South Strabane Township Washington County
City Zoning Code
City Zoning Code
ARTICLE XVI
Supplemental Regulations
§ 245-169 Applicability.
§ 245-170 Performance standards.
All permitted uses, conditional uses and uses by special exception in all districts shall comply with the requirements of this section. In order to determine whether a proposed use 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.
A.
Fire protection. Fire-prevention and fire-fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B.
Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
C.
Noise.
(1)
No operation or activity shall cause or create noise, measured at the property line, in excess of the sound levels prescribed below:
(2)
(3)
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.
D.
Vibrations. Vibrations detectable without instruments on neighboring property in any zoning district shall be prohibited.
E.
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 fifty-percent 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.
F.
Smoke, ash, dust, fumes, vapors and gases. Except for activities authorized by Chapter 84, Burning, Open, of the Code of the Township of South Strabane, there shall be no emission at any point for longer than five minutes in any hour of visible gray or other color smoke, ash, dust, fumes, vapors or gases with a shade darker than No. 3 on the standard Ringelmann Smoke Chart issued by the United States Bureau of Mines, nor shall there be any emission at any point from any source that can cause damage to health, to animals or vegetation or other forms of property or that can cause excessive soiling at any point.
G.
Glare.
(1)
All lighting devices on properties in the A-1, R-1, R-2, R-3 and R-4 Districts shall be designed with shields, reflectors or refractor panels that direct and cut off light at a cutoff angle that is less than 60°.
(2)
All lighting devices on properties in the C-1, C-2, C-3, I-1 and I-2 Districts shall be designed with shields, reflectors or refractor panels and with full cutoff luminaires with a cutoff angle of 90°. (See illustrations in Appendix B.[1]) In no case shall there be spillover lighting on any adjacent property in an A-1, R-1, R-2, R-3 or R-4 District in excess of 0.2 footcandle.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
H.
Erosion. No erosion of land by wind or water shall be permitted onto adjacent properties. Measures satisfactory to the Township shall be installed to control erosion.
I.
Water pollution. Water quality shall be subject to the standards established by the Pennsylvania Department of Environmental Protection (PADEP).
J.
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.
K.
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 when the Township initiated the enforcement, 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 § 245-212 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.
§ 245-171 Buffer areas and landscaping.
A.
Buffer areas described. Buffer areas, as defined by this chapter and required by Subsection B, shall meet all of the following criteria: (See Appendix C for illustrations of buffer areas.[1])
(1)
Buffer Area A shall contain two rows of plantings. Each row shall consist of a mixture of 30% deciduous and 70% evergreen plantings, 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 that 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 35 feet, as measured from the property line.
(2)
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 25 feet, as measured from the property line.
(3)
Buffer Area C shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature and that are a minimum of six feet in height at the time of planting. The depth of Buffer Area C shall be 15 feet, as measured from the property line.
(4)
None of the required plantings shall encroach across any property line. All plantings shall be located so that, at maturity, all parts of the tree shall be a minimum of 2 1/2 feet from any public street right-of-way or any property line that constitutes the exterior boundary of the buffer area.
(5)
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.
(6)
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.
(7)
In the case of a lot that is deeper than 400 feet, the requirement to provide the buffer area along the entire perimeter of the lot may be waived by the Township Supervisors, provided the required buffer area is installed along the side property lines and across the rear yard at a sufficient depth to screen the buildings and parking areas from adjacent properties.
(8)
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 § 245-172D of this chapter.
(9)
No structures or uses shall be permitted in the required buffer area, other than fences, active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the buffer area, and provided 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.
(10)
When common open space is provided on a development site, the required buffer area shall be located within the common open space and shall not be located on any individual residential lot.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
B.
