swamps and lower slopes of hills. Most will tolerate somewhat drier conditions as well.
Common Name | Botanical Name |
|---|---|
Chokeberry | Aronia arbutifolia, A. melanocarpa |
Elderberry | Sambucus canadensis |
Inkberry | Ilex glabra |
Rosebay | Rhododendron maximum |
Shrubby dogwoods | Cornus sericea, C. amomum, C. racemosa |
Spicebush | Lindera benzoin |
Sweet pepperbush | Clethra alnifolia |
Winterberry | Ilex verticillata |
Witch hazel | Hamamelis virginiana |
(e)
Shrubs or small trees for wetlands or seasonally flooded sites or at the edge of water bodies.
Common Name | Botanical Name |
|---|---|
American hornbeam | Carpinus caroliniana |
Buttonbush | Cephalanthus occidentalis |
Inkberry | Ilex glabra |
River birch | Betula nigra |
Spicebush | Lindera benzoin |
Swamp azalea | Rhododendron viscosum |
Sweet pepperbush | Clethra alnifolia |
Winterberry | Ilex verticillata |
(f)
Shrubs or small trees for shaded sites.
Common Name | Botanical Name |
|---|---|
Azaleas | Rhododendron canadense, R. claendulaceum, R. periclymenoides |
Hazelnut | Corylus americana |
Mapleleaf viburnum | Viburnum acerifolium |
Mountain laurel | Kalmia latifolia |
Rhododendrons | Rhododendron maximum |
(g)
Shrubs or small trees for wildlife food and cover.
Common Name | Botanical Name |
|---|---|
Bayberry | Myrica pensylvanica |
Chokeberry | Aronia melanocarpa, A. arbutifolia |
Elderberry | Sambucus canadensis |
Inkberry | Ilex glabra |
Winterberry | Ilex verticillata |
Serviceberry | Amelanchier canadensis, A. arborea |
Shrubby dogwoods | Cornus amomum, C. racemosa, C. sericea |
Spicebush | Lindera benzoin |
Sumacs | Rhus glabra, R. copallina, R. typhina |
Viburnums | Viburnum prunifolium, V. lentago, V. dentatum, V. acerifolium |
(h)
Large trees.
[1]
Eastern hemlock (Tsuga canadensis): large evergreen tree; long-lived; food and cover for songbirds.
[2]
Eastern white pine (Pinus strobus): large evergreen tree; blue-green foliage; moist/dry soils; wildlife.
[3]
American beech (Fagus grandifolia): to 60 feet; rich, moist soils; smooth gray bark; good ornamental; wildlife.
[4]
Black gum (Nyssa sylvatica): to 70 feet; sun to light shade; acid soil; white flowers; spectacular red fall color.
[5]
Black walnut (Juglans nigra): to 75 feet; found on rich, moist soils; edible nuts preferred by many mammals.
[6]
Black willow (Salix nigra): to 30 feet; found on streambanks and in wet meadows; streambank protection.
[7]
Red maple (Acer rubrum): to 75 feet; grows best in wet soils; red fall color; good ornamental and wildlife tree.
[8]
Sugar maple (Acer saccharum): to 80 feet; moist slopes; excellent ornamental; brilliant fall color; wildlife.
[9]
Sycamore (Platanus occidentalis): to 125 feet; streambanks and floodplains; white/green flaking bark; wildlife.
[10]
Northern red oak (Quercus rubra): to 90 feet; moist to dry soils; acorns provide food for many birds/mammals.
[11]
Pin oak (Quercus palustris): to 60 feet; typically requires wet to moist soils; acorns, food for wetland animals.
[12]
White oak (Quercus alba): 80 feet to 100 feet; moist to dry soils; produces acorns every year; important wildlife tree.
[13]
White ash (Fraxinus americana): to 80 feet; moist, rich soils; good ornamental; yellow to maroon fall color.
[14]
Mockernut hickory (Carya tormentosa): 50 feet to 75 feet; moist, open woods and slopes; nuts large with thick shells.
[15]
Shagbark hickory (Carya ovate): 70 feet to 80 feet; rich soils on slopes and in valleys; provides excellent wildlife food.
[16]
Shellbark hickory (Carya lachiniosa): 80 feet to 100 feet; moist to wet fertile bottomlands in southern pennsylvania; wildlife.
(i)
Native grasses and wildflowers for ground cover, wildlife or aesthetics.
[1]
Big bluestem (Andropogan gerardii): height, three feet to seven feet; clumping, vertical, deep blue stem; purple seedhead.
[2]
Bushy bluestem (Andropogan glomeratus): to four feet; large, cottony flowers; full sun; moist-wet, rich soils.
[3]
Broom sedge (Andropogan virginicus): to three feet; full sun; poor soils in assoc. with eastern red cedar; orange in fall.
[4]
Pennsylvania sedge (Carex pensylvanica): less than one foot; never needs mowing; clumps; dry shade/trees.
[5]
Northern sea oats/river oats (Chasmanthium latifolium): to three feet; aggressive; moist woodlands; adaptable.
[6]
Fraser sedge (Cymophyllus fraseri): to one inch; rich, cool, moist woodlands; evergreen, leaves red in winter.
[7]
Hairgrass, tufted (Deschampsia cespitosa): to three feet; medium/moist soil; semi-shade; clumps with airy panicles.
[8]
Purple lovegass (Eragrostis spectabilis): to two feet; dry, poor soils; full sun; delicate purple flowers.
[9]
Soft rush (Juncus effusus): to three feet; bright green, spiky plant; very moist to wet soil; pond edge; mostly sunny.
[10]
Muhly grass (Muhlenbergia capillaris): two feet clumps; fine textured, light green blades; sun; poor soil; accent.
[11]
Switchgrass (Panicum virgatum): to three feet to seven feet; winter wildlife cover; accent plantings; yellow fall color; sun.
[12]
Sideoats grama (Bouteloua curtipendula): to three feet; nearly any soil; seeds hang uniformly on side of stems.
[13]
Little bluestem (Andropogan scoparius): two feet to three feet; wildflower meadows; accents; red-gold fall color; sun.
[14]
Indian grass (Sorghastrum nutans): to five feet; clumps of green with yellow flowers; July; copper plumes; sunny.
[15]
Eastern gamma grass (Tripsacum dactyloides): to three feet to six feet; coarse textured clumps; moist-boggy soils; sun.
[16]
Sundrops (Oenothera fructicosa): herbaceous perennial; meadows, dry fields, roadside banks.
[17]
Butterfly weed (Asclepias tuberosa): herbaceous perennial; dry woods, old fields; bright orange flowers.
[18]
Wild blue phlox (Phlox divaricata): herbaceous perennial; blue to pink flowers; rich soil, deciduous woods.
[19]
Indian paintbrush (Castilleja coccinea): herbaceous annual/biennial; moist meadows; brilliant flowers.
[20]
Beardtongue (Penstemon digitalis): herbaceous perennial; meadows, old fields and roadsides.
[21]
Common yarrow (Achillea millefolium): to three feet; perennial, white to pink flowers; tolerates poor soils.
[22]
Boneset (Eupatorium peffoliatum): to five feet; perennial with persistent white flowers; wet meadows, floodplains.
[23]
New England aster (aster novae-angliae): two feet to six feet; purple flowers, late summer; meadows; butterfly nectar.
[24]
Blazing star (Liatris spicata): to three feet; perennial; moist meadows, roadsides; lavender flower spikes; sun.
[25]
Prairie coneflower (Ratibida pinnate): to five feet; perennial; yellow flowers; dry fields, limestone uplands.
[26]
Black-eyed Susan (Rudbeckia hirta): one foot to three feet; herbaceous biennial; fields, meadows; yellow flowers with brown.
[27]
Ox-eye sunflower (Heliopsis helianthoides): two feet to five feet; perennial; fields, floodplains; food and cover for birds.
[28]
Canada goldenrod (Solidago canadensis): to five feet; perennial; old fields; yellow flowers; nectar for butterflies.
[29]
Stiff goldenrod (Solidago rigida): to five feet, perennial; moist fields, rich soil; yellow flowers; August; butterflies.
[30]
Showy goldenrod (Solidago speciosa): to four feet; perennial; moist meadows, rocky woods; yellow flowers, September.
[31]
Recommendations for vegetating steep slopes: Native legumes such as bush-clover, showy tick-trefoil, et al., are currently much too expensive for any practical applications. A noninvasive, introduced mix of birdsfoot trefoil (Lotus corniculatus) - five pounds/A; redtop (Agrostis alba) - 10 pounds/A; and annual ryegrass (Lolium multiflorum) - 10 pounds/A is suggested.
(j)
Native trees or hybrids acceptable for street trees.
[1]
Small trees, less than 30 feet in height.
[a]
Serviceberry (Amelanchier arborea, A. canadensis, A. Iaevis and Amelanchier x grandiflora): small trees with medium growth rate; crown widths are 15 feet to 25 feet; shade tolerant, but do well in full sun; attractive bark, flowers and fruit; somewhat sensitive to drought, soil compaction, salt and leaf diseases; prefer moist, well-drained, acid soils. Recommended varieties include cumulus serviceberry (Amelanchier iaevis "cumulus"), majestic serviceberry (Amelanchier iaevis "majestic"), autumn brilliance serviceberry (Amelanchier x grandiflora "A. brilliance"), robin hill serviceberry (Amelanchier x grandiflora "robin hill").
[b]
Eastern redbud (Cercis canadensis): a picturesque small tree with heart-shaped leaves; rose-pink buds in spring before leaves appear; spreading crown, 25 feet to 35 feet; adapted to full sun or light shade; acid to alkaline, well-drained soils; needs occasional fertilization; select only trees from northern seed sources.
[c]
Hawthorn (Crataegus spp): very tough, small flowering tree; acid to alkaline soils, droughty to wet, light to heavy; select for form and branching habit, disease resistance and absence of dangerous thorns. Recommended varieties include thornless cockspur hawthorn (Crataegus crus-galli var. inermis), crimson cloud english hawthorn (Crataegus laevigata "superba"), winter king green hawthorn (Crataegus viridis "winter king").
[d]
Flowering crabapples (Malus spp. and hybrids): wide variety of shapes, with crown widths varying from 10 feet to 25 feet; provide attractive flowers and fruit, little fall color; select varieties with insect and disease resistance; most require full sun and moist, well-drained, acid soil. Recommended varieties include adams crabapple (Malus "adams"), harvest gold crabapple (Malus "hargozam"), madonna crabapple (Malus "mazam"), prairifire crabapple (Malus "prairifire"), red jewel crabapple (Malus "jewelcole"), sentinel crabapple (Malus "sentinel"), snowdrift crabapple (Malus "snowdrift"), spring snow crabapple (Malus "spring snow").
[e]
Shubert chokecherry (Prunus virginiana "Shubert"): hardy, vigorous tree with colorful foliage, flowers and fruit; upright branching; tolerates low fertility and dry sites; limited service life (10 to 20 years); "canada red select" has faster growth and more regular branching habit.
[2]
Intermediate trees, 30 feet to 45 feet in height.
[a]
American hornbeam (Carpinus caroliniana): irregular crown 20 feet to 35 feet in width; foliage is yellow, orange and red in fall; bark is bluish gray; prefers well-drained, acid to neutral soil; relatively disease free.
[b]
Imperial honeylocust (Gleditsia tricanthos "impcole"): dense, wide-spreading crown (35 feet to five feet); usually free of thorns and fruit; susceptible to insect damage; tolerates salt, heat, drought and compaction.
[c]
American hophornbeam (Ostrya virginiana): graceful tree with gray-brown bark; crown width is 20 feet to 30 feet; few pest problems; tolerates shade and will thrive in full sun; prefers well-drained, acid soil.
[3]
Large trees, more than 50 feet in height.
[a]
Red maple (Acer rubrum): heights to 75 feet, crown widths from 30 feet to 70 feet; autumn foliage is yellow to red; tolerates partial shade; shallow root system with some surface roots; wet to dry, acid soils. Some recommended varieties include october glory red maple (Acer rubrum "PN 1 0268"), red sunset red maple (Acer rubrum "franksred"), autumn flame red maple (Acer rubrum "autumn flame").
[b]
Sugar maple (Acer saccharum): heights to 80 feet; crown widths from 40 feet to 70 feet; fall foliage is brilliant yellow, orange or red; slow to medium growth rate and good shade tolerance; sensitive to heat, soil compaction and drought. Recommended cultivars include bonfire sugar maple (Acer saccharum "bonfire"), commemoration sugar maple (Acer saccharum "commemoration"), goldspire sugar maple (Acer saccharum "goldspire"), green mountain sugar maple (Acer saccharum "PN1 0285), legacy sugar maple (Acer saccharum "legacy"), Seneca chief sugar maple (Acer saccharum "Seneca chief").
[c]
River birch (Betula pigra "heritage"): heights to 50 feet; crown widths from 30 feet to 35 feet; salmon-colored bark; good resistance to birch borer; limited service life as street tree; prefers moist, well-drained acid soils.
[d]
Hackberry (Celtis occidentalis "prairie pride"): heights to 50 feet; crown widths from 40 feet to 50 feet; yellow autumn foliage; small dark red to purple fruit; tolerates light shade, acid to alkaline soil and wet to dry sites.
[e]
White ash (Fraxinus americana): heights to 80 feet; crown widths from 40 feet to 70 feet; transplants readily; prefers moist and well-drained, acid to neutral soil; tolerates partial shade; yellow to maroon fall colors. Some suggested cultivars include autumn applause white ash (Fraxinus americana "autumn applause"), autumn purple white ash (Fraxinus americana "Autumn Purple"), Champaign County White Ash (Fraxinus americana "Champaign County"), rosehill white ash (Fraxinus americana "rosehill"), skyline white ash (Fraxinus americana "skycole").
