Tullytown City Zoning Code
ARTICLE IV
Use Regulations
§ 185-13 Applicability of regulations.
§ 185-14 Uses by right, conditional uses, special exceptions, and uses not permitted.
B.
A use listed in § 185-19 is permitted as a conditional use in any district under which it is denoted by the letter "C," provided Borough Council, subsequent to recommendations of the Planning Commission, and pursuant to express standards and criteria set forth in § 185-19 and other applicable sections of this chapter, authorizes the issuance of a zoning permit in accordance with Article XI.
C.
A use listed in § 185-19 may be permitted as a special exception in any district denoted by the letter "S," provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of §§ 185-19 and 185-102D and such further restrictions as said Board may establish.[1]
§ 185-15 Uses subject to other regulations.
Uses permitted by right, or as conditional uses or special exceptions, shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, provisions for off-street parking and loading, and to such other provisions as are specified in other articles hereof. In particular, the laws of the commonwealth and the regulations of the Bucks County Department of Health regarding water supply and waste disposal shall be adhered to. Also, Chapter 153, Subdivision and Land Development, (as amended) of the Code of the Borough of Tullytown shall apply where applicable.
§ 185-16 Preexisting conditional uses and special exceptions.
Any use existing on the effective date of this chapter classified as requiring a conditional use in the district in which the land occupied by the use is located, and which was lawful at the time the use was established, shall be deemed to have been granted a conditional use subject to maintaining the character and extent of operations and structures existing on that date. Any application for change in use or structure shall be subject to the procedures specified in Article X and Article XI.
§ 185-18 Flood Hazard Area land use requirements.
In addition to the land use regulations established by § 185-19 and Table 185-19,[1] the requirements of Article IX, Flood Hazard Area Requirements, shall apply.
[1]
Editor's Note: Table 185-19, Use Regulations, is included at the end of this chapter.
§ 185-19 Use regulations.
[Amended 9-6-2005 by Ord. No. 295; 4-4-2006 by Ord. No. 303; 8-7-2007 by Ord. No. 310; 5-11-2021 by Ord. No. 401; 5-14-2024 by Ord. No. 410]
A.
Residential land uses.
(1)
Single-family detached dwelling. A dwelling having only one dwelling unit from ground to roof, independent outside access, and open space on all sides. Detached dwellings may include dwellings constructed on the lot, prefabricated dwellings, manufactured dwellings, modular dwellings, and mobile homes. Parking requirement: two off-street spaces per dwelling unit.
(2)
Single-family semidetached dwelling. A dwelling having only one dwelling unit from ground to roof, independent outside access, and not more than one wall in common with an adjoining dwelling. Parking requirement: two off-street spaces per dwelling unit.
(3)
Single-family attached dwelling. A dwelling having only one dwelling unit from ground to roof, independent outside access, and not more than two walls in common with adjoining dwellings. Parking requirement: two off-street spaces per dwelling unit.
(4)
Two-family duplex dwelling. A dwelling having not more than two dwelling units from ground to roof, independent outside access, and open space on all sides. Parking requirement: two off-street spaces per dwelling unit.
(5)
Performance subdivision. A subdivision that permits a variety of housing types and requires the provision of open space. The following housing types are permitted, subject to the dimensional requirements as indicated below.
(b)
Single-family semidetached dwelling [see Subsection A(2)].
(c)
Single-family attached dwelling [see Subsection A(3)].
[1]
Lot requirements.
Minimum Lot Area/du (square feet) | Average Lot Area/du (square feet) | Minimum Lot Width At Building Setback (feet) | ||
|---|---|---|---|---|
1 BR | 1,500 | 1,600 | 18 | |
2 BR | 1,700 | 1,800 | 20 | |
3 BR | 1,900 | 2,000 | 22 | |
4 BR | 2,000 | 2,200 | 24 | |
5 BR | 2,200 | 2,400 | 26 |
[3]
Maximum average number of units/structure: eight.
[5]
Parking requirement: two off-street spaces per dwelling unit.
(d)
Two-family duplex dwelling [see Subsection A(4)].
(e)
Multifamily dwelling. A dwelling having three or more dwelling units which are completely separated by party walls, but share outside access.
(6)
Conversion to apartments. Residential conversion is the transformation of a building into apartments without disturbing the external architectural character of the building. Conversion of an existing building to a greater number of dwelling units is subject to the following provisions:
(a)
The site area shall be no less than 6,000 square feet.
(b)
The minimum lot width shall be 50 feet at the right-of-way line.
(c)
The lot area per dwelling unit shall be no less than 2,000 square feet: and any shared common yard area must be the sum of the required lot areas of all dwellings within the building.
(d)
The building area per dwelling unit shall be no less than 500 square feet.
(e)
The building height shall be no more than 35 feet or three stories.
(f)
Existing buildings shall be converted to be no more than three dwelling units.
(g)
The conversion of existing residences shall not result in the change of appearance from single-family residential.
(h)
The front, side, and rear yard standards of a single-family detached dwelling in the BC District shall apply.
(i)
Separate cooking and sanitary facilities shall be provided in each dwelling unit.
(j)
Basement apartments are permitted; cellar apartments are not permitted.
(k)
No more than 1/2 of the front yard area may be taken up by parking spaces.
(l)
Two off-street parking spaces per dwelling unit shall be provided.
(m)
Parking of cars will be permitted only in designated areas.
(n)
Building coverage shall be no more than 30% of the lot area; impervious surfaces shall not occupy more than 50% of the lot area.
(o)
Refuse containers shall be screened from adjoining residences.
(p)
Every habitable room except bathrooms must be provided with at least one window. Every dwelling unit must be provided with at least two windows.
(q)
Every dwelling unit shall be provided with at least one smoke detector.
(r)
Every dwelling unit shall be provided with direct ingress and egress to the outside or to a common hallway without going through another dwelling unit.
(7)
Rooming house. A dwelling used for the housing of two or more roomers, boarders or lodgers provided that the minimum lot area per sleeping room is 1,000 square feet notwithstanding other provisions of this chapter. Parking: One space per sleeping room, plus one space for the resident/owner.
(8)
Dwelling in combination. A dwelling in combination with an existing or permitted office or commercial use, provided that the lot area and parking requirements for both uses are met.
(9)
Mobile home park. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling or sleeping purposes and for nontransient use, subject to the following provisions:
(a)
Each mobile home shall be placed on a concrete slab of at least eight inches thick which shall have installed in it at least six tie-down rings to which the mobile home shall be secured.
(b)
The area between the mobile home slab and the perimeter of the mobile home shall be enclosed by means of wood or aluminum skirting or other similar material.
(c)
Every mobile home slab shall have access to a public street in accordance with appropriate subdivision regulations for private access drives.
(d)
The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be nine.
(e)
No space shall be rented for residential use of a mobile home in any such park except for periods of 30 days or more.
(f)
Public sewerage shall be required.
