[Ord. 687, 8/12/2015]
The supplemental regulations in this Part supplement the requirements
of Parts 4 through 17 governing each zoning district and shall apply
to all uses in all zoning districts.
[Ord. 687, 8/12/2015]
The following performance standards shall apply to all uses
in all zoning districts except for permitted principal and accessory
uses in residential districts. All other uses shall comply with the
requirements of this section. In order to determine whether a proposed
use will conform to the requirements of this chapter, the Board of
Commissioners or Zoning Hearing Board may require a qualified consultant
to testify, whose cost for services shall be borne by the applicant.
2102.1.
Fire Protection. Fire prevention and firefighting equipment
acceptable to the Board of Fire Underwriters shall be readily available
when any activity involving the handling or storage of flammable or
explosive materials is carried on.
2102.2.
Electrical Disturbance. No activity shall cause electrical disturbance
adversely affecting radio or other equipment in the vicinity.
2102.3.
Noise.
A.
No operation or activity shall cause or create noise in excess of
the sound levels prescribed below:
(1)
Residential Districts: At no point beyond the boundary of any
lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 60
dBA for more than four hours during a twenty-four-hour equivalent
period.
(2)
Commercial/Business Park Districts: At no point on or beyond
the boundary of any lot within these districts shall the exterior
noise level resulting from any use or activity located on such lot
exceed a maximum of 65 dBA for more than eight hours during a twenty-four-hour
equivalent period.
(3)
Industrial Districts: At no point on or beyond the boundary
of any lot within these districts shall the exterior noise level resulting
from any use or activity located on such lot exceed a maximum of 75
dBA for more than eight hours during a twenty-four-hour equivalent
period.
B.
Where two or more zoning districts in which different noise levels
are prescribed share a common boundary, the most-restrictive noise
level standards shall govern.
C.
The following uses or activities shall be exempted from the noise
regulations:
D.
In addition to the above regulations, all uses and activities within
the Township shall conform to all applicable county, state and federal
regulations. Whenever the regulations contained herein are at variance
with any other lawfully adopted rules or requirements, the more restrictive
shall govern.
2102.4.
Vibrations. Vibrations detectable without instruments on neighboring
property in any zoning district shall be prohibited.
2102.5.
Odors. No use shall emit odorous gas or other odorous matter
in such quantities as to be offensive at any point on or beyond the
lot lines. The guide for determining such quantities shall be the
50% response level of Table I (Odor Thresholds in Air), "Research
on Chemical Odors: Part I — Odor Thresholds for 53 Commercial
Chemicals," October, 1968, Manufacturing Chemists Association, Inc.,
Washington, D.C.
2102.6.
Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no
emission at any point for longer than five minutes in any hour of
visible gray or other color smoke, ash, dust, fumes, vapors or gases
with a shade darker than No. 3 on the Standard Ringlemann Chart issued
by the United States Bureau of Mines; nor shall there be any emission
at any point from any source which can cause damage to health, to
animals or vegetation or to other forms of property or which can cause
excessive soiling at any point.
2102.7.
Lighting and Glare. All lighting devices shall be designed with
shields, reflectors or refractor panels which direct and cut off light
at a cutoff angle that is less than 60°. (See illustration in
Appendix B.[1])
A.
No use shall produce a strong, dazzling light or a reflection of
a strong, dazzling light beyond its lot lines. In general, lighting
fixtures that shield the reflector or lens or any high-brightness
surface from viewing angles above 60° from horizontal shall be
utilized.
B.
All outside lighting, including sign lighting, shall be directed
in such a way as not to create a nuisance to any adjacent use and
roadway. All luminaries and fixtures shall be equipped with a glare-shielding
device, cutoff downward cast in the case of freestanding area lighting,
approved by the Township Engineer. The height of all luminaries must
also be approved by the Township Engineer. Intensity of outdoor lighting
shall be limited within usable areas of a site (i.e., parking, walkways,
etc.) to an average intensity at the ground of one footcandle with
a maximum intensity at any given point on the ground of five footcandles,
unless otherwise approved by the Board of Commissioners.
