Plumstead Township City Zoning Code
PART 3
USE REGULATIONS
§ 27-301 Applicability of Regulations.
[Ord. 01-09-18-1, 9/18/2001, § 300]
Except as provided by law or in this chapter, no building, structure or land shall be used or occupied except for the purposes permitted in § 27-304 and for the zoning districts so indicated in Parts 4 through 18. On any property, parcel or tract or land, only one principal use shall be permitted.
§ 27-302 Uses by Right, Special Exception, Conditional Use and Uses Not Permitted.
[Ord. 01-09-18-1, 9/18/2001, § 301]
1.
A use listed as a use permitted by right is permitted subject to all requirements as may be specified in § 27-304, after approval has been granted subject to the requirements of Chapter 22, Subdivision and Land Development, of the Township Code, if applicable, and after a zoning permit has been issued in accordance with this Part, except where no zoning permit is required.
2.
A use listed as a use permitted by special exception may be permitted as a special exception provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of § 27-304 and Part 29 and after approval has been granted subject to the requirements of Chapter 22, Subdivision and Land Development, of the Township Code, if applicable, and any further restrictions as said Board may establish.
3.
A use listed as a use permitted by conditional use may be permitted as a conditional use provided the Board of Supervisors, after review by the Planning Commission, grants the conditional use subject to the expressed standards set forth in § 27-304 and Part 28, and after approval has been granted subject to the requirements of Chapter 22, Subdivision and Land Development, of the Township Code, if applicable, and any further conditions that the Board of Supervisors may impose to insure the protection of adjacent uses and the health, safety, or general welfare.
4.
A use not listed as being permitted by right, special exception, or conditional use in a particular zoning district is not permitted in that zoning district.
§ 27-303 Uses Subject to Other Regulations.
[Ord. 01-09-18-1, 9/18/2001, § 302]
1.
Uses permitted by right, by conditional use, or by special exception shall be subject, in addition to use regulations, to all regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading, buffers, and to all other provisions as are specified in other Parts of this chapter or other Township ordinances.
2.
All uses permitted in the Township shall be subject, in addition to these ordinance regulations, to all other applicable Township, county, state or federal requirements and licensing regulations and to the requirements of any other agency with jurisdiction. These include, but are not limited to, regulations for licensing of human service activities, requirements for accessibility of the disabled, sewage disposal requirements, water supply regulations, soil erosion and sedimentation control requirements, floodplain regulations, state road regulations, fire protection requirements, and the protection of environmental or natural features.
3.
No final plan approval or zoning permit shall be issued until approval is obtained from the Bucks County Department of Health for wastewater disposal, and, where applicable, the Pennsylvania Department of Environmental Protection, unless the premises is served by public sewerage facilities, in which case the entity providing sewage disposal services shall be required to provide evidence that the property will be served by public sewerage and that capacity exists for wastewater treatment for this project. This documentation shall be provided on a form issued by the Township.
§ 27-304 Use Regulations.
[Ord. 01-09-18-1, 9/18/2001, § 303; Ord. 2002-19, 12/30/2002; Ord. 2003-08, 7/1/2003, Arts. I — IV; Ord. 2004-01, 4/6/2004, Art. I; Ord. 2004-06, 11/10/2004, Art. I; Ord. 2005-05, 6/21/2005; Ord. 2010-09, 11/3/2010; Ord. 2012-06, 10/23/2012; Ord. No. 2013-04, 11/26/2013; Ord. No. 2014-01, 1/6/2014; Ord. 2017-05, 11/28/2017; Ord. No. 2018-06, 9/11/2018; Ord. No. 2019-02, 3/12/2019; Ord. No. 2019-10, 9/10/2019; Ord. No. 2020-04, 9/8/2020; Ord. No. 2020-07, 11/10/2020; Ord. No. 2021-03, 3/9/2021; Ord. No. 2021-07, 12/14/2021; Ord. No. 2022-02, 12/13/2022; Ord. No. 2023-02, 2/14/2023; A.O.; Ord. No. 2024-02, 10/9/2024; Ord. No. 2024-03, 10/9/2024]
1.
A1 General Farming. The production of agricultural, horticultural, arboricultural, dairy products; the keeping of livestock, poultry and the products thereof; the raising of fur bearing animals and the products thereof; the products of poultry and bee raising; crop farming; plant nurseries; and all buildings (barns, sheds, silos, etc.), associated with this use. Not included in this use is Use A3, Intensive Agriculture; Use G13, Garden or Horticultural Center; Use H4, Contracting; Use A4, Forestry or Timber Harvesting; or Use A7, Kennels.
A.
Minimum lot area: three acres.
B.
Any building or structure used for the keeping or raising of bees, livestock, horses or poultry shall be situated not less than 50 feet from any street line or property line. Livestock grazing areas and any other areas for livestock shall be set back a minimum of 75 feet from any stream or watercourse to protect stream banks, prevent erosion, and protect streamside vegetation.
C.
Any other building or structure, other than noted in Subsection B above, shall meet the lot width, yard and setback requirements for Use B1, Single-Family Detached Dwelling, for the applicable zoning district.
D.
Retail sales shall meet the requirements of Use A2, Agricultural Retail.
E.
One farm dwelling meeting the requirements of Use B1 is permitted for properties of 25 acres or less. Properties of more than 25 acres may have one additional dwelling. Farm dwellings permitted shall be owned by the owner of the main farm.
F.
This use does not include the making of mulch from materials generated off the farm.
G.
Animal density shall not exceed two animal equivalent units per acre on an annualized basis.
2.
A2 Agricultural Retail. The retail sale of agricultural products such as food and plants at roadside stands. The purpose of this use is to allow homeowners and farmers to sell produce they have grown and to encourage the continuation of farming, without creating a commercial use in districts where commercial uses are not permitted.
A.
Agricultural retail is an accessory use which shall be subordinate to Use A1, General Farming, and to Use B1, Single-Family Detached Dwelling.
B.
All products sold, as measured by the gross sales receipts, must be grown, produced or raised on the property or on properties within the Township's Agricultural Security Area.
C.
Maximum floor area: 200 square feet. No permanent foundation shall be constructed.
D.
This use may include pick-your-own products.
E.
No sales area, parking area, or roadside stand shall be permitted within 10 feet of the cartway of any street.
F.
No zoning permit shall be required, provided that the use meets all the standards set forth in this section.
G.
This use is separate and distinct from Use A5, Accessory Farm Business. Any sale of agricultural products that does not meet the requirements of this use shall be subject to the requirements of Use A5.
3.
A3 Intensive Agriculture. Intensive agriculture is an operation where the animal density exceeds two animal equivalent units per acre on an annualized basis or an operation which involves 500 animal equivalent units or more.
A.
Minimum lot area: 100 acres.
B.
Any building or structure used for the keeping or raising of livestock, horses, or poultry shall be situated not less than 200 feet from any street line or property line.
C.
Maximum impervious surface ratio: 20%.
D.
All applicable regulations of the Pennsylvania Department of Environmental Protection shall be met.
E.
Feedlots, pens, and confinement areas shall not be situated less than 250 feet from any stream or swale and shall not be located within the 100-year floodplain.
F.
The applicant must prepare, as part of the application for the use, the following:
G.
All facilities shall meet the requirements of the Pennsylvania Nutrient Management and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
H.
One dwelling unit is permitted and shall meet the requirements of Use B1.
4.
A4 Forestry or Timber Harvesting.
A.
Purpose. To preserve forests and the environmental and economic benefits they provide, it is the policy of the Township to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations contained in Subsections A through G are intended to further this policy by:
B.
Scope; Applicability. A zoning permit shall be required for all forestry/timber harvesting activities; however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted:
(1)
Removal of diseased or dead trees.
(2)
Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.
(3)
Removal of up to five trees per acre of woodlands per year, not to exceed a total of 10 trees per lot, or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter, measured at breast height (dbh), and not covered by the exemptions in the foregoing two subsections.
(4)
When a building permit is issued for a building, structure or use, the permittee may cut down any trees which exist in the space to be occupied by such building, structure or use, or within 30 feet of such building, structure or use, and all space within 10 feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system or permitted accessory uses.
C. FELLING FORESTRY LANDING LANDOWNER LITTER LOP OPERATOR PRECOMMERCIAL TIMBER STAND IMPROVEMENT SKIDDING SLASH STAND STREAM TIMBER HARVESTING, TREE HARVESTING or LOGGING TOP WETLAND
Definitions. As used in Subsections A through G, the following terms shall have the meanings given them in this subsection:
The act of cutting a standing tree so that it falls to the ground.
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. Clear cutting or selective cutting of forest lands for a land use change is excluded from this definition.
A place where logs, pulpwood or firewood is assembled for transportation to processing facilities.
An individual, partnership, company, firm, association or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.
Discarded items not naturally occurring on the site such as tires, oil cans, equipment parts and other rubbish.
To cut tops and slash into smaller pieces to allow the material to settle close to the ground.
An individual, partnership, company, firm, association or corporation engaged in timber harvesting, including the agents, subcontractors and employees thereof.
A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
Dragging trees on the ground from the stump to the landing by any means.
Woody debris left in the woods after logging, including lots, chunks, bark, branches, uprooted stumps and broken or uprooted trees or shrubs.
Any area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
Any natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and banks.
The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products. Clear cutting or selective cutting of forest lands for a land use change is excluded from this definition.
The upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
D.
Notification; Preparation of a Forestry/Logging Plan.
(1)
Notification of Commencement or Completion. For all forestry and timber harvesting operations that are expected to exceed one acre, the landowner shall notify the Township enforcement officer at least 10 business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
(2)
Logging Plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township enforcement officer upon request.
(3)
Responsibility for Compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
E.
Contents of the Forestry/Logging Plan.
(1)
Minimum Requirements. As a minimum, the logging plan shall include the following:
(a)
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
(b)
Design, construction and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips and water bars.
(c)
Design, construction and maintenance of stream and wetland crossings.
(d)
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
(e)
Copies of all required permits, submitted as an appendix to the plan.
(f)
Proof of current general liability and/or workers' compensation insurance.
(g)
Proof of a PennDOT highway occupancy permit or Township driveway permit for temporary access, as applicable.
(h)
Copy of the written E&S plan, and, only if required, an E&S permit issued by the Department of Environmental Protection.
(2)
Map. Each forestry/logging plan shall include a site map containing the following information:
(a)
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property.
(b)
Significant topographic features related to potential environmental problems.
(c)
Location of all earth disturbance activities such as roads, landings and water control measures and structures.
(d)
Location of all crossings of waters of the Commonwealth.
(e)
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(3)
Compliance with State Law. The forestry management plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not limited to, the following:
(a)
Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.).
(b)
Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
(4)
Compliance with Federal Law/Regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations, including, but not limited to, the best management practices (BMPs) as set forth at 33 CFR 323.4(a)(6)[i] through [xv].
F.
Forest Practices. The following requirements shall apply to all forestry/timber harvesting operations in the Township:
(1)
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 the thoroughfare.
(2)
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
(3)
All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.
(4)
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
(5)
Litter resulting from a timber harvesting operation shall be removed from the site before the operator vacates it.
(6)
Any soil, stones and/or debris carried onto public roadways must be removed immediately.
(7)
When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours and be seeded and mulched as necessary to establish stable groundcover.
G.
Pursuant to 67 Pennsylvania Code, Chapter 189, the Township may require the landowner or operator to furnish a bond to guarantee the repair of roads
5.
A5 Accessory Farm Business. An accessory farm business is an activity, as specifically defined and regulated by this chapter, that is conducted on the land in addition and accessory to the principal use of farming the land. The purpose of these regulations is to encourage the continuation of farming and the preservation of farmland in the Township by allowing working farmers to market their products and services directly to the public and by allowing use of farmland for farm-related activities as accessory uses, provided that such activities are conducted in a manner that is compatible with the rural residential character of the Township.
A.
The following types of accessory farm businesses, and no others, are permitted, provided that they comply with the requirements of this chapter:
(1)
Educational Farm Tours. Tours given to show the operation of a working farm and its animal production or production of field or nursery crops and harvesting.
(2)
Seasonal festivals which must be related to products grown on the farm.
(3)
Halloween events, including hayrides.
(4)
Farm market for farm and horticultural products and pick-your-own products. Agricultural retail in accordance with Use A2 is permitted in accordance with that use.
B.
The following requirements apply to all types of accessory farm businesses permitted:
(1)
A farm business shall be an accessory use which is subordinate and clearly incidental to the principal farming use. If the owner of the land fails to farm more than 25% of the total tillable acres of the property for two consecutive years, the owner shall not be permitted to operate any accessory farm business as defined herein but may continue the wholesale and retail sale of products raised on the land under Act 43[1], so long as the property remains in the agricultural security area. The accessory farm business is permitted as an accessory use only. If any of the conditions to which the use is subject cease to be met, then the accessory farm business use shall also cease.
[1]
Editor's Note: See 3 P.S. § 901 et seq.
(2)
Accessory farm business uses shall be operated by the owner of the property on which the use is proposed or by a related family member and such uses may not be subcontracted to any person or entity to operate the business on the farm. The intent of this provision is to provide for the continuation of family farm businesses and to prohibit commercial operations.
(3)
All accessory farm businesses shall meet the requirements for water supply, wastewater disposal, and restroom facilities of the Bucks County Health Department and any other agency with jurisdiction.
C.
In addition to complying with Subsection 5B(1) through (4), all permitted accessory farm businesses except for farm markets are subject to the following additional requirements:
(1)
Minimum lot area: 25 contiguous acres.
(2)
No activity or event or structure used for an activity or event shall be located within 150 feet of a right-of-way line or property line, except for parking areas which may be located within 75 feet of a right-of-way line or property line.
(3)
No event shall begin before 7:00 a.m. or continue past 10:00 p.m. on Friday and Saturday nights or past 9:00 p.m. on the other nights of the week.
(4)
No alcohol may be offered for sale or consumed at any event conducted as an accessory farm business.
(5)
Accessory farm businesses are subject to the following regulations on type, frequency and duration:
(a)
Educational Farm Tours. An annual permit is necessary to operate education tours. This permit shall specify the number of days per year that educational tours will take place on the farm and a description of the farm tours to be provided in sufficient detail to demonstrate that the educational farm tour will illustrate farm operations.
(b)
Seasonal Festivals. A permit shall be required for each seasonal festival. No more than 10 seasonal festivals shall be permitted per farm per calendar year. A single festival shall not exceed four days in duration. Seasonal festivals must be related to the farm activities, products, and the farm year, such as spring planting, fall harvest, etc. Examples: strawberry festival, apple festival.
(c)
Halloween Hayrides. Halloween hayrides may operate from the last Saturday in September through the first Sunday in November only, and a traffic plan shall be reviewed and approved by the Plumstead Township Police Chief in order to guarantee safe ingress and egress from the property, and the safety of any off-site hayrides.
(6)
No concerts are permitted.
(7)
Amplified sounds or music is permitted provided that the owner or operator of the use guarantees that the noise standards in § 27-2310 will be met at the nearest occupied dwelling unit.
(8)
No mechanical rides or mechanical amusements are permitted, except tractor or animal pulled hayrides or other animal drawn vehicles or carriages shall be permitted.
(9)
Retail sales are permitted only as provided by this chapter for the sale of farm products.
(10)
Parking. Off-street parking areas shall be provided in designated areas to accommodate all attendees at any special event, seasonal festival, craft fair, hayride or other permitted event.
(11)
A traffic control plan must be submitted with the permit application and approved by the Township prior to receiving a permit for an event.
(12)
Lighting. No permanent outdoor lighting shall be installed or illuminated for special events; temporary lighting may be used for special events for the duration of the event only and may not shine or produce glare on adjacent properties. All lighting must comply with the lighting regulations of this chapter.
(13)
Signs. A plan for signs proposed for the event must be submitted with the application for a permit to the Township Zoning Officer and must be approved by the Township prior to receiving a permit for an event. A total of 32 square feet of sign area shall be permitted per event, including all directional signs, at any one time. The sign area may be divided into no more than three signs. The signs may be put in place no more than two weeks prior to the event and must be removed within five days of the conclusion of the event. The signs must have a sign permit and shall be subject to all applicable requirements of this chapter.
D.
Farm Markets. Requirements for retail sale of farm products, horticultural products and pick-your-own products. These requirements shall apply in addition to those in Subsection B, above, of this § 27-304, Subsection 5.
(1)
Minimum lot area: 10 contiguous acres.
(2)
This section does not prevent or limit the sale of farm produce grown on properties within the Township's agricultural security area where such retail sale is permitted under Pennsylvania Act 43 which requires that a minimum of 25% of the products sold shall be grown on the farm on which the retail sale occurs. Products may be sold without a Township permit where all the Act 43 regulations are met and where there is no permanent structure or building proposed for the retail sale of products. Any use meeting the requirements of Use A2, Agricultural Retail, is exempt from the requirements of this subsection.
(3)
The products sold shall be limited to food items and horticultural items.
(4)
Lighting. Permanent outdoor lighting on the property shall be permitted only to illuminate the retail sales area and parking areas during business hours, the farm residence, and buildings used for farming purposes. All lighting must comply with the lighting regulations of this chapter.
(5)
Signs. One on-premises sign shall be permitted for each road frontage of each farm with a farm retail use, and such signs shall not exceed 32 square feet. The signs must have a sign permit and shall be subject to all applicable requirements of Part 26, Signs, not inconsistent with this subsection.
(6)
The hours of operation of any farm business that sells retail products to the public shall be limited to 7:00 a.m. until 10:00 p.m.
E.
One dwelling unit is permitted and shall meet the requirements of Use B1.
6.
A6 Farm Support Facility. Commercial grain or commercial feed mill. Facility for the warehousing, sale and service of agricultural equipment, vehicles, feed or supplies.
7.
A7 Commercial Kennel. An establishment, structure, lot or portion of a lot on or in which more than six domestic animals are housed, bred, boarded, trained or sold.
A.
No more than two animal shows or competitions are permitted in any one calendar year.
B.
Minimum lot area: 10 acres.
C.
No animal shelter shall be located closer than 200 feet from any lot line. All animals shall be maintained in enclosed buildings and runs enclosed by fences designed and constructed so as to prohibit the animals from escaping from the fenced area. As used herein, the term "run" shall mean any outside area where animals are permitted to exercise without being under the physical control of a handler. No run shall be closer than 100 feet to any lot line.
D.
Any building or structure, other than noted in Subsection C above, shall meet the lot width, yard and setback requirements for Use B1, Single-Family Detached Dwelling, for the applicable zoning district. One dwelling unit is permitted and shall meet the requirements of Use B1.
E.
Retail sales of related items is allowed as an accessory use and shall be limited to a maximum floor area of 750 square feet.
F.
All areas used for exercising and training of animals shall be enclosed by a fence not less than six feet in height or of a height to prevent dogs from escaping from the fenced area. The fence shall be no closer than 20 feet from any lot line.
G.
All training shall be under direct control of the owner or handler.
H.
The kennel use, including all runs, shall be buffered along the exterior perimeter from adjoining residential uses by a double row of evergreen plantings to screen noise and create a visual and physical barrier. Evergreens shall be a minimum of six feet in height.
I.
All dogs must be kept indoors between 10:00 p.m. and 7:00 a.m.
8.
A8 Riding Stable and Horse Boarding. An establishment where horses are boarded and cared for; where instruction in riding, jumping and showing is offered; and/or the general public may, for a fee, hire horses for riding.
B.
Any building or structure used for the keeping or raising of horses shall be situated not less than 50 feet from any street line or property line.
C.
Any building or structure, other than noted in Subsection B above, shall meet the lot width, yard and setback requirements for Use B1, Single-Family Detached Dwelling, for the applicable zoning district. One dwelling unit is permitted and shall meet the requirements of Use B1.
D.
Retail sales of related items are allowed as an accessory use and shall be limited to a maximum floor area of 750 square feet. Accessory retail sales shall be permitted only where the use includes facilities for instruction, horses for hire, and/or horse shows.
E.
Horse shows shall be considered to be a temporary use for which a temporary zoning permit shall be issued. Horse shows shall not begin prior to 7:00 a.m. and shall not continue after 9:00 p.m. The applicant shall submit a plan for parking and access to the site. No more than 10 horse shows per year per property shall be permitted.
F.
Any area to be used for horse show events shall be 100 feet from the lot lines.
G.
This use may be accessory to Use A1 or Use B1, provided that all the requirements of the use are met.
H.
Animal density shall not exceed two animal equivalent units per acre on an annualized basis.
8A.
A9 Limited Winery Operation. A winery that produces at least 200 gallons per year but not more than 200,000 gallons per year of winery products. This use encompasses the activities, practices, equipment and procedures used in the production, harvesting and preparation for market or use of winery products and in the direct commercial retail sales of winery products; and all buildings (wine cellars, tasting/sales rooms, barns, storage areas, etc.) associated with this use. This use is a principal agricultural use and is separate and distinct from Use A1 General Farming, Use A2, Agricultural Retail and Use A5, Accessory Farm Business.
A.
The production of winery products includes, but is not limited to, the growing and harvesting of agricultural commodities, preparation for fermentation, fermentation, blending, filtering, aging, packaging and storing of winery products.
B.
Area and dimensional requirements shall be the more restrictive of the area and dimensional requirements applicable to the subject zoning district or the following:
Minimum lot area | 10 acres |
Minimum lot width | 200 feet |
Maximum building coverage | 10% |
Maximum impervious coverage | Refer to maximum impervious coverage in the applicable zoning district |
Minimum yards | |
Front | 50 feet |
Side | 50 feet |
Rear | 50 feet |
D.
The agricultural commodities used for the production of winery products must be grown by the limited winery operator on the property but may also include agricultural commodities grown by the operator on non-contiguous property that is owned, rented or leased by the operator.
