New permanent roofed accessory structures, utility sheds and outdoor swimming pools, standing apart from the principal structure, are permitted in the general buildable area and inside the rear yards as long as they are at least five feet from any property line. Existing, permanent roofed accessory structures, utility sheds, and outdoor swimming pools that are proposed for repair or replacement may be exempted from this minimum five-foot setback requirement if the repaired or replaced structure is the same (footprint and height) as the prior existing structure and it is not set back less than the prior existing structure.

For all other requirements, a nonattached structure is considered a part of the principal building.

No fence or wall shall be erected to a height of more than four feet in a front yard area. In the case of a corner lot, a fence exceeding four feet may be erected in the second front yard as defined in § 310-27C of this chapter, provided that such fence does not exceed four feet within the primary front yard area.

No fence or wall shall exceed six feet in height in side and rear yards in R-1 or R-2 Residential Zones.

No fence or wall shall exceed eight feet in height in side and rear yard areas in any nonresidential zone.

Barbed wire and electrified fences are permitted in the C or IP Zone only, and only if not prohibited by other laws regarding public safety.

All fences and walls may be located on the property line. Any space created between fence structures shall be maintained by the property owner.

Recreation courts. Notwithstanding the height limitations set forth above, recreation courts, such as tennis, pickleball and basketball courts, shall include an open mesh permanent fence no less than four feet and no more than 10 feet in height behind each baseline. Such fence shall extend parallel to said baseline at least 10 feet beyond the court's playing surface unless the entire court is enclosed. No recreational court shall be constructed in a front yard. All such fences located in any residential zone shall be set back at least 15 feet from any side yard or rear yard line.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may 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, which is detectable in the neighborhood.

The business activity may not generate any traffic, solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

A use certificate shall be required to register the business activity.

A family day-care home may be permitted as an accessory use to a single-family dwelling.

Four, five or six children who are not related to the caregiver may receive child care in a family day-care home.

All family day-care homes shall hold a family child-care home certificate of registration from the Pennsylvania Department of Public Welfare in order to legally operate.

All family day-care homes shall conform to 55 Pa. Code, Chapter 3290, Family Child-Care Homes, as may be amended from time to time.

A use certificate shall be required to register the business activity.

Flags of any federal, state or local government.

Interior signs not visible from a public right-of-way or adjoining property.

Cornerstones built into or attached to a wall of a building.

Official notices of any court or public office.

Legal notices posted pursuant to law.

Public service signs as aids to safety or service.

For all uses:

For business signs, other than identification signs, any number of signs is permitted as long as their total area does not exceed the maximum under Subsection D below.

No more than one sign advertising the sale or rental of a premises shall be placed on the property unless said property fronts on more than one street, in which case one sign may be located on each street frontage.

Wall or freestanding business identification signs shall be limited to one square foot for each two lineal feet of horizontal building facade length, but not to exceed an aggregate area as set forth in § 310-13D below. No more than two freestanding sign structures shall be permitted per lot.

In the case of freestanding letters, it shall be the area contained between the highest and lowest points of any letters and the extremity points of the first and last letters.

In the case of figures and designs, the space between such figures and designs shall be included.

Where a sign has two or more faces:

All zoning districts.

R-1 Residential Suburban and R-2 Residential Urban Districts.

Apartment-Office Zone.

Commercial, Industrial and Open Space Districts.

Notwithstanding the foregoing, no signs shall be permitted which advertise a no-impact home-based business.

No portion of a sign may be closer to a street right-of-way line than 10 feet, except for a sign less than three feet in height.

No sign is permitted within a clear sight triangle, as provided in the Township Subdivision and Land Development Ordinance, at an intersection that, in the opinion of the Township police or the Zoning Officer, will obstruct the vision of motorists.[1]

No sign shall be so located or arranged that it interferes with pedestrian or vehicular traffic because of glare; blocking of reasonable sight lines for streets, sidewalks or driveways; confusion with a traffic-control device (by reason of color, location, shape or other characteristic); or for any other reason.

For all uses, an advertising and a business sign must be at least 60 feet apart.

No advertising or business sign exceeding 30 square feet in area may be located within 75 feet of an R-1 or R-2 residential zone.

No sign may project over a public sidewalk area.

No sign may project over a street unless specifically authorized by other Township or state regulations.

No sign may project more than 25 feet above the ground except for an attached sign that may project 10 feet above the roof of a building, providing the sign so placed does not project more than 35 feet from the ground to the highest part of the sign.

Wall signs shall not extend beyond the edge of any facade or other surface to which they are mounted and shall not project more than 12 inches from the wall's surface.

