Pennsbury Township City Zoning Code
ARTICLE XIX
General Regulations
§ 162-1901 Applicability.
The provisions of this article represent regulations and standards which are common to all of the zoning districts contained in this chapter. Unless exempted by applicable provisions or specified limitations, the following standards shall apply to all uses and development whether or not specific reference is made hereto in another article of this chapter. In the event that the provisions of this article conflict with other provisions of this chapter, the more restrictive provisions shall apply.
§ 162-1902 Lot, yard, and height requirements.
A.
Reduction of lot area. No lot shall be reduced through subdivision so that the area of the lot or the dimensions of the required yards and open space shall be less than required in this chapter.
B.
Yard calculations. No yard or other space surrounding any building or structure for the purpose of complying with this chapter shall be considered as a yard or other space for another principal building or structure.
C.
Projections into required yards. All required yard areas shall be unobstructed except as follows:
(1)
An arbor, open trellis, flagpole, unroofed steps, terraces, fences, and a driveway in the front, side and rear yards; energy system components satellite dishes or other antennas in the rear yard only; and accessory buildings or structures, including but not limited to patios and decks in the side and rear yard only, providing such a projection shall be no closer than the setback required for accessory buildings or structures in the district in which the lot is located.
(2)
Roofed terraces, patios, canopies or awnings not included in the area calculation of a building may project into any side or rear yard a maximum of 15 feet, provided such a projection shall be no closer than the setback required for accessory buildings or structures in the district in which the lot is located.
D.
Corner and reverse-frontage lots.
(1)
Corner lots. A front yard as provided for in the lot area, bulk, and coverage requirements for the various districts shall be required on each street on which a corner lot abuts. Other yards shall be as defined for corner lot in Article II. Accessory buildings shall be located behind the setback lines of both streets.
(2)
Reverse-frontage lots. For reverse (double) frontage lots, the minimum front yard setback shall be met along both streets. Accessory buildings shall be located behind the setback lines of both streets.
E.
Flag lots. If a lot does not abut a street, the lot must be connected to a street by a fee simple right-of-way at least 50 feet in width, with 25 feet in width that is clear of obstructions for access by emergency vehicles, and with a cartway of not less than 16 feet in width, or the lot must be serviced by a common private driveway as defined by Chapter 138, Subdivision and Land Development. There shall be no more than three lots served by any such right-of-way or common private driveway.
F.
Height limitations. No radio, television, or dish residential antenna can extend more than 10 feet above the peak of the roof of the principal structure. No other building, structure, or mechanical penthouse shall exceed the height limitations of this chapter, except for church steeples, spires, belfries, cupolas, monuments, silos, observation towers, transmission towers, water towers, chimneys, smoke stacks, flagpoles, masts, windmills, solar panels, and other similar structures not devoted to human occupancy, provided the minimum setback for each structure from any lot line is a distance equal to or greater than the proposed height unless otherwise provided for in this chapter. Exceptions to the height limitations that are not freestanding should be designed as part of the principal structure as fully as practical.
§ 162-1903 Off-street parking.
A.
General standards.
(1)
Off-street parking spaces with proper and safe access from street or aisle shall be provided on each lot, either within a structure or in the open to serve the uses within the district adequately.
(2)
Buildings, vehicular circulation and open space shall be arranged so that pedestrians moving between buildings and parking areas are not unnecessarily exposed to vehicular traffic.
(3)
The proposal of any off-street parking in conjunction with a subdivision or land development shall be in accordance with this chapter as well as Chapter 138, Subdivision and Land Development.
(4)
A change in any off-street parking strictly based on a change of use shall be in accordance with this chapter.
B.
Location.
(1)
All parking spaces must be located on the same lot as the use to be served unless otherwise authorized by the Board of Supervisors, subject to the following conditions:
(a)
The owners of two or more nonresidential establishments proposing to share parking spaces shall submit a sketched drawing with their application for a zoning permit, or a site plan with a preliminary or final plan application in the case of a subdivision or land development, showing the location of the proposed common off-street parking area, along with a signed agreement stating agreement of joint use (such as hours of operation) and maintenance responsibilities.
(b)
Some portion of a common off-street parking area shall lie within 200 feet of an entrance, regularly used by patrons, into the buildings served thereby.
(2)
In no case shall any portion of a public or private street be utilized in complying with the parking requirements of this section.
(3)
Parking spaces for nonresidential uses shall not be located in the front yard setback areas.
(4)
For multifamily residential developments, the parking spaces shall be within 100 feet of the dwelling they serve.
C.
Size. The following schedule (Figure 19-1) of parking space and layout standards shall apply to all parking facilities in accordance with this section:
 |
A. Angle | B. Stall Length (feet) | C. Aisle (feet) | D. Stall Width (feet) | E. Total Width (feet) |
|---|---|---|---|---|
90° | 20 | 24 | 9.5 | 64 |
60° | 21 | 18 | 9 | 60 |
45° | 20 | 15 | 9 | 55 |
30° | 17 | 12 | 9 | 46 |
Note: Parallel parking spaces shall be at least 24 feet in length and eight feet in width. |
D.
Design.
(1)
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.
(2)
Parking spaces for over 20 vehicles shall be so divided by permanent raised curbing that access lanes are clearly defined, and that moving traffic will be confined to designated access lanes.
(3)
All parking spaces shall be marked by durable painted lines at least four inches wide and extending the length of the space or by curbs or other means to indicate individual spaces. Signs or markers located on the surface within a parking lot shall be used as necessary to ensure efficient and safe traffic operation of a lot.
(4)
Parking spaces shall have paved all-weather surface, unless otherwise approved by the Board of Supervisors. All parking spaces shall have safe and convenient access in all seasons. Stacked parking spaces (one in front of another) are prohibited. Parking areas shall be maintained in a clean orderly and dust-free condition. Parking areas shall have a minimum slope of 1% in any direction to provide for drainage and a maximum of slope of 6% in any direction for safety, user convenience and stormwater runoff. Parking areas shall be provided with adequate stormwater drainage facilities to prevent damage or inconvenience to abutting property and/or public streets and alleys.
(5)
Parking areas shall be landscaped and screened in accordance with § 162-1908. Parking areas with greater than 20 spaces shall have landscaped islands. Such vegetated island shall be 200 square feet for every 20 spaces.
(6)
Handicapped parking shall be identified with a clearly visible marking displaying the international symbol of access and be in accordance with the provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, and applicable Pennsylvania regulations.
E.
Requirements.
(1)
Residential.
(a)
Two off-street parking spaces for each dwelling unit having three or less bedrooms; three off-street parking spaces for each dwelling unit having four or more bedrooms.
(b)
Residential garages shall not be counted as off-street parking spaces.