C.
The height of a luminary shall be limited as follows:
(1)
In any residential district, the maximum height permitted shall
be 20 feet.
(2)
In any other district, the maximum height shall be 25 feet,
except where otherwise specified.
(3)
Ball diamonds, playing fields and tennis courts having a unique
requirement for nighttime visibility may be exempted from § 27-2102.7B
and C if, in the judgment of the Board of Commissioners, their limited
hours of operation and the location of the luminaries will adequately
protect neighboring residential uses.
(4)
The Board of Commissioners may further limit the height of luminaries
when it is determined that proposed lighting may have a detrimental
impact upon nearby properties.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
2102.8.
Erosion. No erosion by wind or water shall be permitted which
will carry objectionable substances onto neighboring properties.
2102.9.
Water Pollution. Water pollution shall be subject to the standards
established by the Pennsylvania Department of Environmental Protection
(PA DEP).
2102.10.
Determination of Compliance with Performance Standards. During
the review of an application for zoning approval, the applicant may
be required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Township may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Township may seek advice from a qualified
technical expert. All costs of the expert's review and report shall
be paid by the applicant. A negative report by the technical expert
and the applicant's refusal or inability to make alterations to ensure
compliance with this section shall be a basis for denying approval
of the application.
2102.11.
Continuing Enforcement.
A.
The Zoning Officer shall investigate any purported violation of the
performance standards and, subject to the approval of the Board of
Commissioners, may employ qualified technical experts to assist in
the determination of a violation. Costs of the services of such experts
shall be paid by the owner or operator of the facility or use accused
of the violation if the facility or use is found to be in violation.
If the facility or use is found to be in compliance with the performance
standards, said costs shall be borne by the Township.
B.
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with § 27-2602 of this chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the occupancy permit for the facility or use.
[Ord. 687, 8/12/2015]
2103.1.
Buffer Areas Described. Buffer areas, as defined by this chapter and required by § 27-2103.2, shall meet all of the following criteria. (See Appendix C for illustrations of buffer areas.[1])
A.
Buffer Area A shall contain two rows of plantings. Each row shall
consist of a mixture of 30% deciduous and 70% evergreen plantings
spaced within the row a minimum of 15 feet apart, measured from the
vertical center lines of adjacent trees. The two rows shall be staggered
in a manner which shall result in adjacent trees on two different
rows being no more than 10 feet apart, measured from the vertical
center lines of the trees. The depth of Buffer Area A shall be 35
feet as measured from the property line.
B.
Buffer Area B shall contain one row of plantings which shall consist
of a mixture of 30% deciduous and 70% evergreen spaced within the
row a minimum of 10 feet apart, measured from the vertical center
lines of adjacent trees. The depth of Buffer Area B shall be 25 feet
as measured from the property line.
C.
Buffer Area C shall be comprised of a continuous, compact evergreen
hedge or line of evergreen trees that will grow together when mature
and that are a minimum of six feet in height at the time of planting.
The depth of Buffer Area C shall be 15 feet as measured from the property
line.
D.
None of the required plantings shall encroach across any property
line. All plantings shall be located so that, at maturity, all parts
of the tree shall be a minimum of 2 1/2 feet from any public
street right-of-way or any property line which constitutes the exterior
boundary of the buffer area.
E.
In the event that existing vegetation and/or existing topography
provides screening which is adequate to meet the intent of the required
buffer area to screen the buildings, activities and parking areas
from adjoining residential properties, the Board of Commissioners,
upon recommendation by the Planning Commission, may determine that
the existing topography and/or vegetation constitutes all or part
of the required buffer area. If such a determination is made, the
applicant may be required to record a conservation easement of the
depth specified by the Board of Commissioners to guarantee that the
existing topography and/or vegetation will not be disturbed or removed
from the approved buffer area.
F.
