Ralpho Township City Zoning Code
PART 5
SUPPLEMENTARY REGULATIONS
§ 501 Additional Regulations for all Districts.
[Ord. 100, 10/12/1993, § 501; as amended by Ord. 105, 12/13/1994, § 1; by Ord. 119, 4/14/1998; by Ord. 130, 10/10/2000, § 5; and by Ord. 141, 11/12/2002]
1.
Visibility at Intersections. On a corner lot nothing shall be erected, (except street signs, utility poles or traffic signs) placed, planted or allowed to grow in such manner as to impede vision between a height of 2 1/2 and 10 feet above the center line grades of the intersecting streets in the area bound by the street center lines at a distance of 50 feet from the point of intersection.
2.
Fences, Walls. Fences and walls (excluding retaining walls) may be erected, altered and maintained within the yards; provided, however, that any such fence or wall in the front area shall not exceed 3 1/2 feet in height, and any fence or wall in the side or rear yard may be six feet or more in height; provided, however, that any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet. Aboveground electric fencing shall be prohibited in all zones except the AF Agriculture-Forest District.
[Amended by Ord. 188, 7/11/2017]
3.
Erection of More Than One Principal Structure or Building on a Lot. In any district, more than one structure or building housing a permitted principal use may be erected on a single lot; provided, that area, yard and other requirements of this chapter shall be met for each structure or building as though it were on an individual lot.
4.
Exceptions to Height Regulations. The height limitations contained herein do not apply to barns, spires, microwave, cupolas, silos, antennas, water tanks, ventilators, chimneys, television or radio towers or other similar appurtenances, usually required to be placed above the roof level and not intended for human occupancy.
5.
Building on Nonpublic Streets or Roads. Construction of structures is permitted on nonpublic streets or roads under the following conditions:
A.
The road or street will not be maintained by the Township, which means it will not be repaired or improved, and snow will not be removed.
B.
The road or street will not be accepted for dedication by the Township unless it complies with the street requirements of the Land and Subdivision Ordinance. [Chapter 22].
C.
The road or street must be of sufficient width and in a condition satisfactory for the ingress and egress of emergency vehicles. This determination will be made by the Code Enforcement Officer.
D.
The applicant for a building permit for a structure on a nonpublic street or road must comply with all other requirements of this chapter.
E.
Every transferor of property having access only by a nonpublic street or road must place a statement in his, her or its deed advising the transferee of the conditions set forth in this section.
6.
Corner Lot Restrictions. On every corner lot there shall be provided on each side thereof adjacent to a street a yard equal in depth to the required front yard of the prevailing zoning district in which the corner lot is located.
7.
Lots in Two Districts. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.
8.
Lot Area and Lot Width for Lots Not Serviced with Public Water and/or Sanitary Sewers. Where a lot is not served by a public water supply and/or sanitary sewerage system and the Township's Subdivision Ordinance [Chapter 22] and other state or local ordinance in force requires a higher standard for lot area or lot width than this Chapter, the more restrictive regulations of such other ordinance or regulation shall apply.
9.
Front Yard Exceptions. When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the district, the front yard required may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that in no case shall the front yard be reduced by more than 50% of the required front yard for that district.
10.
Restrictions on Air Pollution. All sources of air pollution must comply with rules and regulations as defined and established by the U.S. Government, Air Pollution Commission of the Commonwealth of Pennsylvania, Department of Environmental Protection, and any local applicable ordinances, whichever is the most restrictive.
11.
Solid Waste Disposal. All methods and practices of solid waste or refuse disposal shall be in compliance with Act 241 (Pennsylvania Solid Waste Management Act) of the Pennsylvania Department of Environmental Protection.
12.
Requirements for Sewage and Liquid Waste Disposal. All sewage and liquid waste disposal practices must be in accordance with rules and regulations of the Pennsylvania Department of Environmental Protection, and any local applicable ordinances, whichever is the most restrictive.
13.
Median Strip. Median strip land lying within the interior lines of any highway. No new structures shall be permitted in the median strip.
14.
Right-of-Way. For the purposes of measuring front yard requirements, the street right-of-way line shall be established in all districts at a distance of 1/2 of the street right-of-way width.
15.
Mobile Home Parks and Mobile Home Subdivisions. It is the intention of the Township that mobile home parks and mobile home subdivisions, when permitted, shall be developed to a high standard, providing a healthy and pleasant living environment. Site plans submitted for approval shall indicate the design and special features found in mobile home parks. An enlargement of an existing mobile home park shall require a special exception as if it were a new establishment.
16.
Residential Development. A residential development located in any zoning district shall conform to all uses and regulations of the residential district.
17.
Fill or Embankment. A property owner requiring or desiring to place fill on his, her or its property must comply with all the rules and regulations of the Pennsylvania Department of Environmental Protection, as well as the Northumberland County Soil Conservation District. In addition to those requirements, however, the following restrictions shall also apply in every instance:
A.
Filling or constructing an embankment on any land shall be performed using only "inorganic" material, except for topsoil.
B.
Property shall be graded to secure proper drainage away from buildings. Alterations to existing storm runoff patterns and amounts shall conform to provisions of the Ralpho Township Stormwater Management Ordinance [Chapter 26].
C.
No excavation shall be made resulting in a slope steeper than 1:3 vertical-horizontal, and no fill shall be resulting in slope steeper than 1:1 1/2 vertical horizontal, except in the following circumstances.
