[Ord. No. 477, 5/11/2021]
Agricultural uses shall comply with the following requirements:
1.
Agricultural practices shall be permitted to operate in accordance
with the provisions of the Commonwealth of Pennsylvania's Act 133
of 1982, as amended, "An Act Protecting Agricultural Operations from
Nuisance Suits and Ordinances Under Certain Circumstances" statute,
3 P.S. § 951 et seq.
2.
Farm buildings, other than a dwelling, shall not be erected within
75 feet of an adjoining lot line.
3.
Feed lots, runs, pens, and similar intensively used facilities for
animal raising and care, excluding pasture and grazing areas, shall
not be located within 300 feet of an adjoining lot line.
4.
Animal holding areas for poultry and swine shall not be located within
500 feet of any lot line.
5.
Roadside stands for sale of agricultural products shall be permitted
provided all of the following requirements are met:
[Ord. No. 477, 5/11/2021]
In the R-1 and R-2 Zoning Districts, a private stable or hobby
farm for personal use and enjoyment shall be permitted on a lot which
does not meet the acreage requirements for a farm, as defined by this
chapter, provided the lot contains at least five acres and all of
the following requirements are met:
1.
The owner of a private stable or hobby farm shall reside on the lot.
2.
Hobby farms may include any of the activities encompassed by agriculture, as defined by this chapter. The hobby farm shall be restricted to personal use and enjoyment and any sale of animals or produce shall not constitute the principal economic activity of the residents of the hobby farm. The sale of agricultural products raised on the hobby farm shall be permitted. Roadside stands, authorized by § 27-699.06 of this chapter, shall not be permitted on hobby farms.
3.
The number of animals maintained on a hobby farm, if any, shall be
reasonably related to the size of the lot, the area available for
grazing, and the capacity of the land to sustain the animals without
creating a nuisance.
4.
On a lot utilized for a private stable, one horse or pony shall be
permitted on the first three acres of land. One additional horse or
pony shall be permitted for each additional acre over three acres.
However, no private stable or hobby farm within an R-1 or R-2 Zoning
District shall have more than a total of eight horses or ponies at
any one time.
5.
No stables or other buildings in which animals are kept or manure
is stored shall be located within 75 feet of any lot line or within
100 feet of any occupied dwelling, other than the stable owner's dwelling.
6.
No grazing of any animals shall be permitted closer than 100 feet
from any occupied dwellings within the parcel or located on an adjacent
parcel, excluding the private stable or hobby farm owner's dwelling.
7.
A private stable or hobby farm owner shall not permit litter and
droppings from the horses or other animals to collect so as to result
in the presence of fly larvae or objectionable odors.
8.
The area of the lot used for grazing shall be adequately fenced to
properly enclose the animals and to protect adjacent lots.
[Ord. No. 477, 5/11/2021]
1.
The keeping of chickens shall be allowed by right as an accessory
use by permit, in all residential districts, subject to the standards
in this section. Chickens on existing farms or hobby farms are exempt,
regardless of the zoning district in which the subject property is
located.
2.
Any person wishing to engage in his accessory use by permit shall
submit an application for zoning/accessory use permit to the Zoning
Officer for review and approval, with the fee for same to be established
by resolution of the Board of Supervisors. Approval shall be subject
to the following standards:
A.
For the first 4,000 square feet of any property, up to three chickens
are allowed. An additional chicken is permitted for every additional
2,000 square feet. A maximum number of 10 chickens may be kept at
once on a parcel.
B.
No person shall keep or maintain a rooster.
C.
The chicken coop shall be located in a backyard only, a minimum of
10 feet from any lot line, and shall sufficiently contain the chickens.
Any chicken not contained shall be considered "running at large."
D.
An outside run shall be attached to the coop 10 feet from any lot
line, and sufficiently contain the chicken; and any chicken not contained
shall be considered "running at large."
E.
All feed, water, and other items for keeping chickens shall be secured
to prevent rats, mice, and other vermin from infesting.
F.
Chicken feces must be properly collected, stored, and disposed of
in a manner that prevents malodorous smells, nuisances, or other hazards.
(Chicken manure may be composted and added to gardens or yards if
done within out creating no malodorous smells, nuisances, or other
hazards.) The minimum setback for chicken waste collection and storage
shall be 10 feet from the property line.
G.
The selling of chickens or chicken products for commercial purposes
is prohibited.
H.
Slaughtering and butchering is prohibited.
I.
No chickens shall be kept in townhouse communities, apartment communities,
or mobile home parks.
[Ord. No. 477, 5/11/2021]
1.
