North Middleton Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE III
General Provisions
§ 204-24 Applicability.
Unless otherwise specified elsewhere herein this chapter, the regulations contained in this article shall apply to all uses within the Township.
§ 204-25 Accessory uses and structures.
Accessory uses and structures shall not be allowed in the front yard except as permitted by this section, and in the AG and RR Zones, where the principal structure is set back greater than the required minimum front building setback line, an accessory use or structure may be located between the minimum front building setback line and principal structure, but, however shall be set back no less than 50 feet.
A.
Accessory repair of personal motor vehicles. The routine maintenance, repair and servicing of personal motor vehicles owned or leased by the person performing such services when performed outside of a completely enclosed building is permitted by an occupant of the residence, but only in compliance with the following:
(1)
Excepting one vehicle, all vehicles shall be maintained with proper registration.
(2)
All work shall be performed on the vehicle owner's (lessee's) property of residence.
(3)
All work shall be limited to small repair and routine maintenance, excluding major engine repair or replacement, transmission work, carriage or drivetrain work, or body repair, replacement, or painting.
(4)
All by-product or waste fuels, lubricants, chemicals and other products shall be properly disposed of.
(5)
No vehicle shall be stored in a jacked-up position or on blocks for more than 72 continuous hours.
(6)
Work on vehicles must end at 10:00 p.m.
B.
Alternative energy systems. Except for those associated with active farming and agricultural operations and uses on farms, alternative energy systems shall not be permitted in the front yard area of any property. However, if the principal structure is set back greater than the required front building setback line in the AG and RR Zones, the alternative energy use may be located between the minimum front building setback line and principal structure.
(1)
Accessory solar energy systems (ASES). In addition to the regulations applicable to all solar energy systems set forth in § 204-49AA(1), the following regulations are applicable to ASES.
[Amended 8-15-2024 by Ord. No. 2024-01]
(a)
Regulations applicable to all ASES:
[1]
ASES shall be permitted as a use by right in all zoning districts.
[2]
Permit requirements.
[a]
Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the ASES is constructed.
[b]
The zoning/building permit shall be revoked if the ASES, whether new or pre-existing, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this chapter.
[c]
The ASES must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or being detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES and directing the owner to conform or to remove the ASES.
(b)
Regulations applicable to roof-mounted and wall-mounted ASES:
[1]
A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.
[2]
ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within each of the underlying zones.
[3]
Wall-mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zones.
[4]
Solar panels shall not extend beyond any portion of the roof edge.
[5]
Roof-mounted solar panels shall be located only on rear- or side-facing roofs as viewed from any adjacent street unless the applicant demonstrates that, due to solar access limitations, no location exists other than the street-facing roof where the solar energy system can perform effectively.
[6]
For roof-mounted and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and the adopted building code of the Township and that the roof or wall is capable of holding the load imposed on the structure.
(c)
Regulations applicable to ground-mounted ASES:
[1]
The minimum yard setbacks from front, side and rear property lines shall be equivalent to the principal structure setback in the zone.
[2]
Ground-mounted ASES shall not be located in the required front yard.
[3]
The total surface area of the arrays of ground-mounted ASES on the property shall not exceed more than 15 of the lot area.
[4]
Ground-mounted ASES shall not exceed 20 feet in height above the ground elevation surrounding the systems.
[5]
Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
[6]
Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(2)
Small wind energy systems. Small wind energy systems are permitted in all zones subject to the following criteria:
(a)
The design and installation of all small wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, or as approved under an emerging technology program such as the California Energy Commission, International Electrotechnical Commission, or any other small wind certification program recognized by the American Wind Energy Association (AWEA) or the United States Department of Energy. All small wind energy systems shall comply with the North Middleton Township Building Code,[1] and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(b)
No more than one small wind energy wind turbine shall be permitted per property in the R-1, R-2, and VMU Zones. In the AG, RR, NC, C/LI, and IND Zones, no more than two small wind energy turbines shall be permitted per property by right, and if more than two are proposed in the aforementioned zones, the additional small wind energy wind turbines above two shall be required to receive conditional use approval by the Board of Supervisors,
(c)
All on-site utility and transmission lines shall be placed underground.
(d)
All wind turbines and towers shall have a flat finish as applied by the manufacturer. The objective is to have the equipment as inconspicuous as practicable.
(e)
All small wind energy systems shall be equipped with manual—electronic or mechanical—and automatic overspeed controls to limit the blade rotation speed to within the design limits of the small wind energy system.
(f)
Small wind energy systems shall not be installed in any location where their proximity would interfere with existing fixed broadcast, retransmission, or reception antenna. This includes interference with residential radio, television, or wireless phone, or other personal communication system reception. No small wind energy system shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.
(g)
Wind turbines shall be set back a distance equal to the total height of the wind turbine from all lot lines, and public streets or rights-of-way (including alleys), and overhead utility lines.
(h)
The maximum height of small wind energy systems shall comply with the following:
[1]
For lots less than 1/2 acre in area, small wind turbines shall be roof-mounted and shall not be higher than 45 feet above the ground to the highest point of the rotor or blade. The maximum rotor diameter for small wind turbines shall be six feet.
[2]
For lots between 1/2 acre but less than one acre, the tower height shall be limited to 75 feet, or 20 feet above the tree line, whichever is lower.
[3]
For lots greater than or equal to one acre, the tower height shall be limited to 120 feet or 40 feet above tree line, whichever is lower.
[4]
For all small wind energy systems not otherwise mounted on a roof, unauthorized access to the turbine and tower shall be prevented by design, with a minimum of 12 feet from the ground to the bottom of the ladder. All doors to turbine and tower shall be locked.
(i)
The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.
(j)
Small wind energy systems must comply with applicable Federal Aviation Administration (FAA) regulations.
(k)
No portion of any small wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
(l)
Small wind energy systems shall not display advertising, except for reasonable identification of the small wind energy system's manufacturer. Such sign shall have an area of less than four square feet.
(m)
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 144 square feet, and shall comply with the accessory building requirements specified within each zone.
(n)
All applications for small wind energy systems shall include the following information:
[1]
A site plan showing:
[a]
Lot lines and physical dimensions of the subject property within two times the total height from the tower location.
[b]
Location, dimensions, and types of existing principal and accessory structures on the property.
[c]
Location of the proposed small wind energy system tower, foundations, guy anchors, and associated equipment.
[d]
The right-of-way of any public street (including alleys) that is contiguous with the property.
[e]
Any overhead utility lines.
[2]
Small wind energy systems system specifications, including manufacturer and model, rotor diameter, tower height, and tower type—freestanding or guyed.
[3]
Tower and tower foundation blueprints or drawings signed by a qualified professional engineer licensed and/or registered to practice in the Commonwealth of Pennsylvania.
(o)
Prior to the issuance of a permit for the installation of a small wind energy system, the applicant shall provide the Zoning Officer with evidence that the:
[1]
Applicant's insurance policy has been endorsed to cover damage or injury that might result from the installation and operation of the small solar energy system.
[2]
Authorization that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and also approves of such connection. Off-grid systems shall be exempt from this requirement.
(p)
The owner of the small wind energy system shall, at the owner's expense, complete decommissioning within 12 months after the end of the useful life of the small wind energy system. It shall be presumed that the small wind energy system is at the end of its useful life if no electricity is generated for a continuous period of 12 months.
(q)
The applicant shall maintain the small wind energy system in good and safe condition. Whenever a small wind energy system becomes structurally unsafe or endangers the safety of the structure or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the small wind energy system is located that such small wind energy system shall be made safe or removed.
C.
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 within the R-1, R-2, VMU, and NC Zones, nor more than six feet in the AG, RR, C/LI and IND Zones. No fence shall block motorist view of vehicles entering or exiting the property nor be located within the street right-of-way or clear-sight triangle.
D.
Garage/yard sales. Within any zone, an owner, occupant, or both, may conduct up to four garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than three consecutive days. Such sales shall be limited to personal possessions. Only two six square-foot signs 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.
E.
Man-made lakes, dams, ponds and impoundments.
(1)
All lakes, dams, ponds and impoundments located along and connected to a stream that involve any of the following shall require the acquisition of a permit from the PADEP Bureau of Dams and Waterways, Division of Dam Safety, or a letter indicating that the proposed use does not require a PADEP permit:
(2)
All dams, ponds and impoundments not contiguous to a stream that have an intake, outlet, or both, have an embankment within 50 feet of a stream, or any combination thereof, shall require the acquisition of a permit from the PADEP Bureau of Dams and Waterways, Division of Waterways and Stormwater Management.
(3)
All dams, ponds and impoundments meeting the requirements of Subsection E(1) shall be located 75 feet from all adjoining lot lines, as measured from the closest point of the adjoining lot line to the maximum anticipated water surface elevation. Furthermore, all dams, ponds and impoundments, including stormwater management basins, shall be located a minimum of 50 feet from any subsurface sewage disposal system or well.
(4)
All other dams, ponds and impoundments require the submission of 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)
Requirements for fencing. All ponds constructed within areas subject to livestock shall be enclosed by fencing that prevents livestock from trampling the pond's shores and polluting the waters.
(6)
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.
F.
Ornamental ponds and wading pools.
(1)
Such structures shall comply with all accessory use setbacks, except that a twenty-foot setback shall apply from the street right-of-way.
(2)
All such ponds or pools shall be maintained so as to not pose a nuisance by reason of odor or the harboring of insects, vermin, or both.
(3)
No such pond(s) shall be used for the commercial hatching of fish or other species.
G.
Recreation courts. All recreation courts and other related facilities shall be arranged and/or fenced so as to prevent safety hazards upon nearby roads, properties, or both. All recreation courts, excluding fences, shall be set back at least 20 feet from any adjoining lot lines and 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 so as not to cast directly on adjoining property, roads, or both.
H.
Satellite dish antennas. Satellite dish antennas are subject to all accessory use standards. Furthermore, any satellite dish antenna located within the AG, RR, R-1, R-2, VMU, and NC Zones shall be used only to receive signals, not transmit them. All ground-mounted satellite dish antennas located within the C/LI and IND Zones 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 C/LI and IND Zones shall comply with all principal use standards.
I.
Swimming pools. No permanent structure shall be permitted without an operable filtration system utilizing chlorine, bromine or some other antibacterial agent. All swimming pools and enclosures shall comply with all state and local building codes. The water's edge of all pools must be set back at least 20 feet from all lot lines. No water from a pool shall be discharged onto any public street or alley. These requirements shall not apply to man-made ponds, lakes or other impoundments, unless the primary purpose for their construction is swimming.