(c)
Each parking space shall have proper and safe access from the street or alley; driveways shall be so constructed as to permit vehicles to turn around on the lot, so as to eliminate the necessity of backing either on or off the lot.
(e)
Parking spaces shall have an approved all-weather surface and shall have safe and convenient access in all seasons.
(3)
Commercial.
(a)
Eating and drinking establishment without table service (including fast-food restaurants): 15 spaces per 1,000 square feet of gross floor area.
(b)
Eating and drinking establishment with table service: 12 spaces per 1,000 square feet of gross floor area.
(c)
Hotel/motel: one space per unit plus eight additional spaces per 50 units.
(d)
Warehouse, wholesale sales: one space per 1,000 square feet of gross floor area.
(e)
Gas station (without repair service): one space per gas nozzle plus two stacking spaces per gas nozzle.
(f)
Gas station (with repair service): one space per gas nozzle plus two stacking spaces per gas nozzle plus two spaces per garage bay.
(g)
Automobile sales and service, automobile repair shop: one space for each 400 square feet of gross floor area plus two spaces per bay. Outdoor display area for automobile sales shall not be included in the required parking spaces.
(h)
Retail sales, consumed goods (sales of consumed or perishable goods with little seasonal variation in demand: includes supermarkets, and other similar retail establishments): 3.5 spaces per 1,000 square feet of gross floor area.
(i)
Retail sales, capital goods (sales of capital or nonperishable items which often have some seasonal fluctuation in demand; includes shopping centers, department stores, gift shops, jewelers, apparel and personal accessories, nurseries, bookstores, and other similar retail establishments): five spaces per 1,000 square feet of gross floor area.
(j)
Car wash: for a self-service facility, four stacking spaces per wash bay plus two drying spaces per wash bay. For a full-service, automated tunnel-type facility, eight stacking spaces per wash "line" plus eight drying spaces per wash "line."
(k)
Laundromat: one space per two washing machines.
(l)
Self-storage, mini warehouse: one space per six rentable storage units; or one space per 10 rentable storage units where there is sufficient room for loading/unloading immediately adjacent to the front of each drive-up storage unit.
(m)
Financial institution, bank: four spaces per 1,000 square feet of gross floor area.
(n)
Personal services: five spaces per 1,000 square feet of gross floor area.
(o)
Child/adult day-care facility: two spaces per 10 children/adult clients, plus one space per employee, plus one stacking space per 20 children/adult clients.
(p)
Junkyard: three spaces per one acre.
(q)
Lumberyard: three spaces per 1,000 square feet of gross floor area in sales or display area, plus one space per 1,000 square feet of gross floor area of warehouse.
(s)
Bed-and-breakfast: one space for each guest room, plus one space for each employee and two spaces for the owner.
(t)
Farm produce stands, roadside stands: a minimum of five off-street parking spaces per stand.
(u)
Kennel: one space for every two kennel runs plus one space for each employee.
(v)
Catering establishment: three spaces per 1,000 square feet of gross floor area plus one space for every employee.
(w)
Mechanical repair or fabrication shop: three spaces per 1,000 square feet of gross floor area.
(x)
Trucking establishment: two spaces per 1,000 square feet of gross floor area plus one space per employee.
(y)
Convenience store: eight spaces per 1,000 square feet of gross floor area.
(z)
Adult-oriented establishments: as determined necessary by the Board of Supervisors upon recommendation of the Planning Commission.
(4)
Professional.
(a)
Office buildings, business services, laboratories, and research and development facilities: 3.5 spaces per 1,000 square feet of gross floor area.
(b)
Office park: three spaces per 1,000 square feet of gross floor area.
(c)
Medical/dentist office: six spaces per 1,000 square feet of gross floor area.
(d)
Professional services/offices: five spaces per 1,000 square feet of gross floor area.
(e)
Funeral home: 20 spaces per 1,000 square feet used for the operation of the funeral home or one space per four seats, whichever is greater.
(f)
Veterinary hospital: three spaces per treatment room plus one space for each veterinarian or employee.
(g)
Industrial park: three spaces 1,000 square feet of gross floor area.
(5)
Recreational.
(a)
Cinema: one space per three seats.
(b)
Bowling alley: five spaces per lane.
(c)
Health/fitness club: seven spaces per 1,000 square feet of gross floor area.
(d)
Club or lodge: one space per three members the facility is designed to accommodate plus one space per employee.
(e)
Golf course: four spaces per hole plus 75% of the requirements for any other associated use.
(f)
Swim club, public pool: 10 spaces per 1,000 square feet of pool floor area.
(g)
Miniature golf: three spaces per hole.
(h)
Indoor amusement arcade: one space per 200 square feet of gross floor area.
(i)
Riding stable: two spaces per stall plus one space per employee.
(6)
Institutional.
(a)
Community center: one space for each three seats in the main assembly hall or eight spaces per 1,000 square feet of gross floor area, whichever is greater.
(b)
Assisted-living facility, nursing home: 0.5 space per bed and one space per employee.
(c)
Hospital: two spaces per bed.
(d)
Retirement community, age-restricted community: one space per each dwelling unit plus one space per employee.
(e)
Place of worship, church: one space per every 54 inches of bench space, per International Building Code standards.
(f)
Elementary school: one space per 15 students plus one space per employee.
(g)
Junior high/middle school: one space per 15 students plus one space per employee.
(h)
High school: one space per four students plus one space per employee.
(i)
University without dormitories, community college: 20 spaces per classroom.
(j)
University with dormitories: one space per dormitory room, plus two per classroom.
(k)
Airport: 30 spaces per 1,000 square feet of gross floor area in terminal.
(l)
Utility installation: two spaces per facility.
(m)
Library: four spaces per 1,000 square feet of gross floor area.
(n)
Museum: three spaces per 1,000 square feet of gross floor area in gallery.
(o)
Public transit station: Varies according to service area.
(p)
Municipal uses/government uses: one space per employee plus one space per two persons permitted at maximum capacity.
(q)
Cemetery: varies depending on if accessory to a place of worship but in accordance with the recommendation of the Township Engineer.
(r)
Fire or emergency service facility: 15 spaces plus one space per employee or volunteer.
(7)
Special exception or conditional use. For any use permitted by special exception or conditional use, it shall be the burden of the applicant to present evidence of the parking needs of the proposed use, and additional evidence thereon may be presented by the Planning Commission or Board of Supervisors. The Zoning Hearing Board in granting a special exception, or the Board of Supervisors in granting conditional use approval, may attach specific parking requirements, which may be equivalent to, greater than, or less than the requirements set forth herein.
(8)
Accessory or combined uses.
(a)
If an accessory use, such as a restaurant or an auditorium, in connection with a principal use, is open to the public, the off-street parking requirement for the accessory use shall be in addition to that of the principal use.
