Robinson Township City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 300-59 Floodplain districts.
The floodplain districts (including floodway and flood-fringe areas), as established by Robinson Township Floodplain District Ordinance (Ordinance No. 1-1982, and any subsequent amendments or revisions thereto) (Chapter 140 of the Code), shall be an overlay to the underlying zoning districts shown on the Official Zoning Maps. The provisions for a floodplain district shall supplement the underlying district provisions contained in this chapter. No zoning approval permit, building permit or certificate of occupancy shall be issued to any use or structure unless the required floodplain building permit has been obtained.
§ 300-60 Airport zoning regulations.
Any property in Robinson Township which is located within the area designated on the Greater Pittsburgh International Airport Notice of Construction or Alteration Map is thereby subject to the regulations promulgated by Allegheny County regarding said construction. The Greater Pittsburgh International Airport Zoning Regulations of December 1977, promulgated by the Allegheny County Airport Zoning Commission, and any subsequent amendments or revisions thereto, are hereby made a part of this chapter. Any construction or alteration within the applicable zone must adhere to the procedures set forth in the above applicable regulations.
§ 300-61 Steep slope areas/landslide-prone soils/fill areas.
A.
All excavation, fill and grading shall comply with the Robinson Township Grading Ordinance, Ordinance No. 13-1992 (Chapter 146 of the Code), and/or any amendments thereto.
B.
No structure may be built on an area known to be landslide-prone as identified by the County Landslide Hazard Data or Soils Map, or which has an average natural slope over 25%, or which is a previous fill area, unless:
(1)
The foundation plans and proposed cuts and fills have been approved and certified as to stability by a registered professional engineer specializing in geotechnical engineering. Such plans shall be submitted along with the application for a zoning approval permit.
(2)
Prior to issuance of the zoning approval permit, a contract or other form of agreement, approved as to form by the Robinson Township Solicitor, has been duly executed, indemnifying Robinson Township from any actions taken because of soil movements during or after construction.
(3)
The minimum lot area required in the zoning district is increased by 50%, and the minimum lot width required in the zoning district is increased by 50%.
C.
Natural slopes in excess of 40% shall not be disturbed by alteration, construction or removal of vegetation, other than the removal of dead or diseased trees or other vegetation, except that any area within a public or private right-of-way or easement may be disturbed to the extent necessary to provide public or private streets or public essential services.
D.
No slope shall be altered except in accordance with approved plans to meet foundation, parking and the drainage requirements of this chapter. Plans for development and construction shall minimize cut and fill operations.
E.
Fills shall not encroach upon natural watercourses, their floodplains or constructed channels in a manner so as to adversely affect other properties.
F.
All finished cut and fill slopes shall have a slope of not more than two feet horizontal for every one-foot vertical.
G.
All cut and fill slopes greater than 20 feet in elevation or depression must be designed by a certified soils engineer or a certified geologist. The soils engineer or geologist who designs the slope must certify that it is stable upon completion. The Robinson Township Engineer may require that a fence or other barrier be placed in a location which will prevent anyone from nearby properties access to a cut or fill slope.
H.
No cutting, fill or other disturbing of land or natural vegetation is permissible within 50 feet of the edge of perennial and intermittent streams, except as permitted by variance granted under Robinson Township Floodplain Management Ordinance (Chapter 140).
I.
All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed shall be appropriately finished and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within 30 days after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur within 30 days of April 1.
J.
During nongrowing seasons, appropriate measures shall be taken, such as, but not limited to, siltation dams to prevent erosion by wind or water. In addition to the measures stated above, the developer/property owner shall provide assurances that all requirements will be complied with at the beginning of the next growing season.
K.
Development shall be accomplished so as to minimize adverse effects upon the natural or existing topography and soil conditions and to minimize the potential for erosion.
L.
Land shall be developed in increments of workable size which can be completed during a single construction season. Erosion and sediment control measures shall be coordinated with the sequence of grading, development and construction operations. Control measures such as hydroseeding, berms, interceptor ditches, terraces and sediment traps shall be put into effect prior to the commencement of each increment of the development/construction process.
M.
Sediment basins (debris basins, desilting basins, or silt traps) shall be installed in conjunction with the initial site preparation operations and maintained through the development process to remove sediment from runoff waters draining from land undergoing development.
N.
Existing trees shall not be cut or otherwise damaged or destroyed within portions of property where they are required to be preserved by this chapter to meet the bufferyard and landscaping requirements.
O.
Damage to vegetation on stream banks shall be minimized such that all living trees shall be retained within 50 feet on each bank of any stream, except where road or utility right-of-way or stream retention ponds and related drainage improvements are proposed which meet the requirements of Robinson Township Floodplain Management Ordinance (Chapter 140).