[f]
Green ash (Fraxinus pennsylvanica): heights to 65 feet; crown widths from 35 feet to 55 feet; yellow fall foliage; wet to dry, acid to alkaline soils; rapid growth rate; tolerates drought and compaction. Suggested varieties include patmore green ash (Fraxinus pennsylvanica "patmore"), summit green ash (Fraxinus pennsylvanica "summit"), urbanite green ash (Fraxinus pennsylvanica "urbanite").
[g]
Honeylocust (Gleditsia triacanthos): heights to 80 feet; crown widths from 40 feet to 70 feet; yellow fall foliage; provides light shade; transplants readily; tolerates heat, drought, compaction and wide range of soil conditions; select only thornless cultivars. Suggested varieties include moraine honeylocust (Gleditsia triacanthos "moraine"), shademaster honeylocust (Gleditsia triacanthos "PN1 2835"), skyline honeylocust (Gleditsia triacanthos "skycole").
[h]
Sweetgum (Liquidambar styraciflua): height to 75 feet; crown width from 40 feet to 65 feet; glossy, star-shaped leaves; shades of green, yellow, scarlet and purple in fall; needs acid soil, full sun and adequate space for roots. Recommended varieties are gold dust sweetgum (Liquidambar styraciflua "goduzam"), moraine sweetgum (Liquidambar styraciflua "moraine").
[i]
Cucumbertree (Magnolia acuminate): height to 70 feet; crown widths from 30 feet to 55 feet; attractive form and branching habit; full sun to partial shade and calcareous soils; prefers moist, well-drained soil; brown fall color.
[j]
Black gum (Nyssa sylvatica): height to 70 feet; crown widths from 30 feet to 45 feet; foliage is dark, glossy green changing to bright yellow, orange and scarlet in fall; prefers well-drained, acid soil and full sun or light shade; resistant to insects and diseases.
[k]
Swamp white oak (Quercus bicolor): height to 80 feet; crown widths from 50 feet to 80 feet; tolerates drought, salt, soil compaction and some shade; transplants more readily than other white oaks; growth rate is moderate; yellow-brown foliage in autumn.
[l]
Shingle oak (Quercus imbricaria): height to 65 feet; crown widths from 40 feet to 70 feet; transplants well, plant in full sun; tolerates dry soils, but prefers moist, well-drained, acid soils; yellow-brown to russet fall colors.
[m]
Bur oak (Quercus macrocarpa): height to 90 feet; crown widths from 60 feet to 90 feet; intolerant of shade; grows slowly; adapted to wide range of soils, from acid to alkaline and moist to dry; yellow-brown fall foliage.
[n]
Pin oak (Quercus palustris): height to 75 feet; crown widths from 40 feet to 55 feet; transplants readily; requires acid soil free of limestone and full sun; pruning of lower branches for pedestrians/traffic; bronze or red in fall.
[o]
Willow oak (Quercus phellos): height to 75 feet; crown widths from 45 feet to 60 feet; prefers acid soil and full sun; fast growth rate; yellow-brown to russet fall foliage.
[p]
Northern red oak (Quercus rubra): height to 80 feet; crown widths from 45 feet to 65 feet; fast-growing; prefers well-drained, acid soil and full sun; reddish to golden brown fall foliage.
[q]
Shumard oak (Quercus shumardii): height to 80 feet; crown widths from 45 feet to 65 feet; growth rate is moderate to fast; tolerates drought, salt, soil compaction and alkaline soils; prefers sun and well-drained soils; fall colors are reddish brown to scarlet.
[r]
Legend American linden (Tilia americana "wendell"): height to 70 feet; crown widths from 35 feet to 50 feet; prefers moist, fertile soil but tolerates drier sites; shade-tolerant but grows well in full sun; intolerant of salt; bright red buds and twigs in winter.
[s]
Redmond American linden (Tilia americana "redmond"): height to 70 feet; crown widths from 30 feet to 45 feet; intolerant of salt; prefers moist, fertile soil, but tolerates drier sites; transplants readily; shade-tolerant, but grows well in full sun; growth rate is medium to fast with an upright growth habit; new twigs are crimson.
[4]
Suggested street trees are native tree species, cultivars of native species and, infrequently, hybrids of native species. More detailed information on the above-listed street trees is available from Street Tree Fact Sheets by H. D. Gerhold, W.N. Wandell and N.L. Lacasse, a publication of the Municipal Tree Restoration Program. Providing landscape screens and borders using native plants enhances wildlife habitat while, at the same time, lowering requirements for water, fertilizer and pesticides. Since native plants have evolved in concert with regional conditions, they are adapted to local site requirements; require less maintenance than exotic plants; and provide a wide range of beauty and natural diversity.
[5]
The lists of native plants are not intended to be all-inclusive. They were compiled as a sampling of representative plants, which exhibit some of the best characteristics of flower and form, adaptability and wildlife values. Since the lists were assembled with border/screen/open space requirements in mind, they include a number of herbaceous perennial plants and many of the native, large tree species.
F.
Maintenance plan. Landscaping required in this section shall be maintained in a healthy growing condition at all times. It shall be the responsibility of the property owner of record or his delegated representative to properly maintain and care for any landscape screen or other treatment as approved by the Township. In order to ensure proper maintenance of landscaping, a maintenance plan addressing the following shall be required:
(1)
The maintenance plan shall be prepared and certified by a landscape architect, registered and licensed in the Commonwealth of Pennsylvania.
(2)
Project narrative.
(3)
Description of short-term maintenance procedures for the first year following the date of planting.
(4)
Long-term lawn and planting maintenance.
(5)
One-year contractor's warranty of all lawn and plant materials.
§ 380-51 Screening.
A.
The following list describes various levels of screening.
(1)
Level one. This buffer shall contain screening materials which, at maturity, provide intermittent visual obstruction from the ground to a height of four feet, as well as intermittent visual obstruction from a height of four feet to a height of 30 feet. Vegetative screening materials within intermittent visual obstruction areas shall contain horizontal openings no greater than 20 feet in width upon the plant's maturity. Grouping of plant materials is encouraged to achieve a more natural appearance.
(a)
Evergreen trees: minimum five-foot planting height.
(b)
Deciduous trees: minimum two-inch caliper and six-foot planting height.
(c)
Shrubs: eighteen-inch planting height, reaching a minimum of 30 inches within two years. All shrubs (deciduous or evergreen) must have a minimum spread of 12 inches to 15 inches when planted.
(d)
Minimum planting width: 10 feet.
(2)
Level two. This buffer shall contain screening materials which, at maturity, provide semiopacity from the ground to a height of six feet and intermittent visual obstruction from a height of six feet to a height of 30 feet. Vegetative screening materials within intermittent visual obstruction areas shall contain horizontal openings no greater than 20 feet in width, and vegetative screening material within semiopaque areas shall contain openings no greater than 10 feet in width upon the plants' maturity. Grouping of plant material is encouraged to achieve a more natural appearance.
(a)
Evergreen trees: minimum five-foot planting height.
(b)
Deciduous trees: minimum two-inch caliper and six-foot planting height.
(c)
Shrubs: minimum eighteen-inch planting height, reaching a minimum of 30 inches within two years. All shrubs (deciduous and evergreen) must have a minimum spread of 12 inches to 15 inches when planted.
(d)
Minimum planting width: 10 feet.
(3)
Level three. This buffer shall contain screening materials which, at maturity, provide opacity from the ground to a height of 30 feet. Vegetative screening materials within opaque areas shall contain no horizontal openings upon the plants' maturity. Trees within this buffer shall consist primarily of Eastern white pine and Norway spruce grouped to achieve a desired opacity. Screening shall consist of a combination, in longitudinal series, of at least two of the following options:
B.
Uses. The following specific uses or features shall be screened from adjacent properties and from public view from a street in accordance with the following:
(1)
Loading docks or spaces: level three.
(2)
Outdoor storage or any material stocks, or equipment, including but not limited to motor vehicles, farm or construction equipment or other similar items: level three.
(3)
Rooftop equipment shall be visually screened with a wall, fence or permanent enclosure.
(4)
Service entrances and utility facilities: level three.
§ 380-52 Outdoor signs.
A.
General intent. The sign regulations, controls and provisions set forth in this section are made in accordance with an overall plan and program for the provision of public safety, land development, preservation of property values, and the general welfare of the Newberry Township and are intended to:
(1)
Aid in traffic control and traffic safety.
(2)
Preserve and protect property values.
(3)
Lessen congestion of land and airspace.
(4)
Provide against undue concentrations of signs which distract and endanger traffic safety and traffic flow.
(5)
Establish reasonable standards for commercial and other advertising through the use of signs in order to maintain and encourage business activity and development.
(6)
Recognize the rights of the public in roads, streets, highways and the areas adjacent to those roads, streets and highways.
(7)
Preserve the wholesome and attractive character of the Township.
(8)
Recognize that the general welfare includes a community that shall be attractive, as well as healthy, spacious as well as clean, and well-balanced in its growth and development.
B.
General regulations for all signs.
(1)
Signs must be constructed of durable material and maintained in good condition.
(2)
No sign shall be maintained within the Township in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or has loose parts separated from original fastenings.
(3)
Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign must be made safe or removed within five days.
(4)
Advertising painted upon or displayed upon a barn or other building or structure shall be regarded as a flat wall sign and the regulations pertaining thereto shall apply.
(5)
Each sign shall be removed when the circumstances leading to its erection no longer apply.
(6)
Signs may be interior lighted with nonglaring lights, or may be illuminated by floodlights or spotlights that are shielded so that no light is directed or reflected toward any residence within 100 feet of the sign nor toward any public rights-of-way.
(7)
Directly illuminated signs, designed to give forth artificial light directly or through transparent or translucent material from a source of light within such sign, including but not limited to neon, will be permitted within the V, MU, CC, RCO, LI, I and RI Zoning Districts, provided that no light is directed or reflected toward any residence within 100 feet of the sign nor toward any public rights-of-way.
(8)
No sign shall be of the intermittent flashing or rotating type, unless located within the MU, CC, RCO, LI, I and RI Zoning Districts. Within the V Zoning District, intermittent flashing or rotating lighting is not permitted. No sign within the OS, RH, SR, RG, MHP, or R Zoning Districts shall include lighting.
(9)
No sign located within 300 feet of any traffic light shall be illuminated with red, green, or yellow light bulbs or neon tubing.
(10)
All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters.
(11)
Signs must be positioned so that they do not interfere with any clear sight triangle.
(12)
No loud, vulgar, indecent, or obscene advertising matter shall be displayed in any manner, including, but not limited to:
(13)
No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.
(14)
No sign shall be placed in such a position that it will obscure light or air from a building or which would create a traffic danger.
(15)
No sign shall be permitted which is permanently attached to public utility poles or trees which are within the right-of-way of any street.
(16)
No sign located within the Floodplain Protection Overlay shall exceed six square feet of area per side.
(17)
In the event that a symbol, trademark or other such figure is used as a sign post or standard which could be construed to indicate or identify a particular use or business, that symbol, trademark or figure is to be computed as part of the total allowable sign area.
(18)
Except in the case of billboards and directional signs, only those signs referring directly to services, materials or products made, sold, or displayed on the premises shall be permitted.
(19)
No point of any sign, including trim, border and supports, shall be located within 10 feet of any property or street right-of-way line.
(20)
Any sign attached to a building shall not be placed on the roof or be higher than the wall to which it is attached.
(21)
No point of a wall projecting sign shall be located less than 8 1/2 feet above the grade directly below the sign.
(22)
Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window, announcing a sale or similar feature, provided that the latter shall not occupy more than 33 1/2% of the total display window area for a period not to exceed 10 days.
(23)
Determination of size of sign area: The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, including any border framing or decorative attachments, but not including any supporting framework or bracing incidental to the display itself. Where the sign consists of individual letters or symbols attached to a building, wall or window, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.
(24)
Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign; provided, however, for a double-face sign, if the interior angle formed by the two faces of the double-face sign is less than 45° and the two faces are at no point more than three feet from one another, the area of only the larger face shall be included.
(25)
Determination of sign height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction, or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
D.
Prohibited signs. The following type of signs shall not be permitted in the Township:
(1)
Signs of such a design and location that they interfere with, compete for attention with, or may be mistaken for a traffic signal. This shall include any sign visible from the public right-of-way which uses an arrow device or the word "stop." It shall also include signs in which the colors red and green are used either in direct illumination or in high reflection by the use of special preparation, such as fluorescent paint or glass.
(2)
Any sign located in or extending into a public right-of-way, except those owned or operated by a duly constituted government.
(3)
Any freestanding or projecting sign within an area bounded by the intersection of two rights-of-way and 20 feet from such intersection along the rights-of-way, except permanent on-site directional signs less than three feet in height.
(4)
Any freestanding signs utilizing motor vehicles or trailers of any kind, except those trailers manufactured with a sign face permanently attached to it specifically for the purpose of being used as a portable sign.
E.
Sign permits. For signs requiring permits, the following requirements shall apply prior to the erection of said signs:
(1)
Permit applications:
(a)
An application for a permit shall be made at the Township office.
(b)
Application shall be made on a form to be provided by the Township and shall contain the following information and documentation:
[1]
The name(s) and address(es) of the applicant and the landowner.
[2]
A statement from the landowner granting permission for the placement of the sign on the subject property.
[3]
A drawing, to scale, showing the location of the sign with reference to the abutting property lines and streets.
[4]
A drawing, to scale, showing all dimensions of the sign. For a directional sign or an on-premises sign advertising activities being conducted on the property, the drawing shall also contain an accurate representation of the advertising or informative contents of the sign.
[5]
A description of the construction materials of the sign and its manner of installation.
(c)
Each application shall be accompanied by the appropriate fee, as established by the Board of Supervisors.
(d)
All applications shall be reviewed, and permits issued, by the Zoning Officer. No sign permit shall be issued, except in conformity with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.
(e)
Permit issuance. Following permit application approval, a sign permit will be issued by the Zoning Officer upon receipt of all required fees.
