Washington Township
City Zoning Code
City Zoning Code
ARTICLE XV
Supplementary Regulations
§ 131-68 Applicability.
A.
Unless otherwise noted, the regulations contained in this article shall be applicable in all zoning districts.
B.
Where a lot lies in more than one district, the setback requirements of the district which occupies the greatest portion of the lot shall be applied to the entire lot.
§ 131-69 Additional regulations for all districts.
A.
Fences, walls and hedges.
(1)
No fence, wall or hedge shall be constructed within the right-of-way of any public street.
(2)
No fence, wall or hedge shall be constructed within the clear sight triangle required by Subsection A(3) below.
(3)
Fences, walls, hedges and landscaped buffer strips shall not obstruct the view of or the view from a public or private driveway. Compliance with any one of the following points shall be deemed sufficient for the requirement of this subsection.[1]
(a)
The portion of such fence, wall or hedge between the street right-of-way and a line upon the property 10 feet from and parallel to such right-of-way line shall not be higher than 36 inches above the surface of the driveway, except as may be permitted below.
(b)
Between the street right-of-way line and a line upon the property 10 feet from and parallel to such right-of-way line, a fence may be permitted at the discretion of the Township Engineer if, in his opinion, the design of the fence is sufficiently open to present no significant obstruction to visibility. Such fences may include cyclone-type wire-mesh fences and decorative post-and-rail fences.
[1]
Editor's Note: See Ch. 47, Driveways.
B.
Erection of more than one principal structure on a lot. No more than one principal use or building shall be allowed on a lot or parcel in a residential district without subdivision unless allowed specifically by the applicable zoning district.
C.
Buildings to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with an access to a public street approved by the Board of Supervisors. Every building shall be located on its lot so as to provide safe access for servicing and maintenance, for fire protection and to off-street parking areas.
D.
Application of regulations to corner lots.
(1)
Any yard abutting a street line is hereby deemed a front yard for purposes of applying minimum yard requirements in all districts.
(2)
All lot lines coincident with a street right-of-way line (or street center line, as may be applicable) are deemed front lot lines. All other lot lines are deemed side lot lines.
(3)
Lot width shall be measured from the point of intersection of the front yard lines to the nearest side lot line. The minimum lot width requirement for the applicable zoning district shall be satisfied at each front yard line individually.
(4)
Where one street abutting a corner lot is clearly more important than the other street, such corner lot shall have access to the lesser street. This requirement may be waived where there is a preexisting access to the major street or where providing access via the lesser street will result in disturbance of steep slopes, a stream corridor or wetlands, where such disturbance can be avoided only by providing access via the major street.
E.
Lot area and lot width for lots not served by public water supply or sanitary sewerage. Where a lot is not served by public or community water supply or where a lot is not served by public or community sanitary sewerage, Chapter 107, Subdivision and Land Development, other local ordinances or state statutes may require or imply a larger lot area and/or a greater lot width in order to assure safe separation distances between on-site sewage disposal systems and drinking water supply. Where such is the case, such larger area and/or greater width shall apply in lieu of the otherwise applicable district regulations.
F.
Exceptions to height limit.
(1)
No exceptions shall be made in the Q Quarry District.
(2)
No exceptions shall be made in the Airport Overlay District.
(3)
The height limits contained in other district regulations of this chapter shall not apply to spires, belfries, cupolas, silos, antennas, water tanks, ventilators, chimneys or other appurtenances typically located above roof level and not intended for human occupancy.
G.
Interpretation of lot width. The minimum lot width specified for each district shall be required at the front yard line. This same width shall also be required at the street line, with the following exceptions:
(1)
Where a lot has frontage on a curved portion of street or along the turnaround portion of a cul-de-sac and where the side lot lines of such lot are radial to the street line between the street line and the front yard line, the lot width may taper to less than the specified minimum as measured at the street line. In no case shall the distance between the side lot lines be less than 50 feet at the street line.
(2)
Where a lot is designed as a flag lot, as defined in Article II, it shall be regulated by § 131-81 of this chapter.
§ 131-70 Accessory uses and structures.
A.
Accessory structures.
[Amended 9-28-2000 by Ord. No. 2000-5]
(1)
Except as may be otherwise specifically permitted by this article, no accessory structures shall be erected in any required front or side yard, within eight feet of a rear lot line or within the area of any utility easement. No detached accessory structure shall be erected within five feet of any other structure.
(2)
An accessory structure shall be constructed for a specific use, incidental to the principal structure. This accessory structure can be built on site, or manufactured elsewhere. Accessory structures shall not include recycled truck bodies, gutted mobile homes, used fuel tanks, or other objects or structures which were manufactured for another purpose. This section shall apply in all zoning districts.
B.
Except for permitted home occupations, nonresidential uses shall not be permitted as accessory uses in residential districts.
C.
Home occupations.
(1)
A dwelling unit or accessory structure on a residential lot having direct access to a public street may be used for the practice of a home occupation, provided that such occupation is clearly incidental or secondary to the residential function of the property and further provided that such use of the dwelling does not change the character thereof or have any exterior evidence of such accessory use other than a small sign as permitted by § 131-78A of this chapter.
(2)
Permitted home occupations shall be as follows:
(a)
Professional office or studio of a doctor, dentist, healer, teacher, architect, landscape architect, musician, lawyer, engineer or profession of a similar character.
(b)
Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel or custom home furnishings.
(c)
Artist's or artisan's studio in which are created only individual works of art.
(d)
Barbershop or beauty salon.
(e)
Retail sales, permitted as an accessory solely with Subsection C(2)(a) and (d) above.
(f)
Foster family care.
(g)
A family child day-care home as permitted by and in accordance with regulations promulgated by the Pennsylvania Department of Public Welfare, and in compliance with any regulations contained in the existing Township Building Code.[1]
[Amended 7-25-1996 by Ord. No. 1996-6]
[1]
Editor's Note: See Ch. 45, Construction Codes, Uniform.
(3)
Standards for home occupations.
(a)
Employees of a home occupation shall be limited to the residents of the dwelling within which the occupation is conducted and one nonresident.
(b)
Two off-street parking spaces, in addition to those required for the dwelling, shall, as a minimum, be provided for each home occupation. Where the home occupation occupies more than 1,000 square feet within the dwelling, one parking space in addition to the minimum required shall be provided for each 500 square feet of floor space over 1,000 used for the home occupation.
(4)
Home occupations may be conducted within a building separate from, but on the same lot as, the principal dwelling. The floor area of such separate structure shall not exceed 25% of the floor area of the principal dwelling.
(5)
All aspects of a home occupation, except parking, shall be conducted within a completely enclosed structure or within a completely fenced area.
(6)
Not more than one home occupation shall be permitted on any residential lot.
(7)
Home occupations shall be conducted in compliance with all of the performance standards in § 131-79 below.
D.
Swimming pools.
(1)
Private, noncommercial, permanently installed swimming pools, as defined in Article II, shall not be located within a front yard.
(2)
Swimming pools shall not be located within five feet of any lot line.
(3)
Swimming pools may encroach upon the required side yard and/or the required rear yard, provided that the extent of such encroachment does not exceed 25% of the required yard setback for the applicable district.
(4)
Swimming pools shall be sited such that any loss of water resulting from the accidental or intentional destruction of a swimming pool or from any other type of leakage shall, insofar as possible, be retained upon the originating tract.
(5)
Swimming pools shall be completely enclosed with a permanent fence having a minimum height of 48 inches. Aboveground swimming pools having an outside wall not less than 48 inches high above the surrounding ground at all points around its perimeter need not be fenced, provided that the ladder or stairs providing access to the swimming pool can be retracted or otherwise rendered unusable to hinder unauthorized access to the swimming pool.
E.
Utility sheds. A maximum of two utility sheds, each with a maximum of 200 square feet in floor area, whether permanently attached or not permanently attached, may be located on a property, provided that the shed is set back a minimum of 10 feet from any rear or side yard boundary line.
[Added 8-25-1994 by Ord. No. 1994-10]
F.
No-impact home-based businesses.
[Added 3-27-2003 by Ord. No. 2003-3]
(1)
A business or commercial activity administered or conducted as an accessory use to 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.
(2)
The business or commercial activity must satisfy the following requirements:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process, which creates noise, vibration, glare, fumes, odors or electrical or electronic interference with radio or television reception, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
G.
Alternative energy systems.
[Added 8-26-2010 by Ord. No. 2010-01]
(1)
Purpose. The purpose of this Subsection G is to provide for the safe and orderly location and construction of alternative energy systems in the Township of Washington. For purposes of this subsection, alternative energy systems shall include: solar energy systems and wind energy systems.
(2)
Applicable zoning districts. Alternative energy systems shall be permitted as an accessory use within all zoning districts of the Township, subject to the regulations and conditions contained within this Subsection G.
(3)
General conditions applicable to all alternative energy systems.
(a)
Compliance with other regulations. All alternative energy systems shall comply with all applicable federal, state, and Township statutes, regulations, and ordinances, including but not limited to construction and electrical codes and the National Electrical Code. Prior to the issuance of a building and/or zoning permit for installation of an alternative energy system, the applicant must submit to the Township all documentation required by the Township Building Code Official to verify that the design of the device complies with the Pennsylvania Uniform Construction Code, including but not limited to documentation of the structural integrity of the structure(s) and electrical design. Design information must be certified by a licensed professional engineer in the Commonwealth of Pennsylvania.
