Susquehanna Township
City Zoning Code
City Zoning Code
PART 21
GENERAL REGULATIONS
§ 27-2101 Accessory Structures.
1.
Fences and Walls.
A.
Fences and walls may be erected, altered, and maintained within yard areas in accordance with the following height restrictions:
(1)
Front yard shall not exceed four feet in height.
(2)
Side or rear yard may be greater six feet, provided, that any fence or wall exceeding six feet shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet.
(3)
Along corner lots, no fence or wall within the front yard setback shall exceed four feet in height along the street of address or six feet in height along any other street frontage, provided further that no fence or wall shall obstruct any clear sight triangle, as defined herein this chapter.
[Added by Ord. No. 19-02, 4/11/2019]
B.
In commercial and industrial zones, fences of wood, metal or masonry exceeding eight feet shall require a special exception from the Zoning Hearing Board. The fencing shall be limited to side and rear lot lines. Furthermore, a special exception shall be required along residential uses or residentially zoned property for fencing exceeding six feet in height, under no circumstances shall fences exceed eight feet in these locations.
C.
Retaining walls with required fencing or railings, required to support changes in site grades shall be excluded from this requirement.
[Added by Ord. 17-06, 6/8/2017]
2.
Wind Power, Windmills, windwheels, and wind energy conversion systems (WECS) shall be permitted in the C- Conservation District subject to the following conditions:
A.
The structure supporting the wind rotor unit, including any necessary guideposts and supporting cables, shall be independent of any occupied structure and located a minimum distance of the tower height plus 10 feet from any occupied dwelling, and shall not be more than 75 feet in height.
B.
The minimum distance between the tower and any property line shall be not less than twice the height of the tower.
C.
The minimum distance between grade and the lowest point of the rotor blade shall be 20 feet.
D.
All electric line/utility wires shall be buried underground.
E.
Any mechanical equipment associated and necessary for operations, including a building for batteries and storage cells, shall be enclosed with a six-foot high fence. The supporting structure shall also be enclosed with a six-foot fence, unless the base of the tower is not climbable for a distance of 12 feet.
F.
When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 140 square feet in area, nor eight feet in height and must be located at the base of the supporting structure.
G.
One windmill/windwheel/WECS shall be permitted per property.
H.
The resultant energy harnessed from the wind shall be used on the property it is located on and not used as a commercial enterprise.
I.
The supporting structure and generating unit shall be kept in good repair and sound condition. Upon abandonment of use, the supporting structure and related structures shall be dismantled and removed from the property within 60 days.
J.
The applicant shall demonstrate that any noise from the wind generating unit shall not exceed 45 dB(A), measured at the property line.
§ 27-2102 Forestry Operations.
To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land and forestry activities, including, but not limited to timber harvesting, and to be in compliance with the Pennsylvania Municipalities Planning Code, as amended, forestry shall be a permitted use by right in all zoning districts. The following standards apply to all timber harvesting within the Township where the value of trees, logs, or other timber products removed exceed $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for pre-commercial timber stand improvement.
1.
Policy and Purpose. In order to conserve forested open space and the environmental and economic benefits they provide, is the policy of Susquehanna Township to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations are intended to further this policy by promoting good forest stewardship, protecting the rights of adjoining property owners, minimizing the potential for adverse environmental impacts, and avoiding unreasonable and unnecessary restrictions on the right to practice forestry.
2.
Notification and Preparation of a Logging Plan.
A.
For all timber harvesting operations, the landowner shall notify the Township Zoning Officer at least 10 business days before the operation commences and within 10 business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
B.
Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this Ordinance. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Township Zoning Officer upon request.
C.
The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
3.
Contents of the Logging Plan. As a minimum the logging plan shall include the following:
A.
The design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings;
B.
The design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;
C.
The design, construction, and maintenance of stream and wetland crossings; and
D.
The general location of the proposed operation in relation to municipal and State highways, including any accesses to those highways.
E.
A sketch map or drawing containing the site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within the property; significant topographic features related to potential environmental problems; location of all earth disturbance activities such as roads, landings, and water control measures and structures; location of all crossings of waters of the Commonwealth; and the general location of the proposed operation to municipal and state highways, including any accesses to those highways.
F.