J.
Wells. All wells shall be installed to Pennsylvania Department of Environmental Protection regulations and shall be set back a minimum of 10 feet from all lot lines. Any well that is proposed to be utilized as the primary source for water to serve the public or individual for any proposed use other than agricultural or for single-family residential uses must be tested for both water quantity and quality and be proven to be an adequate and safe source of water to serve the proposed use. All local, state and federal regulations apply to the use of wells as required by law. When locating a well in or next to the AG Zone, the property owner shall be aware of and sensitive to existing and future agricultural activity on or adjacent to the property on which the well is being drilled. All efforts should be made to locate the well in an area of the property that will be the least impacted by existing or future agricultural activity.
§ 204-26 Buffering and screening.
A.
Buffering and screening shall be generally required where more intense/dense uses and zones abut less intense/dense uses and zones, unless otherwise stipulated in this section.
B.
Where nonresidential zones (C/LI and IND) and mixed-use zones (VMU and NC) abut existing residential uses and residential zones (R-1 and R-2), the required buffer yard width and levels of screening requirements herein this section and Table 204-26A shall be provided, unless otherwise stipulated in this chapter.
Table 204-26A Nonresidential Zones and Mixed Use Zones and Related Buffer Yards | |||
|---|---|---|---|
Level of Screening | Nonresidential Zones and Mixed Use Zones | Minimum Buffer Yard Width (feet) | |
1 | VMU | 15 | |
1 | NC | 25 | |
2 | C/LI | 40 | |
3 | IND | 100 | |
C.
Where permitted nonresidential uses and higher-density residential uses (single-family attached dwelling and multifamily dwelling/apartment uses) abut an existing or planned single-family detached dwelling, single-family semidetached dwelling, and/or two-family dwelling, the required buffer yard width and levels of screening requirements herein this section and Table 204-26B shall be provided, unless otherwise stipulated in this chapter.
Table 204-26B Nonresidential and Higher Density Residential Uses Related Buffer Yards | |||
|---|---|---|---|
Level of Screening | Zones | Minimum Buffer Yard Width (feet) | |
1 | VMU | 15 | |
1 | AG, RR, R-1, R-2, and NC | 25 | |
2 | C/LI | 40 | |
3 | IND | 75 | |
D.
Where a lot used for nonresidential uses, higher-density residential uses (single-family attached dwelling and multifamily dwelling/apartment uses) abuts another lot of the same or similar use, no buffer yard or screening shall be required, unless otherwise stipulated in this chapter.
E.
Any lot used for agricultural/forestry uses shall not be required to provide buffer yards or screening, unless otherwise stipulated in this chapter.
F.
Buffer yard requirements.
(1)
Required buffer yards and screening shall extend the entire length or width of the lot line of the adjoining zone or lot.
(2)
Buffer yards may coincide within any required building setback and yard requirements.
(3)
The buffer yard shall be a landscaped, and where required, screen-planted area free of buildings; structures; dumpsters and refuse containers; commercial or industrial sales, storage and display; manufacturing or processing activity; materials; loading and unloading areas; and vehicle parking, sales, and display. Signs may be permitted in a buffer yard abutting a street right-of-way as provided in § 204-41 of this chapter.
(4)
Buffer yards may be crossed by access drives, driveways, sidewalks, or easements with a maximum width of 35 feet, provided that the center line of access drive, driveway or easement crosses the lot line and buffer yard at not less than 75°; however, no turning or maneuvering of vehicles shall be permitted in the buffer yard area.
G.
Levels of screening.
(1)
Level 1 screening. This screening shall contain materials that, 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 plants' 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: minimum 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 2 screening. This screening shall contain materials which, at maturity, provide semi-opacity 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 semi-opaque 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)
Minimum six-foot-high freestanding/retaining wall or solid fence.
(b)
Evergreen trees: minimum five-foot planting height at a minimum planting width of 10 feet.
(c)
Deciduous trees: minimum two-inch caliper and six-foot planting height at a minimum planting width of 10 feet.
(d)
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 at a minimum planting width of five feet.
(3)
Level 3 screening. This screening shall contain materials that, 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:
(d)
Option D: Steep berm screen.
[3]
Ground cover, shrubs and trees:
[a]
Adequate to achieve a continuous bed of vegetative cover over at least 95% of the berm area within two years of planting.
[b]
Ground cover and shrubs to be chosen from Subsection G(3)(d)(4), Vegetation acceptable for erosion control.
H.
The following specific uses or features shall be screened with Level 3 screening from adjacent properties and from public view from the street right-of-way in accordance with the following:
(1)
Dumpster, trash-handling, recycling, and storage areas;
(2)
Loading docks or spaces;
(3)
Outdoor storage of any materials, stock, or equipment, including but not limited to motor vehicles, heavy equipment or other similar items (excluding the sales and display areas of permitted automobile, heavy equipment and similar motor vehicle rental/sales; home improvement centers, lumber, and building materials sales; motor vehicle auctions; outside display and sales; etc.); and
(4)
Service entrances, essential service structures, and utility facilities.
I.
Screen planting.
(1)
Each buffer yard shall include the required landscape screen plantings as set forth above in this section, located in the exterior portion of the required buffer yards, and extending the length or width of the lot line in accordance with the following requirements:
(a)
The screen planting shall be maintained permanently in a healthy condition. Any landscaping that dies or is severely damaged shall be replaced by the current property owner as soon as is practical considering growing seasons, within a maximum of 150 days.
(b)
The screen planting shall be so placed that at maturity it will be not be closer than two feet from any street right-of-way or lot line.
(c)
In order to aid surveillance and minimize the potential for crime, planting shall also be sited, massed, and scaled to maintain visibility of doors and first- or ground-floor windows from the street and from within the development to the greatest extent possible. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear-sight triangle shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
(d)
The screen planting shall be interrupted only at:
(e)
American arborvitae and similar weak-stem plants shall not be used to meet the buffer yard requirements.
(f)
In addition to the trees and shrubs mentioned above in this section, trees and shrubs that are used in the planting of a buffer yard and elsewhere on the lot shall be in accordance with those identified within Chapter 180, Subdivision and Land Development.
(g)
Clear-sight triangles shall be provided and maintained in accordance with § 204-32B(3) of this chapter.
§ 204-27 Common open space requirements.
In those instances where common open space is required elsewhere in this chapter or when an applicant proposes the use of common open space, such common open space shall comply with the following:
A.
Required common open space shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives:
(1)
Protection of important natural resources (e.g., productive agricultural soils, streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.).
(2)
Protection of important historical sites, archaeological sites, or both.
(3)
Provision of usable play and recreation areas that are conveniently accessible to residents within the development and the Township.
(4)
Integration of greenbelts throughout the development that link residences with on-site or adjoining parks, schools or other similar features.
B.
An essential element of the use of common open space is a written description and plan for the disposition of ownership of common open space land designating those areas to be offered for dedication or to be owned by the specific form of organization proposed. The common open space shall be accomplished through one of the following:
(1)
An offer of dedication to the Township. The Township shall not be obligated to accept dedication of the common open space.
(2)
With permission of the Township and with appropriate deed restrictions in favor of the Township and in language acceptable to the Township Solicitor and Board of Supervisors, the developer may transfer ownership of the common open space or a portion thereof to a private nonprofit organization among whose purposes is the preservation of common open space land, natural resources, or both. The organization shall be a bona fide conservation organization with a perpetual existence, the conveyance must contain appropriate provision for reverter or retransfer if the organization is unable to maintain the land, and the organization must enter into a maintenance agreement with the Township.
(3)
The developer shall provide for and establish an organization for the ownership and maintenance of the common open space which shall be generally consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. If such an organization is created, the agreements of sale and deeds for all lots shall contain the following requirements in language acceptable to the Township Solicitor and Board of Supervisors:
(a)
Such organization shall not dispose of the common open space by sale or otherwise, except to the Township, unless the Township has given prior written approval. Such transfer shall be made only to another organization which shall maintain the common open space in accordance with this chapter.
(b)
The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code relating to the maintenance of deteriorating common open space by municipalities.
(c)
The Township may require the establishment of a reserve fund to provide for maintenance of or capital improvements to the common open space.
§ 204-28 Corner lots.
A.
Corner lots, including multiple frontage lots, shall have two front yards (abutting the street), one side yard and one rear yard.
(1)
For purposes of this chapter, the front lot line of the street in which the lot is addressed shall be the primary front lot line, and the other front lot line shall be the secondary front lot line. The rear lot line shall be the lot line directly opposite of the primary front lot line. The side lot line shall be the lot line directly opposite the secondary lot line.
B.
On any corner lot, including multiple frontage lots, no wall, fence or other structure shall be erected, altered or maintained and no hedge, tree or other growth shall be planted or maintained which may cause danger to traffic on a street by obscuring the view. On corner lots, including multiple frontage lots, no such structure or growth shall be permitted within an area which is formed by the clear-sight triangle as set forth in § 204-32.
§ 204-29 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 from any lot line at least equal to their height from the average level of the ground abutting the structure:
(1)
Water towers, antennas, utility poles, smokestacks, chimneys, 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 roof line.
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.
§ 204-30 Landscaping and vegetation preservation.
Landscaping and vegetation in all zones shall be subject to the following criteria:
A.
Any part of a nonresidential, multifamily dwelling/apartment, single-family attached, or mixed use lot which is not used for structures, access drives, driveways, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative groundcover, and shall be landscaped with trees and shrubs.
B.
In order to aid surveillance and minimize the potential for crime, planting shall also be sited, massed, and scaled to maintain visibility of doors and first or ground floor windows from the street and from within the development to the greatest extent possible. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths. A clear-sight triangle shall be maintained at all street intersections and at all points where access drives and driveways intersect public streets.
C.
Vegetation preservation. Vegetation preservation is governed by the standards in this section and the provisions of the PA MPC. The removal of trees, shrubbery, foliage, grass or other natural growth shall be permitted when in conformance with the provisions of this chapter, or Chapter 180, Subdivision and Land Development. The grubbing activity shall be permissible, upon Zoning Officer review and approval of the application as required by the Township. A permit shall be prepared and issued for an approved application. Violations and penalties associated with cutting and clearing of vegetation include:
(1)
Forestry activities of timber harvesting and/or logging shall comply with Article IV of this chapter.
(2)
The cutting of living, damaged, or deceased trees and/or clearing of vegetation as part of required screening within a buffer yard is prohibitive, unless replaced by other suitable screening material as required by the this chapter.
§ 204-31 Minimum habitable floor area.