(g)
Each mobile home shall be subject to the dimensional requirements indicated in the following table:
Minimum Yards (feet) | ||||||
|---|---|---|---|---|---|---|
Minimum Lot* Area (square feet) | Minimum Lot Width (feet) | Front | Side | Rear | ||
Single-wide units 51 feet long | 4,800 | 45 | 20 | 5 | 15 | |
Single-wide units 61 feet long | 5,250 | 45 | 20 | 5 | 15 | |
Double-wide units: | 7,000 | 60 | 30 | 5 | 15 | |
Accessory building | 30 | 15 | 15 | |||
* In the context of mobile home parks, "lot" refers to each rental space as opposed to the park site as a whole. Parking: Two off-street spaces per dwelling unit. |
(h)
The minimum distance between units shall be 30 feet.
(i)
See Table 185-54[1] regarding buffer requirements.
[1]
Editor's Note: Table 185-54, Determination of Buffer Yard Class, is included at the end of this chapter.
(10)
Elderly housing. A residential land use intended for persons of retirement age, which meets all the other applicable general provisions of this article, in addition to the following specific conditions:
(a)
The development must be sanctioned by and meet all of the criteria of the United States Department of Housing and Urban Development.
(b)
The gross area of the site shall be no less than three acres.
(c)
The gross residential density shall not exceed 35 dwelling units per acre.
(d)
The lot width shall be not less than 200 feet.
(e)
The front yard setback shall be not less than 50 feet.
(f)
The side and rear yard setback shall be not less than 35 feet.
(g)
The building height shall be no greater than 50 feet. The number of stories shall be five or fewer.
(h)
The building spacing shall be 50 feet or more.
(i)
The impervious area shall be 50% or less of the gross site area. An additional 5% impervious area will be allowed for recreational use.
(j)
Building coverage shall be not more than 20% of the gross site area.
(k)
Open space shall be not less than 10% of the gross site area, and shall be designed for appropriate recreational activities.
(l)
The site shall be located within 500 feet of a shopping facility which has two or more of the following retail land uses: post office, drug store, grocery store, dry cleaner, beauty parlor, barbershop, or bank.
(m)
Minimum standards for on-site parking shall be 0.7 spaces per unit.
B.
Institutional, recreational, and educational land uses.
(1)
Religious use.
(a)
Including churches, synagogues, religious foundations or societies.
[1]
Parking: One space per four seats in the principal place of worship, provided that the number of spaces thus required may be reduced by not more than 50% if the place of worship is located within 500 feet of any public parking lot or any commercial parking without charge during the time of services to make up the additional spaces required.
[2]
In neighborhood places of worship where 25% or more of the parishioners walk to such place of religious worship, the parking space requirement may be reduced proportionately.
(2)
School. To include religious and nonsectarian, denominational, private or public school, not conducted as a private, gainful business and subject to the following provisions:
(a)
No outdoor recreation area shall be located nearer to any lot line than the required front yard depth.
(b)
Outdoor play areas shall be sufficiently screened and sound insulated with a planted buffer so as to protect the neighborhood from inappropriate noise and other disturbance.
(c)
Parking requirements as follows:
[1]
Kindergarten and day nursery: One space for each faculty member and employee plus two additional spaces per classroom.
[2]
Elementary school: One space for each faculty member and employee plus one space per two classrooms and offices.
[3]
Junior high school: One space per faculty member and employee plus one space per two classrooms and offices.
[4]
Senior high school: One space per faculty member and employee plus one space per 10 students of projected building capacity.
[5]
College and junior college: One space per faculty member and employee plus one space for each 10 classroom seats, or one off-street parking space for each 10 auditorium seats, whichever requires the greater number of off-street parking spaces.
(4)
Cultural facility.
(a)
To include art galleries, libraries or museums, or other similar facilities open to the public or connected with a permitted educational, philanthropic, or religious use, and not conducted as a private, gainful business.
(b)
Parking: One space per five seats plus one space per two employees on the premises. Where fixed seats are not provided, one space for every 100 square feet of floor area intended to be used by patrons, guests, members, clients or customers plus one space per two employees on the premises at any one time.
(5)
Community center.
(a)
To include auditorium, adult education center, or other similar facility operated by an educational, philanthropic or religious institution, not conducted as a private, gainful business and subject to the provisions under use "School" in Subsection B(2).
(b)
Parking: One space per five seats plus one space per two employees on the premises. Where fixed seats are not provided, one space for every 100 square feet of floor area intended to be used by patrons, guests, members, clients or customers plus one space per two employees on the premises at any one time.
(6)
Day nursery.
(a)
To include a nursery school, kindergarten, or other agency giving day care to more than three children who are not related to the operator of the agency, subject to the provisions under use "school" in Subsection B(2) and all requirements of the Pennsylvania Department of Public Welfare.
(b)
Parking: One space for each faculty member and employee plus two additional spaces per classroom.
(c)
In addition to parking requirements, sufficient area shall be set aside for dropping off and picking up children in a safe manner that will not cause the children to cross the parking area or lines of traffic.
(7)
Recreational facility (governmental). Owned or operated by the Borough or other governmental agency, subject to the provisions under use "school" in Subsection B(2).
(8)
Recreational facility (nongovernmental).
(a)
Owned or operated by a nongovernmental agency, not conducted as a private, gainful business, subject to the provisions under use "school" in Subsection B(2).
(b)
Parking: One space per five seats plus one space per two employees on the premises. Where fixed slots are not provided, one space for every 100 square feet of floor area intended to be used by patrons, guests, members, clients, or customers plus one space per two employees on the premises at any one time.
(10)
Convalescent home.
(a)
To include a nursing home, or other establishment licensed by the Commonwealth of Pennsylvania, which is set up to provide long-term care to individuals who, by reason of advanced age, chronic illness, or disabilities are unable to care for themselves. A nursing home is a licensed establishment that provides full-time convalescent or chronic care or both for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetric services shall be provided in such a home; a hospital shall not be construed to be included in this definition. Each such facility must provide an outdoor sitting area which must be landscaped. The sitting area must be properly situated in terms of the microclimate (no extreme southerly exposure) and shall not be located on land subject to flooding or on slopes over a 5% grade.
(b)
Parking: 1/2 space for each patient or inmate bed; plus at least one additional off-street parking space for each staff and visiting doctor; plus one additional parking space for each employee (including nurses) on the two major shifts.
(11)
Medical center.
(a)
To include hospitals, health clinics, medical research laboratories, outpatient departments, training facilities, medical offices, central service facilities, and staff offices operated as an integral part of the center, and commercial uses supplementary to it, subject to the following provision:
(b)
The parking requirements for all uses shall be met, to the extent to which each type is represented at the center.
(c)
Parking: One space per bed intended for patients, plus one space per each medical staff member, plus one space for each employee on the largest working shift.
(12)
Seniors' social center.
(a)
A community center for the elderly offering social and recreational activities. The center may include facilities for lectures, arts and crafts, and special events. This use may be permitted as accessory to a permitted nonresidential use. Sufficient facilities for passenger loading and unloading shall be provided.
(b)
Parking: One off-street space for each staff member or volunteer, plus one space per four elderly in attendance.
C.
Business and office uses.