Buffer areas required. Buffer Areas A, B and C, listed in Subsection A above, shall be required under the following circumstances:
(2)
Where development of the types listed in the following table are proposed, the applicable buffer area shall be provided along all property lines adjoining property in the indicated zoning classification or containing the type of land use indicated:
[Amended 6-26-2011 by Ord. No. 4-2011; 6-26-2012 by Ord. No. 2-2012]
Table of Buffer Area Requirements | ||||
|---|---|---|---|---|
Development Proposed | Buffer Area Required | |||
A | B | C | ||
Multifamily | ||||
Adjoining single- or two-family use in an R District | X | |||
Adjoining multifamily use in an R District | X | |||
Adjoining undeveloped R property | X | |||
Adjoining any C-1 or C-2 District | X | |||
Adjoining any I-1 or I-2 District | X | |||
All uses in C-1 or C-2 District | ||||
Adjoining single- or two-family use in an R District | X | |||
Adjoining multifamily use in an R District | X | |||
Adjoining undeveloped R property | X | |||
Adjoining any C-1 or C-2 District | X | |||
Adjoining any C-3, I-1 or I-2 District | X | |||
All uses in C-3, I-1 or I-2 District | ||||
Adjoining any R District | X | |||
Adjoining any undeveloped R District | X | |||
Adjoining any C-1, C-2 or C-3 District | X | |||
Adjoining any I-1 or I-2 District | X | |||
(3)
In the event that a nonconforming use is proposed to be changed or expanded, the buffer area required for the most restrictive zoning district classification in which the use is listed as an authorized use shall be provided.
D.
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 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 § 245-171B, shall apply on all other sides of the existing structure.
E.
Existing trees in buffer areas.
(1)
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.
(2)
When any trees, regardless of their physical condition, are removed, they shall be replaced by trees suitable to the environment. (See Appendix D for a suggested list of plant materials.[2]) All such replacement planting shall be in accordance with accepted conservation practices.
[2]
Editor's Note: Appendix D is included at the end of this chapter.
F.
Size of trees in required buffer areas.
(1)
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.
(2)
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 time of planting, measured from the ground adjacent to the planted tree to the top of the tree.
G.
Responsibility for maintenance. It shall be the responsibility of the landowner or lessee 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. The landowner shall record a restrictive covenant on the land guaranteeing perpetual maintenance and preservation of the required buffer area.
H.
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.
I.
Landscaping of open areas. All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within two weeks after construction activities are completed, unless those activities are completed between November 1 and April 1. In such case, the required sodding or seeding shall occur by April 15, and erosion and sedimentation controls acceptable to the Township Engineer shall be installed during the winter months and until such landscaping is completed.
J.
Additional landscaping specifications. Landscaping shall be provided in accordance with the following specifications:
(1)
Planting required in buffer areas as outlined in § 245-171B shall not be substituted for any required planting mandated in this section.
(2)
The landscaping plan required by Chapter 206, Subdivision and Land Development, of the Code of the Township of South Strabane shall contain the following information to demonstrate compliance with this section:
(a)
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.
(b)
All required planting independent of any buffer area requirements (identifying each tree, bush, shrub, the use of sod or seeding, etc.), drawn to scale.
(d)
Any existing trees or vegetation that are to be preserved, accurately identifying their relative location.
(e)
Any existing trees or vegetation that will be removed, accurately identifying their relative location.
(4)
Nonresidential developments.
(a)
In any nonresidential development, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required buffer area or parking area:
Building Footprint (square feet) | Required Trees | |
|---|---|---|
1,000 to 30,000 | 1 tree for each 1,000 square feet of building footprint | |
30,001 to 75,000 | A minimum of 30 trees, plus 1 tree for each 3,000 square feet of building footprint in excess of 30,000 square feet | |
Over 75,000 | A minimum of 45 trees, plus 1 tree for each 5,000 square feet of building footprint over 75,000 square feet |
(b)
The required trees shall be planted in clusters on the site and shall be distributed throughout the site to enhance the open space on the site. The final location of the plantings shall be subject to approval by the Township, depending on the size of the site, the magnitude of the required buffer area and the amount of paving and building coverage proposed.
(5)
Developments containing multifamily dwellings.
(a)
In any development that contains multifamily dwellings, deciduous trees shall be planted in accordance with the following schedule. These trees shall be in addition to the trees provided in any required buffer area or parking area:
Number of Multifamily Dwellings | Required Trees | |
|---|---|---|
First 25 dwelling units | 1 tree for each dwelling unit | |
26 to 100 dwelling units | 25 trees, plus 1 tree for each 2 dwelling units in excess of 25 dwelling units | |
101 to 200 dwelling units | 62 trees, plus 1 tree for each 3 dwelling units in excess of 100 dwelling units | |
201 or more dwelling units | 95 trees, plus 1 tree for each 4 dwelling units in excess of 200 dwelling units |
(b)
The required trees shall be planted as front yard trees or may be clustered in groups around the multifamily dwelling units and shall not be located within any public street right-of-way. The final location of the plantings shall be subject to approval by the Township.