Documentation of compliance with the requirements of all applicable state regulations including, but not limited to, the following; erosion and sedimentation control regulation contained in Title 25 Pennsylvania Code, Chapter 102, promulgated pursuant to The Clean Streams Law (35 P.S. § 691.1 et seq.; and Stream crossing and wetlands protection regulations contained in Title 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.).
G.
Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified above, provided all information required is included or attached.
4.
Forest Practices. The following requirements shall apply to all timber harvesting operations in the Township.
A.
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
B.
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
C.
All tops and slash between 25 and 50 feet of any public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above ground.
D.
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
E.
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
5.
Responsibility for Road Maintenance and Repair: Road Bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49; and Title 67 Pennsylvania Code, Chapter 189, the land owner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic, and may be required to furnish a bond to guarantee the repair of such damages.
6.
Enforcement. The Township Zoning Officer shall be the enforcement officer for the standards set forth herein.
7.
Inspections. The Township Zoning Officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with the standards and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations.
8.
Violations Notices; Suspensions. Upon finding that a timber harvesting operation is in violation of any provision of these standards and regulations, the Township Zoning Officer shall issues the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Township Zoning Officer may order the immediate suspension of any operation upon finding that corrective action has not been taken by the date specified in a notice violation; the operation is proceeding without a logging plan; or the operation is causing immediate harm to the environment. Suspension orders shall be in writing, shall be issued to the operator and the owner, and shall remain in effect until, as determined by the Township Zoning Officer, the operation is brought into compliance with the regulations herein or other applicable statutes or regulations. The land owner or the operator may appeal an order or decision of an enforcement officer with 30 days of issuance to the Township Board of Commissioners.
9.
Penalties. Any landowner or operator who violates any provision of these regulations; refuses to allow the Township Zoning Officer access to a harvest site pursuant to paragraph 7 of this Section or who fails to comply with a notice of violation or suspension order issues under subsection (8) of this Section is guilty of a summary offense and upon conviction shall be subject to a fine of not less than $100 nor more than $500, plus costs, for each separate offense. Each day of continued violation of any provisions shall constitute a separate offense.
§ 27-2103 Public Utility Structures.
Public utility structures shall be permitted in any district without regard to the use and are regulations, provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations.
1.
Front, side and rear yards shall be provided in accordance with the regulations of the district in which the facility is located.
2.
Height shall be as required by district regulations.
3.
Unhoused equipment shall be enclosed with a chain link fence six in height topped with barbed wire.
4.
Housed equipment, when the equipment is totally enclosed within a building, no fence or screen planting shall be required, however, the yard areas shall be in conformity with the district in which the facility is located.
5.
Screen planting — the required fence for the unhoused equipment shall be surrounded by an evergreen planting as approved by the Susquehanna Township Planning Commission.
6.
The external design of the building or structure shall be in conformity with the buildings in the districts.
7.
Access for unhoused equipment, where vehicular access is across the front yard, the gate shall be constructed of solid materials having not less than 50% solid in ratio to open space.
8.
Plans of the facility shall be submitted to the Planning Commission for review and approval.
§ 27-2104 Height Regulations.
1.
Height regulations shall not apply to spires, belfries, cupolas, penthouses or domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles or towers, silos, and ornamental or necessary mechanical appurtenances.
2.
Maximum height of accessory buildings shall not exceed 15 feet in height.
3.
No structure shall be hereafter erected which is less than one story in height except for earth sheltered dwellings.
4.
The height of a building shall be measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks, and similar projections.
§ 27-2105 Area Regulations.
1.
Unless the regulations of the district in which they are located require greater lot areas or width, the following regulations shall apply:
A.
Lots not served by sanitary sewer system or other systems approved by the Pennsylvania Department of Environmental Protection shall be not less than 100 feet wide at the building setback line nor less than one acre in area, per dwelling unit.
B.
The area, width and depth of lots shall provide adequate open space for off-street loading, unloading and/or parking space. When necessary, septic tanks and drain fields shall be provided with open space in addition to the other required open space.
C.
On a lot held in single and separate ownership which does not fulfill the regulations for the minimum area and the yard dimensions for the district in which it is located, a building may be erected, altered and used thereon providing the yard space is not less than the minimum specified herein, and further that the proposed sanitary sewer system and water system is approved by the Pennsylvania Department of Environmental Protection.
