All uses and activities established after the
effective date of this chapter shall comply with the following standards.
A.
CONTINUOUS SOUND
IMPULSIVE SOUND
LAND USE
NORMAL RESIDENTIAL ACTIVITIES
For the purposes of this section, the following words
shall be given the meanings hereinafter ascribed to them:
Any sound which is steady state, fluctuating, or intermittent
with a recurrence greater than one time in any one-hour interval.
Sound of short duration, with an abrupt onset and rapid decay
and an occurrence of not more than one time in any one-hour interval.
The permitted use in the designated zoning district.
Any sound which is generated as a result of an owner or occupier
of a residence exercising his normal and usual right to enjoy, maintain,
repair, or improve said residence or the real property upon which
it is situate.
B.
Except as provided in Subsection D hereof, no person without a permit, issued by the Zoning Officer, shall operate or cause to be operated within the Township any source of continuous sound which exceeds the limits set forth in Table 1 for the respective zoning districts, when measured at or within the boundary of such district, during the time specified in Table 1.
(1)
For the purpose of measuring sound under the provisions
of this section, the test equipment methods and procedures to be utilized
shall be those set forth in the publications of the American National
Standard Institute, namely ANSI S1. 4-1971, Standard Specifications
for Sound Level Meters, and ANSI S1. 13-1971, Standard Methods for
the Measurement of Sound Pressure Levels herein adopted by reference
and made a part hereof.
|
Continuous Sound Levels by Receiving Zoning
Districts
| ||
|---|---|---|
|
Table 1
| ||
|
Receiving Land by Zoning District
|
Time
|
Sound Level Limit
|
|
Residential R-1, R-2, R-3, R-4, R-5, R-6
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m. and at all hours on
Sundays and legal holidays
|
55 dbA
|
|
Retail Service RS
Controlled Commercial CC
|
7:00 a.m. to 10:00 p.m.
10:00 p.m. to 7:00 a.m. and at all hours on
Sundays and legal holidays
|
60 dbA
|
|
Light Industrial LI
Campus Industrial CI
|
At all times
|
70 dbA
|
C.
Except as provided in Subsection D hereof, no person without a permit, issued by the Zoning Officer, shall operate or cause to be operated within the Township any source of impulsive sound which exceeds 20 dbA more than the limits prescribed in the above Table 1 for Classes I and II, or which exceeds 10 dbA more than the limits prescribed in Table 1 for Class III.
D.
This section shall not be applicable to the following
noise sources:
(1)
The emission of sound for the purpose of alerting
persons to the existence of any emergency.
(2)
Work to provide electricity, water, or other public
utilities when public health or safety are involved.
(3)
Normal residential activities.
(4)
Motor vehicle operations (covered in Pennsylvania
Department of Transportation's Regulations, Chapter 450 effective
August 27, 1977).
(5)
Noise of aircraft flight operations except model airplanes.
(6)
Public celebrations, specifically authorized by the
municipality.
(7)
Surface carriers engaged in commerce by railroad.
(8)
The unamplified human voice.
E.
Temporary permits.
(1)
The Zoning Officer is authorized, upon application of any person to grant temporary permits permitting the operation or causation of sound in excess of the maximum permissible sound levels set forth Subsections B and C of this section, if the Zoning Officer determines that:
(a)
The temporary operation or causation of such
sound, under the circumstances, will not jeopardize the health, welfare,
or safety of the citizens of the Township.
(b)
The denial of such a permit will impose excess
hardship on the applicant, the community or other persons.
(c)
The operation will not have an adverse effect
on local property.
(2)
The Zoning Officer shall have the right and authority
to impose reasonable conditions and restrictions upon any applicant
for a temporary permit in order that the policy of the Township be
implemented. In no event shall a temporary permit be issued by the
Zoning Officer for a period longer than one year without the approval
of the Board of Supervisors.
F.
Any person seeking a permit pursuant to this section
shall file an application with the Zoning Officer 15 days prior to
commencement of the sound source. Said applicant shall include the
following information:
G.
Notice of an application for a permit shall be published
once in a newspaper of general circulation in the community and before
the day of such publication notice shall be sent by regular mail to
the owner of each parcel of land contiguous to the location of the
proposed noise source. Any individual who is adversely affected by
allowance of the permit and desires to object to same must file a
statement, within seven days of the publication of the permit notice,
with the Zoning Officer containing any information to support his
objection. To be valid and timely, a statement of objection must be
placed physically in the possession of the Zoning Officer, or received
at the Township office before the expiration of the seven-day period.
(1)
In the event a noise permit application is unchallenged, upon the expiration of the three-day objection period, if the Zoning Officer shall make the determinations set forth in Subsection E hereof, he shall issue a permit immediately; otherwise he shall deny it immediately.
