Smith Township Washington County
City Zoning Code
City Zoning Code
PART 12
Supplementary Regulations
§ 1200 Applicability.
[Ord. 2007-2, 5/22/2007]
The supplementary regulations in this Part supplement the requirements of Parts 4 through 10 governing each zoning district and shall apply to all uses in all zoning districts.
§ 1201 Performance Standards.
[Ord. 2007-2, 5/22/2007; as amended by Ord. 2010-3, 9/1/2010; by Ord. No. 2024-1, 3/18/2024]
The following shall apply to all permitted uses, conditional uses and uses by special exception in all zoning districts. In order to determine whether a proposed conditional use or use by special exception will conform to the requirements of this chapter, the Board of Supervisors or Zoning Hearing Board may require a qualified consultant to testify, whose cost for services shall be borne by the applicant.
B.
Noise.
(1)
The ambient noise level of any operation (other than those exempted below) shall not exceed the decibel levels prescribed. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, ambient noise level is the average decibel level recorded during observations taken in accordance with the procedure specified below, taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.
(2)
Cursory noise levels may be measured with a calibrated hand-held sound meter. A formal sound study may be required and paid for by the applicant or offending party. The sound study, at minimum, must meet the following requirements:
(a)
A mutually agreeable acoustical expert shall perform the study.
(b)
A minimum of three observation stations shall be used.
(c)
Sound level measurements must be continuously recorded for a minimum of seven days.
(d)
Background sound level (L90) shall be determined for both daytime and nighttime.
(e)
Sound levels shall be measured in octave bands in sampling periods of no less than 10 seconds.
(f)
The collection of data and the study shall be in accordance with ANSI/ASA S1.13-2020 or latest edition (Measurement of Sound Pressure Levels In Air).
(g)
For conditional use permits, the Township may require a sound study prior to construction in order to determine the existing background sound levels.
(h)
In the event a sound study is required as part of the approval process, a follow-up/supplemental sound study may be required to be conducted and provided to the Township within 45 days of the use activities beginning.
(i)
When a sound study is requested by the Township, the applicant must deposit into the Township's escrow account an amount equal to $10,000 to cover the expenses for said study. If a pre-construction sound study is requested by the Township, an additional $10,000 shall be deposited in escrow 30 days after municipal approval by the Township.
(j)
Upon the balance of the escrow account reaching $2,000 the applicant will be required to deposit funds to replenish the escrow account balance to $10,000.
(3)
No operation or activity shall cause or create noise in excess of 60dB(A) as measured at the property line of any district.
(a)
When the frequency characteristics of the sound are such that the A-scale levels are inadequate to protect the public health, welfare, or safety, octave-band sound pressure level measurements shall be performed. This requirement shall be at the discretion of the Township.
(b)
Octave-band sound pressure level measurements at the property line shall be compared to the values indicated in the table below for 60 dB(A). Octave-band sound pressure levels in excess of these standards shall be considered evidence of a violation.
Maximum Octave Band Sound Pressure Levels (dB) | |||||||||
|---|---|---|---|---|---|---|---|---|---|
Levels db(A) | Octave Band Center Frequency (Hz) | ||||||||
31.5 | 63 | 125 | 250 | 500 | 1,000 | 2,000 | 4,000 | 8,000 | |
55 | 68 | 65 | 61 | 55 | 52 | 49 | 46 | 43 | 40 |
60 | 72 | 68 | 64 | 60 | 56 | 54 | 51 | 48 | 45 |
65 | 76 | 72 | 68 | 64 | 61 | 59 | 56 | 53 | 50 |
70 | 79 | 76 | 72 | 69 | 66 | 64 | 61 | 58 | 55 |
(c)
The following uses or activities shall be exempted from the noise regulations:
(d)
In addition to the above regulations, all uses and activities within the Township shall conform to all applicable county, state and federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
C.
Vibrations.