P.
No paving with concrete, asphalt or other impervious material or cutting or filling or other earth-disturbing activities shall be permitted within the tree crown zone (area within the outside diameter of a tree's branches) of any tree to be preserved.
Q.
Soil and other materials shall not be temporarily or permanently stored in locations which would cause suffocation of root systems of trees to be preserved.
§ 300-62 Stormwater management.
Any landowner or any person engaged in the alteration or development of land which may affect stormwater management runoff characteristics shall comply with the Robinson Township Stormwater Management Ordinance, No. 6-1990, and/or any amendments thereto (Chapter 240).
§ 300-63 Performance standards.
All uses hereafter established, enlarged, extended, altered or reconstructed in any zoning district shall comply with the performance standards contained in this section:
A.
Fire and explosive hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire-fighting equipment as specified by the Department of Labor and Industry and the laws of and regulations of the Commonwealth of Pennsylvania, Allegheny County and Robinson Township.
B.
Radioactivity or electrical disturbances. There shall be no activities which emit radioactivity at any point beyond the most recent threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator.
C.
Smoke, ash, dust, fumes, vapors and gases. There shall be no emission of smoke, ash, dust, fumes, vapors or gases which violates applicable federal, state or county laws and regulations.
D.
Liquid and solid wastes. There shall be no discharge at any point into any public or private sewage system or watercourse or into the ground of any materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws and regulations of the Commonwealth of Pennsylvania and Allegheny County and local authorities. All required discharge and disposal permits shall be obtained.
E.
Glare. No direct or reflected glare, whether from any lighting source or production operation, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level. Glare shall be defined as direct or indirect light from such activities of greater than 1/2 footcandle at habitable levels on any adjoining property. All lighting devices located within 100 feet of a property line adjoining residential use or zoning classification shall be designed with shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than 90°. ("Cutoff angle" is defined as the "angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.")
F.
Odor. There shall be no emission of odorous gases or other matter in such quantities as to be offensive on adjoining streets or adjacent lots. Odor thresholds shall be measured in accordance with ASTM d1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."
G.
Noise.
(1)
No operation or activity shall cause or create noise in excess of the sound levels prescribed below. For the purpose of this chapter, the noise level shall be measured in decibels (dBA) which indicate the sound pressure level obtained from a frequency weighing network corresponding to the A-scale on a standard sound level meter.
(a)
Residential districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 60 dBA for four hours within a twenty-four-hour equivalent period.
(b)
Commercial districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 65 dBA for eight hours within a twenty-four-hour equivalent period.
(c)
Industrial districts. At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of 75 dBA.
(d)
Where two zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive of the noise level standards shall govern.
(e)
The following uses or activities shall be exempted from the noise regulations: noises emanating from construction and/or maintenance activities between 7:00 a.m. and 9:00 p.m.; noises caused by safety signals, warning devices and other emergency-related activities or uses.
(2)
In addition to the above regulations, all uses and activities within Robinson Township shall conform to any applicable county, state or federal noise regulations. Wherever the regulations contained herein are in variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
H.
Storage of refuse. All garbage, trash and rubbish shall be stored in enclosed vermin-proof containers. All rubbish containers for multiple-family dwellings, commercial and industrial establishments shall be screened from adjacent uses and streets by a six-foot-high hedge, fence or other opaque structure.
I.
Determination of compliance with performance standards. During the review of the zoning application, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this section. In reviewing such documentation, Township officials may seek the assistance of any public agency having jurisdiction or interest in the particular issues, or Robinson Township may seek advice from a qualified technical expert. All costs for the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this section shall be a basis for denying approval of the zoning application.
J.
Continuing enforcement. The Zoning Officer shall investigate any purported violation in the performance standards and, subject to the approval of the Board of Commissioners, may employ qualified technical experts to assist in the determination of a violation. Costs for the services of such experts shall be paid by the owner or operator of the facility accused of the violation, if the facility is deemed to be in violation. If no violation is determined, the cost of such experts shall be paid by Robinson Township. If the facility is found to be in violation, the owner or operator shall be given written notice of the violation(s) in accordance with § 300-26 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation within the stated time shall be a violation of this chapter and shall result in a revocation of the occupancy permit for the facility.
§ 300-64 Farms.
B.
Permitted activities. Permitted activities include growing of crops; breeding, raising and hatching of poultry, fowl, rabbits, fish, frogs or bees; the raising and breeding (but not slaughtering) of cows, sheep, horses, goats or hogs; stables for the above animals; a kennel for dogs.
C.
A commercial feedlot operation shall not be permitted.
D.
No farm operations, with the exception of the farm residence, shall be conducted within 50 feet of a residential use or within 50 feet of a residential zoning district.
E.
No structure in which animals are kept shall be closer than 200 feet from any adjoining lot line.
F.
No storage of manure or odor- and/or dust-producing substances shall be permitted within 200 feet of any adjoining lot line.
§ 300-65 Multiple-structure developments.
Where allowed by the zoning district regulations, more than one principal industrial, commercial, multiple-family or institutional building may be erected upon a single zoning lot or parcel, provided the following guidelines are met:
A.
All yards, open spaces and buffer areas required by the district regulations shall be maintained around the boundaries of the tract.
B.
Unless otherwise specified in the district regulations, all principal structures within a multiple-structure development must be separated by at least 30 feet. Buildings over five stories shall maintain an additional separation of 10 feet for every story over the fifth story.
C.
Adequate fire lanes, approved by Robinson Township or County Fire Marshal, shall be provided for each structure along with on-site fireplugs.
D.
When more than one multiple-family dwelling building is erected upon a single lot or tract, except within an approved planned residential development, the minimum building spacing between principal structures which shall be maintained is as follows:
E.
Buildings over five stories shall maintain an additional separation of 10 feet for every story over five.
§ 300-66 Non-family member accommodations.
A.
Any single-family dwelling occupied by a family whose members are related by blood, marriage or adoption may also accommodate not more than two unrelated boarders. One off-street parking space shall be provided on the premises for each boarder or roomer to be accommodated.
B.
Any single-family dwelling occupied by a family whose members are related by blood, marriage or adoption, and containing no boarders or roomers, may also accommodate foster persons, placed by court order.
§ 300-67 Animals.
§ 300-68 Clear sight distances at intersections.
A clear sight triangle, as defined by this chapter, must be maintained at all intersections of public and/or private streets in all zoning districts. Required sight distances along intersecting roads shall be in accordance with the current applicable PennDOT standards.
§ 300-69 Prohibited storage in residential yards.
A.
In all residential districts, the accumulation of waste, used or secondhand materials, scrap materials, scrap metals, dismantled vehicles, paper, rags, tires or construction materials is prohibited, except where such materials are being immediately used in improvement or construction of an approved use or structure. Garbage and rubbish stored in appropriate containers originating from and stored upon residential lots is permitted, provided that said garbage and rubbish is removed from the premises at least once every two weeks.
B.
It shall be unlawful to park or store any commercial vehicle, as defined herein, outside an enclosed building on any residential lot. Recreational vehicles, as defined herein, shall be stored behind the front building line of any residential lot. Recreational vehicles shall not be used for dwelling purposes while parked or stored on any residential lot.
§ 300-70 Public rights-of-way and other easements.
No structure shall be built within or above an easement or public right-of-way.
§ 300-71 Landscaping.
All areas of a developed property which are not covered by buildings, structures, parking areas or other site improvements, except those that are left in a natural, undisturbed state, shall be suitably landscaped with trees, shrubs or other ground cover to prevent excessive stormwater runoff, erosion, dust or mud conditions. Under no circumstances shall any area be left uncovered to contribute to problems of dust, runoff, erosion and similar conditions. Landscaping shall be provided in accordance with the following specifications:
A.
Planting required in bufferyards, as outlined in § 300-72, shall not be substituted for any required planting mandated in this section.
B.
All trees which are required to be planted by this section shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
C.
For each tree which is a minimum of four inches in diameter at a point one foot above the ground which is removed during site preparation and building construction, one deciduous tree shall be planted on the site.
D.
At least one deciduous tree shall be planted for each 500 square feet of lot area occupied by the footprint in conjunction with any development.
E.
Any existing trees which are not disturbed and are not located within a required bufferyard and are a minimum of four inches in diameter at a point one foot above the ground shall count towards the required number of trees to be planted outside of the bufferyard.
F.
Landscaping of paved areas and parking areas. Areas devoted to parking for more than 10 vehicles shall include interior landscaping of at least 10 square feet per car space, and one tree for each 10 parking spaces shall be installed.
G.
Landscaping of yard areas. All yard areas not utilized for structures, parking facilities, driveways, bufferyards or planting strips shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within 30 days after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding must occur within 30 days of April 1.
H.
Maintenance of landscaping. It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping, including planting in bufferyards, and to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes.
§ 300-72 Bufferyards.
Whenever a bufferyard is required by this chapter, it shall comply with the following standards and requirements.
A.
Bufferyard A.
(1)
No structures or uses, including, but not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices, may be located closer than 35 feet to any side or rear lot line.
(2)
Bufferyard A shall contain two rows of planting. Each row shall consist of a mixture of deciduous (30%) and evergreen (70%) trees spaced within the row 10 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in the manner shown on the drawings which areincluded as an attachment to this chapter, which shall result in adjacent trees in the two different rows being no more than five feet apart, measured from the vertical center line of the trees.
B.
Bufferyard B.
(1)
No structures or uses, including, but not limited to, buildings, accessory structures, parking spaces, access driveways and lighting devices, may be located any closer than 25 feet to any side or rear lot line.
(2)
Bufferyard B shall contain a row of planting which shall be comprised of a mixture of deciduous (30%) and evergreen (70%) trees. These trees shall be spaced 10 feet apart, measured from the center of the trees.
C.
Bufferyard C.
(1)
No structures or uses, including, but not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices, may be located any closer than 10 feet to any side or rear lot line.
(2)
Bufferyard C shall contain a row of planting which shall be comprised of a mixture of deciduous (30%) and evergreen (70%) trees. These trees shall be spaced 10 feet apart, measured from the center of the trees.
D.
Bufferyard D.
(1)
No structures or uses, including, but not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices, may be located any closer than five feet to any side or rear lot line.
(2)
Bufferyard D shall contain a row of planting which shall be comprised of a mixture of deciduous (30%) and evergreen (70%) trees. These trees shall be spaced no more than 15 feet apart, measured from the center of the trees.
E.
Low-level screen. In Bufferyards A, B and C, in addition to the plantings required by Subsections A, B and C above, a row of low-level evergreen shrubs or hedges shall be planted or earthen mounding shall be constructed in the bufferyard which shall provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars. These low-level shrubs, hedges or mounds shall be of such height that anyone facing a passenger car with the shrubs, hedges or mounds between them and the car could observe the car's low-beam lights only as a result of the diffused or reflected light from the headlights and not because the main, direct beam from those lights was observable.
F.
Schedule of bufferyard requirements.
Required Bufferyard | |||||
|---|---|---|---|---|---|
Development Proposed | A | B | C | D | |
Multiple-family | |||||
Adjoining single-family or two-family | X | ||||
Adjoining multiple-family | X | ||||
Adjoining undeveloped R district | X | ||||
Adjoining any commercial | X | ||||
Adjoining any industrial | X | ||||
Adjoining any S-1 District | X | ||||
Commercial | |||||
Adjoining single-family or two-family | X | ||||
Adjoining multiple-family use | X | ||||
Adjoining undeveloped R district | X | ||||
Adjoining any commercial use | X | ||||
Adjoining any industrial use | X | ||||
Adjoining any S-1 District | X | ||||
Industrial | |||||
Adjoining any R district | X | ||||
Adjoining any undeveloped R district | X | ||||
Adjoining any commercial use | X | ||||
Adjoining any industrial use | X | ||||
Adjoining any S-1 District | X | ||||
(1)
When the bufferyard width specified above is in conflict with the provisions of this chapter or any other ordinance of Robinson Township, the greater distance shall apply. The planting requirement shall be adhered to regardless of what the yard requirement is.
G.
Multiple buildings or multiple lots. In the instance where multiple buildings are proposed on a single lot or where several lots are proposed to be developed by a single owner, whether in a single or several phases, the bufferyard requirements shall apply to the exterior perimeter of the site proposed for development, provided a development plan for the entire site is submitted initially which shows compliance with the applicable bufferyard requirements.
H.
Exceptions to bufferyard requirements. The Planning Commission may waive the requirement for planting in the required bufferyard where existing vegetation or existing or proposed differences in elevation exist along the property lines where a bufferyard is required which duplicate the effect of the required bufferyard.
I.
Existing structures in bufferyards. In instances where any existing principal or accessory structure is located within any required bufferyard, a bufferyard of not less than the minimum distance from the existing structure to the property line shall be required. This reduced bufferyard width shall apply only to the yard area upon which the existing structure encroaches. If the existing structure is located within the required bufferyard on one side of the building, the required bufferyard as determined by Subsection F shall apply on all other yard areas. All planting requirements shall be adhered to regardless of the bufferyard width.
J.
Existing trees in bufferyards.
(1)
Any existing trees within the required bufferyard which are a minimum of four inches in diameter at a point one foot above the ground shall be preserved and shall count as a required tree within the bufferyard. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required bufferyard.
(2)
Where such trees already exist within the required bufferyard, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees in the bufferyard must be removed in conjunction with development, a written request to remove such trees must be submitted to Robinson Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until Robinson Township has given written authorization permitting this.
(3)
When any trees, regardless of their physical condition, are removed from the required bufferyard, they shall be replaced by trees suitable to the environment, if needed to maintain the number of trees required by this section. All such replacement planting shall be in accordance with accepted conservation practices.
K.
Size of trees to be planted in bufferyards. All trees required to be planted within the bufferyard shall be a minimum of two inches in diameter at a point one foot above the ground, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices. All required trees shall be a minimum of six feet in height at time of planting, measured from the ground adjacent to the planted tree to the top of the tree.
L.
Use of bufferyards.
(1)
Stormwater management facilities and structures may be maintained within a bufferyard, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
(2)
A bufferyard may be used for passive recreation or may contain pedestrian, bike or equestrian trails, provided that no required plant material is eliminated and the total width of the bufferyard is maintained.
§ 300-73 General provisions for accessory uses and structures.
A.
Permitted accessory uses. Accessory uses permitted by this chapter include but are not limited to:
(1)
A child's playhouse, garden house, gazebo and private greenhouse (used exclusively by the occupants to cultivate plants as an avocation).
(2)
A civil defense shelter for not more than two families.
(3)
A carport, shed or building for domestic storage, or storage of a boat, trailer or camper.
(4)
Private residential swimming pool, tennis court or similar private recreational facility.
(5)
In-home day care, as defined herein.
(6)
Fences, as regulated herein.
(7)
Signs, except billboards, as regulated herein.
(8)
Satellite dish antennas, as regulated herein.
(9)
Storage of merchandise normally carried in stock on the same lot with any retail or commercial use, unless such storage is excluded by the district regulations.
(10)
Storage of goods used in or produced by manufacturing activities on the same lot or parcel with such activities, unless such storage is excluded by the district regulations.
(11)
Off-street motor vehicle parking areas and loading facilities.
(12)
Restaurants, drugstores, gift shops, taverns/bars, or newsstands, when approved as an accessory use to a permitted hotel, motel or office building.
(13)
Employee restaurants and cafeterias, when located in a permitted commercial or industrial building.
(14)
In the C-1 District, amusement arcades with no more than one machine, device, table or other apparatus for the playing of games of skill or amusement.
(15)
In the C-2 District, amusement arcades with no more than five machines, devices, tables or other apparatus for the playing of games of skill or amusement.
(16)
In the C-4 and C-5 Districts, on-site security facilities, including, but not limited to, gatehouses or other controlled entrances and temporary living quarters for a caretaker, watchman or other security personnel.
(17)
In the C-4 and C-5 Districts, facilities for maintenance of the grounds and buildings on the site, including equipment storage buildings.
(18)
In the C-4 and C-5 Districts, facilities which provide health care, recreation and similar services or benefits for the employees, provided the use of such facilities is restricted to employees and their immediate families and is not made available to the general public.
(19)
In the I-1 District, business or professional offices accessory to the principal land use.
(20)
Accessory small solar energy systems.
[Added 12-6-2021 by Ord. No. 7-2021]
(21)
In the C-2 District accessory utility scale solar energy systems.
[Added 12-6-2021 by Ord. No. 7-2021]
B.
Accessory uses not permitted. None of the following shall be permitted as an accessory use:
(1)
Outdoor storage or overnight parking in a residential district of trucks, buses or other vehicles exceeding 9,000 pounds in gross vehicle weight or designated as Class III or above by the Pennsylvania Motor Vehicle Code, excluding a recreational vehicle, as defined by this chapter.
(2)
Outdoor storage of equipment, supplies or other materials, except as specifically permitted by the applicable zoning district regulations.
C.
Location of accessory structures and uses. The following standards shall apply unless otherwise specified in this chapter:
(1)
Accessory structures and uses, with the exception of authorized signs and fences, shall not be located in the required front yard of any lot in any residential district.
(2)
Accessory structures and uses in all zoning districts shall maintain the same side yard as is required for the principal structure located on the zoning lot.
(3)
Accessory structures and/or uses shall be permitted in a required rear yard, provided they are located no closer than 10 feet to a rear property line.
(4)
Accessory structures which are not part of the principal structure shall not cover more than 30% of the required rear yard area; pools, tennis courts, patios and similar open air facilities shall be excluded from this coverage limitation.
(5)
Accessory structures or uses shall not be located within a required buffer area except for fences or walls as regulated herein.
D.
Use limitations. All accessory structures and uses shall comply with the use limitations applicable in the zoning district in which they are located and with the following additional use limitations:
§ 300-74 Fences and walls.
A.
B.
Commercial and industrial districts. Fences may be placed in any yard in accordance with the following:
C.
General requirements.
(1)
No fence in any district shall be erected in such a manner so as to obstruct visibility at a street or driveway intersection, in accordance with § 300-68 of this chapter.
(2)
Fences for public or private tennis courts and similar outdoor recreational facilities may be erected up to 10 feet in height, if constructed of a chain link material.