Subject to the standards in this section, it shall be a lawful to
maintain ducks as an accessory use by permit in any residential zoning
district. Ducks in agricultural zones and on any existing farms or
hobby farms are exempt, regardless of the zoning district in which
it is located.
2.
Any person wishing to engage in this accessory use by permit shall
submit an application for zoning/accessory use permit to the Zoning
Officer for review and approval, with the fee for the same to be established
by resolution for the Board of Supervisors. Approval shall be subject
to the following standards:
A.
Ducks shall only be kept on properties that are one acre or larger.
B.
No person shall house more than five ducks on a single residential
parcel.
C.
Ducks shall be kept in the backyard only. All enclosed shelter with
adequate protection from weather and predators is required. The shelter
shall provide at least three square feet per duck. All duck keeping
facilities shall be setback at least 50 feet from lot lines.
D.
Any duck contained on an owner's property considered "running at
large."
E.
All feed, water, and other items for keeping shall be secured to
prevent rats, mice, and other vermin from infesting.
F.
Duck feces must properly collected, stored and disposed of in a manner
that prevents malodorous smells, nuisances, or other hazards. (Duck
manure may be composted and added to gardens or yards if done within
out creating no malodorous smells, nuisances, or other hazards.) The
minimum setback for duck waste collection and storage shall be 10
feet from the property line.
G.
Ducks shall be kept for personal reasons only. The selling of ducks
or duck products for commercial purposes is prohibited.
H.
Slaughtering and butchering is prohibited.
I.
No ducks shall be kept in townhouse communities, apartment communities,
or mobile home parks.
[Ord. No. 477, 5/11/2021]
1.
Subject to the standards in this section, it shall be a lawful to
maintain an apiary as an accessory use by permit in any residential
zoning district. Bees agricultural zones and on any existing farms
or hobby farms are exempt, regardless of zoning district in which
it is located.
2.
Any person wishing to engage in this accessory use by permit shall
submit an application for zoning/accessory use permit to the Zoning
Officer for review and approval, with the fee for the same to be established
by resolution for the Board of Supervisors. Approval shall be subject
to the following standards:
A.
For 4,000 square feet of any parcel, up to two hives are allowed;
Each additional 2,000 square feet of any parcel is permitted two additional
hives. A maximum number of six hives may kept per property.
B.
Apiaries shall be maintained in the backyard of the property and
prohibited from being located in the front or side yard of any property.
Any hives shall be set back a minimum of 15 feet from any lot line.
Beekeeping facilities shall not be within 50 feet of a swimming pool
of permanently kenneled animal.
C.
Flyway barriers shall be required if a beekeeper is unable to direct
bee flight pathways above six feet across the beekeeper's property.
Flyway barriers shall be six feet in height and within five feet distance
from the hive. No flyway barriers are required for hives on porches
or balconies at least 10 feet above grade.
D.
Bees shall be kept for personal use only. The selling of bees or
bee products for commercial purposes is prohibited.
E.
No bees shall be kept in townhouse communities, apartment communities,
or mobile home parks.
[Ord. No. 477, 5/11/2021]
1.
All exterior parking lots, driveways, vehicular access aisles, pedestrian
access areas, sidewalks, pathways, and loading spaces shall be sufficiently
illuminated so as to provide for safe movements on site.
2.
Illumination shall be by sharp cutoff fixtures with flush-mounted
lens cap, with the following exceptions.
A.
Decorative streetlighting along streets (not including parking lot
areas) are exempt from this requirement. However, streetlight poles
for decorative streetlighting shall not exceed 24 feet in height,
measured from finished grade to the top of the fixture.
B.
Decorative lighting along pedestrian walkways in front of buildings
and in pedestrian plazas is exempt from this requirement. However,
light poles for the decorative lighting shall not exceed 15 feet in
height, measured from finished grade to the top of the fixture.
3.
Fixtures (including those mounted on a building or other structure)
shall be mounted parallel to the ground surface, with the following
exceptions.
A.
Decorative streetlighting along streets, decorative lighting along
pedestrian walkways in front of buildings, and decorative lighting
in pedestrian plazas are exempt from this requirement.
B.
Lighting for the purpose of highlighting a structure or landscape
feature shall be exempt from this requirement.
4.
Pole height shall be a maximum of 24 feet.
5.
Illumination shall not exceed two footcandles at all property boundaries.
The two footcandles illumination shall be measured horizontally on
the ground surface and vertically at a five-foot height at the property
lines.
6.
All site lighting, including architectural, landscape, and canopy
lighting, shall be from a concealed source that is not visible from
the property boundaries or public street ROW. Lighting associated
with a freestanding or building canopy shall be recessed into the
canopy.
