Township of Springfield, PA Supplementary Provisions

Every principal permitted building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of a performance guaranty pursuant to the Subdivision Regulations of the Township. Such frontage shall be in accordance with that specified in the article pertaining to the particular district in which such lot is located.

No more than one permitted principal use shall be permitted on a lot, except where multiple use (as part of a planned business center or planned hospital, medical/health campus), mixed-use and multiple tenant occupancy is permitted in the D, PRD, SC-1, SC-2, SU, E and F Districts.

No activities which require the moving of earth or the filling or excavation of an area shall occur without a building permit issued by the Code Enforcement Officer. Finish grading or incidental grading of a lot and minor earthmoving from one place to another on a lot for the establishment of a yard or for landscaping shall not require a building permit. The deposit of soils, detritus or other debris which would be unsightly or detrimental to surrounding properties, streets, sewers and natural watercourses as a result of site preparation, grading and/or excavating shall be prohibited.

No building may be erected, altered or used and no lot or premises may be used for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibrations, illumination or noise. No internal-combustion engine shall be used without the proper noise muffler or device. All uses and development shall be in complete conformance with the environmental controls in § 143-113.

No lot or premises shall hereafter be subdivided or reduced in size or area in any manner so as to leave any building or structure so located as to violate the provisions of this or any other ordinance of the Township of Springfield.

No lot or premises in any part of the Township shall be used to keep or raise any chickens, ducks, pigeons or other fowl or any rabbits, hares, guinea pigs, white mice, hamsters or any other small animals, with the exception of specimens kept as household pets, provided that the keeping of the same shall not cause a nuisance. No lot or premises in any part of the Township shall be used to keep or raise any horses, cows, cattle, sheep or any other farm animals or wild animals and reptiles, whether domesticated or not.

In No outdoor parking or storage of disabled, dismantled or partially dismantled vehicles, boats or other forms of transport which may be considered an abandoned vehicle and/or junk vehicle as defined in this chapter (§ 143-9) shall be permitted in any zoning district, except that vehicle repair shops with a valid use and occupancy permit may store such vehicles on the premises for a maximum of 30 days.

(8)

The parking or storage of a recreational vehicle (as defined in § 143-9) used in connection with residential occupancy activities in A, B and C Residence Districts, in the D Residential Apartment District or in a PRD Planned Residential Development District shall only be permitted where said transport is owned or leased by the resident of the premises and shall only be permitted on the premises when parked in back of a line with the front of said residence building. In case of a corner lot, the parking or storage area for the aforementioned shall also be maintained behind the side yard setback line on the street side of said residence building. Recreational vehicles shall also be parked in accordance with the provisions of Article XIII, Flood Hazard District, § 143-94.

[Amended 8-11-2015 by Ord. No. 1558]

(9)

All sales conducted and services performed as part of a permitted use, including the storage and/or display of merchandise, shall be conducted within the confines of a building unless otherwise permitted in this ordinance.

(10)

Temporary sanitation facilities used during construction or other permitted activities shall be located to the side or rear of a property and shall be screened from public view by the landscaping or opaque fencing that is at least six feet in height.

§ 143-103 General lot and yard requirements.

Lot area and yard requirements. The lot or yard requirements for any permitted building or use shall not include any part of a lot that is required by any other permitted building or use to comply with the requirements of this ordinance. No required lot area or yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this ordinance, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

Minimum lot area and lot area per dwelling unit. Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser area, except as provided in Subsection D below.

Minimum lot width. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than required under the applicable zoning district, except as provided in Subsection D below.

Exceptions to minimum lot areas and lot widths. The provisions of Subsections B and C above shall not prevent the construction of a building, provided that the yard requirements are observed on any nonconforming lot, subject to the provisions of §§ 143-9 and 143-112.

Front yard regulations. Where a minimum depth of front yard is specified in a district, an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure except as may be hereinafter permitted.

Exception to required front yard for certain accessory uses. The front yard requirements for any district shall not apply to permitted accessory signs, driveways, sidewalks, flagpoles, or lights. Fences or walls shall be permitted in accordance with the TND Overlay District regulations.

Side and rear yard requirements. Where a minimum width of side or rear yard is specified, no building or other structure shall be erected within such side or rear yard except as provided in Subsection H below and further regulated in § 143-111B.

Projections into required yards.

No building or structure or part thereof shall be erected within or shall project into any required yard in any district except:

Chimneys, balconies, buttresses or cornices, or other similar projections which shall not encroach more than three feet upon the required setback nor reduce the remaining yard to less than three feet.

No building or structure or part thereof shall encroach into a front yard in the A, B, or C Residence districts, except as permitted below:

One-story bay windows, one-story extensions of existing garages, and a stairway, which shall not encroach more than five feet upon the required setback, so that the end of said extension is no closer than 34 feet to the front lot line in an A Residence District and no closer than 25 feet to the front lot line in a B or C Residence District; and

One-story unenclosed porches may be constructed in an A, B or C Residence District as follows:

[i]

On corner lots, a maximum projection of 10 feet into the front yard, provided that such porch is no closer than 25 feet to the front lot line.

[ii]

On other lots, a maximum projection of 10 feet into the front yard may be permitted provided that such porch is no closer than 25 feet to the front lot line.

The location of accessory structures shall be in accordance with the provisions of § 143-111B.

§ 143-104 Exceptions to height regulations for buildings and structures.

The Board of Commissioners may grant conditional use approval, pursuant to the standards set forth in § 143-136, to permit the height of spires, steeples, belfries, cupolas or domes not used for human occupancy or for chimneys, ventilating fans, air-conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, watertanks, utility poles or towers, standards for athletic field lighting and/or sound systems, communications towers, windmills, silos, smokestacks and ornamental or other necessary appurtenances to exceed the height regulations prescribed within this chapter.

§ 143-105 Height limitations of fences and walls.

No fence or wall, except a retaining wall or a wall of a building permitted under the terms of this ordinance, over six feet in height shall be erected within any of the required yards.

§ 143-106 Utility wiring to be underground.

All utility services shall be placed underground for every building, structure, dwelling or other use in all new development or major redevelopment, unless determined otherwise by the Board of Commissioners as a Conditional Use.