(2)
In the event a noise permit is challenged, the Zoning Officer, or the Board of Supervisors in the case of appeals, may require the aggrieved party to post bond in an amount equal to the estimated damages sustained by the applicant by virtue of the delay occasioned by the challenge of appeal and conditioned upon payment of such damages. In all instances where a permit application is challenged, the Zoning Officer will hold a public hearing within five days of receipt of the challenge. A permit must be either issued or denied by the Zoning Officer within three days after the public hearing. If no decision has been made within three days after the public hearing, a permit will be automatically issued. In the event the decision of the Zoning Officer is considered unsatisfactory by either the applicant or the challenger or both, the decision may be appealed to the Board of Supervisors of Upper Southampton Township, which shall hear the matter de novo; the same determinations under Subsection E hereof shall approve the issuance of the temporary permit.
H.
Noncompliance with any condition of a permit shall
terminate that permit and the person holding it shall thereupon be
subject to the restrictions of this section.
No smoke shall be emitted from any chimney or
other source of visible gray opacity greater than No. 1 on the Ringlemann
Smoke Chart as published by the U.S. Bureau of Mines, except that
smoke of a shade not darker than No. 2 on the Ringlemann Chart may
be emitted for not more than four minutes in any thirty-minute period.
A.
The emission of dust, dirt, fly ash, fumes, vapors,
or gases which can cause any damage to human health, to animals, or
vegetation, or to other forms of property, or which can cause, any
soiling or staining of persons or property at any point beyond the
lot line of the use creating the emission, is herewith prohibited.
B.
No emission of liquid or solid particles from any
chimney or otherwise shall exceed 3/10 grains per cubic foot of the
covering gas at any point beyond the lot line of the use creating
the emission. For measurement of the amount of particles in gases
resulting from combustion, standard correction shall be applied to
stack temperature of 500° F. and 50% excess air in stack at full
load.
No use shall produce heat perceptible beyond
its lot lines.
No use shall emit odorous gases or other odorous
matter in such quantities as to be offensive at any point on or beyond
its lot lines. The guide for determining such quantities or offensive
odors shall be the 50% response level of Table I (Odor Thresholds
in Air), "Research on Chemicals," October 1968, Manufacturing Chemists
Association, Inc., Washington, D.C.
No use shall produce glare of the premises by
illumination originating on the premises. No bare or direct light
sources shall be visible beyond the lot lines. Only diffuse or reflected
light shall be visible beyond the lot line. Illumination from light
originating on the site shall not exceed 1.5 footcandles beyond the
lot line.
No use shall cause earth vibrations or concussions
detectable beyond its lot lines without the aid of instruments, with
the exception of that vibration produced as a result of construction
activity.
A.
The buffer yard shall extend along the boundary of
the residential use or district to be protected and the more intensive
land use or district.
B.
Required buffer yard widths and locations are as follows:
[Amended 12-18-2012 by Ord. No. 418]
(1)
A buffer yard of fifty-foot width shall be required in the RS, CC,
LI, and CI Districts along the boundaries between each such district
and the R-1, R-2, R-3, R-4, R-5, and R-6 Districts.
(2)
A buffer yard of seventy-five-foot width shall be required in the
R-5 and R-6 Districts along the boundaries between each such district
and the R-1, R-2, R-3, and R-4 Districts.
(3)
A buffer yard of seventy-five-foot width shall be required along
the boundaries of the R-4 District, and retirement community tract,
and any adjacent R-1, R-2 or R-3 Districts.
(4)
In cases of a parcel of land being developed pursuant to the TCAA
Overlay District regulations, a minimum buffer yard of 10 feet shall
be required along the boundary of the neighboring R-1, R-2, R-3, R-4,
R-5 and R-6 Districts. The buffer shall consist of a decorative wall,
fencing and dense planting, or any combination thereof.
C.
Buffer yard regulations shall be as follows:
(1)
No outdoor processing or manufacturing activity and
no outdoor storage of materials or parking lot or accessory building
be so located as to be visible from the adjacent residential district.
(2)
The width of buffer yard shall be measured from the
district boundary line or from the street line where a street serves
as the district boundary line.
(3)
The buffer yard may be coterminous with the required
front, side or rear yard, and in case of conflict the larger yard
requirements shall apply.
(4)
No structure, manufacturing or processing activities,
parking or storage of materials shall be permitted in the required
buffer yard; with the exception of necessary access roads and walks.
D.
The screen planting shall be required in all buffer
yards and shall be in accordance with the following specifications:
(1)
Plant materials used in the screen plantings shall
be evergreen trees at least six feet in height when planted. Trees
shall be planted with at least a double row having a staggered arrangement
with a minimum of six feet and a maximum of 10 feet between rows.
The spacing of trees within the rows shall be such as to cover at
least 50% of the projected linear area to be screened when planted.
Figure 709 illustrates the above tree arrangement.[1]
[1]
Editor's Note: Figure 709 is included at the end of this chapter.
(2)
The screen planting shall be maintained permanently
and any plant material which does not live shall be replaced within
one year.
(3)
In accordance with the provisions of § 185-27, a clear-sight triangle shall be maintained at all street intersections and all points where private accessways intersect public streets.
(4)
The screen plantings shall be broken only at points
of vehicular or pedestrian access.
(5)
In addition, all buffer yards shall be planted with
grass seed, sod or ground cover, and shall be maintained and kept
clean of all debris, rubbish, and weeds in conformance with existing
regulations.
E.
Plans.
[Amended 10-4-2016 by Ord. No. 442]
(1)
Prior to the issuance of any zoning permit, complete
plans showing the arrangement of all buffer yards and the placement,
species, and size of all plant material and the placement, size, materials
and type of all fences to be placed in such buffer yards shall be
reviewed by the Township Engineer, after which the Township Engineer
shall certify to the Zoning Officer that the plans are in conformance
with the terms of this chapter.
(2)
The Township Engineer in his/her review of the species
and placement of screen planting materials shall confirm that, in
addition to conformance with the screen planting specifications contained
in this section, the species and placement have a high probability
of producing a dense visual screen at 10 years from the time of planting.
F.
Any lot which is not in conformity with the screen
planting requirements of this section on the effective date of this
chapter shall be brought into conformity by the title owner no later
than three years after such effective date, provided that:
(1)
No other requirement of the chapter will be violated
thereby.
(2)
If the size and shape of the lot or the location of
the structures are such as to prevent compliance with the buffer yard
and screen planting requirements of this chapter, the owner shall
apply to the Township Zoning Officer for a certificate of nonconformity
for the buffer yard and/or screen planting requirement.
(3)
The Zoning Officer will determine the facts of such
nonconformity and shall grant a certificate of nonconformity with
recommendation by the Upper Southampton Township Engineer, appropriate
to attain the purposes of the buffer yard and screen planting requirements
of this chapter.
[Amended 10-4-2016 by Ord. No. 442]
[Amended 1-21-1992 by Ord. No. 294]
A.
No highly flammable or explosive liquids, solids or
gases shall be stored in bulk aboveground, except tanks or drums of
fuel directly connecting with energy devices, heating devices, or
appliances, located and operated on the same lot as the tanks or drums
of fuel, and/or liquefied petroleum gases for retail sale or delivery.
B.
All outdoor storage facilities for fuel, raw materials
and products, and all fuel, raw materials and products stored outdoors
shall be enclosed by a safety fence approved by the Township Engineer.
Fuel storage tanks shall be enclosed by an earthen moat, or embankment
of sufficient height to contain a liquid volume in excess of the capacity
of the enclosed storage tanks.
C.
No materials or waste shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or water.
D.
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in containers which are adequate to eliminate such hazards.
A.
For purposes of this section the term "environment"
includes water, air and land and the interrelationship which exists
among and between water, air and land and all living things.
B.
A "hazardous material substance or waste" shall mean
a chemical substance or mixture which, because it may present an unreasonable
risk of injury to health, or the environment, the federal government
has regulated commerce with respect thereto, or the Commonwealth of
Pennsylvania has regulated the management thereof; provided, however,
there shall not be included in such definition any chemical substance
or mixture which by reason of the nature or amount thereof the Board
of Supervisors finds that, from evidence presented, even if improperly
handled, in the event of mechanical failure, or any occurrence whatsoever,
could not produce carcinogenesis, mutagenesis, teratagenesis, behavioral
disorders, cumulative or synergistic effects, or any other effect
presenting a risk of injury to health or the environment.
C.
No use shall permit the disposal, or the testing of
disposal, of a hazardous material, substance or waste.
[Amended 12-1-1987 by Ord. No. 249; 1-21-1992 by Ord. No.
294]
It is recognized that signs perform important
functions in identifying residences and businesses. It is hereby found
and declared, however, that minimum control of signs is necessary
to promote the health, safety and general welfare by lessening hazards
to pedestrian and vehicular traffic, by preserving property values,
by preventing unsightly and detrimental development which has a blighting
influence upon residential, business and industrial uses, by preventing
signs from reaching such excessive size that they obscure one another
to the detriment of all concerned, and by securing certain fundamentals
of design for the Township.
A.
Definitions and general sign regulations.
(1)
AREA OF SIGN
(a)
(b)
(c)
ELECTRICALLY OR MECHANICALLY CONTROLLED DISPLAY SIGN
ILLUMINATION OF SIGNS
(a)
(b)
(c)
(d)
LOCATION OF SIGNS
(a)
(b)
(c)
(d)
(e)
SIGN
TYPES OF SIGNS
(a)
(b)
(c)
(d)
As used in this section, the following terms shall
have the meanings indicated:
Shall be construed to include all lettering,
wording, and accompanying designs and symbols, together with the background,
whether upon or enclosed, on which they are displayed, but not including
any supporting framework and bracing which are incidental to the display
itself.
Where the sign consists of individual letters
or symbols attached to a building, wall, or window, the area shall
be considered to be that of the smallest rectangle or other regular
geometric shape which encompasses all the letters and symbols.
In computing square foot area of a double-face
sign, only one side shall be considered, provided both faces are identical.
If the interior angle formed by the two faces of the double-faced
sign is greater than 45°, then both sides of such sign shall be
considered in calculating the sign area.
A digital display that is located on and/or is part of a
freestanding sign or parallel sign whose message or display area is
controlled by electrical or mechanical means. The light-emitting source
of the display may be by lamp bulbs, light-emitting diodes, or reflected
light with fluorescent or other illuminating devices.
[Added 8-6-2013 by Ord. No. 419]
DIRECTLY ILLUMINATED SIGNA sign designed to give forth artificial illumination directly (or through transparent or translucent material) from a source of light within such sign, including but not limited to neon and exposed lamp signs. Festoon lighting is a directly illuminated sign comprised of either a group of incandescent light bulbs hung or strung overhead or on a building or structure, or light bulbs not shaded or hooded or otherwise screened to prevent the direct rays of the light from shining on an adjacent property or right-of-way.
INDIRECTLY ILLUMINATED SIGNA sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign.
FLASHING SIGNAn illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
NONILLUMINATED SIGNA sign which is not illuminated either directly or indirectly.
ON-PREMISES SIGNA sign which directs attention to an activity conducted on the same lot.
OFF-PREMISES SIGNA sign which directs attention to an activity not conducted on the same premises.
ADVERTISING SIGNAn off-premises sign which advertises or otherwise directs attention to a commodity, business, industry, home occupation or other similar activity which is sold, offered or conducted elsewhere than on the lot upon which such sign is located.
BUSINESS SIGNAn on-premises sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted, other than incidentally, on the premises upon which such sign is located, or to which it is affixed.
OFFICIAL SIGNSigns erected or installed by the state, county or Township, or other governmental unit, giving notice of a permitted or prohibited activity under a statute, ordinance or resolution duly enacted pursuant to law. No permit fee shall be required for the erection or installation of official signs.
Any permanent or temporary structure or part thereof, or
any device attached, painted, or represented directly on a structure
or other surface that shall display or include any letter, word, insignia,
flag, or representation used as or in the nature of an advertisement,
announcement, visual communication or direction, or which is designed
to attract the eye or bring the subject to the attention of the public.
FREESTANDING SIGNA self-supporting sign resting on or supported by means of poles or standards either on the ground or on the roof of a building. The height of freestanding signs shall be measured from the center point of the sign at ground level to the highest point of the sign.
PARALLEL SIGNA sign mounted parallel to a wall or other vertical building surface. Parallel signs shall not extend beyond the edge of any wall or other surface to which they are mounted, or shall not project more than 18 inches from its surface.
PROJECTING SIGNAny sign mounted to a wall or other vertical building surface other than a parallel sign. Projecting signs shall not project over an existing or proposed right-of-way more than two feet from the wall or surface to which they are mounted nor in any way interfere with normal pedestrian or vehicular traffic, or otherwise be an obstruction as defined in Subsection A(2)(b).
PORTABLE SIGNA sign mounted on wheels or other movable structure not attached to the ground, not including vehicular signs.
(2)
General sign regulations.
(a)
Prohibition. Flashing signs and festoon signs shall not be permitted in any zoning district. Advertising signs that constitute an obstruction as defined in Subsection A(2)(b) hereof shall not be permitted in any zoning district.
[Amended 8-6-2013 by Ord. No. 419]
(b)
Obstruction. No sign shall be so located or
arranged that it interferes with traffic through glare, through blocking
of reasonable sight lines for streets, sidewalks or driveways, through
confusion with a traffic control device (by reason of color, location,
shape or other characteristics), or through any other means. No sign
shall violate the corner visibility restrictions of this chapter.
(c)
Maintenance. All signs permitted in this article
must be constructed of durable materials and must be kept in good
condition and repair. Any sign which is allowed to become dilapidated
shall be removed by the Township at the expense of the owner of the
property on which it is located.
(d)
Nonconforming signs. Signs existing at the time
of passage of Ordinance No. 119, which were legally erected, and which
do not conform with the requirements of the ordinance shall be considered
nonconforming signs and once removed shall be replaced only with conforming
signs. Nonconforming signs may be repainted or repaired (including
lighting), provided such repainted or repaired sign does not exceed
dimensions of the existing sign; wording may also be changed.
(e)
Permit required. All on-premises signs over two square feet in area and all off-premises signs, except those erected under Subsection B(1)(i) and (j) of this section, regardless of size shall require the issuance of a zoning permit before erection or replacement. All signs must comply with all of the regulations contained herein, regardless of whether a permit is required.
(f)
Separate frontage. If any establishment has
walls fronting on two or more streets, the sign area for each street
may be computed separately.
(g)
Prohibition against signs in street lines. No
signs except those of a duly constituted governing body, including
traffic signs and similar regulatory notice, shall be allowed within
street lines.
[Amended 7-6-1999 by Ord. No. 335]
(h)
Yard requirements. No portion of a freestanding
sign shall be located closer to any lot line than 1/2 the required
yard for the district in which it is located. If this requirement
cannot be met, on properties in use on the effective date of this
chapter, no portion of a freestanding sign shall be located closer
to any lot line than 1/2 the existing front yard.
(i)
Zoning information. No sign shall be erected,
containing information which states or implies that a property may
be used for any purpose not permitted under the provisions of the
this chapter in the zoning district in which the property to which
the sign relates is located.
(j)
Vehicular signs. Any vehicle to which a sign
is affixed in such a manner that carrying such sign or signs no longer
is incidental to the vehicle's primary purpose but becomes a primary
purpose in itself shall be considered a freestanding sign and as such
be subject to the provisions regarding freestanding signs in the district
in which such vehicle is located.
(k)
Portable sign. No portable sign shall be permitted
in any district.
(l)
No sign shall be permitted to depict any conduct,
activity, person or object which depiction would constitute pornographic
material if sold to a child under 18 years of age.
[Amended 3-18-2003 by Ord. No. 356]
(m)
No pennants, streamers or flags may be used
for promotional or advertising purposes.
(n)
Temporary signs for promotions may be displayed
or erected no more than two weeks prior to the commencement of the
promotion or activity advertised and shall be removed no later than
two days after the conclusion of the promotion or event advertised.
[Added 3-18-2003 by Ord. No. 356]
(o)
Electrically or mechanically controlled display sign. An electrically
or mechanically controlled display sign (hereafter "EMCD") is permitted
as a special exception in accordance with the following standards
and conditions:
[Added 8-6-2013 by Ord. No. 419]
[1]
An EMCD may be located along Street Road and Second Street Pike
in the RS Retail Sales District, CC Controlled Commercial District
and LI Light Industrial District on properties with at least 100 feet
of road frontage on such roads.
[2]
An EMCD shall not exceed a brightness level of 0.3 footcandle
above ambient light as measured from a preset distance depending on
the sign size. Measuring distance shall be determined by taking the
square root of the sum of 100 plus the area of the sign in square
feet. For example, a twelve-square-foot sign would result in a 10.6-foot
measuring distance [10.6 = the square root of (100 + 12)]. The test
for measuring brightness level shall be the difference in footcandles
between when the sign is off and when the sign is illuminated.
[3]
The color and brightness of the message/display of the EMCD shall meet the standards established at § 185-58. All EMCDs shall come equipped with automatic dimming technology so that the EMCD automatically adjusts its brightness in direct correlation with the ambient light.
[4]
The message/display shall not change at intervals of less than
60 seconds and shall not blink or flash at any time.
[5]
The message/display shall be static and shall not move in any
direction, scroll, be animated or otherwise move.
[6]
The time interval used to change from one complete message/display
to the next complete message/display shall be a maximum of one second.
[7]
The message/display shall not use or employ visual dissolving
or fading techniques in which any part of one message/display appears
simultaneously with any part of a second message/display.
[8]
An EMCD shall be located on and/or part of a freestanding or
parallel sign only and shall have an area of not more than 16 square
feet. The aspect ratio (height to length) shall not be more than 1
to 2.25. The maximum length of a sign shall be six feet.
[9]
Only one EMCD is permitted on a property.
B.
Signs in residential districts.
(1)
On-premises signs. In R-1, R-2, R-3, R-4, R-5, and
R-6 Zoning Districts, no on-premises sign shall be permitted, except
as follows:
(a)
One nonilluminated sign advertising the sale
of agricultural produce raised on the premises, where such sale is
permitted, not to exceed 12 square feet in area.
(b)
Nonilluminated signs displayed strictly for
the direction, safety, or convenience of the public, including signs
which identify rest rooms, telephone booths, parking area entrances
or exits, freight entrances or the like, provided the area of any
such sign shall not exceed two square feet.
(c)
Flags representing governmental, educational,
or religious organizations.
(d)
One nonilluminated sign posted in conjunction
with door bells or mailboxes, provided that the area of any such sign
shall not exceed 36 square inches.
(e)
One nonilluminated sign or indirectly illuminated sign displaying only the name and address of the occupant of a premises, provided that the area of any such sign shall not exceed 200 square inches. The provisions of Subsection B(1)(h) do not apply to this type of sign.
(f)
One nonilluminated or indirectly illuminated
sign for home occupations or accessory offices, indicating only names
of persons and their occupations, provided that the area of any such
sign shall not exceed one square foot.
(g)
One nonilluminated or indirectly illuminated announcement board or identification sign for a permitted nonresidential building or use provided that the area of any such sign shall not exceed the provisions of Subsection D(1)(c).
(h)
One nonilluminated or indirectly illuminated
sign in connection with a lawfully maintained nonconforming use, provided
that the area of any such sign shall not exceed 12 square feet.
(i)
One nonilluminated sign advertising the sale
or rental of the premises upon which said sign has been erected, or
one sign indicating that such premises have been sold or rented, provided
that the area of any such sign shall not exceed six square feet and
such signs shall be removed within 20 days after an agreement of sale
or rental has been entered into.
(j)
Temporary nonilluminated sign of mechanics or
artisans may be erected and maintained during the period such persons
are performing work on the premises on which such signs are erected,
provided that such sign shall be removed upon completion of work by
the mechanic or artisan and the total area of all such signs shall
not exceed 24 square feet.
(k)
Signs announcing "no trespassing"; signs indicating
the private nature of a road, driveway, or premises; and signs controlling
fishing or hunting on the premises, provided that the area of any
such sign shall not exceed four square feet.
(l)
Nonilluminated or indirectly illuminated memorial
signs or historical signs or tablets.
(2)
Off-premises signs. Off-premises signs are not permitted
except as follows. Signs permitted within this section may also be
on-premises signs.
(a)
Signs necessary for the direction, regulation,
and control of traffic, street-name signs, legal notices, warnings
at railroad crossings, and other official signs which are similarly
authorized or erected by a duly constituted governmental body.
(b)
Temporary signs advertising political parties
or candidates for election may be erected or displayed and maintained
without an application, permit or escrow, provided that:
[Amended 7-6-1999 by Ord. No. 335; 12-3-2002 by Ord. No.
354]
[1]
The size of any such sign is not in excess of
12 square feet.
[2]
The signs shall not be erected or displayed
earlier than 70 days prior to the election to which they pertain.
All such signs shall be removed within 20 days after the date of the
election to which such signs relate.
[3]
No signs shall be permitted within the street
line, nor shall any sign be affixed to any telephone or electric company
pole or affixed to any traffic signal pole in the Township. The Township
may remove such signs for noncompliance.
(c)
Temporary, nonilluminated signs directing persons
to temporary exhibits, shows, or events located in the Township may
be erected subject to the following requirements:
(d)
Nonilluminated signs used for directing patrons,
members, or audience to service clubs, churches, or other nonprofit
organizations, provided the signs shall indicate only the name of
the facility and the direction to the facility and shall not exceed
four square feet in area.
(3)
Height restrictions.
(a)
Freestanding roof signs are prohibited. Freestanding
ground signs may not exceed six feet in height.
(b)
Parallel and projecting signs or portions of
such signs shall not be located above the ceiling of the ground floor
of any building, or more than 12 feet above the upper surface of the
nearest curb, whichever is less.
C.
Signs in commercial districts.
(1)
On-premises signs. In the RS and CC Commercial Zoning
Districts, no on-premises signs shall be permitted except as follows:
(a)
All signs permitted in Subsection B(1) at the standards prescribed therein, except as otherwise provided in this subsection.
(b)
Parallel and projecting business signs, provided:
[1]
The total area of all parallel and projecting
signs for each establishment shall not exceed two square feet for
each foot of the front building wall or length of that portion of
such wall which is devoted to such establishment.
[2]
If such establishment does not occupy any floor
area on the ground level of the building, other than an entryway,
the maximum area of such signs per foot of length of the front building
wall or portion thereof shall be only one square foot.
[3]
Signs painted on or affixed to the inside of
windows shall be included in this computation.
[4]
In no case, however, may the total area of parallel
and projecting signs exceed 25% of the area of the wall (including
window and door area and cornices) to which they are attached.
(c)
Freestanding business signs, provided:
[1]
Only one such sign shall be permitted on each property except as provided in Subsection A(2)(f).
[2]
The area of any such sign shall not exceed 25
square feet.
[3]
Signs mounted or otherwise affixed to the roof
on a building are permitted on one story buildings provided such sign
does not extend more than four feet above the roof line.
[4]
Freestanding business signs shall not reach
an elevation greater than 10 feet as measured from the elevation of
the curb or from the outer edge of the shoulder. However, if at a
permitted sign location, grade level is higher than the curb or shoulder
elevation then the height of the sign shall be measured from the elevation
at that point.
(d)
Nonilluminated, indirectly illuminated, or directly
illuminated business signs.
D.
Signs in industrial districts.
(1)
On-premises signs. No on-premises signs shall be permitted
in CI and LI Industrial Districts except as follows:
(b)
One nonilluminated or indirectly or directly
illuminated parallel or projecting sign, subject to the following
provisions:
[1]
The total area of any parallel sign shall not
exceed three square feet for each foot of length of the front building
wall or length of the portion of such wall which is devoted to such
establishment, or 300 square feet, whichever is smaller.
[2]
Signs painted or affixed to the inside or outside
of windows shall be included in this computation.
E.
Permits.
(1)
Permit required. It shall be unlawful to erect, construct,
or alter any sign in Upper Southampton Township without first filing
with the Department of Licenses and Inspections an application in
writing and obtaining a formal permit.
(2)
Application form. An application for a permit for
the erection, construction or alteration of a sign in Upper Southampton
Township shall be submitted on such form as the Department of Licenses
and Inspections may prescribe, and such application shall contain
the full names and addresses of the applicant, the owner of the premises
whereon a sign is to be erected, constructed or altered, and the person
or firm engaged to erect, construct or alter such sign. The application
shall contain the affidavits of the owner of the fee authorizing the
application and the work described therein.
(3)
Plans to accompany application. Applications for permits
for the erection, construction or alteration of signs shall be accompanied
by drawings of the proposed work, drawn to scale, showing the structural
details of the sign and such other details as the Department of Licenses
and Inspections may require.
(4)
Fees. All applicants for permits for the erection,
construction or alteration of signs shall, at the time of making such
application, pay to the Department of Licenses and Inspections for
the use of the Township a fee in accordance with the effective fee
schedule adopted by resolution of the Board of Supervisors.
[Amended 12-1-1987 by Ord. No. 249; 4-3-1990 by Ord. No.
275; 1-21-1992 by Ord. No. 294]
A.
Applicability. The following standards shall govern
the erection, construction, maintenance and use of in-ground and aboveground
swimming pools, hot tubs, and spas, public or private, within any
district in the Township, except for aboveground plastic wading pools
which are not capable of containing 12 inches or more of water in
depth.
B.
ABOVEGROUND/ON-GROUND SWIMMING POOL
BARRIER
HOT TUB/SPA
IN-GROUND POOL
SWIMMING POOL
Definitions. The following words or phrases shall
have, for the purpose of this section, the meanings given below:
A removable swimming pool of any shape that has walls and
an impervious liner that is located on the surrounding earth and may
be disassembled or stored and reassembled to its original integrity.
A fence, wall, building wall or combination thereof.
A structure containing water intended for recreational use,
in which all controls, water-heating and water-circulating equipment
are an integral part of the product.
A permanent swimming pool in which the surface of the water
is approximately level with the surrounding ground surface and the
volume of water is below ground level.
Any structure, intended for swimming and/or diving purposes,
made of concrete, masonry, metal or other man-made impervious material
or a combination thereof, and that has a water depth of 12 inches
or more. This includes in-ground, aboveground/on-ground swimming pools
and hot tubs/spas.
C.
General regulations.
(1)
Setbacks. No swimming pool shall be erected, constructed or maintained in the required front or side yard setback area as required in § 185-22 or not less than 20 feet from any rear lot line; provided, however, that for lots of 13,500 square feet or less, the required setback shall be 10 feet.
[Amended 3-18-2003 by Ord. No. 356]
(2)
Grading and water disposal. All pool facilities shall
be graded in a manner to eliminate the hazards of erosion from neighboring
properties or streets. No water from any swimming pool shall be permitted
to enter upon or into any public roadway, street, land, or alley,
or onto any neighboring property.
(3)
Water purification. Every swimming pool must be provided
with a water purification or filter system which is capable of maintaining
water purity to standards established by the Bucks County Department
of Health.
(4)
Lighting. A swimming pool may be lighted by underwater
or exterior lights, or both, provided all exterior lights are located
so that the light is neither directed nor reflected upon adjacent
properties in such a manner as to be a nuisance or an annoyance to
neighboring properties. All lighting shall be in compliance with the
applicable National Electrical Code.
(5)
A swimming pool shall be provided as defined herein
with a barrier that completely surrounds the swimming pool which shall
comply with the following:
(a)
The top of the barrier shall be at least 48
inches (four feet) above grade measured on the side of the barrier
which faces away from the swimming pool. The maximum vertical clearance
between grade and the bottom of the barrier shall be two inches measured
on the side of the barrier which faces away from the swimming pool.
Where the top of the pool structure is above grade, such as an aboveground
pool, the barrier may be at ground level or mounted on top of the
pool structure. Where the barrier is mounted on top of the pool structure,
the maximum vertical clearance between the top of the pool structure
and the bottom of the barrier shall be two inches.
(b)
Openings in the barrier shall not allow passage
of a four-inch-diameter sphere.
(c)
Solid barriers which do not have openings, such
as masonry or stone wall, shall not contain indentations or protrusions
except for normal construction tolerances and tooled masonry joints.
(d)
Where the barrier is composed of horizontal
and vertical members and the distance between the tops of the horizontal
members is less than 45 inches, the horizontal members shall be located
on the swimming pool side of the fence. Spacing between vertical members
shall not exceed 1 3/4 inches in width. Where there are decorative
cutouts within vertical members, spacing within the cutouts shall
not exceed 1 3/4 inches in width.
(e)
Where the barrier is composed of horizontal
and vertical members and the distance between the tops of the horizontal
members is 45 inches or more, spacing between vertical members shall
not exceed four inches. Where there are decorative cutouts within
vertical members, spacing within the cutouts shall not exceed 1 3/4
inches in width.
(f)
Maximum mesh size for chain link fences shall
be a 1 1/4 inch square unless the fence is provided with slats
fastened at the top or the bottom which reduce the openings to no
more than 1 3/4 inches.
(g)
Where the barrier is composed of diagonal members,
such as a lattice fence, the maximum opening formed by the diagonal
members shall be no more than 1 3/4 inches.
(h)
Access gates shall comply with the requirements of Subsections C(5)(a) through (g) above, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device, where the release mechanism of the self-latching device is located less than 54 inches from the bottom of the gate.
(i)
Where a wall of a dwelling serves as part of
the barrier, direct access to the pool through the wall shall be limited
to doors and windows which meet the following conditions:
[1]
Windows leading to the pool area shall have
a latching device at least 54 inches above the floor.
[2]
Hinged doors leading to the pool area shall
be self-closing and shall have a self-latching device. The release
mechanism of the self-latching device shall be located at least 54
inches above the floor.
(j)
Barriers shall be located so as to prohibit
permanent structures, equipment or similar objects from being used
to climb barriers.
(k)
No overhead electrical conductors shall be installed
or maintained within 15 feet of any swimming pool or pond. All metal
fences, enclosures or railings near or adjacent to a swimming pool
or pond to which bathers have access and which may become electrically
alive as a result of contact with broken overhead conductors, or from
any other cause, shall be effectively grounded.
D.
Special regulations for public swimming facilities.
(1)
Purity tests. The waters of public swimming pools
or ponds shall be tested for purity in accordance with the rules and
regulations of the Bucks County Department of Health.
(2)
Lifeguard protection. If persons other than the owner
of a swimming pool or pond and his family are admitted to the pool
for a fee, adequate lifeguard protection must be provided.
(3)
Recreational facilities. Picnic or general recreational
facilities in conjunction with a swimming pool shall be considered
an accessory use thereof, and shall not be closer than 50 feet to
any lot line.
(4)
Bathhouse and equipment. Bathhouses and clubhouses
for the comfort and convenience of persons using a public swimming
pool or pond may be erected, provided they shall not be closer than
50 feet to any lot line. The sale or rental of equipment or accommodations
in any bathhouse or clubhouse shall be limited to such items as are
customarily incidental to swimming and general recreation.
E.
Swimming pool permits.
(1)
Applicability. A zoning permit in accordance with § 185-75 of this chapter shall be required to locate, construct or maintain a swimming pool, hot tub, or spa, except for aboveground wading pools which are not capable of containing 12 inches or more of water in depth.
(2)
Excavation. No excavation shall begin until the pool
is staked out and inspected.
(3)
Filling. No water shall be permitted in the pool until
all required barriers are erected and all latches are installed, or
appropriate temporary barriers as approved by the Township are in
place.
(4)
Drainage. At the time of application for a zoning
permit it shall be demonstrated that the drainage of a pool is adequate
and will not interfere with the water supply system, connect to public
sewage facilities, or drain into a neighboring property, or a public
street.
[Amended 6-16-2009 by Ord. No. 393]
Mobile homes shall be permitted as a special
exception in all zoning districts, subject to the following:
A.
A mobile home used as a detached dwelling unit shall
be subject to all applicable regulations in this or other ordinances.
B.
A special exception permit may be issued for a mobile
home to be used for a purpose permitted in any district for circumstances
of a nonrecurring nature subject to the following additional provisions:
