Straban Township City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 140-28 Purpose.
The regulations set forth by this article shall be minimum regulations and shall apply uniformly to each class of land use or kind of structure, except as otherwise provided herein.
§ 140-29 Accessory structures.
A.
Unless otherwise indicated in Article IV, Use Regulations, the following requirements shall apply to accessory structures.
B.
Attached structures. An accessory structure attached to the principal building is considered a part of the principal building for all regulatory purposes and shall meet the dimensional requirements for such principal building.
C.
Nonattached structures. A nonattached structure, standing apart from the principal structure, shall meet the following requirements:
[Amended 1-2-2024 by Ord. No. 2024-01]
(2)
No accessory structure, except agriculture roadside stands (see § 140-23E) and school bus shelters, shall be built within any front yard.
(3)
Nonattached accessory structures 200 square feet or less in size erected on a lot one acre or less in lot area may be located in any side or rear yard, provided the accessory structure adheres to the following conditions and requirements:
(a)
Such a building shall not exceed the height of the principal structure and/or a maximum of 15 feet.
(b)
Such buildings shall be set back five feet from any side or rear lot line.
(c)
All such buildings in the aggregate shall not occupy more than 30% of the area of the rear or side yard.
(d)
It is not erected within five feet of any other building.
(e)
Such structure must be used solely as accessory to a residential use.
(f)
Swimming pools must adhere to the dimensional requirements of the underlying district.
D.
Fences and walls. The following regulations shall apply to the height and location of fences and walls:
(1)
No fence or wall (except a retaining wall, a wall of a building under the terms of this chapter, or unless otherwise specified in this chapter) shall be erected to a height of more than three feet in the front yard area or more than six feet in any other yard in any residential district or use.
(a)
Only for the purposes of this subsection, in the case of flag lots or panhandle lots, the front yard will be determined as the narrow pole or handle portion of any such lot connecting the lot to the street.
[Added 1-2-2024 by Ord. No. 2024-01]
(2)
Agriculture-related businesses are permitted to provide a fence or wall with a maximum height of 10 feet.
(3)
A fence or wall erected in a nonresidential district shall have a maximum height of 10 feet.
E.
Accessory solar energy systems (ASES).
[Added 1-2-2024 by Ord. No. 2024-01]
(1)
Regulations applicable to all accessory solar energy systems.
(a)
ASES shall be permitted as a use by right in all zoning districts.
(b)
Permit requirements.
[1]
Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the ASES is constructed.
[2]
The zoning/building permit shall be revoked if the ASES, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the ASES not to be in conformity with this chapter.
[3]
The ASES must be properly maintained and be kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, or being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the ASES to conform or to remove the ASES.
(2)
Roof-mounted and wall-mounted accessory solar energy systems.
(a)
A roof-mounted or wall-mounted ASES may be located on a principal or accessory building.
(b)
ASES mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within each of the underlying zoning districts.
(c)
Wall-mounted ASES shall comply with the setbacks for principal and accessory structures in the underlying zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof edge.
(e)
Roof-mounted solar panels shall be located only on rear- or side-facing roofs as viewed from any adjacent street unless the applicant demonstrates that, due to solar access limitations, no location exists, other than the street-facing roof, where the solar energy system can perform effectively.
(f)
For roof- and wall-mounted systems, the applicant shall provide evidence that the plans comply with the Uniform Construction Code and adopted building code of Straban Township, that the roof or wall is capable of holding the load imposed on the structure.
(3)
Ground-mounted accessory solar energy systems.
(b)
The total surface area of the arrays of ground-mounted ASES on the property shall not exceed more than 15% of the lot area. The area of the ASES for the purposes of this coverage calculation would include the area of the panels/arrays and any drive aisle area between arrays.
(c)
Height. Ground-mounted ASES shall not exceed 20 feet in height above the ground elevation surrounding the systems.
(d)
Appropriate safety/warning signage concerning voltage shall be placed at ground-mounted electrical devices, equipment, and structures. All electrical control devices associated with the ASES shall be locked to prevent unauthorized access or entry.
(e)
Ground-mounted ASES shall not be placed within any legal easement or right-of-way location, or be placed within any stormwater conveyance system or in any other manner that would alter or impede stormwater runoff from collecting in a constructed stormwater conveyance system.
§ 140-30 Lot standards.
A.
Lot area. The minimum lot area requirement shall be met exclusive of any protected natural resources located on the lot. The area, width and depth of lots shall provide adequate area for off-street loading, unloading and/or parking space. Parcels with on-lot wastewater facilities shall be provided with area in addition to the above-mentioned areas to accommodate an on-lot wastewater system and a replacement area approved by the Township Sewage Enforcement Officer.
B.
Yards and setbacks.
(1)
Unless otherwise indicated herein, all front setbacks shall be measured from the existing or future right-of-way line defined by the Straban Subdivision and Land Development Ordinance[1] and based on the functional classification of streets as defined in the Straban Comprehensive Plan.
(2)
Corner lots. A front setback shall be required from each street on a corner lot. A rear setback shall be required from all other property lines.
(3)
Reverse-frontage lots or through-lots. A front setback shall be required from each street on reverse-frontage or through lots.
(4)
Front setback exception for built-up streets. Where at least two buildings within 100 feet of a property, fronting on and on the same side of the street as the property, are preexisting and set back less than the required distance, the average of the setbacks of those buildings shall be the required minimum front setback for the property.
[Amended 12-3-2018 by Ord. No. 2018-01]
(5)
Cul-de-sac lots or lots on curved streets.
(a)
The front setback shall be established from the street line at a sufficient distance so that the distance between the side lot lines at the building setback equals the minimum lot width required for the district.
[Amended 1-3-2023 by Ord. No. 2023-01]
(b)
The minimum width of the lot at the street line shall be no less than 35 feet.
(6)
Building extensions within the setback.
