Perkiomen Township City Zoning Code
ARTICLE VIII
General Regulations
§ 310-38 Intent; applicability.
A.
In expansion of the declaration of legislative intent and statement of community development objectives contained in Article I of the chapter, the specific intent of this article is to establish clear standards for activities that may be associated with a variety of zoning districts or types of land use and to cross-reference provisions in Chapter 264, Subdivision and Land Development, that regulate activities in one or more zoning districts.
B.
Except where noted in this article, these provisions apply to all zoning districts within the Township. However, if a conflict occurs between the standards of the general regulations in this article and any other standards of the chapter, then the more restrictive standards shall apply. Subdivision and/or land development proposals are further regulated by Chapter 264, the Perkiomen Township Subdivision and Land Development Ordinance.
§ 310-39 Lots of record.
For a lot which is of public record in single and separate ownership at the time of enactment of this chapter and which is not of sufficient size or dimensions to permit the erection of a building thereon in accordance with the requirements of the chapter (provided the Zoning Hearing Board finds the necessary additional ground is not available because of the settled condition of the neighborhood or because of the inability of the owner to acquire additional ground upon fair terms), the Zoning Hearing Board may grant a variance for the use of such parcel of ground in accordance with the provisions Article IV of this chapter.
§ 310-40 Subdivision plan of lots of record.
A lot which does not conform to the minimum and/or maximum regulations of the district in which it is located and which is included in a recorded plan of lots previously approved under the provisions of Chapter 264, Subdivision and Land Development, shall not be used unless:
A.
The minimum and/or maximum regulations of the district are met; or
B.
A variance is obtained from the Zoning Hearing Board in compliance with Article IV of this chapter.
§ 310-41 Reduction of lot area.
No lot shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than herein prescribed.
§ 310-42 Corner lots.
A front yard setback shall be required from the ultimate right-of-way for each lot line abutting a public or private right-of-way.
§ 310-43 Residential conversions.
Residential conversions are permitted in the VCR-1 and VCR-2 Districts pursuant to the applicable standards of those districts.
§ 310-44 Accessory uses.
The following accessory uses shall be permitted, subject to the additional requirements herein.
A.
Uses accessory to agriculture:
(1)
Accessory uses for agriculture and regulated pursuant to the standards found in the R-1 and R-2 Zoning Districts.
B.
Permitted residential accessory uses and structures. The following uses are permitted by right; however, approval as a special exception by the Zoning Hearing Board shall be required for uses that exceed the stated capacities or sizes or that would involve use or storage of items other than those listed:
(1)
Home occupations, subject to the provisions of § 310-45 herein.
(2)
Private garage (both detached or attached), 1,000 square feet maximum.
(3)
Any of the following structures: carports, detached private garages, greenhouses and sheds that are 1,000 square feet or less shall obtain a zoning permit from the Zoning Officer before commencement of the construction of said structures. Carports, greenhouses and sheds shall be no larger than 1,000 square feet.
(4)
Noncommercial swimming pool or other recreational facilities, excluding facilities for use of motorized recreational vehicles, provided they are not closer than six feet from any property line.
(5)
Communications antennas for television and radio use and satellite dishes installed for residential and amateur purposes only are permitted as accessory uses in any zoning district and are regulated under § 310-59. All other uses of communications antennas, communication towers and satellite dishes are regulated under Article XXV.
C.
Uses accessory to noncommercial recreational use: customary recreation, refreshment and service uses and buildings in any noncommercial recreational area.
D.
Other accessory uses: Accessory uses other than those listed may be permitted in compliance with the requirements for principal uses in the district in which they are located and which they are accessory to.
E.
Accessory structure setback. All structures shall conform to the following setbacks from any side or rear property lines. No structures are allowed in the front yard area.
(1)
R-1 and R-2 Districts: 15 feet, unless the property was developed under the regulations of Article XXII, OSR Open Space Residential Overlay District, or the old cluster ordinance. In these cases, the setback shall be five feet.
(2)
R-3, R-4, R-5, VCR-1 and VCR-2 Districts: five feet.
(3)
In Industrial, CR Commercial Retail, ER Elderly Residential, and Institutional Overlay Districts: as required by the specific standards of the district.
F.
Off-street parking of commercial vehicles in residential district.
(1)
Routine off-street parking of not more than two commercially registered vehicles with not more than four wheels each which are used regularly or frequently for business purposes shall be permitted. Routine parking of more than two such vehicles shall constitute a business operation and shall not be permitted in a residential district, unless in an enclosed building.
(2)
Routine off-street parking of one commercially registered vehicle with more than four wheels which is used regularly or frequently for business purposes shall be permitted; more than one shall constitute a business operation and shall not be permitted in a residential district unless in an enclosed building.
§ 310-45 No-impact home-based business and home occupations.
A.
No-impact home-based business. No-impact home-based businesses, as defined, shall be permitted in all zoning districts which permit residential uses. The no-impact home-based business or commercial activity must satisfy the following requirements:
(1)
Business activity. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2)
Workers. The business shall employ no employees other than family members residing in the dwelling.
(3)
Building appearance and storage. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4)
Building appearance and signs. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5)
Nuisance prohibited. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6)
Waste. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(7)
Location and size. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8)
Prohibited uses. The business may not involve any illegal activity.
(9)
Sale of goods. There shall be no sale of goods on the premises.
(10)
Zoning permits. A zoning permit shall be required for any no-impact home-based business. The zoning permit cannot be transferred to any other type of no-impact home-based business. Zoning permits must be renewed annually by the business owner.
B.
Home occupations. All home occupations must satisfy the following requirements:
(1)
The home occupation shall be conducted by the resident occupants of the residential dwelling. In addition, there may be no more than one paid or unpaid employee or assistant.
(2)
There shall be no deliveries to or from a home occupation from a vehicle with more than two axles.
(3)
Any sign erected for a home occupation shall comply with Article X, Signs, of the chapter.
(4)
There shall be one off-street parking space provided for a home occupation. The off-street parking space needed for a home occupation shall be in addition to the required off-street parking spaces required for each residential use as required under the applicable parking requirements set forth in this chapter. For purposes of this article, the minimum size of a parking space shall be nine feet by 18 feet.