§ 27-2106 Yard Requirements.
[Amended 1/10/2008 by Ord. 08-02]
1.
Where the street or streets (or private road) upon which the lot abuts is less than 50 feet in width, the front yard depth and the width of the side yard abutting the street (or private road) shall be measured from a line parallel to and 25 feet from the center line of the street (or private road).
2.
Front Yards.
A.
Front Setback of Buildings on Built-up Street.
(1)
When a vacant lot is situated between two lots, each occupied by a principal building within 25 feet of the side lot line of such vacant lot and which extends into the required front yard, the minimum front yard setback of the vacant lot shall be the average depth of the front yards of the adjacent occupied lots.
(2)
When a vacant lot is situated between one lot, occupied by a principal building within 25 feet of the side lot line of such vacant lot and which extends into the required front yard, the minimum front yard setback of the vacant lot shall be the average depth of the front yard of the adjacent occupied lot and the front yard required for the district in which such vacant lot is located. In these cases the second vacant lot from the original occupied lot shall have at least the minimum front yard depth required in the district.
B.
Parking shall be prohibited in front yards in residential districts, except on paved areas or impervious driveways in areas beyond pedestrian sidewalks or, where pedestrian sidewalks do not exist, beyond the public right-of-way portion of the front yard.
C.
Reverse Frontage Lots or Through-Lots. A front setback shall be required from each street on reverse frontage or through-lots.
3.
Yard Requirements for Corner Lots. On a corner lot, both yards abutting the street shall have a width equal to the depth of the front yard required in the district and shall be subject to all front yard requirements of this Chapter. The rear yard shall be the yard opposite the yard designated by the property owner as the front and shall meet rear yard requirements. The opposing yard from the other front yard shall meet side yard requirements.
4.
Yard Requirements for Accessory Buildings.
A.
The accessory building shall not be erected or substantially altered within any front yards.
B.
An accessory building may be erected within one of the side yards or within the rear yard provided:
(1)
Such accessory building shall be not less than 10 feet farther back than the rear-most portion of the main building.
(2)
Where such side or rear yard is along an alley, the accessory building shall be located not less than five feet from the alley.
(3)
Where such side or rear yard is adjacent to another lot, the accessory building shall be not less than three feet from any lot line.
(4)
When an accessory building is erected within the side or rear yard adjacent to a side street on a corner lot, the accessory building shall be not less than the required front yard depth from the exterior side lot line.
(5)
No carport may invade any required side yards.
5.
Requirements for buffer yards and screening. The following design standards related to buffer yards shall be implemented:
A.
Any nonresidential zone (CN, CH, IG) or mixed use zone with a nonresidential use (BOR, MU1, MU2, COL) adjoining land within a residential zone (C, RC, R-1, R-2, R-3, R-4) shall meet the following buffer yard and screening requirements, unless otherwise stipulated in this Chapter. The buffer yard shall extend the entire length or width of the property line adjoining the residential zone or lot (see Exhibit 5).
Buffer Yard Type | Adjoining Nonresidential or Mixed Use District* | Minimum Buffer Yard Width (feet) | Minimum Screening |
|---|---|---|---|
1 | CN — Commercial Neighborhood, BOR — Business Office Residential, MU1-Mixed Use Corridor (High Density), MU2-Mixed Use Corridor (Special Purpose. | 15 | 1 shade tree per 50 linear feet and 1 evergreen tree per 40 linear feet of buffer yard screen. |
2 | CH — Commercial Highway and COL-Commercial Office Limited. | 20 | 1 shade tree per 40 linear feet and 1 evergreen tree per 30 linear feet of buffer yard screen and 1 deciduous or evergreen shrub per 20 linear feet of buffer yard screen. At least 60% of shrub plantings shall be of the evergreen type. |
3 | IG — Industrial General | 30 | 1 shade tree per 30 linear feet and 1 evergreen tree per 10 linear feet of buffer yard screen and 1 deciduous or evergreen shrub per 10 linear feet of buffer yard screen. At least 70% of shrub plantings shall be an evergreen type. |
* | Applies only when the use in the Mixed Use District is other than a single family residence. |
B.