§ 143-107 Public utilities.

Exemptions. The use regulations of this ordinance shall apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation, unless, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after public hearings, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.

Lot area and coverage. The minimum lot area and maximum coverage regulations of this ordinance shall apply to public utility facilities, unless the Pennsylvania Public Utility Commission decides that the proposed building in question is reasonably necessary as stated above; provided, however, that all yard and maximum height regulations shall apply, except for necessary towers, poles and lightning rods and arresters.

§ 143-108 Corner vision obstruction.

On any lot, no wall, fence or other structures shall be erected or maintained and no hedge, tree, shrub or other growths shall be planted, grown or maintained which may cause danger to traffic by obscuring the view or shall in any other way be a source of danger.

At the intersection of any street with a curb cut or other accessway, no obstruction of any kind whatsoever of a height greater than 18 inches shall be maintained or permitted within a triangle, the legs of which, measured from the intersection of the curblines and the centerline of such curb cut or other accessway shall be 30 feet on State streets and 25 feet on Township streets.

A clear sight triangle in accordance with § 123-28 of the Subdivision and Land Development Ordinance shall be maintained at all street intersections.

§ 143-109 (Reserved)

§ 143-110 Highway frontage development.

In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following special provisions shall apply:

All areas for off-street parking, off-street loading and unloading and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, buffer planting strip, fence, wall, berm or other suitable barrier against unchannelled motor vehicle entrance or exit, except for necessary accessways or access roads which provide ingress to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out on the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent backup of vehicles on a public street while awaiting entry to the lot.

Each use with less than 100 feet of frontage on a public street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on a public street shall have more than two accessways to any one street. Where practicable, access to parking areas shall be provided by a common service driveway or service street in order to avoid direct access to a public street.

In the case of a planned business center, shopping center, office complex, group of multifamily dwellings or other dwelling units, or similar groupings of buildings on a lot in a nonresidential zoning district, the following shall apply:

All buildings shall front upon a service street, common parking lot or similar area and not directly upon a public street.

All points of vehicular access to and from a public street shall be located not less than 150 feet from the intersection of any public street lines; provided, however, that such a point of vehicular access which, in effect, converts a T-intersection into an intersection of two streets which cross one another shall be permitted.

Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the unified development without undue congestion to or interference with normal traffic flow within the Township.

All streets and accessways shall conform to the design standards of Chapter 123, Subdivision and Land Development. Provisions shall be made for adequate signalization, turn, standby and deceleration lanes and similar facilities where desirable.

All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those related to a dwelling shall be in accordance with Article XV and shall be adequately illuminated during night hours of use at no cost to the Township.

All traffic controls shall be in accordance with § 143-113H.

In the E Business, SU Special Use, F Industrial or SC (1 or 2) Shopping Center District no nonresidential use or accessory use (including, but not limited to, ingress, egress, and signage) shall front or be located on a street which leads into or is adjacent to a residential zoning district, except as permitted by the Board of Commissioners as a Conditional Use. The Board of Commissioners may apply at their discretion conditions and/or restrictions to the use in order to reasonably insulate (by means of buffer strips and adequate screen plantings and other use restrictions) the business use from the adjacent residential area.

§ 143-111 Accessory uses, buildings and structures.

Accessory uses, buildings and structures shall include, but not necessarily be limited to the following:

Uses, buildings and structures accessory to dwellings.

Private garage, private carport, private parking space, shed, shelter for pets owned by the property owner, swimming pool, tennis court, bathhouse and private greenhouse.

Pole, mast, tower or other structures when erected and operated by the occupier thereof who is an amateur radio operator duly licensed by the Federal Communications Commission, subject to the determination made by the Board of Commissioners as defined in §§ 143-104 and 143-111E and F.

Accessory buildings and structures attached to the principal building shall comply with the area and bulk regulations for the principal building, unless otherwise specified herein.

Detached accessory buildings and structures shall be separated from the principal building or structure by a minimum distance of 10 feet and comply with the provisions of this Ordinance pertaining to setbacks and building/impervious surface coverage.

Accessory structures in yards. In any district, unless otherwise specified (or implied by the requirements for a buffer planting strip), accessory structures or buildings may be located, erected or maintained in the side yard or in any rear yard, provided that in no case shall such accessory use, structure or building be closer to any lot line than three feet, except for fences or walls which define property boundary lines or serve as a required continuous visual buffer.

Swimming pools. Swimming pools permitted as an accessory use shall comply with the following conditions and requirements:

The pool is intended and is to be used solely for the enjoyment of the occupants of the principal permitted use of the property on which it is located and their guests.

Noncommercial swimming pools designated to contain more than 18 inches of water shall be erected in conformity with the following requirements:

A permit shall be required to locate, construct or maintain a noncommercial swimming pool.

Swimming pools shall be in the rear or side yard only and shall not be in the front yard. They shall be no closer to a property line than 10 feet in an A or B Residence District, six feet in the C Residence District. In every other residential district, the swimming pool shall maintain setbacks as required for the principal building in accordance with the zoning district. In no case shall such pool be located under any electrical lines or over any existing utility lines.

Every swimming pool shall be entirely enclosed with a fence in accordance with the International building Code for multifamily dwellings and the International Residential Code for one and two family dwellings.

All swimming pools shall be maintained in accordance with the Code of Springfield Township.

Tennis courts. Where permitted as an accessory use, tennis courts shall be located to the rear or side of a building and in no case shall be located in the front yard. Tennis courts shall not be closer to a rear or side property line than 10 feet in the A, B or C Residence Districts; and shall comply with the same setbacks as the principal building in every other residential district. Tennis court fences shall be permitted, but shall not exceed 12 feet in height.

Satellite dish antenna. All parabolic ground or roof based reflectors, together with the pedestal and any other attachments and parts, commonly referred to as a "dish-shaped antenna," used or intended to receive electronic signals from a satellite shall conform to the following:

The diameter of a ground based reflector shall not exceed nine feet, and the diameter of a roof mounted dish shall not exceed three feet.

When ground mounted, the entire structure, including the antenna, shall not exceed 15 feet in height.

Antenna shall not be located within a required front yard.