(1)
Vibration perception threshold is defined as the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by direct means as, but not limited to, sensation by touch or visual observation of moving objects. The perception threshold will be presumed to be a motion velocity of 0.01 inches per second over the range of one to 100 Hz.
(2)
No use or activity shall be operated in a manner that causes vibrations in excess of the displacement value set forth below on or beyond the property line of the closest use in each of the following categories:
Peak Particle Velocity (inches per second) | ||
|---|---|---|
District | 7:00 a.m. to 10:00 p.m. | 10:00 p.m. to 7:00 a.m. |
R-1, R-V, B-1 | 0.03 | 0.01 |
C-D, A-1, I-1 | 0.06 | 0.06 |
D.
Odors. No use shall emit odorous gas or other odorous matter in such quantities as to be offensive at any point on or beyond the lot lines. The guide for determining such quantities shall be the 50% response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
E.
Glare. Lighting devices that produce objectionable direct or reflected glare greater than 0.5 footcandle at any property line adjacent to an existing dwelling or public street shall not be permitted.
F.
Determination of compliance with performance standards. During the review of an application for zoning approval, 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, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues, and the Township may seek advice from a qualified technical expert. All costs of 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 application.
G.
Continuing Enforcement.
(1)
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
(2)
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 1701 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the certificate of occupancy for the facility or use.
§ 1202 Screening and Landscaping.
[Ord. 2007-2, 5/22/2007]
1.
Buffer areas described. Buffer areas, as defined by this chapter, illustrated in Appendix C[1] and required by § 1202, Subsection 2, shall meet all of the following criteria:
A.
Buffer Area A shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen, spaced within the row a minimum of 15 feet apart, measured from the vertical center lines of adjacent trees. The two rows shall be staggered in a manner which shall result in adjacent trees on two different rows being no more than 10 feet apart, measured from the vertical center lines of the trees. The depth of Buffer Area A shall be 25 feet, as measured from the property line.
B.
Buffer Area B shall contain one row of plantings that shall consist of a mixture of 30% deciduous and 70% evergreen, spaced within the row a minimum of 10 feet apart, measured from the vertical center lines of adjacent trees. The depth of Buffer Area B shall be 15 feet, as measured from the property line.
C.
Buffer Area C shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature that are a minimum of six feet in height at the time of planting. The depth of Buffer Area C shall be 10 feet, as measured from the property line.
D.
None of the required plantings shall encroach across any property line. All plantings shall be located a minimum of 2 1/2 feet from the property line that constitutes the exterior boundary of the buffer area.
E.
In the event that existing vegetation and/or existing topography provides screening that is adequate to meet the intent of the required buffer area to screen the buildings, activities and parking areas from adjoining residential properties, the Board of Supervisors, upon recommendation by the Planning Commission, may determine that the existing topography and/or vegetation constitutes all or part of the required buffer area. If such a determination is made, the applicant may be required to record a conservation easement of the depth specified by the Board of Supervisors to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved buffer area.
F.
In the event that a public street right-of-way, dedicated and accepted by the Township, separates the two dissimilar uses specified, the buffer area shall not be required, provided that the width of the right-of-way equals or exceeds the width of the required buffer area and one row of low-level plantings or a landscaped earthen mound is provided on the property to screen headlights from view as described in § 1202, Subsection 2D, below.
G.
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 1203D of this chapter.
H.
No structures or uses shall be permitted in the required buffer area, other than active or passive recreation facilities and stormwater management facilities, provided that the structures or uses do not interfere with the required plantings in the buffer area, and provided that all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required buffer area include but are not limited to buildings, accessory structures, parking spaces, access drives and lighting devices.
2.
Buffer areas required. Buffer Areas A, B, and C, described in § 1202, Subsection 1, above, are required under the following circumstances:
A.
Buffer Area A. Buffer Area A shall be required:
(1)
Along all property lines where any development in the B-1 or I-1 District adjoins property in a C-D, A-1, R-1 or R-V District.
(2)
Where the express standards and criteria for a conditional use or use by special exception in § 1103 of this chapter specify that Buffer Area A is required.
(3)
Along all property lines where a planned residential development that contains townhouses or garden apartments adjoins property in an A-1, R-1 or R-V District.
B.
Buffer Area B. Buffer Area B shall be required:
(1)
Where the express standards and criteria for a conditional use or use by special exception in § 1103 of this chapter specify that Buffer Area B is required.
(2)
Along all property lines where a planned residential development that contains single-family and two-family dwellings adjoins property in an A-1, R-1 or R-V District.
C.
Buffer Area C. Buffer Area C shall be required:
(1)
Where the express standards and criteria for a conditional use or use by special exception in § 1103 of this chapter specify that Buffer Area C is required.
(2)
On developed properties in the B-1 or I-1 District where existing conditions, such as building location and existing paving of the parking lot, make it impossible to meet the requirements for Buffer Area B along a property line that adjoins property in the C-D, A-1, R-1 or R-V District.
D.
Low-level screen required. In addition to the required plantings in Buffer Areas A, B, and C, wherever 20 or more parking spaces face the required buffer area, a row of low-level evergreen shrubs or hedges shall be planted or earthen mounding shall be constructed in the buffer area 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 installed so that a person facing a passenger car with the shrubs or hedges or mound between him 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 direct beam from those lights was observable. The earthen mound shall be a minimum of three feet in height at its center point, with a minimum width at the base of 10 feet. Low-level shrubs or hedges shall be a minimum of three feet at the time of planting.
3.
Conflict between buffer areas and yard requirements. When the width of a required buffer area is in conflict with the minimum yard requirements of Parts 4 through 10, the greater distance shall apply. The buffer area planting requirement shall be adhered to regardless of the yard requirement.
4.
Existing structures in buffer areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided that the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure that encroaches on the required buffer area. The required buffer area, as determined by § 1202, Subsection 2, shall apply on all other sides of the existing structure.
5.
Existing trees in buffer areas.
A.
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. If it is determined that some healthy trees must be removed in conjunction with development, a written request to remove such trees must be submitted to the Township, along with an explanation detailing the rationale for the request. These trees shall not be removed until the Township has given written authorization permitting said removal. This permission will not be unreasonably denied; however, those who violate this section shall be subject to the maximum penalties authorized by this chapter.
B.
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. All such replacement planting shall be in accordance with accepted conservation practices.
6.
Size of trees required in buffer area.
A.
Any existing trees within the required buffer area that 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 buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
B.
All trees required to be planted within the buffer area 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 the time of planting, measured from the ground adjacent to the planted tree to the top of the tree.
7.
Responsibility for maintenance. It shall be the responsibility of the owner/applicant to assure the continued growth of all required landscaping and/or 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.
8.
Stormwater management facilities in buffer areas. Stormwater management facilities and structures may be maintained within a buffer area, but the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements.
9.
Landscaping of open space area. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period. In such case, the required sodding or seeding must occur within two weeks of April 1.
10.
Landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
A.
Planting required in buffer areas as outlined in § 1202, Subsection, cannot be substituted for any required planting mandated in this section.
B.
A landscaping plan, with detailed drawings, shall be submitted prior to building permit application, and this landscaping plan shall contain and show the following information:
(1)
All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub), drawn to scale and identifying the height and width of any proposed mounds.
(2)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.), drawn to scale.
(4)
Any existing trees or vegetation that are to be preserved, accurately identifying their relative location.
(5)
Any existing trees or vegetation that will be removed, accurately identifying their relative location.
C.
At least one deciduous tree shall be planted for each 1,000 square feet of lot area occupied by the building footprint in conjunction with any nonresidential development.
D.
At least one deciduous tree shall be planted for each dwelling unit in conjunction with any multifamily development.
E.