E.
The limited winery operation shall be operated by the owner of the property on which the use is proposed or by a related family member and such uses may not be subcontracted to any person or entity to operate the limited winery operation.
F.
The limited winery operation is permitted to engage in direct commercial sales activities consistent with a limited winery license provided at least 50% of the commodities sold are produced on the property.
G.
The limited winery may engage in food sales to the extent allowable by the Pennsylvania Liquor Code and as permitted by the Bucks County Department of Health. Food sales shall be accessory to the tasting and retail sale of wine. The operator may sell or offer food items only in conjunction with the sale of winery products and only as permitted by the Pennsylvania Liquor Control Board ("PLCB").
H.
Maximum Building Floor Area for Direct Commercial Sales Activities.
(1)
For properties under 20 acres, the maximum floor area used for sales and consumption of products shall be no greater than 3,000 square feet, not including restrooms, access areas and areas not accessed by the public.
(2)
For properties over 20 acres, the maximum floor area attributed to sales and consumption of products shall be no greater than 4,000 square feet.
I.
Outdoor seating is permitted up to a maximum of 50% of the maximum permitted occupancy of the of the area attributed to sales and consumption. In any event, outdoor seating shall comply with all setback requirements.
J.
Any buildings or portions of a building used for retail sales activities shall meet the requirements for water supply, wastewater disposal, rest room facilities and food facility licensing of the Bucks County Health Department and any other agency with jurisdiction as well as compliance with the Uniform Construction Code as applicable.
K.
Amplified sounds or music is permitted provided that the owner or operator of the limited winery operation complies with the noise standards in § 27-2310.
L.
Signs. One on-premises sign shall be permitted for each road frontage of each limited winery operation and such signs shall not exceed 32 square feet. The signs must have a sign permit and shall be subject to all applicable requirements of Part 26, Signs.
M.
The hours of operation of any limited winery operation for retail sales activities shall be governed by the limited winery licensing regulations of the PLCB.
N.
Lighting. Permanent outdoor lighting on the property shall be permitted only to illuminate the retail sales area and parking areas during business hours and farm buildings in compliance with the lighting requirements in this Chapter. Temporary outdoor lighting, as regulated in Chapter 27, Part 23, shall not be permitted.
O.
The property may not be rented for private events, including weddings. If the limited winery operation offers events other than wine tasting, sale of foods as allowed by the PLCB, and direct wine sales, the operator must obtain conditional use approval to conduct a temporary community event as set forth in this chapter.
P.
Parking and Access. Off-street parking shall be provided on the same lot as the limited winery operation in a designated area with street access provided § 22-917 of the Subdivision and Land Development Ordinance. The owner or operator shall supply one space per two people of capacity or seats, whichever requires the greater amount of parking. Parking must comply with any applicable Americans with Disabilities Act requirements. Parking requirements may not be met by utilizing grass or fields.
The owner or operator must submit a parking plan with its zoning permit application which demonstrates compliance with this subsection 8A. The plan need not provide for parking improvements such as striping, curbing, or landscaped islands, but shall demonstrate parking capacity based upon the stall sizes set forth in the Subdivision and Land Development Ordinance. The permit required will depend upon whether the street access is on a State road or a Township road The number of parking spaces shall be one space for every two persons of capacity or seats, whichever provides the greater amount of parking, plus one space per employee.
Q.
Any new structures or expansion of existing structures intended for occupancy by the public and/or any new impervious surface will require land development or waiver of land development approval and compliance with the requirements of Chapter 26 of the Code of Ordinances of Plumstead Township.
R.
Food trucks on the premises shall be limited to no more than two at any time. Food trucks shall be located in an existing parking area and shall not be placed in grass.
S.
Prior to the issuance of a zoning permit, the operator shall file with the Township a copy of the PLCB limited winery license.
T.
Overnight accommodations are prohibited except for a single farm dwelling that meets the requirements of use B1. Properties of more than 25 acres may have one additional dwelling that meets the requirements of use B1. Any farm dwelling unit shall be occupied by either the owner or an employee of the winery.
9.
B1 Single-Family Detached Dwelling. A single detached dwelling unit on an individual lot with private yards on all sides of the house and with no required public or community open space. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings or mobile homes.
10.
B2 Land Preservation Subdivision. Detached single-family dwelling units on individual lots with private yards on all sides of the house that are clustered to preserve open space for the purposes and uses specifically permitted by this chapter. Requirements for this use are found within the district regulations where this use is permitted. This use is permitted only where the proposed wastewater disposal method is consistent with the Township's Act 537[3] plan for wastewater disposal, without requiring any revisions to the Act 537 plan.
[3]
Editor's Note: 35 P.S. § 750.1 et seq.
11.
B3 Land Preservation Subdivision with Transferable Development Rights. Requirements for this use are found within the district regulations where this use is permitted. This use is permitted only where the proposed wastewater disposal method is consistent with the Township's Act 537[4] plan for wastewater, without requiring any revisions to the Act 537 plan.
[4]
Editor's Note: 35 P.S. § 750.1 et seq.
12.
B4 Two-Family Dwelling, Twin or Duplex.
A.
Twin Dwelling. A structure containing two dwelling units that share only one wall in common.
(1)
Dimensional requirements:
Minimum lot area per dwelling unit | 2,500 square feet | |
Maximum building coverage | 35% | |
Minimum lot width | 40 feet | |
Minimum yards | ||
Front | 20 feet | |
Side | 10 feet | |
Rear | 20 feet | |
Aggregate of front and rear | 50 feet | |
B.
Duplex Dwelling. A structure containing two dwelling units with one dwelling unit located above the other.
(1)
Dimensional requirements:
Minimum lot area per dwelling unit | 2,500 square feet | |
Maximum building coverage | 40% | |
Minimum lot width | 50 feet | |
Minimum yards per building | ||
Front | 20 feet | |
Side | 15 feet | |
Rear yard | 20 feet | |
Aggregate of front and rear yards | 50 feet | |
13.
B5 Multifamily: Apartments. A structure designed and occupied exclusively as a residence and containing three or more dwelling units that may have individual outside entrances or individual entrances from a common entryway.
A.
Area and Dimensional Requirements.
Minimum site area | 1 acre | |
Maximum site area | 25 acres | |
Maximum density: | ||
Sites of 10 acres or less | 8 dwelling units per acre of base site area | |
Sites of more than 10 acres | 6 dwelling units per acre of base site area | |
Minimum open space: | ||
8 units to 50 units | 0% | |
51 units to 100 units | 20% | |
101 units to 200 units | 30% | |
Maximum impervious surface ratio for site: | ||
Sites of 10 acres or less | 50% of base site area | |
Sites of more than 10 acres | 60% of base site area | |
Minimum building setback: | ||
From internal street line or private right-of-way | 25 feet | |
From common parking area | 20 feet | |
Maximum number of units per building | 12 | |
Minimum building spacing | 30 feet | |
Minimum street frontage for site: | ||
VC and VR Districts | 100 feet | |
All other districts | 100 feet | |
Minimum setback from all property lines for all buildings, access drives and parking areas: | ||
Sites of 10 acres or less | 40 feet | |
Sites of more than 10 acres | 60 feet | |
Minimum setback from all buildings to open space parking spaces required: | ||
Off-street parking | 2 spaces per unit | |
Overflow parking | 0.25 space | |
C.
All plans for multifamily developments shall indicate the locations of mailboxes; the arrangements made for trash pickup and disposal; and the location of centralized trash receptacles.
D.
In the VC and VR Districts, parking areas shall be located to the side or rear of all buildings and not in the front yard or to the front of any building.
14.
B6 Multifamily: Townhouse. A townhouse is a dwelling unit attached to another from ground to roof. Each unit shall have individual outside access. A row of attached townhouses shall not exceed eight dwelling units.
A.
Area and Dimensional Requirements.
Minimum site area | 1 acre | |
Maximum site area | 25 acres | |
Maximum density: | ||
Sites of 10 acres or less | 6 dwelling units per acre of base site area | |
Sites of more than 10 acres | 4 dwelling units per acre of base site area | |
Minimum open space: | ||
8 units to 50 units | 0% | |
51 units to 100 units | 20% | |
101 units to 200 units | 30% | |
Maximum impervious surface ratio: | ||
Sites of 10 acres or less | 60% of the base site area | |
Sites of more than 10 acres | 50% of base site area | |
Maximum impervious surface on a townhouse lot | 60% | |
Minimum lot width for a townhouse lot | 20 feet | |
Minimum building setback from internal street | 10 feet | |
Maximum building setback (build-to line) | 25 feet | |
Minimum rear yard | 30 feet | |
Minimum building spacing | 30 feet | |
Minimum setback from all property lines for all buildings and parking areas: | ||
Sites of 10 acres or less | 30 feet | |
Sites of more than 10 acres | 50 feet | |
Minimum setback from buildings to open space parking spaces required: | ||
Off-street parking | 2 spaces per unit | |
Overflow parking | 0.25 spaces per unit | |
C.
All plans for multifamily developments shall indicate the locations of mailboxes; the arrangements for trash pickup and disposal; and the location of centralized trash receptacles.
D.
All units shall front on a public street or a private right-of-way but shall not face onto a parking lot.
E.
All lots shall be served by alleys to the rear of the dwelling unit that shall provide access to the lots and parking. No on-lot parking shall be permitted in the front yard or in front of the unit.
15.
B7 Mobile Home Park. A parcel or contiguous parcels of land that contain two or more mobile home lots. Mobile home lots need not be separately owned or subdivided but must be shown on all plans for mobile home parks.
16.
B8 Flexible Lot Size Subdivision. A subdivision in which the lot size is variable so long as the minimum lot size and the maximum number of dwelling units do not exceed the standards contained in the district requirements where this use is permitted.
A.
Minimum site area: 25 acres.
B.
The maximum number of dwelling units permitted on a particular site shall not be greater than the maximum number of dwelling units that would have been permitted on the site using Use B1, Single-Family Detached Dwelling. A maximum possible yield plan showing sufficient detail to demonstrate the maximum number of dwelling units that would be permitted on the site shall be required by the Township. The yield plan shall include a delineation of the resources requiring protection under the terms of this chapter and shall provide information satisfactory to the Township that the lot yield has been accurately demonstrated. The yield plan shall be subject to an engineering and planning review to certify the number of lots that will be permitted.
17.
B9 Life-Care or Full-Care Facility. A life-care or full-care facility is a form of residential use designed and operated for individuals requiring certain support facilities. The facility may include a sober living environment, independent living units, assisted living units, personal care boarding facilities, and nursing care beds.
A.
Dimensional and area requirements:
Minimum lot area | 5 acres | |
Minimum lot width | 250 feet | |
Maximum density | 10 beds/acre of base site area | |
Maximum impervious surface ratio | 35% | |
Minimum yards: | ||
Front | 75 feet | |
Side | 75 feet | |
Rear | 75 feet | |
B.
Accessory Retail Services. Accessory retail services are permitted within the life-care facility but shall be for use of residents and their guests only. No outside advertising is permitted. These retail services shall occupy no more than 5% of the total floor area. Retail facilities shall be limited to the following uses:
C.
Open Space and Passive Recreational Area. At least 50% of the site area must be maintained as open space. Open space shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes. At least 20% of the site, which may be considered part of the open space, shall be developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks. No outdoor sitting areas shall be located on land subject to flooding or on slopes in excess of 5%. Open space may include side and rear yards but may not include any areas excluded from open space by the definition contained in this chapter.
D.
Fire Protection. All rooms in the life-care facility shall be provided with sprinkler systems for fire protection and shall contain and be served by wet charged standpipes to the top floor.
18.
B10 Residential Conversion.
A.
The conversion of an existing building into two or more dwelling units, subject to the following requirements. These regulations also allow for the conversion of a barn, garage, carriage house or other traditional buildings to residences.
(1)
Detached dwellings which are converted must maintain the appearance of a detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may share the single front entrance. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a street.
(2)
Except as may be necessary for purposes of safety in accordance with the preceding subsection, there shall be no major structural change in the exterior of the building in connection with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before the conversion.
(3)
All wastewater disposal systems must be approved by the Bucks County Department of Health prior to the issuance of a zoning permit. If public sanitary sewer facilities are provided, approval must be obtained by the authority having jurisdiction and the Pennsylvania Department of Environmental Protection, if applicable. Verification of available sewer service must be submitted to the Township on forms provided by the Township.
(4)
Separate cooking and sanitary facilities shall be provided for each dwelling unit.
(5)
Off-street parking spaces shall be located to the side or rear of the converted structure.
(6)
Off-street parking lots with three or more spaces shall be buffered from abutting residences. Hedge materials shall be placed on three-foot centers.
(7)
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
(8)
The minimum lot width and minimum yard requirements for Use B1, Single-Family Detached Dwelling, shall be met for the applicable zoning district, except as permitted by Subsection 18I below.
(9)
The following minimum lot area requirements shall be met:
Zoning District | Minimum Lot Area Per Dwelling Unit |
|---|---|
VR | 4,000 square feet |
VC | 4,000 square feet |
(10)
To be eligible for a conversion, the building to be converted must have been in existence as of the effective date of this chapter.
B.
The conversion or use of an existing residential building for the housing of roomers, boarders or lodgers, with or without common eating facilities, but not including personal care boarding homes or similar facilities licensed by the State Department of Human Services.
19.
B11 Accessory Dwelling. An accessory dwelling is a second dwelling unit (either detached or part of the principal dwelling) used as a residence by relatives of the owner of the principal residence or caretaker(s)/employee(s) of the principal residence. An accessory dwelling must be located on the same lot with the principal residence and must meet the following requirements:
A.
The minimum lot area for the construction of a new detached residential accessory dwelling shall be 1.5 times that required of the applicable zoning district. All yard and setback requirements and other dimensional requirements of the zoning district are observed for the principal dwelling. If a separate attached or not attached dwelling is proposed, it must also meet the yard and setback requirements for the zoning district and the other dimensional requirements of the district. Two additional parking spaces shall be required for the accessory dwelling use.
B.
An attached accessory dwelling shall share an exterior wall with the principal structure. An accessory dwelling shall not be considered attached if connected by way of a hallway, breezeway, or other similar means of connecting two structures. A new attached accessory dwelling shall meet the minimum setback requirements for the principal structure of the respective zoning district.
C.
A permit shall be obtained from the Bucks County Department of Health for the wastewater disposal system if an on-site system is proposed for the accessory dwelling. If public sanitary sewer facilities are provided, approval must be obtained from the Township and there shall be documentation regarding adequate disposal and treatment capacity provided to the Township.
D.
Only one accessory dwelling shall be allowed for each single-family detached dwelling. For properties with a lot area of three acres or less, the accessory dwelling shall not exceed 1,500 square feet. For properties with a lot area more than three acres, but less than 10 acres, the accessory dwelling shall not exceed 2,000 square feet; and for properties with a lot area greater than 10 acres, the accessory dwelling shall not exceed 2,500 square feet. If it is intended that the new structure shall become the principal dwelling and the existing structure shall become the accessory dwelling, the building to be classified as the accessory dwelling must satisfy the requirements of this part. The intent of this use is to allow for related family members (that is, parents, grandparents, children, grandchildren and in-laws), caretakers, farm workers or other on-site employees to reside on the premises, but to prohibit the creation of for-profit apartments in districts where multifamily housing is not otherwise permitted; as well as to restrict the property from being converted into a condominium, or subject to a planned unit community declaration or other form of division of the living space into multi-ownership units.
E.
The record owner of the property shall grant a deed restriction limiting such use in accordance with the foregoing provisions in favor of Plumstead Township, which agreement shall contain the following provisions:
(1)
A description of the dimensions and location of accessory use.
(2)
Identification of the occupant or occupants of the accessory use.
(3)
A covenant restricting the property from being converted into a condominium, or subject to a planned unit community declaration or other form of division of the living space into multi-ownership units.
(4)
A covenant restricting the occupancy of the accessory use to related family members (that is, parents, grandparents, children, grandchildren and in-laws), caretakers, farm workers or other on-site employees of the principal residence to reside on the premises but prohibiting the creation of for-profit apartments.
(5)
Being in a recordable document acceptable to the Township for filing with the Bucks County Recorder of Deeds office. All costs for the preparation and recording of the foregoing document are the responsibility of the applicant for the accessory use.
F.
The record owners of the property must be an individual or individuals, and cannot be a limited partnership, general partnership, limited-liability company, corporation, or other form of an entity.
G.
It shall be prohibited to utilize an accessory dwelling as a short-term transient rental.
20.
B12 Accessory Home Occupations.
A.
General Standards. The following shall apply to all home occupations:
(1)
A home occupation must be conducted within an existing dwelling which is the bona fide residence of the principal practitioner or in an existing accessory building thereto that is normally associated with a residential use.
(2)
The maximum amount of floor area devoted to this home occupation shall not be more than 25% of the floor area of the principal residential structure.
(3)
The appearance of the residential structure or accessory building shall not be altered, except for compliance with health and safety regulations, nor shall the occupation within the residence or accessory building be conducted in a manner which would cause the premises to differ from its residential character by the use of colors, materials, construction, lighting, and/or show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter. There shall be no exterior display, exterior storage of materials, nor any other exterior indication of the accessory office or variation from the residential character of the principal building on the premises.
(4)
All commercial vehicles of one ton capacity or greater must be parked in a garage, an enclosed structure, or be suitably screened from view from adjacent properties and public rights-of-way.
(5)
No equipment or process shall be used in a home occupation that creates noise, vibration, glare, fumes, odors, dust or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used that creates visible or audible interferences in any radio or television receivers off the premises.
(6)
A zoning permit shall be required for all accessory home occupations except where specifically exempt by this chapter.
(7)
No signs are permitted, except when permitted by the specific home occupation use.
B.
Specific Use Standards. The following shall apply to specific types of accessory home occupations.
21.
B12a No-Impact Home-Based Business. A business or commercial activity administered or conducted as an accessory use to a residential use that is clearly secondary to the residential use of the dwelling. The activities shall not involve any customer, client or patient traffic, either vehicular or pedestrian, in excess of that normally associated with a residential use, and shall not involve pick up, delivery or removal functions to or from the premises in excess of that normally associated with a residential use. The activity shall satisfy the following requirements:
A.
The activity shall be compatible with the residential use of the property and the surrounding residential uses.
B.
The activity shall not employ anyone other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The 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, that is detectable in the neighborhood.
F.
The activity may not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with a residential use in the neighborhood.
G.
The activity shall be conducted only within the residential dwelling and may not occupy more than 25% of habitable floor area.
H.
No zoning permit is required as long as these regulations are met.
22.
B12b Accessory Professional Offices. Accessory office that allows the visiting by clients or patients and may employ more than one outside employee on the premises but does not involve any display of merchandise on the property. It is permitted on the same lot with and clearly incidental to a permitted dwelling in which the operator of the home occupation resides and is permitted where in conformance with the following regulations.
A.
Minimum lot area: two acres.
B.
Persons engaged in a permitted B12b home occupation shall be limited to members of the household of the practitioner(s) residing on the premises and no more than two additional employees on the site.
C.
Off-street parking spaces in addition to spaces otherwise required shall be provided in accordance with the expected need to accommodate owners, employees, and clients. Parking spaces must be located to the side or to the rear of the principal residence and must be separated from adjoining properties by a planted buffer 10 feet in width.
D.
There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries. When used as an office for a contractor, the accessory office shall be used only for scheduling, clerical, accounting, or other office functions and not for any aspect of contracting services performed such as material storage, materials transfer, equipment storage, and so forth.
E.
This use is permitted in a single-family detached dwelling or a residential accessory building only. The residential accessory building shall be located within the building envelope required by the respective zoning district in order to be utilized for a home occupation.
F.
A single sign may be permitted for the B12b home occupation but shall not exceed six square feet in size and must be approved by the Zoning Officer.
23.
B12c Traditional Home Business. A business of a resident who provides instruction to individual students in music or art or other academic subjects; dressmaking or millinery services; or is an artist, photographer, craftsman, or clergymen, and which does not use any employees on the premises and which does not involve any display of merchandise on the property. It is permitted on the same lot with and clearly incidental to a permitted dwelling in which the operator of the home occupation resides and may be permitted in conformance with the following regulations:
24.
B12d Repair Services/Craftsperson. A repair shop for appliances, watches, guns, bicycles, locks, small business machines, and other goods, but not including automobile, truck, motorcycle, snowmobile, all-terrain vehicle, outboard motor, and water jet ski vehicle repairs. The shop of a woodworker, craftsman, or artisan.
25.
B12e Family Day Care. A family day care is a facility operated for remuneration in which child day care is provided for four to six children, including relatives of the caregiver and nonrelatives, at any one time and where the child-care areas are part of a family residence wherein the caregiver resides. This use is subject to conformance with the following additional regulations:
A.
This use shall only be permitted as an accessory use within a single-family detached dwelling.
B.
An outdoor play area shall be provided for the children. This area shall not include any impervious surface or parking areas. The outdoor play area must be enclosed by a four-foot-high fence which is deemed appropriate by the Township. The outdoor play area shall be located to the side or rear of the property.
C.
Persons engaged in a family day care use shall be limited to the members of the household of the operator residing on the premises.
D.
The owner and operator of a family day care use must obtain a registration certificate from or be licensed by the Pennsylvania Department of Human Services. Failure to maintain the registration or license as required shall result in a termination of the special exception approving same, and it shall be the affirmative obligation of the owner and operator of a family day care use to provide, annually, proof to the Township that the registration certificate or license is valid for that year.
E.
The Township may conduct an inspection of the facility annually.
F.