§ 204-32 Lot access.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street. The erection of buildings without approved access shall not be permitted. Approved access shall be provided in accordance with this section and Chapter 180, Subdivision and Land Development.
A.
Driveway requirements. Driveways, as defined in Article I, shall meet the following standards:
(1)
Number per lot. No more than two driveway connections per lot shall be permitted.
(3)
Slope. A driveway shall not exceed a slope of 8% within 25 feet of the street right-of-way lines.
(4)
Road classification. Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved.
(5)
Driveway width. No driveway shall provide a curb cut exceeding 24 feet in width.
(6)
Permits required. All driveways shall require the obtainment of a driveway permit from the Pennsylvania Department of Transportation or a road occupancy permit from the Township.
(7)
Traffic movement/drainage. Driveways shall not interfere with normal traffic movement nor be constructed in a manner to be inconsistent with the design, maintenance and drainage of the street.
(8)
Plan delineation. Driveway location shall be delineated on all plans/permits as applicable.
(9)
Joint use driveways.
(a)
Joint use driveways may be used to provide required vehicular access between dwellings and a street. The use of a joint use driveway shall only be approved when cross-access easements ensure common use, access and maintenance of the joint use driveway for each property owner relying upon said joint use driveway. Such cross-access easements shall be required in language acceptable to the Township Solicitor and the Board of Supervisors. Joint use driveways shall not exceed 1,000 feet in length.
(b)
Joint use driveways will be owned, maintained, and repaired by users of the joint use driveway in accordance with an ownership and maintenance agreement recorded in the office of the Recorder of Deeds of Cumberland County. Whenever a subdivider or developer proposes to provide access to a subdivision by a joint use driveway, the Township shall require that two copies of a proposed agreement be submitted with the plan as well as two copies of an appropriate deed restriction. The agreement and deed restriction shall establish responsibility for maintenance and repair of the joint use driveway, including mowing, snow and ice removal, maintenance of clear sight distance within the clear-sight triangle, and upkeep of the road bed and drainage facilities. References to said agreement shall be provided on the plans and recorded with the final subdivision or land development plan.
(10)
Clear-sight triangle. Driveways shall be located and constructed so that a clear-sight triangle, as depicted below, is provided. Two apexes of the triangle shall be located in both directions along the street center line, 75 feet from a point where the center line of a driveway and street intersect. The vertex of the triangle shall be located along the center line of the driveway, on the site, and five feet from the property/street right-of-way line. No building or obstructions and/or plant materials with a mature height over 18 inches high shall be placed within the clear-sight triangle.
 |
(11)
Adequate site distance. Driveways shall be located so as to provide adequate sight distances at intersections with streets. Such sight distances shall be in compliance with Chapter 180, Subdivision and Land Development, or PennDOT.
(12)
Single-family attached dwellings on individual lots: driveway and garage requirements. Single-family attached dwellings on individual lots are permitted to utilize driveways and garages in compliance with the following requirement:
(a)
A detached garage located within the rear yard must be located no less than 20 feet from the rear lot line. Garages may be constructed with party walls on common lot lines.
(13)
Single-family attached dwellings on common property: driveway and garage requirements. Single-family attached dwellings on common property are permitted to utilize driveways and garages in compliance with the following requirements:
(a)
A driveway located within the front yard may be arranged as a side-by-side joint driveway with an adjoining townhouse. Such driveway shall be set back at least 10 feet from any lot line of an adjoining townhouse that does not share the joint driveway and 10 feet from the closest point of any building except where attached to a garage.
(b)
A driveway located between a townhouse with an attached garage and a local road, private drive or alley must be set back a minimum of 10 feet from the closest point of any townhouse or other building not served by the driveway, other than a garage.
(c)
A driveway located between a townhouse without an attached garage and a local road, private drive or alley must be set back a minimum of 10 feet from any townhouse or other building not served by the driveway.
(d)
A garage located between a townhouse and a road, or private drive must be located no less than 25 feet from the street right-of-way or private drive cartway (whichever provides for the greater setback), 20 feet from the alley right-of-way or cartway (whichever provides for the greater setback), and in no case shall a garage be located in the front yard.
B.
Access drive requirements. Access drives, as defined in Article I, shall meet the following standards:
(1)
Number per lot. Except as specified elsewhere, the number of access drives intersecting with a street shall not exceed two per lot.
(2)
Setbacks. The edge(s) of all access drives shall be set back at least:
(a)
One hundred feet from the intersections of any street right-of-way lines;
(b)
One hundred feet from any other access drive located upon the same lot (measured from cartway edges); and
(c)
Fifteen feet from any side and/or rear lot lines; however, this setback would not apply along one lot line when a joint parking lot is shared by adjoining uses or a joint use access drive is proposed.
(3)
Clear-sight triangle. Access drives shall be located and constructed so that a clear-sight triangle as depicted below is provided as a minimum. The apexes of the triangle shall be located along all center lines, in all directions from the intersection of street and access drive. No building or obstructions and/or plant materials over 18 inches high shall be placed within the clear-sight triangle.
 |
(4)
Slope. Access drives shall not exceed a slope with an algebraic difference of 4% within 75 feet of the intersecting street center line.
(5)
Surfacing. All access drives shall be paved with concrete or bituminous paving material or another dust-free material suitable to the Township.
(6)
Access drive width. Access drives shall provide a twelve-foot-wide cartway for each lane of travel. However, in no case shall any access drive cartway be less than 15 feet wide if it provides for truck movement between the public right-of-way and any required off-street loading spaces as regulated by § 204-36 of this chapter. Regulations of this section are subject to modification as required by PennDOT.
(7)
Permits required. Any access drive intersecting with a state-owned or Township-owned road shall require the obtainment of a Pennsylvania Department of Transportation driveway permit or a road occupancy permit from the Township, respectively.
(8)
Plan delineation. Access drive location shall be delineated on all plans/permits as applicable.
(9)
Joint use access drives.
(a)
Joint use access drives may be used to provide required vehicular access between nonresidential development and a street. The use of a joint use access drive shall only be approved when cross-access easements ensure common use, access and maintenance of the joint use access drive for each property owner or occupant relying upon said joint use access drive. Such cross-access easements shall be required in language acceptable to the Township Solicitor and Board of Supervisors.
(b)
Joint use access drives will be owned, maintained, and repaired by users of the joint use access drives in accordance with an ownership and maintenance agreement recorded in the office of the Recorder of Deeds of Cumberland County. Whenever a developer proposes to provide access to a development by a joint use access drive, the Township shall require that two copies of a proposed agreement be submitted with the plan as well as two copies of an appropriate deed restriction. The agreement and deed restriction shall establish responsibility for maintenance and repair of the joint use access drive, including mowing, snow and ice removal, maintenance of clear sight distance within the clear-sight triangle, and upkeep of the road bed and drainage facilities. References to said agreement shall be provided on the plans and recorded with the final subdivision or land development plan.
§ 204-33 Materials and waste handling requirements.
A.
All nonresidential, multifamily dwellings/apartment uses shall be required to provide detailed information regarding materials and waste handling, including:
B.
Evidence shall be provided indicating that the disposal of all materials and wastes will be accomplished in a manner that complies with local, state and federal regulations. Such evidence shall, at a minimum, include copies of contracts with waste haulers licensed to operate within Cumberland County which have been contracted to dispose of the materials and wastes used or generated on site or some other legal means of disposal. The zoning permit for this use shall remain valid only so long as such contracts remain in effect and all materials and wastes are properly disposed of on a regular basis. Should the nature of the use change in the future, such that the materials used or wastes generated changes significantly either in type or amount, the owner shall so inform the Zoning Officer and shall provide additional evidence demonstrating continued compliance with the requirements of this section.
§ 204-34 Number of principal use/structure per lot.
The number of principal uses and/or principal structures permitted per lot in all zones shall be subject to the following criteria:
A.
A lot in the VMU, NC, C/LI, and IND Zones may include more than one permitted principal use and/or structure, provided all other requirements of this chapter are met. If differing dimensional requirements apply for different uses on the lot, then the most restrictive requirement shall apply.
(1)
For example, if use A requires twenty-foot setbacks and use B on the same lot requires ten-foot setbacks, then the lot shall have minimum setbacks of 20 feet.
(2)
The lot may include a condominium form of ownership of individual buildings, with a legally binding property owner or other similar-type association, if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor and Board of Supervisors, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
B.
A lot within the AG, RR, R-1 and R-2 Zones shall not include more than one principal use or one principal structure unless specifically permitted by this chapter.
(1)
A mobile home park, condominium residential development, single-family attached, or multifamily dwelling/apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met.
(2)
A condominium form of ownership of individual dwelling units, with a legally binding homeowners' or other association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor and Board of Supervisors, that there will be appropriate legal mechanisms in place and compliance with applicable state law.
§ 204-35 Off-street parking requirements.
A.
Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. Off-street parking shall be provided whenever:
B.
Parking for single-family dwellings. Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carports or driveways. Driveways shall be in accordance with the provisions of § 204-32A of this chapter.
C.
Parking for all other uses.
(1)
General requirements.
(a)
Site plan. Each application for a zoning permit (or a use for which parking spaces are required) shall include a drawing (site plan) showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below. No zoning permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.
(b)
Surface. All parking lots shall be constructed and maintained with a paved surface of concrete or bituminous materials or another approved durable and dustless surface.
(d)
Lighting. Adequate lighting shall be provided and arranged so in accordance with the provisions of § 204-37B(9) of this chapter.
(e)
Access drives. Every parking lot shall be connected to a street by means of an access drive. Access drives shall be in accordance with the provisions of § 204-32B of this chapter.
(f)
Location. Except as provided elsewhere, off-street parking may be located in any yard, subject to any specific requirements of this code or any code regulating parking in this chapter.
(2)
Parking requirements.
(b)
Access. Parking areas for more than one dwelling shall be designed so that each vehicle may proceed to and from the parking space without requiring the moving of any other vehicle.
(c)
Marking. All parking lots shall be adequately marked and maintained for the purpose of defining parking spaces and interior drives. Where paving is required, the lines of all parking spaces and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. Painted lines, arrows and dividers shall be provided and maintained to control parking and direct vehicular circulation.
(d)
Separation. Parking spaces shall be guarded by curbs or other protective devices, which are arranged so that parked cars cannot project into access and interior drives, streets, yards or walkways.
(f)
Joint parking lots.
[1]
For nonresidential uses, 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 the uses. Such reduced parking spaces must be appropriately distributed on the lot to provide convenient walking distance between every vehicle and each of the uses.
