Washington Township Jefferson County
City Zoning Code
City Zoning Code
ARTICLE V
Special and Supplementary Regulations
§ 350-17 Intent.
This article lists specific controls over general aspects of land utilization that are not included elsewhere in this chapter. The Washington Township Zoning Officer has the right and authority to perform or have performed by an independent party and relevant investigation or study to assure public safety, health and welfare and require the cost to be borne by the applicant. The following regulations shall apply to all zoning districts and uses as applicable.
§ 350-18 Public utility corporation exemption.
The provisions of this chapter shall not apply to any existing or proposed building or extension thereof used by any public utility corporation, if upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed location or use of the building in question is reasonably necessary for the convenience or welfare of the public.
§ 350-19 Environmental performance standards.
The Washington Township Supervisors may require safeguards to assure compliance with the certain environmental standards. When required, the applicant shall demonstrate that adequate provisions will be made to reduce and minimize any objectionable elements related to this section. Upon request of the Township, the owner shall furnish or obtain proof at his own expense that he is in compliance with the following environmental standards:
A.
Air management.
(1)
The burning of tires, plastic, or any toxic substance is not permitted.
(2)
No gasses, vapors or fumes shall be emitted which are harmful to persons, property, animals, or vegetation.
(3)
No radioactive vapors or gasses shall be emitted.
(4)
No objectionable odors other than agricultural in origin shall be detectable beyond the property boundaries.
B.
Solid waste management. No storage of waste materials on a lot shall be permitted in excess of 30 days. All waste materials awaiting transport shall be kept in enclosed containers and be screened from view.
E.
Electromagnetic. All electromagnetic radiation shall comply with the regulations of the Federal Communication Commission (FCC).
F.
Groundwater supplies. No use shall endanger groundwater levels and quality nor adversely affect groundwater supplies of nearby properties.
§ 350-20 Building height exceptions.
Height regulations shall not apply to agricultural structures, silos, water towers, church spires, belfries, antennas, chimneys, architectural ornament, or appurtenances placed above the roof level not intended for human occupancy.
§ 350-21 Building setback exceptions.
The required building setback for a proposed building may be decreased to the average setback of existing buildings within 100 feet on each side of the proposed building. Setback reduction may occur when adjacent buildings have less than the front yard requirement for the applicable district, but in no case shall the reduction encroach upon the street right-of-way. The granting of a variance shall be the authority of the Zoning Hearing Board.
§ 350-22 Required yard exceptions.
No structure or part of a structure shall be erected within or shall project into any required yard setback except:
A.
Overhanging eaves, gutters, cornices or solar energy collector not exceeding two feet in width.
B.
Arbors, trellises, garden sheds, flagpoles, unroofed steps, unroofed terraces, awnings, movable canopies, walls, fences and other similar uninhabitable structures shall be permitted, provided they are not more than eight feet in height.
C.
Unenclosed fire escapes that extend no more than six feet into any required yard area.
§ 350-23 Obstructions.
A.
On a corner lot, no structure shall be erected or enlarged, and no vegetation shall be planted or maintained which may cause visual obstruction to motorists on any public road.
B.
Clear sight triangles shall be provided at all street intersections. Within such triangles, no object shall be permitted which obscures vision above the height of 30 inches and below 10 feet, measured from the center line grade of intersecting streets. Such triangles shall be established from a distance of 50 feet from the point of intersection of the center lines of local and collector streets. Triangles shall be established from a distance of 150 feet for all intersections with arterial streets.
§ 350-24 Floodplain management.
Floodplain management is the responsibility of the individual municipality. Each municipality subject to this chapter has in place and administers a floodplain management ordinance. Therefore, in addition to the requirements established by this chapter, any activity in a designated flood prone area will be subject to the appropriate municipal ordinance.[1]
§ 350-25 Travel trailer occupancy and storage requirements.
Travel trailers equipped with holding tank facilities and that are not connected to a permitted sewage treatment system (public sewer, in-ground holding tank, absorption bed system) shall not remain on a lot that does not contain a residential structure for more than 30 consecutive days. Travel trailers not equipped with holding tank facilities and that are not connected to a permitted sewage treatment system (public sewer, in-ground holding tank, absorption bed system) shall not remain on a lot that does not contain a residential structure for more than 10 consecutive days.
§ 350-26 Planned residential development.
A.
A planned residential development as defined by Act 247, the Pennsylvania Municipalities Planning Code, may be permitted in the AR District described in this chapter as a conditional use, provided it meets the minimum standards provided in Chapter 295, Subdivision and Land Development, of the Code of the Township of Washington.
B.
The following are the purposes of the planned residential development:
(1)
To respond to the growing demand for housing of all types and design;
(2)
To encourage innovations in residential and nonresidential development and renewal so that the growing demand for housing and other development may be met by greater variety in type, design, and layout of buildings;
(3)
To encourage the conservation of natural features and more efficient use of auxiliary open space;
(4)
To provide greater opportunities for better housing and recreation to all citizens and residents of this commonwealth;
(5)
To encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that economies secured may benefit those who need homes; and
(6)
To provide a procedure which can relate the type, design and layout of residential and nonresidential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential and nonresidential areas.
§ 350-27 Adult entertainment (commercial stores).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Within the RI District, adult commercial stores are permitted as a conditional use subject to the following requirements:
A.
The building or structure of such use shall be located not less than 500 feet from any residential use or district, public or private school, church, day-care centers, recreation facility or any other religious, institutional, or educational use.
B.
No such use shall be located within 2,000 feet of a similar use.
C.
No materials sold within shall be visible from any window, door, or exterior of the building.
D.
No person under the age of 18 years of age shall be permitted within an adult commercial store or sold any pornographic material.
E.
Signage shall be limited to one attached sign no larger than 20 square feet. Signage may be lighted by a covered and recessed fixture located at the top or base of the sign.
§ 350-28 Agriculture, animals and poultry.
