Any use not otherwise expressly provided for in any given district,
as set forth in Appendix D,[1] shall be prohibited. If an individual desires to undertake an activity not expressly provided for in the district in which such activity is proposed or conducted, as set forth in Appendix D, he may request the Township Board of Supervisors to consider amending this chapter to permit such a use. (See § 135-84 for amendment process.)
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
All dwelling units, including single-family, two-family and
multifamily units, shall adhere to the following requirements:
A.
Every dwelling unit shall conform to all applicable building, housing,
electrical and plumbing codes in effect in the Township or as may
hereafter be enacted.
B.
Every dwelling unit shall be placed upon and firmly anchored to a
permanent foundation. A permanent foundation shall consist of masonry
construction placed upon footers set below the frost line or other
technique or methodology of demonstrated capability.
D.
Every dwelling unit, including mobile homes, in a Residential Suburban
District must contain a minimum of 1,400 square feet of habitable
floor area. In districts other than the Residential Suburban District,
every single-family detached or attached dwelling unit and every two-family
attached dwelling unit must contain a minimum of 900 square feet of
habitable floor area. In districts other than the Residential Suburban
District, every dwelling unit, including mobile homes, not provided
for above must contain a minimum of 600 square feet of habitable floor
area.
A mobile home may be permitted to be placed on an individual lot as a permanent independent dwelling unit only as outlined in Article IV and Appendix D.[1] (See § 135-47B for mobile homes to be used as temporary quarters.) When reviewing applications for such proposals, the Zoning Officer shall utilize the following criteria and may require additional information to be submitted where it is necessary to adequately protect the health, safety and welfare of the Township residents.
A.
Design and placement standards.
(1)
Every lot to be used for the placement of a permanent mobile home
shall have a gross area at least equal to the minimum lot size for
the district in which it is located. In addition, the unit must be
situated on the lot to meet the applicable minimum setback line requirements.
(2)
All permanent mobile homes shall meet the minimum standards of all
local building, housing, electrical, plumbing and other codes in effect
in the Township or as may hereafter be enacted.
(3)
Each mobile home shall be placed upon a foundation. One of the following types of foundations must be utilized. [See also Subsection A(4) and (5) below.]
(a)
Permanent foundation. A permanent foundation shall consist of
no less than footers or masonry construction set well below the frost
line. Such foundation shall be constructed to leave no unnecessary
open space between the mobile home and the foundation, except for
windows or other openings as might be necessary for purposes such
as floodproofing.
(b)
Pad or stand. A pad or stand, properly graded, placed and compacted
so as to be durable and adequate to support maximum anticipated loads
during all seasons may be utilized, particularly in situations where
a permanent foundation is not practical or a temporary foundation
is desired.
(4)
Each mobile home shall have a continuous wall around the entire perimeter
of the mobile home from its base to the ground. The wall shall be
constructed in accordance with one of the following methods:
(a)
Permanent wall. A permanent wall may be constructed of concrete
or masonry and shall extend from the unit floor system to a concrete
footing set below the subgrade frost line, i.e., an extension of a
permanent foundation.
(b)
Skirting. If a permanent wall is not used, each mobile home
shall be encircled with skirting designed to complement its appearance.
Skirting shall include materials which have been prefabricated for
this purpose or other impervious, moisture-resistant materials and
shall not include bales of hay or straw, interior plywood or like
materials.
(5)
Every mobile home shall be firmly anchored to its foundation prior
to the unit being occupied or used in order to prevent overturning
or uplift. The mobile home foundation shall be provided with anchors
and tie-downs, such as cast-in-place concrete dead-man eyelets embedded
in concrete or runways, screw augers or arrow head anchors. The anchoring
system shall be designed to resist a minimum wind velocity of at least
90 miles per hour. Anchoring shall be completed prior to the issuance
of an occupancy permit by the Township.
(6)
Access to crawl space created by the installation of a wall shall
be provided by means of a removable access panel or door.
(7)
Every mobile home to be used as a dwelling unit must contain a minimum
of 600 square feet of habitable floor area, unless a greater amount
of habitable floor area is required in the district in which the mobile
home is to be located.
B.
Administrative procedures.
(1)
The foundation wall and skirting shall be completed within three
months of the date that the mobile home is placed on the lot, unless
an extension is granted by the Zoning Hearing Board.
(2)
A mobile home shall not be removed from a lot until a permit has
been issued by the Scott Township Tax Collector, and such permit shall
not be issued until factual evidence is available indicating that
all applicable taxes have been paid and the Zoning Officer has been
so informed.
(3)
Within five days after removal of the mobile home, the foundation
shall be removed and the site backfilled by the owner to an approved
grade established by the Zoning Officer. In lieu of this, the owner
may sell or otherwise legally transfer the lot to house another mobile
home on the same foundation, provided that such transaction takes
place before the original mobile home is moved from the site.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Single-family attached dwellings (i.e., townhouses or garden apartments) shall be permitted only where specified in Article IV and Appendix D.[1] Every application for such a use shall meet the requirements outlined below as well as all applicable requirements set forth in Chapter 123, Subdivision and Land Development. (Applications proposing to locate more than one single-family attached dwelling structure on a single tract of land shall meet the requirements of § 135-21, governing multifamily housing developments.)
A.
Minimum area and density requirements.
(1)
Residential-Suburban District.
(a)
The minimum gross lot area required for each single-family attached dwelling structure shall be as specified in the district regulations, Article IV and Appendix D.[2] No single-family attached dwelling structure situated
in this district shall contain more than six dwelling units.
[2]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
(b)
Where individual dwelling units of a single-family attached dwelling structure and portions of land on which the structure is situated are proposed to be subdivided and conveyed as lots, a minimum of 2,400 square feet shall be conveyed with each dwelling unit. In such cases, the applicant shall submit sufficient documentation to the Township, along with his subdivision plans, which demonstrates that satisfactory arrangements have been made regarding the ownership and maintenance of all common ground or open space not proposed for conveyance. (See Subsection I below.) In addition, the applicant shall demonstrate to the satisfaction of the Township that all other requirements of this section will be met.
(c)
Where individual dwelling units of a single-family attached
dwelling structure are to be conveyed independently of any land area,
the applicant shall demonstrate to the Township that all other requirements
of this section and the Pennsylvania Uniform Condominium Act, as amended,[3] will be met.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(2)
Residential-Urban District. The minimum lot area required for each dwelling unit shall be as specified in the district regulations, Article IV and Appendix D.[4] The gross lot area provided for each single-family attached
dwelling structure shall consist of the minimum lot area per dwelling
unit multiplied by the total number of dwelling units proposed. No
single-family attached dwelling structure situated in this district
shall contain more than 10 dwelling units.
[4]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
B.
Minimum lot width. The minimum width for each single-family attached dwelling unit lot shall be as specified in the district regulations, Article IV and Appendix D.[5]
[5]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
D.
Traffic access and parking facilities. Each single-family attached dwelling structure must access onto a public or private street. All new streets or access drives shall be designed and constructed in accordance with the road standards outlined in Chapter 123, Subdivision and Land Development. The number of parking spaces available on the site shall equal no less than two stabilized spaces per dwelling unit.
E.
Sewage and water facilities. Adequate sewage and water facilities
must be provided by the developer in accordance with the standards
of the Pennsylvania Department of Environmental Protection.
(1)
Sewage facilities. The municipal sewer system shall be utilized to
provide sewage disposal facilities for such development.
(2)
Water supply. The preferred method of water supply shall be by public
or community facilities. However, if the developer can produce sufficient
documentation indicating that such service cannot feasibly be provided,
then an on-site well(s) may be considered as an alternate water supply
by the Township.
F.
Solid waste collection and disposal. The developer shall present
information explaining his proposed method of solid waste collection
and disposal. If such method is not deemed sufficient, then an alternate
means must be presented by the applicant.
G.
Drainage-control requirements. All plans for single-family attached dwelling structures shall include information indicating what types of drainage-control facilities will be installed to handle runoff produced by the new structure and the grade of the site. The plans should also indicate where the drainage is to be ultimately channeled. (See also § 135-54E.)
H.
Grading and landscaping (soil erosion and sedimentation control). Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be submitted showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also § 135-54E.) Where adjacent land use dictates, screen plantings or buffer yards of 25 feet may be required. (See also §§ 135-55 and 135-56.)
I.
Common open space ownership and maintenance. Where the conveyance
of title to individual dwelling units of a single-family attached
dwelling structure does not include the conveyance of any land area
or does not include conveyance of the entire site, the developer shall
submit a plan of the arrangements to be made for ultimate ownership
of and maintenance responsibilities for the common open space/land
area associated with the building (including access drives and driveways)
as a part of his application for such a use.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Multifamily dwellings (i.e., apartments or condominiums, but excluding single-family attached dwellings) shall be permitted only as specified in Article IV and Appendix D.[1] Every such application shall meet the requirements outlined below as well as the requirements of Chapter 123, Subdivision and Land Development. (Applications proposing to locate more than one multifamily dwelling structure on a single tract of ground shall meet the requirements of § 135-21, governing multifamily housing developments.)
A.
Minimum area and density requirements. The minimum lot area required for each dwelling unit shall be as specified in the district regulations, Article IV and Appendix D.[2] The gross lot area provided for each multifamily dwelling
structure shall consist of the minimum lot area per dwelling unit
multiplied by the total number of dwelling units proposed. The maximum
allowable density shall be 15 dwelling units per acre.
[2]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
B.
Minimum lot width. No specific minimum lot width is required, but
will be dependent upon each individual proposal. In addition, all
applicable yard requirements will apply.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Multifamily housing developments (the placement of more than one multifamily dwelling structure or more than one single-family attached dwelling structure on a single tract of ground) shall be permitted only as specified in Article IV and Appendix D.[1] Every such application shall meet the requirements outlined below, as well as all applicable requirements of Chapter 123, Subdivision and Land Development.
B.
Minimum lot width. The minimum required lot width shall vary with each individual application and shall be dependent upon the number of units proposed in each structure and the proposed arrangement of buildings in the development. For developments involving single-family attached dwellings, each dwelling unit shall maintain the minimum width required in the district regulations, Article IV and Appendix D.[2]
[2]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
C.
Design standards.
(1)
Traffic access. All proposed site accessways must be adequate, but
not excessive in number, adequate in grade, width, alignment and visibility,
and not located too near street corners, entrances to schools or places
of public assembly and other similar considerations.
(2)
Circulation and parking. The interior traffic circulation system
must be adequate, and all required parking spaces must be provided
and be easily accessible. No less than two stabilized spaces per dwelling
unit shall be available on the site.
(3)
Streets and drainage system requirements. All structures within a multifamily housing development must access directly onto a public street or onto a street in the internal road system of the development. All new streets and drainage-control systems shall be designed and constructed in accordance with the road and drainage-control standards outlined in Chapter 123, Subdivision and Land Development. (See also § 135-54E.)
(4)
Sewage treatment and water supply. Adequate public or community sewer
and water facilities must be available or be provided by the developer.
No on-site, subsurface sewage disposal systems or private wells will
be permitted. Approval from the Pennsylvania Department of Environmental
Protection for the proposed system(s) must be provided by the applicant
prior to approval of the development.
(5)
Solid waste collection and disposal. The developer shall present
information explaining his proposed method of solid waste collection
and disposal. If such method is not deemed sufficient, an alternate
method shall be proposed by the applicant.
(6)
Grading and ground cover (soil erosion and sedimentation control). Where excavation or grading is proposed or where existing trees, shrubs or other vegetative cover is to be removed, plans shall be presented showing what steps are to be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also § 135-54F.)
(8)
Common open space. For proposals involving 25 or more dwelling units,
a minimum of 10% of the gross area of the development shall be reserved
by the developer as common open space for the use of all residents
of the complex. Such open space may include areas of land and water
but shall exclude all roads, parking areas, structures or service
lanes. This area shall also be easily accessible to all units. Applications
for multifamily housing developments shall include a proposal regarding
the ultimate ownership and maintenance responsibilities for these
common open space areas.
D.
Building relationships.
(1)
Arrangement of buildings. Adequate provision must be made for light,
air, access and privacy in the arrangement of the buildings to each
other. Each dwelling unit shall have a minimum of two exterior exposures.
(2)
Maximum length of rows. The maximum length of any group of attached
structures shall not exceed 200 feet. A building group must be arranged
in order to be accessible by emergency vehicles.
(4)
Distance between buildings and driveways.
(a)
No driveway or parking lot shall be closer than 15 feet to the
front of any building nor 10 feet to the side or rear of any building.
(b)
In the case of an enclosed garage or carport provided as a portion
of the main structure, distance requirements for driveways providing
access to these accommodations shall not apply.
(5)
Setback requirements. All dwelling structures situated within a multifamily
housing development shall be set back a minimum of 50 feet from all
side and rear property lines and 25 feet from the edge of any adjoining
street right-of-way.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Mobile home parks are permitted only in those zoning districts as specified in Article IV and Appendix D.[1] Every proposed mobile home park must meet the requirements of Article VI of Chapter 123, Subdivision and Land Development, as well as the standards set forth below.
A.
Minimum park area. The minimum gross area provided for each mobile
home park shall be as specified in the district regulations.
B.
Mobile home park lot requirements.
(1)
Gross density. The maximum number of mobile home lots within a mobile
home park shall be no more than five lots per acre.