(b)
The Planning Commission may recommend approval of the alternating use of parking facilities in cases where parties wish to cooperatively establish and operate parking facilities and where these uses generate parking demands primarily during hours when the remaining uses are not in operation. The burden of proof for a reduction in the total number of required parking space shall remain with the applicant and documentation shall be submitted to the Planning Commission substantiating the reasons for the requested parking reduction.
(9)
Uses not specified or where the number of spaces varies. The parking space requirements for uses not listed in Subsection E(1) through (6) above shall be defined by the Board of Supervisors upon recommendation by the Planning Commission. Such determination shall be based upon the requirements for the most comparable use specified in one of these subsections and upon recommendation of the Township Engineer.
(10)
Reserve parking. The number of parking spaces to be constructed may be less than the number of spaces required herein in the event that the following conditions are met to the satisfaction of the Board of Supervisors.
(a)
Evidence is submitted documenting that the special nature of the proposed occupancy or use of the building requires less parking spaces than required by this subsection for the same.
(b)
The ancillary information provided along with a zoning permit application or in the case of a subdivision or land development plan, a site development plan, submitted to and recommended for approval by the Planning Commission in accordance with Chapter 138, Subdivision and Land Development, shall indicate the location and layout of the required parking area. Such design shall include those parking areas deemed unnecessary at the time of application and that will be constructed according to the requirements of this subsection in the event that the Board of Supervisors determines at any time that all or any additional portion of this parking is necessary and in the public health, safety, and welfare. Such area shall be designated as "reserved parking" on the site plan of record.
(c)
No more than 20% of the required parking shall be provided in reserve spaces. In no event shall that authorized portion of the required parking area which is not to be constructed, but reserved for possible future uses, be counted as open space or other nonpaved area required by other provisions of this chapter.
(d)
If reserved parking areas are built when determined necessary by the Board of Supervisors, the reserved parking areas shall be built with materials approved by the Township Engineer.
§ 162-1904 Loading and unloading.
A.
In connection with any building or structure which is erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading and unloading spaces not less than the minimum requirements specified in this section:
(1)
Location. All required loading and unloading spaces shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any street right-of-way or traffic lane. No loading or unloading space for vehicles of more than two-ton capacity shall be located less than 100 feet from any residential district. No permitted or required loading or unloading space shall be located within 50 feet of a property line. No loading or unloading spaces shall be constructed between the building setback line and a street right-of-way line, or within any required yard areas.
(2)
Size. A required off-street loading and unloading space shall be at least 14 feet in width by at least 50 feet in length, exclusive of aisle and maneuvering space, and shall have vertical clearance of at least 16 feet. For proposed uses in which no deliveries will be made by large trucks or tractor trailers, the minimum size required for a loading and unloading space may be reduced, at the direction of the Board of Supervisors, to 12 feet by 30 feet.
(3)
Access. Each required off-street loading and unloading space shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements, and shall be subject to the approval of the Township. Such access shall have all-weather surfaces to provide safe and convenient access during all seasons.
(4)
Surfacing. All open off-street loading and unloading spaces shall be improved with a compacted stone base not less than seven inches thick, or equal, surfaced with not less than two inches of asphaltic concrete or some comparable all-weather dustless material.
(5)
Repair and service. No storage of any kind, nor motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading space.
(6)
Space allocated. Space allocated to any off-street loading or unloading space shall not, while so allocated, be used to satisfy the off-street parking requirements for any facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.
(7)
Require spaces.
(a)
Retail sales, business and personal services, shopping centers, wholesale sales, and commercial services:
Size (square feet) | Number of Loading/Unloading Spaces |
|---|---|
Less than 5,000 | 0 |
5,000 to 15,000 | 1 |
15,001 to 40,000 | 2 |
40,001 to 100,000 | 3 |
100,001 to 300,000 | 4 |
Over 300,000 | 5 |
(b)
All industrial uses, warehousing, distribution centers:
Size (square feet) | Number of Loading/Unloading Spaces |
|---|---|
Less than 5,000 | 0 |
5,000 to 40,000 | 1 |
40,001 to 70,000 | 2 |
70,001 to 110,000 | 3 |
110,001 to 160,000 | 4 |
160,001 to 240,000 | 5 |
240,001 to 350,000 | 6 |
350,001 to 500,000 | 7 |
Over 500,000 | 8 |
(c)
Offices (including office parks), banks, financial and professional services, and medical clinics:
Size (square feet) | Number of Loading/Unloading Spaces |
|---|---|
Less than 5,000 | 0 |
5,000 to 40,000 | 1 |
40,001 to 100,000 | 2 |
100,000 to 300,000 | 3 |
Over 300,000 | 4 |
(d)
Hotels, motels, nursing homes, hospitals, and assisted-living facilities; excludes ambulance spaces and emergency room spaces for nursing homes and hospitals:
Size (square feet) | Number of Loading/Unloading Spaces |
|---|---|
Less than 10,000 | 0 |
10,000 to 100,000 | 1 |
100,001 to 200,000 | 2 |
Over 200,000 | 3 |
§ 162-1905 Access and traffic control.
In order to minimize traffic congestion and hazards, and encourage orderly development of street frontage, the following regulations shall apply:
A.
Residential lots abutting two or more streets. Unless clearly impractical or inappropriate from a safety or traffic planning perspective, lots which abut two or more streets shall take their primary access to the street of lesser functional classification as defined by the Pennsbury Township Comprehensive Plan. Where mobility of the higher order street will not be compromised, as determined by the Township Engineer, a secondary access point on the higher order road may be considered by the Township.
B.
Access for residential uses.
(1)
Unless clearly impractical, all lots in a residential subdivision shall have direct access only to a local street.
(2)
Where lots within a residential subdivision are created having frontage on existing major or minor arterial, or major or minor collector streets within the Township, the subdivision street pattern shall provide reverse frontage access to local streets within the subdivision rather than access to the existing arterial or collector streets and all such lots shall be provided with a minimum rear yard of 80 feet from the street line of any arterial, collector or local street.
(3)
All lots radiating from a cul-de-sac turnaround shall have a minimum of 50 feet frontage at the street right-of-way line.
C.
Ingress and egress.
(1)
No driveway shall be situated within five feet of a side or rear property line, except where common driveways are utilized.
(2)
Nonresidential parking lots or common residential parking areas for multifamily uses, or areas for off-street parking or for the storage or movements of motor vehicles, shall not directly abut a public street unless separated from the street by at least 10 feet by a raised curb and a buffer planting strip, except for necessary accessways to any one public street for each 500 feet of frontage. The buffer or planting strip shall be planted in lawn grass and/or low-growing plant species which at maturity will not obstruct motorist's views. Other required landscaping of parking lots or parking areas shall be in accordance with applicable sections of this chapter and the design standards found in Chapter 138, Subdivision and Land Development.