(1)
Such excavation and/or fill is for street grading, governed in § 402 of Ordinance No. 101, the Ralpho Township Subdivision and Land Development Ordinance [Chapter 22].
(2)
The excavation is located so that a line having a slope of 1:3 and passing through any portion of the cut face will be entirely inside the property lines of the property on which the excavation is made.
(3)
The fill is located so that settlement, sliding or erosion will not result in material being deposited on adjoining property by any means.
(4)
The materials and methods used to finish such grading are sufficiently stable to sustain a slope of steeper than 1:1.
(5)
The Township Engineer shall review all methods and materials used for such cut and fill operations and shall affirm that such deviation from the slope standard will not result in erosion, sedimentation or injury to persons or damage to adjacent property.
D.
In all cases, the bottom edge of excavations or fills shall be a minimum of 10 feet from property lines of developed lots.
18.
Receiving Dishes. Receiving dishes may be installed, with the approval of the Code Enforcement Officer (permit required), in any district; provided, that said receiving dishes are located in conformance with the dimensional requirements of the district in which they are located. If mounted upon the roof of any building or structure, said receiving dishes may be of a size no more than five feet in diameter.
19.
Demolition. A permit is required for the demolition of any structure. All demolition will be completed in a timely fashion. Once demolition of a structure has begun, it will be completed as quickly as possible. Permits for demolition will be valid for thirty-day periods and will not be renewed if a good faith effort is not being made. In such cases, the Township will proceed with legal action to complete demolition and bill the property owner.
20.
Temporary Staging Area. Any person who allows their lot to be utilized as a temporary staging area for constructional utility work for a period exceeding 10 days shall submit an application to the Code Enforcement Officer for review. The Code Enforcement Officer will require that the temporary staging area meet all criteria for the zone in which the lot is located prior to issuing a permit allowing the staging area. When deciding whether to issue the permit and if any restrictions are appropriate, the Code Enforcement Officer shall consider parking and material layout areas, sanitary facilities, proposed lighting, clearing or grading activity, and locations of natural features that could impact stormwater and runoff, as well as other site-specific factors, to ensure that the public health and safety are not jeopardized. Approval shall not exceed 90 days, but the owner may reapply upon the expiration of the current permit. The initial permit fee shall be $50 and may be modified by subsequent resolution by the Board of Supervisors.
[Added by Ord. 188, 7/11/2017]
§ 502 Home Occupation Regulations.
[Ord. 100, 10/12/1993, § 502]
1.
General. A home occupation in any district shall be an accessory use of a service character customarily conducted within a dwelling by the residents thereof except that one nonresident assistant may be employed, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use and, in connection therewith, there is not involved the keeping of stock-in-trade. Notwithstanding, home occupation regulations that follow for each district, all home occupations shall provide off-street parking for a minimum of four vehicles. Further, the office of a physician, surgeon, dentist or other professional person, including real estate and insurance, violin, piano or other individual musical instrument, limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, beauty parlors, and barber shops, shall be deemed to be home occupations; and the occupations of dressmaker, milliner, or seamstress, shall also be deemed to be home occupations. Dancing instruction and band instrument instruction in groups, tearooms, tourist homes, convalescent homes, mortuary establishments, and stores, trades, or business of any kind not herein excepted shall not be deemed to be home occupations. Yard or garage sales are permitted in all districts without regulation four times each year. Yard sales shall be held as Friday, Saturday and/or Sunday events, but may extend longer in conjunction with a holiday. Yard sale beyond the four per year limit shall be considered a home occupation and must meet all the requirements of this Chapter.
2.
Agriculture; Forest District. In the agriculture-forest district home occupations are permitted providing the following standards are met:
A.
Home occupations include small cottage type industries such as sculpturing, pottery, wood working, furniture making and repair, antique shops or similar activities or small commercial activities related to rural areas or more typical home occupation services; provided, that no new building or structure shall be erected on the premises nor the rural character of the area be destroyed.
B.
Home occupations in these districts shall be limited in employment to the residents of the premises plus not more than two paid employees.
C.
Off-street parking shall be provided commensurate with the activities to be conducted on the promises.
D.
Signs shall be limited solely to those of type and size permitted in that district.
E.
Home occupations shall not be allowed that would create any nuisance in terms of on street parking or other traffic hazards, air and water pollution, solid waste disposal, glare, heat, odor, noise, electric and electronic disturbances, or vibration that would normally be objectionable to adjoining residents.
3.
Residential District, Village Center, Commercial. In the Village Center, Commercial and Residential Districts, home occupations are permitted only within the single-family dwelling units having access to public streets; provided, that such occupation is clearly incidental or secondary to the use of the property as a residence; and, further provided, that such use of the dwelling unit does not change the exterior residential character of the dwelling unit except as herein provided, and in accordance with the following standards:
A.
Home occupation employment shall be limited to the dwelling unit residents.
B.
Home occupations in these districts shall be limited in employment to the residents of the premises plus not more than two paid employees.
C.
Home occupation shall not occupy more than 20% of the total floor area of the dwelling unit.
D.
Home occupations shall not be allowed that would create any nuisances due to undesirable operating characteristics as cited in § 502(2)(E).
E.
Additional off-street parking shall be provided commensurate with the activities to be conducted on the property.
§ 503 Accessory uses, buildings or structures.
[Ord. 100, 10/12/1993, § 503; as amended by Ord. No. 195, 11/8/2022]
1.
Detached accessory buildings or structures shall be erected only in the side or rear yard and not closer than 10 feet to any property line.
2.
Swimming pools shall be permitted providing the structure is constructed or erected in the side or rear yard, is at least 10 feet from any property line, and is equipped with a water cleansing system. In addition, in-ground pools shall be surrounded by a permanent fence not less than four feet high. All gate or door openings through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
3.
Nonresidential activities shall not be permitted in any residential district except those permitted by § 502, "Home Occupations."
4.
Nothing in this Section shall be construed to limit other uses not mentioned so long as they are clearly accessory to the principal permitted use of the land and do not create a threat to the public health, safety and/or welfare of the community.
5.
Minor Solar Energy Systems in Accordance with § 410. A minor solar energy system shall be permitted in any zoning district as an accessory to a principal use herein and subject to specific criteria as set forth in § 410.
§ 504 Sign Regulations.
[Ord. 100, 10/12/1993, § 504; as amended by Ord. 119, 4/14/1998; Ord. 130, 10/10/2000, § 6; Ord. 163, 6/12/2007, § 1]
1.
Permits Required. A sign permit must be obtained from the Code Enforcement Officer for every sign placed in Ralpho Township.
2.
Objective. The objectives of this Section are to establish requirements for placing, installing and maintaining signs, in order to preserve and protect the health, safety, welfare and general well-being of Township citizens. Just as regulations for the placement, installation and maintenance of buildings and structures through zoning is a valid use of the law, so are regulations for the placement, installation and maintenance of signs a valid use of the law, because signs, in the literal sense, must be considered structures, and, in a practical sense, are capable of producing many of the same nuisances as buildings produce.
3.
Purpose. The purposes of these sign regulations are as follows:
A.
To encourage the effective use of signs as a means of identification and communication.
B.
To maintain and enhance the aesthetic environment of the Township.
C.
To enhance the ability to attract sources of economic development and growth.
D.
To enhance pedestrian and vehicular safety.
E.
To minimize adverse effect of signs on nearby public and private property.
F.
To enable the fair and consistent enforcement of these sign regulations.
G.
To promote and protect the public health, safety, morals and general welfare of the Township.
H.
To preserve the wholesome and attractive character of the Township.
I.
To promote the tasteful, progressive design of signs which are complementary to the buildings they serve.
J.
To prohibit the erection of signs in such numbers, sizes and designs, and locations that may create a hazard to pedestrians and vehicular traffic.
K.
To avoid excessive competition for large or multiple signs so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion.
L.
To promote signs which arc designed utilizing clear, crisp lettering, and uncomplicated symbols which identify the intended message efficiently.
M.
To avoid the uncontrolled proliferation of signs.
4. SIGN
Definition.
Any structure, symbol, device, any wall or outdoor display which includes any letter, word, banner, flag, pennant, insignia, painting, drawing, message, plaque or other thing which is designed, intended, or used for direction, announcement or advertisement. The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit, nor public traffic or directional signs.
5.
Computation of Sign Area and Height.
A.
Single-Faced Signs. The area of a sign face shall be computed by means of the smallest rectilinear, circular or triangular shape that will encompass the extreme limits of the writing, representation, emblem, symbol or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the display itself.
B.
Multi-Faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any one point at the same time, and when such sign faces are part of the same sign structure and are not more than 36 inches apart, the sign shall be computed by the measurement of one of the faces.
C.
Maximum Total Sign Area for a Lot or Site. The maximum total sign area for a lot or site shall be in accordance with this Section for the total sign area per lot or site, for the zoning district in which the lot or site is located.
D.
Computation of Sign Height. The height of a sign shall be in accordance with this Section considering the zoning district in which the lot or site is located. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the following:
(1)
Existing grade prior to construction.
(2)
The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
(3)
In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot or site, whichever is lower.
6.
Placement and Maintenance.
A.
Public Right-of-Way. No sign shall be erected in the public right-of-way.
B.
Clear-Sight Triangle. No sign shall be erected in the clear-sight triangle area as provided in the Subdivision and Land Development Ordinance (Chapter 22).
C.
Design, Construction, and Maintenance. All signs shall be designed, constructed and maintained in accordance with the following standards:
(1)
All signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure.
(2)
All signs shall be maintained in good structural condition and in compliance with the Township Building Codes and in conformance with this Section at all times.
(3)
All signs shall be maintained in good physical condition with no chipped, peeling or fading faces or structures, no loose material or lettering. Metal surfaces shall be maintained free of rust. All signs shall be maintained free of deterioration, decomposition and decay.
(4)
All signs requiring electricity shall be permanently wired in accordance with current NEC Code or local ordinance.
(5)
All existing nonconforming signs that have been destroyed or damaged to the extent of 75% or more of its total area shall not be repaired or restored to a nonconforming status.
D.
Projection of Signs. No sign shall project more than 12 inches from the building facade to which it is attached.
7.
Illumination of Signs.
A.
A light illuminating a sign shall be so arranged that the source of light is not visible from any point off the lot and that only the sign is illuminated thereby. This illumination may be:
(1)
Direct: illumination of a sign designed to give forth artificial light directly through transparent or translucent materials from a source of light within such sign.
(2)
Indirect: illumination of a sign with a light so shielded that no direct rays therefrom are visible elsewhere than on the lot where said illumination occurs.
(3)
No lights shall be of the flashing, revolving or intermittent type.
8.
Prohibited Signs.
A.
Portable signs.
B.
Roof signs.
C.
Inflatable signs and tethered balloons.
D.
Temporary signs.
E.
Any sign or sign structure which constitutes a hazard to public safety or health.
F.
Signs which by reason of size, location, content, coloring, or manner of illumination obstruct the vision of drivers, either when leaving a roadway or driveway, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets.
G.
Signs which make use of words such as "Stop," "Look," "One Way," "Danger," "Yield" or similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead or confuse traffic.
H.
Any obsolete sign which no longer identifies a bona fide business conducted or product sold.
I.
Signs painted on, attached to or supported by a tree, utility pole, stone, cliff or other natural object.
J.
Beacons.
K.
Flashing signs.
L.
Any vehicle or trailer which is parked on a public right-of-way or on public or private property so as to be visible from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This Section shall not prohibit any form of vehicular sign such as a sign attached to a bus or lettered on a motor vehicle where the vehicle is not used for the basic purpose of providing advertisement or direction as set forth above.
9.
Signs Exempt from Regulations. The following signs shall be exempt from regulations under this Section:
A.
Street Sign: official highway sign, street name, directional or other traffic sign erected in accordance with the Pennsylvania Motor Vehicle Code.
B.
Any public notice or warning required by a valid and applicable Federal, State or local law, regulation or ordinance.
C.
Any sign inside a structure not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the lot or site on which such sign is located.
D.
No-trespassing sign: a sign not exceeding two square feet, indicating the prohibition or control of fishing, hunting, trespassing, etc., or a sign indicating the private nature of a road.
E.
Signs and banners erected by a governmental body or under the direction of such body.
F.
Crop identification sign.
G.
Cornerstone.
H.
Governmental flag or insignia.
I.
Temporary event signs and banners announcing a nonprofit event of a civic organization for noncommercial purposes, where such sign does not exceed 32 square feet in area and for a period not to exceed 30 days prior to the start of the event and removed within three days after the conclusion of the event.
J.
Barber pole: revolving barbershop pole sign, provided that it does not exceed 36 inches in height and that it is erected only in a Commercial or Village Center District in conjunction with a barbershop.
K.
Temporary sign advertising mechanics, artisans, contractors and/or architects: a temporary sign erected and maintained during the period any of the above is performing work on the premises. No one sign shall exceed four square feet. Only one sign may be erected for each business or contractor. There shall be no more than four such signs displayed on the property at any one time. The sign shall be removed upon completion of work performed at the site.
L.
Garage or yard sale signs, provided that they do not exceed five square feet and are removed as soon as the event or activity has occurred, and provided that they shall not be permitted to be erected more than seven days prior to the event and only permitted at the site at which the event will take place.
M.
Public auctions signs shall not be permitted to be erected more than 30 days prior to the event and only one shall be permitted at the site at which the event will take place. Sign shall be removed as soon as the event has concluded. The area of the sign shall not exceed 32 square feet.
N.
Grand opening banners, product and manufacturer advertisements directly associated with the grand opening, provided that they comply with the requirements of this Section and are removed after 30 days of said opening.
O.
Signs offering the sale or rental of the premises upon which the sign is erected, provided that they:
(1)
Shall not exceed six square feet and not more than one sign shall be placed on the property unless the property fronts on more than one street, in which case one sign may be erected on each street frontage.
(2)
For multifamily dwellings, shall not exceed 32 square feet and not more than one sign shall be placed on the property unless the property fronts on more than one street, in which case one sign may be erected on each street frontage.
P.
Entrance signs or monuments identifying the name of the development shall not exceed 64 square feet.
10.
Political Signs. Political signs shall not be more than 32 square feet on a side and can only be placed with the expressed consent of the landowner. Signs shall not be placed more than 60 days prior to an election and must be removed within 10 days thereafter. A permit fee will be charged to each candidate in an amount to be established from time to time by resolution of the Board of Supervisors. A refund in an amount as established from time to time by resolution of the Board of Supervisors will be made if all the signs are removed within the time specified herein.[1]
[1]
Editor's Note: The permit fee and refund schedule are included in the Fee Schedule at the beginning of this Code.
11.
Specific Requirements for Permitted Signs Within Various Zoning Districts. Except as otherwise provided, the following general area and height requirements shall apply in the specified zoning districts:
B.
Agricultural-Forest District:
D.
Heavy Commercial District:
(1)
Area: signs limited to total aggregate area of 160 square feet. Additionally, no single-face sign shall exceed 160 square feet.
(2)
Area: signs offering advertising for services and goods other than those provided on the same lot as the use to which it relates shall be limited to 160 square feet. Such signs shall not be located within 200 feet of a dwelling.
(3)
Height: not to exceed height of principal building or, in the case of off-premises signs not to exceed 12 feet.
F.
Industrial District:
(1)
Area: signs limited to total aggregate area of 160 square feet. Additionally, no single-face sign shall exceed 160 square feet.
(2)
Area: signs offering advertising for services and goods other than those provided on the same lot as the use to which it relates shall be limited to 160 square feet. Such signs shall not be located within 200 feet of a dwelling.
(3)
Height: not to exceed height of principal building or in the case of off-premise signs not to exceed 12 feet.
12.
Off-Premises Signs. Specific sign requirements for off-premises signs: Off-premises signs are those signs offering advertising for services and goods other than those provided on the same lot as the use to which it relates. Off-premises signs are allowed in all zoning districts except Residential. They shall not exceed 20 square feet and only one sign shall be permitted per lot.
§ 505 Parking and Truck Loading Requirements.
[Ord. 100, 10/12/1993, § 505]
1.
Off-Street Parking.
A.
Minimum Parking Requirements. Any building or other structure used (including any existing building or structure subsequently enlarged) and any lot used or occupied for any of the following purposes shall be provided with the minimum off-street parking spaces as set forth herewith.
(1)
Dwellings. Two parking spaces for each dwelling unit.
(2)
Church, Public Auditorium, Theaters. One parking space for every five seats provided.
(3)
Hotels, Motels. One parking space for each rental unit plus one space for each two employees.
(4)
Rooming House Tourist Home or Other Group Quarters. One parking space for each roomer or boarder plus one additional parking space if the owner resides in the building.
(5)
Eating Establishments. One parking space for every two seats, plus one space for each two employees.
(6)
Retail Stores. One parking space for each 100 square feet of gross retailing floor area plus one space for each two employees.
(7)
Home Occupations. Two additional spaces plus employee parking.
(8)
Furniture Stores. One parking space for each 200 square feet of gross retail floor area plus one space for each two employees.
(9)
Wholesale Establishments or Warehouses. One parking space for each two employees per shift but at least one space for each 5,000 square feet of gross floor area.
(10)
Industrial and General Commercial Uses Not Otherwise Specified. One parking space for each two employees on maximum shift but at least one space for each 5,000 square feet of gross floor area.
(11)
Offices. One space for each 200 square feet of net rentable floor area.
(12)
Bowling Alleys. Five spaces for each lane.
(13)
Drive-in Establishments. One space for each 50 square feet of gross floor area plus one for each two employees.
(14)
Other Uses Not Specified. The same requirement as for the most similar use listed.
B.
Share Parking. One or more parking lots may be designed to service a multiple number of commercial uses so long as the total requirements shall be equal to the sum of the requirements of the component uses computed separately.
C.
Fractional Space. When required parking computations result in fractions, any fraction below 1/2 may be disregarded and any fraction over 1/2 shall be construed to require a full space.
D.
Reduction of Existing Parking. Off-street parking facilities existing at the effective date of this Chapter shall not subsequently be reduced to an amount less than that required under this Chapter for the particular district in which the off-street parking facilities are located.
E.
Paving. All required parking areas and all access drives for commercial or industrial uses shall have a hard surface, all weather pavement.
F.
Parking and Storage of Certain Vehicles. Automotive vehicles, boats or trailers of any kind or type without current license plates shall not be parked or stored either on any public street or on any residentially zoned property other than in completely enclosed buildings.
G.
Parking Within Front Yard. Required parking shall be permitted within required front or side yards except where otherwise stated within this Chapter.
H.
Services. No repair to or maintenance of vehicles of any kind, except emergency repairs, shall be permitted in any accessory parking facility.
I.
Parking lots may not abut other properties in a residential area or areas adjacent to residential areas. In such cases, a five-foot wide landscaped and screened strip must be provided.
2.
Off-Street Truck Loading.
A.
Required Loading Spaces. Every building or structure, lot or land hereafter put to a business or industrial use or existing building or structure enlarged shall provide one off-street truck loading space for the first 10,000 square feet or less of gross floor area, plus a minimum of one additional off-street truck loading area for each additional 40,000 square feet of gross floor area.
B.
Size of Truck Loading Space. An off-street truck loading space shall have a minimum of 12 feet in width, a minimum of 35 feet in length and a minimum clearance height of 14 feet.
§ 506 Variances.
[Ord. 100, 10/12/1993, § 506]
1.
If compliance with the requirements of this Chapter would result in an exceptional hardship for a prospective builder, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. Applications for variances shall be obtained from the Code Enforcement Officer.
2.
Requests for variances to the strict application of the provisions of this Chapter may be granted by the Zoning Hearing Board in accordance with the following procedures and criteria:
A.
No variance shall be granted for any construction, development, use or actively within any Designated Floodway (FW) District, unless approval is granted from the Federal Insurance Administration (FIA) or its successor agency. See Part 4.
B.
If granted, a variance shall involve only the least modification necessary to provide relief.
C.
In granting any variance, the Zoning Hearing Board may attach whatever reasonable conditions and safe guards it considers necessary in order to protect tect the public health, safety and welfare, and to achieve the objectives of this Chapter.
E.
In reviewing a request for a variance, the Zoning Hearing Board shall have based its determination upon the factors set forth in § 910.2 of the Municipalities Planning Code, as amended from time to time.
§ 507 Violations.
[Ord. 100, 10/12/1993, § 507; as amended by Ord. 112, 6/11/1996, §§ 1,2; as amended by Ord. 119, 4/14/1998]
1.
Notice of Violation. When written notice of violation of any of the provisions of this Chapter has been served by the Code Enforcement Officer on the owner, agent or occupant, such violation shall be discontinued immediately.
2.
Enforcement Remedies.
A.
Notice of Violation. When written notice of violation of any of the provisions of this Chapter has been served by the Code Enforcement Officer or the person so authorized by the Board of Supervisors to enforce this Chapter, on the person, partnership or corporation, such violation shall be discontinued immediately.
B.
Enforcement Remedies.
(1)
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeal the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the court determining that there has been a violation further determines that there was a good faith bass for the person, partnership or corporation violating this Chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the court and thereafter each day that a violation continues shall constitute a separate violation.
(2)
The Court of Common Pleas of Northumberland County, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(3)
Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section.
(4)
District justices shall have initial jurisdiction over proceedings brought under this Section.
3.
Remedies. In case any building, or structure, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Supervisors of Ralpho Township, or, with the approval of the Board of Supervisors, the Code Enforcement Officer, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure or land or to prevent, in or about such premises, any act, conduct or business use constituting a violation.
§ 508 Standards for Communications Towers as Special Exceptions.
[Ord. 100, 10/12/1993, § 508; as added by Ord. 122, 9/8/1998, § 3]
1.
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennae.
2.
The applicant shall demonstrate that the proposed communications tower and communications antennae proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
3.
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable Ralpho Township Ordinances.
4.
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennae on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
A.
The proposed antennae and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
B.
The proposed antennae and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
C.
Such existing structures do not have adequate locations, space, access or height to accommodate the proposed equipment or allow it to perform its intended function.
D.
Addition of the proposed antennae and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
E.
A commercially reasonable agreement could not be reached with the owners of such structures.
§ 509 Regulations Governing Communications Antennae and Communications Equipment Buildings.
[Ord. 100, 10/12/1993, § 509; as added by Ord. 122, 9/8/1998, § 4]
1.
Building mounted communications antennae shall not be located on any single-family dwelling or two-family dwelling.
2.
Building mounted communications antennae shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
3.
Omnidirectional or whip communications antennae shall not exceed 20 feet in height and seven inches in diameter.
4.
Directional or panel communications antennae shall not exceed five feet in height and three feet in width.
5.
An applicant proposing communications antennae to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antennae location.
6.
Any applicant proposing communications antennae to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennae will be mounted on the structure for review for compliance by the Ralpho Township Code Enforcement Officer.
7.
Communications antennae shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
8.
Communications antennae shall not cause radio frequency interference with other communications facilities located in Ralpho Township.
9.
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
10.
The owner or operator of communications antennae shall be licensed by the Federal Communications to operate such antennae.
11.
Communications facilities that cease to operate for 12 consecutive months shall be determined to have terminated operation and must be removed at the expense of the facility and/or property owner within 90 days after said determination is made.
12.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with dust-free all weather surface for its entire length.
13.
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements and for the zoning district.
14.
Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building is unmanned.
15.
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
16.
In the AF-Agriculture-Forest District, the maximum height of any communications tower shall be 150 feet; provided, however, that such height may be increased to no more than 200 feet; provided that required setbacks from adjoining property lines (not lease lines) are increased by one foot for each one foot of height in excess of 150 feet. In the Industrial Zoning District the maximum height of any communications tower shall be 180 feet.
17.
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.
18.
The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current "Structural Standards for Steel Antenna Tower and Antenna Supporting Structures," published by the Electrical Industrial Association/Telecommunications Industry Association as amended from time to time.
19.
The applicant shall submit a copy of its current Federal Communications License; the name, address and emergency telephone number for the operator of the communications tower; and 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 communications tower and communications antennae.
20.
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
21.
The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility to the general public.
22.
No sites or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
23.
One off-street parking space shall be provided within the fenced area.
24.
The height restrictions set forth in this Section shall superseded the height limitations set forth in §§ 401(6) or 406(5).
§ 510 Standards for Campgrounds as Special Exceptions.
[Ord. 179, 3/11/2014]
1.
Special Exception. A campground may be permitted as a special exception in the AF Agriculture-Forest District with the minimum requirements as hereinafter set forth. No campground shall be located or constructed in a manner or at a location inconsistent with the Ralpho Township Floodplain Management Ordinance or the provisions of this section.
2.
Area and Bulk Requirements.
A.
Lot Area. The minimum lot area for every campground hereafter developed shall be 10 contiguous acres. Any newly created individual campsites shall contain a minimum area of 1,500 square feet, with a minimum width of 35 feet. For individual campsites existing on the effective date of this section, a minimum area size of 1,000 square feet is required, with a minimum width of 25 feet.
B.
Setbacks. No camping site, structure or campground accessory building shall be located within 25 feet of any property line or public right-of-way or within 150 feet of any nonaffiliated, inhabited residence at the time the campsite is established.
C.
Density. No more than 16 campsites shall exist per acre.
3.
Site construction/identification. Each campsite shall have a clear, level, well-drained pad for accommodating the camper. Each campsite shall further be clearly identified with a permanent placard or similar sign sufficient for prompt identification of the site by emergency services personnel.
4.
Parking. Parking for two vehicles on a clean, well-drained area shall be provided at each campsite. The campground shall establish a general parking lot for overflow parking in accord with the Ralpho Township Code with one overflow parking spot for every five campsites. Parking area for three vehicles shall be provided for each cabin and no additional overflow parking spots will be required. Existing campgrounds shall use their best efforts to comply with said requirement, as determined by the Code Enforcement Officer.
