West Hempfield Township
City Zoning Code
City Zoning Code
ARTICLE 700
Supplemental Regulations
§ 701.1 Reduction of lot area.
No lot shall be reduced that the area of the lot or the dimensions of the required open spaces shall be less than herein specified.
§ 701.2 Space regulations.
No yard or other space provided about any building or structure for the purpose of complying with this ordinance shall be considered as a yard or other open space for another building or structure.
§ 701.3 Obstruction to vision and safety.
A.
On any lot, no wall, fence, or other structure shall be erected, altered, or maintained, and no hedge, tree, or other growth shall be planted or maintained which may cause danger to traffic on a street by obscuring the view.
B.
On corner lots, no such structure or growth shall be permitted above the height of 2 1/2 feet or as may result in a visual obstruction to the driver within an area which is formed by a triangle where the two legs of the triangle extended 100 feet from the centerline intersection of the two intersecting streets.
C.
On corner lots, no posts, boulders or structures shall be permitted within the rights-of-way.
§ 701.4 Fences and walls.
No fence or wall, except agricultural fences or required and permitted buffer fences or walls, or a retainer wall of a building permitted under the terms of this ordinance shall be erected to a height of more than three feet in a front yard or more than six feet in any other yard. No fence or wall shall be located within any clear sight triangle required by this ordinance or the Township Subdivision and Land Development Ordinance.[1] No fence or wall shall block motorists' view of vehicles entering or exiting the property. Fences or walls within the front yard shall be a minimum of one foot behind the street right-of-way line. Fences or walls may exceed six feet in height provided they are located to the rear of the building or dwelling and meet the required set back of the zoning district for accessory structures. The maximum height of such fences or walls shall be eight feet. No electric fences shall be permitted on a residential lot. Maintenance of fencing shall be considered when the fence is erected.
§ 701.5 Height, lot area and coverage exceptions.
A.
All buildings and structures shall be subject to the maximum height regulations specified within each zoning district except chimneys, spires, poles, antennas, towers, water storage tanks, signs, elevators, flagpoles, silos, windmills, farm accessory buildings and any other similar structures; provided, however, no penthouse, roof structure, nor any space above the height limit specified for each zoning district shall be allowed for the purpose of providing additional floor space for residential or commercial use. Provided, further, the height of any such structure or projection shall not exceed 750 feet, unless the following criteria have been satisfied:
1.
Certification from a commonwealth-registered engineer that the proposed height of said use does not extend above the permitted height ceiling depicted on the Airport Hazard Area for Lancaster Airport Map; and
2.
The applicant shall furnish a letter from the Lancaster Airport Authority providing sufficient information for the Zoning Officer to determine whether the proposed use would violate the permitted height restrictions listed in the Federal Aviation Regulations No. 77 or any future amendment thereof.
Should a disagreement occur as to compliance with the height restrictions set forth herein, the Zoning Hearing Board shall conduct a hearing and render a decision regarding the matter in accordance with Section 1005 of the Zoning Ordinance and the applicable provisions of the Pennsylvania Municipalities Planning Code. |
B.
No building shall be erected which shall exceed the maximum height established for such use in the zoning district in which the building is located; provided, however, that such maximum height may be increased by one foot for each additional one foot that the width of each yard setback exceeds the minimum setback. The maximum height of any building shall not exceed 50 feet, and no building shall exceed five stories. Each building exceeding the maximum height established for such use in the zoning district in which the building is located in accordance with the authorization of this subsection shall have fire suppression systems in accordance with the most current BOCA National Building Code, BOCA National Fire Prevention Code, and Pennsylvania Department of Labor and Industry standards. The provisions of this subsection shall not be applicable to agricultural buildings.
§ 701.6 Yard requirements for corner lots.
A front yard as provided for in the area and lot requirements for the various districts shall be required on each street on which a corner lot abuts. The remaining two yards shall be side yards.
§ 701.7 Structures to have access.
Every principal structure hereafter erected or moved shall be located upon a lot which abuts a public street or which abuts a private street which is constructed in accordance with the requirements for private streets in the Township Subdivision and Land Development Ordinance[1] or which meets the construction standards for public streets in the Township Road Ordinance and Township Subdivision and Land Development Ordinance. The erection of structures without approved access shall not be permitted.
§ 701.8 Erection of more than one principal building on a lot.
More than one principal building or structure may be erected on a single lot provided that the requirements of the Township Subdivision and Land Development Ordinance are met and all lot area, coverage, yard and setback requirements and all other applicable requirements of this ordinance and all other Township Ordinances are met as though each principal building were located on a separate lot. The applicant for a zoning permit for the additional principal structure shall provide the Zoning Officer with evidence of the recording of an approved land development plan and shall demonstrate to the satisfaction of the Zoning Officer that each principal structure shall have suitable access as defined in § 701.7 herein in order that such access requirement shall be met if the lot is subdivided in the future. If more than two principal structures each of which shall contain one or two residential units are to be erected upon a single lot, then an internal street system shall be provided which shall be designed to enable future subdivision of the lot into a separate lot for each principal residential structure. The internal street system shall be designed and installed in accordance with the requirements for public streets contained in the Township Subdivision and Land Development Ordinance. Such internal street system shall be included on the land development plan, and financial security to secure its completion shall be posted in accordance with the requirements of the Township Subdivision and Land Development Ordinance.
§ 701.9 Sale of farm products.
Where the display and sale of farm products are permitted, it shall be provided that:
A.
At least 50% of such products shall have been produced on the property on which they are offered for sale or on property contiguous to the property on which they are offered for sale.
B.
Parking space for at least three cars shall be provided on the lot. Where building area exceeds 600 square feet, one additional parking space shall be provided for each additional 200 square feet of building area.
C.
Sale of farm products shall be conducted from a portable stand, dismantled at the end of the growth season, or from a permanent building under the following conditions:
§ 701.10 Community utilities.
The location of any structure, building or other installation for the purpose of servicing any community utility may be located within any zoning district subject to the following regulations:
A.
A plan shall be filed with the Zoning Officer indicating the location of all existing and proposed structures, buildings or other installations.
B.
No building, structure, or other installation shall be nearer than 15 feet to any property line unless the specific nature of a utility warrants its placement elsewhere.
C.
Any building, structure, or other installation shall be subject to the requirements of Article 800.
D.
No minimum lot size shall be required for the purpose of servicing any community utility except as may be required to comply with other regulations regarding setbacks, etc.
§ 701.11 Wetlands.
Development of any tract containing wetlands shall comply with the applicable rules and regulations of the United States Army Corps of Engineers and the Department of Environmental Resources of the Commonwealth of Pennsylvania.
§ 701.12 Utility sheds.
Utility sheds may be erected in accordance with the following provisions:
A.
A utility shed shall not be erected to the side of any dwelling and must be located to the rear of the dwelling.
B.
A utility shed shall be erected not less than three feet from any rear or side lot line, provided it is not within any easement or right-of-way.
C.
A utility shed shall not have a floor area exceeding 200 square feet nor a height in excess of eight feet at the eave and 10 feet at the peak.
D.
Not more than one utility shed shall be permitted per residential lot of one acre or less in area.
§ 701.13 Garage/yard sales.
Within any district, an owner and/or occupant may conduct up to two garage/yard sales per year. No garage or yard sale shall be conducted for a period longer than two consecutive days. Such sales may offer for sale personal possessions; no import or stocking of inventory shall be permitted. Only one four-square-foot sign shall be permitted advertising the garage/yard sale. Such sign shall be located upon the premises where the sale occurs and shall be removed promptly upon the completion of the sale. Sales are permitted between the hours of 8:00 a.m. to 6:00 p.m. In no case shall any aspect of the garage/yard sale be conducted in a street right-of-way. The conduct of garage sales beyond the extent described herein represents a commercial business and requires appropriate zoning authorization.
§ 701.14 Truck or large vehicle parking and storage.
A.
Within any zoning district, no truck-trailers, vans, motor homes, mobile homes, or any similar vehicle or equipment shall be parked or stored beyond a period of 30 days which sole purpose is the storage of goods or materials. All vehicles awaiting use shall be properly licensed and shall not be parked within any yard area. These units shall be parked temporarily as they await products or goods for shipment. Licensed empty trailers may be parked at approved freight or truck terminals beyond 30 days.
B.
The storage or parking of any commercial truck upon any residentially zoned lot or lot used principally for residential purposes is prohibited. For purposes of this section, commercial trucks shall include those that exceed a one-ton capacity. In addition, the parking or storage of any trailer other than those accessory to a principal residential use is expressly prohibited on any residentially zoned lot or lot used principally for residential purposes.
§ 701.15 Recreation vehicles.
Recreation vehicles, trailers and boats (including boat trailers) may be parked or stored in any zoning district subject to the following regulations:
A.
Parking or storage is permitted at any time inside an enclosed structure, which structure conforms to the zoning requirements of the particular district.
B.
Parking or storage is permitted outside only in the side yard, the rear yard, or partially in both, provided:
1.
Inside parking or storage is not possible.
2.
The unit is not located nearer than three feet to the side or rear lot line.
3.
The unit can be parked or stored in a safe and secure manner so as not to be a hazard to either persons or property.
4.
The unit shall be located behind the building line of the dwelling.
C.
While parked or stored, a recreation vehicle, trailer or boat shall not be:
1.
Used or occupied for dwelling purposes, except for sleeping by visitors of the owner or occupant of the lot for a period not exceeding 14 days in any one calendar year.
2.
Permanently or temporarily connected to sewer lines, or permanently connected to water or electrical lines. A unit may be temporarily connected to water and electric lines while used during the times specified in Subsection C.1 or while being loaded, unloaded or serviced as provided in Subsection D hereof.
3.
Used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.
E.
A maximum of one unit may be stored on any lot of 10,000 square feet or less. In no instance shall any lot contain more than two units stored outdoors, unless it is a Township-approved storage facility.
§ 701.16 Ornamental ponds and wading pools.
All ornamental ponds and wading pools located within any district shall be subject to the following criteria:
A.
Such structures shall comply with all accessory use setbacks.
B.
No such impoundment shall contain more than 26.6 cubic feet of water (200 gallons). All ponds, pools or other water impoundments exceeding the requirements of this section shall be subject to applicable DER and County Soil Conservation practices and controls.
C.
No such impoundment shall have a length or diameter exceeding 15 feet. The maximum depth shall not exceed 30 inches.
D.
All such ponds or pools shall be maintained so as not to pose a nuisance by reason of odor, or the harboring of insects.
E.
No such pond(s) shall be used for the commercial hatching of fish or other species.
§ 701.17 Minimum habitable floor area.
Each dwelling unit of the type set forth below shall have a minimum habitable floor area as follows:
§ 701.18 Outdoor storage of trash, rubbish, and recyclable materials.
Outdoor trash, rubbish, and recycling collection areas shall be located with an emphasis upon shielding the site from public view and to shield with landscaping the area near the site to minimize any detrimental effects upon neighboring properties. The site shall follow the guidelines as listed:
A.
No collection site shall be located within any front yard area or along any street frontage.
B.
The collection site shall be a minimum of 10 feet from any side or rear property line.
C.
Each site shall be screened with a six-foot stockade fence or basket weave fence. Landscaping with shrubbery and trees is also required.
D.
The maximum area of each site shall not exceed 200 square feet.
E.
Daily inspections by the property owners or tenants shall be conducted to collect any loose debris near the container and insure animals, rodents, and vermin are not inhabiting the area.
§ 701.19 Outdoor stockpiling and accumulations.
The following regulations shall apply in all zoning districts:
A.
No outdoor stockpiling of any material or outdoor storage of trash is permitted in the front yard. In any residential district, the outdoor stockpiling of materials (except firewood) for more than 30 days is prohibited.
B.
The outdoor accumulation of trash, garbage, refuse, or junk for a period exceeding 15 days is prohibited.
C.
The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only yard/garden waste materials from the residential site shall be deposited within the compost, and in no cases shall meat or meat by-products be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.
§ 701.20 Antennas.
The unique shape, reception and height requirements of antennas present an array of concerns relating to the health, safety and aesthetic integrity of the Township. Therefore, it is the intent of this ordinance to impose reasonable regulations concerning such devices without infringing upon rights granted by the Federal Communications Commission (FCC). If an applicant can demonstrate that such rights would be violated due to unique site constraints or other such conditions, the applicant shall be exempt from only those requirements which create such hardships. The following requirements shall apply to all applicable antennas:
A.
Within rural and residential districts, no more than one satellite dish antenna shall be permitted on a property. Additionally, in such zoning districts antennas shall not exceed 45 feet in height, measured from the top of the antenna to the ground level.
B.
The following antennas are permitted within commercial and industrial districts subject to all applicable requirements of this section.
C.
Antennas shall not be located in the front yard of any property unless such a location is completely screened from view of all adjacent properties and roads.
D.
Satellite dish antennas which are not roof-mounted or tower-mounted shall comply with the following:
1.
The diameter of the dish shall not exceed 12 feet.
2.
No portion of the structure shall exceed 15 feet in height.
3.
Such structures shall be set back from all adjacent properties a minimum of 10 feet or a distance equal to the height of the satellite dish antenna, whichever is greater.
4.
Satellite dish antennas shall be surrounded by a complete visual barrier composed of evergreen plantings which are at least four feet in height when planted on site and which will achieve a mature height sufficient to screen the entire antenna from the ground floor elevations of adjoining properties. If such screening will impair the reception of the antenna, the applicant shall demonstrate that such is the case and shall install evergreen plantings which, when mature, will be maintained at a height which is within two feet of the determined height of interference. Screening must be planted within six months of the antenna installation date.
5.
All satellite dish antennas shall be properly anchored and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area.
6.
A zoning permit shall be obtained prior to the installation of a satellite dish antenna. The permit application shall demonstrate compliance with this ordinance and all other applicable municipal regulations.
§ 701.21 Animals or birds and animal shelters.
Animals or birds and animal shelters shall be permitted as accessory uses and accessory structures to residential uses in any zoning district subject to the following standards:
A.
In all zoning districts, animals or birds which are maintained as accessory to a residential use shall be maintained only on a noncommercial basis.
B.
In all zoning districts, animals or birds which are maintained as accessory to a residential use shall meet the following criteria:
1.
Such animal or bird shall be customarily maintained as a domestic pet within Lancaster County, Pennsylvania. Animals or birds which are within the definition of the term "exotic wildlife" in the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A., Subsection 2961, or within the definition of "game animals" or "game birds" in the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 102, shall not be considered to be animals or birds which are customarily maintained as domestic pets within the county.
2.
No animal or bird which shall require the keeper to obtain an exotic wildlife possession permit from the Pennsylvania Game Commission may be maintained as an accessory use.
C.
Any shelter and/or exercise pen which is constructed for the use of the animals shall be located in the rear yard at least 10 feet from any lot line and at least 30 feet from the nearest dwelling other than the dwelling of the owner of the animal. Any means of confinement of such animal, including but not limited to chains and tethers, shall be located so that the animal cannot run closer than 10 feet to any property line or closer than 30 feet to the nearest dwelling other than the dwelling of the owner.
D.
Any shelter and/or exercise pen shall be screened from adjoining properties by the installation of fencing or a landscape screen.
E.
In any zoning district, unless otherwise regulated by provisions of this ordinance or unless on a farm, it is permitted to maintain as an accessory use to a residential dwelling no more than three dogs, cats, and/or similar animals and/or pigeons or other birds commonly maintained as domestic pets over six months of age as domestic pets as of right. The noncommercial keeping of more than a total of three dogs, cats or similar domestic animals and/or birds as an accessory use to a residential dwelling shall be permitted by special exception, provided that the applicant complies with all of the requirements for the granting of a special exception to establish a kennel set forth in §§ 301 and 804.3 of this ordinance and also meets the requirements of this section.
F.
In any zoning district, unless otherwise regulated by provisions of this ordinance or unless on a farm, it is permitted to maintain one or more horses as an accessory use to a residential dwelling; provided, however, that the minimum lot size shall be three acres for the keeping of a single horse and the minimum lot size shall be increased by one acre for each additional horse. The keeping of such horse or horses and the manure storage facility shall meet all requirements of this section and all of the performance standards set forth in § 804.1 except as specifically modified by this section.
G.
No manure storage facility or area shall be established closer than 100 feet to any property line.
§ 701.22 Individual on-lot sewage disposal systems.
A.
The minimum lot area for all lots which utilize individual on-lot sewage disposal systems for disposal of wastewater shall be one acre.
B.
Every use which relies upon an individual on-lot sewage disposal system for the disposal of wastewater shall be required to properly maintain and repair such system.
§ 701.23 Unlicensed and uninspected and/or inoperable vehicles.
Automotive vehicles, including inoperable motor vehicles and/or trailers of any kind or type, without a current license plate and current inspection shall not be parked or stored on any property in excess of 30 days unless such vehicle shall be located within a completely enclosed building.
§ 701.24 Municipal uses.
Municipal uses shall be permitted as uses of right within all zoning districts. Municipal uses shall be exempted from minimum lot area, minimum lot width, minimum lot depth, yard, impervious surface area, off-street parking, landscaping and all other requirements of this ordinance.
§ 701.25 Geothermal energy systems.
[Added 8-3-2010 by Ord. No. 4-10]
Open loop geothermal systems shall not be permitted in the Township. Closed loop geothermal systems shall be permitted in all zoning districts and shall be subject to the following regulations:
A.
