A.
Any use not permitted by this chapter shall be deemed
to be prohibited. Any list of prohibited uses contained in any section
of this chapter shall not be deemed to be an exhaustive list but has
been included for the purposes of clarity and emphasis, and to illustrate,
by example, some of the uses frequently proposed that are deemed undesirable
and incompatible and thus prohibited.
B.
Uses not provided for. In any district established
by this chapter, when a specific use is neither permitted nor prohibited,
the Board of Supervisors, upon recommendation of the Planning Committee,
shall make a determination as to the similarity or compatibility of
the use in question to the permitted uses in the district. No building
or use permit shall be issued by the Zoning Officer for any unspecified
use until this determination has been made by the Board of Supervisors.
A fee shall be charged for any application under this section.
[Amended 12-16-2019 by Ord. No. 271]
C.
Neighborhood outdoor recreation areas (other than
municipal). Where permitted conditionally, shall comply with the following
criteria:
(1)
Such use shall not be primarily for gain or profit.
(2)
The facility shall be designed to serve only the neighborhood.
(3)
Parking shall be provided in accordance with the provisions of Article VI, Off-Street Parking, of this chapter.
(4)
Club rooms or buildings shall be permitted only when
incidental and accessory to the permitted recreation use.
(5)
A buffer yard of 30 feet in width shall be provided
along all property lines adjacent to residential uses. This buffer
yard shall be in addition to required yard setbacks and shall have
no structures, play equipment, or other such material placed in it.
(6)
Plans shall be submitted for the review by the Planning
Committee and approval by the Board of Supervisors.
[Amended 12-16-2019 by Ord. No. 271]
E.
Swimming pools. Private swimming pools not in conjunction with other
recreational uses shall be a permitted accessory use in any district,
provided that:
[Amended 1-17-2011 by Ord. No. 231]
(1)
A land use permit shall be required for the installation or construction
of an outdoor aboveground or below-ground swimming pool on or not
on the lot as the principal use.
(2)
The pool is to be used solely by the occupants of the principal use
of the lot on which it is located, and their occasional guests.
(3)
The pool shall not be located within 15 feet of any rear or side
lot lines or 30 feet of any street right-of-way line. Decks and other
accessories for pools must comply with the yard setbacks for the districts
in which they are located.
(4)
Swimming pools also require a building permit from Commonwealth Code
Inspection Service, and must comply with current PA-UCC regulations.
F.
Grading of land, erosion and sedimentation control.
(1)
Any earthmoving activity preparatory to construction
or expansion of a building or use for which a land use permit is issued
must comply with the soil, erosion and sedimentation requirements
and stormwater management requirements of the approved plot plan or
land development plan.
(2)
Earthmoving activities which are not preparatory to
the construction or expansion of a building for which a land use permit
has been issued must submit a soil erosion and sedimentation control
plan and a stormwater management plan to the Township for approval
if the earthmoving activity involves a disturbance of more than 10,000
square feet. The soil erosion control plan and stormwater management
plan shall be reviewed and approved by the Township staff and the
Township Engineer. The applicant(s) shall be responsible for any and
all engineering review fees.
[Amended 11-6-2006 by Ord. No. 203]
(3)
For earthmoving activities not covered above, appropriate
sediment and erosion control procedures shall be followed for all
earthmoving activities regardless of their size.
(4)
In areas under construction, owner of any property
upon which said construction activity is occurring shall be responsible
for removal of mud/debris on the roadways from trucks or other vehicles
accessing the lot. The owner is responsible regardless of whether
the mud/debris were placed on the road by a vehicle delivering material
to the site, construction vehicles working at the site or other vehicles
going to and from the site. The owner shall immediately clean up the
mud and/or debris from the roadway. Failure to remove such mud/debris
from the roadway immediately after a verbal or written notification
by the Township of the need for such action shall result in the Township
taking action to remove the mud and/or debris and invoicing the owner
of the property for this cleanup.
[Amended 11-6-2006 by Ord. No. 203]
(5)
Prior to or at the same time as earthmoving activities occur as per Subsection F(1), (2), or (3), that abut a public street, a silt fence shall be installed along the entire front property line, except at the construction entrance location. The Township shall be notified when the silt fence is installed and shall approve the installation or suggest correction within 24 hours of notification of said installation. This silt fence shall be maintained at all times. Failure to maintain or clean debris from the silt fence in a reasonable time after a storm event or immediately after notification either verbally or in writing from the Township shall result in the Township taking action to maintain the silt fence and invoicing the owner of the property for this maintenance. A land use occupancy permit shall not be issued for any building site found in violation of this section until the violation is corrected.
[Added 11-6-2006 by Ord. No. 203]
(6)
It shall be the responsibility of the individual,
developer, excavator, construction company, or owner to review and
follow the requirements of the approved soil erosion and sedimentation
control plan prior to starting construction. Failure to have knowledge
of the plan shall not be a defense against enforcement of the plan
or avoiding the violation provision of this chapter.
[Added 11-6-2006 by Ord. No. 203]
G.
Public utility facilities. Public utility facilities
shall be conditionally permitted in any district without regard to
the use and area regulations; provided, however, that buildings or
structures erected for these utilities shall be subject to the following
regulations:
(1)
Front, side and rear yards shall be provided in accordance
with the regulations of the district in which the facility is located.
(2)
Height shall be as required by the district regulations.
(3)
Unhoused equipment shall be enclosed with a chain
link fence six feet in height, topped with barbed wire.
(4)
Housed equipment. When the equipment is totally enclosed
within a building, no fence or screen planting shall be required and
the yard shall be maintained in conformity with the district in which
the facility is located.
(5)
Screen planting in residential districts. The required
fence for unhoused equipment shall be surrounded by an evergreen planting
producing an effective visual barrier 10 feet in height within five
years of planting.
(6)
The external design of the building shall be compatible
with the buildings in the district.
(7)
Access for unhoused equipment. Where vehicular access
is across the front yard, the gate shall be constructed of materials
having not less than 50% solid in ratio to open space. In residential
districts, the permitted public facility shall not include the storage
of vehicles or equipment used in the maintenance of any utility and
no equipment causing undue and unusual noise, vibration, smoke, odor,
or hazardous effect shall be installed.
(8)
Plans of the facility shall be submitted for review
by the Planning Committee and approval by the Board of Supervisors.
[Amended 12-16-2019 by Ord. No. 271]
H.
No-impact
home-based businesses shall be permitted in all residential zones
of the Township as a use permitted by right, except that such permission
shall not supersede any deed restriction, covenant or agreement restricting
the use of land nor any master deed, bylaw or other document applicable
to a common interest ownership community.
[Added 11-16-2009 by Ord. No. 224]
I.
Yard sales, estate sales, garage sales, rummage sales and other sales
of personal property shall be permitted in all zoning districts except
that sales in the R-1, R-2, and R-3 zoning districts shall follow
the following standards:
[Added 1-17-2011 by Ord. No. 231]
(1)
Sales shall occur no more than four times in a twelve-month period
and for no more than two consecutive days at a time.
(2)
Working sale hours shall be set from 7:00 a.m. to 6:00 p.m. All equipment
shall be stored out of sight before and after these hours.
(3)
The items offered for sale shall consist only of items owned by a
person who occupies the property as his/her residence or by friends
and/or family of the resident.
J.
Grass shall not exceed a height of 12 inches in R-1, R-2, or R-3
Zoning Districts unless the grass is part of an agricultural operation.
[Added 12-19-2016 by Ord.
No. 262]
A.
Height regulations shall not apply to any of the following,
provided the use is not for human occupancy; spires, belfries, cupolas,
domes, chimneys, ventilators, skylights, water tanks, utility poles
or towers, silos, and ornamental or necessary mechanical appurtenances.
B.
In all residential zones, accessory buildings shall
not exceed 25 feet in height.
A.
On a lot held in single and separate ownership at
the effective date of this chapter, which does not fulfill the regulations
for the minimum lot area and width for the district in which it is
located, a building may be erected or altered, upon issuance of a
land use permit by the zoning officer, provided all other district
regulations are met.
B.
The area, width, and depth of lots shall provide adequate
open space for off-street loading, unloading, and/or parking space,
and yards. In all cases where public sewers are not available, the
lot areas shall be sufficient size to provide open areas, exclusive
of parking area or other paved areas for a septic tank and tile field.
Yards shall be provided in accordance with the
provisions set forth herein and shall be planted with grass seed,
sod, ground cover or other vegetative covering, excepting in cases
where walks, access drives, off-street parking lots, patios, or other
types of surfaces are permitted by this chapter.
A.
Setbacks. Where the street or private road upon which
the lot abuts is less than 50 feet in width, the front yard depth
and the width of the side yard abutting the street or private road
shall be measured from a line parallel to and 25 feet from the center
line of the street or private road.
B.
Adjustments to meet existing setbacks in front yards.
(1)
When an unimproved lot is situated between two improved
lots, each having a principal building which extends into the required
front yard and has been so maintained since the effective date of
this chapter, the front yard of such unimproved lot may be the same
depth or greater of the front yards of such two adjacent improved
lots, notwithstanding the yard requirements of the district in which
it is located.
(2)
Where an unimproved lot adjoins only one improved
lot having thereon a principal building, within 100 feet of the common
side lot line, which extends into the required front yard of such
improved lot and which extension existed at the effective date of
this chapter, the front yard depth of such unimproved lot may be the
average depth of the front yard of such adjacent improved lot and
the front yard required for the district in which such unimproved
lot is located, notwithstanding the yard requirements for such district.
However, the second unimproved lot from the original improved lot
must have at least the minimum front yard depth required in the district.
C.
Side yards for corner lots. On a corner lot, the side
yard abutting the street shall have a width equal to the depth of
the front yard required in the district.
D.
E.
See each zoning district for the required buffer yard
requirements in that district.
[Amended 11-6-2006 by Ord. No. 204]
F.
Screen planting. Where screen plantings are required
and are not specifically described under the terms of this chapter,
they shall consist of trees, shrubs, and other plant materials arranged
in a manner to serve as a barrier to visibility, airborne particles,
glare, and noise. The screen planting shall be in accordance with
the following requirements:
(1)
Plant material used in the screen planting shall be
comprised of not less than 50% evergreen material and shall be not
less than four feet in height.
(2)
The screen planting shall be permanently maintained
by property owner.
(3)
The screen planting shall be placed that at maturity
it will not be closer than three feet from any street or property
line.
(4)
A clear-sight triangle shall be maintained at all
street intersections and at all points where access drives intersect
public streets.
(5)
The screen planting may be broken at points of vehicular
or pedestrian access and at other points where a barrier is not necessary.
(6)
Prior to the issuance of a land use permit, complete
plans showing the arrangement of all buffer yards and the placement,
species, and size of all plant materials to be placed in such buffer
yard shall be approved by the zoning officer.
G.
Projection in yards.
(1)
Cornices, eaves, gutters, bay windows and chimneys
may project into the front, side, or rear yard of a lot not more than
24 inches.
(2)
Covered porches, whether enclosed or unenclosed, shall
be considered as part of the main building and shall not project into
any yard.
(3)
Driveways, walks, parking areas, stairs, and window
wells and such other structures customarily incidental to the main
building may project into front, side, or rear yards of a lot, providing
the grade elevation shall not be more than 12 inches above the yard
grade.
(4)
Uncovered steps and entrance canopies not greater
than five feet in depth and six feet in width may project into any
required yard. Handicapped ramps may project into yards as required
to maintain proper grade.
(5)
Items not specifically permitted in the above subsections
are not permitted to be constructed in such a manner that they project
into yards in any district.
H.
Obstructions to vision. No obstructions to vision
installed after the effective date of this chapter exceeding 30 inches
in height above street level shall be erected or maintained within
a fifty-five-foot clear sight triangle formed by the center line of
intersecting streets.
The area, width, or depth of any lot shall not
be reduced by subdivision, sale, or development, so that the lot width,
lot area, lot area per dwelling unit, courts, and yards, or other
open spaces are smaller, or so that the coverage is greater than prescribed
herein.
All methods and plans for the on-lot disposal
of sewage or wastes shall be designed in accordance with Act 537 (Pennsylvania
Sewage Facilities Act)[1] and with all applicable regulations or ordinances pertaining
to the treatment and disposal of sewage and wastes. A sewage permit
shall be a prerequisite to the issuance of a land use permit.
[1]
Editor's Note: See 35 P.S. § 750.1 et. seq.
In any district within the municipality, existing
agricultural and farming operations shall be considered as a permitted
use.
No land or building in any district in the Township
shall be used or occupied in such a manner so as to create any dangerous
or objectionable elements in such amount as to adversely affect the
surrounding area or premises. All uses of land or building shall initially
and continuously comply with all applicable performance standards
established by federal and state agencies. Performance standard determination
shall be administered in accordance with applicable sections of this
chapter.
No truck-tractor, semi-trailer, or any vehicle
with more than two axles shall be parked or stored in any R-1, R-2
or R-3 District, either on the public road or on private property.
The terms "truck-tractor," "semi-trailer" and "vehicle" shall have
the definitions provided for under the Vehicle Code, 1976, P.L. 162,
No. 81, § 1, 75 Pa.C.S.A. § 101 et seq. This section
shall not be applicable to motor homes. Additionally, no construction
equipment shall be stored or parked on any public road or private
property in the R-1, R-2, or R-3 Districts except when being used
in connection with active construction.
[Amended 12-19-2016 by Ord. No. 262]
A.
Motor homes, trailers, boats, or other recreational
vehicles may be stored but not occupied in any district.
B.
Where a land use permit has been issued for the construction
or alteration of a building, a temporary permit may be issued for
a period not to exceed six months for occupancy of one motor home
by the lot owner. Said temporary permit may be extended monthly up
to a maximum of six months if it can be shown that justifiable circumstances
require such extensions. Said motor home must be situated upon the
lot for which the land use permit has been issued, provided all yard
setback requirements are met and unit has access to sewage disposal.
[Amended 12-21-2020 by Ord. No. 280]
C.
The residential storage of dismantled, nonoperable
or nonlicensed or noninspected motor vehicles shall not occur within
any front yard or side yard or within 10 feet of any property line
in any district. In the R-1, R-2 and R-3 Districts, no more than one
such vehicle shall be stored openly on any lot. In the F-C and A districts,
no more than three such vehicles shall be stored openly on any lot.
D.
Manufactured homes, motor homes, and trailers may
not be used as accessory buildings (i.e., storage buildings, workshops,
etc.) in any district. Manufactured homes shall be used as dwelling
units or otherwise removed from the property.
[Amended 12-21-2020 by Ord. No. 280]
E.
Vehicles, such as truck trailers, vans, trucks, shall
not be used for the storage of items in any district except the C
and I Districts and on a temporary basis on active building sites
in any district. Such vehicles may remain on a lot up to 30 days while
being loaded or unloaded.
F.
Outdoor stockpiling or storage. In all residential districts (R-1,
R-2 and R-3), the following regulations are applicable:
(1)
The storage or stockpiling of tires, tire rims, wheels, metal products,
scrap wood of any kind (other than firewood), iron, steel, brass,
copper, tin, lead, other base materials, cordage, ropes, rags, fibers,
wire, fabrics, rubber, vinyl, plastic or other synthetics, bottles,
glass, wastepaper, cardboard, or other waste or discarded materials
is prohibited unless stored in a shed, barn, garage or other building(s).
Firewood is to be neatly stacked in the back or side yards of the
primary structure.
(2)
The storage or stockpiling of all construction, commercial, industrial
and farm equipment, devices and attachments for such items is prohibited
unless said items are stored in a shed, barn, garage or other building(s)
or enclosed by a fence or evergreen barrier in such a manner that
the items are unable to be viewed by adjoining property owners or
the general public or unless the primary purpose of the items is for
use on the property it is located on.
(3)
The storage and stockpiling of abandoned or unusable trailers, minibikes,
four-wheelers, lawn mowers and other inoperable motorized vehicles,
attachments and equipment is prohibited unless said items are stored
in a shed, barn or garage or other building(s) or enclosed by a fence
or evergreen barrier in such a manner that the items are unable to
be viewed by adjoining property owners or the general public.
(4)
The storage and stockpiling of vats and tanks (other than gas and
oil tanks that are being used to supply heat to a residence on the
property), appliances, furniture, and any and all other household
or commercial items that are normally used for interior use is prohibited
unless said items are stored in a shed, barn or garage or other building(s)
or enclosed by a fence or evergreen barrier in such a manner that
the items are unable to be viewed by adjoining property owners or
the general public.
(5)
The storage or stockpiling of trash, garbage, or refuse not generated
by the dwelling on the property is prohibited. The storage or stockpiling
of trash, garbage, or refuse generated by the dwelling on the property
for more than seven days is prohibited.
(6)
The storage or stockpiling of building and landscaping materials
including but not limited to wood, trusses, rebar, concrete products,
plastic, shingles, dirt, sand, stone, electrical equipment, plumbing
supplies and fixtures, siding, and any and all materials used in the
construction of any structure of any kind is prohibited unless said
items are stored in a shed, barn, garage or other building(s) or enclosed
by a fence or evergreen barrier in such a manner that the items are
unable to be viewed by adjoining property owners or the general public.
Items that are actively being used in the construction of any structure
on the property that requires a land use permit may be stored on the
property during the period of time the land use permit is valid or
for 60 days after completion of the project or an occupancy permit
is granted. Items that are actively being used in the construction
of projects that do not require a land use permit are permitted for
a period of 60 days after they are initially placed on the property.
However, after said sixty-day period the items must be installed on
the construction project, removed from the property or stored in a
shed, barn, garage, or enclosed by a fence or evergreen barrier in
such a manner that the items are unable to be viewed by the general
public or adjoining property owners.
Customary home occupations and professional
offices or studios where permitted as an accessory use are subject
to the following provisions:
A.
Where permitted: within a single dwelling unit or
in a building or other structure accessory to the dwelling unit and
provided only persons residing in said dwelling are employed in the
home occupation.
B.
Evidence of use: does not display or create outside the building
any evidence of the home occupation except one nonlighted sign which
must be either a maximum of six square feet and mounted on the face
of the building or four square feet and located at the mailbox or
end of driveway.
[Amended 1-20-2014 by Ord. No. 245]
C.
Permitted uses. One of the following customary home
occupations shall be permitted for a single-family dwelling, provided
all off-street parking standards and any other requirements are in
compliance:
(1)
Medical, dental, or other professional office or studio.
(2)
Rooming and/or boarding of not more than two persons.
(3)
Custom tailoring.
(4)
Tutoring for not more than four students simultaneously.
(5)
Barber shop, beauty parlor or tanning salon.
(6)
Computer operations including word processing.
(7)
Except in manufactured home parks, in-home day care of children who
are not residents of the dwelling in which the care is provided, given
that the residence is a single-family detached dwelling and that all
state requirements are met.
[1]
Editor's Note: This ordinance also provided for the renumbering
of former Subsection C(7) as Subsection C(8).
(8)
Any similar related customary home occupation which
in the opinion of the Zoning Hearing Board is clearly incidental to
the residential use of the premise and neighborhood.
Whenever a developer or owner proposes to provide
land or structures for the benefit of only particular homeowners of
a project such as usable open space and active play areas, a homeowners'
association shall be established in accordance with the following
provisions:
A.
The homeowners' association shall be established either
as an incorporated organization or an unincorporated association operating
under recorded land agreements through which each lot owner (and any
succeeding owner) is automatically a member, and each lot is automatically
subject to a charge for a proportionate share of the expenses for
the organization's activities. Additionally, specific provisions shall
be established which define completely all membership requirements
of all non-lot owners in the event rental units are included in the
project.
B.
The homeowners' association's declaration of covenants,
conditions, and restrictions shall, as a minimum, establish the following:
(1)
Property rights including the owner's easements of
enjoyment and delegation of use.
(2)
Membership and voting rights including any distinction
between membership classes.
(3)
Covenant for maintenance assessments including the
creation of the lien and personal obligation of assessments, purpose
of assessments, the maximum annual assessments, special assessments
for capital improvements, uniform rate of assessments, and subordination
of the lien to mortgages.
(4)
Architectural and exterior maintenance control.
(5)
General provisions including enforcement, amendments,
and property annexation procedures.
C.
The developer or owner shall assume all responsibilities
for the homeowners' association until 75% of the dwelling sites are
sold or until such time as the association formally assumes such responsibility.
Once the homeowners' association is established, the developer or
owner shall be responsible for payment of dues to the homeowners'
association for lots which he owns.
D.
Stages developments. If the developer proposes to
construct the project over a period of separate stages, the homeowners'
association may also be staged consistent with the development time
schedule.
E.
Approval. The Township Supervisors shall retain the
right to review and approve the articles of incorporation and all
declarations of covenants, conditions and restrictions of the homeowners'
association. (For the sake of consistency within the Township, it
is recommended that the United States Department of Housing and Urban
Development, Federal Housing Administration's Suggested Legal Documents
for Planned Unit Developments, FHA Form 1400 and VA Form 26-8200,
be consulted.)
Compliance with the following standards in addition
to the applicable requirements contained elsewhere in this chapter
shall be required in order for shopping centers to be permitted in
Commercial Districts:
A.
Access. There shall be no access points located within
70 feet of intersecting streets, unless such points are located directly
at an intersection. A minimum of two points of vehicular ingress and
egress, separated by not less than 200 feet is required. Facilities
for pedestrian ingress and egress may also be required by the Township
Supervisors.
B.
Management. A shopping center shall be under unified
management which shall clearly establish centralized responsibility
for the operation and maintenance of the project, including all common
areas.
C.
Signs. There shall be only one freestanding sign per
road frontage which shall be designed and used for the purpose of
announcing the shopping center itself in compliance with the applicable
provisions of this chapter and may be lighted.
D.
Parking. There shall be a minimum of 5.5 parking spaces
for every 1,000 square feet of floor area designed for tenant occupancy
and exclusive use, including basements, mezzanines and upper floors
measured from the center line of joint partitions and from the outside
wall faces. This area is commonly referred to as gross leasable area
(GLA).
E.
Circulation. Traffic circulation within a shopping
center project shall be designed to minimize pedestrian and vehicular
mixing and congestion. Circulation shall be provided along the outer
perimeters and along store entrances.
[Amended 12-21-2020 by Ord. No. 280]
Except for manufactured home parks, there may be only one dwelling, hotel, or rooming house per lot. Each dwelling is to be on a separate, independent lot, meeting the requirements of this chapter and Chapter 310, Subdivision and Land Development. Each manufactured home in a manufactured home park must be on a separate, independent manufactured home lot, meeting the requirements of this chapter and Chapter 310, Subdivision and Land Development.
[Amended 12-16-2019 by Ord. No. 271]
Walkways may be required in any proposed development.
If required, walkways may be along existing roadways, future roadways
or completely separated from roadways, and for the use of the general
public. The Board of Supervisors, upon recommendation from the Planning
Committee, shall determine when walkways are required after considering
the health, safety and welfare of the residents of the Township.