(a)
Cornices, chimneys, steps, stoops, canopies, and similar extensions, including fire escapes and eaves, may extend into the required front, side or rear setback by a maximum of three feet. Stoops extending into the setback shall not be greater than 25 square feet in area.
(b)
Covered porches and patios, whether enclosed or unenclosed, shall be considered a part of the main building and shall not project into any building setback area.
C.
Flag lots. Flag lots shall comply with the following regulations:
(1)
Such lots shall only be permitted in the R-R and R-1 Districts where no other reasonable lot configuration is feasible.
(2)
The narrow pole or handle portion of any such lot connecting the lot to the street shall not be less than 50 feet in width. The access drive associated with the pole or handle shall be no closer than 200 feet to a neighboring driveway. This "pole" or access area shall not count toward the minimum lot area.
(3)
Minimum lot width shall be measured along the front yard setback line.
(4)
Minimum front yard setback shall be measured from the lot line (other than the street line) most nearly parallel to the street from which access is taken.
E.
Clear sight distance.
(1)
Fences, signs, and vegetation shall not be permitted to obscure the view of traffic on any street.
F.
Building separation. Building separation provisions apply only to buildings on the same lot and developed as part of a garden apartment complex, shopping center, commerce/business/industrial park, or other similar development. Separation between buildings on different lots shall adhere to the front, rear and side setback provisions in each district.
§ 140-31 Building and structure requirements.
A.
Height regulations. The following height regulations shall apply throughout the Township:
(2)
The height regulations do not apply to the following structures or projections:
(a)
Telecommunications towers, water towers, smokestacks, farm silos, agricultural buildings, windmills, manufacturing storage and processing bins or tanks, as well as associated equipment or structures, or other similar structures, provided that such structures or projections are set back from any property line a horizontal distance at least equal to their height. In the event such structures listed within this section are proposed immediately adjacent to a lot property line which is contiguous to a railway line or track, no horizontal setback distance from the railway property line shall apply.
[1]
Editor's Note: This ordinance provided an effective date of 7-8-2017.
(b)
Chimneys, steeples, cupolas, and antennas, provided that they occupy no more than 10% of the roof area.
(c)
Rooftop structures for the housing of elevators, stairways, water storage tanks, ventilating fans and other mechanical appurtenances, if such structures do not cover more than 25% of the roof on which they are located, and are screened from view from the ground by a parapet, cornice, or by being centrally located on the roof.
(d)
Parapet walls or cornices used solely for ornamental purposes, if not in excess of five feet above the roofline.
(3)
In no case shall any freestanding or rooftop structure above the maximum permitted height be used for the purpose of providing additional floor space for residential, commercial or industrial purposes.
(4)
Structures accessory to principal residential uses shall not be higher than the principal structure.
[Amended 12-3-2018 by Ord. No. 2018-01]
B.
Minimum habitable floor area. All dwelling units shall not be less than the minimum habitable floor area as follows:
C.
Unenclosed storage.
(1)
Recreational vehicles, boats, campers, trailers and trucks. The storage of recreational vehicles, boats, campers, trailers, and trucks with more than two axles shall be prohibited in the front yard of any residential or mixed-use district. Such vehicles may be permitted to be stored on the driveway, behind the plane of the primary facade of the principal building, for no more than 14 days in any twelve-month period. In a multifamily, mixed-use, or other residential district where there is shared parking, such vehicles shall be stored in a parking area designated for such use and screened from view, or, if no such area exists, shall be stored off-site.
(2)
Outdoor stockpiling. In all districts, except as may be specifically allowed in the R-R and EC-2 Districts, no outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. All districts shall meet the following regulations, as applicable:
(a)
The stockpiling of tires, metal pipes, automobile parts and similar objects or materials shall be in a garage or an enclosed storage structure in any residential or mixed-use district.
(b)
In any residential or mixed-use district, the outdoor stockpiling of materials for more than one year is prohibited, with the exception of firewood.
(c)
In all districts, outside storage areas shall be screened from any public street or pedestrian walkway, any abutting residential use and any adjoining residential district in accordance with the screening and landscaping requirements set forth in the Straban Township Subdivision and Land Development Ordinance[2] and other requirements of Article III of this chapter.
(d)
In the R-R and EC-2 Districts, outdoor storage of materials over four feet in height shall be set back a minimum of 100 feet from the public right-of-way.
(3)
Trash, garbage, refuse or junk. The outdoor accumulation of trash, garbage, refuse or junk for a period exceeding 15 days is prohibited.
D.
Dumpsters. Dumpsters used for domestic garbage shall be permitted within the side or rear yard in accordance with the following requirements:
E.
Demolition of structures. Demolition of any structure shall be completed within three months of the issuance of a permit or in accordance with the terms of the permit. "Completion" consists of tearing the structure down to grade, filling any resulting cavity to grade and removing all resulting materials from the lot. A structure may be partly demolished only if a building remains and the demolition of the part is complete as aforesaid. All evidence of the part which was demolished shall be removed from the exterior surfaces of the remaining building.
§ 140-32 Buffers and screening.
A.
Location of buffer yards and screening.
(2)
Screening and landscaping, in accordance with the applicable provisions of the Straban Subdivision and Land Development Ordinance,[1] shall be provided for all nonresidential uses when abutting a residential use and/or abutting or within a residential district.
(3)
Where arterial or collector streets serve as district boundary, no such buffering or screening is required along the boundary line.
(4)
Where a railway serves as the district boundary, buffer yards shall be required, except as is needed to permit access, loading and unloading from such railway.
(5)
A buffer yard that is a minimum of 50 feet in width shall be required adjacent to any streams, creeks or other bodies of water.
(6)
A buffer yard that is a minimum of 50 feet in width shall be required adjacent to the right-of-way limits for U.S. Route 15 for all uses, subject to specific design criteria set forth at § 140-32B(4).
