Solebury Township City Zoning Code
PART 25
GENERAL PROVISIONS
§ 27-2501 Purpose.
[Ord. 94, 6/8/1988, § 1800]
The intent of these general provisions is to provide supplementary regulations and standards which are common to all zoning districts.
§ 27-2502 General Lot and Yard Requirements.
[Ord. 94, 6/8/1988, § 1801; as amended by Ord. 103, 3/21/1989, § 1; by Ord. 113, 1/16/1990, § 72; by Ord. 125, 3/19/1991, § 5; by Ord. 138, 5/26/1992, § 43A; by Ord. 153, 5/3/1994, § 1; by Ord. 163, 2/4/1997, § I.7; by Ord. 173, 9/1/1998, § I; by Ord. 195, 10/1/2002, § I.7; by Ord. 2007-6, 9/4/2007, § 08; by Ord. 2011-7, 6/21/2011, Art. IV; and by Ord. 2012-2, 5/15/2012, Art. VIII]
1.
Lot Area and Yard Requirements.
A.
A lot which existed at the time of adoption of this chapter that complies with the area and dimensional standards of this chapter shall not be reduced in size so that the minimum lot area and/or dimensional requirements of this chapter are not met. A lot which existed at the time of adoption of this chapter and does not comply with the minimum lot area standards of this chapter shall not have its area reduced by subdivision.
B.
Where a minimum lot area is specified, no building or use shall be erected or established on any lot which is smaller than the minimum lot area, except as provided in Subsection 5.
C.
The lot or yard requirements shall not include any part of a lot that is required by any other permitted building or use to comply with the requirements of this chapter.
2.
Frontage and Access. No principal permitted building shall be built upon a lot which does not have frontage on a public or private street which is constructed in accordance with the design standards for streets as set forth in the Township Subdivision and Land Development Ordinance [Chapter 22], or for which such improvements have been insured by the posting of financial security pursuant to the Subdivision and Land Development Ordinance [Chapter 22]. Such frontage shall be in accordance with that specified in the part pertaining to the particular district in which such lot is located.
3.
In the event that a zoning district under this Part allows only one principal use per lot, the following uses shall be allowed on the same lot despite such a restriction:
[Amended by Ord. No. 2021-007, 10/19/2021]
4.
Minimum Lot Width. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than required under the applicable zoning district, except as provided in Subsection 5.
5.
Exceptions to Minimum Lot Areas and Widths. The provisions of Subsections 1B and 4 shall not prevent the construction of a building on any lot in the RA and RB Districts which was lawful when created and which, prior to the effective date of this chapter, was in single and separate ownership duly recorded by plan or deed, subject to the provisions of Part 26. However, the above shall not prevent the erection of a one-family dwelling upon a lot existing on or before July 29, 1956, of less area and less minimum width at the front building line, and in such case, the total width of the two side yards may be reduced in the proportion that the width of the lot is less than 160 feet; provided, however, that no such dwelling shall be erected upon a lot having an area of less than 10,000 square feet and a width of less than 70 feet.
[Amended by Ord. No. 2021-007, 10/19/2021]
A.
Exceptions to Minimum Lot Areas and Lot Widths in the Carversville Village Commercial (VC-C) or Carversville Village Residential (VR-C Districts. The provisions of Subsection 1B and 4, shall not prevent the construction of a building on any lot with nonconforming size or width located in any Village Commercial or Village Residential District which existed prior to June 21, 2011. These lots shall meet requirements for minimum yard setbacks.
6.
Corner Lots; Lots Fronting on More Than One Street. In the case of a corner lot and any other lot that fronts on more than one street, front yards of the required depth shall be provided along all streets.
[Amended by Ord. No. 2021-007, 10/19/2021]
8.
Exception to Required Front Yard for Certain Accessory Uses. The front yard requirements for any district shall not apply to driveways, sidewalks, lights, fences, wells, signs and off-street parking areas open to the air. Garages, carports or other structures shall not be located in front yards.
9.
Side and Rear Yard Requirements. Where a minimum width of side yard is specified, no building or other structure shall be erected within each such width from either side lot line, except as provided in Part 26 relative to setbacks for accessory use structures.
10.
Projections into Required Yards. No building or structure or part thereof shall be erected within, or shall project into any required yard in any district except for: terraces, patios, platforms, or other uncovered spaces, buttresses, chimneys, cornices, piers, or pilasters, unenclosed fire escapes, steps, bay windows, and balconies; and, accessory use structures as provided for in § 27-2603. However, no such projection shall extend from the existing building more than five feet into the setback area, at or below the first floor level.
§ 27-2503 Standards for Narrow Lots.
[Ord. 94, 6/8/1988, § 1802; as amended by Ord. 113, 1/16/1990, § 73; by Ord. 138, 5/26/1992, § 44; by Ord. 153, 5/3/1994, § 1; and by Ord. No. 2021-007, 10/19/2021]
1.
