A.
Adaptive reuse of single-family structure or existing lot. A single-family
detached dwelling may be converted for nonresidential use and an existing
lot may be improved to include a nonresidential principal use in accordance
with the following standards:
(1)
Maximum gross floor area of any one building and/or principal
use shall be no more than 20% greater than the gross floor area of
an existing building proposed to house the adaptive reuse as existing
as of the date of adoption of this chapter or 3,500 square feet, whichever
is greater. For purposes of this section, an establishment may utilize
an unfinished basement as existing as of the date of adoption of this
chapter, even if the expansion is greater than 20% of the existing
gross floor area, provided that the expansion and use of the area
meets all applicable codes and ordinances.
(2)
Maximum height of the building housing the adaptive reuse shall
not exceed two stories.
(3)
Access drives and parking shall be set back a minimum of eight
feet from adjoining lots bearing single-family detached dwellings.
(5)
Where all lot lines adjoining the street(s) on which the lot
bearing the adaptive reuse or site fronts are extended to the center
line of the adjoining street right-of-way, and a portion or all of
the front lot line of the site adjoins a lot line of a lot bearing
a single-family detached dwelling, a continuous screening of evergreen
low-level plantings maintained at a minimum height of three feet at
maturity shall be installed and maintained along the entire front
lot line of the site.
(6)
No more than one ingress and one egress point adjoining streets
shall be installed to the site.
(7)
Only one principal use shall be permitted on the lot.
(8)
Maximum lot coverage: 70%.
A.
All repair work, vehicle washing, waxing, detailing, lubrication
and installation of parts and accessories shall be performed within
an enclosed building.
B.
All vehicle parts, dismantled vehicles and similar materials shall
be stored within an enclosed building or totally screened from view
by a solid or privacy fence.
C.
All vehicles awaiting repair shall be stored on the lot in an approved
storage area and in no case shall said vehicles be stored on or obstruct
access to a public or private right-of-way.
D.
Where supplemental retail service is proposed, off-street parking
shall be provided as required for retail in addition to service station
standards.
E.
Supplemental retail service space shall not exceed 2,000 square feet.
F.
Gasoline pump islands shall be set back in accordance with the dimensional
standards of the C District.
G.
All fuel, oil and similar substances shall be stored at least 25
feet from any property line.
H.
The handling, storage and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the DEP permits shall be a violation of this Part 16 and shall be subject to the enforcement provisions of this chapter.
J.
Commercial car wash facilities, whether as a supplement to other
automobile service facilities or as stand-alone business facilities,
shall be subject to the following requirements in addition to the
above requirements:
(1)
Stacking lanes with a minimum capacity for up to five vehicles
shall be provided for vehicles waiting to use automatic car wash facilities
and two vehicles per bay for self-service car washes. For the purpose
of this requirement, the size of a vehicle shall be equal to the size
of the parking stall required by this chapter. The Township may require
the submittal of a traffic analysis to determine the minimum required
stacking lane length.
(2)
Parked or waiting vehicles may not block sidewalks, internal
access drives, ingress or egress points, or extend to adjoining streets.
(3)
No storage or repair of vehicles shall be allowed within the
car washing facility.
(4)
A concrete straight curb of at least eight inches in height
shall be installed around the entire perimeter of the paved area to
prevent vehicles from being driven onto, or parked with any part of,
the abutting grass, landscaped areas, sidewalks, streets, buildings,
or adjoining property.
(5)
Buildings shall be oriented so that open bays, particularly
for self-service car washes, do not face onto adjacent streets unless
screened from view or sufficient landscaping is provided to prevent
overspray from blowing onto the street right-of-way.
(6)
All washing activities shall be carried on within the building.
(7)
Self-service vacuuming facilities (if provided) shall be provided
at the entrances to each bay for use by the stacked vehicles. If additional
self-service vacuum, shampoo, fragrance, or other such facilities
are provided, they shall be located in areas outside stacking lanes
and areas needed for access to other facilities within the site. An
area the size of the parking stall required by this chapter shall
be reserved adjacent to each station. All vacuuming stations shall
include an integrated or adjacent trash receptacle and shall be located
at least 50 feet from adjacent residentially zoned or used property.