(3)
A retaining wall of any height may be erected along any property line or in any required yard where it is needed to prevent a landslide or other hazardous condition.
(4)
Fences located along a property boundary shall be set back a minimum of 12 inches from the property line.
(5)
The finished side of the fence or wall shall always face the abutting properties or street.
(6)
The owner of any fence or wall is responsible for maintaining it in good repair. If a fence or wall is not being properly maintained, the Zoning Officer shall give written notice in accordance with § 300-26 to the owner to repair or remove the fence or wall within the time period stipulated by the notice. Failure to comply with the order shall be considered a violation of this chapter.
§ 300-75 Swimming pools.
A.
As an accessory structure in a residential area, pools and accessory deck areas shall be erected only in a rear yard, provided they are no closer than 10 feet to any lot line, or the distance of the required side yard for the zoning district in which it is located, or whichever is greater.
B.
In-ground pools in all zoning districts shall be enclosed by a fence, constituting a barrier to small children, at least five feet in height and equipped with a gate and lock. Fencing for a pool shall comply with the requirements of § 300-74 of this chapter.
C.
Aboveground pools in all zoning districts having vertical walls over five feet above ground level and removable steps are not required to be fenced, provided the owner shall remove said steps when the pool is not in use to prevent access by small children.
D.
Outdoor swimming pools constructed for public or semipublic use shall be enclosed by an eight-foot-high fence equipped with a gate and lock.
E.
All pools must receive a building permit and certificate of occupancy/compliance.
F.
The owner assumes all liability for erecting, maintaining, and using a swimming pool. Zoning approval by Robinson Township in no way ensures safety of construction, maintenance or operation, but only attests to compliance with the provisions of this chapter.
§ 300-76 Radio, television or satellite dish antenna.
A.
Radio or television antenna.
(1)
A radio or television antenna structure is a permissible accessory structure in any zoning district, subject to the requirements of this section.
(2)
A radio or television antenna structure may be mounted on a roof or installed in a rear yard area only, provided that no such structure shall be located within 20 feet of any property line.
(3)
The maximum height for such structure shall not exceed that otherwise allowed for accessory uses in the zoning district in which it is located by more than 20 feet. The maximum height of an antenna placed on a roof shall be six feet.
(4)
Any such structure shall comply with applicable Allegheny County airport zoning and federal regulations.
(5)
Radio or television antenna structures located on the ground shall be screened from adjacent properties by evergreen trees or other suitable material, as approved by Robinson Township.
B.
Satellite dish antenna structure.
(1)
A satellite dish antenna is a permissible accessory structure in any zoning district, subject to the requirements of this section.
(2)
A satellite dish antenna may be installed in a rear yard only, provided that no such structure shall be located within 10 feet of any property line.
(3)
When installed on the ground, the maximum height of a satellite dish antenna shall not exceed 14 feet when positioned vertically and shall have a maximum diameter of 10 feet.
(4)
A satellite dish antenna may be roof-mounted in R-4, R-5 and all commercial and industrial districts, provided that the maximum height shall not exceed 15 feet above the roofline when positioned vertically and the maximum diameter shall not exceed 12 feet.
(5)
When installed on the ground, satellite dish antennas shall be screened from adjacent properties by evergreen trees or other suitable materials, as approved by Robinson Township, provided that Robinson Township shall not require screening which obstructs the reception from the transmitting satellite.
C.
Variances to requirements. Any applicant may apply to the Zoning Hearing Board for a variance regarding the height, size or placement of a radio, television or satellite dish antenna when it can be demonstrated that the requirements of this section effectively preclude reception. Should the Zoning Hearing Board require expert technical assistance in making such a determination, the cost of such assistance shall be borne by the applicant.
§ 300-77 Temporary use of land.
B.
Conditions of approval for temporary uses.
(1)
Adequate off-street parking areas must be provided.
(2)
Adequate traffic and pedestrian access must be provided.
(3)
Any licenses and permits required to sell products or food or approvals from other governmental agencies shall be submitted prior to the issuance of the certificate of occupancy by Robinson Township.
(4)
Robinson Township Fire Marshal and Chief of Police shall be notified in writing of the temporary use.
(5)
If the applicant does not own the land on which the temporary use is to be located, a letter of agreement and/or permission between said applicant and the landowner shall be presented.
(6)
The applicant shall agree to indemnify and save harmless Robinson Township from any claims, demands or suits of any kind or nature that may arise as a result of the construction, installation, operation or maintenance of said temporary activity.
(7)
The applicant shall be responsible for conducting the temporary use or activity in a safe manner, within the conditions set forth by Robinson Township. This includes, but is not limited to, provisions for security, trash pickup and daily maintenance of the grounds.