In the event that a public street right-of-way, dedicated and accepted
by the Township, separates the two dissimilar uses specified, the
buffer area shall not be required; except when one of the uses is
residential, the buffer area shall still be required.
G.
Openings for driveways shall be permitted to cross a required buffer area. Plantings in required buffer areas shall be located so as to not obstruct visibility for traffic entering or leaving the site and shall be subject to the clear sight triangle requirements of § 27-2104.4 of this chapter.
H.
No structures or uses shall be permitted in the required buffer area,
other than active or passive recreation facilities and stormwater
management facilities, provided the structures or uses do not interfere
with the required plantings in the buffer area. Structures or uses
not permitted within the required buffer area include, but are not
limited to, buildings, accessory structures, parking spaces, access
drives and lighting devices.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
2103.2.
Buffer Areas Required. Buffer Areas A, B and C listed in § 27-2103.1 above shall be required under the following circumstances:
A.
Buffer Area A:
(1)
Along all property lines where any development in the B-1, B-1-A,
PEDD or I-1 District adjoins property in an S-C, R-1, R-2, R-2-A,
R-3, R-4 or R-5 District.
(2)
Where the express standards and criteria for a specific use in § 27-1906 of this chapter specify that Buffer Area A is required.
(3)
Along all property lines where a planned residential development
adjoins property in an R-1, R-2, R-2-A, R-3 or R-4 District.
(4)
Along all property lines where multifamily dwellings adjoin
property in an R-1, R-2, R-2-A, or R-4 District.
B.
Buffer Area B:
(1)
Along all property lines where any development in the B-2, B-3
or B-4 District or any proposed nonresidential development in an R-4
District adjoins property in an S-C, R-1, R-2, R-2-A, R-3, R-4 or
R-5 District.
(2)
Where the express standards and criteria for a specific use in § 27-1906 of this chapter specify that Buffer Area B is required.
(3)
Along all property lines where a planned shopping center adjoins
property in an I-1 District.
(4)
Along all side and rear property lines between two lots in the
PEDD District.
C.
Buffer Area C:
(1)
Where the express standards and criteria for a specific use in § 27-1906 of this chapter specify that Buffer Area C is required.
(2)
On developed nonresidential properties in the R-4, B-1 or B-2
District where existing conditions, such as building location and
existing paving of the parking lot, make it impossible to meet the
requirements for Buffer Area B along a property line which adjoins
property in the R-1, R-2, R-2-A, R-3 or R-5 District or an existing
single-family dwelling in the R-4 District.
2103.3.
Conflict Between Buffer Area and Yard Requirements. When the
width of a required buffer area is in conflict with the minimum yard
requirements of Parts 4 through 17, the greater distance shall apply.
The buffer area planting requirement shall be adhered to regardless
of the yard requirement.
2103.4.
Existing Structures in Buffer Areas. In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the existing structure which encroaches on the required buffer area. The required buffer area, as determined by § 27-2103.2, shall apply on all other sides of the existing structure.
2103.5.
Existing Trees in Buffer Areas.
A.
Where trees already exist within the required buffer area, these
trees shall remain undisturbed, except that diseased or dead material
may be removed. If it is determined that some healthy trees must be
removed in conjunction with development, a written request to remove
such trees must be submitted to the Township, along with an explanation
detailing the rationale for the request. These trees shall not be
removed until the Township has given written authorization permitting
said removal. This permission will not be unreasonably denied; however,
those who violate this section shall be subject to the maximum penalties
authorized by this chapter.
B.
When any trees, regardless of their physical condition, are removed,
they shall be replaced by trees suitable to the environment. (See
Appendix D for a suggested list of plant materials.[2]) All such replacement plantings shall be in accordance
with accepted conservation practices.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
2103.6.
Size of Trees in Required Buffer Areas.
A.
Any existing trees within the required buffer area which are a minimum
of four inches in diameter at diameter breast height (DBH) shall be
preserved and shall count as a required tree within the buffer area.
At no point, however, shall any existing trees and required trees
be separated at a distance greater than the distance specified in
the required buffer area.
B.
All trees required to be planted within the buffer area shall be
a minimum of two inches in diameter at a point one foot above the
ground, measured along the trunk of the planted tree, which tree shall
be planted in accordance with accepted conservation practices. All
required trees shall be a minimum of six feet in height at time of
planting, measured from the ground adjacent to the planted tree to
the top of the tree.
2103.7.
Responsibility for Maintenance. It shall be the responsibility
of the landowner or lessee to assure the continued growth of all required
landscaping and/or to replace the same in the event of frost, vandalism,
disease or other reasons for the discontinued growth of the required
trees, shrubs and bushes.
2103.8.
Stormwater Management Facilities in Buffer Areas. Stormwater
management facilities and structures may be maintained within a buffer
area, but the existence of such facilities or structures shall not
be a basis for a failure to meet the planting requirements.
2103.9.
Landscaping of Open Areas. All yard areas not utilized for parking
facilities, driveways, gardens, the planting of trees or shrubs, flower,
vegetable or herb beds or similar uses shall 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 a November 1 through April 1 time period. In such
case, the required sodding or seeding shall occur within two weeks
of April 1.
2103.10.
Additional Landscaping Specifications. Landscaping shall be
provided in accordance with the following specifications:
A.
Planting required in buffer areas as outlined in § 27-2103.2 shall not be substituted for any required planting mandated in this section.
B.
A landscaping plan, with detailed drawings, shall be submitted with the final application for approval of the land development plan required by the Township Subdivision and Land Development Ordinance [Chapter 22], and this landscaping plan shall contain and show the following information:
(1)
All required buffer areas with proposed plantings (identifying
each proposed tree, bush or shrub), drawn to scale and identifying
the height and width of any proposed mounds.
(2)
All required planting independent of any buffer area requirements
(identifying each tree, bush, shrub, the use of sod or seeding, etc.),
drawn to scale.
(4)
Any existing trees or vegetation which are to be preserved,
accurately identifying their relative location.
(5)
Any existing trees or vegetation which will be removed, accurately
identifying their relative location.
C.
Parking areas shall be landscaped in accordance with the following
requirements:
(1)
In the event that a parking area containing 10 or more spaces is not already separated from property in an S-C or R Zoning District by a buffer area, then Buffer Area C, as defined by § 27-2103.1, shall be provided along any property line where the parking area adjoins property in an S-C or R Zoning District.
(2)
In a planned shopping center, if parking is located in a required
front yard, the parking area shall be located at least 20 feet from
the public street right-of-way. In all other land developments, if
parking is located in a required front yard, the parking area shall
be located at least 12 feet from the public street right-of-way. In
all cases, the area between the street right-of-way and the parking
area shall be landscaped with an earthen mound that is a minimum of
two feet in height and a mix of landscaping materials from the List
of Suggested Plant Materials in Appendix D,[3] including ground cover, trees and shrubs. The location of these landscaping materials shall not obstruct visibility for traffic entering or leaving the site and shall comply with the clear sight triangle requirements of § 27-2104.4.
[3]
Editor's Note: Appendix D is included as an attachment to this chapter.
D.
In any nonresidential development, deciduous trees shall be planted
in accordance with the following schedule. These trees shall be in
addition to the trees provided in any required buffer area or parking
area.
|
Building Footprint
(square feet)
|
Requirement
| |
|---|---|---|
|
1,000 to 30,000
|
1 tree for each 1,000 square feet of building footprint
| |
|
30,001 to 75,000
|
A minimum of 30 trees plus 1 tree for each 3,000 square feet
of building footprint in excess of 30,000 square feet
| |
|
Over 75,000
|
A minimum of 45 trees plus 1 tree for each 5,000 square feet
of building footprint over 75,000 square feet
|
|
The required trees shall be planted in clusters on the site
and shall be distributed throughout the site to enhance the green
space on the site. The final location of the plantings shall be subject
to approval by the Township depending on the size of the site, the
magnitude of the required buffer area and the amount of paving and
building coverage proposed.
|
E.
In any development which contains multifamily dwellings, deciduous
trees shall be planted in accordance with the following schedule.
These trees shall be in addition to the trees provided in any required
buffer area or parking area.
|
Number of Dwellings
|
Required Trees
| |
|---|---|---|
|
First 25 dwelling units
|
1 tree for each dwelling unit
| |
|
26 to 100 dwelling units
|
25 trees plus 1 tree for each dwelling unit in excess of 25
dwelling units
| |
|
101 to 200 dwelling units
|
37 trees plus 1 tree for each 3 dwelling units in excess of
100 dwelling units
| |
|
201+ dwelling units
|
70 trees plus 1 tree for each 4 dwelling units in excess of
200 dwelling units
|
|
The required trees shall be planted as front yard trees or may
be clustered in groups around the dwelling units and shall not be
located within any public street right-of-way.
|
F.
All trees which are required to be planted as per the regulations of this § 27-2103.10 shall be a minimum of two inches in diameter at a point one foot above the ground at the time of planting, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
G.
In conjunction with the development of property for any use, the
applicant shall show that the removal of any trees or natural vegetation
is necessary for the imminent and orderly development of the property.
Imminent development shall be considered to be development which is
reasonably expected to commence, and for which there are realistic
plans to commence, on a minimum eight-hours-per-day, forty-hours-per-week
basis (utilizing a five-day-on, two-day-off standard workweek basis)
within 30 days of the removal of trees or vegetation and for which
a land development plan and landscaping plan have been submitted and
approved by the Township.
H.
Any existing trees which are not disturbed and are not located within
a required buffer area and are a minimum of four inches in diameter
at a point one foot above the ground shall count towards the required
number of trees to be planted outside of the buffer area.
I.
Following the completion of construction in any zoning district,
all yard areas, including those on single-family lots, not utilized
for structures, driveways, planting strips or parking facilities shall
be seeded, sodded or landscaped within a reasonable period of time.
The phrase "reasonable period of time" shall be interpreted to be
within two weeks after construction activities are completed, unless
those activities are completed between a November 1 through April
1 time period. In such cases, the required seeding or sodding shall
occur by April 15.
2103.11.
Posting of Bond for Landscaping. A maintenance bond in the form
of cash, certified check or letter of credit shall be posted with
the Township in the amount of 15% of the total cost of landscaping
shown on the approved landscaping plan for a period of 18 months from
the date of installation of the landscaping materials. The maintenance
bond shall guarantee replacement of the required landscaping materials
during the term of the bond.
[Ord. 687, 8/12/2015]
In addition to the yard requirements specified in each zoning
district, the following yard requirements shall apply in all zoning
districts to the applicable circumstances described below:
2104.1.
Corner Lots. Corner lots shall provide front yards on each street
frontage. The remaining two yards shall constitute side yards.
2104.3.
Accessory Structures. In all zoning districts, the following
regulations shall apply to accessory structures:
A.
Private Swimming Pools Accessory to a Dwelling.
B.
Private Sports Courts Accessory to a Dwelling.
(1)
Sports courts accessory to a dwelling shall be located only
in a side or rear yard and shall be no closer to the side or rear
property line than 20 feet.
(2)
Lighting of the sports court shall not be permitted.
(3)
All sports courts shall be enclosed by a fence which is a minimum
of 10 feet in height and a maximum of 12 feet in height and which
shall contain openings equal to 50% or more of the surface area of
the fence.
(4)
The area of the sports court shall not exceed 50% of the total
area of the rear yard.
C.
Fences and Walls.
(1)
In residential zoning districts, fences and walls no greater
than six feet in height shall be permitted in the required rear or
side yards.
