North Franklin Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XIV
Supplementary Regulations
§ 460-1400 Applicability.
The following regulations shall apply in all zoning districts
§ 460-1401 Performance standards.
The following performance standards shall apply to all uses in the C-1 Neighborhood Commercial District, C-2 Regional Commercial District, C-3 Highway Commercial District, C-4 Mixed-Use Commercial District, PED Planned Economic Development District, and I-1 Industrial District. The performance standards also apply to all conditional uses and uses by special exception in any zoning district. As part of an application for zoning approval, the applicant shall be required to provide certification by a qualified expert regarding compliance with these performance standards, if required by the Township. The cost of services for qualified expert consultants shall be paid by the applicant.
A.
Fire hazards and protection. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-suppression equipment acceptable to the Board of Fire Underwriters and shall be readily available when involving the handling of storage or flammable or explosive materials is carried on.
B.
Radioactivity or electrical disturbances. No activity which is otherwise permitted by this chapter shall emit dangerous radioactivity at any point or electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
C.
Noise. Noise which is determined by the Zoning Officer to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes. Noise in excess of 90 decibels as measured on a decibel or sound level meter of standard quality and design operated on the A-weighting scale at a distance of 25 feet from any property line of the property on which the noise source is located shall not be permitted.
D.
Vibration. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies on any structure beyond the safe range of Table 7, United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting." The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this subsection.
E.
Smoke. The maximum amount of smoke emission permitted shall be determined by use of the standard Ringelmann chart issued by the United States Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.
F.
Odors. In any district except the Industrial District, no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. This shall not apply to any form of fertilizer on property where agriculture is a permitted use.
G.
Air pollution. No pollution of air by fly ash, dust, vapors, or other substances shall be permitted which is harmful to health, or to animals, vegetation or other property or which can cause soiling of property.
H.
Glare.
(1)
There shall be no direct or sky-reflected glare, whether from floodlights or from high temperature processes (for example, combustion or welding), as to be visible form within any residential zoning district.
(2)
Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted. All lighting devices within 100 feet of a property line adjoining residential use or zoning classifications shall be designed with shields, reflectors or factor panels which direct and cut off the light at a cutoff angle of less than 90°. Cutoff angle is defined as the angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
I.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
J.
Water pollution. The method of discharging liquid and solid wastes to public sewers, drains or watercourses shall be acceptable under the provisions of the Pennsylvania Sewage Facilities Act, Act 537 of 1958,[1] as same may be amended from time to time, and all applicable Township ordinances.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
K.
Hazardous waste. Any activity permitted by this chapter which generates hazardous waste shall not be permitted to store hazardous waste on the site and shall dispose of the hazardous waste in accordance with the requirements of federal statute governing disposal of the hazardous waste.
§ 460-1402 Special yard requirements.
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all districts to the applicable circumstances described below:
A.
Corner lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute a side yard and a rear yard. The rear yard shall be the yard which is opposite to the front yard on which the principal structure faces.
C.
Accessory structures. Any accessory building which is attached to the principal dwelling building by contiguous walls, a breezeway or similar connection shall be considered part of the principal structure and shall be subject to the yard requirements for principal structures. In all zoning districts, the following regulations shall apply to accessory structures:
(1)
Swimming pools. All permanent swimming pools shall be provided with an operating and functioning filtering system which meets the requirements of the Pennsylvania Department of Environmental Protection (DEP).
(a)
Accessory to a private dwelling:
[1]
All swimming pools shall be located at least 10 feet from any dwelling or property line. Swimming pools shall not be permitted in the front yard. All swimming pools and the equipment necessary for maintaining the pool shall be completely enclosed by a fence which is at least four feet and no more than six feet in height and which has a self-closing and self-latching gate. The dwelling may constitute a part of the required enclosures.
[2]
Aboveground swimming pools, the top of which is at least four feet above the adjacent ground level on the entire perimeter and which have removable or retractable steps, shall not be required to be fenced, provided the steps are removed or retracted when the pool is not in use. All another aboveground swimming pools shall be fenced in accordance with the requirements of this section.