All trees that are required to be planted as per the regulations of 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.
F.
Any existing trees that are not disturbed and are not located within a required buffer area 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 buffer area.
G.
In parking areas containing more than 20 spaces, at least five percent of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed.
H.
Whenever an open parking area abuts a public street, a planting strip, at least five feet in depth, planted and maintained with shrubbery, trees or other landscape or decorative materials, shall be installed across the entire frontage of the property in order to prohibit vehicle access, except at approved ingress and egress points.
I.
All areas not utilized for structures, driveways, planting strips or parking facilities shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be given the same interpretation given that phrase as it is used in § 1202, Subsection 9, of this chapter.
11.
Posting of bond for landscaping. A maintenance bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of 15% of the total cost of landscaping shown on the approved landscaping plan for a period of two years from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
§ 1203 Special Yard Requirements.
[Ord. 2007-2, 5/22/2007]
In addition to the yard requirements specified in each zoning district, the following yard requirements shall apply in all zoning districts to the applicable circumstances described below:
A.
Corner lots. Corner lots shall provide front yards on each street frontage. The remaining two yards shall constitute side yards. There shall be no rear yard required.
C.
Accessory structures. In all zoning districts, the following regulations shall apply to accessory structures:
(1)
Private swimming pools accessory to a dwelling.
(a)
Swimming pools accessory to a dwelling shall be located at least 10 feet from the dwelling or any property line. Swimming pools shall not be permitted in the front yard. All swimming pools and the equipment necessary for maintaining the pool shall be completely enclosed by a fence that is at least four feet in height and that has a self-closing and self-latching gate. The dwelling may constitute a part of the required enclosure.
(b)
For an aboveground swimming pool that is completely enclosed by a railing around the entire perimeter, where the combined height of the pool and railing is at least four feet above the adjacent ground level at all points, and that has a self-latching retractable ladder, the pool shall not be required to be fenced. All other aboveground swimming pools shall be fenced in accordance with the requirements of this Subsection C(1).
(2)
Structures accessory to business and industrial uses.
(a)
In the I-1 Industrial and B-1 Business Districts, no accessory structure to a business, industrial or warehousing use shall be permitted in a front yard. Accessory structures shall be permitted in a side or rear yard, provided that they shall be located at least 20 feet from the side or rear lot line.
(b)
In no case shall any motorized vehicle, whether immobilized or not, nor any trailer or mobile home be utilized as an accessory storage structure, except for construction trailers authorized by § 1207 of this chapter. Any such structure that is a legal nonconforming use, once removed, shall not be replaced.
(3)
Canopies and similar structures. Canopies and similar permanent freestanding roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel dispensing areas accessory to authorized uses in the C-1 Highway Commercial and I-1 Industrial and B-1 Business Districts, provided that:
(a)
Such structure may be located in the required front yard.
(b)
Such structure shall be located at least 10 feet from any property line or street right-of-way.
(c)
Such structure shall not be enclosed.
(d)
Such structure shall be removed immediately once the principal use or the use of the accessory structure is discontinued.
(4)
Accessory storage structures and detached garages.
(a)
On residential lots in the R-V District that have a lot area of less than one acre, storage structures accessory to a single-family dwelling, having a total floor area of 180 square feet or less, shall be located at least five feet from the rear property line and shall be located at least 10 feet from a side property line but shall not be located in any front yard. On lots of one acre or more in the R-V District or in the case of any storage structure having more than 180 square feet of total floor area, the structure shall not be located in the minimum required front yard or side yard setbacks and shall be located at least 10 feet from the rear property line.
(b)
In all other districts, all storage structures accessory to a dwelling and all detached garages shall not be located in the minimum required front yard or side yard setbacks and shall be located at least 10 feet from the rear property line.
D.
Visibility at intersections.
(1)
In all zoning districts, no object, including, without limitation, fences, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, exceeding a height of three feet, as measured from the lowest elevation of the center line of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required on a corner lot. The required clear sight triangle on a corner lot shall be determined as follows.