(8)
Sufficient space shall be provided on the subject lot so that
vehicles do not enter or exit the car wash building directly from
an adjacent street. All maneuvering areas, stacking lanes, and exit
aprons shall be located on the same parcel as the car wash building
or facility. A sufficient distance shall be maintained between the
exit door of the car wash building to the nearest exit driveway to
permit adequate time for excess water to drip off the vehicle prior
to exiting to street rights-of-way. Additional devices, such as rumble
strips, mechanical dryers, etc., may be proposed to lessen the required
distance, upon approval by the Township. Under no circumstances shall
the use be permitted to cause or contribute to icing problems on adjoining
or adjacent streets.
(9)
One parking stall for each employee on the largest shift, plus
one additional stall, or a minimum of two stalls shall be provided.
The required parking stalls shall not be part of, or interfere with,
access to the car wash building or other related facilities. The parking
stalls shall be designed to permit access to and from the stalls assuming
all required stacking lanes and other areas reserved for vacuuming
or other activities are occupied.
Supplemental regulations governing communications antennas and
communications equipment buildings:
A.
A building-mounted communications antenna shall not be located on
any single-family dwelling or two-family dwelling.
B.
A building-mounted communications antenna shall be permitted to exceed
the height limitations of the applicable zoning district by no more
than 20 feet.
C.
An omnidirectional or whip communications antenna shall not exceed
20 feet in height and seven inches in diameter.
D.
A directional or panel communications antenna shall not exceed five
feet in height and three feet in width.
E.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit evidence from a Pennsylvania
registered professional engineer certifying that the proposed installation
will not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the antenna location.
F.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit detailed construction and
elevation drawings indicating how the antenna will be mounted on the
building or structure for review by the Township Engineer for compliance
with applicable Jackson Township ordinances and other applicable law.
G.
Any applicant proposing a communications antenna 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 antenna is to be mounted so that installation and maintenance
of the antenna and any communications equipment building can be accomplished.
H.
A communications antenna shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
I.
A communications antenna shall not cause radio frequency interference
with other communications facilities located in the Township in contravention
of any regulations promulgated by the Federal Communications Commission
or any other applicable federal, state or local regulations.
J.
All communications equipment buildings shall comply with the yard,
height and other requirements and restrictions applicable to principal
structures located in the same zoning district.
K.
The owner or operator of any communications antenna shall be licensed
by the Federal Communications Commission to operate such antenna.
A.
The facility shall be licensed by the Department of Human Services,
or other appropriate state agency. Proof of this valid license shall
be provided to the Township prior to the Township's issuance of a
zoning occupancy permit for the use. Copies of this valid license
shall also accompany the annual operating report to be filed with
the responsible Police Department and Township Fire Departments.
B.
A facility which provides child care shall provide a minimum area
for indoor play at a ratio of 40 square feet per child. Outdoor play
areas shall be provided which shall have a minimum area of 65 square
feet per child and which shall be secured by a fence with a self-latching
gate.
C.
A facility which provides child care shall provide a minimum area
for outdoor play at a ratio to assure the functionality of the space
as an outdoor play area. The outdoor play area shall also:
(1)
Not be less than 20 feet in width at any point.
(2)
Adjoin the building where the facility is located.
(3)
Not be located less than 30 feet from any street right-of-way.
(4)
Not be located less than 10 feet from any property line.
(5)
Be completely enclosed by a safe, secure and adequate fence
or wall a minimum of four feet in height, unless a greater height
is required by the Board of Supervisors. Any outdoor play area potentially
susceptible to encountering vehicles leaving a street, travel lanes
or accessways shall be protected by a barrier capable of preventing
the vehicle from entering the outdoor play area.
(6)
Contain appropriate yielding surfaces underneath any permanent
play equipment.
D.
Outdoor play areas shall be set back a minimum of 40 feet from adjoining
lot lines bearing a single-family detached dwelling.
A.
A permit, issued by the Zoning Officer, shall be required for all
logging or forestry activities.
B.
Contents of the forest management or forest harvesting plan. At a
minimum, the forestry plan shall include the following, to be submitted
to the Zoning Officer:
(1)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails and log landings.
(2)
Design, construction, and maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bags.
(3)
Design, construction, and maintenance of stream and wetland
crossings.
(4)
A stand prescription for each stand located in the proposed
harvest area.
(5)
The general location of the proposed operation in relation to
municipal and state highways, including any accesses to those highways.
C.