The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the ANSI, the IGSHPA, ASTM, the ARI, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable Township requirements. The manufacturer specifications shall be submitted as part of the application, and the applicant shall provide documentation to demonstrate that the design complies with and the installation shall comply with applicable industry standards.
B.
In all closed loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food-grade propylene glycol shall be permitted.
C.
All parts of the geothermal system shall be located a minimum distance of 10 feet from any property line.
D.
All parts of the geothermal system shall be located a minimum distance of 25 feet from any on-lot wells.
§ 701.26 Small solar energy system.
[Added 8-3-2010 by Ord. No. 4-10]
Small solar energy systems shall be permitted in all zoning districts as appurtenances to any building or as accessory structures and shall be subject to the following regulations:
A.
The design and installation of small solar energy system shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
B.
All small solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent lots as well as adjacent street rights-of-way.
C.
All on-site utility and transmission lines extending to and from the small solar energy system shall be placed underground.
D.
No part of any small solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any lot.
E.
Small solar energy systems mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district. The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound.
F.
Small solar energy systems which are ground-mounted or detached from the principal or accessory structure shall not exceed 15 feet in height.
G.
The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Township prior to the issuance of a certificate of use and occupancy for the small solar energy system. Off-grid systems shall be exempt from this requirement.
§ 701.27 Small wind energy system.
[Added 8-3-2010 by Ord. No. 4-10]
Small wind energy systems shall be permitted in all zoning districts as accessory uses and accessory structures and shall be subject to the following regulations:
A.
The design and installation of all small wind energy systems shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
B.
No more than one small wind energy system shall be permitted per lot.
C.
Small wind energy systems shall not generate noise which exceeds 55 decibels measured at any property line.
D.
Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA.
E.
All on-site utility and transmission lines extending to and from the small wind energy system shall be placed underground.
F.
No part of any small wind energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any lot.
G.
All small wind energy systems shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.
H.
The maximum height of any small wind energy system shall not exceed 50 feet, except that the maximum height shall be increased to 85 feet in the Rural Agricultural District.
1.
No portion of any small wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
I.
The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground.
J.
All small wind energy systems shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbine's climbing apparatus shall be limited to no lower than 15 feet from the ground, or the wind turbine's climbing apparatus shall be fully contained and locked within the tower structure.
K.
Small wind energy systems shall not display advertising, except for reasonable identification of the small wind energy system's manufacturer. Such sign shall have an area of less than four square feet.
L.
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet, and shall comply with the accessory building requirements specified within each zoning district.
1.
Accessory buildings shall not be located within any front yard or along any street frontage, nor within any required setback of any lot.
M.
The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Township prior to the issuance of a certificate of use and occupancy for the small wind energy system. Off-grid systems shall be exempt from this requirement.
N.
The owner of the small wind energy system shall, at the owner's expense, complete decommissioning within 12 months after the end of the useful life of the small wind energy system. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.
O.
The owner of the small wind energy system shall provide evidence that the owner's insurance policy has been endorsed to cover damage or injury that might result from the installation and operation of the small wind energy system.
§ 701.28 Outdoor hydronic heaters.
[Added 8-3-2010 by Ord. No. 4-10]
Outdoor hydronic heaters shall be permitted in all zoning districts as accessory uses and accessory structures and shall be subject to the following regulations:
A.
The design and installation of outdoor hydronic heaters shall conform to applicable industry standards, including those of the EPA, the ANSI, the ASTM, Underwriters Laboratories (UL), or other similar certifying organizations, and shall comply with the Building Code and with all other applicable Township requirements. The manufacturer specifications shall be submitted as part of the application.
B.
Unless otherwise specified, only outdoor hydronic heaters qualifying for or better than the EPA Phase 2 voluntary program for outdoor hydronic heaters shall be permitted.
C.
In addition to the types of wood meeting the definition of "clean wood," outdoor hydronic heaters shall also be permitted to burn:
D.
In addition to the types of wood not meeting the definition of clean wood, outdoor hydronic heaters shall not be permitted to burn:
E.
No more than one outdoor hydronic heater shall be permitted per lot.
F.
No outdoor hydronic heater shall be located within any front yard, along any street frontage, nor within any required setback of any lot.
G.
All outdoor hydronic heaters shall be located a minimum distance of 150 feet from any property line, street right-of-way, and any property line with an inhabited dwelling not located on the lot on which the outdoor hydronic heater is proposed.
H.
All outdoor hydronic heaters shall have a permanent attached stack. The minimum height of all stacks shall be 25 feet above the ground or three feet in excess of the height of any inhabited structure within 150 feet not located on the lot upon which the outdoor hydronic heater is proposed, whichever is greater.
I.
Outdoor hydronic heaters shall be maintained and operated in compliance with all emissions of air quality standards promulgated by EPA, the DEP, or other relevant state or federal agency including emissions of dust and particulates.
J.
In no case shall emissions from the outdoor hydronic heaters be detectable beyond the lot on which the outdoor hydronic heater is located, interfere with the reasonable enjoyment of life or property of neighbors, cause damage to vegetation or property of neighbors, nor be harmful to human or animal health.
K.
Outdoor hydronic heaters shall not be operated before October 1 or after April 30 of each calendar year.
§ 702.1 Residential conversion.
A single-family detached dwelling existing on March 14, 1978, may be converted into, and used as, a two-family dwelling, in those zoning districts where permitted by Article 300 or 400 of this ordinance, when authorized as a special exception in accordance with the following standards and criteria:
A.
Drawings for the conversion of said dwelling shall be submitted to the Zoning Hearing Board, accompanied by certificates of approval from any governmental agencies or other entities having jurisdiction, where two families are to be housed above the ground floor.
B.
Such drawings shall provide adequate and suitable parking space at a safe distance from the public highway. There shall be at least three parking spaces per dwelling unit.
C.
Such dwelling shall be subject to the height, area, width and yard regulations effective in the district wherein such dwelling is situated except that there shall be a lot area not less than the product of the minimum lot area prescribed in the district regulations and the number of families for the use for which such dwelling is to be converted.
D.
There shall be no external alteration of the building except as may be necessary for reasons of safety, and fire escapes and outside stairways shall, where practicable, be located in the rear of the building.
E.
No dwelling unit shall have less than 800 square feet of floor area.
F.
The Zoning Hearing Board may prescribe such further conditions and restrictions with respect to the conversion and use of such dwelling, and to the use of the lot, as the Board may consider appropriate.
G.
If such single-family detached dwelling is served by an individual on-lot sewage system, the applicant shall present evidence that such sewage system has been designed so that it has a capacity to properly treat and dispose of the sewage to be generated by the additional dwelling unit and that it has been properly maintained, unless the system shall be suitably expanded and/or repaired. Any connections to and/or expansion of and/or repair of the individual on-lot sewage disposal system shall be reviewed by the Township Sewage Enforcement Officer. The applicant shall present evidence of such review and all necessary approvals.
§ 702.2 Nonresidential conversion.
The conversion of a residential dwelling in any district into a permitted nonresidential use is permitted subject to the following regulations.
A.
The proposed use shall comply with the yard, area, off-street parking, and other requirements of the applicable district.
B.
No existing yards or required open space shall be reduced to less than the requirements of the applicable district governing a permitted use.
C.
No living accommodation or sleeping quarters shall be authorized except such as accessory use as is permitted in the applicable district.
D.
The off-street parking and sign regulations of this ordinance shall apply.
E.
All other supplemental regulations of this ordinance applicable to the proposed use shall apply.
§ 702.3 Structures on steep slopes.
A.
For purposes of this ordinance, steep slopes shall include land with a grade of 20% or greater as may be determined by a survey of a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
B.
A residential building or portion thereof may be constructed on a slope whose grade exceeds 20% if the building is constructed in such a manner which does not disturb the existing grade and natural soil conditions. A statement prepared by a registered architect, landscape architect or engineer with an explanation of the building methods to be used in overcoming foundation and other structural problems shall be submitted to the Zoning Officer. Such statement shall include an explanation of the manner by which the natural watershed will be maintained and soil erosion prevented.
§ 702.4 Mobile homes for agricultural use.
A.
The placement of a mobile home in connection with a farming activity may be permitted by the Zoning Hearing Board pursuant to the application procedures for a special exception, provided that the following conditions are met:
1.
The mobile home shall be an accessory use to an agricultural operation.
2.
Not more than one mobile home shall be permitted per farm.
3.
At least one resident of the mobile home shall be employed full-time on the same farm on which the mobile home is placed.
4.
The mobile home shall be set back a minimum of 100 feet from any road right-of-way.
5.
A certificate of use and occupancy as set forth in this ordinance shall be renewed annually to determine compliance with this subsection. Failure to meet such occupancy requirement shall result in the removal of the mobile home from the premises.
6.
Each mobile home shall be provided with an approved water supply and approved sewage disposal system.
B.
The applicant shall obtain land development approval for the placement of the mobile home in accordance with the requirements of the applicable subdivision and land development regulations prior to such placement.
§ 702.5 Mobile home park.
Mobile home parks are permitted only in the commercial district as a special exception and are subject to the following regulations:
A.
A permit to construct or make alterations to a mobile home park shall be issued only after a plan has been filed with, and approved by, the Zoning Hearing Board. The Board shall require that the surrounding area be satisfactorily protected by planting or other suitable buffer or screening arrangements.
B.
Each mobile home park shall contain a minimum of five acres.
C.
When the mobile home park is served by a public sewer system, there shall be a maximum of five mobile home spaces per acre. When individual on-site subsurface sewage disposal systems are used, there shall be a maximum of two mobile home spaces per acre.
D.
Each mobile home space shall be provided with a hard surfaced mobile home stand which has a foundation that will not heave, shift, or settle unevenly because of frost action, inadequate drainage, vibration or other forces acting on the superstructure. Each mobile home stand shall be equipped with properly designed and approved water, sewer and electrical connections.
E.
All mobile homes located in a mobile home park shall have a minimum of 800 square feet of floor space.
F.
Each mobile home space shall be at least 50 feet wide.
G.
There shall be a minimum of 30 feet between mobile homes and 20 feet between mobile homes and any off-street parking space.
H.
No mobile home shall be closer to the street right-of-way line of a public street than the minimum requirements set forth in this ordinance.
I.
All mobile homes shall be a minimum of 50 feet from the mobile home park boundary line.
J.
All roads in the park shall be private driveways, shall be lighted and shall be paved with a bituminous or concrete surface at least 24 feet wide. The construction shall be according to the specifications applicable to standard Township streets.
K.
Each mobile home space shall abut on a park driveway with access to such driveway. Access to all mobile home spaces shall be from the driveways and not from public streets or highways.
L.
Each mobile home space shall contain no more than one mobile home, nor more than one family.
M.
Service and accessory buildings located in a mobile home park shall be used only by the occupants and guests of the mobile home park.
N.
Each mobile home park shall have a structure clearly identified as the office of the mobile home park manager. A copy of the park permit and of this ordinance shall be posted therein and park register shall at all times be kept in said office.
O.
Each mobile home space shall be provided with a minimum of two paved parking spaces on bituminous or concrete surface. Each space shall be accessible without having to cross over the other space.
§ 702.6 Home occupation.
A.
No multiple-family or single-family attached dwelling may contain a home occupation.
B.
The practice of an occupation shall be permitted, provided that practitioner is a resident of the dwelling unit.
C.
Such occupations shall be incidental or secondary to the use of the property as a residence and are limited to those occupations customarily conducted within a dwelling unit.
D.
Three off-street parking spaces in addition to those required of residence units shall be required.
E.
No person not residing in such dwelling unit shall be employed by the practitioner of the occupation.
F.
The area used for the practice of a home occupation shall occupy no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less.
G.
No manufacturing, repairing, or other mechanical work shall be performed in any open area. Such activity shall be conducted in such a way that no noise, odor, vibration, electro-magnetic interference, or smoke shall be noticeable at or beyond the property line.
H.
No storage of materials or products shall be permitted in open areas.
I.
The exterior appearance of the structure or premises is constructed and maintained as a residential dwelling.
J.
No goods are publicly displayed on the premises other than signs as provided herein.
K.
No retail sales shall be permitted on the premises.
L.
Except as set forth in this subsection, barber shops, beauty shops, photography studios and other professional offices, such as dentist, doctor, insurance agent, and attorney offices, shall not be permitted as home occupations. Within the Rural Agricultural District, beauty and barber shops of one chair may be permitted as a home occupation. The applicant for such a home occupation shall present a certification from the sewage enforcement officer that the on-lot sewage disposal system is sized and designed to handle the sewage flows which will be generated by this proposed use.
§ 702.7 Adult establishment.
A.
No adult establishment shall contain any other kind of adult establishment, i.e., an adult bookstore shall not be operated in conjunction with an adult motion picture theater.
B.
No more than one adult establishment shall be permitted in any one building.
C.
No adult establishment shall be located within the following distances measured in a straight line without regard to intervening structures from the closest point in any direction of the building within which the adult establishment is located to the closest point of the following:
1.
Seven hundred fifty feet of any building within which is located another adult establishment;
2.
Seven hundred fifty feet of any R-1 Residential District, R-2 Residential District, or R-3 Residential District; or
3.
One thousand feet of the lot line of any lot upon which is located a school, church, child-care facility, public park or playground.
D.
There shall be no display of sexually oriented devices, specified anatomical areas or specified sexual activities that can be seen from any exterior of the building.
E.
No unlawful sexual activity or conduct shall be performed or permitted.
F.
No adult establishment may change to another type of adult establishment except upon application to and approval by the Zoning Hearing Board of such change as a special exception subject to the criteria set forth herein.
§ 702.8 Bed-and-breakfasts.
Where authorized in a zoning district, bed-and-breakfasts are permitted by special exception subject to the following criteria:
B.
The applicant shall furnish evidence that an approved means of sewage disposal and water supply shall be used.
C.
The applicant shall furnish proof of any needed approvals from the Department of Labor and Industry, or its official successor review agency.
D.
The operator of the bed-and-breakfast shall be required to keep an annual register with the name of all guests and their length of stay which shall be made available for inspection by the Zoning Officer, upon request.
E.
One off-street parking space shall be provided for each room available for rent in addition to those required for the dwelling unit. Such off-street parking shall be set back at least 25 feet from any adjoining land within the Rural Agricultural District and/or the Rural Residential District; in other districts, such off-street parking shall be set back at least 10 feet, and screened, from adjoining properties.
F.
The number and location of bedrooms within a bed-and-breakfast establishment shall be limited as follows:
1.
Within the Rural Agricultural District and within the Rural Residential District, a bed-and-breakfast may contain up to five bedrooms.
2.
Within all zoning districts other than Rural Agricultural District and the Rural Residential District, a bed-and-breakfast shall contain not more than three bedrooms.
3.
All bedrooms within a bed-and-breakfast establishment shall be located within the single-family detached dwelling unless the applicant demonstrates that the applicant meets the requirements of Subsection F.4 below.
4.
An applicant may locate one or more bed-and-breakfast bedrooms as an adaptive reuse of an existing accessory building that has value as an example of historic architecture within Lancaster County, including but not limited to a carriage house, barn, summer kitchen, or springhouse. The applicant shall furnish expert evidence that the accessory building is of historical value and that any proposed modifications to the external appearance of the accessory building will not alter its historical character unless such modifications are expressly required by state or other local regulations and that such alterations cannot be accomplished in a manner that is consistent with the historic character of the accessory building.
G.
Within the R-1 Residential District, R-2 Residential District and/or the R-3 Residential District, a bed-and-breakfast shall only be permitted within a single-family detached dwelling that contains at least 3,000 square feet of habitable floor area on the effective date of this ordinance. No modifications to the external appearance of the building that would alter its residential character shall be permitted unless such modifications are required by other state and local regulations and the applicant can demonstrate that such alterations cannot be accomplished in a manner that is consistent with its residential appearance. Also, the subject property shall front on an arterial or collector road.
H.
Within the Rural Agricultural and/or the Rural Residential Districts, a bed-and-breakfast must have a minimum lot size of three acres.
§ 702.9 ECHO Housing.
Where authorized by Article 300 of the Ordinance, ECHO housing is permitted by special exception and subject to the following criteria:
A.
The elder cottage may not exceed 1,000 square feet.
B.
The elder cottage shall observe all required zoning setbacks and lot coverage limitations, and only one cottage is permitted per lot as an accessory to each principal dwelling.
C.
The elder cottage shall be occupied by either an elderly, handicapped or disabled person related to the occupants of the principal dwelling by blood, marriage or adoption.
D.
The elder cottage shall be occupied by a maximum of two people.
E.
The applicant shall provide information as to the means of dismantling the elder cottage or, if attached to the principal dwelling, the conversion or removal of the elder cottage when the conditions exist that it is no longer needed. The unit shall be removed within 120 days from the time of discontinuance of use.
F.
Utility connections for ECHO housing units.
1.
For sewage disposal, water supply and all other utilities, the elder cottage may be connected to those systems serving the principal dwelling. Separate utility connections or systems shall be constructed or used only if it is not practical to connect to the systems serving the principal dwelling. All connections shall meet the applicable utility company standards.
2.
If on-site sewer or water systems are to be used, the applicant shall submit evidence to the Township demonstrating the total number of occupants in both the principal dwelling and the elder cottage will not exceed the maximum capacities for which the one-unit systems were designed, unless those systems are to be expanded, in which case the expansion approvals are to be submitted. Any connection to or addition to an existing on-site sewer system shall be subject to the review of the Township Sewage Enforcement Officer and follow DER guidelines and regulations.