[Added 10-19-2022 by Ord. No. 2022-01]
B.
Description of buffer yards and screening.
(2)
All buffer yards shall be planted with grass, seed, sod or ground cover, shall be maintained, and shall be kept clean of all debris, rubbish, weed and tall grass in conformance with existing regulations.
(3)
No structure, manufacturing or processing activity, parking (including driveways other than those necessary for access to the lot in question), or storage of materials shall be permitted in the buffer yard, unless otherwise stated in Article III, District Regulations, and Article IV, Use Regulations.
(4)
The required buffer yard along U.S. Route 15 shall be designed in accordance with the following:
[Added 10-19-2022 by Ord. No. 2022-01]
(a)
A minimum of five major deciduous trees and five evergreen trees shall be provided for every 100 feet of buffer length along U.S. Route 15. The trees shall be mixed native varieties and shall be planted in a staggered manner.
(b)
The minimum size of evergreen trees shall be six feet in height and deciduous trees shall be a minimum caliper of two inches, both measured at time of planting.
(c)
All other applicable requirements of the buffer yard within § 140-32B shall apply to the U.S. Route 15 buffer yard.
(d)
Any plantings installed as a requirement of § 140-32A(6) shall not count towards any generally applicable landscaping requirements set forth elsewhere in this chapter or within the Subdivision and Land Development Ordinance.
§ 140-33 Illumination.
§ 140-34 Access drives and driveways.
§ 140-35 Drainage.
No principal building or accessory building or structure shall be erected, structurally altered or relocated on land which is not adequately drained at all times. In addition, all work shall conform to Ordinance No. 2005-05, Monocacy River Stormwater Management Ordinance, adopted December 5, 2005.[1]
§ 140-36 Floodplain/Flood hazard area overlay regulations.
A.
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by:
(1)
Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.
(2)
Restricting or prohibiting certain uses, activities and developments from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.
(4)
Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.
B.
District applicability. The floodplain districts shall be deemed an overlay to any zoning district now or hereafter applicable to any lot. Should the floodplain districts be declared inapplicable to any lot by action of the Township or any court of competent jurisdiction, the zoning of such lot shall be deemed to be the district in which it is located, without consideration of this section. It shall be unlawful for any construction, subdivision, or development to be undertaken unless all appropriate permits and approvals have been obtained from the Township Board of Supervisors.
C.
Liability.
(1)
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the identified floodplain districts, or that land uses permitted within such districts, will be free from flooding or flood damages.
(2)
This chapter shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
D.
Identification of floodplain areas. The identified floodplain area shall be any areas of Straban Township classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated July 22, 2020, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the FIS. The FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by Straban Township and declared to be a part of this chapter.
E.
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(1)
The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
(a)
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b)
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection regional office.
(c)
Permitted uses. In the FW, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment:
[1]
Agricultural uses such as general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting.
[2]
Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap skeet game ranges and hunting and fishing areas.
[3]
Accessory residential uses such as yard areas, gardens, play areas and pervious parking areas.
[4]
Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc.
(d)
Special exception uses. The following uses and activities may be permitted by special exception, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
[1]
Structures, except for mobile homes, accessory to the uses and activities in Subsection E1(c) above.
[2]
Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses.
[3]
Water-related uses and activities such as marinas, docks, wharves, piers, etc.
[4]
Extraction of sand, gravel and other materials.
[5]
Temporary uses such as circuses, carnivals and similar activities.
[6]
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement and/or can be readily removed from the area within the time available after flood warning.
[7]
Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and structural development shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.
(2)
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA and for which base flood elevations have been provided and a floodway has been delineated.
(b)
AE Area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
[1]
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.
[2]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection regional office.
(3)
A Area/District.
(a)
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
(b)
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality. In the absence of any of the above data or documentation, the community may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.
(4)
The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
F.
Overlay concept.
(1)
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
(2)
Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying districts, the more restrictive provisions shall apply.
G.
Zoning Map. The boundaries of the floodplain districts are established as defined in the above-referenced FIS and as shown on the Straban Township Flood Boundary and Floodway Maps, and such districts shall overlay the Zoning Map.
H.
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 71-18 for situations where FEMA notification is required.
I.
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Floodplain Administrator and any party aggrieved by this decision or determination may appeal to the Zoning Hearing Board. The burden of proof shall be on the appellant.
J.
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the Board of Supervisors shall review flood hazard data affecting the lands subject to boundary changes. The Board of Supervisors shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3 as amended from time to time.
K.
District provisions.
(1)
All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Township Building Code, if any, the Township Subdivision and Land Development Ordinance[1] and the Township Floodplain Development Ordinance.[2]
(2)
Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.
(3)
Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the municipality, a permit shall be obtained from the Department of Environmental Protection, Bureau of Dams and Waterway Management. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the FIA and the Department of Community and Economic Development.
L.
Development that may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances; or will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or will involve the production, storage, or use of any amount of radioactive substances; shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to human life:
Acetone |
Ammonia |
Benzene |
Calcium carbide |
Carbon disulfide |
Celluloid |
Chlorine |
Hydrochloric acid |
Hydrocyanic acid |
Magnesium |
Nitric acid and oxides of nitrogen |
Petroleum products (gasoline, fuel oil, etc.) |
Phosphorus |
Potassium |
Sodium |
Sulphur and Sulphur products |
Pesticides (including insecticides, fungicides, and rodenticides) |
Radioactive substances, insofar as such substances are not otherwise regulated. |
(2)
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Within any floodway area, any structure of the kind described in Subsection A above shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 140-36L(1) above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with §§ 71-18, 71-19, and 71-20 of this Code.