(f)
If there is any change in location or dimensions of any sign, or in advertising or informative contents of a sign, a new permit shall be required.
§ 380-53 Zoning requirements for use of on-lot sewage disposal systems.
A.
As of the effective date of this chapter, all future uses that rely upon on-lot sewage disposal systems shall be required to specifically test for and secure one disposal site (field, bed or trench) and another alternate disposal site. Both disposal sites shall be approved by the Sewage Enforcement Officer. Furthermore, the alternate disposal site shall be perpetually protected from excavation, construction and other activities that would result in disturbance of the soil's ability to renovate sewage effluent until such time as the alternate field is activated due to malfunction of the initial disposal site.
B.
Regardless of any maximum lot area requirements listed elsewhere in this chapter, the minimum required lot size may be increased to insure an acceptable level of nitrate-nitrogen in the adjoining groundwater. Such determinations will be made by the PA DEP, through its sewer module review process. In those cases where applicable maximum lot area requirements are exceeded to protect groundwater quality, the applicant shall furnish evidence that the amount of land needed to protect local groundwater is the minimum necessary for such protection.
C.
Every use relying upon on-lot sewage disposal systems shall be required to properly maintain and repair such systems.
§ 380-54 Permanent/temporary occupancy requirements.
A.
No persons or family shall be permitted to permanently reside within any tent, travel trailer, bus, boat, camper, or motor home. However, temporary occupancy of a tent, travel trailer, camper, or motor home shall be permitted within an approved campground or for periods of up to seven days in any calendar year on the property of a friend or relative.
B.
In addition to the above, an individual and his/her family may temporarily reside within a mobile home upon a lot upon which a single-family dwelling is being constructed, but only in compliance with the following:
(1)
Such temporary occupancy shall be permitted only while the owner is actively engaged in the construction of the new dwelling.
(2)
Both the temporary mobile home and the proposed detached dwelling shall comply with all principal use setbacks.
(3)
The temporary mobile home shall be properly connected to all utilities.
(4)
A temporary permit has been obtained in accordance with § 380-81A(16) of this chapter.
(5)
A valid zoning permit has been issued for the dwelling to be constructed.
(6)
Once constructed, the single-family detached dwelling will be promptly occupied by the applicant and his/her family, and the mobile home will be removed within 30 days.
§ 380-55 Operations and performance standards.
A.
All uses proposed within Newberry Township shall operate in compliance with applicable state and federal regulations, as they are periodically amended.
B.
The following lists known governmental regulations associated with various land use impacts. This list in no way excludes or limits federal or state jurisdiction over uses within the Township, but is merely provided for information to applicants and landowners.
(1)
Noise pollution and vibration. Rules and regulations of the Pennsylvania Department of Environmental Protection.
(2)
Air pollution, airborne emissions and odor. Rules and regulations of the Pennsylvania Department of Environmental Protection.
(3)
Water pollution. The Clean Streams Law, June 22, 1937 P.L. 1987, 35 P.S. § 691.1 et seq., as amended.
(5)
Glare and heat. Rules and regulations of the Pennsylvania Department of Environmental Protection.
§ 380-56 Common open space requirements.
A.
Open space and greenway land use and design standards. Protected open space and greenway land in all subdivisions shall meet the following standards:
(1)
Permitted uses on open space and greenway lands. The following uses are permitted in open space and greenway land areas:
(a)
Nature preserve and wildlife sanctuary, and other similar type conservation uses;
(b)
Agriculture, (excluding intensive farming operation).
(c)
Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted, but may not consume more than 75% of the minimum required open space and greenway land.
(d)
Forestry.
(e)
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, shooting ranges, and other uses similar in character and potential impact as determined by the Board of Supervisors.
(f)
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required open space and greenway land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces.
(g)
Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required open space and greenway land, but shall not include driving ranges or miniature golf.
(h)
Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the conservation open space. However, water treatment plants and storage tanks, central sewage treatment plants and lagoons, and a fifty-foot buffer around such facilities shall not be included within the minimum required open space and greenway requirement. In cases where any sewage disposal system serving an individual dwelling is located in an open space and greenway area, the developer shall provide for on-site system maintenance via deed covenants and restrictions or other means approved by the Township. This shall include, but not be limited to, the inspection of the on-site systems and the pumping of septic tanks at intervals of not less than three years from the date of the operation of each system.
(i)
Easements for drainage, access, sewer or water lines, or other public purposes.
(j)
Essential services, specifically those involving underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas, but shall not count toward the minimum required greenway land.
(2)
Open space and greenway design standards.
(a)
Open space and greenway lands shall be laid out in general accordance with the Newberry Township Comprehensive Plan and/or Map of Primary Conservation Areas by incorporating them into proposed open space and greenway areas or avoiding their disturbance in areas proposed for development to ensure that an interconnected network of open space and greenways will be provided. The required open space and greenway land consists of a mixture of primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs). PCAs comprise floodplains, wetlands, and steep slopes (greater than 25%). SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in § 344-42 of Chapter 344, Subdivision and Land Development, of this Code.
(b)
In option one and two conservation subdivisions, the open space and greenway land comprises a minimum of 50% and 60% of the adjusted tract area, respectively. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by Newberry Township, or by a private individual. However, in no case shall less than 30% of the land comprising the adjusted tract area be available for the common use and passive enjoyment of the conservation subdivision residents. These ownership options may be combined so that different parts of the open space and greenway land may be owned by different entities as determined by the Township.
(c)
In option one and two conservation subdivisions, common greens are optional.
[1]
When utilizing this provision, at least 2% to 3% of the required open space and greenway lands may be in the form of common greens. A common green is typically 5,000 to 20,000 square feet in area, with a maximum area of 32,000 square feet, and shall be located internal to the developed areas. The minimum percent of open space in common greens shall be determined as follows:
[2]
A common green may be created and maintained as the open space around which dwellings are arranged. If common greens are utilized, dwellings shall face the common green with the front facade of the dwelling.
(d)
In option three conservation subdivisions, the required open space and greenway land comprises all of the PCAs within the total tract, and may lie within the estate lots. However, because the minimum lot size is one acre, up to 80% of the secondary conservation land may be included within undivided open space, if the developer so chooses.
(f)
Buffers for adjacent public parkland. Where the proposed subdivision adjoins public parkland, a natural open space and greenway buffer at least 150 feet deep shall be provided within the subdivision along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Board of Supervisors may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through no-mow policies and the periodic removal of invasive alien plant and tree species.
(3)
Other requirements.
(a)
No portion of any dwelling or building lot may be used for meeting the minimum required open space and greenway land. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required open space and greenway land.
B.
Permanent open space and greenway protection through conservation easements.
(1)
In options one, two, and three conservation subdivisions. In options one, two, and three conservation subdivisions, the required open space and greenway land shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities.) The determination of necessity shall lie with the Board of Supervisors. A list of permitted uses of open space and greenway lands is contained in §§ 380-33D and 380-56A.
C.
Discretionary density bonuses. Additional density may be allowed by the Board of Supervisors when one of the following public benefits is proposed:
(1)
Public usage of open space and greenway land. The Board of Supervisors may encourage the dedication of land for public use (including active and passive recreation areas, municipal buildings, etc.) according to the following standards:
(a)
A density bonus for greater public usage of open space and greenway land in new subdivisions shall be computed on the basis of a maximum of one dwelling unit per five acres of open space and greenway land or per 2,500 feet of trail that becomes publicly accessible.
(b)
The decision whether to accept an applicant's offer to dedicate open space and greenway land to public usage within a proposed subdivision shall be at the discretion of the Board of Supervisors, which shall be guided by the recommendations contained in the Comprehensive Plan and Open Space Plan (if applicable), particularly those sections dealing with active recreational facilities and passive trail networks.
(2)
Endowment for open space and greenway maintenance.
(a)
When open space and greenway land is to be donated to a land trust or to the Township, the Board of Supervisor may allow up to a 10% density bonus to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the open space and greenway land, including costs associated with active or passive recreation facilities:
[1]
Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved.
[2]
Assuming an annual average interest rate of 5%, the amount designated for the endowment fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm, or organization acceptable to the Board of Supervisors and with experience in managing conservation land and/or recreational facilities.
(b)
Because additional dwellings, beyond the maximum that would ordinarily be permitted, may reasonably be considered to be net of development costs and represent true profit, 75% of the net selling price of the endowment lots shall be donated by the applicant to the Open Space and Greenway Maintenance Endowment Fund for the open space and greenway lands within the subdivision. This fund shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities at the time this entity is created.
(c)
When estimating the projected maintenance costs of the open space and greenway land, open space and greenway land that is not accessible by the conservation subdivision residents for their common enjoyment need not be included in the calculations. Such lands would typically include areas designated on the final plan as land reserved for future agricultural, horticultural, silvicultural, or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement. In such cases, the density bonus shall be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation.
(3)
Implementation. For each of the above categories of public purposes, density bonuses may be implemented by reducing the amount of required open space and greenway land by up to 10%, reducing the minimum lot area requirements by up to 10%, or by a combination of these approaches, at the discretion of the Board of Supervisors. The cumulative reductions may total up to 30%.
D.
Ownership and maintenance of open space and greenway land and common facilities.
(1)
Development restrictions. All open space and greenway land shall be permanently restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space and greenway land at any time, except for those uses listed in § 380-56A of this chapter.
(2)
Ownership options. The following methods may be used, either individually or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space and greenway land ratio of the overall development. Ownership methods shall conform to the following:
(b)
Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open space and greenway land and common facilities shall be held as common element. In addition to the provisions of this section, the requirements of § 344-20J(9) of Chapter 344, Subdivision and Land Development, of this Code, regarding community associations shall be met.
(c)
Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes, and the provisions set forth in § 344-20J(9) of Chapter 344, Subdivision and Land Development, of this Code, regarding community associations. In addition, the following regulations shall be met:
[1]
The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
[2]
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
[3]
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title.
[4]
The association shall be responsible for maintenance and insurance of common facilities.
[5]
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
[6]
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to Newberry Township no less than 30 days prior to such event.
[7]
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(d)
Private conservation organization or York County. With permission of the Township, an owner may transfer either fee simple title of the open space and greenway land or easements on the open space and greenway to a private nonprofit conservation organization or to York County, provided that:
[1]
The conservation organization is acceptable to Newberry Township and is a bona fide conservation organization intended to exist indefinitely.
[2]
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or York County becomes unwilling or unable to continue carrying out its functions.
[3]
The open space and greenway land is permanently restricted from future development through a conservation easement, and the Township is given the ability to enforce these restrictions.
[4]
A maintenance agreement acceptable to Newberry Township is established between the owner and the organization or York County.
(e)
Dedication of easements to Newberry Township. Newberry Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:
(f)
Noncommon private ownership. Up to 80% of the required open space and greenway land may be included within one or more large conservancy lots of at least 10 acres, provided the open space and greenway land is permanently restricted from future development through a conservation easement, except for those uses listed in § 380-56A(1) of this chapter, and that the Township is given the ability to enforce these restrictions.
(3)
Maintenance.
(a)
Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open space and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
(b)
The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of open space and greenway lands and operation of common facilities in accordance with the following requirements.
[1]
The plan shall define ownership.
[2]
The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.).
[3]
The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the open space and greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
[4]
At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one year.
[5]
Any changes to the maintenance plan shall be approved by the Board of Supervisors.
(c)
In the event that the organization established to maintain the open space and greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
(d)
The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of York County.
§ 380-57 Required traffic impact study.
§ 380-58 Grease and oil catchment facilities.
Any use involving the generation of waste grease and/or oil (including vehicle washing activities) shall be required to install traps to collect such greases and/or oils. Such uses shall also demonstrate a regular and proper means of disposal of such greases and oils, as required by applicable state and federal laws. This section shall not apply to the routine and on-site washing of farm machinery.
§ 380-59 Supplementary use provisions.
A.
The following are supplementary use provisions:
(1)
Standards for uses.
(a)
In addition to the general provisions for uses within a particular zoning district established in Articles II and III and the additional general provisions for uses established in the previous sections of Article V herein, these subsequent sections of Article V set forth the supplementary provisions that shall be applied to each use identified herein. These supplementary provisions must be satisfied prior to approval of any application for a certificate of use and occupancy permit, special exception and/or conditional use. The applicant shall be required to demonstrate compliance with these standards and must furnish whatever evidence is necessary to demonstrate such compliance.
(b)
All uses identified subsequently herein Article V must comply with the general provisions for uses within a particular zoning district in which the use is to be located, unless different standards are established in this section; in any case, the more restrictive of the general and supplementary provisions shall apply.
(c)
For the purposes of Article V, any required setbacks shall be measured from the boundary line of the site for which the certificate of use and occupancy permit, special exception or conditional use is requested, regardless of whether or not this line corresponds to a property line or a lease line.
(2)
Adult-related uses. Adult-related uses are permitted as provided in Article II, subject to the following criteria:
(a)
Any adult-related uses shall not be permitted to be located within 1,000 feet of any other adult-related use.
(b)
No adult-related uses shall be located within 1,000 feet of any residentially zoned land.
(c)
No establishment shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:
(d)
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any adult entertainment establishment and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult entertainment establishment to the closest point on the property line of said land use.
(e)
No materials, merchandise, or film offered for sale, rent, lease, loan, or for view upon the premises shall be exhibited or displayed outside of a building or structure.
(f)
Any building or structure used and occupied as an adult-related establishment shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure.
(g)
No sign shall be erected upon the premises pictorially depicting or giving a visual representation of the type of materials, merchandise or film offered therein.
(h)
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
(i)
No adult-related use may change to another adult-related use, except upon approval of an additional conditional use.
(j)
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
(k)
No unlawful sexual activity or conduct shall be permitted.
(l)
No more than one adult-related use may be located within one building or shopping center.