[2]
Required parking spaces may be provided in parking lots designated to jointly serve two or more establishments or uses, provided that the number of required spaces in such joint facility shall not be less than the total required separately for all such establishments or uses. However, where it can be conclusively demonstrated that one or more 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:
(g)
Schedule of required spaces. The following lists required numbers 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 8-15-2024 by Ord. No. 2024-01]
Table 204-35A - Agricultural/Forestry Parking Space Requirements Agricultural and Forestry Uses | |
|---|---|
Type of Use | Minimum Required Spaces |
Agribusiness | 1 space per nonresident farm employee on the peak shift, plus 2 spaces per dwelling unit |
Agriculture (excluding agribusiness) | 1 space per nonresident farm employee on the peak shift, plus 2 spaces per dwelling unit |
Forestry | 1 space per employee on the peak shift |
Nature preserve and wildlife sanctuary | 1 space per each acre or portion thereof devoted to the use |
Riding school and horse boarding stable | 1 space per 2 stalls, plus 1 space per every 4 seats of spectator seating, plus 2 spaces per dwelling unit |
Table 204-35B - Residential Parking Space Requirements Residential Uses | |
|---|---|
Type of Use | Minimum Required Spaces |
Bed-and-breakfast | 2 spaces per dwelling unit, plus 1 space for each guest/sleeping room; and |
Other uses beyond the dwelling unit and guest/sleeping rooms, and open to the public: number of spaces normally required for similar uses listed elsewhere within this schedule | |
Boarding/rooming house | 2 spaces per dwelling unit of owner/resident manager and other permanent residents, plus 1 space for each sleeping/rooming unit for let |
Continuing care retirement facility, long-term care nursing home, and/or personal care facility (individual or in combination with the following: | Personal care or nursing care centers: 1 space for each 4 beds, plus 1 space per employee on largest shift. |
Apartment units: 1.25 spaces per dwelling unit. | |
Cottage units (single-family units): 1 space per dwelling unit, plus 1 space per 5 units for guest parking. | |
Other uses not specified herein above: number of spaces normally required for similar uses listed elsewhere within this schedule | |
Flag lot residence | 2 spaces per dwelling unit |
Group home | 2 spaces per dwelling unit, plus 1 space for each 4 residents |
Mobile home park | 2 spaces per dwelling unit, plus 1/2 additional space per dwelling unit shall be provided in a common visitor parking compound. Such visitor parking lots shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to any unit served. |
Multifamily dwellings/apartments | 3 spaces per dwelling unit; such parking spaces can take the form of private access drives, driveways, or garages and/or common parking lots, provided all spaces required are within 150 feet of the unit served In addition, for developments containing more than 6 multifamily dwellings and/or conversions, there shall be provided off-street parking/storage space for boats, travel trailers, tent campers, and trailers used to transport recreation vehicles; such space shall be provided at a minimum rate of 100 square feet per dwelling unit and shall be placed at only 1 location that is no less than 50 feet from any dwelling unit; such storage space shall be screened from all dwellings |
Multiunit residential conversions | Two dwelling units: 2 spaces per dwelling unit |
Three or more dwelling units: 3 spaces per dwelling unit; such parking spaces can take the form of private access drives, driveways or garages and/or common parking lots; of these spaces, at least 2 must be provided on the same individual lot as the principal dwelling unit, and the remaining 1 space may be provided within common parking lots provided all spaces required are within 150 feet of the unit served In addition, for developments containing more than 6 single-family attached, there shall be provided off-street parking/storage space for boats, travel trailers, tent campers, and trailers used to transport recreation vehicles; such space shall be provided at a minimum rate of 100 square feet per dwelling unit and shall be placed at only 1 location that is no less than 50 feet from any dwelling unit; such storage space shall be screened from all dwellings. | |
Single-family attached dwelling | 3 spaces per dwelling unit; such parking spaces can take the form of private access drives, driveways or garages and/or common parking lots; of these spaces, at least 2 must be provided on the same individual lot as the principal dwelling unit, and the remaining 1 space may be provided within common parking lots provided all spaces required are within 150 feet of the unit served In addition, for developments containing more than 6 single-family attached, there shall be provided off-street parking/storage space for boats, travel trailers, tent campers, and trailers used to transport recreation vehicles; such space shall be provided at a minimum rate of 100 square feet per dwelling unit and shall be placed at only 1 location that is no less than 50 feet from any dwelling unit; such storage space shall be screened from all dwellings |
Single-family detached dwelling | 2 spaces per dwelling unit |
Single-family semidetached dwelling | 2 spaces per dwelling unit |
Two-family dwellings | 2 spaces per dwelling unit |
Table 204-35C - Nonresidential Parking Space Requirements Nonresidential Uses | |
|---|---|
Type of Use | Minimum Required Spaces |
Adult-related uses | 1 space per 200 square feet of net floor area, plus 1 space per employee on the peak shift |
Airports/air pads/heliports/helipads | 1 space for each 4 air vehicles stored, plus 1 space for each employee on the peak shift |
All other uses | Number of spaces normally required for similar uses listed elsewhere within this schedule |
Animal hospital | 2 spaces per exam table, plus 1 space per employee on the peak shift |
Automobile wrecking, junk and scrap storage and sales | 1 space per 1/2 acre or portion thereof, plus 1 space per employee on the peak shift |
Automobile, boat, heavy equipment mobile home, recreational vehicle and similar motor vehicle rental/sales, repair/service, washing and/or fuel/gas sales | 1 space per employee on the peak shift plus: |
Rental/sales: 1 space per 15 vehicles or units of motor vehicle equipment | |
Repair/service: 2 spaces per service bay | |
Washing: 1 space per 200 square feet of office floor area, plus 3 stacking spaces per wash bay | |
Fuel/gasoline sales/distribution: 1 space per fuel pump which may be provided at fuel pumps at a ratio of not more than 2 spaces per each pump (1 on each side), plus 1 space for each employee on the peak shift | |
Billboard | 1 space per billboard |
Campground | 1 space per campsite, plus 1 space per employee on the peak shift, plus 1/2 of the spaces normally required for accessory uses listed elsewhere within this schedule |
Cemetery | 5 spaces, plus 1 space per employee on the peak shift |
Clinic, medical | 4 spaces per patient examination room, plus 1 space per employee on the peak shift |
Club, clubhouse or lodge, private | 1 space per 200 square feet of gross floor area, plus 1 space per employee on the peak shift |
Commercial recreation, indoor | 1 space per 200 square feet of gross floor area, plus 1 space per employee on the peak shift |
Commercial recreation, outdoor | 1 space per 200 square feet of gross floor area, plus 1 space per employee on the peak shift; or if completely outside of a structure 1 space per each 3 users at maximum utilization, plus 1 space per employee on the peak shift |
Communication, television, and radio transmitting and receiving tower antennas, towers, and equipment | 1 space per lot |
Contractors' office and storage yard | 1 space per 750 square feet of office gross floor area, plus 1 space per employee on the peak shift |
Convenience store | 1 space per 100 square feet of net floor area, plus 1 space per fuel pump, plus 1 space per employee on the peak shift |
Copy shop/business service | 1 space per 200 square feet of net floor area, plus 1 per employee on the peak shift |
Day care, commercial | 1 space per employee on the peak shift, plus 1 space per 6 client (adult or child) enrolled |
Financial services | 1 space per 400 square feet of gross floor area, plus 1 space per employee on the peak shift |
Food service | 1 space per employee on the peak shift plus: |
Delivery: 1 space per vehicle stored on site | |
Direct patron food sales/consumption: 1 space per 6 seats if restaurant is provided or 1 space per 200 square feet of gross floor area open to and accessible to the public, whichever is greater | |
Funeral home | 25 spaces for 1st parlor, plus 10 spaces for each additional parlor |
Golf course | 4 spaces per hole, plus 1 space per employee on the peak shift, plus 1/2 of the spaces normally required for accessory uses listed elsewhere within this schedule |
Home improvement center, lumber, and building materials sales | 1 space per 500 square feet of gross floor area (indoor and outdoor) open to and accessible to the public, plus 1 space per employee on the peak shift |
Hospital | 2 spaces per 3 beds, plus 1 space per employee on the peak shift |
Hotels | 1 space per guest/sleeping room, plus 1 space per employee on the peak shift, plus 1/2 of the spaces normally required for accessory uses listed elsewhere within this schedule |
Industrial use, heavy | 1 space per 1,000 square feet of gross floor area of the building up to 20,000 square feet, plus 1 space for each 2,000 square feet gross floor area of the building up between 20,000 square feet and 40,000 square feet, plus 1 space for each 3,000 square feet gross floor area of the building in excess of 40,000 square feet 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 |
Industrial use, light | 1 space per 1,000 square feet of gross floor area of the building up to 20,000 square feet, plus 1 space for each 2,000 square feet gross floor area of the building up between 20,000 square feet and 40,000 square feet, plus 1 space for each 3,000 square feet gross floor area of the building in excess of 40,000 square feet 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 |
Kennel, commercial | 1 space per each 15 animals based on maximum animal capacity, plus 1 space per employee on the peak shift |
Principal solar energy system | 1 space per employee on the peak shift, plus 1 space per vehicle stored on site |
Large wind energy production facility | 1 space per employee on the peak shift, plus 1 space per vehicle stored on site |
Laundry and dry cleaning establishment (industrial) | 1 space per 1,000 square feet of gross floor area of the building up to 20,000 square feet, plus 1 space for each 2,000 square feet gross floor area of the building up between 20,000 square feet and 40,000 square feet, plus 1 space for each 3,000 square feet gross floor area of the building in excess of 40,000 square feet 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 |
Laundry and dry cleaning establishment (personal) | 1 space per 300 square feet of net floor area, plus 1 space per employee on the peak shift |
Library | 1 space per 400 square feet of gross floor area, plus 1 space per employee on the peak shift |
Massage therapy | 1 space per table, plus 1 per employee on the peak shift |
Mineral extraction and recovery operation | 1 space per each employee on the peak shift |
Mini-storage warehouses | 1 space per 25 storage units, plus 1 space per employee on the peak shift |
Motor vehicle auction | 2 spaces per 1,000 square feet of gross floor area of building, plus 1 space per employee on the peak shift, plus 1 space per 20 vehicle display spaces |