All plans submitted for land development or subdivision of land shall have a well-designed street system to serve interior lots. Narrow lots are permitted only when no other practical design layout is possible, and in compliance with the Subdivision and Land Development Ordinance [Chapter 22] narrow lots provisions, including § 22-502.
§ 27-2504 Limitations of Fences and Walls and Gates.
[Ord. 94, 6/8/1988, § 1803; as amended by Ord. 129, 5/22/1991, § 1; by Ord. 153, 5/3/1994, § 1; and by Ord. 2011-4, 5/3/2011, Art. XXXV]
1.
No fence or wall over six feet in height, except a retaining wall or a wall of a building permitted under the terms of this chapter, shall be erected within any of the required yards except for a fence installed for the sole purpose of protecting vegetation from deer pursuant to Subsection 2.
2.
A deer fence constructed of polypropylene mesh, woven wire, or hexagonal steel (black, brown, or green in color) with a height of not less than seven feet six inches and not more than nine feet may be installed within the front, side and rear yard setbacks. Posts shall be black, brown, green, natural wood, or natural wood color. When protecting an agricultural use, galvanized fence and posts may be used within the side and rear yards, and within the front yard to repair or replace existing galvanized fence and posts. Galvanized material may not be used in within the front yard for new installations. When protecting an agricultural use, the fence may be installed within the street ultimate right-of-way but shall not encroach within the legal right-of-way.
3.
Gates across driveways shall have a minimum clear opening of 12 feet. A minimum of 30 feet of straight driveway shall be provided between the edge of the cartway and gate, and there shall be no sharp turns or obstructions that would prohibit the free access of fire fighting equipment between the gate and structures on the property. Gates across driveways or lanes that provide access to fields for farm equipment are specifically exempt from this regulation.
§ 27-2505 Exceptions to Height Regulations for Buildings and Structures.
[Ord. 94, 6/8/1988, § 1804; as amended by Ord. 171, 7/7/1998, § I.4]
The Board of Supervisors may determine that the height regulations prescribed within this chapter may be exempted for the following: church spires, steeples, belfries, cupolas or domes, solar panels, clock towers, chimneys, ventilating fans, air conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, water towers or water tanks, utility poles or towers, communication towers, communications antennas, windmills, silos, smokestacks, and ornamental or other necessary mechanical appurtenances, provided such structures are not used for human occupancy and are set back a distance equal to their height (from ground level to the top of the structure) from a property line.
§ 27-2506 Corner Vision Obstruction.
[Ord. 94, 6/8/1988, § 1805]
On any lot, no wall, fence, or other structure shall be erected or altered and no hedge, tree, shrub, or other growth shall be installed or maintained, which may cause danger to traffic on a street by obscuring the view. A clear sight triangle shall be maintained in accordance with the design standards and required improvements for streets set forth in the Township Subdivision and Land Development Ordinance [Chapter 22].
§ 27-2507 Right-of-Way Widths for Streets.
[Ord. 94, 6/8/1988, § 1806]
Whenever the existing street right-of-way is less than that required by the Township Subdivision and Land Development Ordinance [Chapter 22] for the particular classification of street, the right-of-way widths set forth in the Subdivision and Land Development Ordinance [Chapter 22] shall be applicable to any subdivision, land development or project related to this chapter.
§ 27-2508 Highway Frontage Development.
[Ord. 94, 6/8/1988, § 1807; as amended by Ord. 2011-4, 5/3/2011, Art. XXXVI]
1.
In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following provisions shall apply to streets classified in the Township Subdivision and Land Development Ordinance [Chapter 22] as arterial, collector, industrial/commercial streets, and residential collector streets:
A.
Each use with less than 100 feet of frontage on a street shall have not more than one accessway to each street, and no use with 100 feet or more of frontage on a street shall have more than two accessways to any one street for each 300 feet of frontage.
C.
In the case of a shopping center, specialty shopping center, office park, group of multiple-family dwellings, or similar grouping of buildings on a lot, and in any other case where feasible:
(1)
All buildings shall be accessible from a marginal access street, driveway or similar accessway, before gaining access to a public street.
(2)
All points of vehicular access to and from a street shall be located not less than 150 feet from the intersection of any street lines, provided, however, that such a point of vehicular access, which in effect, converts a "T" intersection into an intersection of two streets which cross one another shall be permitted.
(3)
Provision shall be made for safe and efficient ingress and egress to and from streets and highways serving the unified development, without undue congestion to, or interference with normal traffic flow within the Township.
(4)
All streets and accessways shall conform to the design standards and required improvements of the Township Subdivision and Land Development Ordinance [Chapter 22]. Provision shall be made for adequate signalization, turn, standby, and deceleration lanes, and similar improvements.
(5)
All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the Township.
§ 27-2509 Minimum Floor Area.
[Ord. 94, 6/8/1988, § 1808]
§ 27-2510 Nonconformities.