(5)
All home occupations shall meet the following standards:
(a)
Home occupations shall only be permitted in single-family detached dwellings or single-family detached lot-line dwellings.
(b)
A zoning permit shall be required for any home occupation. The zoning permit cannot be transferred to any other type of home occupation and must be renewed annually.
(c)
There shall be no more than one home occupation per property.
(d)
Home occupations must be conducted entirely within the principal dwelling or an enclosed accessory structure. The maximum area of the home occupation shall be the lesser of 500 square feet or 25% of the livable floor area of the principal dwelling.
(e)
There shall be no exterior display, exterior storage of materials, nor any other exterior indication of the home occupation except signs as allowed by Subsection B(3) above.
(f)
No storage of business-related materials or products in open areas shall be permitted. No use of show windows or display shall be visible outside the premises to attract customers or clients. The exterior appearance of the dwelling shall be maintained as a residence, and no home occupation activities shall be visible from the street.
(g)
The sale of goods shall be limited to sale of products that are ancillary to the home occupation.
(h)
No external alterations shall be permitted to the dwelling unit or accessory structure except those customarily conducted for residential buildings.
(i)
Family day-care homes and group day-care homes shall not be considered home occupations and are governed by § 310-55 of this article.
(j)
Waste. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(k)
The use of noxious, combustible, explosive or other materials that would endanger the health and safety of the occupants and the surrounding residents is prohibited.
(l)
No machinery or equipment shall be used which will cause interference with the radio or television reception or transmission, electrical service, electronics, cellular service, or wireless internet of neighboring residents.
(m)
The operation of any home occupation involving the physical presence of customers, clients or other business visitors shall be limited to 7:00 a.m. to 9:00 p.m.
(n)
The use shall not emit noise, odors, vibration, light or smoke which is noticeable at or beyond the property line.
(o)
The business owner shall provide evidence that is satisfactory to the Zoning Officer that all parking for the residents of the single-family detached dwelling or of the single-family detached lot-line dwelling and the clients of the home occupation shall be provided either in the garage or the driveway.
(p)
During the hours of operation of a home occupation, parking on either the public or private street is hereby prohibited for the business owners, clients and employees of a home occupation to prevent interference with the residential parking of the neighborhood.
(q)
In conducting the activities of the home occupation, no more than three customers or clients are allowed per hour. The business owner or occupant conducting the home occupation shall keep a record or appointment book of all his or her customers or clients. The Township reserves the right to conduct inspections and review of the record or appointment book during reasonable hours.
(6)
Prohibited home occupations. The following home occupations shall be prohibited: auto-related services that involved physical work on vehicles, clinics, hospitals, animal hospitals, restaurants, cafes, hotels, boardinghouses, mortuaries, crematoriums, nursery schools, or storage yards for construction or landscaping materials or vehicles as defined in this chapter, sale of retail goods except those allowed under Subsection B(5)(g) above, or any other similar uses.
§ 310-46 Bed-and-breakfast accommodations.
Bed-and-breakfast accommodations, as defined in this chapter, are allowed in the VCR-1 and VCR-2 Districts, subject to the standards of the district and the following:
A.
There shall be no more than seven guest bedrooms accommodating no more than 10 guests at any one time; no paying guest shall stay on any one visit for more than 30 days.
B.
One off-street parking space for each guest bedroom shall be provided in a side or rear yard.
C.
Meal service is limited to one daily meal per paying overnight guest and shall not include the sale of alcoholic beverages. Owners shall comply with all federal, state and local requirements for the preparation, handling and serving of food.
D.
Owner shall maintain a current guest register subject to inspection by the Township.
E.
Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Uniform Construction Code.[1] Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
[1]
Editor's Note: See 34 Pa. Code § 401.1 et seq.
F.
All bed-and-breakfast facilities must be connected to public sewer and water.
G.
The rented rooms shall not contain kitchen facilities and shall not constitute separate dwelling units.
§ 310-47 Exemptions from requirements of chapter.
A.
Public utilities. This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonable necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Utility Commission to ensure that both the corporation and the municipality in which the building or proposed building is located have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
B.
Federal, state, county or municipally owned property. Wherever federal, state or county-owned property is included in one or more zoning districts, it shall be subject to the provisions of this chapter only insofar as is permitted by the Constitution and Laws of the United States of America and of the Commonwealth of Pennsylvania. In the case of municipally owned property, the provisions of this chapter shall not apply.
§ 310-48 Effect of private covenants.
Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenants running with the land and which restrictions are not prohibited by or are not contrary to the regulations herein established.
§ 310-49 Access to public street.
A.
Unless otherwise specified in this chapter, all lots shall abut a public or private street.
B.
Preexisting landlocked parcels zoned residential may be developed with one single-family detached house, provided they contain an access easement of at least 20 feet, and provided that the usable portion of the lot otherwise complies with the lot size and dimensional requirements of the district in which it is located.
C.
Flag lots are permitted, provided that:
(1)
A minimum thirty-two-foot-wide access strip is required from the public or private street to the flag lot.
(2)
Maximum width of the access strip shall be no more than 1/2 of the lot width required for that zoning district.
(3)
The access strip shall not be used for calculating lot area.
(4)
The driveway in the access strip shall be at least six feet from the edge of either side of the access strip.
(5)
All yard setbacks shall be 50 feet, with the exception that yard setbacks shall not include the access strip. All setbacks shall be measured from the property lines of the flag. The front yard is the area which extends across the full width of the lot, measured at right angles from the end of the access strip.
(6)
Flag lots shall only be permitted in the R-1 Residential District or the R-2 Residential District. Every attempt shall be made to keep front yards from facing rear yards.
(7)
No more than two access strips shall abut each other.
(8)
The distance between access strips at the right-of-way shall be a minimum of the lot width required for that zoning district.
(9)
The Perkiomen Township Board of Supervisors, at its discretion, may require landscape buffering along property lines to mitigate the impact of the flag lot dwelling. Such landscaping shall be comprised of a mix of deciduous and coniferous vegetation. If so required by the Board of Supervisors, a nonlinear, natural-appearing buffer shall be required.
§ 310-50 Height limitations of fences and walls.
Unless otherwise specified in this chapter, all fences and freestanding walls shall comply with the standards in this section.
A.
Tables.
