Trappe City Zoning Code

Such developments shall meet the requirements for a development to be considered as "housing for older persons" and "intended and operated for occupancy by persons 55 years of age or older," as those terms are defined and limited in Section 805(d)(2)(c) of the Fair Housing Amendment Act of 1988, 42 U.S.C. § 3607(b)(2)(c), as amended, and regulations promulgated (or promulgated in the future) thereunder (the "Fair Housing Act").

The residential portion of such developments shall be organized as a common interest community association as either a homeowners' association under the Uniform Planned Communities Act, 68 Pa.C.S.A. § 5101 et seq., or condominium association under the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., whose members shall consist of all unit owners, which association shall maintain commonly owned areas, private streets, recreation areas, open space facilities, and other common facilities. All unit owners in such developments shall be required to pay necessary fees to the homeowners' or condominium association, with a proper enforcement mechanism as provided by state law. The declaration of the planned community or condominium for the residential portion shall provide and require that the residential portion of the land qualifies and remains qualified as a development providing housing for older persons as that term is defined under the Fair Housing Act.

A community center shall as a minimum include a multipurpose room and at least one of the following other recreational facilities: activity room, common dining area, kitchen area, craft room, fitness room, lounge or another similar recreational facility or area for members of the community and their invited guests.

The community center shall provide one parking space for each 125 square feet of the community center building.

Access to the community center shall be restricted to the development's residents and their invited guests. The community center shall not be open to the general public.

The nonresidential component shall not occupy more than 10% of the gross tract area.

The nonresidential uses can be located on separate lots and held under separate ownership from the residential portion. There is no requirement that the nonresidential component be a member of any homeowners' association or condominium association.

The sale and/or storage of farm products is permitted on any farm in the Agricultural District.

Raising and keeping of farm animals is permitted on any farm in the Agricultural District subject to the following:

One additional chicken is permitted for each additional 1/4 acre up to a maximum of 20 chickens.

The structure and/or containment area shall not be permitted in the front yard and shall meet the following minimum setbacks:

Such use shall only be permitted as an accessory use to a lawful single-family detached dwelling unit.

A narrative setting forth the particulars of the operation, including number of staff persons, anticipated maximum number of children to be served, dropoff/loading areas, and staff parking shall be submitted with the application.

The group child care home shall be licensed by the State Department of Public Welfare prior to occupancy.

The group child care home shall be indistinguishable from the exterior of other residential dwellings in the immediate neighborhood. However, improvements required by permitting or licensing agencies shall not be deemed incompatible merely because surrounding buildings lack such facilities.

There shall be a maximum of two employees who are not permanent residents of the dwelling unit, except that there may also be a nonresident substitute, on an occasional basis, for the operator-caregiver.

The operator-caregiver shall be a permanent resident of the dwelling unit.

One sign which must be nonilluminated identifying the group child care home use, not to exceed 1.5 square feet, may be placed on the property.

In addition to any applicable fence and buffer requirements elsewhere in this chapter, a fence or buffer strip may be required to prevent the use from being detrimental to surrounding property.

The family child care home shall be registered by the State Department of Public Welfare prior to occupancy.

Such use shall only be permitted as an accessory use to a lawful single-family detached dwelling, twin dwelling or townhome/row home.

The family child care home shall be indistinguishable from the exterior of other residential dwellings in the immediate neighborhood. However, improvements required by permitting or licensing agencies shall not be deemed incompatible merely because surrounding buildings lack such facilities.

The operator-caregiver shall be a permanent resident of the dwelling unit.

A family child care home shall not employ persons who are not permanent residents of the home, except as occasional substitutes.

Only one sign which must be nonilluminated may identify the family child care home, which shall not exceed 1.5 square feet.

A narrative setting forth the particulars of the operation, including number of staff persons, licensed capacity, and hours of operation; and a site plan indicating at a minimum the location and dimensions of the child care center structure, outdoor-play area, dropoff/loading area, parking, and waste storage area shall be submitted with the application.

The child care center shall be licensed by the State Department of Public Welfare prior to occupancy.

In addition to any applicable fence and buffer requirements elsewhere in this chapter, a fence or buffer strip may be required to prevent the use from being detrimental to surrounding property.

A child care center may not be physically attached to any structure containing one or more dwelling units.

A child care center shall be permitted as an accessory use to a place of worship.

To permit creative, functional and well-designed residential development as an alternative to conventional lot layouts, all within specific conditions, including but not limited to providing public water and sewer service.

To outline conditions an applicant shall meet as a specific burden of proof to obtaining conditional use approval.

To encourage affordable housing by reduction in the costs of development by permitting layouts using less street length and less length of curb, sidewalk and utility lines and less grading.

To preserve environmentally sensitive areas and hard-to-develop areas in open space.

To allow usable recreation land to be provided in a tract without reducing the amount of homes.