Compliance with state law. The forestry plan shall address and comply
with the requirements of all applicable state laws and regulations,
including but not limited to the following:
(1)
Erosion and sedimentation control regulations contained in 25
Pa. Code Chapter 102, promulgated pursuant to the Clean Streams Law
(35 P.S. § 691.1 et seq.).
(2)
Stream crossing and wetlands protection regulations contained
in 25 Pa. Code Chapter 105, promulgated pursuant to the Dam Safety
and Encroachments Act (32 P.S. § 693.1 et seq.).
(3)
Stormwater management plans and regulations issued pursuant
to the Storm Water Management Act (32 P.S. § 680.1 et seq.).
D.
Relationship of state laws, regulations, and permits to the forestry
plan. Any permits required by state laws and regulations shall be
attached to and become part of the forestry plan. An erosion and sedimentation
pollution control plan that satisfies the requirements of 25 Pa. Code
Chapter 102 shall also satisfy the minimum requirements for the forestry
plan and associated map specified in this section, provided that all
information required by said section is contained therein.
A.
All activities and livestock shall be constrained by a fence which
otherwise meets the requirements of this chapter within an area a
minimum of 20 feet from adjoining property lines.
B.
No structure housing operations of the hobby farm shall be placed
within the required front yard.
C.
Storage of manure, odor or dust-producing substances shall be located
at least 200 feet from any property line.
D.
Adequate provisions shall be made to contain all poisonous or obnoxious
odors or fumes.
A.
Unless otherwise set forth below, the structure shall adhere to the
dimensional standards of the underlying zoning district.
B.
Minimum side and rear yard: 60 feet, plus 25 feet per story above
three.
C.
Minimum distance between principal buildings: 50 feet.
D.
The dwellings and establishments shall be served by public water
and public sewer.
E.
Any building containing more than 20 dwelling units shall provide for at least 50% of the parking required for the dwelling units within a parking garage or within the basement of the building. The parking garage shall be located no closing to a front lot line than the principal structure closest to the front lot line. The parking garage shall be limited to two stories in height, but may be increased to four stories upon meeting the standards of § 27-507A and B. Parking garages obscured from view by a surrounding multifamily or mixed use building shall not be subject to the preceding height limitations.
F.
Maximum Height: Four and one half stories, including parking within
a basement or ground level as one story.
No-impact home-based businesses, which comply with the definition
and standards of this chapter, shall be permitted as an accessory
use to any principal dwelling unit in all residential zoning districts
as long as the business or commercial activity satisfies the following
requirements, except that such permission shall not supersede any
deed restriction, covenant or agreement restricting the use of the
land, nor any master deed, bylaw or other document applicable to a
common interest ownership community:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business activity shall be conducted within the dwelling or within
the confines of a garage attached to the dwelling.
C.
The business shall employ no more than one nonresident employee in
addition to family members residing in the dwelling.
D.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
E.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
F.
There shall be no more than two off-street parking spaces located
on the subject property behind the front yard setback area in addition
to those off-street parking spaces required for the principal use.
G.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
H.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
I.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
J.
The business may not involve any illegal activity.
A medical marijuana grower/processor shall be a permitted use
in the zoning district(s) specifically identified in Table 27-1 (Permitted
Uses, Conditional Uses and Uses by Special Exception by Zoning District)
of this Chapter subject to the following express standards and criteria:
A.
The facility shall hold a valid permit from the Department of Health
to grow and process medical marijuana. A copy of such valid permit
and all appropriate documentation shall be submitted to the Township.
B.
The facility shall comply with the requirements for a grower/processor
under the Medical Marijuana Act and any applicable State regulations
promulgated thereunder. Proof of such compliance shall be provided
to the Township.
A.
A company, entity or person desiring to engage in Oil and Gas Well
Site Development shall obtain a Zoning Certificate from the Township.
B.
Application Requirements. The Application must include the following
information:
(1)
A written narrative signed and dated by the applicant, describing
the proposed use outlining an approximate time line for the proposed
development.
(2)
Written authorization from the property owner(s) who has legal
or equitable title in and to the surface of the proposed Development.
A copy of the oil and gas, mineral or other subsurface lease agreement
or similar document vesting legal or equitable title to the surface
will constitute written authorization.
(3)
The name and address of each property owner for each property
within 1,000 feet of the proposed well, as well as all abutting property
owners.