(3)
Where practical, access to nonresidential and common residential parking areas shall be provided by a common service driveway. No such accessway shall be more than 35 feet in width.
(4)
All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those relating to a dwelling, shall be adequately illuminated.
(5)
No parking, loading or service area shall be located within front yard setback areas in the Highway Commercial (HC) or Light Industrial (LI) District.
(6)
In the case of a shopping center, light industrial, professional office park or similar groupings of buildings, constructed as part of an integrated plan, and in any other use where practicable, there shall not be more than two accessways to any public street for each 500 feet of frontage. All parking, loading or service areas used by motor vehicles shall be located entirely within the lot line of the property. All accessways to a public street shall be located not less than 100 feet from the intersection of any street lines. All accessways shall be designed to conform to the design standards found in Chapter 138, Subdivision and Land Development.
(7)
All accessways to a public street for a single commercial, industrial or institutional use shall be located not less than 50 feet from the intersection of any street lines. There shall be no more than one accessway for a single use, unless an additional accessway is determined necessary by the Township Engineer in consultation with the Township for reasons of safety or mobility. All accessways shall be designed to conform to the design standards found in Chapter 138, Subdivision and Land Development.
(8)
If minimum accessway spacing cannot be achieved due to constraints, the accessway shall be located the farthest possible distance away from the intersecting roadway. In such cases, directional connections (i.e., right in/right out only) may be required by the Township.
(9)
All commercial, industrial, or institutional uses, or where deemed appropriate by the Township in consultation with the Township Engineer, on lots which abut two or more streets shall take their primary access to the street of higher functional classification as defined by the Pennsbury Township Comprehensive Plan. Where mobility of the higher functional class street or safety will be compromised, as determined by the Township Engineer in consultation with the Township, access to the lower functional class street may be considered.
§ 162-1906 Interior circulation and emergency access.
§ 162-1907 Obstructions to vision.
A.
On any lot, along any street, or at a point of entry onto a street such as but not limited to a driveway, no wall, fence, hedge, tree, shrub or other obstruction shall be erected, placed or allowed to grow in a manner which may obscure the view of approaching traffic.
§ 162-1908 Screening and buffering.
A.
The following standards are established to create buffers and screens between potentially conflicting adjacent land uses. Buffer areas, buffer planting strip, and screen shall be as defined in Article II of this chapter. Buffer areas, buffer planting strips, and screens shall be required as noted in Table 19-2. In addition, the Township may require suitable buffer area, buffer planting strip, or screen between uses that are deemed to require buffering and screening due to potential disruption or negative impact on the adjacent use or district. The minimum general plant types and spacing requirements shall be as set forth in Table 19-3.
Table 19-2 Buffer and Screen Requirements | ||||
|---|---|---|---|---|
New Use to be Buffered | Adjacent Use or District | Minimum Buffer Area Width (feet) | Minimum Buffer Planting Strip Width (feet) | Buffer or Screen, Percent Coverage |
Commercial use | Existing residential use Existing institutional use Residential District | 25 | 15 | Screen, 100% |
Industrial use | Existing residential use Existing institutional use Residential District | 50 | 25 | Screen, 100% |
Institutional use | Existing residential use Residential District | 50 | 25 | Buffer, 70% to 80% |
Any residential use | Roadway | 25 | 15 | Buffer, 70% to 80% |
Mobile home park | Other residential use or district | 50 | 25 | Buffer, 70% to 80% |
Multifamily use | Other residential use or district | 100 | 30 | Buffer, 70% to 80% |
Retirement community | Other residential use or district | 100 | 30 | Buffer, 70% to 80% |
Table 19-3 General Type*, Size, and Spacing Requirements for Plants and Other Materials within a Buffer Area, Buffer Planting Strip, or Screen | |
|---|---|
Buffer Area. The following trees and shrubs shall be installed at minimum: | |
• | 1 canopy tree per 30 lineal feet of lot frontage; and |
• | 1 flowering tree per 60 lineal feet of lot frontage; and |
• | 1 flowering shrub per 10 lineal feet of lot frontage. |
Buffer Planting Strip. The following trees and shrubs shall be installed, at minimum: | |
Trees: | |
• | 1 evergreen tree not less than 6 feet in height per 10 lineal feet of perimeter property boundary placed in a double staggered row within the width required for the district; and |
• | 1 evergreen tree not less than 6 feet in height per 20 feet; and |
• | 1 deciduous tree not less than 2 1/2 inches in caliper per 10 lineal feet of perimeter property boundary placed in a double staggered row; and |
• | Shall not be closer than 5 feet from any property line. |
Shrubs: | |
• | 1 deciduous and/or evergreen shrub per 6 lineal feet of perimeter property boundary, the minimum height of which shall be 3 feet. |
• | Shrubs shall not be placed closer than 3 feet from any property line. |
Screen. A combination of the following materials shall be installed to achieve a 100% screen, a minimum of 6 feet in height (unless otherwise required by this chapter). A minimum ten-foot-wide buffer planting strip is required in conjunction with any fence or wall. | |
• | Plant materials |
• | Walls (in accordance with § 162-1915) |
• | Berms |
• | Fencing (in accordance with § 162-1915) |
* | Refer to Appendix A of Chapter 138, Subdivision and Land Development, for details pertaining to the recommended and approved plant types. |
B.
General buffer and screen requirements.
(1)
Buffer areas, buffer planting strips, and screens shall be designed and maintained in accordance with § 138-522 of Chapter 138, Subdivision and Land Development. The recommended and approved plant list is set forth in Appendix A of Chapter 138, Subdivision and Land Development. The Township may permit other plant varieties if: they are hardy to the area; are not subject to blight or disease; and are of the same general character and growth habit as those listed in Appendix A.
(2)
The buffer area, buffer planting strip, or screen may be included in yard setbacks.
(3)
Buffer planting strips or screens shall be in place the full length of the lot lines at the time of occupancy of any buildings, and/or at the time of initiation of any use.
(4)
The applicant is encouraged to install plantings in naturalistic groupings rather than in linear strips, if a satisfactory buffer can be achieved.
(5)
A plan and cross-section of all proposed buffer areas, planting strips, and screens are required to be submitted. Plans shall be subject to review and approval by the Board of Supervisors upon the recommendation of the Planning Commission and review by the Township Engineer or other qualified professional.
(6)
Existing vegetation. Existing deciduous trees larger than two inches in caliper and/or existing evergreen trees six feet or larger in height shall be counted towards the buffer area, buffer planting strip, or screen requirement. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer area except: where clearance is required to ensure needed vehicular or utility access, to preserve sight distance, or to remove invasive species. Additional planting material may be required to meet the standards of this article.