[Ord. 94, 6/8/1988, § 1809; as amended by Ord. 113, 1/16/1990, § 74; by Ord. 129, 5/22/1991, § 2; by Ord. 153, 5/3/1994, § 1; and by Ord. 2007-9, 11/8/2007]
1. MULTIPLE NONCONFORMITIES NONCONFORMING BUILDING OR STRUCTURE OR LOT OR PARCEL OF LAND BY DIMENSION NONCONFORMING BY NUMBER OF DWELLING UNITS NONCONFORMING BY USE NONCONFORMING LOT OR PARCEL OF LAND BY AREA OR WIDTH NONCONFORMING USE, STRUCTURE OR DIMENSION BY CONDITIONAL USE, VARIANCE OR SPECIAL EXCEPTION
Definitions.
A parcel or lot may be nonconforming with respect to multiple provisions of this chapter. In such event the lot, parcel of land, building or structure shall be considered as meeting the definition of each definition above.
A lawfully established building or structure, or lot or parcel of land, not in total compliance with all dimensional regulations for the zoning district in which such lot or parcel of land is located, is nonconforming by dimension. Dimensional regulations include all regulations relating to setbacks, buffer areas and other dimensional restrictions respecting the location of buildings or structures from other features on the lot or parcel of land, such as, by way of example only, septic systems, floodplains or slopes. A building or structure may be partially nonconforming by dimension if a portion of the building or structure violates the dimensional regulations, such as where only a portion of a structure is located within a prescribed setback.
A lot or parcel of land and/or a building or structure containing more dwelling units than are permitted by the use regulations of this chapter shall be nonconforming by number of dwelling units. A building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.
A lawfully established use of land, building, or structure, which is not a permitted use in the zoning district in which it is located, is nonconforming by use.
A lot or parcel of land which fails to meet the applicable requirements for area or width, provided that setbacks and other requirements, not involving area or width, including use, shall conform to the regulations for the zoning district in which such lot or parcel of land is located.
A nonconforming building, structure, lot or parcel of land, or the use thereof, which exists by virtue of a conditional use, variance or a special exception granted by the Zoning Hearing Board or Board of Supervisors shall not be considered nonconforming for the purposes of this section, and shall not acquire any rights of this section. Any changes, additions, enlargements, expansions, intensifications or changes of such use, lot or parcel of land, structure or dimension, to any use other than a permitted use or other than in complete conformance with this chapter, shall require a further variance or special exception from the Zoning Hearing Board, or in the instance of a conditional use, permission from the Board of Supervisors.
2.
Continuations. A lawful use of a building, structure, lot or parcel of land, existing and lawful at the time of the enactment of the zoning regulation affecting the building, structure, lot or parcel of land, or in the case of an amendment to this chapter, then at the time of such amendment, may be continued except as hereinafter provided, even though such use does not conform to the current provisions of this chapter.
3.
Nonconforming Uses.
A.
A nonconforming use conducted entirely outside of a building or structure shall not be changed to another nonconforming use.
B.
A nonconforming use that is partially or completely conducted within a building or permanent or temporary structure or building may be changed to another nonconforming use by way of a special exception granted by the Zoning Hearing Board, upon proof that the proposed new use will be no more detrimental to its neighborhood and surroundings than the use it is to replace. In determining relative "detriment," the Zoning Hearing Board shall take into consideration, among other things: traffic generated; sanitary sewage disposal; parking requirements; nuisance characteristics, such as noise and the emission of odor, dust and smoke; fire hazards; the hours and manner of operation; water consumption and any other issues deemed to be in the public interest. Any applicant for a special exception shall have the affirmative burden of proving that there shall be no detriment to the proposed change and shall present evidence addressing traffic generated; sanitary sewage disposal; parking requirements; nuisance characteristics, such as noise and the emission of odor, dust and smoke; fire hazards; the hours and manner of operation; water consumption and any other issues deemed to be in the public interest. The applicant shall further provide proof that there shall be no additional burden on existing infrastructure within the Township or services provided by other governmental entities. All other changes of nonconforming uses that are partially or completely conducted within a permanent or temporary structure or building are expressly prohibited.
C.
Expansions. The nonconforming use of a building, structure or parcel of land may be extended or expanded by no more than a total of 50% of the total area of the building, structure or parcel of land that was exclusively used in a nonconforming fashion at the time the nonconformity first arose. Areas of buildings, structures or lot or parcels of land not exclusively used in a nonconforming fashion shall not be considered in the calculation of the maximum expansion. All dimensional limitations on the expansion of the use, including setbacks and buffers shall be fully respected. This is a cumulative maximum.
(1)
Illustration 1. In a 1,000 square foot building, where 100 square feet is devoted exclusively to a valid nonconforming use, the total area so used, in whole or in part, on all floors of the building, may be expanded a total maximum of 50 square feet so that the cumulative total of area devoted to a valid nonconforming use is a total of 150 square feet.