(4)
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 140-36L(1) above, shall be built in accordance with §§ 71-18, 71-19, and 71-20 of this Code, including:
(a)
Elevated, or designed and constructed to remain completely dry up to at least 1 1/2 feet above base flood elevation; and
(b)
Designed to prevent pollution from the structure or activity during the course of a base flood.
Any such structure, or part thereof, that will be built below the regulatory flood elevation (see definition in § 71-29) shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
M.
Activities requiring special permits.
(1)
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[3] the following activities shall be prohibited within an identified floodplain area unless a special permit has been issued by Straban Township:
(a)
The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
(b)
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[3]
Editor's Note: See 32 P.S. § 679.101 et seq.
N.
Application requirements for special permits. Applicants for special permits shall provide five copies of the following items:
(1)
A written request including a completed permit application form.
(2)
A small-scale map showing the vicinity in which the proposed site is located.
(3)
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals at two feet;
(c)
All property and lot lines, including dimensions and the size of the site expressed in acres or square feet;
(d)
The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations;
(e)
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development;
(f)
The location of the floodplain boundary line, information and spot elevations concerning the base flood elevation, and information concerning the flow of water, including direction and velocities;
(g)
The location of all proposed buildings, structures, utilities, and any other improvements; and
(h)
Any other information which the municipality considers necessary for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings, including floor plans, sections, and exterior building elevations, as appropriate;
(b)
For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor;
(c)
Complete information concerning flood depths, pressures, velocities, impact, and uplift forces, and other factors associated with the base flood;
(d)
Detailed information concerning any proposed floodproofing measures, including the flood emergency operation plan and the inspection and maintenance plan;
(e)
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths;
(f)
Profile drawings for all proposed streets, drives, and vehicular accessways, including existing and proposed grades; and
(g)
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he/she represents;
(b)
Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the base flood;
(c)
A statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood, including a statement concerning the effects such pollution may have on human life;
(d)
A statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on base flood elevation and flows;
(e)
A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the base flood elevation and the effects such materials and debris may have on base flood elevation and flows;
(f)
The appropriate component of the Department of Environment Protection's "Planning Module for Land Development";
(g)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control;
(h)
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 1978-166; and
(i)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
O.
Application review procedures. Upon receipt of an application for a special permit by Straban Township, the following procedures shall apply in addition to those of Article II of Chapter 71 of this Code[4]:
(1)
Within three working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Straban Township Planning Commission and the Straban Township engineer for review and comment.
(2)
If an application is received that is incomplete, Straban Township shall notify the applicant in writing, stating in what respect the application is deficient.
(3)
If Straban Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
(4)
If Straban Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within five working days after the date of approval.
(5)
Before issuing the special permit, Straban Township shall allow the Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and decision made by Straban Township.
(6)
If Straban Township does not receive any communication from the Department of Community and Economic Development during the thirty-day review period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should decide to disapprove an application, it shall notify Straban Township and the applicant, in writing, of the reasons for the disapproval, and Straban Township shall not issue the special permit.
P.
Special technical provisions.
(1)
In addition to the requirements of Article IV of Chapter 71 of this Code,[5] the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Article IV of Chapter 71 of this Code or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(2)
No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed, and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:
[1]
The structure will survive inundation by waters of the base flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the BFE.
[2]
The lowest floor (including basement) will be elevated to at least 1 1/2 feet above base flood elevation.
[3]
The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood.
(b)
Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property.
(3)
All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by Straban Township and the Department of Community and Economic Development.
Q.
Mobile and manufactured homes. Mobile and manufactured homes located within an identified floodplain area shall be governed by the regulations set forth and described in § 117-69.1 of this Code, entitled "Floodplain Standards for Mobile and Manufactured Homes."
R.
Special requirements for recreational vehicles. Within any identified floodplain area the storage of recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in § 140-36W of this chapter, then the following provisions apply:
T.
Special exception uses. In passing upon applications for special exceptions, the Planning Commission shall consider all relevant factors and procedures specified in other sections of this chapter and:
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(2)
The danger that materials may be swept onto other lands or downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(4)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
(10)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(11)
The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(12)
Such other factors which are relevant to the purposes of this chapter.
U.
Supplemental technical review. The Township Planning Commission may refer any application and accompanying documentation pertaining to any request for a special exception use to any engineering or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters.
V.
Approval of special exception uses.
W.
Variances.
(1)
Requests for variances shall be considered by the Straban Township Zoning Hearing Board in accordance with the procedures contained in § 71-27 of this Code and the following:
(a)
No variance shall be granted for any construction, development, use, or activity within any floodway area/district that would cause any increase in the BFE.
(b)
No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c)
No variances shall be granted for a proposed accessory structure that exceeds 600 square feet in size. A signed nonconversion agreement is required as a condition of receiving the variance.
(e)
If granted, a variance shall involve only the least modification necessary to provide relief.
(f)
In granting any variance, the Straban Township Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.
(h)
In reviewing any request for a variance, the Straban Township Zoning Hearing Board shall consider, at a minimum, the following:
(i)
A complete record of all variance requests and related actions shall be maintained by the Straban Township Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.
(2)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.
X.
Y.
Technical provisions. In order to prevent excessive damage to buildings and structures due to flooding, the technical provisions set forth in Article IV of Chapter 71 of this Code[7] shall apply to all proposed construction or development occurring in any of the floodplain districts identified in this chapter.
§ 140-37 Environmental performance standards.
No land or building in any district shall be used or occupied in such a manner so as to create any dangerous or objectionable elements in such amount as to adversely affect the surrounding area or premises. All uses of land or building shall initially and continuously comply with all applicable performance standards established by federal and state agencies.
§ 140-38 Open space and common open space.
A.
The following uses may be included in required open space:
(1)
Passive recreation areas, including hiking and bicycling trails, nature observation, and picnicking. Easements for these areas may be offered to Straban Township, Adams County, land trusts, or other nonprofit organizations whose purpose is to conserve and protect open spaces, scenic views and overall rural qualities.