Table A | ||
Fences | ||
1. | Maximum height for fences on improved lots. | |
a. | Yard area between the front wall of a principal structure and the street toward which the wall is oriented: four feet. | |
b. | Yard area between the front wall of a principal structure and the rear lot line: six feet. | |
2. | Maximum height for fences on unimproved lots shall not exceed six feet in all districts, except in the IN and CR Districts, where it shall not exceed 10 feet. | |
Table B | ||
Walls | ||
1. | Maximum height for walls on improved lots. | |
a. | Yard area between the front wall of a principal structure and the street toward which the wall is oriented: three feet. | |
b. | Yard area between the front wall of a principal structure and the rear lot line: six feet. | |
B.
No fence or freestanding wall shall be permitted to obstruct sight distance at a street or driveway intersection.
C.
Fences and freestanding walls are not required to comply with front, side and rear yard building setbacks.
D.
Fences and freestanding walls shall not be located within the ultimate right-of-way of any street or road.
E.
Except as otherwise set forth herein, the installation of a fence or the construction of a freestanding wall requires a zoning permit from the Zoning Officer prior to that installation or construction. However, no zoning permit shall be required for the installation of a fence used in a rotational agricultural grazing operation or when, in the discretion of the Zoning Officer, the fence is temporary and/or not permanently installed in the ground.
§ 310-51 Projections into required yards.
No building and no part of a building shall be erected within or shall project into any required yard in any district, except:
A.
An unenclosed porch, not more than 14 feet in height, provided that in no case shall it extend into such front or rear yard more than 1/2 the required depth of the yard.
B.
A terrace, patio, deck, platform or landing place, not covered by a roof, canopy or trellis, which does not exceed above the level of the first floor of the building, may be erected to extend into a required side or rear yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the required depth or width of the yard.
C.
A carport may be erected over an existing driveway in a required side yard, provided that such structure is:
(1)
Not more than 14 feet in height and 20 feet in length;
(2)
Entirely open on at least three sides, exclusive of the necessary supporting columns and customary architectural features; and
(3)
At least five feet from the side lot line.
D.
A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.
E.
Open unenclosed fire escapes, steps, bay windows and balconies may project no more than three feet into a required rear yard.
§ 310-52 Performance standards.
Unless otherwise noted, the following performance standards apply to all uses in all districts in the Township:
A.
Air pollution controls. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. §§ 4001 to 4015, as amended, and the following standards:
(1)
Smoke. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10% for a period or periods aggregating more than three minutes in any one hour, or equal to or greater than 30% at any time, and shall comply with Pennsylvania Code Title 25, Chapter 127, Subchapter A(7), or its most recent update.
(2)
Particulate, vaporous and gaseous emissions.
(a)
No emission shall be made which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause any excessive soiling at any point.
(b)
No emission of particulate matter shall exceed 0.0115 grams per dry standard cubic foot, corrected to 7% oxygen. Provisions must be made to reduce dew point cycling and resulting damage to particulate control devices.
(c)
For measurement of the amount of particles in gases resulting from combustion, standards correction shall be applied to a stack temperature of 500° F. and 50% excess air.
(3)
Hazardous air emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C. § 7412) as promulgated in 40 CFR Part 61, or its most recent update.
B.
Odor control.
(1)
No person shall cause, suffer or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated.
(2)
The prohibition on odors shall not apply to odor emissions arising from the premises of a farm operation.
(3)
Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor-reduction equipment shall be maintained to support primary odor-reduction equipment.
C.
Glare or heat control. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
D.
Vibration control. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line.
E.
Control of radioactivity or electrical disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property boundary of the creator of such disturbance.
F.
Fire and explosive hazards. Flammable and explosive materials shall be stored, used and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels.
G.
Outdoor storage and waste disposal.
(1)
All outdoor storage facilities for fuel, flammable or explosive materials, and raw materials shall be enclosed by a fence adequate to prevent the access of children and other members of the general public.
(2)
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.
(3)
All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.
(4)
No materials or wastes of any form may be stored in a floodplain area.
(5)
No use shall be conducted in such a way as to discharge any treated or untreated sewage except as shall be approved by the Department of Environmental Protection and/or the County Health Department, as appropriate; nor shall industrial wastes be stored, discharged, incinerated or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes.
H.
Environmental impacts affecting lot size. Effective July 11, 2006, the buildable area of any newly created lot shall be at least 75% of the minimum lot area for the applicable zoning district, including the OSR Open Space Residential Overlay District and the Institutional Overlay District. This section of the chapter shall not apply to the IN Industrial District or the CR Commercial Retail District.
§ 310-53 Procedure for consideration of conditional use application.
An application for any conditional use as specified in the various articles of this chapter shall be considered by the Township Board of Supervisors according to the following procedure:
A.
Application.
(1)
The application shall be submitted, in writing, to the Township during regular Township business hours, with a fee as required by the Township's fee schedule.
(2)
The application shall include the request for approval of a conditional use and sufficient information to document compliance with the applicable standards of this chapter.
(3)
The Township Planning Commission may submit one copy of the application to the Montgomery County Planning Commission for its advisory review, one copy to the Township Board of Supervisors, and other copies to agencies and/or technical consultants whose review may be relevant.
B.
Public hearing.
(1)
The Board of Supervisors shall commence the required public hearing within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed, in writing, to an extension of time.
(2)
Each subsequent hearing before the Board of Supervisors shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant, in writing or on the record.
(3)
Except as otherwise provided in Subsection B(5) below, an applicant shall complete the presentation of his/her case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board of Supervisors shall assure that the applicant receives at least seven hours of hearing within the 100 days, including the first hearing.
(4)
Except as otherwise provided in Subsection B(5) below, persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief.
(5)
An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings.
(6)
Persons opposed to the application may, upon the written consent or consent on the record by the applicant and Perkiomen Township, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.
C.
Procedural standards for granting a conditional use.
(1)
The Board of Supervisors shall consider the comments and recommendations of the Township and County Planning Commissions, regional planning commission, other advisors and those present at the hearing prior to deciding to approve or deny the proposed use. In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purpose of this chapter.
(2)
In deciding all applications for conditional uses, the Board of Supervisors shall be guided by the following standards and criteria:
(a)
The proposed use shall be one permitted by conditional use and one that will conform to the applicable regulations of the district in which it is located.
