Tilden Township City Zoning Code
ARTICLE XVIII
Performance Standards
§ 500-80 Purpose.
In addition to all other requirements of this chapter, the following performance standards shall apply to specific uses permitted in the various zoning districts.
§ 500-81 Accessory buildings/structures.
[Amended 7-11-2009 by Ord. No. 195]
A.
No accessory building or structure, unless it is structurally a part of the main building, shall be erected, altered, or moved to a location within five feet of the nearest wall of the main building.
B.
An accessory building or structure shall not be within the required front yard on the lot, except it may be located to within three feet of any property line in the required rear or side yard unless otherwise specified herein, provided such accessory building or structure shall not exceed 20 feet in height.
C.
No accessory building located in the rear yard of a corner lot shall be nearer to a side street lot line than the required depth of the front yard or a distance of 40% of the lot width, whichever is less.
D.
Residential fences, retaining walls, vegetation, bushes and shrubbery shall be permitted in the required front yard, provided they do not extend into the street right-of-way nor obstruct the clear sight triangle at the intersection of streets and driveways as required by §§ 500-67 and 500-68 of this chapter.
E.
Residential fences and retaining walls shall be permitted in the required rear yard or side yard to a distance of not less than six inches of a property line, unless a recorded agreement is entered into with the adjoining property owner to place the fence or wall on the property line.
§ 500-82 Adult-oriented uses.
§ 500-83 Bed-and-breakfast inns.
A.
All bed-and-breakfast units shall be contained within the principal structure.
B.
The principal structure shall contain a minimum of 2,000 square feet of gross floor area.
C.
No more than one bed-and-breakfast unit shall be provided for each 700 square feet of gross floor area in the principal structure.
D.
One off-street parking space shall be provided for each bed-and-breakfast unit.
E.
Dining or other eating facilities shall not be open to the public but shall be exclusively for the residents and registered bed-and-breakfast guests.
§ 500-84 Building materials sales yards.
The area used for such use shall be enclosed and suitably screened from the surrounding area by fence or other barrier not less than six feet high.
§ 500-85 Businesses.
A.
No merchandise shall be displayed for sale in the open, other than that normally displayed at building materials sales yards, nurseries, commercial greenhouses, motor vehicle sales establishments, and junkyards.
B.
Light emanating from any source on the property shall not be greater than two footcandles measured at a height of three feet at the property line.
C.
Waste material shall not be stored on the lot outside a building, unless it is in a sturdy, closed, vermin-proof container.
D.
All off-street parking and loading facilities shall be screened from view from adjacent residential districts and uses, in accordance with the provisions of this chapter.
E.
Off-street loading facilities shall not be permitted in the area between the building setback line and the street line.
§ 500-86 Cemeteries.
A.
Cemeteries may include mausoleums, chapels, and storage facilities for maintenance and related equipment.
B.
The minimum lot size is one acre.
C.
A planted buffer strip shall be provided when a cemetery abuts an existing residential use or a residential district and shall be in accordance with the standards for such as contained in this chapter.
§ 500-87 Clubs, lodges, and social buildings.
A.
The proposed use must be principally for the recreation and enjoyment of the members and their guests and shall not adversely affect the safe and comfortable enjoyment of properties in the neighborhood.
B.
Buildings shall be located at least 80 feet from any lot line or existing street right-of-way line.
C.
The maximum building coverage shall be 25%.
D.
Outdoor use areas shall be screened to protect the neighborhood from any possible noise and shall be located no closer to any lot line than the required front yard setback.
E.
Design of any structures erected in connection with such use shall be in keeping with the general character of the area.
F.
Buffer strips are to be provided as required by this chapter.
G.
Exterior lighting, other than that required for the safety and convenience of the users, shall be prohibited. All essential exterior lighting shall be shielded from view from surrounding streets and properties.
H.
The use of outdoor public address systems for any purpose shall be approved by the Zoning Hearing Board.
§ 500-88 Communication towers/antennas.
A.
Such facilities shall be set back a distance equal to twice its height from a lot line of an existing dwelling on another lot, and set back a distance equal to its height from all other lot lines and street rights-of-ways.
B.
A tower/antenna attached to the ground shall be surrounded by a security fence and gate with a minimum height of six feet and evergreen plantings or preserved vegetation with an initial minimum height of four feet.
C.
The tower/antenna may be on leased land.
D.
The applicant shall provide a written statement sealed by a professional engineer stating that the tower/antenna will meet the structural and wind resistance requirements of the applicable building code.
E.
The applicant shall describe in writing the policies that will be used to offer space on a tower/antenna to other communications providers, in order to minimize the total number of facilities necessary in the region.
F.
The applicant shall provide evidence that he has investigated the possibility of co-locating facilities on an existing tower/antenna and other tall structures and has found such alternatives to be unworkable. The reasons shall be provided.
G.
A tower/antenna shall have a maximum total height of 190 feet, unless the applicant proves that a taller height is necessary.
H.
A tower/antenna that serves primarily serves emergency communications by a Township-recognized police, fire, or ambulance organization and is on the same lot as an emergency services station, shall be permitted by right.
I.
Any tower/antenna that is no longer in active use shall be completely removed by the owner within six months after the discontinuance of use. The operator shall notify the Zoning Officer in writing after the tower/antenna is no longer in active use.
J.
All accessory utility buildings or structures shall have a maximum total floor area of 400 square feet, which may be divided among adjacent buildings serving separate companies, have a maximum height of 10 feet and meet all principal building setbacks, and be surrounded by a security fence and gate.