G.
A minimum of one all-weather off-street parking space, with ingress and egress to the street, shall be provided for the elder cottage, in addition to that required for the principal dwelling.
§ 702.10 Recreation facilities.
[Added 3-5-2019; reenacted 4-2-2019 by Ord. No. 2-19 and 4-7-2020 by Ord. No. 3-20]
Recreation facilities, whether proposed as a principal use or an accessory use, located in the C-2 Commercial District, shall be subject to the following regulations:
A.
The minimum lot area of the lot containing the recreation facility shall be one acre.
B.
The minimum landscape area shall be 40%. An outdoor recreation facility can place ball fields and similar facilities with minimal structures within required landscape area.
C.
Outdoor play areas shall be set back at least 25 feet from all property lines. If the lot adjoins a lot containing an existing dwelling, outdoor play areas shall be set back at least 100 feet from the dwelling.
D.
Buildings containing indoor recreation facilities shall be set back at least 25 feet from all property lines.
E.
A building or portion thereof in which three or more pinball machines, video games, mechanical rides, video gaming terminals, or other similar electronic, player-operated amusement devices are maintained shall meet the following additional regulations:
§ 702.11 Family day-care facilities.
Where authorized by Article 300 of the ordinance, family day-care facilities are permitted by special exception as an accessory use within a detached dwelling subject to the following criteria:
A.
All family day-care facilities shall be conducted within a detached single-family dwelling.
B.
A family day-care facility shall offer care and supervision to no more than six different minors during any calendar day.
C.
All family day-care facilities with enrollment of more than three minors shall furnish a valid registration certificate for the proposed use, issued by the Pennsylvania Department of Public Welfare.
D.
An outdoor play area no less than 400 square feet in area shall be provided. Such play area shall not be located within the front yard nor any vehicle parking lot. Outdoor play areas shall be set back at least 25 feet and screened from any adjoining residentially zoned property. A six-foot-high fence shall completely enclose the outdoor play area. Any vegetative materials located within the outdoor play area shall be of a nonharmful type (e.g., not poisonous, thorny, allergenic, etc.). All outdoor play areas must include a means of shade such as a tree(s) or pavilion.
E.
Passenger drop-off and pick-up areas shall be provided on site and arranged so that passengers do not have to cross traffic lanes on or adjacent to the site.
§ 702.12 Warehousing and wholesale trade establishments, contractor's office or shop.
Within the C-1 Commercial District and the TV Traditional Village District, warehousing and wholesale trade establishments, contractor's office or shop are permitted subject to the following criteria:
A.
The applicant shall provide a detailed description of the proposed use in each of the following topics and a complete land development application shall be submitted to the Township once the special exception application has been approved.
1.
The nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
2.
The general scale of operation in terms of its market area, specific floor space requirements for each activity, the total number of employees of each shift, and an overall needed site size.
3.
Any environmental impacts that are likely to be generated (e.g., noise, smoke, dust, litter, glare, outdoor lighting, vibration, electrical disturbance, waste water, stormwater, solid waste, etc.) and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances.
B.
The maximum lot size shall be two acres and the total maximum building area shall not exceed 8,000 square feet.
C.
Retail sales shall not exceed 20% of the floor area.
D.
Outdoor storage of materials is prohibited, unless enclosed within a fenced area located in the rear yard and a minimum of 30 feet from all property lines and screened with landscaped buffer plantings in accordance with this ordinance. The maximum area for outdoor storage shall be 750 square feet.
E.
Screening and a thirty-foot landscaped buffer shall be provided from any loading/unloading dock area that adjoins any residential zoning district and/or existing dwelling. Such screening shall comply with the requirements of § 802.21.
§ 702.13 Large manure digesters.
[Added 8-3-2010 by Ord. No. 4-10]
Large manure digesters shall be subject to the following regulations:
A.
The applicant shall provide a detailed description of the proposed use in each of the following topics and a complete land development application shall be submitted to the Township once the special exception application has been approved.
1.
The nature of the on-site activities and operations, the types of materials stored and used, the frequency and duration period of storage of materials and the methods for use and disposal of materials. In addition the applicant shall furnish evidence that the use, handling, and disposal of materials will be accomplished in a manner that complies with state and federal regulations.
2.
The general scale of operation in terms of its market area, specific space and area requirements for each activity, the total number of employees of each shift, and an overall needed site size.
3.
The proposed use shall be subject to the Industrial Performance Standards of Article 800 of this ordinance, in accordance with provisions relating to the I-1 Light Industrial District.
B.
The proposed use shall comply with all the requirements of the applicable district, except that all buildings, structures and facilities used as part of the manure digesting operations shall be set back 200 feet from any property line. Additionally, no building, structures, or facility shall be located nearer than 300 feet to an existing residential building unless the owner of such residence waives this restriction in writing to the Township.
C.
In addition to all provisions set forth in § 1005.3 of this ordinance, the proposed use shall also be required to comply § 1005.3B(1) of this ordinance relating to traffic impacts.
§ 703.1 General provisions.
When conditional uses are provided for in this ordinance, the Board of Supervisors shall hear and decide requests for such conditional use in accordance with stated standards and criteria. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this ordinance, as it may deem necessary to implement the purposes of the Municipalities Planning Code[1] and this ordinance. All requests for conditional uses will first be sent by the Board of Supervisors to the Planning Commission for review and recommendation in accordance with the Comprehensive Plan. The Board may grant approval of a conditional use provided that the applicant complies with the following standards for conditional uses and that the proposed conditional use shall not be detrimental to the health, safety or welfare of the neighborhood. The burden of proof shall rest with the applicant.
A.
The applicant shall establish by credible evidence compliance with all conditions on the conditional use enumerated in the section which gives the applicant the right to seek the conditional use.
B.
The applicant shall establish by credible evidence that the proposed conditional use shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the approval shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems including but not limited to police protection, fire protection, utilities, parks, and recreation.
1.
For industrial or commercial conditional uses, the applicant shall demonstrate through the use of traffic studies or other applicable data that the grant of the conditional use shall not materially increase traffic congestion in the roads and highways of the Township.
C.
The applicant shall establish by credible evidence that the proposed conditional use shall be in and of itself properly designed with regard to internal circulation, parking, buffering, and all other elements of proper design.
D.
The applicant shall submit a site plan drawn to a scale of not more than 100 feet to the inch and which shall include the following:
1.
The location of all existing floodplains, watercourses, railroads, areas of subsidence, wooded areas (marking all wooded areas to be cleared), bridges, culverts, and other significant natural features on the tract and within 200 feet of the tract.
2.
The location of all streets, adjoining tracts, and buildings within 200 feet of the tract.
3.
The location of all proposed land uses including residential uses by types.
4.
Size and intensity of use data, including the number of residential or commercial lots, lot sizes, the number and types of dwelling units, and the density per acre of each type of dwelling unit.
5.
Provisions to be made for the treatment and disposal of sewage and industrial wastes and for water supply.
6.
All proposed site grading and drainage provisions and proposals.
7.
Zoning districts and applicable area, bulk, and yard requirements.
8.
Certification by the person who prepared the site plan.
9.
Certification of ownership and acknowledgment of plans signed by owner or developer.
E.
The applicant shall provide the Board of Supervisors with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
F.
The proposed conditional use shall not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of property adjacent to the area included in the conditional use application is adequately safeguarded.
G.
The Board of Supervisors may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of and insure compliance with the Pennsylvania Municipalities Planning Code[2] and this ordinance, which conditions may include plantings and buffers, harmonious designs of buildings, and the elimination of noxious, offensive or hazardous elements.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Time limitation on conditional use decisions.
[Amended 7-3-2018 by Ord. No. 5-18]
1.
For uses that do not require subsequent subdivision and/or land development approval under Chapter 130, Subdivision and Land Development:
a.
If the conditional use is granted, the necessary zoning permit shall be secured and the authorized action begun within one year after the date when the conditional use is finally granted, and the construction or alteration, as the case may be, shall be completed within two years of said date. Upon submission of an application demonstrating good cause, the Board of Supervisors may extend either the one-year or the two-year period, stating the reasons for extending such time period.
b.
Should the appellant or applicant fail to obtain the necessary zoning permit within said one-year time period limitation, or having obtained the zoning permit, should he fail to commence work thereunder within such two-year time period limitation, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn, or abandoned his appeal or his conditional use application, and all approvals granted to him shall be deemed automatically rescinded by the Board of Supervisors.
c.
Should the appellant or applicant commence construction or alteration within said one-year time period limitation, but should he fail to complete construction within said two-year time period limitation, the Board of Supervisors may, upon 10 days' notice in writing, rescind or revoke the granted conditional use, if the Board of Supervisors finds that no good cause appears for the failure to complete within such two-year period, and if the Board of Supervisors further finds that conditions have so altered or changed in the interval since the granting of that conditional use that revocation or recession of the action is justified.
2.
For uses that require subsequent subdivision and/or land development approval under Chapter 130, Subdivision and Land Development:
a.
If a conditional use is granted, the applicant shall be required to submit the subsequent subdivision and/or land development application within one year after the date when the conditional use is finally granted, and the applicant shall have secured a zoning permit for such use within three years of said date. Upon submission of an application demonstrating good cause, the Board of Supervisors may extend either the one-year or the three-year period, stating the reasons for extending such time period.
b.
Should the appellant or applicant fail to submit the subsequent subdivision and/or land development application within the one-year time period limitation, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his conditional use application, and all approvals granted to him shall be deemed automatically rescinded by the Board of Supervisors.
c.
Should the appellant or applicant submit the subsequent subdivision and/or land development application within said one-year time period limitation, but should he fail to secure a zoning permit for such use within said three-year time period limitation, the Board of Supervisors may, upon 10 days' notice in writing, rescind or revoke the granted conditional use approval, if the Board of Supervisors finds that no good cause appears for the failure to secure the zoning permit within such three-year period, and if the Board of Supervisors further finds that conditions have so altered or changed in the interval since the granting of that conditional use that revocation or recession of the action is justified.
3.
As an alternative to the preceding requirements set forth in § 703.1H.1 or § 703.1H.2 an applicant can request, as part of the original application before the Board of Supervisors, the granting of a timetable associated with the request which would supersede the time period limitations imposed in § 703.1H.1 or § 703.1H.2, as applicable. The applicant shall demonstrate by credible evidence that the times requested are logically related to normal and expected progress of the project. In approving a timetable under this subsection, the Board of Supervisors shall establish and bind a definite time frame for:
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 703.2 Planned shopping center.
A planned shopping center shall be subject to the following regulations:
A.
Minimum lot area: three acres.
B.
Minimum gross floor area: 30,000 square feet.
C.
Minimum number of stores: six.
D.
Minimum lot width of street line: 150 feet.
E.
Minimum lot width at setback line: 200 feet.
F.
Minimum landscape area: 35%.
G.
The setback and building height requirements of the district shall apply.
H.
The off-street parking and loading and sign regulations of this ordinance shall apply.
I.
The requirements of Article 700 and Article 800.
J.
The Board of Supervisors may require that a traffic study be submitted by the applicant where doubt exists concerning the adequacy of the existing and/or proposed road systems to accommodate increased traffic from the shopping center development. Such study shall be prepared in sufficient detail to determine peak traffic volumes and road capacity and provide solutions to traffic congestion.
§ 703.3 Junk yards.
A.
No junk material, appurtenant structures, or other enclosure shall be stored or placed within 50 feet of any adjoining property or public right-of-way, and such setback area shall kept free of weeds and scrub growth unless the adjoining property is wooded.
B.
The regulations for screening (Article 800) shall apply to all abutting residential districts, recreational uses, and public rights-of-way.
C.
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height greater than eight feet.
D.
No oil, grease, tires, gasoline, or other similar material shall be burned at any time, and all other burning shall be attended and controlled at all times.
E.
Any junk yard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.
F.
No junk yard shall be located on land with a slope in excess of 5%.
G.
All junk yards shall be enclosed within six-foot-high approved fencing. When screening is required, fencing shall be located between screening and junk being stored.
§ 703.4 Open pit mining, strip and borrow mining and related aggregate processing facilities.
A.
General. Open pit mining operations and related aggregate processing facilities:
1.
Shall not substantially injure or detract from the lawful existing or permitted use of neighboring properties;
2.
Shall not adversely affect any public or private water supply source;
3.
Shall not adversely affect the logical, efficient and economical extensions of public services, facilities and utilities throughout the Township;
4.
Shall not create any significant damage to the health, safety, or welfare of the Township and its residents and property owners;
5.
Shall not result in the land area subject to mining being placed in a condition which will prevent the use of that land for economically and ecologically productive uses upon completion of the mining operation;
6.
Shall demonstrate compliance with all applicable state and federal regulations at all times; and
7.
Should be designed so that all accessory and support facilities, such as employee parking lots, topsoil stockpiles, spoil piles, truck and equipment maintenance facilities, processing operation, and offices be so located to avoid prime agricultural soils whenever possible.
B.
Site plan requirements. In addition to those conditional use application materials and credible evidence generally required by § 703, the applicant for an open pit mine, strip or borrow mine, and related aggregate processing facilities shall submit the following specific documents and other illustrative or descriptive materials that establish by credible evidence compliance with those general objectives of Subsection A above.
1.
Plan of general area (within a one-mile radius of site) at a scale of 1,000 feet or less to the inch with a twenty-foot or less contour interval to show:
a.
Existing land use data.
i.
Site location with respect to general area.
iii.
State and Township roads showing pavement and right-of-way width, weight loads, types of surfaces, existing traffic data or counts for those road intersections nearest the proposed mining operation, and proposed routing of quarry trucks.
iv.
Other uses potentially affecting or affected by the proposed mining, processing or aggregate recycling facilities and operations.
v.
Applicable Township zoning overlain upon the general area.
2.
Plan of proposed site and adjacent area at a scale of 100 feet or less to the inch with a five-foot or less contour interval to show:
a.
Existing natural resource data.
i.
Geology, including confirmed areas with aggregate.
ii.
Soils (prime farmland soils to be highlighted).
iii.
Surface- and groundwater features (streams, floodplains, wetlands, drainage basins, aquifer, water quality report, etc.).
iv.
Site topography.
v.
Current vegetation, with dominant species.
vi.
Wind data, directions and percentage of time.
b.
Proposed usage.
i.
Plan of operation, showing mining or borrow pit, or area to be stripped, related aggregate processing facility location(s), proposed buildings or structures, overburden areas, spoil piles, soil stockpiles, truck and equipment storage areas, employee parking areas and number of spaces, etc. Include phasing plan, if applicable.
ii.
Final grading by contours.
iii.
Interior road pattern, its relation to operation yard and proposed points of ingress and egress to state and Township roads, including sight distance estimates and any proposed entrance improvements.
iv.
Estimated amount and description of annual and ultimate aggregate and overburden to be removed.
v.
Ultimate use and ownership of site after completion of operation.
vi.
Source and amount of water, volume required for processing; wastewater from processing, treatment and means/point of discharge/groundwater recharge.
vii.
Plan of Zoning Ordinance compliance showing:
(1)
Proposed perimeter fencing location, height and material.
(2)
Soil embankments (berms) and landscaping for noise, dust, and visual barriers, including heights and side slopes of soil mounds, and landscaping materials and specifications.
(3)
Method of disposition of excess water during operation.
(4)
Truck wash rack and sedimentation pond.
(5)
Mining operation setbacks (see Subsection F).
(6)
Location and typical schedule of blasting.
(7)
Machinery, type and noise levels.
(8)
Safety measures, monitoring and response to complaints.
3.
Copies of all documents and materials filed with DEP as part of the applicant's concurrent noncoal mining permit application. Where providing the same information as requested in Subsection B.2 and 3 above, DEP application materials may be utilized in lieu thereof. Documents and materials submitted to DEP as part of an earlier noncoal mining permit application for the property subject to the conditional use application may also be utilized for satisfying the requirements of Subsection B.2 and 3 above; provided, however, the Township has the right to request more current documents and materials if needed to allow for a complete conditional use application.
C.
Maximum height limitations:
1.
The height of any spoils pile or topsoil stockpile shall not exceed 35 feet;
2.
Unless located in the mining pit itself, the height of any buildings, structures associated with the mining activity or related aggregate processing equipment shall not exceed 35 feet, except as provided for in Subsection C.3 below.
3.
Where approved by the Board of Supervisors as part of a conditional use application in accordance with this section, requested modifications to the thirty-five-foot height limitation for the purpose of establishing accessory structures (such as concrete silos) for mining or aggregate processing operations may be permitted. In such cases, height modifications may be permitted to the minimum degree necessary to accommodate the proposed plan in accordance with the specific requirements for conditional use approval as defined by this ordinance.
D.
Minimum lot area: 50 acres.
E.
Fencing.
1.
Open pit mining operations shall be required to enclose the entire active area of mining, including any accessory uses and structures, with a minimum six-foot-high chain link fence and like latching gates. The location and materials of the chain link fence and like latching gates shall be as defined in § 703.4I.3.
2.
All gates shall be latched and locked at times when the site is unattended. Along all fences the applicant will be required to post and maintain "No Trespassing" and/or "Danger" signs at intervals of no more than one sign per each 100 linear feet of fence/gate, except as may otherwise be required by the DEP. Such signs shall be no larger than two square feet per sign and shall not be posted higher than five feet above grade. All fences/gates/signs shall be maintained in good condition and shall not be allowed to become deteriorated or unsightly.