Where permitted, agricultural activities are subject to the following requirements:
A.
Storage of manure, odor producing and/or dust producing substances shall be set back a distance as required by the Department of Environmental Protection regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
A heating plant shall not be operated within 100 feet of any lot line.
C.
Buildings in which animals and/or poultry are housed shall not be permitted within 200 feet of and lot line.
D.
The selling of products raised, bred or grown on the premises shall be permitted, provided that all stands, shelters and/or kiosks used for such sales shall be removed when not in use for the display or sale of said products.
§ 350-29 Animal hospitals and veterinary facilities.
Within the AR District, animal hospitals and veterinary facilities are permitted by special exception, and within the RC District as a permitted use, both subject to the following requirements:
A.
All animal boarding facilities that are not wholly enclosed, any outdoor animal pens, or runways shall be located within the rear yard.
B.
Any animal boarding facility that is not wholly enclosed, any outdoor animal pens, stalls, or runways shall be a minimum of 100 feet from all property lines.
C.
All outdoor pasture/recreation areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be set back a minimum of 10 feet from all property lines.
§ 350-30 Automobile service station (including minor repair).
Within the RC District, automobile filling stations (including minor incidental repair) are permitted, subject to the following conditions:
A.
The subject property shall front on an arterial or collector road as defined in § 350-9, Definitions, of this chapter.
B.
The subject property shall be set back at least 300 feet from any lot containing a school, day-care facility, playground, library, hospital or nursing, rest or retirement home.
C.
The storage of motor vehicles (whether capable of movement or not) for more than one-month period is prohibited.
D.
Any parts removed from repaired vehicles shall not remain on the exterior of the building longer than 48 hours.
E.
The outdoor storage of auto parts shall not be permitted.
F.
Access driveways shall be a minimum of 30 feet wide.
G.
All ventilation equipment associated with fuel storage tanks shall be set back 100 feet and screened from any adjoining residential properties.
§ 350-31 Automobile repair or body work facility.
Automobile repair garage, including paint spraying and body and fender work, shall be permitted in the RC District, subject to the following requirements:
A.
All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area.
B.
All repair and paint work shall be performed within an enclosed building.
C.
No junk vehicles may be stored in the open for a period of longer than 180 days. No more than three such vehicles may be stored in the open.
D.
Signage shall be limited to one attached sign no larger than 20 square feet and/or one perpendicular hanging sign no larger than 12 square feet and one free standing sign no larger than 12 square feet set back at least 20 feet from the adjoining road right-of-way. In the event the financial establishment is located at an intersection, two such signs shall be permitted.
E.
Minimum lot width of not less than 250 feet shall be provided along each street on which the lot abuts.
F.
Access to roads shall be at least 100 feet from the intersection of any streets.
§ 350-32 Broadcast transmission towers, broadcast antennas and broadcast transmission equipment buildings.
A.
Building-mounted broadcast transmission antennas shall not be located on any single-family or two-family dwelling.
B.
Building-mounted broadcast transmission antennas shall be permitted to exceed the height limitations of the applicable zoning district by not more than 20 feet. Broadcast transmission antennas co-located on existing permitted antennas shall not exceed the height established by Board of Supervisors.
C.
Omnidirectional or whip antennas shall not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel broadcast transmission antennas shall not exceed five feet in height and three feet in width.
E.
Any applicant proposing broadcast transmission antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
F.
Any applicant proposing broadcast transmission antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings to the Board of Supervisors indicating how the antennas will be mounted on the structure.
G.
Any applicant proposing broadcast transmission antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and broadcast transmission equipment building can be accomplished.
H.
Broadcast transmission antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
I.
Broadcast transmission antennas shall not cause radio frequency interference with other broadcast transmission facilities located in the Township.
J.
Broadcast transmission antennas shall be set back 200 feet from any residence in an abutting zoning district.
K.
A broadcast transmission equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure. Broadcast transmission equipment housed in underground vaults shall be exempt from setback requirements.
L.
The owner and/or operator of broadcast transmission antennas shall be licensed by the Federal Communications Commission to operate such antennas.
M.
The applicant shall supply documentation to the Township documenting the need for the broadcast transmission facilities and efforts to secure co-location; a visual impact assessment and neighborhood impact assessment of the proposed facilities; and scale drawings showing the proposed placement, spacing, construction and/or modification of the broadcast transmission antennas and related facilities.
N.
As conditions to issuance of the permit, applicants for broadcast transmission facilities shall be required to supply the following:
(1)
Financial security in the amount of $100,000 shall be placed with the Township to assure compliance with the provisions of this chapter. The form of security shall be subject to the Township's approval and shall be maintained until the removal of the facility.
(2)
Public liability insurance for personal injuries, death and property damage in the amount of $2,000,000 per occurrence. The Township shall be listed as an additional insured, and the policy shall contain an endorsement that gives the Township a thirty-day notice prior to policy cancellation. A copy of said policy shall be delivered to the Township upon issuance.
(3)
All documentation applicable to the facility including its operation and any enforcement/activities by other agencies.
§ 350-33 Clubs, lodges and fraternal organizations.
In districts where permitted, these uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members, providing that no sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter erected or converted for such uses are subject to all applicable regulations for the zoning district in which it is located.
§ 350-34 Group home.
Group homes are facilities intended to accommodate special persons (Article III, Definitions) and are permitted as special exceptions in the AR District, subject to the following requirements:
A.
The number of persons living in such a group home shall not exceed two persons per bedroom and shall include at least one on-site support staff member who shall not be included in the maximum number.
B.
All group home structures should have the appearance of single-family or other traditionally residential structures.
C.
All group homes shall meet the minimum yard, setback and lot width requirements for detached dwellings in the applicable zoning district.
D.
A group home must be sponsored and operated by a group, organization or corporation licensed by either the county or the state. Proof of licensing shall be submitted with applications for the group home use. Proof of compliance with all applicable county or state regulations shall be furnished to the Zoning Officer.