(2)
Minimum mobile home lot sizes. The minimum mobile home lot shall
contain no less than 7,000 square feet. The minimum width of each
mobile home lot shall be no less than 70 feet. The minimum length
of each mobile home lot, measured from the edge of the right-of-way
line of the mobile home park internal street, shall be no less than
100 feet.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Boardinghouses or rooming houses or bed-and-breakfast establishments may be permitted only as provided in Article IV and Appendix D, District Regulations.[1] All applications for such activities shall indicate the
following standards can be met.
A.
Boarding or rooming facilities or bed-and-breakfast establishments
shall be accessory to a single-family dwelling unit and may or may
not include arrangements for breakfast or other meals.
B.
Accommodations in a boardinghouse or rooming house shall be limited
to no more than six additional persons and shall be for periods of
one week or more. The maximum number of guests accommodated in a bed-and-breakfast
establishment shall be dependent upon the type and capacity of sewage
disposal facilities on the site.
C.
Sewage and water facilities shall be sufficient to handle the anticipated
loading created by the proposed facility and shall be approved by
the Pennsylvania Department of Environmental Protection, where applicable.
All additional standards or regulations of the Pennsylvania Department
of Labor and Industry shall also be met. Satisfactory evidence that
all necessary permits or approvals have been obtained shall be submitted
as part of any application for a boardinghouse or rooming house or
a bed-and-breakfast establishment.
D.
The lot upon which the boardinghouse or rooming house or bed-and-breakfast establishment is located shall have a gross area equal to the minimum specified in the district regulations, Article IV and Appendix D.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Student housing facilities may be permitted in those zoning districts as specified in Article IV and Appendix D in the district regulations.[1] All applications for such activities shall indicate that
the following standards can be met.
A.
Where a single-family detached dwelling or similar structure is converted
for student housing, accommodations may be provided for no more than
10 individuals, unless the applicant can demonstrate that the facility
is of such size that it can adequately provide for additional residents.
Where a dormitory or new facility is constructed, such structures
may accommodate up to 25 students. A minimum of 500 square feet of
habitable floor area must be provided for each student to be housed
in a student housing facility.
[Amended 9-14-2010 by Ord. No. 9-14-2010]
B.
Residents shall have shared use of all bathroom and kitchen facilities
as well as other common rooms within the housing structure. Arrangements
shall be made for common eating facilities, and cooking in individual
rooms shall be prohibited. Adequate bathroom facilities shall be provided
for all students. Where an existing structure is converted for use
as a student housing facility, a minimum of one bathroom shall be
provided for each four residents.
C.
Sewage and water facilities shall be sufficient to handle the anticipated
loading created by the proposed facility and shall be approved by
the Pennsylvania Department of Environmental Protection, where applicable.
All additional standards or regulations of the Pennsylvania Department
of Labor and Industry shall also be met. Satisfactory evidence that
all necessary permits or approvals have been obtained shall be submitted
as part of any application for a student housing facility.
D.
The lot upon which the student housing facility is located shall have a gross area equal to the minimum specified in the district regulations, Article IV and Appendix D.[2]
[2]
Editor's Note: See charts attached to this chapter.
E.
The off-street parking requirements set forth in § 135-76, Table 1, and all other applicable parking standards shall be met.
G.
There shall be no more than one student housed on a lot on which
as student housing facility is located per 1,250 square feet of lot
area.
[Added 9-14-2010 by Ord.
No. 9-14-2010]
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Group homes may be permitted only in those zoning districts as specified in Article IV and Appendix D, District Regulations.[1] All applications for such activities shall indicate that
the following standards can be met.
A.
Residents of a group home shall maintain a single household unit
with shared use of rooms, except bedrooms, and shall share mealtimes
and housekeeping responsibilities.
B.
Accommodations shall be provided for no more than six residents at
one time, unless the applicant can demonstrate that the facility is
of such size that it can adequately accommodate additional occupants.
C.
Sewage and water facilities shall be sufficient to handle the anticipated
loading created by the proposed facility and shall be approved by
the Pennsylvania Department of Environmental Protection, where applicable.
All additional standards or regulations of the Pennsylvania Department
of Labor and Industry shall also be met. Satisfactory evidence that
all necessary permits or approvals have been obtained shall be submitted
as part of any application for a group home.
D.
Residents shall remain in residence for a period of at least three
months, and a change of residents shall not routinely occur except
in the case of death, extended illness or disability.
E.
Residents shall not receive regular medical treatment or psychological
counseling on the premises, nor shall the services provided be of
such nature as would render the home an institutional facility.
F.
Adult supervision shall be provided at the facility on a twenty-four-hour
basis.
G.
A minimum of one off-street parking space shall be provided for each
employee plus one additional space for each two residents.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Day-care centers, nursery schools, kindergartens or similar operations providing care for more than 11 children outside of a family residence or those facilities providing limited daytime care for adult, elderly or handicapped persons may be permitted as provided in Article IV and Appendix D, District Regulations,[1] and shall be subject to the following requirements.
A.
Outdoor recreation areas of at least 100 square feet per child and
50 square feet per adult being tended shall be provided. Such areas
shall be completely enclosed with a four-foot-high chain-link fence
located no less than 25 feet from the edge of any adjoining street
right-of-way.
B.
Outdoor recreation areas shall be sufficiently screened and sound-insulated
to protect the neighborhood from noise and other disturbances.
C.
Sewage and water facilities shall be sufficient to handle the anticipated
loading created by the facility and shall be approved by the Pennsylvania
Department of Environmental Protection, where applicable.
D.
All other applicable codes, ordinances or laws (including regulations
of the Pennsylvania Department of Public Welfare, Pennsylvania Department
of Labor and Industry and Pennsylvania Department of Education) shall
be met. Satisfactory evidence that all necessary permits or approvals
have been obtained shall be submitted as part of any application for
a day-care center.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Camps, cabins or vacation homes may be permitted only in those zoning districts as specified in Article IV. Every such structure shall meet the requirements outlined below.
A.
For the purposes of this chapter, camps or vacation homes shall be
construed to mean permanent structures used only periodically during
the year. Such use may include shelter during hunting and fishing
seasons, private vacation and/or weekend or holiday uses or other
similar periodic visits at any time of the year.
B.
Every lot to be utilized for such use shall contain a gross area
at least equal to the minimum lot size for the district in which it
is located and shall provide a width equal to the minimum required
in the applicable district.
C.
Every such structure shall be provided with adequate sewage disposal
and water supply systems, subject to the applicable rules and regulations
of the Pennsylvania Department of Environmental Protection. Satisfactory
evidence that all necessary permits of this type have been obtained
shall be submitted as a part of an application for a camp, cabin or
vacation home.
D.
A camp or seasonal structure shall not be converted to a permanent, full-time dwelling unit unless the same shall conform to all applicable Township codes and ordinances. Where seasonal structures are proposed for conversion to full-time occupancy, all habitable floor area requirements contained in § 135-17 must be met, and adequate sewage and water supply systems must be provided.
E.
No buses, trucks or similar vehicles are permitted as permanent camp
structures.
F.
No more than one permanent camp structure shall be erected on an
individual lot, except as part of an approved recreational land development.
Campgrounds or recreational vehicle parks may be permitted only in those zoning districts as specified in Article IV and Appendix D.[1] Every proposed campground or recreational vehicle park must meet the requirements of Chapter 123, Subdivision and Land Development, as well as the standards set forth below.
A.
General requirement. The owner of the campground or recreational
vehicle park shall, on an annual basis, certify to the Township, in
writing, the campground's or park's compliance with the
original building and zoning permit.
B.
Design standards.
(1)
Minimum campground area. A campground shall have a gross area of
at least three acres.
(2)
Camping space requirements.
(a)
Gross density. The maximum number of camping spaces within each
campground shall be no more than 10 per acre of gross area of the
campground.
(b)
Minimum camping space sizes. Each camping space shall contain
a minimum of 2,400 square feet. The minimum width shall be not less
than 40 feet and the minimum depth not less than 60 feet.
(c)
Camping space access. All camping spaces shall abut and have
frontage on a street of the campground internal street system.
(d)
Camping units. No more than one camping unit (recreational vehicle,
tent or other similar unit) shall be located on each camping space.
(e)
Accessory structures. No permanent accessory structures, including
sheds, storage buildings, porches, privies, etc., shall be placed
on camping spaces located in floodplain areas.
(3)
Setbacks, buffer strips and screening requirements.
(a)
Park perimeter buffer yard. All camping spaces and auxiliary
park structures shall be located at least 50 feet from the campground
boundary lines, including public road rights-of-way. If a suitable,
attractive screening of natural plantings is provided along the perimeter,
this minimum buffer may be reduced to 25 feet.
(b)
Minimum distance between structures and camping spaces. All
camping spaces shall be located at least 30 feet from any auxiliary
building.
(c)
Minimum distance between camping units. Individual camping units
shall be separated by a minimum of 15 feet.
(4)
Grading and ground cover requirements (soil erosion and sedimentation control plans). Where any excavating or grading is proposed or where any existing trees, shrubs or other vegetative cover will be removed, plans shall be presented showing what steps will be taken to avoid soil erosion. Exposed ground surfaces shall be stabilized or otherwise protected with a vegetative cover. (See also § 135-54F.)
(5)
Parking space requirements. A minimum of one vehicle parking space
shall be provided for each camping space plus one additional parking
space for every five camping spaces.
(6)
Campground street and drainage system requirements. The internal street and drainage control systems shall be designed and constructed in accordance with the road and drainage control standards outlined in Chapter 123, Subdivision and Land Development. (See also § 135-54E.) In addition, at the entrance intersection of the campground, a cartway with a width of 50 feet shall be provided for a distance of 100 feet to accommodate the safe movement of vehicles or units into and out of the facility. Such streets may remain private or may be designed, constructed and offered to the Township for public streets.
C.
Utilities and park facilities.
(1)
Water supply and sewage disposal systems. The standards of the Pennsylvania
Department of Environmental Protection for the provision of water
supply and sewage disposal shall be met. Documents and approvals indicating
that these standards have been met along with notations on the campground
plan showing the location of water sources and restrooms shall be
presented to the Township by the applicant. Separate restroom facilities
shall be provided for men and women.
(2)
Other utility systems. Where electric or other utilities are to be
provided, plans shall be provided by the developer and approved by
the Township and the utility company.
(3)
Solid waste collection and disposal. The applicant shall present
information to the Township explaining the proposed method of solid
waste collection and disposal. If such a method is not deemed sufficient,
an alternate method shall be proposed by the applicant.
(4)
Service and other campground buildings. Service, maintenance and management buildings and commercial sales buildings required for the management, servicing and maintenance of the campground may be allowed, provided that such buildings are used exclusively for said purposes. No structures may be located within a Floodway District but may be located within any other floodplain district as long as they are adequately floodproofed. (See Article VII.)
(5)
Campground management. During times of operation, each campground
shall have a manager who shall be responsible for maintaining the
facility in accordance with the requirements of this chapter and the
terms and conditions of the campground's approval.
D.
Campgrounds in flood-prone areas.
(1)
Where campgrounds are proposed to be located within a designated
floodway, building/zoning permits will only be valid from April 1
through September 30 of each year. All units must be removed from
the floodplain during the remainder of the year.
(2)
Where campgrounds are proposed to be located within any designated
floodplain area, a workable evacuation plan must be submitted by the
developer as a part of his application for a building/zoning permit.
Said plan must ensure that all units will be removed from the floodplain
during flood events.
(3)
Anchoring may be required for units being placed permanently in campgrounds
located outside of designated floodplain areas. However, units being
placed in campgrounds located within a designated floodplain must
remain on wheels and be capable of being towed or transported from
the site at all times. Such units may not be placed on blocks or similar
supports.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
If specific recreation facilities are not specified or regulated
elsewhere herein, the following standards shall apply. In addition,
the requirements listed below shall also apply to parks or playgrounds.
A.
The minimum area required for such activities shall be as set forth in the district regulations, Article IV and Appendix D.[1]
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
B.
A plan showing the proposed facilities and/or design of the recreation
facility or park or playground shall be provided by the applicant
with his building and/or zoning permit application.
C.
A statement shall be submitted by the applicant indicating the reasons
why the proposed facility is appropriate for the district in which
it is to be located.
D.
Off-street parking facilities shall be provided in accordance with the requirements of § 135-76, Table 1.
E.
Sewage disposal facilities shall be provided by the applicant in
accordance with the standards of the Pennsylvania Department of Environmental
Protection. An indication of the type of such sewage facilities that
are to be provided shall be submitted by the applicant as a part of
his building and/or zoning permit application.
F.
Information on the proposed method of solid waste collection and
disposal shall be presented with the building and/or zoning permit
application.
G.
Outdoor security lighting shall be provided for the facility. Such
lighting shall be installed and shielded to eliminate direct glare
on adjacent properties or upon public streets.
H.
All buildings, structures or active recreation activities shall be appropriately screened in accordance with the requirements of § 135-56 and shall be set back at least 50 feet from all property lines. Where the proposed activity could create a potentially hazardous situation, such as a shooting range, additional precautions shall be taken by the applicant to ensure the safety of the public. In all such circumstances, the Township Supervisors shall review the precautions being proposed and shall determine their adequacy.