Any such structure shall meet the setback requirements for an accessory structure.

Screening. Any satellite antenna in a residential district that is ground-mounted and visible from a public street shall be screened by appropriate evergreen plantings with a minimum height of three feet between the antenna and any public street, unless the applicant proves to the satisfaction of the Code Enforcement Officer that screening in such a location would completely block transmission signals.

No more than two antennae shall be permitted per dwelling unit.

Before erecting any such structure, a building permit shall be obtained.

Radio communication antennas in all districts. All radio communication antennas and supports shall be in accordance with the International Building Code and the following:

All masts, towers, poles and the like shall be located in the rear yard and shall be set back from any property lines a distance equal to the height of the structure.

No more than one radio communication antenna shall be permitted on any lot.

Antennas may be permitted to be affixed to the side or rear of the principal or accessory building.

Private garages and carports. Private garages in every residential zoning district shall comply with the following:

The maximum height of any such structure shall be 12 feet.

[Amended 5-8-2012 by Ord. No. 1520]

The maximum height of any such structure in excess of 12 feet may be permitted as a special exception; however, in no event shall any special exception permit the maximum height of such a structure to exceed 18 feet.

A maximum of one garage or carport, whether attached or detached, shall be located on a lot.

A garage or carport shall be no larger than 24 feet by 24 feet, unless otherwise approved as a conditional use by the Board of Commissioners.

A detached garage or carport located in a side yard shall be a minimum of 90 feet from the street line, or where the lot has a total depth of less than 120 feet, the distance between the garage or carport and the street line shall be at least 75% of the total depth of the lot.

Such detached garage or carport shall be located at least 10 feet from the principal building.

Sheds. Sheds in every residential zoning district shall comply with the following:

The maximum height of any such structure shall be 10 feet.

The number of sheds on a lot shall be limited to one.

A shed shall not exceed 168 square feet in area with no wall dimension greater than 14 feet in length and shall be located in the rear yard with a minimum setback of three feet from property lines. (See also Chapter 20, Article III.[1])

[1]

Editor's Note: Former Ch. 20, Building Code, Part 1, General Regulations, adopted 12-17-1931 by Ord. No. 70, as amended, was repealed 10-13-1998 by Ord. No. 1345, and Part 2, BOCA National Building Code, adopted 8-14-1979 by Ord. No. 1012, as amended, was repealed 6-8-2004 by Ord. No. 1418. See now Ch. 134, Uniform Construction Code.

All sheds shall be placed on a concrete slab equal to the wall dimensions of the shed.

A shed permit shall be obtained prior to the erection of any shed.

§ 143-112 Nonconforming uses and structures.

Continuation. All structures, uses of structures and uses of land that do not conform to the regulations of the district in which they are located after the effective date of this ordinance shall be regarded as nonconforming, and the following regulations shall apply to them.

Alteration or extension.

Nonconforming structure. Nonconforming structures may be altered, reconstructed or enlarged not more than once from the date of enactment of this ordinance, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity in accordance with the following:

Dimensional setback and yard encroachments. A proposed extension may be increased by no more than 10% of the dimension of the existing encroachment as measured from the required setback line.

Building and impervious surface coverage. Increases shall not exceed the difference between the actual percentage of lot coverage less the required lot coverage by more than 10%.

In no case shall alteration or extension of nonconforming structures shall not decrease the widths of required buffer planting areas, other required landscaped areas or in the case of accessory structures, the three foot minimum yard width.

In the case of a nonconforming structure being used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirement of Subsection B(3) below.

Nonconforming lots. A building may be constructed on any lot which was lawful when created and which, prior to the effective date of this ordinance, was in single separate ownership duly recorded by plan or deed, provided that the yard requirements of this ordinance for the district in which the lot is located are observed.

Nonconforming uses. Nonconforming uses shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:

Such alteration, reconstruction, extension or enlargement shall be permitted only by special exception under the provisions of Article XX.

Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence at the date the use became nonconforming.

Any increase in volume or floor area of the nonconforming use shall not exceed an aggregate of more than 10%, of said volume or floor area, during the life of the nonconformity.

Restoration. A nonconforming building or any building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption or else the nonconforming building or use shall be deemed to be abandoned.

Ownership. Whenever a lot is sold to a new owner, the lawful nonconforming use may be continued by the new owner provided that the nonconforming use has not been deemed abandoned.

Abandonment. If a nonconforming use of a building or land is abandoned for 12 consecutive months, whereby the owner discontinues the use with the intention neither of transferring rights of the property to another owner nor of resuming the use of the property, the subsequent use of such building or land shall conform to the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with Subsection F and that such approved use is initiated within 30 days after the end of the twelve-month period.

Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another equally restrictive or more restrictive nonconforming use only if permitted as a special exception by the Zoning Hearing Board and subject to the following conditions:

The applicant shall show that a nonconforming use cannot reasonably be changed to a conforming use.

The applicant shall show that the proposed change will be no more objectionable in external effects than the existing nonconforming use or will be more appropriate than the existing nonconforming use with regard to:

Traffic generation and congestion.

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare, illumination or vibration.

Outdoor storage.

Sanitary sewage disposal.

District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses or structures existing in the district to which the area was transferred.

§ 143-113 Environmental controls.

It is the intent of these regulations to prevent land or buildings, including those permitted by right, by conditional use, by special exception or by variance, from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition, such as fire, explosion or other hazards, noise, vibration, illumination, odor, glare or heat, conditions conducive to the breeding of rodents or insects or other substance, condition or elements in a manner or amount as to adversely affect the surrounding area. All uses shall operate in conformance with the environmental controls set forth herein and relevant statutes, codes, rules and other regulations of the United States government, the Commonwealth of Pennsylvania, Delaware County, governmental, quasi-governmental and governmentally regulated bodies, companies and authority entities and other chapters of the Code of Springfield Township. The most stringent regulation applicable shall be used.

All plans for proposed development or redevelopment in the Township shall illustrate, depict, note or otherwise demonstrate compliance with this section and in accordance with the requirements of the Subdivision Regulations, Chapter 123.

Noise and odor control. All noise controls shall be governed by Chapter 77 of the Code of Springfield Township. All restaurants, bakeries and uses that exhaust cooking or food processing odors to the atmosphere shall provide a mechanical exhaust system that will eliminate odors.