E.
Sewer and water services shall be provided in accordance with Chapter 295, Subdivision and Land Development, and other relevant Township ordinances.
F.
No group home shall be constructed within a 0.5 mile radius of any other group home.
§ 350-35 Home occupation.
Home occupations, not meeting the definition of a no-impact home-based business, are permitted as accessory uses in the AR and RR Districts, subject to the following requirements:
A.
The home occupation shall be carried on only by a member of the immediate family with a maximum of two nonresident employees.
B.
The character or external appearance of the dwelling unit or accessory structure must be consistent with the zoning district. No display of products may be shown so as to be visible from outside.
C.
A nameplate not larger than six square feet in area shall be permitted. It cannot be animated or illuminated by direct light.
D.
Not more than 45% of the habitable floor area of a dwelling unit may be devoted to a home occupation.
E.
The premises must at all times be kept neat and orderly.
F.
The use will not result in substantial increase in traffic. A 20% increase in traffic shall be regarded as substantial.
G.
The use will not involve any waste product other than domestic sewerage or municipal waste.
H.
The use will not involve the sale of any item except as incidental to the home occupation.
I.
If an existing accessory building is to be enlarged or a building constructed to accommodate the proposed use, the building after enlargement or construction shall not have a floor area in excess of 50% of the floor area of the principal building.
J.
The use will not be one that creates dust, heat, glare, smoke, vibration, audible noise, or odors outside the building.
K.
The applicant must supply to the Zoning Officer such information to ensure that all of the above requirements will be met. The zoning permit once issued shall continue in effect as long as there is no change in the nature or extent of the use.
§ 350-36 Junkyards.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Within the RI District, salvage/junkyards shall be permitted as a conditional use, subject to the following requirements:
A.
The deposit or storage for more than 120 days of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall be deemed to make the lot a junkyard.
B.
No material shall be placed in any junkyard in such a manner that is capable of being transferred out of the junkyard by wind, water, or other natural causes.
C.
The boundaries of any junkyard shall at all times be clearly delineated by a fence.
D.
All paper, rags, cloth and other fibers, and activities involving the same, other than loading and unloading, shall be kept within fully enclosed buildings.
E.
The land area used for junkyard purposes shall not be less than five acres and shall not be exposed to public view from any public street or road by virtue of its location on a hillside or location on a plateau below street level.
F.
Screening of the junkyard from neighboring land uses shall, as a minimum, require the following:
(1)
The junkyard shall be entirely enclosed by a fence at least eight feet by no more than 10 feet high constructed of approved fencing material with access only through solid gates. Such fence or wall shall be kept in good repair. A chain link fence with opaque insets and dense plantings of evergreen, which shall shield the view of the property, or acceptable perennial species, is an example of an approved fencing material.
(2)
The contents of such a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
(3)
The fence or wall shall be situated no closer to any street or property line than 50 feet. Between the fence or wall and the street or property line, additional buffer plantings shall be placed so as to minimize the effect of a single fence and hedgerow.
G.
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects, or other vermin. When necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of material, preventing the collection of stagnant water, extermination procedures, or other means.
H.
No burning shall be carried on in any junkyard. Fire shall be prevented and hazards avoided by organization and segregation of stored materials, with particular attention to the separation of combustibles from other materials and enclosure of combustibles where necessary (gas tanks shall be drained), by the provision of adequate aisles at least 15 feet for escape and firefighting, and by other necessary measures.
§ 350-37 Kennels.
Within the AR District, kennels are permitted use subject to the following requirements:
A.
All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls or runways shall be located within the rear yard.
B.
All animal boarding buildings that are not wholly enclosed and any outdoor animal pens, stalls, or runways shall be a minimum of 100 feet away from all property lines.
C.
All outdoor running areas shall be enclosed to prevent the escape of the animals; all such enclosures shall be a minimum of 10 feet from all property lines.
D.
All animal wastes shall be regularly and properly disposed.
E.
The applicant shall demonstrate a working plan to prevent or alleviate any noise problems emanating from animals boarded on the site.
§ 350-38 Manufacturing permit.
Proposed industrial operations shall require the issuance of a permit by the Zoning Officer. The permit application shall require the submission of information, including a plot plan; a description of the manufacturing operation and process; engineering plans for water supply and sewage disposal; plans for the prevention of noise, vibration, fire hazards, pollution and traffic; description of proposed fuels to be used; number of shifts and maximum employment per shift; and additional information requested by the Zoning Officer.
§ 350-39 Mobile home parks.
Mobile home parks are permitted as a special exception in the AR District, subject to the following provisions.
A.
General standards.
(1)
A notice shall be placed on the land development plan stating that it shall be the responsibility of the mobile home park owner to maintain all park facilities, including streets, sewage disposal facilities, and areas designated as open space.
(2)
The minimum width of any mobile home lot shall be not less than 75 feet. The minimum length of any mobile home lot shall be not less than 120 feet or equal to the overall length of any mobile home located on the lot plus 30 feet, whichever length is greater. The maximum number of mobile home lots per acre shall be four.
(3)
A mobile home pad, properly graded, placed, and compacted so as to be durable and adequate for support of the maximum anticipated loads during all seasons shall be provided on each mobile home lot within the development. Each pad shall be provided with an anchoring system designed to resist the flotation, collapse, and lateral movement of mobile homes.
(4)
An all-weather patio of a minimum area of 200 square feet shall be provided on each mobile home lot.
(5)
A minimum of two off-street parking spaces per each mobile home lot within the development shall be provided within 200 feet of the lot to be served.
B.
Setbacks, buffer strips, and screening requirements.
(1)
All mobile homes, auxiliary park buildings and other park structures shall be located at least 40 feet from the mobile home park boundary lines. The minimum buffer strip may be reduced to 25 feet if a suitable perimeter screening of plantings of fencing is provided and approved by the Zoning Hearing Board.