5.
Streets and Roads. Streets and roads within the campsite shall be constructed and improved as to provide safe and convenient travel. One-way streets shall be posted and have an approved surface width of not less than 12 feet. Two-way streets shall have an approved surface width of not less than 25 feet. If existing campgrounds do not have the required width for more than 500 feet, designated pull-off areas shall be created to allow two campers to pass.
A.
Streets and roads shall be graded to provide positive drainage from the road surface. Drains and culverts shall be provided as necessary to maintain proper drainage.
B.
Streets and roads shall have a maximum grade of 6% with four sections of no more than 100 feet in length which may exceed 6%, but in no case shall a one-hundred-foot section exceed 10%.
C.
Streets and roads shall be gravel or otherwise all-weather constructed and maintained as necessary to control dust.
6.
Flood concerns.
A.
No camper shall be permitted in the floodway except between April 1 and October 15 of each year. (Said time period is hereinafter referred to as "camping season.")
B.
All campers located in the floodway need to display a current state inspection, be properly licensed and be otherwise roadworthy.
C.
It is specifically understood that outside of the camping season, no camper, tents, picnic tables, storage sheds, fireplaces, fireboxes, appliances, camping gear, or any other materials, man-made or otherwise, that could be buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal or plant life shall be in the floodway or floodplain. Without exception, from October 16 until March 31, all such items shall be stored outside of the floodway or floodplain. Even during the camping season, no appliances shall remain outdoors unless a person is physically present at the campsite.
D.
No decks, structures, or any other type of construction shall be allowed in the floodway except upon issuance a building permit from the Township and an encroachment permit from the Department of Environmental Protection.
7.
Permanent Structures Prohibited. No structure, improvement, or mobile home designed for permanent occupancy shall be erected or placed on any campsite unless it otherwise meets all requirements of the Ralpho Township Code for said placement. Such contemplated structures include the camp office, restroom and shower facilities, camp store, recreation facilities and all other camp-related structures, improvements, or facilities. Nonetheless, if approved during the special exception process, a cabin, as hereinbefore defined, placed outside of a flood area may be built under the following circumstances:
A.
Cabins may not exceed 500 square feet.
B.
The number of occupants shall not exceed one person per 50 square feet.
C.
No more than three cabins shall be placed on an acre of ground. For purposes of calculating density under § 510.2.C, a cabin shall count and take the place of six campsites.
D.
All cabins shall have a working smoke detector and carbon monoxide detector in the cabin and one additional smoke detector in each sleeping area.
E.
The cabin itself shall comply with all other State or Federal rules and regulations.
8.
SALDO Compliance. The creation or expansion of campgrounds or similar recreational land developments is specifically deemed to be "land development" and shall meet all the requirements as set forth in the Ralpho Township Subdivision and Land Development Ordinance,[1] as well as all other applicable zoning, local, State, and Federal ordinances and regulations.
9.
Campground Facility Maintenance. The campground owner shall be responsible for the maintenance of all campground facilities, including areas designated as open space, streets, sewage disposal, water supply systems and solid waste collection as further set forth below.
A.
An adequate supply of water approved by the Pennsylvania Department of Environmental Protection shall be furnished from a public water supply system or from a private water system conforming to all applicable laws, regulations, resolutions and ordinances with supply faucets located at convenient locations throughout the campground.
B.
Each campground shall provide sanitary facilities to the campground, consisting of sinks, toilets and showers, in accord with the Pennsylvania Code. All wastewater from a faucet, toilet, tub, shower, sink, drain, washing machine, garbage disposal unit, or laundry shall empty into an approved sewer system installed in accord with State and Township regulations.
C.
All sites for campers shall include campsite electrical connections, trailer water taps, a direct sanitary sewer connection, or a sufficient plan to provide for the sanitary disposal of wastewater generated at the campsite.
D.
Centrally located garbage disposal facilities for general use shall be provided at the campground and be maintained outside the floodway at all times. Those disposal facilities shall be a sufficient size to accommodate the amount of solid waste generated at the campground, and a licensed garbage hauler shall be contracted to maintain the facilities at any time the campground is operating. All refuse at individual campsites shall be placed and kept in an airtight receptacle, and no individual camper or owner shall permit the accumulation of litter or refuse at any individual campsite.
10.
Compliance With State and Other Rules and Regulations.
A.
All campgrounds shall comply with the rules and regulations of the Commonwealth of Pennsylvania, Department of Health and Safety, as more fully set forth in Title 28, Chapter 19, Organized Camps and Campgrounds, of the Pennsylvania Code, as subsequently amended.
B.
All campgrounds shall comply with the rules and regulations of the Commonwealth of Pennsylvania, Department of Environmental Protection, as more fully set forth in Title 25 of the Pennsylvania Code, as subsequently amended.
C.
The campgrounds shall comply with all laws, ordinances, rules and regulations passed by the Federal, State, local or other government or government agency.
11.
Animal Limitation. No animals shall be kept or maintained on any campsite, except for no more than two normal household pets. Any household pets shall be confined so as not to become a nuisance.
12.
Nuisances Prohibited. No noxious or offensive activities, noises or nuisances shall be permitted on any campsite.
13.
Permit and Site Plan Required.
A.