Projecting signs shall not extend more than four feet from the wall or surface to which they are mounted.

Projecting signs shall not interfere with normal pedestrian or vehicular traffic and shall not be less than eight feet six inches above the pavement or ground.

Flashing and intermittent lights are permitted only in Commercial or Industrial Park Zone.

A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any abutting property or adjacent residence, and so it does not distract or not obstruct the vision of motorists or pedestrians.

Flashing and intermittent lights, and signs which are illuminated in the colors red, green or amber, either by colored bulbs or tubing, or which produce high reflections through the use of special preparations such as fluorescent paint or glass, may not be located within a radius of 200 feet of a highway traffic light or similar safety device or from the center of any street intersection. No red, amber or green lights shall be permitted higher than 15 feet above ground level.

The maximum frequency of a change in copy or message on electronic message signs shall be no less than once every one minute.

Nameplate signs displaying the name and address of the occupant of a dwelling or dwelling unit, and signs identifying a permitted home occupation, displaying the name, profession or activity, shall not be internally illuminated or illuminated by any lighting having a total wattage of more than 100 watts.

Nonilluminated temporary signs may be permitted on new construction sites, if such signs do not to exceed 32 square feet in total area and if they are removed within seven days after completion of the construction work. Not more than one sign shall be placed on each street frontage of the construction site.

Electronic message signs shall not flash, rotate or blink.

Each electronic message sign shall be permanently installed. No portable signs of any kind shall be allowed under this provision.

Frequency of a change in copy or message on the electronic message sign shall be no less than once every one minute.

The electronic message sign shall not distract drivers of vehicles within the area and shall not under any circumstances imitate or emulate traffic-control devices.

Electronic message signs shall not be permitted on that side of the property that may be located adjacent to any residential district.

All copy, characters or other changeable images shall be of one color only, with light copy on a dark background.

Exceptions:

Any sign that displays moving, racing, scrolling, or other digital, electronic or internally illuminated text or images that appear to scroll, race or move shall be prohibited.

An abandoned sign is a sign that is located on and/or related to a use which has become vacant and unoccupied for a period of more than six months; was erected for an occupant or business unrelated to the present occupant or business; or which relates to a time, event or purpose which is past.

Whenever the Township removes or causes to be removed a sign pursuant to this section, the cost of such removal shall be paid by the owner of the property on which such sign is or was located. The cost of removal shall be certified to the Township Manager. Upon filing of such certification, the Township Secretary shall cause 30 days' written notice to be given by certified mail to the person or persons against whose property an assessment has been made. The notice shall state the amount of the assessment and the time and place of payment and shall be accompanied by a copy of the certificate. The expense of such notice shall be borne by the Township. The amount assessed against the real estate shall be a lien from the time of filing of the certificate with the Board of Commissioners and, if not paid within the time stipulated, a claim may be filed and collected in the same manner as municipal claims are filed and collected.

No recreation sponsorship sign shall be more than six feet above the ground.

The height of such sign shall not exceed four feet and the width shall not exceed six feet.

All such signs shall be erected on the inside wall of a baseball field outfield fence.

There shall be five feet of open space between each sign.

The background color of all such signs shall be black.

All such signs shall be constructed of a flexible, vinyl material.

All such signs shall be one-sided and facing inward.

All such signs shall only be erected during the athletic season for which the sponsorship supports.

All such signs shall be erected within 10 days prior to the athletic season which the sponsorship supports and shall be removed no later than 10 days after such season ends.

Signs announcing a political campaign, drive or event shall be allowed no more than 45 days prior to and shall be removed within five days following the election.

Signs announcing a fund-raising campaign, drive or event, or that of a civic, philanthropic, educational, religious or nonprofit organization shall be allowed for a maximum of 30 days in a six-month period.

Signs identifying a yard or garage sale or public auction may be placed a maximum of five days prior to a sale and removed within 24 hours after the sale.

Signs advertising the seasonal sale of products or goods, such products as Christmas trees, Easter flowers, fireworks, etc., shall not be posted earlier than 30 days before the date of the event to which they pertain and shall be removed within seven days of said event.

Business promotion signs advertising the temporary sale of products, goods or services shall be allowed for a maximum of 30 days in a six-month period.

Signs advertising the sale or rental of a property may be located only on the affected property while being so offered and shall be removed within seven days after settlement or a lease has been entered into.

Signs of architects, builders, contractors, developers, engineers, painters and similar artisans may be only located on the affected property and shall be removed promptly upon completion of the work.