(b)
Quasi-public swimming pools and swim clubs. All pools shall be surrounded on all sides by a yard which is 25 feet in depth, exclusive of parking areas. The swimming pool shall be completely enclosed by a fence which is at least six feet and no more than eight feet in height and which has a self-losing and self-latching gate.
(2)
Tennis courts and tennis clubs. All tennis courts shall be enclosed by a fence which is no less than 10 feet in height and no more than 12 feet in height and which shall contain openings equal to 50% or more of the surface area of the fence. Tennis courts shall not be located within 15 feet of any property line.
(3)
Fences.
(a)
Farm fences. No permit shall be required to install a fence on a farm, as defined by this chapter. Such fences shall be permitted in any yard. The maximum height of any such fence shall be eight feet.
(b)
Fence accessory to nonresidential uses. When accessory to a nonresidential use or public or private recreational use, fences shall be a minimum of six feet in height and maximum of 10 feet in height and shall contain openings equal to 50% or more of the surface area of the fence.
(c)
All other fences accessory to residential dwellings. When accessory to residential dwellings, fences no more than six feet in height shall be permitted in the required rear or side yards, provided they contain openings equal to 50% or more of the surface area of the fence. Fences which are at least 50% open and which are not more than four feet in height shall be permitted in the required front yard.
(d)
Privacy fences which contain openings equal to less than 50%, but no less than 10% of the surface area of the fence shall be permitted in the rear or side yard. Privacy fences shall not exceed six feet in height.
[Amended 11-10-2020 by Ord. No. 8-2020]
(e)
All fences and buffer areas shall be located so as to not obstruct visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties. Fences and buffer areas shall also comply with the clear sight triangle requirements of § 460-1402D below.
(f)
Barbed-wire fences shall be prohibited everywhere except for farms.
(g)
A permit application with site plan and all other required documents shall be submitted and approval received prior to any fence being erected in the Township.
[Added 11-10-2020 by Ord. No. 8-2020]
D.
Clear sight triangle. All accessory structures and landscaping shall be subject to the requirement to provide clear sight triangles at all intersections. Within such triangle, no object greater than 2 1/2 feet in height and no other object that would obscure the vision of the motorist shall be permitted. Such triangles shall be established from a distance of:
(1)
Seventy-five feet from the point of intersection of the center lines of two streets which are both local streets;
(2)
One hundred feet from the point of intersection of the center lines of two streets where one is a collector street;
(3)
One hundred fifty feet from the point of intersection of the center lines of two streets where one is in an arterial street.
E.
Satellite dish antennas. Satellite dish antennas shall not be permitted in the required front or side yard area in all zoning districts. Only one satellite dish antenna shall be permitted on a residential lot. In residential zoning districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall be 12 feet. In zoning districts other than residential, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall not exceed 20 feet. In all zoning districts, the maximum height of any freestanding satellite dish antenna shall be 20 feet. In all zoning districts, no part of any satellite dish antenna shall be located closer than 20 feet to any property line.
F.
Structures accessory to industrial uses. In the I-1 District, no accessory structure shall be permitted in a front yard. Accessory structures shall be permitted in a side or rear yard provided that they shall be located a maximum of 20 feet from the side or rear lot line abutting a residential or commercial district, and at least 10 feet from the side or rear lot line from another industrial use or I-1 zoning district.
G.
Canopies and similar structures. Canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel dispensing areas accessory to authorized uses in any commercial, industrial, or planned economic development districts, provided that:
(1)
Such structure shall be located at least 10 feet from any property line or street right-of-way;
(2)
The maximum height of the structure shall not exceed 16 feet;
(3)
Such structure shall not be enclosed; and
(4)
Such structure shall be removed immediately, once the principal use or the use of the accessory structure is discontinued.
H.
All other structures accessory to residential dwellings. All other structures accessory to residential dwellings shall not be located in the minimum required front or side yard areas. Building accessory to residential dwellings which are located in the rear yard shall be located at least 10 feet from the rear and side lot lines and shall be located at least 10 feet from any septic tank or leaching field.