(b)
At the hearing, all testimony shall be stenographically recorded and a full and complete record kept of the proceeding. The Board of Supervisors shall not be bound by technical rules of evidence, and all relevant evidence of reasonably probative value may be received. Reasonable examination and cross-examination shall be permitted.
(c)
At the hearing, the applicant shall have the burden of proof to demonstrate by credible evidence that the application complies in all respects to the express standards and criteria of the zoning provisions which authorize the conditional use. Anyone with standing to oppose the application shall have the burden of proof to demonstrate by substantial evidence that the application would be injurious to the public health, safety and welfare, or threat to community.
(d)
Upon the grant of conditional use approval, the applicant shall submit a subdivision plan or plan of land development in compliance with the requirements of Chapter 264, Subdivision and Land Development, within a period of six months following the date of such approval, unless extended by the Board of Supervisors at the request of the applicant for cause shown.
(e)
In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as the Board may deem necessary to implement the intent of this chapter.
(3)
In deciding all applications for conditional use, the Board of Supervisors shall be guided by the standards and criteria set forth in § 310-18 of this chapter.
§ 310-54 Heliports.
Heliports shall be permitted when authorized by the Board of Supervisors as a conditional use in the IN District or at an airport licensed by the Federal Aviation Administration (FAA), only when licensed by the Pennsylvania Department of Transportation (PennDOT) Bureau of Aviation, and otherwise in compliance with applicable federal regulations.
A.
No portion of a heliport, including buildings, storage, maintenance and landing area, may be within 250 feet of a property line of a residentially or institutionally zoned or used piece of property.
B.
Appropriate fencing shall be provided by the applicant to restrict pedestrian and vehicular access to the heliport.
C.
Development shall otherwise be in accordance with the requirements of the district in which the heliport is located.
D.
A heliport may not be used unless a valid Township conditional use permit is in effect.
E.
Helicopter, balloon, ultralight or other aircraft landing or takeoff from nonheliport, nonairport, or any other site without a valid conditional use permit may only be allowed when it is done:
(1)
With written approval of the Board of Supervisors;
(2)
In conjunction with a special event, such as an athletic contest, a holiday celebration, parade or similar activity, after reasonable advance notice has been given to the Township of the intention to do so;
(3)
On an occasional or infrequent basis from an unprepared site either as a business accessory use or an industrial aid; or
(4)
When necessary for law enforcement purposes or for medical emergencies.
F.
Upon demonstrating to the Township that state and federal licenses have been or will be granted, the applicant may submit an application for a conditional use.
G.
The permit shall be renewable annually.
H.
The permit shall be automatically revoked:
(1)
If the Bureau of Aviation, PennDOT revokes the heliport's license or refuses to relicense the heliport after one of its periodic inspections;
(2)
If the FAA withdraws or revokes its approval, if initially required; or
(3)
Thirty days after the Zoning Officer has notified the permit holder in writing that the heliport is no longer in compliance with the Township permit's requirements, provided that the noncompliance has not been corrected within those 30 days.
I.
When the heliport's permit and/or license has been revoked, the operator shall close the site by publishing and posting notices to that effect and employing such visual markers as are customary for this purpose.
J.
Heliport operations or landings or takeoffs not in compliance with these requirements shall be a violation of the chapter, subject to the enforcement remedies found in Article V herein.
§ 310-55 Day-care facilities.
Day-care facilities, as defined in this chapter, are either permitted by right or by conditional use and in compliance with the requirements of this section.
A.
Family day-care homes are permitted by right in any zoning district, provided that they are located only in a single-family detached dwelling.
B.
Day-care centers are permitted by conditional use as an institutional overlay. They are regulated in Article XXIII of this chapter.
C.
Adult day-care homes are permitted by right in any zoning district, provided that they are located in only a single-family detached dwelling.
D.
Adult day-care centers are permitted by right in any zoning district, provided that they are not located in a residential dwelling.
§ 310-56 Lighting.
Lighting of property that causes a hazard or a nuisance to abutting roads and/or properties is a violation of this chapter and shall not be permitted.
A.
When lighting appears to be a potential hazard or nuisance along public roads, the Township Zoning Officer shall determine the need to relocate, diminish, reorient, shield or remove the light fixtures in question with the advice of the Township Engineer. The determination shall be made mainly in terms of the effect of the lighting on traffic safety, such as from glare or brightness interfering with a driver's ability to see safely.
B.
When lighting appears to be a potential hazard or nuisance to an abutting property, the owner or tenant of the affected property may notify the Zoning Officer, who shall then determine the need to relocate, diminish, reorient, shield or remove the light fixtures in question with the advice of the Township Engineer. The following shall be used as criteria:
(1)
No light shall shine directly into the windows of a building on abutting property.
(2)
No light shall shine directly from a light source onto the ground or improvements of an abutting property, although incidental light may be permitted to fall on abutting property.
(3)
Where the abutting property is residentially zoned or used, nonresidential uses shall direct light fixtures toward the nonresidential development and shield the residential properties from direct lighting or glare. An intensely lit nonresidential use shall also install a landscaped screen buffer along the residential property line, in compliance with the landscaping regulations in Chapter 264, Subdivision and Land Development.
(4)
Light fixtures closer to a side or rear lot line than the side or rear yard setback shall be no more than 10 feet high and shall be so constructed that all light shall be aimed perpendicular to the side or rear lot line and in the direction of the nonresidential development.
(5)
All light fixtures for nonresidential uses shall use the most current lighting industry technology to ensure that these performance standards are satisfied.
C.
The person(s) responsible for the lighting violation shall be required to correct the violation in conformance with Article V of this chapter.
§ 310-57 Household pets, animals, livestock and kennels.
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMON DOMESTIC HOUSEHOLD ANIMALS
A domestic animal customarily kept within a dwelling or in an outside pen or accessory structure, including dogs, cats, rabbits, gerbils, guinea pigs, hamsters, mice, ferrets, fish and caged birds, excluding fowl and poultry.
DANGEROUS ANIMALS
Any animal which is not naturally tame or gentle and which is of a wild nature or disposition and which is capable of killing, inflicting serious injury upon or causing disease among human beings or domestic animals and having known tendencies as a species to do so, excluding dogs which are covered under Pennsylvania Dog Law, P.L. 784, as amended, 3 P.S. §§ 459-101 through 459-1205. The following animals shall be deemed to be dangerous:
(1)
Wolves, foxes and coyotes.