(b)
Noise. The noise standards for alternative energy systems shall not exceed 60 decibels, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Manufacturer's data may be used as proof of a product's noise output. Measurement of the noise output will be the responsibility of the nonparticipating landowner if in disagreement with the manufacturer's data.
(c)
Abandonment. An alternative energy system that has been abandoned (meaning not having been in operation for a period exceeding six months) or is defective or that is deemed to be unsafe by the Township Building Code Official shall be required to be repaired by the owner to meet federal, state, and local safety standards, or be removed by the property owner within the time period allowed by the Township's Building Code Official. If the owner fails to remove or repair the defective or abandoned alternative energy system, the Township may pursue a legal action to have the system removed at the owner's expense.
(d)
Limitation. Power generated by an alternative energy system shall be solely for use on the property on which the alternative energy system is located.
(e)
Plan. Prior to the erection of any alternative energy system within the Township, a plot plan of the parcel on which the facility will be located shall be submitted, which identifies at a minimum: property lines, lot area, location of the proposed alternative energy system, and setback measurements from property and street lines.
(4)
Conditions applicable to solar energy systems.
(a)
Roof-mounted solar energy systems. Roof-mounted solar collectors and equipment used for the mounting or operation of such collectors are exempt from the height limitations of the zoning district in which the solar energy system is to be located.
(b)
Setback. Apparatus necessary for the operation of a solar energy system, including overhangs, movable insulating walls and roof, and reflectors, may project into a required front, side or rear yard a maximum of 50% of the required yard dimension of the zoning district in which the solar energy system is to be located.
(c)
Ground-mounted solar energy systems. Detached, ground-mounted solar collectors shall be considered permissible accessory structures in all zoning districts, but they shall not be included in computing lot coverage.
(d)
Utility lines. All utility lines, including electrical wires, and the grounding wires, must be installed underground in accordance with the prevailing standards of the servicing utility company.
(5)
Conditions applicable to wind energy systems.
(a)
Setbacks. A wind energy system shall be located no less than 1.1 times the total height of the device from a front, side or rear property line. Furthermore, no wind energy system shall be located within 1.1 times the total height of the device from overhead utility lines, the nearest street right-of-way lines or another wind energy system located on the same property.
(b)
Location. A wind energy system may be located within front, side or rear yards.
(c)
Limitation. Multiple systems are permitted with the condition that the power generated by the systems shall be solely for use on the property on which the systems are located.
(d)
Maximum height. The maximum height of any wind energy system located within the Township of Washington, including all moving and rotating parts, shall be 100 feet, measured from the undisturbed ground elevation at the base of the device to the highest point of the arc of the blade or to the top of the tower, whichever is greater. (If a device is attached to an existing structure, then the maximum height of the attached wind energy device shall not exceed 100 feet, including the height of the existing structure.)
(e)
Ground clearance. The minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 20 feet, as measured at the lowest point of the arc of the blades.
(f)
Location of guy wires. Guy wires associated with any wind energy structure shall not be closer than 10 feet from a front, side or rear property line.
(g)
Access. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The wind energy system shall not provide steps or a ladder readily accessible to the public for a minimum height of eight feet above the ground elevation at the base of the device.
(h)
Lighting and advertising. No artificial lighting, unless required by the Federal Aviation Administration, signage or any forms of advertising shall be utilized or attached to a wind energy system.
(i)
Utility lines. All utility lines, including electrical wires other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, must be installed underground in accordance with the prevailing standards of the servicing utility company.
§ 131-71 Yard sales.
A.
No single yard sale shall be conducted for a period in excess of 72 hours.
B.
No residential property may be the site of more than four yard sales during any calendar year.
C.
One single-sided or double-sided temporary sign, not to exceed two feet by four feet, shall be permitted upon the property where the yard sale is conducted.
(1)
Such sign shall not be illuminated in any way, nor shall it be located to block pedestrian traffic or to obstruct the vision of passing motorists.
(2)
Such sign may be erected up to 48 hours prior to the commencement of the yard sale and shall be removed immediately upon the conclusion of the yard sale.
(3)
Such sign shall not be affixed to any utility pole, to any traffic sign or to any existing permanent sign.
(4)
A separate sign permit shall not be required.
D.
No yard sale shall be conducted either wholly or partially within a public right-of-way.
E.
It shall be the responsibility of the person or persons conducting the yard sale to assure adequate parking for those attending the yard sale. The owners of vehicles parked in violation of local regulations shall be subject to normal enforcement procedures.
F.
The regulations of this section shall not apply to Sheriff's sales.
G.
The regulations of this section shall not apply to retail activities carried on as a permanent home occupation or to the retail sale of farm products from a roadside stand. These activities are regulated by §§ 131-70 and 131-72, respectively.
§ 131-72 Farm regulations.
The regulations of this section shall apply to all properties which support the commercial cultivation of crops and/or the pasturing of horses or livestock.
A.
Farm operations shall require a minimum lot size of 2.00 acres.
B.
Dwellings and accessory structures not for farm purposes shall be located in accordance with the bulk regulations of the applicable zoning district. All other accessory structures (including barns, silos and bulk bins) shall be set back a minimum of 25 feet from all property lines in Agricultural and Watershed Conservation Zoning Districts and 75 feet in all other zoning districts. Where there is a conflict between this regulation and any other setback provision for a zoning district contained in this chapter, this regulation shall prevail.
[Amended 8-25-1994 by Ord. No. 1994-10]
C.
All pasture areas shall be fenced.
D.
The slaughter of animals shall not be permitted within 100 feet of any property line.
E.
No farm operation shall be conducted in such a way as to create a danger to the public health or safety or to the health or safety of nearby residents. Nuisances, annoyances and inconveniences to neighboring properties arising from the conduct of accepted farming practices shall not be deemed dangerous to the general health, safety or welfare.
F.
Display and sale of farm products.
(1)
The display and sale of produce and other products originating from the farm property shall be permitted as an accessory use. Such display and sale shall be conducted from a temporary or permanent stand.
(a)
Temporary stands shall be located not less than 12 feet from the edge of the nearest public cartway and shall be removed at the end of the growing season.
(b)
Permanent stands shall be sited in compliance with the regulations of the applicable zoning district.
(2)
A parking area able to accommodate at least three parking spaces shall be provided on the property behind the road right-of-way. Such parking area need not be paved, but shall in all cases be clearly marked.
§ 131-73 Additional regulations for multifamily dwellings.
The following regulations shall apply to multifamily dwellings, including, but not by way of limitation, townhouse developments and apartment buildings, in addition to the area and bulk regulations found elsewhere in this chapter. These regulations shall not be applied to mobile home parks.
A.
Development controls.
(1)
One-owner developments of multifamily housing shall be permitted only upon provision of adequate means to assure the perpetual maintenance of building exteriors, common areas and open space, parking areas and all other improvements which are not to be dedicated to the Township. Adequate provisions for such responsibilities include, but are not limited to, condominium associations, cooperative agreements, cross-easements and deed restrictions. The Township reserves the right to obtain the opinion of the Township Solicitor concerning the adequacy of these or similar provisions as may be proposed.
(2)
The proposed development shall be carried out in conformance with an overall plan for the tract. If the development is to be carried out in phases, each phase shall be planned such that the foregoing requirements and the intent of this chapter are fully complied with upon the completion of each phase.
B.
Area and building requirements. Overall tract size for lands to be developed with multifamily housing shall be in compliance with Article VIII of this chapter.
(1)
For individual townhouse units, area and bulk regulations shall be as follows:
(a)
Minimum lot area per unit: 2,600 square feet.
(b)
Minimum lot width: 22 feet.
(c)
Minimum yard setback:
[1]
Front yard: 20 feet.
[2]
Side yard (end units only): 20 feet.
[3]
Rear yard: 20 feet.
(d)
Maximum building coverage: 50%.
(e)
Maximum percentage of impervious surface: 75%.
(f)
Maximum building height: 40 feet.
(g)
Maximum number of stories: four.
(2)
Other types of multifamily dwellings.
(a)
Minimum floor area per dwelling shall be as follows:
[1]
Studio or one-bedroom unit: 600 square feet.
[2]
Two-bedroom unit: 800 square feet.
(b)
Other area and bulk regulations shall be as specified by Article VIII of this chapter and elsewhere in this section.
(3)
Size of structures.
(a)
Structures containing townhouse units shall have a minimum of three and a maximum of seven such units.
(b)
No residential structure shall be longer or wider than 154 feet.
(4)
Buffer area. Multifamily dwellings shall be separated from adjacent commercial or industrial properties by a permanent landscaped buffer strip having a minimum width of 20 feet. Commercial and industrial properties include properties which are actually used for such purposes as well as vacant lands which are zoned for such uses.
(5)
Parking and service areas.
(a)
The amount of parking to be provided shall be in compliance with § 131-77 of this chapter. Parking areas shall be separated from the perimeter of the tract by a minimum of 20 feet.
(b)
Areas for loading and unloading of delivery trucks and other vehicles and for the servicing of refuse collection, fuel and other services shall be provided and shall be arranged such that they may be used without blockage or interference with the use of accessways or parking areas.
(c)
All areas provided for use by vehicles shall be constructed of bituminous paving or concrete paving in accordance with Chapter 107, Subdivision and Land Development, and other applicable regulations.
(6)
Required open space and recreational facilities.
(a)
Not less than 30% of the total tract shall be preserved as common open space. Such open space may include wooded areas; however, at least 50% of the common open space required shall be suitable for active recreational use.
(b)
Areas occupied by nonrecreational structures, parking or loading areas, stormwater management facilities, wetlands, wetland buffer areas, streams and required setbacks shall not be counted toward fulfillment of this requirement.