(7)
Buffer planting strip requirements may be refined as approved by the Township if fences, walls and/or berms are proposed. The use of earth sculpting or berms can be part of the buffer area frontage landscaping for properties along Baltimore Pike if topography and lack of existing woodlands permit. Such earth sculpting or berms shall not block the clear site distance required at intersections and driveways.
(8)
All plantings in a buffer area, buffer planting strip, or screen shall be installed and thereafter maintained by the property owner, homeowners' association, or entity for which maintenance responsibilities were assigned on the approved plan. Required plantings shall not be removed without prior approval of the Township. If such plantings are removed, become diseased, or die, the Township may require that they be replaced in kind at the expense of the property owner, homeowners' association, or responsible party.
(9)
The species of trees used for buffering or screening below power lines shall be chosen based on the approximated mature height in order to avoid conflicts with overhead utilities.
(10)
The plantings shall be broken only at points of vehicular or pedestrian access, or as otherwise provided in this section.
(11)
Buffer areas, buffer planting strips, and screens shall be kept clean of all debris, rubbish, and weeds.
(12)
Structures permitted within the buffer area, buffer planting strip, or screen include:
(a)
Landscape treatment such as berms, fences or walls which aid in buffering and screening and do not conflict with the character of adjoining properties, or block the clear sight distance required at intersections;
(b)
Appurtenant landscaping structures such as: tree wells, tree guards and tree grates and retaining walls used to preserve stands or specimens of existing trees or used for functional purposes;
(c)
Roads and driveways which provide direct ingress/egress for the tract or lot, including appurtenant structures within such road rights-of-way such as curbs, sidewalks, signs, lighting standards or benches; and
(d)
Underground utilities.
(e)
No other structure shall be placed within the buffer area, buffer planting strip, or screen and no manufacturing or processing activity, or storage of materials shall be permitted. Signs are not permitted on top of berms.
(13)
The Board of Supervisors may prescribe reasonable additional requirements in keeping with the rural and historical character of the Township, the Brandywine Battlefield National Historic Landmark Planning Area, and the surrounding uses and environment.
C.
D.
Parking lot and parking area screening requirements. Parking lots and parking areas for more than five vehicles shall be screened as follows:
(1)
The perimeter of all such off-street parking areas or parking lots shall be screened from any abutting property or major arterial street.
(2)
Screening shall be six feet in height at the time of planting (except within the clear sight triangle) through the use of the following: plant materials or walls, and/or mounding through the use of berms and forming a continuous visual screen. Fencing may be used for screening only when specifically approved by the Township. If a wall is approved as a means of screening, it would be exempt from the setback requirements of this chapter.
(3)
The area for planting, fencing, walls or berms shall not extend beyond the front facade of the building, except in instances where parking has been permitted beyond the front facade of the building, in which case screening is permitted. No off-street parking or loading and unloading facilities shall be located within 20 feet of the street line, unless provided for otherwise in other sections of this chapter.
E.
Recreational vehicles and motor homes stored in a side yard in a residential district (parked for more than 72 hours) shall be screened from adjoining residential lots.
§ 162-1909 Outdoor storage and display.
B.
All storage, whether of merchandise, inventory held for sale or otherwise, shall be completely screened from view from any public right-of-way and any contiguous residential use; except that merchandise displayed for retail sale outside of a building shall be permitted during normal business hours where such retail use is authorized by this chapter, subject to such setback restrictions as they are applicable to the particular zoning district. No outdoor storage or display of merchandise, articles, materials, goods or equipment shall be permitted beyond the front lines of the building, within the required yard areas, street right-of-way, parking areas, sidewalks, or other areas intended for pedestrian or vehicular use, except in the case of a sidewalk sale, garage sale, flea market, public auction, or display of goods in the Village Commercial (VC) Zoning District.
C.
All material shall be stored in such a manner as to prevent emission onto neighboring properties or into the soil, whether through the air (e.g., dust), on the surface (e.g., water runoff) or subsurface (e.g., liquid seepage).
D.
All organic rubbish or garbage shall be contained in tight vermin-proof containers, which shall also be screened from view from any public right-of-way and any contiguous residential use. In multifamily developments of greater than 10 units (but excluding townhouse developments), mobile home parks and retirement communities with common refuse areas, institutional uses, commercial uses, and industrial uses, garbage storage shall be centralized to expedite collection and enclosed on at least three sides.
E.
On residential lots, recreational vehicles, motor homes, or other major recreational equipment shall be parked or stored in a carport or enclosed building, or within a rear yard or side yard, and shall be located no closer to a property line than the required setback lines for accessory uses for the applicable use; provided, however that such equipment may be parked anywhere on the lot for a period not to exceed 24 hours during loading and unloading. No such recreational equipment shall be used for dwelling purposes when parked or stored on a residential lot.
F.
Commercial and industrial uses which require large amounts of land for outdoor storage or display. For all industrial and commercial uses and districts, storage of materials, equipment or vehicles, but not including parking and similar activities, shall generally be carried on within a building and shall meet the provisions of this section and other applicable regulations of this chapter, except that additional outdoor storage and display areas for a permitted industrial or commercial use may be authorized where all of the following conditions are met:
(1)
The industrial or commercial use involved traditionally employs long-term outdoor storage including uses such as lumberyard, junkyard, nursery/greenhouse, automotive sales and service, and auto body repair/shops.
(2)
Such storage is needed for the successful operation of the use, and the proposed site is suitable for outdoor storage.
(3)
The applicant can demonstrate that indoor storage is not practical.
(4)
The storage shall comply with all applicable setback requirements and impervious surface coverage requirements in the applicable zoning district and shall cover only that percentage of total lot area that is deemed practical and feasible in the opinion of the Zoning Officer.
(5)
The storage area shall be screened from view from any residential district or use by buildings, walls or an effective screen, as required by § 162-1908.
(6)
Any establishment which furnishes shopping carts as an adjunct to shopping shall provide definite areas within the building and parking area for storage of said carts. Each designated storage area shall be enclosed by a barrier at least as high as the height of the handles on a shopping cart, and shall be clearly marked for storage of shopping carts. All shopping carts shall be secured during nonoperating hours.
(7)
Outdoor storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot behind the front building line of the principal buildings, and shall not exceed 10 feet in height.
§ 162-1910 Outdoor lighting.
A.
Applicability. The Board of Supervisors may require outdoor lighting for safety and personal security as they deem necessary.
B.
Illumination standards.[1] Lighting intensities and uniformity ratios[2] shall be in accordance with the current recommended standards of the Illuminating Engineering Society of North America (IESNA) Lighting Handbook, Current Edition.
(1)
Future amendments to said recommended standards shall become part of this chapter without future action of the Township.