(2)
Mobile homes shall be located at least 50 feet from any auxiliary park buildings and any repair, maintenance or storage areas of buildings.
C.
Design standards.
(1)
A mobile home park shall have a gross area of a least five contiguous acres of land suitable for development.
(2)
The developer shall provide a minimum of 10% of the gross area of the mobile home park for recreational/open space.
(3)
Access to mobile home lots within the development shall be provided via an internal street designed and constructed in accordance with the standards in Chapter 295, Subdivision and Land Development.
(a)
The state highway system includes all public streets and highways maintained by the Pennsylvania Department of Transportation.
(b)
The municipal street system includes all public streets and roads maintained by Township. Developers proposing public dedication of streets within mobile home park shall submit road design and construction plans, which meet the minimum specifications of the Township as part of the plan submission process. A deed, which dedicates the land to be used as a public street to the municipality, shall be recorded with the final plan.
(c)
Private streets include all streets or roads not dedicated, accepted, and maintained for public use. Private streets may be permitted where the following conditions can be met:
[1]
A survey of the center line of the private right-of-way shall be shown on the plot plans along with a notation identifying the street and right-of-way as being private.
[2]
The subdivider shall provide a right-of-way use and maintenance agreement in each deed, lease, or conveyance prescribing a right-of-way width and location and setting forth an arrangement between the subdivider and buyer or lessee for maintenance of the private right-of-way.
[3]
Where an existing private right-of-way is proposed to provide access to a new subdivision, the subdivider shall provide a right-of-way use and maintenance agreement signed by all property owners using all the right-of-way if such an agreement has not been previously included in the existing deeds. This agreement shall be recorded with the final plan and prescribe a right-of-way width and location in accordance with the standards of this chapter and set forth arrangements for maintenance of the private right-of-way.
(4)
Mobile home parks shall be provided with water supply and sanitary sewer facilities designed and constructed in accordance with the standards of the Department of Environmental Protection and the following regulations.
(a)
The developer shall construct a system of water mains and connect with such public water supply system where a public water supply with sufficient capacity is available at plat boundary or within a reasonable distance thereto (1,000 feet).
(b)
If a public water supply system is not available under the conditions stated above, the developer shall provide individual or community wells to serve the mobile home park that shall be approved by the Department of Environmental Protection.
(c)
Where wells provide a water supply in a mobile home park, at least one test well shall be drilled in the proposed area for each 10 lots, or upon the requirements of the Department of Environmental Protection.
(d)
All public water systems shall be laid wherever possible in the planting strip on the higher side of the street and constructed in accordance with the standards of the authority, utility company, Department of Environmental Protection or municipal department operating such water mains.
(e)
The developer shall construct a sanitary sewer system and connect with such sewer main and provide lateral connections for each lot where a public sanitary sewer main is available at plat boundary or within a reasonable distance thereto (1,000 feet of mobile home park).
(f)
If a public sanitary sewer main is not available under the conditions stated above, the developer shall construct a public or community sewage treatment system as approved by the Department of Environmental Protection.
(5)
All sanitary sewers shall be constructed and installed according to the standards of the authority or municipal department operating such sewers. Stormwater shall not be permitted to enter sanitary sewers.
(6)
All phases of construction, including excavation, trench, pipe size, grade, backfill and manholes shall be in accordance with approved construction drawings, Department of Environmental Protection requirements, and inspected by the Township Engineer, his authorized representative, authority or health officer during the entire construction period.
(7)
In areas where a municipal sewer is planned to be available as per the most recent Act 537 Plan but not yet built, laterals shall be extended to the center of the street or into the right-of-way, and trunk lines provided to the edge of the mobile homes closest to the municipal trunk location and capped. Until such time as a municipal sewer becomes available, a project system must be installed. In the case of a project system, a trunk shall be provided to connect into the municipal system.
(8)
All phases of construction, including minimum size line, excavation, trench, type pipe, backfill hydrants, tees and valves shall be in accordance with approved construction drawings, Department of Environmental Protection's standards and inspected by the Township Engineer, his authorized representative or the authority or agency representative of the utility company during the entire construction period.
§ 350-40 Motels.
In districts where permitted, motels shall be subject to the following additional regulations:
A.
The minimum lot area shall be one acre;
B.
Approved collection and treatment of anticipated sewage flows shall be documented, and each unit shall be provided with hot/cold water and complete toilet facilities;
C.
The perimeter of the lot shall be landscaped;
D.
If constructed as freestanding cabins/units, the minimum space between cabins/units shall be 20 feet and the minimum space between the fronts and rears of cabins/units shall be 60 feet.
F.
A plan shall be submitted showing the boundary of the property; access/egress points, sidewalks, and internal roads; plot plan; and utility plan.
§ 350-41 Municipal buildings and uses.
The requirements of this chapter shall not apply to any building of the municipality required for the convenience or welfare of the public.
§ 350-42 Sanitary landfills and transfer stations.
Sanitary landfills and transfer stations shall be permitted as a conditional use in the RI District subject to the following requirements:
A.
All activities must be in compliance with all applicable federal, state and local regulations.
B.
All activities must be entirely fenced with an opaque material at least 10 feet in height. A living fence shall not be substituted.
C.
Setbacks on all sides must be at least 300 feet.
D.
All access roads must be constructed to meet the requirements of the Pennsylvania Department of Transportation Form 408.
§ 350-43 Sign regulations.
A.
General requirements. The following regulations shall apply to all zoning districts:
(1)
Permits to construct, install and maintain signs shall be obtained from the Zoning Officer, and shall be in accordance with the requirements of the respective zoning district.
(2)
Signs may be erected and maintained only when in compliance with the provisions of this chapter and all other ordinances and regulations relating to the erection, alteration, or maintenance of signs.
(3)
Signs shall not contain moving mechanical parts or use flashing or intermittent illumination. The source of light shall be steady and stationary.