(2)
Badgers, wolverines, weasels, mink and other mustelids (except ferrets).
(3)
Bears.
(4)
All apes (including chimpanzees), baboons and macaques.
(5)
Monkeys, except squirrel monkeys.
(6)
Elephants.
(7)
Wild boar.
(8)
Black widow and scorpions.
(9)
Snakes.
(10)
All cats, except domestic cats (including but not limited to lions, cougars, tigers, jaguars, leopards, lynx, bobcats, etc.).
(11)
Raccoons, opossums and skunks.
(12)
Alligators and crocodiles.
(13)
Buffalo.
ENCLOSURE
An "enclosure" is any structure or fenced-in area for the keeping, feeding or sheltering of an animal.
EXOTIC PETS
Any animal not customarily kept as a household pet, including potbellied pigs, sport birds such as falcons, hawks and eagles, and lizards, iguana and other domesticated wildlife animals, but not including dangerous or restricted animals.
KENNEL
Any lot, building, structure, enclosure or premises where cats and/or dogs over six months of age are kept for commercial purposes, including boarding, breeding, showing, grooming or training, excluding treatment purposes. The owner shall be required to comply with the requirements as set forth under Pennsylvania Dog Law, P.L. 784, as amended, 3 P.S. §§ 459-101 through 459-1205.
LARGE-SIZED DOMESTIC ANIMALS
Including horses, cattle, donkeys, llamas, alpacas, or any other similarly sized animals.
MEDIUM-SIZED DOMESTIC ANIMALS
Including sheep, pigs, goats, emus, ostriches and other similarly sized animals.
OPEN RUN AREA
That area within the property line of the premises on which the kennel is maintained and where the cats and/or dogs are maintained.
SMALL-SIZED DOMESTIC ANIMALS
Including common household animals, chinchillas and fowl, such as chickens, turkeys, peacocks, geese, ducks, guineas, and other similarly sized animals.
B.
Kennels. The following regulations shall apply to kennels:
(1)
A commercial kennel or a private kennel shall be located on a minimum lot of five acres.
(2)
A commercial kennel shall be permitted by conditional use.
(3)
The Board of Supervisors shall consider the following factors when considering the conditional use application:
(a)
The number of dogs and/or cats being proposed to be housed in the kennel.
(b)
The location of the kennel to the surrounding property including the structures.
(c)
The times that the dogs and/or cats are allowed out in the run area.
(d)
The hours of operation of the kennel.
(e)
Any other conditions that the Board of Supervisors feels are necessary to ensure the health, safety and welfare of the community.
(4)
An open run area shall be provided for all kennels.
(5)
The kennel shall be screened from adjacent properties using the screening buffer regulations set forth within § 264-36D of Chapter 264, Subdivision and Land Development.
C.
Domestic animals. Regulations governing small, medium and large domestic animals. The keeping of domestic animals not used in conjunction with agriculture shall be allowed as an accessory use to the principal structure and meet the following criteria:
(1)
The lot size shall be a minimum of two acres.
(2)
The building setbacks shall be 100 feet from any property line.
(3)
The manure storage areas shall be at least 100 feet from any property line.
(4)
When used for the keeping or raising of animals as an accessory use, a fence shall be provided to ensure that all animals are kept within the property lines. The fence shall be installed according to § 310-50 of this chapter.
(5)
Such animals shall be allowed at the following rates:
On Minimum Two-Acre Lot | For Each Additional Acre | |
|---|---|---|
Small domestic animals | 1 animal | 10 additional animals |
Medium-sized animals | 1 animal | 4 additional animals |
Large-sized animals | 1 animal | 1 additional animal |
D.
Exotic animals. The keeping of exotic animals shall be allowed as an accessory use to the principal structure. A maximum of two exotic animals shall be permitted.
E.
Dangerous animals are hereby prohibited.
F.
Common domestic household animals. The keeping of common domestic household animals, other than those regulated in § 310-57B, C, D and E of this chapter, shall be allowed as an accessory use to the principal structure. There shall be no more than 10 dogs and/or cats allowed per household.
G.
Odor control. All household pets, animals, livestock and kennels shall comply with the odor control regulations found in § 310-52 of this chapter.
§ 310-58 Traffic impact study.
A traffic impact study may be required at the discretion of the Board of Supervisors for Zoning Map or text amendments, special exceptions, conditional uses, variances, preliminary plans for subdivisions and/or land developments, and/or any other pertinent proposal, in compliance with the traffic impact study requirements in Chapter 264, Subdivision and Land Development.
§ 310-59 Noncommercial use of satellite dishes and antennas.
The following regulations apply to all noncommercial use of satellite dishes, antennas and antenna support mechanisms. Satellite dishes are hereinafter referred to as "dishes."
A.
Size and height.
(1)
A dish shall be no larger than six feet in diameter and no higher than 10 feet above the maximum building height of the zoning district in which it is located.
(2)
Antenna height from ground elevation shall not exceed 55 feet, except for amateur radio antennas, which shall not exceed 65 feet in height from ground elevation.
B.
Nuisance. All antennas, dishes and support mechanisms shall be designed and located so that surrounding areas will not be negatively affected by support mechanisms, falling ice or other debris, electromagnetic fields or radio frequency interference. There shall be no signs of any kind, except emergency signs and company logos, located on the antenna, dish or support mechanism.
C.
Public safety. Any ground-mounted dishes more than six feet in diameter or six feet in height shall be enclosed by a fence or fitted with an anti-climbing device, as approved by the manufacturer.
D.
Advertising. No advertising shall be affixed to any dish, antenna and antenna support mechanism.
§ 310-61 Modification of front yard requirements.
Where an unimproved lot of record is situated on the same road frontage between two abutting improved lots or between one unimproved lot and one improved lot, the front yard requirement for the district shall be modified so that the front yard shall be an average of the existing abutting front yards and the required front yard.
§ 310-62 Setback from road ultimate rights-of-way.
In all districts, the minimum building setback from the ultimate right-of-way of all public roads shall be equal to the minimum front yard setback for the district.
§ 310-63 Obstruction to vision at intersections.