(2)
The street lines abutting the corner lot shall form the legs of the clear sight triangle. Each of the legs shall extend a distance of 30 feet from the point of intersection of the street lines abutting the corner lot. The hypotenuse of the clear sight triangle shall be formed by drawing a straight line joining the legs at their farthest point from the vertex of the triangle. (See Illustration in Appendix A.[1])
[1]
Editor's Note: Appendix A is included at the end of this chapter.
§ 1204 Permitted Projections into Required Yards.
[Ord. 2007-2, 5/22/2007]
The following shall be permitted to project into the minimum required yard in any zoning district as follows:
A.
Typical architectural features, including but not limited to bay windows, windowsills, chimneys, cornices and eaves, shall be permitted to project into any required yard no more than 18 inches.
B.
Decks and their stairs and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into required front and side yards no more than three feet and shall be no closer to the rear property line than 20 feet.
C.
Steps attached to the principal building and open fire escapes shall be permitted to project into any required yard no more than three feet.
§ 1205 Height Exceptions.
[Ord. 2007-2, 5/22/2007]
The height limitations of this chapter shall not apply to the following structures: church spires, chimneys, theater proscenia, elevator bulkheads and other mechanical equipment that is part of the principal structure, conveyors, flagpoles, silos and other agricultural structures, standpipes, elevated water tanks, derricks, public utility structures, and other structures not intended for human habitation that do not exceed the height limitations of the zoning district by more than 15 feet.
§ 1206 Drive-Through Facilities.
[Ord. 2007-2, 5/22/2007]
All businesses that propose drive-through facilities, as defined by this chapter, as accessory uses or principal uses shall meet all of the following requirements:
A.
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in one lane, with a total length of 100 feet, in direct line with each window or stall, shall be provided for vehicles to wait in line. The standing space shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets, or berms.
B.
Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
C.
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
§ 1207 Temporary Construction Trailers, Model Homes or Sales Offices.
[Ord. 2007-2, 5/22/2007]
Temporary construction trailers, model homes or sales offices shall be permitted in any zoning district, subject to the following conditions:
A.
Temporary construction trailers shall be permitted only during the period that the construction work is in progress under a valid building permit or under Township approval to install public improvements. The temporary construction trailer shall be removed upon completion of the construction authorized under a building permit or upon completion of the installation of the public improvements in a plan of subdivision. In the event that construction is phased, the temporary construction trailer shall be moved from the completed phase to the next phase when 90% of the required improvements in the completed phase have been installed, as determined by the Township Engineer.
B.
Model homes or sales offices shall be permitted only until 90% of the lots or dwelling units in the development are sold. In the case of a phased development, the use of a model home or sales office shall be permitted to continue only if the subsequent phase is initiated within six months of the completion of 90% of the lots or dwelling units in the prior phase.
C.
A permit for the temporary structure or use shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six months.
D.
Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within 25 feet of any property line adjoining an existing dwelling outside of the approved plan.
E.
Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used for any dwelling use whatsoever.
F.
No combustible materials shall be stored in temporary construction trailers.
G.
Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the zoning district in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within 25 feet of any property line adjoining an existing dwelling outside of the approved plan.
H.
Model homes or sales offices located in a trailer shall not be utilized for any dwelling use whatsoever during the time they are approved as a temporary use or structure in accordance with the provisions of this section.
I.
Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
§ 1208 Agriculture.
[Ord. 2007-2, 5/22/2007]
Where any of the following uses are authorized by this chapter or legally exist as a nonconforming use (agriculture, as defined herein, conducted on a farm and related activities such as greenhouses, boarding stables, private stables, kennels and riding academies), they shall be subject to the following requirements:
A.
Storage of manure or odor- or dust-producing substances shall be located at least 100 feet from any property line.
B.