(6)
All trees that are required to be planted as per the regulations of this Subsection J 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.
(7)
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.
K.
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 18 months 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.
§ 245-172 Special yard requirements.
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 yard opposite the street on which the house faces shall be a rear yard and the remaining yard shall constitute a side yard.
C.
Accessory structures. In all zoning districts, the following regulations shall apply to accessory structures:
(1)
Private swimming pools and associated decks and patios accessory to a dwelling.
(a)
Swimming pools accessory to a dwelling shall be located at least 20 feet from any side or rear property line. Swimming pools accessory to a dwelling shall not be permitted in the area between the front building line and the street line, as defined herein.
(b)
Every swimming pool shall be provided with a water purification or filter system that is capable of maintaining water clarity and purity. Water clarity and purity shall be such that water in the pool does not obscure the bottom of the pool when seen from above the water level.
(c)
An outdoor swimming pool shall be completely enclosed with a barrier that meets the following minimum requirements:
[1]
The top of the barrier shall be at least 48 inches above grade, measured on the side of the barrier that faces away from the swimming pool. If the top of the pool structure is above grade, such as an aboveground pool, the barrier may be mounted on top of the pool structure as long as the barrier is at least 48 inches above the top of the pool structure.
[2]
Openings in the barrier shall prevent passage of a four-inch diameter sphere.
[3]
Solid barriers that do not have openings, including, but not limited to, masonry and stone walls, shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints.
[4]
If the barrier is composed of horizontal and vertical members, and the distance between the tops of the horizontal members is less than 45 inches:
[6]
Maximum mesh size for chain-link fences shall be 1 1/4 inch square unless the fence is provided with slats fastened at the top or the bottom of the fence that reduce the openings to no more than 1 3/4 inches.
[7]
If the barrier is composed of diagonal members, such as a lattice fence, the maximum opening formed by the diagonal members shall be no more than 1 3/4 inches.
(d)
Gates that provide access to swimming pools shall meet the following requirements:
[1]
Access gates shall be equipped to accommodate a locking device.
[2]
Pedestrian access gates shall open outward, away from the pool, and shall be self-closing and have a self-latching device.
[3]
If the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate, at least three inches below the top of the gate. The gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.
(e)
Where a wall of a dwelling serves as any part of a barrier, all doors with direct access to a swimming pool through the wall shall be equipped with an alarm that shall produce an audible warning when the door or its screen, if present, is opened. The alarm shall sound continuously for a minimum of 30 seconds immediately after the door is opened. The alarm shall have a minimum sound-pressure rating of 85 decibels at 10 feet and should be distinctive from other household sounds, such as smoke alarms, telephones and doorbells. The alarm shall automatically reset under all conditions.
(f)
Swimming pool ladder or step requirements. The following shall apply to an aboveground swimming pool that has a means of access by way of a ladder or steps:
(h)
Provisions shall be made for water flow necessitated by overflow pumping, pool cleaning and drainage. In no instance shall such drainage be permitted to flow onto adjoining property, pollute natural watercourses, create land erosion or enter sanitary sewer systems.
(2)
Private sports courts accessory to a dwelling. Sports courts accessory to a dwelling shall be located only in the rear yard and shall be no closer to the side or rear property line than 20 feet. Lighting of the sports court shall not be permitted. The area of the sports court shall not exceed 50% of the total area of the rear yard.
(3)
Fences.
(a)
No fence in any zoning district shall be constructed in any public street right-of-way. Fences in all zoning districts shall comply with the clear sight triangle requirements of § 245-172D of this chapter.
(b)
Fences accessory to a farm shall be permitted in any required yard, provided the maximum height shall not exceed six feet. A permit shall not be required for farm fences.
(c)
No barbed wire fence shall be installed in any R-1, R-2, R-3 or R-4 District.
(d)
In the R-1, R-2, R-3 and R-4 Districts, the finished side of the fence shall face the adjoining property.
(e)
In the A-1, R-1, R-2, R-3 or R-4 District, a fence accessory to a dwelling may be erected in the minimum required side yard or rear yard, provided the maximum height of the fence shall not exceed six feet, and further provided the fence is located behind the front building line.