K.
The applicant for any commercial communications tower/antenna shall provide a written notification to the Reading Airport at the time or prior to the time a permit or approval application is submitted to the Township. Such notification shall also be provided to any other airport that is within five miles of the proposed tower/antenna.
§ 500-89 Convenience stores.
[Amended 7-11-2007 by Ord. No. 195]
A.
No outside storage, displays, or vending machines, except for a screened dumpster, shall be permitted.
B.
No exterior service windows or exterior ATM machines shall be permitted.
C.
Access driveways shall be limited to one curb cut per street frontage and shall be located no closer than 100 feet to any intersection.
D.
On-site vehicle access and circulation shall be designed so that adjacent residential uses or districts are not disturbed by the movement of vehicles or by vehicle headlights.
E.
There shall be a minimum side yard setback of 40 feet from all properties zoned residential or in residential use.
F.
Fuel pumps, pump islands, detached canopies, compressed air stations, and similar equipment shall be setback a minimum of 50 feet from any street right-of-way and a minimum of 75 feet from all properties zoned residential or in residential use.
G.
There shall be adequate space for a minimum of three vehicles to stack in a line at fuel pumps without using or obstructing any portion of an adjacent public sidewalk or street right-of-way.
H.
When the site abuts a property zoned residential or is in residential use, all lights illuminating the fuel pumps and pump island areas shall be extinguished a the close of business.
§ 500-90 Eating and drinking places with drive-in service.
A.
If an outdoor menu board is provided, it shall be considered a sign and shall comply with the regulations for such contained in this chapter.
B.
All areas not covered by buildings, structures, or paving shall be landscaped and provided with an all-season ground cover.
C.
All trash, rubbish, and waste areas shall be provided with a complete visual screen.
D.
A visual planting screen is required when adjacent to a residential use or district.
§ 500-91 Family care facilities.
A.
There shall be no more than six residents.
B.
There shall be twenty-four-hour resident supervision by qualified persons.
C.
The use shall be licensed by the state.
D.
Any medical or counseling services shall be provided for the residents only.
E.
The property on which such facilities are located shall not be closer than 200 feet to a similar use.
§ 500-92 Forestry.
[Amended 7-11-2009 by Ord. No. 195]
Logging or harvesting of timber on a parcel of land greater than one acre shall require that a timber harvesting/logging plan acceptable to the Township be implemented by the property owner.
§ 500-93 General service or contractor's shops.
The floor area devoted to such use shall in no case exceed 10,000 square feet.
§ 500-94 Highway interchange commercial center.
[Amended 1-3-2006 by Ord. No. 161; 1-2-2007 by Ord. No. 173]
A.
The purpose of the highway interchange commercial center is to make appropriate provisions for large scale, unified shopping centers in proximity of the highway interchange located at S.R. 61 and S.R. 78.
B.
The following uses are permitted within a highway interchange commercial center: anchor stores in conformity with Subsection H below, indoor theaters, family entertainment facilities, gas stations, motor vehicle maintenance facility as an accessory use, motor vehicle repair facility as an accessory use and fueling stations as an accessory use and uses permitted in § 500-33A, B and F of Article IX, C-3 Highway Commercial Districts, of this chapter.
[Amended 4-10-2014 by Ord. No. 216-2014]
C.
A highway interchange commercial center shall be of single ownership or under unified management control. Where the Board of Supervisors shall have approved plans of a development in accordance with the regulations herein, the subsequent division of that tract or part thereof into lots incident to the development of the overall development shall thereafter be exempted from the provisions of Chapter 450, Subdivision and Land Development, of the Code of the Township of Tilden, provided, that the overall development as a whole remains subject to the provisions of Chapter 450, Subdivision and Land Development, of the Code of the Township of Tilden, and that the deeds conveying lots or parts of the tract shall contain covenants requiring the purchasers to, at all times, operate and maintain such lots or parts of the tract in good order and repair and in a clean and sanitary condition; that cross-easements for parking areas and all appurtenant ways, pedestrian access, and utilities shall be maintained between all lots, and that such deed covenants shall be subject to the approval of the Township Supervisors upon the advice of the Township Solicitor. The purchases of any lot, parcel or other real estate in the highway interchange commercial center shall so covenant and agree thereby to be bound by such conditions as set forth in the subsection above.
D.
All proposed structure(s) must relate harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed structure(s).
E.
For vehicular and pedestrian circulation, special attention must be given to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of safe and convenient parking areas. Design vehicular and pedestrian areas to enhance the appearance of and access to the proposed building(s) and structure(s) and to the neighboring properties.
F.
The lot area shall not be less than 35 acres.
G.
Not more than 75% of the lot area boundaries may be covered by impervious surface. Pervious areas, including stormwater management areas, shall be designed to enhance the rural setting of the area as recommended by the Township's Engineer.
[Amended 4-10-2014 by Ord. No. 216-2014]
H.
No building or structure shall exceed 225,000 square feet. Included in the square footage area shall be any permeate fenced open areas for garden centers or similar uses.
I.
Setbacks for front yards, side yards and rear yards shall be a minimum of 50 feet. Parking and/or accessways shall be permitted within the setback areas, except when the setback adjoins a residential use.
J.
No building shall exceed 35 feet in height. This restriction shall not apply to nonhabitable architectural enhancements related to a building or structure, such as decorative building facade or screening of refrigeration units. Nonhabitable architectural enhancements, together with buildings or structures to which they are affixed, shall not exceed 45 feet in total height.