(3)
Agriculture. Agriculture uses, except for intensive farming operation uses, are permitted as provided in Articles II and III, subject to the following criteria:
(a)
Minimum lot area shall be 10 acres.
(b)
Minimum lot width shall be 250 feet.
(c)
Minimum setback requirements:
[1]
Front yard setback shall be 50 feet.
[2]
Side yard setback shall be 50 feet on each side 100 feet total).
[3]
Rear yard setback shall be 50 feet.
[4]
Special setback requirements. Except as provided for in the following subsection, no new slaughter area, area for the storage or processing of manure, garbage, or spent mushroom compost, structures for the cultivation of mushrooms or the raising of commercial livestock, or any building housing commercial livestock shall be permitted within 300 feet of any property line within any residential zoning district.
[a]
The above special setback requirements may be reduced where it is shown that, because of prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from odor, dust, or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special setback requirement to less than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety and general welfare of the community.
[5]
These setbacks shall not apply to agricultural fences that are used to contain agricultural livestock. Such fences shall be set back a minimum of six feet from any adjoining street right-of-way lines.
(d)
Maximum permitted height shall be 150 feet, provided all structures are set back a distance at least equal to their height from all property lines.
(e)
Maximum lot coverage shall be 10%.
(f)
All lanes exclusively serving agriculture uses shall be exempt from driveway and access drive requirements.
(g)
Permitted accessory uses include, but are not limited to, the following:
[1]
Roadside stands for the sale of agricultural products, subject to the following:
[a]
Any structure used to display such goods and related parking shall be no more than 2,000 square feet in size and shall be located at least 25 feet from any property line.
[b]
At least 1/2 of the products displayed for sale must have been produced on the premises.
[c]
Off-street parking shall be provided for all employees and customers.
[2]
Accessory and family day-care facilities, as defined herein.
[3]
Manure storage facilities, subject to the following regulations:
[a]
All manure storage facilities shall be designed in compliance with the most recent provisions of the PA DEP and York County Conservation District.
[b]
All waste storage facilities' designs shall be reviewed by the York County Conservation District. The applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility.
[c]
Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Any design changes during construction or subsequent operation will require the obtainment of another review by the York County Conservation District.
[4]
Other farm occupations as provided for in this chapter.
[5]
One single-family detached dwelling.
(4)
Airports/heliports and airstrips/helipads. Airports/heliports are permitted as provided in Article II, subject to the following criteria:
(a)
Minimum lot area for airports and heliports shall be 30 acres.
(b)
Minimum lot area of airstrips and helipads shall be 10 acres.
(c)
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
(d)
The applicant shall furnish evidence of the obtainment of a license from the Pennsylvania Department of Transportation, Bureau of Aviation, prior to the approval of the application.
(e)
No part of the takeoff/landing strip and/or pad shall be located nearer than 300 feet from any property line, nor within 1,000 feet of any existing residential use.
(5)
Animal hospitals. Animal hospitals are permitted as provided in Articles II and III, subject to the following criteria:
(a)
Minimum lot area. Unless animals are kept inside at all times, each site shall contain at least five acres; otherwise, the minimum lot area requirement of the applicable zoning district shall apply.
(b)
All animal boarding buildings that are not completely enclosed, and any outdoor animal pens, stalls or runways shall be located within the rear yard and screened from adjoining properties, and shall be a minimum of 100 feet from all property lines.
(c)
All outdoor pasture areas shall be enclosed to prevent the escape of animals. All such enclosures shall be set back a minimum of 10 feet from all property lines.
(d)
The applicant shall furnish evidence of effective means of animal and veterinary waste collection and disposal which shall be implemented.
(6)
Automobile filling stations (including minor incidental repair). Automobile filling stations are permitted as provided in Article II, subject to the following criteria:
(a)
The subject property shall have a minimum width of 125 feet.
(b)
The subject property shall front on an arterial or collector road.
(c)
The subject property shall be set back at least 300 feet from the closest point on the exterior lot line of any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.
(d)
The outdoor storage of vehicles awaiting repair shall not be permitted in front of the service building. No more than three vehicles may be stored per service bay, and the storage area for such vehicles shall be screened from all adjoining roads and/or properties. No vehicle shall be stored upon the site for more than one month.
(e)
All structures (including gasoline pump islands, but not permitted signs) shall be set back at least 30 feet from any street right-of-way line.
(f)
No outdoor storage of auto parts shall be permitted.
(g)
All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and oriented away from any adjoining residentially zoned properties.
(h)
The applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(7)
Automobile service. Automobile service facilities involving the reconditioning, service and repair facilities, including, but not limited to, auto mechanics drive-through lubrication services and tires, auto paint, brake, muffler, transmission, windshield, auto body, car radio, and upholstery shop are permitted as provided in Article II, subject to the following criteria:
(a)
All service and/or repair activities shall be conducted within a completely enclosed building.
(b)
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
(c)
No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service or repair operation shall be permitted.
(d)
All exterior vehicle storage areas shall be subject to lot coverage requirements and screened from adjoining residentially zoned properties and roads.
(e)
The storage of unlicensed vehicles is prohibited.
(f)
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residentially zoned property.
(g)
All vehicles shall be repaired and removed from the premises promptly.
(h)
The demolition or junking of automobiles is prohibited. Demolished vehicles or parts thereof shall be removed from the site within two weeks of arrival.
(8)
Bed-and-breakfast inns. Bed-and-breakfast inns are permitted as provided in Articles II and III, subject to the following criteria:
(a)
For the purposes of this chapter, a "bed-and-breakfast" shall be defined as an owner-occupied, single-family detached dwelling, where between one and five rooms are rented to overnight guests on a daily basis for periods not exceeding 14 consecutive days.
(b)
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(c)
All floors above grade shall have direct means of escape to ground level.
(d)
Within the A, R, RR and RH zoning districts, all parking areas shall be set back a minimum of 25 feet from all property lines. Within the V Zoning District, all parking shall be located in the side and/or rear yard, shall be set back at least five feet from adjoining lots, and shall be screened from adjoining lots and streets.
(e)
A bed-and-breakfast may erect one sign no larger than 12 square feet in size, which must be set back 10 feet from all lot lines.
(f)
Meals shall be offered only to registered overnight guests.
(g)
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used.
(h)
The applicant shall furnish proof of approval from the PA Department of Labor and Industry.
(9)
Billboards. Billboard are permitted as provided in Article II, subject to the following criteria:
(a)
No billboard shall be located within 1,000 feet of another billboard.
(b)
All billboards shall be a minimum of 50 feet from all side and rear property lines.
(c)
All billboards shall be set back at least 35 feet from any street right-of-way lines.
(d)
All billboards shall be set back at least 500 feet from any land within a residential zoning district.
(e)
No billboard shall obstruct the view of motorists on adjoining roads, or the view of adjoining commercial or industrial uses, which depend upon visibility for identification.
(f)
No billboard shall exceed an overall size of 300 square feet nor exceed 25 feet in height.
(g)
All properties upon which a billboard is erected shall be regularly maintained so as not to create a nuisance by means of weeds, litter or vector habitation.
(10)
Boardinghouses. Boardinghouses are permitted as provided in Article II, subject to the following criteria:
(a)
Minimum lot area shall be one acre.
(b)
The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.
(c)
Rooms for lodging shall have a minimum gross floor area of 150 square feet.
(d)
No modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(e)
All floors above grade shall have direct means of escape to ground level.
(f)
Parking shall be located in the side or rear yard, shall be set back at least five feet from adjoining lots, and shall be screened from adjoining lots and streets.
(g)
One sign, not to exceed six square feet shall be permitted.
(h)
The applicant shall furnish evidence of approvals granted by the PA Department of Labor and Industry.
(11)
Business park. Business parks are permitted as provided in Article II, subject to the following criteria:
(a)
The business park shall contain nonmotorized transportation facilities, including but not limited to sidewalks, walking paths, greenway linkages which shall be an integral part of the business park. The nonmotorized transportation facilities shall connect all proposed lots and building sites within the business park and provide linkages to adjoining lots and future and existing development. The application shall identity the function or functions of each nonmotorized pathway or greenway and shall design such pathway or greenway to adequately perform such function or functions.
(b)
Permitted uses. The business park shall be permitted to have a mix of those listed as industrial uses in §§ 380-24 and 380-25 and accessory commercial uses limited to the following:
[1]
Banks and financial institutions.
[2]
Restaurants (excluding drive-through facilities).
[3]
Commercial day care.
[4]
School, commercial.
[5]
Emergency services.
[6]
Hotels, motels.
[7]
Health and fitness clubs.
[8]
Convenience stores.
[9]
Medical and dental clinics.
[10]
Emergency services.
[11]
Essential services.
[12]
Municipal uses.
[13]
Public uses.
[14]
Retail sales; no one building to exceed 3,500 square feet in building size.
[15]
Retail services; no one building to exceed 3,500 square feet in building size.
[16]
Wholesale warehousing facilities which do not exceed 20,000 square feet in building size and where clientele are specific users located elsewhere in the business park and retails sales are not conducted.
[17]
Repair of business and office equipment.
(c)
A maximum of 20% of the gross floor area of the buildings within the business park shall be permitted to be developed with such accessory commercial uses. If the development of the businesses parks is proposed in phases, at no time during the development shall the portion of the floor area dedicated toward the accessory commercial uses exceed 20% of the total building floor area within the developed phases of the business park.
(d)
The areas of the business park set aside for the accessory commercial use shall be identified on the plans and shall be so designed to be internal to the business parks and to be accessory and in support of the overall industrial uses within the business park. The commercial uses shall be located within the business park to best facilitate motorized and nonmotorized access.
(e)
The subject property shall front on an arterial or collector road, and all access drives shall be set back at least 200 feet from the intersection of any street rights-of-way. All internal access drives providing access to parcels within the park shall remain private.
(g)
Both public sewer and public water utilities shall be utilized.
(h)
All uses within the park must comply with all applicable federal, state and local regulations.
(j)
The business center shall be permitted to erect one business center sign along each of the center's frontages. At least 50% of the total sign area shall be devoted to advertisement of the business center's name. The size of such sign shall not exceed one square foot for each four feet of frontage contained within the business center. In no case shall a business center sign exceed a maximum size of 100 square feet nor an overall height of 20 feet. In addition, individual uses within the business center may have signs; however, such signs shall be flat wall, wall projecting, or roof signs as described in § 380-52 of this chapter.
(12)
Campgrounds. Campgrounds are permitted as provided in Article II, subject to the following criteria:
(a)
Setbacks. All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any public street right-of-way line.
(b)
Each campground shall contain at least 10 acres. Each campsite shall be at least 3,000 square feet in size and shall either provide parking space for one automobile which will not interfere with the convenient and safe movement of traffic, or equivalent parking shall be provided in a common parking area.
(c)
An internal road system shall be provided. Access roads shall be designed and constructed in accordance with Chapter 344, Subdivision and Land Development, of this Code, and Newberry Township construction improvements specifications standards. On-drive parallel parking shall not be permitted.
(d)
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining residentially zoned properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.
(e)
All campgrounds shall furnish centralized completely enclosed sanitary and garbage collection facilities that are leakproof and verminproof and that shall be set back a minimum of 100 feet from any property line. Such facilities shall be screened from adjoining residentially zoned properties.
(f)
Any accessory retail or service commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these commercial uses shall only have vehicular access from the campground's internal road rather than the public street. All accessory commercial uses and related parking shall be screened from adjoining residentially zoned properties.
(g)
All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as identified on the Official Zoning Map and shall be located on lands that are not characterized by a majority of prime agricultural soils, as defined herein.
(h)
A campground may construct one freestanding or attached sign containing no more than 32 square feet. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference of the principal campground use. Such sign shall be set back at least 10 feet from the street right-of-way line, at least 100 feet from any residential zone, and at least 25 feet from adjoining lot lines.
(i)
A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities. Responsibility for maintenance of the recreation area shall be with the landowner.
(j)
During operation, every campground shall have an office in which shall be located the person responsible for operation of the campground.
(k)
All water utilities, sewage disposal systems, restrooms, solid waste disposal and vector control shall be approved and maintained in accordance with the requirements of the PA DEP.
(l)
All lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties or public streets.
(m)
No permanent structures shall be permitted on any campsite other than fireplaces.
(n)
No recreational vehicles may be parked within a campground for more than 180 consecutive days.
(o)
No persons shall be permitted to permanently reside on any campsite.
(13)
Car washes. Car washes are permitted as provided in Article II, subject to the following criteria:
(a)
Public sewer and public water utilities shall be utilized, and grey water recycling is encouraged. Adequate provision for the collection and disposal of greases shall be demonstrated.
(b)
For automatic and self-service car washes, each washing bay shall provide a 100-foot-long on-site stacking lane which precedes the washing process. For full service car washes, such on-site stacking shall be a minimum of 300 feet per bay.
(c)
For full service car washes, a post-washing drying area shall be provided for no less than six vehicles per washing bay.
(d)
All structures housing washing apparatuses shall be set back 100 feet from any street right-of-way line, 50 feet from any rear property line, and 20 feet from any side lot line.
(e)
Trash receptacles shall be provided and routinely emptied to prevent the scattering of litter, and the applicant shall furnish and implement a working plan for the cleanup of litter and debris.
(f)
The subject property shall front on an arterial or collector road.
(14)
Cemeteries. Cemeteries are permitted as provided in Article III, subject to the following criteria:
(a)
For cemeteries exceeding two acres in size, the applicant must demonstrate the proposed location does not consist of prime farmland.
(b)
All burial plots or structures shall be located at least 20 feet from any property line or street right-of-way line.
(c)
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.
(d)
No burial plots or facilities shall be permitted in the Floodplain Protection Overlay.
(15)
Communication antennas, towers and equipment. Communication antennas, tower and equipment are permitted as provided in Articles II and III, subject to the following criteria:
(a)
Unless co-located upon another existing structure, the applicant shall demonstrate that the proposed location is necessary for the efficient operation of the system.