(1)
Professional service. To include offices of physicians, lawyers, clergymen, teachers, dentists, architects, engineers, insurance agents, opticians, and other medical professionals and related offices which do not involve the actual storage, exchange, or delivery of merchandise on the premises, provided that in the BC District:
(2)
Business service (nongovernmental).
(4)
Animal kennel. To include veterinary offices and facilities for the treatment, breeding, grooming, sale, or boarding of small domestic animals, subject to the following provision. Kennel areas shall be contained inside a building properly insulated for sound or shall be at least 500 feet from the nearest residence.
(5)
Parking, business and office uses [Subsections C(1) through C(4)]: One space for every 300 square feet of gross floor area devoted to office use, except within the zoning district designated as Borough Center (BC) where off-street parking shall be provided as follows: no off-street parking spaces shall be required for the first 400 square feet of gross floor area devoted to office use. For each additional 600 square feet, or portion thereof, of gross floor area devoted to office use, one off-street parking space shall be provided and maintained. Such requirements within the zoning district designated as Borough Center (BC) may be decreased or waived when authorized as a special exception in accordance with § 185-102D if the Zoning Hearing Board finds that such requirements are impracticable, or would require destruction of important architectural or landscape elements and the unreasonableness of such regulations is clearly demonstrated.
D.
Commercial uses.
(1)
Retail shop.
(a)
Stores with a gross floor area of 10,000 square feet or less for the retail sale of antiques, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts, garden supplies, hardware, household appliances, jewelry, notions, periodicals, stationery, tobacco, paint, wearing apparel, and other similar goods, but not including stores requiring extensive outdoor display or which allow food or beverages to be consumed on or immediately about the premises, provided that in the BC District, the provisions under use "professional service" in Subsection C(l) shall be met. The provisions of this section shall include the craftsman and artisan, operating within the definition of a small business (gross floor area of 10,000 square feet or less), if the nature and scale of the business is similar to the uses listed under retail shops.
(c)
Sale or storage of fireworks: No fireworks sales or storage use shall be located within 300 feet of any residential use or residential district or within 1,000 feet from gas stations and fuel storage facilities.
(2)
Bulk commercial.
(5)
(7)
Restaurant (fast service). Eating place for the sale and consumption of food and beverages without table or sit-down counter facilities provided, with takeout service, provided that in the BC District the provisions under use "professional service" in Subsection C(1) shall be met.
(8)
Parking, commercial uses, Subsections D(1) and D(3) through (7): One space for every 300 square feet of gross floor area devoted to patron use, or one space for each five seats, whichever is greater, except within the zoning district designated as Borough Center (BC) where off-street parking shall be provided as follows: No off-street parking spaces shall be required for the first 400 square feet of gross floor area devoted to patron use. For each additional 800 square feet, or portion thereof, of gross floor area devoted to patron use, one off-street parking space shall be provided and maintained. Such requirements within the zoning district designated as Borough Center (BC) may be decreased or waived when authorized as a special exception in accordance with § 185-102D if the Zoning Hearing Board finds that such requirements are impracticable or would require destruction of important architectural or landscape elements and the unreasonableness of such regulations is clearly demonstrated.
(9)
Mortuary or funeral home. Parking: One space for each 50 square feet of floor area in parlor or service rooms or one space for each five seats or five persons of total capacity in assembly rooms plus one space for each employee.
(10)
Public entertainment facility (indoor).
(a)
Indoor facility operated as a gainful business, open to the public for the purpose of entertainment or recreation, including but not limited to bowling alleys, motion picture theaters, health clubs, and similar facilities, provided that adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties shall be taken.
(b)
Parking: One space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used in the operation of the establishment, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.
(11)
Public entertainment facility (outdoor).
(a)
Outdoor facility operated as a gainful business, open to the public for the purpose of entertainment or recreation, including but not limited to golf courses, golf driving ranges, miniature golf, go-cart tracks, drive-in movies, and similar facilities, provided that adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties shall be taken.
(b)
Parking: One parking space for each five persons of total designed capacity.
(12)
Motel, hotel, or tourist home.
(a)
A building or group of buildings for the accommodation of transient guests, containing guest rooms for rent. Motels, hotels, and inns may contain the following accessory facilities: eating place, tavern, conference and meeting rooms, and banquet rooms.
(b)
Parking: One off-street parking space for each rental room or suite, plus one off-street parking space for each employee on the largest shift. In addition, parking space for each employee on the largest shift. In addition, parking shall be provided for the accessory facilities noted above based on one off-street parking space for every four persons of total capacity.
(13)
Shopping center complex. A shopping area designed as a group of related structures with planned circulation patterns. A shopping center complex shall include improvements for internal drives, coordinated utilities, landscaping, buffering and signage as required by this chapter and Chapter 153, Subdivision and Land Development. Where a shopping center complex abuts the Delaware Canal pertinent regulations of Appendix A of this chapter[2] shall apply. A shopping center complex is subject to the following additional criteria:
(a)
Such centers must contain a minimum lot area of 10 acres.
(b)
Uses permitted within a shopping center complex:
Subsection | Use | |
|---|---|---|
B(2) | School (limited to kindergarten/day care and college and junior college only) | |
B(3) | School, trade, or commercial | |
B(4) | Cultural facility | |
C(1) | Professional service | |
C(2) | Business service (nongovernmental) | |
C(3) | Business service (governmental) | |
D(1) | Retail shop | |
D(3) | Personal services | |
D(4) | Repair services | |
D(5) | Restaurant (sit-down) | |
D(6) | Restaurant (drive-through service) | |
D(7) | Restaurant (fast service) | |
F(1) | Bus or taxicab terminal | |
D(10) | Public entertainment (indoor) permitted by special exception | |
E(4) | Sale of auto parts permitted by conditional use |
(c)
Parking: Four off-street parking spaces shall be provided and maintained for each 1,000 square feet or portion thereof, of gross leasable area (GLA). Gross leasable area is the total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas, and upper floors, if any, expressed in square feet and measured from the center line of common partitions and from outside wall faces. In addition, uses in Subsections D(5), D(10), and D(11) shall provide parking in accordance with the requirements for those uses. The center should be provided with an area for an off-street loading dock.
(d)
Lighting facilities shall be provided and arranged in a manner, which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.
(e)
All structures in a shopping center complex shall be connected either as part of one large structure or by means of pedestrian ways or walkways on which pedestrians can move from one building to another without unsafe interference from vehicular traffic.
(f)
Trash storage and collection areas shall be appropriately screened by fencing and landscape plantings.
[2]
Editor's Note: Appendix A, Special Zoning Provisions for Areas Adjoining the Delaware Canal.
(14)
Adult business use. Those adult business uses specifically defined and regulated by Ordinance No. 309 adopted 8-7-2007[4] shall be permitted as a special exception in those Zoning Districts outlined in Table 185-19[5] so long as the following standards are met:
(a)
The building or structure of such use shall be located no closer than 1,500 feet from any residential use or district, public or private school, church or other religious, institutional or educational use.