This use shall be located on a lot with frontage on a public street and the operation of the family day care must be conducted in a manner so as not to obstruct the normal flow of traffic. Where necessary to provide for safe transfer of children to and from the facility, the Township may require additional off-street parking and driveway area as a condition of the grant of any zoning permit.
G.
Hours of operation: 7:00 a.m. to 6:00 p.m.
H.
Minimum lot area: one acre.
26.
B12f Lawn Care Service. Use of residential property by a resident as a base of operations for a lawn and yard care service, but not including the conduct of any phase of the business except for recordkeeping. This use does not include excavation, grading or construction businesses or construction contracting. The following requirements shall be met:
A.
Minimum lot area: three acres.
B.
Minimum setback: 75 feet from all property lines for all activities and buildings related to this use.
C.
Vehicles parked on the property shall be limited to vehicles and equipment typically used for lawn care and landscaping business and shall not include large construction equipment typically used in grading, earthmoving and construction businesses. All commercial vehicles including trailers used in the conduct of the lawn care service business shall be parked within an enclosed structure or screened from abutting properties with an evergreen buffer.
D.
Employees of the Business. No more than one employee, other than the resident of the property, shall be permitted to be employed on site. Within the RP and RO Districts only, up to three additional employees may use the site as a base from which to go to other work sites and may leave their vehicles during the workday. Parking for each employee shall be provided on site. Parking spaces must be located to the side or to the rear of the principal residence and must be separated from adjoining properties by a planted buffer 10 feet in width.
E.
Yard Waste and Debris. No yard waste or debris may be brought to or stored on the site of the lawn care service.
27.
B13 Bed-and-Breakfast. A use accessory to a single-family detached dwelling shall be permitted for accommodating transient guests for rent subject to the following additional conditions and restrictions, all of which must be met.
A.
No more than six guest rooms shall be provided, and no more than four persons may occupy any one room.
B.
At least one bathroom shall be provided for each two guest rooms in addition to at least one bathroom provided for the principal residential use.
C.
Minimum Floor Area. Dwellings with a gross habitable floor area of less than 3,500 square feet are not eligible for this use. Habitable floor area does not include basements.
D.
Detached dwellings which are converted must maintain the appearance of a detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a street.
E.
Except as may be necessary for purposes of safety in accordance with the preceding subsection, there shall be no major structural change in the exterior of the building in connection with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before the conversion.
F.
All wastewater disposal systems must be approved by the Township, Bucks County Department of Health and the Pennsylvania Department of Environmental Protection, if applicable, prior to the issuance of a zoning permit. Any on-lot septic system shall be recertified as being adequate.
G.
There shall be no use of show windows of any type of display or advertising visible from outside the premises except a single nonilluminated sign no larger than six square feet per side constructed and placed in accordance with the requirements of Part 26.
H.
The use shall be carried on by members of a family, who must reside in the primary premises. It is the intent that the use be owner-operated.
I.
There shall be no separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight and shall be restricted to breakfast and afternoon tea.
J.
The use of any amenities provided by the bed-and-breakfast, such as outdoor areas and gardens, swimming pool or tennis court, shall be restricted in use to the overnight guests and permanent residents of the establishment.
K.
Minimum lot area: three acres.
L.
The bed-and-breakfast may not be used for fee-based receptions or private parties.
28.
B14 Residential Accessory Building, Structure or Use. All buildings, structures, and uses identified below, but not limited to the following, are considered accessory:
A.
Garages or Parking Spaces. For the parking of passenger automobiles including noncommercial trucks and vans with loading capacities not exceeding .75 ton, garages, enclosed structures or parking for commercial vehicles.
B.
Accessory Buildings Other Than Garages. Storage sheds, bathhouses, private greenhouses and portable home storage units.
(1)
Before placing a portable home storage unit on a property, a person must submit an application and receive a permit for a temporary structure from the Township. An insurance certificate providing liability insurance in the amount of $100,000 provided by the company supplying the portable home storage unit must accompany the application.
(2)
Temporary storage permits will be granted for a portable home storage unit for a period not to exceed one year and shall not be renewable
(3)
Portable home storage units are prohibited from being placed in streets or in the front of a property. Portable home storage units must be kept in the driveway of the property at the furthest accessible point from the street. All locations must be paved off-street services. An applicant must obtain preapproval of the location for the portable home storage unit by the Township Code Enforcement Officer in the following situations:
(4)
Only one portable home storage unit may be placed at any residential property at any one time.
(5)
Accessory buildings other than garages which are not portable home storage units or structures shall not exceed 15 feet in height.
C.
Fences and Walls. Man-made structures erected to enclose or screen areas of land, such as fences and walls, are permitted subject to the applicant applying for and receiving a zoning permit and subject to the following regulations:
(1)
Fences and walls in any portion of the front yard shall not exceed four feet in height; except for fences or walls along expressways or arterial roads, where fences or walls shall not exceed six feet in height. Height shall be measured from the mean ground level surrounding the fence or wall.
(2)
Fences and walls in side and rear yards shall not exceed six feet in height.
(3)
No fences or walls may be constructed in the clear sight triangle; in any portion of the street right-of-way; in a public easement; a stormwater management easement unless otherwise approved by the Board of Supervisors; or in any portion of an easement where the easement agreement prohibits fences or walls.
(4)
Fences surrounding tennis courts or sport courts shall may exceed six feet in height but shall not exceed 12 feet in height; shall not be located in any portion of the required front yard; and shall be constructed of wire-type fencing.
(5)
These regulations shall not apply to the following:
(a)
Fences or walls around or associated with agricultural or horticultural uses do not require a permit and may be a maximum of eight feet in height.
(b)
Retaining walls necessary to hold back slopes are exempted from the regulations of this section and are permitted when approved by a professional engineer licensed in the Commonwealth of Pennsylvania.
D.
Noncommercial Swimming Pool. A recreation facility designed to contain a water depth of 24 inches or more for use of the residents and their guests, subject to the following:
(1)
A zoning permit shall be required to locate, construct or maintain a noncommercial swimming pool.
(2)
A swimming pool and appurtenant equipment may be located within a minimum side or rear yard setback but shall not be located closer than 10 feet from any side or rear lot line.
(3)
The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to these properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.
(4)
A fence around the pool yard shall be provided in conformance with Chapter 5, Part 1, BOCA Codes, of the Township Code. A three-foot-high fence with vertical guards spaced four inches center to center with a self-latching gate shall be provided along the top of the pool liner for an above-ground pool unless the entire pool is located within a fenced yard which is in conformance with the fencing requirements for an in-ground pool per Chapter 5, Part 1.
(5)
There shall be no cross-connection with any wastewater system.
(6)
The permanent inlet shall be above the overflow level of the pool.
E.
Tennis Court.
(1)
A tennis court or sport court and its associated fencing shall not be located in the required front yard of a dwelling and shall be set back a minimum of 15 feet from any side or rear lot line.
(2)
No lighting shall shine directly beyond a boundary of the lot where the tennis court is located.
(3)
A tennis court or sport court shall not be located over a drainage field of a wastewater disposal system.
F.
Wind Energy System: On-Site Usage. A wind energy system that provides energy for the principal use and/or accessory uses of the property on which the wind energy system is located and shall not be primarily used for the generation of energy for the sale to other users. The following regulations in addition to any other prescribed by statute, regulation, or ordinance shall apply to wind energy on-site-usage systems:
(1)
A site plan, prepared, signed, and sealed by a qualified professional licensed in the Commonwealth of Pennsylvania, shall be submitted, which identifies property lines, lot area, location of existing natural and man-made features, location of the proposed wind energy system, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings. This requirement shall be in addition to any other site plan requirements provided for under Chapter 22, Subdivision and Land Development, and this chapter.
(2)
No wind energy system on-site usage shall exceed 60 feet in hub height.
(3)
All wind energy systems shall comply with the current requirements of the FAA. The wind energy system, including tower, shall comply with all applicable state construction and electrical codes, and the National Electric Code. Prior to issuance of a building/zoning permit for installation of the wind energy system, the applicant must submit to the Township all documentation required by the Township Building Code Official to verify that the design of the wind energy system complies with the Pennsylvania Uniform Construction Code,[6] including, but not limited to, documentation of the structural integrity of the foundation, base, tower, and all appurtenant structures, and electrical design. Design information must be sealed by a Pennsylvania-licensed professional engineer and/or certified by the manufacturer.
[6]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103
(4)
Setbacks.
(a)
A wind energy system shall be set back a distance of 1.25 times the total height of the wind turbine from all property lines, overhead utility lines, public roads, and rights-of-way, or the minimum yard requirement, whichever is greater.
(b)
No part of the system, including guy wire anchors, may extend closer than 10 feet to the property boundary. Additionally, the outer and innermost guy wires must be marked and clearly visible to a height of six feet above the guy wire anchors.
(c)
Wind energy systems on-site usage shall be permitted only within the rear yard in zones where residential uses are permitted.
(5)
Safety Features.
(a)
The wind energy system wind turbine shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed, and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.
(b)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall be designed and installed so as not to provide step bolts, a ladder, rungs, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground elevation.
(c)
All electrical wires associated with a wind energy system wind turbine shall be located underground when practicable. All wires not located underground, including, but not limited to, wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires, shall be contained within an appropriate conduit suitable for same.
(d)
No wind energy system shall be permitted whose design permits any vane, sail, or rotor blade to pass within 15 feet of the ground.
(e)
Appropriate warning signage (e.g., "danger high voltage") shall be placed where it is clearly visible by persons standing near the tower base or other ground-mounted electrical equipment.
(f)
A wind energy system shall be enclosed by a fence at least six feet in height which is located at least five feet from the base of the wind turbine.
(g)
All wind energy systems shall be provided with climbing protection up to a height of 15 feet. All wind turbines that could be climbed upon by children (i.e., lattice type, or monopoles with ladders less than 10 feet above the ground) shall be surrounded by a fence at least six feet in height which is located at least five feet from any portion of the base of such wind turbine.
(6)
No artificial lighting (unless required by the Federal Aviation Administration), signage, or any forms of advertising shall be utilized or attached to the wind energy system.
(7)
Audible sound from a wind energy system shall not exceed 55 dBa as measured at the closest property line.
(8)
The wind energy system shall be a nonobtrusive color such as gray, tan, green, light blue or off-white.
(9)
The wind energy system owner, at his or her expense, shall complete decommissioning of the system within 12 months after the end of the useful life of the turbines, within 12 months of damage which prevents the system from operating at full capacity and in a safe manner, or within 12 months of continuous nongeneration of electricity.
(10)
A wind energy system shall be designed to produce no more than 100 kilowatts.
(11)
The wind energy system shall be designed to withstand 120 mph winds, and a Pennsylvania-licensed structural engineer shall certify that the soil is stable and can support the wind energy system or, if roof-mounted, the roof can support the wind energy system.
(12)
No wind energy system on-site usage shall be placed on any structure identified in the Heritage Conservancy survey of historic structures in Plumstead Township.
G.
Amateur Radio Antenna.
(1)
Height. No amateur radio antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 55 feet.
(2)
Anchoring. Any amateur radio antenna shall be properly anchored to resist high winds.
(3)
An amateur radio antenna shall be set back 1.25 times its height from all property lines and shall be located to the rear of the primary dwelling.
H.
Recreational Vehicle Storage. Recreational vehicles are defined as a vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisurely time or recreational use, and include, but are not limited to, the following: travel trailers, truck-mounted campers, motor homes, folding tent campers, buses or trucks adapted for vacation use, boats, boat trailers, and utility trailers. Recreational vehicles shall not be stored in the required front yard setback and shall not be permitted on residential lots, except for such lots improved with a B1 single-family detached dwelling. Any such vehicle must be placed on an improved surface, as approved by the Township Code Enforcement Official.
I.
Garage or Yard Sales. The temporary display and sale of goods and craft items on a residentially used property.
(1)
This use shall be limited to occurrences of not more than three days. Such occurrences shall be limited to not more than four occurrences in a calendar year. There shall be at least a thirty-day period between such occurrences.
(2)
Signs advertising garage or yard sales shall be limited to 12 square feet in size. Such signs shall be posted no more than two days prior to the first day of the sale and shall be removed on the final day of the sale. No more than three off-premises signs shall be placed. The location of off-premises signs must be approved by the property owners of the properties upon which they are to be fixed.
J.
Keeping of Animals in Residential Areas.
(1)
No use shall involve the keeping of animals or fowl in such a manner that it creates a nuisance (including noise or smell) or a health hazard or a safety hazard. No zoning permit shall be required for the keeping of animals in accordance with this use.
(2)
No more than six domestic pets, including dogs or cats, may be kept for private purposes except as Use A10, Kennel-Commercial, as regulated herein. No numerical restriction shall apply to cats and dogs of less than three months of age.
(3)
The area in which dogs are kept shall be suitably enclosed if the dogs are not chained. This area shall not be within the required front or side yards and shall be located at least 20 feet from any adjacent dwelling.
(4)
Horses may be maintained on a lot of two acres or more, but only one horse per acre of base site area shall be permitted. No barn, stable, or other structure housing horses shall be permitted within 50 feet from any lot line, and no exercise area, corral, fenced-in area containing horses shall be permitted within five feet from any lot line. Horses being kept for purposes other than personal use for leisure riding and/or as pets shall meet the requirements of Use A8, Riding Stable and Horse Boarding.
(5)
No more than six chickens or fowl shall be kept on any residential property with lot size under three acres. Roosters are expressly prohibited from being kept on the property. On such properties, any coop, building, or structure used for keeping, housing, or containing the fowl shall be situated not less than 50 feet from any street line or property line.
K.
(Reserved)
L.
Solar Energy System: On-Site Usage. A solar energy system that provides energy for the principal use and/or accessory uses of the property on which the solar energy system is located and shall not be primarily used for the generation of energy for sale to other users.
(1)
A site plan, prepared, signed, and sealed by a qualified professional licensed in the Commonwealth of Pennsylvania, shall be submitted, which identifies property lines, lot area, location of existing natural and man-made features, location of the proposed solar energy system, ownership information for adjoining properties, and setback measurements from property lines, street lines, and occupied buildings. This requirement shall be in addition to any other site plan requirements provided for under the Subdivision and Land Development Ordinance[7] or the Zoning Ordinance.
(2)
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer, owner, and/or operator of the system. In no case shall any such identification be visible from beyond or outside the property line.
(3)
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend with the existing and surrounding environment.
(4)
Solar panels installed as ground arrays shall comply with the following:
(a)
No adjacent property owner shall be required to remove or cut any plant, bush, crop, or tree.
(b)
Ground arrays shall not project into a required yard setback.
(c)
Ground arrays shall not be permitted in a front yard.
(d)
Ground arrays shall be located so that any reflection is directed away or is buffered from any adjoining property.
(e)
Ground arrays shall not exceed a height of eight feet at the highest point of the structure.
(f)
The property owner shall be required to install a secure and locked (minimum) six-foot-high fence around the ground array and the equipment related thereto.
(5)
Roof-mounted solar energy systems shall comply with the following:
(a)
Permitted solar energy system panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection (the preferred installation) or separate solar panels attached flat to the roof's surface.
(b)
Roof-mounted solar panels other than those described in Subsection L(1) (above) shall be permitted so long as such roof-mounted solar panels, where used for residential structures, shall not exceed three feet above the plane of a sloped rooftop at any point, shall not project vertically above the peak or ridgeline of a sloped roof or more than five feet above a flat roof.
(c)
The highest point of solar panels on rooftops shall not exceed one foot above the permitted height of the zoning district.
(d)
Before the issuance of a zoning and/or building permit, the applicant shall provide a Pennsylvania-licensed professional engineer's certification with the engineer's seal that the roof can support the panels and equipment to be installed on it.
(6)
A solar energy system shall primarily provide power for the principal use and/or accessory uses of the property on which the solar energy system is located and shall not be primarily used for the generation of power for the sale of energy to others, although this provision shall not prohibit the sale of excess power generated from time to time to the local utility company. The designer of the system or the local utility provider shall provide certification to the Township that the design of the system is not an annual production of more than 200% of the amount of power than is needed based on the historical annual electrical usage of the property owner.
(7)
All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:
(a)
The design and installation of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system in accordance with the requirements of the Pennsylvania Uniform Construction Code (UCC), as amended. All wiring shall comply with the applicable version of the National Electrical Code (NEC), as amended. The local electric utility service provider shall be contacted by the owner and/or applicant to determine grid interconnection and net metering policies.
(b)
The solar energy system owner, at his or her expense, shall complete decommissioning of the system within 12 months after the end of the useful life of the system, within 12 months of damage which prevents the system from operating at full capacity and in a safe manner, and which damage remains continuously unrepaired or uncorrected during the entire said twelve-month period, or within 12 months of continuous nongeneration of electricity.
(c)
A Pennsylvania structural engineer shall seal all plans for either a ground array or roof-mounted solar energy system to certify that the roof can support the loads, and that the roof and/or ground array can withstand 100-mile-an-hour winds.
(d)
Only a North American Board of Certified Energy Practitioner (NABCEP) or a licensed electrician shall install a solar energy system.
(8)
For purposes of determining compliance with building and impervious coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, inverters, shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays.
(9)
No solar energy system shall be placed on any structure identified in the Heritage Conservancy survey of historic structures in Plumstead Township.
(10)
No solar energy system shall be permitted within a conservation easement dedicated to the benefit of Plumstead Township.
M.
Geothermal Systems. Closed looped geothermal systems shall be permitted as an accessory use. A closed looped geothermal system shall be any heating and/or cooling system that utilizes the earth's thermal energy to heat and/or cool a building through the use of a series of underground pipes in which the same liquid is continuously run through piping in a closed circuit and no new liquid is introduced to the system or used liquid discharged from the system. Open looped geothermal systems shall not be permitted. An open looped geothermal system is one in which liquid is run through piping after being drawn from a source and is then discharged to that source or an alternate location. Closed looped geothermal systems shall comply with the following requirements:
(2)
The installation specifications and drawings for a geothermal system shall be submitted to and approved by the Township only after the installer and manufacturer certify that the system conforms to the International Ground Source Heat Pump Association installation standards, as may be amended and updated from time to time.
(3)
As-built plans and related documentation for each system and well location shall be provided to the Township.
(4)
A written plan for the operation of the geothermal system shall contain the requirement that any system leaks or releases be reported immediately to the Township, Bucks County Department of Health and Pennsylvania Department of Environmental Protection, and in the event of discontinued use of the geothermal system, a system closure plan will be prepared and submitted to the Township for approval prior to closure.
(5)
No geothermal well shall be located within 50 feet of any existing drinking water wells nor of on-lot sewage disposal systems. No geothermal system horizontal piping shall be located within 10 feet of any existing drinking water wells.
(6)
No geothermal system shall be connected in any way to any sanitary sewer or stormwater disposal system.
(7)
Only water or nontoxic fluids or solutions or food-grade fluids may be used as a circulating fluid for geothermal systems.
(8)
The aboveground geothermal system shall not intrude into any required yards.
N.
Outdoor wood-fired boilers. An outdoor wood-fired boiler may also be known as an outdoor wood-fired furnace, outdoor wood-burning appliance or an outdoor hydronic heater or water stove designed to burn clean wood or other approved solid fuels; specified by the manufacturer for outdoor installation or for installation in structures not normally intended for habitation by humans or domestic animals, including structures such as garages and sheds; and which heats building space and/or water through distribution, typically through pipes of a fluid heated in the device, typically water or a mixture of water and antifreeze. A Phase II outdoor wood-fired boiler is an outdoor wood-fired boiler that has been certified or qualified by the Environmental Protection Agency as meeting a particulate matter emission limit of 0.32 pounds per million British thermal units output and is labeled accordingly. Only Phase II outdoor wood-fired boilers are permitted. All Phase II outdoor wood-fired boilers shall comply with the following:
(1)
An outdoor wood-fired boiler shall be installed at least 150 feet from the nearest property line.
(2)
The outdoor wood-fired boiler shall have a permanent stack attached with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak of any residence located less than 150 feet from the outdoor wood-fired boiler. A stack is any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a furnace especially that part of a structure extending above a roof.
(3)
The only permitted fuel for outdoor wood-fired boilers is clean wood (natural wood that has no paint, stains, or other types of coatings, and natural wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote or pentachlorophenol), wood pellets made from clean wood or a home heating oil, natural gas, propane or that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for duel-fired outdoor wood-fired boilers.
(4)
Outdoor wood-fired boilers shall not be used or operated between the dates of May 1 and September 30 of each year.
(5)
The outdoor wood-fired boiler owner, at his or her expense, shall complete decommissioning of the system within 12 months after the end of the useful life of the system, within 12 months of damage which prevents the system from operating at full capacity and in a safe manner, or within 12 months of continuous nonuse of the system.
29.
29A.
B16 Village Preservation Development. A cluster subdivision/development containing a variety of residential uses in a village setting. Open space and recreation areas are required.
A.
Dimensional and area requirements:
Minimum area | 50 acres |
Maximum density | 3.5 dwelling units/acre of gross site area |
Maximum impervious surface for gross site | 30% |
Minimum open space and recreation land | 40% of gross site area |
Minimum existing street frontage for gross site | 100 feet |
Maximum building height | 40 feet |
B.
Other requirements for this use are found with the zoning district regulations where this use is permitted.
29B.
B17 Short-Term Transient Rentals. The rental of one or more rooms of a residential property to transient guests for a period of less than 14 consecutive days wherein the guests are allowed access to the cooking facilities. The owner of such a property need not reside at the property contemporaneously with the transient guests. A short-term transient rental use shall be accessory to all residential uses and permitted in all districts where the principal residential use is allowed, whether by right, conditional use, or by special exception. Short-term transient rental use shall be subject to the permitting provisions outlined in Chapter 13, Part 5, of the Plumstead Township Code.
29C.
(Reserved)
30.