Any lot used for other than a single-family residence in a residential or mixed use zone shall meet the buffer and screening requirements for buffer yard type 1, unless otherwise stipulated in this Chapter. In the case of a lot used for other than a single-family residence abutting another lot not used for a single-family residence no buffer yard and screening shall be required.
C.
All buffer yards shall meet the following requirements.
(1)
No buffer yard or part thereof shall be used for parking or storage.
(2)
Buffer yards may coincide within any required building setback.
(3)
Buffer yards may be crossed by access roads, service drives or easements with a maximum width of 35 feet, provided that the center line of road, drive or easement crosses the lot line and buffer yard at not less than 60°.
(4)
Buffer yards shall extend for the entire width of the property line adjoining the residential property or district.
(5)
All screening materials and landscaping shall not encroach upon the adjoining property line at full maturity.
D.
Screening shall be provided in the buffer yards in accordance the following.
(1)
Landscaping shall be a combination of shade trees, ornamental trees, evergreen trees, deciduous shrubs, evergreen shrubs and groundcovers.
(2)
Selected plant materials shall be in accordance with the Susquehanna Township Subdivision and Land Development Ordinance, § 22-1109.
(3)
All loading and service areas shall meet the following screening requirements when adjacent to a residential zone or use: One shade tree per 60 linear feet and one evergreen per 10 linear feet of visible loading and service area.
(4)
All dumpsters, transformers, fuel storage tanks, and unsightly utilities shall meet the following screening requirements regardless of location or district: One shade tree per 40 linear feet and one evergreen tree per five linear feet of visibility.
(5)
Existing acceptable vegetation should be retained when feasible. Credit may be applied to required perimeter landscape plantings if the existing trees can be maintained and are of acceptable size and health.
E.
Street trees shall be provided in accordance with the Susquehanna Township Subdivision and Land Development Ordinance.
F.
Screening of stormwater management facilities shall be accordance with the following standards.
(1)
Landscape buffering and screening techniques shall be required for storm water management facilities that are adjacent to dissimilar adjoining properties and public and private roads.
(2)
The storm water management screening and buffering shall not be applied to fulfill any other of the required landscape buffering requirements of the site.
(3)
If storm water facilities and ponds are required to provide fencing. The required fencing cannot be credited towards storm water facility landscape requirements.
(4)
When fences abut public or private roads or dissimilar land uses, the proposed plantings shall be on the exterior of the fence, facing adjacent roadways and properties.
(5)
Storm water management buffering and screening requirements may be exempt in industrially zoned districts if they are not adjacent to dissimilar uses. When storm water facilities adjoin or are adjacent to residentially zoned districts or public roadways, the required screening shall be in compliance with buffer yard subsection (3) above.
(6)
The means in which to quantify required plant material will be measured from the top of the dam elevation in linear feet.
(7)
Plant material shall not be permitted on fill areas, which may compromise the structural integrity of the storm water management facility. This restriction shall not supersede the required landscape screening and buffering requirements.
(8)
The required plant material shall be of native vegetation or an acceptable equivalent site tolerant plant type in accordance with the Susquehanna Township Subdivision and Land Development Ordinance.
(9)
The proposed plant material and landscaping requirements for the storm water management facility should be designed in a manner that will minimize excessive maintenance.
(10)
If the side slopes of the storm water facility are too steep (3:1 slope or greater) to mow and maintain, it is recommended that they be planted with acceptable groundcovers, which do not require excessive mowing.
(11)
The proposed required landscape shall not encroach or impede the ability to access and maintain the storm water facility. Woody vegetation that includes, deciduous evergreen trees and shrubs shall not be on the embankments or within 50 feet of an inlet structure, standpipe or drainage way. Proposed vegetation that has excessive leaf and seed litter will not be permitted.
(12)
Existing acceptable vegetation should be retained around the proposed storm water management facility when feasible. Credit may be applied to required perimeter landscape plantings if the existing trees can be maintained and are of acceptable size and health.
6.
Projections in yards.
A.
Cornices, eaves, gutters, bay windows or chimneys may project into the front, side or rear yard of a lot, not more than 24 inches.
B.
Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into any yard.
C.
Apparatus or architectural structures needed for the efficient operation of solar energy systems, including but not limited to overhangs, insulating walls and roofs, solar collectors or reflectors may project not more than four feet into any required yard.