Vibration control. Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual standing at or beyond the property boundary of the source, if on private property, or at 50 feet from the source, if on a public space or public right-of-way, shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground-or-structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. Exception shall be made for equipment used in excavation, grading or other construction activities.

Storage control.

No flammable, highly volatile or explosive liquids, solids or gases shall be stored in bulk above the ground, except that tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located and operated on the same lot as the tanks or drums of fuel may be stored above ground, provided that such tanks or drums are not more than 2,000 gallons. All such tanks or drums shall be painted or otherwise coated white or other heat reflective color. All federal, state and local laws shall be met.

All outdoor storage facilities for fuel in excess of 55 gallons, raw materials and other products stored outdoors, including those permitted in Subsection E(1) above, shall be enclosed by a fence of a type, construction and size and shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also constitute a visual buffer. All federal, state and local laws shall be met.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off by any causes or forces of nature, nor shall any substance which can contaminate a stream or other watercourse or otherwise render such stream or other watercourse undesirable as a source of water supply or recreation or which will destroy or otherwise harm aquatic life be allowed to enter any stream or other watercourse or cause or contribute to a violation of federal, state or local law.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off by any causes or forces of nature to damage, destroy or create hazards or contamination to humans, terrestrial wildlife, soil and/or vegetation.

Underground storage of flammable, combustible, explosive or other hazardous substances or materials and the construction or installation of tanks and other receptacles therefor shall be in accordance with the International Fire Prevention Code and subject to the approval of the Fire Marshal to the extent such approval is not preempted by federal or state law. Any such approval, if given, may be given subject to such conditions as the Fire Marshal or Code Enforcement Officer deems necessary to protect the public health, welfare and safety.

All materials or wastes which cause or are reasonably likely to cause fumes, odors or dust or which constitute a fire-hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. All federal, state and local laws shall be met.

Glare, illumination and heat control. Direct or sky-reflected glare, whether from spotlights, floodlights, signs, lighting fixtures for off-street parking and loading/unloading facilities so as to illuminate an adjacent property shall be prohibited. Direct or sky-reflected glare from high temperature processes such as combustion or welding or from other source, so as to be visible at the lot line of the receiving land use shall be prohibited. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line of the receiving land use.

Fire and explosion control. All activities and all storage of flammable and explosive materials at any point within a lot shall be provided with adequate safety and fire-fighting devices in accordance with the International Fire Prevention Code in effect at the time such activity or storage is occurring.

Traffic control.

No activity shall occur which would adversely affect traffic flow and/or present traffic controls within the Township by creating a level of service below that which is specified in this subsection.

To minimize potential adverse conditions, the level of service for traffic along any portion of a road which leads to the points of ingress and egress of a tract or other proposed property shall be a level of service C or better. The term "level of service" and the categories thereof are used herein in accordance with the definitions or meanings ascribed thereto in the document entitled Highway Capacity Manual, Special Report 209, Transportation Research Board, 1985, or any new chapters, supplements, amendments and editions approved by the Transportation Research Board, National Research Council, Washington, D.C.

The determination of levels of service shall be made after an experienced transportation engineer/traffic consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, in particular the following chapters: 471-610, pertaining to engineering and traffic studies; 471-611, pertaining to maintenance and protection of traffic; and 471-615, pertaining to official traffic-control devices. Said study shall indicate compliance with the requirement for a level of service C or better, as set forth in Subsection H(1) above, and shall include the data upon which the conclusions of said study are based, including, without limitation, traffic counts, the hours thereof, the dates thereof and the types of motor vehicles comprising such counts.

The scope of the traffic study with regard to the intersections and roadways to be included in the study shall be approved by the Township Engineer prior to the completion of the study.

All streets, intersections, and/or individual movements at intersections showing a level of service below C shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to the following elements: internal circulation design, site access location and design, external street and intersection design and improvements, and traffic signal installation and operation, including signal timing.

Soil erosion, sedimentation and grading control.

No construction or development activity shall occur unless in strict compliance with the subdivision regulations and all other code provisions. Such reference is made to call particular attention to the controls which shall be exercised when clearing trees and other vegetation or otherwise changing or altering the land form.

§ 143-114 Environmental impact assessment report.

In order to more effectively evaluate subdivision and/or land development proposals, the applicant shall be required to disclose the environmental consequences or effects of such proposals through the submission of an environmental impact assessment (EIA) report.

An EIA report shall be submitted for the following:

Any application for tentative, preliminary and/or final plan approval for a planned residential development or residential development that creates more than three new residential lots.

Any preliminary plan for proposed development governed by the conditional use provisions of this ordinance, which the Board of Commissioners envisions to have a significant potential impact on the community.

Any proposed development in the E, SU, SC or F Districts which the Board of Commissioners envisions to have a significant potential impact on the community.

An updated EIA report shall accompany and form a part of the final plan for any of the above.

The EIA report shall disclose the environmental consequences or effects of proposed projects and the actions proposed to avoid, remedy and/or mitigate adverse impacts. The EIA report shall contain text, maps and analyses in accordance with the outline below.

Seventeen copies of the EIA report shall be submitted. Within the EIA report, specific emphasis shall be directed toward the proposed project's effects on and relationship to applicable site, neighborhood (including areas in adjacent Townships where applicable) and Township-wide resources, conditions or characteristics. The EIA report shall include text, tables, maps and analyses for the purpose of describing the project site, proposed use(s), environmental characteristics and the environmental effects of the proposal as follows:

An identification of the site location and area through the use of a location map drawn at a scale of not more than 2,000 feet to the inch. The location map shall depict all streets, adjoining properties, zoning district boundaries and municipal boundaries within 500 feet of any part of the tract. In the case of development of a section of the entire tract, the location map shall also show the relationship of the section to the entire tract.

An identification of the site character and appearance through the presentation black and white photographs or copies thereof. Such photographs shall provide a representation of what the site looks like from the ground. Photographs should be properly identified or captioned and shall be keyed to a map of the site.