I.
The proposed hours, rules and security arrangements for the facility
shall be included with the building/zoning permit application. Consideration
shall be given not only to the convenience of the users, but also
to the convenience, safety and welfare of the neighborhood in which
the facility is to be located.
Retail establishments shall include those facilities and personal service uses permitted in the district regulations, Article IV and Appendix D.[1] Applications for such activities shall include the following information. In addition, every proposed retail establishment must meet the requirements of Chapter 123, Subdivision and Land Development.
A.
A sketch plan showing the tract of ground on which the use is to
be located.
B.
An indication that the use will not have a detrimental effect on
the character of the area or neighborhood where it is proposed to
be located.
C.
An indication that adequate sewage disposal facilities will be provided.
F.
An indication of the establishment's proposed hours of operation.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Automotive service stations and/or repair shops may be permitted as provided in the district regulations, Article IV and Appendix D,[1] and shall be subject to the following requirements.
A.
No gasoline service station or automotive repair shop shall have
an entrance or exit for vehicles within 300 feet of any school, playground,
church or public place of assembly nor within 50 feet of any intersection.
B.
All gasoline pumps or other fuel-dispensing devices shall be no closer
than 25 feet to any street right-of-way line or lot line.
C.
All associated repair work (excluding preventive maintenance and
minor adjustments) shall be carried out within a structure. All repair
materials, including new, used, discarded or unusable parts of any
vehicle, shall be stored within a building.
D.
All fuel, oil, propane gas or other similar substance shall be stored
at least 25 feet from any street right-of-way or property line. (Additional
permits may be necessary to meet state and federal requirements regarding
the location of storage tanks for such purposes.)
F.
Bodywork or painting of vehicles may be permitted only where the
operation is to be conducted within an enclosed structure and where
such structure meets the Pennsylvania Department of Labor and Industry
regulations and is designed to contain all noise, vibrations, dust
and odor generated by the activity.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
For the purposes of this chapter, public entertainment facilities shall include but not be limited to bowling alleys, roller skating rinks, motion-picture theaters, health clubs and similar types of establishments, but shall exclude adult entertainment facilities. Such uses shall be permitted only as provided in Article IV and Appendix D, District Regulations,[1] and shall be subject to the following standards in addition
to all other applicable state or local requirements.
A.
All such uses shall be conducted entirely within an enclosed structure.
C.
Illuminated signs or other outdoor lighting shall be installed and shielded to avoid causing glare on adjacent properties or creating a hazard for passing motorists. (See also Article VIII of this chapter.)
D.
Adequate measures shall be taken to prevent noise or other noxious
influences from disturbing nearby residential properties.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Adult entertainment establishments or facilities may only be permitted as specified in Article IV and Appendix D, District Regulations,[1] and shall be subject to the following standards in addition
to all other applicable state or local requirements.
A.
Adult entertainment establishments shall not be located within:
(1)
One thousand feet of any R-S or R-U District or residential structure;
(2)
Five hundred feet of any church, school, theater, park, playground
or other areas where minors congregate;
(3)
Five hundred feet of any establishment licensed by the Pennsylvania
Liquor Control Board to dispense alcoholic beverages;
(4)
Two hundred fifty feet of any restaurant, eating establishment or
grocery store; nor within
(5)
Five hundred feet of any other adult entertainment establishment.
B.
Advertisements, displays or other promotional materials for adult
entertainment establishments shall not be shown or exhibited so as
to be visible to the public from any street, sidewalk or other public
place.
C.
All building openings, entries, exits or windows for adult entertainment
establishments shall be located, covered or screened in such a manner
so as to prevent a view into the interior from any street, sidewalk
or other public place. In the case of any adult drive-in or motion-picture
theater, viewing screens shall be situated so as to prevent observation
from any street, sidewalk or other public area and from any private
property adjoining such use.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Kennels may be permitted as provided in the district regulations, Article IV and Appendix D,[1] and shall be subject to the following requirements.
A.
All kennels shall be effectively screened from adjacent residential
properties and shall not be detrimental to any abutting commercial
use.
B.
Any and all outdoor lighting shall be mounted and shielded in such
a way so as to avoid causing glare on adjacent lots or properties.
C.
All outdoor kennel areas shall be completely enclosed with a chain-link
fence or other suitable fence or wall.
D.
The kennel area shall be located at least 200 feet from any residential
structure, except the owner's residence.
E.
Adequate arrangements shall be made for the disposal of excrement,
waste or animal parts and other refuse to the satisfaction of the
Township and the Pennsylvania Department of Environmental Protection.
Such arrangements shall assure that the wastes will not create odor,
dust or other noxious effects that could be considered public nuisances.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Industrial operations shall include those manufacturing operations and processing activities provided for in the district regulations, Article IV and Appendix D.[1] Applications for such activities shall meet the following standards, and additional documentation may be required where it is deemed necessary by the Township to protect the health, safety and welfare of its residents. In addition, all proposed industrial operations must meet the requirements of Chapter 123, Subdivision and Land Development.
A.
Industrial operations shall abut and/or provide direct access to
a street or highway which is capable of accommodating the anticipated
levels and types of industrial and employee traffic.
B.
Every industrial or manufacturing operation must be contained within
a building. All storage associated with such uses shall be contained
within an enclosed building or shall be shielded or screened from
view by a fence and/or screen planting and shall not be located within
any setback or required yard.
C.
Adequate public or off-lot sewer and water facilities must be available
for each industrial or manufacturing operation or must be provided
by the developer and approved by the Pennsylvania Department of Environmental
Protection. All additional standards or regulations of the Pennsylvania
Department of Labor and Industry shall also be met. Satisfactory evidence
that all necessary permits or approvals have been obtained shall be
submitted as part of any application for such a use.
F.
Compliance with the following minimum performance standards, in addition
to all applicable local, state or federal codes or regulations (including
the Department of Environmental Protection's air, water and noise
pollution control standards) shall be required.
(1)
Sound. The volume of sound inherently and recurrently generated shall
be controlled so as not to cause a nuisance to adjacent uses.
(2)
Vibration. No vibrations shall be discernible beyond the property
lines of the industry.
(3)
Odor. No emission of odorous gas or other odorous matter shall be
permitted in such quantity as would be readily detectable along or
beyond the lot lines of the industrial operation without the use of
instruments.
(4)
Toxic or noxious matter. No discharge beyond lot lines of any toxic
or noxious matter in such quantity as would be detrimental or dangerous
to public health, safety, comfort or welfare or would cause injury
or damage to property or businesses shall be permitted.
(5)
Glare. No direct or reflected glare shall be detectable at any point
along or beyond the property lines of the industry.
(6)
Heat. No direct or reflected heat shall be detectable at any point
along or beyond the property lines of the industry.
(7)
Dust and fly ash. No solid or liquid particles shall be emitted in
such quantities as would be readily detectable at any point along
or beyond the property lines of the industry or as would produce a
public nuisance or hazard.
(8)
Smoke. No smoke shall be emitted in such quantity as would become
a nuisance.
(9)
Fire and explosion hazards. In all activities involving and in all
storage of flammable and explosive materials, the owner or operator
of such use shall provide adequate safety devices against the hazard
of fire and explosion and adequate firefighting and fire-suppression
equipment and devices standard in the industry. All such facilities
shall be set back a minimum of 250 feet from residential structures.
Burning of waste materials in open fires shall be prohibited.
(10)
Radioactivity or electrical disturbances. No activities shall
be permitted which emit dangerous radioactivity or electrical disturbance
adversely affecting the operation of any equipment other than that
of the creator of such disturbance.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Warehousing and storage facilities may be permitted only as provided in the district regulations, Article IV and Appendix D,[1] and shall conform to the following standards.
A.
The lot upon which the warehousing or storage facilities are located shall have a gross area equal to the minimum specified in Article IV and Appendix D, District Regulations, for the district in which it is located.
C.
All outdoor storage or storage of materials, equipment and products
associated with warehousing activities shall be situated within the
buildable area of the lot on which the warehouse is located and behind
the front line of the principal building. No outdoor unenclosed storage
shall be located within any required setback or yard area.
D.
Outdoor storage shall not exceed 35 feet in height.
E.
Outdoor storage shall be completely shielded from view from all public roads and adjacent properties by use of natural plantings and/or fencing. (See also § 135-56.)
F.
Storage of hazardous materials shall be governed by the requirements of this section and § 135-35F(9), as well as all applicable state and federal regulations.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Contractors' shops and yards may be permitted as provided in the district regulations, Article IV and Appendix D,[1] and shall be subject to the following requirements.
A.
All construction, fabricating and fitting activities shall be conducted
within an enclosed building or structure.
C.
All precautions deemed necessary shall be taken to minimize potentially
noxious, hazardous or nuisance occurrences within the C or I District
or in any adjacent district.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Mineral extraction operations, such as quarries or other commercial excavation of sand, gravel, clay, shale, rock or other natural mineral deposit, may be permitted only as outlined in Article IV and Appendix D.[1] Such operations shall comply with the Pennsylvania Department
of Environmental Protection permit requirements, and evidence of such
compliance must be submitted with any application for an extractive
operation. In addition, the following standards shall be met.
A.
Extractive operations shall abut on or provide direct access to an arterial highway capable of accommodating heavy trucks and employee traffic. Truck access to any excavation shall be arranged to minimize danger to traffic and nuisance to surrounding properties. The Township Supervisors may require the applicant to post a highway performance bond in order to assure the maintenance of local municipal roads used for access and transportation of resources, materials and products of the operation. The amount of the bond shall be set by the Township Supervisors and shall be valid for one year. An annual renewal of the bond and its amount shall be required. The bond shall be administered in accordance with the provisions of Article V of the Pennsylvania Municipalities Planning Code, as amended,[2] relating to improvement agreements.
[2]
Editor's Note: See 53 P.S. § 10501 et seq.
B.
The applicant shall submit plans which indicate what precautions
will be taken to avoid soil erosion and sedimentation problems wherever
any excavation is proposed. The applicant shall consult the County
Conservation District concerning these plans and shall obtain a report
on the soil characteristics of the site. Exposed ground surfaces shall
be stabilized or protected with a vegetative cover to prevent soil
erosion, unless other erosion control techniques are approved.
C.
Proper screen plantings and a buffer yard of 50 feet shall be provided
along the perimeter of the excavation site. In the case of open excavation,
a fence at least six feet in height shall completely surround at least
that portion of the property containing the excavation.
D.
No mineral extraction activities, stockpiling or storage of extracted
material shall be located closer than 150 feet to any property line,
street right-of-way line or residential dwelling nor less than 250
feet from any stream or body of water.
E.
Where permitted, rock crushers, batching or mixing plants or other
grinding, polishing or cutting machinery shall be set back a minimum
of 100 feet from all property lines and public rights-of-way and shall
be subject to such additional conditions and safeguards deemed necessary
by the appropriate approving agency to protect the public health,
safety and welfare.
F.
Any blasting required for extractive operations shall be conducted
only by persons having a current license issued by the Pennsylvania
Department of Labor and Industry. Blasting, handling and storage of
explosives shall be carried out in accordance with the most current
rules and regulations of the Pennsylvania Department of Labor and
Industry. The applicant and/or operator of any excavation involving
blasting shall carry insurance to cover such operations in an amount
satisfactory to the Township Supervisors.
G.
Following the extractive operation, the applicant shall restore the area to a contour satisfactory to the Township Supervisors. The applicant shall provide plans and proposals indicating the process to be followed to bring about this restoration prior to the issuance of a building/zoning permit. If it is determined appropriate by the Township, it may require a performance bond from the applicant to insure that such restoration will take place. Such bond shall be administered in the same fashion as the highway performance bond discussed in Subsection A above.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
All junkyards or scrap-processing operations created after the
effective date of this chapter shall comply with the following provisions.
A.
Such uses shall be conducted within a building or entirely enclosed within a fence or wall not less than eight feet in height constructed of a permanent material. In addition, a buffer yard and screen planting as set forth in §§ 135-55 and 135-56 may be required. No part of any buffer yard may be used for the storage of any materials or parts associated with the operation.
B.
No junk material, appurtenant structure, related activity or other
enclosure shall be stored, placed, located or conducted within 50
feet of any adjoining property line or public street right-of-way.
No weeds or scrub growth over eight inches in height shall be permitted
to grow within this setback area.
C.
All junk shall be stored or arranged so as to permit access by firefighting
equipment and to prevent the accumulation of water. No junk shall
be piled to a height exceeding eight feet.
D.
No oil, grease, tires, gasoline or other similar material shall be
burned at any time, and all other burning shall be attended and controlled
at all times.
E.
All junkyards shall be maintained in such a manner to avoid causing
public or private nuisances, causing any offensive or noxious odors
or causing the breeding or harboring of rats, flies or other vectors
that could be hazardous to public health.
Sanitary or municipal waste landfills may only be permitted
as outlined in the district regulations and shall be subject to the
following standards as well as all applicable requirements of the
Pennsylvania Department of Environmental Protection and the Environmental
Protection Agency, including air, water quality and solid waste management.
A.
The minimum area required for a sanitary or municipal waste landfill
shall be 50 contiguous acres.
B.
The applicant shall obtain approval for the proposed facility from
the Pennsylvania Department of Environmental Protection prior to the
issuance of a building/zoning permit by the Township.