Directional sign for real estate open house are allowed three days prior to and removed on closing day of the event.

Buntings and pennants are permitted only to announce the opening of a new business or industry or in connection with a civic event, only at the event site, and must be removed after 30 days.

Temporary off-premises signs, when permitted, shall not be placed within a public right-of-way or on property owned and/or maintained by Spring Garden Township.

Temporary off-premises signs require permission of the property owner prior to installation of the sign.

Portable signs, including "A-frame" signs, sandwich boards, and sidewalk or curb signs shall not obstruct any public right-of-way and shall be displayed on site during the normal hours of operation of the business for which the sign applies. Signs on moving vehicles are prohibited.

Window signs, regardless of type and number of signs, shall not exceed 20% of the total area of the window.

Signs identifying office, commercial or industrial subdivisions or land developments comprising three or more principal uses may be located at up to three of the major entrances from exterior streets and may include the overall name of the development and any logo. Such signs shall not include advertising.

Each parking space shall be not less than 10 feet by 18 feet, exclusive of aisles or passageways and driveways appurtenant to the space and giving access to it.

Where parking spaces are served and/or separated by aisles or passageways, the minimum width of said aisles must be 18 feet for one-way traffic or 24 feet for two-way traffic. All parking spaces shall be clearly defined by painted lines or wheel blocks.

The size of accessible parking spaces shall be in accordance with the current American with Disabilities Act Accessibility Guidelines for Buildings and Facilities.

For each use or building erected or enlarged, off-street parking spaces must be provided in accordance with the following schedule:

All uses shall provided accessible parking spaces in accordance with the current American with Disabilities Act Accessibility Guidelines for Buildings and Facilities, and as set forth in the following table.

The nearest point of the parking lot shall not be further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use, and 300 feet in the case of an industrial use.

The parking area must remain under the control of the owner or operator of the use to which the parking area is appurtenant.

Accessible parking spaces shall be located in accordance with the current American with Disabilities Act Accessibility Guidelines for Buildings and Facilities.

For all uses except single-family residences, the parking area must be arranged so there be no need for motorists to back over public rights-of-way, and where a parking area abuts the right-of-way line of a public street or alley, a railing, post and chain barricade, raised curbs or equally effective device must line the right-of-way except at access points.

Parking areas must be set back at least three feet from all property lines.

All parking areas, except those for single-family residences, shall be designed so that a vehicle may proceed to and from it without requiring the movement of any other vehicle.

Driveways may not cross the street right-of-way lines:

Driveways must be set back at least three feet from all property lines except for common driveways serving abutting properties.

Clear sight triangles. Proper sight clearance must be maintained at all street and driveway intersections in accordance with § 310-27D of this chapter.

Entrance to the street shall be an angle of 75° to 105° with the intersecting street.

All driveways shall be paved with concrete, brick, paving blocks or bituminous paving material.

All curb cuts shall be properly constructed to the satisfaction of the Township Engineer when curbing is provided. If curbing is not provided, then an adequate drainpipe shall be installed under a driveway where it crosses a street gutter or drainage ditch, as determined by the Township Engineer.

Each driveway shall be designed and constructed with adequate provisions for drainage.

No driveway shall be constructed within three feet of any building unless a raised curb is provided.

In any parking lot containing 30 or more parking spaces, (excluding a parking garage), 5% of the total area of the parking lot shall be devoted to interior landscaping. Such interior landscaping shall be used at the end of parking space rows to break up rows of parking spaces and to help visually define travel lanes within the parking lot. No more than 20 parking spaces shall be placed in a row without the use of a landscaped island.

Landscaping areas situated outside of the physical confines of the parking lot, such as peripheral areas and areas around buildings, shall not constitute interior landscaping. For purposes of computing the total area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking and loading and unloading spaces, fire lanes, access and drive aisles, islands, and curbed areas.

Perimeter plantings around parking lots shall also be provided. Perimeter landscaped areas shall be a minimum of five feet in width. A minimum of one deciduous or coniferous tree and two shrubs shall be provided for each 50 feet of parking lot perimeter provided. The balance of the perimeter shall be composed of ground cover, grass, perennials, and the like. Earthen berms and mounds are encouraged to screen the parking area from public streets or adjacent properties.

Ground cover alone is not sufficient to meet the parking lot landscaping requirements. A mixed planting design of deciduous trees, shrubs, and ground cover shall be provided within the landscaped islands.

The following design requirements shall be adhered to for all interior landscaping within parking lots.