F.
Setbacks. The following table identifies minimum setbacks imposed upon specific features of the mining and/or aggregate processing uses from adjoining and/or nearby uses:
Mining-related Feature | Any occupied residential or nonresidential building located in the Quarry District that is not part of the mining and/or processing site (feet) | Any occupied residential building within the Rural Residential, R-1 Residential, R-2 Residential and R-3 Residential Districts (feet) | Adjoining road measured from outside edge of right-of-way (feet) | Churches, schools, and parks, public or private (feet) | Cemetery or stream measured from closest bBank, or outer edge of one-hundred-year floodplain where such exists (feet) | Rural Agricultural District, and adjoining property within the Quarry District (feet) |
|---|---|---|---|---|---|---|
Stock piles or spoil piles | 300 | 500 | 100 | 500 | 100 | 100 |
Mineral processing equipment (e.g., crushers, sorters, conveyors, dryers, etc.) | 300 | 500 | 100 | 500 | 100 | 300 |
Open mine pit and highwall | 300 | 500 | 100 | 500 | 100 | 100 |
On-site access roads and off-street parking, loading and vehicle storage and weighing facilities | 300 | 500 | 100 | 500 | 100 | 100 |
Other operational equipment, structures and/or improvements | 300 | 500 | 100 | 500 | 100 | 100 |
G.
Access. Vehicular access to the mining or related aggregate processing operation shall be provided in accordance with the design standards of the West Hempfield Township Subdivision and Land Development Ordinance.[1] Notwithstanding those standards, all driveways serving the site shall have a paved minimum thirty-five-foot-wide cartway for a distance of at least 100 feet from the intersecting street right-of-way line. In addition, a truck wash-rack and water supply shall be placed just beyond the preceding one-hundred-foot paved section to be used to remove any mud that may have attached to a vehicle's wheels prior to accessing Township and state roads. A sedimentation pond shall be used to collect the wash water and mud. Such rack and pond shall be maintained by the quarry or mine operator throughout the life of the quarry or mining operation and for any reclamation work after the operation is completed.
H.
Reclamation. The applicant shall submit as part of the conditional use application a proposed reclamation plan consistent with the submittal requirements of Title 25, Chapter 77, Noncoal Surface Mining, of the Pennsylvania Code. At a minimum, the plan shall:
1.
Provide a detailed description of the proposed use of the site once the mining operation has ceased, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. Subject to the discretion of the Board of Supervisors, if the application property's existing land use is agricultural, the reclamation plan shall be developed to return as much of the land as possible to productive agricultural use;
2.
If the reclaimed use proposed is other than agricultural, state if the applicant intends to dedicate the site to the Township upon completion of the reclamation work; and
3.
Propose reclamation to occur in phases whenever possible.
The applicant shall provide written notification to the Township within 30 days whenever a change in the reclamation plan is proposed to the DEP. |
I.
Screening.
1.
Where the open pit mine conditional use application property adjoins a public roadway, a seventy-foot-wide landscaped buffer shall be established prior to the start of mining or processing activity consisting entirely of a berm, the side slopes of which shall not exceed a 2.5:1 ratio on the road side of the berm, and a 1.5:1 ratio on the mine side of the berm. The street-facing toe of such berm shall be set back 10 feet from the outside edge of the public right-of-way.
2.
Where the quarry, borrow or strip mine application property adjoins another parcel, a twenty-five-foot-wide landscaped buffer shall be established prior to the start of mining or processing activity consisting entirely of a berm, the side slopes of which shall not exceed a 2:1 ratio on that side of the berm facing the adjoining parcel, and a 1.5:1 ratio on the mine side of the berm.
3.
Perimeter fencing required under this § 703.4E shall be located on the back slope (mine side) of the berm or behind it, to be shown on the applicant's landscape plan, or such fencing may be located in front of the berm provided it shall be plastic coated, dark green or brown in color, placed at the toe of the slope of the berm, and subject to the landscaping provisions of Subsection I4.b below. The use of razor wire or barbed wire shall be prohibited, unless the fence and such wire are hidden from public view behind the berm.
4.
Landscaping.
a.
Landscaping of the side slopes and tops of the berms shall consist of a mix of deciduous and evergreen trees and shrubs, and tall (three-foot to five-foot) meadow grass and wildflower species. Except as provided in Subsection I4.b below, a mixture of tree and shrub species shall be planted at an average of one tree and one shrub per 30 linear feet of berm. For all berms, meadow grasses shall be applied at a rate of 10 pounds of seed per acre. Groupings of tree and shrub plantings are encouraged in lieu of linear arrangements, as necessary to mitigate any adverse impacts, including visual impacts which proposed actions will have on property, adjoining properties, and the Township in general.
b.
Where perimeter fencing is located in front of the berm, landscaping consisting of a mix of deciduous and evergreen trees and shrubs shall be provided to effectively screen the full length of such fencing from public view. The deciduous and evergreen trees shall be planted at an average of one tree per 10 linear feet of fence, and may be staggered on either side of the fence.
c.
The berm design may allow for a level top for maintenance or access purposes.
5.
Deciduous trees required for buffer plantings shall be a minimum of 1 1/2 inches in diameter at breast height (dbh) at the time of planting. Evergreen trees shall be a minimum of five feet to six feet in height at the time of planting. Shrubs shall be a minimum of 24 inches in height at the time of planting. Tree and shrub species shall consist of a mixture of the following drought-tolerant species:
Scientific Name | Common Name | |
|---|---|---|
Amelanchier arborea | Shadbush | |
Aronia arbutifolia | Red chokecherry | |
Clethra alnifolia | Summersweet clethra Sweet pepperbush | |
Cornus amomum | Silky dogwood | |
Cornus Sericea | Redosier dogwood | |
Corylus americana | American filbert American hazelnut | |
Ilex verticillata | Common winterberry Black alder | |
Ilex opaca | American holly | |
Lindera benzoin | Common spicebush | |
Pinus nigra | Austrian pine | |
Pinus strobus | Eastern white pine | |
Prunus virginiana | Chokecherry | |
Pseudotsuga menziesii | Douglas fir | |
Quercus acutissima | Sawtooth oak | |
Sambucus canadensis | Elderberry American elder | |
Vaccinium corymbosum | Highbush blueberry | |
Viburnum acerifolium | Mapleleaf viburnum | |
Viburnum dentatum | Arrow viburnum Arrowwood Southern arrowwood | |
Viburnum prunifolium | Blackhaw viburnum | |
Viburnum trilobum | Highbush cranberry American cranberrybush Viburnum |
6.
The meadow grasses required for buffer plantings shall consist of a mixture of the following species:
a.
Grasses.
i.
Broomsedge (Andropogon virginica): low growing (two to three feet), seed source for songbirds.
ii.
Fox sedge (Carex vulpinoidea): low growing (two to three feet), seed source for songbirds.
iii.
Switchgrass (Panicum virgatum): tall (three to five feet), blue/green foliage, erosion control, food source for songbirds.
iv.
Indiangrass (Sorghastrum nutans): three to four feet, seed source for songbirds.
b.
Upland meadow plants. The following wildflowers are recommended in moderate to dry upland areas. They have been selected to provide a range of colors and heights. Many provide important habitat for various species of butterflies and birds.
i.
Early season, two to three feet in height.
(1)
Wild bergamot (Monarda fistulosa): abundant purple flowers June through August, hardy, important butterfly and hummingbird plant. Spreads by rhizomes.
(2)
Bee balm (Monarda): red flowers from June to August, hardy, important butterfly and hummingbird plant.
(3)
Black-eyed susan (Rudbeckia hirta): hardy, abundant yellow daisy-like flower with brown centers from June to September, self-seeding.
(4)
Thin-leaved coneflower (Rudbeckia triloba): hardy, abundant yellow daisy-like flower with brown centers from June to September, self seeding.
iii.
Late season, three to four feet in height.
(1)
Purple coneflower (Echinacea purpurea): pink daisy-like flowers in August and September, important butterfly plant.
(2)
Common milkweed (Asclepias syriaca): abundant pink flowers in July and August, important butterfly plant.
(3)
Butterfly weed (Asclepias tuberosa): bright orange flowers in June and July, decorative pods in the fall, important monarch butterfly plant.
7.
Use of landscape plantings determined to be potentially hazardous to the growing of crops and raising of livestock by the Natural Resource and Conservation Service shall be prohibited when the adjacent area to the mining operation is in agricultural use.
8.
The quarry or mine operator shall be responsible for maintaining the approved and planted landscaping for the life of the mining operation, including replacing any dead or dying trees, and removing any invasive vegetation.
J.
Operations progress report. Within 90 days after commencement of mining operations, and during the first 30 days of each calendar year thereafter, the operator shall file an operations progress report with the Zoning Officer setting forth all of the following:
1.
The name or number of the operation;
2.
The location of the operation with reference to the nearest public road;
3.
A description of the subject property or properties, including a site plan showing the location of all improvements, stockpile, quarry pits, etc.;
4.
The name and address of the landowner or his duly authorized representative;
5.
An annual report of the type and quantity of mineral produced;
6.
The current status of the reclamation work performed in pursuance of the approved reclamation plan;
7.
A maintenance report for the site that verifies that all required fencing, screening, landscaping, signage, and truck wash rack has been specifically inspected for needed repairs and/or maintenance and that such needed repairs and/or maintenance has been performed; and
8.
Verification that the proposed use continues to comply with all applicable state (and Township) regulations. The operation shall furnish copies of any approved permits and/or any notices of violation issued by the PADEP.
K.
Water restoration. Any mining/processing operation that affects a public or private water supply due to contamination, interruption, or diminution shall restore or replace the affected water supply with an alternate source of water adequate in quantity and quality for the purposes served by the affected supply.
L.
All open pit mining operations and related aggregate processing facilities shall meet all standards set forth in § 802, Industrial performance standards, of this ordinance unless such standard is specifically addressed in this § 703.4 or in the regulations of the DEP. To the extent that a particular performance standard established in § 802 is the subject of DEP regulations for noncoal surface mining, the DEP standard shall control. To the extent that a performance standard established by § 802 is also regulated by this § 703.4, the provision of this § 703.4 shall control.
§ 703.5 Retail stores in excess of 8,000 square feet of gross floor area.
Within the C-2 Commercial District, retail stores in excess of 8,000 square feet of gross floor area are permitted as a conditional use subject to the following criteria:
A.
Minimum lot area: three acres.
B.
Minimum lot width at street line: 150 feet.
C.
Minimum lot width at building setback line: 200 feet.
D.
Minimum landscape area: 35%.
E.
A traffic impact study prepared in accordance with the requirements for traffic studies set forth in the Township Subdivision and Land Development Ordinance[1] shall be presented to demonstrate whether the existing and/or proposed road systems can accommodate the traffic to be generated by the proposed use and the improvements which the applicant proposes to make the existing and/or proposed road system to alleviate adverse impacts of the proposed use.
F.
Applicant shall present evidence to demonstrate compliance with all applicable provisions of Articles 700 and 800 of this Zoning Ordinance.
§ 703.6 Country clubs and golf courses.
Country clubs and golf courses shall be permitted by conditional use approval subject to the following:
A.
If the site is located within the Rural Residential District, the site shall contain no more than 50% Class I or II soils.
B.
In no case shall the golf course design permit or encourage a golf ball to be driven across any building, building lot, parking lot, street, access drive, or driveway.
C.
Golf paths shall be graded so as to discharge stormwater runoff. Surface conditions of paths shall be adequately protected from an exposed soil condition. The golf course design shall minimize golf crossings of streets, access drives and driveways. Easily identifiable golf paths must be provided for crossings of streets, access drives or driveways. The golf course design shall both discourage random crossing and require use of golf path crossings of streets, access drives and driveways. Golf path crossings shall conform with the following:
1.
Each crossing shall be perpendicular to the traffic movement.
2.
Only one street, access drive or driveway may be crossed at each location.
3.
No crossing is permitted between a point 15 feet and 150 feet from the cartway edge of a street, access drive or driveway intersection.
4.
The crossing must be provided with a clear sight triangle of 75 feet, measured along the street, access drive or driveway centerline and the golf path centering, to a location on the centerline of the golf path, five feet from the edge of the roadway. No permanent obstruction over three feet high shall be placed within this area.
5.
Golf path intersections shall be designed to provide adequate sight distance with regard to both horizontal and vertical alignment. The required sight distance shall be governed by the Township Subdivision and Land Development Ordinance.[1]
6.
The golf cart path shall not exceed a slope of 8% within 25 feet of the cartway crossing.
7.
Golf path crossings shall be signed warning motorists and pedestrians and golfers. The surface of the golf path shall be brightly painted with angle strips.
8.
Golf path crossings of collector or arterial streets shall consist of a tunnel that is located below street grade. The golf course design shall both prohibit on-grade crossing of collector or arterial streets and require the use of a tunnel. The construction of the collector or arterial roadway tunnel shall comply with PennDOT standards.
D.
All golf course buildings shall be set back 75 feet from any adjoining roads and 100 feet from any adjoining residential structures or parcels.
E.
Country clubs and/or golf courses may include the following accessory uses, provided such uses are reasonably sized, and located so as to provide incidental service to the golf course employees and users:
1.
Clubhouse, which may consist of:
a.
Restaurant, snack bar, lounge and banquet facilities.
b.
Locker and rest rooms.
c.
Pro shop.
d.
Administrative offices.
e.
Golf cart and maintenance equipment storage and service facilities.
g.
Fitness and health equipment, including workout machines, spas, whirlpools, saunas, and steam rooms.
h.
Game rooms, including card tables, billiards, ping-pong, and other similar table games.
i.
Babysitting rooms and connected fence enclosed playlots.
2.
Accessory recreation amenities located outside of building, including:
a.
Driving range, provided no lighting is utilized.
b.
Practice putting greens.
c.
Swimming pools.
d.
Tennis, platform tennis, handball, racquetball, squash, volleyball, and badminton courts.
e.
Boccie ball, croquet, shuffleboard, quoits, horseshoe pits.
f.
Picnic pavilions, picnic tables, park benches, and barbecue pits.
g.
Hiking, biking, horseback riding, and cross-country ski trails.
h.
Playground equipment and playlot games, including four-square, dodge ball, tetherball, and hopscotch.
3.
Freestanding maintenance equipment and supply buildings and storage yard.
F.
All outdoor storage of maintenance equipment and/or golf carts shall be set back at least 100 feet and screened from adjoining residential structures and roads.
G.
All dumpsters and off-street parking and/or loading areas shall be screened from adjoining or nearby residences. In addition, all off-street loading and dumpsters shall be screened from adjoining roads.
§ 703.7 Communications towers.
[Amended 12-2-2014 by Ord. No. 3-14]
All communications towers other than those identified in § 703.7D constructed in the Township shall comply with the following standards and regulations:
A.
Purposes. The purposes of these regulations shall be as follows:
1.
To accommodate the need for communication transmission and receiving devices and towers and, in particular, cellular communication devices and towers, while regulating their location and number in the Township.
2.
To minimize adverse visual effects of communication towers through proper design and siting.
3.
To avoid potential damage or harm to adjacent properties in the surrounding area from tower support structure failure and falling ice by means of proper engineering and site location of communication towers.
4.
To encourage applicants to seek joint use of existing communication towers and tall structures and to require joint use of communication towers as a condition of approval in order to reduce the number of such structures throughout the Township.
B.
Prerequisites and conditions.
1.
The applicant shall demonstrate that it has contacted owners of tall structures within a one-fourth-mile radius from the proposed site, requested permission to install its antenna (or other transmission and receiving device) on those structures and was denied permission for reasons other than economic ones. Tall structures include, but are not limited to, smoke stacks, water towers, tall buildings, antenna support structures abutting communication towers and other communication towers.
2.
If permission for a communication tower is granted, it shall be subject to the condition that the use of the tower will be made available to other users (even if they are in direct or indirect competition with the applicant) so long as the following apply:
a.
There is space available on the tower.
b.
The additional user(s) will not cause interference with the existing user(s).
c.
The additional user(s) will not cause any health or safety problems or be hazardous to the surrounding area.
d.
The tower has the structural capability to safely contain the communication transmitting and receiving device(s) which may be installed by any additional user(s) on the tower.
e.
The additional user(s) has agreed to pay a fair and reasonable market rent for the use of the tower.
f.
Any additional user(s) obtains conditional use approval and agrees to comply with all Township ordinances.
C.
Standards and regulations.
1.
All communication towers over 35 feet in height must meet American National Standards Institute (ANSI)/Electrical Industry Association (EIA)/Telecommunications Industry Association (TIA-222E) tower specification requirements or its latest revision. Further, due to local weather conditions, the communication tower must be built to withstand one-hundred-mile per hour (mph) sustained winds and meet the ANSI/EIA/TIA-222E ice loading requirements for the region in which the Township is located. An independent structural engineer registered in Pennsylvania shall attest to the proposed tower's ability to meet these requirements and certify proper construction of the foundation and erection of the tower. In addition, all towers shall conform to all applicable rules and regulations of the Federal Aviation Administration.
2.
Communication towers over 35 feet and up to 250 feet may be permitted so long as there are no inhabited structures or electrical transmission lines within a distance equal to the height of the communication tower and the communication tower is located a distance equal to the height of the communication tower from the nearest property line. As a condition of conditional use approval, the Board of Supervisors may approve reductions in required setbacks under the following circumstances:
a.