(4)
A copy of the Applicant's Erosion and Sediment Control Plan
(ESCGP-2) and Post-Construction Stormwater Management Plan if said
plans have been prepared by a licensed professional (e.g. engineer,
surveyor, geologist or landscape architect) who is registered in Pennsylvania
and who has attended up-to-date training provided by Pennsylvania
Department of Environmental Protection, Office of Oil and Gas Management
on erosion and sediment control and post construction stormwater management
for oil and gas activities.
(5)
A road access plan showing both temporary and permanent access
routes and identifying all ingress and egress points.
(6)
If any weight-restricted Township roads will be used by Applicant
for any oil and gas development or operations, Applicant shall comply
with any applicable Township ordinances, PennDOT regulations, Township
road bonding requirements and provide proof of bonding of said roads
and enter into a road maintenance agreement with the Township. In
lieu of road bonding, the Township and Applicant may mutually agree
to other terms to provide for restoration of the affected road(s).
(7)
A copy of Highway Occupancy Permits and other permits already
obtained at the time of the application submission. If no such permit
has been obtained, the Applicant shall provide a copy of its application
for the HOP and with an approved permit when obtained. A driveway
permit shall be required if the entrance to the site is on a Township
road.
(8)
A copy of the Applicant's Preparedness, Prevention and Contingency
Plan.
(9)
The name of an individual or individuals and their emergency
contact information for the Township or residents to report emergencies
24 hours a day for each day of the week.
(10)
Fee reimbursement. The applicant agrees to reimburse the Township
for all fees permitted under Section 617.3(e) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10617.3(e).
C.
Minimum Lot Requirement. Oil and gas well site development shall
only be permitted to be located on property that is a minimum of ten
(10) acres or larger. Multiple properties may be combined to meet
the ten (10) acre minimum.
D.
State and Federal Compliance. The Applicant shall comply with all
applicable state and federal regulations and shall show evidence of
obtaining the required state and/or federal permits, including proof
of insurability, before initiating any work and maintaining the required
permits throughout the duration of all operations. The Applicant shall
notify the Township immediately of any suspension or revocation of
the required state and/or federal permits. Upon notification of said
suspension or revocation, the Township-issued permits will herby be
deemed suspended or revoked until state and/or federal compliance
is reached.
E.
Access roads. Access to any well site shall be arranged to minimize
danger to traffic and nuisance to surrounding properties and to maintain
the integrity of Township roads. The following shall apply:
(1)
The access road to the well site, beginning with its intersection
with a Township road, shall be paved for the first 50 feet and shall
be improved with gravel or limestone for the remaining length in a
manner that would reasonably minimize water, sediment, or debris carried
onto any public road. This shall be in place prior to the commencement
of drilling operations.
(2)
All roads and accessways shall be constructed and maintained
to prevent dust and mud from the surrounding area. A method of dust
abatement shall be utilized during dry weather and under no circumstances
shall brine water, Sulphur water, or water in mixture with any type
of hydrocarbon be used for dust abatement.
F.
Traffic. The Applicant shall take necessary precautions to ensure
the safety of persons in areas established for road crossing and/or
adjacent to roadways (for example, persons waiting for public or school
transportation). Where necessary and permitted, during periods of
anticipated heavy or frequent truck traffic associate with development,
Applicant will provide flag persons or other alternative and approved
safety mechanisms to ensure the safety of children at or near schools
or school bus stops and include adequate sign and/or warning measure
for truck traffic and vehicular traffic. Applicant will coordinate
its efforts with affected school districts to as to minimize heavy
truck traffic during the hours school busses are pick up or dropping
off children.
G.
Site Orientation. Before drilling, First Responders shall have on-site
orientation and be provided with adequate awareness information. Upon
request from the Township, Applicant will, prior to drilling of an
oil or gas well, make available at its sole cost and expense, an approximate
site orientation for First Responders. Such site orientation shall
be made available at least annually during the period when the Applicant
anticipates drilling activities in the Township.
H.
Noise standards for Oil and Gas Well Site Development shall comply
with the standards set forth in Performance Standards in § 27-1513.J.
In the event that an Applicant is unable to meet the aforementioned
requirements the Applicant may either:
(1)
Utilize appropriate noise mitigation measures that may include
sound barriers or such technology or devices that will allow the Applicant
to meet said noise requirements; or
(2)
Obtain a release waiver of said noise requirements from the
owners/renters of those properties which would be affected by noise
conditions in excess of that allowed.
I.