Minimum development tract area: two acres.

Minimum lot area: 15,000 square feet.

Minimum lot width: 1/2 the width of the zoning district in which the tract is located.

Minimum tract area as common open space: 20%.

Permitted uses: single-family detached houses and their customary and incidental accessory uses.

Lots required to have a larger lot area because of the steep slope provisions of this chapter shall not be reduced in area under this section.

The cluster option would result in the permanent preservation in common open space of land along a creek, river or lake or land that is densely wooded or that is steeply sloped, or that would be highly suitable for additions to existing public parkland.

The cluster option would allow the permanent preservation in common open space of land clearly suitable for active recreation.

The cluster option would result in landscaped open space providing a substantial buffer to reduce conflicts between dwellings and existing or potential nuisance-generating uses.

The cluster option would result in the permanent preservation of a tract of agricultural land that is economical in configuration and characteristics.

The minimum percentage of a tract in open space required by this article shall be met by permanently dedicating land as open space, within one of the following procedures:

Decision. Council, after considering the advice of the Planning Commission, shall decide which of the procedures for ownership and management of the open space in this section shall be used in each individual case, if a cluster development is to be approved.

Size. Required common open spaces shall have a minimum lot area that is contiguous of greater than 25,000 square feet and have a minimum width of 50 feet, which may include adjacent existing public parkland.

Nearby schools. If the proposed tract would be within 1,000 feet of an existing public school property, the school district should be given an opportunity to comment on the proposed open space.

Open space improvements. The application shall include a detailed and legally binding, if approved, description of the improvements the applicant proposes to complete to the common open spaces to make them suitable for passive and/or active recreation. No application shall be approved if the common open space would not be clearly suitable for active and/or passive recreation.

Unacceptable lands. The following land areas shall not be used to meet the minimum required amount of open space under this section:

The canopy over gasoline pumps shall have a maximum height from the ground to the top of the canopy of 20 feet, except for portions of the canopy that are sloped to direct light away from streets and dwellings.

Lights attached to the bottom of the canopy shall be recessed, angled, or screened so that the luminaire itself is not visible from beyond the lot lines.

Only an PA DCNR-licensed well driller or a geothermal system installer accredited by the International Ground Source Heat Pump Association (IGSHPA) shall conduct the drilling of a geothermal well. The well drilling rig must also be approved by PA DCNR.

The geothermal system must be installed, maintained, and decommissioned in accordance with IGSHPA Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards, latest version.

The pipe loop is to be installed by a geothermal well installation contractor who is certified in the proper method of heat fusion specified by the pipe manufacturer. The geothermal well installation contractor shall be responsible for ensuring that the pipe loop is installed in accordance with the specifications of the ground source heat pump system manufacturer and the pipe manufacturer, and that the borehole is properly backfilled. Backfilling shall be according to the specifications of the ground source heat pump equipment manufacturer. When sand is the specified backfill material, the borehole shall be constructed in the same manner as a water supply well. A casing is required to be used and the annular space is required to be grouted.

Property lines and right-of-way lines: 10 feet.

Delineated wetlands, floodplains, surface waters: 10 feet.

Storm drains and stormwater management facilities: 10 feet.

Building foundations: 10 feet.

Gravity sanitary sewer lines: 10 feet.

Domestic water lines or sanitary force mains: 15 feet.

Subsurface sewage disposal or storage systems: 25 feet.

Hazardous materials storage: 300 feet.

Superfund plumes: 300 feet.

All ground source heat pump systems shall be properly maintained in accordance with the manufacturer's specifications, the installer's specifications, and any applicable DEP or federal regulations.

A person who owns a lot upon which a ground source heat pump system is installed, and any person who occupies a structure which is served by a ground source heat pump system, shall be responsible for maintaining the ground source heat pump system.

If a ground source heat pump system malfunctions, the person responsible for the maintenance of the ground source heat pump system shall take all action necessary to repair, modify, or alter the ground source heat pump system to eliminate the malfunction.

Any ground source heat pump system leaks or releases shall be reported by the applicant (and subsequent owners) to the Borough within 24 hours of the discovery of same, and the applicant (and subsequent owners of the property) covenants and agrees to take all appropriate action to minimize any fluid release to the ground and to promptly repair any system leak.

In the event of the proposed discontinuance of the use of the ground source heat pump system, a system closure plan will be prepared and submitted to the Borough for its approval.

A geothermal system shall be abandoned in a manner acceptable to the Borough and shall comply with the laws, rules, and regulations applicable to the abandonment of water wells.

Any and all heat transfer fluid must be removed by displacement with grout in a manner acceptable to the Borough.

The top of the borehole must be uncovered and capped with grout in a manner acceptable to the Borough.

It shall be unlawful to install a new geothermal well or modify an existing geothermal well without a valid permit.