C.
Sanitary or municipal waste landfills shall abut on or provide direct access to an arterial highway capable of accommodating the anticipated traffic. Truck access to any such facility shall be arranged to minimize danger to general traffic and nuisance to surrounding properties. The Township Supervisors may require the applicant to post a highway performance bond in order to assure the maintenance of local municipal roads used for access to and from the site of the facility. The amount of the bond shall be set by the Township Supervisors and shall be valid for one year. An annual renewal of the bond and its amount shall be required. The bond shall be administered in accordance with the provisions of Article V of the Pennsylvania Municipalities Planning Code, as amended,[1] relating to improvement agreements.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
D.
Sanitary or municipal waste landfills shall be completely enclosed
by a fence so as to be screened from view by passing motorists and
from adjoining properties to eliminate debris from being blown from
the site and to discourage trespassing.
E.
All sanitary or municipal waste landfills shall be located a minimum
of 250 feet from any stream, water body or wetland area or well and
shall be separated from such features by an earthen, landscaped berm
designed and constructed to preclude any direct or indirect runoff
of surface water into the water source.
F.
Sanitary or municipal waste landfills shall be located a minimum
of 1,000 feet from any school, church, municipal building or medical
facility.
G.
All fill areas associated with sanitary or municipal waste landfills
must be situated at least 1,500 feet from adjoining property lines
and street rights-of-way.
H.
A geological study, identifying the seasonal variations of groundwater
in the vicinity of the proposed site, as well as the types and depths
of various soils and geologic formations in the area, shall be prepared
by the applicant and submitted to the Township as a part of an application
for a sanitary or municipal waste landfill. This report shall also
include a detailed description of the subsurface conditions of the
proposed site and shall indicate the likely impacts of such a use
on these conditions.
I.
A reclamation plan indicating, in detail, the intended method of
closeout and reuse of the site shall be prepared by the applicant
and submitted to the Township as a part of an application for a sanitary
or municipal waste landfill.
Irrespective of the specific uses listed or permitted in any of the Township's zoning districts, agricultural programs shall be permitted and encouraged as an interim use until such time as the property owner sells or transfers his property interests to persons, agents or others interested in developing a use in conformance with the district regulations set forth in Article IV and Appendix D.[1] All agricultural uses initiated or structures built after
December 1, 1992, shall be subject to the following safeguards and
regulations.
A.
Storage of manure and/or odor- or dust-producing substances shall
not be permitted within 150 feet of a lot line.
B.
Coal-fired greenhouse heating plants shall not be operated within
100 feet of any R-S or R-U District or residential dwelling. When
natural gas or fuel oil is used, the distance may be reduced to 50
feet.
C.
Buildings in which animals and/or poultry are to be housed (temporarily
or permanently) shall not hereafter be erected within 50 feet of a
property line.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
[Added 3-18-2015 by Ord.
No. 3-18-15B]
A.
This § 135-41.1 shall apply for a use with a new or expanded building used to house animals that is placed or constructed after the effective date of this section.
B.
A new or expanded building used for intensive raising of livestock
and/or poultry shall not be located within the following, whichever
is more restrictive:
C.
Minimum lot area. A minimum lot area of 10 acres shall apply except
a minimum lot area of 40 acres if the use will have more than five
animal equivalent units per acre on the average.
D.
As a special exception use, the Zoning Hearing Board may approve
a smaller setback for the expansion of facilities that existed prior
to the adoption of this section where the applicant proves that there
is no reasonable and feasible alternative and where the applicant
proves that the lesser distance would not be detrimental to public
health or safety or create significant hazards or nuisances.
E.
An adjacent property owner may also waive his/her rights to an increased
setback by providing a signed and notarized written letter to the
Zoning Officer. Such waiver shall be automatically binding upon future
owners of the property.
F.
The applicant should describe in writing or on site plans methods
that will be used to address water pollution and insect and odor nuisances.
The applicant should provide a written comparison of proposed methods
of controlling insect and odor nuisances and avoid water pollution
to applicable sections of the Pennsylvania Soil and Water Conservation
Technical Guide as published by the United States Department of Agriculture
and the State Department of Environmental Protection's Manure
Management Manual for Environmental Protection or their successor
publications. The applicant may provide a cross-reference to certain
sections of such manuals or other written industry standards to describe
the methods that will be used.
G.
The location of the facility is requested to consider prevailing
wind patterns as they may affect the nearest existing dwellings.
H.
For a new or expanded raising of livestock or poultry use, evidence
shall be provided by the operator/applicant to the Township to show
that there will be compliance with procedures and requirements of
the State Nutrient Management Act and accompanying state regulations,
if applicable.
I.
See manure storage facility setback regulations in the State Nutrient
Management Regulations.
Temporary roadside stands or shelters may be permitted as provided in Article IV and Appendix D,[1] District Regulations, for the sale of items to the general
public, including produce, fish, flowers, crafts, paintings, etc.,
provided that the following criteria can be met.
A.
Such stands shall not exceed 400 square feet in size and shall be
removed during that period of time when not in use for the sale or
display of products.
B.
Two additional off-street parking spaces shall be provided where
a roadside stand is established.
C.
Stands shall be located at least 20 feet from the edge of the adjoining
street right-of-way and at least 50 feet from any intersection.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
For the purposes of this chapter, public utility services shall
include the erection, construction, alteration, use and maintenance
by municipal or governmental agencies and public utilities or public
service corporations of such facilities as are necessary for the furnishings
of adequate service by such agencies, utilities or public service
corporations for public health, safety or general welfare, including
underground or overhead electrical, telephone, gas, steam, water or
sewage disposal systems, including poles, wires, lines, mains, drains,
sewers, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants, gas regulator and measuring devices, including
the structures in which they are housed, and other similar equipment.
Such facilities shall meet the following additional standards.
A.
Public utility structures, including substations, water pumping stations
and/or sewage treatment facilities, shall be designed and constructed
to be compatible with the general character (appearance and structural
material) of the other structures within the district in which they
are located.
B.
Structures may be permitted for the housing of transformers, pumps
and similar equipment, subject to the standards set forth in the district
regulations. Such structures shall house only those vehicles or equipment
necessary to provide normal maintenance and repair for the systems,
except in the C or I District, where office space may also be provided.
C.
Outdoor storage areas associated with public utility services may
only be permitted as set forth in the district regulations. Where
permitted, such storage areas shall be enclosed with a fence and shall
be screened from view by adequate planting. In addition, where adjacent
land use dictates, buffer yards of 25 feet may also be required to
provide sufficient separation of uses.
Swimming pools, as defined in § 135-7 of this chapter, may be permitted as accessory uses in all zoning districts but must comply with the following requirements:
A.
In-ground swimming pools. Every in-ground swimming pool shall be
completely surrounded by a fence, wall or similar enclosure not less
than four feet in height, which shall be so constructed as to prevent
uncontrolled access. All gates or doors in the fence or wall shall
have self-closing, self-latching devices on the pool side for keeping
the door or gate securely closed at all times when not in use. A dwelling
or accessory structure may be used as part of such enclosure.
B.
Aboveground swimming pools.
(1)
Every aboveground swimming pool having walls less than four feet in height shall be enclosed in accordance with the provisions contained in § 135-44A.
(2)
Aboveground pools having exposed rigid walls four feet or greater in height may be excluded from the fencing requirements, provided that such pools are equipped with access ladders which may be raised and locked in a near vertical position when the pool is unattended. An aboveground pool as described in this subsection which is served by a ladder or steps which cannot be raised and locked shall be enclosed in accordance with § 135-44A.
C.
All existing swimming pools shall be compliant with this section
no later than June 15, 2000.
A.
Home occupations may be permitted as accessory uses in the A-R, R-S,
R-U and C Districts, subject to the following standards.
(1)
The area devoted to the permitted home occupation shall be located
wholly within either the operator's dwelling or a building accessory
thereto and shall be equivalent to not more than 25% of the gross
floor area of the dwelling, except for family day-care homes.
(2)
Persons engaged in a permitted home occupation shall be limited to
the members of the household of the operator residing on the premises
and not more than one additional employee not residing on the premises.
(3)
A home occupation shall not in any way alter the residential character
of a neighborhood nor in any way adversely affect the safe and comfortable
enjoyment of individual property rights of the neighborhood in which
the use is located.
(4)
There shall be no exterior display or sign, except as may be permitted in Article VIII, and no outdoor, unenclosed storage of materials associated with the business on the premises.
(5)
No offensive or objectionable noise, vibration, smoke, dust, odor,
heat or glare shall be produced by the home occupation nor be detected
at or beyond the property line.
(6)
All applicable off-street parking requirements contained in § 135-76, Table 1, shall be met. In no case, however, shall the number of spaces provided be fewer than two.
(7)
The use shall not create any adverse impact on existing traffic or
circulation patterns in the neighborhood.
(8)
Home occupations may include but need not be limited to any of the
following, provided that such use is clearly incidental and secondary
to the principal residential use of the structure:
(a)
Medical, dental, insurance, real estate and other professional
offices.
(b)
Custom dressmaking and milliner facilities.
(c)
Artist or musician shops or studios.
(d)
Family day-care homes.
(e)
Tutoring facilities.
(f)
Barber- and beauty shops.
(g)
Arts and crafts shops.
(h)
Businesses in which no customers come to the home, no more than
one business vehicle is parked at the home at one time, no sign is
posted regarding the business, and all inventory or other saleable
goods or equipment must be warehoused or stored inside the home in
a space which covers no more than 225 square feet of floor space.
B.
Other home occupations not specified above may be permitted upon
finding of the Zoning Hearing Board that such use complies with the
criteria of this section and other applicable codes and ordinances
and that the proposed use would not be detrimental to the health,
safety and welfare of the residents of the neighborhood.
An accessory residential use, including an apartment or dwelling unit above or adjoining a commercial use in a Commercial District or a second residential dwelling unit above a garage in an R-U Zone, may be permitted as specified in Article IV and Appendix D, District Regulations.[1] (Particular attention should be given to determine the
appropriate approving authority.) Every such proposed use shall also
meet the requirements outlined below.
A.
All such uses must remain secondary to the principal building or
use of the site.
C.
The off-street parking requirements set forth in § 135-76, Table 1, shall be met in full for each use.
D.
Sewage and water facilities shall be sufficient to handle the anticipated
loading created by the additional proposed dwelling unit and shall
be approved by the Pennsylvania Department of Environmental Protection,
where applicable. Satisfactory evidence that all necessary permits
or approvals have been obtained shall be submitted as part of any
application for an accessory residential use.
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
A.
Circuses, carnivals or open-air cultural, religious or sporting events.
(1)
A temporary building/zoning permit may be issued for a temporary
use such as a carnival, circus or open-air cultural, religious or
sporting event in the A-R, C or IC District. Such temporary permit
shall be valid for no more than 14 days and shall be issued only after
the applicant has met the following requirements.
(a)
If the temporary use is to take place on land not owned by the
applicant, the applicant shall present a written statement from the
owner of the property, in which he agrees to the temporary use of
his property. The property owner shall also acknowledge his responsibility
for all site restoration.
(b)
The applicant shall provide sufficient insurance coverage to
adequately protect the Township against any damage, accident or other
claim resulting from the event. Evidence of such insurance shall be
submitted as a part of the permit application.
(c)
The site of such temporary use shall not be left unattended
by the applicant or agents of the applicant at any time while the
use is located on the site.
(d)
Information concerning water supply and sewage disposal facilities
to be used shall be presented by the applicant with assurance from
the Pennsylvania Department of Environmental Protection that these
arrangements are adequate.
(e)
Any solid waste generated by the temporary use shall be collected
and disposed of in an acceptable fashion by the applicant.
(f)
The applicant shall assure the Township that all vendors intending
to dispense food or beverages to the public will be properly licensed
or approved by the Pennsylvania Department of Health to do so.
(g)
Assurance shall be given by the applicant to guarantee that
there is adequate space to satisfy the parking demands that will be
generated by the use and that adequate traffic control precautions
will be taken.
(h)
All wagons, tents, temporary structures, animals and any other
materials brought to the site, as well as all debris or refuse generated
by the event, shall be removed by the applicant within the time limit
stated on the temporary permit and prior to vacating the site.
(2)
The Zoning Officer shall note on the temporary permit or attach to the permit application information that demonstrates that the applicant has agreed to or complies with the requirements of Subsection A(1) above. The Zoning Officer shall inspect the site as necessary to ensure that the provisions of the permit are adhered to.
B.
Mobile homes. Mobile homes providing temporary quarters, either for
commercial or construction use, may be permitted by the Township Zoning
Officer for a limited period of time. When so authorized, such units
shall be subject to the following standards.
(1)
A temporary building/zoning permit shall be required and, when issued,
shall indicate the specific period of time for which the authorization
is granted. No temporary permit for such uses shall be issued for
a period of time exceeding one year.
(2)
The Township Zoning Officer may grant an extension of the time period
for the temporary permit for up to 90 days if in his opinion the applicant
encountered unforeseen circumstances in carrying out the operation
for which the original temporary permit was issued.
(3)
Information concerning water supply and sewage disposal facilities
to be used shall be presented by the applicant as part of his building/zoning
permit application, along with assurance from the Pennsylvania Department
of Environmental Protection that these arrangements are adequate.