(2)
Illustration 2. On a one acre parcel of land, with 1/2 acre of the land totally devoted to a valid nonconforming use, the area devoted to the nonconforming use may be expanded by a maximum of 1/4 acre, for a cumulative total of 3/4 acre that may be used in a nonconforming fashion. The expansion of the area may not be made onto adjacent parcels of land even if the parcels have common ownership and common nonconformity and all dimensional limitations on the expanded use, including set-backs and buffers, shall be fully respected.
(3)
Illustration 3. A one acre parcel of land totally devoted to a nonconforming use may not be expanded to adjacent parcels of land even if the parcels have common ownership.
4.
Nonconforming Lot by Area or Width. A nonconforming lot or parcel of land by area or width may not be expanded by consolidation with other parcels, provided, however, that a nonconforming lot by area or width may be consolidated with other contiguous parcels in order to more fully conform with the applicable requirements for area or width regulations for the zone in which such lot or parcel is located even though the resultant lot is still not conforming.
A.
Illustration. Two contiguous, validly existing, nonconforming, 1/4-acre lots are located within a zoning district with a minimum lot size of one acre. These lots may be consolidated to create a nonconforming 1/2-acre lot.
5.
Nonconforming Buildings or Structures by Dimension. Expansions of or changes to dimensionally nonconforming buildings or structures are not permitted except to the limited extent set forth below only.
A.
Expansions or changes of a totally nonconforming building or structure that has one or more dimensional nonconformity may be changed or expanded in order to fully, or more fully, conform with all applicable dimensional requirements for the zone in which such nonconforming building or structure is located. The total area of the totally nonconforming building or structure may, at the same time, be increased provided that the expanded area shall not exceed a cumulative maximum of 50% of the footprint of the totally nonconforming building or structure.
(1)
Illustration. If a building or structure is located on a property in such a way that the building or structure is totally nonconforming, dimensionally (i.e., e.g., where the structure is entirely within the scenic road set-back) the building or structure may be modified to such that the nonconforming area is reduced. For example, a porch area that is encroaching into the setback by 20 feet may be modified such that the encroachment is lessened to 10 feet. If the totally nonconforming building or structure has a footprint area of 500 square feet, the total, cumulative maximum expansion shall not exceed 250 square feet. In no instance may the dimensional nonconformity be increased, meaning that the encroachment shall not be increased. Therefore, where a porch area that is encroaching into the setback by 20 feet, it may not be expanded so that any portion of the porch area encroaches 21 feet.
B.
Buildings and structures with partial dimensional nonconformities, that is, if a building or structure is located on a property in such a way that the building or structure is only "partially" conforming and "partially" nonconforming, (for example where a setback line runs "through" the building or structure), the partially nonconforming building or structure may be expanded to a cumulative maximum of 50% of the footprint area of that portion of the building or structure that is partially dimensionally nonconforming, provided that no new nonconformities are created by the expansion or change. Buildings or structures with more than one floor will be permitted to expand vertically provided that the second floor has a footprint equal to, or less than the footprint of the first floor. Those areas or portions of buildings and structures with partial dimensional nonconformities that are not within the dimensionally nonconforming area may be expanded in conformity with all other limitations in this chapter without area limitations.
(1)
Illustration 1. If a building with a 1,000 square foot footprint is encroaching in the side yard set back by 10 feet, with the area of encroachment being 500 square feet, the nonconforming structure may be expanded by up to 250 square feet (i.e., 50% of the 500 square feet), (not 500 square feet 50% of the total area of the building including the conforming areas), provided that the expansion stays within the existing ten-foot encroachment and all other limitations in this chapter are also met.
(2)
Illustration 2. If a building with a 1,000 square foot footprint has a second floor, each of which is encroaching in the side yard set back by 10 feet, with the area of encroachment being 500 square feet, each floor of the nonconforming structure may be expanded by up to 250 square feet (i.e., 50% of the 500 square feet per floor) provided that the expansion stays within the existing ten-foot encroachment and all other limitations in this chapter are also met.
(3)
Illustration 3. If a building is encroaching in the front yard set back by 10 feet, the rear portion of this partially nonconforming structure may be expanded without limitation in area so long as the expanded area is in total conformity with all other limitations in this chapter.
C.
No expansions or extensions otherwise permitted hereby may be made within or into dimensionally restricted areas if the expansion will be in greater violation of the dimensional limitation.
(1)
Illustration 1. If a building is encroaching in the side yard by 10 feet, a proposed expansion of the nonconforming structure shall be prohibited if the expansion will encroach greater than 10 feet even if the maximum expansion has not been met or exceeded.
(2)
Illustration 2. If a building encroaches into a ten-foot side yard by two feet, no expansion can encroach further than two feet.
D.
A building or structure that is dimensionally nonconforming because of its height shall not be expanded to increase its height.
E.