Prior to constructing a new geothermal well or modifying an existing geothermal well, the property owner shall file all appropriate applications with the Borough, county, or other regulating agency and pay all applicable fees.

The application to construct or alter a geothermal well must be filed on behalf of the current owner or equitable owner.

Any relocation of the proposed geothermal well site from the permitted location must be submitted in writing and approved by the Borough.

If geothermal well construction is not completed within three years of the permit issuance date, the approval to construct shall expire.

All geothermal well applications must be completed and include the following information:

If a more restrictive requirement is established by the Property Maintenance Code[1] or another Borough code;

The number of bona fide paid professional staff shall not count towards such maximum; and

The persons living on-site shall function as a common household unit.

Academic clinical research centers are permitted where listed on the Use Table[2] subject to the requirements of this chapter.

Medical marijuana grower/processors are permitted where listed on the Use Table subject to the requirements of this chapter.

Medical marijuana transport vehicle offices are permitted where listed on the Use Table subject to the requirements of this chapter.

Medical marijuana dispensaries are permitted where listed on the Use Table subject to the requirements of this chapter.

Academic clinical research centers.

Medical marijuana grower/processor.

Medical marijuana transport vehicle service.

Medical marijuana dispensary.

A zoning permit shall be required prior to obtaining a building permit. For the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.

Permits may be denied if the applicant, in the reasonable opinion of the Borough, is failing to comply with any state or local law or regulation.

In the case of new construction, meeting the PA MPC definition land development plan application is required to be submitted and an approval secured, prior to establishment of the use.

If the application is to change the use of a building or needs to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.

A medical marijuana grower/processor must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.

A mobile home, trailer, storage trailer, commercial vehicle greater than 20 feet in length, or any other similar storage or residential device, structure, or vehicle (for the purpose of this section, "oversized vehicle"), shall not be parked, maintained or located on a premises, except as otherwise set forth herein, or except when the appropriate use permits, including a zoning permit, has been obtained in accordance with the Borough ordinances and regulations.

An oversized vehicle may be maintained on a premises pursuant to prior approval by Borough Council under a subdivision and/or development agreement during the period of construction, only so long as appropriate securities have been escrowed for the removal of such oversized vehicle.

An oversized vehicle may be parked on a property, provided that the following conditions are met:

Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures and are permitted to face any rear, side, or front yard.

Ground-mounted systems shall be completely enclosed by fencing at least four feet in height.

Plan applications for solar energy systems shall include scaled horizontal and vertical (elevation) drawings showing the location of the system on the building or on the property for a ground-mounted system, including the property lines.

Roof-mounted systems other than a flat roof, the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

Applications shall include manufacturer's specifications and the name of the DEP-approved installer.

Wind turbines may be placed in the side or rear yards only.

Wind turbines shall be set back from the nearest occupied building a distance not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

A narrative describing the proposed wind energy system, including an overview of the project; the project location; the approximate generating capacity of the wind energy system; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacities, dimensions and respective manufacturers, and a description of ancillary facilities.

An affidavit or similar evidence of agreement between the property owner and the system owner or operator demonstrating that the system owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy system.

Identification of the properties on which the proposed wind energy system will be located, and the properties adjacent to where the wind energy system will be located.

A decommissioning plan meeting the requirements described further in this section.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

Wind turbines shall be set back from the nearest occupied building a distance not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

Wind turbines shall be set back from the nearest occupied building located on a nonparticipating landowner's property a distance of not less than five times the hub height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

Wind turbines shall be set back from the nearest property line a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

Wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

Audible sound from a wind energy system shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the system shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems, Volume 1: First Tier."

The system owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.

The applicant shall prepare provide a decommissioning plan at the time of the initial application, to include the following:

The system owner and operator shall, at its expense, complete decommissioning of the wind energy system, or individual wind turbines, within 12 months after the end of the useful life of the system or individual wind turbines. The wind energy system or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months.

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities.

Disturbed earth shall be graded and reseeded unless the landowner requests, in writing, that the access roads or other land surface areas not to be restored.

An independent and certified professional engineer 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 estimates shall be submitted to the Borough after the first year of operation and every fifth year thereafter.

The system owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs; provided, that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth-chartered lending institution chosen by the system owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Borough.

Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Borough.

If the system owner or operator fails to complete decommissioning within the twelve-month period described above, then the landowner shall have six months to complete decommissioning.

If neither the system owner or operator nor the landowner completes decommissioning within the twelve-month period and six-month period described above, then the Borough may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Borough shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Borough may take such action as necessary to implement the decommissioning plan.

The escrow agent shall release the decommissioning funds when the system owner or operator has demonstrated and the Borough concurs that decommissioning has been satisfactorily completed, or upon written approval of the Borough to implement the decommissioning plan.