An identification of the nature of the proposals through the presentation of the following:

A site development plan, including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and a depiction of the features which are proposed, such as streets, driveways, parking areas, building and other structures and all impervious surfaces. The plan shall be drawn at a scale of not more than 100 feet to the inch and may be submitted as an attachment to the report. The plan shall reflect all the information required under the plan requirements of the Subdivision Regulations, Chapter 123.

Floor plans and elevations depicting the proposed size, square footage and height of buildings and/or other structures.

A statement indicating the existing and proposed ownership of the tract and, where applicable, the type of ownership, operation and maintenance proposed for areas devoted to open space or otherwise not under the control of a single lot owner.

A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or phase of the project. Such boundaries shall be superimposed on a version of the site development plan.

An identification of physical resources associated with the natural environment of the tract, including such features as geology, topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative and quantitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not more than 100 feet to the inch as specified below and may be either incorporated into the EIA report or submitted as attachments to the report.

A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features such as faults and/or fractures.

A map depicting the topographical characteristics of the tract. Such map shall contain contours with at least two-foot intervals and shall depict slopes ranging from: 0% to 15%, 15% to 25% and greater than 25%.

A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed subdivision and/or land development, such as depth of bedrock, depth of water table and flood hazard potential.

A map depicting the hydrological characteristics of the tract. Such map shall depict surface water resources, their drainage characteristics, watersheds and floodplains and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, lakes and other natural bodies of water, springs, wetlands and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.

An identification of biological resource associated with the natural environment of the tract, including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not more than 100 feet to the inch, as specified below, and may be either incorporated into the EIA report or submitted as attachments to the report.

A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the woodland and forest areas of the tract and shall note the types of vegetation associations which exist in terms of their species types and sizes. In addition, all trees 12 inches in caliper or greater, shall be accurately located on the map either as freestanding trees or as tree masses.

A map depicting characteristics associated with wildlife habitats. Such map may draw upon vegetation, hydrology and soil maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s).

An identification of the land use conditions and characteristics associated with the tract, such as current and past use, land cover and encumbrances and the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps, drawn at a scale of not more than 100 feet to the inch, shall be incorporated into the EIA report or submitted as attachments to it.

A map depicting the land cover characteristics of the tract. Such map shall define existing features, including paved or other impervious surfaces, woodland and forest areas, cultivated areas, pasture, old fields, lawns and landscaped areas and the like.

A map depicting any encumbrances to the tract. Such map shall define easements and other areas where certain use privileges exist.

A map depicting the land uses adjacent to the proposed tract. Such map may be at the same scale as the location map.

An identification of the historic resources associated with the tract, such as areas, structures and/or routes and trails which are significant. Areas, structures and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places and the Historic American Building Survey and any which may be identified in the Comprehensive Plan shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map, drawn at a scale of not more than 100 feet to the inch, depicting historic resources shall be incorporated into the EIA report or submitted as an attachment to the report.

(8)

An identification of the visual resources associated with the tract, such as areas which have a particular amenity value and areas which offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition, a map, drawn at a scale of not more than 100 feet to the inch, depicting visual resources shall be incorporated into the EIA report or submitted as an attachment to the report.

(9)

An identification of the community facility needs associated with the users and/or residents of the proposed subdivision and/or land development. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service) shall be discussed in terms of the ability of existing facilities and services to accommodate the demands of future users and/or residents of the lots and/or tract and the need for additional or expanded community facilities.

(10)

An identification of utility needs associated with the users and/or residents of the proposed subdivision and/or land development. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Utilities (such as those used for water supply, sewage disposal, refuse disposal, storm drainage, communications and electrical transmission) shall be discussed in terms of the ability of existing utility installations to accommodate the demands of the future users and/or residents of the lots and/or tract, the need for additional or expanded utility installations, the ability to achieve an adequate system for storm drainage and stormwater management.

(11)

An identification of the relationship of the transportation and circulation system needs of the proposed subdivision and/or land development to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it and expected traffic volumes generated from the subdivision and/or land development, including their relationship to existing traffic volumes on existing streets, for both peak-hour and non-peak-hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed subdivision and/or land development and what improvements are proposed to remedy any physical deficiencies. All of the foregoing shall also adhere to the provisions of § 143-113H.

(12)

An identification of the social and demographic characteristics related to the proposed subdivision and/or land development. The characteristics which shall be presented in narrative form shall include a profile of the future users and/or residents of the lot and/or tract, including information such as the number of people expected to work or live at the tract. Such information shall be related to initial and completed subdivision and/or land development conditions.

(13)

An identification of the economic and fiscal characteristics related to the proposed subdivision and/or land development. The characteristics which shall be presented in narrative form shall include a profile of the Township, county and school district revenues which the proposal may generate and the Township, county and school district costs it may create. Such information shall be related to initial and completed subdivision and land development conditions.

(14)

An identification of characteristics and conditions associated with existing construction related and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, smoke, dust, fumes, vapors and gases and/or radioactive materials.

(15)

An identification of compliance with the environmental controls as required in § 143-113.

(16)

The implications of the proposed subdivision and land development in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed subdivision and/or land development to the resources, conditions and characteristics described in Subsection C(4) through (15) above. In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics by mapping same at a scale of not more than 100 feet to the inch wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the subdivision and/or land development plan in terms of avoiding or reducing potential adverse effects.

(17)

Alternatives to the proposed subdivision and/or land development. To indicate such alternatives, the applicant shall comment on how alternatives such as revised location, redesign, layout or siting of buildings, roads and other structures, reduction in the size of proposed structures or number of structures and the like would preclude, reduce or lessen potential adverse impact or produce beneficial effects. In addition, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form.

(18)

Probable adverse effects which cannot be precluded. In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications, that is, whether the adverse effects will have direct or indirect influence on a particular resource, condition or characteristic.

(19)

Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards and those unique to a specific project as follows:

Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county and/or Township for remedial or protective action, such as sedimentation and erosion control, stormwater runoff control, water quality control, air quality control and the like.

Mitigation measures related to impacts which may be unique to a specific subdivision and/or land development are those related to efforts, such as revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or businesses, land acquisition and the like.