C1 Place of Worship. Any structure or structures used for worship or religious instruction, including accessory social and administrative rooms. Permitted accessory uses include cemeteries and day-care centers.
31.
C2 School. Religious, sectarian or nonsectarian, denominational private school, or public school which is not conducted as a business. Also includes a nursery school operated as a business.
B.
Outdoor play areas shall be 100 feet from side and rear property lines. Outdoor play areas shall be screened in accordance with the buffer requirements of this chapter or other Township ordinances.
C.
For schools in the R-1 District, the following additional regulations shall apply:
(2)
A Class A bufferyard shall be required around the perimeter of the site adjacent to all agricultural and/or residential uses. No bufferyard shall be required along any adjacent properties zoned for industrial use.
(3)
Parking areas shall have no minimum percentage of total area in landscaping and no trees are required to be planted within the interior of parking areas. Planting islands are not required.
(4)
The maximum woodlands or forest disturbance on the site shall be 40%, provided at least 20% of the disturbed forest area shall be utilized for stormwater management facilities.
D.
Access shall be taken from an arterial or collector road unless waived by the Board of Supervisors.
32.
C3 Library or Museum. A library or museum, open to the public or connected with a permitted educational use and not conducted as a private business.
33.
C4 Hospital. An establishment, licensed by the American Hospital Association, including a health care medical marijuana organization, which provides health care services primarily for inpatient medical or surgical care of the sick or injured, including related facilities, such as laboratories, outpatient departments, training facilities, central service facilities and staff offices as an integral part of the establishment. A hospital is subject to the following additional provisions:
35.
C5 Nursing Home or Personal Care Boarding Facility. Licensed nursing or personal care boarding facility or a facility providing skilled or intermediate care or providing therapy or medical services for patients in residence at the facility, subject to the following additional provisions:
B.
A minimum of 20% of the base site area shall be developed as passive recreation area, including outdoor sitting areas and passive walkways. Recreation areas shall not include detention basins, parking lots, accessory buildings or any impervious surfaces except those used for recreational purposes.
C.
The facilities must meet the applicable state requirements for a nursing home or a personal care boarding facility.
36.
C6 Cemetery. A burial place or graveyard for humans or pets including mausoleum, crematory, columbarium or chapel, but excluding a funeral home.
B.
Lot Coverage of Accessory Buildings and Parking Facilities. No more than 10%, up to a maximum of five acres, may be devoted to aboveground buildings or impervious surfaces not serving as burial markers or memorials.
C.
No burial plots, structures or parking areas shall be located within the 100-year floodplain.
D.
No outside storage shall be permitted.
E.
All structures open to the public shall be supplied with water and sewer, and all utilities shall be placed underground.
37.
C7 Municipal Uses and Municipal Buildings. Plumstead Township municipal uses and buildings owned and operated by the Township, including, but not limited to, administration buildings, police stations, recreational uses and buildings, libraries, water supply facilities, municipal communications facilities, wastewater facilities, road maintenance and equipment facilities, temporary and permanent municipal uses, community centers, including Township community events and municipal structures. For Plumstead Township, requirements of this chapter may be waived, but only when approved by the Board of Supervisors.
38.
C8 Detention Facility. Such use, whether owned and operated by the County of Bucks, State of Pennsylvania, or a private entity, shall be limited to the following:
A.
A juvenile detention facility as described and regulated in 42 Pa.C.S.A. § 6327.
B.
A rehabilitation center providing for minimum security detention of prisoners for work release or partial confinement. Such rehabilitation centers shall not include facilities for the total confinement of prisoners who have been sentenced or who are awaiting trial.
C.
A penitentiary, correctional institution or prison.
D.
The following dimensional regulations shall apply.
(1)
Minimum lot size shall be 10 acres.
(2)
Minimum lot width at building setback line shall be 300 feet.
(3)
Maximum building coverage shall be 25%.
(4)
Maximum impervious surface shall be 50%.
(5)
Maximum height of buildings and structures shall be 60 feet.
(6)
The minimum front yard shall be 150 feet, and no accessory use may protrude any closer than 75 feet from the front property line.
(7)
The minimum side yards shall be 150 feet each, and no accessory use may protrude any closer than 75 feet from the side property lines.
(8)
The minimum rear yard shall be 150 feet, and no accessory use may protrude any closer than 75 feet from the rear property line.
E.
The building locations and spacings shall be as follows:
(1)
The greatest dimension in length or depth of a building shall not exceed 400 feet, but not more than three buildings may be attached to each other. Furthermore, a building shall include design elements so as to create an architecturally pleasing view of the building, notwithstanding the length and depth of same.
(2)
The distance at the closest point between any two building or groups of attached buildings, including accessory buildings, shall not be less than 30 feet, but shall be at least as great as the average height of the two adjacent buildings.
(3)
In no case shall the width of a building or the aggregate widths of buildings fronting on a street on the same lot exceed 80% of the width of the lot.
(4)
These regulations on building location and spacing shall apply to both accessory and principal structures.
F.
The following development regulations shall apply:
(1)
The tract of land on which each permitted use is conducted shall, in its entirety, be owned and operated as a single or common management and maintenance unit, with common open space, parking, utility, maintenance and service facilities and services.
(2)
The land surrounded by any permitted use shall be landscaped, except for paved areas such as walkways, accessways and play areas.
(3)
Any accessory building or structure which is industrial or nonresidential in appearance, such as a boiler room or maintenance shop, shall be suitably screened or shall be located so as to be least observable from the public street or property line.
(4)
The property boundary line of a detention facility shall not be located within 500 feet of a property boundary line where a school or day care is located.
G.
Detention facilities shall be permitted to have fences and walls or a combination of fences and walls around the facility in a height not to exceed 15 feet.
H.
A traffic study shall be required to be submitted with a conditional use application.
39.
D1 Public Recreational Facility. Outdoor recreational facility, nature area, or park, owned or operated by the county, state or federal government or nonprofit organization.
40.
D2 Commercial Recreational Facility. An indoor or outdoor recreational facility operated as a commercial venture, that may include games, courts, fields, camps, driving range, chip and putt golf, or miniature golf.
A.
Minimum lot area: 5 acres.
B.
No outdoor active recreation area for any recreational use shall be located nearer to any lot line than 100 feet.
C.
Outdoor play areas shall be screened with a planted buffer meeting the Township's ordinances.
D.
This use shall not include amusement parks, wild animal parks, zoos, or facilities involving guns, rifles, or bows and arrows, such as gun clubs or rifle ranges.
E.
Specific requirements for miniature golf courses, chip and putt courses, batting cages, or skate parks:
(1)
The use shall have its lot frontage on and take access from an arterial highway, as defined in Part 2 of this chapter.
(2)
Minimum lot frontage: 200 feet.
(3)
Height limit of 35 feet shall apply to all structures, buildings and facilities.
(4)
Lighting shall comply with all Township regulations.
(5)
Hours of operation shall be limited to daylight hours.
F.
Specific requirements for golf driving range:
(1)
A golf driving range shall have its lot frontage on and take access from an arterial highway, as defined in Part 2 of this chapter.
(2)
Minimum lot area: 25 acres.
(3)
Minimum lot frontage: 200 feet.
(4)
Height limit of 35 feet shall apply to all structures, buildings and facilities.
(5)
Lighting shall comply with all Township regulations.
(6)
Hours of operation shall be limited to daylight hours.
41.
D3 Private Club. Private club or lodge, facility for a condominium association or homeowners' association, subject to the following additional requirements:
42.
D4 Community Center. A community center is an educational, social, or recreational center operated by an educational, philanthropic or religious institution that is not conducted as a commercial enterprise. This use does not include any use that is customarily carried on as a business; residential facilities for chronically ill or other persons who need institutional care due to illness, disability or who are part of a criminal justice program; and any use defined as a private, commercial recreational use.
43.
D5 Golf Course. Golf course (not including miniature golf course, chip and putt, or driving range), including a clubhouse, restaurant and other accessory uses, provided these are clearly accessory to the golf course.
44.
D6 Private Camp. Land and buildings or structures planned as a whole for seasonal use. This use includes privately operated camps for boys or girls using two or more cottages for shelter or sleeping purposes.
44A.
D7 Commercial Swimming Pool. Any man-made structure or area including water with a depth greater than six inches that is used or intended primarily to be used for swimming, including, but not limited to, in-ground swimming pools, above-ground swimming pools, wading pools, spas, hot tubs; and their appurtenant equipment and facilities, including, but not limited to, pumps, filters, and decks; and where such structures/areas are not limited to use by members of one household and their guests. This use includes, but is not limited to, a swim club or a pool open to the general public, a specific community, or tenants of an apartment building.
A.
Regulations.
(1)
All pools shall be entirely enclosed by a well-maintained fence, at least six feet high, and with self-latching gates. The fence and gates shall be adequately designed, installed, and maintained to keep out children and shall conform with the Township Building Code.
(2)
All pools shall meet the applicable state and federal public bathing requirements.
(3)
All swimming pools and their appurtenant equipment and facilities shall fully comply with the Township Building Code.
(4)
Swimming pools and their appurtenant equipment and facilities shall not be located within any of the required minimum yards.
(5)
The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are fully shielded and are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties.
(6)
There shall be no cross-connection with a public sewerage system.
(7)
The permanent inlet shall be above the overflow level of the pool.
(8)
Prior to permit approval, it shall be demonstrated that the backwash, effluent and drainage of a pool is adequate and will not interfere with the water supply system, existing sewage facilities, public streets, or neighboring properties, and shall comply with the Bucks County Department of Health Rules and Regulations Governing Public Bathing Places.
(9)
Self-contained, above-ground hot tubs may be located no closer than 10 feet to a principal building upon the property.
(10)
This use may be accessory to other uses (i.e., multifamily use, private camp use, commercial recreational facility use, etc.) or may be a principal use (i.e., community pool).
(11)
Prior to construction, modification or replacement of a public bathing place or equipment, submission of plans to the Township and the Pennsylvania Department of Health ("PDH") shall be made and necessary permits issued.
(12)
Before issuance of a certificate of occupancy, a permit issued by the PDH.
44B.
D8 Temporary Community Event. An event that, because of its nature, interest, location, promotion or any combination of similar influences, is expected to draw a large number of persons, proposed to be held on Township property, or on private property but impacting Township property or roadways, and/or requiring the use of support services. A temporary community event shall include, but not be limited to, races, festivals, carnivals, circuses, public exhibitions, neighborhood celebrations, sporting events and similar events which are for charitable/community purposes. The term shall not include activities that are part of the normal operations of or are customary or incidental to the approved principal use of the property (examples include, but are not limited to, private events inside a restaurant facility, weddings at a church, student activities at a school, etc.). In order to host a temporary community event, a zoning permit is required, and if total attendance is anticipated to be 300 or more people, a mass gathering permit must be obtained from the Plumstead Police Department. The applicant shall provide plans for approval by the Township to ensure adequate parking, emergency access, sanitary facilities, refuse collection, noise control, traffic control, cleanup, notice of the event, and hours of operation. Applicant shall provide written notice and the above plans to all neighbors within 1,000 feet of the event site, and such uses shall be limited to not more than 12 occurrences in a calendar year for each organization.
45.
E1 Utilities. Transformer station, pumping station, relay station, water towers, substations, switching centers, sewage treatment plants, and any similar or related installation such as wells, well houses or stripping towers but not including incinerators, telecommunication facilities, personal wireless communications facilities, or public or private landfills. A utility use shall include appurtenances either above or below ground used in connection with the supplying of such services, including but not limited to buildings, pedestals, cables, wires, pipes, poles and the like, aboveground or below ground. The following requirements shall be met.
A.
C7 Municipal Uses and Municipal Buildings shall not be considered E1 Utilities.
B.
No public business office shall be operated in connection with the use.
C.
The use shall comply with all other provisions of this chapter. All permits required by any regulatory agency having jurisdiction, including but not limited to building and zoning permits required by Township ordinances, shall be obtained in connection with the installation of any structures associated with the use.
D.
No structure installed with the use shall be permitted to be located above grade level within the right-of-way of any Plumstead Township or PennDOT street, except where specifically permitted by a highway occupancy permit or by Plumstead Township.
E.
Where the use involves a building or structure in excess of 10 feet in height or covering more than 100 square feet in area, it shall have a lot area necessary to accommodate the building or structure, required buffer, required parking and a minimum distance between all structures, including parking areas and the lot lines of 50 feet. A planted buffer shall be provided around the perimeter of the use, except for the driveway entrance. Minimum lot area for any wastewater treatment facility or water supply facility shall be two acres. Setbacks for wastewater or water supply facilities, including, but not limited to, aboveground sewage treatment plant lagoons, aboveground surge tanks, and aboveground water supply tanks, shall be 300 feet from the property line.
F.
If utilities are provided as an integral part of a proposed subdivision or land development, are intended to provide service to that development, and are located entirely on the premises of that development, then a special exception need not be obtained for the proposed utility use, provided that the utilities serve only the residents of that particular development and no other.
G.
A separate lot is required for Use E1. E1 uses may not be located within any area of open space.
45A.
E2 Emergency Services. Fire, ambulance, rescue and other emergency services of a municipal or volunteer nature. This use may include residential quarters for emergency workers. The minimum lot area shall be one acre.
46.
E3 Public Transportation Passenger Terminal. A terminal shall be limited to a railway station or bus station providing passenger transportation services to the general public, and not including a school bus facility or terminal.
47.
E4 Airport. A facility designed for aircraft, including airplanes and helicopters, to take off and land. An airport includes hangers for the storage of aircraft; facilities for refueling and repairing aircraft; and various accommodations for passengers. This does not include a private airstrip that is accessory to a residential use.
A.
Minimum lot area: 100 acres.
B.
The facility shall meet all the regulations of and secure approval from the Pennsylvania Department of Transportation, Bureau of Aviation, and the Federal Aviation Administration.
C.
The outside limits of any landing area shall be located 400 feet from any property line and from any public road. A landing area is defined as an area used or intended to be used for the landing, taking off, or surface maneuvering of aircraft.
D.
All buildings associated with the airport, including hangers, landing pads, warm-up pads, refueling facilities, lights, etc., shall be placed at least 100 feet from the property line of the lot, as well as conforming to all other state and federal aviation setback requirements.
E.
A steel post and mesh Class E wire fence having a height of six feet shall enclose that part of the airport tract which is used by aircraft, so that animals and unauthorized persons and vehicles are restrained from entering the aircraft operating area.
F.
The owners, lessees and operators of the airport shall take all possible actions to protect the peace, safety and air quality of the environment of the area surrounding the airport. This shall include:
G.
No airport shall be established if its flight pattern will conflict with the flight pattern of any existing airport or heliport.
48.
F1 Medical Office. Office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto.
49.
F2 Veterinary Office. A place where animals are given medical or surgical treatment. Use of the facility for boarding or as a kennel is prohibited (except for those animals undergoing medical treatment), unless the boarding facility meets all the requirements of Use A7, Commercial Kennel.
50.
F3 Office. Business, professional or governmental offices other than Uses F1 and F2.
51.
F4 Business Park. A business park is a planned development of office uses and other related uses that includes improvements for internal streets, coordinated utilities, landscaping and buffering.
A.
Individual uses may be located in detached and attached structures.
B.
Area and Dimensional Requirements.
Minimum site area | 5 acres | |
Minimum lot width at street line (site) | 250 feet | |
Minimum lot width at street line (internal) | 150 feet | |
Minimum site area | 5 acres | |
Minimum building spacing | 50 feet | |
Minimum building setbacks (external) | ||
From site boundary | 100 feet | |
From street line | 50 feet | |
Minimum building setbacks (internal) | ||
Front | 40 feet | |
Side | 25 feet | |
Rear | 50 feet | |
Minimum parking area setbacks | ||
From buildings | 20 feet | |
From streets | 10 feet | |
Maximum impervious surface coverage | ||
Site | 55% | |
Lot | 70% | |
C.
Permitted Uses:
F1 Medical Office |
F2 Veterinary Office |
F3 Office |
G2 Day-Care Center |
G6 Service Business |
G15 Indoor Athletic Club |
H1 Manufacturing |
H2 Research |
H16 Flex Space |
D.
Accessory outside storage or display of materials, goods or refuse is not permitted within an office park.
E.
All uses within the business park shall take access from an interior street.
F.
All loading facilities shall be located to the rear or side of buildings.
52.
G1 Commercial or Trade School. Trade or professional school providing instruction in a trade, in the arts, music, exercise, or dancing.
53.
G2 Day-Care Center.
A.
A facility in which out-of-home care is provided for part of a twenty-four-hour day to six or more persons, including:
(1)
Care provided to a child at a parent's work site when the parent is not present in the child-care space.
(2)
Care provided in private, public, profit, or nonprofit facilities.
(3)
Care provided before or after the hours of instruction in nonpublic schools and in private nursery school and kindergartens.
B.
This use does not include the following:
(1)
Care provided by relatives.
(2)
Care furnished in places of worship during religious services.
(3)
Care provided in a facility where the parent is present at all times.
(4)
Care provided during the hours of instruction in nonpublic schools and in private nursery schools or kindergartens.
(5)
Care provided under Use B12e, Family Day Care.
C.
Minimum lot area:
District | Area (square feet) |
|---|---|
R-1 Zoning District | 60,000 |
R-2 Zoning District | 40,000 |
All other zoning districts | 90,000 |
D.
The minimum yard, setback, and lot width requirements for other permitted uses in the applicable zoning district shall be met.
E.
All day-care centers shall comply with the requirements of § 27-2405 of this chapter regarding bufferyards and plantings.
F.
An outdoor playground area of 65 square feet per child shall be provided. This area shall be fully enclosed by a four-foot-high fence and shall be located to the side or rear of the lot. Outdoor play areas may not be located within a bufferyard or within 200 feet of an occupied dwelling. Outside play shall be limited to the hours of between 8:00 a.m. and 6:00 p.m.
G.
A day-care center may be located on the same lot with one additional compatible use permitted in the zoning district. This combination use is permitted as a conditional use, and the requirement of one principal use per lot shall not apply. When a combination use is proposed, each separate use must meet all the requirements applicable to it as a standalone use, and all required permits for each use must be obtained. Examples of compatible uses would include an office or residence and another compatible use if approved by the Board of Supervisors. Uses that threaten the health, safety, welfare, or morals of the occupants of a day-care center are not compatible.
H.
Prior to the granting of a certificate of occupancy, the applicant must obtain a license from the Department of Human Services, Bureau of Child Development Programs, and provide a copy of such to the Township.
I.
Within the R-1 Rural Residential and R-2 Residential Zoning Districts, this use shall be limited to a maximum of 12 persons.
54.
G3 Retail Store. A shop or store selling commodities and goods to the ultimate consumer.
A.
This use does not include the over-the-counter sale of alcoholic beverages in a tavern or bar, stores in excess of 10,000 square feet of floor area, or a store with greater than 15 square feet of floor area devoted to the display of pornographic materials, or a hookah lounge or vape store.
B.
Any retail store that provides for gasoline or fuel sales directly to retail customers shall be considered to be a G22 Use, Motor Vehicle Gasoline Station, and shall meet the requirements of that use and shall only be permitted in zoning districts where Use G22 is permitted.
C.
If a drive-through facility is proposed, it must meet the requirements of Use 14.
D.
A medical marijuana dispensary may not be within 1,000 feet of another medical marijuana dispensary property line and must be more than 1,000 feet from the property line of any public, private or parochial school, and Use G2, Day-Care Center or Use B12e, Family Day Care.
54a.
G3a Hookah Lounge or Vape Store. A hookah lounge or a vape store may not be within 1,000 feet of another hookah lounge or a vape store property line and must be more than 1,000 feet from the property line of any public, private or parochial school, and Use G2, Day-Care Center or Use B12e, Family Day Care.
54b.
G3b Consumer Fireworks Sales. A single-use shop licensed by the Pennsylvania Department of Agriculture to sell at retail consumer fireworks that complies with the following:
A.
Such use shall not be located within 150 feet of any premises selling alcoholic liquors, alcohol, malt or brewed beverages for consumption on- or off-premises.
B.
Such use shall not be located within 150 feet of any local or state park, school or child day care facility, recreational establishment, house of worship, dwelling, hospital, group home or nursing home.
C.
Such use shall be a stand-alone, permanent structure, shall not be located within 2,500 feet of any premises selling firearms or another facility licensed to sell consumer fireworks, and shall be located no closer than 300 feet from a facility selling or dispensing gasoline, propane, or other flammable products.
D.
All land development plans for construction, use or renovation of an existing building for the purpose of selling fireworks shall be reviewed by the Code Enforcement Officer for compliance with the requirements of NFPA 1124, and all required fire safety codes, including, but not limited to, the International Fire Code, and the Code Enforcement Officer's comments and/ or report shall be copied to the Township-designated fire company(ies). Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation. The facility shall have a monitored burglar and fire alarm system.
F.
Quarterly fire drills and preplanning meetings shall be conducted as required by the primary Fire Department.[10]
[10]
Editor's Note: Former Subsection 53b.G, which pertained to sales of Consumer Fireworks from Temporary Structures, and which immediately followed this subsection, was repealed by Ord. No. 2019-10, 9/10/2019.
55.
G4 Adult Commercial. An adult commercial store, adult entertainment cabaret, adult movie house, and other adult uses as defined below and must comply as follows:
A.
Adult Commercial Bookstore. Adult bookstore is an establishment with more than 15 square feet of floor area devoted to the display, selling and/or rental of obscene matter and/or pornographic materials.
B.
Adult Entertainment Cabaret. A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features live sex, topless dancers, strippers, male or female impersonators, or similar entertainers, or similar establishment to which access is limited to persons 18 years of age or older under the laws of the Commonwealth of Pennsylvania currently in effect.