(c)
Lands and facilities for active recreational use shall be provided in accordance with Article VIII. Such lands shall be included as part of the calculation to determine compliance with Subsection B(6)(a) above.
(d)
The Board of Supervisors, at the request of the applicant and after review by the Recreation Advisory Committee, may accept an equivalent amount of open space off-site, a cash equivalent to the value of the required open space or a combination of land and cash in lieu of the open space required above.
C.
Utilities. Water supply and sanitary sewage disposal for multifamily dwellings shall be provided by either community or public systems. All utility lines shall be underground.
D.
Lighting.
(1)
Lighting shall be provided as needed and arranged in a manner which will protect nearby highways and neighboring properties from direct glare and other hazardous interference.
(2)
The Township may require lighting to be provided as it may deem necessary for the safety and convenience of the residents of the multifamily development or the general public.
(3)
Lighting shall be installed at the expense of the developer.
§ 131-74 Sanitary landfills, incinerators, solid waste management facilities and transfer stations.
A.
Permit required.
(1)
It shall be unlawful for any person or business entity to use or continue to use land within the Township as a sanitary landfill, incinerator, solid waste management facility or transfer station, hereinafter collectively referred to as a "facility," without first obtaining a permit therefor from the Board. The term "facility" shall not include a municipal waste recycling or intermediate processing center which is utilized to separate commingled recyclable materials previously removed from the municipal waste stream through a curbside source-separation program or where separated materials are collected and processed for sale and delivery to secondary markets.
(2)
Permit fees.
(a)
Each initial application for a permit shall be accompanied by a permit fee as provided in Chapter A137, Fees, and a further deposit as provided in Chapter A137, Fees, both made payable to the Township in the form of a certified check or money order, to be applied against the actual cost to the Township of technical (including, without limitation, both engineering and legal) review of the application and impact statement.
(b)
Said permit fee shall be placed in an interest-bearing escrow account.
(c)
All permit fees submitted with a permit application or renewal application are nonrefundable, even if the permit is denied or subsequently suspended or revoked.
(d)
A refund of the excess of the deposit over the actual cost of technical review will be made to the applicant.
(e)
The Township shall be exempt from said permit fee.
(3)
Renewal of permits.
(a)
Each permit shall be valid for one year from the date of issuance. The permit holder desiring to renew an existing permit shall complete and submit to the Board an application at least 90 days before the expiration date thereof and shall tender with each application all required fees.
(b)
Each renewal permit application shall be accompanied with a renewal permit fee as provided in Chapter A137, Fees, payable to the Board in the form of a certified check or money order, to be applied against the actual cost to the Township of technical (including, without limitation, both engineering and legal) review of the application and impact statement.
(c)
A refund of the excess of the deposit over the actual cost of the technical review will be made to the applicant.
(d)
The Township shall be exempt from said permit renewal fee.
B.
Application for permit. The application to establish and operate a facility shall include five complete copies of the following documentation:
(1)
A topographical drawing, prepared by a professional engineer registered in the Commonwealth of Pennsylvania, drawn to a scale of one inch equals not more than 50 feet, showing:
(a)
The location of the site relative to public roads.
(b)
The owners of adjacent properties.
(c)
Soils present on the tract, with special symbolization for prime agricultural soils and for hydric soils.
(d)
Proposed fencing and improvements.
(e)
Proposed screening.
(f)
Cross sections showing the existing grades and the proposed grades upon completion and closure of the landfill.
(g)
Landfill areas within the landfill site, to include staging of landfill development and the location of haul roads and access roads.
(h)
The location of areas for cleaning equipment and vehicle tires.
(i)
The location of weighing scales, fire-fighting equipment and similar ancillary facilities.
(j)
The limits of all watersheds.
(2)
An archaeological survey indicating any areas of high probability for archaeological sites, known historic sites and structures and the historic significance of all structures on the site. The application shall include correspondence received by the applicant from the Commonwealth of Pennsylvania Historical and Museum Commission concerning the existence of known or suspected archaeological resources on the site of the proposed landfill. No destruction of any structures on the site shall be permitted until a determination of historic significance has been made.
(3)
The names and current addresses of any and all persons who own any interest, real or equitable, in the real estate being the subject of the application.
(4)
The names and current addresses of all persons having any ownership interest of 10% or more in any corporation(s) or other business entities which may be set forth in answers to Subsection B(3) above.
(5)
The names and current addresses of all persons having any interest in the operation or proposed operation, maintenance or use of the real estate in question as a facility.
(6)
The names and current addresses of all persons having an ownership interest of 10% or more in any corporation(s) or other business entities which may be set forth in answer to Subsection B(5) above.
(7)
The names and current addresses of any and all persons who own property lying within 1,000 feet of any property line of the tract or tracts proposed to accommodate a facility.
(8)
The location of all wells used for domestic water supply which are within 1/2 mile of the facility.
(9)
The identities and qualification of personnel designated to manage the proposed facility, together with their intended responsibilities and past experience in such management within the last 10 years. The application shall include information demonstrating that such persons, as well as those corporations and individuals listed in response to Subsection B(5) and (6), are not involved in any unresolved issues concerning compliance with regulations for the operation of any facility regulated by this section.
(10)
A current, approved permit issued by the Pennsylvania Department of Environmental Resources (DER) pursuant to the Pennsylvania Solid Waste Management Act (Act 97 of 1980), as amended, and the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988), as amended.[1] In addition, the applicant shall show compliance with all requirements of the aforesaid acts and regulations and standards of DER relating to solid waste processing and disposal systems, which are hereby incorporated within this chapter by reference. The applicant is further required to submit to the Board of Supervisors any and all plans, applications, data, materials, studies and information as are required to be submitted to the DER pursuant to said acts, regulations and standards. All such materials shall be certified by the applicant to be true and correct copies of original materials filed with the DER.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
(11)
Statements indicating expected useful life of the facility and the condition and proposed uses of said site upon termination of operation, including but not limited to any limitations on future uses due to decomposition gases.
(12)
An access road survey, which shall include the following:
(a)
An estimate of the number of vehicles with a laden weight in excess of 20,000 pounds which are expected to use the facility on a daily basis during the first two years of operation; and
(b)
A plan indicating all roads anticipated to be used as access roads, as defined in Article II.
(13)
A statement setting forth the projected types and amounts of refuse anticipated to be accepted by the proposed facility during the first two years of operation and the source of the waste material.
(14)
A statement of the applicant's prior experience, if any, in operating facilities of the type proposed.
(15)
A draft preparedness, prevention and contingency plan or plans which has or have been developed in accordance with the applicable guidelines of the Pennsylvania Department of Environmental Resources.
C.
Environmental assessment statement. The application for a permit shall be accompanied by an environmental assessment statement which will provide the following information and documentation:
(1)
A description of the proposed facility.
(2)
A physical description of the environment affected, including but not limited to summary technical data, maps and diagrams adequate to permit an assessment of potential environmental impact by commenting agencies and the public. Highly technical and specialized analyses and data should be attached as appendixes or footnoted with adequate bibliographic references.
(3)
A description of how the facility will function as an element of the solid waste management infrastructure, addressing whatever solid waste management plan(s) may be in effect in Washington Township at the time when application is made. Technical and quantitative analyses supporting the assertions of such description shall be included.
(4)
The sources of data used to identify, qualify or evaluate any and all of the environmental consequences must be expressly noted.
(5)
The relationship of the proposed facility to land use plans (including the Washington Township Comprehensive Plan and the Washington Township Act 537 Plan), policies and controls for the affected area, including a statement as to how the proposed facility may conform to or conflict with the objectives and specific terms of existing or proposed federal, state, county and Township land use, plans, policies and controls.
(6)
An analysis of the primary and secondary effects of the facility and its capacity to stimulate or induce changes in patterns of social and economic activities.
(7)
An analysis of the anticipated impact upon existing community facilities and activities and changes in natural conditions and the anticipated effect on natural and cultural features such as streams, mountains, historic sites, landmarks, principal roads, lakes and towns.
(8)
Specific data relating to the impact of the facility on local vehicular traffic; on local water supplies, groundwater, streams and rivers; on natural and man-made local storm drainage facilities and areas; and on the existing flood-prone areas of the Township, including details of any measures of precautions which may have to be taken in order to provide adequate flood control in the Township.
(a)
Flow rates shall be determined for all streams (including intermittent and ephemeral streams) which are likely to receive surface water runoff from the facility. Flow rates shall be determined by weirs or a flow meter or a minimum of four flow survey events during a twelve-month period.
(b)
Surface water quality shall be established by sampling all tributaries draining the site. A minimum of four samples shall be taken, a minimum of one every three months, within a twelve-month period prior to the commencement of facility operation. Once operation has commenced, surface water quality shall be monitored by sampling of the same tributaries, to be conducted at least once every six months.
(c)
Benthic sampling shall be conducted for each tributary draining the facility site between May 1 and June 15 prior to commencement of facility operation. Samplings shall be conducted in conformance with current regulations of the Pennsylvania Department of Environmental Resources regarding benthic sampling and guidelines specified by the Rapid Bioassessment Protocols of the United States Environmental Protection Agency.
(9)
A statement of any probable adverse environmental effects which cannot be avoided (such as water or air pollution, undesirable land use patterns, damage to life systems, congestion, threats to health and other adverse consequences to the environment). For purposes of contrast, a statement shall be included which sets forth proposed method(s) to mitigate or avoid such adverse effects.