C.
The Zoning Officer shall approve all applications for a temporary use prior to the issuance of a certificate of occupancy and may attach any reasonable conditions to the permission of said temporary use.
D.
The provisions of this section in no way shall be deemed to authorize the outdoor display of automobiles, trailer and equipment rentals, or the sale of used furniture, used appliances, used plumbing, used building material or similar display or sale, in any district except as specifically authorized by this chapter.
§ 300-78 Temporary construction structures.
Temporary structures incidental to the construction of a development project are permitted during construction but shall be removed as soon as an occupancy permit is granted for the structure or structures. In the case of a residential subdivision, temporary construction structures must be removed when 25% of the homes are built.
§ 300-78.1 Solar energy systems.
[Added 12-6-2021 by Ord. No. 7-2021]
A.
Accessory utility scale solar energy systems.
(1)
Regulations applicable to all accessory utility scale solar energy systems.
(a)
Accessory utility scale solar energy systems (referred to herein as "AUS system") shall be permitted on parcels of at least 10 acres in size as an accessory use by right in the C-2 Zoning District to any lawfully permitted principal or accessory use on the same parcel upon issuance of the solar permit specified in this section.
(b)
Exemption. AUS system constructed prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to an existing AUS system whether or not existing prior to the effective date of this section that materially alters the AUS system shall comply with the requirements of this section. Routine maintenance or like-kind replacements do not require a permit.
(c)
The AUS system layout, design, installation and ongoing maintenance shall confirm to applicable industry standards and shall comply with the PA Uniform Construction Code (UCC), Act 45 of 1999, as amended, as enforced by Robinson Township, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the application.
(d)
Upon completion of the installation, the AUS system shall be maintained in good working order in accordance with standards of the Robinson Township Codes under which the AUS system was constructed. Failure of the property owner to maintain the AUS system in good working order is grounds for appropriate enforcement actions by Robinson Township in accordance with applicable ordinances.
(e)
All on-site utility, transmission lines and plumbing shall be placed underground to the extent feasible.
(f)
The owner of an AUS system shall provide Robinson Township written confirmation that the public utility company to which the AUS system will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection. Off-grid systems shall be exempt from this requirement.
(g)
The display of advertising is prohibited except for reasonable identification of the manufacture of the system.
(h)
Prior to the issuance of a zoning permit, applicants must acknowledge in writing that the issuing of said permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: a) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growing of any trees or vegetation on such property; or b) the right to prohibit the development on or growth of any trees or vegetation on such property.
(i)
Decommissioning.
[1]
Each AUS system and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of same.
[2]
The AUS system shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.
(j)
Permit requirements.
[1]
Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the AUS system is constructed.
[2]
The Zoning/building permit shall be revoked if the AUS system, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the AUS system not to be in conformity with this section.
[3]
The AUS system must be property maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or the general welfare. In the event of a violation of any of the foregoing provisions, the Code Enforcement Officer shall give written notice specifying the violation to the owner of the AUS system to conform or remove the AUS system within 60 days of receipt of notification.
(2)
Roof-mounted and wall-mounted accessory utility scale solar energy systems.
(a)
A roof-mounted or wall-mounted AUS system may be located on a principal or accessory building.
(b)
AUS systems mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying Zoning District.
(c)
Wall-mounted AUS systems shall comply with the setbacks for principal and accessory structures in the underlying Zoning District.
(d)
Solar panels shall not extend beyond any portion of the roof edge unless they are an architectural element of the building or roof edge.
(e)
For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code (UCC), Act 45 of 1999, as amended, and the adopted Building Code of the Township, and that the roof or wall is capable of holding the load imposed on the structure.
(3)
Ground-mounted accessory utility scale solar energy systems.
(a)
Setbacks. The minimum yard setbacks from the side and rear property lines shall be equivalent to the accessory structure setback in the Zoning District.
(b)
Height. Freestanding ground-mounted AUS system shall not exceed an average of 20 feet provided that there is no more than three feet of variation in height between adjacent solar panels or arrays.
(c)
Coverage:
[1]
The area beneath the ground-mounted AUS system is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the impervious surfaces limitations for the applicable zoning district.
[2]
Solar arrays or panels that allow water to pass between the solar panels are considered to be pervious and do not count toward a property's maximum impervious surface.
(d)
Ground-mounted AUS systems shall comply with all buffer yard and/or screening requirements in the underlying zoning district.
(e)
Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment and structures. All electrical control devices associated with the AUS system shall be locked to prevent unauthorized access or entry.