Any building or outdoor area used as a concentrated feed lot shall be located at least 300 feet from any street right-of-way line or property. Any other building used for the shelter, raising or feeding of livestock or poultry shall be located at least 100 feet from any street right-of-way line or property line.
C.
Greenhouse heating plants shall be at least 100 feet from any property line. The retail sales area for a greenhouse shall not exceed 1,200 square feet. The growing area shall not be considered sales area.
D.
Outdoor kennels and outdoor runs shall be located at least 300 feet from any property line.
E.
All grazing and pasture areas shall be adequately fenced to properly enclose the animals and protect adjacent properties.
F.
Concentrated feed lots and any other operations that constitute "concentrated animal operations," as defined by State statute, shall comply with all applicable provisions of the Pennsylvania Nutrient Management Act.
G.
Where authorized on properties of at least five acres but less than 10 acres, the keeping of horses and ponies shall be limited to a maximum of one animal for the first five acres, plus one animal for each additional acre or portion thereof up to 10 acres. There shall be no limit on the number of animals kept on properties of 10 acres or more.
§ 1209 Americans with Disabilities Act (ADA) Compliance.
[Ord. 2007-2, 5/22/2007]
When required, all new construction and additions or enlargements of existing structures or facilities shall comply with the most recent regulations for accessibility as specified in the Americans with Disabilities Act (ADA).
§ 1210 On-Site Sales Accessory to a Farm.
[Ord. 2007-2, 5/22/2007]
1.
All sales shall be conducted on the premises of a farm, as defined and regulated by this chapter.
2.
At least 50% of the products sold shall be products raised, grown or produced on the farm.
3.
All permanent structures shall comply with the yard requirements for principal structures in the district in which the property is located.
4.
Seasonal roadside stands shall be located no closer than 15 feet to any street right-of-way or property line.
5.
Buildings used for retail sales of agricultural products shall not exceed 1,000 square feet of sales floor area for every 10 acres of land farmed. No building used for retail sales of agricultural products shall exceed 5,000 square feet of sales area.
6.
Off-street parking for permanent structures shall be provided in accordance with the requirements of § 1302 for retail businesses.
7.
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 1302 for retail businesses; however, in no case shall fewer than five spaces be provided.
8.
Off-street parking shall be improved with a dust-free, all-weather surface.
9.
Adequate ingress, egress and traffic circulation shall be provided so that vehicles do not back onto the street right-of-way and do not park or stand on any street or berm.
10.
One non-illuminated freestanding sign shall be permitted to announce the agricultural sales, provided that the maximum surface area of the sign shall not exceed 32 square feet, the height of the sign shall not exceed eight feet, and the sign shall be located no closer than 10 feet to any property line or street right-of-way. Two temporary signs announcing the agricultural sales shall be permitted, provided that the maximum surface area of each sign shall not exceed eight square feet and the signs shall be removed when the roadside stand or sales facility is not open for business.
§ 1211 Communications Antennas.
[Ord. 2007-2, 5/22/2007]
Where authorized by this chapter, communications antennas may be mounted on an existing building or existing public utility storage or transmission structure, subject to compliance with the following regulations:
A.
Building-mounted antennas shall not be permitted to be erected on any single-family or two-family dwelling.
B.
The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).
C.
The applicant shall demonstrate compliance with all applicable regulations of the Federal Aviation Administration (FAA) and any applicable Airport Zoning Regulations.
D.
Building-mounted antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on an existing public utility storage or transmission structure shall not project more than 20 feet above the height of the structure.
E.
Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.
F.
Directional or panel antennas shall not exceed five feet in height or two feet in width.
G.
Satellite and microwave dish antennas mounted on the roof of a building or on an existing public utility storage or transmission structure shall not exceed six feet in diameter.
H.
Satellite and microwave dish antennas mounted on an existing building or existing public utility storage or transmission structure shall not exceed two feet in diameter.
I.
The applicant proposing a building-mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering wind and other loads associated with the antenna's location.