Any expansion of a structure that has multiple floors will be reviewed on a floor by floor basis for conformity.[1]
(1)
Illustration 1. If a nonconforming building encroaches by 10 square feet on each of three floors, the building may not be expanded by more than five square feet on each of the three floors; the total expansion cannot be accumulated and the total of 15 square feet of expansion cannot be applied to one or two floors of the structure. Each floor is to be examined separately and has a cumulative maximum expansion of five feet per floor.
[1]
"Floor area" is a specifically defined term in § 27-202 of this chapter. The term "floor area" relies on other defined terms "gross floor area" and "net floor area." "Gross floor area" is defined as "the sum of the horizontal areas of all floors of a building measured from the exterior face of exterior walls . . . but not including interior parking spaces, loading space for motor vehicles, or any space where the average floor-to-ceiling height is less than six feet."
F.
A lot or parcel of land that is nonconforming by number of dwelling units may not be expanded with the addition of a building or structure containing more dwelling units.
6.
Parcels, Lots, Buildings or Structures with Multiple Nonconformities. Any proposed expansion of a building, structure, lot or parcel of land that is nonconforming by more than one factor, (i.e., use, dimensional limitations or area) shall comply with every restriction and regulation of this section. Where the regulations conflict, the most restrictive regulations shall apply.
7.
Reconstruction of Damaged or Destroyed Nonconforming Structures and Buildings. Any nonconforming building or structure destroyed or damaged, in whole or in part, may be reconstructed on the foot print of the nonconforming building or structure, and to the height and dimensions that building or structure had immediately prior to the destruction or damage. The relocation of the destroyed or damaged nonconforming building or structure to other areas on the lot or parcel of land is not permitted unless the relocated building or structure shall thereafter be made to fully conform to all provisions of this chapter. Any expansion of a destroyed or damaged nonconforming building or structure shall be limited as otherwise provided in this section.
8.
Prior Illegal Establishment. Any building, structure, lots or parcel of land illegally established prior to the effective date of this chapter, or any amendments thereto, shall not be granted nonconformance status nor shall it become legally established subsequent to the effective date of this chapter or any amendment thereto.
9.
Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year, or more, as determined by the Zoning Hearing Board, all subsequent uses of such building, structure or land shall be in conformity with the provisions of this chapter.
10.
Change of Tenancy or Ownership. There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises provided there is no change in the nature or character of such nonconforming uses except in conformity with the provisions of this chapter.
§ 27-2511 Outdoor Storage and Display.
[Ord. 94, 6/8/1988, § 1810]
1.
Except as may be permitted in the Commercial Districts, no part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage and display, except in the case of a sidewalk sale, flea market, public auction or garage sale provided that such sales shall not take place more than four times per year for a period not to exceed three days per event.
2.
Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
3.
Outside storage shall be screened from view from any public street.
4.
Uses requiring more land area for such storage or display may be permitted by special exception. However, in no case shall more than 25% of the lot area be used in outdoor storage or display.
§ 27-2512 Environmental Controls.
[Ord. 94, 6/8/1988, § 1811; as amended by Ord. 113, 1/16/1990, § 75; by Ord. 153, 5/3/1994, § 1; by Ord. 204, 5/22/2003, § II; and by A.O.]
1.
Activities generating excessive noise, vibration, dust, fumes and vapors are detrimental to the health, safety and welfare of the citizens of the Township and interfere both with the quiet enjoyment of residential and public property and the operation of business and, therefore, should be controlled to the greatest extent possible. These regulations are intended to prevent land or buildings, including those permitted by right, conditional use, variance or special exception from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition adversely affecting the surrounding area.
2.
All uses shall operate in conformance with the provisions of this section. In addition, all uses shall comply with relevant statutes, codes, rules and other regulations of the United States government, the Commonwealth of Pennsylvania, Bucks County and governmentally regulated companies, authorities and other entities which have jurisdiction over sewage disposal, water supply, water quality, air quality and air pollution, traffic and other consumption or emission characteristics of land use. In the case of a conflict, the most strict regulation shall apply.
3.
All plans for proposed development in the Township shall illustrate, depict, note, or otherwise demonstrate compliance with this section.
4.
The Zoning Officer may inspect any private property for the purpose of determining compliance with this section.
5.
Noise Control.
A.
Purpose. Excessive sound is a serious hazard to the public health and welfare and the quality of life of the citizens of the Township. A substantial body of science and technology exists by which excessive sound may be substantially abated. It is the purpose of this section to protect the citizens of the Township from excessive noise.
B.
Environmental Performance Standards.
(1)
Maximum Permissible Sound Levels by Receiving Zoning District. No person shall operate or cause to be operated on public or private property any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving zoning category in the following table when measured at or within the property boundary of the receiving zoning district. Sound levels exceeding the limits set in the following table are hereby declared to be a nuisance.