C.
Adult Video/Movie Houses. An enclosed building used regularly and routinely for presenting, displaying, or exhibiting obscene matter and/or pornographic materials for observation by patrons therein, or similar establishment to which access is limited to persons 18 years of age or older under the laws of the Commonwealth of Pennsylvania currently in effect.
D.
Other Adult Uses. Any business, activity or use, similar to or of the same general nature as the three adult commercial uses listed above.
E.
"Pornographic materials" are defined as pictures, drawings, photographs, movies, videotapes, DVDs, other media, other depictions or printed matter, and sex toys and other similar paraphernalia and objects, which, if sold knowingly to a minor under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania currently in effect.
F.
General Requirements.
(1)
The building or structure housing an adult commercial use shall be located no less than 500 feet from any residential use or zoning district, and no less than 1,000 feet from any school, church, recreation facility, or any other religious, institutional, or educational use.
(2)
No adult commercial use shall be located within 2,000 feet of a similar use.
(3)
No materials, goods, or services offered or sold by an adult commercial use, depictions thereof, or advertising thereof shall be visible from any window or door, or shown on the exterior of the building or any sign.
(4)
No person under the age of 18 years of age shall be permitted within an adult commercial use or sold or offered any pornographic materials, obscene matter, or similar items or services.
(5)
The buffer requirements of this chapter shall be met. At a minimum, a Class D buffer shall be provided and shall be in addition to any other applicable buffer requirements.
(6)
Parking. One off-street parking space for each 100 square feet of total floor area, plus one additional space for every employee.
(7)
Unless the establishment has a liquor license, all adult commercial uses shall close by midnight of each day and remain closed until at least 7:00 a.m. of the following day.
56.
G5 Village Oriented Shop. A shop or store, including but not limited to corner grocery (as distinct from a supermarket), drugstore, stationary store, soda fountain, G9 Eating Place (subject to the 4,000 square feet of floor area limitations set forth below), barbershop, beauty parlor, antique shop, craft store, office, studio, or medical marijuana dispensary. This use shall not include a shop in excess of 4,000 square feet of floor area.
A.
Parking shall be located to the side or rear of the building and shall not be permitted in the front yard along any street.
B.
Maximum building setback from the edge of cartway: 50 feet.
C.
Conversions of existing buildings are permitted.
D.
A medical marijuana dispensary may not be within 1,000 feet of another medical marijuana dispensary property line and must be more than 1,000 feet from the property line of any public, private or parochial school, and Use G2, Day-Care Center or Use B12e, Family Day Care.
E.
This use does not include a hookah lounge or vape store.
57.
G6 Service Business. Establishments engaged in providing services involving the care of a person or his apparel, such as barber, beautician, laundry and dry cleaning, optician, shoe repair, tailor, photographer, or travel agency.
58.
G7 Financial Establishment. A bank or credit union for consumer use.
A.
A drive-through or drive-up service window or facility is permitted as an accessory use in accordance with the requirements for I4, Accessory Drive-Through Facilities. Each drive-up service window, including remote cash machines, shall have a waiting area for at least six vehicles for each service window. The waiting line area shall be separated from other circulation lanes.
59.
G8 Funeral Home. An establishment for the preparation of the deceased for burial and services connected therewith before burial or cremation, including an auditorium and temporary storage facilities, but not including crematoria, cemeteries, columbarium, mausoleums, or other permanent storage facility.
60.
G9 Eating Place. An establishment for the sale and consumption of food and beverages without drive-through service. The sale of alcoholic beverages must be incidental to the sale and consumption of food. Any outdoor dining area shall not encroach onto any sidewalk adjacent to the use.
61.
G10 Eating Place with Drive-Through Service. Eating establishments with drive-through window service in which the principal business is the sale of foods or beverages in ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off the premises.
A.
The use must have direct access to an arterial street.
B.
There shall be only one point of ingress and only one point of egress per street.
C.
The drive-through service windows shall meet the requirements of Use I4 and shall have a vehicle waiting lane area for at least six vehicles for each drive-through window. The waiting line area shall be separated from other circulation lanes.
D.
Trash receptacles shall be provided outside the restaurant for patron use. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped.
E.
No children's play area or playgrounds are permitted. No outdoor entertainment or music is permitted in association with outdoor eating.
62.
G11 Tavern or Bar. An establishment that serves alcoholic beverages for on-premises consumption, including a brewery, microbrewery, or microdistillery, and is licensed by the Pennsylvania Liquor Control Board, not including an eating place that serves alcoholic beverages.
A.
No audio speakers or equipment shall be installed inside or outside the location of such use that would cause such sounds to emanate to the exterior of the premises.
B.
Use of any outdoor area for games, sports or competitions shall be allowed by conditional use only. The proposed use shall be permitted only if the activities have no effect on surrounding properties. No activities shall be permitted that result in noise, trash, light or other disturbances on surrounding or nearby properties. Any outdoor dining area shall not encroach onto any sidewalk adjacent to the use.
63.
G12 Repair Shop. Repair shop for items including but not limited to appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, but not including automobiles, motorcycles trucks, trailers and other heavy equipment.
64.
G13 Garden or Horticultural Center.
A.
A garden or horticultural center, including the following uses:
(1)
Garden center: the sale of flowers, floral items, shrubs, plants and trees, as well as accessory items.
(2)
Nursery production facilities: the growing of flowers, shrubs, plants and trees in the field and in containers, including greenhouses and over-wintering structures.
(3)
Accessory contract landscaping office.
(4)
Accessory storage buildings.
B.
Area and Dimensional Requirements.
Minimum lot area | 25 acres | |
Minimum lot width at the street line | 500 feet | |
Maximum building height | 35 feet | |
Minimum lot area | 25 acres | |
Minimum yards | ||
Front | 100 feet | |
Side | 100 feet | |
Rear | 100 feet | |
Minimum setbacks for accessory buildings or structures | ||
Front | 100 feet | |
Side | 50 feet | |
Rear | 50 feet | |
Maximum building area | ||
Garden center | 15,000 square feet | |
Nursery production facilities (including production greenhouses and any seasonal shelter which is impervious such as over-wintering structures) | 20,000 square feet | |
Accessory contract landscaping office | 4,200 square feet | |
Accessory storage building | 20,000 square feet | |
Total maximum building area | 59,200 square feet | |
(1)
Buffer Yards.
(a)
A buffer area of no less than 50 feet shall be provided when the proposed uses adjoin a residential use or residential zoning district.
(b)
The bufferyard shall be landscaped in accordance with the provisions of this chapter.
(c)
The trees and plants included in the bufferyard shall be permanently planted and shall not be sold as part of the garden or horticultural center operation.
(d)
No parking areas or access drives shall be permitted in the bufferyard.
(e)
Landscaping Plan. All required landscaping shall be presented in a landscaping plan prepared by a licensed landscape architect. The landscaping plan shall depict all proposed plantings and identify plant sizes, spacing and types. All vegetation and plant materials shall be identified. All proposed plantings shall conform with the "American Standard for Nursery Stock" of the American Association of Nurserymen.
(f)
The minimum planting strip within the buffer area shall be 20 feet. The buffer planting strip shall be comprised of evergreen trees and/or shrubs which are a minimum of six feet in height at the time of planting. The combined plantings shall create a continuous year-round visual barrier.
(g)
There shall be a minimum of one evergreen tree per nine linear feet of perimeter property boundary placed in a double staggered row.
(h)
Existing deciduous trees larger than three inches in caliper and/or existing evergreen trees six feet or larger in height may be counted to satisfy the buffer area planting requirement.
(i)
Plant Maintenance. Any tree or shrub which dies shall be replaced by the landowner. Any tree or shrub which is deemed, in the opinion of the Township, not to have survived or grown in a manner characteristic of its type shall be replaced. It shall be the responsibility of the landowner to adequately and properly maintain the landscaped areas including watering, clearing of weeds and debris, pruning and trimming.
(2)
Impervious Surface. Not more than 20% of the area of any lot, excluding the ultimate right-of-way and stabilized drives between nursery beds, shall be covered by impervious surfaces. The Board of Supervisors shall determine the driveways and parking areas to be paved and those that may be covered with other impervious materials. Driveways and parking areas used to service retail customers shall be paved.
(3)
Access and Frontage. The property shall have frontage on Route 611, and all ingress to the site and egress from the site shall be provided directly from Route 611.
(4)
Outdoor Display and Storage. No outdoor display of materials for sale shall be permitted within the front yard. Outdoor storage of materials and supplies shall be a minimum of 10 feet to the rear of the garden center building. All heavy equipment, including trucks and tractors, shall be stored in a fully enclosed building.
(5)
No accessory buildings or structures, with the exception of signs, shall be located in the required front yard.
65.
G14 Theater. A building in which films are shown or stage shows are performed. This use does not include open-air, outdoor or drive-in theaters.
66.
G15 Indoor Athletic Club. Indoor athletic facility for court games and fitness club/gym, dance or exercise studio.
A.
An indoor athletic club shall include buildings for indoor court games such as racquetball, handball, squash, tennis, basketball and volleyball, and/or a facility for exercise equipment, exercise or dance classes, or individual physical training equipment.
67.
G16 Amusement Halls and Arcade. An entertainment facility operated as a business within a building or structure providing automatic amusement devices or games, poolrooms or billiard rooms, bowling alleys, axe-throwing venues, indoor miniature golf or similar facilities.
A.
An automatic amusement device or game is defined to be each coin-operated machine, mechanical machine or electronic machine which operates or may be operated as a game or contest of skill or amusement of any kind or description. Such devices shall be governed by this use in any location where more than four such devices are located.
68.
G17 Convenience Store. A retail store offering primarily groceries, prepared food items, and other small consumer items intended for carry-out trade. Where sale of gasoline or fuel is proposed, the use shall be located only in a district where the Use G22, Motor Vehicle Gasoline Station, is permitted and only where the requirements of Use G22 are met, however, the sale of gasoline and fuels for automobiles need not be the principal function of the use.
A.
Minimum lot area: one acre.
B.
The use must have direct access to an arterial street. Access shall be limited to the arterial road.
C.
There shall be only one point of ingress and only one point of egress per collector or arterial street.
D.
No drive-through or drive-up windows are permitted.
E.
Trash receptacles and recycling receptacles shall be provided. If outdoor collection stations are provided for garbage and trash removal, these stations shall be located to the rear of the structure and shall be screened from view and landscaped.
F.
Parking. One off-street parking space for each 100 square feet of gross area used or intended to be used for servicing customers.
G.
The architectural design of the building shall be reflective of the Township's style and heritage and shall be subject to review and approval by the Township.
69.
G18 Laundry. An establishment providing washing, drying or dry-cleaning machines on the premises for rental use to the general public for laundering or dry-cleaning purposes; a clothes cleaning and pressing pickup point, or a clothes laundering or dry-cleaning and pressing establishment. If a drive-through facility is provided, the requirements for Use 14 must be met.
70.
G19 Hotel or Inn. A building or group of buildings for the accommodation of transient guests, containing guest rooms for rent on a daily basis.
A.
Minimum lot size: 10 acres, except in the VC District, where the district lot size shall be required.
B.
Hotels or inns may include accessory restaurant facilities, conference facilities, meeting rooms and tavern facilities.
C.
No guests shall be permitted to stay for a period of longer than 14 consecutive days.
71.
G20 Motor Vehicle Sales. Sale and rental of motor vehicles including automobiles by a new car dealership or used car dealership, trucks, trailers, heavy equipment, cycles, boats and recreation vehicles. Repair work may be conducted as an accessory use.
A.
Minimum lot area: five acres.
B.
All motor vehicle parts, refuse, and similar articles shall be stored within a building or enclosed area.
C.
Vehicles awaiting repair and junk vehicles may not be stored outdoors more than 10 days.
D.
No parking space required by this chapter shall be used for the display of vehicles for sale.
E.
Display areas for motor vehicles as well as customer parking areas shall be set back from the street line a distance of 25 feet.
72.
G21 Large Retail Store. Stores having more than 10,000 square feet of floor area. These standards shall apply to a large retail store on a lot and to a large retail store that is part of a shopping center. No retail store shall exceed 50,000 square feet.
A.
Dimensional Requirements.
Minimum lot area | 5 acres | |
Minimum lot width | 300 feet | |
Minimum yards | ||
Front | 100 feet | |
Sides | 100 feet | |
Rear | 100 feet | |
B.
This use shall be located on an arterial street.
C.
Collection stations shall be provided for garbage and trash removal. If located outside, these stations shall be located to the rear of the structure and shall be screened from view and landscaped in accordance with the requirements of Chapter 22, Subdivision and Land Development.
D.
Building Design. Buildings shall be designed to provide that new development reflects and enhances the visual, historic and cultural character of the Township. Exterior building materials shall be brick, wood, stone, tile, or other high quality materials. No concrete block or tilt-up concrete walls shall be permitted. There shall be no uninterrupted lengths of blank wall longer than 100 feet. Walls shall be differentiated with recesses, windows, facade details, changes in color, or materials. All sides of a building shall be architecturally consistent with the front facade and all building faces visible from the street or abutting properties shall have the same architectural features and style as the front facade.
E.
The use shall be designed to accommodate pedestrian and vehicular traffic safely. Pedestrian circulation shall be provided throughout the site, and pedestrian connections shall be provided to adjacent sidewalks.
F.
The plan shall provide for loading areas for patron use located near the exits of the buildings. Loading spaces shall be 10 feet by 22 feet.
G.
The plan shall provide for shopping cart corrals if shopping carts are to be used. Cart corrals shall be provided in addition to the required parking spaces.
H.
For proposed stores of 40,000 square feet or greater, the following additional conditions must be met:
(1)
The use shall include a public amenity, such as an outdoor plaza, patio seating area, water feature, clock tower, or other amenity that will enhance the character of the area. The scale of the public amenities shall be in proportion to the size of the proposed store.
(2)
As part of the land development agreement for the establishment of large retail store of 40,000 square feet or greater, provisions shall be made for the removal or adaptive reuse of the structure by the applicant should the facility not be used for a period of 12 consecutive months. Financial security shall be required by the Township.
I.
Parking: 5 1/2 parking spaces per 1,000 square feet of gross floor space. Only 50% of required parking spaces may be located between the front facade and the main road frontage. The remainder of the parking shall be distributed on other sides of the building or separated by means of intervening buildings, amenities, or other site features.
J.
Tractor trailers, cargo boxes, or other vehicles or structures meant to be transportable shall not be permitted to be used as accessory buildings or structures for storage. These shall be loaded or unloaded within 48 hours and shall not remain on a lot beyond this period of time.
K.
Loading docks shall be shielded from view and shall not be visible from adjacent residential districts or from public streets.
73.
G22 Motor Vehicle Gasoline Station. An establishment whose principal function is the sale of gasoline and fuels for automobiles. Minor automobile accessories and food and beverage items may also be sold, subject to the limitations of this chapter. Routine automobile service and inspections may be performed and may include lubricating, repairing or otherwise servicing motor vehicles but shall not include painting, body and fender repairs or vehicle sales. This use is distinguished from and does not include an automobile service and repair center where automobile parts and accessories are sold and installed within the facility but where there are no fuel sales. Any use which provides for gasoline or fuel sales directly to retail customers shall be considered to be an automobile gasoline station and shall meet the requirements of this use and shall only be permitted in the zoning districts where this use is permitted. Rental of motor vehicles may be conducted as an accessory use.
A.
Dimensional Requirements.
Minimum lot area | 1 acre |
Minimum lot width along all streets | 250 feet |
Minimum distance between all buildings and structures and any residential district or use | 100 feet |
B.
This use shall be permitted only where there is frontage on an arterial street. Access to this site shall be located at least 200 feet from the intersection of any streets.
C.
All activities except those to be performed at the fuel pump shall be performed in a completely enclosed building.
D.
Fuel pumps and canopies shall be at least 25 feet from any ultimate street right-of-way.
E.
All automobile parts and similar articles shall be stored within a building.
F.
All refuse shall be stored within a building or an enclosed area.
G.
Paint spraying or body and fender work shall not be permitted.
H.
Junk vehicles or unlicensed vehicles may not be stored in the open at any time.
I.
Approval shall be secured from the State Police Fire Marshal for the storage of fuel.
J.
A service station may contain only three of the following five types of activities: fuel pumps; convenience commercial, which is sale of convenience food and beverage items; service bays; car wash; or motor vehicle rental. Convenience commercial shall be limited to 7,500 square feet of floor area.
74.
G23 Automotive Service Center/Repair Shop. An establishment where automobile parts and accessories are sold and facilities where parts may be installed; an automobile repair garage, including paint spraying and bodywork. Rental of motor vehicles may be conducted as an accessory use. The following requirements shall be met:
A.
All repair, installation of parts, and paint work shall be performed within an enclosed building.
B.
All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties.
C.
No vehicles shall be stored in the open awaiting repairs for a period exceed 14 consecutive days.
D.
All vehicle storage areas shall be screened from all adjacent roads and properties by a solid fence or compact hedge at least eight feet in height.
E.
Dimensional Requirements.
Minimum lot area | 2 acres |
Minimum lot width along all streets | 200 feet |
Minimum distance between all buildings and structures and any residential district or use | 100 feet |
F.
No sale of fuel to retail customers is permitted. There shall be no fuel pumps.
G.
Junk vehicles or unlicensed vehicles may not be stored in the open at any time.
H.
This use is permitted only on lots with frontage on an arterial road.
I.
Parking. One off-street parking space for every 200 square feet of gross floor area devoted to retail activities, plus four off-street parking spaces for each service bay, plus one space for each employee, and plus one space for each motor vehicle available for rental. Spaces within service bays shall not be used to meet off-street parking requirements.
76.
G25 Shopping Center. A development that is planned and designed as a complex of related structures and circulation patterns.
A.
Dimensional and Area Requirements for the Site.
Minimum lot area | 12.5 acres |
Maximum building coverage | 25% |
Maximum impervious surface coverage | 60% |
B.
Uses Permitted in Shopping Center.
(1)
Medical office.
(2)
Office.
(3)
Retail store.
(4)
Large retail store.
(5)
Service business.
(6)
Financial establishment.
(7)
Eating place.
(8)
Convenience store.
(9)
Repair shop.
(10)
Theater.
(11)
Indoor athletic club.
(12)
Public transportation terminal.
(13)
Tavern or bar.
(14)
Eating place with drive-through service.
C.
Building Placement. No building or permanent structure, other than a permitted sign, shall be erected within 50 feet of a street line, or within 100 feet of any other property line. Maximum setback from the front lot line shall be 200 feet.
D.
No parking, loading, or service area shall be located less than 50 feet from any property line. Only 50% of required parking spaces shall be located between the front facade and the main road frontage. The remainder of the parking shall be distributed on other sides of the building or separated by means of intervening buildings, amenities, or other site features.
E.
Parking, loading or service areas shall not be permitted within the required bufferyards.
F.
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping. Where building pads are proposed, which are not connected to the main structure of the shopping center, these shall be shown on the overall plan and shall be integrated with the shopping center so that pedestrians can walk safely to individual buildings without being endangered by vehicular traffic. All structures in a shopping center shall be connected either as part of one large structure or by means of pedestrian ways or walkways on which pedestrians can move from one building to another.
G.
Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted.
77.
G26 Miniwarehouse. Warehouse/storage units provided for lease to the general public for the purpose of storage of articles commonly associated with residential properties.
A.
Area and Dimensional Requirements.
Minimum site area | 10 acres | |
Maximum building coverage | 15% | |
Maximum impervious surface coverage | 35% | |
Minimum setbacks: | ||
From street lines | 75 feet | |
From other lot lines | 100 feet | |
Maximum size of any storage unit | 600 square feet | |
Maximum size of any structure | 6,000 square feet | |
Minimum aisle width between buildings | 26 feet | |
B.
The storage facilities complex shall be surrounded by a fence at least eight feet in height of a type approved by the Township but shall not be a chain-link-type fence.
C.
Outdoor storage of automobiles, boats and recreation vehicles is permitted if they are within the fenced area and if this area is not visible from any public street or from any other lot. The parked vehicles shall not interfere with traffic movement through the complex and shall not be located within any required yards or setbacks. In addition to other buffer requirements, any parked vehicles stored outdoors shall be screened so as not to be visible from any adjacent streets or properties. The exterior of the required fence shall be buffered with a screen planting of evergreens and shrubs.
D.
One office and dwelling unit is permitted as an accessory use to provide for a full-time caretaker.
E.
Facility Design. The storage facility shall be designed to resemble a traditional rural building such as a barn, carriage shed, carriage house, etc. Colors shall be limited to earth tones, and the design of the building must be approved by the Township.
78.
G27 Dwelling in Combination with a Business.
A.
A dwelling in combination may be used as an accessory use with an institutional, commercial, consumer service or office use that is permitted within the applicable district.
B.
All sewage facilities must be approved by the Bucks County Department of Health or the sewer authority servicing the facility prior to issuance of a zoning permit.
79.
G28 Wireless Communications Facilities.
A.
Short Title. This subsection shall be known as the "Plumstead Township Wireless Communications Facilities Ordinance."
B.
Purposes and Findings of Fact.
(1)
The purpose of this subsection is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Plumstead Township. While the municipality recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the municipality also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
(2)
By enacting this subsection, the municipality intends to:
(a)
Regulate the placement, construction and modification of wireless communication facilities to protect the safety and welfare of the public;
(b)
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both municipality residents and wireless carriers in accordance with federal and state laws and regulations;
(c)
Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower based and non-tower-based wireless communications facilities in the municipality, including facilities both inside and outside the public rights-of-way;
(d)
Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications facilities;
(e)
Encourage the co-location of wireless communications facilities on existing wireless support structures rather than the construction of new tower based wireless structures;
(f)
Protect municipality residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape;
(g)
Ensure that wireless communications facilities will be removed in the event that such wireless support structures are abandoned or become obsolete and are no longer necessary; and
(h)
Update the municipality's wireless facilities regulations to incorporate changes in federal and state laws and regulations.