(20)

Any irreversible environmental changes which would occur due to the proposed subdivision and/or land development should it be implemented. To indicate such change, the use of nonrenewable resource during the initial and continued phases of the subdivision and/or land development shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and related qualitative effects.

In making its evaluation, the Board of Commissioners may request any additional information it deems necessary to adequately assess potential environmental impacts. Further, whenever any information required in Subsection C above is not directly applicable to the proposed project, the applicant shall indicate such inapplicability for each and every such item in the narrative of the EIA report and state why such information is considered to be inapplicable in the case of the particular project in question.

The EIA report shall be prepared by an engineer, architect, landscape architect or land planner.

§ 143-115 Buffer area standards.

Buffer areas as defined in Article II and required in various districts shall be adjacent to a property boundary.

Buffer areas shall be landscaped and maintained in accordance with § 143-116.

All plantings shall be installed and maintained for the full width required in a particular district, except that certain structures may be placed within the buffer area, including:

The required plantings and related landscape treatment such as berms, fence or walls which aid in screening and do not conflict with the character of adjoining properties or block the clear sight distance required at intersections.

Appurtenant landscaping structures, such as tree wells, tree guards and tree grates and retaining walls used to preserve stands of existing trees or used for other functional purposes.

Roads which provide direct ingress/egress for the tract, including appurtenant structures within such road rights-of-way such as curbs, sidewalks, signs, lighting standards or benches.

Underground utilities and sewers provided that they are installed perpendicular to the width of the buffer strip.

No structures other than those set forth in § 143-115C shall be placed within a buffer area, and no parking of any kind shall be permitted within the required buffer area.

§ 143-116 Landscaping requirements.

Landscaping shall be installed and maintained in accordance with a landscaping plan approved by the Board of Commissioners. A landscaping plan shall depict all proposed plantings as required within buffer areas in the form of a buffer planting strip and in other landscaped areas which relate to, compliment, screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance, disposal, loading/unloading areas and/or structures, courtyards and other structures and site features.

A landscaping plan shall be submitted at the time when all other required applications and/or plans are submitted. It shall be based on and reflect the following:

The functional and aesthetic factors which relate to the tract and to the principal and accessory buildings and other structures.

Concealing views to the tract.

Enhancing views from and within the tract.

Screening and complimenting proposed buildings and other structures.

Creating visual interest for the users and/or residents of the proposed project.

Using plant materials which are perennial, hardy and acclimated to the conditions at the tract and within the Township.

The landscaping plan shall include notes, diagrams, sketches or other depictions to present the consideration and analysis of the following:

An analysis of the site in terms of the existing views to and from the areas which are proposed for development, existing topography and vegetation conditions and other existing conditions which are relevant to the site.

An analysis of proposed planting and other landscaping needs as related to screening buildings and sections of buildings, screening parking areas and other areas where vehicles are parked, screening storage and disposal/loading/unloading areas, screening a site from a more restrictive zoning district, screening site utilities and other appropriate types of screening and/or buffering.

The consideration of locations where plantings and other landscaping is needed to provide visual interest, defined outdoor spaces, compliment the proposed architectural style and achieve other functional and aesthetic requirements for buffer areas, buffer planting strips and other landscaped areas.

Elevations of a particular area of the landscape plan shall be provided by the applicant upon request of the Township.

A preliminary and final landscaping plan shall reflect the following detailed criteria:

Buffer planting strips shall be installed and maintained in the buffer areas at the width required in this ordinance to form a Continuous Visual Buffer. In addition to groundcovers and evergreen shrubs, the buffer planting strip shall be comprised of two staggered rows of evergreen trees which are six to eight feet in height at the time of planting, spaced at nine-foot centers.

Shade trees shall be provided along all streets where there are no existing shade trees or to provide additional trees as needed to comply with the following. When planted, shade trees shall be located at least three feet beyond the right-of-way line. No less than two-and-one-half-inch caliper tree shall be planted for each 30 feet of roadway length. Such trees shall be planted in alternating rows whereby trees on one side of the street are placed at intervals of 60 feet. However, such trees may be grouped in certain cases to achieve a particular design objective when approved by the Shade Tree Commission.

The outer perimeter of all parking areas shall be screened. Effective screens may be accomplished through the use of plant materials, fencing or walls, or use of earthen berms.

Parking lots shall be landscaped as required in Article XV, § 143-98.

All buildings shall be landscaped in accordance with the following criteria:

A combination of evergreen and deciduous trees and shrubs shall be used as foundation plantings, i.e., plantings to be installed in reasonably close proximity to the building facades. The spacing of such plantings shall be in accordance with the chosen plant types.

One two-and-one-half-inch caliper specimen deciduous tree shall be planted for every fifty-foot length of building facade measured from end to end of buildings, without regard to indentations and the like in the buildings and facades and excluding any enclosed walkway connectors and elevator cores, such tree to be a minimum of 11 to 13 feet in height at the time of planting; and one eight-to-ten-foot specimen evergreen tree shall be planted for every 50 feet of length of building facade.

Five evergreen and/or deciduous shrubs shall be planted for every 20 feet of length of building facade.

Trees and shrubs shall be grouped in accordance with specific needs and objectives.

Other landscaping including trees, shrubs and ground-covers shall be provided along walkways, in courtyards, around sitting areas, at the entrance to the site and in other highly visible locations, especially on the outer side of any internal access roads which are visible from a public street which may adjoin a tract, at the entrance to buildings and around structures used for service, storage or maintenance purposes.

The location, type, size, height and other characteristics of landscaping shall be subject to the review and approval of the Board of Commissioners.

The preliminary landscaping plan shall be drawn at a scale of at least one inch equals 50 feet. It shall be totally coordinated with the overall site plan and shall contain the following:

A delineation of existing and proposed plant materials.

A delineation of other landscaping features, such as berms, planting beds to be used for herbaceous plants, areas to be devoted to lawns and other elements of the proposed improvements, such as fences, walls, berms, retaining walls, lighting, benches, signs, paving, stone, tree wells and the like.

One color-rendering of the preliminary landscaping plan shall be submitted for review by the Township, in addition to the number of prints which are otherwise required. The color-rendering shall reflect total coordination with the overall site plan in terms of its relationship to proposed buildings, roads, parking areas, walks, walls, fencing, benches, signs, lighting and other like structures.