(2)
Pedestrian bicycle, equestrian trails, and/or other similar easements.
(3)
Agricultural activities permitted by the underlying district regulations herein.
B.
The open space land areas for uses deemed potentially unsafe in public areas shall only be permitted to count for 50% of the acreage of the open space land for uses such as:
C.
Open space areas shall be designed in accordance with § 140-15B(9) and the Straban Township Subdivision and Land Development Ordinance.[2]
D.
Designated open space areas shall be restricted by a deed covenant to prohibit further subdivision.
F.
Buffers and buffer yards shall count towards the required open space.
G.
A hypothetical example of how the required open space relates to the maximum density of a cluster residential design in the R-R District is as follows:
(1)
Start with 100 acres in the R-R District.
(2)
Subtract the minimum required open space of 60% as per Table 140-7-2, R-R Dimensional Requirements, in § 140-7C.
(100 acres – 60 acres = 40 acres) |
(3)
Note that protected resources may be included within the 60% open space area, as per the use regulations of Article IV, § 140-15B(2)(c). This includes: one-hundred-year floodplains, and/or wetlands, and/or steep slopes in excess of 20%.
(4)
Assume that 35 acres is comprised of land with such features as communication towers, transmission lines, drainage facilities, underground sewer or water lines/facilities, and stormwater management facilities. Then, subtract 17.5 acres based on the 50% rule in Subsection B.
(40 acres – 17.5 acres = 22.5 acres on which to locate houses) |
(5)
Multiply the 40 acres of density-qualifying land times the maximum gross density of four, as per Table 140-7-2, R-R Dimensional Requirements, in § 140-7C.
(40 acres x 4 units = 160 dwelling units) |
(6)
Assume that small-lot single-family dwellings are built, with 160 dwelling units on 22.5 acres.
(This hypothetical example would produce an approximate lot area of 6,135 square feet for each unit, or a net density on the buildable site area of 7.1 dwelling units per acre.) |
§ 140-39 Ownership and maintenance of common open space.
A.
For all developments proposing the use of common open space, a plan for the ownership and maintenance of common open space shall be submitted for approval by the Board of Supervisors prior to final plat approval. Such ownership, administration and maintenance shall be arranged to be in accordance with one of the following methods:
(1)
An offer of dedication to the Township; however, the Township shall not be obligated to accept the dedication of common open space.
(2)
The transfer of the total common open space area or a portion thereof to a private, nonprofit organization whose purpose is the preservation of open space land and/or natural resources, subject to the following:
(a)
The language and deed restrictions are acceptable to the Township.
(b)
The organization shall be a bona fide conservation organization with a perpetual existence.
(c)
The conveyance shall contain appropriate provision for reverter or retransfer if the organization is unable to carry out its function.
(d)
The organization shall enter into a maintenance agreement with the Township.
(3)
Establishment of a homeowners' association (HOA), subject to the following:
(a)
Prior to final plat approval, the developer shall submit a detailed statement, including covenants, agreements and other specific documents, indicating ownership, method of maintenance and utilization of the common open space areas.
(b)
Covenants shall be recorded either prior to or simultaneously with the approved plan.
(4)
Landowner deed or deeds of trust, approved by the Board, for the purpose of ownership, administration and maintenance of common open space. The trustee shall be empowered to levy and collect assessments from property owners for working capital, operating expenses, insurance and contingencies.
B.
Failure of an organization or any successor organization to maintain the common open space in reasonable order and condition in accordance with the development plan shall result in the following actions:
(1)
Written notice from the Zoning Enforcement Officer shall be served, describing the failure and deficiencies in maintaining the common open space.
(a)
The notice shall establish a thirty-day period from said notice to correct the deficiencies.
(b)
If the organization appeals the notice, a hearing before the Zoning Hearing Board shall be held pursuant to public notice. At such hearing, the Zoning Hearing Board may modify the terms of the notice as to the deficiencies and grant an extension of time to correct the deficiencies.
(2)
For failure to correct the deficiencies within the 30 days or extension thereof and in order to preserve the taxable values of the property within the development and prevent the common open space from becoming a public nuisance, the Township may take the following actions:
(a)
Maintenance of the property by the Township for a period of one year; however, the maintenance shall not constitute a taking of the common open space.
(b)
Prior to expiration of said year, the Board shall call a public hearing upon public notice. The Board shall reach one of two determinations:
[1]
The organization is ready and able to maintain the common open space at the end of said year.
[2]
The organization is not ready and able to maintain the common open space at the end of said year and the Township may, at its discretion, continue to maintain said common open space during the next year, subject to the same public hearing process.
(c)
The cost of maintenance by the Township shall be assessed ratably against the organization or, in the case of the homeowners' association, against the owners of properties within the development, and shall, if unpaid, become a tax lien on said properties.
§ 140-40 Keeping of horses for personal recreation use.
In the R-R, R-1 and MU-2 Districts, horses may be kept for personal recreation use in accordance with the following requirements:
A.
The minimum lot area for the keeping of horses for personal recreation, noncommercial use shall be five acres.
B.
One horse shall be allowed for the first five acres, and one additional horse shall be allowed for every acre over five acres.
C.
The horses shall be kept for the personal recreation use of the property owner or occupant of the residence on the parcel.
§ 140-41 Historic Village Overlay District regulations.
A.
Purpose. The purpose of the Historic Village Overlay District is to promote the following:
(1)
To perpetuate the distinctive character and identity of the traditional environment of the villages of Straban Township;
(2)
To permit a harmonious mixture of housing, retail, service establishments, and community facilities in the center of the Historic Village Overlay District; and
(3)
To preserve and protect the existing village and its historic features, former battlefield lands, buildings and other existing structures from unnecessary removal in the Historic Village Overlay District.
B.