(10)
The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. This section should contain a brief discussion of the extent to which the proposed action involves short-term environmental gains at the expense of long-term losses, or the converse, and a discussion of the extent to which the proposed action precludes future options. In this context, the words "short-term" and "long-term" should be viewed in terms of the environmentally significant consequences of the proposed action.
(11)
The aesthetic impact of the proposed action, including its impact upon visual quality of the surrounding community.
(12)
An analysis of the success or failure of similar projects, if the project is of a nonconventional nature. Determination of the conventional or nonconventional character of the proposed project will be made by the Township Engineer.
(13)
A statement of any adverse effects anticipated upon employment, taxes and property values.
(14)
A statement of any effects on desirable community growth.
(15)
A statement describing the location and impact of the facility on nearby recreation areas.
D.
Application process.
(1)
Form of application. In developing and collecting the data required above, the applicant shall convey the required information succinctly and in layman's terms, giving attention to the substance of the information conveyed rather than to the particular form, length or detail of the statement. Statements should indicate at appropriate points in the text any underlying studies, reports and other information obtained and considered by the applicant in preparing the statement. Care should be taken to ensure that the statement remains an essentially self-contained instrument capable of being understood without the need for extensive cross-referencing.
(2)
Form of environmental assessment statement. Each environmental assessment statement shall utilize a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and decision making. The purpose of such an approach is intended to assure a systematic evaluation of reasonable alternative courses of action and their potential social, economic and environmental consequences.
(3)
Compliance with Township zoning and subdivision and land development regulations. Facilities covered by this section, including applications for new facilities or for enlargements or additions to existing facilities, shall be subject to the procedures and provisions of this chapter and Chapter 107, Subdivision and Land Development. Such procedures shall precede any application for conditional use.
(4)
Public hearing. The Board may, at any time and in its sole discretion, hold a public hearing on:
(a)
Questions of the effect of the proposed landfill on water, noise or air pollution; on the environment; on the landscape; or on the health, safety or welfare of the people of the Township.
(b)
Questions of the effect of the proposed landfill on the economic development of the Township.
(c)
Any other question arising under this section.
(5)
Cessation bond.
(a)
The facility operator shall post, prior to the issuance of a permit hereunder, a bond in the sum of $50,000 per acre or portion thereof contained in the facility site.
(b)
Said bond shall remain in effect for a period of 20 years after operation of the facility has ceased and shall be in cash or cash equivalent, shall be payable to the Township of Washington and shall be in a form acceptable to the Township Solicitor.
(c)
The purpose of this bond shall be to assure restoration of the site, to assure that adequate arrangements are made to provide for post-closing maintenance with regard to (among other things) leachate and gasses and to assure, generally, compliance with this chapter.
(d)
Once posted, this bond shall be increased annually by an amount equal to the percentage increase in the Consumer Price Index for the Philadelphia Region, plus 5.0%.
E.
Issuance and administration of permit.
(1)
Issuance of permit.
(a)
Within 30 days of the receipt of the complete application for a permit, the Township shall publish notice of a public hearing to be held within 120 days of said notice prior to the Board's consideration of the permit application.
(b)
At the completion of the public hearing or hearings, the Board shall consider the application at a second public meeting after proper advertisement.
(c)
The Board shall issue a permit or shall refuse to issue a permit to the applicant after examination of the application and after determination that the applicant has complied with the regulations of this section.
(2)
Records.
(a)
Every person who has obtained a permit or permit renewal under this chapter shall provide and keep a bound book, with the permittee being responsible for the accuracy of all information contained therein. The book shall contain the following information recorded legibly and in the English language and shall be updated on a daily basis.
[1]
The origin of all solid waste accepted by the facility site.
[2]
The weight of all solid waste accepted by the facility site.
[3]
The number of trucks bringing solid waste to the facility site.
[4]
The number of vehicles other than trucks bringing solid waste to the facility site.
[5]
The type of solid waste accepted by the facility site.
(b)
These records shall be maintained by the facility operator for as long as the facility remains in operation. All records shall be available for Township inspection upon request during hours of operation. The Township shall not be required to provide the operator with advance notice of record inspection.
(c)
Upon cessation of facility activity, all records (or duplicates of such records) shall become the property of the Township.
(3)
Revocation or suspension of permit.
(a)
Any permit granted by the Board under the provisions of this chapter shall be revocable or subject to suspension at any time upon the determination by the Board that the facility or facility site:
[1]
Is or has been conducted in violation of this or any other ordinance of the Township, the Pennsylvania Solid Waste Management Act (Act 97 of 1980), as amended; the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988), as amended;[2] or the regulations or standards of the Pennsylvania Department of Environmental Resources;
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
[2]
Is creating a public nuisance;
[3]
Is creating a potential hazard to the public health, safety or welfare; or
[4]
Adversely affects the environment.
(b)
When a permit is denied, suspended or revoked, the applicant shall have 30 days thereafter to file a written request for a hearing for reconsideration by the Board. A hearing shall be held thereon before the Board within 60 days after receipt of the written request for such hearing.
(4)
Transfer of permit. No permit for any facility operated under this section shall be transferable.
F.
Facility operation.
(1)
Prior to authorizing or approving any facility under this section, the Board shall require compliance with the following provisions:
(a)
The facility shall comply with all applicable requirements of the Pennsylvania Solid Waste Management Act (Act 97 of 1980) and the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988),[3] as well as any and all applicable regulations of the Pennsylvania Department of Environmental Resources (DER). The Township shall have the right to require chemical analysis of wastes and shall also have the right to specify the chemical parameters and analytical methodology to be used for such analyses, where such is necessary to confirm compliance with these regulations. The cost of such analyses shall be borne by the facility operator. Prior to the operation of any facility, the applicant shall obtain the necessary permit(s) from the DER. In addition to the operating regulations of the DER, the facility operator shall take such additional measures as may be necessary to eliminate areas which may harbor or provide breeding areas for vectors.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
(b)
The facility shall be located so that safe and adequate access is available over public roads at all times.
[1]
Access roads, as defined in Article II, to the proposed facility shall have a minimum paved width of 24 feet and shall be paved with bituminous or concrete materials having a surface and base course of sufficient depth to withstand traffic loads, determined by the number and weight of trucks anticipated in a daily operation of the proposed landfill, as well as the applicable standards of the Pennsylvania Department of Transportation.
[2]
The Board of Supervisors shall require that the costs to improve access roads to provide this standard shall be assessed against the applicant, prior to application approval, either by requiring contribution of moneys sufficient to pay for the improvements to the access roads or by assessing dumping fees on the operation of the facility sufficient to pay for the improvements to the access roads.
[3]
In addition, the applicant shall post a security bond in an amount to be determined by the Township Engineer to cover the costs of improvements and maintenance for all public roads in the Township utilized by vehicles approaching the facility.
[4]
The applicant shall give written assurance that, within one year of the termination of the facility operation, all access roads will be restored as may be necessary to the condition in which they existed immediately prior to the commencement of operations at the facility. Compliance with this provision shall be determined by the Township Engineer.
(c)
The facility site shall be enclosed with a wire-mesh fence along the interior boundary of the buffer zone to protect adjoining properties from windblown debris. The fence shall be metal wire mesh constructed of No. 9 gauge wire woven in a two-inch mesh in full conformance with the American Society of Testing and Materials Specification A 491-71. The surface height of the fence shall be eight feet, plus an additional minimum of three strands of barbed wire, installed at least six inches apart, onto brackets affixed to the top of the fence at an angle 45° from vertical. The fence shall contain, at all entrances, gates which are locked except during business hours. In addition, temporary litter control fences shall be installed in such a manner as to prevent litter from dispersing onto the facility site. Such fences shall be placed no more than 75 feet downwind from the immediate operating area. The facility site shall be adequately policed, and all litter shall be collected daily and incorporated into the landfill. The fence shall be surrounded by a one-hundred-foot-wide landscaped buffer area; where such buffer area is wooded, such woodlands shall serve as the required landscaping and shall not be disturbed. No facility operations shall be located outside of the fenced area (including pipelines and drainage swales) except as may be necessary for connection to the local infrastructure.
(d)
The facility shall not be located on land mapped by the Soil Conservation Service as having either a high-water table or seasonal high-water table or land which is subject to flooding.
(e)
The facility site shall be graded and provided with drainage facilities to minimize runoff, to prevent erosion and to prevent collection of standing water.
(f)
Outdoor burning and scavenging shall not be permitted.
(g)
Facility sites shall be located a minimum of 500 feet from any zoning district boundary line and at least 500 feet from any existing residence or any residence under construction at the time of application.
(h)
Facilities regulated by this section, including all structures, appurtenances, improvements, storage areas, washing sites, spraying sites, impoundments and similar ancillary or accessory facilities, shall be located a minimum of 500 feet from all streets not located within the facility site and 500 feet from all property lines.
(i)
No single facility regulated by this section shall occupy more than 75 acres.
(j)
Facilities regulated by this section, including all structures, appurtenances, improvements, storage areas, washing sites, spraying sites, impoundments and similar ancillary or accessory facilities, shall be screened from view from the adjoining properties by a buffer zone with a minimum width of 500 feet in which shall be placed a planting screen consisting of a variety of evergreen trees in a solid double row with a minimum height of nine feet, creating a visual barrier to said site and improvements from all adjoining lands. Dead trees shall be replaced within 60 days.
(k)
Emission of unpleasant gases or odorous matter shall not be permitted in such quantities as to be offensive outside the boundaries of the facility site.