(4)
All such mobile homes shall be removed from the site by the applicant
upon expiration of the permit at no cost to the Township.
A temporary building/zoning permit may be issued for a temporary use such as a carnival, circus or open-air cultural, religious or sporting event in any floodplain district. An applicant for such a temporary permit shall be subject to the standards of § 135-47A above. In addition, if there is a threat of flood or a flood warning is issued by the National Weather Service, all wagons, tents, temporary structures, animals and other materials shall be removed completely from the one-hundred-year floodplain. This shall be done promptly before the threat of flood becomes a reality.
Docks, piers and other water-related uses may be permitted in
or along the Susquehanna River in Scott Township, as provided in the
district regulations, but must adhere to the following standards:
A.
Docks and all other water-related uses shall be installed so that
they create no rise in the one-hundred-year flood level. When there
is a threat of a flood, docks shall be removed from the floodplain.
B.
Docks must be removed from the watercourse by their owner during
the off-season and may not be stored in the Floodway District. If
stored in a Flood-Fringe or General Floodplain District, they must
be secured in such a way as will prevent lateral movement.
C.
Docks shall extend no more than 10 feet into the river and shall
be located no closer than 50 feet to any other dock.
Communications antennas, communications equipment buildings and communications towers may be permitted only as provided in the District Regulations, Article IV and Appendix D,[1] and shall conform to the following standards:
A.
Building-mounted communications antennas shall not be located on
any single-family dwelling, two-family dwelling or multifamily dwelling.
B.
Building-mounted communications antennas and communications antennas
mounted on a nonresidential structure (excepting communication towers
and public utility transmission towers) shall be permitted to exceed
the height limitations of the applicable zoning district by no more
than 20 feet.
C.
Omnidirection or whip communications antennas shall not exceed 20
feet in height and seven inches in diameter.
D.
Directional or panel communications antennas shall not exceed five
feet in height and three feet in width.
E.
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 Code Enforcement Officer
for compliance with the Scott Township's Building Code and other
applicable law.
F.
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.
Easements shall be a minimum of 20 feet in width and shall be improved
with a dust-free all-weather-surface cartway at least 10 feet in width
for its entire length.
G.
Communications antennas shall not cause radio frequency interference
with other communications facilities located in Scott Township.
H.
The maximum height of any new tower or any tower in existence intended
to be used as a telecommunications tower shall not exceed that which
shall permit operation without artificial lighting of any kind or
nature in accordance with municipal, state and/or federal law and/or
regulation.
I.
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
J.
Communications towers shall comply with all applicable Federal Aviation
Administration, Commonwealth Bureau of Aviation and applicable airport
zoning regulations.
K.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure or communications tower. A good faith effort shall require
that all owners of potentially suitable structures within a one-half-mile
radius of the proposed communications tower site be contacted and
that one or more of the following reasons for not selecting such structure
apply:
(1)
The proposed antennas and related equipment would not exceed
the structural capacity of the existing structure, and its reinforcement
cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related equipment would cause radio
frequency interference with other existing equipment for that existing
structure, and the interference cannot be prevented at a reasonable
cost.
(3)
Such existing structures do not have adequate location, space,
access or height to accommodate the proposed equipment or to allow
it to perform its intended function.
(4)
Addition of the proposed antennas and related equipment would
result in electromagnetic radiation from such structure exceeding
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic radiation.
(5)
A commercially reasonable agreement could not be reached with
the owners of such structures.
L.
A communications tower may be located on a lot occupied by other
principal structures within said lot.
M.
Subdivision or land development approval shall not be required for
a communications tower or communications antenna located on existing
buildings, structures, communications towers or public utility transmission
towers. All other communications towers shall require subdivision
and land development approval if required under the ordinances of
Scott Township.
N.
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to perform its function at the
proposed location based on specific engineering data.
O.
The foundation and base of any communications tower and the communications
equipment building associated therewith shall be set back from a property
line (not lease line) a distance of at least 1/2 the height of the
tower.
P.
The applicant shall submit certification from a Pennsylvania-registered
professional engineer that a proposed communications tower will be
designed and constructed in accordance with the current Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,
published by the Electrical Industrial Association/Telecommunications
Industry Association, and applicable requirements of Scott Township's
Building Code.
Q.
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
for the operator of the communications tower; and a certificate of
insurance evidencing general liability coverage in the minimum amount
of $1,000,000 per occurrence covering the communications tower and
communications antennas.
R.
All guy wires associated with guyed communications towers shall be
clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
S.
The site of a communications tower shall be secured by a fence with
a maximum height of eight feet to limit accessibility by the general
public. The entire perimeter of the fence, excluding the gate area,
shall be planted with evergreen trees at least six feet tall at the
time of planting. The evergreen trees shall be planted no greater
than every 10 feet.
T.
Communications towers shall be protected and maintained in accordance
with the requirements of Scott Township's Building Code.
U.
If a communications tower or communications antenna remains unused
for a period of six consecutive months, the owner of the property
or operator of the tower shall dismantle and remove the communications
tower within three months of the expiration of such six-month period
or as soon thereafter as practical given existing weather conditions.
The owner or operator shall provide Scott Township with a copy of
the notice to the FCC of intent to cease operations.
V.
One off-street parking space shall be provided within the fenced
area.
W.
Unless specifically required by other regulations, all communications
towers shall have a neutral, earth-tone or similar painted finish
that shall minimize the degree of visual impact.
X.
No portion of any communications tower or related structure shall
be used for a sign or other advertising purpose, including but not
limited to company name, phone numbers, banners, streamers, etc.
Y.
If the communications tower is located in an area of existing woodland,
the existing woodland shall be preserved to the fullest extent possible.
Z.
The applicant for a new communications tower shall submit with the
building application an affidavit stating that space on the proposed
tower will be made available to future users when technically possible
and at a commercially reasonable rate.
AA.
An applicant who proposes to attach a communications antenna to an
existing communications tower, public utility transmission tower or
building shall not be required to submit the information required
under this section, provided that the same information had previously
been supplied to the Township pursuant to a previous application and
the current applicant and its engineer execute an affidavit that the
previously supplied information is true and accurate and any changes
in the information is specifically identified.
BB.
Communications antennas not attached to a communications tower or
public utility transmission tower and their associated telecommunications
support facilities may be located in any zoning district on:
[1]
Editor's Note: Appendix D refers to the charts of use
regulations and dimensional requirements for the respective zoning
districts of the Township included as attachments to this chapter.
Airports and heliports must adhere to all applicable Federal
Aviation Administration regulations and also must be in compliance
with any ordinance hereafter enacted pursuant to the Pennsylvania
Aviation Code, Act of October 10, 1984, P.L. 837, No. 164, 74 Pa.C.S.A.
§ 5101 et seq., and the Airport Zoning Act, the Act of October
10, 1984, P.L. 837, No. 164, 74 Pa.C.S.A. § 5911 et seq.,
as said Aviation Code and Airport Zoning Act, and the Scott Township
ordinances promulgated thereunder may be amended from time to time.
[Added 10-28-2008 by Ord.
No. 10-28-2008]
The following criteria shall apply to a flex community within
the LI Zoning District, the following uses and regulations shall apply
to this particular use, unless otherwise permitted by Scott Township
during the land development process:
A.
Lot size. The minimum lot size shall be 30 acres.
B.
Ownership. The flex community tract shall be developed according
to a single plan with common authority and responsibility as determined
by the landowner. If more than one person has an interest in all or
a portion of a tract, all persons with interests in any portion of
the tract shall join as applicants and shall present an agreement,
in a form acceptable to the Board of Supervisors, guaranteeing that
the tract as a whole shall be developed in accordance with any approval
granted under this section as a single flex community with common
authority and governing documents.
C.
Mixed-use neighborhood. The flex community shall be designed as a
mixed-use neighborhood in which residential, commercial and/or open
space uses are within close proximity to one another. The development
may be designed with a mix of housing types and sizes to allow diversity
of household types.
D.
Uses. The following uses shall be permitted as a matter of right
within the zoning district pursuant to the mix of use criteria set
forth within this section unless otherwise permitted by the Board
of Supervisors:
(2)
Neighborhood center areas shall comply with the following general
use requirements and may contain the nonresidential permitted uses
set forth below as well as the residential uses set forth above. The
neighborhood center shall provide a neighborhood center that contains
a mix of commercial, residential and open space uses.
(3)
Commercial uses.
(a)
Personal services, including beauty shops and barbershops, shoe
repair, tailoring and dressmaking and dry cleaner (dropoff only).
(b)
Professional, business or administrative offices, such as medical,
dental, real estate, bank or other financial institution.
(c)
Personal fitness center or training or educational businesses,
including music, art, dance or other cultural pursuits instruction
for individuals and including instrument, art or other directly related
services.
(d)
Eating establishments, including restaurants, coffee or tea
shops, and delicatessens with inside or outside table service.
(e)
A grouping of retail stores, shops or establishments, including
neighborhood grocery stores, pharmacies, bakery or confectionery stores,
bookstores, newsstands, gift shops, bicycle shops, specialty food
stores, florists, art galleries, studios and shops of artists or artisans.
(f)
Live-work units consisting of a first-floor office or work area
use of no more than 1,000 square feet and within the same structure
as a residential dwelling. Live-work units shall conform to uses and
standards for home occupations.
(g)
Public or semipublic parks or playgrounds, recreation facilities,
private parks and facilities.
(k)
Fuel-dispensing shall not be permitted.
(l)
All uses permitted as a matter of right within the C, IC and
LI Zoning Districts if determined by the Zoning Officer to comply
with the other commercial and residential uses within the neighborhood
center.
E.
Required mix of uses. To accommodate a diversity of age and incomes,
the flex development may contain a mix of each of the permitted uses.
F.
Utilities. Flex communities shall be served by public water supply
and sewage disposal.
G.
H.
Residential design standards.
(1)
All structures containing dwelling units shall be located within
1/4 mile of a common, green, square or trail.
(2)
For townhouse structures, no more than eight dwelling units
shall be in any one structure.
(3)
At least one public entrance for each residential principal
structure shall be oriented toward the front lot line or street side
lot line. Vehicular openings such as those for garages and carports
shall not constitute a public entrance.
(4)
The front and street side exterior walls of each residential
principal structure shall each contain a minimum of 15% of transparent
or translucent materials on each story below the roofline. Garage
facades shall be included in the transparency/translucency calculation.
(5)
Pedestrian access from the public sidewalk, street right-of-way
or driveway to the front doorway of the residential principal structure
shall be provided via an improved surface. A pedestrian access up
to 75 square feet that is separate from a driveway shall not be calculated
as impervious surface.
(6)
In order to make the living area of a residence more visually
dominant than its parking facilities, all garages or carports (whether
detached, attached to or incorporated within the principal structure)
shall be recessed at least 10 feet behind the front facade of the
principal structure or required minimum front yard setback, whichever
is greater. When a lane is present, garages shall be located in the
rear yard and accessed through the lane.
(7)
An unscreened open-air porch may extend into the required front
yard setback up to eight feet. Roof projections (eaves) may extend
beyond the eight feet but not extend into the required setback more
than 10 feet. No other modification of front-yard setbacks shall be.
(8)
Where two or more townhouse buildings or multifamily dwellings
are located on the same lot, the following separation distances shall
be applicable;
(a)
Front to front, rear to rear or front to rear parallel buildings
shall have at least 40 feet between faces of the building. If the
front or rear faces are obliquely aligned, the above distances may
be decreased by as much as 10 feet at one end, if increased by similar
or greater distance on the other end.
(b)
A minimum yard space of 30 feet is required between end walls
of buildings.
(c)
Minimum yard space of 30 feet is required between end walls
and front or rear faces of buildings.
I.
Neighborhood center design standards.
(1)
Each flex community greater than 40 acres shall include a neighborhood
center. Neighborhood centers shall be defined by the developer and
shall be a focal area of the development intended for use by the flex
community for purposes of either recreation, commercial or general
activities considered by the community based upon the mix of residential
users for each particular development.
(2)
The neighborhood center shall be located within approximately
1/2 mile of all residential uses and may contain a mix of commercial,
residential, civic, institutional, recreation and/or open space uses.
In the event retail uses are provided within the neighborhood center,
those uses should be those that support the day-to-day needs of the
local residents and should be complemented by compatible business,
recreational, civic, institutional, residential and/or open space
uses.
J.
Network of circulation systems. The flex community shall be designed
with an interconnected network of circulation systems that facilitates
vehicular, pedestrian and bicycle use. An interconnected street pattern
will create multiple routes in the development and limit the use of
isolated culs-de-sac. Bikeway and/or trail systems will complement
the public or private street network. Narrow streets which utilize
traffic-calming techniques will promote pedestrian use as will a compact
mixed-use development plan.
K.
Circulation standards. The circulation system shall provide functional
and visual links within the flex community and shall be connected
to existing and proposed external development. The circulation system
shall provide for different modes of transportation, including vehicular,
pedestrian and bicycle.
(1)
Pedestrian circulation.
(a)
Where feasible, existing pedestrian routes shall be retained
and enhanced.
(b)
All streets, except for alleys, shall be bordered by sidewalks
on at least one side.
(c)
Sidewalks shall be provided along existing streets connecting
the flex community to existing or future development adjacent to the
flex community.
