The regulations set forth by this article shall be minimum regulations
and shall apply uniformly to each class of land use or kind of structure,
except as otherwise provided herein.
A.
Unless otherwise indicated in Article IV, Use Regulations, the following requirements shall apply to accessory structures.
B.
Attached structures. An accessory structure attached to the principal
building is considered a part of the principal building for all regulatory
purposes and shall meet the dimensional requirements for such principal
building.
C.
Nonattached structures. A nonattached structure, standing apart from
the principal structure, shall meet the following requirements:
[Amended 1-2-2024 by Ord. No. 2024-01]
(2)
No accessory structure, except agriculture roadside stands (see § 140-23E) and school bus shelters, shall be built within any front yard.
(3)
Nonattached accessory structures 200 square feet or less in size
erected on a lot one acre or less in lot area may be located in any
side or rear yard, provided the accessory structure adheres to the
following conditions and requirements:
(a)
Such a building shall not exceed the height of the principal
structure and/or a maximum of 15 feet.
(b)
Such buildings shall be set back five feet from any side or
rear lot line.
(c)
All such buildings in the aggregate shall not occupy more than
30% of the area of the rear or side yard.
(d)
It is not erected within five feet of any other building.
(e)
Such structure must be used solely as accessory to a residential
use.
(f)
Swimming pools must adhere to the dimensional requirements of
the underlying district.
D.
Fences and walls. The following regulations shall apply to the height
and location of fences and walls:
(1)
No fence or wall (except a retaining wall, a wall of a building under
the terms of this chapter, or unless otherwise specified in this chapter)
shall be erected to a height of more than three feet in the front
yard area or more than six feet in any other yard in any residential
district or use.
(a)
Only for the purposes of this subsection, in the case of flag lots
or panhandle lots, the front yard will be determined as the narrow
pole or handle portion of any such lot connecting the lot to the street.
[Added 1-2-2024 by Ord. No. 2024-01]
(2)
Agriculture-related businesses are permitted to provide a fence or
wall with a maximum height of 10 feet.
(3)
A fence or wall erected in a nonresidential district shall have a
maximum height of 10 feet.
E.
Accessory
solar energy systems (ASES).
[Added 1-2-2024 by Ord. No. 2024-01]
(1)
Regulations applicable to all accessory solar energy systems.
(a)
ASES shall be permitted as a use by right in all zoning districts.
(b)
Permit requirements.
[1]
Zoning/building permit applications 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. Permits must be kept on the premises where the ASES is constructed.
[2]
The zoning/building permit shall be revoked if the 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 chapter.
[3]
The ASES must be properly maintained and be kept free from all
hazards, including, but not limited to, faulty wiring, loose fastenings,
or 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.
(2)
Roof-mounted and wall-mounted accessory solar energy systems.
(a)
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
(b)
ASES mounted on roofs or walls of any building shall be subject
to the maximum height regulations specified for principal and accessory
buildings within each of the underlying zoning districts.
(c)
Wall-mounted ASES shall comply with the setbacks for principal
and accessory structures in the underlying zoning districts.
(d)
Solar panels shall not extend beyond any portion of the roof
edge.
(e)
Roof-mounted solar panels shall be located only on rear- or
side-facing roofs as viewed from any adjacent street unless the applicant
demonstrates that, due to solar access limitations, no location exists,
other than the street-facing roof, where the solar energy system can
perform effectively.
(f)
For roof- and wall-mounted systems, the applicant shall provide
evidence that the plans comply with the Uniform Construction Code
and adopted building code of Straban Township, that the roof or wall
is capable of holding the load imposed on the structure.
(3)
Ground-mounted accessory solar energy systems.
(b)
The total surface area of the arrays of ground-mounted ASES
on the property shall not exceed more than 15% of the lot area. The
area of the ASES for the purposes of this coverage calculation would
include the area of the panels/arrays and any drive aisle area between
arrays.
(c)
Height. Ground-mounted ASES shall not exceed 20 feet in height
above the ground elevation surrounding the systems.
(d)
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.
(e)
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.
A.
Lot area. The minimum lot area requirement shall be met exclusive
of any protected natural resources located on the lot. The area, width
and depth of lots shall provide adequate area for off-street loading,
unloading and/or parking space. Parcels with on-lot wastewater facilities
shall be provided with area in addition to the above-mentioned areas
to accommodate an on-lot wastewater system and a replacement area
approved by the Township Sewage Enforcement Officer.
B.
Yards and setbacks.
(1)
Unless otherwise indicated herein, all front setbacks shall be measured
from the existing or future right-of-way line defined by the Straban
Subdivision and Land Development Ordinance[1] and based on the functional classification of streets
as defined in the Straban Comprehensive Plan.
(2)
Corner lots. A front setback shall be required from each street on
a corner lot. A rear setback shall be required from all other property
lines.
(3)
Reverse-frontage lots or through-lots. A front setback shall be required
from each street on reverse-frontage or through lots.
(4)
Front setback exception for built-up streets. Where at least two
buildings within 100 feet of a property, fronting on and on the same
side of the street as the property, are preexisting and set back less
than the required distance, the average of the setbacks of those buildings
shall be the required minimum front setback for the property.
[Amended 12-3-2018 by Ord. No. 2018-01]
(5)
Cul-de-sac lots or lots on curved streets.
(a)
The front setback shall be established from the street line
at a sufficient distance so that the distance between the side lot
lines at the building setback equals the minimum lot width required
for the district.
[Amended 1-3-2023 by Ord. No. 2023-01]
(b)
The minimum width of the lot at the street line shall be no
less than 35 feet.
(6)
Building extensions within the setback.
(a)
Cornices, chimneys, steps, stoops, canopies, and similar extensions,
including fire escapes and eaves, may extend into the required front,
side or rear setback by a maximum of three feet. Stoops extending
into the setback shall not be greater than 25 square feet in area.
(b)
Covered porches and patios, whether enclosed or unenclosed,
shall be considered a part of the main building and shall not project
into any building setback area.
C.
Flag lots. Flag lots shall comply with the following regulations:
(1)
Such lots shall only be permitted in the R-R and R-1 Districts where
no other reasonable lot configuration is feasible.
(2)
The narrow pole or handle portion of any such lot connecting the
lot to the street shall not be less than 50 feet in width. The access
drive associated with the pole or handle shall be no closer than 200
feet to a neighboring driveway. This "pole" or access area shall not
count toward the minimum lot area.
(3)
Minimum lot width shall be measured along the front yard setback
line.
(4)
Minimum front yard setback shall be measured from the lot line (other
than the street line) most nearly parallel to the street from which
access is taken.
D.
Division of built-on lots. No lot may be formed from part of a lot
occupied by a building unless each newly created lot will meet all
the applicable provisions of this chapter and the Straban Township
Subdivision and Land Development Ordinance.[3]
E.
Clear sight distance.
(1)
Fences, signs, and vegetation shall not be permitted to obscure the
view of traffic on any street.
F.
Building separation. Building separation provisions apply only to
buildings on the same lot and developed as part of a garden apartment
complex, shopping center, commerce/business/industrial park, or other
similar development. Separation between buildings on different lots
shall adhere to the front, rear and side setback provisions in each
district.
A.
Height regulations. The following height regulations shall apply
throughout the Township:
(2)
The height regulations do not apply to the following structures or
projections:
(a)
Telecommunications towers, water towers, smokestacks, farm silos,
agricultural buildings, windmills, manufacturing storage and processing
bins or tanks, as well as associated equipment or structures, or other
similar structures, provided that such structures or projections are
set back from any property line a horizontal distance at least equal
to their height. In the event such structures listed within this section
are proposed immediately adjacent to a lot property line which is
contiguous to a railway line or track, no horizontal setback distance
from the railway property line shall apply.
[1]
Editor's Note: This ordinance provided an effective date of
7-8-2017.
(b)
Chimneys, steeples, cupolas, and antennas, provided that they
occupy no more than 10% of the roof area.
(c)
Rooftop structures for the housing of elevators, stairways,
water storage tanks, ventilating fans and other mechanical appurtenances,
if such structures do not cover more than 25% of the roof on which
they are located, and are screened from view from the ground by a
parapet, cornice, or by being centrally located on the roof.
(d)
Parapet walls or cornices used solely for ornamental purposes,
if not in excess of five feet above the roofline.
(3)
In no case shall any freestanding or rooftop structure above the
maximum permitted height be used for the purpose of providing additional
floor space for residential, commercial or industrial purposes.
(4)
Structures accessory to principal residential uses shall not be higher
than the principal structure.
[Amended 12-3-2018 by Ord. No. 2018-01]
B.
Minimum habitable floor area. All dwelling units shall not be less
than the minimum habitable floor area as follows:
C.
Unenclosed storage.
(1)
Recreational vehicles, boats, campers, trailers and trucks. The storage
of recreational vehicles, boats, campers, trailers, and trucks with
more than two axles shall be prohibited in the front yard of any residential
or mixed-use district. Such vehicles may be permitted to be stored
on the driveway, behind the plane of the primary facade of the principal
building, for no more than 14 days in any twelve-month period. In
a multifamily, mixed-use, or other residential district where there
is shared parking, such vehicles shall be stored in a parking area
designated for such use and screened from view, or, if no such area
exists, shall be stored off-site.
(2)
Outdoor stockpiling. In all districts, except as may be specifically
allowed in the R-R and EC-2 Districts, no outdoor stockpiling of any
material or outdoor storage of trash is permitted in the front yard.
All districts shall meet the following regulations, as applicable:
(a)
The stockpiling of tires, metal pipes, automobile parts and
similar objects or materials shall be in a garage or an enclosed storage
structure in any residential or mixed-use district.
(b)
In any residential or mixed-use district, the outdoor stockpiling
of materials for more than one year is prohibited, with the exception
of firewood.
(c)
In all districts, outside storage areas shall be screened from
any public street or pedestrian walkway, any abutting residential
use and any adjoining residential district in accordance with the
screening and landscaping requirements set forth in the Straban Township
Subdivision and Land Development Ordinance[2] and other requirements of Article III of this chapter.
(d)
In the R-R and EC-2 Districts, outdoor storage of materials
over four feet in height shall be set back a minimum of 100 feet from
the public right-of-way.
(3)
Trash, garbage, refuse or junk. The outdoor accumulation of trash,
garbage, refuse or junk for a period exceeding 15 days is prohibited.
D.
Dumpsters. Dumpsters used for domestic garbage shall be permitted
within the side or rear yard in accordance with the following requirements:
E.
Demolition of structures. Demolition of any structure shall be completed
within three months of the issuance of a permit or in accordance with
the terms of the permit. "Completion" consists of tearing the structure
down to grade, filling any resulting cavity to grade and removing
all resulting materials from the lot. A structure may be partly demolished
only if a building remains and the demolition of the part is complete
as aforesaid. All evidence of the part which was demolished shall
be removed from the exterior surfaces of the remaining building.
A.
Location of buffer yards and screening.
(2)
Screening and landscaping, in accordance with the applicable provisions
of the Straban Subdivision and Land Development Ordinance,[1] shall be provided for all nonresidential uses when abutting
a residential use and/or abutting or within a residential district.
(3)
Where arterial or collector streets serve as district boundary, no
such buffering or screening is required along the boundary line.
(4)
Where a railway serves as the district boundary, buffer yards shall
be required, except as is needed to permit access, loading and unloading
from such railway.
(5)
A buffer yard that is a minimum of 50 feet in width shall be required
adjacent to any streams, creeks or other bodies of water.
(6)
A buffer yard that is a minimum of 50 feet in width shall be required adjacent to the right-of-way limits for U.S. Route 15 for all uses, subject to specific design criteria set forth at § 140-32B(4).
[Added 10-19-2022 by Ord. No. 2022-01]
B.
Description of buffer yards and screening.
(2)
All buffer yards shall be planted with grass, seed, sod or ground
cover, shall be maintained, and shall be kept clean of all debris,
rubbish, weed and tall grass in conformance with existing regulations.
(3)
No structure, manufacturing or processing activity, parking (including driveways other than those necessary for access to the lot in question), or storage of materials shall be permitted in the buffer yard, unless otherwise stated in Article III, District Regulations, and Article IV, Use Regulations.
(4)
The
required buffer yard along U.S. Route 15 shall be designed in accordance
with the following:
[Added 10-19-2022 by Ord. No. 2022-01]
(a)
A minimum of five major deciduous trees and five evergreen trees
shall be provided for every 100 feet of buffer length along U.S. Route
15. The trees shall be mixed native varieties and shall be planted
in a staggered manner.
(b)
The minimum size of evergreen trees shall be six feet in height and
deciduous trees shall be a minimum caliper of two inches, both measured
at time of planting.
(c)
All other applicable requirements of the buffer yard within § 140-32B shall apply to the U.S. Route 15 buffer yard.
(d)
Any plantings installed as a requirement of § 140-32A(6) shall not count towards any generally applicable landscaping requirements set forth elsewhere in this chapter or within the Subdivision and Land Development Ordinance.
All exterior lighting shall be arranged and shielded to prevent
objectionable illumination or glare upon adjoining properties and/or
public rights-of-way and in accordance with the Straban Township Subdivision
and Land Development Ordinance.[1]
A.
The development of all access drives and driveways shall meet the
requirements set forth in the Straban Township Subdivision and Land
Development Ordinance and Straban Township Driveway Ordinance.[1]
B.
Driveways shall be configured to provide adequate space for all required
parking to be located behind the plane of the primary facade.
No principal building or accessory building or structure shall
be erected, structurally altered or relocated on land which is not
adequately drained at all times. In addition, all work shall conform
to Ordinance No. 2005-05, Monocacy River Stormwater Management Ordinance,
adopted December 5, 2005.[1]
A.
Purpose. The purpose of these provisions is to prevent the loss of
property and life, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief and the impairment of the tax base by:
(1)
Regulating uses, activities and development which, acting alone or
in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities
and frequencies.
(2)
Restricting or prohibiting certain uses, activities and developments
from locating within areas subject to flooding.
(3)
Requiring all those uses, activities and developments that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage.
(4)
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
B.
District applicability. The floodplain districts shall be deemed
an overlay to any zoning district now or hereafter applicable to any
lot. Should the floodplain districts be declared inapplicable to any
lot by action of the Township or any court of competent jurisdiction,
the zoning of such lot shall be deemed to be the district in which
it is located, without consideration of this section. It shall be
unlawful for any construction, subdivision, or development to be undertaken
unless all appropriate permits and approvals have been obtained from
the Township Board of Supervisors.
C.
Liability.
(1)
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This chapter
does not imply that areas outside the identified floodplain districts,
or that land uses permitted within such districts, will be free from
flooding or flood damages.
(2)
This chapter shall not create liability on the part of the Township
or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made thereunder.
D.
Identification of floodplain areas. The identified floodplain area
shall be any areas of Straban Township classified as special flood
hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated July 22, 2020, and issued
by the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the FIS. The FIS and FIRMs, and any subsequent revisions and amendments
are hereby adopted by Straban Township and declared to be a part of
this chapter.
E.
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
The floodway area shall be those areas identified in the FIS and
the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
(a)
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
(b)
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection regional office.
(c)
Permitted uses. In the FW, the following uses and activities
are permitted, provided that they are in compliance with the provisions
of the underlying district and are not prohibited by any other ordinance
and provided that they do not require structures, fill or storage
of materials and equipment:
[1]
Agricultural uses such as general farming, pasture grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming and wild crop harvesting.
[2]
Public and private recreational uses and activities such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries, trap skeet game ranges and
hunting and fishing areas.
[3]
Accessory residential uses such as yard areas, gardens, play
areas and pervious parking areas.
[4]
Accessory industrial and commercial uses such as yard areas,
pervious parking and loading areas, airport landing strips, etc.
(d)
Special exception uses. The following uses and activities may
be permitted by special exception, provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance:
[1]
Structures, except for mobile homes, accessory to the uses and
activities in Subsection E1(c) above.
[2]
Utilities and public facilities and improvements such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants and other similar or related uses.
[3]
Water-related uses and activities such as marinas, docks, wharves,
piers, etc.
[4]
Extraction of sand, gravel and other materials.
[5]
Temporary uses such as circuses, carnivals and similar activities.
[6]
Storage of materials and equipment, provided that they are not
buoyant, flammable or explosive and are not subject to major damage
by flooding, or provided that such material and equipment is firmly
anchored to prevent flotation or movement and/or can be readily removed
from the area within the time available after flood warning.
[7]
Other similar uses and activities, provided that they cause
no increase in flood heights and/or velocities. All uses, activities
and structural development shall be undertaken in strict compliance
with the floodproofing provisions contained in all other applicable
codes and ordinances.
(2)
The AE Area/District shall be those areas identified as an AE Zone
on the FIRM included in the FIS prepared by FEMA for which base flood
elevations have been provided.
(a)
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA and
for which base flood elevations have been provided and a floodway
has been delineated.
(b)
AE Area without floodway shall be those areas identified as
an AE zone on the FIRM included in the FIS prepared by FEMA for which
base flood elevations have been provided but no floodway has been
determined.
[1]
No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in an AE Zone
without floodway, unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed development together with all other existing
and anticipated development, would not result in an increase in flood
levels of more than one foot within the entire community during the
occurrence of the base flood discharge.
[2]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection regional office.
(3)
A Area/District.
(a)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
(b)
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality. In the absence of any of the
above data or documentation, the community may require elevation of
the lowest floor to be at least three feet above the highest adjacent
grade.
(4)
The AO and AH Area/District shall be those areas identified as Zones
AO and AH on the FIRM and in the FIS. These areas are subject to inundation
by one-percent-annual-chance shallow flooding where average depths
are between one and three feet. In Zones AO and AH, drainage paths
shall be established to guide floodwaters around and away from structures
on slopes.
F.
Overlay concept.
(1)
The floodplain districts described above shall be overlays to the
existing underlying districts as shown on the Official Zoning Ordinance
Map, and as such, the provisions for the floodplain districts shall
serve as a supplement to the underlying district provisions.
(2)
Where there happens to be any conflict between the provisions or
requirements of any of the floodplain districts and those of any underlying
districts, the more restrictive provisions shall apply.
G.
Zoning Map. The boundaries of the floodplain districts are established
as defined in the above-referenced FIS and as shown on the Straban
Township Flood Boundary and Floodway Maps, and such districts shall
overlay the Zoning Map.
H.
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data. See § 71-18 for situations where FEMA notification is required.
I.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Floodplain
Administrator and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
J.
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the Board of Supervisors shall review flood hazard
data affecting the lands subject to boundary changes. The Board of
Supervisors shall adopt and enforce floodplain regulations in areas
subject to annexation or corporate boundary changes which meet or
exceed those in 44 CFR 60.3 as amended from time to time.
K.
District provisions.
(1)
All uses, activities and development occurring within any floodplain
district shall be undertaken only in strict compliance with the provisions
of this chapter and with all other applicable codes and ordinances,
such as the Township Building Code, if any, the Township Subdivision
and Land Development Ordinance[1] and the Township Floodplain Development Ordinance.[2]
(2)
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch or any other drainage facility or system.
(3)
Prior to any proposed alteration or relocation of any stream, watercourse,
etc., within the municipality, a permit shall be obtained from the
Department of Environmental Protection, Bureau of Dams and Waterway
Management. Further, notification of the proposal shall be given to
all affected adjacent municipalities. Copies of such notification
shall be forwarded to both the FIA and the Department of Community
and Economic Development.
L.
Development that may endanger human life.
(1)
In accordance with the Pennsylvania Flood Plain Management Act, and
the regulations adopted by the Department of Community and Economic
Development as required by the Act, any new or substantially improved
structure which will be used for the production or storage of any
of the following dangerous materials or substances; or will be used
for any activity requiring the maintenance of a supply of more than
550 gallons, or other comparable volume, of any of the following dangerous
materials or substances on the premises; or will involve the production,
storage, or use of any amount of radioactive substances; shall be
subject to the provisions of this section, in addition to all other
applicable provisions. The following list of materials and substances
are considered dangerous to human life:
|
Acetone
|
|
Ammonia
|
|
Benzene
|
|
Calcium carbide
|
|
Carbon disulfide
|
|
Celluloid
|
|
Chlorine
|
|
Hydrochloric acid
|
|
Hydrocyanic acid
|
|
Magnesium
|
|
Nitric acid and oxides of nitrogen
|
|
Petroleum products (gasoline, fuel oil, etc.)
|
|
Phosphorus
|
|
Potassium
|
|
Sodium
|
|
Sulphur and Sulphur products
|
|
Pesticides (including insecticides, fungicides, and rodenticides)
|
|
Radioactive substances, insofar as such substances are not otherwise
regulated.
|
(2)
Within any identified floodplain area, any new or substantially improved structure of the kind described in Subsection A above shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
(3)
Within any floodway area, any structure of the kind described in Subsection A above shall be prohibited. Where permitted within any identified floodplain area, any new or substantially improved residential structure of the kind described in § 140-36L(1) above shall be elevated to remain completely dry up to at least 1 1/2 feet above base flood elevation and built in accordance with §§ 71-18, 71-19, and 71-20 of this Code.
(4)
Where permitted within any identified floodplain area, any new or substantially improved nonresidential structure of the kind described in § 140-36L(1) above, shall be built in accordance with §§ 71-18, 71-19, and 71-20 of this Code, including:
(a)
Elevated, or designed and constructed to remain completely dry
up to at least 1 1/2 feet above base flood elevation; and
(b)
Designed to prevent pollution from the structure or activity
during the course of a base flood.
Any such structure, or part thereof, that will be built below the regulatory flood elevation (see definition in § 71-29) shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication "Flood-Proofing Regulations (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
M.
Activities requiring special permits.
(1)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[3] the following activities shall be prohibited within an
identified floodplain area unless a special permit has been issued
by Straban Township:
(a)
The commencement of any of the following activities; or the
construction, enlargement, or expansion of any structure used, or
intended to be used, for any of the following activities:
(b)
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[3]
Editor's Note: See 32 P.S. § 679.101 et seq.
N.
Application requirements for special permits. Applicants for special
permits shall provide five copies of the following items:
(1)
A written request including a completed permit application form.
(2)
A small-scale map showing the vicinity in which the proposed site
is located.
(3)
A plan of the entire site, clearly and legibly drawn at a scale of
one inch being equal to 100 feet or less, showing the following:
(a)
North arrow, scale, and date;
(b)
Topography based upon the North American Vertical Datum (NAVD)
of 1988, showing existing and proposed contours at intervals at two
feet;
(c)
All property and lot lines, including dimensions and the size
of the site expressed in acres or square feet;
(d)
The location of all existing streets, drives, other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations;
(e)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development;
(f)
The location of the floodplain boundary line, information and
spot elevations concerning the base flood elevation, and information
concerning the flow of water, including direction and velocities;
(g)
The location of all proposed buildings, structures, utilities,
and any other improvements; and
(h)
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings,
including floor plans, sections, and exterior building elevations,
as appropriate;
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required, the elevation of any other
floor;
(c)
Complete information concerning flood depths, pressures, velocities,
impact, and uplift forces, and other factors associated with the base
flood;
(d)
Detailed information concerning any proposed floodproofing measures,
including the flood emergency operation plan and the inspection and
maintenance plan;
(e)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths;
(f)
Profile drawings for all proposed streets, drives, and vehicular
accessways, including existing and proposed grades; and
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and any other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the
activity or development is proposed is an existing separate and single
parcel, owned by the applicant or the client he/she represents;
(b)
Certification from a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood;
(c)
A statement, certified by a registered professional engineer,
architect, landscape architect, or other qualified person which contains
a complete and accurate description of the nature and extent of pollution
that might possibly occur from the development during the course of
a base flood, including a statement concerning the effects such pollution
may have on human life;
(d)
A statement certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the effects the proposed development will have on base
flood elevation and flows;
(e)
A statement, certified by a registered professional engineer,
architect, or landscape architect, which contains a complete and accurate
description of the kinds and amounts of any loose buoyant materials
or debris that may possibly exist or be located on the site below
the base flood elevation and the effects such materials and debris
may have on base flood elevation and flows;
(f)
The appropriate component of the Department of Environment Protection's
"Planning Module for Land Development";
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control;
(h)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 1978-166; and
(i)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
O.
Application review procedures. Upon receipt of an application for a special permit by Straban Township, the following procedures shall apply in addition to those of Article II of Chapter 71 of this Code[4]:
(1)
Within three working days following receipt of the application, a
complete copy of the application and all accompanying documentation
shall be forwarded to the County Planning Commission by registered
or certified mail for its review and recommendations. Copies of the
application shall also be forwarded to the Straban Township Planning
Commission and the Straban Township engineer for review and comment.
(2)
If an application is received that is incomplete, Straban Township
shall notify the applicant in writing, stating in what respect the
application is deficient.
(3)
If Straban Township decides to disapprove an application, it shall
notify the applicant, in writing, of the reasons for the disapproval.
(4)
If Straban Township approves an application, it shall file written
notification, together with the application and all pertinent information,
with the Department of Community and Economic Development, by registered
or certified mail, within five working days after the date of approval.
(5)
Before issuing the special permit, Straban Township shall allow the
Department of Community and Economic Development 30 days, after receipt
of the notification by the Department, to review the application and
decision made by Straban Township.
(6)
If Straban Township does not receive any communication from the Department
of Community and Economic Development during the thirty-day review
period, it may issue a special permit to the applicant.
(7)
If the Department of Community and Economic Development should decide
to disapprove an application, it shall notify Straban Township and
the applicant, in writing, of the reasons for the disapproval, and
Straban Township shall not issue the special permit.
P.
Special technical provisions.
(1)
In addition to the requirements of Article IV of Chapter 71 of this Code,[5] the following minimum requirements shall also apply to any proposed development requiring a special permit. If there is any conflict between any of the following requirements and those in Article IV of Chapter 71 of this Code or in any other code, ordinance, or regulation, the more restrictive provision shall apply.
(2)
No application for a special permit shall be approved unless it can
be determined that the structure or activity will be located, constructed,
and maintained in a manner which will:
(a)
Fully protect the health and safety of the general public and
any occupants of the structure. At a minimum, all new structures shall
be designed, located, and constructed so that:
[1]
The structure will survive inundation by waters of the base
flood without any lateral movement or damage to either the structure
itself, or to any of its equipment or contents below the BFE.
[2]
The lowest floor (including basement) will be elevated to at
least 1 1/2 feet above base flood elevation.
[3]
The occupants of the structure can remain inside for an indefinite
period of time and be safely evacuated at any time during the base
flood.
(b)
Prevent any significant possibility of pollution, increased
flood levels or flows, or debris endangering life and property.
(3)
All hydrologic and hydraulic analyses shall be undertaken only by
professional engineers or others of demonstrated qualifications, who
shall certify that the technical methods used correctly reflect currently
accepted technical concepts. Studies, analyses, computations, etc.,
shall be submitted in sufficient detail to allow a thorough technical
review by Straban Township and the Department of Community and Economic
Development.
Q.
Mobile and manufactured homes. Mobile and manufactured homes located within an identified floodplain area shall be governed by the regulations set forth and described in § 117-69.1 of this Code, entitled "Floodplain Standards for Mobile and Manufactured Homes."
R.
Special requirements for recreational vehicles. Within any identified floodplain area the storage of recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in § 140-36W of this chapter, then the following provisions apply:
T.
Special exception uses. In passing upon applications for special
exceptions, the Planning Commission shall consider all relevant factors
and procedures specified in other sections of this chapter and:
(1)
The danger to life and property due to increased flood heights or
velocities caused by encroachments.
(2)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(4)
The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility
to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding
for the proposed use.
(8)
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for the area.
(10)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(11)
The expected height, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
(12)
Such other factors which are relevant to the purposes of this
chapter.
U.
Supplemental technical review. The Township Planning Commission may
refer any application and accompanying documentation pertaining to
any request for a special exception use to any engineering or other
qualified person or agency for technical assistance in evaluating
the proposed project in relation to flood heights and velocities and
the adequacy of the plans for protection and other related matters.
V.
Approval of special exception uses.
W.
Variances.
(1)
Requests for variances shall be considered by the Straban Township Zoning Hearing Board in accordance with the procedures contained in § 71-27 of this Code and the following:
(a)
No variance shall be granted for any construction, development,
use, or activity within any floodway area/district that would cause
any increase in the BFE.
(b)
No variance shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway that
would, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
(c)
No variances shall be granted for a proposed accessory structure
that exceeds 600 square feet in size. A signed nonconversion agreement
is required as a condition of receiving the variance.
(e)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(f)
In granting any variance, the Straban Township Zoning Hearing
Board shall attach whatever reasonable conditions and safeguards it
considers necessary in order to protect the public health, safety,
and welfare, and to achieve the objectives of this chapter.
(h)
In reviewing any request for a variance, the Straban Township
Zoning Hearing Board shall consider, at a minimum, the following:
(i)
A complete record of all variance requests and related actions
shall be maintained by the Straban Township Zoning Hearing Board.
In addition, a report of all variances granted during the year shall
be included in the annual report to FEMA.
(2)
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
X.
Y.
Technical provisions. In order to prevent excessive damage to buildings and structures due to flooding, the technical provisions set forth in Article IV of Chapter 71 of this Code[7] shall apply to all proposed construction or development
occurring in any of the floodplain districts identified in this chapter.
No land or building in any district 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.
A.
The following uses may be included in required open space:
(1)
Passive recreation areas, including hiking and bicycling trails,
nature observation, and picnicking. Easements for these areas may
be offered to Straban Township, Adams County, land trusts, or other
nonprofit organizations whose purpose is to conserve and protect open
spaces, scenic views and overall rural qualities.
(2)
Pedestrian bicycle, equestrian trails, and/or other similar easements.
(3)
Agricultural activities permitted by the underlying district regulations
herein.
B.
C.
Open space areas shall be designed in accordance with § 140-15B(9) and the Straban Township Subdivision and Land Development Ordinance.[2]
D.
Designated open space areas shall be restricted by a deed covenant
to prohibit further subdivision.
F.
Buffers and buffer yards shall count towards the required open space.
G.
A hypothetical example of how the required open space relates to
the maximum density of a cluster residential design in the R-R District
is as follows:
(1)
Start with 100 acres in the R-R District.
(2)
Subtract the minimum required open space of 60% as per Table 140-7-2, R-R Dimensional Requirements, in § 140-7C.
|
(100 acres – 60 acres = 40 acres)
|
(3)
Note that protected resources may be included within the 60% open space area, as per the use regulations of Article IV, § 140-15B(2)(c). This includes: one-hundred-year floodplains, and/or wetlands, and/or steep slopes in excess of 20%.
(4)
Assume that 35 acres is comprised of land with such features as communication towers, transmission lines, drainage facilities, underground sewer or water lines/facilities, and stormwater management facilities. Then, subtract 17.5 acres based on the 50% rule in Subsection B.
|
(40 acres – 17.5 acres = 22.5 acres on which to locate
houses)
|
(5)
Multiply the 40 acres of density-qualifying land times the maximum gross density of four, as per Table 140-7-2, R-R Dimensional Requirements, in § 140-7C.
|
(40 acres x 4 units = 160 dwelling units)
|
(6)
Assume that small-lot single-family dwellings are built, with 160
dwelling units on 22.5 acres.
|
(This hypothetical example would produce an approximate lot
area of 6,135 square feet for each unit, or a net density on the buildable
site area of 7.1 dwelling units per acre.)
|
A.
For all developments proposing the use of common open space, a plan
for the ownership and maintenance of common open space shall be submitted
for approval by the Board of Supervisors prior to final plat approval.
Such ownership, administration and maintenance shall be arranged to
be in accordance with one of the following methods:
(1)
An offer of dedication to the Township; however, the Township shall
not be obligated to accept the dedication of common open space.
(2)
The transfer of the total common open space area or a portion thereof
to a private, nonprofit organization whose purpose is the preservation
of open space land and/or natural resources, subject to the following:
(a)
The language and deed restrictions are acceptable to the Township.
(b)
The organization shall be a bona fide conservation organization
with a perpetual existence.
(c)
The conveyance shall contain appropriate provision for reverter
or retransfer if the organization is unable to carry out its function.
(d)
The organization shall enter into a maintenance agreement with
the Township.
(3)
Establishment of a homeowners' association (HOA), subject to the
following:
(a)
Prior to final plat approval, the developer shall submit a detailed
statement, including covenants, agreements and other specific documents,
indicating ownership, method of maintenance and utilization of the
common open space areas.
(b)
Covenants shall be recorded either prior to or simultaneously
with the approved plan.
(4)
Landowner deed or deeds of trust, approved by the Board, for the
purpose of ownership, administration and maintenance of common open
space. The trustee shall be empowered to levy and collect assessments
from property owners for working capital, operating expenses, insurance
and contingencies.
B.
Failure of an organization or any successor organization to maintain
the common open space in reasonable order and condition in accordance
with the development plan shall result in the following actions:
(1)
Written notice from the Zoning Enforcement Officer shall be served,
describing the failure and deficiencies in maintaining the common
open space.
(a)
The notice shall establish a thirty-day period from said notice
to correct the deficiencies.
(b)
If the organization appeals the notice, a hearing before the
Zoning Hearing Board shall be held pursuant to public notice. At such
hearing, the Zoning Hearing Board may modify the terms of the notice
as to the deficiencies and grant an extension of time to correct the
deficiencies.
(2)
For failure to correct the deficiencies within the 30 days or extension
thereof and in order to preserve the taxable values of the property
within the development and prevent the common open space from becoming
a public nuisance, the Township may take the following actions:
(a)
Maintenance of the property by the Township for a period of
one year; however, the maintenance shall not constitute a taking of
the common open space.
(b)
Prior to expiration of said year, the Board shall call a public
hearing upon public notice. The Board shall reach one of two determinations:
[1]
The organization is ready and able to maintain the common open
space at the end of said year.
[2]
The organization is not ready and able to maintain the common
open space at the end of said year and the Township may, at its discretion,
continue to maintain said common open space during the next year,
subject to the same public hearing process.
(c)
The cost of maintenance by the Township shall be assessed ratably
against the organization or, in the case of the homeowners' association,
against the owners of properties within the development, and shall,
if unpaid, become a tax lien on said properties.
In the R-R, R-1 and MU-2 Districts, horses may be kept for personal
recreation use in accordance with the following requirements:
A.
The minimum lot area for the keeping of horses for personal recreation,
noncommercial use shall be five acres.
B.
One horse shall be allowed for the first five acres, and one additional
horse shall be allowed for every acre over five acres.
C.
The horses shall be kept for the personal recreation use of the property
owner or occupant of the residence on the parcel.
A.
Purpose. The purpose of the Historic Village Overlay District is
to promote the following:
(1)
To perpetuate the distinctive character and identity of the traditional
environment of the villages of Straban Township;
(2)
To permit a harmonious mixture of housing, retail, service establishments,
and community facilities in the center of the Historic Village Overlay
District; and
(3)
To preserve and protect the existing village and its historic features,
former battlefield lands, buildings and other existing structures
from unnecessary removal in the Historic Village Overlay District.
B.
Objectives. Some of the specific objectives of this Historic Village
Overlay District include the design and construction of residential
and nonresidential structures that:
(1)
Are distinct in their incorporation of important existing and predominant
cultural and historic features;
(2)
Provide for a diversity of residential dwelling unit types and sizes;
(3)
Integrate local businesses and trades that offer employment opportunities,
thereby enhancing residential convenience;
(4)
Reflect the historic and traditional building styles still existing
in the village area;
(5)
Reserve and feature civic uses and open spaces as community focal
points; and
(6)
Provide safe, efficient, and compatible linkages with existing nearby
land uses, streets, sidewalks, and lots.
C.
Allowed uses. Only the uses listed below shall be permitted in the
Historic Village Overlay District. All uses shall conform to the lot,
yard, setback, and maximum height regulations stipulated herein, as
well as other applicable requirements of this chapter.
|
Table 140-41-1
Permitted Uses
| ||
|---|---|---|
|
Type of Use
|
P = Permitted Use
SE = Special Exception Use
| |
|
Single-family detached dwelling
|
P
| |
|
Two-family dwelling or duplex
|
P
| |
|
Single-family attached dwellings/townhouses with no more than
4 units in a group
|
P
(See § 140-15C.)
| |
|
Mixed-use buildings
|
P
| |
|
Live-work units, containing no more than 4 residential units
per building
|
P
| |
|
Places of worship
|
P
| |
|
Bed-and-breakfast inns
|
P
| |
|
Retail, excluding drive-through facilities
|
P
| |
|
Restaurants, excluding fast-food restaurants with or without
drive-through facilities
|
P
| |
|
Taverns
|
SE
(See § 140-19M.)
| |
|
Barbers/Beauticians
|
P
| |
|
Caterers
|
P
| |
|
Photography studios, processing and/or equipment sales
|
P
| |
|
Shoe and handbag repair
|
P
| |
|
Tailors
|
P
| |
|
Studios for the arts and handcrafts
|
P
| |
|
Professional and financial services
|
P
| |
|
Medical, dental, health care services
|
P
| |
|
Antique dealers
|
P
| |
|
Repair services, except auto repair service garages
|
P
| |
|
Public libraries, museums, and/or art galleries
|
P
| |
|
Accessory uses/customary uses accessory to the above; considered
essential services to the above uses:
| ||
|
No-impact home-based businesses
|
P
| |
|
Automated banking facilities (ATMs)
|
P
| |
|
Overflow parking
|
P
| |
E.
Area, coverage, and dimensional requirements.
|
Table 140-41-2
Historic Village Overlay District Dimensional Requirements
| |||
|---|---|---|---|
|
Requirement
| |||
|
Regulation
|
Hunterstown
|
New Chester
| |
|
Minimum building front setback distance from existing Township
roadways
|
10 feet beyond the established or new street right-of-way
|
5 feet beyond the established street right-of-way
| |
|
Maximum building front setback
|
15 feet
|
15 feet
| |
|
Minimum side yard setback
|
5 feet
|
5 feet
| |
|
Minimum rear yard setback
|
6 feet
|
6 feet
| |
|
Minimum height
|
24 feet/2 stories
|
30 feet/2 stories
| |
|
Maximum height
|
40 feet (including all rooftop equipment)
|
40 feet (including all rooftop equipment
| |
|
Maximum impervious coverage/lot
|
90%
|
90%
| |
|
Maximum building footprint
|
3,500 square feet
|
3,500 square feet
| |
F.
Design requirements.
(1)
Building orientation. The primary entrances to all residential units
and nonresidential spaces shall be located on a primary facade.
(2)
Front porches. The Township encourages all new residential development
located along a public street to be designed to include front porches
or covered entryways. When a building is located on a corner lot,
the porch is encouraged to extend along both primary facades. Such
porch or entryway shall meet the required building setback and shall
measure a minimum of 12 feet wide by five feet deep.
(3)
Building width. No residential building shall be wider than 100 feet
as measured parallel, or approximately parallel, to a street line.
(4)
Buildings that are wider than 30 feet shall be designed to appear
as more than one building, with a separate and distinct "building
facade" for each thirty-foot interval of building width. Such design
may be achieved through a combination of recesses and projections,
vertical pilasters, and/or variation in color and material.
(5)
Required setbacks for accessory structures shall be a minimum of
six feet from rear and side lot lines.
(6)
Outdoor storage shall not be permitted in the Historic Village Overlay
District.
G.
Other requirements.
(1)
The "center" of the Historic Village Overlay Districts is defined
as follows:
(2)
Setbacks.
(a)
Existing buildings within the Historic Village Overlay District
that do not meet the required building setback (minimum or maximum)
may be altered, expanded, or redeveloped so long as the proposed setback
is equal to the setback of the majority of the building(s) located
on the same block. Where possible, the area between the building setback
and the street line shall provide a place for permanent public plazas,
sidewalks, public spaces or pedestrian amenities and/or landscaping.
(b)
Awnings, marquees and balconies. These building structures shall
not protrude into the established street right-of-way.
(3)
Parking.
(a)
On-street parking approved by PennDOT or the Township may be
constructed and maintained.
(b)
All off-street parking lots shall be located in a rear yard.
(d)
Vehicular access for residences shall be provided and is encouraged
via alleyways and shared driveways to reduce curb cuts along the street
frontage. Driveway widths shall be a minimum of 10 feet.
(e)
No parking is permitted on alleyways.
(4)
Pedestrian access.
(a)
Sidewalks or pathways shall be provided to connect existing
and new residential and nonresidential development.
(b)
Both sides of all public streets shall include sidewalks with
a minimum width of five feet and an adjacent three-foot planting strip,
except where the existing building is located less than five feet
from the right-of-way line.
(c)
At driveway, access drive, and street intersections, all sidewalks
shall be designed to have aprons that continue the pedestrian pathway
and provide access to handicapped persons according to standards contained
within the latest version of the Americans with Disabilities Act.
(5)
Signs. Only signs permitted within the MU-1 District shall be permitted
in the Historic Village Overlay District.
H.
Public utility and service requirements. All proposals within the
Historic Village Overlay District shall comply with the following
regulations:
(1)
When public sewer is available or may be extended to new development,
it shall be used in the Historic Village Overlay District.
(2)
All utility lines shall, when possible, be located within public
streets, alleys, or other public right-of-ways. Any required utility
structures, buildings, pump stations, transformers, or other similar
devices shall be screened from adjoining properties and roads.
(3)
All new roadways shall be designed to include streetlights on both
sides. Streetlights shall be placed at intervals of no more than every
100 lineal feet on each side of the street. The light intensity and
fixture style must complement the predominant architecture of the
Village.
(4)
All development proposals in an Historic Village Overlay District
shall be submitted to emergency management agencies (i.e., fire, police,
and ambulance) to identify and seek recommendations for solutions
to any foreseeable problems. The applicant shall submit a written
statement from the primary EMS service provider confirming the review
of the project to the Zoning Officer at the time that any permits
are sought.
I.
Village preservation; preservation buffers. The character and boundaries
of the Historic Village Overlay District shall be preserved through
the use of land preservation buffers. A land preservation buffer of
a minimum of 100 feet in width is required between the boundary of
the Historic Village Overlay District and an adjoining zoning district.
Land preservation buffers shall be shown on any subdivision or land
development plan located at or within the Historic Village District
Overlay. Exceptions to this requirement include:
All uses shall be subject to and comply with the following regulations,
or as amended, where applicable:
A.
Noise pollution and vibration: rules and regulations of the Pennsylvania
Department of Environmental Protection.
B.
Air pollution: Airborne Emissions and Odor, rules and regulations
of the Pennsylvania Department of Environmental Protection.
C.
Water pollution: the Clean Streams Law, June 22, 1937, P.L. 1987,
35 P.S. 691, or as amended.
D.
Mine reclamation and open pit setback: Pennsylvania Act 147, the
Surface Mining Conservation and Reclamation Act of 1971, or as amended.
E.
Glare and heat: rules and regulations of the Pennsylvania Department
of Environmental Protection.
G.
Act 101: the Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. No. 101 (Act 101), as amended.
H.
Act 537: the Pennsylvania Sewage Facilities Act, Act of January 24,
1966, P.L. 1535, No. 537 (as amended).
I.
No use or operation shall be permitted that creates a public nuisance,
or creates a hazard to adjoining properties.
J.
Outdoor lighting. Where light fixtures are installed to provide exterior
illumination, excluding overhead streetlighting and warning, emergency
or traffic signals, the following restrictions shall apply. These
standards will only apply to nonresidential and multifamily uses abutting
residential uses.
(1)
All outdoor lighting, whether or not required by this chapter, shall
have intensities and uniformity ratios in accordance with the current
recommended practices of the Illumination Engineering Society of North
America (IESNA) as contained in the IESNA Lighting Handbook.
(2)
All future amendments to the recommended practices of the IESNA shall
be made a part of the chapter without further action by the Board
of Supervisors.
(3)
Streetlighting fixtures, when required for safety considerations,
may be controlled by photocells for dusk-to-dawn operations.
(4)
The lighting from any luminary shall be shaded, shielded or directed
to prevent direct light from being distributed beyond an angle of
35° from a vertical plane onto adjacent properties and/or surrounding
areas. Unshielded lighting is not permitted, except for temporary
holiday lighting.
(5)
Lighting shall be designed so that glare, reflection and/or direct
illumination does not exceed one footcandle beyond the property line
on which the lighting originates.
(6)
Externally illuminated signs shall be lighted by fixtures mounted
on top of the sign and aimed down, rather than by fixtures mounted
at the bottom of the sign and aimed up. Sign lighting shall be equipped
with timers and extinguished between the hours of 11:00 p.m. and dawn.
(7)
Such lighting on private, residential, commercial, industrial, municipal,
recreational or institutional property shall be aimed, located, designed,
fitted and maintained so as not to present a hazard to drivers or
pedestrians by impairing their ability to safely traverse (disabling
glare).
(8)
Pole-mounted lamps shall be placed directly above the area to be
illuminated and shielded at the top and sides, or positioned near
the perimeter of a property and aimed toward the area requiring illumination,
subject to applicable yard setback provisions. Lighting shall be reduced
75% during the off hours of operation for commercial or industrial
uses.
(9)
Vegetation screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as cutoff fixtures, shields
and baffles, and appropriate application of mounting height, wattage,
aiming angle, fixture placement, etc.
(10)
The installation or erection of any lighting which may be confused
with warning signals, emergency signals or traffic signals shall not
be permitted.
(11)
Maintenance. Lighting fixtures shall be maintained so as to
always meet the requirements of this chapter.
(12)
Nonconforming lighting. Any lighting fixture existing on the
effective date of this chapter which does not conform with the requirements
of this chapter shall be considered a lawful, nonconforming lighting
fixture.
No special event shall be conducted in the Township unless a
permit for each such event shall have been issued pursuant to this
section.
A.
Application for permit.
(1)
Written application. A written application for a special event permit
shall be submitted for each special event intended to be held. The
application shall be submitted on a form provided by the Township,
if such a form has been adopted by the Township or its Zoning Officer.
(2)
Time of application. An application for a special event permit shall
be submitted to the Township no later than 75 days prior to the beginning
of the special event.
(3)
Contents of the application. The application, or attachments to it,
shall contain the following information:
(a)
The name and address of each and every person involved in the
sponsoring and producing of the special event.
(b)
The name and address of each and every legal title owner of
the land on which the special event or its auxiliary functions (such
as parking or food service or medical facilities, etc.) are to be
located, and the name and address of each and every tenant or equitable
estate owner for such parcels.
(c)
The description of the land on which the special event and its
auxiliary functions will be located. In lieu of the metes and bounds
description, a copy of the deed or deeds to the land or the Adams
County Tax Map parcel identifying number(s) may be provided.
(d)
A copy of a site map showing all public roads within a one-mile
radius of the site of the proposed special event and auxiliary functions.
A copy of the Adams County Tax Map(s) showing the required area may
be provided in fulfillment of this subsection.
(e)
A narrative statement of all the activities that are proposed
to occur as part of the special event, including a schedule of when
the events are proposed to occur and information about any fluctuation
in the number of participants that might occur because of any particular
event or events.
(f)
A statement of the number of participants that are expected.
In the event that the Zoning Officer or the Board of Supervisors determines
that this statement is not reasonable, said Officer or Board may amend
the application to state a reasonable estimate of participants and
make the decision on the application based upon that amended estimate.
(g)
A statement showing how the need for sanitation, refuse collection
and removal, toilet facilities, traffic control, parking allocation
and control, medical services, emergency services (fire and medical),
crowd control, safety and security, water supply, and transportation
will be met. Such a statement shall include the identities of proposed
providers of such services and proof that the providers will be able
to deliver the services if the permit is granted.
(h)
A list of any and all permits required from any other governmental
or regulatory entity, and the expected date on which such permits
will have been obtained.
(i)
Proof of general liability insurance naming the Township as
a covered insured in an amount no less than $5,000,000.
(j)
Submission of a statement of liability, as approved by the Township
Solicitor, from every applicant, obligating the applicant to pay for
any and all damages caused to third persons or property resulting
from the special event to the extent that such loss is not covered
or is not paid by liability insurance. In connection herewith, the
Township may request and require as a condition of approval of the
application that the applicant(s) provide the Township with a financial
statement assuring that the applicants have sufficient assets to support
the statement.
(k)
Proof that a copy of the completed and signed application form, together with any maps or site plans submitted in accordance with Subsection A(3)(c) and A(3)(d) above, has been delivered to each and every property owner abutting the land on which the proposed special event and its auxiliary functions are to be held.
(4)
Supplemental or additional information. The Zoning Officer and the
Zoning Hearing Board may request such supplemental or additional information
that he or it deems warranted by the nature of the special event proposed.
Such information, if requested, shall be provided prior to the Township
making a decision on the application. The time for making a decision
on an application shall be tolled pending receipt of the supplemental
or additional information requested.
B.
Application fee. A fee for the filing of the application shall be
paid at the time of filing of the application. The fee shall be in
an amount as determined from time to time by resolution of the Board
of Supervisors.
C.
Review and hearing.
(1)
Burden of proof. The burden is on the applicant(s) to prove that
all of the requirements of this section and all other applicable laws
and regulations have been or will be complied with at the time the
special event occurs.
(2)
Review. The Zoning Hearing Board shall, upon the receipt of a complete
application, review the application and any other submissions to assure
that the safety, health and welfare of the participants of the special
event, and of the public in general, shall be preserved and protected.
(3)
Hearings. The Zoning Hearing Board shall hold hearings on applications
for special event permits in the same manner as prescribed for other
special exception applications.
D.
Decision. If the Zoning Hearing Board is satisfied that the special
event will be conducted in accordance with the criteria stated in
this section and will not pose a threat to the safety, health and
welfare of the participants or to the general public, it shall issue
a special event permit. If the Zoning Hearing Board is not satisfied
that the special event will be conducted in accordance with the criteria
stated in this section and/or that it may pose a threat to the safety,
health and welfare of the participants or to the general public, then
the special event permit shall be denied.
E.
Requirements. The following criteria shall be met by all applicants
for a special event permit:
(1)
All special events (including any associated activity, such as parking,
food service, trash cans, toilets, etc.) shall be set back at least
100 feet from the property line of any abutting use.
(2)
All special events shall have direct access to the site from a public
collector or arterial street. The entranceway to the site and to any
auxiliary function sites shall be at least 20 feet in width and have
an unobstructed clear sight triangle of 100 feet.
(3)
All access drives and internal roadways shall be maintained in a
mud-free condition so that no dirt or debris of any kind shall be
tracked or otherwise deposited on public roads.
(4)
No increased stormwater runoff from the site which is a result of
the special event shall be permitted.
(5)
Parking shall be provided at an amount of one space for every two
people reasonably expected to attend the special event at any one
time, unless the applicant can prove to the satisfaction of the Township
that mass transportation will enable a reduction in the number of
spaces required. Parking lot layouts shall meet the requirements of
the Straban Township Subdivision and Land Development Ordinance,[1] with the exception that such lots need to be paved or
landscaped. No parking shall be permitted in public road rights-of-way,
and the applicant shall have the duty to take such actions as are
necessary to assure that no violation of this subsection occurs.
(6)
The site plan layout of the special event shall be approved by the
Township and the County of Adams Emergency Management Coordinator
and the chief of the fire department that is the first due responder
for the site.
(7)
No open burning of any nature shall be allowed, except for campfires
in planned camping areas, which areas and proposed campfires have
been reviewed and approved by the Adams County Fire Marshal. Any conditions
imposed by the Fire Marshal (such as a prohibition during certain
winds) shall be deemed to be a part of the special event permit, even
though not expressly stated therein.
(8)
No site in the Township shall be the location of more than two special
events in any calendar year unless the applicant can prove that the
site is demonstrably better suited than any other permitted location
and repeated conducting of such events would in no way be deleterious
to the surrounding property owners and the surrounding area.
(9)
No special event shall occur over more than five days, whether consecutive
or nonconsecutive.
(10)
The Township, the County of Adams, and any and all representatives
of commonwealth agencies having jurisdiction over any part of the
special event shall have access to the site at any time, without prior
notice, for the purpose of inspection and compliance assurance.
(11)
No firearms shall be discharged before 8:00 a.m., prevailing
time, nor after sunset. No pyrotechnics, public address systems, amplified
sound, or other significant noise-producing activity shall occur within
500 feet of any school, church, dwelling unit or place of human habitation,
nor shall such occur between the hours of 11:00 p.m. and 8:00 a.m.,
prevailing time (except for emergency announcements).
(12)
The Township, the County of Adams and/or the Commonwealth of
Pennsylvania shall have the power and authority to close the special
event to further attendance where the number of participants reasonably
appears to exceed that expected and causes the accommodations provided
to be reasonably determined to be or to become inadequate. The applicant
shall keep a count of the number of participants attending the special
event at all times and shall produce that count to the Township, County
of Adams or Commonwealth of Pennsylvania representatives upon request.
(13)
The Township may add such additional requirements, either at
the time the permit is granted or during the course of the special
event, as the particular event may require, to preserve the safety,
health and welfare of the participants and the general public.
F.
Other law. Nothing in this section shall in any way be deemed to
repeal or suspend the application of any other ordinance, regulation,
rule, statute or other law, including, but not limited to, the amusement/admissions
tax, sewage facility law, wetlands regulations and traffic laws.
G.
Special exception uses. A special event is a special exception use
in every zoning district within the Township.