Continuous Sound Levels Within Receiving District [Amended by Ord. 2017-7, 8/15/2017] | |||||
|---|---|---|---|---|---|
Receiving Zoning District | From 7:00 a.m. to 7:00 p.m. | From 7:00 p.m. to 7:00 a.m. | |||
RA, RB, RD and OR | 60 dBA | 50 dBA | |||
VC, VR, R-1, VR-C and VC-C | 65 dBA | 55 dBA | |||
Light Industrial and Quarry/Agricultural | 65 dBA | 55 dBA | |||
Highway Commercial and Rural Commercial | 65 dBA | 55dBA | |||
Notwithstanding the above, no noise origination source shall effect a change of 10 dBA above the ambient condition at any location, regardless of zoning district. In all cases, sound measures may be taken at or beyond the real property boundary of the sound source. | |||||
(2)
Terminology. All technical terminology used in this chapter not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI), its latest approved revisions thereof or its successor body.
(a)
Continuous Sound. Any sound, which is steady state, fluctuating or intermittent with a recurrence greater than one time in any fifteen-second interval.
(b)
Impulsive Sound. Any sound of short duration, with an abrupt onset and rapid decay and an occurrence of not more than one time in any fifteen-second interval.
(c)
Pure Tone. A sound sensation characterized by its singleness of tone.
(3)
Standards. For the purpose of measuring sound in accordance with the applicable provisions of these regulations, test equipment methods and procedures shall conform to the latest approved standards as published by ANSI or its approved equivalent.
(4)
Correction for Character of Sound. For any source of sound, which emits a pure tone, the maximum sound level limits set forth in Subsection 5B(1) shall be reduced by 5dBA. For any source of sound which emits an impulsive sound, the excursions of sound pressure level shall not exceed 20dBA over the ambient sound pressure level, regardless of time of day or night or receiving land use, using the "fast" meter characteristic of Type II meter, meeting the IEC-651 and ANSI S1.4 Type 2 Specification.
(5)
Sound Measurements. The sound meter shall be operated in accordance with the manufacturer's instructions. The sound meter shall be calibrated with each use. The sound meter shall be operated using the "A" weighting and fast response settings. Readings shall be taken in such a way that traffic noise is factored into the reading.
C.
Excessive Noise Prohibited. In addition to the above, it is hereby declared to be a nuisance and shall be unlawful for any person, firm or business entity to make, cause, suffer or permit to be made or caused upon a property owned, occupied or controlled by him or it or upon any public land, street, alley or thoroughfare in the Township any excessive noises or sounds, by means of vehicles, machinery, equipment (including sound amplification equipment and musical instruments) or by any other means or methods which are physically annoying to the comfort of any reasonable person or which are so harsh, prolonged, unnatural or unusual in their use, time and place, as to occasion physical discomfort, or which are otherwise injurious to the lives, health, peace and comfort of the inhabitants of the Township or any number of residents thereof.
D.
Special Prohibitions. The following acts and causes thereof are hereby declared to be a nuisance and in violation of this chapter:
(1)
Possessing, harboring or keeping an animal or bird which makes any noise continuously and/or persistently for a period of 15 minutes or more, in such a manner as to disturb or annoy any person at any time of the day or night, regardless of whether the animal is situated upon private property.
(2)
Operating, playing or permitting the operation or playing of any radio, television, audio equipment, sound amplifier, musical instrument or other such device between the hours of 10:00 p.m. and 9:00 a.m. in such a manner as to cause annoyance to persons in the vicinity.
(3)
Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling, blasting, demolition, excavation, extraction of stone or other such activities between the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sunday. This provision does not apply to domestic power tools or vehicles which are duly licensed, registered and inspected for operation on the public highways of this commonwealth.
(4)
Repairing, rebuilding, modifying, testing or operating a motor vehicle, motorcycle, recreational vehicle or powered model vehicle in such a manner as to cause annoyance to persons across a real property boundary from the noise source.
(5)
Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or similar device used out of doors between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause annoyance to persons across a real property boundary from the noise source.
E.
Exceptions. The restrictions set forth above shall not apply to any of the following noise sources:
(1)
Vehicles, machinery, appliances and equipment or hand tools used in conjunction with agricultural activities.
(2)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(3)
Emergency work performed to protect public health or safety, including fire protection, protection from flood or other disasters, and work performed to provide electricity, water or other public utilities when public health or safety is involved.
(4)
Public gatherings, performances and the like for which a permit has been obtained from the Township.
(5)
Warning devices on authorized emergency vehicles and/or required for safety purposes.
(6)
Vehicles, machinery, appliances and equipment used in the case of an emergency and snow removal.
6.
Vibration Control.
A.
Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table 27-25-1 below and such measurements shall not exceed the particle velocities so designated. The instrument used for those measurements shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
B.
The maximum vibration is given as particle velocity (PV), which may be measured directly with suitable instrumentation or computed on the basis of displacement (D) and frequency (F). When computed, the following formula shall be used:
PV | = | 6.28 F x D | |
PV | = | Particle velocity, inches per second | |
F | = | Vibration frequency, cycles per second | |
D | = | Single amplitude displacement of the vibration, inches |
C.