[Amended 4-10-2014 by Ord. No. 216-2014]
K.
There shall be a minimum distance between buildings and structures of 45 feet.
L.
All means of ingress and egress shall be located at least 400 feet from any other intersecting public street or streets.
M.
Loading and unloading areas shall be designed and located so as not to interfere with circulation and parking areas.
N.
Required parking shall be in accordance with § 500-114A(16).
O.
Lighting for buildings, structures, signs, accessways, and parking and loading areas shall be so designed and positioned as to not reflect upwards or towards public streets or cause any unreasonable annoyance to surrounding properties. The maximum mounting height of all luminaries shall be 25 feet. Lighting fixtures shall be designed to meet IESNA full-cutoff criteria.
P.
Illumination levels shall have intensities, uniformities and glare control in accordance with this chapter, except as may otherwise be directed by the Township. Minimum intensity shall be 0.5 footcandles and the uniformity ratio (maximum to minimum) shall be 10:1.
Q.
Parking lot lighting shall be reduced to security levels within one hour after the close of each business.
R.
No overnight parking allowed.
S.
Truck deliveries, truck staging and trash pickup shall be prohibited within 300 feet of any existing residential unless conditional use approval is obtained from the Board of Supervisors.
T.
Temporary storage containers or trailers shall be allowed as long as they are placed in the rear of the building area, or in another suitable location that limits visibility from the general public with the storage area to be screened with fencing material of a height sufficient to screen up to and including the top of the containers in the storage area. There may be no sale activities directly from any such containers. In addition, there shall be no outside display of merchandise or outside vendors without a special permit pursuant to Township ordinances, unless contained within the area between the building and the building curbline and clearly marked on the project's land development plan. Such area may not be used in a way that limits pedestrian traffic along the intended walking areas outside of the store and may not overflow into the driveways or parking areas as of the shopping center. Such display and vendor areas must be well maintained on a regular basis to ensure merchandise displays are clean and orderly.
U.
Buffer yards adjacent to a residential use shall be in accordance with the provisions of § 500-70, but will, to the extent they do not conflict with the provisions of § 500-70, be required to have an effective height of at least eight feet and may be comprised of a combination of: a) earthen berms and plantings and fencing; or b) plantings and fencing. All plantings shall be placed on the residential side of the screen. In all cases, the screens may be interrupted where necessary for pedestrian path crossings, to avoid obstructing safe distances, to allow for stormwater swale crossings, and to avoid wetland intrusions. If such interruptions occur, the screen shall be so arranged to maintain a visual barrier as if not interrupted. To the extent that this section conflicts with the provisions of § 500-70, the provisions of § 500-70 shall apply.
V.
Storage areas for trash and rubbish shall be completely screened. All organic rubbish shall be stored within airtight, vermin-proof containers until such rubbish is collected. No such storage areas shall be permitted within any required buffer yard.
X.
Establishments furnishing shopping carts shall provide definite areas on the site for the storage of said carts. Storage areas shall be clearly marked and designated for the storage of shopping carts.
[Amended 4-10-2014 by Ord. No. 216-2014]
Y.
Any proposed highway interchange commercial center shall be subject to the provisions of Chapter 450, Subdivision and Land Development, of the Code of the Township of Tilden.
[Amended 4-10-2014 by Ord. No. 216-2014]
Z.
The guidelines set forth in § 500-116A of this chapter shall not be applicable to a highway interchange commercial center and the following guidelines for parking space area shall apply:
[Amended 4-10-2014 by Ord. No. 216-2014]
(1)
Parking space area. Each off-street parking space shall contain a net area of no less than 180 square feet, with a minimum width of 10 feet and a minimum length of 18 feet.
AA.
The guidelines set forth in § 500-116J(2)(a) and (b) of this chapter shall not be applicable to a highway interchange commercial center and the following guidelines shall apply:
[Amended 4-10-2014 by Ord. No. 216-2014]
(1)
Curbed, landscaped traffic islands having the same dimensions as a single parking space are required on the end-cap of each parking row in order to separate rows of parking from any internal collector drive. The requirements will be waived for the end of a row of parking where the intended space is used for handicapped parking striping. In addition, parking areas which contain over 200 parking spaces must include one curbed, landscaped traffic island for every five rows of parking; such traffic islands to be eight feet wide by the entire length of the parking row. Curbed, landscaped areas shall include grass, decorative flowers and low lying shrubs, selected to promote an aesthetically pleasing design, while creating a safe and easily maintained parking area.
BB.
The guidelines set forth in § 500-34, Area and bulk regulations, and § 500-35, Special regulations, of this chapter shall not apply to uses permitted within a highway interchange commercial center, which instead shall be governed by the area, bulk and other special regulations set forth in this section.
[Amended 4-10-2014 by Ord. No. 216-2014]
§ 500-95 Hospitals.
[Amended 1-3-2006 by Ord. No. 161]
A.
The size, scale, type, and location shall meet the regulations and requirements of the applicable state agencies and other regulatory bodies.
B.
The minimum lot size is three acres.
C.
The site shall have direct access to an arterial or collector street, and more than one such access point shall be provided to the site.
D.
No hospital in a residential district may primarily treat or house the criminally insane.
E.
Public sewer and water facilities shall be provided.
§ 500-96 Junkyards.
[Amended 1-3-2006 by Ord. No. 161]
A.