On any corner lot, no physical improvement, tree(s) or planting area shall be erected or altered within the vicinity of the intersection that would cause obstruction to driver vision from the abutting intersection. All development and use of land shall comply with the requirements of Chapter 264, Subdivision and Land Development.
§ 310-64 Condominium development.
Development proposed under the condominium form of ownership shall be required to satisfy the dimensional requirements of the zoning district in which it is located for the types of dwelling units proposed. For dwelling units that are otherwise regulated by minimum lot areas, lot widths and yards, plans shall show equivalent lotted areas, lot widths and yard areas as dashed lines to show that the proposed development would comply with the dimensional standards required for those dwelling units under a fee-simple lotted plan.
§ 310-65 Height of structures.
For any permitted structure not otherwise regulated herein, additional height above the limit specified in the individual zoning districts may be permitted as a conditional use when approved by the Board of Supervisors, provided that the setback from any property line is at least equal to the height of the structure and the structure will not regularly be entered by people. This provision is intended to regulate miscellaneous structures, including, but not limited to, chimneys, clock towers, silos, steeples, water towers, and windmills. The term "windmills" shall not include wind energy systems or solar energy equipment.
§ 310-66 Principal structure or building.
In any zoning district, no more than one principal structure or building is permitted on an individual lot. However, in the IN Industrial District, CR Commercial Retail District, VCR-1 Village Commercial Residential District 1, and VCR-2 Village Commercial Residential District 2, more than one principal structure or building may be permitted on a lot, provided the lot is one acre or more. For benefit of this section, the term "acre" shall mean net acreage. On individual lots that are allowed more than one structure, the structures shall be separated from each other by a distance of not less than 30 feet or the distance separation required by the Pennsylvania Uniform Construction Code (UCC Code),[1] whichever is greater. In the CR District, this separation regulation shall also apply to satellite buildings. If more than one principal structure is proposed on a lot, a land development plan shall be submitted in compliance with the requirements of Chapter 264, Subdivision and Land Development.
[1]
Editor's Note: See 34 Pa. Code § 401.1 et seq.
§ 310-67 Mineral extraction.
The extraction of minerals is permitted in any zoning district as a conditional use by the Board of Supervisors, provided that the following conditions are satisfied:
A.
Any mineral extraction enterprise shall take its access from a principal or arterial street.
B.
Any extraction areas shall be set back at least 500 feet from any public road and 1,500 feet from any adjacent property line.
C.
Any required setback area shall be used to screen the extraction area from the view of any adjacent properties or public roads. Such screening may consist of fencing and/or evergreen plant species. The design of the screen shall be acceptable to the Board.
D.
All buildings and parking areas shall conform to the applicable dimensional regulations in the IN Industrial Zoning District.
E.
The hours of operation shall be determined by the Board of Supervisors after consultation with the applicant.
F.
No blasting is permitted prior to 8:30 a.m. and after 5:00 p.m. on a weekday. Blasting is not permitted on a weekend. All blasting shall conform to a schedule set by the Township after consulting with the applicant.
G.
All applicable performance standards contained in Article VIII of this chapter or in any other Township ordinance shall be followed.
§ 310-68 Group homes for handicapped and community residential facilities.
A.
Group homes, as defined by this chapter, are permitted by right in any zoning district, pursuant to the following regulations:
(1)
The dwelling must maintain the appearance of a single-family house.
(2)
All vehicles used by staff must have off-street parking.
(3)
Any doctor visit or medicine dispense on the site must only be for the residents of the home.
(4)
The use of the dwelling must not violate any ICC Codes or any Township property maintenance ordinances.
B.
Community residential facilities, as defined by this chapter, are classified as an institutional use and permitted as a Class II conditional use under Article XXIII.
§ 310-69 Timber harvesting.
A.
Permitted use. Timber harvesting is a permitted use in all zoning districts within the Township.
B.
Responsibility. It shall be the responsibility of each landowner on whose land tree harvesting is to be carried out to develop or have developed the logging plan and submit notification as required in this section. It shall be the joint responsibility of the landowner and the operator to see that the provisions of the logging plan are implemented.
C.
Plan requirements:
(1)
A logging plan shall be prepared by an individual with expertise in forestry management for each tree harvesting operation within the Township.
(2)
Such a plan will address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations, issued under the Act of June 22, 1937, P.L. 1987 (Clean Streams Law[1]), and Chapter 105, Dam and Waterway Management Rules and Regulations, issued under the Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachments Act[2]).
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2]
Editor's Note: See 32 P.S. § 693.1 et seq.
(3)
Points that shall be addressed by the logging plan include the following as a minimum:
(a)
Design of the road system.
(b)
Water control structures.
(c)
Stream crossings.
(d)
Log landings.
(e)
Haul roads, skids roads and skid trails.
(f)
Maintenance.
(g)
Road use.
(h)
Road and log landing retirement.
(i)
The general location of the anticipated operation in relation to municipal and state highways, including ingress and egress.
(j)
The location of property boundaries for the tract on which the logging will take place and the boundaries of the proposed harvest area.
(k)
The harvesting method to be employed.
(l)
The total existing basal area.
(4)
The plan shall be available at the timber harvesting site.
(5)
For all tree harvesting operations that are expected to exceed five acres, the Township Code Enforcement Officer shall be notified at least five working days before the beginning of the operation and within five days before or after the date of completion.
(6)
A copy of the tree harvesting plan shall be submitted to the Township not less than 30 days before any operation commenced that will exceed 25 acres.
(7)
The plan review shall be as follows:
(a)
The plan shall be reviewed by the Township Code Enforcement Officer and Township Shade Tree Commission (if one exists), which may include an inspection of the site of the proposed operation.
(b)
Within 30 days of the date the Township received a plan, the Township Code Enforcement Officer shall provide the landowner a written approval of the logging plan as submitted or a written disapproval. A disapproval shall include a list of the additions or corrections that are necessary to have the plan approved.
(c)
No harvesting operation expected to exceed 25 acres may commence unless or until a tree harvesting plan has been completed and approved.
(8)
The erosion and sedimentation control and stream crossing requirements addressed in the logging plan shall be followed at all time during the operation.
D.