(f)
In the R-1, R-2, R-3 and R-4 Districts, a decorative fence (a fence that has openings that comprise at least 75% of the surface area of the fence, including, but not limited to, split-rail fences and wrought iron fences, whose purpose is to contribute to the landscaping and exterior design, rather than to enclose property) may be permitted in the area between the front building line and the street line, provided the maximum height of the fence shall not exceed four feet, and further provided the fence does not form a continuous enclosure of the perimeter of the front yard.
(g)
In the C-1, C-2 and C-3 Commercial Districts, the maximum height of a fence shall be 10 feet.
(h)
In the I-1 and I-2 Industrial Districts, the maximum height of a fence shall be 10 feet.
(4)
Fences and buffer areas. All fences and buffer areas or landscaping material shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with the clear sight triangle required by § 245-172D.
(5)
Satellite dish antennas. Satellite dish antennas for personal use by private citizens, not including communications antennas, as defined by this chapter, shall be permitted as an accessory use, subject to the following requirements:
(a)
Satellite dish antennas that have a diameter of one meter or less shall be exempt from these regulations.
(b)
In the case of satellite dish antennas greater than one meter in diameter, only one satellite dish antenna shall be permitted on a residential lot. In all zoning districts, satellite dish antennas shall not be permitted in front yards. In residential zoning districts, the maximum diameter of any satellite dish antenna installed on any lot or on any roof or above any building shall be 12 feet.
(c)
In zoning districts other than residential, any satellite dish antenna greater than one meter in diameter that is installed on any lot or on any roof or above any building shall not exceed 20 feet in diameter. In all zoning districts, the maximum height of any freestanding satellite dish antenna shall be 25 feet and, in the case of satellite dish antennas mounted on a roof or above a building, the maximum height shall be no greater than 25 feet above the highest point on the roof.
(d)
In all zoning districts, no part of any satellite dish antenna shall be located closer than 10 feet to any property line.
(6)
Radio or television antennas. A radio or television antenna for personal use by private citizens shall be permitted as an accessory use, subject to the following requirements, except as these provisions may be superseded by any applicable Federal Communications Commission (FCC) ruling:
(a)
A radio or television antenna structure may be mounted on a roof or installed in a rear yard only.
(b)
The maximum height for such structure shall not exceed that otherwise allowed in the zoning district in which it is located by more than 20 feet. If placed on a roof, any antenna structure exceeding eight feet in height shall be mounted with guy wires.
(c)
Freestanding antennas shall be set back from the side and rear property lines a distance equal to the height of the antenna.
(d)
Any such structure shall comply with applicable airport zoning and Federal Communications Commission (FCC) regulations.
(e)
Radio or television antenna structures located on the ground shall be screened from adjacent properties by evergreen trees or other suitable material, as approved by the Township.
(7)
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 and C-2 Commercial Districts, provided that:
(a)
Such structure shall not be attached to the principal building;
(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; and
(d)
Such structure shall be removed immediately, once the principal use or the use of the accessory structure is discontinued.
(8)
Residential accessory storage structures and detached garages. No detached garage or storage structure accessory to a dwelling shall be located in the minimum required front yard. Storage structures and similar structures accessory to a dwelling that have a gross floor area of 120 square feet or less and no more than eight feet in height shall be located at least five feet from any side or rear property line, and a permit shall not be required for such structures. All other storage structures and all detached garages accessory to a dwelling shall comply with the side and rear yard requirements for accessory structures in the district in which they are located.
D.
Visibility at intersections. On corner lots or at any point of entry onto a public street, no object, including, without limitation, fences, landscaping rocks, hedges, trees and other plantings, buildings, structures, walls, signs and motor vehicles, shall be parked, erected, installed, planted or allowed to grow, either temporarily or permanently, in a manner that will obscure vision in the area between 2 1/2 feet and 10 feet above the ground, measured from the center line grade of the intersecting streets or street and driveway, within the clear sight triangle, as defined herein. The required clear sight triangle is illustrated in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
§ 245-173 Permitted projections into required yards.
The following shall be permitted to project into any required yard in any zoning district:
A.
Typical architectural features of the principal structure, including but not limited to bay windows, windowsills, chimneys, cornices and eaves, shall be permitted to project into required yards no more than 18 inches.
B.