The storage of garbage or organic or biodegradable material is prohibited.
B.
All junk shall be at least 100 feet from any lot line and street right-of-way line.
C.
The site shall have at least two points of access to a public street, each of which is not less than 30 feet wide.
D.
The site shall be completely surrounded by well-maintained and secure fencing at least six feet high with gates. Such gates shall be securely locked at all times except during business hours when an adult attendant shall be on the premises. This required fence shall be non-opaque.
E.
The site shall be completely surrounded by a forty-foot wide buffer yard, which shall contain evergreen plantings at least six feet high at the time of planting. The buffer yard shall be on the outside of the required fencing.
F.
All junk shall be stored and arranged so as to allow access by fire-fighting equipment and to prevent the accumulation of stagnant water. No junk material shall be piled higher than six feet above grade.
G.
The burning or incineration of any junk, rubbish, or refuse is prohibited.
H.
Where practical, liquids and fluids shall be drained from junked or scrapped motor vehicles. Adequate precautions shall be taken to prevent the seepage of oils, grease, or battery acid into the soil or water.
§ 500-97 Methadone treatment facilities.
[Amended 1-3-2006 by Ord. No. 161]
Such use shall only be permitted when in compliance with the standards for such as provided for in the PA Municipalities Planning Code.
§ 500-98 Hotels.
[Amended 1-3-2006 by Ord. No. 161; 9-13-2017 by Ord. No. 228-2017]
A.
Such use shall be located on a lot of not less than five acres.
B.
Such use shall have continuous road frontage of at least 300 feet.
C.
No structure shall be located closer than 100 feet from the street line or 35 feet from each side or rear property line, except as noted in Subsection E below.
D.
No hotel shall be permitted unless it is provided with public sanitary sewer facilities approved by the Pennsylvania Department of Environmental Protection.
E.
The building height maximum contained in § 500-62 notwithstanding, the building height shall not exceed 35 feet or three stories unless additional side and rear yard setbacks are provided as outlined in this section. Building heights of 50 feet or four stories (whichever is less) are permitted as long as one additional foot of side and rear yard setback (from the setbacks contained in § 500-98C above) is provided for each one vertical foot of height above 35 feet. For example, a forty-foot height would be permitted if an additional five feet of setback is provided along the side and rear property lines.
F.
One additional building is permitted on the same lot as long as there is a minimum distance of 25 feet between the buildings and the building layout has been reviewed by a fire code official for access of emergency response equipment.
§ 500-99 Motels.
[Amended 1-3-2006 by Ord. No. 161; 9-13-2017 by Ord. No. 228-2017]
A.
Such use shall be located on a lot of not less than five acres.
B.
Such use shall have continuous road frontage of at least 200 feet.
C.
No structure shall be located closer than 100 feet from the street line or 50 feet from each side or rear property line.
D.
No motel shall be permitted unless it is provided with public sanitary sewer facilities approved by the Pennsylvania Department of Environmental Protection.
E.
A buffer yard shall be required along all side and rear property lines in accordance with § 500-70.
F.
All storage areas for trash and rubbish shall be completely screened.
§ 500-100 Motor vehicle repair facilities.
[Amended 1-3-2006 by Ord. No. 161]
A.
No building or structure shall be located within 50 feet of a residential use. Yards adjacent to residential uses shall be suitably screened.
B.
All repair and paint work shall be performed within an enclosed building.
C.
No more than five vehicles in non-driveable condition shall be stored on the property. Such vehicles shall be stored in side and rear yards only and shall be no closer than 20 feet to any side or rear lot line.
D.
Outdoor storage of parts and junk shall not be permitted.
E.
Any vehicle on the premises longer than seven days shall be deemed a stored vehicle and shall not be stored longer than a total of 60 days.
§ 500-101 Motor vehicle sales establishments.
§ 500-102 Motor vehicle service stations.
[Amended 1-3-2006 by Ord. No. 161]
A.
All activities except those to be performed at fuel pumps and air filling areas shall be performed within a building.
B.
Fuel pumps shall be at least 25 feet from an existing or future required street right-of-way line or 50 feet from the existing street center line, whichever is greater.
C.
Any motor vehicle parts or dismantled vehicles shall be located within an enclosed building.
D.
Full body work or painting activities shall not be permitted.
E.
Vehicles awaiting repairs may remain on the property no longer than 60 days from the day the vehicle arrives on the property.
F.
No vehicles may be displayed for sale or rent on the property.
§ 500-103 No-impact home-based businesses.
[Amended 1-3-2006 by Ord. No. 161]
A.
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
§ 500-104 Outdoor places of amusement.
[Amended 1-3-2006 by Ord. No. 161]
A.
A lot containing such use shall not be less than 10 acres in area.
B.
All buildings and structures shall be set back a minimum of 150 feet from all exterior property lines.
C.
The maximum building coverage shall be 10%.
D.
The maximum paved area shall be 15%.
E.
The minimum lot width shall be 200 feet.
F.
A golf course may include a standard restaurant, food stand, equipment shop, clubhouse, or maintenance/equipment buildings or structures as accessory uses.
G.
For a golf course, no fairway or green shall be closer than 50 feet from a property line of an existing dwelling or a right-of-way line of an existing street.
H.
An outdoor swimming pool shall be completely enclosed with a secure chain link or wooden fence with a minimum height of six feet.
§ 500-105 Passenger terminals.
§ 500-106 Retail service shops.