The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed the values given in Table 27-25-1.
Table 27-25-1 Maximum Ground Transmitted Vibration Particle Velocity in inches/second [Amended by Ord. 2017-7, 8/15/2017] | |||
|---|---|---|---|
District | Adjacent Lot Line Other than Residential | Adjacent Lot Line Residential District | |
RA, RB, VR, R-1, RD, OR, VC, VC-C, VR-C and RC | 0.10 | 0.02 | |
Light Industrial, Quarry/Agricultural and Highway Commercial | 0.20 | 0.02 | |
Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table 27-25-1 may be multiplied by 2. | |||
7.
Toxic or Noxious Matter Control.
A.
Water-borne. No substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which can destroy aquatic life shall be allowed to enter any stream or watercourse. Nor shall any such substance or waste be deposited upon a lot in such form or manner that it may be transferred off the lot by natural causes or forces. No activities shall violate the laws and regulations referenced specifically in Part 21.
B.
Airborne. No substance which can pollute the air shall be permitted.
(1)
The ambient air quality standards for the Commonwealth of Pennsylvania shall provide the maximum discharge limit for the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the Commonwealth of Pennsylvania, the release of such materials shall be in accordance with the fractional quantities of toxic materials currently listed in the threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any twenty-four-hour sampling period.
(2)
The release of air-borne toxic matter shall not exceed one-thirtieth of the threshold limit value beyond a district boundary line of the district in which the use is located.
8.
Odor Control.
A.
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail. The foregoing shall not apply to agricultural use odors, unless such odors are a threat to public health and/or safety.
(1)
Odor thresholds shall be measured in accordance with ASTM d1391-57 (or latest revision) "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)."
(2)
Odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured at either ground level or at 40 feet from ground level of the district in which the use is located.
9.
Fire and Explosion Control.
A.
All activities, including storage involving flammable and explosive materials at any point within a lot shall be provided with adequate safety and fire fighting devices, as determined by the Fire Marshal.
B.
The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flash point of not less than 187° F., is permitted, subject to compliance with all other environmental controls.
C.
The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flash point of less than 187° F. but not less than 120° F., is permitted, subject to compliance with all other environmental controls and provided the following conditions are met:
(1)
Said materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having incombustible exterior walls.
(2)
All such buildings or structures shall be set back at least 75 feet from side or rear lot lines and 150 feet from the front lot line, and shall be protected throughout by an automatic sprinkler system complying with current installation standards prescribed by the National Fire Protection Association or, if the materials, goods or products are liquids, the protection thereof shall be in conformity with current standards prescribed by the National Fire Protection Association, which are hereby adopted by reference.
D.
The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flash point of less than 120° F., shall be prohibited without special permit from the Township Engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:
(1)
The final manufactured product shall not itself have a closed cup flash point of less than 187° F.
(2)
The use of such material shall be in conformity with the current standards prescribed by the National Fire Protection Association, which are hereby adopted by reference, and the requirements of other ordinances of the Township.
10.
Heat and Glare Control.
A.
Heat. No use shall carry on an operation that would produce an increase in ambient air temperature of more than 2° F. at the property line of the lot on which the use is situated.
B.
Glare. No use shall carry on an operation that would produce glare from unshielded bulbs or any production operation (such as welding) beyond the property line of the lot on which the use is situated. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. Lighting fixtures that shield the reflector or lens of any high brightness surface from viewing angles above 60° from horizontal shall be utilized.
11.
Storage Control.
A.
No liquids, solids, or gases having a flash point less than 73° F. (as specified in the National Fire Code, Vol. 12 and 13, National Fire Protection Association), shall be stored in bulk above ground, except tanks or drums of fuel, having a maximum capacity of 2,000 gallons, connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.
B.
The capacity of flammable materials permitted in gallons shall be as follows:
Flash Point Closed Cup Tester | Above Ground | |
|---|---|---|
140° F. or higher | 10,000 | |
74° F. to 139° F. | 5,000 | |
73° F. or less, fuels connected to energy devices | 3,000 |
C.
Except for agricultural use, all outdoor storage facilities for (fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by a fence with a minimum height of six feet. Such fence shall be chain (link, stockade, picket (not exceeding three-inch spacing), solid wood, building wall, or such other materials as may be acceptable to the Zoning Officer to carry out the intent of this section.
D.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse. Disposal of sewage, septage, or sludge must meet the requirements of the Pennsylvania Department of Environmental Protection.
E.
All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
F.
Radioactivity and Electrical Disturbance. There shall be no storage of materials which emits radioactivity beyond the boundaries of the lot on which it is located. There shall be no electrical disturbance adversely affecting the operation of any equipment beyond the property line of the creator of such disturbance.
12.
Traffic Control.
A.