Decks and their stairs, stoops and unenclosed porches without enclosed habitable foundation or space and without a roof or walls shall be permitted to project into required front, side and rear yards no more than three feet. Porches that have a roof or walls or that are enclosed or have enclosed habitable foundations shall be subject to the yard requirements for the principal structure.
C.
Steps attached to the principal building and open fire escapes shall be permitted to project into required yards no more than three feet.
§ 245-174 Height exceptions.
A.
The height limitations of this chapter shall not apply to the following structures, provided they do not exceed the height limitations of the district by more than 20 feet: church spires, smokestacks, chimneys, theater proscenia, public monuments, elevator bulkheads, rooftop mechanicals and other mechanical equipment that is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures and other structures not intended for human habitation.
B.
The foregoing exceptions shall not apply to radio and television transmitters, communications towers and communications antennas which are separately regulated by this chapter and any other conditional use or use by special exception where the express standards and criteria specify a height limitation that exceeds the height limitation otherwise applicable in the district.
§ 245-175 Drive-through facilities.
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.
Access. Drive-through facilities proposed on parcels within a planned shopping center shall have access only from the interior circulation system within the planned shopping center site. All other properties shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
B.
Standing spaces. 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 shall be provided in line with each service position for vehicles to wait in line. The term "service position" shall mean a pick-up window or automated machine where customer transactions occur or a stall where vehicle maintenance such as washing or oil changes are performed. In the case of a fast-food restaurant, the menu board shall not be considered a service position, provided it is located adjacent to the lane containing the standing spaces.
[Amended 6-26-2012 by Ord. No. 2-2012]
C.
Markings and signs. Entrances, exits and standing spaces shall be adequately indicated with pavement markings and/or directional signs.
D.
Circulation patterns. Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
E.
Setback from residential properties. No service position or standing lane shall be located within 150 feet of any property line adjoining property in an R-1, R-2, R-3 or R-4 District.
§ 245-176 Temporary construction trailers, model homes or sales offices.
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, provided a valid grading permit or building permit has been issued for the next phase.
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 temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer, in accordance with the requirements of § 245-216, prior to the commencement of construction and shall be renewed every 12 months, if necessary, until the project is completed.
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 residential use.
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 advertising materials for the project shall be attached to the temporary construction trailer; however, the name of the construction company may appear on the trailer.
G.
"Class 3" materials, as classified by the National Fire Protection Association (NFPA), shall not be stored in temporary construction trailers. Temporary fuel tanks utilized on a construction site shall not be located within 100 feet of any property line adjoining property in an A-1, R-1, R-2, R-3 or R-4 District.
H.
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 property in an R-1, R-2, R-3 or R-4 District. No advertising information shall be located on the outside of the trailer or sales office.
I.
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.
J.
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.
§ 245-177 Agriculture and related uses.
When authorized by this chapter, agriculture, agricultural sales, boarding stables, commercial greenhouses, kennels, private stables and riding academies shall be subject to the following requirements:
A.
Storage of manure and odor- and dust-producing substances shall be located at least 200 feet from any property line.
B.
Any stable or other building used for the sheltering, keeping, raising or feeding of horses, livestock and poultry shall be located at least 300 feet from any property line.
C.
Commercial greenhouse heating plants shall be at least 100 feet from any property line.
D.
All grazing and pasture areas shall be adequately fenced.
E.
Agricultural sales, as defined herein, shall be permitted accessory to a farm, as defined herein, in the A-1 District only, subject to the following regulations:
(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 agricultural products shall exceed 5,000 square feet of sales area.
(7)
Off-street parking for seasonal roadside stands shall be designed in accordance with § 245-182; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
(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.
F.
Seasonal activities, such as hay rides, spring and fall festivals and similar activities related to the farm, shall be subject to all applicable requirements of § 245-216 for temporary uses, provided adequate parking is provided in a temporary parking area, based on the ratio specified in § 245-183C for "all other uses."
§ 245-178 Storage regulations.
A.
Outdoor storage in commercial and industrial districts.
(1)
In the C-1, C-2 and C-3 Districts, storage of materials outside a completely enclosed building shall not be permitted, except for convenience stores, vehicle sales, nurseries, garden supply, building supply, recreational equipment center or facility, custom crafting and similar businesses that require outdoor storage of products offered for sale. In the case of such uses that require outside storage of products offered for sale, a plan shall be submitted to the Planning Commission for approval, demonstrating that the outdoor storage and display area shall not block any parking spaces, loading berths, fire lanes or driveways used for traffic circulation into, out of or within the site.