(b)
All towers and guide wire anchors shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
(c)
No new site shall be located within 500 feet of:
[1]
The nearest property line of any adjoining property used for an existing residential use.
[2]
The nearest property line of any approved lot which has been subdivided during the last five years for residential purposes, which has not yet been constructed.
[3]
The nearest property line of any lot proposed for residential purposes which have been submitted for preliminary or final subdivision plan approval.
(d)
For any new site adjacent to any other properties [than those listed in § 380-59A(15)(c) above], all structures shall be set back from each property line a distance equal to it height, but in no case shall any structure be permitted to be located within any required minimum setback.
(e)
If the site is in an A or RR Zoning Districts, the applicant shall demonstrate that the proposed location is located on the least productive soils (Classes IV through VIII).
(f)
The applicant must be licensed by the Federal Communications Commission (FCC).
(g)
No tower shall be artificially lighted except when required by the Federal Aviation Administration (FAA).
(h)
The application shall submit notice of approval for the proposed installation from the FAA and the FCC.
(i)
The applicant shall submit expert testimony that the communication tower or antenna is the minimum height required to function satisfactorily.
(j)
Any utilities extended to the tower site shall be placed underground.
(k)
The applicant shall submit a plan for the removal of the communication tower and the communication antenna when they become functionally obsolete or are no longer in use. The applicant shall be responsible for the removal of the facility within three months from the date the applicant ceases use of the facility or the facility becomes obsolete.
(l)
In order to reduce the number of antenna support structures needed in the Township in the future, any proposed support structure shall be designed to accommodate the maximum load of carriers and equipment.
(m)
If an antenna site is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift, but in any event may not be less than two off-street parking spaces.
(n)
The maximum size of an equipment shelter should be 500 square feet.
(16)
Day-care facilities, commercial. Commercial day-care facilities are permitted as provided in Article II, subject to the following criteria:
(a)
An outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and screening and buffering shall be in compliance with Article V above herein, but vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
(b)
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
(c)
Passenger dropoff and pickup areas shall be provided on-site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
(d)
All commercial day-care facilities shall obtain and maintain the proper licensure from the Commonwealth of Pennsylvania.
(e)
The applicant shall demonstrate that adequate safeguards are provided to protect students from nearby, intensive commercial and industrial uses.
(17)
Day-care facilities, family. Family day-care facilities are permitted as provided in Articles II and III, subject to the following criteria:
(a)
All family day-care facilities shall be conducted within a detached single-family dwelling.
(b)
A family day-care facility shall offer care and supervision to no more than six different nonresident minors during any calendar day.
(c)
All family day-care facilities with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use, issued by the PA Department of Human Services.
(d)
An outdoor play area no less than 390 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. Outdoor play areas shall be set back at least 25 feet and screened from any adjoining existing residential use or residentially zoned properties with level one screening in accordance with § 380-51 of this chapter, but no vegetative materials located within the outdoor play areas shall be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade, such as a tree(s) or pavilion(s).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(e)
Passenger dropoff and pickup areas shall be provided on-site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
(18)
Dwelling, multifamily. Multifamily dwellings are permitted as provided in Article II, subject to the following criteria:
(a)
Minimum lot area shall be two acres.
(b)
All dwelling units must be connected to public sewer and public water systems.
(c)
Minimum required setbacks. All structures and dumpsters shall be set back at least 50 feet from every property line. Off-street parking and loading shall be set back at least 25 feet from every property line. Interior building setbacks shall be as follows:
[1]
Front to front, rear to rear, or front to rear, parallel buildings shall have at least 0.5 times the average length of the buildings between faces of the building. If the front or rear faces are obliquely aligned, the above distance may be decreased by as much as 10 feet at one end if increased by similar or greater distance at the other end;
[2]
A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between the corners of the end walls of the building may be reduced to a minimum of 20 feet; and
[3]
A minimum yard space of 40 feet is required between end walls and front or rear faces of buildings.
(d)
At least 30% of any multifamily dwelling development site shall be devoted to common open space required by Chapter 344, Subdivision and Land Development, of this Code and § 380-56 of this chapter. Such required open space shall be in addition to any dedicated parklands and/or fees in lieu thereof. The location, design, ownership, and maintenance of such common open space shall be subject to the requirements of § 380-56 of this chapter.
(19)
ECHO housing. ECHO housing is permitted as provided in Articles II and III, subject to the following criteria:
(a)
The elder cottage shall be of portable construction and may not exceed 900 square feet of floor area.
(b)
The total building coverage for the principal dwelling, any existing accessory structures, and the elder cottage together shall not exceed the maximum lot coverage requirement for the respective zoning district.
(c)
The elder cottage shall only be occupied by at least one person who is at least 55 years old, handicapped or disabled, and is related to the occupants of the principal dwelling by blood, marriage or adoption.
(d)
The elder cottage shall be occupied by a maximum of two people.
(e)
Utilities:
[1]
For sewage disposal and water supply and all other utilities, the elder cottage shall be physically connected to those systems serving the principal dwelling. No separate utility systems or connections shall be constructed or used. All connections shall meet the applicable utility company standards; and
[2]
If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Township showing that the total number of occupants in both the principal dwelling and the elder cottage will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review and approval of the Township Sewage Enforcement Officer.
(f)
The required parking for the elder cottage unit shall be all-weather, off-street parking, with unrestricted ingress and egress to the street right-of-way, and shall be provided in addition to that required for the principal dwelling.
(g)
The elder cottage shall be installed and located only in the side or rear yards, and shall adhere to all side and rear yard setback requirements for principal uses.
(h)
The elder cottage shall be removed from the property within three months after it is no longer occupied by a person who qualifies for the use.
(i)
Upon the proper installation of the elder cottage, the Zoning Officer shall issue a temporary zoning permit. Such permit shall be reviewed every 12 months until such time as the elder cottage is required to be removed. A fee, in the amount to be set by the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary zoning permit. Such fee shall be based upon the cost of the annual review of the permit.
(20)
Essential services. Essential service buildings and/or structures are permitted as provided in Articles II and III, subject to the following criteria.
(a)
Front, side and rear yards shall be provided in accordance with the regulations of the zoning district in which the building or structure is located.
(b)
Height of building or structure shall be as required by the specific zoning district the building or structure is located within.
(c)
Unhoused equipment shall be enclosed with a chain link fence six feet in height.
(d)
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the zoning district in which the facility is located.
(e)
Screen planting in residential zoning districts. The required fence for unhoused equipment shall be screened as defined in Article V of this chapter.
(f)
The external design of the building shall be in conformity with the buildings in the zoning district.
(g)
Storage of vehicles. Within the Rural Resource Area Zoning Districts, as well as the residential zoning districts, the permitted public facilities shall not include the storage of vehicles or equipment used in the maintenance of any utility, and no equipment causing noise, vibration, smoke, odor, or hazardous effect shall be installed.
(21)
Farm occupations. Farm occupations are permitted as provided in Articles II and III, subject to the following criteria:
(a)
For the purposes of this section, farm occupations may involve any one of a wide range of uses, so long as it remains secondary to and compatible with the active farm use. Retail sales shall only be permitted incident to the production of goods on the site.
(b)
Only farm residents shall be employed by the farm occupation, and the owner of the farm occupation must reside on the site.
(c)
The use must be conducted within one completely enclosed building. Where practicable, the farm occupation shall be conducted within an existing farm building. However, any new building constructed for use by the farm occupation shall be located behind the farm's principal buildings, or must be no less than 100 feet from any adjoining street rights-of-way or properties.
(d)
Any new building constructed for use by the farm occupation shall be of a design so that it can be readily converted to agricultural use, or removed, if the farm occupation is discontinued.
(e)
No part of a farm occupation shall be located within 100 feet of any side or rear lot line, nor 300 feet of any land within a residential zoning district. Such distances shall be measured as a straight line between the closest points of any physical improvement associated with the farm occupation and the property/zoning line.
(f)
The farm occupation shall occupy no more than 4,000 square feet of gross floor area, nor more than one acre of lot area. However, any driveway serving the farm occupation and the farm shall not be calculated as land serving the farm occupation.
(g)
No more than 50% of the land devoted to a farm occupation shall be covered by buildings, structures, parking or loading areas, or any other impervious surfaces.
(h)
Any sign used for a farm occupation shall not exceed 10 square feet in size.
(i)
For farm parcels of up to 50 acres in size, while the farm occupation is in operation, no nonfarm subdivision of the site shall be permitted.
(22)
Farmers and/or flea markets. Farmers and/or flea markets are permitted as provided in Articles II and III, subject to the following criteria:
(a)
The retail sales area shall be considered to be that of the smallest rectangle, or other regular geometric shape which encompasses all display stands, booths, tables or stalls, plus any adjoining aisles and/or walkways from which consumers can inspect items for sale. The retail sales shall include all indoor and/or outdoor areas as listed above.
(b)
The retail sales area shall be set back at least 50 feet from all property lines, and shall be calculated as part of the maximum permitted lot coverage, regardless of its surface treatment.
(c)
Off-street parking shall be provided at the rate of one space per each 200 square feet of retail sales area and shall be designed and used in accordance with § 380-47 of this chapter.
(d)
Off-street loading shall be calculated upon the retail sales area described above and according to the schedule listed in § 380-48 of this chapter.
(e)
All outdoor display and sales of merchandise shall not begin prior to one hour before the official sunrise and shall cease no less than one hour prior to dusk.
(f)
Any exterior amplified public address system shall be arranged and designed so as to prevent objectionable impact on adjoining properties.
(g)
The applicant shall be required to demonstrate adequacy of sewage disposal and water supply.
(h)
Exterior trash receptacles shall be provided amid any outdoor retail sales area. Such trash receptacles shall be routinely emptied so as to prevent the scattering of litter and debris. All applications shall include a description of a working plan for the cleanup of litter.
(23)
Forestry. Forestry is permitted as provided in Articles II and III, subject to the following criteria where the value of the trees, logs or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement:
(a)
Notification of commencement or completion. For all timber harvesting operations that are expected to exceed two acres, the landowner shall notify the Township Zoning Officer at least 30 business days before the operation commences and within 15 days before the operation is completed. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area and, as applicable, the anticipated starting or completion date of the operation and logging plan. This written notification shall also specify any private roads affected, dates of affect, plans to restore any damages to private roads and contact information for the logging operations submitted to owners abutting the private road used to access the logging site.
(b)
Preparation of a logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified in this subsection. No timber harvesting shall occur until the plan has been prepared and proper notification of commencement is provided to the Township. The provisions of this plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Zoning Officer upon request.
(c)
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(d)
Contents of the logging plan.
[1]
As a minimum, the logging plan shall include the following:
[a]
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
[b]
Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars.
[c]
Design, construction and maintenance of stream and wetland crossings.
[d]
The general location of the proposed operation in relation to Township and state highways, including any accesses to the highways.
[2]
Each logging plan shall include a site map containing the following information:
[a]
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.
[b]
Significant topographic features related to potential environmental problems.
[c]
Location of all earth disturbance activities such as roads, landings and water control measures and structures.
[d]
Location of all crossing of waters of the commonwealth.
[e]
The general location of the proposed operation to Township and state highways, including any accesses to those highways.
(e)
Compliance with applicable regulations. The logging plan shall address and comply with the requirements of all applicable state laws and regulations and Township ordinances, including, but not limited to, the following:
(f)
Relationship of state laws, regulations and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pennsylvania Code Chapter 102 shall also satisfy the minimum requirements for the logging plan and associated map specified previously, provided that all information required by these subsections is included or attached.
(g)
Responsibility for road maintenance and repair; road bonding. The landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. Pursuant to 67 Pennsylvania Code Chapter 189, Newberry Township may require the landowner or operator to furnish a bond to guarantee the repair of such damages.
(24)
Funeral homes. Funeral homes are permitted as provided in Article II, subject to the following criteria:
(25)
Golf courses. Golf courses are permitted as provided in Article II, subject to the following criteria:
(a)
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street right-of-way, access drive, or driveway.
(b)
Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition.
[1]
The golf course design shall minimize golf path crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of the golf path crossings of streets, access drives and driveways. Golf path crossings shall conform to the following:
[a]
Each crossing shall be perpendicular to the traffic movements.
[b]
Only one street access drive or driveway may be crossed at each location.
[c]
No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street access drive or driveway intersection.
[d]
The crossing must be provided with a clear sight triangle of 75 feet, measured along the street, access drive or driveway center line and the golf path center line to a location on the center line of the golf path five feet from the edge of the roadway. No permanent obstruction over three feet high shall be placed within this area.
[f]
The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.
[g]
Golf path crossings shall be signed warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with angle stripes.
[h]
Golf path crossings of collector or arterial streets shall consist of a tunnel that is located below street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of the tunnel. The construction of the collector or arterial roadway crossing of the tunnel shall comply with PennDOT standards.
(c)
All golf course buildings shall be set back 75 feet from any adjoining roads and 100 feet from adjoining existing residential properties.
(d)
Golf courses may include the following accessory uses, provided such uses are reasonably sized and located so as to provide incidental service to the golf course employees and users:
[1]
Clubhouse, which may consist of:
[a]
Restaurant, (excluding drive-through facilities) snack bar, lounge and banquet facilities.
[b]
Locker and restrooms.
[c]
Pro shop.
[d]
Administrative offices.
[e]
Golf cart and maintenance equipment storage and service facilities.
[g]
Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms.
[h]
Game rooms, including card tables, billiards, ping-pong, and other similar table games.
[i]
Babysitting rooms and connected fence-enclosed play lots.
[2]
Accessory recreation amenities located outside of a building, including:
[a]
Driving range, provided the applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on adjoining properties.
[b]
Practice putting greens.
[c]
Swimming pools.
[d]
Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts.
[e]
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and washers courses.
[f]
Picnic pavilions, picnic tables, park benches, and barbecue pits.