D.
Regulations Applicable to All Tower Based Wireless Communications Facilities.
(1)
The following regulations shall apply to all tower based wireless communications facilities:
(a)
Procedures.
1)
Any applicant proposing construction of a new tower based WCF shall submit plans to the municipality for review by the Plumstead Township Zoning Officer and for approval by the Plumstead Board of Supervisors in accordance with the requirements of Chapter 27, Part 28, § 27-2807, Conditional Uses; Applicability, and § 27-2808, Conditional Use Standards.
2)
The applicant shall prove that it is licensed by the FCC to operate a tower based WCF and that the proposed tower based WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(b)
Development Regulations. Tower based wireless communications facilities shall be developed in accordance with the following requirements:
1)
Permitted Subject to Regulations. Any tower based WCF that is either not mounted on any existing structure or is more than 25 feet higher than the structure on which it is mounted is permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality. The Board of Supervisors may grant a conditional use in accordance with the requirements of Chapter 27, Part 28, § 27-2807, Conditional Uses; Applicability, and § 27-2808, Conditional Use Standards.
a)
Siting. Tower based WCF shall only be permitted in the following wireless communication facilities overlay zones by conditional use, subject to the requirements and prohibitions of § 27-304, Subsection 79:
(i)
The strip of land 400 feet in width, measured from the right-of-way line of North Easton Road and also including the strip of land 400 feet in width, measured from the right-of-way line of State Route 611.
(ii)
The strip of land 400 feet in width, measured from the right-of-way line of Swamp Road (S.R. 313).
(iii)
The LI Light Industrial District.
b)
Coverage and Capacity. An applicant for a tower based WCF must demonstrate that a gap in wireless coverage and capacity exists and that the type of WCF and siting being proposed is the least intrusive means by which to fill the gap in wireless coverage and capacity. The existence or nonexistence of a gap in wireless coverage shall be a factor in the municipality's decision on an application for approval of tower based WCFs.
c)
Co-location. An applicant for a tower based WCF must demonstrate there is not suitable space on existing wireless service facilities or other wireless service facility sites or on other sufficient tall structure where the intended wireless service facility can be accommodated and function as required by its construction permit or license without unreasonable modification.
d)
Site Plan. An applicant for a tower based WCF must submit a full site plan to the Plumstead Township Zoning Officer which shall include:
(i)
Written authorization from the property owner of the proposed tower based WCF site.
(ii)
A site plan that is drawn to scale and shows the following features: property boundaries; any tower guy wire anchors and other apparatus; existing and proposed structures; scaled elevation view; access road(s) location and surface material; parking area; fences; location and content of any signs or warning signs; exterior lighting specifications; landscaping plan; land elevation contours; existing land uses surrounding the site; proposed transmission building and/or other accessory uses with details; elevations; and proposed use(s).
(iii)
A written report, including information describing the tower height and design; a cross section of the structure; engineering specifications detailing construction of tower, base and guy wire anchorage; information describing the proposed painting and lighting schemes; information describing the tower's capacity, including the number and type of antennas that it can accommodate; radio frequency coverage, including scatter plot analysis and the input parameters for the scatter plot analysis; all tower structure information to be certified by a registered professional engineer (PE) licensed by the Commonwealth of Pennsylvania; and wireless telecommunication data to be certified by an appropriate wireless telecommunication professional.
(iv)
All other uses ancillary to the tower based WCF and associated equipment (including a business office, maintenance depot, vehicle storage, etc.), are prohibited from the tower based WCF site unless otherwise permitted in the zoning district in which the tower based WCF site is located.
(v)
Where the tower based WCF is located on a property with another principal use, the applicant shall present documentation that the owner of the property has granted an easement for the proposed facility and that vehicular access is provided to the facility.
(vi)
The need for additional bufferyard treatments shall be evaluated.
2)
Underground District. A tower based WCF shall not be located in, or within 100 feet of, an area in which utilities are required to be located underground.
3)
Prohibited in Open Space and Conservation Districts. Tower based WCFs shall not be located within an open space or conservation district or within 500 feet of a lot in open space or conservation use or an open space or conservation district boundary.
4)
Prohibited in Wetlands and Known Bird Concentration Areas. No tower based WCF shall be located in or within 500 feet of wetlands, other known bird concentration areas (i.e., state or federal refuges, staging areas, rookeries), in known migratory or daily movement byways, or in the habitat of threatened or endangered species.
5)
Sole Use on a Lot. A tower based WCF is permitted as a sole use on a lot subject to the minimum lot area and yards complying with the requirements for the applicable zoning district.
6)
Prohibited in Residential Districts. No tower based WCF shall be located within a residential district or within 200 feet of a lot in residential use or a residential district boundary.
7)
Combined with Another Use. A tower based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:
a)
Existing Use. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.
b)
Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower based WCF and guy wires, the equipment building, security fence, and buffer planting.
c)
Minimum Setbacks. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure and any property line or right-of-way line shall be the largest of the following:
(c)
Timing of Approval. All applications for tower based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower based WCF, including an application fee in an amount specified by the Wireless Fee Schedule.[11] If the municipality receives an application for a tower based WCF and such application is not fully completed, then the municipality shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the municipality.
[11]
Editor's Note: The Wireless Fee Schedule is on file in the Township offices.
(d)
Notice. No later than 30 days following the submission of an application for a tower based WCF and the scheduling of the public hearing (if required), the applicant shall mail notice to all owners of every property within a 500-foot radius of the proposed wireless communications facility. The applicant shall provide proof of mailing of the notification to the municipality within 15 days of completion.
(e)
Co-location.
1)
An application for a new tower based WCF shall not be approved unless the municipality finds that the wireless communications equipment planned for the proposed tower based WCF cannot be accommodated on an existing or approved structure or building.
2)
Any applicant proposing construction of a new tower based WCF outside the rights-of-way shall demonstrate to the satisfaction of the municipality, by written submission, that a good faith effort has been made to obtain permission to mount the tower based WCF antenna on an existing building or structure. The municipality may deny any application to construct a new tower if the applicant has not made a good faith effort to co-locate the antenna on an existing structure. A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed tower based WCF site be contacted and that the applicant certifies in writing to the Plumstead Township Zoning Officer that one or more of the following reasons for not selecting such structure apply:
a)
The proposed WCF and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at reasonable cost;
b)
The proposed WCF and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at reasonable cost;
c)
Such existing structure does not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function; and/or
d)
A commercially reasonable agreement cannot be reached with the owner(s) of such structure.
(f)
Standard of Care. Any tower based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the Communications Infrastructure Contractors Association (formerly, National Association of Tower Erectors). Any tower based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the municipality.
(g)
Wind and Ice. Any tower based WCF structures shall be designed to withstand the effects of wind and ice according to the standard designed by the American National Standards Institute, as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(h)
Height. Any tower based WCF shall be designed at the minimum functional height. All tower based WCF applicants must submit documentation to the municipality justifying the total height of the structure. In no case shall a WCF exceed a maximum height of 200 feet.
(i)
Public Safety Communications. No tower based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(j)
Maintenance. The following maintenance requirements shall apply:
1)
Any tower based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
2)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the municipality's residents.
3)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
4)
The municipality reserves the authority to require the repainting of all tower based facilities where the painting of such facilities is not regularly maintained.
(k)
Radio Frequency Emissions. No tower based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such tower based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the municipal Secretary on an annual basis. A tower based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The municipality reserves the authority to revoke the permit of any tower based WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.
(l)
Historic Buildings and Districts. No tower based WCF may be located in or within 100 feet of any historic district, property, building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality.
(m)
Signs. All tower based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.
(n)
Lighting. Tower based WCF shall not be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(o)
Noise. Tower based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Plumstead Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(p)
Aviation Safety. Tower based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(q)
Inspection Report Requirements. No later than December 1 of each odd-numbered year, the owner of the tower based WCF shall have said tower based WCF structure inspected by a Pennsylvania-licensed-and-registered professional engineer (PE) who is regularly involved in the maintenance, inspection, and/or erection of tower based WCFs. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of said inspection report and certification of continued use shall be provided to the municipality no later than March 1 following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the tower based WCF structure shall again be inspected in accordance with the parameters and requirements described herein.
(r)
Retention of Experts. The municipality may hire any consultant(s) and/or expert(s) necessary to assist the municipality in reviewing and evaluating the application for approval of the tower based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this subsection. The applicant and/or owner of the WCF shall reimburse the municipality for all costs of the municipality's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(s)
Nonconforming Uses. Nonconforming tower based WCFs, which are hereafter damaged or destroyed due to any reason or cause, may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this subsection.
(t)
Removal. In the event that use of a tower based WCF is planned to be discontinued, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
1)
All unused or abandoned tower based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the municipality.
2)
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and accessory facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF.
3)
Any unused portions of tower based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The municipality must approve all replacements of portions of a tower based WCF previously removed.
(u)
Public Rights-of-Way. No tower based wireless communications facility shall be located, in whole or in part, within the public rights-of-way.
(v)
Eligible Facilities Request.
1)
Applicants proposing a modification to an existing tower based WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the municipality.
2)
In order to be considered for such permit, the tower based WCF applicant must submit a building permit application to the municipality in accordance with applicable permit policies and procedures.
(w)
Design Regulations.
1)
Any height extensions to an existing tower based WCF shall require prior approval of the municipality. The municipality reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the municipality.
2)
The tower based WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the municipality.
3)
Any proposed tower based WCF shall be designed structurally, electrically, and in all respects to accommodate both the tower based WCF applicant's antennas and comparable antennas for future users.
4)
All utilities that are extended to the site of the tower based WCF shall be placed underground.
(x)
Surrounding Environs.
1)
The tower based WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the tower based WCF structure shall be preserved to the maximum extent possible.
2)
The tower based WCF applicant shall submit a soil report to the municipality complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower based WCF, and anchors for guy wires, if used.
(y)
Fence/Screen.
1)
A security fence having a maximum height of 10 feet, and a minimum height of eight feet, shall completely surround any tower based WCF, guy wires, or any building housing WCF equipment.
2)
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
3)
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(z)
Accessory Equipment.
1)
Ground-mounted equipment associated to, or connected with, a tower based WCF shall be underground or screened from public view using stealth technologies, as described above.
2)
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(aa)
Additional Antennas. As a condition of approval for all tower based WCFs, the WCF applicant shall provide the municipality with a written commitment that it will allow other service providers to co-locate antennas on tower based WCFs where technically and commercially reasonable. The owner of a tower based WCF shall not install any additional antennas without obtaining the prior written approval of the municipality.
(bb)
Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the municipality that the property owner has granted an easement for the proposed facility. The easement shall be a minimum of 20 feet in width and the access shall be improved to a width of at least 10 feet with a dust-free, all-weather surface throughout its entire length.
(cc)
Bond. Prior to the issuance of a permit, the owner of a tower based WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond or other form of security acceptable to the Township Solicitor, in an amount of $75,000, to assure the faithful performance of the terms and conditions of this subsection. The bond shall provide that the municipality may recover from the principal and surety any and all compensatory damages incurred by the municipality for violations of this subsection, after reasonable notice and opportunity to cure. The owner shall file the bond with the municipality and maintain the bond for the life of the respective facility.
(dd)
Visual or Land Use Impact. The municipality reserves the right to deny an application for the construction or placement of any tower based WCF based upon visual and/or land use impact.
(ee)
Graffiti. Any graffiti on the tower based WCF, including wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.
(ff)
Inspection by Municipality. The municipality reserves the right to inspect any tower based WCF to ensure compliance with the provisions of this subsection and any other provisions found within the Plumstead Township Code or state or federal law. The municipality and/or its agents shall have the authority to enter the property upon which a tower based WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
E.
Regulations Applicable to All Nontower Wireless Facilities.
(1)
The following regulations shall apply to all nontower wireless communications facilities:
(a)
Procedures.
1)
Any applicant proposing a nontower WCF to be mounted on a building or any other structure shall submit detailed construction and elevation drawings to the municipality indicating how the nontower WCF will be mounted on the structure, for review by the Plumstead Township Zoning Officer and for approval by the Plumstead Township Board of Supervisors, as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality.
2)
The applicant shall prove that it is licensed by the FCC to operate a nontower WCF and that the proposed nontower WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(b)
Development Regulations. Nontower wireless communications facilities shall be co-located on existing structures, such as existing buildings or wireless support structures, subject to the following conditions:
1)
Permitted Subject to Regulations. Subject to the restrictions and conditions prescribed herein, nontower WCFs are permitted in certain zoning districts as a conditional use upon review by the Plumstead Township Zoning Officer and approval by the Board of Supervisors, in accordance with the requirements of Chapter 27, Part 28, § 27-2807, Conditional Uses; Applicability, and § 27-2808, Conditional Use Standards.
a)
Siting. Nontower WCF are permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of § 27-304, Subsection 79, provided that the nontower WCF is attached to a wireless support structure existing as of January 6, 2014:
RP Resource Protection District |
RO Rural Residential District |
R-1 Rural Residential District |
R-2 Residential District |
R-3 Residential District |
R-4 Residential District |
R-5 Residential District |
MHP Mobile Home Park District |
VR Village Residential District |
VC Village Center District |
C-1 Neighborhood Commercial District |
C-2 Highway Commercial District |
C-3 Planned Shopping Center District |
LI Light Industrial District |
Q Quarry District |
2)
Height. Any nontower WCF shall not exceed the maximum height permitted in the applicable zoning district.
3)
Equipment Building. If the nontower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
4)
Fencing. A security fence with a maximum height of 10 feet, and a minimum height of eight feet, shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(c)
Eligible Facilities Request.
1)
Applicants proposing a modification to an existing nontower WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a zoning permit from the municipality.
2)
In order to be considered for such permit, the nontower WCF applicant must submit a zoning permit application to the Plumstead Township Zoning Officer in accordance with applicable permit policies and procedures enumerated in Chapter 27, Part 28, § 27-2803, Application Requirements for Zoning Permits.
(d)
Visual or Land Use Impact. The municipality reserves the right to deny an application for the construction or placement of any nontower WCF based upon visual and/or land use impact.
(e)
Historic Buildings and Districts. No nontower WCF may be located on or within 100 feet of any historic district, property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality.
(f)
Prohibited in Conservation Districts. Nontower WCFs shall not be located within a conservation district or within 500 feet of a lot in conservation use or conservation district boundary.
(g)
Timing of Approval. All applications for nontower WCFs shall be acted upon by the municipality within 90 days of the receipt of a fully completed application for the approval of such WCF, including an application fee in an amount specified by the Wireless Fee Schedule.[12] If the municipality receives an application for a nontower WCF and such application is not fully completed, then the municipality shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the municipality.
[12]
Editor's Note: The Wireless Fee Schedule is on file in the Township offices.
(h)
Retention of Experts. The municipality may hire any consultant(s) and/or expert(s) necessary to assist the municipality in reviewing and evaluating the application for approval of the nontower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this subsection. The applicant and/or owner of the nontower WCF shall reimburse the municipality for all costs of the municipality's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(i)
Bond. Prior to the issuance of a permit, the owner of a nontower WCF shall, at its own cost and expense, obtain from a surety licensed to do business in Pennsylvania and maintain a bond, or other form of security acceptable to the Plumstead Township Solicitor, in an amount of $25,000 to assure the faithful performance of the terms and conditions of this subsection. The bond shall provide that the municipality may recover from the principal and surety any and all compensatory damages incurred by the municipality for violations of this subsection, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the municipality and maintain the bond for the life of the respective facility.
(j)
Design Regulations.
1)
Nontower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the municipality.
2)
Nontower WCFs, which are mounted to a building or similar structure, may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the nontower WCF applicant obtains a variance.
3)
All nontower WCF applicants must submit documentation to the municipality justifying the total height of the nontower support structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
4)
Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.
(k)
Standard of Care. Any nontower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the municipality.
(l)
Wind. Any nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).
(m)
Public Safety Communications. No nontower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(n)
Radio Frequency Emissions. No nontower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such nontower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the municipal Secretary on an annual basis. A nontower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The municipality reserves the authority to revoke the permit of any nontower WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.
(o)
Aviation Safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(p)
Inspection Report Requirements. No later than December 1 of each odd-numbered year, the owner of the nontower WCF shall have said nontower WCF inspected by a Pennsylvania-licensed-and-registered professional engineer (PE) who is regularly involved in the maintenance, inspection, and/or modification of nontower WCFs. A copy of said inspection report and certification of continued use shall be provided to the office of the Plumstead Township Building Inspector no later than March 1 following the inspection. Any repairs advised by the report shall be effected by the owner no later than 60 calendar days after the report is filed with the municipality. No later than 30 calendar days upon completion of aforesaid repairs, the nontower WCF shall again be inspected in accordance with the parameters and requirements described herein.
(q)
Maintenance. The following maintenance requirements shall apply:
1)
The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
2)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the municipality's residents.
3)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(r)
Upgrade; Replacement; Modification.
1)
The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading, replacing, modifying, or repairing the nontower WCF is permitted, so long as such upgrade, replacement, modification, or repair does not increase the overall size of the nontower WCF or the number of antennas.
2)
Any material modification to a nontower WCF shall require a prior amendment to the original permit or authorization.
(s)
Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the municipality of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
1)
All abandoned or unused nontower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the municipality.
2)
If the nontower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the municipality, the WCF and/or associated facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF.
(t)
Graffiti. Any graffiti on the nontower WCF, including wireless support structure or on any communications equipment or accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.
(u)
Inspection by Municipality. The municipality reserves the right to inspect any nontower WCF to ensure compliance with the provisions of this subsection and any other provisions found within the Plumstead Township Code or state or federal law. The municipality and/or its agents shall have the authority to enter the property upon which a nontower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
F.
Regulations Applicable to All Small Wireless Communications Facilities.
(1)
The following regulations shall apply to small wireless communications facilities:
(a)
Development Regulations.
1)
Small WCF are permitted by administrative approval from the Plumstead Township Zoning Officer in all zoning districts, subject to the requirements of this section and generally applicable permitting as required by the Plumstead Township Code.
2)
Small WCF located within districts that require utilities to be located underground shall be co-located on existing or replacement wireless support structures. No new wireless support structure may be installed for the purpose of supporting a small WCF within districts that require utilities to be located underground.
3)
Small WCF in the public ROW requiring the installation of a new wireless support structure shall not be located directly in front of any building entrance or exit.
(b)
Procedures.
1)
Any applicant proposing a small WCF shall submit an application to the office of the Plumstead Township Zoning Officer for review by the municipality.
2)
The applicant shall prove that it is licensed by the FCC to operate a small WCF and that the proposed small WCF complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(c)
Timing of Approval.
1)
Within 10 calendar days of the date that an application for a small WCF is filed with the Plumstead Township Zoning Officer, the municipality shall notify the WCF applicant in writing if an application is incomplete and shall advise the WCF applicant of any information that may be required to complete such application.
2)
Within 60 days of receipt of a completed application for co-location of a small WCF on a preexisting wireless support structure, the Plumstead Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
3)
Within 90 days of receipt of a completed application for a small WCF requiring the installation of a new wireless support structure, the Plumstead Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
(d)
Eligible Facilities Request.
1)
Small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be required only to obtain a building permit from the municipality.
2)
In order to be considered for such permit, the small WCF applicant must submit a building permit application to the municipality in accordance with applicable permit policies and procedures.
3)
The timing of approval for small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be as follows:
a)
Within 30 calendar days of the date that an application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure is filed with the Plumstead Township Zoning Officer, the municipality shall notify the applicant in writing if the application is incomplete and shall advise of any information that may be required to complete such application.
b)
An application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure shall be deemed complete when all documents, information and fees specifically enumerated in the municipality's regulations, ordinances and forms pertaining to the location, modification or operation of wireless telecommunication facilities are submitted by the applicant to the municipality. In case of incompleteness of the application, the municipality shall promptly notify the applicant that the application is not complete and the time for the approval of such application shall not commence until a fully completed application is received by the municipality.
c)
Within 60 days of receipt of an application a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure, the Plumstead Township Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
(e)
Nonconforming Wireless Support Structures. Small WCF shall be permitted to co-locate upon nonconforming tower based WCF and other nonconforming structures. Co-location of WCF upon existing tower based WCF is encouraged even if the tower based WCF is nonconforming as to use within a zoning district.
(f)
Application Fees. The municipality may assess appropriate and reasonable application fees directly related to the municipality's actual costs in reviewing and processing the application for approval of a WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the Wireless Fee Schedule.[14]
[14]
Editor's Note: The Wireless Fee Schedule is on file in the Township offices.
(g)
Standard of Care. Any small WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Pennsylvania UCC,[15] or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the municipality.
[15]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
(h)
Historic Buildings and Districts. No small WCF may be located on or within 100 feet of any historic district, property, building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures list maintained by the municipality.
(i)
Wind and Ice. All small WCF shall be designed to withstand the effects of wind gusts and ice to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended), or to the industry standard applicable to the structure.
(j)
Radio Frequency Emissions. A small WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the municipal Secretary on an annual basis. A small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC shall be considered an emergency. The municipality reserves the authority to revoke the permit of any small WCF generating radio frequency emissions in excess of the standards and regulations of the FCC.
(k)
Time, Place and Manner. The municipality shall determine the time, place and manner of construction, maintenance, repair and/or removal of all small WCF in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
(l)
Accessory Equipment. Small WCF and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the municipality.
(m)
Graffiti. Any graffiti on the small WCF, including wireless support structure or on any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.