Any person operating a campground within the Township at the time of adoption of this section shall make application for a permit, including providing a plan of the existing campground as more fully set forth below, prior to March 1, 2013.
B.
The application for the permit shall be submitted on a form provided by the Code Enforcement Officer. Upon completion, it shall be submitted to the Code Enforcement Officer for consideration with the appropriate fee.
C.
The initial campground permit fee shall be $35 and $3 per camping space and $10 per cabin. Notwithstanding the above, the maximum initial campground permit fee will be $500. Such permit shall expire on December 31 of each year and must be renewed annually on or before April 1 of the following year. If no additional campsites have been added, the renewal fee will be $50. If there have been additional campsites added, the fee will be $50 and $3 for each additional camping space and $10 for any additional cabin. For both the initial application and any annual renewal, an inspection is required.
D.
In the event the Code Enforcement Officer issues a campground permit, no change or alteration of the presently permitted camp shall be made without contacting the Code Enforcement Officer and filling out an additional application for the change or alteration.
E.
The Code Enforcement Officer may revoke, suspend, or refuse to renew a permit at such time as there is evidence of noncompliance with this section.
F.
The initial application for a campground permit shall be accompanied by a plan for the entire campground. Such plan shall include the location of all streets and roads, campsites, available utilities, buildings, recreation areas, parking lots and other facilities. This plan need not be done by a licensed surveyor or engineer. It may be prepared by the owner or his or her designee. However, the plan shall provide an appropriate scale to enable ease of review and adequate detail of the facilities on site.
G.
The plan shall also show property lines, flood lines, adjacent properties, waterways, and related items of note on the site.
H.
The Code Enforcement Officer shall examine the plan to determine which violations of this Section, if any, are dangerous or present immediate and serious health or welfare concerns. In such event, proof of correction shall be required prior to issuance of a permit.
I.
If the violations are not such that present immediate health and welfare concerns, the deficiencies shall be specifically written out on the permit or any supplemental correspondence and given to the owner. Within 90 days of the notice of deficiencies, the campground shall submit a plan for complying with the requirements of this Section and, not less than two years of the date of this Section, implement the plan to comply with the regulations and standards herein. In the event of noncompliance after the two-year period, no permit shall be issued under any circumstance.
J.
Upon a clear showing that compliance with the requirements and standards of this Section would render the existing site impractical for camping purposes, the Code Enforcement Officer may excuse compliance with those requirements and standards; provided, however, that such undue hardship does not violate the intent of this Section and/or endanger the health, safety, morals or general welfare of the public.
K.
It shall be unlawful for any person to construct or maintain a campground within Ralpho Township, Northumberland County, Pennsylvania, without first having secured a permit from the Township Code Enforcement Officer.
14.
Enforcement/Inspection.
A.
The Code Enforcement Officer, Township Engineer, Township police or any other authorized Township official may inspect the campground as necessary to insure compliance with this Section. At least monthly during the camping season, the Code Enforcement Officer shall make an inspection of all Township campgrounds. Thereafter, the Code Enforcement Officer may make a report to the Board at any subsequent meeting on any concerns or health, safety, or sanitary violations found at the campground.
B.
The Code Enforcement Officer shall have the ability to issue violation notices to the campground owner or individual camper, as the case may be, for any violations of this Section. The amount of the fine shall, in the discretion of the Code Enforcement Officer, range between $20 and $50. Said fine shall be paid to the Township office within 10 days of the issuance of the violation. In the event that such fine is not paid, the Township shall have the authority to issue a civil or criminal enforcement notice before the Magisterial District Judge to collect the unpaid fine. In addition to the fine, a Township shall also recover all costs of prosecution, including time spent by the Code Enforcement Officer, consultant, Engineer, and/or Solicitor, as well as any other costs incurred pursuing the violation.
C.
In addition to the above, any person violating any provisions of this Section shall, upon conviction thereof in a summary proceeding filed by the Township before the Magisterial District Judge, pay a fine of not less than $50 nor more than $300 for use by Ralpho Township. Each day that the violation continues shall constitute a separate violation. In default of payment of any fines or costs imposed under the provisions of this Section, any person so convicted will have a permit lifted and may also be committed to the county jail for a period not exceeding 30 days.
D.
In addition to the penalties set forth in the subsections, above, the Code Enforcement Officer is hereby authorized to issue stop, cease and desist orders to any persons who violate any provisions of this Section, as well as instituting any appropriate action or proceedings, at law or in equity, to enjoin and restrain any such person from violating any provision of this Section.
15.
Joint and Several Liability. The offender shall be primarily responsible for violation of this Section. However, should the owner of the campground become aware of impending or ongoing violations of this Section and not take reasonable steps to advise the offender of the violation, the campground owner shall be jointly and severally liable for any violation of this Section.
16.
Section 510 to be Displayed. The campground permit and a copy of this Section shall be on display in a conspicuous place or places at the campground at all times.
17.
Registry Required. It shall be the duty of the owner to keep a register of all campers present at the campground, including the name and address of the owner or occupant as well as confirmation that the camper displays a current inspection sticker. Said register shall be open at all times to the inspection by the Code Enforcement Officer or other authorized Township official. In addition, the owner shall prescribe rules and regulations for the management of the campground and make adequate provision for the enforcement of such rules. Those rules shall be consistent with this Section and be provided to the Code Enforcement Officer with the permit application.