(d)
Sidewalks shall not be less than four feet in length.
(e)
Trails shall not be less than eight feet in width.
(f)
Sidewalks shall be separated from street curbs by a planting
strip not less than five feet wide. In the neighborhood center, the
sidewalk width may be increased to 10 feet wide and include grated
tree wells and decorative paving used in lieu of planting strips.
(2)
Bicycle circulation.
(a)
Where feasible bicycle routes shall be retained and enhanced.
(b)
Facilities for bicycle travel may include off-street bicycle
paths which may be shared with pedestrians and other nonmotorized
users.
(c)
Vehicular circulation. Motor vehicle circulation shall be designed
to minimize conflicts with pedestrians and bicycles. Traffic-calming
features, such as neck downs, chicanes, traffic circles and medians,
may be used to encourage slow traffic speeds.
(3)
General guidelines for street design.
(a)
Streets shall be designed and located so as to minimize alteration
of topography, natural water bodies and areas of significant vegetation.
(b)
Streets shall accommodate safe pedestrian movement and bicycle
traffic.
(c)
Street design shall incorporate traffic-calming techniques,
as required by the Board of Supervisors.
(d)
Streets shall be designed with minimized asphalt areas so as
to limit impervious area.
(4)
Street layout.
(a)
Streets shall terminate at other streets, except local streets
that may terminate in stub streets when such streets act as connections
to future phases of this or adjacent development.
(5)
Center-line turning radii. Tight turning radii at street intersections
shorten pedestrian crossings and inhibit drivers from turning corners
at high speeds.
(6)
To allow for emergency vehicles to turn corners, a clear zone
shall be established that is free of significant obstructions.
(7)
Clear sight triangle.
(a)
Within residential areas, the minimum clear sight triangle shall
be 45 feet for intersections of access drives and streets and for
intersections of streets with streets other than existing or proposed
collector streets.
(b)
Within the neighborhood center, the minimum clear sight triangle
shall be 25 feet for intersections of access drives and streets and
for intersections of streets with streets other than existing or proposed
collector streets.
(c)
The minimum clear sight triangle shall be 100 feet for intersections
of streets with existing or proposed collector streets.
L.
Common open space. The following open space criteria shall apply:
(1)
A minimum of 30% of the gross area of the development shall
be common open space. Within this open space a portion of said space
may be peripheral open space or passive open space (which may include
utility easements and stormwater management facilities) which shall
encourage visual enjoyment for the facilities.
(2)
Open space shall be maintained by the owner of the development
in a visually pleasing manner which shall be complementary to the
design of the development and structures.
(3)
The arrangement and configuration of the open space shall relate
to the design of the flex community and shall be usable by and/or
accessible to the residents of the proposed development.
M.
Mix of use.
(1)
Within said development at least 10% of the buildable area shall
be a mix of nonresidential uses. There shall also be a residential
component within the flex community that may include a mix of uses
including single-family homes, townhouses, double units and multifamily
units, as provided in Section C above. For purposes of this section,
"buildable area" shall include parking facilities which are specifically
designated for use associated with the nonresidential uses.
(2)
Though a mixture of residential uses is permitted as set forth
above, a mixture of residential uses not required. If a mixture of
residential uses is utilized, the development shall be designed in
a manner that complements the nonresidential uses that comprise the
flex community and the layout of the development.
(3)
The residential density of the development shall be a maximum
of 18 units per gross acre. For purposes of calculating density within
a flex community, the entire flex community lot may be considered
for calculation of residential density. However, the nonresidential
requirements for mixture of uses and open space requirements must
be maintained upon buildout.
(4)
The lot requirements of this flex community shall be governed
exclusively by this section.
N.
Parking. All uses within the flex community shall be provided parking
as follows:
(1)
The amount of off-street parking required for all dwelling units
and for all churches and civic uses shall be in accordance with the
parking requirements in this chapter.
(2)
In the case of multifamily dwellings, the number of parking
spaces shall be two parking spaces per dwelling unit.
(3)
When possible, in the case of single-family dwelling units and
townhouses, parking spaces shall be provided behind the street right-of-way
and may take the form of garages, carports or driveways.
(4)
The amount of parking for all retail sales, personal service
and office uses in neighborhood centers shall be one parking space
for each 350 square feet of gross floor area. Parking shall be provided
in parking facilities or in designated on-street parking spaces within
500 feet of the neighborhood center buildings.
(5)
Off-street parking lots and spaces for single-family and two-family
residential uses shall be provided on the same lot.
(6)
Parking lots and spaces for multifamily-dwelling-unit structures
and nonresidential uses shall be readily accessible to the buildings
served. Such parking spaces shall be in the same zoning district as
the principal building or use and conform to the following requirements:
(a)
Required parking lots and parking spaces shall be located within
100 feet of the principal building or use when located on the same
side of a street.
(b)
Required parking lots and parking spaces shall be located within
300 feet of the principal building or use when linked to a defined
and constructed pedestrian walkway or sidewalk when located on the
same side of the street.
(c)
Fifty percent of the required parking spaces for a building
or use may be located across a minor arterial, collector or local
road with the following conditions:
[1]
A crosswalk shall be constructed to ensure safe
pedestrian access to and from the parking lot. The design of the crosswalk
shall consider the speed limit, sight distance, visibility road conditions,
and other safety factors. If the proposed crosswalk is deemed to be
unsafe, the cross street parking shall not be permitted as required
parking.
[2]
Safety lighting shall be provided at the crosswalk
to illuminate the cross area when the parking area is used in early
morning or at night.
[3]
A sign shall be provided on each side of the road
at a distance of 200 feet from the crosswalk to warn oncoming vehicles.
(d)
Parking lot ownership. All parking lots shall be on the same
parcel and owned under the same ownership as the principal use to
which it is accessory.
(e)
The distances set forth herein shall be measured from the nearest
point of the parking lot to the nearest point of the principal building
or use for which the parking lot is intended to serve.
(7)
Entrances, circulation, vehicle movement.
(a)
Circulation control shall be designed for one-way directional
travel whenever possible. Roads shall be uniform in width, smooth-flowing,
and provide for 90° intersections whenever possible.
(b)
Entrance and exit drives shall be a minimum of 18 feet wide
for any one-way use and a minimum of 24 feet wide for two-way use.
Fire lanes shall be provided where determined necessary by the Township.
(c)
All dead-end parking lots shall be designed to provide sufficient
backup area for the end stalls of the parking area.
(d)
Parking areas shall be designed so that each motor vehicle may
proceed to and from the parking space provided for it without requiring
the moving of any other motor vehicle.
(e)
Off-street parking areas for buildings with three or more dwelling
units shall have not more than one ingress and/or one egress from
any public street per building.
(f)
Truck parking spaces. Where truck parking is required to be
provided, the minimum width of a truck parking space shall be 12 feet
and the minimum depth shall be 60 feet. Aisle widths in truck parking
lots shall be 75 feet.
(8)
Setbacks from buildings, lot lines, buffers and street right-of-way.
(a)
All parking spaces and access drives shall be located at least
10 feet from any multiple-dwelling building, office, commercial, institutional,
industrial, and other similar nonresidential buildings located on
the lot. The ten-foot corridor thus established between the parking
area and building shall be for the purpose of providing a pedestrian-access
walkway.
(b)
All parking spaces and access drives shall be at least eight
feet from any exterior lot line, except where a buffer yard is required.
In that situation, the parking lot shall be at least two feet from
the buffer yard.
(c)
No off-street parking area shall be located within a public
right-of-way.
(9)
Separation.
(a)
Unless deemed unnecessary by the Board of Supervisors, the pedestrian
crosswalks and landscaped refuge islands to separate the parking spaces
from the exit, entrance and circulatory drives shall be provided for
and approved by the Township Engineer.
(b)
A structure or planting material shall be provided of sufficient
height and density to screen off-street parking lots from the public
street and from the ground level of adjoining residential districts.
(10)
Landscaping strips. Parking areas with more than 50 spaces shall
have landscaping strips of a minimum width of 10 feet and depth equal
to the parking stalls in order to separate the parking spaces from
the entrance and exit drives and circulatory roads.
(11)
Service traffic. Customer and service traffic shall be separated
whenever possible. Loading and unloading areas shall be located as
not to interfere with customer parking areas.
(12)
Traffic control. Entrance and exit arrangements, acceleration
and deceleration lanes, public access roads and traffic signals may
be required depending on the size of the development complex, the
anticipated traffic, and the condition of the public roads.
(13)
Parking area permitted. Parking areas shall have their entire
perimeter defined by curbs, walks, landscaping strips, or other divides
to control traffic to the parking areas.
(14)
Marking. Parking spaces shall be defined by lines painted or
so marked with a road surface tape with a minimum width of four inches.
Repainting the lines to ensure their visibility, as adjudged by the
Township Engineer, shall be the responsibility of the property owner.
O.
Lighting. Streetlighting shall be provided along all public streets
and is intended to increase both pedestrian and vehicular safety as
well as enhance the character of the flex community. More frequently
placed smaller-scale lights, as opposed to fewer, taller, high-intensity
lights, should be used. The scale of lighting fixtures and the illumination
provided must be appropriate for both pedestrian and vehicular movements.
P.
Landscape plan. The applicant shall provide a landscape plan during
land development which is prepared by a registered landscape architect
and shall provide the following:
(1)
Identification and location of existing vegetation to be retained.
(2)
The type and size of proposed vegetation.
(3)
Location and specifications of lighting proposed for all portions
of the open space.
(4)
The location of proposed street landscaping and the type, size
and location of proposed street trees.
(5)
The type, size and location of landscaping for areas to be screened.
(6)
The type, size and location of parking lot landscaping.
(7)
Development open space.
Q.
Street trees. Shade trees shall be provided and installed in accordance
with the landscape plan.
(1)
A minimum of one deciduous canopy tree per 50 feet of street
frontage, or fraction thereof, shall be planted parallel to the street
along all streets and access roads except for lanes.
(2)
Shade trees shall not be located within the street right-of-way,
unless specifically approved otherwise by the Board of Supervisors
or when located within the landscaped area of a median or in tree
wells installed in pavement in neighborhood center areas.
(3)
The type of street tree provided shall conform to the requirements set forth in Chapter 123, Subdivision and Land Development.
(4)
Street trees shall not be permitted within any required clear
sight triangle.
R.
Landscaping and screening.
(1)
Landscaping and screening shall be required for the following
areas when fronting public streets, sidewalks or trails or when abutting
residential uses:
S.
T.
Signs. A comprehensive sign program which establishes a uniform sign theme shall be required for the entire flex development. Signs shall share a common style which is compatible with the approved architectural guidelines for the flex development. See § 135-76 for sign regulations.
U.
Architectural guidelines. It is not the intent of Scott Township to dictate architectural styles. However, a set of standards shall be chosen by the applicant and adhered to consistently throughout the flex development. Standards selected shall enhance the design objectives and goals as specified by § 135-3, General purposes.
V.
Lot coverage/setbacks. The setbacks and lot coverage for a flex community shall utilize the criteria set forth in § 135-21 (which shall include setback criteria for the nonresidential portions of the development). Maximum building coverage shall be 25%.
W.
Height. The height criteria for all uses shall be 45 feet or four
stories.
X.
Land development. The developer of a flex community is encouraged
to submit a sketch plan to the Township Planning Commission for preliminary
discussion of intent. Likewise, the Board of Supervisors should provide
comment on the layout of said development during the sketch plan phase
of development in order to ensure that preliminary plans have received
input by the Township prior to submission. Nothing in this section
should be construed to require a hearing or negate the normal subdivision
review and comment procedure found within the Township's Subdivision
and Land Development Ordinance.
[Added 9-18-2019 by Ord.
No. 09-18-2019A]
A.
Permitted as an accessory structure. ASES shall be permitted as a
use by right as an accessory structure only in A-R (Agricultural-Rural)
District and I-C (Interchange Commercial) District.
B.
Compliance with industry standards. The ASES layout, design, installation,
and ongoing maintenance shall conform to applicable industry standards,
such as those of the American National Standards Institute (ANSI),
Underwriters Laboratories (UL), the American Society for Testing and
Materials (ASTM), Institute of Electrical and Electronics Engineers
(IEEE), Solar Rating and Certification Corporation (SRCC), Electrical
Testing Laboratory (ETL), Florida Solar Energy Center (FSEC) or other
similar certifying organizations, and shall comply with the PA Uniform
Construction Code, regulations adopted by the Pennsylvania Department
of Labor and Industry, and with all other applicable fire and life
safety requirements. The manufacturer specifications for the key components
of the system shall be submitted as part of the permit application.
C.
Installers. ASES installers must demonstrate they are listed as a
certified installer on the PA Department of Environmental Protection's
(DEP) approved solar installer list or that they meet the criteria
to be a DEP approved installer by meeting or exceeding one of the
following requirements:
(1)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP) for PV installation.
(2)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully
installed a minimum of three PV systems.
(3)
For residential applications, a registered home improvement
contractor with the Attorney General's Office.
D.
Maintain in good working order. Upon completion of installation,
the ASES shall be maintained in good working order in accordance with
manufacturer's standards of and any other codes under which the
ASES was constructed. Failure of the property owner to maintain the
ASES in good working order is grounds for appropriate enforcement
actions by Scott Township in accordance with all applicable ordinances.