[g]
Hiking, biking, horseback riding, and cross-country ski trails.
[h]
Playground equipment and play lot games, including four square, dodgeball, tetherball, and hopscotch.
[3]
Freestanding maintenance equipment and supply buildings and storage yards.
(e)
All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential properties and roads.
(f)
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining roads.
(26)
Greenhouses and nurseries. Greenhouses and nurseries are permitted as provided in Articles II and III, subject to the following criteria:
(a)
The display and sale of items not grown on the premises shall be incidental to the greenhouse/nursery operation. The display and sales area for those items shall be limited to not more than 25% of the total gross display and sales area on the property.
(b)
The display, sale and/or repair of power tools or motorized nursery, lawn or garden equipment shall not be permitted.
(27)
Health and fitness clubs. Health and fitness clubs are permitted as provided in Article II, subject to the following criteria:
(a)
Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses.
(b)
All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, and 25 feet from all other lot lines, and 100 feet from any existing residential use or residentially zoned properties.
(c)
Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building.
(d)
The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets.
(28)
Heavy equipment sales, washing, service and/or repair facilities.
Heavy equipment sales, washing, service and repair uses are permitted as provided in Article II, subject to the following criteria:
(a)
These uses include sales, washing, service and repair of excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers, and other similar machinery.
(b)
All service and/or repair activities shall be conducted within a completely enclosed building.
(c)
All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads.
(d)
All exterior storage and/or display areas shall be screened from adjoining residentially zoned properties. All exterior storage/display areas shall be set back at least 50 feet from adjoining street lines and shall be covered in an all-weather, dust-free surface.
(e)
The storage of junked vehicles, boats, machinery, trucks, trailers, mobile homes and heavy equipment vehicles on the property is prohibited.
(f)
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residentially zoned property.
(g)
All vehicles shall be repaired and removed promptly from the premises.
(29)
Heavy industrial uses. Heavy industrial uses are permitted as provided in Article II, subject to the following criteria:
(a)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
[1]
The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
[2]
The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size.
[3]
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances, including, but not limited to, those of § 380-55 of this chapter.
(30)
Home occupations. Home occupations are permitted as provided in Articles II and III, subject to the following criteria:
(a)
The use shall be clearly incidental to the primary use of the premises as a single-family detached dwelling for living purposes.
(b)
No more than two persons, at least one of whom shall be a resident of the dwelling, may be engaged in the home occupation use.
(c)
No more than one home occupation may be located in any dwelling unit.
(d)
The home occupation shall not alter the appearance of the building as a dwelling unit.
(e)
No mechanical equipment shall be employed in a home occupation, other than that customarily utilized for hobby or domestic purposes.
(f)
No manufacturing shall occur on the premises other than the products of customary hobbies and fabrication of garments by a seamstress.
(g)
No goods shall be displayed so as to be visible from the exterior of the premises.
(h)
Home occupations shall be limited to not more than 25% of the gross floor area of the dwelling unit or 400 square feet of gross floor area, whichever is less.
(i)
No accessory building or structure shall be utilized as a home occupation.
(k)
The applicant shall submit evidence of all applicable state approvals.
(31)
Hospitals. Hospitals are permitted as provided in Article II, subject to the following criteria:
(a)
Minimum lot area shall be five acres.
(b)
Public sewer and public water utilities shall be utilized.
(c)
The subject property shall have frontage along an arterial or collector road.
(d)
Maximum permitted height. Ninety feet, provided that each building and/or structure shall be set back a horizontal distance from each property line at least equal to its height. For buildings exceeding 35 feet, the applicant shall be required to submit expert evidence that sufficient safeguards regarding fire protection and rescue are in place.
(e)
Emergency entrances shall be located on a building wall facing away from adjoining residentially zoned and/or used properties.
(f)
The applicant shall demonstrate proof of an approved means of disposal of all solid, medical, and hazardous wastes.
(32)
Indoor commercial recreation. Indoor commercial recreation facilities are permitted as provided in Articles II and III, subject to the following criteria:
(a)
All activities shall take place in a completely enclosed building.
(b)
The applicant shall furnish evidence as to how the use will not constitute a nuisance due to noise or loitering outside the building.
(d)
Applicant shall furnish expert evidence that all lighting has been arranged to prevent glare on adjoining properties.
(e)
All outdoor storage of maintenance equipment shall be set back at least 100 feet and screened from adjoining residential properties and roads.
(f)
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining roads.
(g)
The applicant shall furnish evidence that approved systems for sewage disposal and water supply shall be used.
(33)
Intensive farming operation. Intensive farming operation uses are permitted as provided in Article III, subject to the following criteria:
(a)
The development of new intensive farming operations, or the expansion of existing intensive farming operations, subject to the following conditions:
[1]
Minimum lot area shall be 50 acres. Where a lot is comprised of more than one tract, the owner of such tracts shall combine them under a single deed, which will preclude individual tracts being placed in separate ownership without processing a subdivision plan. The deed shall be recorded in the York County Register and Recorders Office, and a copy of such deed shall be included in the application.
[2]
The following setbacks are required:
[a]
For new intensive farming operations, the structure housing the intensive farming operation shall be located no closer than 100 feet from any side or rear property line, no closer than 1,000 feet from any dwelling or water well not owned by the owner of the intensive farming operation, and no closer than 1,000 feet from any place of worship or school. For expansions of existing intensive farming operations, any additional lot coverage shall not be located on the property in such a manner that would increase the degree of nonconformity of the existing operation, if such nonconformity exists, with the setback requirements established by this section.
[b]
New intensive farming operations or expansions of existing intensive farming operations receiving manure from a CAO directly or indirectly through a broker or other person shall not mechanically land apply manure within 100 feet of a stream, lake, or pond, unless a vegetated buffer no less than 35 feet in width and meeting standards established by the Natural Resources Conservation Service (NRCS) is used to prevent manure runoff into the water body.
[3]
Max lot coverage: 10%.
[4]
Maximum permitted height: 150 feet, provided all structures are set back a distance at least equal to their height from all property lines.
[5]
For new intensive farming operations or expansions of existing intensive farming operations, which require a nutrient management plan in accordance with the Pennsylvania Nutrient Management Act,[1] the applicant shall demonstrate that such plan has been prepared and submitted to the York County Conservation District for review prior to the formal review and any subsequent action by the Township. Further, the applicant shall demonstrate that such plan has been approved by the York County Conservation District prior to the issuance of the zoning permit in accordance with Article VIII of this chapter.
[1]
Editor's Note: The Nutrient Management Act was repealed 7-6-2005 by P.L. 112, No. 38. See now 3 Pa.C.S.A. § 501 et seq.
[7]
The applicant shall demonstrate satisfactorily that the methods of disposing of dead animals are in strict compliance with applicable standards established by the PA DEP. Dead turkeys, chickens, or piglets shall be kept in airtight containers. Larger dead animals shall be kept in a manner so as to minimize the spread of odors and disease.
[8]
A land development plan shall be submitted in accordance with the requirements of Chapter 344, Subdivision and Land Development, of this Code.
(34)
Junkyards. Junkyards are permitted as provided in Articles II and III, subject to the following criteria:
(a)
Minimum lot area shall be 10 acres.
(b)
The outdoor area devoted to the storage of junk shall be completely enclosed by an eight-foot-high, sight-tight fence which shall be set back at least 50 feet from all property lines and 100 feet from residentially zoned and existing residential properties.
(d)
All completely enclosed buildings used to store junk shall be set back at least 50 feet from all property lines.
(e)
No material may be stored or stacked so that it is visible from adjoining properties and street rights-of-way.
(f)
All additional federal and state laws shall be satisfied.
(g)
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.
(h)
No material shall be burned at any time.
(i)
No junkyard shall be maintained in such a manner as to cause any public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors.
(j)
No junkyard shall be located on land with a slope in excess of 5%.
(k)
All junkyards shall comply with Chapter 243, Junkyards, of the Code of the Township of Newberry.
(l)
All vehicles within the junkyard shall be completely drained of fuel, lubricants, battery fluid, transmission fluid, brake fluids, coolants, and air-conditioning fluids.
(35)
Kennels. Kennels are permitted as provided in Articles II and III, subject to the following criteria:
(a)
Minimum lot area shall be 10 acres.
(b)
Any structure used for the boarding of horses and/or dogs shall be set back at least 300 feet from any property line.
(c)
All kennels shall be maintained so to minimize odors perceptible at the property line.
(d)
All outdoor boarding or running areas shall be enclosed by a minimum four-foot-high fence, which is located at least 25 feet from all property lines.
(e)
All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.
(f)
The applicant shall furnish evidence of an effective means of animal waste disposal which shall be implemented.
(36)
Laboratories for medical, scientific, or industrial research and development. Laboratories for medical, scientific, or industrial research and development are permitted in Article II, subject to the following criteria:
(a)
The applicant shall provide a detailed written description of the proposed use in each of the following topics:
[1]
The nature of the on-site operations, the materials use, the products produced, and the generation and methods of disposal of any wastes and/or by-products. In addition, the applicant shall furnish evidence that the storage and disposal of materials will be accomplished in a manner what complies with state and federal regulations.
[2]
The total number of employees on each shift and overall needed site size.
[3]
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
(37)
Medical or dental clinic. Medical or dental clinics are permitted as provided in Article II, subject to the following criteria:
(a)
Public water and public sewer shall be used.
(b)
Any accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:
[1]
All entrances to parts of the building in which these accessory services are provide shall be from within the building and shall not be directly accessible without passing through the building.
[2]
The hours during which these services are provided shall be the same as those during the regular operation of the principal clinic.
(38)
Mini warehouses.
(a)
Mini warehouses are permitted as provided in Articles II and III, subject to the following criteria:
[1]
Parking shall be provided by parking/driving lanes adjacent to the buildings. These lanes shall be at least 24 feet wide when cubicles open onto one side of the lane or when cubicles open onto both sides of the lane.
[2]
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned land and adjoining roads and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative vehicles.
[3]
All storage shall be kept within an enclosed building except that the storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
[4]
An on-site manager shall be required to be on the site on a full-time basis (40 hours/week) and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval and all applicable ordinances. Any dwelling for a resident manager shall comply with all of those requirements listed for dwellings within specific the zoning districts and shall be entitled to all residential accessory uses provided in this chapter.
[5]
Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials, the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture is prohibited.
[6]
No door openings for any mini warehouse storage unit shall be constructed facing any residentially zoned property.
[7]
Mini warehouses shall be used solely for the dead storage of property. The following lists examples of uses expressly prohibited upon the site:
[a]
Auctions, commercial wholesale or retail sales, or garage sales.
[b]
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
[c]
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
[d]
The establishment of a transfer and storage business.
[e]
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(b)
The applicant shall adequately demonstrate that all mini warehouse rental and/or use contracts shall specifically prohibit these uses.
(39)
Mobile home parks. Mobile home parks are permitted as provided in Article II, subject to the following criteria:
(a)
A mobile home park shall contain a minimum of five acres.
(b)
All mobile home parks shall be served by public water and public sanitary sewer utilities.
(c)
Maximum density in a mobile home park shall be five units per acre.
(d)
All mobile home lots or areas shall contain at least 4,250 square feet.
(e)
Each mobile home lot shall have a minimum front yard of 30 feet, rear yard of 25 feet, and two side yards of 10 feet each. In no case shall the distance between any two mobile homes be less than 25 feet (these setbacks shall also apply to mobile home park office, service, utility, or other buildings).
(f)
All mobile home parks shall be provided with a perimeter landscape buffer strip that is at least 50 feet wide. Such width shall be measured from adjoining property and rights-of-way lines.
(h)
Each mobile home shall be provided with a minimum of two paved parking spaces containing at least 180 square feet of bituminous or concrete surface, which shall be located on the mobile home lot. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to any unit served. Access to all parking spaces shall be limited to interior roads of the mobile home park; in no case shall access to such parking spaces be provided from adjoining public roads.
(i)
Interior mobile home park roads with no on-street parking shall be paved with an all-weather, bituminous surface at least 24 feet wide. An additional width of 10 feet shall be provided for each lane of on-street parking.
(j)
Individual mobile home owners may install accessory or storage sheds, extensions and additions to mobile homes, and exterior patio areas. Any such facilities so installed shall not intrude into any required front, side, or rear yard, and, in every case, shall substantially conform in style, quality, and color to the existing mobile homes.
(k)
There shall be a minimum of 25% of the gross acreage of the mobile home park devoted to active and/or passive common recreational facilities. Responsibility for maintenance of the recreational areas shall be with the landowner and/or the operator. Should the landowner and/or the operator neglect to maintain the designated recreational areas as depicted on the plan, the Township may then maintain said areas and assess the landowner for any costs incurred.
(40)
Nightclubs and taverns. Nightclubs and taverns are permitted as provided in Article II, subject to the following criteria:
(a)
No part of the subject property shall be located within 300 feet of any existing residential land use and 100 feet from any residentially zoned land.
(b)
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.
(c)
The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.
(d)
All structures on the subject property shall be screened from any adjacent residential use. Screening and buffering in compliance with Article V above herein shall be provided.
(e)
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
(41)
Noncommercial keeping of livestock. Noncommercial keeping of livestock is permitted as provided in Article II and III, subject to the following criteria:
(a)
Except in the A and RR Zoning Districts where the minimum lot area shall be two acres, the minimum lot area for all other zoning districts where this use is permitted shall be five acres. Additionally, the following list specifies additional area requirements by size of animals kept:
[1]
Group one: Animals whose average adult weight is less than 10 pounds shall be permitted at an animal density of 12 per acre with a maximum number of 50 animals.
[2]
Group two: Animals whose average adult weight is between 10 and 100 pounds shall be permitted at an animal density of two per acre, with a maximum number of 20 animals.
[3]
Group three: Animals whose average adult weight is greater than 100 pounds shall be permitted at an animal density of one per acre, with a maximum number of five animals.