(2)
In the I-1 and I-2 Districts, any material or equipment stored outside an enclosed building shall be incidental to the principal use of the lot and shall be stored to the rear of the building or an alternative location that screens the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property. If existing buildings do not screen the storage area from public view from the street or adjacent residential property located at similar elevations within 500 feet of the property, the area shall be screened by a hedge or opaque fence at least eight feet in height.
B.
Portable on-demand storage (PODS®) units or temporary storage trailers or containers in commercial and industrial districts.
(1)
In the C-1, C-2, C-3, I-1 and I-2 Districts, portable on-demand storage (PODS®) units or temporary storage trailers or containers, as defined by this chapter, may be used for seasonal and short-term storage of inventory or supplies, provided such PODS®, storage trailers or containers are located to the rear of the principal building and shall be at least 20 feet from any side or rear property line. The PODS® and temporary storage trailers or containers shall not be located in any fire lanes, minimum required parking spaces or loading berths, nor shall ingress and egress to the site or to any fire lanes, parking spaces or loading berths be blocked.
(2)
In the case of temporary storage trailers for which vehicle registration and/or inspection are required by state law, a current registration and/or inspection sticker shall be required for the duration of its use for temporary storage. If the storage trailer is wheeled, it shall be rendered immobile during the time it is used for storage.
(3)
A temporary use permit, as required by § 245-216, shall be required for portable on-demand storage (PODS®) units and temporary storage trailers or containers, subject to payment of the fee established from time to time by resolution of the Board of Supervisors.
(4)
The number of PODS® and temporary storage trailers or containers authorized for each business shall be determined by the gross floor area of the principal building occupied by the business to which the temporary storage units are accessory. One PODS® unit or temporary storage trailer or container shall be authorized for each 10,000 square feet of gross floor area of the principal building occupied by the business to which the storage units are accessory, up to a gross floor area of 50,000 square feet. One additional PODS® unit or temporary storage trailer or container shall be authorized for each additional 25,000 square feet of gross floor area over 50,000 square feet occupied by the business, up to a maximum gross floor area of 200,000 square feet. The maximum number of temporary storage units for any business that has more than 200,000 square feet of gross floor area shall be 11 units, regardless of the gross floor area of the building occupied by the business.
(5)
The total number of temporary storage units authorized for each business shall be governed by a single temporary use permit. That temporary use permit shall be valid for the ninety-day period authorized by this Subsection B, unless extended as provided for herein.
(6)
No portable on-demand storage (PODS®) unit or temporary storage trailer or container shall be permitted to remain on the lot for more than 90 consecutive days in any twelve-month period. Upon demonstration of the continued need for the portable on-demand storage (PODS®) units or temporary storage trailers or containers authorized by the temporary use permit, the Zoning Officer may grant one extension, for a cumulative total of no more than 120 days in a twelve-month period. In no case shall any of these temporary storage units become a permanent method of storage.
C.
Portable on-demand storage (PODS®) units in agricultural and residential districts.
(1)
In the A-1, R-1, R-2, R-3 and R-4 Districts, only one portable on-demand storage (PODS®) unit shall be allowed on a lot. The portable on-demand storage (PODS®) unit may be located in any minimum required front, side or rear yard, provided it is at least three feet from any property line and 10 feet from the curb of any street or, if there is no curb, from the edge of the paving of the public or private street.
(2)
Portable on-demand storage (PODS®) units that are utilized for the purpose of moving or relocating personal effects shall be permitted to remain on the lot for no more than 30 consecutive days in a calendar year.
(3)
Portable on-demand storage (PODS®) units that are utilized during repair or reconstruction of a structure on the lot shall be permitted to remain on the lot for no more than 90 consecutive days in any twelve-month period. Upon demonstration of the continued need for the personal on-demand storage (PODS®) unit, the Zoning Officer may grant one extension, for a cumulative total of no more than 180 consecutive days in any twelve-month period.
D.
Refuse collection and waste disposal. In all districts, all organic rubbish and discarded materials shall be placed in tight, verminproof containers on the property and shall be secured in side or rear yards screened from public view by means of a solid-face fence or wall at least six feet in height. Containers shall be emptied once a week. On properties where food is served in paper containers, covered waste receptacles shall be conspicuously located on the premises for use by patrons. The management shall be responsible for maintaining the property free of litter.