(b)
No such use shall be located within 1,000 feet of each other use or massage parlor, pool halls, amusement centers or arcades.
(c)
No material sold shall be visible from any window or door.
(d)
No persons under the age of 18 shall be permitted within or sold any pornographic materials.
(e)
The specific application and approval requirements set forth in Ordinance No. 309 adopted 8-7-2007 have been met.
[5]
Editor's Note: Table 185-19 is included at the end of this chapter.
(15)
Medical marijuana dispensary and grower/processor.
(a) DISPENSARY GROWER/PROCESSOR
Definitions. As used in this section, the following terms shall have the meanings indicated:
A store or shop holding a valid permit or license issued by the Pennsylvania Department of Health to dispense medical marijuana and that sells medical marijuana to the end user and/or final consumer.
A wholesale facility holding a valid permit or license issued by the Pennsylvania Department of Health to grow and process medical marijuana and that sells medical marijuana to a dispensary, but does not sell medical marijuana to the end user and/or final consumer.
(b)
A medical marijuana dispensary and/or grower/processor shall comply with the applicable requirements of the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq., and the regulations promulgated thereunder, 28 Pa. Code Part IX.
(c)
A medical marijuana dispensary and/or medical marijuana grower/processor shall provide proof to Tullytown Borough of its valid permit or license issued by the Pennsylvania Department of Health at the time of the commencement of the use and annually thereafter. Should any permit or license lapse, be revoked, terminated, etc., any use permit issued by Tullytown Borough shall become immediately void.
(d)
A medical marijuana dispensary and medical marijuana grower/processor may not operate, be conducted, occupy, etc., the same property, lot, tract or site.
(e)
(f)
A medical marijuana dispensary or medical marijuana grower/processor use shall not be operated, be conducted, occupy, etc., on a lot that is within 1,000 feet, measured by a straight line in all directions without regard to intervening structures or objects, from the nearest point on the lot line of a lot containing a public, private or parochial school, day-care center, public park or community center.
(g)
A medical marijuana dispensary or medical marijuana grower/processor use must be operated entirely indoors, within an enclosed and secure facility. No exterior sales, displays, or storage is permitted.
(h)
The buffer requirements of this chapter shall be met.
(i)
Required off-street parking:
E.
Automotive service uses.
(1)
Parking area or garage. A lot of record upon which the parking or storing of automotive vehicles is the primary use, subject to the following provisions:
(a)
Such area shall be used for parking of cars of employees, customers or guests of existing establishments in the same district where subject parking area is proposed.
(b)
No sale, rental, service, nor repair operation shall be performed.
(c)
The parking or storage of trucks or trailers shall not be permitted.
(2)
Gasoline service station. Subject to the following provisions:
(a)
All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
(b)
All automobile parts, dismantled vehicles, and similar articles shall be stored within a building.
(c)
Full-body painting, spraying, or body and fender work shall be prohibited.
(d)
By conditional use, minor automobile accessories and food and beverage items may be sold subject to the limitations of this chapter.
(e)
Parking: One space for every 150 square feet of gross floor area, plus one space for each employee.
(3)
Repair garage. To include paint spraying, body and fender work, or a carwashing facility, provided that all repair and paint work shall be performed within an enclosed structure.
(a)
Vehicles awaiting repair shall not be stored outdoors for more than 30 days.
(b)
All work shall be performed within a fully enclosed building.
(c)
A car wash shall include a water recycling facility.
(d)
Parking: One space for every 150 square feet of gross floor area, plus one space for each employee.
F.
Transportation facilities.
(1)
Bus or taxicab terminal. The use shall be designed for passenger commuter service.
(a)
Overnight storage of buses or fleet of cabs shall not be permitted.
(b)
Vehicle stacking shall be provided for three taxicabs.
(c)
Adequate lighting shall be provided in conformance with the requirements of § 153-37 of Chapter 153, Subdivision and Land Development.
(d)
Parking: One off-street parking space for each employee.
(3)
Truck terminal. A use of land or structures for the storage of trucks and/or the transfer of freight from one truck to another.
(a)
Minimum lot area: three acres.
(b)
Short-term warehousing, less than 30 days, is permitted under this use.
(c)
Trucks with compressors running 24 hours a day shall be located within a quadrangle of buildings or walls.
(d)
Parking associated with a terminal or bus yard shall have a buffer planting strip 10 feet wide with an appropriate fence wherever it abuts (within 50 feet) a residential use or residential district, planted in accordance with the plant materials list of this chapter. (See Table § 185-54-2.)[6]
(e)
The truck terminal shall be licensed by the Public Utilities Commission.
(f)
Parking: One off-street parking space for each employee, or one space for every 500 square feet of gross floor area, whichever requires the greater number of spaces, plus one space for each company vehicle normally stored on the premises.
(4)
Railroad station/service. The use shall be designed for passenger commuter service.
(a)
Maintenance and rail yards for sole purpose of overnight storage of trains shall not be permitted.
(b)
Adequate lighting shall be provided in conformance with the requirements of § 153-37 of Chapter 153, Subdivision and Land Development.
(c)
A planted buffer must be provided in accordance with Table 185-54, Determination of Buffer Yard Class.[7]
[7]
Editor's Note: Table 185-19, Use Regulations, is included at the end of this chapter.
(d)
Parking: For a railway station, no less than the number of off-street spaces required for 30% of the projected ridership or, a greater number as determined by the municipal Planning Commission and Borough Council. In addition, one off-street parking space for each full-time employee on the largest shift, plus one space for each company vehicle parked on the site.
G.
Utilities.
(1)
Communication facility.
(a)
To include land-based telephone or telegraph exchange, and radio or television broadcasting studio, provided that in the BC and HC Districts such uses shall not include the storage of materials, trucks or repair facilities, or the housing of repair crews. In residential districts, automatic telephone exchange offices shall not include the transaction of business with the public, storage of materials, truck or repair facilities, or housing of repair crews. Use "communication facility" in this Subsection G(1) does not include the uses and structures described and regulated by use "cellular telecommunication facility" in Subsection G(2).
(b)
Parking: One off-street parking space for each employee employed at the site plus three additional spaces for visitor parking.
(2)
Cellular telecommunications facility. A cellular telecommunications facility consist of the equipment and structures involved in receiving telecommunication or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer that connects the mobile unit with the land-based telephone lines.
(a)
General. The following general provisions apply to all cellular telecommunications facilities. The general standards are in addition to the provisions for the particular applications specified in Subsections G(2)(b) and (c) below.
[1]
The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.
[2]
The following buffer plantings shall be located around the perimeter of the security fence: An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum, or a row of evergreen trees planted 10 feet on center maximum. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
[3]
An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.
[4]
The tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, as amended.
[5]
A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to the municipality to document and verify the design specifications of the foundation for the tower and anchors for the guy wires if used.
[6]
All plans and drawings for the tower and antenna shall contain a signature and seal of a professional structural engineer.
[7]
The tower and antenna shall be designed to withstand wind gusts of at least 100 miles per hour.
[8]
An antenna may not be located on a building or structure that is listed on a historic register or is in a historic district.