(4)
No sign shall be placed in a position, or have illumination that it will cause any danger or distraction to pedestrians or vehicular traffic.
(5)
Floodlighting of any sign shall be arranged so that the source of light is not visible nor glare is detected from any property line or vehicular access, and that only the sign is illuminated.
(6)
No sign, other than official traffic signs, shall be erected within the right-of-way lines of any street.
(7)
Every sign must be constructed of durable material and be kept in good condition. Any sign that is allowed to become dilapidated shall be removed by the owner, or, upon failure of the owner to do so, by the Township at the expense of the owner or lessee. The Zoning Officer shall make such determination as to state of repair. All violations shall be corrected within 60 days of receiving notice of violation.
(8)
No sign shall be erected or located as to prevent free ingress to or egress from any window, door, fire escape, sidewalk or driveway.
(9)
No sign shall be erected which emits smoke, visible vapors or particles, sound or odor.
(10)
No sign shall be erected which uses an artificial light source, or reflecting device, which may be mistaken for a traffic signal.
(11)
No sign shall be erected containing information that implies that a property may be used for any purpose not permitted under the provisions of this chapter.
(12)
No sign shall be placed on any tree except political signs, yard or garage sale signs, hunting and trespassing signs. Any political, yard or garage sale signs must be removed no later than five days after the cessation of the posted event.
(13)
The distance from ground level to the highest part of any freestanding sign shall not exceed eight feet in residential districts.
(14)
No freestanding sign shall be located within the public right-of-way.
(15)
Signs shall not project above the maximum building height permitted in any district in which they are located.
(16)
Signs necessary for the identification, operation, and protection of public utilities may be erected within the street right-of-way when authorized by the County Zoning Officer for a special purpose and for a specified time.
(17)
All signs erected along the right-of-way of a state highway shall be in accordance with the regulations of Pennsylvania Department of Transportation.
B.
Signs in the AR and RR Districts. Signs in the AR and RR Districts are subject to the following requirements:
(1)
Official traffic signs.
(2)
Identification signs, bulletin or announcement boards for schools, churches, hospitals, or similar institutions, for similar permitted uses, approved special exception uses and approved conditional uses:
(3)
Professional, home occupation, or name sign indicating the name, profession, or activity of the occupant of a dwelling, provided:
(a)
The area of any one side of any such sign shall not exceed two square feet.
(b)
One such sign shall be permitted for each permitted use or dwelling.
(c)
A sign indicating a permitted nonresidential use shall be erected on the property where that use exists.
(d)
The sign shall not be illuminated or animated.
(4)
Real estate signs, including signs advertising the rental or sale of premises, provided that:
(7)
Signs necessary for the identification and protection of public utility corporation facilities, provided that the area of one side of such sign shall not exceed four square feet.
(8)
Signs within a residential subdivision to direct persons to a rental office or sample unit within that subdivision provided that the area on one side of any such sign shall not exceed two square feet.
(9)
Trespassing signs and signs indicating the private nature of the premises. The area of any one side of such signs shall not exceed two square feet and the signs shall be placed at intervals of not less than 100 feet along any street frontage.
(10)
Sign denoting the name of a subdivision or development, provided that:
(11)
Freestanding signs, provided that no more than one freestanding sign, exclusive of all directional signs, shall be allowed on any one property.
C.
Signs in the RC, AC and RI Districts. Signs in the RC, AC and RI Districts are subject to the following requirements:
(2)
Commercial signs, provided that:
(a)
The total area on one side of all signs placed on or facing any one street frontage of any one premises shall not exceed 20 square feet, except in the case of a tract or building housing more than one commercial use.
(b)
In the case of a building, or tract of land housing more than one use, one permanent directory or identifying sign for the building or tract may be erected. The area on one side of said sign shall not exceed 40 square feet. In addition, for each use located within that building, or on the same lot, one wall-mounted sign shall be permitted. The area of such sign shall not exceed 12 square feet, and may be attached to that portion of the building housing in use.
(c)
No more than two separate signs shall face any one street frontage for any one use except in the case of a tract containing a directory sign.
(3)
Directional signs, provided that the area on one side of a directional sign shall not exceed two square feet.
(5)
Billboards, provided that:
(a)
Billboards shall be located no closer than within 1,000 feet of another billboard.
(b)
Billboards shall be a minimum of 50 feet from all side and rear property lines.
(c)
All billboards shall be set back at least 50 feet from any road right-of-way lines.
(d)
All billboards shall be set back at least 100 feet from any land within a residential district.
(e)
Billboards shall not obstruct the view of motorists on adjoining roads, or the view of adjoining commercial or industrial uses, which depend upon visibility for identification.
(f)
Billboards shall not exceed an overall size of 300 square feet nor exceed 25 feet in height.
D.
Signs in the REC Overlay District. Signs in the REC Overlay District are subject to the following, regardless of the nature of the underlying zoning district:
(1)
Official traffic signs.
(2)
Identification signs for permitted uses not exceeding two square feet.
(3)
Real estate signs, including signs advertising the rental or sale of premises, provided that:
(5)
Signs necessary for the identification and protection of public utility corporation facilities, provided that the area of one side of such sign shall not exceed two square feet.
(6)
Trespassing signs and signs indicating the private nature of the premises. The area of any one side of such signs shall not exceed two square feet and the signs shall be placed at intervals of not less than 100 feet along any street or trail frontage.
(7)
Mile markers for trails not exceeding one square foot.
E.
Existing signs. Existing signs at the time of the passage of this chapter are subject to the following:
(1)
Existing signs may be continued provided that all such signs shall conform to the general requirements as set forth in § 350-43A of this section.
(2)
Any sign existing at the time of the passage of this chapter that does not conform with the regulations of the district in which such sign is located shall be considered a nonconforming use and may continue in such use in its present location until replacement or rebuilding becomes necessary and/or ordered by the Township, at which time a zoning permit will be required and the sign brought into conformity with this chapter.
§ 350-44 Schools, hospitals and other public buildings.
In districts where permitted, these uses shall meet the following requirements:
§ 350-45 Screening requirements.
A.
It is the intent of the screening provisions to provide visual and auditory separation between potentially incongruous land uses. It is a further intent of the following provisions to provide flexibility to the developer or property owner to create effective concealment through performance design requirements below.
B.
Screening requirements shall be applicable under the following circumstances:
(1)
Where a proposed nonagricultural use abuts an agriculture use.
(2)
Where a proposed nonresidential use abuts an existing residential use.
(3)
Where any proposed multiple-family residential building of four or more dwelling units (including a retirement village, and mobile home park) abuts an existing single-family residential area;
(5)
Any other instance where screening is required by this chapter, or deemed necessary by the Township Supervisors or, if applicable, the Zoning Hearing Board.
(6)
Screening is not required if the features to be screened are set back 400 feet or more from the lot line along which screening would otherwise be required.
C.
In addition to the zoning district boundary areas described above, the following land development features shall be screened on the lot for which development is proposed:
D.
Site and district requirements.
(1)
For screening of features, screening may be located anywhere on the lot provided it effectively shields the features to be screened.
(2)
For a zoning district buffer, screening shall be located at the lot perimeter representing the zoning district boundary.
(3)
Screening may be interrupted for necessary driveways to the street, provided a gap in the screening is 30 feet maximum.
E.
Effective screening may be accomplished through the use of one or more of the following methods:
(1)
Placement of features to be screened behind an existing or proposed landform or berm.
(2)
Use of existing or proposed 90% opaque architectural barriers such as walls, fences and buildings, provided they are architecturally compatible with the style of buildings on the abutting lot(s) that necessitate the screening.
(3)
Use of existing woody vegetation masses, such as hedges, woodlands and hedgerows, provided they are preserved intact during construction on the site.
(4)
Proposed woody vegetation plantings such as trees and shrubs.
F.
Buffer/screen width located between divergent land uses shall be in response to the degree of land use conflict.
(1)
The width shall be as follows:
(a)
A minimum buffer of 75 feet width of existing or newly planted trees is required where any proposed commercial and/or industrial uses abut the AR, REC or RR Districts.
(b)
A minimum buffer of 25 feet width of existing or newly planted trees is required where a proposed residential use abuts the REC Districts. This screen shall also be required as an absolute minimum around proposed mobile home parks (see § 350-39).
(c)
A planted buffer of 25 feet width is required between any other incongruous land uses so deemed by the Township Supervisors or Zoning Hearing Board, as applicable for the specific conditional or special exception use.
(d)
The width of the buffer may be reduced by means of employing other methods as noted in § 350-45E above, as approved by the Zoning Officer (for permitted uses), Supervisors (for conditional uses), and the Zoning Hearing Board (for variances, special exceptions and appeals), however, in no case shall the buffer be narrower than as follows:
[1]
Commercial and/or industrial uses abutting the AR, REC or RR Districts: 25 feet.
[2]
Residential use abuts the REC District: 10 feet.
[3]
Other incongruous land uses so deemed by the Township Supervisors or Zoning Hearing Board, as applicable for the specific conditional or special exception use: 10 feet.
(2)
To meet the above screening requirements in part or in whole, existing wood lots and hedgerows should be utilized, if they exist.
G.
The following design standards shall guide the design of the buffer.
(1)
For areas requiring a screen width of 50 feet or more, a tree plantation or a combination of trees and shrubs is required.
(2)
Where trees are proposed for screening, at least one tree that normally achieves a height greater than 30 feet shall be planted for every 20 linear feet of distance required to be screened. Any resulting fraction of this division shall be rounded up to the next whole number. Location of the required trees is flexible.
(3)
Where proposed shrubs are used, the maximum distance between plant centers shall be eight feet.
(4)
At a minimum, screening shall be of sufficient height and density to constitute a continuous opaque screen in summer months to a height of six feet within a period of three years of planting.
(5)
Proposed trees and shrubs shall be healthy, typical of their species, have normal growth habits with well developed branches and vigorous root systems.
H.
The following performance standards affect the design and requirement of screening:
(1)
The developer should consider placing improvements on the land in a manner that would lessen the extent and cost of required screening. Examples of sensitive design include the following:
(2)
To assure compliance with screening requirements, the applicant shall provide a screening plan to enable the Township to access whether proposed screening will create an effective buffer at necessary points.
I.
The following maintenance requirements apply to all screening/buffering:
(1)
Any proposed tree or shrub planted for screening purposes that dies shall be replaced.
(2)
Any fence, wall or other architectural method utilized for screening shall be maintained in a structurally sound condition, and the surfaces facing the lot line shall be maintained for an attractive appearance.
(3)
Any landform or existing vegetation mass approved for screening shall not be altered or otherwise developed, except for usual maintenance.
(4)
The owner shall be responsible for continual maintenance of the screening. A note on the subdivision land development or site plans shall indicate this, and be signed by the applicant.
§ 350-45.1 Solar electric energy system and solar electric energy facility.
[Added 5-25-2021 by Ord. No. 2021-02]
In districts where permitted, these uses shall meet the following requirements:
A.
Design safety certification: The design of the solar electric energy system shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories (UL), IEEE, Solar Rating and Certification Corporation (SRCC), ETL, Florida Solar Energy Center (FSEC) or other similar certifying organizations.
B.
Uniform Constructions Code: The solar electric energy facility and the solar electric system shall be constructed to and comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999,[1] as amended, and any regulations adopted by the Pennsylvania Department of Labor and Industry as they relate to the UCC, except where an applicable industry standard has been approved by the Department of Labor and Industry under its regulatory authority.
[1]
Editor's Note: 35 P.S. §§ 7210.101 to 7210.1103.
C.
Visual appearance: power lines.