J.
Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Township.
K.
The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.
L.
Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot-high chain-link security fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjoining residential property, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.
M.
If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided that has a minimum width of 20 feet and that shall be improved with a dust-free all-weather surface for its entire length.
N.
At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.
§ 1212 No-Impact Home-Based Businesses.
[Ord. 2007-2, 5/22/2007]
No-impact home-based businesses, as defined herein, shall comply with the following:
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
E.
No on-site parking of commercially identified vehicles shall be permitted.
F.
The business activity shall not use any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
G.
The business activity shall not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling and shall not occupy more than 25% of the habitable floor area of the dwelling.
I.
The business shall not involve any illegal activity.
§ 1213 Mobile Homes on Individual Lots.
[Ord. 2007-2, 5/22/2007]
A mobile home that is proposed to be used as a single-family dwelling and is to be erected on an individual lot of record outside a mobile home park shall meet the following requirements:
A.
The lot shall meet all applicable requirements for a single-family dwelling in the zoning district in which it is proposed to be located.
B.
The mobile home shall have a minimum gross floor area of 840 square feet, excluding any accessory attachments.
C.
The mobile home shall meet the specifications for manufacture of mobile homes as set forth in the United States Standards Institute, "Standards for Mobile Homes," USA Standard A119.1-1969, NFPA No. 501B-1968, and any subsequent modification or amendment of such standards.
D.
The mobile home shall bear the seal of the U.S. Department of Housing and Urban Development (HUD).
E.
The mobile home shall be installed upon and securely fastened to a frost-free foundation or footer, and in no event shall it be erected on jacks, loose blocks or other temporary materials.
F.
An enclosure of compatible design and material shall be erected around the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.
G.
The mobile home shall be connected to public water and a public sewer system, if available. If not, the owner shall provide a potable water supply from his own or an adjacent well and shall provide an on-lot sewage disposal system that shall meet the standards of the Pennsylvania Department of Environmental Protection (PA DEP).
H.
Prior to occupancy, the mobile home shall be connected to available utilities in order to provide the dwelling unit with adequate heat and light.
I.
Any garage, utility shed or other outbuilding constructed on the lot shall conform with the standards applicable to such accessory structures provided in this chapter.
§ 1214 Oil and Gas Pipelines
[Added by Ord. 2010-3, 9/1/2010; amended by Ord. 2015-8, 9/21/2015]
A company desiring to construct oil and gas pipelines that are regulated by state or federal agencies are allowed to do so as a permitted use in the Township, subject to submitting to the Township copies showing evidence that it has obtained and maintains in good standing all required state and/or federal permits, including proof of bonding to operate pipelines, when such bonding is required. In addition to the required permitting documents, the applicant must also submit the following to obtain the Township permit:
A.
The origin point and destination of the pipeline to be constructed in the Township, including time frame for activities; and
B.
A description of the substance to be transported through the pipeline and a copy of the material safety data sheet (MSDS); and
C.
Any site reclamation plans and time frame; and
D.
A copy of the road bond and maintenance agreement, along with any/all road cut/bore permits.
§ 1215 Temporary Housing for Well Site Workers.
[Added by Ord. 2010-3, 9/1/2010]
1.
Temporary housing for well site workers shall be located only on or within 1,000 feet of an approved well site.
2.
If the housing units do not have self-contained water supply and sanitary facilities, these facilities shall be available on the site, and the housing units shall be connected to the facilities.
3.
Parking shall be provided on the well site based on the ratio of one vehicle for each sleeping room.
4.
If existing vegetation or differences in elevation do not screen the temporary housing from any property in an R-1 or R-V District, a temporary screening fence shall be erected for the distance necessary to screen the housing and parking areas from any existing dwellings on the adjoining property that are located within 300 feet of the common property line.
5.
Access to the temporary housing and the parking areas for the workers shall be provided by means of a driveway with a dust-free, all weather surface.