(n)
Design Standards. All small WCF in the municipality shall comply with the requirements of the Plumstead Township Small Wireless Communications Facility Design Manual, a copy of which is on file with the municipality.
(o)
Co-location. An application for a small WCF with a new wireless support structure in the public rights-of-way shall not be approved unless the municipality finds that the proposed small WCF cannot be accommodated on an existing structure, such as a utility pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing towers and other suitable wireless support structures within a 1/4 mile radius from the point of the proposed small WCF, unless the applicant can show to the satisfaction of the municipality that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable wireless support structure cannot be utilized.
(p)
Relocation or Removal of Facilities. Within 90 days following written notice from the municipality, or such longer period as the municipality determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the municipality, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
1)
The construction, repair, maintenance or installation of any municipality or other public improvement in the right-of-way;
2)
The operations of the municipality or other governmental entity in the right-of-way;
3)
Vacation of a street or road or the release of a utility easement; or
4)
An emergency as determined by the municipality.
(q)
Reimbursement for ROW Use. In addition to permit fees as described in this section, every small WCF in the ROW is subject to the municipality's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the municipality's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the municipality. The owner of each small WCF shall pay an annual fee to the municipality, in an amount specified by the Wireless Fee Schedule,[16] to compensate the municipality for the municipality's costs incurred in connection with the activities described above. Such fees shall comply with the applicable requirements of the Federal Communications Commission.
[16]
Editor's Note: The Wireless Fee Schedule is on file in the Township offices.
G.
Violations Applicable to All Wireless Facilities.
(1)
Violations and Penalties. Any person violating any provision of this subsection shall be subject, upon finding by a Magisterial District Judge, to a penalty not exceeding $500, for each and every offense, together with attorneys' fees and costs. A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this subsection and any other remedy at law or in equity, the municipality may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this subsection.
(2)
Determination of Violation. In the event a determination is made that a person has violated any provision of this subsection, such person shall be provided written notice of the determination and the reasons therefore. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the municipality may, in its reasonable judgment, extend the time period to cure, provided the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the municipality may take any and all actions authorized by this subsection and/or federal and/or Pennsylvania law and regulations.
H.
Insurance and Indemnification of Wireless Facilities.
(1)
Insurance. Each person that owns or operates a wireless communications facility is required to purchase and maintain general liability insurance and property damage insurance, as specified herein:
(a)
Each person that owns or operates a tower based WCF shall provide the municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower based WCF.
(b)
Each person that owns or operates a nontower WCF shall annually provide the municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WCF.
(c)
Each person that owns or operates a small WCF shall annually provide the municipality with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the small WCF.
(2)
Indemnification. Each person that owns or operates a tower based WCF, a nontower WCF, or a small WCF shall, at their sole cost and expense, indemnify, defend and hold harmless the municipality, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of each of its WCF. Each person that owns or operates a tower based WCF, a nontower WCF, or a small WCF shall defend any actions or proceedings against the municipality in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of each of the WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs, and all other costs of indemnification.
I.
Miscellaneous.
(1)
Police Powers. The municipality, by granting any permit or taking any other action pursuant to this subsection, does not waive, reduce, lessen or impair the lawful police powers vested in the municipality under applicable federal, state and local laws and regulations.
(2)
Severability. If any section, subsection, sentence, clause, phrase or word of this subsection is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this subsection invalid.
(3)
When Effective. This subsection shall become effective five days after enactment by the Plumstead Township Board of Supervisors.
80.
G29 Motor Vehicle Rental. An establishment whose only function is the rental of motor vehicles. This use is distinguished from and does not include a motor vehicle gasoline station or an automotive service center/repair shop.
A.
Dimensional Requirements.
Minimum lot area | 1 acre |
Minimum lot width along all streets | 250 feet |
Minimum distance between all buildings and structures and any residential district or use | 100 feet |
B.
This use shall be permitted only where there is frontage on an arterial street. Access to this site shall be located at least 200 feet from the intersection of any streets.
C.
All refuse shall be stored within a building or an enclosed area.
D.
Paint spraying or bodywork and fender work, as well as gasoline or fuel sales are prohibited.
E.
Junk vehicles or unlicensed vehicles may not be stored in the open at any time.
F.
Parking. One off-street parking space for every 200 square feet of gross floor area devoted to rental of motor vehicles, plus one space for each employee, and plus one space for each motor vehicle available for rental.
81.
H1 Manufacturing. A use engaged in the manufacture, from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, packaging, incidental storage, and wholesale distribution of such products, but excluding basic industrial processing and excluding transfer or processing of solid waste. Manufacturing shall include a medical marijuana grower or producer. Basic industrial processing involves the processing or manufacture of materials or products predominately from extracted or raw materials, a use engaged in storage or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or other conditions that would not comply with the standards of this chapter.
82.
H2 Research. Research, testing or experimental laboratory; an establishment for carrying on investigation in the natural, physical, or social sciences or engineering and development as an extension of research including an academic clinical research center.
83.
H3 Warehousing and Distribution. Warehousing and distribution with no retail sales.
84.
H4 Contracting. Contractor offices and shops such as building, cement, electrical, heating, masonry, painting, plumbing, carpentry, landscaping, and roofing.
85.
H5 Truck Terminal. A use of land or structures for the storage of trucks and/or the transfer of freight from one truck to another, except that this use does not include the transfer of solid waste.
86.
H6 Crafts. Upholstery, cabinetmaking, furniture making, locksmith, gunsmith, and similar crafts.
87.
H7 Lumberyard or Home Improvement Center. Lumberyard where lumber products are sold and/or processed. This principal use may be combined with a planing mill.
A.
A home improvement center shall meet the requirements for Use G21, Large Retail Store.
88.
H8 Fuel Storage and Distribution. Storage and distribution of fuel oil or coal.
89.
H9 Junkyard or Auto Salvage Yard. An area of land, with or without buildings, used for the storage, outside of a completely enclosed building, of used or discarded materials, including but not limited to waste paper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use of disposition of the same. The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall only be stored in a licensed junkyard.
A.
No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other natural causes.
B.
All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
C.
The land area used for junkyard purposes shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.
D.
A junkyard shall be entirely enclosed by a solid fence or wall, at least eight feet but no more than 10 feet high, constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. The fence or wall shall be situated no closer to any street or property line than 50 feet. Such fence or wall shall be kept in good repair and neatly painted in a uniform color.
E.
The contents of a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
F.
Between the fence or wall and the street or property line, buffer plantings shall be placed that are either:
(1)
One deciduous tree (2.5 inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one evergreen tree (six-foot minimum height) at an average of one tree per 20 lineal feet of buffer.
(2)
One deciduous tree (2.5 inch caliper minimum) at an average of one tree per 40 lineal feet of buffer plus one deciduous shrub (three-foot minimum height) per four lineal feet of buffer. Shrubs shall be privet, forsythia or viburnum species.
G.
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures or other means.
H.
No explosive, toxic, radioactive or highly flammable materials shall be kept on the property.
I.
No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregating of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles of at least 15 feet for escape and firefighting and by other necessary measures.
J.
All vehicles must be drained of all liquids before they are placed in the junkyard. An impervious base, free of cracks and sufficiently large for draining liquids from all vehicles, shall be provided. The base should be sloped to drain to a sump or holding tank and liquid shall be removed from the site as often as is necessary to prevent overflow of the system. Curbing around the pad must be able to retain runoff from a 100-year, twenty-four-hour storm. All hazardous liquids shall be properly disposed of according to the Department of Environmental Protection's rules and regulations.
K.
A zoning permit shall be obtained on an annual basis.
90.
H10 Extractive Operations. Extractive operations for minerals, defined as any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to limestone, dolomite, sand and gravel, rock, stone, earth, slag, iron ore, zinc ore, vermiculite, clay, coal, peat, crude oil, and natural gas.
A.
Except where a railroad is a property boundary line, there shall be a berm of a minimum height of 15 feet and maximum height of 50 feet surrounding the entire property site. The slope of the sides of the berm shall not exceed a 1:1 ratio. Berms shall be planted and dusted, and erosion control measures shall be taken as may be approved by the U.S. Natural Resources Conservation Service. Berms shall begin at a point no closer to a street than the ultimate right-of-way line. No berms shall be constructed closer than 25 feet to a district in which extractive operations are not permitted. Planting of the berms and yard areas shall be sufficient to screen the extractive operation. Both planting and berm construction shall be according to a plan approved by the Board of Supervisors which shall include a reasonable timetable for completion. Such planting shall consist of evergreens of such species and size as will produce, within three years, a complete, all-season visual screen of at least eight feet in height.
B.
A chain-link-type fence at least eight feet in height, surmounted by three strands of barbed wire, shall be required within the setback area at a point no closer than the ultimate right-of-way line to be maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 100 feet.
C.
An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and procession areas. Access shall be regulated in accordance with Chapter 22, Subdivision and Land Development, of the Township Code.
D.
No slope shall be maintained exceeding the normal limiting angle of slippage of the material in which the excavation or extraction is being made. No undercutting shall be permitted within the setback area. No part of the front yard may be sloped or cut in any fashion. The side and rear yard setbacks may be sloped beginning at a point no closer than 50 feet from any boundary line to a point 125 feet from said boundary line. The slope shall not exceed a 3:1 slope and shall be reclaimed by seeding and planting in accordance with a plan and timetable approved by the Board of Supervisors.
E.
All operations shall be conducted with sufficient lateral support to be safe with respect to hazards to persons; physical damage to adjacent lands or improvements; and damage to any street, sidewalk, parking area or utility by reason of slide, sinking or collapse.
F.
Stockpiles shall not be visible from any property line and shall not be located within the setbacks provided for in this chapter. No materials or waste deposited upon any stockpile may be washed, blown or otherwise transferred off the site by normal causes or forces. Berms, buffers and screening shall be provided to prevent this.
G.
All drainage from the site of extractive operations shall be controlled by dikes, barriers or drainage structures sufficient to prevent any silt, debris or other loose materials from filling any existing drainage course or encroaching on streets or adjacent property, or entering into any stream, pond, well, subterranean stream or other body of water. The Township's stormwater management requirements shall be met.
H.
No ground vibration caused by blasting or use of equipment or machinery shall exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S. §§ 164 to 168, and the rules and regulations adopted thereunder, with the exception that no blasting shall cause a peak particle velocity greater than one inch per second, measured at the property line.
I.
All off-street parking spaces shall be provided as the Township and Planning Commission shall determine as adequate to serve customers, employees, visitors and vehicles normally parked on the premises. No parking shall be permitted in the front, side or rear yards, except parking shall be permitted behind any berm.
J.
Any application for a zoning permit or an annual renewal permit as hereinafter provided shall be accompanied by plans and other information to satisfy the criteria set forth above and, in addition, shall depict:
(1)
Plan of general area within a one-mile radius of the site at scale of 500 feet or less to the inch with a fifty-foot or less contour interval to show:
(2)
Plan of proposed site at a scale of 100 feet or less to the inch with a 10 foot or less contour interval to show:
(a)
Basic data.
(b)
Soils, geology, groundwater data and watercourses.
(c)
Vegetation, with dominant species.
(d)
Wind data: directions and percentage of time.
(e)
Proposed usage.
(f)
Final grading by contours.
(g)
Interior road pattern, its relation to operation yard and points of ingress and egress to state and Township roads.
(h)
Location and estimated amount and description of aggregate and overburden to be removed and stored on site.
(i)
Location of stockpiles and their present and proposed height.
(j)
Ultimate use and ownership of site after completion of operation.
(k)
Source and amount of water if final plan shows use of water.
(l)
Plan of operation showing:
1)
Proposed tree screen locations.
2)
Soil embankments for noise, dust and visual barriers and heights of spoil mounds.
3)
Method of disposition of excess water during operation.
4)
Location and typical schedule of blasting.
5)
Machinery: type and noise levels.
6)
Safety measures and monitoring of complaints.
(3)
Plan for using water pumped from the site for emergency firefighting purposes and for irrigation during droughts.
K.
Any application for an initial permit or for an annual renewal permit as hereinafter provided shall be initially referred to the Planning Commission for review and to the Township Engineer for review prior to final action by the Board of Supervisors. The Board of Supervisors, in acting upon any original permit application or annual renewal permit application, shall take into account the following:
L.
No permit for any extractive operation shall be issued until the applicant has demonstrated to the Board of Supervisors that it has obtained all other permits and approvals required from any other regulatory agencies to conduct the extractive operations.
M.
Annual Renewal Permit.
(1)
Each operator/owner of extractive operations within the Quarry District shall be required to apply for and obtain an annual renewal permit during each year of its operation.
(2)
The renewal permit application must be received by the Township along with the appropriate fee not less than 90 days prior to the expiration of the then-current permit.
(3)
The application shall include updated plans and other materials showing the information required for the issuance of an original permit.
(4)
The annual renewal permit shall issue upon the Board of Supervisors being satisfied that the applicant has satisfied all of the obligations required of the owner/operator for an original issue permit.
O.
Rehabilitation and Conservation Plan Requirements. The following provisions shall apply to all extraction operations:
(1)
The owner, operator, or lessee of any extractive operation shall, at the time of application for a zoning permit, submit to the Township its reclamation plan as submitted to the Pennsylvania Department of Environmental Protection. No permit shall issue where said reclamation plan provides for quarrying in areas of the site not permitted by this chapter.
(2)
Along with said plan, the applicant shall include a timetable for the reclamation proposed for the site in general with an actual timetable for reclamation of slopes as may be found reasonable by the Board of Supervisors within the setback areas.
(3)
Owner, lessee or operator of any existing extraction operation within the Township shall, within six months from the date of this chapter or receipt of a zoning permit authorizing said extraction operation, whichever is later, submit a plan which shall include descriptions and plans for suitable after-conditions or after-uses for all the land affected.
(5)
Reclamation shall commence within one year following the completion or the discontinuance for a period of one year of any extractive operation (or the completion of the excavation of a portion of an entire operation which can feasibly be restored separately from other portions of the operation and which is not necessary to the operation), unless a shorter time period is required by the Noncoal Surface Mining Act[18] or other applicable state law. Such reclamation shall be completed within five years from the date reclamation commenced, except where a longer period of time is specifically authorized as part of the rehabilitation program.
(a)
Normal benching operations for sloping purposes shall not be construed as requiring the commencement of rehabilitation.
[18]
Editor's Note: See 52 P.S. § 3301 et seq.
(6)
Reclamation shall include removal of all debris, temporary structures and stockpiles.
(7)
A layer of arable soil of sufficient depth to sustain grass, shrubs and trees shall be provided in those parts of the operation where feasible to do so. Grass, shrubs and trees native to the area shall be planted thereon within six months after the providing of arable soil.
(8)
Where the extraction operations are to be filled as part of the rehabilitation process, no material shall be used for fill purposes other than earth, stone, sand, concrete or asphalt.
(9)
Water accumulation upon the site may be retained after the completion of such operations where the excavation cannot be reasonably drained by gravity flow, provided that adequate provision shall be made to avoid stagnation, pollution and the danger of improperly controlled release of such waters from the site.
(10)
Upon receipt of the rehabilitation plans, the Township shall review the plans to insure compliance with all provisions of this performance standard. Upon approval thereof, the Township shall issue a certificate indicating approval of the plans as submitted or amended, and the approved plans should be permanently filed in the official records of the Township.
(11)
Plans may be amended from time to time by approval of the Township upon application of the owners.
(12)
Financial security shall be required by the Township in an amount determined by the Township to be sufficient to insure the reclamation of the affected site in accordance and compliance with the standards for the issuance of any original permit or annual renewal permit in accordance with the provisions of the plan of rehabilitation as submitted pursuant to this chapter, if the bond posted with the Commonwealth of Pennsylvania Department of Environmental Protection or other agency is not kept enforce or if the Township is not named therein. The Township may require that the bond posted with any state agency may not be withdrawn or reclaimed without Township approval. With the approval of the Township, and for such period or periods as may be specified, an owner may be permitted to post his own bond without corporate surety.
P.
To ensure provisions of this Part are strictly satisfied, the Township shall have the right to inspect any extraction operation within its boundaries. Such inspection or inspections, as the Township may deem necessary, shall be conducted on any working day of the year, during regular business hours.
Q.
No extraction operation or machinery connected therewith shall operate between the hours of 6:00 p.m. and 6:00 a.m.
91.
H11 Asphalt Plant. An asphalt plant is an operation that has as its primary function the mixing of rock materials with asphalt oils or other binders for road building and construction purposes.
A.
Any application for a use permit for an asphalt plant or ready-mix concrete plant as described in Use H12 shall be accompanied by the following plans and materials:
(1)
Plot plan of the site at a scale of 100 feet to the inch showing the location and dimensions of the plant in relation to the extractive operation and boundaries.
(2)
Any and all permits necessary from any state or other governmental agency which may now or in the future regulate such operation.
(3)
Satisfactory proof that all state and other governmental regulations and guidelines pertinent to the use have been satisfied.
(4)
A plan demonstrating or illustrating the methods by which noise, dust, spread of toxic or hazardous waste will be controlled.
B.
The asphalt plant or Use H12, Ready-Mix Concrete Plant, shall be bermed in such fashion that the asphalt plant or ready-mix concrete plant is not visible at the property line.
C.
Prior to commencement of operation of an asphalt plant or Use H12, Ready-Mix Concrete Plant, all screening and berming shall be completed to totally screen the operation from view from any public street or neighboring property line. Berming and screening shall be the same as for Use H10, Extractive Operation.
D.
Plans for this use must be accompanied by studies demonstrating that there shall be no noise or odors from the facility that will be detected at or beyond the property boundaries.
92.
H12 Ready-Mix Concrete Plant. A ready-mix concrete plant is an operation which has as its primary function the mixing of materials to make concrete. The use regulations stipulated for H11, Asphalt Plant, also shall apply to H12, Ready-Mix Concrete Plants.
93.
H13 Industrial Park. An industrial park is a planned development of industrial uses which includes improvements for internal streets, coordinated utilities, landscaping and buffering.
A.
Industrial uses may be located in detached or attached structures.
B.
Area and Dimensional Requirements.
Minimum site area | 5 acres | |
Minimum lot width at street lines (site) | 250 feet | |
Minimum lot width at street line (internal) | 150 feet | |
Minimum building spacing | 50 feet | |
Minimum building setbacks (external): | ||
From site boundary | 75 feet | |
From property lines | 75 feet | |
Minimum building setbacks (internal) | ||
Front | 50 feet | |
Side | 25 feet | |
Rear | 50 feet | |
Minimum parking area setbacks | ||
Abutting a residential use or district | 100 feet | |
All other property | 25 feet | |
Maximum impervious surface coverage | 60% | |
C.
Permitted Uses.
E2 Emergency Services |
F3 Office |
G2 Day-Care Center |
G15 Indoor Athletic Club |
H1 Manufacturing |
H2 Research |
H3 Warehousing and Distribution |
H4 Contracting |
H16 Flex Space |
I1 Nonresidential Accessory Building |
G19 Hotel or Inn, provided that it shall be on an interior street within the industrial park |
D.
Accessory outside storage of materials and goods is prohibited.
E.
All uses within the industrial park shall take access from an interior roadway.
F.
All loading facilities shall be located to the rear or side of buildings and shall be screened with buffer plantings.
G.
Interior roadways shall have street trees in accordance with Chapter 22, Subdivision and Land Development, of the Township Code.
H.
The applicant shall submit a plan for the overall design and improvements for the industrial park showing proposed lots as well as the development plans for individual lots or uses.
94.
H14 Resource Recovery Facility. A facility or land that is used for any one or a combination of the following: composting, incineration, material separation, or recycling.
A. COMPOSTING FACILITY INCINERATOR MATERIAL SEPARATION and/or REFUSE-DERIVED FUEL (RDF) MUNICIPAL SOLID WASTE RECYCLING FACILITY
Definitions.
A facility for the composting of the organic matter in municipal solid waste.
A facility designed to reduce municipal solid waste by combustion. This use may or may not include heat exchange equipment for energy recovery.
The extraction of materials from municipal solid waste for recycling or for use as refuse-derived fuel (RDF).
The unseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.
Business that accumulates material such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product.
B.
Minimum lot area: 15 acres.
C.
Minimum yards: 200 feet from all property and street lines.
(1)
Yards shall be increased to 300 feet where the use abuts a residential zoning district or residential dwelling unit.
D.
Parking areas shall be a minimum of 100 feet from any property line.
E.
Operation of a resource recovery facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Department of Environmental Protection (PADEP) and the provisions of this chapter. In the event that any of the provisions of this chapter are less restrictive than any present or future rules or regulations of PADEP, the more restrictive PADEP regulations shall supersede and control.
F.
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every resource recovery facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations. Such barricade shall be at least six feet high and shall be kept in good repair and neatly painted in a uniform color.
G.
Unloading of municipal solid waste shall be continuously supervised by a facility operator.
H.
Hazardous waste as included on the list of hazardous waste as maintained by the Department of Environmental Protection shall not be disposed of in a resource recovery facility.
I.
Litter control shall be exercised to confine blowing litter to the work area and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper or other materials, there shall be erected a fence having a minimum height of 20 feet, with openings not more than three inches by three inches along all boundaries. The entire area shall be kept clean and orderly.
J.
All parts of the process (unloading, handling and storage of municipal solid waste) shall occur within a building. However, certain separated recyclable materials like glass, aluminum and other metals may be stored outdoors.
K.
The storage of paper shall be within a building.
L.
Any materials stored outdoors shall be properly screened so as not to be visible from any adjacent streets or property.
M.
No material shall be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
N.
No municipal solid waste shall be processed or stored at a recycling facility. For all other types of resource recovery facilities, municipal solid waste shall not be stored on the site for more than 72 hours.
O.