Objectives. Some of the specific objectives of this Historic Village Overlay District include the design and construction of residential and nonresidential structures that:
(1)
Are distinct in their incorporation of important existing and predominant cultural and historic features;
(2)
Provide for a diversity of residential dwelling unit types and sizes;
(3)
Integrate local businesses and trades that offer employment opportunities, thereby enhancing residential convenience;
(4)
Reflect the historic and traditional building styles still existing in the village area;
(5)
Reserve and feature civic uses and open spaces as community focal points; and
(6)
Provide safe, efficient, and compatible linkages with existing nearby land uses, streets, sidewalks, and lots.
C.
Allowed uses. Only the uses listed below shall be permitted in the Historic Village Overlay District. All uses shall conform to the lot, yard, setback, and maximum height regulations stipulated herein, as well as other applicable requirements of this chapter.
Table 140-41-1 Permitted Uses | ||
|---|---|---|
Type of Use | P = Permitted Use SE = Special Exception Use | |
Single-family detached dwelling | P | |
Two-family dwelling or duplex | P | |
Single-family attached dwellings/townhouses with no more than 4 units in a group | P (See § 140-15C.) | |
Mixed-use buildings | P | |
Live-work units, containing no more than 4 residential units per building | P | |
Places of worship | P | |
Bed-and-breakfast inns | P | |
Retail, excluding drive-through facilities | P | |
Restaurants, excluding fast-food restaurants with or without drive-through facilities | P | |
Taverns | SE (See § 140-19M.) | |
Barbers/Beauticians | P | |
Caterers | P | |
Photography studios, processing and/or equipment sales | P | |
Shoe and handbag repair | P | |
Tailors | P | |
Studios for the arts and handcrafts | P | |
Professional and financial services | P | |
Medical, dental, health care services | P | |
Antique dealers | P | |
Repair services, except auto repair service garages | P | |
Public libraries, museums, and/or art galleries | P | |
Accessory uses/customary uses accessory to the above; considered essential services to the above uses: | ||
No-impact home-based businesses | P | |
Automated banking facilities (ATMs) | P | |
Overflow parking | P | |
E.
Area, coverage, and dimensional requirements.
Table 140-41-2 Historic Village Overlay District Dimensional Requirements | |||
|---|---|---|---|
Requirement | |||
Regulation | Hunterstown | New Chester | |
Minimum building front setback distance from existing Township roadways | 10 feet beyond the established or new street right-of-way | 5 feet beyond the established street right-of-way | |
Maximum building front setback | 15 feet | 15 feet | |
Minimum side yard setback | 5 feet | 5 feet | |
Minimum rear yard setback | 6 feet | 6 feet | |
Minimum height | 24 feet/2 stories | 30 feet/2 stories | |
Maximum height | 40 feet (including all rooftop equipment) | 40 feet (including all rooftop equipment | |
Maximum impervious coverage/lot | 90% | 90% | |
Maximum building footprint | 3,500 square feet | 3,500 square feet | |
F.
Design requirements.
(1)
Building orientation. The primary entrances to all residential units and nonresidential spaces shall be located on a primary facade.
(2)
Front porches. The Township encourages all new residential development located along a public street to be designed to include front porches or covered entryways. When a building is located on a corner lot, the porch is encouraged to extend along both primary facades. Such porch or entryway shall meet the required building setback and shall measure a minimum of 12 feet wide by five feet deep.
(3)
Building width. No residential building shall be wider than 100 feet as measured parallel, or approximately parallel, to a street line.
(4)
Buildings that are wider than 30 feet shall be designed to appear as more than one building, with a separate and distinct "building facade" for each thirty-foot interval of building width. Such design may be achieved through a combination of recesses and projections, vertical pilasters, and/or variation in color and material.
(5)
Required setbacks for accessory structures shall be a minimum of six feet from rear and side lot lines.
(6)
Outdoor storage shall not be permitted in the Historic Village Overlay District.
G.
Other requirements.
(1)
The "center" of the Historic Village Overlay Districts is defined as follows:
(2)
Setbacks.
(a)
Existing buildings within the Historic Village Overlay District that do not meet the required building setback (minimum or maximum) may be altered, expanded, or redeveloped so long as the proposed setback is equal to the setback of the majority of the building(s) located on the same block. Where possible, the area between the building setback and the street line shall provide a place for permanent public plazas, sidewalks, public spaces or pedestrian amenities and/or landscaping.
(b)
Awnings, marquees and balconies. These building structures shall not protrude into the established street right-of-way.
(3)
Parking.
(a)
On-street parking approved by PennDOT or the Township may be constructed and maintained.
(b)
All off-street parking lots shall be located in a rear yard.
(d)
Vehicular access for residences shall be provided and is encouraged via alleyways and shared driveways to reduce curb cuts along the street frontage. Driveway widths shall be a minimum of 10 feet.
(e)
No parking is permitted on alleyways.
(4)
Pedestrian access.
(a)
Sidewalks or pathways shall be provided to connect existing and new residential and nonresidential development.
(b)
Both sides of all public streets shall include sidewalks with a minimum width of five feet and an adjacent three-foot planting strip, except where the existing building is located less than five feet from the right-of-way line.
(c)
At driveway, access drive, and street intersections, all sidewalks shall be designed to have aprons that continue the pedestrian pathway and provide access to handicapped persons according to standards contained within the latest version of the Americans with Disabilities Act.
(5)
Signs. Only signs permitted within the MU-1 District shall be permitted in the Historic Village Overlay District.
H.
Public utility and service requirements. All proposals within the Historic Village Overlay District shall comply with the following regulations:
(1)
When public sewer is available or may be extended to new development, it shall be used in the Historic Village Overlay District.
(2)
All utility lines shall, when possible, be located within public streets, alleys, or other public right-of-ways. Any required utility structures, buildings, pump stations, transformers, or other similar devices shall be screened from adjoining properties and roads.