No activity shall occur which would adversely affect traffic flow and/or present traffic controls within the Township by creating a level of service below that which is specified in this subsection.
B.
To minimize potentially adverse conditions, the level of service for traffic along any road within 1,500 feet of the points of ingress and egress of a tract or lot shall be a level of service "C" or better. The term "level of service" and the categories thereof are used herein in accordance with the definitions or meanings ascribed thereto in the document entitled: Trip Generation, An Institute of Transportation Engineers Informational Report (most current edition).
C.
The determination of levels of service shall be made after an experienced Transportation Engineer/Traffic Consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report, and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, in particular the following chapters: 471-610 pertaining to Engineering and Traffic Studies; 471-611 pertaining to Maintenance and Protection of Traffic; and, 471-615 pertaining to Official Traffic Control Devices. Said study shall indicate compliance with the requirement for a level of service "C" or better as set forth above, and shall include the data upon which the conclusions of said study are based, including, without limitation, traffic counts, the hours thereof, the dates thereof, and the types of motor vehicles comprising such counts.
D.
Any activity which would result in a level of service below "C" shall be considered deficient and shall not be permitted unless improvements are made to the streets and/or intersections which raise the level of service to "C." The improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external street and intersection design and improvements, traffic signal installation and operation, including signal timing.
§ 27-2513 Lighting Standards.
[Ord. 94, 6/8/1988, § 1812]
The following standards shall apply:
Type of Developments | Minimum Average Footcandle Level | |
|---|---|---|
Shopping centers and other commercial areas | 2.0 | |
Industrial/office campuses | 1.0 | |
Recreational areas | 1.0 | |
Multifamily and planned residential developments | 0.6 — 0.8 | |
Residential streets | 0.4 | |
Sidewalks | 0.2 | |
Pedestrian walkways | 0.4 | |
All lighting shall be designed so that no direct rays shall fall upon any neighboring property or street. Lighting standards shall be located no less than five feet from the paving of parking spaces, drives or streets. Lighting structures shall not exceed 20 feet in height in shopping centers and other commercial areas, industrial/office campuses, and recreational areas. Lighting structures shall not exceed 15 feet in height in multifamily and planned residential developments, residential streets, sidewalks and pedestrian walkways. | ||
§ 27-2514 Restriction Against Further Subdivision.
[Ord. 94, 6/8/1988, § 1813; as amended by Ord. 148, 9/7/1993, § I, 1]
Any property located within the Township which is subject to a restriction against further subdivision, whether by a notation on a subdivision plan and/or restriction in a deed, shall not be further subdivided, regardless of an intervening zoning change.
§ 27-2515 Special Setbacks.
[Ord. 94, 6/8/1988; Ord. 206, 8/5/2003, § 5; Ord. 2011-4, 5/3/2011, Art. XXXVIII; Ord. No. 2021-007, 10/19/2021; Ord. No. 2025-004, 2/18/2025]
1.
Special setbacks shall be larger yard requirements that are imposed in areas where additional space is necessary to separate a use or building from a street, natural resource area, farmland, or pipeline.
A.
Setbacks for Reverse Frontage Lots. Reverse frontage lots are through lots with the front yard along an internal street from which the lot takes access, and the rear yard along another street from which the lot has no access.
(1)
These setback requirements shall apply to all uses and principal structures on any reverse frontage lots, regardless of the type of street, and shall supersede the yard and setback requirements for the all zoning districts within which the lots lie.
(2)
The special setback shall be measured from the ultimate right-of-way line of the streets to the principal structure.
(3)
For all reverse frontage lots created after the effective date of this chapter, the special setback shall be a minimum of 200 feet from the ultimate right-of-way. A buffer shall be planted in accordance with § 22-520, Subsection 1D and E, Landscape Conservation and Improvement Plans, of the Subdivision Ordinance [Chapter 22]. Accessory structures, including fences, shall not be placed within the buffer.
(4)
Special setbacks may not be used to meet minimum open space requirements.
B.
Pipelines. All buildings housing a human activity, including a residence, commercial, industrial, or institutional use shall be set back a minimum of 75 feet from any pipeline right-of-way which transports a flammable or explosive material, except for those lines providing domestic gas service. Other buildings or structures not occupied by humans shall be prohibited within the right-of-way of the pipeline.
C.
(Reserved)
D.
Setbacks from Active Agricultural Use. New land development adjacent to a lot with an active agriculture use shall have a special setback so that any buildings or principal structures shall be no closer than 200 feet from the lot line of the lot with an active agricultural use. A buffer shall be planted on the development side of the lot line, within the special setback, in accordance with § 22-520, Subsection 1D and E, "Landscape Conservation and Improvement Plans," of the Subdivision Ordinance [Chapter 22], to prohibit encroachment on farmland, interference with farming operations, and disposal of yard waste.
E.
Setbacks from Electrical Transmission Towers and Power Lines. All structures used for human habitation shall be setback a distance equal to the height of the tower.