§ 460-1403 Permitted projections into required yards.
The following shall be permitted to project into any required yard in any zoning district in accordance with the following requirements:
A.
Typical architectural features, including, but not limited to, chimneys, bay windows, window sills, gutters, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.
B.
Decks and unenclosed porches without enclosed habitable foundation shall be permitted to project into required front and side yards no more than three feet and into the required rear yard no more than 10 feet.
C.
Steps, stoops and open fire escapes shall be permitted to project into required yards no more than 36 inches.
§ 460-1404 Height exceptions.
No residential uses or occupancy shall be permitted in basements prior to the completion of the total structures: church spires, belfries, chimneys, elevator bulk heads, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures and other structures not intended for human habitation. Satellite dish antennas shall be subject to § § 460-1402E.
§ 460-1405 Basement structures.
No residential uses or occupancy shall be permitted in basement prior to the completion of the total structure. Earth homes which are designed to take advantage of the insulating qualities of earthen fill along walls and over the roof of a dwelling shall not be considered basement structures.
§ 460-1406 Sale of agricultural products grown on the property.
In the R-1 District, the sale of agricultural products grown on a farm, as defined by this chapter shall be permitted subject to the following regulations:
A.
Roadside stands shall be located so that traffic can circulate into and out of the property without creating a hazard. Adequate off-street parking area shall be provided in accordance with the requirements of Article XI and shall be located so that cars do not park in or back onto the public right-of-way.
B.
If a seasonal roadside stand is utilized for the sale of farm products, the seasonal roadside stand shall not be installed prior to May 1 of each year and the stand shall be removed upon completion of the growing season of the products offered for sale, but in no case shall removal occur later than November 1 of each year.
C.
Seasonal roadside stands shall be located at least 25 feet from the property line or public street right-of-way. Permanent roadside stands shall be located at least 50 feet from any property line or public street right-of-way.
D.
One temporary nonilluminated sign shall be permitted to announce the sale of farm products, provided the surface area of the sign shall not exceed 12 square feet and the sign shall be located on the farm and shall not be located in any public right-of-way. The sign shall be installed and removed in accordance with the requirements for the installation and removal of a seasonal roadside stand in § § 460-1406B, above.
§ 460-1407 Storage.
A.
Except for those uses authorized as a conditional use or use by special exception in accordance with the requirements of Article XII of this chapter, display and storage or materials outside a completed enclosed structure shall not be permitted for a period of more than 48 hours in any C Commercial, PED Planned Economic Development, or I Industrial District.
B.
In all districts, all organic rubbish and discarded materials shall be contained in tight, vermin-proof containers which shall be screened from public view by an opaque fence, wall or hedge which is at least six feet in height.
C.
Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking areas on the lot for the storage of carts. Each designated storage area shall be clearly marked for the storage or shopping carts.
§ 460-1408 Stormwater management.
A.
Any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required:
B.
If the development site is located within a watershed for which a stormwater management plan has been adopted, as required by the Pennsylvania Storm Water Management Act,[1] then any proposed stormwater control measures shall be consistent with the plan. The stormwater control measures for a development or a site shall be reviewed and approved by the Township Engineer. All calculations of pre- and post-development stormwater runoff and storage requirements shall be done suing the US Soil Cover Complex Method (as published in Technical Release TR-55).
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
§ 460-1409 Screens and landscaping.
A.
Any portion of a lot which is not used for building, other structures, loading or parking spaces, sidewalks, or storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with a landscape plan submitted with an application for land development plan approval in accordance with § 1605B of this chapter. In all zoning districts, not less than 10% of the lot area shall be covered for vegetative material.
B.
For all multifamily residential developments, for changes in nonconforming uses in residential zoning districts, for nonresidential uses authorized by conditional use in resident zoning districts and for all uses in the C-1, C-2, C-3, C-4, PED, and I-1 Districts, a buffer area, as defined by this chapter, shall be provided along all property lines adjoining residential use or zoning district classification.