(b)
Nonresidential districts. A cellular telecommunications facility is permitted in the following zoning districts: Light Industrial and Highway Commercial, subject to the following conditions:
[1]
[2]
Combined with another use. A cellular telecommunications facility is permitted on a property with an existing use or on a vacant parcel subject to the following conditions:
[a]
The existing use on the property may be any permitted use in the district or any lawful nonconforming use and need not be affiliated with the cellular telecommunications provider.
[b]
The cellular telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.
[c]
The minimum lot area shall be the area needed to accommodate the tower (including guy wires if used), the equipment building, security fence, and buffer planting. If the title to the land on which the cellular telecommunications facility is located is conveyed to the owner of the facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the district.
[d]
The tower and telecommunications equipment building shall comply with the minimum setback requirements for the host lot.
[e]
The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
[3]
Combined with an existing structure. Where possible an antenna for a cellular telecommunications facility shall be attached to an existing structure or building subject to the following conditions:
[a]
Maximum height: 50 feet above the existing building or structure.
[b]
If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:
[i]
The building shall comply with the minimum setback requirements for the subject zoning district.
[ii]
An eight-foot-high security fence shall surround the building.
[iii]
A buffer yard shall be planted in accordance with Subsection G(2)(a)[2].
[iv]
Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
[c]
Elevations of existing and proposed structures showing width, depth, and height, engineering data about the antenna and support structure, such as antenna size and weight and load bearing capacity of support structure, shall be presented.
(c)
Residential districts. Located on a nonresidential property. A tower to support an antenna may be constructed on a property with a nonresidential use that is a permitted use in the district where the tower is proposed including but not limited to a church; municipal or government building, facility, or structure; agricultural use; and a utility use, subject to the following conditions:
(3)
Supply utility. To include water supply works and storage, electric substations, plus necessary rights-of-way and transmission lines, subject to the following provisions. Electric substations include assemblages of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the need of the general public.
(a)
In the R-1, R-2, and BC Districts, no public business office shall be operated in connection with such use.
(b)
In no district shall any storage building be operated in connection with such use unless such storage facility is essential to service customers in the district in which it is located.
(c)
All transmission lines shall be underground.
(d)
Parking: Two off-street parking spaces, plus one off-street parking space for each employee normally in attendance at the facility at any time.
(4)
Petroleum product and gas substation. Subject to the provisions under use "supply utility" in Subsection G(3).
(5)
Sanitary utility.
(a)
To include sewerage works, sewage pumping station, plus associated collection line and right-of-way, provided that such facilities are intended primarily to serve residents of Tullytown Borough. This use does not include refuse dump, incinerator, or sanitary landfill.
(b)
Parking: Two off-street parking spaces, plus one off-street parking space for each employee normally in attendance at the facility at any time.
(6)
Fire station.
(a)
To include ambulance, reserves and other emergency services.
(b)
Parking: Three off-street parking spaces for every four employees on the two major shifts at maximum employment, or four off-street parking spaces for each fire truck where no community room is a part of the building, whichever requires the greater number of parking spaces. Where a community room is provided, two off-street parking spaces for each fire truck plus one off-street parking space for each 50 square feet of gross floor area.
H.
Industrial uses.
(1)
Wholesale business and storage. Subject to the following provisions:
(a)
In the BC District, such uses shall be restricted to offices.
(b)
In the SC and LI Districts, the storage provisions of use "outside storage" in Subsection I(7) shall be met.
(c)
Parking: One off-street parking space for each employee on the largest shift plus one off-street parking space for each company vehicle normally stored on the premises plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must illustrate on the land development plan that there is sufficient area on-site to accommodate the parking requirement based on one space for every 500 square feet of gross floor area; this is to ensure that a sufficient amount of parking can be provided if the use or tenancy changes.
(2)
Warehouse.
(a)
Not to include outdoor storage [unless the provisions of use "outside storage" in Subsection I(7) are met] or miniwarehouses.
(b)
Parking: One off-street parking space for each employee on the largest shift plus one off-street parking space for each company vehicle normally stored on the premises plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must illustrate on the land development plan that there is sufficient area on-site to accommodate the parking requirement based on one space for every 500 square feet of gross floor area; this is to ensure that a sufficient amount of parking can be provided if the use or tenancy changes.
(3)
Miniwarehouse. A building or group of buildings in a controlled access compound that contains varying sizes of individual controlled access compartments to be used for the storage of excess personal property, subject to the following provisions.
(a)
Each miniwarehouse structure shall not exceed 6,000 square feet in size.
(b)
The width of interior driveways shall be at least 20 feet.
(c)
The minimum requirements for lease restrictions shall be as follows:
(d)
Parking: One space for each 25 storage compartments (or if the size and number of compartments are flexible, one space for each 10,000 square feet of gross floor area), to be located at project office for use by prospective clients. One space for manager, to be located at on-site office or manager's quarters. If living quarters for a caretaker are provided, two additional off-street parking spaces are required.
(4)
Manufacturing.
(a)
The production, processing, cleaning, printing, testing, and distribution of materials, goods, foodstuffs and other products such as electronic instruments and devices, radios and phonographs, medical and surgical instruments, optical products, pharmaceuticals, toiletries, jewelry, mechanical instruments, and other similar small parts and products. The provisions of this section shall not include the craftsman or artisan operating a small business (gross floor area of 10,000 square feet or less). See use "retail shop" in Subsection D(1).
(b)
Parking: One off-street parking space for each employee on the largest shift plus one off-street parking space for each company vehicle normally stored on the premises plus one off-street parking space for every 10 employees on the largest shift for visitor parking. Also, the applicant must illustrate on the land development plan that there is sufficient area on-site reserved to accommodate future parking requirements based on one space for every 500 square feet of gross floor area; this is to ensure that a sufficient amount of parking can be provided if the use or tenancy changes.
(5)
Laboratory.
(a)
To include research, testing, or experimentation.
(b)
Parking: One off-street parking space for each employee on the largest shift, or one space for every 250 square feet of gross floor area, whichever requires the greater number of parking spaces, plus one space for each company vehicle normally stored on the premises.
(6)
Contractor's office and storage.
(a)
To include building, cement, electrical heating, plumbing, masonry, painting and roofing contractors, provided that the storage provisions of use "outside storage" in Subsection I(7) are met.
(b)
Parking: One off-street parking space for each employee on the largest shift, or one space for each 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
I.
Accessory uses.
(1)
Home occupation. Activities for gain such as hobbies, handicrafts, and services customarily carried on in a dwelling, or in a building or structure accessory to a dwelling, which are clearly incidental and secondary to the use of the dwelling for residential purposes, subject to the following provisions:
(a)
The home occupation shall be carried on wholly indoors and within the principal building.
(b)
There shall be no maintenance of a stock in trade, no use of show windows nor display nor advertising visible outside the premises to attract customers or clients other than home occupation announcement signs as permitted and regulated in Article VII, and no exterior storage of materials.
(c)
No alterations, additions, or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.
(d)
No articles shall be sold or offered for sale except such as may be produced on the premises.