7.
Interior yards. For lots containing more than one building on a single lot, the following interior yard spacing requirements shall be met.
§ 27-2107 Minimal Habitable Floor Area.
§ 27-2108 Obstruction to Vision.
1.
Walls, fences, signs, or other structures shall not be erected or altered, and hedges, trees or other plant material shall not be planted or maintained, which may cause danger to traffic on a street or road by obstructing the view.
2.
On corner lots, there shall be provided and maintained a clear sight triangle in accordance with Susquehanna Township Subdivision and Land Development Ordinance Part 5 (see Exhibit 6). No structure, planting, excavation, nor other visual obstruction shall be permitted at a height greater than 30 inches within such area.
§ 27-2109 Unenclosed Storage.
1.
Recreational vehicles, boats, campers, trailers, school buses and trucks. In any residential districts, no boats, campers, recreation vehicles, trailers, and/or trucks with more than two axles, except personal pickup trucks, shall be stored or parked within any front yard. Vehicles stored on the side or rear yard must be at least five feet from the property line. No such vehicle shall be allowed to be parked in multiple family residential developments unless a remote screened storage area is provided for these purposes.
2.
Outdoor stockpiling. In all districts with the exception of the Industrial District, 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.
Industrial and Commercial Districts and Uses. All yards used for the storage of any material needed for the operation or conduct of industrial or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence, or screen planting on all sides which face upon a lot in a more restricted zone or adjacent to a residential use and in accordance with § 27-2106(5).
B.
Residential and Mixed-Use Districts.
(1)
The stockpiling of tire, metal pipes, automobile parts, and similar objects or materials shall be stored in a garage or an enclosed storage structure in residential districts.
(2)
In any residential district, the outdoor stockpiling of materials other than those listed in (1) above, is prohibited for more than one year 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 § 27-2106(5).
3.
Trash, garbage, refuse, or junk. Except as provided in Part 12 of this Chapter, the outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.
4.
Dumpsters. All trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties in accordance with § 27-2106(5), and completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
§ 27-2110 Erection of More than One Principal Use on a Lot.
More than one principal use may be erected on a single lot provided that all lot and yard requirements, standards, and other requirements of this Chapter shall be met for each structure, as though it were on an individual lot.
§ 27-2111 Illumination.
1.
The illumination of any sign shall be arranged in such a manner that the direct rays of the light source shall not enter any residential building or fall within the right-of-way of any street or highway.
2.
All exterior lighting shall be arranged and shielded to prevent direct rays or objectionable illumination or glare from falling upon adjoining properties or within the right-of-way of any street or highway.
§ 27-2112 Performance Standards.
1.
Hereafter, all uses of land buildings and structures or industrial processes shall be prohibited that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substances or conditions; provided, however, that any uses may be permitted as provided in each district, if adequate provisions and safeguards to protect the health, safety, morals, and the general welfare of the community are established by a written agreement, subject to the securing of a permit and subject to the carrying out of such provisions, restrictions, and safeguards.
2.
All uses shall operate in compliance with applicable State and Federal regulations, as amended, including but not limited to the following regulations:
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. § 691.1, as amended.
D.
Mine, reclamation, and open pit setback. "Noncoal Surface Mining Conservation and Reclamation Act, December 19, 1984, P.L. 1093, No. 219.
E.
Glare and heat. "Rules and regulations of the Pennsylvania Department of Environmental Protection.
F.
Handicap access. The latest version of the American Disabilities Act.
§ 27-2113 Protection of Solar Access.
1.
No accessory structures or vegetation shall be located to block a solar collector's access to the solar energy on an abutting lot in accordance with the following restrictions.
2.
A statement that a solar energy collection system is to be installed on a lot shall be filed and recorded with the Township on the day of the permit for the solar system is issued. The date of installation shall be the date of recordation. The solar facility must be completed and the Zoning Officer shall be notified within one calendar year from the date of installation.
§ 27-2114 Waste and Sewage Disposal.
1.
All methods and plans for the on-lot disposal of sewage or wastes shall be designed in accordance with all applicable regulations pertaining to the treatment and disposal of sewage and wastes. A certificate or statement of adequacy from the appropriate local and State agency shall be prerequisite to the issuance of a zoning permit.