(1)
Perimeter buffers. Consistent with the intent of this section, the entire perimeter of a property being developed shall have a buffer which includes trees, shrubs, and other landscape improvements necessary to screen or soften the visual impact the development will have on the property, or adjoining properties and in the Township.
(a)
Softening buffer. Along the side and rear property lines of all developments, where existing vegetation is not sufficient and to meet the requirements of a softening buffer, and a screen buffer is not required, a permanent softening buffer shall be planted. The following landscape requirements must be adhered to:
[1]
The softening buffer plant materials shall include a combination of evergreen or deciduous trees or both and shrubs in a naturalistic arrangement. As a minimum for the quantity of plant materials to use, the buffer shall consist of a minimum of one evergreen tree for each 50 linear feet; one ornamental or shade tree for each 75 linear feet; and one shrub for each 20 linear feet of property line. Informal groupings which reflect the natural character of the site are encouraged.
[2]
The buffer planting area along the property lines shall be used for no purpose other than planting of trees, shrubs and lawn and may include a fence or wall. Parking shall not be permitted. Any wall or fence shall be constructed in such a manger that it will not conflict with the character of the abutting district.
[3]
The buffer planting shall be aligned adjacent to property lines or right-of-way boundaries for the width defined in the applicable section of this chapter. An innovative and naturalistic arrangement of plant materials is encouraged.
[4]
Within the buffer area, no proposed slopes shall be steeper than 4:1, one foot height for each four feet width, unless these conditions represent a previously existing condition.
(b)
Screen buffer. Where, under applicable sections of this chapter, screen buffers are required for the entire length of all common boundaries abutting adjacent districts, the following landscape requirements shall be adhered to:
[1]
Trees and shrubs used for a screening shall be composed of at least 75% evergreen trees and shrubs and shall be so arranged as to provide an immediate visual screen of 50% measured at five feet from the ground. Evergreen trees shall be at least eight feet in height at the time of planting. The balance the plantings may be deciduous trees and shrubs.
[2]
Walls, ornamental structures, fences and landscaping berms or a combination of these not less than eight feet in height may be used in addition to recommended plant material subject to the specific land use areas involved and as approved by the Township.
[3]
Innovative means of screening are encouraged; however, there shall be a minimum of one evergreen tree and three shrubs for each 12 linear feet of property line.
(2)
Drainage area and detention basin landscaping.
(a)
Whenever a detention or retention basin is provided, such basin shall conform to the requirements set forth in § 460-1408, and the landscaping requirements as follows:
[1]
The basin shall be so designed that the plantings in and adjacent to it shall not have a negative effect on the hydrological function of the basin.
[2]
All continuously flowing natural watercourses shall be maintained in their natural state, except that removal of debris and correction of severe erosion shall be required.
[3]
Intermittent streams shall be maintained essentially at their existing alignments and gradients except that they may be improved by minor regarding, subject to the approve of the Township Engineer, and shall either be planted and stabilized in vegetative cover or provided with erosion preventative improvements such as riverstone or rip-rap.
[4]
Draining ways and detention and retention basins should be compatible with the adjacent land use. Creative grading and innovative basin forms shall be utilized wherever physically possible. Where basins adjoin existing woodlands, it is recommended that planting be selected to blend with the natural surroundings.
(3)
Service, loading, trash disposal areas, outdoor displays, material storage, transformers and mechanical equipment. All service, utility, delivery, loading and outdoor storage and trash disposal areas shall be screened from all residential districts, public streets, parking lot and pedestrian walkways. Screening shall be by the use offences, walls, berms, or a combination of these. Screening shall be installed and maintained at a height which effectively blocks the view, but shall not be less than six feet. The screening shall have exterior plantings at minimum intervals of 10 feet.
(4)
Individual lot landscaping requirements. In addition to the specific landscaping requirements detailed in this chapter, each individual building lot or dwelling unit shall provide the following unless an equivalent number of existing trees are present on the lot:
(a)
Each single-family detached dwelling shall have a minimum of three Deciduous or evergreen trees.
(b)
Each multifamily dwelling unit shall have one deciduous or evergreen tree.