Where a professional engineer experienced in tower structures provides a certification satisfactory to the Township that the breakpoint for the tower would be such that under no circumstances would the tower fall beyond the reduced property line setback requested by the applicant.
b.
Where applicant provides the Township with proof that easement(s) satisfactory to the Township have been obtained from landowner(s) of all lands located within an area distant from the base of the tower equal to the height of the tower. Such easement(s) shall prohibit erection of any structures or electrical transmission lines and shall provide that the owner of the tower shall assume all liability for any damage or injury to person or property attributable to the communication tower within the easement area.
3.
In addition to meeting the criteria of § 703.7C.2 above, communication towers between 100 feet and 250 feet may be permitted so long as:
4.
Owners of all communication towers higher than 35 feet will secure the property boundary or, at a minimum, the communication tower base, including any support structures, with a chain link fence which shall be either 10 feet in height or six feet in height with three strands of barbed wire on the top of the fence. In addition to boundary security, all communication towers in excess of 35 feet in height will have an integral security platform, or other means with locked access, to prevent unauthorized climbing of the communication tower. Landscape plantings shall be provided around all fencing and accessory buildings and/or structures to screen them from public views and adjoining properties.
5.
Any immediately adjacent accessory building and/or structure shall not be larger than what is absolutely necessary to house the equipment necessary to permit the communication tower to operate as intended.
6.
All communication tower owners will provide the Township with a statement that the emission of radio waves emanating from the tower will neither cause harm to an individual by its operation nor cause measurable radio interference to the reception or operation of AM radios, TV and FM reception, car or cellular or portable phones, heart pacemakers, garage door openers, remote control units for models, and other radio-dependent devices in general use within the Township and is in compliance with all FCC regulations.
7.
If measurable radio interference does result from the installation and use of the communication tower, the owner of the communication tower will be required to cease operation immediately, until the problem is corrected, or, if the problem is not correctable, to abandon operation entirely and dismantle the tower as required by Subsection C.9 herein.
8.
The owner of any communication tower higher than 35 feet will be required to routinely submit to the Township proof of an annual inspection and communication tower maintenance program. Any structural faults thus noted will be immediately corrected by the owner. Failure to provide proof of certified inspection will result in notification to the owner to cease operation and dismantle the communication tower as required by Subsection C.9 herein.
9.
The communication tower owner is required to notify the Township immediately upon cessation or abandonment of the operation. The communication tower owner shall then have 90 days in which to dismantle and remove the communication tower from the property. At the time of issuance of the permit for the construction of the communication tower, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.
10.
No communication tower shall be allowed within a one-mile radius of another communication tower.
11.
In addition to the above standards, all other applicable performance standards applicable to the zoning district in which the communication tower is to be located shall apply to the communication tower and any associated support facilities or structures. This shall require that all applicable plans shall be submitted to the Township for review and approval with a development application for the communication tower.
12.
The owner of the communication tower shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.
D.
Exclusions. The following communications towers shall be exempt from the regulations of this section, shall be permitted in all zoning districts and shall meet all applicable requirements of the Uniform Construction Code and other statutes and regulations:
1.
A tower and antenna less than 85 feet in total height that is owned and operated by an amateur radio operator licensed by the Federal Communications Commission. No more than two amateur radio antenna support structures shall be permitted on any lot. The applicant shall provide evidence that all state regulations have been complied with, including, but not limited to, and licensure by the Federal Communications Commission.
2.
Any telecommunications facilities located on property owned, leased or otherwise controlled by the Township, provided a license or lease authorizing the telecommunications facility has been approved by the Township.
§ 703.8 Continuing care retirement community.
A.
Uses. A continuing care retirement community may include some or all of the following uses.
1.
Residential dwelling units which are restricted to occupancy by households where the head of the household is 55 years or older, including:
a.
Multiple-family dwellings, including apartments and quadraplexes.
b.
Single-family attached dwellings.
c.
Two-family dwellings, including single-family semidetached dwellings and two-family detached dwelling.
d.
Single-family detached dwellings using the open space design option in accordance with Article 1200.
2.
Nursing or convalescent home or personal care facility.
3.
Congregate facilities where the applicant can demonstrate to the satisfaction of the Board of Supervisors that such facilities are clearly intended for use principally by residents, staff and visitors to the continuing care retirement facility, including:
a.
Dining facilities.
b.
Medical practice serving the general public.
c.
Retail and services facilities.
d.
Recreational facilities.
e.
Worship facilities.
f.
Maintenance shop, emergency power generation facilities, and laundry and kitchen facilities solely for the use of the continuing care retirement facility.
4.
Accessory uses customarily incidental to a continuing care retirement community.
B.
Design requirements. All continuing care retirement communities shall meet the following minimum requirements:
1.
The minimum lot size for development as a continuing care retirement community shall be 10 acres.
2.
Not less than 40% of a continuing care retirement community shall be designated as common open space. If the continuing care retirement community shall be developed using the open space design option in accordance with Article 1200, common open space shall be provided as required by Article 1200. All common open space shall be designed and arrangements made for permanent maintenance as provided in § 1206 whether or not the open space design option is used.
3.
Not more than 50% of the continuing care retirement community tract shall be covered by impervious surfaces. If the continuing care retirement community shall be developed using the open space design option in accordance with Article 1200, impervious coverage shall be regulated in accordance with Article 1200.
4.
No principal structure which is part of the continuing care retirement community shall be located within 75 feet from any property line or street right-of-way line of the tract containing the continuing care retirement community.
5.
Uses within a continuing care retirement community may be, but are not required to be, located on individual lots.
a.
If uses within a continuing care retirement community are located on individual lots, each principal use or structure shall meet the minimum lot and setback requirements for the R-3 Residential District as set forth in § 304. If the open space design option is used, individual lot areas and setbacks shall be provided in accordance with Article 1200.
b.
If uses within a continuing care retirement community are not located on individual lots, the applicant shall comply with the requirements of § 701.8 of this ordinance regulating the erection of more than one principal structure on a lot. The same area may not be used to satisfy yard areas and setbacks for more than one structure. If the open space design option is used, lot areas and setbacks shall be calculated in accordance with Article 1200.
c.
For the purposes of this § 703.8B.5, each building containing one or more dwelling units, each building containing nursing beds, each building containing personal care or assisted living rooms and each building containing dining, recreational or other congregate amenities shall be considered a principal use or structure. Notwithstanding the foregoing, buildings linked by walkways or passageways or clusters of building housing congregate facilities shall be considered a single principal structure.
6.
Accessory buildings shall be located in accordance with the requirements for the principal use to which they are accessory. No accessory building shall exceed 15 feet in height.
7.
Solid waste collection stations and parking area (excepting driveways) shall not be located within any minimum yard area.
8.
All uses within the continuing care retirement community shall be provided with public water and public sewer service.
9.
Sufficient exterior illumination of the parking area and drop-off sites for guests or visitors shall be provided for convenience and safety. All such illumination shall be shielded to eliminate glare on adjoining properties.
10.
Off-street parking areas for visitors and guests shall be located conveniently throughout the continuing care retirement community.
C.
Standards for residential units. All residential units within a continuing care retirement community shall meet the following requirements.
1.
The maximum number of dwelling units within the continuing care retirement community shall not exceed three dwelling units per acre. Personal care rooms or nursing beds in a nursing or convalescent home shall not be included within the calculation of the number of dwelling units.
2.
If the continuing care retirement community is developed using the open space design option, the maximum number of dwelling units may be increased as set forth in Article 1200. If the continuing care retirement community is developed using both the open space design option and transferable development rights, the maximum number of dwelling units may be increased as set forth in Articles 1100 and 1200.
3.
All individual structures containing residential units shall meet the following setbacks from internal access drives and individual lot lines. The setback from an access drive shall be measured from the edge of the cartway. Where residential structures do not occupy separate lots, yard areas shall be measured such that no area meeting the yard requirements for one structure shall be counted toward the yard requirement for another structure.
4.
The overall length of any single facade of any structure containing a residential dwelling shall not exceed 150 feet. A facade extending in a single direction shall continue to be considered a single facade where not articulated or broken by a change in facade direction extending at least 10 feet perpendicularly. For purposes of facade measurement, unenclosed porches, patios, balconies, or similar protrusions shall not be considered part of the facade.
5.
The maximum building height for any structure containing residential dwelling units shall not exceed 45 feet or four habitable stories. Structures containing more than two habitable stories shall not be located less than 100 feet from any tract boundary.
§ 703.9 Campgrounds.
Where authorized by Article 300 of this ordinance, campgrounds are permitted by special exception subject to the following criteria:
A.
The minimum lot size for all campgrounds shall be 50 acres.
B.
All campsites shall be located at least 50 feet from any side or rear property line and at least 100 feet from any street line.
C.
In no case shall there be more than 20 campsites per acre within the campground.
D.
An internal road system shall be provided. The improved cartway width of one-way access drives shall be at least 12 feet and the improved cartway width of two-way access drives shall be at least 20 feet. On-drive parallel parking shall not be permitted.
E.
All outdoor play areas shall be set back 100 feet from any property line and screened from adjoining properties. Such outdoor play areas shall be used exclusively by registered guests and their visitors.
F.
All campgrounds shall furnish centralized completely enclosed sanitary and garbage collection facilities that are leak-proof and vermin-proof that shall be set back a minimum of 100 feet from any property line and shall be screened.
G.
Any accessory retail or accessory commercial uses shall be set back a minimum of 100 feet from any property line. Such accessory retail or commercial uses shall be solely designed and constructed to serve the campground's registered guests and their visitors. Any parking spaces provided for these retail or commercial uses shall have vehicular access from the campground's internal road rather than the public street. All accessory retail and commercial uses and related parking spaces shall be screened from adjoining properties.
H.
A campground may construct one freestanding or attached sign no more than 16 square feet in area. Any reference to accessory commercial or recreational facilities shall remain secondary in size to the reference to the principal campground use. Such signs shall be set back a minimum of 15 feet from the ultimate street right-of-way line, and a minimum of 25 feet from adjoining lot lines.
I.
A minimum of 20% of the gross area of the campground shall be devoted to active and passive recreational facilities.
J.
Every campground shall have an office and a public phone. The public phone shall be accessible 24 hours per day, and the office shall be staffed 24 hours per day.
K.
All water facilities, sewage disposal systems, rest rooms, solid waste disposal and vermin control shall be approved and maintained in accordance with the requirements of the DER.
L.
All lighting shall be arranged and shielded so that no glare of direct illumination shall be cast upon adjacent properties or public streets.
M.
All campgrounds containing more than 100 campsites shall have vehicular access to an arterial or collector street as identified in this ordinance.
§ 704.1
No accessory use within a commercial or residential district shall be located nearer than 35 feet to any street line or within the front yard of any property. No separate accessory building or structure shall be nearer than 10 feet to another building or structure.
§ 704.2
One commercial vehicle may be stored in a private, noncommercial garage where the use of such vehicle is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises.
§ 704.3
Private, noncommercial swimming pools which are installed as accessory uses shall comply with the following regulations:
A.
All private pools shall be located to the rear of the back edge of the dwelling and shall observe the required side yard setback for the appropriate zoning district. The setback from the rear property line shall be a minimum of 10 feet for all districts. The setback shall include the deck, pad or apron around the pool.
B.
Every outdoor swimming pool shall be completely enclosed by a fence or wall not less than four feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than six inches in any dimension. If a picket fence is erected or maintained, the horizontal or vertical dimension of the space between the pickets shall not exceed six inches. A dwelling or accessory building may be used as part of the enclosure. The fence or wall shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
C.
All aboveground pools with a water depth of 18 inches or greater shall have access by a removable ladder. If a deck or steps are constructed, then a four-foot fence shall enclose the pool and access area.
D.
All pools which are permanent and are not completely removed after each summer season shall have an operable filtration system utilizing chlorine, bromine or some other antibacterial agent.
§ 704.4 Zoning permit required for certain accessory uses.
[Added 3-5-2019; reenacted 4-2-2019 by Ord. No. 2-19 and 4-7-2020 by Ord. No. 3-20]
The commencement of a new accessory use in connection with an existing principal nonresidential use in the C-1 Neighborhood Commercial District, C-2 Commercial District, TV Traditional Village District, I-1 Light Industrial District, I-2 General Industrial District, and Business Campus Overlay District shall be considered a change in use which shall require a zoning permit. The person making application for such a zoning permit shall have the burden to demonstrate that the proposed accessory use is secondary to the existing principal use; the proposed accessory use is customarily incidental to the existing principal use in Lancaster County, and the existing principal use together with the proposed new accessory will meet all applicable regulations including, but not limited to, off-street parking requirements, impervious surface coverage limitations, and Article 800, Performance Standards.
§ 705.1 Conformity of proposed land use.
A.
Notwithstanding any provision of this ordinance to the contrary, no provision of this ordinance shall be construed to enable or permit the expansion of a building, structure, sign or use of land which existed as a nonconforming building, structure, sign or use of land pursuant to the provisions of any prior zoning regulation or ordinance in excess of the limits of expansion for a nonconforming building, structure, sign or use of land authorized by said prior zoning regulation or ordinance.
B.
It is the express intent and purpose of this ordinance that if a building, structure, sign or use of land was expanded to the limits of expansion for a nonconforming building, structure, sign or use of land as authorized by a prior zoning regulation or ordinance, no further expansion of said building, structure, sign or land shall be authorized, and in the event of a nonconforming building, structure, sign or use of land was expanded to a portion of the limits of expansion authorized by a prior zoning regulation or ordinance, additional expansion, if permitted by this ordinance, shall only be authorized to the amount of expansion not previously utilized pursuant to said prior zoning regulation or ordinance.
§ 705.2 Continuance of nonconforming uses and buildings.
From and after the effective date of this ordinance, any use lawfully existing at the time of the enactment of this ordinance but not in conformity with the permitted use provisions for the District in which it is located may be continued subject to the following limitations.
A.
Expansion of nonconforming uses. No expansion of a nonconforming building or use shall hereafter be made unless an appeal has been filed with the Zoning Hearing Board and such expansion has been approved by such Zoning Hearing Board as a special exception; provided that all expansions to any nonconforming buildings and uses shall be limited to an area equal to 25% of the existing nonconforming building or use, that any expansion of a nonconforming building or use shall be limited to the lot lines existing on the property in question at the time of the enactment of this ordinance, and that the proposed expansion shall not cause an increased detrimental effect on surrounding properties. For the purpose of determining the expansion of nonconforming buildings and uses where the building or use is in multiple and similar units such as campsites, mobile homes sites or substantially similar apartment units in an apartment complex or stores of similar size in a shopping center, the expansion of nonconforming buildings or uses shall be limited to 25% of the number of units or by 25% of the area, whichever results in the smaller permissible expansion of the building or use. Nothing herein contained shall be construed to permit the expansion of an accessory use or to permit the conversion of the same to a primary use under the guise of nonconformity.
B.
Continuity of nonconforming uses. No nonconforming use may be reestablished after it has been discontinued for 12 months. Vacating of premises or buildings or nonoperative status of such premises or buildings shall be presumptive evidence of discontinued use.
C.
Substitution of nonconforming uses. No nonconforming use may be changed to any other nonconforming use unless the Zoning Hearing Board shall, in granting a special exception, find that the proposed nonconforming use is not more detrimental to the district than the existing nonconforming use of the property. The Zoning Hearing Board may specify such appropriate conditions and safeguards as may be required in connection with such change and the granting of such special exception.
D.
Damage to nonconforming buildings. A nonconforming building which is partially damaged or entirely destroyed may be rebuilt and occupied for the same use as before the damage; provided the reconstructed building shall be within the lot limits which existed for the property at the time of enactment of this ordinance, that the reconstruction shall start within six months from the time of damage to the building, that the new building shall conform as closely as possible with the provisions of this Zoning Ordinance, and that the nonconformity of the new building with respect to height, area and yard requirements as established by other provisions of this Zoning Ordinance shall not exceed that of the original building.
E.
Discontinued nonconforming use of open land. All nonconforming signs, billboards, junk storage areas, storage areas and other nonconforming uses of open land, when discontinued for a period of 90 days, or damaged or deteriorated to an extent of 60% or more of replacement costs, shall not be continued, repaired or reconstructed.
F.
Substitution of a nonconforming use with a conforming use. If a nonconforming use is proposed to be eliminated and a conforming use substituted but certain land regulations cannot be met (such as area, yard, etc.), the Zoning Hearing Board, with such appropriate conditions and safeguards as the Zoning Hearing Board may see fit, may grant a special exception to permit such conforming use.
G.
Registration of nonconforming uses. The Zoning Officer shall identify and register all nonconforming uses and nonconforming structures in existence on the effective date of this ordinance. The Zoning Office may establish reasonable rules and regulations for the registration of nonconforming uses, including requirements for property owners to file written applications for the purpose of registering nonconforming uses.
§ 705.3 Dwellings in commercial districts.
A.
Any single-family detached dwelling which is a nonconforming use in any commercial district may be permitted to expand by right, provided that all yards and coverage requirements of the district in which the single-family detached dwelling is located are met or that the expanded part of the dwelling will not extend nearer to the street than the part of the existing dwelling which is nearest to the street, whichever restriction is lesser. Accessory buildings and structures may be erected as of right provided all yard requirements for accessory buildings and structures are met.
B.
A bed-and-breakfast may be established in a nonconforming single-family detached dwelling in a commercial district by special exception, subject to all requirements of this § 705.3 and § 702.8.