2.
No material or wastes shall be deposited upon a lot in such a form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such a stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
3.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors unless enclosed in containers which are adequate to eliminate such hazards.
4.
All commercial and industrial buildings shall be connected to public water and public sewer.
§ 27-2115 Greenway Easement.
1.
When a property adjoins a CDO District and its designated greenway/open space land as shown on the Susquehanna Township Zoning Map, the applicant shall make provisions for the continuation of the greenway through said property by a permanent minimum thirty-foot conservation easement.
2.
A plan for the ownership and maintenance of the greenway easement shall be submitted at the time of subdivision and land development. The greenway easement shall be owned and maintained by the equitable owner or shall be in accordance with § 27-2116.
3.
Section 22-1008 of the Susquehanna Subdivision and Land Development Ordinance shall apply for greenways where the adjoining greenway contains a trail. The greenway may be used for one of the following purposes: conservation/open space; trails and footpaths; stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway; easements for sewer or water lines; and underground utility rights-of-way.
§ 27-2116 Ownership And Maintenance Of Greenway/Open Space Land And Common Facilities.
1.
Ownership Options.
A.
The following methods may be used, either individually or in combination, to own common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this Section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(1)
Fee Simple Dedication to the Municipality. The municipality may, but shall not be required to, accept any portion of the common facilities, provided that there is no cost of acquisition to the municipality and the municipality agrees to and has access to maintain such facilities. Furthermore, the Board may require adherence to conditions or standards set forth by the Township prior to acceptance of dedication.
(2)
Condominium Association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as "common element."
(3)
Homeowners' Association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
(a)
The applicant shall provide the municipality a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
(b)
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development;
(c)
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title;
(d)
The association shall be responsible for maintenance and insurance of common facilities;
(e)
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted;
(f)
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the municipality no less than 30 days prior to such event; and
(g)
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(h)
Evidence shall be produced as required by the Board to demonstrate the financial viability of the homeowner's association.
(4)
Private Conservation Organization or the County. With permission of the municipality, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the County provided that:
(a)
The conservation organization is acceptable to the municipality and is a bona fide conservation organization intended to exist indefinitely;
(b)
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Dauphin County becomes unwilling or unable to continue carrying out its functions;
(c)
The greenway land is permanently restricted from future development through a conservation easement and the municipality is given the ability to enforce these restrictions; and
(d)
A maintenance agreement acceptable to the municipality is established between the owner and the organization or Dauphin County.
(e)
Evidence shall be provided as required by the Board to demonstrate the financial viability and liability of the private conservation organization.
(5)
Dedication of Easements to the Municipality. The municipality may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the municipality. In addition, the following regulations shall apply:
(6)
Non-Common Private Ownership. Up to 80% of the required greenway land may be included within one or more large "conservancy lots" of at least 10 acres provided the open space is permanently restricted from future development through a conservation easement and that the municipality is given the ability to enforce these restrictions.
2.
Maintenance.
A.
Unless otherwise agreed to by the Board of Commissioners, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, condominium association, homeowners' association, or conservation organization.
B.
The applicant shall, at the time of preliminary plan submission, provide a Plan for Maintenance of Greenway Lands and Operation of Common Facilities in accordance with the following requirements.
(1)
The Plan shall define ownership.
(2)
The Plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e. lawns, playing fields, meadow, pasture, cropland, woodlands, etc.).
(3)
The Plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.
C.
In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
D.
The municipality may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality in the office of the Prothonotary of the County.
§ 27-2117 Rooftop-Mounted Equipment and Appurtenances.
[Added by Ord. 17-06, 6/8/2017]
For all nonresidential uses, mixed uses, and multifamily dwelling uses, all rooftop-mounted equipment and other similar appurtenances such as stairwells, air-conditioning units, large vents, heat pumps, and mechanical equipment shall, to the maximum extent feasible, be inconspicuously sited on the roof, screened via use of parapets, walls, fences, landscaping, or other approved screening, or integrated to be within the roof form, such that views from adjacent street rights-of-way (excluding alleys) are minimized. All architectural features to be used to screen rooftop equipment shall be designed to be architecturally compatible with the principal building (including design, materials, and colors).