(2)
Samples of intensities for typical outdoor applications, as extracted from the 8th Edition of the Lighting Handbook, are included below in Table 19-4:
Table 19-4 Sample Lighting Intensities for Typical Outdoor Applications | ||
|---|---|---|
Use/Task | Maintained Footcandles | Uniformity Ratio (avg:min) |
Streets, local residential | 0.4 average | 6:1 |
Streets, local commercial | 0.9 average | 6:1 |
Parking, residential, multifamily | ||
Low vehicular/pedestrian activity | 0.4 average | 4:1 |
Medium vehicular/pedestrian activity | 0.6 average | 4:1 |
Parking, industrial/commercial/institutional/municipal | ||
High activity, e.g., regional shopping centers/fast-food facilities, major athletic/civic/cultural/recreational events | 0.9 minimum | 4:1 |
Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events | 0.6 minimum | 4:1 |
Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking | 0.4 average | 4:1 |
Walkways and bikeways | 0.5 average | 5:1 |
Building entrances | 5.0 average | — |
[1]
Note: Illumination levels are maintained horizontal footcandles on the use/task, e.g., pavement or area surface.
[2]
Note: Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio, e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 [0.9 x 4].
C.
Control of glare. The following standards shall apply to all exterior light fixtures within the Township, except streetlighting and associated traffic devices provided by a public utility or governmental entity within a public right-of-way.
(1)
For lighting horizontal uses/tasks such as roadways, pathways and parking areas, fixtures shall meet IESNA "full cutoff" criteria. Vegetation screens shall not be employed to serve as the primary means for controlling glare.
(a)
Fixtures shall be of a type and design appropriate to the lighting application and appropriate to the nature of the development and surrounding area.
(b)
Fixtures used for architectural lighting, e.g., facade, fountain, feature and landscape lighting, shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 10:00 p.m. and dawn.
(2)
Unshielded lamps, bulbs and tubes are not permitted, except for temporary holiday lighting and residential house-mounted lamps and driveway lampposts utilizing sixty-watt or lesser wattage light bulbs (specifically not including spotlights or floodlights).
(3)
Neither the direct nor reflected light from any luminaire shall create a disabling glare causing traffic hazards to motor vehicle operators or public thoroughfares.
(4)
Lighting shall be designed so that the illumination does not exceed 0.10 vertical footcandle, measured at 30 inches above the grade at the property line, beyond the property line on which the lighting originates.
(5)
Floodlights and spotlights shall be so installed or aimed that they do not project their output into the windows of adjacent uses, directly skyward or onto a roadway.
(6)
Where all-night safety or security lighting is to be provided, the lighting intensity levels shall not exceed 25% of the levels normally permitted by this chapter for the use.
(7)
Unless otherwise permitted by the Board of Supervisors, for reasons such as safety and security, lighting shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to extinguish sources between 10:00 p.m. and dawn to mitigate nuisance glare and sky-lighting consequences.
D.
Streetlighting.
(1)
Where required by this chapter, the applicant shall install or cause to be installed, at the applicant's expense, all new lighting, including but not limited to pole streetlights, pathway lighting, and walkway lighting, serviced by underground conduit in accordance with a plan to be prepared by the owner's engineer and approved by the Board of Supervisors. The owner shall be responsible for all costs involved in lighting the street from the date of first dwelling unit occupancy until such time that the streets are dedicated to and accepted by the Township.
(2)
Standards. All lighting and accessory equipment shall meet acceptable industry standards as approved by the Board of Supervisors.
E.
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this chapter.
F.
Height limits. Except for public streetlights and traffic devices and signals, freestanding lighting fixtures shall meet IESNA "full cutoff" criteria and shall not exceed 16 feet in height. Security or floodlighting may exceed this height requirement when attached to a building provided that such lighting shall be arranged and installed to deflect and focus lights away from adjacent properties. Parking areas are encouraged to be lighted with pole-mounted lights, but building-mounted lights are permitted in limited circumstances.
G.
Safety. Except for traffic devices and signals, no luminaire shall have any blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color nor will any beacon lights be permitted.
H.
Parking areas. Parking areas shall be lighted using support poles, lighting standards and luminaries. The fixtures shall be located within or adjacent to parking areas, in raised traffic islands, parking bay separators or adjacent landscape areas. Poles, standards or luminaries shall be located so as not to be damaged by automobiles being parked (front overhang: minimum 39 inches; rear overhang: minimum 60 inches).
I.
The type, spacing and degree of cutoff of lighting for new development must be approved by Board of Supervisors after review and recommendation by the Planning Commission. Full-cutoff lighting is required in certain instances, as per this section, and strongly encouraged in all situations to reduce glare and light pollution.
J.
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter, shall be considered as a lawful nonconformance shall be made to conform with the requirements of this chapter when:
K.
Lighting plan requirements.
(1)
Lighting plans shall be submitted to the Township for review and approval and shall include: preliminary and final lighting plan.
(a)
The location of all proposed exterior lighting fixtures.
(b)
Expected hours of lighting operation.
(c)
Iso-footcandle plots for individual fixture installations and ten-foot-by-ten-foot illuminance-grid plots for multi-fixture installations, and one isolux diagram detail for each proposed light, that demonstrate compliance with the intensities and uniformities set forth in this chapter.
(d)
Description of the equipment, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, control devices, mounting heights and mounting methods proposed.
(2)
When requested by the Board of Supervisors, the applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare.
(3)
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.
(4)
Preliminary and final landscape plan. The location and type of all proposed exterior lighting fixtures shall be indicated on the preliminary and final landscape plans to insure that there is no conflict between the location of light standards and the location of trees, and that trees will not adversely affect lighting patterns. Lighting fixture locations shall be indicated on the plans by symbol.
L.
Post-installation inspection. The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter, and if appropriate, to require remedial action at no expense to the Township.
M.
Streetlighting dedication.
(1)
When streetlighting is to be dedicated to the Township, the applicant shall be responsible for all costs involved in the lighting of streets and street intersections until the street is accepted for dedication.
(2)
If streetlighting is to be dedicated to the Township, prior to dedication, the applicant shall legally establish, by documentation in form and substance satisfactory to the Township a homeowners' association and/or property management organization that shall be responsible to pay all costs associated with dedicated streetlighting.
(3)
Assumption of costs of dedicated streetlighting. Upon dedication of streetlighting, the Township shall assess the homeowners' association, individual property owners, corporations, or other applicable entities as may be necessary to collect all revenues required that are directly or indirectly associated with all costs of each specific streetlighting fixture. Unpaid costs shall be a municipal claim and lien against the lots in the development served by the streetlighting. These costs shall include:
§ 162-1911 Physical performance standards.
The following standards regulate the impact of uses upon other and adjacent uses in the Township and Township residents, and shall apply to applicable uses in all zoning districts.
A.
Air quality.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors, gases, or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards) in Article III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations, as amended, and other applicable regulations.