[Amended 1-3-2006 by Ord. No. 161]
§ 500-107 Retail showroom.
[Amended 1-3-2006 by Ord. No. 161]
A.
Floor area must be in excess of 200,000 square feet.
B.
Every lot shall have a lot area of not less than 40 acres, and such lot shall be not less than 400 feet in width at the building line.
[Amended 4-10-2014 by Ord. No. 216-2014]
C.
There shall be a front yard setback on each street on which a lot abuts which shall not be less than 50 feet in depth.
[Amended 4-10-2014 by Ord. No. 216-2014]
D.
For every building or use there shall be two side yard setbacks, neither less than 50 feet in depth.
[Amended 4-10-2014 by Ord. No. 216-2014]
E.
There shall be a rear yard setback on each lot which shall not be less than 50 feet in width.
F.
No building shall exceed 35 feet in height. This restriction shall not apply to nonhabitable architectural enhancements related to a building or structure, such as decorative building facade or screening of refrigeration units. Nonhabitable architectural enhancements, together with buildings or structures to which they are affixed, shall not exceed 45 feet in total height.
[Amended 4-10-2014 by Ord. No. 216-2014]
G.
An access street shall be used for access to the lot. The access street shall be curbed with a minimum paved width of roadway of 24 feet. The access street shall be constructed with a base of six inches of Type 2A Aggregate for the full width of roadway and shoulders, six inches of a bituminous base course and 1 1/2 inches of a bituminous wearing course. All materials and workmanship shall be in accordance with the latest specifications of the Pennsylvania Department of Transportation.
§ 500-108 Retail stores.
[Amended 1-3-2006 by Ord. No. 161; 4-10-2014 by Ord. No. 216-2014]
Gross floor area is not to exceed the allowable building area of the zoning district within which the retail stores are located.
§ 500-109 Self-storage facilities.
[Amended 1-3-2006 by Ord. No. 161]
A.
Structures containing storage units shall be limited to one story and shall not exceed 12 feet in height.
B.
Each individual storage unit shall abut a paved access drive.
C.
Access drives shall be at least 15 feet wide.
D.
No storage outside of individual units shall be permitted.
E.
A security fence at least six feet high shall surround a self-storage facility, and access through such fence shall be by way of an automatic gate, security guard, or similar means.
F.
A planted buffer strip shall be provided when a self-storage facility abuts an existing residential use or a residential district and shall be established in accordance with the standards for such, as contained in this chapter.
G.
Lighting shall be in accordance with all applicable provisions of this chapter.
H.
The use of individual storage units shall be restricted to the storage of household goods and business equipment, supplies, and records. The storage of perishable items or hazardous materials shall not be permitted. There shall be no motor vehicle repairing of any kind either inside storage units or within common access areas, except in the case of emergencies. Storage units shall not be used as areas for rehearsals by musical groups.
§ 500-110 Shopping centers.
[Amended 1-3-2006 by Ord. No. 161; 1-2-2007 by Ord. No. 172]
A.
Shopping centers shall be in single ownership or under a unified management control.
B.
The principal uses permitted by right within a shopping center shall be limited to retail stores, retail service shops, personal service shops, financial institutions, offices, and eating and drinking places.
C.
The lot area shall not be less than 10 acres.
D.
Not more than 20% of the area of each lot may be occupied by buildings.
E.
There shall be a setback on each street on which a lot abuts which shall not be less than 100 feet in depth.
F.
There shall be two side yards not less than 75 feet wide.
G.
There shall be a rear yard on each lot which shall be not less than 50 feet wide.
H.
No building shall exceed two stories or 35 feet in height.
I.
Public sewer and water facilities shall be provided.
J.
Off-street parking shall be provided in accordance with the provisions of this chapter. Parking shall be permitted within the front, side, and rear yard setback areas, up to 25 feet from any front, side, or rear lot line of the shopping center.
K.
All means of ingress and egress shall be located at least 200 feet from any other intersecting street or streets.
L.
Areas for loading and unloading shall be so designed and located as to not interfere with the established pattern for interior circulation and parking.
M.
Lighting for buildings, signs, accessways, and parking and loading areas shall be so designed and positioned as to not reflect upward or toward public streets or cause any annoyance to surrounding properties.
N.
All lot lines abutting residential districts shall be screened by a buffer yard, as described in § 500-70 of this chapter.
O.
Storage areas for trash and rubbish shall be completely screened. All organic rubbish shall be stored within airtight, vermin-proof containers until such rubbish is collected. No such storage areas shall be permitted within any required buffer yard.
§ 500-111 Veterinarian offices.
[Amended 1-3-2006 by Ord. No. 161]
A.
Veterinarian offices shall not include animal shelters, kennels, or outdoor exercise run areas.
B.
Animals may be kept overnight on a limited basis, usually as a follow-up to specific treatment that requires such a stay. Animals that are kept overnight must remain inside the building and may be taken outside for a limited time only by office staff.
§ 500-112 Wholesale businesses.
[Amended 1-3-2006 by Ord. No. 161]
A.
Adequate off-street parking shall be provided on the same lot as the building or activity served. Parking areas shall be designed so that vehicles will not have to back onto a public street.
B.
Entrances and exits shall have a minimum width of 12 feet for each lane of traffic and shall not be greater than 30 feet in width at the street line; they shall also be designed to prevent blocking of vehicles entering or leaving the site.
C.
Means of ingress and egress to any public street shall not be located closer than 200 feet from an intersecting street or streets.
D.