E.
Underground requirements. All on-site utility, transmission lines,
and plumbing shall be placed underground to the extent feasible.
F.
Signage. The display of advertising is prohibited except for reasonable
identification of the manufacturer of the system.
G.
Glare.
(1)
All ASES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(2)
The applicant has the burden of proving that any glare produced
does not have a significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
H.
Solar easements. If a solar easement, intended to guarantee unobstructed
solar access, is desired by the applicant and/or property owner for
an ASES, such matter shall be carried out as a civil agreement between
or among all applicable parties. Scott Township shall not be a party
to any agreement designed to provide a solar easement, nor shall Scott
Township be responsible for ensuring the maintenance of any solar
easement.
I.
Decommissioning.
(1)
Each ASES and all solar related equipment shall be removed within
12 months of the date when the use has been discontinued or abandoned
by the system owner and/or operator, or upon termination of the useful
life of same.
(2)
The ASES shall be presumed to be discontinued or abandoned if
no electricity is generated by such solar collector for a period of
12 continuous months.
(3)
The ASES owner shall, at the request of Scott Township, provide
information concerning the amount of energy generated by the ASES
in the last 12 months.
J.
Zoning permit requirements.
(1)
A zoning permit application shall document compliance with this
section and shall be accompanied by drawings showing the location
of the system on the building or property, including property lines.
The applicant shall be required to secure all applicable building
permits required under the PA Uniform Construction Code. All permits
shall be kept on the premises where the ASES is constructed.
(2)
A new zoning permit shall be required if an ASES, whether new
or preexisting, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the ASES not to be
in conformity with this section.
(3)
The ASES must be properly maintained and be kept free from all
hazards, including but not limited to faulty wiring, loose fastenings,
being in an unsafe condition or detrimental to public health, safety
or general welfare. In the event of a violation of any of the foregoing
provisions, the Zoning Officer shall give written notice specifying
the violation to the owner of the ASES to conform or to remove the
ASES.
(4)
Prior to the issuance of a zoning permit, applicants must acknowledge
in writing that the issuing of said permit for a solar energy system
shall not and does not create in the property owner, its, his, her
or their successors and assigns in title or, create in the property
itself:
(5)
Routine maintenance or like kind replacements do not require
a permit.
K.
Roof-mounted and wall-mounted accessory solar energy systems.
(1)
Location. A roof-mounted or wall-mounted ASES may only be located
on a principal building.
(3)
Height. ASES mounted on roofs or walls of any building shall
be subject to the maximum height regulations specified for principal
and accessory buildings within the underlying zoning district.
(4)
Code compliance. For roof- and wall-mounted systems, the applicant
shall provide evidence that the plans comply with the PA Uniform Construction
Code and that the roof or wall is capable of holding the load imposed
on the structure. Applications for roof-mounted ASES shall be accompanied
by engineer stamped plans that demonstrate the structural sufficiency
of the roof to hold the weight of the ASES.
L.
Ground-mounted accessory solar energy systems.
(2)
Height. Freestanding ground-mounted ASES shall not exceed 20
feet in height above the ground elevation surrounding the systems.
(3)
Coverage.
(a)
The surface area of the arrays of a ground-mounted ASES, regardless
of the mounted angle of any solar panels, shall be considered impervious
and calculated in the lot coverage of the lot on which the system
is located. ASE shall not exceed the maximum lot coverage requirements
of the underlying zoning district.
(b)
If applicable, the applicant shall submit a stormwater management
plan that demonstrates compliance with the Scott Township stormwater
management regulations.
(4)
Screening. Ground-mounted ASES when located less than 50 feet
from a property line shall be screened from any adjacent property
that is residentially zoned or used for residential purposes. The
screen shall consist of plant materials which provide a visual screen
using two staggered rows of evergreen trees planted in along the nearest
side or rear yard boundary of ASES with the spacing distance between
trees not less than eight feet or greater than 10 feet. Said trees
shall be not less than six feet in height at the time of planting.
In lieu of a planting screen, a decorative fence meeting requirement
of the zoning ordinance may be used if along such a boundary.
(5)
Safety/warning signage. Appropriate safety/warning signage concerning
voltage shall be placed at ground mounted electrical devices, equipment,
and structures. All electrical control devices associated with the
ASES shall be locked to prevent unauthorized access or entry.
(6)
Location restrictions. Ground-mounted ASES shall not be placed
within any legal easement or right-of-way location, or be placed within
any stormwater conveyance system or in any other manner that would
alter or impede stormwater runoff from collecting in a constructed
stormwater conveyance system.
[Added 9-18-2019 by Ord.
No. 09-18-2019A]
A.
Permitted as a conditional use. A PSES shall be permitted as a conditional
use in the A-R (Agricultural-Rural) District.
B.
Compliance with industry standards. The PSES layout, design and installation
shall conform to applicable industry standards, such as those of the
American National Standards Institute (ANSI), Underwriters Laboratories
(UL), the American Society for Testing and Materials (ASTM), Institute
of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification
Corporation (SRCC), Electrical Testing Laboratory (ETL), Florida Solar
Energy Center (FSEC) or other similar certifying organizations, and
shall comply with the PA Uniform Construction Code, regulations adopted
by the Pennsylvania Department of Labor and Industry, and with all
other applicable fire and life safety requirements. The manufacturer
specifications for the key components of the system shall be submitted
as part of the permit application.
C.
Installers. PSES installers must demonstrate they are listed as a
certified installer on the PA Department of Environmental Protection's
(DEP) approved solar installer list or that they meet the criteria
to be a DEP approved installer by meeting or exceeding one of the
following requirements:
(1)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP), for solar thermal installation.
(2)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited solar thermal
training program or a solar collector's manufacturer's training
program and successfully installed a minimum of three solar thermal
systems.
D.
Maintain in good working order. Upon completion of installation,
the PSES shall be maintained in good working order in accordance with
manufacturer's standards of and any other codes under which the
PSES was constructed. Failure of the owner to maintain the PSES in
good working order is grounds for appropriate enforcement actions
by Scott Township in accordance with applicable ordinances.
E.
Underground requirements. All on-site transmission and plumbing lines
shall be placed underground to the extent feasible.
F.
Utility notification. The owner of a PSES shall provide Scott Township
with written confirmation that the public utility company to which
the PSES will be connected has been informed of the customer's
intent to install a grid connected system and approved of such connection.
G.
Signage. No portion of the PSES shall contain or be used to display
advertising. The manufacturer's name and equipment information
or indication of ownership shall be allowed on any equipment of the
PSES provided they comply with the prevailing sign regulations.
H.
Glare.
(1)
All PSES shall be placed such that concentrated solar radiation
or glare does not project onto nearby structures or roadways.
(2)
The applicant has the burden of proving that any glare produced
does not have a significant adverse impact on neighboring or adjacent
uses either through siting or mitigation.
I.
Noise study. A noise study shall be performed and included in the
zoning/building permit application. The noise study shall be performed
by an independent noise study expert and paid for by the applicant.
Noise from a PSES shall not exceed 50dBA, as measured at the property
line.
J.
Tree and landscaping removal. No trees or other landscaping otherwise
required by the Township ordinances or attached as a condition of
approval of any plan, application, or permit may be removed for the
installation or operation of a PSES.
K.
Contact information. The PSES owner and/or operator shall provide
current contact information to the Township which includes at minimum
a phone number and identifies a responsible person for the Township
or public to contact regarding emergencies, inquiries and complaints
throughout the life of the project. The PSES owner and/or operator
shall be the Board of Supervisors a written plan outlining procedures
on how complaints will be addressed. For the life of the project,
the current contact information shall be conspicuously posted upon
locations throughout the property.
L.
Solar easements. Where a subdivision or land development proposes
a PSES, solar easements may be provided. If a solar easement, intended
to guarantee unobstructed solar access, is desired by the applicant
and/or property owner for an ASES, such matter shall be carried out
as a civil agreement between or among all applicable parties. Scott
Township shall not be a party to any agreement designed to provide
a solar easement, nor shall Scott Township be responsible for ensuring
the maintenance of any solar easement. Said easements shall be in
writing, and shall be subject to the same conveyance and instrument
recording requirements as other easements. Any such easements shall
be appurtenant; shall run with the land benefited and burdened; and
shall be defined and limited by conditions stated in the instrument
of conveyance.
M.
Decommissioning.
(1)
The PSES owner is required to notify Scott Township immediately
upon cessation or abandonment of the operation. The PSES shall be
presumed to be discontinued or abandoned if no electricity is generated
by such system for a period of 12 continuous months.
(2)
The PSES owner shall then have 12 months in which to dismantle
and remove the PSES, including all solar related equipment or appurtenances
related thereto, including but not limited to buildings, cabling,
electrical components, roads, foundations and other associated facilities
from the property. The owner shall also restore the land to its original
condition, including forestry plantings of the same type/variety and
density as the original. If the owner fails to dismantle and/or remove
the PSES and restore the land within the established time frames,
Scott Township may complete the decommissioning and land restoration
at the owner's expense.
(3)
At the time of issuance of the permit for the construction of
the PSES, the owner shall provide financial security in the form and
amount acceptable to Scott Township to secure the expense of dismantling
and removing said PSES and restoration of the land to its original
condition, including forestry plantings of the same type/variety and
density as the original.
N.
Permit requirements.
(1)
A zoning permit application shall document compliance with this
section and shall be accompanied by drawings showing the location
of the PSES on the property, including property lines. Permits shall
be kept on the premises where the PSES is constructed.
(2)
PSES shall comply with Scott Township zoning and subdivision
and land development requirements. The installation of PSES shall
be in compliance with all applicable permit requirements, codes, and
regulations.
(3)
The PSES owner and/or operator shall repair, maintain and replace
the PSES and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
PSES in good repair and operating condition.
(4)
Prior to the issuance of a zoning permit, PSES applicants must
acknowledge in writing that the issuing of said permit shall not and
does not create in the property owner, its, his, her or their successors
and assigns in title or, create in the property itself:
(5)
Routine maintenance or like-kind replacements do not require
a permit.
O.
Ground-mounted principal solar systems. Ground-mounted PSES are prohibited
in front yards.
(1)
Lot size. A PSES shall require a lot size of not less than 10
acres.
(2)
Setbacks. A PSES shall be a setback distance of not less than
100 feet to any property line.
(3)
Height. Ground-mounted PSES shall not exceed 20 feet in height.
(4)
Lot coverage. The surface area of the arrays of a ground mounted
PSES, regardless of the mounted angle of any solar panels, shall be
considered impervious and calculated in the lot coverage of the lot
on which the system is located. The PSES shall not exceed the maximum
lot coverage requirements of the underlying zoning district.
(5)
The applicant shall submit a stormwater management plan that
demonstrates compliance with the Scott Township stormwater management
regulations.
(6)
PSES owners are encouraged to use low maintenance and low growing
vegetative surfaces under the system as a best management practice
for stormwater management.
[Added 9-18-2019 by Ord.
No. 09-18-2019B]
A noncommercial windmill shall be deemed to be an accessory
structure permitted in all zoning districts subject to compliance
with regulations contained within this section.
A.
Design and installation.
(1)
Design safety certification. The design of a noncommercial 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, or other similar certifying organizations.
(2)
All components of a noncommercial windmill shall be designed
and constructed to be in compliance with pertinent provisions of the
Pennsylvania Uniform Construction Code.
(3)
Controls and brakes. A noncommercial windmill shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
(4)
Rotor blades. The minimum distance between the ground and any
part of the rotor blade system shall be 30 feet.
(5)
Electrical components.
(a)
All components of a noncommercial windmill shall conform to
the all applicable requirements of the Pennsylvania Uniform Construction
Code and shall conform and be maintained in compliance with all federal,
state and local requirements.
(b)
The applicant shall demonstrate a noncommercial windmill shall
not cause disruption or loss of radio, telephone, television or similar
signals, and shall be required to mitigate any harm caused by the
operation of the system.
(c)
At least one sign shall be posted on the tower at a height of
five feet warning of electrical shock or high voltage and harm from
revolving machinery. No brand names, logo or advertising shall be
placed or painted on the tower, rotor, or generator where it would
be visible from the ground, except that a system or tower's manufacturer's
logo may be displayed on a system generator housing in an unobtrusive
manner.
B.
Visual appearance.
(1)
Exterior lighting on any structure associated with the system
shall not be allowed except that which is specifically required by
the Federal Aviation Administration.
(2)
A noncommercial windmill's tower and blades shall be painted
in a nonreflective, light gray or light blue hue, which blends with
sky and clouds.
(3)
A noncommercial windmill shall be designed and located in such
a manner to minimize adverse visual impacts from public viewing areas
(e.g., public parks, roads, trails). To the greatest extent feasible,
the system:
C.
Lot size, setback and height requirements:
(1)
A noncommercial windmill shall not exceed a maximum height of
80 feet and shall be located on a lot with a minimum size of not less
than seven acres.
(2)
Setback requirements. A noncommercial windmill shall not be
located closer to a property line than 2.5 times the wind turbine
height as measured from the center point of the base of the tower.
(3)
A minimum of size of not less than seven acres shall be required
for placement/erection of a noncommercial windmill upon a property.