(f)
Ground-mounted AUS systems shall not be placed within any legal right-of-way location, easement area other than a stormwater facilities easement area subject to the conditions of this Subsection A(3)(f), or be placed in a manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system, as proven by the applicant to the satisfaction of the Township Engineer. A ground-mounted AUS system may be placed in a stormwater conveyance system easement area of the property only if the application proves to the satisfaction of the Township Engineer that the placement shall not alter or impede the water runoff from collecting in a constructed stormwater conveyance system, and the applicant enters into a recorded easement agreement, or an amendment to an existing easement instrument with the Township, in a form acceptable to the Township solicitor, that includes covenants acceptable to the Township regarding the maintenance and operation of the stormwater conveyance system and the AUS improvements therein; provides rights of access to the Township for inspection and, if necessary, corrective work at the cost of the applicant in event of default, and indemnification provisions in favor of the Township.
(g)
Ground-mounted AUS systems shall only be placed in the rear yard of the property.
B.
Accessory small solar energy systems.
(1)
Regulations applicable to all accessory small solar energy systems.
(a)
Accessory small solar energy systems (referred to here as "ASES") shall be permitted as a use by right in all Zoning Districts as an accessory use to any lawfully permitted principal or accessory use on the same parcel upon issuance of the ASES solar permit specified in this section.
(b)
Exemptions.
[1]
ASES with an aggregate collection and/or focusing area of 100 square feet or less are exempt from this § 300-78.1.
[2]
ASES construct prior to the effective date of this section shall not be required to meet the terms and conditions of this section. Any physical modification to an existing ASES whether or not existing prior to the effective date of this section that materially alters the ASES shall require approval under this section. Routine maintenance or like-kind replacements do not require a permit.
(c)
The ASES layout, design, installation and ongoing maintenance shall confirm to applicable industry standards and shall comply with the PA Uniform Construction Code (UCC), Act 45 of 1999, as amended, as enforced by Robinson Township, and with all other applicable fire and life safety requirements. The manufacture specifications for the key components of the system shall be submitted as part of the application.
(d)
Upon completion of the installation, the ASES shall be maintained in good working order in accordance with standards of the Robinson Township Codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions by Robinson Township in accordance with applicable ordinances.
(e)
All on-site utility, transmission lines, and plumbing shall be placed underground to the extent feasible.
(f)
The owner of an ASES shall provide Robinson Township written confirmation that the public utility company to which the ASES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection. Off-grid systems shall be exempt from this requirement.
(g)
The display of advertising is prohibited except for de minimis identification labels of the manufacturer of the system that are a standard part of the equipment as manufactured.
(h)
Prior to the issuance of a zoning permit, applicants must acknowledge in writing that the issuing of said permit for a solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: a) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or b) the right to prohibit the development on or growth of any trees or vegetation on such property.
(i)
Decommissioning.
[1]
Each ASES system and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by the system owner and/or operator, or upon termination of the useful life of same.
[2]
The ASES system shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.
(j)
Permit requirements.
[1]
Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the ASES system is constructed.
[2]
The zoning/building permit shall be revoked if the ASES system, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the AUS system not to be in conformity with this section.
[3]
The ASES system must be properly maintained and be kept free from all hazards, including but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or the general welfare. In the event of a violation of any of the foregoing provisions, the Code Enforcement Officer shall give written notice specifying the violation to the owner of the ASES system to conform or remove the ASES system within 60 days of receipt of notification.
(2)
Roof-mounted and wall-mounted accessory utility scale solar energy systems.
(a)
A roof-mounted or wall-mounted ASES system may be located on a principal or accessory building.
(b)
ASES systems mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying Zoning District.
(c)
Wall-mounted ASES systems shall comply with the setbacks for principal and accessory structures in the underlying zoning district.
(d)
Solar panels shall not extend beyond any portion of the roof edge unless they are an architectural element of the building or roof edge.
(e)
For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code (UCC), Act 45 of 1999, as amended, and the adopted Building Code of the Township, and that the roof or wall is capable of holding the load imposed on the structure.
(3)
Ground-mounted accessory small solar energy systems.
(a)
Setbacks. The minimum yard setbacks from the side and rear property lines shall be equivalent to the accessory structure setback in the Zoning District.
(b)
Height. Freestanding ground-mounted ASES systems shall not exceed the maximum accessory structure height in the underlying zoning district.
(c)
Coverage: The area beneath the ground-mounted ASES is considered pervious cover. However, use of impervious construction materials under the system could cause the area to be considered impervious and subject to the impervious surfaces limitations for the applicable zoning district.
(d)
Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
(e)
Ground-mounted ASES shall not be placed within any legal right-of-way location, easement area or be placed in a manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
(f)
Ground-mounted ASES shall only be placed in the rear yard of the property.