Operational requirement. The following requirements shall govern all timber harvesting activity:
(1)
The boundaries of the area to be harvested shall be clearly marked by attaching posters to the boundary trees prior to the harvest in order to avoid the inadvertent harvest of off-site trees.
(2)
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of said thoroughfare.
(3)
No tops or slash shall be left within 50 feet of any public thoroughfare or adjacent property boundary where the adjacent property is developed.
(4)
If the tract to be harvested borders a public thoroughfare or developed land, there shall be established a harvesting setback of 50 feet along said public thoroughfare and developed land. Harvesting within the setback shall be limited to 1/3 of the basal area of the saw timber in a ten-year period.
(5)
No tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner.
(6)
Litter resulting from any logging operation shall be cleaned up and removed from the site before it is vacated by the operator.
(7)
All hauling roads, skid roads, skid trails and log landings shall be retired properly, including seeding of herbaceous species as recommended by the Montgomery County Conservation District or the Department of Conservation and Natural Resources.
E.
Harvesting methods.
(1)
Clear-cut harvesting is permitted, provided that advanced regeneration (advanced regeneration may not be necessary) is present and no more than 25 acres or 25% of a tract of real estate, whichever is less, may be clear-cut during a ten-year period. This provision does not apply to salvage operations undertaken after natural disasters.
(2)
Selective harvesting is permitted, provided that the basal area of trees in the area harvested is not reduced below 50% of the basal area present before cutting or below 65 square feet per acre, whichever is higher.
(3)
Diameter-limit harvesting is prohibited.
§ 310-70 Sale of personally owned vehicles.
Sale of personally owned vehicles shall be restricted to the following:
A.
A property owner may display and offer for sale one personal-, family- or small-business-owned motor vehicle in compliance with this section and with all other applicable Township, state and federal laws, ordinances and regulations. No such motor vehicle shall be displayed for more than 60 consecutive days nor for more than 120 days in any calendar year. The display or offering for sale of more than one motor vehicle shall constitute a vehicle display area and/or a motor vehicle sales agency, as defined in this chapter, and shall only be permitted in strict compliance with the applicable terms and provisions of this chapter.
B.
Except as set forth in Subsection C below, the display and offer for sale of a motor vehicle identified herein may only occur on real property owned by the vehicle owner.
C.
The display and offer for sale of a motor vehicle identified herein may occur on real estate owned by someone else, provided the vehicle owner has written permission from that property owner.
§ 310-71 In-law quarters.
A.
All in-law quarters shall require a zoning permit.
B.
In-law quarters shall be permitted only in a property where the record owner resides.
C.
The in-law quarters shall only be used by an immediate family member of the record owner of the property.
D.
If the property ceases to be owned and occupied by the record owner or if the occupant of the in-law quarters is not an immediate family member of the property owner, the home/structure shall be converted back to a single-family detached dwelling without in-law quarters, unless the property is sold to a new owner who wishes to use the separate in-law quarters for an immediate family member of his own. The new record owner shall be required to comply with all of the requirements of this section.
E.
Under no circumstances shall the separate in-law quarters be utilized as a rental unit.
§ 310-72 Wind energy systems and solar energy equipment.
The following regulations shall apply to all wind energy systems and to all solar energy equipment.
A.
Conditional use. Wind energy systems, including but not limited to roof installation, off-grid installation and on-grid installation, shall be allowed in any zoning district when approved by the Board of Supervisors as a conditional use. The Board of Supervisors shall consider the following factors and conditions whenever approving the installation of a wind energy system:
(1)
Foundation analysis. Foundation plans and structural analysis shall be submitted and sealed by a certified engineer for the installation of any support structure (tower).
(2)
Plot plan. A plot plan shall be submitted. The plot plan shall identify the property lines, lot area and location of existing, natural or man-made features, location of where the proposed wind energy systems is to be located and the setbacks from the property lines, public rights-of-way and overhead public utility lines.
(3)
Compliance with regulations. A wind energy system shall comply with all applicable federal, state and local regulations and shall comply with the National Electric Code and the Pennsylvania Uniform Construction Code.[1] For installations subject to Federal Aviation Administration regulations, all lighting, construction, alteration, height requirements and maintenance shall be conducted in accordance with the regulations of the Federal Aviation Administration. A building permit or zoning permit shall be submitted to the Township for review to document the structural integrity of the foundation, base, tower (support structure), and all appurtenance structures. All information submitted to the Township shall be sealed by a certified professional engineer licensed in the Commonwealth of Pennsylvania and subject to review and approval of the Township Engineer and the Township Code Enforcement Officer.
[1]
Editor's Note: See 34 Pa. Code § 401.1 et seq.
(4)
Environmental consideration. Wind energy systems shall not be installed in any area designated as floodplain, riparian corridor (Zone 1 or Zone 2), wetlands or areas of steep slopes over 25%.
(5)
Batteries. Batteries for the storage of electricity generated by wind energy systems or solar energy equipment shall be installed with adequate ventilation or other precautions to minimize fire or explosion hazards. Inspection of storage batteries shall be conducted by the Township Fire Marshal upon completion of the installation of the wind energy system or the solar energy equipment. If in the opinion of the Township Fire Marshal additional inspections are necessary, such inspections shall be conducted at the Township Fire Marshal's discretion. For battery assemblies occupying more than 20 cubic feet per site, the plan shall be reviewed by the Township Engineer, Fire Marshal, Code Enforcement Officer and Planning Commission for compliance with National Fire Protection Association (NFPA) codes and standards applicable to safe installation and use of batteries.
B.
Minimum setbacks.
(1)
Solar energy equipment shall comply with all the setback requirements for accessory structures in the zoning district where proposed.
(2)
The setback for a wind energy system shall be measured from the base of the tower to the nearest property line, public right-of-way, overhead public utility lines and other wind turbine towers, and shall be set back therefrom a distance of 1.1 times the height of the tower or the highest point of the wind turbine rotor plane, whichever is higher.
C.
Utility notification. No on-grid wind energy system or solar energy equipment shall be installed until satisfactory evidence has been given to Perkiomen Township that the electric utility company has been notified and has approved the installation of the wind energy system and/or solar energy equipment.
D.
Maintenance, repair and replacement. The owner of the property where the wind energy system or solar energy equipment is located shall be responsible for maintaining the wind energy system and solar energy equipment in good operating condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the foundation and support structure, the wind turbine and/or the solar panels, and all associated parts and equipment.