Lights. No Applicant shall permit any lights located on any operation
site to be directed in such a manner so that they shine directly on
public road, protected use, adjacent property, or property in the
general vicinity of the operation site. To the extent practicable,
and taking into account safety considerations, site lighting shall
be directed downward and internally so as to avoid glare on public
roads, protected uses, and adjacent dwellings and buildings. Exterior
lights shall be turned off except when personnel are working on site
or motion sensors are activated.
J.
Water Storage. Temporary water storage tanks or impoundments are
permitted on the same lot provided the applicant shall adhere to the
following:
(1)
Impoundment must be 200 feet from property lines;
(2)
A copy of the Pennsylvania Department of Environmental Protection
permit(s), if applicable, must be provided at the time of application
or when available;
(3)
Chain-link fencing must be installed around any impoundment
and shall be at least eight feet in heights; and
(4)
The impoundment must be reclaimed in accordance with Department
of Environmental Protection's rules and regulations after all of the
proposed wells have been completed, or after each well is completed
in the event that no additional wells are to be drilled within three
months.
K.
Operating times. All site preparation and pre-production activities
on the site, as well as access road maintenance, site reclamation
activity and other ongoing ancillary activities shall be permitted
only on Mondays through Saturdays (with the exception of federal and/or
state holidays) between the hours of 7:00 am and 5:00 pm, prevailing
time, or as otherwise authorized by the Board of Supervisors. The
active drilling and completion phases are exempt from the limitations
of this paragraph.
L.
Signage, site identification. All signage must comply with Pennsylvania
Department of Environmental Protection's "Unconventional Well 911
Emergency Response Information" Regulations, 35 Pa. C.S. § 7321(a)(4)
and Pa. Code § 78.55(e), as may be amended.
A windmill, which complies with the following requirements,
shall be permitted as an accessory use to a single-family dwelling
or an agricultural operation:
A.
The minimum lot size for a windmill shall be one acre.
B.
Only one windmill shall be permitted per lot.
C.
A windmill shall only be permitted as an accessory use to a single-family
detached dwelling or an agricultural operation.
D.
The applicant shall demonstrate that it has received all necessary
federal, state and county licenses, permits and approvals to operate
the windmill.
E.
The design of the windmill shall conform to applicable industry standards,
including those of the American National Standards Institute. The
applicant shall submit certificates of design compliance obtained
by the equipment manufacturers from Underwriters Laboratories, Det
Norske Veritas, Germanishcer Lloyd Wind Energies, and/or other similar
certifying organizations.
G.
A windmill shall not be climbable up to 15 feet above ground level.
A windmill shall be fitted with any anti-climbing devices recommended
by the windmill manufacturer for the type of installation proposed.
All access doors to a windmill and electrical equipment shall be locked
or fenced, as appropriate, to prevent entry by nonauthorized persons.
H.
The maximum structure height of a windmill shall be 100 feet; provided,
however, that such height may be increased by an additional 50 feet,
provided that a certified engineer expresses an opinion that the proposed
windmill is designed and constructed in a safe and secure manner and
does not pose a threat to the health, safety or welfare of the residents
of the subject property or adjacent properties or the general public.
I.
The blade of a windmill shall be located at least 30 feet above the
adjacent ground level.
K.
A windmill shall be set back from any property line or street right-of-way
a distance not less than the normal setback requirements for the relevant
zoning district or 1.2 times the windmill structure height, whichever
is greater. The setback distance shall be measured from the center
of the windmill base.
L.
All equipment buildings shall comply with the yard, setback, height
or other requirements and restrictions applicable to a principal structure
located in the same zoning district.
M.
If a windmill remains unused for a period of 12 consecutive months,
then the landowner shall, at its expense, dismantle and remove the
subject windmill within six months of the expiration of such twelve-month
period. The landowner shall also comply with the following requirements:
(1)
The landowner shall remove the windmill(s) and related buildings,
cabling, electrical/mechanical equipment, foundations to a depth of
36 inches and any other associated facilities.
(2)
Disturbed earth shall be graded and reseeded.
(3)
If the landowner of the windmill fails to remove the subject
windmill and reclaim the site as required by this section, then the
Township may remove or cause the removal of the subject windmill and
reclamation of the site. Any removal or reclamation cost incurred
by the Township that is not recovered from the landowner of the windmill
shall become a lien on the property where the removal or reclamation
takes place and may be collected from the owner of the subject property
in the same manner as property taxes.