(l)
The sound pressure level of any operation within the facility site shall not exceed, at any point along the property boundary of the site, the decibel levels in the following octave bands:
Octave Band (cycles per second) | Maximum Permitted Sound Level (decibels) | |
|---|---|---|
10 to 600 | 45 | |
600 to 2,400 | 33 | |
2,400 to 4,800 | 30 | |
Over 4,800 | 25 |
(m)
The grade of a landfill site shall never exceed the highest point of natural elevation as existed within such landfill site prior to commencement of the operation. The final grading of a landfill shall be done in a manner so that the site is left in a useful condition. Owners and operators of proposed landfill sites are encouraged to provide for the future dedication of properties used for landfill purposes to the Township for park and recreational facilities.
(n)
All equipment on the facility site shall be maintained in operable condition and stored under roof when not in use.
(o)
Necessary measures shall be taken to prevent and extinguish fires, including the construction of a water collection system for water protection, said system to be approved by the Township Engineer. Water at adequate volume and pressure, as determined by the Board of Supervisors, to supply water hose streams, foam-producing equipment or water spray systems (whichever is applicable) shall be available at the site. Necessary equipment (such as hoses, nozzles and pumps) compatible with that of the first response fire company shall also be available at the site. All equipment and buildings shall be equipped with functioning fire extinguishers.
(p)
Landfills shall contain an on-site scale, and all solid waste delivered to the landfill site shall be weighed and recorded by a licensed scalemaster pursuant to the requirements of this section and the Washington Township Landfill Ordinance.[4] Under no circumstances shall the amount of waste brought to the landfill site exceed the volume permitted by the solid waste regulations of the Pennsylvania Department of Environmental Resources.
[4]
Editor's Note: A copy of said ordinance is on file in the Township offices.
(q)
A certified copy of all reports, data, plans and other material or information required to be submitted to Pennsylvania Department of Environmental Resources shall be submitted to the Board of Supervisors.
(r)
A tire-cleaning area shall be provided on the access road within the facility site. All tires on all trucks leaving the facility shall be cleaned. Runoff from the tire-cleaning area shall be treated on-site by an oil/grease separator prior to leaving the facility and shall be further controlled in accordance with the provisions of the Pennsylvania Stormwater Management Act (32 P.S. § 680.1 et seq.).
(s)
Landfill liners shall be high-density polyethylene (HDPE) with a minimum thickness of 60 mils and shall meet all applicable standards of the Pennsylvania Department of Environmental Resources. Other liner materials may be approved if the applicant can demonstrate that the degree of protection offered by such other materials is equal to or greater than that provided by the specified material.
(t)
An equipment-cleaning area shall be provided on the facility site. All equipment used to grade and compact solid waste in a landfill shall be cleaned daily to prevent odors, vectors and other hazards and nuisances. All drainage from equipment cleaning areas shall be managed so as to prevent water pollution and shall be discharged to a sanitary sewer system or other facilities approved by the Board of Supervisors.
(u)
Leachate and detrimental surface water runoff.
[1]
Leachate and any surface water runoff which may be detrimental to the quality of the surface waters draining the facility site shall be collected and treated by one of the following methods:
[a]
Shipment to an off-site facility, as contracted with and reported to the Township by the solid waste facility operator, for treatment and disposal.
[b]
Treated and disposed of on-site in accordance with all applicable federal, state and local regulations.
[c]
Conveyed to a publicly operated wastewater treatment plant, provided that the owner of such plant has, by contract with the solid waste facility operator, agreed to handle such wastewater.
[2]
Where leachate is stored on-site, such storage shall be in closed containers and not as uncovered surface water impoundment.
(v)
Groundwater monitoring wells shall be required and shall be located along the interior boundary lines of the buffer zone and outside the boundary lines of landfill sites, as may be required by the Township Engineer. The water in each well shall be tested by the operator monthly for all items listed in the regulations of the Pennsylvania Department of Environmental Resources and for all other additional items as may be required by resolution of the Board of Supervisors. The test results shall be submitted, in writing, to the Board as the Board may request.
(w)
All facilities, equipment and personnel shall be equipped with both an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel and a device immediately available at the scene of operations, such as a telephone or a hand-held two-way radio, capable of summoning emergency assistance from local Police and Fire Departments.
(x)
Landfill sites shall have at least one emergency access entrance, which shall be locked except when in use during an emergency situation. The operator shall provide keys to this entrance to the Board of Supervisors and to the local Police and Fire Departments.
(y)
Sanitary toilet facilities, as approved by the Township Sewage Enforcement Officer, shall be constructed and made available for use by persons on the facility site.
(z)
Trucks delivering waste to a facility shall not be permitted to enter the facility site between the hours of 6:00 p.m. and 6:00 a.m., prevailing time. All facility operations (other than administration) shall be conducted between the hours of 7:00 a.m. and 4:00 p.m., prevailing time, Monday through Friday, and between 7:00 a.m. and 12:00 noon, prevailing time, on Saturdays. No operations shall be conducted on Sundays.
(2)
Insurance.
(a)
All permit holders under the provisions of this chapter shall furnish proof to the Board of Supervisors of liability insurance covering all aspects of their activities under this section.
(b)
All policies required by this chapter shall have a minimum cancellation period of not less than 30 days after receipt, in writing, of the notice of cancellation by the Board.
(c)
All policies required by this chapter shall be maintained by the permit holder throughout the entire period of the facility operation.
(d)
The following policies shall be required in the amounts indicated:
[1]
A personal injury policy shall be obtained in the amount of at least $1,000,000 per person or $3,000,000 per accident.
[2]
A property damage policy shall be obtained in the amount of at least $1,000,000 per accident.
[3]
A disaster policy shall be obtained in the amount of at least $30,000,000, which policy shall provide for environmental restoration in the event of sudden and accidental or gradual pollution caused by discharge, dispersal, release or escape of pollutants.
(3)
Inspection of site. The Board of Supervisors shall, from time to time, cause its authorized representatives to inspect the facility site to assure continued compliance with the plans, specifications, regulations and procedures set forth in this section. It shall be the duty of the facility operator to make the site available for inspection at all times. The Township shall not be required to provide the facility operator with any advance notice of inspection. All expenses relating to said inspection shall be borne by the permit holder(s).
(4)
Hazardous waste prohibition. Disposal of hazardous waste, as may be defined in the Pennsylvania Solid Waste Management Act, as amended, the Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, as amended,[5] or any other applicable statute promulgated by the General Assembly of the Commonwealth of Pennsylvania, on any landfill or incinerator site within the Township is hereby prohibited.
[5]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
(5)
Fees to be paid to Township. The Township shall have the right to charge a per-ton fee to users of the facility. The amount of such fee shall be established by resolution of the Board of Supervisors and may be amended from time to time but not more than once during a six-month period. Separate rates may be established based upon the type and provenance of waste. Such rates shall be conspicuously posted at the facility site so as to be readily visible to those delivering wastes to the facility. The operator of the facility shall be responsible for the collection of such fee, maintenance of records and payment of the fee to the Township at such intervals as the Township may determine.
(6)
Restraining violations. In addition to any other remedies provided in this section, the Board of Supervisors may institute an action in equity in the Court of Common Pleas of Berks County for an injunction to restrain a violation of this article or to mandate corrective action necessary to remedy any violation of the rules, regulations or standards of this article.
G.
Vacation of site. The permittee (or the heirs, successors or assigns of the permittee) shall restore the landscape of landfill sites prior to cessation of landfill operation and vacation of the site. Such site restoration shall include, but is not necessarily limited to, the planting of trees and shrubs of species which shall be subject to the approval of the Board of Supervisors.
§ 131-75 Barn conversions.
A.
Intent.
(1)
The barns, bank barns and associated agricultural structures found throughout the Township are an important element of its rural and historic identity. The regulations of this section have been developed in order to encourage the preservation of these structures.
(2)
The Township recognizes that, in spite of their aesthetic appeal, many older agricultural structures are no longer of a suitable size or configuration to accommodate modern agricultural operations. In light of this fact, these regulations have been developed to accommodate alternate, nonfarm uses within such structures, thereby providing an economically feasible use for such structures, supporting their restoration, preservation and continued presence in the community.
B.
Eligibility.
(1)
Throughout this section, the term "agricultural structure" shall be interpreted to include but not necessarily be limited to barns and bank barns, silos, grist mills, springhouses, summer kitchens and carriage houses.
(2)
Agricultural structures eligible for conversion in accordance with this section shall be 50 or more years old at the time such conversion is proposed and shall have a minimum floor area of 500 square feet.
(3)
Agricultural structures eligible for conversion shall be structurally sound, or if not sound, one condition of approval for conversion shall be presentation of plans by the applicant showing how said structure shall be restored to sound condition.
C.
Permitted uses.
(1)
The following uses are permitted as by right within a converted agricultural structure, regardless of the zoning regulations in effect:
(a)
Single-family detached dwellings, single-family semidetached dwellings, two-family dwellings and multifamily dwellings.
(b)
Professional or business offices.
(c)
Retail establishments involving the sale of goods or services to the general public, except that sexually oriented businesses shall be permitted only in the C Commercial District in accordance with Chapter 97, Sexually Oriented Businesses, commonly known as the "Obscenity Ordinance."
(d)
Artist's studios.
(e)
Any combination of the above uses.
(f)
Township uses or uses by a municipal authority organized by the Township.
(g)
County, state or federal facilities.