Any goods, materials, or equipment shall not be displayed, stored, or sold in the required front yard; and such goods, materials, or equipment shall be displayed or stored or arranged in an orderly manner to permit access by fire-fighting equipment.
E.
All outdoor storage shall be screened by evergreen planting of sufficient height and density to screen it from view of a public street and adjacent residential district.
§ 500-113 Solar energy systems and facilities.
[Added 8-9-2023 by Ord. No. 252]
A.
Definitions.
(1) ACCESSORY SOLAR ENERGY SYSTEM (ASES) AGROVOLTAICS (a/k/a AGROPHOTOVOLTAICS or AGRISOLAR) GLARE PRINCIPAL SOLAR ENERGY SYSTEM (PSES) SOLAR ARRAY SOLAR ENERGY SOLAR PANELS
As used in this section, the following terms shall have the meanings indicated:
An alternative energy system consisting of any solar collector, solar energy device, or any structural design feature mounted on a principal building, accessory building, or on the ground, and whose primary purpose is the collection of solar energy to generate electricity, or otherwise convert solar energy into mechanical energy for space heating or cooling, or for water heating for the primary purpose of reducing on-site consumption of purchased power.
The simultaneous use of areas of land for both solar voltaic power generation and agriculture, including the growing of crops for food, clothing, or commercial or industrial use in the shade of solar panels.
Is the effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
An alternative energy system consisting of ground-mounted solar collection devices and solar energy related equipment to generate electricity or otherwise convert solar energy into mechanical or other forms of energy for the primary purpose of using the energy for commercial or other off-site use or a system existing solely to generate energy for sale back into the energy grid system, rather than being consumed on site.
A group of photovoltaic solar panels or cells that convert sunlight into electricity, arranged and linked in such a way as to operate as a single unit. The term also refers to a similar set of reflecting mirrors used for directing and focusing sunlight onto such a group of photovoltaic units.
Radiant energy (direct, diffuse and reflected) received from the sun.
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into useable electrical energy by way of a solar energy system.
B.
Applicability.
(1)
This section applies to accessory solar energy systems and principal solar energy systems to be installed and constructed after the effective date of this section, and all applications for solar energy systems for erection on existing structures or property.
(2)
Accessory or principal solar energy systems constructed prior to the effective date of this section shall not be required to meet the requirements of this section.
C.
Classification. This section shall prescribe the location and circumstances for the installation of all solar energy systems and facilities in the Township.
(1)
Accessory solar energy systems (ASES) shall be a permitted use by right in any district, with the exception of the Open Space District and may be installed upon receipt of the necessary construction, electrical and/or mechanical permit(s). This section applies to solar energy systems to be installed and constructed for residential or commercial use as an accessory use to a primary residential or commercial use. Accessory solar energy systems shall be added to §§ 500-10L, 500-13C, 500-17B, 500-21D, 500-25B(3), 500-29A(13), 500-33A(12), 500-37C(2), 500-41C(2), 500-46L, 500-52J and 500-55J as a permitted use by right in accordance with the provisions of § 500-113 in each zoning district.
(2)
Principal solar energy systems shall be permitted as a conditional use only within the C-1, C-2, C-3, L-1, L-2, R-1, and R-2 Districts, subject to the standards set forth in this section. Principal solar energy systems shall be added to §§ 500-10M, 500-13D, 500-25E, 500-29F, 500-33F(16), 500-37F and 500-41G as a use permitted by conditional use in accordance with the provisions of § 500-113 in each zoning district.
(3)
Any upgrade, modification or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this section.
D.
Design and installation for accessory solar energy system.
(1)
An accessory solar energy system may be roof-mounted, ground-mounted, or pole-mounted as set forth herein. A roof-mounted system may be installed on a principal or accessory building as defined by this chapter.
(2)
The placement of all features and system components constituting the ASES shall comply with the principal building setback, height, lot coverage, and other bulk requirements of the applicable underlying zoning district. If this section conflicts with a greater standard elsewhere in this chapter, the greater of the standards shall apply.
(3)
No component of a ground-mounted system may be located within the front yard setback as specified for each zoning district.
(4)
An ASES shall provide power for the principal use of the property on which it is located and shall not be used for the generation of power for the sale of energy to other users.
(5)
ASES roof-mounted systems shall not extend beyond the roof edge in any direction, nor above the ridgeline of any slopes roof to which the system is attached. ASES roof-mounted systems on flat roofs shall not exceed 12 feet in height.
(6)
ASES ground-mounted systems shall not exceed 12 feet in height. Pole-mounted systems may not exceed the height requirement for an accessory building for the zoning district in which the system is to be located.
(7)
The maximum permitted area, which is the combined surface area of all individual solar panels constituting the system, shall not exceed 2,000 square feet.
(8)
For ground-mounted systems, all utilities, lines, cable, wires, plumbing pipes, and other connections of, to, or from the system and any related structure shall be at or below grade and placed in conduits.
(9)
Any mechanical equipment associated with an ASES shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other plant materials, or an opaque fence that provides a visual screen. No mechanical equipment shall be located in the required front yard setback of the underlying zoning district, and all mechanical equipment shall be setback at least 10 feet from the rear and side property lines. If this section conflicts with a greater standard elsewhere in this chapter, the greater of the standards shall apply.
(10)
The system shall be installed in compliance with the most current building and construction code requirements adopted by the Township.
(11)
ASES ground-mounted systems shall be in compliance with Chapter 435, Stormwater Management, of the Code of the Township of Tilden.