E.
Storage of recreational vehicles. Recreational vehicles with a current license, registration and a valid inspection sticker may be parked or stored on any lot containing a dwelling unit in an A-1, R-1, R-2, R-3 or R-4 District, provided the clear sight triangle required by § 245-172D is maintained. At no time shall any parked or stored recreational vehicle be occupied or used as a dwelling.
F.
Parking of commercial vehicles and equipment. Commercial vehicles and equipment, including trucks in excess of one-ton capacity, tandems, tractor-trailers, tractors or other commercial or construction or cargo-moving vehicles or equipment, shall not, under any conditions, be stored outside a completely enclosed building or parked outside overnight, between the hours of 10:00 p.m. and 7:00 a.m., on any property in an R-1, R-2, R-3 or R-4 District, other than on construction sites for an approved subdivision or land development, on sites for which a valid grading permit, zoning certificate or building permit is in effect, or on farms that are being used for agriculture, as defined by this chapter.
§ 245-179 Forestry.
Forestry, as defined herein, shall be conducted in accordance with the following provisions. Proof of compliance with all requirements shall be submitted with the application for a zoning certificate:
A.
All operations shall be located at least 300 feet from any existing dwelling.
B.
All operations shall be discontinued between 7:00 p.m. and 7:00 a.m., provided further that such operations shall not take place during any hours on Sundays or legal government holidays.
C.
Routes to be used by the hauling trucks shall be approved by the Township, and the operator shall demonstrate that there shall be no negative impact on Township roads from the proposed operation.
D.
The operator shall provide the Township with a copy of a videotape of the condition of all roads to be utilized in the forestry operation prior to commencing operations.
E.
An agreement with the Board of Supervisors shall be executed, and a performance bond shall be posted in favor of and in the amount required by the Township to guarantee restoration of Township roads used as hauling routes.
F.
The operator shall be responsible for cleaning dirt and debris from public streets daily during the operation.
G.
The applicant shall submit a copy of the state and/or county permit for hauling on state and/or county roads.
H.
The applicant shall supply the Township with the name of an on-site contact person.
I.
J.
A logging plan prepared and sealed by a registered surveyor or engineer shall be submitted that shows, at a minimum:
(1)
The design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
(2)
The design, construction and maintenance of water-control measures and structures such as culverts, broad-based dips, filter strips and water bars.
(3)
The design, construction and maintenance of stream and wetland crossings, if any.
(4)
The general boundaries of the proposed operation in relation to Township and state or county roads, including any accesses to those roads.
(5)
The site location, including boundaries of the property and boundaries of the proposed harvest area.
(6)
Significant topographic features.
(7)
The location of all earth-disturbance activities, such as roads, landings and water-control measures and structures.
(8)
The location of all crossings of waters of the commonwealth.
K.
Felling or skidding on or across any public street is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation (PennDOT), whichever is responsible for maintenance of the street.
L.
No remnants of trees or debris shall be left within 25 feet of any public street or any private road providing access to adjoining residential property during the operation.
M.
All remnants of trees, stumps and debris within 50 feet of a public street or residential property line shall be cut to a maximum of four feet above the adjacent ground level following completion of the forestry operation.
N.
No remnants of trees or debris shall be left on any adjoining property or across any property line without the consent of the adjoining owner during the operation.
O.
Upon completion of the forestry operation, haul roads shall be restored to their original condition.
§ 245-180 No-impact home-based businesses.
All 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.
§ 245-180.1 Woodpiles.
[Added 7-27-2021 by Ord. No. 3-2021]
All woodpiles located in residential zones R-1 through R-5 shall comply with the following:
A.
Woodpiles shall be no higher than six feet.
B.
Woodpiles shall not occupy a footprint greater than 50 square feet in area.
C.
All woodpiles shall comply with the setback requirements applicable to accessory structures in the zoning district in which they are located.
D.
No woodpile can be located in a front yard as defined herein.
E.
No woodpile can be located between a principal structure and the front yard line.
F.
Any woodpile in existence as of the first day of September, 2021 which does not comply with the provisions of this chapter must be removed or placed in compliance with the terms of this chapter within one year after written notice to comply is given by the Zoning Officer. Such notice shall be in writing and shall be served upon the property owner either in person or by certified mail.