Motels | 1 space per guest/sleeping room, plus 1 space per employee on the peak shift, plus 1/2 of the spaces normally required for accessory uses listed elsewhere within this schedule |
Municipal-owned uses | Number of spaces normally required for similar uses listed elsewhere within this schedule |
Nightclubs | 1 space per 100 square feet of net floor area, plus 1 space per employee on the peak shift |
Offices, business professional | 1 per 300 square feet of gross floor area, plus 1 per employee on the peak shift |
Offices, medical | 2 per patient examination room, plus 1 per employee on the peak shift |
Outdoor farmer's market and/or flea market | 1 space per 400 square feet of gross floor area (indoor and outdoor) open to and accessible to the public, plus 1 space per employee on the peak shift |
Outdoor shooting range | 2 spaces per target, plus 1 space per employee on the peak shift |
Parking lot and parking structure | 1 space per employee on the peak shift |
Parks, playgrounds and other noncommercial recreational uses | 3 spaces per acre or portion thereof |
Personal services | 1 space per 300 square feet of net floor area, plus 1 space per employee on the peak shift |
Place of worship | 1 space per 3 seats based on maximum seating capacity, or 1 space per 250 square feet of gross floor area |
Post office | 1 space per 200 square feet of net floor area, plus 1 space per employee on the peak shift |
Principal waste handling facility | 1 space per employee on the largest shift, or 1 space for each 1,000 square feet of gross floor area, whichever is greater |
Public/private utility buildings and structures | 1 space per employee on the peak shift, plus 1 space per vehicle stored on site |
Research laboratory | 1 space per 400 square feet of gross floor area |
Restaurant (fast food) | 1 space per 2 seats, plus 1 space for each 2 employees on the peak shift |
Restaurant (sit down) | 1 space per 4 seats, plus 1 space for each 2 employees on the peak shift |
Retail business | 1 space per 200 square feet of net floor area, plus 1 space per employee on the peak shift |
Sawmill | 1 per employee on the peak shift |
School, commercial | 1 space per 4 students, plus 1 space per employee on the peak shift |
Schools, public or private (primary) | 1 space per each 30 students enrolled, plus 1 space per employee, plus 1 space per each 30 seats for auditorium, gymnasium, or multipurpose room |
Schools, public or private (secondary) | 1 space per each 5 students enrolled, plus 1 space per employee, plus 1 space per each 30 seats for auditorium, gymnasium, or multipurpose room |
Schools, vocational | 1 space per 4 students, plus 1 space per employee on the peak shift |
Shopping center | Up to 50,000 square feet of gross floor area: 1 space per 25,000 square feet, or fraction thereof, of gross leasable floor area |
Between 50,000 and 100,000 square feet of gross floor area: 1 space per 20,000 square feet, or fraction thereof, of gross leasable floor area | |
Greater than 100,000 square feet of gross floor area: 5 spaces, plus 1 per 50,000 square feet, or fraction thereof, of gross leasable floor area over 100,000 square feet | |
Taverns/bars | 1 space per 4 seats, plus 1 space for each 2 employees on the peak shift |
Theater, indoor (excluding adult uses) | 1 space per 3 seats based on maximum seating capacity, or 1 space per 250 square feet of gross floor area, whichever is larger |
Travel plaza | 1 space per employee on the peak shift, plus number of spaces normally required for similar uses listed elsewhere within this schedule (i.e., restaurant, convenience store, etc.), in addition to truck and trailer parking |
Treatment center | 1 space for each 3 patient/client and 1 space for each employee on the peak shift |
Truck drop lot | 1 space per employee on the peak shift, in addition to truck and trailer parking |
Veterinary office | 2 spaces per exam table, plus 1 space per employee on the peak shift |
Warehousing, distribution, and wholesaling | 1 space per 1,000 square feet of gross floor area of the building up to 20,000 square feet, plus 1 space for each 2,000 square feet gross floor area of the building up between 20,000 square feet and 40,000 square feet, plus 1 space for each 3,000 square feet gross floor area of the building in excess of 40,000 square feet 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 |
Table 204-35D - Accessory Use Parking Space Requirements Accessory Uses | |
|---|---|
Type of Use | Minimum Required Spaces |
Accessory apartment | 1 space per accessory apartment dwelling unit, in addition to parking spaces required with the permitted business |
Automated banking facility | 2 spaces when not associated with on-site principal bank or other financial service, otherwise no minimum required |
Day care, accessory | 2 spaces per dwelling unit as part of principal use |
Day care, family | 2 spaces per dwelling unit as part of principal use, plus 1 per nonresident employee, plus 1 for patron use |
Drive-through facilities | No minimum required |
Farm occupation | 1 space per nonresident farm employee on the peak shift as part of the principal use, plus 2 spaces per dwelling unit, plus 1 space per nonresident employee of the farm occupation, plus 1 parking space per potential patron on site at one time |
Home occupation | 2 spaces per dwelling unit as part of principal use, plus 1 space per nonresident employee |
No-impact home occupation | 2 spaces per dwelling unit as part of principal use |
Noncommercial keeping of livestock | 2 spaces per dwelling unit as part of principal use |
Outdoor cafe/dining | No minimum required |
Roadside stand | In addition to the spaces required as part of the principal use, 1 space per 50 feet of gross floor area or 2 spaces, whichever is greater |
Rural occupation | 2 spaces per dwelling unit as part of principal use, plus 1 space per nonresident employee |
(3)
Interior drives.
(a)
Widths.
[1]
Interior drives between rows of parking spaces shall have the minimum widths indicated in the following table:
Table 204-35E - Interior Drive Standards | |||
|---|---|---|---|
Angle of Parking | Owwne-Way Traffic Width of Driveway (feet) | Two-Way Traffic Width of Driveway (feet) | |
90° | 25 | 25 | |
60° | 20 | 22 | |
45° | 18 | 22 | |
30° | 11 | 22 | |
Parallel | 11 | 22 | |
[2]
Interior drives in areas where there is no parking permitted shall be at least 11 feet wide for each lane of traffic.
(b)
Horizontal curves. Not less than a four-foot radius of curvature shall be permitted for horizontal curves in parking areas.
(c)
Backup area. All dead-end parking lots shall be designed to provide sufficient backup area for all end spaces.
(d)
Speed bumps.
[1]
Speed bumps, constructed as part of access or interior drives or parking lots, shall be marked with permanent, yellow diagonal stripes.
[2]
The speed bumps shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed.
[3]
There shall be a warning sign posted at each entrance to a parking area having speed bumps.
[4]
In no case shall the overall height (or depth) of speed bumps exceed three inches.
(4)
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:
(5)
Landscaping and screening. The following landscaping and screening requirements shall apply to all parking lots:
(a)
Landscaped strip. When a parking lot is located in a yard which abuts a street right-of-way, a landscaped strip screened with a minimum 2 1/2 foot high hedge, berm, fence, wall or other measure to prevent distraction and confusion from parking cars' headlights, shall be provided on the property along the entire street line. If there is no building or other structure on the property, the parking lot shall still be separated from the street right-of-way by the landscaped strip. This strip shall be measured from the street right-of-way line. The strip may be located within any other landscaped strip required to be located along a street. The following lists required width of landscape strips:
Table 204-35F - Parking Lot Landscape Strip Requirements | ||
|---|---|---|
Number of Spaces in Parking Lot, Including Joint Facilities | Landscape Strip Width Measured From Street Right-of-Way Line (feet) | |
Fewer than 100 | 15 | |
100 to 250 | 20 | |
Over 250 | 25 | |
(b)
Interior landscaping.
[1]
In any parking lot containing 20 or more parking spaces (except a parking garage), 5% of the total area of the parking lot shall be devoted to interior landscaping. Such interior landscaping may be used, for example, at the end of parking space rows to break up rows of parking spaces at least every 10 parking spaces and to help visually define travel lanes through or next to the parking lot. Landscaped areas situated outside the parking lot, such as peripheral areas and areas surrounding buildings, shall not constitute interior landscaping. For the purpose of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands and curbed areas. Ground cover alone is not sufficient to meet this requirement. Trees, shrubs or other approved material shall be provided as set forth in § 204-30 of this chapter. At least one shade tree shall be provided for each 300 square feet, or fraction thereof, of required interior landscaping area. Such trees shall have a clear trunk at least five feet above finished grade.
[2]
Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to ensure no greater overhang.
[3]
If a parking lot of fewer than 20 spaces is built without interior landscaping and later additional spaces are added so that the total is 20 or more, the interior landscaping shall be provided for the entire parking lot.
(6)
Paved area setbacks (including off-street parking setbacks).
(a)
The paved area setbacks in this section are applicable to all districts where paved area setbacks are not specified. The setback areas required by this section shall be maintained in grass or other appropriate natural ground cover and shall not be covered with paving, except for approved access and driveway entrances and concrete sidewalks of the required widths. The setbacks required by this section shall not apply to driveways serving one or two dwellings on a lot, but shall apply to all other parking areas.
(b)
All paved areas required by this section shall be set back a minimum of 10 feet from any right-of-way or lot line unless a larger setback is required within a particular district.
§ 204-36 Off-street loading facilities.
A.
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 be provided whenever:
B.
General requirements.
(1)
Site plan. 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. 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.
(2)
Location. Except as provided elsewhere, all ground level loading area should be located in side or rear yards.
(3)
Sizes. The following lists required minimum loading space sizes (excluding access drives, entrances and exits):
Table 204-36A - Loading Design Standards | ||||
|---|---|---|---|---|
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 | |
(4)
Separation. 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.
(5)
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.
(6)
Surface. All off-street loading facilities, including access drives, shall be constructed and maintained with a paved surface of concrete or bituminous materials.
(7)
Drainage. Off-street loading facilities (including access drives) shall be drained to prevent damage to other properties or public streets in accordance with Article X, Stormwater Management Plan and Design Criteria, set forth in Chapter 180, Subdivision and Land Development. 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.
(8)
Lighting. Adequate lighting shall be provided and arranged so in accordance with the lighting provisions § 204-37B(9) of this chapter.
(10)
Schedule of required loading spaces.