(1)
Solar electric energy facilities shall not be artificially lighted, except to the extent required by safety or by any applicable federal, state or local authority.
(2)
Solar electric energy facilities shall not display advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner.
(3)
On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.
D.
Warnings:
(1)
A solar electric energy facility shall be enclosed by a fence, barrier or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the property.
(2)
Clearly visible warning signs shall be placed on the fence, barrier or solar electric energy facility perimeter to inform individuals of potential voltage hazards.
E.
Property lines: All solar energy systems shall be set back from the nearest property line a distance of not less than the maximum setback requirements for that zoning classification where the system is located. The setback distance shall be measured from the closest edge of the solar energy system to the property line.
F.
A solar electric energy facility shall be sited in such a way that it presents no threat to traffic or public health and safety.
G.
Decommissioning:
(1)
The solar electric energy facility owner is required to notify the Borough/Township immediately upon cessation or abandonment of the operation. The solar electric energy facility shall be presumed to be discontinued or abandoned if no electricity is generated by such a system for a period of 12 continuous months.
(2)
The solar electric energy facility owner shall have 12 months in which to dismantle and remove the solar electric energy facility including all solar-related equipment or appurtenances related thereto, including, but not limited to, buildings, cabling electrical components, road, foundations and other associated facilities from the property. If the owner fails to dismantle and/or remove the solar electric energy facility within the established time frames, the municipality may complete the decommissioning at the owner's expenses.
(3)
At the time of issuance of the permit for the constructions of the solar electric energy facility, the owner shall provide financial security in the form and amount acceptable to the Borough/Township to secure the expense of dismantling and removing said solar electric energy facility and restoration of the land to its original condition, including forestry plantings of the same type/variety and density as the original.
(4)
Disturbed earth shall be graded and reseeded, unless the landowner requests, in writing, that the access roads or other land surface areas not be restored.
H.
Glare:
(1)
All solar electric energy systems shall be placed such that concentrated solar radiation or glare does not project onto nearby structures or roadways.
(2)
The applicant has the burden of proving that any glare produced does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
I.
Zoning permit shall be required for all solar electric energy systems. Prior to the issuance of a zoning permit, applicants must acknowledge, in writing, that the issuing of said permit for solar energy system shall not and does not create in the property owner, its, his, her or their successors and assigns in title or, create in the property itself: a) the right to remain free of shadows and/or obstructions to solar energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or b) the right to prohibit the development on or growth of any trees or vegetation on such property.
J.
Permit requirements:
(1)
Zoning/building permit applications shall document compliance with this section and shall be accompanied by drawings showing the location of the system on the building or property, including property lines. Permits must be kept on the premises where the solar electric energy system is constructed.
(2)
The zoning/building permit shall be revoked if the solar electric energy system, whether new or preexisting, is moved or otherwise altered, either intentionally or by natural forces, in a manner which causes the solar electric energy system not to be in conformity with this chapter.
(3)
The solar electric energy system must be properly maintained and kept free from all hazards, including, but not limited to, faulty wiring, loose fastenings, being in an unsafe condition or detrimental to public health, safety or general welfare. In the event of a violation of any of the foregoing provisions, the Zoning Officer shall give written notice specifying the violation to the owner of the solar electric energy system to conform or to remove the solar electric energy system.
K.
Roof-mounted and wall-mounted accessory solar energy system:
(1)
A roof-mounted or wall-mounted solar electric energy system may be located on a principal or accessory building.
(2)
Solar electric energy system mounted on roofs or walls of any building shall be subject to the maximum height regulations specified for principal and accessory buildings within each of the underlying Zoning Districts.
§ 350-46 Swimming pools (private).
Private swimming pools are permitted in the AR and RR Districts as accessory uses, subject to the following requirements:
A.
The pool shall be intended and shall be used solely for the enjoyment of the occupants and their guests of the principal use of the property.
B.
The pool shall be located in either the rear or side yard of the property.
§ 350-47 Traffic control, internal circulation, loading and off-road parking.
A.
To minimize traffic congestion and hazard, control road access and encourage orderly development of street frontage, the following regulations shall apply:
(1)
Every building erected or altered shall be on a lot adjacent to a public road or have access to a public road via an approved private road.
(2)
Where lots are created having frontage on expressways, arterial, and collector roads, any proposed development road pattern shall also provide frontage to local roads within the subdivision.
(3)
Each use with less than 100 feet of road frontage shall not have more than one ingress and egress lane to such road. No use with 100 feet or more of road frontage shall have more than two accessways to any one road for each 300 feet of road frontage. A common access point for two or more uses is encouraged, where practical, to minimize vehicular access points along roads classified other than local roads.
(4)
All driveways to any public road shall be located a minimum of 40 feet from any intersection of road center lines.
(5)
Provision shall be made for safe and efficient ingress and egress to and from public roads, without undue congestion or interference with normal traffic flow. The developer shall be responsible for the design and construction, and the costs thereof, of any necessary traffic control device and/or highway modifications required by the county, Township or the Pennsylvania Department of Transportation.
(6)
The maximum width of driveway entrances and exits onto a public road, measured at the road line and within the road right-of-way, shall be 14 feet for one-way driveways and 28 feet for two-way driveways. The radius of the edge of the driveway apron shall not exceed 25 feet.
B.
The following internal circulation regulations shall apply to multiple-family residential, commercial and industrial uses, unless otherwise specified:
(1)
Design of access aisles and drives.
(a)
Internal drives and service areas shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Egress to the road shall be in a forward direction.
(b)
Accessways, parking areas and loading areas shall have clearly defined parking bays and circulation designated by markings, curbs, and/or landscaped islands, so that patrons shall not impede traffic as a result of any confusion as to location of entrances and exits.
(c)
All interior drives and accessways shall be paved with an approved all-weather surfaces, and shall be graded, properly drained and maintained in a good condition. Interior drives shall have a maximum grade of 8%.