(e)
No repetitive servicing by truck for supplies and materials shall be required.
(f)
The home occupation shall be carried on only by those residing in the structure, plus not more than one additional employee.
(g)
No home occupation shall overburden existing community facilities such as roads, sewers, water supply, electrical systems, fire departments, police protection, or trash collection.
(h)
Home occupation includes, but is not limited to the following: art studio, professional office of a physician, dentist, lawyer, engineer, architect, writer, personal business office, or accountant within a dwelling occupied by the same. Teaching of not more than four pupils simultaneously, or in the case of musical instruction not more than a single pupil at a time.
(i)
A zoning permit shall be required for all accessory home occupations.
(j)
The following uses shall not be considered acceptable home occupations: animal hospital, stable, kennel, funeral parlor, retail store, restaurant, or truck terminal, or automobile, truck or motorcycle repair.
(k)
The area devoted to the permitted home occupation shall be located within either the operator's dwelling or a building accessory thereto and such area, together with any area devoted to any other home occupation permitted under this section shall be equivalent to not more than 25% of the net floor area contained in the operator's dwelling, excluding the floor area covered by an attached garage or such other similar building.
(l)
Parking: Two spaces in addition to spaces otherwise required. However, there shall be no more than four off-street spaces on a single lot for the residence and the accessory home occupation.
(2)
No-impact home-based business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client, or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The activity shall satisfy the following requirements:
(a)
The activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The activity shall not employ anyone 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 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, that is detectable in the neighborhood.
(f)
The 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 activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h)
No zoning permit is required as long as the above regulations are met.
(3)
Residential accessory. A residential accessory building or structure or use includes but is not limited to:
(a)
Parking spaces for the parking of passenger automobiles; but excluding parking of commercial vehicles other than vehicles not exceeding 1/2 ton loading capacity that are needed for travel to and from work by residents of the principal building, are completely enclosed within a building, and also excluding repairs, sale of gas, and other such commercial uses. Parking of commercial vehicles with a gross vehicle weight exceeding five tons on Borough streets, except in the normal course of business, such as for deliveries or while construction of renovation activities by a contractor or builder, etc., is prohibited.
(b)
Structures such as fences and walls.
(c)
Buildings, such as storage sheds, bath houses, gazebos, workshops, garages and private greenhouses, provided that the building meets the setback requirements of Article V, the maximum height is 12 feet, and the total floor area of the accessory building is 500 square feet or less.
(d)
Private swimming pool wherever constructed as a stationary or permanent structure or wherever temporarily erected for use, subject to the provisions regulating accessory structures under § 185-26B of this chapter and the following: The pool shall be enclosed so as to make the water inaccessible to children. Such enclosure, including gates therein, shall be at least four feet in height. All gates shall be self-latching, with latches placed four feet above the underlying ground, or otherwise made inaccessible to children from the outside. A natural barrier, hedge, pool cover, or other protective device may be used so long as the degree of protection is comparable.
(e)
Basketball goals (either permanent or temporary) shall not be allowed in Borough right-of-ways.
(f)
Parking as required for use plus any additional spaces as required by the Borough Council as part of conditional use approval.
(4)
Accessory dwelling. A separate dwelling unit subordinate in size to the principal single-family detached dwelling unit. Accessory dwellings are permitted as accessory uses only for use "single-family detached dwelling" in Subsection A(1). The accessory dwelling may be contained in the principal residence or in an accessory building.
(a)
Not more than one accessory dwelling shall be permitted per lot.
(b)
The lot must conform to the minimum lot area requirement for use "single-family detached dwelling" in Subsection A(1) in the applicable zoning district.
(c)
No new separate structures on the same lot with the principal residence shall be permitted to be constructed for this use unless the principal use "single-family detached dwelling" in Subsection A(1) is located on a lot which has a lot size which is 1.5 times the minimum lot size required for that use in the district within which the principal residence is located.
(d)
Not more than 30% of the total floor area of the principal residence shall be occupied by the accessory dwelling. If the accessory dwelling is located in an accessory building, the maximum floor area of the dwelling shall be 650 square feet.
(e)
The single-family detached dwelling or the accessory building in that the accessory dwelling is located shall meet the minimum yard requirements for use "single-family detached dwelling" in Subsection A(1) in the applicable zoning district.
(f)
There shall be no changes to the exterior of the residence which suggest that the dwelling unit is other than a single-family detached dwelling or which otherwise detract from the single-family character of the neighborhood.
(g)
The dwelling units may share the single front entrance or additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front wall or on a side wall facing a street.
(h)
Accessory dwellings shall not be located in cellar or basement areas (area having 1/2 or more of its floor-to-ceiling height below the average level of the adjoining ground) except where at least one wall of the accessory dwelling is at grade level with direct access to the outside from the accessory dwelling.
(i)
Separate cooking, sleeping, living and bathroom facilities shall be provided for each dwelling unit.
(j)
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
(k)
A permit shall be required from the appropriate governmental agency with jurisdiction that indicates that the property can be served by either public sewers or by an adequate septic system, prior to the issuance of a zoning permit.
(l)
Parking: The required off-street parking for the principal dwelling, plus one additional off-street parking space per bedroom in the accessory dwelling shall be provided.
(5)
Temporary structure or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following provisions:
(6)
Nonresidential accessory.
(a)
A building, structure, or use customarily incidental to the uses permitted in the BC, SC, HC, and LI Districts in connection with such uses, except outside storage, provided that any use accessory to a use permitted only by special exception shall be established only if and as provided in such exception. Parking of commercial vehicles with a gross vehicle weight exceeding five tons on Borough streets, except in the normal course of business, such as for deliveries or while construction of renovation activities by a contractor or builder, etc., is prohibited.
(7)
Outside storage. Other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use.
(a)
Such use shall be subject to the following provisions:
[1]
No part of the street right-of-way, no sidewalks nor other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage.
[2]
Outside storage areas shall occupy an area of less than 1/2 the existing building coverage.
[3]
Outside storage areas shall be shielded from view from the public streets.
(b)
Uses requiring more substantial amounts of land area for storage may be exempt from the provisions of Subsection I(7)(a)[2] and [3] above when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:
[1]
No more than 25% of the lot area shall be used in outdoor storage.
[2]
Particular uses appropriate for consideration under this provision include, but are not limited to, bulk commercial [Subsection D(2)], school bus yard [Subsection F(2)], and truck terminals [Subsection F(3)]. Among the uses that shall not be considered appropriate for inclusion under this provision are retail shops and stores [Subsection D(1)], repair shops for appliances [Subsection D(4)], gasoline service station [Subsection E(2)], sale of automotive accessories [Subsection E(4)], wholesale business [Subsection H(1)], warehousing [Subsection H(2)], manufacturing [Subsection H(4)], and contractor offices and storage [Subsection H(6)].
[3]
Parking: No parking requirement.
(8)
Outside display.