(2)
No user shall operate or maintain or permit to be operated or maintained any equipment, installation or device which by reason of its operation or maintenance will discharge contaminants to the air in excess of the limits prescribed herein unless said user shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.
(3)
No user shall cause, allow, or maintain any junk, household waste, or salvage operations fire within the Township.
(4)
Except for the open burning of leaves and branches, open burning of all other materials is prohibited in the Township and/or in accordance with the regulations of the Chester County Health Department. Unless prohibited by other statutes, ordinances or regulations, open burning of leaves and branches on the property where the leaves and branches originate is permitted only on weekdays (except legal holidays) only between the hours of 9:00 a.m. and 4:00 p.m., prevailing time, at which time the fire shall be fully extinguished. Prior to starting the fire, the local fire department shall be notified and the property owner shall comply with all requirements of the fire department.
B.
Fire and explosive hazards. No highly flammable or explosive liquids, solids, or gases shall be stored in bulk as defined by the National Fire Code, with the exception of propane and heating oil connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosive, and adequate firefighting and fire-suppression equipment and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania and applicable federal fire protection regulations. All buildings and structures and activities within such buildings and structures shall conform to the Township Building Code (Uniform Construction Code)[1] adopted in 2004, as amended, and the Pennsylvania Construction Code Act, Act 45 of 1999 (35 P.S. §§ 7210.101 through 7210.1103), as amended, the Fire Prevention Code, and other applicable Township ordinances. Any explosive material shall conform to the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, for Storing, Handling and Use of Explosive, as amended, and other applicable state, federal, and Township regulations.
C.
Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this chapter. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line. No floodlighting, spotlights, or high-intensity lighting, except for surveillance, security, safety lighting shall be permitted in any residential district after 10:00 p.m. prevailing time. Lighting shall be in compliance with the lighting regulations of § 162-1910.
D.
Liquid and solid waste disposal. There shall be no discharge at any point into any public, community, or private sewerage system, or watercourse or into the ground, of any materials in such a way of such a nature, as will contaminate or otherwise cause other emission of hazardous materials in violation of the laws of the Commonwealth of Pennsylvania, and specifically Chapters 71, 73, 91, 92, 93, 95, 96, 102, and 105, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations, as amended, and other applicable regulations.
E.
Ground and water contamination. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
F.
Noise. Noise levels shall be maintained at a level which is not objectionable due to intermittence, frequency or intensity and shall not exceed the standards established by this section.
(1)
No person shall operate or cause to be operated on private or public property any source of continuous sound (any sound which is static, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval) in such a manner as to create a sound level which exceeds the limits set forth in Table 19-5 when measured by a sound level meter (which conforms to the specifications published by the American Standards Association) at the adjacent lot line of the receiving land use.
Table 19-5 Continuous Noise Levels | ||
|---|---|---|
Receiving Land Use | Time Frame | Maximum Noise Level Limit (dBA) |
Residential, park/open space, agriculture, or institutional | 7:00 a.m. to 9:00 p.m. prevailing time 9:00 p.m. to 7:00 a.m. prevailing time, Sundays, and holidays | 55 50 |
Commercial | 7:00 a.m. to 9:00 p.m. prevailing time 9:00 p.m. to 7:00 a.m. prevailing time, Sundays, and holidays | 65 60 |
Industrial | All times | 70 |
(2)
For any source of sound which emits an impulsive sound (a sound of short duration with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval), the sound level shall not exceed 20 dBA over the maximum sound level limits set forth in the above table, regardless of time of day or night on the receiving land use, as measured by a sound level meter (which conforms to the specifications published by the American Standards Association).
(3)
The maximum permissible sound levels, as named above, shall not apply to the following noise sources:
(a)
Emergency alarm signals for the purpose of alerting persons to the existence of an emergency.
(b)
Work to provide, repair, or replace electricity, water or other public utilities involving public health or safety.
(c)
Normal and legally permitted residential activities customarily associated with residential use and typical residential living. This exception shall not apply to boisterous parties, loud music, barking dogs and similar activities and nuisances.
(d)
Domestic power tools.
(e)
Temporary activities involving construction and demolition activities.
(f)
Agriculture.
(g)
Motor vehicle operations on public streets. Such noise shall be regulated by Pennsylvania Transportation Regulations governing established sound levels.
(h)
Public celebrations or activities authorized by the Township.
(i)
The unamplified human voice.
(j)
Emergency generators.
G.
Odor. No use, except agricultural related or equestrian uses, shall emit odorous gases or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system or shall make corrective arrangements in order that control will be maintained if the primary safeguard system should fail. Immediate corrective action shall be taken should either system fail.
H.
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible by a normal individual beyond the lot lines on which the activity is situated by direct means such as, but not limited to, sensation by touch or visual observation of movement without the aid of instruments; nor shall any vibration exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration measured equipment.
I.
Electrical, radio, and electromagnetic disturbance. There shall be no radio or electrical disturbance adversely affecting the operation of any equipment at any point other than equipment belonging to the creator of such disturbance. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception from off the lot on which the activity is conducted.
J.
Radioactivity. There shall be no activities that emit dangerous levels of radioactivity at any point. No operation involving radiation hazards shall be conducted which violates state or federal statues, rules, regulations, and standards. In addition, any proposed use which incorporates the use of radioactive material, equipment or supplies, shall be in strict conformity with Pennsylvania Department of Environmental Protection rules and regulations, and rules, regulations, and standards of the U.S. Nuclear Regulatory Commission.
K.
Electrical, diesel, gas or other power. All uses requiring power shall be operated so that the service lines, substation, or other structures and equipment shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, and shall be constructed to be an integral part of the buildings with which it is associated. If visible from adjacent residential lots, it shall be screened in accordance with § 162-1908.
L.
Public health and safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use and enjoyment of the surrounding area.
§ 162-1912 Stripping and removal of topsoil; excavation of clay, sand, gravel, or rock.
A.
Stripping and removal of topsoil or sod.
(2)
No lot shall be graded, contours changed or filled without the approval of the Township Engineer and adherence to the Township's stormwater management requirements and other applicable ordinances and statutes.
(3)
No topsoil shall be removed for purposes of resale. Any sale of topsoil shall constitute a change in land use of the property from which the material was excavated.
(4)
Stripping operations shall be set back from any property line a minimum of 25 feet and from any street right-of-way a minimum of 50 feet.
(5)
Stripped areas shall be stabilized within three days.
B.
Excavation of clay, sand, gravel or rock in connection with construction. The excavation of clay, sand, gravel, rock, and other minerals that occur in the normal course of construction, shall be permitted under the following situations:
§ 162-1913 Utilities and underground wiring.
A.