The number of noncommercial windmills permissible per lot shall be
as follows:
|
Lot Size
(acres)
|
Number
|
|---|---|
|
7 to 10
|
1
|
|
11 to 14
|
2
|
|
15 to 19
|
3
|
|
20 or more
|
4
|
D.
E.
Noise and shadow flicker.
(1)
Audible sound from a noncommercial windmill shall not exceed
50 dBA, measured at all points of the site's property line. Methods
for measuring and reporting acoustic emissions from wind turbines
and the wind energy facility shall be equal to or exceed the minimum
standards for precision described in AWEA Standard 2.1 - 1989 titled
"Procedures for the Measurement and Reporting of Acoustic Emissions
from wind turbine Generation Systems Volume I: First Tier."
(2)
Reasonable efforts shall be made to preclude shadow flicker
to any off-site building not owned by the applicant. The applicant
shall provide an assessment of potential buildings that could be affected.
F.
Abandonment. A noncommercial windmill which is not used for 12 successive
months shall be deemed abandoned and shall be dismantled and removed
from the property at the expense of the property owner.
[Added 9-18-2019 by Ord.
No. 09-18-2019B]
Commercial wind energy facilities may be permitted only in those
zoning districts and as specified in the district regulations, Part
3. Applications for such uses shall also be subject to the requirements
set forth below, as well as all other applicable state or federal
regulations:
A.
Purpose and applicability. The purpose of these regulations is to
provide for the construction and operation, and decommissioning of
commercial wind energy facilities in Scott Township, subject to reasonable
conditions that will protect the public health, safety and welfare.
The regulations are intended to apply to all new wind energy facilities
to be constructed after the effective date of this chapter. Wind energy
facilities constructed prior to the effective date of this chapter
shall not be required to meet the requirements of this chapter; provided,
however, that any physical modification to an existing wind energy
facility that materially alters the size, type and number of wind
turbines or other equipment shall comply with the stated provisions
of this section.
B.
Application and plan requirements. Applications for wind energy facilities
shall at a minimum include the following information:
(1)
A narrative describing the proposed wind energy facility, including
an overview of the project; the project location; the approximate
generating capacity of the facility; the approximate number, representative
types and height or range of heights of wind turbines to be constructed,
including their generating capacity, dimensions and respective manufacturers,
and a description of ancillary facilities.
(2)
An affidavit or similar evidence of agreement between the property
owner and the facility owner or operator demonstrating that the facility
owner or operator has the permission of the property owner to apply
for necessary permits for construction and operation of the facility.
(3)
Identification of the properties on which the proposed wind
energy facility will be located, and the properties adjacent to the
site of the facility.
(4)
A site plan, sealed by a professional land surveyor, at a scale
not greater than one inch, 100 feet showing the planned location of
each wind turbine, property lines, setback lines, access road and
turnout locations, substations, electrical cabling from the facility
to the substations, ancillary equipment, buildings and structures,
including permanent meteorological towers, associated transmission
lines, and layout of all structures within the geographical boundaries
of all applicable setbacks.
(5)
A survey drawing at an appropriate and legible scale showing
the proposed location of the wind energy facility (including access
roads) as it relates to the boundaries of the parcel, adjacent ownerships
and existing residences, schools, churches, hospitals, libraries,
federal, state, county or local parks, and recognized historic or
heritage sites within a distance of 2,000 feet or less from any property
boundary.
(6)
As applicable, copies of all proposed leases required to be
secured by the applicant, shall be provided, if the applicant is not
the sole owner of the parcel or parcels on which the wind energy facility
is proposed to be constructed. Boundaries of said leases shall be
clearly illustrated upon the site plan.
(7)
Documents related to decommissioning, including a schedule for
such process and financial security.
(8)
Other relevant studies, reports, certifications and approvals
as may be reasonably required by Scott Township to ensure compliance
with this section.
C.
Design and installation.
(1)
Safety certifications. The design of the facility shall conform
to all 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, Dot Norske Veritas, Germanishcer Lloyd
Wind Energies, or other similar certifying organizations.
(2)
Uniform Construction Code. To the extent applicable, the wind
energy facility shall comply with the Pennsylvania Uniform Construction
Code, Act 45 of 1999, as amended, and the regulations adopted by the
Pennsylvania Department of Labor and Industry.
(3)
The owner of a wind energy facility shall have all components
of the facility inspected in compliance with the established standards
of the manufacturer, with each inspection not to exceed a twelve-month
period, for structural and operational integrity by a licensed professional
engineer, and shall submit a copy of the inspection report to the
Township.
(4)
Standard scaled drawings of proposed wind turbine structures,
including maximum height, the tower, base and footings.
(5)
Control and brakes. All wind energy facilities shall be equipped
with a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Stall regulation shall not be considered a sufficient braking
system for overspeed protection.
(6)
Electrical components. All electrical components of the wind
energy facility shall conform to relevant and applicable local, state
and national codes, and relevant and applicable international standards.
(7)
Visual appearance and power lines.
(a)
Wind energy facilities shall be a nonobtrusive color such as
white, off-white or gray.
(b)
Wind energy facilities shall not be artificially lighted, except
to the extent required by the Federal Aviation Administration or other
applicable authority that regulates air safety.
(c)
Wind energy facilities shall be designed and located to minimize
adverse visual impacts from neighboring areas to the greatest extent
feasible. The applicant shall provide three-dimensional graphic information
that accurately portrays the visual impact of proposed wind energy
facilities from various vantage points selected by the Board of Supervisors.
This graphic information shall provide wind energy facilities superimposed,
upon selected vantage points The Board of Supervisors shall also require
the applicant to conduct a balloon test to confirm the visual impact.
(d)
Wind turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, facility owner and operator.
(e)
On-site transmission and power lines between wind turbines shall,
to the maximum extent practicable, be placed underground.
(f)
Wind energy facilities shall provide evidence of a signed interconnection
agreement, or letter of intent, with the interconnecting utility company.
(8)
Warnings. A clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers and substations.
Visible, reflective, colored objects, such as flags, reflectors, or
tape shall be placed on the anchor points of guy wires and along the
guy wires up to a height of 10 feet from the ground.
(9)
Climb protection/locks. Wind turbines shall not be climbable
up to 15 feet above ground surface. All access doors to wind turbines
and electrical equipment shall be locked or fenced, as appropriate,
to prevent entry by nonauthorized persons.
D.
Lot size requirements. In order for a tract(s) of land to be eligible
for a wind energy facility, it shall have a minimum lot size derived
as follows: (six acres x number of wind turbines) + 18 acres = minimum
lot size.
E.
Maximum height requirements. The maximum wind turbine height, as
so defined in this section, shall not exceed 400 feet.
F.
Setback requirements.
(1)
A wind turbine shall be set back from the nearest occupied building
or nonoccupied building on the participating landowner's property
a distance not less than 1.5, or times the wind turbine height. The
setback distance shall be measured from the center of the wind turbine
base to the nearest point on the foundation of the occupied building
or nonoccupied building.
(2)
A wind turbine shall be set back from the nearest occupied building
or nonoccupied building located on a non-participating landowner's
property a distance of not less than five times the wind turbine height,
as measured from the center of the wind turbine base to the nearest
point on the foundation of the occupied or nonoccupied building.
(3)
A wind turbine shall be set back from the nearest property line
a distance of not less than two, times the wind turbine height. The
setback distance shall be measured to the center of the wind turbine
base.
(4)
A wind turbine shall be set back from the nearest public road
a distance not less two than times the wind turbine height as measured
from the right-of-way line of the nearest public road to the center
of the wind turbine base.
(5)
A wind turbine shall be set back from aboveground power lines,
public telephone lines and television cable lines a distance no less
than two times the wind turbine height. The setback distance shall
be measured from the center of the wind turbine base to the nearest
point on such lines.
(6)
A wind turbine shall be set back at least 2,000 feet from important
bird areas, as identified by Pennsylvania Audubon and at least 2,000
feet from identified wetlands.
G.
Nuisance issues:
(1)
All wind turbines shall be located so that the level of noise
produced by wind turbine operation shall not exceed 50 dBA, measured
at all points of the site's property line. Methods for measuring
and reporting acoustic emissions from wind turbines and the wind energy
facility shall be equal to or exceed the minimum standards for precision
described in AWEA Standard 2.1 - 1989 titled "Procedures for the Measurement
and Reporting of Acoustic Emissions from Wind Turbine Generation Systems
Volume I: First Tier."
(2)
The applicant shall document that the radio, television, telephone
or reception of similar signals from nearby properties will not be
disturbed or diminished by the installation of any wind turbine.
(3)
No vibration associated with the operation of a wind turbine
shall be permitted which is detectable without instruments at or beyond
the property line; and no use shall generate any vibration which is
capable of causing damage to buildings, structures, equipment alignment,
or structural soundness.
(4)
A wind turbine shall not cause shadow flicker on any occupied
building on a nonparticipating landowner's property. The facility
owner and operator shall conduct, at the applicant's expense
a modeling study demonstrating that shadow flicker shall not occur
on any occupied building on a nonparticipating property.
(5)
The facility owner and operator shall provide current contact
information to the Township which includes at minimum a phone number
and identifies a responsible person for the Township or public to
contact regarding emergencies, inquiries and complaints throughout
the life of the project. The applicant shall provide the Board of
Supervisors a written plan outlining procedures on how complaints
about noise, communications interference and vibration and/or other
issues will be addressed. For the life of the project, the current
contact information shall be conspicuously posted upon locations throughout
the property and upon the bases of all wind turbines.
H.
Use of public roads.
(1)
The applicant shall identify all local public roads to be used
within Scott Township to transport equipment and parts for construction,
operation or maintenance of the wind energy facility.
(2)
The applicant shall hire a licensed professional engineer to
document the condition of Township roads prior to the start of construction
or development activities upon the property. Said documentation shall
include photographs and video recordings of all approved travel routes
to substantiate the report. The applicant shall ensure that the Township
Road Master is present when photographs and video tapes are taken.
Copies of the inspection report, photographs, and video tapes shall
be submitted to the Township. The applicant's engineer shall
document the road conditions again within 30 days from the completion
of construction or as weather permits, as determined by the Board
of Supervisors. Completion of construction shall be deemed to be the
date on which final land development approval is granted by the Board
of Supervisors.
(3)
A bond shall be posted by the applicant to compensate the Township
for any damage to Township roads in compliance with state regulations.
(All street and bridge weight limits set forth in Part 3 of Chapter
15 of Ord. 1999-01, the Code of Ordinances of Scott Township, adopted
January 21, 1999, or as may hereafter be amended, shall be observed
for wind energy facilities.)
(4)
The applicant is responsible for all repairs and remediation
of any damaged roads resulting from the installation or subsequent
maintenance of a wind energy facility. Such repairs and remediation
shall be completed with 30 days from the time of damage unless a greater
amount of time is approved by the Board of Supervisors.
I.
Local emergency services. The applicant shall provide a copy of the
project summary and site plan to local emergency services providers,
including paid and volunteer fire departments. At the request of such
emergency services providers, the applicant shall cooperate in the
development and implementation of an emergency response plan for the
wind energy facility.
J.
Liability insurance. A current general liability policy (adjusted
annually to the rate of inflation) covering bodily injury and property
damage with limits of at least $1,000,000 per occurrence and not less
than $3,000,000 in the aggregate shall be maintained by the facility
owner or operator. Certificates of insurance shall be provided to
the Township as a part of the applicant's application.
K.
Decommissioning.
(1)
The facility owner or operator of a commercial wind energy facility
and/or the owner or operator of a noncommercial windmill shall, at
his expense, complete decommissioning of the wind energy facility,
or individual wind turbines, within 12 months after the end of the
useful life of the facility or wind turbines. Such facility or wind
turbines shall be presumed to be at the end of its useful life if
no electricity is generated for a continuous period of 12 months.
(2)
Decommissioning shall include removal of wind turbines, buildings,
cabling, electrical components, roads, foundations to a depth of 36
inches, and any other associated facilities.
(3)
Disturbed earth shall be graded and reseeded, unless the landowner,
leasing land for a wind energy facility, requests in writing that
the access roads or other land surface areas not be restored.
(4)
An independent and certified professional engineer shall be
retained to estimate the cost of decommissioning without regard to
salvage value of the equipment. Said estimates shall be submitted
to Scott Township after the first year of operation and every fifth
year thereafter.
(5)
The facility owner or operator of a commercial wind energy facility
shall post and maintain decommissioning funds in an amount equal to
the identified decommissioning cost. The decommissioning funds shall
be posted and maintained with a bonding company or federal or commonwealth
chartered lending institution chosen by the facility owner or operator
of a commercial wind energy facility posting the financial security,
provided that the bonding company or lending institution is authorized
to conduct business within the commonwealth and is approved by Scott
Township.
(6)
Decommissioning funds may be in the form of a performance bond,
surety bond, letter of credit, corporate guarantee or other form of
financial assurance as may be acceptable to Scott Township.
(7)
If the facility owner or operator of a commercial wind energy facility fails to complete decommissioning within the periods described by Subsection K(1) then Scott Township shall take such measures as necessary to complete decommissioning.
(8)
The escrow agent shall release the decommissioning funds when
the facility owner or operator of a commercial wind energy facility
has demonstrated and the Township concurs that decommissioning has
been satisfactorily completed, or upon written approval of the Township
in order to implement the decommissioning plan.