(a)
Outside display of goods, wares, or merchandise upon a fixture, table, machine or other device for the display and/or sale of merchandise, limited to the portion of the sidewalk adjacent to the inside line thereof, extending not more than 24 inches toward the curbline, where the sidewalk is sufficiently wide so that a free and unencumbered walkway at least six feet in width remains available for the use of pedestrians. No outside display or posted sale of merchandise such as automobiles, boat trailers, equipment or other items shall be allowed along the open space areas adjacent to Levittown Parkway.
(b)
Parking: No parking requirement.
(9)
Travel trailer storage. Subject to the following provisions:
(a)
In all districts, no more than one trailer shall be stored on a lot.
(b)
Such trailers shall be owned by the occupant of the lot upon which the trailer is stored.
(c)
Such trailers must be unoccupied.
J.
Solid waste facilities.
(1)
Sanitary landfill. A sanitary landfill is an engineered facility where municipal solid waste and those residual wastes specifically designated as acceptable to the Pennsylvania Department of Environmental Protection, is delivered for the purpose of disposal, in and on the land. Hazardous waste is specifically excluded from this definition. Sanitary landfills are strictly prohibited unless operated in accordance with the statutes and regulations of the commonwealth and the provisions of this chapter as follows:
(a)
Minimum lot size shall be 50 acres.
(b)
Minimum setbacks:
[1]
Streams: 100 feet.
[2]
Water supply: 300 feet.
[3]
Occupied dwelling: 2,000 feet.
[4]
Residential zoning district: 150 feet.
[5]
Other zoning district except one zoned industrial, within which the property is owned in single ownership with property which is subject to the sanitary landfill regulation: 100 feet.
(c)
Maximum height of the landfill shall be limited and determined by the maximum slope requirement set forth in Subsection J(1)(s) below.
(d)
Access to the site shall be limited to those posted times when an attendant is on duty. To protect against indiscriminate and unauthorized dumping, every landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
(e)
Unloading of solid waste shall be controlled and restricted to the working face. Solid waste shall be compacted and covered at the end of each day's operation.
(f)
Scavenging shall be prohibited.
(g)
In the event of equipment failure, the operator shall have sufficient backup equipment readily available.
(h)
The sanitary landfill shall be under the direction, at all times, of a responsible individual who has a minimum of five years of experience operating a permitted landfill.
(i)
Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. The entire area, including all access roads, shall be kept clean and orderly.
(j)
Groundwater and surface waters shall be monitored routinely and in accordance with Pennsylvania Department of Environmental Protection regulations.
(k)
The sanitary landfill shall be constructed in a manner which protects the environment and the public health, using at least a double membrane-type liner with a leachate collection system. The liner material shall be resistant to deterioration by solid waste and solid waste by-products. The sanitary landfill shall be designed in a manner which guards against failure by monitoring or duplication of facilities.
(l)
A leak detection system shall be installed and continuously monitored.
(m)
Gas venting, recovery, and monitoring shall be required.
(n)
The sanitary landfill operator shall provide copies to the Borough, as soon as received, of all permit applications, permits, and reports or correspondence regarding inspections, environmental monitoring, and regulatory actions.
(o)
The access roads shall be constructed in a manner which limits the tracking of mud onto nearby public streets.
(p)
The sanitary landfill shall be managed in a way that controls and eliminates rodents, flies, and mosquitoes.
(q)
The landfill shall be managed, operated and constructed in a way that shields the working face away from residences.
(r)
A one-hundred-foot buffer area shall be maintained, in accordance with the buffer requirements of § 185-54, between the toe of the landfill and all other surrounding land uses and/or roads. The buffer zone may be located either within the area zoned solid waste disposal or immediately adjacent thereto, in an area zoned either LI or SWS and which is owned in single ownership with the property subject to the sanitary landfill regulations.
(s)
Maximum final slopes shall not exceed a 3:1 or 33% slope. Horizontal terraces shall be provided in accordance with DEP regulations and approvals. The terrace width shall be measured as the horizontal distance between slope segments.
(2)
Incinerator. An incinerator is a facility designed to reduce municipal solid waste by combustion. Incinerators consist of refuse handling and storage facilities, furnaces, subsidence chambers, residue handling and removal facilities, chimneys and other air pollution control equipment, and may or may not include heat exchange equipment for energy recovery. An incinerator is subject to the following:
(a)
Minimum lot size shall be five acres.
(c)
Operation of an incinerator shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Pennsylvania Department of Environmental Protection and the provisions of this section. In the event that any of this section is less restrictive than any present or future rules or regulations of the Pennsylvania Department of Environmental Protection, the more restrictive Pennsylvania Department of Environmental Protection regulations shall supersede and control.
(d)
An incinerator shall be under the direction at all times of a responsible individual who has a minimum of five years of experience operating an incinerator.
(e)
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, every incinerator shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
(f)
Unloading of waste shall be continuously supervised by a facilities operator.
(g)
Hazardous waste shall not be disposed of in an incinerator.
(h)
Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. The entire area, including all access roads, shall be kept clean and orderly.
(i)
All unloading of municipal solid waste shall be done within the building housing the incinerator.
(j)
All storage of municipal solid waste shall be indoors in a manner that is leakproof and vectorproof. During normal operation no more municipal solid waste shall be stored on the property than is needed to keep the facility in constant operation but in no event for more than 48 hours.
(k)
A contingency plan for disposal of municipal solid waste during a plant shutdown must be submitted to the municipality.
(l)
Leachate and wash-down water from the municipal solid shall be disposed of in a manner in compliance with the Pennsylvania Department of Environmental Protection regulations. In no event shall the leachate or wash-down water be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with the Pennsylvania Department of Environmental Protection regulations.
(m)
Ash from the incinerator shall be stored in such a manner as to prevent it from being carried from the site by wind or water. The ash shall be disposed of in a sanitary landfill approved by the Pennsylvania Department of Environmental Protection.
(n)
Facilities that utilize pyrolysis to incinerate the waste shall use containers that meet state and local regulations for the storage of gasses and oils that result from the process.
(3)
Transfer station. A facility where municipal solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. A transfer station may include the separation and collection of material for the purpose of recycling. A transfer station shall be subject to the following:
(a)
Minimum lot size shall be three acres.
(c)
The entire transfer process, which includes unloading, compaction and loading onto the transfer trucks, shall occur inside a building.
(d)
Municipal solid waste shall not remain on the site for more than 48 hours.
(e)
At the end of each workday all municipal solid waste on the site shall be compacted in a transfer container.
(f)
Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building. These items shall not remain on the site for more than 15 days.
(g)
The operator shall have a contingency plan for when the transfer station is shut down for scheduled maintenance and for emergency shut downs.
(h)
Leachate and wash-down water from the solid waste and water used to wash vehicles or any part of the transfer facility shall be disposed of in a manner in compliance with the Pennsylvania Department of Environmental Protection regulations. In no event shall the leachate or wash-down water be disposed of in a storm sewer, to the ground, or any other manner inconsistent with the Pennsylvania Department of Environmental Protection regulations.