NOTE: Solar panels are not to be considered impervious for stormwater management calculations. The calculations shall utilize the proposed cover type beneath the solar panels.
(12)
The design, installation, and operation of any ASES shall comply with all applicable federal, state, and local laws and regulations, including, but not limited to, building, construction, fire and life safety requirements and conform to the applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other similar certifying organizations.
(13)
Upon completion of installation, the ASES shall be maintained in good working order in accordance with standards of the Tilden Township codes under which the ASES was constructed. Failure of the property owner to maintain the ASES in good working order is grounds for appropriate enforcement actions by Tilden Township in accordance with applicable ordinances.
(14)
ASES installers must certify they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list.
(15)
An ASES shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturer's or installer's identification and any appropriate warning signs and placards may be displayed on the system provided they comply with the Township's sign regulations.
(16)
Decommissioning.
(a)
Each ASES and all solar-related equipment shall be removed within 12 months of the date when the use has been discontinued or abandoned by system owner and/or operator, or upon termination of the useful life of same.
(b)
The ASES shall be presumed to be discontinued or abandoned if no electricity is generated by such solar collector for a period of 12 continuous months.
(c)
Any location where a ground-mounted ASES is removed must be restored to its predevelopment condition, including seeding and mulching.
(17)
Waivers.
(a)
Upon request, the municipality in a conditional use hearing may grant modification of the setback or height requirements, provided that the applicant can demonstrate specific site conditions that prevent him/her from complying with the setback and height requirements. Requests for modifications shall be made in writing to the Board of Supervisors.
(b)
The municipality may take into consideration the support or opposition of adjacent property owners in granting modifications of setback or height requirements.
(18)
Multiple solar energy systems. In the event that a property owner seeks to install more than one roof mounted or ground-mounted solar energy system, the second or subsequent apparatus shall follow the same process as stated above.
(19)
Agrovoltaics is permitted in conjunction with an ASES beneath and in close proximity to the system.
E.
Principal solar energy systems (PSES).
(1)
The placement of all facilities and system components comprising the PSES shall comply with the dimensional, setback, and maximum lot coverage requirements of the district in which it is proposed.
(2)
No PSES shall be located within 100 feet of a property line or the right-of-way of a public road and 300 feet from any residential building.
(3)
The minimum lot size for installation of a PSES shall be five acres.
(4)
PSES ground-mounted systems shall not exceed 16 feet in height above the ground at maximum tilt. Buildings associated with the system shall comply with the maximum building height requirements of the district in which the system is to be located.
(5)
A lot where a PSES is proposed to be constructed may contain an existing or proposed single-family dwelling. In this very specific case, the PSES shall be considered an accessory use; however, the regulations of Subsection E shall apply.
(6)
The PSES shall be enclosed with a chain link fence at least eight feet tall and having self-locking gates with a gap at the bottom to allow for passage of small wildlife of no more than eight inches in height by eight inches in width.
(7)
Installation of a PSES shall require submission of a land development plan to the Township that shall comply with all applicable sections of Chapter 450, Subdivision and Land Development.
(8)
PSES shall be in compliance with Chapter 435, Stormwater Management.
NOTE: Solar panels are not to be considered impervious for stormwater management calculations. The calculations shall utilize the proposed cover type beneath the solar panels.
(9)
Landscape screening shall be installed between the property line and required fence that abuts a residential district or use. Said screening shall include two staggered rows of evergreen trees, a minimum of six feet tall at the time of planting, placed 15 feet on center.
(10)
Design, installation, and operational regulations:
(a)
It shall be the responsibility of the owner of the system to design, install and operate any PSES in compliance with all applicable federal, state, and local laws and regulations.
(b)
The PSES shall have conspicuously and clearly labeled warning about voltage and other important electrical safety information upon all system components.
(c)
All panels shall have an anti-reflective coating.
(d)
On wooded lots, the maximum area that may be cut and cleared for the installation of a PSES is 30%. Solar arrays shall not be located in FEMA-designated flood hazard areas, wetlands and wetland buffer areas, slopes in excess of 15% and prime agricultural land as described in USDA Soils Map.
(e)
The noise level for any PSES facilities shall be in compliance with the restrictions of the Township ordinance for the zoning district in which the PSES facility is located, and battery storage, inverters, transformers, and other mechanical equipment associated with the PSES facilities shall be located near the middle of the array.
(f)
At a minimum, a twenty-four-foot wide access road must be provided from a state or Township roadway into the site. The applicant shall be responsible for procuring any highway occupancy permits for access onto state highways required by the Pennsylvania Department of Transportation, or driveway permits from the Township for access onto Township roads. At a minimum, a twenty-foot wide cartway shall be provided between solar arrays to allow access for maintenance vehicles and emergency management vehicles including fire apparatus and emergency vehicles.
(11)
Submission requirements. An applicant proposing to construct and operate a PSES shall submit the following items to the Township:
(a)
A land development plan conforming with the requirements of Chapter 450, Subdivision and Land Development, Ordinance No. 27, which must be approved by Towns hip officials.
(b)
A written project summary describing the project that shall include the system and any ancillary facilities; its approximate generating capacity, proposed locations, and the location of any new electric lines to and from the system and their off-site connection point(s) to the electric grid; the approximate number of panels to be installed, their type, height or range of heights, orientation, dimensions, and manufacturers information.
(c)
A glare analysis report which shows that glare will not be projected onto any public street or any building on a property other than the property where the PSES is located.