[Ord. No. 477, 5/11/2021]
1.
For all residential uses that require parking lots that contain more
than 10 parking spaces, the proposed use shall comply with the requirements
of the nonresidential use lighting standards above.
2.
All other proposed lighting in residential zoning district shall
be oriented so as not to interfere with adjacent properties. Decorative
streetlights constructed in conjunction with a proposed residential
development shall be designed to minimize impact to existing developments
or properties.
[Ord. No. 477, 5/11/2021]
The exterior finish of the building, whether finished face brick,
wood veneer, siding, or any other finished facing materials approved
by the Zoning Officer, shall come down the building to within six
inches of finished grade. Plain masonry block or poured concrete shall
not be considered a finished product; nor shall either of these construction
surfaces be considered as a finished product if painted, unless specified
as a specific architectural exterior treatment by a design professional.
[Ord. No. 477, 5/11/2021]
Mechanical equipment designed to be located on the roof of a
structure/building must be screened with typical building materials.
The screen must be designed to complement building designed and conceal
this equipment from neighboring property owners and the public on
adjacent roadways.
[Ord. No. 477, 5/11/2021]
1.
Fire prevention and firefighting equipment acceptable to the Board
of Fire Underwriters shall be readily available when any activity
involving the handling or storage of flammable or explosive materials
is carried on.
2.
Fire Hydrants. For any land development projects that include the
placement of a fire hydrant, a three-foot clear zone shall be established
around the fire hydrant which shall be paved with a concrete or asphalt
base.
3.
A twenty-foot fire/emergency access route shall be provided around
the perimeter of all commercial buildings.
4.
A twenty-four-foot wide fire/emergency access route shall be provided
around the perimeter of all residential apartment buildings, group
care facilities, senior housing facilities, and any other building
where a twenty-four-foot wide access road is deemed required by the
Township Fire Official or the local Fire Chief.
[Ord. No. 477, 5/11/2021]
No activity shall cause electrical disturbance adversely affecting
radio or other equipment in the vicinity.
[Ord. No. 477, 5/11/2021]
1.
The ambient noise level of any operation, other than those exempted
below, shall not exceed the dBa levels prescribed herein. The sound
pressure level or ambient level is the all-encompassing noise associated
with a given environment, being a composite of sounds from any source,
near and far. For the purpose of this chapter, ambient noise level
is the average dBa level recorded during observations taken in accordance
with industry standards for measurement and taken at any time when
the alleged offensive noise is audible, including intermittent, but
recurring, noise.
2.
No operation or activity shall cause or create noise in excess of
the sound levels prescribed below:
A.
Residential Districts. At no point beyond the boundary of any lot
within these districts shall the exterior noise level resulting from
any use or activity located on such lot exceed a maximum of 60 dBA
for more than four hours during a twenty-four-hour equivalent period.
B.
Commercial Districts. At no point on or beyond the boundary of any
lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 65
dBA for more than eight hours during a twenty-four-hour equivalent
period.
C.
Industrial Districts. At no point on or beyond the boundary of any
lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 75
dBA for more than eight hours during a twenty-four-hour equivalent
period.
D.
Where two or more zoning districts in which different noise levels
are prescribed share a common boundary, the most restrictive noise
level standards shall govern.
E.
The following uses or activities shall be exempted from the noise
regulations:
(1)
Noises emanating from construction or maintenance activities
between 7:00 a.m. and 9:00 p.m.
(2)
Noises caused by safety signals, warning devices, and other
emergency-related activities or uses.
(3)
Noises emanating from public or private recreational use between
7:00 a.m. and 12:00 midnight.
(4)
Normal utility and public works activities between the hours
of 7:00 a.m. and 9:00 p.m., and emergency operations at any time.
(5)
Customary and usual farming activities in all zoning districts.
F.
In addition to the above regulations, all uses and activities within
the Township shall conform to all applicable county, state, and federal
regulations. Whenever the regulations contained herein are at variance
with any other lawfully adopted rules or requirements, the more restrictive
shall govern.
[Ord. No. 477, 5/11/2021]
Vibrations detectable without instruments on neighboring property
in any district shall be prohibited, except for vibrations emanating
from construction or maintenance activities between the hours of 7:00
a.m. and 9:00 p.m.
[Ord. No. 477, 5/11/2021]
No malodorous gas or matter shall be permitted which is discernible
on any adjoining lot or property.
[Ord. No. 477, 5/11/2021]
There shall be no emission of smoke, ash, dust, fumes, vapors,
or gases which violates applicable federal, state, or county laws
and regulations.