E.
Wind energy systems. Additional regulations for wind energy systems:
(1)
A wind energy system shall be considered to be an accessory structure to the principal building or principal use of the property.
(2)
All equipment for a wind energy system shall be located on the same lot as the principal building or principal use.
(3)
There shall be no wind energy systems allowed in the following:
(a)
Front yard. The front yard shall be measured from the front wall of a principal structure to the street for which the front wall is oriented.
(b)
Public or private easement or right-of-way areas.
(4)
Wind energy systems and associated facilities shall not be used for wireless communication antenna (antenna) or wireless communication accessory equipment (accessory equipment). All wireless communication support structure (support structure), wireless communication facility (WCF), wireless communication antenna (antenna), and wireless communication accessory equipment (accessory equipment) shall comply with Article XXV of this chapter, as amended.
(5)
All electrical wiring between the wind turbine and any associated structure shall be underground.
(6)
Wind energy systems shall comply with all the requirements set forth in the Pennsylvania Uniform Construction Code.
(7)
There shall be no more than five freestanding wind energy systems per site unless additional freestanding wind energy systems are granted conditional use approval by the Board of Supervisors.
(8)
The design and other visual features of a wind energy system shall be as approved by the Board of Supervisors.
(9)
The color of a wind energy system shall be white, off-white, gray, black or any other color approved by the Board of Supervisors.
(10)
No signs, other than the manufacturer's or installer's identification or appropriate warning signs, shall be permitted on any part of a wind energy system.
(11)
If required by the Board of Supervisors during the conditional use process, the area around the tower shall be fenced to prevent humans or animals from climbing the tower. Any climbing foot pegs or rungs less than 12 feet above ground level shall be removed or secured to prevent unauthorized climbing of the tower. All fences shall be installed per § 310-50 of this chapter, as amended.
(12)
The height of a wind energy system shall be a maximum of 150 feet measured from the surface of the ground to the highest point of the system, including the apex of any rotor blade. Except as set forth in Subsection E(17)(f) below, the use of guy wires is prohibited.
(13)
Noise and shadow flicker. The regulations set forth within this ordinance will apply as follows:
(a)
Noise: The audible sound from a wind energy system shall not exceed 60 dBA, measured at the property line.
(b)
Shadow flicker: The owner of the wind energy system shall take all reasonable steps to minimize or eliminate shadow flicker on any regularly occupied adjacent structure.
(14)
Insurance. The owner of property where one or more wind energy systems is located shall provide general liability insurance coverage of at least $1,000,000. The Township shall be named as an additional insured on any such policy, and a copy of said policy shall be provided to the Township on an annual basis. Said insurance policy shall not contain any provision excluding coverage for wind energy systems.
(15)
Abandonment and removal. If a wind energy system is inoperable for 12 consecutive months, the Township shall notify the property owner, who shall within three months either restore the system to operating condition or remove it, at the owner's expense.
(16)
Wind energy systems may not be artificially lighted, except to comply with Federal Aviation Administration or other federal or state requirements.
(17)
Rooftop installation. The installation of a wind energy system on a new or existing structure shall be allowed only if the following standards are met:
(a)
The structure can safely support the wind energy system. The applicant shall submit sealed documentation from a Pennsylvania licensed professional engineer, certifying that the structure can handle the additional load(s).
(b)
The height of the wind energy system shall be no higher than 50 feet, measured from the surface of the roof to the highest vertical point of the wind energy system, including the apex of the rotor blades.
(c)
The clearance from the surface of the roof shall be a minimum of 10 feet to the lowest vertical point of the wind energy system except when an enclosed blade tip system is used. When an enclosed blade tip system is used, the system shall be installed in accordance with the manufacturer's specifications.
(d)
There shall be no more than two wind turbines for any site one acre or less. One additional wind turbine shall be allowed for each additional half acre on the same lot or parcel.
(e)
The setback for a wind energy system shall be measured from the nearest property line, public right-of-way and overhead public utility lines a distance of 1.5 times the length from the mounting point on the structure to the highest vertical point of the wind turbine.
(f)
Guy wires may only be used for roof-mounted installation, and the guy wires shall be attached to the structure.
(18)
Zoning permit. A zoning permit shall be required for the following:
(a)
Installation of batteries.
(b)
Modification of an existing wind energy system.
F.
Solar energy equipment.
(1)
Any solar energy equipment shall be considered to be an accessory structure to the principal building.
(2)
All equipment for the solar energy equipment shall be located on the same lot as the principal building or use.
(3)
Solar energy equipment shall comply with all of the requirements set forth in the Pennsylvania Uniform Construction Code.
(4)
Solar energy equipment, including any support structure, shall not be used for telecommunications antennas or telecommunications equipment. All telecommunications support structures (towers), telecommunications antennas and telecommunications equipment shall comply with Article XXV of this chapter, as amended.
(5)
Installation of storage batteries as part of solar energy equipment shall comply with the conditional use requirement in Subsection A(5) above.
(6)
Solar energy equipment shall not be installed in any area designated as floodplain, riparian corridor, wetlands or areas of steep slopes over 25%.
(7)
Solar energy equipment may not be artificially lighted.
(8)
There shall be no solar energy equipment allowed in the following:
(a)
Front yard. The front yard shall be measured from the front wall of a principal structure to the street for which the front wall is oriented.
(b)
Public or private easement or right-of-way areas.
(9)
Solar panels shall be mounted either on the ground, on a roof or as an integral part of a structure, such as roof shingles or windows that also produce electricity. The following rules shall apply to the installation of solar panels:
(a)
If the solar panels are installed on the ground, the maximum height of the solar panels shall be no higher than 10 feet from the surface of the ground.
(b)
If the solar panels are installed on a flat roof, the maximum height of the solar panels shall be no higher than 10 feet from the surface of the flat roof.
(c)
If the solar panels are installed on a pitched roof, the solar panels shall not extend above the peak of the roof.
(10)
No signs, other than the manufacturer's or installer's identification or appropriate warning signs, shall be permitted on any part of the solar energy equipment.
(11)
Zoning permit. A zoning permit shall be required for the following:
(a)
Installation of batteries.
(b)
Modification of existing solar energy equipment.