(d)
Minimum interior drive cartway widths (with no abutting parking):
Use | Two-Lane Two-Way Drives (feet) | One-Lane One-Way Drive (feet) |
|---|---|---|
Multifamily residential | 20 | 12 |
Commercial/office | 22 | 12 |
Industrial | 26 | 15 |
(e)
Common or shared access driveways to parking and loading areas are permitted and encouraged, provided landowners submit an agreement of maintenance responsibility.
(2)
Fire lane easements. Any use or building located more than 600 feet from a road shall provide a dedicated fire lane easement consisting of an unobstructed right-of-way width of 30 feet.
C.
For loading and unloading requirements in connection with any use, building or structure which requires the receipt or distribution of materials by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading and unloading berths in accordance with the following requirements:
(1)
Location. Loading and unloading areas shall not be located between the building setback line and street line, and loading facilities shall be screened in accordance with § 350-45.
(2)
Space allowed.
(a)
Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof.
(b)
Loading and unloading space shall be at least 12 feet wide with 14 feet of vertical clearance, and shall have an adequate maneuvering area.
(3)
Surface. Loading and unloading areas shall have an all-weather cohesive and dust-free surface.
D.
Off-street parking requirements are subject to the following:
(2)
Off-street parking facilities existing at the effective date of this chapter shall not be reduced to an amount less than that required under this chapter for a similar new building or use.
(4)
Location.
(a)
All parking spaces shall be on the same lot as the principal building except herein described. Parking spaces may be located within a structure or in the open.
(b)
The parking spaces may be located elsewhere than on the same lot when authorized by the Zoning Hearing Board, subject to some portion of the off-street parking area being within 300 feet of an entrance, regularly used by patrons.
(c)
For all residential dwellings, the parking spaces shall be within 100 feet of the dwelling unit they serve.
(d)
No parking or paved area shall directly abut a street.
(5)
Size and design of parking lot.
(a)
In the layout of parking lots, standard parking dimensions shall be utilized.
(b)
Up to 1/3 of the total parking spaces may be designed for compact vehicles.
(d)
Parking lots for commercial and residential uses shall be illuminated at night.
(e)
Parking lots shall have an all-weather cohesive dust-free surface.
(f)
Parking lots shall have a minimum slope of 1% and a maximum slope of 5%. Stormwater runoff shall not be directed across pedestrian walkways or other lots.
(6)
Handicapped parking. The following shall apply to commercial, industrial, office, institutional, and educational uses:
(a)
If the total number of required parking spaces exceeds 20, a minimum of 2% of the total number of parking spaces, but not less than two parking spaces, shall be designed for physically handicapped persons.
(b)
Said spaces shall be most accessible and approximate to the building or buildings that the parking spaces shall serve.
(c)
Each space or group of spaces shall be identified with a clearly visible marking displaying the international symbol or access.
(d)
Each space shall be 12 feet wide and shall abut a level, paved surface.
E.
Specific parking requirements for various uses in each district shall be as follows:
(2)
Parking for public and semipublic uses.
(a)
Places of worship or other public auditorium: one parking space for every three seats provided for assembly.
(b)
Nursing and convalescent homes: one parking space for every three beds, plus one space for each employee on the largest shift.
(c)
Clinic and medical: five patient spaces per doctor and one space for each staff member.
(d)
Family care centers: one space for each employee and an off-street loading and unloading area to accommodate one space for each six children cared for in the center.
(e)
Parks/playgrounds that include spectator seating: one parking space for every three seats.
(f)
Schools: one space per 600 square feet of gross floor area.
(g)
Hospitals: three spaces per bed.
(h)
Assembly halls: one space per four seats.
(3)
Parking for commercial uses.
(a)
Retail stores and commercial uses: one parking space for every 300 square feet of floor space used for sales purposes and one space for each employee.
(b)
Supermarkets and dairy stores: one parking space for every 200 square feet of floor space used for sales purposes and one space for each employee.
(c)
Eating and drinking establishments: one parking space for every 2 1/2 seats for patron use and one space for each employee.
(d)
Drive-in and fast-food restaurants: one space for every 10 square feet of floor area and one space for each employee.
(e)
Bowling alleys: five parking spaces for each pair of lanes and one space for each employee.
(f)
Skating rinks: one space for every 100 square feet of skating area and one space for each employee.
(g)
Billiard and pool rooms: two spaces per billiard or pool table and one space for each employee.
(h)
Miniature golf and driving ranges: one space per hole and one space for each employee.
(i)
Golf courses: four spaces per hole and one space for each employee.
(j)
Animal kennels: one parking space for every three kennel runs and one space for each employee.
(k)
Office buildings and professional offices: one parking space for each 200 square feet of floor area or fraction thereof.
(l)
Motels, hotels and tourist homes: one parking space for each unit and one space for each employee on the largest shifts.
(m)
Barber and beauty shops: two parking spaces per shop plus 1 1/2 spaces per chair.
(n)
Shopping centers: one parking space for each 350 square feet of gross floor area or fraction thereof.
(o)
Home occupations: two parking spaces for each dwelling unit, one space for each nonresident employee.
(p)
Gasoline service stations and car washes: one parking space for each employee on the largest shift.
(4)
Parking for industrial uses. The total parking area shall be 25% of the building's gross floor area. Space shall also be provided for visitors and handicapped.
§ 350-48 Trailer/recreational vehicle parks.
In districts where permitted, these uses shall be subject to the following requirements:
A.
Access/egress points, internal roads and walkways shall be stabilized, lighted and maintained in good condition;
B.
The minimum size of a campsite shall be 2,000 square feet;
C.
The minimum length of a campsite shall be 40 feet;
D.
The minimum spacing between each trailer/RV shall be 20 feet;
E.
Each campsite shall have space for the parking of one vehicle, and each trailer/RV site shall have space for one additional vehicle; and
F.
The above site issues shall be depicted on a scale plan submitted at the time of application.