A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the Township and approved by the Board of Supervisors.
P.
Leachate from the municipal solid waste and water used to wash vehicles or any part of the operation shall be disposed of in a manner in compliance with PADEP regulations. If the leachate is to be discharged to a municipal sewage treatment plant, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall the leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Pennsylvania Department of Environmental Protection regulations.
Q.
Waste from the resource recovery facility process (such as, but not limited to, ash from an incinerator) shall be stored in such a manner as to prevent it from being carried from the site by wind or water. This process waste shall be located at least 100 feet from any property line and stored in leak proof and vector proof containers. Such process waste shall be disposed of in a sanitary landfill approved by PADEP or in another manner approved by PADEP.
R.
A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be six feet in height and planted on nine-foot staggered centers. In addition, the buffer requirements of Township ordinances shall be met.
S.
Solid waste landfill operations and open burning of any materials shall specifically be prohibited.
T.
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the nuisance standards of Part 23 of this chapter shall be met.
U.
A traffic impact study and water impact study shall be required.
V.
A zoning permit shall be obtained on an annual basis.
W.
The use must have frontage on and vehicular access to an arterial street.
95.
H15 Solid Waste Landfill. A land site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.
A.
Minimum lot area: 25 acres.
B.
The solid waste landfill operation shall be setback from any property line and street right-of-way line at least 200 feet.
C.
Direct access and frontage on an arterial street shall be required for the operation of a solid waste landfill.
D.
A traffic impact study shall be required.
E.
Operation of any solid waste landfill shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania, and the rules and regulations of the Department of Environmental Protection and the provisions of this chapter. In the event that any of the provisions of this part as less restrictive than any present or future rules or regulations of the Department, the more restrictive Department rules or regulations shall supersede and control in the operation of such solid waste landfill.
F.
Suitable measures shall be taken to prevent fires by means and devices mutually agreeable to the Department of Environmental Protection and the Township.
G.
A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.
H.
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every solid waste landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
I.
Unloading of waste shall be continuously supervised.
J.
Measures shall be provided to control dust. To control blowing paper and other materials, there shall be erected a fence having a minimum height of 20 feet, with openings not more than three inches by three inches along any boundary over which such a nuisance may be spread. The entire area shall be kept clean and orderly. Cracks in, depressions in or erosion of cover shall be repaired daily.
K.
Hazardous materials, including, but not limited to, highly flammable materials, explosives, pathological wastes, radioactive materials, liquids and sewage, shall not be disposed of in a solid waste landfill.
L.
The disposal of sewage liquids, solids and other liquids shall be specifically prohibited in a solid waste landfill.
M.
Litter control shall be exercised to confine blowing litter to the work area, and a working plan of cleanup of litter shall be accomplished.
N.
Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.
O.
The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill; to prevent erosion or washing of the fill; to drain off rainwater falling onto the fill; and to prevent the collection of standing water. The operator shall comply with the requirements of Chapters 75 and 102 of Title 25 of the Pennsylvania Code, and applicable Township ordinances so that there is no adverse off-site impact from the drainage of surface water.
Q.
A zoning permit shall be obtained on an annual basis.
R.
A final inspection of the entire site shall be made by the Department of Environmental Protection and the Township or their authorized representatives to determine compliance with approved plans and specifications before the earth-moving equipment is removed from the site. Any necessary corrective work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two years following completion of the solid waste landfill. A bond shall be posted to ensure that all corrective work is completed.
96.
H16 Flex Space. Building space designed for use as light manufacturing, assembly or warehousing, with an accessory office permitted, provided that it is incidental to the principal use.
97.
H17 School Bus Depot. A facility for the storage and dispatching of school buses for public or private schools.
A.
Minimum lot area: five acres.
B.
This use shall have vehicular access and frontage on an arterial street.
C.
A gated fence must be provided.
D.
Buffers and setbacks of 100 feet are required where the use abuts a residential use or residential zoning district. This area shall include an opaque fence eight feet in height.
E.
A plan shall be submitted indicating the schedule for bus use and dispatching.
F.
Buses must back into parking spaces that are located within 300 feet of any residential use or residential district to eliminate the noise from backup beepers.
98.
H18 Solar Energy System: Off-Site Usage. A solar energy system that is the primary use on the property the primary purpose of which is to produce electrical energy for use at locations other than the site it is produced, subject to the following conditions:
A.
Without limiting any requirements under this chapter, Chapter 22, Subdivision and Land Development, or any other ordinance of Plumstead Township, an applicant for a solar energy system off-site usage shall submit a site plan, prepared, signed, and sealed by a qualified professional licensed in the Commonwealth of Pennsylvania showing the boundary lines of the property occupied by the solar energy system off-site usage and the properties within 500 feet on which the proposed solar energy system off-site usage will be located. The site plan shall also include topographical and natural features; the planned location of the solar energy system off-site usage; the building setback lines; the access road and turnout locations; building and structures; and all public utilities. This requirement shall be in addition to any other site plan requirements provided for under Chapter 22, Subdivision and Land Development Ordinance, or this chapter.
B.
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer, owner, and/or operator of the system. In no case shall any such identification be visible from beyond or outside the property line.
C.
The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend with the existing and surrounding environment, and all panels shall be oriented in the same direction, that is, vertically or horizontally.
D.
Solar panels installed as ground arrays shall comply with the following:
(1)
No adjacent property owner shall be required to remove or cut any plant, bush, crop, or tree.
(2)
Ground arrays may not project into a required yard setback.
(3)
The property owner shall be required to install a locked and secure (minimum) six-foot-high fence around the ground array and the equipment related thereto.
(4)
Each solar energy system off-site usage shall incorporate screening that:
(a)
Harmonizes with its surroundings, including landscaping, vegetation, fencing, and topographic features, which shall be maintained for the life of the solar energy system off-site usage.
(b)
Breaks-up the visible area of the solar energy system off-site usage so as to prevent unobstructed views.
(c)
Mitigates adverse aesthetic impacts on views from residences and public highways.
(d)
A solar energy system off-site usage shall be sited within a parcel in such a manner as to make maximum use of preexisting vegetation, hedgerows, hills, ridges, buildings, and other topographical features and structures that provide natural screening.
(6)
Buffer. A Class C bufferyard shall be required around the perimeter of the site adjacent to all agricultural and/or residential uses.
E.
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall be designed and installed so as not to provide step bolts, a ladder, rungs, or other publicly accessible means of climbing the tower for a minimum height of eight feet above the ground elevation.
F.
The design and installation of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system in accordance with the requirements of the Pennsylvania Uniform Construction Code (UCC), as amended.[20] All wiring shall comply with the applicable version of the National Electric Code (NEC), as amended. The local electric utility service provider shall be contacted by the owner and/or applicant to determine grid interconnection and net metering policies.
[20]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
G.
The solar energy system owner, at his or her expense, shall complete decommissioning of the system within 12 months after the end of the useful life of the system, within 12 months of damage which prevents the system from operating at full-capacity and in a safe manner, and which damage remains continuously unrepaired or uncorrected during the entire said twelve-month period or within 12 months of continuous nongeneration of electricity.
H.
A Pennsylvania structural engineer shall seal all plans for either a ground array or roof-mounted solar energy system to certify that the roof can support the loads, and that the roof and/or ground array can withstand 100 mph winds.
I.
Only a North American Board of Certified Energy Practitioner (NABCEP) or a licensed electrician shall install a solar energy system.
J.
For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, arrays, inverters, shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, panels, and arrays.
99.
H19 Wind Energy System Off-Site Usage. A generation facility, whose main purpose is to supply electricity for use or sale off-site, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. This use does not include stand-alone wind turbines constructed primarily for on-site residential or on-site farm use.
A.
Site Plan. A site plan, prepared, signed, and sealed by a qualified professional licensed in the Commonwealth of Pennsylvania showing the boundary lines of the property occupied by the alternative or emerging energy facility and the properties within 500 feet on which the wind energy system off-site usage is proposed. The site plan shall also include topographical and natural features; the planned location of the wind energy system off-site usage; the building setback lines; the access road and turnout locations; building and structures; and all public utilities. This requirement shall be in addition to any other site plan requirements provided for under Chapter 22, Subdivision and Land Development, or this chapter.
B.
Tower Height. Tower heights of not more than 80 feet shall be allowed on parcels between one and two acres. Properties over two and up to five acres may have tower heights up to and including 140 feet. For property sizes of five acres or more, there is no limitation on tower height except as imposed by the Federal Aviation Administration regulations, provided evidence is provided that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
C.
Setbacks.
(1)
A wind energy system shall be set back a distance of 1.25 times the total height of the wind turbine from all property lines, overhead utility lines, public roads, and rights-of-way, or the minimum yard requirement, whichever is greater.
(2)
No part of the system, including guy wire anchors, may extend closer than 10 feet to the property boundary. Additionally, the outer and innermost guy wires must be marked and clearly visible to a height of six feet above the guy wire anchors.
D.
Noise and Interference.
(1)
Wind turbines shall comply with the sound requirements of the zoning district in which they are located except during short-term events such as utility outages and severe windstorms.
(2)
Wind energy systems for off-site usage shall not cause any radio, television, microwave, telecommunication, or navigation interference. If a signal disturbance problem is identified, the owner shall correct the problem within 90 days of being notified of the problem.
E.
Appearance and Lighting.
(1)
Wind energy systems for off-site usage shall maintain a galvanized neutral finish or be painted to conform to the surrounding environment to minimize adverse effects. No wind energy systems shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and/or ownership information. No wind energy system for off-site usage shall have any flags, streamers, banners, or other decorative items that extend from any part of the system placed on it at any time.
(2)
A wind energy system wind turbine shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
F.
Safety Features.
(1)
The wind energy system off-site usage shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed, and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.
(2)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access. The tower shall be designed and installed so as not to provide step bolts, a ladder, rungs, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground elevation.
(3)
All electrical wires associated with a wind energy system wind turbine shall be located underground when practicable. All wires not located underground, including, but not limited to, wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires, shall be contained within an appropriate conduit suitable for same.
(4)
No portion of the wind energy system wind turbine blade shall extend within 20 feet of the ground.
(5)
Appropriate warning signage (e.g., "danger high voltage") shall be placed where it is clearly visible by persons standing near the tower base or other ground-mounted electrical equipment.
(6)
All climbing apparatus shall be removed from the lowest 10 feet of the tower, or ladder access shall be restricted.
G.
Abandonment and Removal.
(1)
A wind energy system wind turbine that is out of service for a continuous twelve-month period will be deemed to have been abandoned. Nonfunction or lack of operation may be proven by reports from the interconnected utility. The owner/operator shall make available to the Zoning Officer all reports to and from the purchaser of energy from the wind energy system wind turbine if requested. Time extensions are allowed through application to the Board of Supervisors when good faith efforts to repair the wind turbines can be demonstrated.
(2)
If the wind energy system wind turbine is determined to be abandoned, the owner of the wind energy system wind turbine shall remove the wind generator from the tower at the owner's sole expense within three months of notice of abandonment. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal.
100.
I1 Nonresidential Accessory Building. Accessory building, structure, or use customarily incidental and subordinate to a use permitted within the zoning district, except outside storage and drive-through facilities.
A.
Nonresidential accessory buildings shall meet the minimum yards and setbacks for the principal nonresidential use.
B.
A fence or wall erected on nonresidential properties may be located within a required yard. A zoning permit shall be required for installation of all nonresidential fencing (except for fencing utilized for agricultural and/or horticultural uses).
(1)
No fence or wall is permitted to be constructed in the clear sight triangle; in any portion of the street right-of-way; in a public easement; or in any portion of an easement where the easement agreement prohibits fences or walls.
(2)
A nonresidential fence or wall seven feet or higher shall require a building permit. A nonresidential fence or wall shall not exceed eight feet in height in a nonresidential zoning district, and six feet in height in a residential zoning district.
(a)
Fences surrounding tennis courts or sport courts shall not exceed 12 feet in height; shall not be located in any portion of the required front yard; and shall be constructed of wire-type fencing.
(b)
Retaining walls necessary to hold back slopes are exempted from the regulations of this section and are permitted when approved by a professional engineer licensed in the Commonwealth of Pennsylvania.
(3)
A nonresidential fence may be permitted within a required buffer yard so long as it is utilized as screening from adjacent parcels, but only when approved by the Board of Supervisors.
C.
A stormwater management facility shall be considered an accessory structure and may be permitted within the required yards but may not be constructed within 10 feet of any property boundary or within a required buffer yard.
101.
I2 Accessory Outside Storage or Display. Outside storage or display, other than storage as a principal use of the land, necessary but incidental to the normal operation of the primary use.
A.
No part of the street right-of-way; sidewalks or other areas intended or designed for pedestrian use; required parking areas; and/or portions of the required front yard shall be occupied by this use, except in the VC District where outside display shall not extend more than five feet beyond the front of the building.
B.
Outside storage and display areas shall occupy an area no more than 0.5 the existing building coverage.
C.
Areas that do not display products for sale shall be shielded from view from all public streets.
102.
I3 Temporary Structure. Temporary structure, building or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature.
103.
I4 Accessory Drive-Through Facility. A drive-through facility is any vehicle-related commercial facility where a service is provided, or goods, food, or beverages are sold, to the operator of or passengers in a car, without the necessity of the operator or passengers disembarking from the vehicle. Any facility which proposes a drive-through or drive-up window as an accessory facility to a retail, service, financial, eating place, or other use, where customers are served in their cars, shall be subject to the following additional requirements:
A.
Except where it is expressly prohibited, a drive-through or drive-up facility is permitted as a conditional use only.
B.
No drive-through facilities are permitted in the VC or VR Districts.
C. BYPASS LANE or ESCAPE LANE DELAYED SERVICE PARKING AREA DRIVE-THROUGH CANOPY DRIVE-THROUGH LANE DRIVE-THROUGH SERVICE AREA OR FACILITY
The following definitions shall apply:
Vehicular lane allowing traffic to pass the drive-through lane and/or allowing vehicles, because of emergencies or mistakenly entering the drive-through lane, to exit the drive-through lane.
Stationing area, separate from the drive-through service area, which allows patrons to wait for goods and services that cannot be delivered promptly, while other patrons waiting to use the drive-through service area/facility could be serviced.
Overhead structures intended to protect patrons from the weather while stationed at the drive-through service area/facility.
Vehicular lane allowing the stationing and stacking of vehicles while ordering and waiting for goods and services.
Position and facility which permits patron to receive goods or service, such as a pickup window, drawer or similarly intended structure.
D.
General Standards. A drive-through facility is subject to the following standards:
(1)
The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movement or exacerbate the potential for pedestrian/vehicular conflicts.
(2)
A drive-through facility with the drive-through service area/facility located in an existing or proposed shopping center shall have circulation patterns that are integrated with that of the center.
(3)
Hours of operation to minimize the impacts of drive-through facilities located adjacent to residential uses shall be set as a condition of the conditional use permit.
E.
Location Standards.
(1)
Drive-through facilities may not be located across the street from residential zoning districts unless separated by an arterial street.
(2)
Drive-through facilities are not permitted on sites abutting schools, parks, playgrounds, libraries, churches and other public and semipublic uses which have substantial pedestrian traffic.
F.
Frontage Requirements. Minimum lot frontage on at least one street shall be 150 feet for all principal uses with accessory drive-through facilities to ensure adequate room for access drives.
H.
Drive-Through Lanes and Bypass or Escape Lanes.
(1)
A bypass lane or escape lane shall be provided.
(2)
The design of a drive-through lane and bypass lane or escape lane shall minimize the blocking, crossing, or passing through of off-street parking areas and minimize crossing of, or the need to be crossed by, pedestrian access ways for patrons.
(3)
The drive-through lane shall not be the sole ingress and egress to the site.
(4)
Drive-through lanes shall be marked by signs which indicate the entrance and exit for the drive-through lane. The direction of traffic flow for the drive-through lane and bypass lane or escape lane shall be marked clearly.
(5)
Delayed service parking areas shall be located a minimum of 20 feet from the point where the drive-through lane and bypass lane or escape lane merge.
I.
Lane Width.
(1)
Drive-through lanes are to be separated from the bypass lane or escape lane and parking aisles by painted lines. The lanes shall be a minimum of 12 feet wide. If two or more parallel drive-through lanes are provided, they shall each be at least 10 feet wide.
(2)
A bypass lane or escape lane shall be a minimum of 10 feet.
(3)
Lane Separation. An on-site circulation pattern is to be provided for drive-through facility traffic that separates such traffic from that of walk-in, sit-down or takeout patrons.
J.
Stacking Distance.
(1)
A stacking area is to be provided for vehicles waiting for service in the drive-through lane that is separated from other traffic circulation on the site. Stacking shall not be provided in parking aisles or in driveways provided for on-site circulation.
(2)
The stacking distance shall be as follows:
Use | Maximum Number Vehicles | Lane Length (feet) |
|---|---|---|
Eating place | 10 | 198 |
Bank | 7 | 154 |
Car wash | 10 | 198 |
Dry cleaner | 2 | 44 |
Pharmacy | 7 | 154 |
K.
Drive-Through Canopy Height. The total height for any overhead drive-through canopy shall not exceed 15 feet.
L.
Application Requirements. A traffic impact study shall be submitted to provide information which will be used to determine the necessary stacking area and the impact the proposal will have upon local traffic circulation. The traffic impact study shall address the following issues:
(1)
Nature of the product or service being offered.
(2)
Method by which product or service is being offered (e.g., window service or brought to vehicle by employee).
(3)
Time required to service typical customer.
(4)
Arrival rate for patrons.
(5)
Peak demand hour.
(6)
Anticipated vehicular stacking required.
(7)
Anticipated traffic generation.
(8)
Diagram of traffic flow, stacking and pedestrian crossings.
104.
15 Vending Machines, Self-Service Parcel Delivery Services and Similar Delivery Kiosks. Vending and service machines, self-service parcel delivery services, self-service donation drop boxes, and similar delivery kiosks are permitted as accessory uses in the nonresidential zoning districts only. Vending and service machines and donation drop boxes are permitted as accessory uses in nonresidential zoning districts only and shall be permitted without securing a permit. Self-service parcel delivery services and similar delivery kiosks are permitted as accessory uses as set forth in this chapter and require a zoning permit. No vending or service machine shall be permitted outside a completely enclosed building except newspaper and news/sales material vending machines, self-service parcel delivery services and similar delivery kiosks. Newspaper and news/sales material vending machines, self-service parcel delivery services and similar delivery kiosks may be placed outside an enclosed building only where the following conditions are met:
A.
A zoning permit shall be required for all such machines to be located outside the building.
B.
The machine or kiosk shall be secured to a concrete pad or other suitable permanent and secure base. Chaining the machine or kiosk to a post is not acceptable and does not meet this condition.
C.
The machine or kiosk shall be located a minimum of 25 feet from the edge of the cartway of any road and shall not be located within the right-of-way of any roadway.
D.
The machine or kiosk shall be located so that it does not interfere with clear site distance and shall be located at least 200 feet from any intersection.
E.
The machine or kiosk shall not be located within any parking area that is needed to meet parking requirements.
F.
The machine or kiosk shall not interfere with safe pedestrian and/or vehicular flow or access.
G.
The machine or kiosk must be properly maintained so that it is secured to its pad, operating properly, and free of debris, graffiti and vandalism.
H.
Newspaper and news/sales material vending machines, self-service parcel delivery services and similar delivery kiosks are permitted outside an enclosed building only in the C-1 and C-2 Zoning Districts.
I.
Bank service machines for the conduct of bank business shall be permitted to be on the outside of the building whose use is G7, Financial Establishment.
105.
106.
Lawful Use Not Otherwise Permitted. It is the intent of this chapter to include all legitimate land uses. Any lawful use that is required to be permitted by the Pennsylvania Municipalities Planning Code[22] and is not otherwise permitted in other use categories of this chapter may be permitted as a conditional use, provided that the applicant for the conditional use establishes that the proposed use meets the following criteria as well as the requirement set forth in all other applicable sections of this Part:
A.
The use must comply with the lot, area, dimensional, and design criteria of the district in which is permitted:
(1)
Residential uses in the RP, RO, R-1, R-2, R-3, R-4, R-5 and VR Residential Districts.
(2)
Institutional, office, commercial, consumer services uses in the C-1, C-2, C-3 and VC Commercial Districts.
(3)
Industrial uses and recreational uses in the LI Light Industrial District and the Q Quarry District.
B.
Where applicable, the applicant must demonstrate that the use proposed will comply with all permit requirements of the Bucks County Department of Health, Pennsylvania Department of Environmental Protection, and other commonwealth or federal government agencies which regulate this use.
C.
A buffer area shall be established in accordance with the conditions imposed upon the granting of the conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer shall be of sufficient width to protect the surrounding area from objectionable effects of the proposed use including, but not limited to, noise, dust, vibration, odor, illumination, visual effects and the like.
D.
In addition to the above requirements, any alternate energy system (defined as any system to be used to augment or replace public or private utility based energy source), not specifically identified in this chapter as an accessory use, must comply with the following:
(1)
Any proposed collection or generation alternate energy system must be designed to minimize the introduction of heat, chemicals, noise, radiological, electromagnetic and physical hazard.
(2)
All proposed alternate energy distribution systems must be designed to prevent leakage of any media. In the event of a leak, the distribution media must be nontoxic to the environment and humans.
(3)
All alternative energy systems must be designed to contain any stored power in a safe and environmentally responsible manner. In the event of a natural or man-made disaster, the alternative energy system must be designed to contain the stored energy without creating an additional hazard.
(4)
All proposed alternate energy systems must have a decommissioning plan to address the removal and disposal of the system and any resulting hazardous waste contained or generated by the system.
[22]
Editor's Note: See 53 P.S. § 10101 et seq.