Table 204-36B - Loading Space Requirements | |||
|---|---|---|---|
Type of Use | Number of Spaces Per | Gross Floor Area/Dwelling Unit | |
Hospital or other institution | None | First 10,000 square feet | |
1 | 10,000 to 100,000 square feet | ||
1 | Each additional 100,000 square feet (or fraction) | ||
Hotel, motel and similar lodging facilities | None | First 10,000 square feet | |
1 | 10,000 to 100,000 square feet | ||
1 | Each additional 100,000 square feet (or fraction) | ||
Industry or manufacturing | None | First 2,000 square feet | |
1 | 2,000 to 25,000 square feet | ||
1 | Each additional 40,000 square feet (or fraction) | ||
Multifamily dwelling | None | Less than 100 dwelling units | |
1 | 100 to 300 dwelling units | ||
1 | Each additional 200 dwelling units (or fraction) | ||
Office building, including financial institutions | None | First 10,000 square feet | |
1 | 10,000 to 100,000 square feet | ||
1 | Each additional 100,000 square feet (or fraction) | ||
Retail businesses | None | First 2,000 square feet | |
1 | 2,000 to 10,000 square feet | ||
2 | 10,000 to 40,000 square feet | ||
1 | Each additional 100,000 square feet (or fraction) | ||
Shopping centers (integrated shopping centers, malls and plazas): up to 50,000 square feet of gross floor area; | 1 | Per 25,000 square feet, or fraction thereof, of gross leasable floor area | |
Shopping centers (integrated shopping centers, malls and plazas): between 50,000 and 100,000 square feet of gross floor area: | 1 | Per 20,000 square feet, or fraction thereof, of gross leasable floor area | |
Shopping centers (integrated shopping centers, malls and plazas): greater than 100,000 square feet of gross floor area: | 5 | Plus 1 per 50,000 square feet, or fraction thereof, of gross leasable floor area over 100,000 square feet | |
Theater, auditorium, bowling alley or other recreational establishment | None | First 10,000 square feet | |
1 | 10,000 to 100,000 square feet | ||
1 | Each additional 100,000 square feet (or fraction) | ||
Funeral home | None | First 3,000 square feet | |
1 | 3,000 to 5,000 square feet | ||
1 | Each additional 10,000 square feet (or fraction) | ||
Wholesale or warehousing (except mini-warehousing) | None | First 1,500 square feet | |
1 | 1,500 to 10,000 square feet | ||
1 | Each additional 40,000 square feet (or fraction) | ||
§ 204-37 Performance standards for all uses.
All uses in all zones shall be subject to the following performance standards:
A.
All projects that require the additional use of new facilities or essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, streetlighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval. No availability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The jurisdiction is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the jurisdiction agrees otherwise. All service extensions shall be designed and installed in full conformance with the jurisdiction's standards for such service, and shall be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.
B.
All uses shall be subject to and comply with the following regulations, or as amended, where applicable.
(1)
Vibration. Ground vibration inherently and recurrently generated on the lot and detectable without instruments on any adjacent lot in any zone shall be prohibited, except that temporary vibration as a result of construction or vehicles which leave the lot (such as trucks, trains, airplanes and helicopters) shall be permitted. Otherwise all of the applicable rules and regulations of the Pennsylvania Department of Environmental Protection shall be complied with.
(2)
Noise. Noise from nonresidential and mixed uses which are determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled. Otherwise all of the applicable rules and regulations of the Pennsylvania Department of Environmental Protection shall be complied with.
(3)
Air pollution. Airborne emissions and odor: No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is harmful to health, animals, vegetation or other property or which can cause spoiling of property. Otherwise all of the applicable rules and regulations of the Pennsylvania Department of Environmental Protection shall be complied with.
(4)
Odors. No malodorous gas or matter shall be permitted which is discernible at any and all lot lines of the subject property on which the odor source is located.
(5)
Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Fish and Boat Commission, Department of Environmental Protection, and The Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. § 691, or as amended.
(6)
Mine reclamation and open pit setback: Pennsylvania Act 147, the "Surface Mining Conservation and Reclamation Act" of 1971, or as amended.
(7)
Heat. Any operation producing intense heat shall be conducted within an enclosed building or with other effective screening in such a manner as to make such heat completely imperceptible from any point along the lot line. No heat from any use shall be sensed at any lot line to the extent of raising the ambient temperature of air or materials more than 5° F.
(8)
No use or operation shall be permitted which creates a public nuisance or hazard to adjoining property by reason of fire, explosion, radiation or other similar cause. Additionally, all uses and operations shall comply with the following:
(a)
Electromagnetic interference. In all zones, no use, activity or process shall be conducted which produces electric and/or magnetic fields which adversely affect public health, safety and welfare, including but not limited to interference with normal radio, telephone or television reception and/or transmission off the premises where the activity is conducted.
(b)
Fire and explosive hazards. Fire protection and firefighting equipment, procedures and safety protocols acceptable to the North Middleton Township fire standards, and Township fire and building codes, and other applicable ordinance shall regulate hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the occupancy of a structure or premises.
(c)
Toxic and hazardous substance storage. Storage of toxic and hazardous substance shall meet the requirements of the Pennsylvania Department of Environmental Protection, Pennsylvania Labor and Industry, and/or the United States Environmental Protection Agency.
(9)
Outdoor lighting. Outdoor lighting is permitted subject to the following criteria:
(a)
Purpose. The purpose of this section is to require and set minimum standards for outdoor lighting to:
[1]
Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.
[2]
Protect drivers and pedestrians from the glare of nonvehicular light sources.
[3]
Protect persons, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources.
[4]
Promote energy efficient lighting design and operation.
[5]
Protect and retain the intended visual character of various scenic venues throughout North Middleton Township.
(b)
Applicability.
[1]
The provisions of this subsection shall apply to all lighting associated with, required or proposed with any action that constitutes land development or subdivision within North Middleton Township where there is interior or exterior lighting viewable from outside, including but not limited to residential, commercial, industrial, public and private recreational/sports and institutional uses, and sign, billboard, architectural and landscape lighting applications.
[2]
The glare-control requirements herein contained apply to outdoor lighting in all uses, applications and locations.
[3]
Emergency lighting, as may be required by any public agency while engaged in the performance of their duties, or for illumination of the path of egress during an emergency as described in NFPA 75 and NFPA 101, is exempt from the requirements of this section.
[4]
Temporary seasonal decorative lighting is exempt from all but the glare-control requirements of this subsection.
(c)
Criteria.
[1]
Illumination levels. Lighting, where required by this chapter, or otherwise required or permitted by the Zoning Officer, shall have intensities, uniformities and glare control in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the Board of Supervisors.
[2]
Lighting shall conform to the North Middleton Township Building Code, including the currently adopted International Energy Conservation Code published by the International Code Council, and the standards referenced therein for required Exterior Lighting Power Densities and Exterior Lighting Power Allowances, as published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. and the Illuminating Engineering Society of North America (ASHRAE/IESNA 90.1 Standard).
[3]
Lighting fixture design.
[a]
Fixtures shall be of a type and design appropriate to the lighting application.
[b]
For the lighting of predominantly horizontal surfaces, such as but not limited to parking areas; roadways and streets; vehicular and pedestrian passage areas; sales, display, merchandising and storage areas; automobile filling/servicing facilities; automobile, heavy equipment and similar motor vehicle rental/sales, loading/unloading areas; culs-de-sac; 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 500 lumens, e.g., the rated output of a standard nondirectional 40 watt incandescent or 10 watt compact fluorescent lamp, are exempt from the requirements of this subsection. In the case of decorative streetlighting, the Zoning Officer may approve the use of luminaires that are fully shielded or comply with IESNA cutoff criteria.
[c]
For the lighting of predominantly nonhorizontal surfaces, such as but not limited to building facades, landscaping, signs, billboards, fountains, sales/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 residences, adjacent uses, past the object being illuminated, skyward or onto a public street. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard nondirectional 40 watt incandescent or 10 watt compact fluorescent lamp, are exempt from the requirements of this subsection.
[4]
Control of glare.
[a]
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 roadways and so as not to create a nuisance by projecting or reflecting objectionable light, including excessive illumination, glare, light pollution and light trespass, onto another use or property.
[b]
Directional fixtures, such as floodlights and spotlights, shall be so shielded, installed and aimed so that they do not project their output into the windows of residences, adjacent uses, past the object being illuminated, skyward or onto a public street or pedestrianway. Floodlights, when installed on a building, pole or otherwise installed above grade on properties in residential use, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from the property in residential use, the floodlight shall be required to be re-aimed and/or fitted with a shielding device to block the view of the glare source from that property.
[c]
Exterior lighting fixture types, commonly called "barn lights," "dusk-to-dawn lights," or "yard lights," when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that adjacent property.
[d]
Parking facility and vehicular and pedestrianway lighting (except for safety and security applications and all-night business operations) for nonresidential 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. When it can be demonstrated to the satisfaction of the Board of Supervisors that an elevated security risk exists, e.g., a history of relevant crime, an appropriate increase above the 25% limit may be permitted.
[e]
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 full cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
[f]
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.
[g]
The illumination projected from any property onto a nonresidential use shall at no time exceed one footcandle, measured line-of-sight from any point on the receiving property.
[h]
Only the United States and the state flag shall be illuminated from dusk till dawn. All other flags shall not be illuminated between 11:00 p.m. and dawn. 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 adequately shielded so that it is not visible at normal viewing angles.
[i]
Lighting for use underneath canopies for such applications as automobile filling/service stations, hotel/theater marquees, and automobile drive throughs 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 footcandles and the maximum shall not exceed 30 footcandles.
[j]
The use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications/television towers is prohibited during hours of darkness, except as specifically required by Federal Aviation Administration (FAA).
[k]
Except as permitted for certain recreational lighting and permitted elsewhere in this subsection, fixtures shall not be mounted in excess of 20 feet above finished grade of the surface being illuminated. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. For uses in all commercial and industrial zones having contiguous paved parking and maneuvering areas in excess of 30,000 square feet, at the sole discretion of the Zoning Officer, North Middleton Township may permit the use of a mounting height not to exceed 25 feet for fixtures meeting IESNA full-cutoff criteria when it can be demonstrated to the Zoning Officer that light trespass and glare control requirements in this section have been met. For recreational lighting maximum mounting height requirements, refer to § 204-37B(9)(f) relating to recreational uses.
[l]
Illumination of all building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes serving businesses, shall be extinguished automatically no later than 11:00 p.m. until dawn, except that such illumination for businesses that remain open past 11:00 p.m. is permitted while the establishment is actually open for business, and until 1/2 hour after closing.
[m]
Illumination of signs and billboards. The lighting of new or relighting of existing billboards and signs shall require a building permit, which shall be granted when the Zoning Officer is satisfied that excessive illumination, glare, light pollution and light trespass have been adequately mitigated, and shall be subject to the standards in § 204-41, relating to signs, § 204-49, relating to billboards, as well as the following requirements:
[i]
The illumination of billboards shall be limited to IND Zone and the illumination of billboards within 1,000 feet from property in the residential zones (R-1 and R-2) or existing residential use.