A written narrative of the analysis and objectives for plantings as required under Subsection C above.

After the Township has reviewed the preliminary landscaping plan and submitted comments on the plan to the applicant, a final landscaping plan shall be submitted. The final landscaping plan shall be drawn in greater detail than the preliminary plan. It shall be totally coordinated with the overall site plan and shall contain the following:

A final version of all of the plan requirements stated in Subsection E above for a preliminary plan.

A plant list wherein the botanical and common name of proposed plants are tabulated, along with the quantity, caliper, height and other characteristics.

Details for the planting and staking of trees and the planting of shrubs and any other details which depict other related installation.

Information on the form of notes or specifications concerning planting beds to be used for herbaceous plants, areas to be devoted to lawns and the like. Such information shall convey the proposals for seeding, sodding, mulching and the like.

Information regarding the continued maintenance of all plantings and notes indicating that all plantings will be installed, maintained and replaced if dead or diseased in locations as shown on the approved landscaping plan.

Plant characteristics and maintenance.

All plants shall conform to the standards for nursery stock of the American Association of Nurserymen.

Trees and shrubs shall be typical of their species and variety, have normal growth habits, well-developed, densely foliated branches and vigorous, fibrous root systems.

Trees and shrubs shall be free from defects and injuries and certified by appropriate federal and state authorities to be free from diseases and insect infestations.

Trees and shrubs shall be freshly dug and nursery grown. They shall have been grown under climatic conditions similar to those in locality of the project or properly acclimated to conditions of the locality of the project.

Any tree or shrub which dies within one year of planting shall be replaced. Any tree or shrub which, within one year of planting or replanting, is deemed, in the opinion of the Township, not to have survived or grown in a manner characteristic of its type shall be replaced. Substitutions for certain species of plants may only be made when approved by the Board of Commissioners.

It shall be the responsibility of the landowners, tenants and/or other occupants of the premises to adequately and properly maintain the landscaped areas, which responsibility shall include watering, cleaning of weeds and debris, pruning and trimming, replacement of dead or diseased plantings and fertilizing to maintain healthy growth.

The combined evergreen shrub and tree plantings, which shall constitute a Continuous Visual Buffer, shall be reestablished at the time of occupancy of any buildings and/or at the time of initiation of any use, tenancy or occupancy.

(8)

All trees along the right-of-way of any property shall be kept trimmed nine feet above the sidewalk and 13 feet above all streets.

(9)

All shrubs and other growth abutting the sidewalks shall be kept cut back six inches from the edge of the sidewalks.

(10)

Existing trees and shrubs at the corner of an intersection and/or driveways shall be cut to the height of 18 inches from the point of intersection of street lines back 25 feet for Township roads and 30 feet for State roads, to avoid blocking sight distance to oncoming traffic, and shrubs or ground covers to be planted shall be of the dwarf variety and shall not exceed 18 inches in height at maturity.

§ 143-116.1 Temporary structures.

To provide for and regulate the erection, installation, use and prevention of use of temporary structures, and their relationship with zoning districts, site situations, time and purpose, so that said temporary structure and its use will not become a hazard to the public health, safety, morals and general welfare, as provided in § 143-3 of the Springfield Township Zoning Ordinance of 1985, as amended.

Scope and applicability. Any temporary structure placed, installed or erected, relocated or maintained in Springfield Township shall conform to the provisions of this section and its requirements and, to the extent possible, all other requirements of the Code of the Township of Springfield, as amended.

Permit required. It shall be unlawful for any person, firm, corporation or association to place, install, erect, maintain or relocate any temporary structure without first obtaining a permit from the Code Enforcement Officer.

Applications.

Application for a permit shall be made in writing upon a Township form to the Township Code Enforcement Officer and shall present full particulars of the proposed structure, as to type, size, shape, materials, supports, location and height above ground level, use and times as well as its relationship to the site and surroundings. Structures such as trailers and trucks shall bear current license plates which shall be discernible.

All applications shall be accompanied by a plan drawn to scale showing the temporary structure, its size and location with respect to the property boundaries of the lot, existing structures, driveway access, walks, fire lanes, fire hydrants, off-street parking facilities, drainage facilities, existing highways, screen plantings, traffic signals and public rest-room facilities. The application must be accompanied by written approval of the property owner and shall set out the need and proposed use of the structure.

Fees. All applications for permits shall be accompanied by a fee in accordance with the fee schedule for the same established by the Springfield Township Board of Commissioners, from time to time, by resolution.[1]

[1]

Editor's Note: The fee schedule is on file in the Township offices.

Classification of temporary structures by type:

Type A: tents, pavilions, stretched tarps, screen or lath houses, canopies, light metal, reeds, plastic or pressed-paper structures. (It is not intended that Type A structures used in family household events or social activities in residence districts be subject to these requirements).

Type B-1: commercial trucks and trailers left for loading and unloading purposes.

Type B-2: commercial trucks and trailers for storage or shelter purpose.

Type B-3: commercial trucks and trailers with mounted special equipment.

Type B-4: commercial trucks and trailers used for sales purposes, as well as private recreation vehicles used for commercial activity.

Type C: parked trucks and trailers left on premises which are unrelated to the principal use thereon.

Type D: construction trailers and related structures required for site construction.

Zoning district restrictions. Temporary structure types, which are permitted only in the following districts:

A Residence District, B Residence District, C Residence District, D Residential Apartment District and PRD Planned Residential Development District:

Type A structures, for a limited specified time.

Type D structures, during construction.

Type B-2, for storage purposes only, for a limited specified time.

E Business District, SU Special Use District, F Planned Industrial District and SC Shopping Center District:

Type A structures, for a limited specified time.

Type B and C structures, for a limited specified time.

Type D structures, during construction.

Time limitations.

The various types of temporary structures shall be subject to time limitations.

Type A structures, since that will occupy space involving setback, side yard and rear yard provisions, open space, off-street parking space and accessways, shall be restricted to remaining on the premises for the shortest period of time possible and maintained no longer than 24 hours after completion of the event. In any case, Type A structures shall not be maintained more than 30 consecutive calendar days. The exercise of an application for a permit shall not be used more than one time period annually on a specific or adjacent premises by the same interested applicant.