(2)
The following uses are permitted as by right within a converted agricultural structure only where such uses are permitted within the zoning district wherein the structure is located. These uses are permitted by condition where the zoning regulations in effect permit such uses by condition or where such uses are not permitted. Where these uses are not permitted within the zoning district either by right or by condition, these uses may be permitted as a conditional use only where such use(s) will be performed within a converted agricultural structure:
(a)
Light manufacturing or assembly operations.
(b)
Eating and drinking establishments.
(c)
Hotel or bed-and-breakfast operations.
D.
Regulatory compliance required.
(1)
Conversions shall comply with all applicable Township ordinances and all requirements of this chapter, including § 131-79, Performance standards, § 131-77, Parking and loading areas, and § 131-78, Signs.
(2)
A conversion to any use except a single-family detached residence is a type of land development and shall conform to the applicable regulations of Chapter 107, Subdivision and Land Development. Conversions, including conversions to a single-family detached residence, which involve the creation of a new lot, are a subdivision and shall conform to the applicable regulations of Chapter 107, Subdivision and Land Development.
(3)
Provisions for water supply and sewage disposal shall satisfy the requirements of the Pennsylvania Department of Environmental Resources and the Township Sewage Enforcement Officer.
(4)
The structural integrity of the final conversion, including all additions and restoration activities carried out during the conversion process, shall satisfy the requirements of Chapter 41, Building Construction, as interpreted by the Building Inspector.
E.
Limitations.
(1)
Exterior alterations to the barn structure shall preserve the general appearance of the barn, enhancing the aesthetic qualities of the structure and the property in the rural idiom. This requirement shall be reflected in structural additions to the barn, alterations to the original barn and cladding materials (including color) of the finished conversion.
(2)
It is recognized that old barn structures may be nonconforming structures, especially in regard to required yard areas and height limitations. Conversions shall not be required to correct such preexisting nonconformities, but shall neither worsen the nonconforming aspect nor create a new area of nonconformity.
(3)
If agricultural activity is to continue in proximity to the converted barn, the conversion shall be designed to minimize conflicts between the new use and the existing farm use.
§ 131-76 Mobile home parks.
All mobile home parks shall conform to all applicable requirements of the Commonwealth of Pennsylvania for such facilities, Chapter 107, Subdivision and Land Development, and Chapter 70, Mobile Home Parks.
§ 131-77 Parking and loading areas.
A.
Any structure erected, enlarged, altered or used and any lot occupied or used for any of the following purposes shall be provided with the number of off-street parking spaces indicated within this section as a minimum. Such parking areas shall be clearly indicated and shall not be located within any public right-of-way. Parking areas may be either within a structure or in the open.
B.
The provision of parking areas greatly in excess of these minimum standards is discouraged.
C.
Parking spaces shall measure not less than 10 feet by 20 feet. Parking spaces for use by handicapped drivers shall measure not less than 14 feet by 20 feet.
D.
Parking areas may, but need not, be located on the same lot as the use served. All parking areas shall be proximate to the use served and, where the use is not adjacent to each parking space, shall be provided with a clearly defined pedestrian system, distinct from the vehicular accessways within the parking lot, which shall provide a safe means of access to the use(s) served.
E.
Aisles within parking areas which provide access to individual parking spaces shall have a minimum width of 24 feet for back-to-back double-bay parking.
[Amended 3-25-1999 by Ord. No. 1999-1]
F.
As far as practicable, parking areas for all nonresidential uses shall be located in the side or rear yard area of the structure served.
G.
For parking areas which will serve more than one use, the number of parking spaces required shall be the sum of what would be required for each use independently.
H.
For the following uses, the required parking spaces shall be provided with a dust-free all-weather surface approved by the Board of Supervisors; if the calculation to determine the required number of spaces results in a fractional figure, said fraction shall be rounded to the nearest whole number:
(1)
Dwelling units: two spaces per dwelling. Garages on the lots of, or within, individual dwelling units, shall not be included in the calculation of the required number of parking spaces.
[Amended 8-24-2023 by Ord. No. 2023-1]
(2)
House of worship, school, theater, cinema and similar places of assembly, both public and private, excluding outdoor assembly areas: 25 spaces per 1,000 square feet in main assembly room or area.
(3)
Stadium, grandstand and similar structures for outdoor assembly, regardless of whether or not seating areas are under roof: one space per five seats. Where seating is provided on unmarked benches, each eighteen-inch segment of bench shall be interpreted as one seat.
(4)
Hospital, convalescent home or sanitarium: two spaces per patient room.
(5)
Community center, library, museum or similar cultural institution: three spaces per 1,000 square feet gross floor area.
(6)
Institutional home: 0.5 space for each residential room or unit.
(7)
Residential club: 0.5 space for each residential room or unit, plus one space per 100 square feet of indoor public area.
(8)
Personal storage facility: one space per rentable unit.
(9)
Industrial activities, including manufacturing, except as may be specifically provided for elsewhere in this section: 2.5 spaces per 1,000 square feet gross floor area for facilities with less than 100,000 square feet gross floor area; 2.0 spaces per 1,000 square feet gross floor area for facilities with 100,000 square feet or more gross floor area.
(10)
Independent living home: 1.5 spaces for each residential unit.
[Added 3-3-2011 by Ord. No. 2011-01]
(11)
Assisted living home: one space for each residential room or unit.
[Added 3-3-2011 by Ord. No. 2011-01]
(12)
Nursing home: one space for each four beds plus one space for each employee on the largest shift.
[Added 3-3-2011 by Ord. No. 2011-01]
I.
For the following uses, the required parking spaces shall be provided with a paved surface; if the calculation to determine the required number of spaces results in a fractional figure, said fraction shall be rounded to the nearest whole number:
(1)
Retail sales or rental of consumed or perishable items and items with little seasonal variation in demand, except as may be specifically provided for elsewhere in this section, including supermarkets and food stores, convenience stores, pharmacies, video sales and rental and personal and professional services: 3.5 spaces per 1,000 square feet gross floor area.
(2)
Retail sales or rental of capital or nonperishable items and items with clear seasonal variation in demand, except as may be specifically provided for elsewhere in this section, including customer spaces for auto dealers, apparel and personal accessory stores, bookstores, department stores, electronics and computer stores, gift shops, jewelers, nurseries and greenhouses and retail activities not included in Subsection I(1): five spaces per 1,000 square feet gross floor area.
(3)
Shopping centers: five spaces per 1,000 square feet gross leasable area.
(4)
Wholesale sales, freight terminal: one space per 1,000 square feet gross floor area, in addition to loading area(s).
(5)
Hotels: one space per rented unit, plus four spaces for each 50 units, plus spaces as required for ancillary uses.
(6)
Office buildings, business and commercial services, research and development facilities and laboratories: three spaces per 1,000 square feet gross floor area.
(7)
Financial service establishments, including banks, brokerages and savings and loan offices: four spaces per 1,000 square feet gross floor area.
(8)
Eating and drinking places with table service: 15 spaces per 1,000 square feet gross floor area.
(9)
Eating and drinking places without table service: 20 spaces per 1,000 square feet gross floor area.
(10)
Automobile service stations or automobile repair service: two spaces per garage bay, in addition to the garage bays themselves.
(11)
Gasoline station: one space per pump island, in addition to spaces at pump islands for vehicles receiving gas.
J.
Off-street handicapped parking areas.
(1)
Within off-street parking areas, parking spaces to accommodate handicapped drivers shall be provided according to the total size of the parking area as specified below:
Total Number of Parking Spaces | Minimum Number of Spaces for Handicapped Drivers | |
|---|---|---|
Fewer than 25 | 1 | |
25 to 75 | 2 | |
Over 75 | 2% of all spaces |
(2)
Parking stalls for use by handicapped drivers shall be clearly marked and shall be located to minimize the distance between the vehicles and a wheelchair-accessible entrance to the facility served.
K.
Design requirements. Parking lots serving industrial, commercial and multifamily residential uses shall be designed and maintained in conformance with the following regulations.
(1)
Parking lots shall not be used for the sale, repair or dismantling of any vehicles, equipment, materials or supplies.
(2)
Provisions shall be made for safe and efficient ingress and egress to and from public streets without undue congestion or interference with normal traffic flow. All points of ingress and egress along a public street shall be located at least 200 feet from the nearest intersection of any other public street.
(3)
Parking spaces shall be provided with wheel or bumper guards so located and arranged so that no part of any parked vehicle shall extend beyond the limits of the parking area.
(4)
Lighting shall be provided and so designed such that adjacent residential properties and public streets shall not be directly illuminated.
(5)
(Reserved)[1]
[1]
Editor's Note: Former Subsection K(5), regarding landscaped buffer strips, was repealed 3-25-1999 by Ord. No. 1999-1.
(6)
(Reserved)[2]
[2]
Editor's Note: Former Subsection K(6), regarding landscaped areas, was repealed 3-25-1999 by Ord. No. 1999-1.
(7)
Not more than one shelter may be provided within a parking area. Such shelter shall occupy no more than 50 square feet and shall be sited in accordance with all applicable minimum yard areas.
L.
Loading areas.
(1)
Loading areas shall be completely contained upon the site of the building served and shall neither occupy nor infringe upon any parking spaces, traffic lanes within a parking area, driveways or public street rights-of-way.
(2)
Loading areas shall not be located within the front yard area of the use(s) served, but shall be restricted to the rear yard and, if necessary, the side yard.
(3)
(Reserved)[3]
[3]
Editor's Note: Former Subsection L(3), pertaining to landscaped buffer strips, was repealed 3-25-1999 by Ord. No. 1999-1.