[Ord. No. 477, 5/11/2021]
Lighting devices which produce objectionable direct or reflected
glare on adjoining properties or thoroughfares shall not be permitted.
[Ord. No. 477, 5/11/2021]
No erosion by wind or water shall be permitted which will carry
objectionable substances onto neighboring properties.
[Ord. No. 477, 5/11/2021]
Water pollution shall be subject to the standards established
by the PA DEP.
[Ord. No. 477, 5/11/2021]
No activity shall emit dangerous radioactivity or electrical
disturbance adversely affecting the operation of any equipment other
than that of the creator of such disturbance.
[Ord. No. 477, 5/11/2021]
No pollution by air by fly ash, dust, vapors, or other substance
shall be permitted which is harmful to health, animals, vegetation,
or other property, or which can cause excessive soiling. Ultimately,
air pollution may be acceptable provided that the use complies with
all regulations or requirements of the DEP, EPA, and all other regulatory
agencies.
[Ord. No. 477, 5/11/2021]
During the review of an application for zoning approval, the
applicant may be required to submit and date any evidence documenting
that the proposed activity, facility or use will comply with the provisions
of this Part 8. In reviewing such documentation, the Township may
seek the assistance of any public agency having jurisdiction or interest
in the particular issues, and the Township may seek advice from a
qualified technical expert. All costs of the expert's review and report
shall be paid by the applicant. A negative report by the technical
expert and the applicant's refusal or inability to make alterations
to ensure compliance with this Part 8 shall be a basis for denying
approval of the application.
[Ord. No. 477, 5/11/2021]
1.
The Zoning Officer shall investigate any purported violation of the
performance standards and, subject to the approval of the Board of
Supervisors, may employ qualified technical experts to assist in the
determination of a violation. Costs of the services of such experts
shall be paid by the owner or operator of the facility or use accused
of the violation if the facility or use is found to be in violation.
If the facility or use is found to be in compliance with the performance
standards, said costs shall be borne by the Township.
2.
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with Part 15 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
[Ord. No. 482, 7/13/2021]
1.
Homeowners' Association (HOA) Establishment.
A.
An HOA organization shall be established by the developer for the
ownership, operation, and maintenance of common open space, recreational
facilities, stormwater management facilities, utilities, and other
such amenities of common interest and ownership in all residential
developments, mixed-use developments that feature a residential component,
and planned residential developments (PRDs).
(1)
Except for planned residential developments, if no common open
space, utilities, and other such amenities of common interest and
ownership are to be provided, an HOA is not required.
B.
The developer shall provide a description of the HOA, including its
bylaws and methods for maintaining the common open space. HOAs shall
exist in perpetuity, or for however long is required to operate and
maintain common open space, recreational facilities, stormwater management
facilities, utilities, and other such amenities of common interest
and ownership.
(1)
The members of the HOA shall share equitably the costs of maintaining
all property and/or amenities maintained by the HOA. If a member fails
to pay his pro rata share, then a lien against an individual property
may be made in accordance with the provisions for same in the bylaws
of the organization.
(2)
The HOA shall be responsible for maintenance of insurance and
taxes on all common open space, recreational facilities, stormwater
management facilities, utilities, and other such amenities of common
interest and ownership.
(3)
The HOA shall have or hire adequate staff to administer common
facilities and maintain the open space to the satisfaction of the
Township.
(4)
The HOA shall have the authority and ability to promptly correct
hazardous conditions in the open space.
(5)
The HOA shall provide annual updates to the Township on changes
in the composition or membership of its Board and changes to any of
its maintenance agreements, contracts, or ability to maintain said
development, its grounds, and any open space.
C.
The HOA shall be organized by the developer and operate with financial
subsidization by the developer, before the sale of any lots within
the development.
D.
Membership in the HOA shall be mandatory for all purchasers of dwelling
units therein and their successors. The conditions and timing of transferring
control of the HOA from the developer to the homeowners shall be identified.
2.
Operation and Maintenance of Amenities.
A.
All amenities in a development or PRD shall be owned, managed, operated,
and maintained by a private entity, such as an individual, corporation,
or HOA, including walkways, sidewalks, parks, open spaces, parking
lots, gutters, curbs, waterlines, stormwater management facilities,
landscaping, lighting, traffic control devices, and other facilities
for which plans and specifications must comply with the minimum requirements
of this chapter, the SALDO,[1] and/or conditions attached to the granting of approval
or conditional use approval, unless dedicated to the Township or otherwise
outlined in the developer's agreements.
B.
Maintenance of all sidewalks and streetlights installed as part of
the development, whether located on common open space or individual
lots, shall be the responsibility of the HOA.