§ 705.4 Expansion of dimensionally nonconforming dwellings.
[Added 8-3-2010 by Ord. No. 4-10]
Any dwelling located in the R Rural Agricultural District, R-1 Residential District, R-2 Residential District, R-3 Residential District, RR Rural-Residential District, and TV-Traditional Village District which is dimensionally nonconforming as to the required front, side, or rear yard setback may be expanded, provided that the expanded part of the dwelling will not extend nearer to the street right-of-way line or property line, as applicable, than the part of the existing dwelling which is nearest to the street right-of-way line or property line.
§ 706.1 Off-street loading facilities.
A.
Off-street loading facilities shall be required in accordance with this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:
B.
Site plan approval.
1.
Each application for a zoning permit (or use for which off-street loading spaces are required) shall include a drawing (site plan) showing the proposed layout of the loading area. The drawing shall clearly indicate the design elements required below.
2.
No zoning permit shall be issued for any use for which a loading area is required unless the site plan has been approved or necessary variances have been approved.
D.
Location. Except as provided elsewhere, a ground-level loading area may be located in any side or rear yard. No exterior portion of an off-street loading facility (including access drives) shall be located within 50 feet of any land within a residential district. Where possible off-street loading facilities shall be located on the face of a building not facing any adjoining land in a residential district.
E.
Connection to street. Every loading space shall be connected to a street by means of an access drive. The access drive shall be at least 24 feet wide for two-way travel, or 18 feet wide for one-way travel, exclusive of any parts of the curb and gutters.
F.
Separation from streets, sidewalks, and parking lots. Off-street loading spaces shall be designed so that there will be no need for service vehicles to back over streets or sidewalks. Off-street loading spaces shall not interfere with off-street parking lots.
H.
Required off-street loading facilities sizes. The following lists required minimum loading space sizes, in feet (excluding access drives, entrances and exits):
Facility | Length (feet) | Width (feet) | Height (if covered or obstructed) (feet) | |
|---|---|---|---|---|
Industrial, wholesale, and storage uses | 63 | 12 | 15 | |
All other uses | 33 | 12 | 15 |
I.
Lighting. Adequate lighting shall be provided in accordance with the West Hempfield Township Subdivision and Land Development Ordinance[3] if the loading facility is to be used at night. The lighting shall be arranged so as not to be directed, reflected or cause glare off the site.
J.
Landscaping and screening requirements. Unless otherwise indicated, all off-street loading facilities shall be surrounded by a fifteen-foot-wide landscape strip. All off-street loading facilities shall also be screened from adjoining residentially zoned properties and/or adjoining public street.
K.
Schedule of Off-Street Loading Spaces Required.
Type of Use | Number of Spaces Per | Gross Floor Area/Number of Dwelling Units |
|---|---|---|
Hospital or other institution | None | First 10,000 square feet |
1.0 | 10,000 to 100,000 square feet | |
+1.0 | Each additional 100,000 square feet | |
Hotel, motel, and similar facilities | None | First 10,000 square feet |
1.0 | 10,000 to 100,000 square feet | |
+1.0 | Each additional 40,000 square feet (or fraction) | |
Industry or manufacturing | None | First 10 square feet |
1.0 | 2,000 to 25,000 square feet | |
+1.0 | Each additional 40,000 square feet (or fraction) | |
Multifamily dwelling | None | Less than 100 dwelling units |
1.0 | 100 to 300 dwelling units | |
+1.0 | Each additional 20 dwelling units (or fraction) | |
Office building including banks | None | First 10,000 square feet |
1.0 | 10,000 to 100,000 square feet | |
+1.0 | Each additional 100,000 square feet (or fraction) | |
Retail sales and services, and restaurant per store | None | First 2,000 square feet |
1.0 | 2,000 to 10,000 square feet | |
3.0 | 10,000 to 40,000 square feet | |
+1.0 | Each additional 100,000 square feet (or fraction) | |
Shopping centers (integrated shopping centers, malls and plaza) having at least 25,000 square feet | 1.0 | 25,000 square feet up to 100,000 square feet |
+1.0 | Each additional 100,000 square feet | |
Theater, auditorium, bowling alley, or other recreational establishment | None | First 10,000 square feet |
1.0 | 10,000 to 100,000 square feet | |
+1.0 | Each additional 100,000 square feet (or fraction) | |
Undertaking establishment or funeral parlor | None | First 3,000 square feet |
1.0 | 3,000 to 5,000 square feet | |
+1.0 | Each additional 10,000 square feet (or fraction) | |
Wholesale or warehousing (except miniwarehousing) | None | First 1,500 square feet |
1.0 | 1,500 to 5,000 square feet | |
+1.0 | Each additional 40,000 square feet (or fraction) |
§ 707.1 General parking requirements.
A.
Off-street parking shall be required in accordance with the provisions of this section prior to the occupancy of any building or use, so as to alleviate traffic congestion on streets. These facilities shall be provided whenever:
B.
Parking for single-family dwellings. Every single-family dwelling shall be required to provide at least two off-street parking spaces. Such spaces must be provided behind the street right-of-way line and may take the form of garages, carport or driveways. Additional regulations pertaining to driveways are contained in the Township Driveway Ordinance.[1] The remaining regulations contained in this section do not apply to off-street parking facilities serving one single-family dwelling.
C.
Site plan approval.
1.
Each application for a zoning permit for a use for which parking spaces are required shall include a site plan showing the proposed layout of the lot. The drawing shall clearly indicate all of the design elements required below.
2.
No zoning permit shall be issued for any use for which parking spaces are required unless the site plan has been approved or necessary variances have been obtained.
§ 707.2 Access drive and driveway design.
B.
Single-family residential driveways shall be located a minimum of three feet from any property line except as set forth in Subsection B-1 below. The minimum width at the street right-of-way line shall be 10 feet, and the maximum width at the street right-of-way shall be 20 feet. There shall be no more than one driveway per dwelling. The Board of Supervisors may, as a conditional use, authorize the installation of a second driveway if the applicant for such driveway demonstrates that the width of the lot at the street right-of-way line exceeds 150 feet and that severe topographic conditions exist which warrant the installation of the second driveway.
1.
Shared or joint driveways may be permitted and are encouraged on high-volume roadways and areas in which access, visibility, and topography may present difficulties. Shared or joint driveways shall be limited to use by two adjoining single-family residential lots, and the shared or joint driveway shall be considered the single driveway permitted for each lot. Whenever possible, a shared or joint driveway shall equally straddle the property line. All shared or joint driveways shall have a minimum width of 20 feet at the street right-of-way line and a maximum width of 28 feet at the street right-of-way line. A right-of-way and maintenance agreement for such shared or joint driveway shall be submitted for approval of the Township prior to the issuance of a permit for such installation.
C.
Nonresidential and multifamily residential driveways shall be located a minimum of 10 feet from any property line except as set forth in Subsection C.1 below. The minimum width at the street right-of-way line shall be 12 feet, and the maximum width shall be 28 feet measured at the end of the radius. There shall be no more than one driveway per street frontage unless an emergency access is required by the provisions of the Township Subdivision and Land Development Ordinance,[2] in which case one additional driveway shall be permitted in order to fulfill emergency access requirements. The Board of Supervisors may, as a conditional use, authorize the installation of a second driveway on a street frontage if the applicant for such driveway demonstrates that the width of the lot at the street right-of-way line exceeds 150 feet.
1.
Shared or joint driveways may be permitted and are encouraged on high-volume roadways and areas in which access, visibility, and topography may present difficulties. Shared or joint driveways shall be limited to use by two adjoining nonresidential or multifamily residential lots, and the shared or joint driveway shall be considered the single driveway permitted for each street frontage. Whenever possible, a shared or joint driveway shall equally straddle the property line. All shared or joint driveways shall have a minimum width of 20 feet at the street right-of-way line and a maximum width of 35 feet at the street right-of-way line. A right-of-way and maintenance agreement for such shared or joint driveway shall be submitted for approval of the Township prior to the issuance of a permit for such installation.
§ 707.3 Parking space and lot design.
B.
Separation from streets and sidewalks. Parking spaces shall be guarded by curbs or other protective devices which are arranged so that parked cars cannot project into streets, yards or walkways.
E.
Design standards for handicapped parking spaces. Such spaces shall be provided according to the latest version of the Americans with Disabilities Act.
F.
Interior drive widths:
1.
Interior drives between rows of parking spaces shall have the minimum widths indicated in the following table.
Angle of Parking | Width of Driveway: One-Way Traffic (feet) | Width of Driveway: Two-Way Traffic (feet) | |
|---|---|---|---|
90° | 25 | 25 | |
60° | 20 | 22 | |
45° | 18 | 22 | |
30° | 11 | 22 | |
Parallel | 11 | 22 |
2.
Interior drives in areas where there is no parking permitted shall be at least 11 feet wide for each lane of traffic.
G.
Marking of parking spaces and interior drives. All parking lots shall be adequately marked and maintained for the purpose of defining parking spaces and interior drives. At a minimum, the lines of all parking spaces and interior drives (including directional arrows, etc.) shall be solid white and four inches in width. Painted lines, arrows, and dividers shall be provided and maintained to control parking, when necessary to direct vehicular circulation. Parking areas for over 30 vehicles shall be divided by permanent raised curbing that clearly defines parking spaces from designated access lanes.
H.
Not less than a four-foot radius of curvature shall be permitted for horizontal curves in parking areas.
I.
All dead-end parking lots shall be designed to provide sufficient back-up area for all end spaces.
J.
Lighting. Adequate lighting shall be provided in accordance with the Township Subdivision and Land Development Ordinance.[3] The lighting shall be arranged so that it is not directed at land used for residential purposes, or adjoining lots or streets.
K.
Access drive requirements. Every parking lot shall be connected to the street by means of an access drive. This access drive shall be at least 12 feet wide for each lane, exclusive of curb return and gutters.
L.
Landscaping and screening requirements. The following landscaping and screening requirements shall apply to all parking lots.
1.
Landscaping strip:
a.
When a parking lot is located in a yard which abuts a street, a landscaped strip shall be provided on the property along the entire street line. If there is no building or other structure on the property, the parking lot shall still be separated from the street by the landscaped strip. This strip shall be measured from the street right-of-way line. The strip may be located within any other landscaped strip required to be located along a street. The following lists required width of landscape strips:
Number of Spaces in Parking Lot, Including Joint Facilities | Landscape Strip Width Measured from Street R.O.W. Line (feet) | |
|---|---|---|
Less than 100 | 15 | |
100 to 250 | 20 | |
Over 250 | 25 |
b.
Unless otherwise indicated, all parking lots constructed in side or rear yards (as defined herein) shall be set back a minimum of 10 feet from all property lines. Such setbacks shall be used for landscape strip.
2.
Interior landscaping:
a.
In any parking lot containing 20 or more parking spaces (except a parking garage) located in any district other than the I-1 Light Industrial District or the I-2 General Industrial District, 5% of the total parking lot shall be devoted to interior landscaping. In any customer or employee parking lot containing 20 or more parking spaces (except a parking garage) with the I-1 Light Industrial District or the I-2 General Industrial District, 3% of the total area of the parking lot shall be devoted to interior landscaping. Interior landscaping may be used, for example, at the end of parking space rows, to break up rows of parking spaces at least every 10 parking spaces, and to help visually define travel lanes through or next to the parking lot. Landscape areas situated outside of the parking lot, such as peripheral areas and areas surrounding buildings, shall not constitute interior landscaping. For the purpose of computing the total area of the parking lot, all areas within the perimeter of the parking lot shall be counted, including all parking spaces and access drives, aisles, islands, and curbed areas. Ground cover alone shall not meet the interior landscaping requirement. Trees, shrubs or other approved material shall be provided. At least one shade tree shall be provided for each 300 square feet or fraction thereof of required interior landscaping area. Each tree shall have a clear trunk of at least five feet above finished grade level.
b.
Interior landscaping shall be protected by the installation of vertical curbs which shall be a minimum of six inches in height and which shall be to the construction standards of the Township Subdivision and Land Development Ordinance.[4] Parked vehicles may not overhang interior landscaped areas more than 2 1/2 feet. Where necessary, wheel stops or curbing shall be provided to insure no greater overhang.
c.
If a parking lot of under 20 spaces is built without interior landscaping, and later additional spaces are added so that the total is 20 or more, the interior landscaping shall be provided for the entire parking lot.
M.
Speed bumps.
1.
Speed bumps, constructed as part of access drives or parking lots, shall be marked with permanent, yellow, diagonal stripes.
2.
The speed bumps shall be in the form of mounds or depressions in the pavement and shall be designed to restrain motor vehicle speed.
3.
There shall be a warning sign posted at each entrance to a parking area having speed bumps.
4.
In no case shall the overall height (or depth) of speed bumps exceed three inches.
N.
Joint parking lots.
1.
In commercial shopping centers over three acres in size, joint parking lots may be permitted. These joint facilities can reduce the total number of parking spaces required by a maximum of 20%. Therefore, the resulting joint parking lot will be required to provide to at least 80% of the total number of spaces required by the sum of all of the shopping center's tenants. Such reduced parking spaces must be appropriately distributed upon the lot to provide convenient walking distance between every vehicle and each of the shopping center's stores; and
2.
Within the C-2 Commercial District, the same reduction as stated in Subsection N.1 herein can also be applied to two or more adjoining uses that are physically integrated and linked.
O.
Prohibited uses of a parking lot. Automobile parking lots are for the sole purposes of accommodating the passenger vehicles of persons associated with the use which requires them. Parking lots shall not be used for the following:
1.
The sale, display or storage of automobiles or other merchandise.
2.
Parking/storage of vehicles accessory to the use.
3.
Performing services (including services to vehicles).
4.
Required off-street parking space shall not be used for loading and unloading purposes, except during hours when business operations are suspended.
§ 707.4 Schedule of required parking spaces.
The following lists required numbers of parking spaces by use type. Any use involving a combination of several uses shall provide the total number of spaces required for each individual use:
A.
Commercial uses.
Type of Use | Minimum of One Parking Space for Each | |
|---|---|---|
Automobile repair, filling and washing facilities | 400 square feet of gross floor area devoted to repair and service facilities in addition to areas normally devoted to automobile storage and 1 per employee on major shift | |
Automobile, boat, and trailer sales | 1,000 square feet of gross indoor and outdoor display area | |
Carpeting, drapery, floor covering, and wall covering sales | 500 square feet of gross floor area | |
Convenience stores | 75 square feet of gross area | |
Drive-through and/or fast-food restaurants | 2 seats and 1 per each 2 employees | |
Food markets and grocery stores | 150 square feet of gross floor area for public use and 1 per each employee on 2 largest shifts | |
Funeral homes | 100 square feet of gross floor area, 1 per each employee, and 1 per each piece mobile equipment, such as hearses and ambulances | |
Furniture sales | 500 square feet of gross floor area | |
Hotel, motels, tourist homes | Guest sleeping room and 1 per each employee on 2 largest shifts (restaurants and other accessory uses shall add to this requirement) | |
Mini-warehouses | 25 units plus 1 per 250 square feet of office space, plus 2 per any resident manager | |
Office building | 300 square feet of gross floor area | |
Professional offices of veterinarians, physicians, dentists, etc. | 6 spaces per each physician, dentist, etc. | |
Retail stores or shops (except those above) | 200 square feet of gross floor area of sales and 1 per each employee on 2 largest shifts | |
Restaurants | 4 seats plus 1 per each employee on largest shift | |
Shopping centers or malls | 182 square feet of gross leasable floor area | |
Other commercial buildings | 400 square feet of gross floor area |
B.
Industrial uses.
Type of Use | Minimum of One Parking Space for Each |
|---|---|
Industrial and heavy manufacturing establishments | 2 employees on the 2 largest shifts or at least 1 space per each 1,000 square feet of gross floor area, whichever is the greatest number |
Warehousing | Employee on the 2 largest shifts |
C.
Recreational uses.
[Amended 3-5-2019; reenacted 4-2-2019 by Ord. No. 2-19 and 4-7-2020 by Ord. No. 3-20]
Type of Use | Minimum of One Parking Space for Each |
|---|---|
Amusement arcade | 80 square feet of gross floor area |
Athletic fields | 4 seats of spectator seating; however, if no spectator seating is provided, a temporary parking area shall still be provided on the site; such area must provide sufficient numbers of spaces to serve all users of the site, and include a fence delineating such parking area |
Bowling alleys, billiard rooms | 1/4 lane/table and 1 per each 2 employees |
Campgrounds | Per campsite, plus 1 per employee, plus 50% of the spaces normally required for accessory uses |
Golf courses | 1/2 hole, plus 1 per employee, plus 50% of the spaces normally required for accessory uses |
Golf driving ranges | 1 per tee and 1 per employee |
Miniature golf courses | 1/2 hole and 1 per employee |
Riding schools or horse stables | 2 stalls plus 1 per every 4 seats of spectator seating |
Picnic areas | Per table |
Skating rinks | 4 persons of legal occupancy |
Swimming pools (other than one accessory to a residential development) | 4 persons of legal occupancy |
Tennis or racquetball clubs | 1/4 court plus 1 per employee plus 50% of the spaces normally required for accessory uses |
Video gaming terminal | 0.5 video gaming terminal (2 parking spaces per VGT) (in addition to all parking spaces otherwise required for the facility) |
D.
Residential uses.