Where a use involves exterior lighting, the lighting must be so located and shielded that any objectionable illumination or glare is directed away from adjacent and adjoining properties and public rights-of-way.

All light sources, including signs, shall be shielded and directed as to prevent the lighting from creating a nuisance to and shining into the eyes of passing motorists.

Streetlighting, temporary decorative lighting less than 2,000 lumens, and emergency lighting used by police, fire-fighting and medical personnel shall be exempted from these regulations.

Flickering and flashing lights or the use of strobe lighting is strictly prohibited.

The installation or erection of any lighting that may be confused with warning signals, emergency signals or traffic signals shall be unlawful.

Any lighting that produces glare shall not cause illumination in excess of 0.5 footcandle measured at the property line.

Lighting levels shall be measured in footcandles. Measurement shall be taken with a direct-reading portable light meter or light-reading equipment recommended by the Township Engineer.

The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted only if said materials or products are stored, utilized or manufactured within a completely enclosed building having an incombustible exterior and protected throughout by an automatic fire-extinguishing system.

All activities involving the use and/or storage and/or disposal of flammable or explosive material shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard to the industry involved.

All site layouts and structures shall comply with the standards and requirements contained in the following, as adopted by Spring Garden Township:

No structure and no activity within a site or structure shall pose a fire hazard to life or property. Access for firefighters and equipment shall be provided for every structure on the site.

No emission that would be demonstrably injurious to human health, animals or plant life at or beyond the boundaries of any lot will be permitted. Where such an emission could result from an accident or equipment malfunction, adequate safeguards considered standard for safe utilization of the toxic and noxious matters involved shall be taken.

No toxic substance or material shall be stored or maintained in violation of any state or federal law or regulation.

Copies of all lists of hazardous substances, hazardous substance survey forms (HSSF), environmental hazard survey forms (EHSF) and material safety data sheets (MSDS), as each of said terms are defined in the Pennsylvania Worker and Community Right to Know Act, Act No. 150 of 1984, enacted October 5, 1984, shall be filed with the Spring Garden Township Fire Chief in accordance with Chapter 145, Article III, of the Code of the Township of Spring Garden.

Hazardous materials shall consist of those chemicals or substances which are physical or health hazards, including combustible or flammable gases, liquids, solids; compressed gas; irritants; toxins, carcinogens, teratogens, and mutagens; cryogenic substances; oxidizers and corrosives; and pyrophoric and reactive materials.

Residual and hazardous waste. The handling and disposal of residual or hazardous wastes shall be in accordance with standards and regulations established by the Commonwealth of Pennsylvania in Title 25 of the Pennsylvania Code, Chapters 260 through 285, and by the U.S. Environmental Protection Agency, in Code of Federal Regulations, Title 40, Chapter I.

The discharge of any substance into the atmosphere shall be in strict compliance with provisions of the Federal Clean Air Act and the Pennsylvania Air Pollution Control Act, as amended. In order to minimize overlapping regulations, the Township adopts these standards as its own. Therefore, all operations, activities and uses shall be in compliance with the standards contained in the following: Commonwealth of Pennsylvania Air Pollution Control Act, Title 25, Pa. Code, Chapters 121 through 143, and the Code of Federal Regulations, Title 40, Subchapter C.

Notwithstanding the provisions of the foregoing subsection, vibration created by blasting or other means such as construction equipment shall be restricted to between the hours of 7:00 a.m. and 5:00 p.m.

All uses and activities shall meet all applicable requirements of the Pennsylvania Clean Streams Law, as amended; all other federal and state laws relating to the quality of surface water, stormwater runoff, and groundwater; and all applicable provisions in Chapter 265 of the Code of the Township of Spring Garden.

Safety. Steep banks and deep pools shall be avoided.

Erosion. Adequate measures shall be taken, such as seeding, sodding, paving or other measures as necessary, to prevent the erosion of banks and the scouring of the channel.

Stagnation. Design of open drainageways shall not create stagnant pools or swampy areas.

No site disturbance exceeding 10,000 square feet shall be allowed on slopes exceeding 25%.

Mitigation techniques shall be utilized, including but not limited to terracing, retaining walls, tree wells, the establishment of ground covers and/or low-spreading shrubs, the use of erosion control fabric and the like.

Stormwater runoff shall be managed in accordance with the Spring Garden Township Stormwater Management Ordinance.

No vegetation shall be removed from land on steep slopes except as necessary for the following:

All outbuildings, stables and outdoor pasture areas shall be properly maintained so as not to become a nuisance to adjoining properties.

All animal wastes shall be properly stored and disposed of.