(i)
Operation of a transfer station shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Pennsylvania Department of Environmental Protection and the provisions of this section. In the event that any of the provisions of this section are less restrictive than any present or future rules or regulations of the Pennsylvania Department of Environmental Protection, the more restrictive Pennsylvania Department of Environmental Protection regulations shall supersede and control.
(j)
A transfer station shall be under the direction at all times of a responsible individual who has a minimum of five years of experience operating a transfer station.
(k)
Access to the site shall be limited to those posted times when an attendant is on duty. To protect against indiscriminate and unauthorized dumping, every transfer station shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
(l)
Unloading of municipal solid waste shall be continuously supervised by a facility operator.
(m)
Hazardous waste shall not be permitted in the transfer stations.
(n)
Litter control shall be exercised to confine blowing litter to the work area and a working plan for cleanup of litter shall be submitted to the municipality. To control blowing paper, a fence shall be erected having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. The entire area, including all access roads, shall be kept clean and in order.
(4)
Recycling facility. A recycling facility is a business that accumulates material such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product. A recycling facility shall be subject to the following:
(a)
Minimum lot size shall be three acres.
(b)
Minimum building setback: 100 feet.
(c)
Minimum parking setback: 100 feet.
(d)
Storage of recycled material shall:
(e)
No unseparated municipal solid waste or hazardous waste shall be processed or stored on the property as part of this use.
(f)
When this use is combined with another solid waste management use the separation of the material shall be done so that the recycling process will not interfere with the prompt disposal of the municipal solid waste.
(g)
Operation of a recycling facility shall at all times be in full compliance with the statutes of the Commonwealth of Pennsylvania and the rules and regulations of the Pennsylvania Department of Environmental Protection and the provisions of this section. In the event that any of the provisions of this section are less restrictive than any present or future rules or regulations of the Pennsylvania Department of Environmental Protection, the more restrictive Pennsylvania Department of Environmental Protection regulations shall supersede and control.
(h)
A recycling facility shall be under the direction at all times of a responsible individual who is qualified to operate a recycling facility.
(i)
Access to the site shall be limited to those posted times when an attendant is on duty. To protect against indiscriminate and unauthorized dumping, every recycling facility shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
(j)
Unloading of recyclable materials shall be continuously supervised by a facility operator.
(k)
Litter control shall be exercised to confine blowing litter to the work area and a working plan for clean up of litter shall be submitted to the municipality. To control blowing paper, there shall be erected a fence having a minimum height of six feet, with openings not more than three inches by three inches along all boundaries. The entire area, including all access roads, shall be kept clean and in order.
K.
Forestry.
(1)
Forestry/timber harvesting. The management of forests and timberlands when practiced in accordance with accepted forestry principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Clear-cutting or selective cutting of forest or woodlands for development, building, subdivision, or any other land use change is not forestry.
(a)
Purpose. In order to preserve forests and the environmental and economic benefits they provide, it is Borough policy to encourage the owners of forest land to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife and amenity values.
(b)
Applicability. A zoning permit shall be required for all forestry/timber harvesting activities; however, an individual property owner need not obtain a permit to cut a tree or trees as part of normal home maintenance and upkeep, and the following activities are specifically exempted:
[1]
Removal of diseased or dead tree.
[2]
Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.
[3]
Removal of up to five trees per acre of woodlands per year, not to exceed a total of 10 trees per lot, or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter, measured at breast height, and not covered by the exemptions in the foregoing two subsections.
(c)
Forestry plan required.
[1]
Notification of commencement or completion. For all forestry and timber harvesting operations that are expected to exceed one acre or less, the landowner shall notify the Borough at least 10 business days before the operation commences and within five 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.
[2]
Forestry plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. 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 Borough Enforcement Officer upon request.
[3]
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
(d)
Contents of the forestry/logging plan.
[1]
Design, construction, maintenance of the access system, including haul roads, skid roads, skid trails and landings.
[2]
Design, construction and maintenance of stream and wetland crossings.
[3]
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
[4]
Copies of all required permits shall be submitted.
[5]
Proof of current general liability and/or worker's compensation insurance.
[6]
Proof of PennDOT Highway Occupancy permit or Borough driveway permit for temporary access, as applicable.
[7]
Copy of Bucks County Conservation District "Letter of Adequacy" for the proposed erosion control facilities, including associated plans, reports and other permits as required.
[8]
Map showing 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 that property.
[9]
Significant topographic features related to potential environmental problems.
[10]
Location of all earth disturbance activities such as roads, landings and water control measures and structures.
[11]
Location of all crossings of streams or waters of the commonwealth.
(e)
Compliance with all laws. The forestry/logging plan shall address and comply with the requirements of all applicable federal, state and Borough laws and regulations including, but not limited to, the following:
[1]
Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);
[2]
Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.); and
[3]
Stormwater management plans and regulations issued pursuant to the Stormwater Management Act (32 P.S. § 680.1 et seq.)
[4]
Compliance with federal law/regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations including, but not limited to, the best management practices (BMPs).
(f)
Forest practices. The following requirements shall apply to all forestry/timber harvesting operations.
[1]
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
[2]
No forestry refuse shall be left on or within 25 feet of any public thoroughfare.
[3]
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
[4]
Any soil, stones and/or debris carried onto public roadways must be removed immediately.
[5]
No forestry/logging use shall be permitted within areas with slopes of 15% or greater.
[6]
When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours, and be seeded and mulched as necessary to establish stable groundcover.
[7]
A "no logging" buffer zone with a width of 25 feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a "no logging" buffer zone except as necessary for access to site from the street.
[8]
A "no logging" buffer zone with a width of 50 feet shall be maintained along all properties abutting a property on which the logging operation is to be conducted. The buffer shall be measured from the property line. No trees shall be cut, removed, skidded, or transported in a "no logging" buffer zone except as necessary for access to site from a street.
[9]
A "no logging" riparian buffer zone with a width of 50 feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging, or timber harvest operation is to be conducted. The buffer shall be measured from the high water mark of the watercourse or canal. No trees shall be cut, removed, skidded, or transported in a "no logging" riparian buffer zone.
(g)
Minimum lot area required for forestry/timber harvesting: five acres.
(h)
Financial security shall be established in a manner acceptable to the Borough to guarantee repay of all damage that may occur to public streets due to the forestry/logging operations, and to guarantee compliance with erosion and sedimentation control plans, compliance with stormwater management plans and restoration of the site upon completion of logging operations.
(i)
Enforcement.
[1]
Inspections. Any official or employee of the Borough may go upon the site of any timber harvesting operation before, during or after active logging to:
[2]
Violation notices; suspensions. Upon finding that a forestry or timber harvesting operation is in violation of any provisions of this chapter, the Borough shall issue 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 Borough may order the immediate suspension of any operation upon finding that corrective action has not been taken by the date specified in a notice of violation; the operation is proceeding without a logging plan; or the operation is causing an environmental risk. Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Borough, the operation is brought into compliance with this chapter, or other applicable statutes or regulations. The landowner or the operator may appeal an order or decision of an official or employee of the Borough in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[9]
[9]
Editor's Note: See 53 P.S. § 10101 et seq.