[Amended 4-4-2017 by Ord. No. 2-17]
Types of Use | Minimum of One Parking Space for Each |
|---|---|
Single-family detached, single-family semi-detached, two-family detached, and conversion apartment dwellings | 1/2 dwelling unit (i.e., 2 parking spaces per dwelling unit |
Single-family attached (townhouses) and quadraplexes | 1/3 dwelling unit (i.e., 3 parking spaces per dwelling unit). Such parking spaces can take the form of private driveways or garages and/or common parking lots, provided that all parking spaces are located within 150 feet of the dwelling unit served. |
Boarding houses and bed-and-breakfasts | Bedroom |
Continuing care retirement facility | Dwelling unit plus 1 additional space for each 3 dwelling units for use by visitors and guests 3 nursing beds or personal care rooms Employee on the largest shift |
Multiple-family dwellings (including garden apartments) | 1/2 dwelling unit (i.e., 2 parking spaces per dwelling unit). Such parking spaces can take the form of private driveways or garages and/or common parking lots, provided that all parking spaces are located within 150 feet of the dwelling unit served |
E.
Social and institutional uses.
Types of Use | Minimum of One Parking Space for Each | |
|---|---|---|
Auditorium, banquet, conference, and meeting facilities; church, theater, and other such places of public assembly | 200 square feet, but not less than 1 space per each 2 seats | |
Clubs, lodges, and other similar places | 200 square feet of gross floor area and 1 per each employee on 2 largest shifts | |
Nursing, rest or retirement homes | 3 accommodations (beds) in addition to those needed for doctors and support staff | |
Hospitals, sanitariums | Spaces shall be provided for visitors, at the rate of at least 1 space per each 15 accommodations (beds). Such spaces shall be in addition to those necessary for doctors and other personnel | |
Museum, art galleries, cultural centers, libraries | 400 square feet of gross floor area | |
Rehabilitation centers (without overnight accommodations) | 1 per each employee and per each 3 people anticipated to be handled through the facility | |
Schools below grade 10, including commercial day-care and kindergarten | 6 students enrolled | |
Schools, 10th grade and above, including colleges | 3 students enrolled | |
Vocational training and adult education facilities | 15 students enrolled |
§ 708.1 Statement of purpose.
The purposes of this section are as follows:
A.
To provide for signs as a means of effective visual communication.
B.
To promote adopted comprehensive planning and zoning objectives.
C.
To assure compatibility of signs with land uses and buildings in the vicinity of the signs and in the community as a whole.
D.
To improve the safety of pedestrians, vehicular traffic, and property.
E.
To enhance the economic value of the community.
F.
To minimize adverse effects of signs on nearby property.
G.
To otherwise promote the public health, safety, morals, and general welfare of the community.
H.
To regulate the use of signs through a sign permitting process.
I.
To enable the fair and consistent enforcement of these sign regulations.
§ 708.2 Definitions.
The following definitions of kinds of signs shall apply to those terms whenever they appear in this section.
An off-premises, permanent sign which directs attention to a product, service, business, or cause.
A sign attached to or painted on a building which has a use in addition to supporting the sign; this includes wall signs and roof signs.
A sign which identifies and/or directs attention to any business, professional, commercial, or industrial activity occurring on the premises on which the sign is located, but not including a home occupation sign. (Also see "center sign.")
A business sign which provides identification at the entrance to a center such as a shopping center, office complex, or industrial park. (Also see "business sign" in Table 1 and "center sign" in Table 2, Part B, and in § 708.6B.1.)
A temporary sign which carries the name and information about a contractor who is involved in construction work occurring on the premises on which the sign is located.
An identification sign at the entrance to a residential development. (Refer to "identification sign" in Table 1 and "development sign" in Table 2, Part B, and in § 708.6G.1.)
A temporary sign which directs attention to a candidate or candidates for public office, a political party, or ballot issue.
A sign not attached to or painted on a building, or a sign attached to or painted on a structure which has no use in addition to supporting the sign.
A temporary sign which directs attention to the sale of personal goods on the premises on which the sign is located.
An off-premises sign placed by a governmental unit, such as a traffic, directional, informational, or street name sign, or an historical marker.
A sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.
A sign used to identify the name and display information about the individual, organization, agency, institution, facility, or development located on the premises on which the sign is located, but not including a business sign. (Also see "development sign" and "public use sign.")
An informational sign, no more than two square feet in size and not including any commercial message or logo, which carries a message such as "enter," "open," "telephone," "restrooms," "no parking," "no trespassing," "warning," a listing of houses when open, an on-site direction, or anything similar.
An off-premises sign displaying information about a church, service club, or other organization which does not operate for the purpose of making a profit.
A sign that does not apply to the property on which it is displayed.
A sign that applies to the property on which it is displayed.
A temporary sign which provides information about a real estate open house, including the words "Open House," the day and time of the open house, and the name of the realtor.
A sign located such that pedestrian or vehicular traffic might pass beneath any part of it.
A sign intended to be displayed for an unlimited period of time.
An identification sign used to identify the name and display information about a public use such as a government building, school, park, firehouse, or church. (Refer to "identification sign" in Table 1 and "public use sign" in Table 2, Part B.)
A sign with a message relating to a business organization performing a public service and subject to special governmental regulations (e.g., an electric company, sewer authority, or telephone company).
A temporary sign which provides information about a real estate activity on the premises on which the sign is located, such as a sign advertising a sale, rental, or property available for or in the process of development, but not including an open house sign.
A sign attached to or painted on a roof.
A temporary sign which carries information about a special event, such as an auction, flea market, festival, carnival, meal, or fund raising event, but not including any business sign, such as a "sale" sign at a store.
A sign intended to be displayed for a limited period of time.
A sign attached to or painted on the wall of a building.
An exhibit behind a window which is intended to draw attention to a product, service, business or cause.
§ 708.3 Sign area and height.
The following guidelines shall apply when interpreting area and height regulations in this section:
A.
Area. The area of a sign shall be the area of the smallest rectangle, triangle, or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs, or other display.
1.
When the sign is a separate unit, the area shall include any borders, framing, trim, decorative attachments, background, and space between elements; it shall not include any supporting structure unless that structure is illuminated, is in the form of a symbol, or contains advertising elements.
2.
When the sign is applied to a wall or otherwise has no definable edges, the area shall include all color, artwork, or other means used to differentiate the sign from the surface upon which it is placed.
3.
When a single sign structure has more than one face with the same message, and no two sign faces are more than three feet apart at any point, the area shall be computed by determining the greatest total area of all sign faces visible from any single location.
B.
Height. The height of a sign shall be measured from the average ground level beneath the sign to the highest point of the sign. The ground level shall be the lower of the ground level existing at the time of construction and prior to any earth disturbance at the site. This prior ground level may be established by any reliable source, including, without limitation, existing topographic maps, aerial photographs, photographs of the site, or affidavits of people who are personally familiar with the site. No person shall artificially increase the maximum height of a sign by altering the grade at the base of the sign by any means.
1.
No sign shall be higher than the height limitation of the district in which it is located.
2.
The height of freestanding signs shall be controlled by the standards in Table 2.
3.
Wall signs may be at any height on the wall to which they are attached, except that they may not extend higher than the top of the wall.
4.
Roof signs may extend no more than five feet above the lowest point where they are attached to the building and may not extend above the highest point of the roof.
§ 708.4 General regulations.
The following regulations shall apply to all signs, in addition to the specific regulations and supplemental regulations contained in the following provisions of this section. Where the general regulations are contradicted by the specific or supplementary regulations, the specific or supplementary regulations shall control:
A.
All signs shall reflect the general character of the neighborhood.
B.
All signs shall be constructed of durable materials and maintained in good condition.
C.
When a sign becomes unsafe, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that the sign must be made safe or removed immediately.
D.
The areas surrounding all signs shall be maintained in a neat, clean, and attractive condition.
E.
All signs shall be removed within three months if the purpose for which they were erected no longer exists.
F.
Each property which displays one or more permanent freestanding signs and which is in an area where street addresses have been assigned must prominently display the address on one permanent freestanding sign visible from the street. The address must include the street number; the street name is optional. The address must be of a size and design which is easily identifiable and legible from moving traffic in the street at a distance of 100 feet (three-inch-high lettering/numerals with a 3/4-inch stroke). The area taken up by the address does not count as part of the sign area. Center signs are exempt from this requirement.
G.
No temporary signs shall be permitted except as authorized elsewhere in this section.
H.
No sign shall be located within a street right-of-way, except a government sign, a public utility sign, a nonprofit organization sign, or another sign approved by the Board of Supervisors or PennDOT.
I.
No sign more than 30 inches high, other than a government sign, shall be located within the one-hundred-foot clear sight triangle of any street intersection or in any other position where it could endanger vehicular or pedestrian traffic by obstructing vision.
J.
No signs shall be painted, pasted, nailed, stapled, or otherwise attached to utility poles, trees, fences, fire hydrants, or in an unauthorized manner to walls or other signs, except insofar as such signs comply with generally applicable rules, regulations, or policies formally adopted by the Board of Supervisors.
K.
Any freestanding sign within a floodplain must receive approval as a special exception.
L.
No signs shall be placed so as to obstruct any door, stairway, window, fire escape, or other means of egress or ingress.
M.
No sign shall be placed so as to obstruct ventilation or light from a building.
N.
No overhead sign shall have a clearance of less than eight feet between any pedestrian walk and the lowest part of the sign.
O.
No sign which is parallel to and attached to the face of a building shall project more than 18 inches over a public sidewalk.
P.
No sign which is perpendicular to and attached to the face of a building shall project more than 48 inches from the building.
Q.
No sign shall have lights or other illuminating devices which constitute a public safety or traffic hazard.
R.
No sign shall be permitted which imitates or which might be confused with an official traffic sign or signal, such as (1) by containing the words "Stop" or "Danger" or (2) by including red, green, or yellow lights.
S.
No sign or window display shall include a revolving beam or beacon of light resembling an emergency vehicle or facility.
T.
No sign shall advertise activities or products which are illegal under federal, state, or local municipal laws or regulations.
U.
No sign shall include statements, words, or pictures which are considered to be vulgar, obscene, or pornographic.
V.
No streamers, pennants, spinners, reflectors, ribbons, tinsel, or similar materials shall be displayed outside a building. (See § 708.6L for regulations which apply to banners used as special events signs.)
W.
In addition to any other signage permitted by this section, each commercial or industrial property may display one flag not to exceed 35 square feet with a company or corporate identification logo on premises on an approved, standard flag pole.
X.
No animated, sequential, intermittent, flashing, rotating, or oscillating signs shall be permitted except for time and temperature signs.
Y.
No sign shall emit smoke, visible vapors, particles, sound, or odor.
Z.
No sign shall be placed on an automobile, truck, trailer, or other vehicle if that vehicle is being used primarily for displaying such sign.
AA.
No inflatable signs shall be permitted.
BB.
No open flames shall be permitted as part of a sign or in any other way to attract attention.
CC.
Advertising painted upon or displayed upon a barn or other structure shall be considered a sign and shall comply with the regulations of this section.
DD.
Any sign which has been authenticated as historically significant and accurate for its specific location, whether original or a replica, shall be exempt from the regulations of this section.
EE.
Signs may be interior lighted with nonglaring lights; signs may be externally lighted by lights which are shielded so there is no direct light transmitted to other properties or public right-of-way.
FF.
The light from any illuminated sign shall not adversely affect (1) safe vision of operators of vehicles moving on public or private streets or parking areas, (2) any residential district, or (3) any part of a building or property used for residential purposes.
GG.
No lighting shall be permitted to outline buildings or structures or parts thereof through the use of exposed neon tubing, strings of lights, or other means with the exception of customary holiday decorations, which may be installed 30 days prior to and removed not later than 21 days after the holiday.
HH.
Business signs in other than commercial and industrial districts shall not be illuminated when the business is closed.
II.
All electrically illuminated signs shall be constructed to the standards/lighting of the Underwriters Laboratories, Inc. and the latest edition of the National Electrical Code.
§ 708.5 Specific regulations.
Tables 1 and 2 provide regulations for specific kinds of signs in each zoning district. Note that there are also supplemental regulations in § 708.6 which should be reviewed for most kinds of signs; these are referenced in the second column of Table 1, the note at the top of Table 2, Part A, and the second column of Table 2, Part B.
A.
Permitted signs and sign permit requirements. Table 1 indicates, for each zoning district, which kinds of signs are permitted and not permitted, and which kinds of signs require permits. Part A applies to signs on residential properties; Part B applies to signs on nonresidential properties. In those parts, an "N" indicates that the sign is not permitted; a "P-Y" indicates that the sign is permitted and a permit is required; a "P-N" indicates that the sign is permitted and a permit is not required. Part C applies to signs in right-of-way; these are approved through special processes rather than through the regular permit procedure.
B.
Permitted number, area, height, and setback for signs. Table 2 indicates, for each zoning district, information about the permitted number, maximum area, maximum height, and minimum setback for each kind of sign. Part A has standards for the following kinds of signs: business signs (except center signs), home occupation signs, and identification signs (except development signs and public use signs). Part B has standards for other kinds of signs.
§ 708.6 Supplemental regulations.
In addition to the regulations contained elsewhere in this section, the following shall apply in addition to the following supplemental regulations. Where the provisions in the supplemental regulations and Tables 1 and 2 are contradictory, the provisions contained in the supplemental regulations shall control.
A.
Billboards. There may be no more than one billboard structure at any point; it may have two surfaces with a total of two messages, as long as the surfaces are back-to-back or at an angle of less than 45%. Each surface may have an area of 300 square feet, whether or not the messages are the same. A billboard shall not exceed 35 feet in height. Each billboard structure must have setbacks of (1) 30 feet from any street right-of-way and (2) 15 feet or the minimum building setback, whichever is greater, from other property lines. Each billboard structure must be at least 1,200 feet from any other billboard structure and at least 500 feet from any residential zoning district. Any billboard which contains an electronic display screen, including but not limited to a plasma screen, LED screen, flat screen or digital screen, and any tri-vision billboard allowing mechanical change to separate faces shall be subject to the following additional regulations:
[Amended 7-1-2008 by Ord. No. 6-08]
1.
Each image displayed on an electronic display screen or on a face of a trivision billboard must be static or depicted for a minimum of 10 seconds.
2.
Animated images and images which move or give the appearance of movement are prohibited. This restriction shall not prohibit the dissolving or replacing of one image with another.
3.
The applicant shall demonstrate that any illumination shall not cast glare upon the public right-of-way or upon adjoining properties.
B.
Business signs. Business signs are generally regulated in accordance with Tables 1 and 2A. Business signs for individual businesses which are permitted by Table 2A must be located so that they are identified with the individual business rather than being at the street frontage of a large center, away from the business they are advertising. One special kind of business sign is regulated in accordance with Tables 1 and 2B:
1.
Center signs are allowed for centers such as shopping centers, office complexes, and industrial parks which meet at least two of the following three minimums: (1) five units; (2) 20,000 square feet of building area; and (3) five acres of land.
C.
Contractor signs. Each contractor sign must be set back at least 10 feet from the cartway or at the building face, whichever is less; may not be in the side yard setback; and may not be illuminated. Contractor signs must be removed promptly upon completion of the project; signs which are not removed promptly may be removed and impounded by the Township, and the Township may retain any deposit to secure the removal of such sign. No off-premises contractor signs are permitted. If there are four or more contractor signs on a single lot, they must be combined in a single display by attaching them to a single background panel or frame. The background is not included in calculating the sign area; the height of the display may not exceed 10 feet, and the display may project a maximum of 12 inches from the wall if attached parallel to the building.
D.
Election signs. Election signs may be displayed no more than 14 days prior to the election and must be removed within one week of the election. Signs which are not removed within the time limit may be removed and discarded by the Township, and the Township may retain any fees deposited to secure prompt removal of such signs.
E.
Garage/yard sale signs. Garage/yard sale signs may be placed no more than 48 hours before the sale and must be removed before the end of the day of the sale. Signs which are not removed within the time limit may be removed and impounded by the Township, and the Township may retain any fees deposited to secure prompt removal of such signs.
F.
Home occupation signs. A home occupation sign may include a name, an address, an occupation or activity, and a logo or trademark. There may be no illumination, except that a sign for a medical office or emergency service may be illuminated when the business is open.
G.
Indentification signs. Identification signs are generally regulated in accordance with Tables 1 and 2A. However, two special kinds of identification sign are regulated in accordance with Tables 1 and 2B: "development signs" and "public use signs."
1.
"Development signs" are allowed for residential developments. They may include only the name of the development and may not include any commercial advertising.
H.
Incidental signs. Incidental signs must have a setback of 10 feet from the right-of-way, unless they are 30 inches or less in height, in which case no setback is required.
I.
Nonprofit organization signs. Nonprofit organization signs may be placed in street rights-of-way with the approval of the governing body. The governing body may require that they be placed at designated entrances to the community or on common display panels.
J.
Open house signs. Open house signs must include the words "Open House," the day and time of the open house, and the name of the realtor. They may be displayed no more than three days in advance of the open house and must be removed within two hours of the end of the open house. The open house must be attended by the seller or his representative during the entire advertised time of the open house. Signs which are not removed within the time limits may be removed and impounded by the Township, and the Township may retain any fees deposited to secure prompt removal of such signs. There may be no more than two off-premises open house signs for each open house, with not more than one sign per intersection. Open house signs shall be limited to use for six days per month per lot. The placement of open house signs may not interfere with pedestrian or vehicular traffic and must comply with all applicable general regulations in § 708.4.