Electrical, gas, streetlight supply, cable television, fiber optic, and telephone distribution lines primarily intended for the use of buildings and structures located within the Township shall be installed underground when in accordance with new construction and any major renovation or rehabilitation.
B.
When existing electric and telephone lines are underground, cable television and fiber optic lines must be underground. If either existing telephone or electric are aerial, cable television and fiber optic lines may be aerial.
C.
Cable switching enclosures, pad-mounted transformers and service pedestals may be installed above ground and may be installed as part of the streetlighting standards where recommended by the Planning Commission and approved by the Board of Supervisors.
§ 162-1914 Sewage and water facilities.
Sewage and water facilities shall be in accordance with the Township's Act 537 Plan and Chapter 138, Subdivision and Land Development, and any applicable state and county regulations.
§ 162-1915 Fences, hedges, and walls.
A.
A zoning permit shall be required for the erection, alteration or substantial replacement (more than 25%) of a fence or retaining wall. Applications shall be filed in triplicate and on forms furnished by the Township and shall be accompanied by detailed plans, drawings, specifications and such other information deemed necessary by the Zoning Officer to determine the location and details of construction of such fence or retaining wall. No change in those plans shall be made without notification to and approval by the Zoning Officer. If the Zoning Officer is aware of a property line dispute, he or she may require a survey by a licensed professional land surveyor as part of the application. A survey is required if the fence is proposed within five feet of the property line.
B.
Fences or walls that are in conformance with all of the provisions of this and any other applicable ordinances may be permitted within required setbacks but shall be set back a minimum of one foot from the property line.
C.
Unless otherwise required by this chapter, no fence or wall, except a retaining wall or a permitted structural wall, shall be erected within any of required yard setback, unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least four to one. In no case shall a fence or wall exceed eight feet in height, except in the case of a junkyard or salvage yard where the regulations set forth in § 162-2028 shall apply, and in the case of a communications tower or other antennas provided for in § 162-2014, where the maximum height of a fence shall not exceed 10 feet in height.
D.
Front yard fences.
(1)
No fence over four feet in height shall be erected in the front yard area of any residential lot, tract, or parcel of land, unless it is a vegetative fence/hedge consisting of trees and shrubs, excepting those parcels over three acres or with a principal agricultural use.
(2)
The use of metal or vinyl-coated chain-link fencing is prohibited in front yards.
E.
All fences shall be maintained and kept safe and in a state of good repair.
F.
No fence or wall shall be erected or maintained within a street right-of-way or shall obstruct required sight distance vision at street intersections, public streets, private roads, or driveways, in accordance with the standards for a clear sight triangle in § 162-1907 and Chapter 138, Subdivision and Land Development. No hedge, tree, shrub, or other vegetative growth shall obstruct required sight distance vision at street intersections, public streets, private roads, or driveways, in accordance with the standards for a clear sight triangle in § 162-1907 and Chapter 138, Subdivision and Land Development.
G.
Fences or walls shall not be located in drainage easements or drainage swales that are part of an approved stormwater management plan in accordance with Township stormwater management regulations.
H.
Fences or walls shall not be located in any natural drainage channels nor impede the natural flow of water.
I.
No fences shall be permitted that may result in bodily injury, including, but not limited to, high voltage or barbed-wire fencing.
§ 162-1916 Keeping of animals.
For the purpose of protecting human and animal health, preventing erosion-prone land use conditions, and preventing the contamination of ground and surface waters, the following provisions shall apply to the keeping of horses, cows, sheep, swine, goats, llamas, dogs, cats, fowl, poultry, rabbits, and other animals of similar size, character, and impact. Customary household pets (such as dogs, cats, and other small animals customarily kept in the dwelling) shall be exempt from the acreage requirements of this section (Subsection A) but shall comply with Subsection B, general standards for keeping of animals.
A.
Permitted number of animals. A minimum lot size of three acres shall be required for the keeping of one large animal, including but not limited to a horse, cow, beef cattle, llama, or other animal of similar size regulated by this section. A minimum lot size of two acres shall be required to keep one small animal, including but not limited to: swine, sheep, emu, or other animal of similar size. A minimum lot size of 0.25 acre shall be required to keep poultry. For each additional animal, additional acreage must be available in accordance with Table 19-6. Animals not addressed shall be judged according to the requirements for animals of a similar size, as determined by the Zoning Officer.
Table 19-6 Additional Acreage Requirements Per Additional Animal* | |
|---|---|
Animal | Acreage |
Horse | 1.5 |
Cow | 1.5 |
Beef cattle | 1.5 |
Swine | 0.50 |
Sheep | 0.50 |
Poultry | 0.02 |
* | Beyond the initial acreage requirement, as applicable. |
B.
General standards for keeping of animals.
(1)
No animals of any kind shall be kept in any structure or enclosure or elsewhere on a property which will result in a nuisance, health or safety issue, or unsanitary conditions for humans or animals. All animals shall have appropriate and adequate facilities for food and water.
(2)
Permanent shelter shall be provided for all animals not kept in the residence as domestic pets. Horses, cattle, sheep, and goats shall have loafing sheds, covered feeding areas, or other appropriate facilities. Stables or shelters for animals such as horses, cattle, sheep, llamas, swine, sheep, or emus shall be located at least 100 feet from any property line.
(a)
A permanent building shelter placed or constructed on a property shall be designed to serve the number of animals kept in accordance with this section.
(b)
Shelters shall have a roof and at least three enclosed sides and shall be designed in accordance with the impervious coverage requirements of the associated district.
[Amended 4-20-2016 by Ord. No. 2016-04-20-1]
(c)
Shelters shall be designed for ease of manure removal and handling.
(3)
No person owning or having in his/her custody livestock or poultry shall permit the same to go at large to the injury or annoyance of others, nor shall such livestock or poultry be permitted upon the streets or other public ways or the Township. Such action is hereby declared to be a nuisance and dangerous to the public health and safety.
(4)
A fenced or otherwise enclosed outside area shall be provided which is capable of containing the animals kept and is of sufficient size and properly located for good sanitary practices. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed and maintained so as to prevent animals from straying off the property.
(5)
Uncovered manure storage shall be located at least 100 feet from any lot line, Flood Hazard District boundary, stream, wetland, or other body of water. No manure may be stored within a swale or drainageway, nor located so as to drain onto adjacent land.
(6)
Keeping of animals shall not result in pollution of groundwater or surface water, or runoff of pollutants onto adjacent property.
(7)
Any legally existing nonconforming building used for the keeping of animals that does not conform to setbacks may continue to be used but may not be expanded so as to increase the nonconformity. A legally existing nonconforming building or structure which is not legally used for the keeping of animals on the effective date of this chapter may not be used for the keeping of animals.
§ 162-1917 As-built survey.
An as-built survey is required upon completion (prior to issuance of certificate of occupancy or use) for any of the following activities: