[Ord. 146, 1/10/2008]
The provisions of this chapter shall be subject to such exceptions,
additions or modifications as herein provided by the following supplemental
regulations.
[Ord. 146, 1/10/2008]
1.
Residential Uses. Where a lot or tract is used for a residential
purpose, no more than one principal building shall be located upon
the said lot or tract except as specifically provided for in this
chapter.
2.
Nonresidential Uses. Where a lot or tract is used for a nonresidential
purpose, more than one principal building may be located upon the
lot or tract, but only when such buildings conform to all open space
and yard requirements around the lot for the district in which the
lot or tract is located.
3.
Condominium Developments. Residential subdivisions and land developments
with multiple uses and/or structures may be developed in conformance
with the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et
seq., where such uses are permitted, as per the following provisions:
A.
Said development shall be approved as a land development.
B.
The maximum density established for each residential zoning district
shall not be exceeded.
C.
While individual lot or property lines are optional, residential
structures shall be located such that resubdivision may occur in compliance
with area and dimensional standards for lots in the zoning district
where the condominium development is located. The entire development
must comply with applicable setback requirements; however, where individual
units are sold as a condominium, such units must comply with applicable
setback requirements excluding minimum lot size, minimum lot width
and internal setback side yard.
D.
All occupants of dwelling units in a condominium development shall
belong to an established condominium association.
E.
Condominium developments shall be served by and connected to a public
sewer system and public water system at the cost of the landowner
and/or developer.
[Ord. 146, 1/10/2008]
No living quarters other than a game or recreational room shall
be placed in a cellar structure or in any other room or space having
less than 1/2 its height (floor to ceiling) above the average ground
level as measured from front to rear of the structure.
[Ord. 146, 1/10/2008]
In order to prevent the creation of a traffic hazard by limiting
visibility at a street intersection, no structure, building, earthen
bank or vegetation exceeding three feet in height above the finished
paved area at the center of the roadway shall be allowed within the
clear sight triangle.
[Ord. 146, 1/10/2008]
No accessory building shall be constructed upon a lot until
the construction of the principal building has actually been commenced,
and no accessory building, structure, or use shall be located in the
front yard of any lot. Except as provided elsewhere in this chapter,
no accessory building shall be used for residential purposes. Provided,
however, that one residential unit for a caretaker may be permitted
in conjunction with any industrial establishment.
[Ord. 146, 1/10/2008]
Subject to the following conditions, fences and/or hedges may
be erected along the boundaries of a lot:
A.
Fences, hedges or other plantings, structures or walls at street
corners shall not be located so as to interfere with the clear sight
triangle on corner lots. The height of such objects is restricted
to three feet above the center line of the adjacent road surface within
the clear sight triangle.
B.
In all residential districts and commercial districts, fences may
be erected to a height not exceeding six feet.
C.
No barbed wire or other sharp pointed material shall be used in the
construction of a fence unless said material is at least eight feet
above the ground level, except where used to contain livestock.
[Ord. 146, 1/10/2008]
No lot or premises shall be used as a storage area for junk
vehicles, appliances or the storage or collection of any other junk
or miscellaneous items unless permitted within the I Industrial District
or as permitted by Part 19, Nonconforming Uses, Structures and Lots.
[Ord. 146, 1/10/2008]
1.
Township facilities or other similar governmental buildings, hospitals,
public institutions or schools, when permitted in a district, may
be erected to a height not exceeding 60 feet, and churches or temples
may be erected to a height not exceeding 65 feet if the building is
set back from each yard line at least one foot for each additional
two feet of building height above the maximum height limit otherwise
provided in the district in which the building is located.
2.
Special industrial structures such as cooling towers, elevator bulkheads,
fire towers, tanks, or water towers which require a greater height
than provided in the district may be erected to a greater height than
permitted provided:
3.
The height limitations of this chapter shall not apply to flagpoles,
church spires, belfries or chimneys.
[Ord. 146, 1/10/2008; as amended by Ord. 154, 9/1/2009, § 9]
[Ord. 146, 1/10/2008]
Deep Lots. For purposes of measuring lot area on exceptionally
deep lots, only the part of the depth which is less than four times
the average width of the lot may be utilized in calculations.
[Ord. 146, 1/10/2008]
Mineral extraction in any district other than the RA and I Districts is considered a nonconforming use. Mineral extraction in the RA and I District is subject to the conditional use provisions of § 27-1539.
[Ord. 146, 1/10/2008]
A patio as defined in this chapter may extend into the front,
side, or rear yards of the principal building. A patio is not considered
a part of the principal building and is therefore permitted to extend
into any required yards.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 16]
Private swimming pools, in districts where permitted, shall
comply with the following conditions and requirements:
A.
The pool is intended and is to be used solely for the enjoyment of
the occupants of the principal use of the property on which it is
located.
B.
It may be located only in the rear yard or side yard of the property
on which it is an accessory use.
C.
It may not be located, including any walls or paved areas or accessory
structures adjacent thereto, closer than five feet to any property
line of the property on which located.
[Ord. 146, 1/10/2008]
Trailers and recreational vehicles, as defined within the terms
of this chapter and including travel trailers, pickup coaches, motorized
homes and boat trailers, may be parked or stored subject to the following
requirements.
A.
Recreational vehicles and trailers belonging to persons other than
the owner of the property may be temporarily parked on a residential
property (in an area other than the front yard) in residential districts
provided a temporary permit is obtained from the Township. Such temporary
permits shall be limited to a maximum of one consecutive two-week
period in any one calendar year.
B.
Permanent parking and storing of recreational vehicles and trailers
shall be limited to the interior of automobile garages or other available
on-lot accessory buildings or to that portion of the lot behind the
principal residential building.
[Ord. 146, 1/10/2008]
No lot area, though it may consist of one or more adjacent lots
of record, shall be reduced in area so that the yard lot area per
family, lot width, building area or other requirements of this chapter
are not maintained, public utilities excepted.
[Ord. 146, 1/10/2008]
Notwithstanding the limitations imposed by any other provisions
of this chapter, the Zoning Officer may permit erection of a structure
on any lot of record separately owned or under contract of sale and
containing, at the time of the passage of this chapter, an area or
a width smaller than that required in this chapter. In no case shall
any structure be permitted within six feet of a lot line as measured
at the building line. It shall be the responsibility of the Zoning
Officer to review all permits issued under this section with the Board
of Supervisors prior to issuing said permit.
[Ord. 146, 1/10/2008]
Only the following uses are permitted temporarily (from a period
of one to four weeks in one calendar year).
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 17]
1.
All yards required to be provided under this chapter shall be unobstructed
by any building or structure except for accessory buildings in the
rear and side yards, and fences.
2.
The following may project into the required yards as established
in this chapter.
A.
Steps and stoops not exceeding 24 square feet.
B.
Open or lattice enclosed fire escapes, fireproof outside stairways
and balconies opening upon fire towers and the ordinary projection
of chimneys and flues into the rear yard not exceeding 3 1/2
feet in width and placed so as not to obstruct light or ventilation.
C.
Sills, eaves, belt courses, cornices and ornamental features not
exceeding two feet in width.
D.
Patios.
3.
The front yard requirements heretofore established shall be adjusted
in the following cases:
A.
Where a building is to be erected on a parcel of land that is within
100 feet of existing buildings on both sides, the minimum front yard
may be a line drawn between the two closest front cornices of the
adjacent structures on the two sides.
B.
Irregular Lots. Where any main wall of a structure located on any
irregularly shaped lot does not parallel the lot line which the wall
faces, the yard or minimum distance to the lot line at every point
shall be at least equal to the minimum dimension required for the
yard or distance to the lot line.
4.
A lease parcel related to a an unmanned communications tower or unmanned
essential services shall not be required to comply with the minimum
lot size, minimum lot width and maximum lot coverage requirements
of the zoning district in which the lease parcel is located provided
that the fee simple lot on which the proposed unmanned communications
tower or unmanned essential services are located complies with these
requirements.
[Ord. 146, 1/10/2008]
No-impact home-based businesses, which comply with the definition
and standards of this chapter, shall be permitted as an incidental
use to any principal dwelling unit in all residential zoning districts
as long as the business or commercial activity satisfies the following
requirements, except that such permission shall not supersede any
deed restriction, covenant or agreement restricting the use of the
land, nor any master deed, bylaw or other document applicable to a
common interest ownership community.
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
The business shall employ no more than one employee other than family
members residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use including,
but not limited to, signs, parking or lights.
E.
There shall be no more than one off-street parking space located
on the subject property behind the building line in addition to those
off-street parking spaces required for the principal use.
F.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
G.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
H.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
I.
The business shall not involve any illegal activity.
[Ord. 146, 1/10/2008; as amended by Ord. 173, 8/5/2014, §§ 1,
33]
1.
A building-mounted communications antenna shall not be located on
any single-family dwelling or two-family dwelling.
2.
A building-mounted communications antenna shall be permitted to exceed
the height limitations of the applicable zoning district by no more
than 20 feet.
3.
An omnidirectional or whip communications antenna shall not exceed
20 feet in height and seven inches in diameter.
4.
A directional or panel communications antenna shall not exceed five
feet in height and three feet in width.
5.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit evidence from a Pennsylvania
registered engineer certifying that the proposed installation will
not exceed the structural capacity of the building or other structure,
considering wind and other loads associated with the antenna location.
6.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit detailed construction and
elevation drawings indicating how the antenna will be mounted on the
building or structure for review by the Township Engineer for compliance
with applicable building codes and other applicable law.
7.
Any applicant proposing a communications antenna to be mounted on
a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antenna is to be mounted so that installation and maintenance
of the antenna and any communications equipment building can be accomplished.
8.
A communications antenna shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
9.
A communications antenna shall not cause radio frequency interference
with other communications facilities located in the Township in contravention
of any regulations promulgated by the Federal Communications Commission
or any other applicable Federal, State or local regulations.
10.
All communications equipment buildings shall comply with the yard,
height and other requirements and restrictions applicable to principal
structures located in the same zoning district.
11.
The owner or operator of any communications antenna shall be licensed
by the Federal Communications Commission to operate such antenna.
[Ord. 146, 1/10/2008]
1.
The number of residents shall be limited to no more than six persons.
2.
Where applicable, a license or certification shall be obtained from
the Commonwealth of Pennsylvania or County of Allegheny prior to the
issuance of a certificate of occupancy.
3.
The operator of the group residence shall provide to the Zoning Officer
with a floor plan, drawn to scale, clearly delineating all rooms or
sleeping areas, all points of ingress and egress to the facility and
the interior circulation plan indicating the flow of traffic on the
site and primary point or points of vehicular access.
4.
A change in ownership or operators of the group residence or a change
in basic operating procedures or general service provisions or conditions
of approval shall constitute a new use requiring a zoning permit and
new occupancy permit.
[Ord. 146, 1/10/2008]
A windmill, which complies with the following requirements,
shall be permitted as an accessory use to a single-family dwelling
or an agricultural operation.
A.
The minimum lot size for a windmill shall be one acre.
B.
Only one windmill shall be permitted per lot.
C.
A windmill shall only be permitted as an accessory use to a single-family
detached dwelling or an agricultural operation.
D.
The applicant shall demonstrate that it has received all necessary
Federal, State, County and licenses, permits and approvals to operate
the windmill.
E.
The design of the windmill shall conform to applicable industry standards,
including those of the American National Standards Institute. The
applicant shall submit certificates of design compliance obtained
by the equipment manufacturers from Underwriters Laboratories, Det
Norske Veritas, Germanishcer Lloyd Wind Energies, and/or other similar
certifying organizations.
G.
A windmill shall not be climbable up to 15 feet above ground level.
A windmill shall be fitted with any anti-climbing devices recommended
by the windmill manufacturer for the type of installation proposed.
All access doors to a windmill and electrical equipment shall be locked
or fenced, as appropriate, to prevent entry by nonauthorized persons.
H.
The maximum structure height of a windmill shall be 100 feet; provided,
however, that such height may be increased by an additional 50 feet;
provided, that a certified engineer expresses an opinion that the
proposed windmill is designed and constructed in a safe and secure
manner and does not pose a threat to the health, safety or welfare
of the residents of the subject property or adjacent properties or
the general public.
I.
The blade of a windmill shall be located at least 30 feet above the
adjacent ground level.
K.
A windmill shall be setback from any property line or street right-of-way
a distance not less than the normal setback requirements for the relevant
zoning district or 1.2 times the windmill structure height, whichever
is greater. The setback distance shall be measured from the center
of the windmill base.
L.
All equipment buildings shall comply with the yard, setback, height
or other requirements and restrictions applicable to a principal structure
located in the same zoning district.
M.
If a windmill remains unused for a period of 12 consecutive months,
then the landowner shall, at its expense, dismantle and remove the
subject windmill within six months of the expiration of such twelve-month
period. The landowner shall also comply with the following requirements:
(1)
The landowner shall remove the windmill(s) and related buildings,
cabling, electrical/mechanical equipment, foundations to a depth of
36 inches and any other associated facilities.
(2)
Disturbed earth shall be graded and re-seeded.
(3)
If the landowner of the windmill fails to remove the subject
windmill and reclaim the site as required by this section, then the
Township may remove or cause the removal of the subject windmill and
reclamation of the site. Any removal or reclamation cost incurred
by the Township that is not recovered from the landowner of the windmill
shall become a lien on the property where the removal or reclamation
takes place and may be collected from the owner of the subject property
in the same manner as property taxes.
[Ord. 146, 1/10/2008]
1.
Compliance. No use, land or structure in any district shall involve
any element or cause any condition that may be dangerous, injurious
or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration,
glare, excessive traffic, attract vermin or rodents or constitute
a nuisance or be a detriment to the health, safety, moral or general
welfare of the community or to any other person or property in the
Township. All uses in all districts shall be subject to the following
standards of operation.
2.
Environmental Performance Standards. The developer shall determine the presence of environmental or natural features on any site proposed for land development and shall meet the standards of this chapter, the Subdivision and Land Development Ordinance [Chapter 22], the Stormwater Management Ordinance [Chapter 26, Part 1] and Chapter 8 of the Frazer Township Code of Ordinances, Floodplains, as amended, where applicable, for environmental protection. Site alterations, erosion and sedimentation control, regrading, filling, the clearing of vegetation or timbering and forestry activities prior to review and approval of the plans for development by the Board of Supervisors shall be a violation of this Part.
3.
Odor. Those standards for the control of odorous emissions established
by the DEP shall be applied in all zoning districts. Where an odor
is deemed offensive a duly authorized Township representative shall
refer the matter to the DEP it has jurisdiction relative to an established
airshed.
4.
Air Pollution. No emission at any point from any chimney or otherwise
of visible smoke in excess of that permitted by the agency with jurisdiction
shall be permitted.
5.
Dust, Fumes, Vapors, and Gases. The emission of dust, dirt, fly ash,
fumes, vapors or gases which can cause any damage to human health,
to animals, to vegetation, or to 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.
6.
Glare (Exterior Illumination). No use shall produce a strong, dazzling
light or a reflection of a strong, dazzling light or employ unshielded
illumination sources beyond its lot lines or onto any public or private
road. Spillover lighting shall not exceed 0.5 foot-candles per square
foot beyond the property line except as otherwise indicated.
7.
Vibrations. No use shall cause earth vibrations, or concussions detectable
beyond its lot lines without the aid of instruments, with the exception
of vibration produced as a result of temporary construction activity.
8.
Discharge. No discharge at any point into any private sewage disposal
system or stream or into the ground, of any materials in such a way
or in such manner or temperature as can contaminate any public or
private water supply or otherwise cause the emission of dangerous,
noxious or objectionable elements, or the accumulation of solid wastes
conducive to the breeding of rodents or insects, is permitted.
9.
Heat, Cold, Dampness or Movement of Air. No activities producing
heat, cold, dampness or movement of air are permitted which shall
produce any material effect on the temperature, motion or humidity
of the atmosphere at the lot line or beyond.
10.
Noise. No use in any district which by the nature of its use, operation
or activity produces noise of objectionable character or volume as
prescribed below will be permitted as measured from a property line
of the subject property. For purposes of this chapter, the noise level
will be measured in decibels (dBA) which indicate the sound pressure
level obtained from a frequency weighting network corresponding to
the A-scale on a standard sound level meter.
A.
Residential Uses. At no point on or beyond the boundary of any lot
containing a residential use shall the exterior noise level located
on such lot exceed 60 dBA for more than one hour during a twenty-four-hour
period.
B.
Commercial Uses. At no point on or beyond the boundary of any lot
containing a commercial use shall the exterior noise level located
on such lot exceed 65 dBA for more than eight hours during a twenty-four-hour
period.
C.
Industrial Uses. At no point on or beyond the boundary of a lot containing
an industrial use shall the exterior noise level located on such lot
exceed 75 dBA for a period of eight hours during a twenty-four-hour
period.
11.
Electrical Disturbance or Radioactivity. No activities which emit
dangerous radioactivity or continuous cumulative low level radiation,
at any point are permitted and no electrical disturbance adversely
affecting the operation at any point of any equipment other than that
of the creator of such disturbance shall be permitted.
12.
Vehicle and Equipment Maintenance.
A.
Unless otherwise provided herein, in the I Industrial and GC General
Commercial Zoning Districts, all movable equipment repair done on
the property shall be performed within an enclosed building, except
that minor maintenance activities may be completed on the exterior
of a lot where space has been provided for the temporary parking or
storage of vehicles and movable equipment.
B.
Unless otherwise provided herein, in residentially zoned areas, minor
vehicle maintenance activities may be conducted in driveways, but
in no case shall repairs be made on vehicles and movable equipment
which would result in the permanent storage of said vehicles or movable
equipment on the exterior of the lot.
13.
Storage and Waste Disposal.
A.
No highly flammable, explosive or toxic liquids, solids or gases
shall be stored in bulk (over 500 gallons), above ground except tanks
or drums of fuel connected directly with energy devices or heating
appliances located and operated on the same lot as the tanks or drums
of fuel.
B.
All permanent bulk outdoor storage facilities for fuel over 500 gallons,
raw materials and products and all fuel, raw materials and products
stored outdoors, shall be enclosed by an approved safety fence.
C.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transported off the lot by natural causes
or forces; nor shall any substance which can contaminate wells, watercourses,
or potable water supplies otherwise render such wells, watercourses,
or potable water supplies undesirable as sources of water supply or
recreation; nor shall any substance which will destroy aquatic life
be allowed to enter any wells, watercourses, or potable water supplies.
A DEP approved plan for spill containment shall be submitted to the
Township for review by the Township Engineer prior to the issuance
of any required permit.
D.
Any 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 adequate to eliminate such hazards.
[Ord. 146, 1/10/2008]
Mobile, modular or manufactured homes on individual lots shall
meet the following standards:
A.
The parcel on which the mobile home is installed shall conform with
the minimum lot size requirement of this district.
B.
The mobile home shall be installed so as to conform with all front
yard, side yard and rear yard set back lines applicable to single
family residential uses in this district.
C.
The mobile home shall be installed upon, and securely fastened to
a permanent frost-free foundation, and in no event shall it be erected
on jacks, loose blocks, or other temporary materials.
D.
An enclosure of compatible design and materials shall be erected
around the entire base of the mobile home. Such enclosure shall provide
sufficient ventilation to inhibit decay and deterioration of the structure,
and the device to be used for ventilation shall be supplied with a
screen of not less than 16 mesh per inch.
E.
The mobile home shall be connected to public water and sewer systems
where collection and distribution lines are within 500 linear feet.
If not, the owner shall provide a potable private water supply, and
shall provide a septic system that shall meet the standards of the
DEP.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, §§ 18,
19]
Vegetation preservation is governed by the specifications in
this section and the provisions of the MPC.
A.
General. The removal of trees, shrubbery, foliage, grass or other natural growth shall be permitted only when in conformance with the provisions of this chapter, the Frazer Township Code of Ordinances, as amended, and any other Township ordinance regulating subdivisions, land developments, logging and forestry activities. Grubbing activity shall be permitted with expressed approval of the Zoning Officer. A landscape plan complying with this chapter, the Subdivision and Land Development Ordinance [Chapter 22] and any other applicable Township ordinance, shall be prepared and submitted at the time of submission of an application for preliminary, tentative and final subdivision, land development and PRD approval, or at the time of submission of a zoning permit application if the project does not constitute a subdivision or land development; provided, however, this landscape plan requirement shall not apply to the construction of a single-family dwelling that does not constitute a land development as defined herein in this chapter. This landscape plan shall be prepared and sealed by an engineer, surveyor or landscape architect licensed to practice in the Commonwealth of Pennsylvania.
B.
Restrictions on Cutting and Clearing Vegetation and Woodlands.
(1)
General. Forestry activities of timber harvesting and/or logging,
whether by clearcutting, selective cutting or other common practice,
shall be permitted in any zoning district. All forestry activities
shall comply with all applicable Federal, State, County and Township
laws, ordinances and regulations including, but not limited to, this
chapter.
(2)
Buffer. The cutting of trees and/or the clearing of vegetation within 40 feet of a property line, or within the maximum bufferyard which could be applicable to the subject property as required by § 27-1626, or within the minimum yard areas required by this chapter, whichever is greater, is prohibited. This prohibition shall not apply to forestry activities in the form of selection cutting. Grubbing activity is permitted where the purpose is to improve the appearance of the subject lot or property.
(3)
Mature Woodland Preservation. Not more than 80% of the total
area of mature woodlands on a property shall be removed in conjunction
with a subdivision, land development and/or PRD. The remaining woodlands
shall be protected as open space. No area of any existing woodland
shall be removed prior to the granting of final approval of the proposed
subdivision, land development or PRD.
(a)
Priority in woodland preservation shall be given to woodlands
in one-hundred-year floodplains, wetlands, stream valley corridors,
steep slopes and landslide prone areas.
(b)
The Township Board of Supervisors may consider and approve modification
of this standard pursuant to § 27-1625.D if 1) evidence
is presented from a professional arborist, forester, landscape architect
or other expert whose qualifications are acceptable to the Township,
that a lesser area of woodlands should be preserved because of disease,
undesirability of species or other reasons affecting the quality and
health of the woodland; and 2) new replacement woodlands are provided
elsewhere on the site or an approved off-site mitigation area. The
minimum area of the replacement woodland shall be at least 110% of
the woodland area cleared in excess of the areas allowed in this subsection.
The replacement woodland shall be prepared, planted and maintained
in accordance with a plan prepared by a forester or other qualified
professional and approved by the Township.
(4)
Large Tree Preservation. All large trees (defined as healthy
trees with trunks equal to or exceeding 36 inches DBH uniqueness or
rarity and which are located within the area of disturbance) shall
be preserved unless removal is deemed necessary.
(a)
Criteria for evaluating the necessity for removal shall include
the following:
1)
The health of the tree, whether it is dead or diseased beyond
remedy, or whether it is likely to endanger the public or an adjoining
property.
2)
Other constraints of the site, where the applicant demonstrates
to the satisfaction of the Township that no reasonable alternative
exists and that removal of a tree is necessary for construction of
building foundations, roads; trenching for utilities or other essential
improvements.
(b)
Large trees which cannot be preserved shall be replaced, either
with identical species or with a mix of native species as follows:
1)
For every tree with a caliper of 36 inches DBH or larger, at
least six trees with a minimum caliper of three to 3.5 inches, or
at least eight trees with a minimum caliper of two to 2.5 inches DBH.
2)
The placement and spacing of the replacement trees shall be
subject to the approval of the Township, but shall at a minimum be
such to ensure the health and longevity of the replacement trees.
(5)
Trees to be preserved shall be protected during construction.
The critical root zone shall be protected by securely staked fencing
with a minimum height of 36 inches. No storage or placement of any
soil or construction materials, including construction wastes, shall
occur within the fenced area. Cables, ropes, signs and fencing shall
not be placed on protected trees.
(6)
The landscape plan required by § 27-1625.A shall include:
(a) a delineation of the woodland area, as defined herein; and (b)
the location and species of all existing trees 12 inches in diameter
at breast height ("DBH"). In cases where the wooded area on the property
is greater than one acre, the applicant may locate trees 12 inches
or greater DBH from a representative wooded area on the subject property
that is 100 feet by 100 feet in area and utilize that representative
sample to determine the number of trees 12 inches or greater DBH on
the remaining wooded portion of the property. This information may
be shown on a sheet not being recorded with the final plan.
C.
Reforestation. In addition to any other remedy available to the Township and in the event the construction of structures and/or infrastructure on the lot does not commence despite an approved development plan within six months of the completion of the clearing operations as determined by the Township, a landowner and/or developer shall reforest the disturbed site in accordance with the requirements of the applicable bufferyard or, if in an area of any required minimum yard area not within a required bufferyard, in accordance with Bufferyard 1. Should this six-month period fall during a season not conducive to planting, the Township may permit the developer, landowner and/or agents to delay this reforestation until a time more conducive, but shall commence no later than April 1. Furthermore, at the time of development plan approval, the Township shall require that performance security in an amount approved by the Township Engineer and otherwise in compliance with Chapter 1, Part 3, of the Frazer Township Code of Ordinances, Financial Security, as amended, be provided, in the favor of the Township, to guarantee this reforestation. The lot must be reforested with a species comparable to the predominant species on the lot prior to the commencement of the clearing operations.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 29]
1.
Bufferyards shall be required in conjunction with the development
of any lot, as defined by Table 27-2, Bufferyards. Illustrations of
the required bufferyards can be found in Appendix 27-C of this chapter.
|
Table 27-2: Bufferyards
| |||||
|---|---|---|---|---|---|
|
Development Required Bufferyards
|
1
|
2
|
3
| ||
|
Multi-Family
| |||||
|
Adjoining Property with Single-Family or Two-Family Dwelling
|
X
| ||||
|
Adjoining Property with Agricultural Use or Undeveloped
|
X
| ||||
|
Adjoining Property with Multi-Family Dwelling, Townhouse or
Quadplex
|
X
| ||||
|
Adjoining Property with Industrial Use
|
X
| ||||
|
Adjoining Property with any other use
|
X
| ||||
|
All Uses in the GC, CSO, CPO, YRO and AO Districts
| |||||
|
Adjoining Property with Single-Family or Two-Family Dwelling
|
X
| ||||
|
Adjoining Property with Agricultural Use or Undeveloped
|
X
| ||||
|
Adjoining Property with Multi-Family Dwelling, Townhouse or
Quadplex
|
X
| ||||
|
Adjoining Property with Industrial Use
|
X
| ||||
|
Adjoining Property with any other use
|
X
| ||||
|
All Uses in the I District
| |||||
|
Adjoining Property with any Residential Use
|
X
| ||||
|
Adjoining Property with any Agricultural Use or Undeveloped
|
X
| ||||
2.
Vegetation within Bufferyards.
A.
The minimum spacing and quantity of vegetation planted within a bufferyard
shall be as prescribed by § 27-1626.3 of this chapter.
B.
Any existing trees (including mature woodlands) located within the
required bufferyard that are a minimum of six inches DBH in accordance
with American Nursery Association standards shall count as required
trees within the bufferyard. At no point, however, shall any existing
trees and required trees be separated at a distance greater than the
distance specified in the required bufferyard.
C.
All trees required to be planted within the bufferyard shall be a
minimum of 2 1/2 inches DBH in accordance with American Nursery
Association standards and shall be planted in accordance with accepted
landscape conservation practices. All required trees shall be a minimum
of six feet in height at the time of planting as measured from the
ground adjacent to the planted tree to the top of the tree.
3.
Bufferyard Requirements. Bufferyards 1, 2 and 3 listed in the Table
27-2: Bufferyards, hereof, are defined as follows:
A.
Bufferyard 1.
(1)
The minimum spacing and quantity of vegetation planted within
Bufferyard 1 shall be as prescribed by this section and as illustrated
in Appendix 27-C.
(2)
No buildings, structures or uses including, but not limited
to, accessory structures, parking spaces, access drives and lighting
devices, may be located closer than 40 feet to any front, side or
rear lot line except that access drives may be located in the front
bufferyard.
(3)
Bufferyard 1 shall contain two rows of planting. Each row shall
consist of a mixture of 30% deciduous and 70% evergreen trees. These
trees shall be spaced 15 feet apart as measured from the vertical
center line of adjacent trees.
(4)
A row of low-level evergreen shrubs or hedges shall be planted
or earthen mounding shall be constructed in the bufferyard which shall
provide a year-round visual screen capable of acting as a barrier
to light beams emanating from the headlights of vehicles. These low-level
shrubs, hedges or mounds shall be a minimum of four feet in height.
The length of an individual mound shall not be greater than 30% of
the lot line to which the mound is adjacent. A variety of heights
within and between mounds are recommended.
B.
Bufferyard 2.
(1)
The minimum spacing and quantity of vegetation planted within
Bufferyard 2 shall be as prescribed by this section and as illustrated
in Appendix 27-C.
(2)
No buildings, structures or uses including, but not limited
to, accessory structures, parking spaces, curbs, access drives and
lighting devices, may be located any closer than 20 feet to any front,
side or rear lot line except that access drives may be located in
the front bufferyard.
(3)
Bufferyard 2 shall contain a single row of planting which shall
be comprised of a mixture of 30% deciduous and 70% evergreen trees.
These trees shall be spaced 15 feet apart as measured from the vertical
center line of adjacent trees.
(4)
A row of low-level evergreen shrubs or hedges shall be planted
or earthen mounding shall be constructed in the bufferyard which shall
provide a year-round visual screen capable of acting as a barrier
to light beams emanating from the headlights of vehicles. These low-level
shrubs, hedges or mounds shall be a minimum of four feet in height.
The length of an individual mound shall not be greater than 30% of
the lot line to which the mound is adjacent. A variety of mound heights
is recommended.
C.
Bufferyard 3.
(1)
The minimum spacing and quantity of vegetation planted within
Bufferyard 3 shall be as prescribed by this section and as illustrated
in Appendix 27-C.
(2)
No buildings, structures or uses including, but not limited
to, accessory structures, parking spaces, curbs, access drives and
lighting devices, may be located any closer then 10 feet to any front,
side or rear lot line except that access drives may be located in
the front bufferyard.
(3)
Bufferyard 3 shall contain a row of planting which shall be
comprised of a mixture of 30% deciduous and 70% evergreen trees. These
trees shall be spaced 15 feet apart as measured from the vertical
center line of adjacent trees.
(4)
A row of low-level evergreen shrubs or hedges shall be planted
or earthen mounding shall be constructed in the bufferyard which shall
provide a year-round visual screen capable of acting as a barrier
to light beams emanating from the headlights of vehicles. These low-level
shrubs, hedges or mounds shall be a minimum of four feet in height.
The length of an individual mound shall not be greater than 30% of
the lot line to which the mound is adjacent. A variety of mound heights
is recommended.
4.
When the width of a required bufferyard is in conflict with the minimum
yard requirements of this chapter, then the greater distance shall
apply. The landowner and/or developer shall adhere to bufferyard planting
requirement regardless of what the yard requirement is.
5.
In instances where an existing structure houses the principal use
of the property and is located within any required bufferyard, a bufferyard
of not less than the minimum distance from the existing structure
to the property line shall be required. This reduced bufferyard width
shall apply only to the yard area which the existing structure encroaches
upon. If the existing structure is located within the required bufferyard
on one side of the building, the required bufferyard as determined
by Table 27-2 of this chapter shall apply on all other yard areas.
All landscaping requirements shall be adhered to regardless of the
bufferyard width.
6.
All areas not utilized for parking facilities, access drives, gardens,
the planting of trees or shrubs, flower, vegetable or herb beds or
similar uses must be seeded, sodded or landscaped within a reasonable
period of time. The phrase "a reasonable period of time" shall be
interpreted to be within two weeks after construction activities are
completed; unless those activities are completed between the time
period of November 1 through April 1, in which case the required sodding
or seeding must occur within two weeks of April 1.
7.
It shall be the responsibility of the developer and/or landowner
to assure the continued growth of all required landscaping and/or
to replace the same in the event of freezing, drought, vandalism,
disease or other reasons for the discontinued growth of the required
trees, shrubs and bushes.
8.
Stormwater management facilities and structures may be maintained
within a bufferyard, but the existence of such facilities or structures
shall not be a basis for a failure to meet the landscaping requirements.
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 29;
and by Ord. 173, 8/5/2014, § 34]
Landscaping shall be provided in accordance with the following
specifications:
A.
A landscape plan, with appropriate details, shall be prepared and
submitted at the time of submission of an application for preliminary,
tentative and final subdivision land development and PRD approval,
or at the time of submission of a zoning permit application if the
project does not constitute a subdivision or land development; provided,
however, this landscape plan requirement shall not apply to the construction
of a single-family detached dwelling that does not constitute a land
development as defined in this chapter. This landscape plan shall
include, and illustrate at scale, the location, size and name of each
tree, shrub and ground cover as it relates to the proposed topography
for the following:
(1)
All required bufferyards with proposed plantings.
(2)
All required plantings independent of any bufferyard requirements.
(3)
Any plantings in excess of the requirements of this chapter.
(4)
Any existing trees or vegetation which are to be preserved.
(5)
Any existing trees or vegetation which will be removed.
(6)
Demarcation of areas of trees and vegetation, which will not
be disturbed.
B.
At least one deciduous tree must be planted for each 700 square feet of net floor area in conjunction with any nonresidential development. A landowner and/or developer shall be permitted to apply the trees that are calculated as part of this requirement to those trees defined as part of the off-street parking landscaping requirements of paragraph .F below. Existing trees preserved as mature woodlands under § 27-1625 and trees planted as part of a bufferyard required under § 27-1626 may be applied toward the trees required under this subsection.
C.
At least one deciduous tree must be planted for each dwelling unit in conjunction with any residential development. On newly created single-family detached residential lots, a minimum of one deciduous street tree must be planted in the front yard no closer than 15 feet from the front property line. The requirement in this subsection shall be in addition to the street trees required by Part 6 of the SALDO.
D.
All trees which are required to be planted as per the requirements
of this section shall be a minimum of 2 1/2 inches DBH at the
time of planting, measured along the trunk of the planted tree, which
tree shall be planted in accordance with accepted conservation practices.
E.
All areas not utilized for parking facilities, access drives, gardens,
the planting of trees or shrubs, flower, vegetable or herb beds or
similar uses must be seeded, sodded or landscaped within a reasonable
period of time. The phrase "a reasonable period of time" shall be
interpreted to be within two weeks after construction activities are
completed, unless those activities are completed between the time
period of November 1 through April 1, in which case the required sodding
or seeding must occur within two weeks of April 1.
F.
Landscaping of Off-Street Parking Areas.
(1)
Perimeter Parking Area for Surface Parking and Parking Garages.
Perimeter parking area landscape screening shall be provided in accordance
with the bufferyard standards as defined and required in § 27-1626.3.
The perimeter parking landscape area shall be a minimum of 10 feet
wide.
(2)
Surface Parking Area.
(a)
Interior landscaping shall be required for new parking areas
or expansion of existing parking areas containing more than 4,000
square feet or 10 parking spaces, whichever is less. Where a preexisting
parking area is altered or expanded to increase the size to 4,000
or more square feet of area or 10 or more parking spaces, interior
landscaping for the entire parking area shall be provided and not
merely to the extent of its alteration or expansion.
(b)
At least 10% of the area equal to the total aggregate parking
spaces must be landscaped in the form of interior landscaping islands.
(c)
Interior landscaping islands shall be a minimum of 10 feet wide
with a total area of at least 160 feet. One internal landscape island
shall be provided for every 10 parking spaces.
(d)
Each interior landscaping island shall, at a minimum contain:
1)
At least one shade tree, a minimum of 2 1/2 inches DBH
at the time of planting, measured from the trunk of the planted tree,
shall be provided in each interior landscape island.
2)
The remaining area of the required interior landscape islands
and/or interior landscape area shall be landscaped with shrubs or
perennials, either of which should not exceed two feet in height,
or with turf grass.
(e)
There shall be a minimum distance of five feet from the edge
of paving to the base of all shade trees.
(f)
All landscape islands shall be enclosed by appropriate curbing
or a similar device at least six inches wide and six inches in height
above the paving surface. Wedge curbing is acceptable.
(g)
Each tree shall be presumed to shade a circular area having
a radius of 15 feet with the trunk of the tree as the center, and
there must be sufficient trees so that, using this standard, 20% of
the vehicle accommodation area (excluding driveways and traffic aisles)
shall be shaded.
(3)
Parking Garages/Structures. Landscaping for parking garages/structures
for the applicable zoning district(s) shall be provided in accordance
with Bufferyard three requirements as defined in this Part.
G.
Landscaping for Service Structures. All service structures shall
be fully screened.
(1)
Location of Screening. A continuous planting, hedge, fence,
wall or earthen mounding shall enclose any service structure on all
sides unless such structure must be frequently moved, in which case
screening on all but one side is required. The average height of the
screening material shall be one foot more than the height of the enclosed
structure, but shall not be required to exceed eight feet in height,
unless otherwise specified in this chapter. When a service structure
is located next to a building wall, perimeter landscaping material
may fulfill the screening requirements for that side of the service
structure if that wall or screening material is of an average height
sufficient to meet the height requirement set out in this section.
Whenever service structures are screened by plant material, such material
may count toward the fulfillment of required landscaping.
(2)
Protection of Screening Material. Whenever screening material
is placed around any trash disposal unit or waste collection unit
that is emptied or removed mechanically on a regular basis, a fixed
barrier to contain the placement of the container shall be provided
within the screening material on those sides where there is such material.
The barrier shall be at least 18 inches from the material and shall
be of sufficient strength to prevent possible damage to the screening
when the container is moved. The minimum front opening of the screening
material shall be 12 feet to allow service vehicles access to the
container.
H.
Landscape walls are nonstructural, non-load-bearing walls less than 30 inches in height and used in the art of arranging or modifying the features of a landscape to secure beautiful or advantageous effects. Walls greater than 30 inches in height must meet the requirements of the Township Construction Code [Chapter 5, Part 1], where applicable.
K.
Financial Security for Landscaping and Bufferyard.
(1)
Performance Security. The landowner and/or developer shall provide the Township with performance security, as required by the Subdivision and Land Development Ordinance [Chapter 22], during development of the site to guarantee proper installation of the landscaping and bufferyard materials required by this chapter and as shown on the Township-approved landscaping plan.
(2)
Maintenance Security. The landowner and/or developer shall provide
the Township with financial security to guarantee the maintenance
and survival of the landscaping and bufferyard materials installed
on the subject property in accordance with this chapter and the Township-approved
landscaping plan. This maintenance security shall be in the amount
of 110% of the replacement cost of the required landscaping and bufferyard
materials and shall guarantee the maintenance and survival of the
landscaping bufferyard materials for a period of two years after initial
planting and certification by the Township Engineer and/or Township
landscape consultant.
(3)
All such performance security and maintenance security shall comply with the requirements of Administration and Government [Chapter 1, Part 3] of the Frazer Township Code of Ordinances, Financial Security, as amended. Release of the performance security and maintenance security shall be handled consistent with the requirements of the Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 146, 1/10/2008; as amended by Ord. 158, 4/6/2010, § 20;
and by Ord. 173, 8/5/2014, § 35]
1.
Traffic Access and Impact Study Required. A traffic access and impact study pursuant to the requirements of § 22-405 of the Subdivision and Land Development Ordinance [Chapter 22] shall be required when:
A.
A proposed development is expected to generate 1,000 or more average
daily trips (ADT) based on the trip generating characteristics of
the land use as identified in the current edition of the Institute
of Transportation Engineers Trip Generation Manual.
B.
A proposed development is expected to generate 100 or more new vehicle
trips during any one-hour time period based on the trip generating
characteristics of the land use as identified in the current edition
of the Institute of Transportation Engineers Trip Generation Manual.
C.
In the opinion of the Township Engineer, the proposed development
is expected to have a significant impact on street-related safety
or traffic flow though it does not meet the standards in paragraph
.A or .B above.
D.
When specifically required by this chapter.
2.
Traffic Access and Impact Study Requirements. When required, a traffic access and impact study shall be submitted as part of an application for any zoning permit or conditional use application or special exception application. A scope of work for the study shall first be submitted to the Township for approval. The study shall be performed by a qualified professional traffic engineer with experience preparing traffic access and impact studies. The applicant and study shall comply with the requirements and standards for traffic access and impact studies outlined in the Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 146, 1/10/2008]
1.
Roadside stands may be permitted as accessory uses to agricultural
operations in zoning districts which permit the same subject to the
following:
2.
Only one roadside stand shall be permitted per parcel or tract of
land.
3.
Off-street parking shall be in accordance with the requirements of
this chapter for home occupations.
4.
Signage shall comply with the provisions of § 27-1702.D
where applicable.
[Ord. 146, 1/10/2008; as added by Ord. 154, 9/1/2009, § 10]
1.
All activities conducted in association with, and as a part of, oil and gas wells shall be in accordance with the Pennsylvania Oil and Gas Act, 58 P.S. § 601.101 et seq., as amended, all applicable provisions and requirements contained in this chapter (unless a variance to any provision has been granted by the Zoning Hearing Board) and all other applicable Federal, State, County, and Township laws, statutes, ordinances and regulations including, but not limited to, the Subdivision and Land Development Ordinance [Chapter 22], as amended, and the Stormwater Management Ordinance [Chapter 26, Part 1].
2.
Oil and gas wells shall not be located within 200 feet of an existing
dwelling on adjacent property unless the owner of the dwelling consents
to a reduced distance.
3.
If a dwelling is located within 300 feet of an active well, the line of sight between the dwelling and the well shall be buffered by a Bufferyard "1," as described in § 27-1626 of this chapter.
4.
The applicant shall obtain from the appropriate Federal, State and
other applicable regulatory agencies or authorities permits issued
in accordance with all applicable laws, statutes, ordinances and regulations
for the proposed use. At the time of making application to such agencies
and authorities, the applicant shall file with the Zoning Officer
a copy of each such application With supporting documentation for
the proposed use.
5.
The applicant shall show the proposed routes of all vehicles other than passenger vehicles and light trucks to be utilized for hauling and the estimated weights of those vehicles. The applicant shall show evidence of compliance with designated weight limits on State, County and Township streets and shall design the hauling routes for the oil and/or gas well operation to minimize the impact on local streets within the Township. The designated hauling route shall be subject to approval by the Township. In order to exceed the Township's street and/or bridge weight limits, the applicant must provide financial security for the streets and/or bridges included in the designated hauling route and execute a road maintenance agreement, as required by § 15-305 of Chapter 15 of the Frazer Township Code of Ordinances, Motor Vehicles and Traffic, as amended.
7.
The applicant shall provide certification that a bond is held by
the DEP to ensure proper plugging when the well is classified as inactive
by the DEP,
8.
The applicant shall provide a schedule indicating the following dates:
A.
Anticipated site preparation commencement and end date.
B.
Anticipated drilling activity commencement and end date.
C.
Anticipated stimulation (hydraulic fracturing) work commencement
and end date, if applicable.
D.
Anticipated production work commencement and end date.
E.
Anticipated plugging date, if known.
9.
The access road to the well site shall be improved with a dust-free,
all-weather surface in such a manner that no water, sediment or debris
will be carried onto any public street.
[Ord. 146, 1/10/2008; as added by Ord. 173, 8/5/2014, § 36]
Notwithstanding the fact that accessory uses may be listed as
a permitted use in a zoning district under this chapter:
A.
Any accessory use that is of a use classification identified as a conditional use in a zoning district under this chapter shall be considered a conditional use in that zoning district and shall require the developer and/or landowner to apply for and obtain conditional use approval for the accessory use pursuant to the requirements of, and in compliance with, Part 15 of this chapter.
B.
Any accessory use that is of a use classification identified as a special exception in a zoning district under this chapter shall be considered a special exception in that zoning district and shall require the developer and/or landowner to apply for and obtain special exception approval for the accessory use pursuant to the requirements of, and in compliance with, § 27-2010 of this chapter.
[Added by Ord. 181, 12/6/2016]
A medical marijuana dispensary shall be a permitted use in the
zoning district(s) specifically identified in Table 27-1 (Permitted
Uses, Conditional Uses and Uses by Special Exception by Zoning District)
of this chapter, subject to the following express standards and criteria:
A.
The facility shall hold a valid permit from the Department of Health
to dispense medical marijuana. A copy of such valid permit and all
appropriate documentation shall be submitted to the Township.
B.
The facility shall comply with the requirements for a dispensary
under the Medical Marijuana Act and any applicable state regulations
promulgated thereunder. Proof of such compliance shall be provided
to the Township.
[Added by Ord. 181, 12/6/2016]
A medical marijuana grower/processor shall be a permitted use
in the zoning district(s) specifically identified in Table 27-1 (Permitted
Uses, Conditional Uses and Uses by Special Exception by Zoning District)
of this chapter, subject to the following express standards and criteria:
A.
The facility shall hold a valid permit from the Department of Health
to grow and process medical marijuana. A copy of such valid permit
and all appropriate documentation shall be submitted to the Township.
B.
The facility shall comply with the requirements for a grower/processor
under the Medical Marijuana Act and any applicable state regulations
promulgated thereunder. Proof of such compliance shall be provided
to the Township.