(b)
The keeping of a combination of animal types (Group one, two, and three) shall require an animal density equal to the ratio of the number of animals by type. In no case shall a lot contain more than 50 total animals. Should one structure be used to house a combination of animal types, the most restrictive setback shall apply.
(c)
The following lists minimum setbacks (from all property lines) imposed upon the placement of any structure used to house noncommercial livestock:
(d)
All structures used to house noncommercial livestock shall be prohibited from placement in the front yard.
(e)
All outdoor pasture/recreation areas shall be enclosed with fencing to prevent the escape of the animals; such fencing must be set back at least 10 feet from all property lines.
(f)
All animal wastes shall be properly stored and disposed of so as not to be objectionable at the site's property line. All animals, their housing, and their outdoor pasture/recreation areas shall be properly maintained so as not to become a nuisance to adjoining properties.
(42)
Nursing, rest or retirement homes. Nursing, rest or retirement homes are permitted as provided in Article II, subject to the following criteria:
(43)
Off-track betting parlors. Off-track betting parlors are permitted as provided in Article II, subject to the following criteria:
(a)
An off-track betting parlor shall not be permitted to be located within 1,000 feet of any other off-track betting parlor.
(b)
No off-track betting parlor shall be located within 1,000 feet of any residentially zoned land.
(c)
No off-track betting parlor shall be located within 1,000 feet of any property which contains any one or more of the following specified land uses:
(d)
The distance between any two off-track betting parlors shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment The distance between any off-track betting parlor and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the off-track betting parlor to the closest point on the property line of said land use.
(e)
No more than one off-track betting facility may be located within one building or shopping center.
(f)
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, light and/or litter.
(g)
The applicant shall furnish expert evidence as to how the use will be controlled so as to not constitute a nuisance due to noise or loitering outside the building.
(h)
A working plan for the cleanup of litter shall be furnished and implemented by the applicant.
(i)
All off-track betting parlors shall comply with the Pennsylvania Horse and/or Harness Racing Commission's rules and regulations pertaining to nonprimary locations, as defined therein.
(44)
Outdoor commercial recreation. Outdoor commercial recreation facilities are permitted as provided in Article II and III, subject to the following criteria:
(a)
Minimum lot size shall be 10 acres.
(b)
Minimum lot width shall be 300 feet.
(c)
A buffer yard of 50 feet shall be provided between the facility and the street right-of-way line. Level two screening shall be provided in accordance with § 380-51 of this chapter.
(d)
A buffer yard of 200 feet shall be provided between the facility and any adjoining residential uses or zoning districts. Level three screening shall be provided in accordance with § 380-51 of this chapter.
(f)
The site and/or individual tracks shall be fenced to prevent unauthorized entrance and accidental exit of vehicles.
(g)
The facility shall be operated only between the hours of 10:00 a.m. and 10:00 p.m.
(45)
Places of worship. Places of worship are permitted as provided in Article II, subject to the following criteria:
(a)
Minimum lot area shall be two acres.
(b)
Minimum lot width shall be 200 feet.
(c)
All places of worship with sanctuary seating capacity of 250 or more persons shall front and have access to an arterial or collector road.
(d)
All places of worship with sanctuary seating capacity of 250 or more persons shall utilize public water and public sewer facilities.
(f)
Place of worship related residences.
[1]
All residential uses shall be accessory to and located upon the same lot or directly adjacent to a lot containing a place of worship.
[2]
All residential uses shall be governed by the specific dimensional criteria for other residential uses in the zoning district where the site is located, except that any number of members associated with the place of worship may share group quarters.
(g)
Place of worship related educational and/or day-care facilities.
[1]
All education and/or day-care uses shall be accessory, and located upon the same lot as the place of worship.
[2]
If education and/or day care is offered below the college level, an outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum six-foot-high fence, and screened from adjoining existing residential use or residentially zoned properties. No vegetative materials located within the outdoor play areas shall be of a harmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[3]
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
[4]
Passenger dropoff and pickup areas shall be provided on-site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
(h)
Place of worship related cemeteries.
[1]
All burial plots or structures shall be located at least 20 feet from any property line or street right-of-way line.
[2]
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the proposed cemetery.
[3]
No burial plots or facilities shall be permitted in the Floodplain Protection Overlay.
(46)
Private clubhouses. Private clubhouses are permitted as provided in Article II and III, subject to the following criteria:
(a)
All private clubs shall front and have access to an arterial or collector road.
(b)
All off-street parking shall be provided in accordance with § 380-47 herein above and will also be set back 30 feet from any adjoining residential lot lines.
(c)
All outdoor recreation/activity areas shall be set back at least 50 feet from any property line.
(d)
Screening and buffering in compliance with Article V above herein shall be provided along any adjoining residentially zoned property.
(e)
The applicant must furnish evidence as to how the use will be controlled so as not to constitute a nuisance due to noise or loitering outside of the clubhouse.
(f)
The applicant shall furnish evidence that approved systems for sewage disposal and water supply will be utilized.
(47)
Quarries and other extractive-related uses. Quarries and other extractive related uses are permitted as provided in Article II and III, subject to the following criteria:
(a)
General quarry operations:
[1]
May not substantially injure or detract from the lawful existing or permitted use of neighboring properties.
[2]
May not adversely affect any public or private water supply source.
[3]
May not adversely affect the local, efficient and economical extensions of public services, facilities and utilities throughout the Township.
[4]
May not create any significant damage to the health, safety, or welfare of the Township and its residents and property owners.
[5]
May not result in the land area subject to quarrying being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the quarry operation.
[6]
Must demonstrate compliance with all applicable state regulations at all times.
(b)
Site plan requirements. As a part of each application, the applicant shall furnish an accurately surveyed site plan, on a scale no less than 1:2,400, showing the location of the tract or tracts of land to be affected by the operation. The surveyed site plan shall be certified by a registered professional engineer or a registered professional land surveyor with assistance from experts in related fields and shall include the following:
[1]
The boundaries of the proposed land affected, together with the drainage area above and below the area.
[2]
The location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area.
[3]
The location of all buildings within 1,000 feet of the outer perimeter of the area affected, and the names and addresses of the owners and present occupants.
[4]
The purpose for which each building is used.
[5]
The name of the owner of the affected area and the names of adjacent landowners, the municipality, and the county.
(c)
Minimum lot area: 50 acres.
(d)
Fencing. A fence measuring at least eight feet in height must enclose the area of actual quarrying. If a chain-link fence is used, then said fence shall include a vegetative screen that is provided along the outside of the fence, away from the quarry.
(e)
Setback. The following table identifies minimum setbacks imposed upon specific features of the quarry and other extractive-related uses from adjoining and/or nearby uses:
Quarry-Related Feature | Existing Residential Use (feet) | Existing Nonresidential Building (feet) | Residentially Zoned District (feet) | Adjoining Road (feet) | Public/Nonprofit Park (feet) | Cemetery or Stream Bank (feet) | Adjoining Property (feet) |
|---|---|---|---|---|---|---|---|
Stockpiles or spoil piles | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
Mineral processing equipment (e.g., rushers, sorters, conveyors, dryers, etc.) | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
Quarry pit | 300 | 300 | 1,000 | 100 | 300 | 100 | 100 |
On-site access roads and off-street parking, loading and vehicle storage and weighing facilities | 300 | 300 | 500 | 100 | 300 | 100 | 100 |
Other operational equipment, structures and/or improvements | 300 | 300 | 500 | 100 | 300 | 100 | 100 |
(f)
Access. Vehicular access shall be so arranged as to minimize danger and congestion along adjoining roads and to avoid the creation of nuisances to nearby properties. Access drives used by trucks shall only intersect with collector or arterial roads, as identified on the Official Zoning Map.
[2]
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels.
[3]
In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.
(h)
Reclamation. The applicant shall demonstrate compliance with Section 7.(c) of the Pennsylvania Act No. 1984-219, as may be amended.[4] The applicant shall provide a detailed description of the proposed use of the site, once reclamation has been completed, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Finally, the applicant shall provide written notification to the Township within 30 days, whenever a change in the reclamation plan is proposed to the PA DEP.
[4]
Editor's Note: See 52 P.S. § 3301 et seq., the Noncoal Surface Mining Conservation and Reclamation Act.
(j)
Operations progress report. Within 90 days after commencement of surface mining operations, and each year thereafter, the operator shall file an operations and progress report with the Zoning Officer setting forth all of the following:
[1]
The name or number of the operation.
[2]
The location of the operation with reference to the nearest public road.
[3]
A description of the tract or tracts, including a site plan showing the location of all improvements, stockpile, quarry pits, etc.
[4]
The name and address of the landowner or his duly authorized representative.
[5]
An annual report of the type and quantity of mineral produced.
[6]
The current status of the reclamation work performed in pursuance of the approved reclamation plan.
[7]
A maintenance report for the site that verifies that all required fencing, berming and screening has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed.
[8]
Verification that the proposed use continues to comply with all applicable state regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PA DEP.
(48)
Racetracks/speedways. Racetracks/speedways are permitted as provided in Article IV, subject to the following criteria:
(a)
In addition to complying with all provisions set forth in Ordinance No. 296 the Newberry Township Racetrack and Speedway Ordinance,[5] all racetracks/speedways are subject to the following:
[1]
All areas used for the racing, testing and maintenance of motor vehicles shall be set back a minimum of 400 feet from the lot line of an existing dwelling.
[2]
All buildings, parking, loading and unloading areas shall be setback a minimum of 150 feet from the lot line of an existing dwelling.
[3]
The applicant shall prove that the standards of Article V will be met, including noise, lighting and dust.
[4]
Minimum lot area shall be 50 acres.
(49)
Recycling facilities for paper, plastic, glass, and metal products. Recycling facilities for paper, plastic, glass and metal products are permitted as provided in Article II, subject to the following criteria:
(a)
All operations, including collection, shall be conducted within a completely enclosed building.
(b)
There shall be no outdoor storage of materials processed, used, or generated by the operation.
(c)
The applicant shall explain the scope of operation, and offer expert testimony regarding the measures used to mitigate problems associated with noise, fumes, dust, and litter.
(d)
The applicant will be required to assure regular maintenance of the site to immediately collect stray debris.
(50)
Restaurants. Restaurants are permitted as provided in Article II, subject to the following criteria:
(a)
The applicant shall demonstrate that adequate water supply and sewage disposal can be provided.
(b)
Where cafes are provided, exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. The applicant shall present and implement a plan for control and cleanup of litter.
(51)
Restaurants, drive-through. Drive-through restaurants are permitted as provided in Article II, subject to the following criteria:
(a)
The applicant shall demonstrate that adequate water supply and sewage disposal can be provided.
(b)
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. The applicant shall present and implement a plan for control and cleanup of litter.
(c)
An exterior speaker/microphone systems shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
(d)
All cafe seating shall be completely enclosed by a minimum three-foot-high fence.
(e)
Screening and buffering in compliance with Article V above herein shall be provided along any adjoining existing residential use or residentially zoned property.
(f)
Each drive-through lane shall have minimum of 200 feet of on-site stacking preceding the order location.
(52)
Restaurants, fast food. Fast food restaurants are permitted as provided in Article II, subject to the following criteria:
(a)
The applicant shall demonstrate that adequate water supply and sewage disposal can be provided.
(b)
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter. The applicant shall present and implement a plan for control and cleanup of litter.
(c)
An exterior speaker/microphone systems shall be arranged and/or screened to prevent objectionable noise impact on adjoining properties.
(d)
All cafe seating shall be completely enclosed by a minimum three-foot-high fence.
(e)
Outdoor play areas shall be completely enclosed by a minimum six-foot-high fence.
(f)
Screening and buffering in compliance with Article V above herein shall be provided along any adjoining existing residential use or residentially zoned property.
(g)
Any accessory drive-through lane shall have minimum of 200 feet of on-site stacking preceding the order location.
(53)
Riding stables. Riding stables are permitted as provided in Article III, subject to the following criteria:
(a)
Minimum lot area shall be 10 acres.
(b)
Any structure used for the boarding of horses shall be set back at least 300 feet from any property line.
(c)
All stables shall be maintained so to minimize odors perceptible at the property line.
(d)
All outdoor training, show, riding, boarding, running or pasture areas shall be enclosed by a minimum four-foot-high fence, which is located at least 25 feet from all property lines.
(e)
All parking compounds and unimproved overflow parking areas shall be set back at least 10 feet from adjoining lot lines. Unimproved overflow parking areas shall also provide a fence delineating such occasional parking facilities and preventing the parking and/or movement of vehicles across neighboring properties.
(f)
The applicant shall furnish evidence of an effective means of animal waste disposal which shall be implemented.
(54)
Rural occupations. Rural occupations are permitted as provided in Article III, subject to the following criteria:
(a)
Only one rural occupation may be conducted on the same property as the owner's principal residence and shall not exceed the area of the principal residence's ground floor area or 1,000 square feet, whichever is less.
(b)
A rural occupation shall only be conducted within one completely enclosed building that satisfies at least one of the following:
[1]
The building will remain the same size and in the same location as it existed on the effective date of this chapter/section.
[2]
The building is limited to one story in height or 20 feet, whichever is lesser, is located in the rear yard of the principal residence, and is set back at least 100 feet from any side or rear lot lines. All applicants are required to design buildings that are compatible with their residential settings.
(c)
In no case shall any new rural occupation building be constructed before the owner resides permanently on the subject property. In addition, rural occupations may only be conducted so long as the sole owner of the business resides on the site.
(d)
In no case shall the required maximum lot coverage be exceeded by those impervious surfaces associated with the principal residence, rural occupation and/or other permitted accessory uses and structures.
(e)
All off-street parking and loading spaces shall be screened from adjoining roads and properties.
(f)
No outdoor storage or display shall be permitted.
(g)
No rural occupation and its principal dwelling shall generate more than 20 vehicle trips per day to and from the site. The applicant shall furnish evidence regarding the expected numbers of vehicles trips associated with the proposed use.