[ii]
Illumination by light-emitting diode (LED) type lighting. Illumination of all signs (excluding billboards) by LED type lighting shall only be permitted in the VMU, NC, C/LI, and IND zones and shall be static. Illumination of all billboards by LED type lighting shall be static. The LED output shall be automatically reduced to a brightness level that does not create glare during hours of darkness.
[iii]
Illumination of all signs and billboards serving businesses shall be extinguished automatically no later than 11:00 p.m. and remain extinguished until dawn, except that illumination of all signs (excluding billboards) for businesses that remain open past 11:00 p.m. is permitted while the establishment is actually open for business, and until 1/2 hour after closing.
[iv]
Externally illuminated signs and billboards shall have 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. Lighting shall be by linear fluorescent unless it can be demonstrated to the satisfaction of the Zoning Officer that such a mounting arrangement is not possible. At no point on the face of the sign or billboard and at no time shall the illumination exceed 30 footcandles during hours of darkness.
[v]
Internally illuminated signs and billboards shall have a dark field and light message. The aggregate output of the light sources shall not exceed 500 lumens per square foot of sign face per side.
[vi]
The use of highly reflective signage that creates nuisance glare or a safety hazard shall not be permitted.
[vii]
Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.
[5]
Installation.
[b]
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 or wide-swinging vehicles, 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 methods approved by the Zoning Officer.
[c]
Pole-mounted fixtures for lighting horizontal tasks shall be aimed straight down and poles shall be plumb/vertical.
[d]
Poles and brackets for supporting lighting fixtures shall be those specifically manufactured for that purpose and shall be designed and rated for the weights and wind loads involved.
[e]
Pole foundations shall be designed consistent with the wind loads and local soil conditions involved.
[6]
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this section.
(d)
Plan submission. Where site lighting is required by this chapter, is otherwise required by the Zoning Officer, or is proposed by applicant, lighting plans shall be submitted to the Township for review and approval for all zoning permit, building permit, subdivision and land development, conditional use, special exception and variance applications. The submitted information shall contain the following:
[1]
A plan or plans of the site, complete with all existing and proposed structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all existing and proposed exterior lighting fixtures, including but not limited to area, architectural, building entrance, canopy, soffit, landscape, flag, sign, etc., by location, orientation, aiming direction, mounting height, lamp, photometry and type.
[2]
A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter or as otherwise required by the Zoning Officer. When the scale of the plan, as judged by the Zoning Officer, makes a ten-foot-by-ten-foot grid plot illegible, a larger grid spacing may be permitted.
[3]
The maintenance (light-loss) factors, IES candela test-filename, lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the presented illuminance levels.
[4]
Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods.
[5]
When landscaping plans are involved, they shall contain the lighting fixture locations and shall demonstrate that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.
[6]
When requested by the Township, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate the potential consequences of on-site and off-site glare. This plan may require the inclusion of footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.
[7]
Plan notes. The following notes shall appear on the lighting plan:
[a]
Postapproval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to North Middleton Township for review and approval. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment and lighting plans, including a point-by-point plot, as required above, that demonstrate full compliance with the plan previously approved by North Middleton Township.
[b]
The Township reserves the right to conduct postinstallation inspections to verify compliance with the chapter requirements and approved lighting plan commitments, and if deemed appropriate by the Zoning Officer, to require remedial action at no expense to the Township.
[c]
All exterior lighting shall meet IESNA full-cutoff criteria unless otherwise specifically approved by the Board of Supervisors.
[d]
Installer shall notify North Middleton Township to arrange for inspection and approval of all exterior lighting, including building-mounted lighting, prior to its installation.
(e)
Residential development fixture placement.
[1]
For residential developments where lot sizes are or average less than 20,000 square feet, streetlighting shall be provided at the following locations:
[a]
Intersections of public roads with entrance roads to the proposed development.
[b]
Intersections involving proposed public or nonpublic major thoroughfares, including collector and arterial roads within or immediately adjacent to the proposed development.
[c]
The apex of the curve of any major-thoroughfare road, public or nonpublic, within the proposed development, having a radius of 300 feet or less.
[d]
Cul-de-sac bulbs.
[e]
Terminal ends of center median islands having concrete structure curbing, trees and/or other fixed objects not having breakaway design for speeds of 25 m.p.h. or greater.
[f]
Defined pedestrian crossings located within the development.
[g]
At other locations along the street as deemed necessary by the Zoning Officer but, in no case, shall lighting fixtures be spaced more than 500 feet apart.
[2]
Where lot size limits the parking of less than two vehicles on the residential lot, thereby necessitating on-street parking, streetlighting may be required along the length of the street.
[3]
In multifamily developments, common parking areas of five spaces or greater shall be illuminated.
[4]
In residential developments with lots of less than 20,000 square feet, where five or more common contiguous parking spaces are proposed, such spaces shall be illuminated.
(f)
Recreational uses. The nighttime illumination of outdoor recreational facilities for such aerial sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than normally allowed fixture mounting heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Zoning Officer is satisfied that the health, safety and welfare rights of nearby property owners and the Township as a whole have been properly protected. When recreational uses are specifically permitted by the Zoning Officer for operation during hours of darkness, the following requirements shall apply:
[1]
Race tracks and such recreational venues as golf driving ranges and trap-shooting facilities shall not be permitted to be artificially illuminated unless it can be demonstrated to the Zoning Officer that such lighting will not create a nuisance, shine on or into any residential properties or be visible to traffic on any nearby streets, roads or institutional or commercial parking lots. In any case, illumination shall not be accomplished by using any horizontally aimed fixture or floodlights nor shall these fixtures be aimed at an angle greater than 45° from the vertical.
[2]
Recreational facilities for basketball, baseball, football, soccer, miniature golf, tennis or track shall not be illuminated if located within a residential district or sited on a nonresidential property located within 1,000 feet of a residential district.
[3]
Sporting events at all recreational facilities shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of spectators and participants shall be extinguished by 11:00 p.m., regardless of such occurrences as extra innings or overtimes.
[4]
Maximum mounting heights for recreational lighting shall be in accordance with the following:
[5]
To assist the Zoning Officer in determining whether lighting will be permitted, applications for illuminating recreational facilities shall be accompanied not only with the information required under this subsection below but also by a visual impact plan that contains the following:
[a]
Plan views containing a layout of the recreational facility and showing pole locations and the location of residences on adjoining properties.
[b]
Elevations containing pole and fixture mounting heights, horizontal and vertical aiming angles and fixture arrays for each pole location.
[c]
Elevations containing illuminance plots at the boundary of the site, taken at a height of five feet line-of-sight.
[d]
Elevations containing illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this chapter.
[e]
Proposed frequency of use of the facility during hours of darkness on a month-by-month basis and proposed time when the sports lighting will be extinguished.
[f]
A narrative describing the measures proposed to achieve minimum off-site disturbance.
(g)
Streetlighting dedication.
[1]
When streetlighting is proposed to be dedicated to the Township, the applicant shall be responsible for all costs involved in the lighting of streets and street intersections until such time as the streets and streetlighting are accepted by the Township for dedication.
[2]
Prior to dedication and acceptance of any streetlighting by the Township, in the event of the formation of a homeowners' association or other ownership association, the Board of Supervisors shall require the declarant and/or association to enter into an agreement for the payment of and guaranty of the payment of all costs associated with streetlighting to be dedicated. Such costs shall include, but not be limited to, the Township's administrative costs, collection costs, insurance costs, electrical utility charges, maintenance, repair and replacement costs for fixtures, standards, poles and associated equipment. The agreement shall include a provision allowing the Township to assess the declarant, the association and/or each individual property, as the case may be necessary and appropriate, to collect all of the above-referenced costs and expenses. All costs associated with the establishment of the agreement and the establishment of any lighting district necessary to implement the provisions of this paragraph shall be paid by the applicant, declarant or association, as the case may be.
(10)
In order to determine whether a proposed use will conform to the requirements of this section, North Middleton Township may obtain a qualified consultant's report, whose cost for services shall be borne by the applicant.
§ 204-38 Required licenses, certificates, and permits.
All uses must comply with all applicable Township building, health, housing, rental, safety, property and other applicable local, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Township as part of any application or shall be a condition of approval.
§ 204-39 Roadway classifications.
For the purposes of this chapter, the Township's roads shall be classified in the following categories:
Table 204-39A - Roadway Classifications | |
|---|---|
Roadway Classifications | |
Route No. | |
Arterial Roads | |
Pennsylvania Turnpike | Interstate 76 |
Harrisburg Pike | Interstate United States 11, State Route 890 |
Spring Road | State Route 0034 |
West Trindle Road | State Route 0641 |
Newville Road | State Route 0641 |
Collector Roads | |
Cavalry Road | State Route 1001 |
Claremont Road | State Route 2002 |
Cranes Gap Road | Township Route T-531 |
Enola Road | State Route 0944 |
Longs Gap Road | Township Route T-494 |
McClures Gap Road | State Route 4027; Legislative Route 21033 |
North Middleton Road | Township Route T-495 |
Waggoners Gap Road | State Route 0074; Legislative Route 21032 |
Local Roads | |
All roads not listed as arterials or collectors | |
§ 204-40 Setback modifications and obstructions prohibited in easements and rights-of-way.
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. Except for decks, porches and patios, whether covered or not, setback regulations do not apply to the following accessory or appurtenant structures:
(1)
Bus shelters; telephone booths; and cornices, eaves, chimneys, steps, canopies and similar extensions.
(2)
Open fire escapes.
(3)
Minor public utility structures, articles of ornamentation or decoration.
(4)
Fences, hedges and retaining walls.
(5)
Compost piles.
(6)
Air-conditioning units.
(7)
Propane tank.
C.
Easement/right-of-way obstructions.
(1)
The erection, construction, placement, locating or planting of any improvement, fixture, fence, landscaping, vegetation, trees, shrubbery, or other object, whether permanent or temporary, within any public or private easement or Township right-of-way, with the exception of mailboxes on a single post, shall be prohibited.
§ 204-41 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 Township of North Middleton and are intended to:
(1)
Aid in traffic control and traffic safety.
(2)
Preserve and protect property values.
(3)
Lessen congestion of land and air space.
(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.
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)
Lighted signs shall comply with § 204-37B(9) relating to outdoor lighting, illumination of signs and billboards, other applicable standards herein this section, as well as the provisions below:
(a)
Signs may be interior lighted with nonglaring lights or may be illuminated by floodlights or spotlights that are shielded so there is no direct light transmitted to other properties or public rights-of-way.
(b)
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, provided that the light being emitted from the sign shall not cause a glare or emit light onto the surrounding area.