(d)
Public inquiries/complaints. The facility operator is required to maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints through the life of the project. The facility operator is required to make reasonable effort to respond to the public's inquiries and complaints.
(e)
Decommissioning. Documents related to decommissioning, as more fully described herein below, including, by not limited to, executed agreement(s), such as a participating landowner agreement between the Township and PSES owner, operator and/or landowner requiring such owner, operator, and/or landowner to obtain and post financial security for decommissioning as described herein below.
(f)
Grid connection and net metering policies. The local utility provider shall be contacted by the applicant to determine any grid connection and net metering policies and such information shall be provided to the Township.
(g)
Miscellaneous. Other relevant studies, reports, certifications, approvals, and agreements as may be reasonably requested by the Board of Supervisors to ensure compliance with this section, including, but not limited to, an operations agreement to set forth operations and management parameters and policies, require continually updated/submitted contact information for the PSES owner/operator, and mandate inspection protocol and emergency procedures; and a construction/deconstruction mitigation plan.
(12)
Certifications and inspections.
(a)
National and state standards. The applicant shall place a statement on the plans submitted to the Township certifying that all applicable manufacturers, Commonwealth of Pennsylvania and U.S. standards of the construction, operation, and maintenance of the proposed PSES have been/will be met.
(b)
No PSES shall commence operation until the Township has certified in writing that the conditions of this section have been satisfied and the PSES has been constructed and installed in accordance with the approved plans and specifications.
(13)
Local emergency services. The applicant shall provide a copy of the project summary to the local fire companies and the Township's fire safety consultant for their review and comment. Comments and recommendations from the above-mentioned individuals and/or entities shall be addressed by the applicant to the satisfaction of the Township in subsequent plan reviews. Upon the Township's request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the PSES.
(14)
Decommissioning.
(a)
The PSES owner and operator shall, at their expense, complete decommissioning of the PSES within six months after the end of its useful life, or the useful life of the panels, whichever comes first. The PSES and panels are presumed no longer useful when either fails to generate electricity for a continuous period of six months.
(b)
Decommissioning shall include removal of all panels, buildings, cabling, electrical, mechanical, and plumbing components, foundations, and any other associated facilities in their entirety whether above, on, or below ground. Stormwater facilities (BMPs) and healthy landscaping shall remain undisturbed.
(c)
Any earth disturbed during the removal of any components listed above shall be graded and reseeded and mulched unless the landowner requests in writing that access roads or other land surface areas not be restored.
(d)
An independent, certified professional engineer licensed to practice in the Commonwealth of Pennsylvania shall be retained to estimate the total cost of decommissioning (decommissioning costs), without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment (net decommissioning costs). Said estimate shall be submitted to the Township prior to final approval of the land development plan, after the first year of operation and every fifth year thereafter.
(e)
The PSES owner or operator shall post and maintain financial security for decommissioning in an amount equal to net decommissioning costs (the "financial security for decommissioning") before, or simultaneously with the Township's final approval of the land development plan. At no point thereafter shall the financial security for decommissioning be no less than 25% of decommissioning costs. The funds for the financial security for decommissioning shall be posted and maintained with a bonding company, or federal or commonwealth charted lending institution chosen by the PSES owner, operator, or participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business with the commonwealth, and is approved by the Township.
(f)
The financial security for decommissioning may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee, or other form of financial assurance that may be acceptable to the Township.
(g)
If the PSES owner or operator fails to complete decommissioning with the prescribed period, then the landowner shall have six months to complete decommissioning.
(h)
If neither the owner, operator, nor the landowner complete decommissioning with the herein prescribed periods, then the Township may take such measures as necessary to complete decommissioning through the use of the financial security for decommissioning provided by the PSES owner or operator. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan at the sole expense of the PSES owner, operator and landowner.
(i)
The escrow agent shall only release the financial security for decommissioning to the PSES owner or operator when such individual(s) demonstrate, and the Township concurs, that decommissioning has been satisfactorily completed, or upon written approval of the municipality in order to implement the decommissioning plan.
(15)
Agrovoltaics. Agrovoltaics are permitted in conjunction with a PSES beneath and in close proximity to the system subject to the following:
(a)
Only shade tolerant crops may be used.
(b)
Crops must not be tilled in.
(c)
A written erosion and sedimentation control plan must be developed for agricultural plowing or tilling activities or a portion of the overall farm conservation plan must identify BMPs used.
(d)
Any cutting or mowing of the agricultural crop is limited to a height of not less than four inches.
(e)
Application of chemical fertilizers or herbicides/pesticides is limited to the agronomic needs of the crop.
F.
Easements. On new site development plans that propose to provide for solar energy systems, the governing body of the municipality shall require, prior to the approval of the plan, a notation on the plan of any restrictions and/or easements have been placed on the lots in question concerning the placement of structures and vegetation, and access by third parties for purposes of maintenance as they related to the proposed solar energy system.
G.
Zoning permit. A zoning permit shall be required prior to commencement of construction of any solar energy system. All zoning permits issued for a solar energy system shall contain the following statement:
"The issuance of this permit by Tilden Township does not create any right to remain free of shadows and/or obstructions caused by development of adjacent or adjoining properties or growth of trees or vegetation on such properties. It is the sole responsibility of the solar energy system owner to obtain any solar easement necessary to guarantee unobstructed solar access by agreement with adjacent property owners. This limitation runs with the land and is binding on all successors and assigns."