(3)
All new roadways shall be designed to include streetlights on both sides. Streetlights shall be placed at intervals of no more than every 100 lineal feet on each side of the street. The light intensity and fixture style must complement the predominant architecture of the Village.
(4)
All development proposals in an Historic Village Overlay District shall be submitted to emergency management agencies (i.e., fire, police, and ambulance) to identify and seek recommendations for solutions to any foreseeable problems. The applicant shall submit a written statement from the primary EMS service provider confirming the review of the project to the Zoning Officer at the time that any permits are sought.
I.
Village preservation; preservation buffers. The character and boundaries of the Historic Village Overlay District shall be preserved through the use of land preservation buffers. A land preservation buffer of a minimum of 100 feet in width is required between the boundary of the Historic Village Overlay District and an adjoining zoning district. Land preservation buffers shall be shown on any subdivision or land development plan located at or within the Historic Village District Overlay. Exceptions to this requirement include:
§ 140-42 Performance standards for all uses.
All uses shall be subject to and comply with the following regulations, or as amended, where applicable:
A.
Noise pollution and vibration: rules and regulations of the Pennsylvania Department of Environmental Protection.
B.
Air pollution: Airborne Emissions and Odor, rules and regulations of the Pennsylvania Department of Environmental Protection.
C.
Water pollution: the Clean Streams Law, June 22, 1937, P.L. 1987, 35 P.S. 691, or as amended.
D.
Mine reclamation and open pit setback: Pennsylvania Act 147, the Surface Mining Conservation and Reclamation Act of 1971, or as amended.
E.
Glare and heat: rules and regulations of the Pennsylvania Department of Environmental Protection.
G.
Act 101: the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. No. 101 (Act 101), as amended.
H.
Act 537: the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. 1535, No. 537 (as amended).
I.
No use or operation shall be permitted that creates a public nuisance, or creates a hazard to adjoining properties.
J.
Outdoor lighting. Where light fixtures are installed to provide exterior illumination, excluding overhead streetlighting and warning, emergency or traffic signals, the following restrictions shall apply. These standards will only apply to nonresidential and multifamily uses abutting residential uses.
(1)
All outdoor lighting, whether or not required by this chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illumination Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook.
(2)
All future amendments to the recommended practices of the IESNA shall be made a part of the chapter without further action by the Board of Supervisors.
(3)
Streetlighting fixtures, when required for safety considerations, may be controlled by photocells for dusk-to-dawn operations.
(4)
The lighting from any luminary shall be shaded, shielded or directed to prevent direct light from being distributed beyond an angle of 35° from a vertical plane onto adjacent properties and/or surrounding areas. Unshielded lighting is not permitted, except for temporary holiday lighting.
(5)
Lighting shall be designed so that glare, reflection and/or direct illumination does not exceed one footcandle beyond the property line on which the lighting originates.
(6)
Externally illuminated signs shall be lighted by fixtures mounted on top of the sign and aimed down, rather than by fixtures mounted at the bottom of the sign and aimed up. Sign lighting shall be equipped with timers and extinguished between the hours of 11:00 p.m. and dawn.
(7)
Such lighting on private, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (disabling glare).
(8)
Pole-mounted lamps shall be placed directly above the area to be illuminated and shielded at the top and sides, or positioned near the perimeter of a property and aimed toward the area requiring illumination, subject to applicable yard setback provisions. Lighting shall be reduced 75% during the off hours of operation for commercial or industrial uses.
(9)
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of mounting height, wattage, aiming angle, fixture placement, etc.
(10)
The installation or erection of any lighting which may be confused with warning signals, emergency signals or traffic signals shall not be permitted.
(11)
Maintenance. Lighting fixtures shall be maintained so as to always meet the requirements of this chapter.
(12)
Nonconforming lighting. Any lighting fixture existing on the effective date of this chapter which does not conform with the requirements of this chapter shall be considered a lawful, nonconforming lighting fixture.
§ 140-43 Special events.
No special event shall be conducted in the Township unless a permit for each such event shall have been issued pursuant to this section.
A.
Application for permit.
(1)
Written application. A written application for a special event permit shall be submitted for each special event intended to be held. The application shall be submitted on a form provided by the Township, if such a form has been adopted by the Township or its Zoning Officer.
(2)
Time of application. An application for a special event permit shall be submitted to the Township no later than 75 days prior to the beginning of the special event.
(3)
Contents of the application. The application, or attachments to it, shall contain the following information:
(a)
The name and address of each and every person involved in the sponsoring and producing of the special event.
(b)
The name and address of each and every legal title owner of the land on which the special event or its auxiliary functions (such as parking or food service or medical facilities, etc.) are to be located, and the name and address of each and every tenant or equitable estate owner for such parcels.
(c)
The description of the land on which the special event and its auxiliary functions will be located. In lieu of the metes and bounds description, a copy of the deed or deeds to the land or the Adams County Tax Map parcel identifying number(s) may be provided.
(d)
A copy of a site map showing all public roads within a one-mile radius of the site of the proposed special event and auxiliary functions. A copy of the Adams County Tax Map(s) showing the required area may be provided in fulfillment of this subsection.
(e)
A narrative statement of all the activities that are proposed to occur as part of the special event, including a schedule of when the events are proposed to occur and information about any fluctuation in the number of participants that might occur because of any particular event or events.
(f)
A statement of the number of participants that are expected. In the event that the Zoning Officer or the Board of Supervisors determines that this statement is not reasonable, said Officer or Board may amend the application to state a reasonable estimate of participants and make the decision on the application based upon that amended estimate.
(g)
A statement showing how the need for sanitation, refuse collection and removal, toilet facilities, traffic control, parking allocation and control, medical services, emergency services (fire and medical), crowd control, safety and security, water supply, and transportation will be met. Such a statement shall include the identities of proposed providers of such services and proof that the providers will be able to deliver the services if the permit is granted.