K.
Real estate signs. Real estate signs must be removed within five days of the completion of the activity which they advertise. Signs which are not removed within the time limits may be removed and impounded by the Township, and the Township may retain any fees deposited to secure prompt removal of such signs. No off-premises real estate signs are permitted.
L.
Special event signs. Special event signs shall comply with any generally applicable rules, regulations, or policies of the governing body and, if a special event has a specific date, signs for that event may be displayed no more than 14 days in advance. All special event signs must be removed within two days of the end of the event. Signs which are not removed within the time limits may be removed and impounded by the Township, and the Township may retain any fees deposited to secure prompt removal of such signs.
§ 708.7 Permitting procedures and fees.
Permits for the placement of signs are required as indicated by Table 1. Sign permit application requirements, such as forms, plans, and fees, shall be established by the Board of Supervisors.
§ 708.8 Nonconforming signs.
Nonconforming signs may continue to be displayed, as long as there is compliance with the following limitations and conditions:
A.
There may be no expansion or increase in the nonconformity in any way.
B.
Maintenance and repair of the sign are permitted; if necessary, up to 50% of the sign and its support structure may be replaced in the event of damage, with this 50% limitation being cumulative; and such replacement must be completed within six months of the damage occurring.
C.
The sign must be brought into conformity if, for a period of at least three months, the message has no longer applied to an activity on the premises. This does not apply to billboards.
§ 708.9 Tables setting forth sign regulations.
LEGEND | |
|---|---|
N/A | Not applicable |
P-Y | Sign is permitted and permit is required. |
P-N | Sign is permitted and permit is not required. |
N | Sign is not permitted. |
* | See supplemental regulations for size, setback or other regulations. |
Zoning Districts: The abbreviations in the column headings represent the Zoning Districts of West Hempfield Township as follows: R-Rural Agricultural, R-R Rural Residential, R-1 Residential 1, R-2 Residential 2, R-3 Residential 3, C-1 Commercial 1, C-2 Commercial 2, I-1 Industrial 1, I-2 Industrial 2. | |
Table 1 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PART A — Signs on Residential Properties [Amended 7-1-2008 by Ord. No. 6-08] | |||||||||
Kinds of Signs and Standard | Supp. Regs. | Zoning District | |||||||
Freestanding Signs and Building Signs - Permanent | |||||||||
R/R-R | R-1 | R-2 | R-3 | C-1 | C-2 | I-1 | I-2 | ||
Home occupation identification | § 708.6F § 708.6G | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y |
Incidental sign | § 708.6H | P-N | P-N | P-N | P-N | P-N | P-N | P-N | P-N |
Billboard | § 708.6A | N | N | N | N | N | N | N | N |
Other | N | N | N | N | N | N | N | N | |
Freestanding Signs and Building Signs - Temporary | |||||||||
Garage/yard sale Open house Real estate Contractor Election | § 708.6E § 708.6J § 708.6K § 708.6C § 708.6D | P-N | P-N | P-N | P-N | P-N | P-N | P-N | P-N |
Special event (On-premises) | § 708.6L | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y |
Special event (Off-premises) | § 708.6L | N | N | N | N | N | N | N | N |
Other | N | N | N | N | N | N | N | N | |
Table 1 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PART B — Signs on Nonresidential Properties [Amended 7-1-2008 by Ord. No. 6-08] | |||||||||
Kinds of Signs and Standard | Supp. Regs. | Zoning District | |||||||
Freestanding Signs and Building Signs - Permanent | |||||||||
R/R-R | R-1 | R-2 | R-3 | C-1 | C-2 | I-1 | I-2 | ||
Business | § 708.6B | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y |
Identification | § 708.6G | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y |
Incidental | § 708.6H | P-N | P-N | P-N | P-N | P-N | P-N | P-N | P-N |
Billboard | § 708.6A | N | N | N | N | N | P-Y | N | P-Y |
Other | N | N | N | N | N | N | N | N | |
Freestanding Signs and Building Signs - Temporary | |||||||||
Business | § 708.6B | P-N | P-N | P-N | P-N | P-N | P-N | P-N | P-N |
Open house | § 708.6J | P-N | P-N | P-N | P-N | P-N | P-N | P-N | P-N |
Real estate | § 708.6K | P-N | P-N | P-N | P-N | P-N | P-N | P-N | P-N |
Contractor | § 708.6C | P-N | P-N | P-N | P-N | P-N | P-N | P-N | P-N |
Election | § 708.6D | P-N | P-N | P-N | P-N | P-N | P-N | P-N | P-N |
Special event | § 708.6L | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y | P-Y |
Other | N | N | N | N | N | N | N | N | |
Table 1 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PART C — Signs in Right-of-Way | |||||||||
Kinds of Signs and Standard | Supp. Regs. | Zoning District | |||||||
R/R-R | R-1 | R-2 | R-3 | C-1 | C-2 | I-1 | I-2 | ||
Nonprofit organization | § 708.6I | Permitted by authority of the Board of Supervisors | |||||||
Other | See § 708.4H | ||||||||
Table 2 — Permitted Number, Area, Height, and Setback for Signs | |||||||||
|---|---|---|---|---|---|---|---|---|---|
PART A — Business Signs (except center signs), Home Occupation Signs, and Identification Signs (except development signs and public use signs) | |||||||||
Kinds of Signs and Standard | Zoning District | ||||||||
Freestanding Signs | R/R-R | R-1 | R-2 | R-3 | C-1 | C-2 | I-1 | I-2 | |
Number permitted per lot | 1 | 1 | 1 | 1 | 1(A) | 1(A) | 1(A) | 1(A) | |
Maximum area (square feet) | 2 | 2 | 2 | 2 | 40(B) | (C) | (C) | (C) | |
Maximum height (feet) | 6 | 6 | 6 | 6 | 20 | 20 | 20 | 20 | |
Minimum setback from right-of-way (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | |
Building Signs | |||||||||
Number permitted per lot | 2 | 2 | 2 | 2 | 1(A) | 1(A) | 1(A) | 1(A) | |
Maximum total area of all building signs on lot (square feet) | 2 | 2 | 2 | 2 | 1 1/2 square feet per linear foot of facade, up to a maximum of 200 square feet | ||||
Total of All Signs | |||||||||
Total number of signs permitted per lot | 2 | 2 | 2 | 2 | 2(E) | 2(E) | 2(E) | 2(E) | |
Maximum total area of all signs on lot (square feet) | 2 | 2 | 2 | 2 | 200 | 280(D) | 280(D) | 280(D) | |
NOTES: | |
|---|---|
(A) | Number permitted on each street frontage. |
(B) | Area permitted on each street frontage. |
(C) | The area permitted on each street frontage is 40 square feet for street frontage up to 80 feet, plus one square foot per two feet of street frontage over 80 feet, up to a maximum of 80 square feet. |
(D) | An additional freestanding sign is permitted for each additional street frontage, with the area to be calculated as indicated in Note (C) above, and with no freestanding sign to exceed 80 square feet. |
(E) | Four if a corner lot. |
Table 2 | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
PART B — Signs Other Than Those Covered in Part A [Amended 7-1-2008 by Ord. No. 6-08] | ||||||||||
Kinds of Signs and Standard | Supple- mented Regs. | Zoning District | ||||||||
R/R-R | R-1 | R-2 | R-3 | C-1 | C-2 | I-1 | I-2 | |||
Government Sign | None placed within rights-of-way; generally not regulated by this section | |||||||||
Billboard | § 708.6A | |||||||||
Maximum area/ surface (square feet) | N/A | N/A | N/A | N/A | N/A | § 708.6A | N/A | § 708.6A | ||
Maximum height (feet) | N/A | N/A | N/A | N/A | N/A | § 708.6A | N/A | § 708.6A | ||
Minimum setback (feet) | N/A | N/A | N/A | N/A | N/A | § 708.6A | N/A | § 708.6A | ||
Number permitted | See § 708.6A for applicable standard | |||||||||
Center Sign | § 708.6B.1 | |||||||||
Maximum area (square feet) | 20 | 20 | 20 | 20 | 20 | 80 | 20 | 80 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 6 | 20 | 6 | 20 | ||
Minimum setback (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | ||
Number permitted | 1 per principal entrance up to a maximum of 2, except that there may be more than 2 if all entrances are at least 1,200 feet apart | |||||||||
Contractor Sign | § 708.6C | |||||||||
Maximum area (square feet) | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | ||
Minimum setback (feet) | * | * | * | * | * | * | * | * | ||
Number permitted | 1 per contractor. See § 708.6C for multiple signs on one lot | |||||||||
Development Sign | § 708.6G.1 | |||||||||
Maximum area (square feet) | 20 | 20 | 20 | 20 | 20 | 20 | 20 | 20 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 6 | 6 | 20 | 20 | ||
Minimum setback (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | ||
Number permitted per res. development | 1 per principal entrance, up to a maximum of 2 entrances | |||||||||
Election Sign | § 708.6D | |||||||||
Maximum area (square feet) | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | ||
Minimum setback (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | ||
Number permitted per lot | No limit. | |||||||||
Garage/Yard Sale Sign | § 708.6E | |||||||||
Maximum area (square feet) | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | ||
Minimum setback (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | ||
Number permitted per lot | 1 per sale | |||||||||
Incidental Sign | § 708.6H | |||||||||
Maximum area (square feet) | 2 | 2 | 2 | 2 | 2 | 2 | 2 | 2 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | ||
Minimum setback (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | ||
Number permitted per lot | 2 per driveway in all zoning districts | |||||||||
Nonprofit Organization Sign | § 708.6I | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | |
Maximum area (square feet) | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | ||
Maximum height (feet) | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | ||
Minimum setback (feet) | * | * | * | * | * | * | * | * | ||
Number permitted | 1 per street frontage in all zoning districts | |||||||||
Open House Sign | § 708.6J | |||||||||
Maximum area (square feet) | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 10 | 10 | 10 | 10 | ||
Minimum setback (feet) | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | ||
* | * | * | * | * | * | * | * | |||
Number permitted per lot | 1 on-premises open house sign; see § 708.6J for off-premises open house signs | |||||||||
Public Use Sign | None | |||||||||
Maximum area (square feet) | 40 | 40 | 40 | 40 | 40 | 40 | 40 | 40 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 10 | 10 | 10 | 10 | ||
Minimum setback (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | ||
Number permitted per lot | 1 in all zoning districts | |||||||||
Real Estate Sign | § 708.6K | |||||||||
Maximum area (square feet) | 6 | 6 | 6 | 6 | 32 | 32 | 32 | 32 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 10 | 10 | 10 | 10 | ||
Minimum setback (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | ||
Number permitted per lot | 1 per street frontage, up to a maximum of 2 per lot in all zoning districts | |||||||||
Special Event Sign | § 708.6L | |||||||||
Maximum area (square feet) | 16 | 16 | 16 | 16 | 16 | 16 | 16 | 16 | ||
Maximum height (feet) | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | ||
Minimum setback (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 | 10 | ||
Number permitted per lot | 1 per lot per event in all zoning districts | |||||||||
Number permitted and maximum area refer to the combined total of all the above kinds of signs; also see supplemental regulations for additional standards: business signs (§ 708.6B), home occupation signs (§ 708.6F), and identification signs (§ 708.6G). |
§ 709.1 Arterial roads.
The following roads are designated as arterial roads:
A.
U.S. route 30 (S.R. 0030).
B.
Any road constructed after January 1, 1993, which is constructed in accordance with the requirements for arterial roads set forth in the Township Subdivision and Land Development Ordinance.[1] Such classification shall apply whether or not such road has been dedicated to or accepted by the Township.
§ 709.2 Collector roads.
The following roads are designated as collector roads:
A.
Marietta Avenue (S.R. 0023).
B.
Columbia Avenue (S.R. 0462).
C.
Old Harrisburg Pike (S.R. 4020).
D.
North Donnerville Road (T-363).
E.
Stony Battery Road (S.R. 3017) from Church Street to Mountville.
F.
Stony Battery Road (T-368).
G.
Prospect Road (S.R. 4005) from Ironville Pike to Route 462.
H.
Prospect Road (S.R. 4001) from Holly Drive to Spooky Nook Road.
I.
Prospect Road (T-626) from Spooky Nook Road to Old Harrisburg Pike.
J.
Prospect Road (T-360) south of Route 462.
K.
Spooky Nook Road (S.R. 4001).
L.
Hempland Road (T-413).
M.
State Route 441 (S.R. 0441).
N.
Any road constructed after January 1, 1993, which is constructed in accordance with the requirements for collector roads set forth in the Township Subdivision and Land Development Ordinance.[1] Such classification shall apply whether or not such road has been dedicated to or accepted by the Township.
§ 709.3 Local roads.
The following roads are designated as local roads:
A.
All roads not specifically listed in §§ 709.1 and 709.2 and not falling within the criteria set forth in §§ 709.1B or 709.2M are designated as local roads.
§ 709.4 Purpose of designation.
The designation of roads by this section is intended for zoning purposes only. Designation of a road as arterial, collector or local for zoning purposes shall not obligate the Township to improve any road to any standard or to maintain any road. Where the provisions of any other Township or County ordinance or state or federal statute or regulation impose more stringent setback requirements, those regulations shall apply.
§ 710.1 Miniwarehouses.
Within the C-2 Commercial District and the I-2 General Industrial District, miniwarehouses shall be subject to the following regulations:
A.
Within the C-2 Commercial District, miniwarehouses shall not exceed an aggregate total of 40,000 square feet of floor area. Within the I-2 General Industrial District, miniwarehouses are permitted in excess of 40,000 square feet of floor area.
B.
Off-street parking shall be provided for miniwarehouses according to the schedule listed in § 707 of this ordinance.
C.
Parking shall be provided by parking/driveway lanes adjacent to the buildings. These lanes shall be a minimum of 26 feet wide when cubicles open onto one side of the land only and a minimum of 30 feet wide when cubicles open onto both sides of the lane.
D.
Required parking shall not be rented as, or used for, vehicular storage. Additional external storage area may be provided for the storage of privately owned recreational vehicles, travel trailers and/or boats, so long as such external storage area is fenced and a buffer screen in accordance with § 802.21 of this ordinance is provided between any residentially zoned land and/or existing dwellings and from adjoining roads. The storage yard shall observe the minimum yard setbacks. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperative motor vehicles or equipment.
E.
Except as provided in Subsection D, all storage shall be kept within an enclosed building. The storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatuses relying upon such fuels shall be stored only in an external storage area as described above.
F.
Because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint remover, and other flammable materials, activities which use such materials, including but not limited to the repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture, are prohibited.
G.
Miniwarehouses shall be used solely for the storage of property. The following lists examples of uses expressly prohibited upon the site.
1.
Auctions, commercial wholesale or retail sales, or garage sales.
2.
The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
3.
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.
4.
The establishment of a transfer and storage business.
5.
Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
The applicant shall adequately demonstrate that all miniwarehouse rental and/or use contracts shall specifically prohibit these uses. |
§ 710.2 Large solar energy production facilities.
[Added 8-3-2010 by Ord. No. 4-10]
Large solar energy production facilities shall be subject to the following regulations:
A.
The layout, design, and installation of large solar energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
B.
All on-site utility and transmission lines extending to and from the large solar energy production facility shall be placed underground.
C.
All large solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.
D.
Large solar energy production facilities mounted on the roof of any building shall be subject to the maximum height regulations specified within each zoning district.
E.
The owner shall provide evidence in the form of stamped plans certified by a professional engineer that the roof is structurally sound.
F.
All ground-mounted and freestanding solar collectors of large solar energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate.
G.
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
H.
The large solar energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation. The large solar energy production facility owner shall then have 12 months in which to dismantle and remove the large solar energy production facility from the property. At the time of issuance of the permit for the construction of the large solar energy production facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.
I.
The owner of the large solar energy production facility shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.
§ 710.3 Large wind energy production facility.
[Added 8-3-2010 by Ord. No. 4-10]
Large wind energy production facilities shall be subject to the following regulations:
A.
The layout, design, and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), Det Norske Veritas, Germanischer Lloyd Wind Energies, the ASTM, or other similar certifying organizations, and shall comply with the Building Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
B.
Large wind energy production facilities shall not generate noise which exceeds 55 decibels measured at any property line.
C.
All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.
D.
All large wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff regulation shall not be considered a sufficient braking system for overspeed protection.
E.
Large wind energy production facilities shall not be artificially lighted, except to the extent required by the FAA.
F.
Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.
G.
Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.
H.
All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent lot.
I.
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
J.
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
K.
No portion of any large wind energy production system shall extend over parking areas, access drives, driveways or sidewalks.
L.
All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.
M.
The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.
N.
All large wind energy production facilities shall be completely enclosed by a minimum eight-foot-high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.
O.
The large wind energy production facility owner is required to notify the Township immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the lot. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Township to secure the expense of dismantling and removing said structures.
P.
The owner of the large wind energy production facility shall be required to provide a certificate of insurance to the Township providing evidence of liability insurance of not less than $1,000,000 and naming the Township as an additional insured on the policy or policies of the owner and/or lessee.
§ 710.4 Co-location of communications facilities on existing towers.
[Added 8-3-2010 by Ord. No. 4-10]
The co-location of communications facilities on existing towers shall comply with the requirements of § 703.7 Subsection C5, 6, 7, 9 and 11.