(7)
No sign shall be located so as to interfere with visibility for motorists at street or driveway intersections.
(8)
No sign located within 300 feet of any traffic light shall be illuminated with red, green or yellow lights or red, green or yellow neon tubing in accordance with Pennsylvania Department of Transportation (PennDOT).
(9)
All signs shall be constructed to the standards of the current North Middleton Township Building Code.
(10)
Signs must be positioned so that they do not interfere with any clear-sight triangle.
(11)
No loud, vulgar, indecent or obscene advertising matter shall be displayed in any manner, including but not limited to:
(12)
No sign shall be erected or located as to prevent free ingress or egress from any window, door or fire escape.
(13)
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.
(14)
No sign shall be permitted to be attached to public utility poles or trees which are within the right-of-way of any street.
(16)
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.
(17)
Except for flat wall signs affixed to bus shelters, 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.
(18)
Any sign attached to a building shall not be placed on the roof or be higher than the wall to which it is attached.
(19)
No point of a wall projecting sign shall be located less than 8 1/2 feet above the grade directly below the sign.
(20)
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 1/3% of the total display window area.
(21)
Determination of size of sign area.
(a)
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.
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(b)
Where a sign has two or more faces, the area of the larger face shall be used in determining the area of the sign.
(22)
No sign shall be placed on nor affixed to vehicles and/or trailers:
(a)
In such a manner that the carrying of such sign is no longer incidental to the vehicle's primary purpose of transporting persons and goods; and
(b)
That are parked on a public right-of-way, public or private property so as to be visible from a public right-of-way are prohibited where the apparent purpose is to advertise a product or direct people to a business, organization, or other activity.
C.
Specific sign regulations.
(1)
See Tables 204-41A, 204-41B, 204-41C, and 204-41D.[1]
[1]
Editor's Note: These tables are included as attachments to this chapter.
(2)
Nameplates or identification sign. Only the following types of nonilluminated, nonadvertising signs are permitted in all districts without the necessity of securing a building or zoning permit for such sign:
(a)
Signs indicating the name and address of the occupant or a permitted home occupation, provided that they shall not be larger than four square feet in area. Only one such sign per dwelling unit shall be permitted, except in the case of corner lots where two such signs (one facing each street) shall be permitted for each dwelling unit.
(b)
For buildings other than dwellings, a single identification sign not exceeding four square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot, two such signs (one facing each street) shall be permitted.
D.
Sign permits. For signs requiring permits, the following requirements shall apply prior to the erection of said signs:
(1)
Permit applications.
(a)
Application for a building or zoning permit shall be made at the Township Municipal 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 sign owner and the landowner.
[2]
A drawing to scale showing the location of the sign with reference to the adjoining lot lines and streets.
[3]
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.
[4]
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.
(2)
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.
(3)
Permit issuance. Following permit application approval, a sign permit will be issued by the Zoning Officer upon receipt of all required fees.
(4)
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.
§ 204-42 Temporary construction trailers or sheds.
Temporary construction trailers or sheds are permitted in all zones subject to the following criteria:
A.
Temporary construction trailers or sheds shall be permitted only during the period that the construction work is in progress. A permit for the temporary structure shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every 180 days.
B.
Temporary construction trailers or sheds shall be located on the lot on which the construction is progressing and shall not be located within 10 feet of any lot line abutting an existing residential use.
C.
Temporary construction trailers or sheds shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use.
D.
A temporary construction trailer may be permitted for use as a sales center for residential lots. The maximum gross floor area of such a temporary sales center shall be 500 square feet.
§ 204-43 Temporary personal storage.
The use of temporary, nontraditional storage units, including those commercially known as "PODS®," enclosed "container" of a box trailer, and commercial truck and trailers with or without wheels, but also vehicles such as limited to cars, trucks, buses, campers and mobile homes for storage of household items, shall not be permitted in the R-1, R-2, VMU, and NC Zones, nor upon any property with an existing residential use except in accordance with following:
A.
In the event of emergency storage needs arising from displacement of the occupants of the dwelling due to fire, flood, wind, other natural occurrence, or relocation of occupant. This exception will only be granted after the issuances of a temporary zoning permit by the Zoning Officer. The zoning permit shall expire 180 days from the date the permit was originally issued. Upon written request by the permit holder the zoning permit may be granted a time extension in sixty day intervals.
B.
Temporary, nontraditional storage units, including those commercially known as "PODS®," enclosed "container" of a box trailer, and commercial truck and trailers with or without wheels, but also vehicles such as limited to cars, trucks, buses, campers and mobile homes shall not be located within 10 feet of any lot line.
§ 204-44 Unenclosed storage.
A.
Recreational vehicles, boats, campers, trucks, and utility trailers. Within the R-1 and R-2 Zones or upon any property used principally for residential purposes, the storage of recreational vehicles, travel trailers, trucks, boats [including trailers used solely for the transport of the residents' recreational vehicle(s)], and utility trailers, is permitted only according to the following requirements:
(1)
For purposes of this section, recreational vehicles, travel trailers, boats [including trailers used solely for the transport of the residents' recreational vehicle(s)], and utility trailers are divided into two separate categories, as follows:
(a)
Class I vehicles: those recreational vehicles, travel trailers, boats [including trailers used solely for the transport of the resident's recreational vehicle(s)], and utility trailers 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 used solely for the transport of the residents' recreational vehicle(s)], and utility trailers that possess more than 200 square feet, as measured to the vehicle's outermost edges, exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle, or both. 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 to exceed 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 lot lines.
(3)
The storage of two Class I vehicles shall be permitted per lot behind the building setback line, so long as the unit is set back no less than 10 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 registration and prevent the leakage of fuels, lubricants, or both, into the ground.
(4)
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 the zone's principal use setbacks, or 10 feet, whichever is greater.
(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)
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 registration and prevent the leakage of fuels, lubricants, or both, into the ground.
(5)
The storage or parking of one truck upon any property used principally for residential purposes is permitted for commercial vehicles weighing less than 10,000 pounds gross vehicle weight.
(6)
In addition to the above, one utility trailer not exceeding 8,000 pounds rated hauling capacity shall be allowed in conjunction with the parking or storage of a Class I or Class II vehicle as described in this section, and must comply with all setback requirements described in this section.
(7)
Grandfathering. Existing recreational vehicles, boats, campers, trucks, and utility trailers are permitted to continue to remain in a nonconforming condition; however, registration of an existing recreational vehicle, boat, camper, truck, or utility trailer to a new owner of record after the adoption date of this chapter shall forfeit its grandfathered status and shall comply with the aforementioned requirements.
B.
Outdoor stockpiling. In all zones, the unenclosed stockpiling of any material, except fire wood, cut, split and stacked shall be prohibited.
C.
Trash, garbage, refuse or junk. Except as provided in this chapter, the outdoor accumulation of trash, garbage, refuse or junk for a period exceeding 10 days is prohibited.
D.
Dumpsters/recycling.
[Amended 1-17-2019 by Ord. No. 2019-01]
(1)
Except as permitted in § 204-44D(5), trash dumpsters and recycling containers (excluding those curbside containers used for municipal trash disposal) shall be located within a side or rear yard.
(2)
Except as permitted in § 204-44D(4) and (5), trash dumpsters and recycling containers shall not encroach into required setbacks or buffer yards.
(3)
Except as permitted in § 204-44D(4), trash dumpsters and recycling containers shall be screened in accordance with § 204-26 of this chapter, and equipped with a self-latching door or gate.
(4)
Individual trash dumpsters and recycling containers not exceeding 10 cubic yards each that are placed to serve the principal use on a lot zoned VMU, NC, CLI, or IND shall be permitted to be located at the lot line where the abutting lot is zoned VMU, NC, CLI, or IND and contains the same or similar use and where the use on either lot is not residential. Such dumpsters shall be screened with solid architectural walls to insure complete visual obstruction of dumpsters and containers. Screen construction shall consist of structurally solid, weather-resistant materials including, but not limited to, steel and masonry that can withstand impact. Chain-link fences, vinyl fences, and wood fences shall not be approved for the required screening. Screening shall be a minimum of 1 1/2 feet higher than the top of the dumpster. Enclosures shall be equipped with a self-latching, solid, opaque door or gate. A building permit shall be secured for the construction of the enclosure(s).
(5)
Temporary use of trash dumpsters not exceeding 30 cubic yards shall be permitted on a driveway or access drive for a maximum of 60 days to facilitate trash and debris removal for construction, renovation, and rehabilitation projects. A zoning permit must be secured to place a dumpster on a driveway or access drive. A zoning permit for the temporary placement of a dumpster on a driveway or access drive may be extended at thirty-day intervals. A fee equal to the fee for the original permit shall be imposed for a zoning permit extension for the temporary placement of a dumpster. Placement of dumpsters on driveways and access drives shall not encroach into the required clear sight triangle as shown in § 204-32. Temporary trash dumpsters shall not be used to store garbage or any materials that create odors considered a nuisance. Toxic and hazardous materials shall not be placed in dumpsters. Temporary trash dumpsters shall not be placed on driveways or access drives where such placement hinders access to lots by emergency responders.
E.
Domestic composts. The placement of framed enclosure composts as an accessory residential use is permitted. 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.
F.
Parking or storage of unlicensed or uninspected motor vehicles. No more than one unlicensed motor vehicle in good running condition, per occupied dwelling, may be stored on a graveled or paved driveway that is provided for customary residential use. Motor vehicles without current, valid license plates or inspection stickers which are more than 60 days beyond their expiration date shall not be parked or stored in any zone other than in a completely enclosed building that complies with accessory structure setbacks. The requirements of this section shall not be applicable to farm implements and other farm vehicles not normally used as a means of conveyance on public highways. Nothing contained herein shall be deemed to authorize the parking or storage of any motor vehicle in any zone, unless such motor vehicle is an accessory use to the present use of the lot. Notwithstanding the foregoing, this section, in and of itself, shall not be interpreted to prevent the unenclosed storage of motor vehicles without current, valid license plates or current, valid inspection stickers if such storage is performed in conjunction with the legal operation of a automobile wrecking, junk and scrap storage and sales establishment, impoundment yards, and motor vehicle auctions.
§ 204-45 Use of on-lot sewage disposal systems.
A.
Regardless of any lot area requirements listed elsewhere in this chapter, the minimum required lot size may be increased to ensure an acceptable level of nitrate-nitrogen in the adjoining groundwater. Such determinations will be made by the PADEP 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.
B.
Every use relying upon on-lot sewage disposal systems shall be required to properly maintain and repair such systems.