(h)
Vehicular access to the rural occupation shall be limited to the same driveway connection with the public street right-of-way that serves the principal residence. No additional roadway connection shall be permitted.
(i)
The maximum number of employees that do not reside on the site shall be equal to two full-time positions. For purposes of this section, employees shall be defined as those involved in the on-site conduct of the rural occupation.
(j)
Rural occupations shall be conducted between the hours of 6:00 a.m. and 9:00 p.m.
(k)
No manufacturing, mechanical or industrial use shall be permitted which causes any noise, glare, fumes, smoke, dust, vibration, electromagnetic interference, or other hazard that is noticeable at any property line of the rural occupation. No use that requires application or permitting by the PA DEP for the handling of hazardous waste or other substances shall be permitted.
(l)
Any area devoted to retail sales display shall be limited to 20% of the overall size of the rural occupation.
(m)
The applicant shall furnish evidence that an approved means of sewage disposal shall be utilized and, further, that such means is part of the same system in use for the principal residence.
(55)
Sawmills. Sawmills are permitted as provided in Article III, subject to the following criteria:
(a)
Minimum lot area shall be 10 acres.
(b)
All cutting, sawing, grinding, or other processing shall be conducted within a completely enclosed building.
(c)
No materials hall be deposited or stored and no building or structure shall be located within 200 feet of any property line and 500 feet of any adjoining existing residential use or residentially zoned property.
(d)
Any external area used for the unloading/loading, transfer, storage or deposition of material must be completely screened and buffered in compliance with Article V above herein, and screening and buffering shall be provided along any adjoining existing residential use or residentially zoned property and public street right-of-way.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(e)
All facilities shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting will not have to back upon onto public roads.
(g)
All access drives serving the site shall have a paved minimum thirty-five-foot wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling from the site.
(h)
In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.
(56)
Schools, public and private. Private and public schools are permitted as provided in Article II, subject to the following criteria:
(a)
All off-street parking lots shall be set back 25 feet and screened and buffered from adjoining property lines in accordance with Article V above herein and screening and buffering shall be provided along any adjoining existing residential use or residentially zoned property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
All buildings shall be set back at least 100 feet from any adjoining existing residential use or a residentially zoned district.
(c)
If educational and/or day care is offered below the college level, an outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking areas shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard and must be set back 25 feet from all property lines. Outdoor play areas shall be completely enclosed by a minimum six-foot-high fence and screened from adjoining existing residential use or residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s).
(d)
Passenger dropoff and pickup areas shall be provided on-site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site.
(e)
Enrollment shall be defined as the largest number of students and/or children under day-care supervision at any one time during a seven-day period.
(57)
Schools, vocational/mechanical trade. Vocational/mechanical trade schools are permitted as provided in Articles II and III, subject to the following criteria:
(a)
Any maintenance, repair, rebuilding, testing, or construction of mechanical devices shall be conducted within a completely enclosed building.
(b)
All ventilation outlets shall be located at least 100 feet and oriented away from adjoining existing residential use or a residentially zoned district.
(c)
All exterior storage and/or display areas must be screened from and buffered from, in accordance with Article V herein, any adjoining existing residential use or residentially zoned property. All exterior storage/display areas much be set back at least 35 feet from adjoining street rights-of-way and must be covered in an all-weather, dust-free surface.
(d)
Except in any industrial zoning district:
(58)
Shopping centers. Shopping centers are permitted as provided in Article II, subject to the following criteria:
(a)
The subject property shall front on an arterial or collector road, unless the adjoining local roads are improved to meet the anticipated traffic patterns shown by the required traffic study, and all access drives shall be set back at least 200 feet from the intersection of any street rights-of-way.
(b)
Minimum lot size shall be three acres, provided that outparcels developed as part of an integrated site development in conjunction with a lot of three acres or more may be no less than one acre.
(c)
Minimum lot width shall be 200 feet.
(d)
Both public sewer and public water utilities shall be utilized.
(e)
Maximum lot coverage shall be 85%.
(g)
The shopping center shall be permitted to erect one planned center sign along each of the center's frontages. At least 50% of the total sign area shall be devoted to advertisement of the shopping center's name. The size of such sign shall not exceed one square foot for each four feet of frontage contained within the shopping center. In no case shall a planned center sign exceed a maximum size of 100 square feet nor an overall height of 20 feet. In addition, individual uses within the shopping center may have signs. However, such signs shall be flat wall, wall projecting, or roof signs as described in § 380-52 of this chapter.
(59)
Single-family attached dwellings and single-family semidetached dwellings by conservation subdivision design. Single-family attached dwellings and single-family semidetached dwellings shall be permitted to be designed according to the conservation subdivision design standards within the Village Zoning District, subject to the following criteria:
(a)
The applicant must demonstrate compliance with the provisions of § 380-33, following design option one or design option two for the RH Zoning District.
(b)
The minimum tract size shall be 10 acres.
(c)
The minimum lot width shall be 45 feet.
(d)
The minimum lot area for each dwelling unit shall be 7,000 square feet.
(e)
Each lot shall be served by public water and public sewer.
(f)
Each unit on a lot shall have garage space of adequate size to park one vehicle. Additional off-street parking shall be provided for each unit sufficient to park two vehicles. Such parking shall be on a paved surface.
(g)
If the applicant is proposing fewer than 50 units, the applicant shall present evidence of estimated traffic trips entering and leaving the tract during the morning and evening peak hours at full build-out of the development. If the applicant is proposing 50 or more units, a traffic impact study shall be presented.
(h)
Open space within the tract outside each individual lot shall be separately delineated on the site plan submitted for conditional use approval. Such open space may be shown divided into multiple parcels as lot additions to the residential lots. The applicant shall have the option, as part of the conditional use application, of offering to the Township the open space shown on the plan. If such offer is made and if the Township desires to accept the dedication of open space, then, as a condition of approval of the conditional use, the applicant shall tender a deed, in a form acceptable to the Township Solicitor, of the open space. If the Township fails to accept the deed within 15 days of final land development plan approval of the development, then such offer shall be rescinded and the open space shall be divided between the lots as shown by the conditional use plan.
(60)
Solid waste disposal, processing, and transfer facilities. Solid waste disposal and processing facilities are permitted as provided in Article II, subject to the following criteria:
(a)
Any processing of solid waste (including, but not limited to, incineration. composting, shredding, compaction, material separation, refuse derived fuel, pyrolysis, etc.) shall be conducted within a completely enclosed building.
(b)
No refuse shall be deposited or stored and no building or structure shall be located within 200 feet of any property line and 500 feet of any land of an adjoining existing residential use or residentially zoned property.
(c)
Any external area used for the unloading/loading, transfer, storage or deposition of material must be completely screened and buffered in compliance with Article V herein.
(d)
The applicant must demonstrate compliance (through a written statement) and continue to comply with all applicable state and federal standards and regulations.
(e)
All facilities shall provide sufficiently long stacking lanes into the facility, so that vehicles waiting will not have to back upon onto public roads.
(g)
All access drives serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 200 feet from the intersecting street right-of-way line. In addition, a fifty-foot-long gravel section of access drive should be placed just beyond the preceding 200-foot paved section to help collect any mud that may have attached to a vehicle's wheels. The owner and/or operator shall be responsible for removing any mud from public roads caused by persons traveling from the site.
(h)
In general, access drives shall intersect public streets at 90° as site conditions permit; however, in no case shall access drives intersect public streets at less than 70°. Said angle shall be measured from the center line of the street to the center line of the access drive.
(i)
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
(j)
Hazardous waste, as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, or as amended, shall not be disposed of within the proposed area.
(k)
Litter control shall be exercised to prevent the scattering of wind-borne debris, and a working plan for the cleanup of litter shall be submitted to the Township.
(l)
The unloading, processing, transfer, and deposition of solid waste shall be continuously supervised by a qualified facility operator.
(m)
Any waste that cannot be used in any disposal process/or material that is to be recycled, shall be stored in leak- and vectorproof containers. Such containers shall be designed to prevent their being carried by wind or water. These containers shall be stored within a completely enclosed building.
(n)
All storage of solid waste shall be indoors in a manner that is leak-and vectorproof. During normal operation, no more solid waste shall be stored on the property than is needed to keep the facility in constant operation, but in no event shall the solid waste be stored for more than 72 hours.
(o)
A contingency plan for the disposal of solid waste during a facility shutdown shall be submitted to the Township.
(p)
Leachate from the solid waste shall be disposed of in a manner in compliance with any applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, pretreatment shall be required and appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the PA DEP regulations.
(q)
All structures shall be set back at least a distance equal to their height.
(t)
A minimum 100-foot-wide landscape strip shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscape strip. Any fences or other screening erected on the site must not be located within this landscape strip.
(u)
Any sanitary landfill must be owned and operated by a municipality or its authority.
(61)
Two-family conversions. Two-family conversions are permitted as provided in Article II and III, subject to the following criteria:
(a)
The structure must be a single-family detached dwelling that existed on the effective date of this chapter and contained (at that time) at least 3,000 square feet of habitable floor area.
(b)
The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.
(c)
No extensions or modifications to the external appearance of the building (except fire escapes) which would alter its residential character shall be permitted.
(d)
All floors above grade shall have direct means of escape to ground level.
(e)
The applicant shall obtain any required land development approvals.
(62)
Warehousing and wholesale trade establishments. Warehousing and wholesale trade establishments are permitted as provided in Article II, subject to the following criteria:
(a)
The applicant shall provide a detailed description of the proposed use in each of the following topics:
[1]
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
[2]
The general scale of the operation, in terms of its market area, specific floor space requirements for each activity, the total number of employees on each shift and an overall needed site size.
[3]
Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, wastewater, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels, as regulated by applicable laws and ordinance, including but not limited to those listed in § 380-55 herein above of this chapter.
(63)
Wholesale sales, storage and auctions of auto mobiles trucks, buses, and other heavy equipment. Wholesale sales, storage and auctions of automobiles, trucks, buses, and other heavy equipment are permitted as provided in Article II, subject to the following criteria:
(a)
The subject property shall front along and have vehicular access to an arterial road.
(b)
Minimum lot area shall be 10 acres.
(c)
All exterior areas used for the storage of automobiles shall be completely enclosed by a minimum six-foot-high fence and shall be subject to the zoning district which the site is located and setback, landscaping and screening requirements imposed upon off-street parking lots.
(d)
Access drives shall be governed by § 380-46 for a distance of 200 feet from the edge of the street right-of-way. Beyond this, all areas used for vehicle access or storage shall not be governed by § 380-47, Parking requirements, of this chapter. However, all storage areas shall include a nonpaved all-weather, dust-free surface.
(e)
Vehicles may be stored in a stacked configuration. However, no vehicles shall be located more than 100 feet from a minimum eighteen-foot-wide on-site access drive.
(f)
Neither part of the subject property shall be within 500 feet of any residentially zoned land nor shall it be 1,000 feet of another similar facility.
(g)
The applicant shall be required to provide sufficient off-street parking and loading so as not to require such parking or loading on or along any road, nor upon adjoining property. If, at any time after the opening of the facility, the Supervisors determine that parking, loading or traffic backups are occurring on adjoining roads and such are directly related to the lack of on-site facilities on the subject property, the Supervisors can require the applicant to revise and/or provide additional on-site parking and/or loading space. In addition, the Supervisors may require an unimproved grassed overflow parking area to be provided for peak use periods. Such overflow parking areas shall be accessible only from the interior driveways of the permanent parking lot. Overflow parking areas shall contain fencing to prevent vehicles from crossing adjoining properties or directly accessing adjoining roads.
(h)
The applicant shall furnish expert evidence that the proposed use will not be detrimental to the use of adjoining properties due to hours of operation, noise, light, litter, dust and pollution.
(i)
The applicant shall submit and continuously implement a working plan for the cleanup of litter and other debris.
(j)
All service and/or repair activities shall be conducted within a completely enclosed building.
(k)
Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining residentially zoned property.
(l)
No outdoor storage of parts, equipment, lubricants, fuel or other materials used or discarded, as part of the service or repair operation, shall be permitted.
(m)
The demolition or junking of vehicles, trailers, boats and other machinery is prohibited.
(n)
The applicant shall furnish evidence that the disposal of all materials will be accomplished in a manner that complies with all applicable state and federal regulations.
(o)
Any outdoor public address system and lighting shall be designed and arranged so as not to adversely affect adjoining properties and roads.
(64)
Architectural design standards.
(a)
Developers of commercial property in the Regional Commercial/Office (RCO) Zone are encouraged to design and construct buildings that complement the Township's developing landscape. To that effect, the Township offers an optional set of architectural design standards that are tied with the granting of a conditional use. In this case, the underlying zone stipulates the types of uses permitted and many applicable design standards; however, applicants may opt to obtain conditional use approval subject to specific architectural design standards. This carries a prescribed increase in permitted lot coverage as inducement to prospective developers. These optional standards may only be applied to property upon approval by the Board of Supervisors and written acceptance by the landowner of all requirements of this section, and any conditions of approval attached by the Board of Supervisors;
(b)
Buildings and sites shall be designed by registered architects and registered landscape architects, respectively, licensed to practice in the Commonwealth of Pennsylvania and constructed and maintained so that they meet the Newberry Township architectural design standards;
(c)
Graphic elevations drawn to scale, with materials labeled and a color palette, shall be submitted as part of the conditional use review process;
(d)
In return for compliance with the above-described standards, the Township can award the following development bonuses as part of the conditional use approval:
Underlying Zone | Maximum Permitted Lot Coverage in Underlying Zone | Maximum Permitted Lot Coverage With Optional Architectural Design |
|---|---|---|
RCO | 60% | 85% |
(e)
Should any part of this § 380-59A(64) be declared invalid by the courts, the entire § 380-59A(64) shall be automatically repealed.