(c)
Each building lot in all other districts shall provide one deciduous or evergreen tree per 5,000 square feet of gross floor area of building.
§ 460-1410 Vehicular access.
Land development plans for commercial and industrial uses shall be designed to minimize the points of access to arterial and collector roads. The site of a shopping center, office center, or industrial park which contains multiple buildings shall be designed to encourage the use of common driveways and shared parking and loading areas within the site to control access to arterial or collector roads. Ingress, egress, and internal traffic circulation on the site shall be designed to minimize congestion and ensure safety and to provide accessibility to all buildings for firefighting equipment and emergency vehicles.
§ 460-1411 Grading and slope controls.
In all zoning districts, all cut and fill activities, other than mineral removal, when approved as conditional use under the terms of this chapter, shall comply with the following regulations;
A.
Finished slopes. No cut or fill grade shall exceed the slope specified by the Township Grading Ordinance No. 80-4, as amended from time to time.
B.
Disturbance of natural draining course. No cutting, fill or other disturbance of land and natural vegetation is permissible within 100 feet of the center line of natural draining courses without a permit from the Pennsylvania Department of Environmental Protection.
C.
Protection of steep slopes. Any portion of any lot which has a natural or finished slope after grading in excess of 25% shall be considered a steep slope and shall be subject to the following regulations:
(1)
Natural slopes in excess of 40% shall not be disturbed by grading construction or removal of vegetation, other than the removal of dead or diseased trees or other vegetation, except that any area within a public or private right-of-way or easement may be disturbed to provide necessary public services. All applications for development of a site with natural slopes in excess of 40% slope shall be accompanied by a statement from a registered civil engineer that slopes in excess of 40% shall not be disturbed.
(2)
Natural slopes in excess of 25% but less than 40% may be altered, provided that the alteration is performed in compliance with the Township Grading Ordinance No. 80-4. Any application which proposes cutting or filling of natural slopes in excess of 25% slope shall be accompanied by a geotechnical report and a certification by a registered professional soils engineer regarding the feasibility of the proposed grading, the stability of the finished slop, measurers to mitigate landslides, soil erosion, sedimentation and stormwater management and potential impacts on adjacent properties. The consultant selected to prepare the geotechnical report shall have credentials acceptable to the Township and the cost of preparation of the report shall be borne by the application.
(a)
Natural slopes of finished slopes which are in excess of 25% slope shall be used only for the following uses:
[1]
Parks or other public or private outdoor recreation, if authorized in zoning district;
[2]
Permanent open space and/or required buffer areas;
[3]
Agriculture, tree farming or forestry, if authorized in the zoning district;
[4]
Single-family dwellings, if authorized in zoning district, provided that the required minimum lot area per dwelling unit shall be provided and that the natural slope in the area where the structure is proposed is less than 40% and all alteration of the natural slope for construction of the dwelling complies with all the requirements of this chapter;
[5]
Driveways serving single-family dwellings, provided they shall not exceed 16% slope.
(3)
Any request for a variance to the requirements of this section governing steep slopes or any construction or grading on land which has slope in excess of 25% shall be accompanied by a statement from a registered civil engineer certifying the feasibility of the proposed construction and/or grading and the precautions recommended to protect foundations, preserve watersheds and protect soil stability. A certification of the structural integrity of the foundation shall be provided by the same registered civil engineer upon completion of the foundation.
(4)
Where evidence exists of undermining, strip mining, landslide-prone soils or other geologic hazards on the site, a geological report by a qualified registered professional soils engineer regarding soils and subsurface conditions and the probable measures needed to be considered in the design of the development, site grading, location of structures and design foundations, if any, shall be submitted with the application for zoning approval.
D.
Seeding or sodding of cleared areas.
(1)
All lands, regardless of slope, from which structures or natural cover have been removed or otherwise destroyed shall be appropriately graded and seeded, or sodded, within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to minimize erosion.
(2)
When clearance activities are undertaken between November 1 and April 1, the required seeding or sodding shall be accomplished within two weeks of April 1.