Type B-1 structures shall be limited to a period of time not in excess of 24 hours on said premises.

Type B-2 structures shall be limited to timed situations in which the Code Enforcement Officer shall make a determination as to the time he/she deems adequate for the purpose, but not in excess of 30 days.

Type B-3 structures containing special equipment may be maintained for only the shortest period of time necessary to accomplish the task for which they are required, but in no event longer than 30 consecutive calendar days, in any one period.

(e)

Type B-4 structures shall not be maintained on any premises (with the exception of duly licensed food vendors operating with a permit from the Board of Health).

(f)

Type C structures shall not be maintained for a period of time more than one week in any one year.

(g)

Type D structures may be maintained only during the course of construction. Their removal from the site shall be accomplished prior to the issuance of a certificate of occupancy for the construction.

It is the intent of these requirements to limit the use of temporary structures. Therefore, any attempt to circumvent the rules, by removing and returning or repositioning or substituting the structures shall be considered a violation of this article, and the violator shall be subject to the penalty provisions of the Zoning Code.

Time limitation determination. The Code Enforcement Officer and/or the Board of Commissioners are empowered to set the limited specified times for the various types of temporary structures weighing the type, use, minimum need, location and community impact. They shall have the right to deny the application if, after review, it is found not to be in the best interest of the Township, or not in strict compliance with the provisions set out in this Article.

Application review. The applications received by the Code Enforcement Officer shall be reviewed by said officer and, if the said officer requires, also by the Fire Marshal, the Police Department, the Health Officer or by the Board of Commissioners of the Township of Springfield.

Minimum requirements to be met. The Township's officers and the Board of Commissioners, when reviewing said application, shall consider the following requirements, to ensure that the proposal will:

Not adversely affect the health, safety and general welfare of the Township and the immediate area.

Not be incompatible with the character and type of development existing in the area which surrounds the site in terms of size, scale, height and existing uses.

Not detract from, nor cause annoyance to neighboring properties, nor create a negative impact on the regular course of activity of the immediate neighborhood, or the Township, by reason of noise, light, fumes or access to property.

Not create a situation which will cause a possible hazardous situation of fire, traffic or crowd control, nor endanger public health and morals.

Not create a loss or interfere with off-street active parking spaces normally used for the conduct of existing uses.

Not allow structures, including guy wires, anchors, etc., to be closer than five feet from any Township, state or private rights-of-way.

Provided further that in the A, B and C Residence Districts, Type B-2 structures are to be located in the side or rear yard. A Type B-2 structure may be placed in a front yard setback where abrupt changes in grade or other topographical conditions prohibit the placement of the structure in the side or rear yard.

Include full details to determine need and its compliance with the Zoning Code (Chapter 143).

Permit issuance or refusal.

If the Code Enforcement Officer determines that an application is in compliance with the provisions of this ordinance, it shall be his duty to issue the appropriate permit with a time limit stated thereupon and, if he/she determines that an application is not in compliance with the provisions of the code, it shall be his duty to refuse the permit, in which case he may refer the applicant in the method of an appeal to the Zoning Hearing Board, as provided in the Zoning Code (Chapter 143).

No permit shall be issued to any applicant until any and all fees incurred, payable to the Township, are paid in full.

§ 143-116.2 Regulations governing communications antennas and communications equipment buildings.

Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.

Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.

Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter from its design base.

Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania-registered engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township Engineer for compliance with Springfield Township's Building Code[1] and other applicable law.

[1]

Editor's Note: See Ch. 134, Uniform Construction Code.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Communications antennas shall not cause radio frequency interference with other communications facilities located in Springfield Township.

A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.

The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.

§ 143-116.3 Residential wind energy systems.

Wind Energy Systems, consisting of a horizontal or vertical axis wind turbine, base, blade, foundation, tower, rotor, transformer, inverter, batteries, and any other associated equipment or component necessary to generate electricity through wind power, may be permitted in residential districts by Conditional Use in accordance with this Section and Article 19, § 143-136.

All components of the Wind Energy System shall be considered accessory structures and the generation of energy as an accessory use to a principal residential use. There shall be no commercial use of a wind energy system, except for that energy generated in excess of the requirements of the property and purchased by a public utility in accordance with the law or other government regulations.

Wind energy generation shall be limited to one wind turbine per lot.

Wind turbines shall have a capacity of 10 KW or less.

The maximum height of any wind turbine shall not exceed 45 feet. The maximum height shall include the height of blades or other components at the highest point.

All moving parts of a wind turbine shall be a minimum of 10 feet above the ground.

No wind turbine shall be placed in a front yard.

Wind turbines shall be set back from all property lines a distance at least equal to the height of the turbine plus 25% of the height.

Noise emitted from the operation of a wind energy system shall be in accordance with all applicable Township Ordinances.

Wind turbines shall not be illuminated except as otherwise required by law.

Access to a wind turbine tower shall not be provided any lower than 10 feet above ground level.

There shall be no antennae, advertising, or other items or material affixed or placed on any component of a wind energy system, except those required for safety or otherwise permitted by the Township.

The design of wind energy systems shall use materials, colors, textures, screening and landscaping that will blend components of the system into the natural setting and existing environment.

A Site Plan shall be prepared and certified by a registered Professional Engineer and submitted as part of the Conditional Use application. In addition to the other requirements of this Section, the Site Plan shall contain the following:

Property boundaries and identification of neighboring property owners.

The location of all man-made structures on the property, as well as all man-made structures within 100 feet of any proposed wind turbine.

All wires and overhead structures, both natural and man-made.

Soil types where any tower foundation will be constructed.

Complete structural and engineering details, including narrative descriptions, demonstrating how the foundation, support and other parts of the wind energy system will be constructed, installed, and maintained.

Information regarding the speed of operation and braking mechanism. No wind turbine shall be permitted that lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and/or excessive pressure on the turbine or any of its parts.

The Township may require the submission of additional information during the Conditional Use hearing(s).

Removal of Wind Turbines.

Any components of a wind energy system that have not been in active and continuous service for a period of one year shall be removed from the property to a place of safe and legal disposal.