(4)
All loading areas shall have a dust-free surface over the entire area customarily used by delivery vehicles for parking and maneuvering. The surface may be asphalt, bituminous concrete, concrete or any other dust-free surfacing material which may be approved by the Board of Supervisors.
(5)
The number of loading spaces shall be as determined by the developer of the property, but the Township may require evidence supporting the assertion that the number of loading spaces to be provided is adequate for the proposed use.
§ 131-78 Signs.
A.
The following signs are permitted in the Agricultural (A), Watershed Conservation (WSC), Rural Residential (R-1) and Suburban Residential (R-2) Districts:
(1)
Official street and traffic signs.
(2)
Signs required by law.
(3)
Signs indicating the name, profession and/or activity of the occupants of the dwelling (including the existence of a home occupation), provided that the area of any one side of any such sign shall not exceed two square feet. Not more than one such sign shall be permitted per lot.
(4)
Signs indicating the presence of a park, recreation area, school, church, hospital, sanitarium, club or other institution or activity of similar nature. Such signs may include the name of the facility and activities and/or services accommodated on the lot. The area of any one side of any such sign shall not exceed 15 square feet. Not more than one such sign shall be located along any one street frontage of the subject property.
(5)
Signs prohibiting trespassing or signs indicating the private ownership of roads or property. Such signs must be located upon the property to which they refer. The area of each such sign shall not exceed one square foot. Such signs shall be spaced along street frontage or the property line at intervals of not more than one sign per 100 feet.
(6)
Real estate signs advertising one of the following:
(a)
The sale or rental of the premises upon which the sign is located, provided that the total area of any one side of such sign on any one street frontage of any property in single and separate ownership shall not exceed six square feet.
(b)
The sale or development of homes within a subdivision of fewer than 10 lots, provided that:
[1]
The sign shall be located on the premises.
[2]
No side of any such sign shall exceed 15 square feet in area.
[3]
No more than one such sign shall be erected within any such subdivision.
(c)
The sale or development of homes within a subdivision of 10 or more lots, provided that
[1]
The sign shall be located on the premises.
[2]
No side of any such sign shall exceed 35 square feet in area.
[3]
No more than two such signs shall be erected within any such subdivision.
(7)
Signs in connection with the identification, operation or protection of any public utility or municipal activity, on the same lot therewith, provided that the total sign area on any one street frontage of any property in single and separate ownership shall not exceed eight square feet.
(8)
Signs advertising the sale of agricultural products on the same lot therewith, indicating the name of the owner or occupant and the product(s) sold or services or activities performed on the premises, provided that the total sign area on any one street frontage of any property in single and separate ownership shall not exceed 35 square feet.
(9)
Off-premises signs indicating distance, direction and/or destination, provided that the area of any one side of such sign shall not exceed six square feet, and further provided that no such sign shall be located within 500 feet of any other such sign.
(10)
Temporary signs for contractors, mechanics, painters and artisans erected on a premises where such individuals are performing work; also temporary signs indicating an agricultural test plot. The total area of one side of such sign or signs shall not exceed 12 square feet upon any property in single and separate ownership. Such sign or signs shall be removed upon completion of the work being performed.
B.
The following signs are permitted in the High-Density Residential and Village (HDV) District:
(1)
All signs permitted under Subsection A above.
(2)
On-premises signs for nonresidential uses, permitted in conformance with the following regulations:
(a)
No sign or portion of any sign which is mounted upon a building shall extend higher than 12 feet above the ground. The total sign area on any one street frontage of any property in single and separate ownership shall be limited to one square foot per linear foot of lot width, to a maximum of 100 square feet. This maximum may be increased to 300 square feet as a special exception granted in accordance with the provisions of § 131-105B of this chapter. For businesses within a shopping center or arcade (where the use does not have street frontage or the concept of lot width cannot be applied), the sign area shall be limited according to the width of the leased unit rather than the lot width.
(b)
No freestanding sign or portion thereof shall extend higher than 10 feet above the ground. The total sign area on any one street frontage of any property in single and separate ownership shall be limited to one square foot per linear foot of lot width, to a maximum of 100 square feet. This maximum may be increased to 300 square feet as a special exception granted in accordance with the provisions of § 131-105B of this chapter.
(c)
Exterior wall-mounted signs which have the sign surface more or less perpendicular to the wall surface shall not extend more than 36 inches from the wall surface and shall have a minimum clearance of eight feet. These regulations shall also apply to banners and awnings, whether permanent or temporary, except that banners and awnings may extend up to 42 inches from the wall surface.
(d)
Freestanding, temporary placards in pedestrian areas (such as sandwich board signs) shall have a maximum width and depth of two feet and shall in no case occupy more than 25% of the width of the pedestrian area where it is placed. Such signs shall have a maximum height of 48 inches.
(e)
Window signs shall not be considered in computing total sign area; however, signs shall not cover more than 20% of any window opening.
C.
The following signs are permitted in the Commercial (C), Light Industrial (LI), General Industrial (GI) and Quarry (Q) Districts.
(1)
All signs permitted under Subsections A and B above.
(2)
Signs in connection with tourist homes or rooming houses, on the same lot therewith, provided that the area of any one side of such sign shall not exceed six square feet, and provided that not more than one such sign shall be erected on any one street frontage of any property in single and separate ownership.
(3)
Off-premises outdoor advertising signs, as defined in Article II of this chapter, provided that the following requirements are satisfied:
(a)
All faces of such signs shall have a maximum display area of 200 square feet per sign face, except as otherwise provided for by this section.
(b)
Such signs shall have not more than four sign faces, each with a maximum display area of 200 square feet per face, with a maximum width of 20 feet, inclusive of any border or trim.
(c)
When two or more sign faces are arranged back-to-back, they shall be parallel and directly opposite, facing in opposite directions, separated by not more than 12 feet.
(d)
When two or more sign faces are arranged in a "V" (as viewed from above), the faces shall not be located more than five feet apart at the closest point, nor shall the interior angle be greater than 45%.
(e)
The overall height of outdoor advertising signs shall not exceed 35 feet. The height shall be measured from the bed of the adjacent street to the highest part of the sign.
(f)
No outdoor advertising sign shall be erected within 1,000 feet of any other outdoor advertising sign.
(g)
Outdoor advertising signs shall be set back a minimum of 15 feet from the street right-of-way (or ultimate right-of-way, where one exists) or at a distance not less than the total height of the sign, whichever is greater.
(h)
Outdoor advertising signs shall have frontage upon only those public roads of a controlled or semi-controlled access highway classification, as delineated on the Township's Ultimate Right-of-Way Map.[1]
[1]
Editor's Note: The Ultimate Right-of-Way Map is on file in the Township offices.
(i)
The general area in the vicinity of all outdoor advertising signs shall be kept free and clear of sign material debris.
(j)
Permit.
[1]
No outdoor advertising sign shall be erected or maintained without the owner thereof having first obtained a permit from the Township, which shall be issued by the Zoning Officer or other party designated by the Board of Supervisors only upon receipt of:
[a]
A written application completed in duplicate, signed by the applicant.
[b]
Five copies of a plan of the property or tract of land, drawn to scale, signed and certified by a registered professional engineer or land surveyor, depicting the perimeter boundaries as taken from the deed for said tract, identifying the current owner of the tract, all adjacent owners, the location and dimensions of the abutting roadway in relation to the tract, the next closest intersecting public roadway, all driveways and parking areas within 150 feet of the site, the proposed location of the sign area to be transferred in fee or controlled by lease and all easements and utility installations affecting such site.
[c]
Five copies of a plan of the sign, drawn to scale, signed and certified by a registered professional engineer or land surveyor, depicting the dimensional limits of the sign face(s), the supporting structure, the specifications of the materials and methods of construction and maintenance to be employed.
[2]
Permit applications shall be reviewed by the Township Zoning Officer and the Township Engineer for compliance with this chapter, and upon approval by both, a permit shall be issued to remain in effect for a period of three years from the date of issuance of the permit, subject to renewal for additional three-year intervals upon written reapplication and presentation of documentation establishing the applicant's continued compliance with the terms and conditions of this chapter and any terms or conditions appearing on the face of the permit. Permit applications shall be accompanied by a check or money order in full satisfaction of an initial application fee or reapplication fee (as may be appropriate), the amount of which shall be established by resolution of the Board of Supervisors. Within the time period covered by a permit, whether original or renewal, any change of an advertisement on an outdoor advertising sign shall not require payment of a fee.
[Amended 8-25-1994 by Ord. No. 1994-10]
D.
Sign regulations applicable in all districts.
(1)
No sign shall be placed in such a position as to endanger traffic on a street by obscuring a clear view or by confusion with official street signs or signals, by virtue of position or color.
(2)
No sign other than official street signs shall be erected or maintained within a street right-of-way.
(3)
Every sign permitted in this chapter shall be constructed of durable materials and shall be maintained in good condition and repair at all times.
(4)
Whenever a sign becomes dilapidated, structurally unsafe or otherwise hazardous to the safety of the public, a building or premises, the Zoning Officer shall give written notice to the owner of the premises upon which such sign is located. Such sign shall then be made safe, repaired or removed (as applicable) within a period of 10 days from receipt of such written notice; otherwise, both the owner of the sign and the owner of the premises upon which the sign is located shall be in violation of this section.
(5)
Business signs and outdoor advertising signs must maintain a setback distance from adjacent residential districts as required by this chapter for other business and commercial structures and buildings. For the purposes of this regulation, the High-Density Residential and Village (HDV) District shall be deemed a nonresidential district.
(6)
No sign shall be erected at or near the intersection of streets or upon a curve so as to obstruct free and clear vision of motorists.