(h)
A list of any and all permits required from any other governmental or regulatory entity, and the expected date on which such permits will have been obtained.
(i)
Proof of general liability insurance naming the Township as a covered insured in an amount no less than $5,000,000.
(j)
Submission of a statement of liability, as approved by the Township Solicitor, from every applicant, obligating the applicant to pay for any and all damages caused to third persons or property resulting from the special event to the extent that such loss is not covered or is not paid by liability insurance. In connection herewith, the Township may request and require as a condition of approval of the application that the applicant(s) provide the Township with a financial statement assuring that the applicants have sufficient assets to support the statement.
(k)
Proof that a copy of the completed and signed application form, together with any maps or site plans submitted in accordance with Subsection A(3)(c) and A(3)(d) above, has been delivered to each and every property owner abutting the land on which the proposed special event and its auxiliary functions are to be held.
(4)
Supplemental or additional information. The Zoning Officer and the Zoning Hearing Board may request such supplemental or additional information that he or it deems warranted by the nature of the special event proposed. Such information, if requested, shall be provided prior to the Township making a decision on the application. The time for making a decision on an application shall be tolled pending receipt of the supplemental or additional information requested.
B.
Application fee. A fee for the filing of the application shall be paid at the time of filing of the application. The fee shall be in an amount as determined from time to time by resolution of the Board of Supervisors.
C.
Review and hearing.
(1)
Burden of proof. The burden is on the applicant(s) to prove that all of the requirements of this section and all other applicable laws and regulations have been or will be complied with at the time the special event occurs.
(2)
Review. The Zoning Hearing Board shall, upon the receipt of a complete application, review the application and any other submissions to assure that the safety, health and welfare of the participants of the special event, and of the public in general, shall be preserved and protected.
(3)
Hearings. The Zoning Hearing Board shall hold hearings on applications for special event permits in the same manner as prescribed for other special exception applications.
D.
Decision. If the Zoning Hearing Board is satisfied that the special event will be conducted in accordance with the criteria stated in this section and will not pose a threat to the safety, health and welfare of the participants or to the general public, it shall issue a special event permit. If the Zoning Hearing Board is not satisfied that the special event will be conducted in accordance with the criteria stated in this section and/or that it may pose a threat to the safety, health and welfare of the participants or to the general public, then the special event permit shall be denied.
E.
Requirements. The following criteria shall be met by all applicants for a special event permit:
(1)
All special events (including any associated activity, such as parking, food service, trash cans, toilets, etc.) shall be set back at least 100 feet from the property line of any abutting use.
(2)
All special events shall have direct access to the site from a public collector or arterial street. The entranceway to the site and to any auxiliary function sites shall be at least 20 feet in width and have an unobstructed clear sight triangle of 100 feet.
(3)
All access drives and internal roadways shall be maintained in a mud-free condition so that no dirt or debris of any kind shall be tracked or otherwise deposited on public roads.
(4)
No increased stormwater runoff from the site which is a result of the special event shall be permitted.
(5)
Parking shall be provided at an amount of one space for every two people reasonably expected to attend the special event at any one time, unless the applicant can prove to the satisfaction of the Township that mass transportation will enable a reduction in the number of spaces required. Parking lot layouts shall meet the requirements of the Straban Township Subdivision and Land Development Ordinance,[1] with the exception that such lots need to be paved or landscaped. No parking shall be permitted in public road rights-of-way, and the applicant shall have the duty to take such actions as are necessary to assure that no violation of this subsection occurs.
(6)
The site plan layout of the special event shall be approved by the Township and the County of Adams Emergency Management Coordinator and the chief of the fire department that is the first due responder for the site.
(7)
No open burning of any nature shall be allowed, except for campfires in planned camping areas, which areas and proposed campfires have been reviewed and approved by the Adams County Fire Marshal. Any conditions imposed by the Fire Marshal (such as a prohibition during certain winds) shall be deemed to be a part of the special event permit, even though not expressly stated therein.
(8)
No site in the Township shall be the location of more than two special events in any calendar year unless the applicant can prove that the site is demonstrably better suited than any other permitted location and repeated conducting of such events would in no way be deleterious to the surrounding property owners and the surrounding area.
(9)
No special event shall occur over more than five days, whether consecutive or nonconsecutive.
(10)
The Township, the County of Adams, and any and all representatives of commonwealth agencies having jurisdiction over any part of the special event shall have access to the site at any time, without prior notice, for the purpose of inspection and compliance assurance.
(11)
No firearms shall be discharged before 8:00 a.m., prevailing time, nor after sunset. No pyrotechnics, public address systems, amplified sound, or other significant noise-producing activity shall occur within 500 feet of any school, church, dwelling unit or place of human habitation, nor shall such occur between the hours of 11:00 p.m. and 8:00 a.m., prevailing time (except for emergency announcements).
(12)
The Township, the County of Adams and/or the Commonwealth of Pennsylvania shall have the power and authority to close the special event to further attendance where the number of participants reasonably appears to exceed that expected and causes the accommodations provided to be reasonably determined to be or to become inadequate. The applicant shall keep a count of the number of participants attending the special event at all times and shall produce that count to the Township, County of Adams or Commonwealth of Pennsylvania representatives upon request.
(13)
The Township may add such additional requirements, either at the time the permit is granted or during the course of the special event, as the particular event may require, to preserve the safety, health and welfare of the participants and the general public.
F.
Other law. Nothing in this section shall in any way be deemed to repeal or suspend the application of any other ordinance, regulation, rule, statute or other law, including, but not limited to, the amusement/admissions tax, sewage facility law, wetlands regulations and traffic laws.
G.
Special exception uses. A special event is a special exception use in every zoning district within the Township.