(7)
No red-, amber- or green-colored lights, discs or shapes are permitted within 100 feet of a street intersection or any other location where the Zoning Officer shall determine that such lights or shapes may reasonably be confused with traffic signals.
(8)
No signs shall be permitted which move, rotate, oscillate, vibrate or shimmer.
(9)
No sign shall be permitted which is animated by means of flashing, scintillating, blinking or traveling lights or by any other means not providing a constant level of illumination, except as follows:
(a)
Public service information signs intended primarily to display items of general interest in the community, such as time, temperature, date and/or atmospheric conditions, are permitted in all nonresidential districts, including the High-Density Residential and Village (HDV) District.
(b)
Illuminated revolving barber poles are permitted as an accessory use to a barbershop.
(10)
Political signs.
(a)
Temporary signs announcing the candidacy of an individual for elective office or urging a specific response to a referendum issue (hereinafter referred to as "political signs") are permitted in all districts in compliance with the regulations of this subsection and the following:
[1]
The area of one side of any political sign shall not exceed 32 square feet.
[2]
No political sign shall be illuminated.
[3]
A permit shall be required for each political sign where the area of either side exceeds four square feet.
[4]
All political signs shall be removed within 14 days following the election for which they were erected.
(b)
The preceding regulations shall not be applied to a political sign erected or displayed as an off-premises outdoor advertising sign. Such signs shall be regulated by the provisions of Subsection C(3) above, in lieu of this Subsection D(10)
(11)
Vehicular signs are prohibited in all zoning districts.
[Added 5-24-2012 by Ord. No. 2012-02]
E.
Illumination of signs.
(1)
In the Agricultural (A), Watershed Conservation (WSC), Rural Residential (R-1) and Suburban Residential (R-2) Districts, the following signs may be illuminated and no others:
(a)
Signs indicating the residence and/or office of a physician, dentist, healer, District Justice or other such person whose services in an emergency are customarily considered essential to the public health, safety or welfare. Illumination shall be white, nonglare light.
(b)
Signs indicating a school, church, hospital, sanitarium, club, municipal building or similar institutional use. Illumination shall be white, nonglare light.
(c)
Signs for traffic regulation, marking of hazards and the like.
(2)
In those districts not noted above, any permitted sign, building or structure may be illuminated.
(3)
Permitted illumination of signs, buildings and structures in any district shall be subject to the following regulations:
(a)
There shall be no illumination of a flashing, intermittent or moving type.
(b)
Floodlighting shall be shielded such that the source of light shall not be visible from any point off the lot of origin.
F.
Permits and fees.
(1)
Sign permits shall be issued and an appropriate fee collected by the Township Zoning Officer. Such permits shall be issued in accordance with § 131-98 of this chapter, except permits for outdoor advertising signs which shall require a permit in accordance with Subsection C(3)(j) above.
(2)
No permit to erect a sign shall be issued until a fee has been paid to the Zoning Officer in the amount established by resolution of the Board of Supervisors.
G.
Exemptions.
(1)
The provisions of this section shall not apply to signs erected at the direction of the federal, state or local government.
(2)
For the purposes of this section, the trade names, emblems or directions on service facilities or product dispensers, including but not limited to gasoline pumps, telephone booths and vending machines, shall not be deemed a sign when such trade name, emblem or single group of words or symbols occupy an area not greater than two square feet.
H.
Existing nonconforming signs.
(1)
Any lawful sign existing on the effective date of this chapter which does not conform to the provisions of this chapter shall be considered a lawful, nonconforming sign and its use may be continued. Nonconforming signs may be repaired and/or repainted (with the same logo) but shall not be altered or changed in overall dimensions, except to be brought into conformance with the standards of this section.
(2)
The owner of any lawful nonconforming outdoor advertising sign, while exempt from the initial permit application process, shall be required to obtain a renewal permit at three-year intervals as set forth in Subsection C(3)(j) above. The first such renewal permit must be obtained within three years of the effective date of this chapter.
§ 131-79 Performance standards.
No land, building, structure or premises in any district shall be used, altered or occupied in such a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; conditions conducive to the breeding of rodents or insects; or other substance, condition or element in any manner or amount as to adversely affect the surrounding area. The standards of this section shall be applicable to all zoning districts and uses.
A.
Vibration. No vibration shall be produced exceeding 0.002 g peak measured at or beyond the lot line by either seismic or electronic vibration measuring equipment.
B.
Noise. No person shall operate or cause to be operated on private or public property any source of sound in violation of the Township of Washington Noise Ordinance, Chapter 73 of the Code of Ordinances of Washington Township (Ordinance No. 2008-01, enacted June 26, 2008).
[Amended 7-27-2017 by Ord. No. 2017-1]
C.
Air quality.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Pennsylvania Department of Environmental Resources, Rules and Regulations.
(2)
Furthermore, there shall be no emission into the atmosphere of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines. Visible grey smoke as dark as No. 2 on said chart may be emitted for a period or periods totaling no more than four minutes within any given thirty-minute period. These provisions shall also apply to smoke of other colors having an equivalent apparent opacity.
D.
Electric and electromagnetic interference. Electric and electromagnetic devices shall be shielded in such a manner than no electrical or electromagnetic disturbance shall be evident which adversely affects the operation of any equipment other than that of the creator of such disturbance.
E.
Fire and explosive hazards.
(1)
All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion along with adequate fire-fighting and fire-suppression equipment and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania.
(2)
All buildings and structures and activities within such buildings and structures shall conform to all applicable Township or county codes and ordinances.
(3)
Any explosive material shall conform to the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Resources, for the storage, handling and use of explosives.
F.
Glare and heat.
(1)
Glare from exposed incandescent lights shall not be visible from any property other than the originating property.
(2)
Glare generated by any industrial process, including but not limited to high temperature processes such as combustion and welding, shall not be visible at or beyond the lot line of the property generating such glare.
(3)
There shall be no emission or transmission of heat or heated air which is discernible at the lot line.
G.
Liquid and solid wastes, including sewage.
(1)
There shall be no discharge at any point into any public or private sewerage system or watercourse or into the ground of any materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of the Commonwealth of Pennsylvania, specifically Chapters 73, 75, 95 and 97 of Title 25, Pennsylvania Department of Environmental Resources, Rules and Regulations.
(2)
No solid waste matter shall be stored on any property (other than an approved sanitary landfill, solid waste management facility or recycling center) for longer than 30 days. This section shall not be applied to the storage of manure upon farm properties, regardless of whether or not such property is located within the Agricultural District, unless such storage creates a clear and immediate danger to the public health and welfare.
H.
Odor.
(1)
No use shall emit malodorous gases in such quantity as to be offensive at any point on or beyond the lot lines of the parcel whereupon such use is located. The guide for determining such quantities of offensive odors shall be the fifty-percent response level of Table I, Odor Thresholds in Air, contained in the publication Research on Chemical Odors: Part I, Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, DC.
(2)
This section shall not be applied to odors resulting from agricultural practices upon farm properties within the Agricultural District.
I.
Toxic gases. The emission of noxious, toxic or corrosive gases or of fumes injurious to persons, property or vegetation beyond the lot lines of the lot whereupon such emission originates shall be prohibited.
J.
Dust, mud and debris.
(1)
No activity or use upon any lot shall be permitted to create conditions whereby airborne dust may be blown beyond the lot lines of that lot. This regulation shall not apply to dust created by agricultural practices upon farm properties, regardless of whether or not such property is located in the Agricultural District.
(2)
No activity or use upon any lot shall be permitted to allow mud to flow beyond the lot lines of that lot. This regulation shall not apply to the natural deposition of alluvium associated with streams; however, no activity or use is permitted which will increase the rate or amount of such deposition.
(3)
No activity or use upon any lot shall be permitted to allow airborne or waterborne debris to spread beyond the lot lines of that lot.
(4)
No vehicle leaving a lot shall be permitted to cause the dispersal of mud, dust or debris onto property other than the originating lot or onto any public road.
§ 131-80 Slopes.
A.
Lands with a slope of 25% or greater shall be limited to the following uses, provided that such uses are permitted by the district wherein such lands are located:
(1)
Parks and outdoor recreational uses, provided that such activities do not impede the watershed function of the property.
(2)
Tree farming, forestry and agricultural uses, subject to the provisions of § 131-72 of this chapter, when conducted in conformance with appropriate soil conservation practices to minimize the effects of erosion.[1]
[1]
Editor's Note: Former Subsection A(3), regarding single-family detached dwellings, which subsection immediately followed this subsection, was repealed 3-25-2004 by Ord. No. 2004-1.
B.
Earthmoving is prohibited, except as may be necessary for those activities permitted by Subsection A(1) and (2) above. Where such exceptions apply, earthmoving activity shall be held to a minimum.
[Amended 3-25-2004 by Ord. No. 2004-1]
§ 131-81 Flag lots.
Flag lots, as defined in Article II of this chapter, shall be deemed conforming lots only when in compliance with the following regulations:
A.
The pole of the flag lot shall have a minimum width of 50 feet.
B.
For purposes of interpretation and application of yard requirements, the front lot line of a flag lot shall be that lot line of the flag portion of the lot which is closest and most nearly parallel to the nearest street right-of-way line.
C.
The calculation of lot area to determine compliance with the minimum lot area requirement of the zoning district shall exclude lands occupied by the pole portion of the lot.
D.
No portion of the building envelope shall be located within the pole portion of a flag lot.
E.
No flag lot shall adjoin more than one other flag lot.