(2)
In residential zoning districts, fences and walls which contain
openings equal to at least 75% of the surface area of the fence and
which are not more than four feet in height shall be permitted in
the required front yard.
(3)
In the S-C, B-1, B-1A, B-2, B-3 and B-4 Commercial Districts
and PEDD Planned Economic Development Districts, the maximum height
of a fence or wall shall be eight feet.
(4)
In the I-1 Industrial District, the maximum height of a fence
or wall shall be 10 feet.
(5)
Fences are not subject to the minimum yard setback requirements
and may be located up to the property line, except in areas where
they are adjacent to public streets, in which case fences shall be
required to be located a minimum of two feet from the back of curb
or edge of pavement. The finished side of the fence shall face the
adjoining property or public street where applicable.
(6)
All fences shall be constructed of customary fencing materials,
but shall exclude chain-link fencing in front yards in the S-C, R-1,
R-2, R-2-A, R-3, R-3-A, R-4 and R-5 Zoning Districts. In no areas
of any yard shall fencing ordinarily used for construction activity,
such as silt fences or temporary construction fences, be permitted,
except during the time when such construction activity is being performed.
(7)
All walls, fences and buffer areas or landscaping material shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties and shall comply with the clear sight triangle required by § 27-2104.4.
D.
Radio or Television Antennas. A radio or television antenna for personal
use by private citizens shall be permitted as an accessory use, subject
to the following requirements, except as these provisions may be superseded
by any applicable Federal Communications Commission (FCC) ruling:
(1)
A radio or television antenna structure may be mounted on a
roof or installed in a rear yard only, provided that no such structure
shall be located within 20 feet of any property line.
(2)
The maximum height for such structure shall not exceed that
otherwise allowed in the zoning district in which it is located by
more than 20 feet. If placed on a roof, any antenna exceeding eight
feet shall be mounted with guide wires.
(3)
Any such structure shall comply with applicable airport zoning
and Federal Communications Commission regulations.
(4)
Radio or television antenna structures located on the ground
shall be screened from adjacent properties by evergreen trees or other
suitable material, as approved by the Township.
E.
Canopies and Similar Structures.
(1)
Canopies and similar permanent freestanding roofed structures
without walls shall be permitted to cover outdoor seasonal display
and sales areas or fuel dispensing areas accessory to authorized uses
in all commercial and industrial districts, provided that:
(a)
Such structure shall not be attached to the principal building;
(b)
Such structure shall be located at least 10 feet from any property
line or street right-of-way;
(c)
Such structure shall not be enclosed; and
(d)
Such structure shall be removed immediately once the principal
use or the use of the accessory structure is discontinued.
F.
Residential Accessory Storage Structures and Detached Garages.
(1)
No detached garage or storage structure accessory to a dwelling
shall be located in the minimum required front yard.
(2)
In the R-4 District, storage structures accessory to a dwelling
shall be located at least five feet from the side and rear property
lines. In all other R Districts and the S-C District, storage structures
accessory to a dwelling shall be located at least five feet from the
rear property line and at least 10 feet from the side property lines.
(3)
On nonconforming lots that have lot widths that are at least
10 feet less than the minimum lot width required in the zoning district,
a detached garage or storage structure may be located no closer than
three feet to the side property line in the R-4 District and no closer
than five feet to the side property line in all other R Districts
and the S-C District.
G.
Structures Accessory to Nonresidential Structures and Buildings.
(1)
No structure accessory to a nonresidential building or structure,
other than a sign or off-street parking area, shall be located in
the front yard. Signs and off-street parking areas shall be subject
to the requirements of Parts 22 and 23.
(2)
Structures accessory to nonresidential buildings or structures
shall not be located within any required buffer area.
(3)
Where a buffer area is not required, all structures accessory
to nonresidential buildings or structures shall be located at least
10 feet from the rear property line and at least 20 feet from the
side property lines.
H.
Distance from Principal Building. All accessory storage structures
and garages shall be located at least 10 feet from any principal building,
except that a detached garage may be connected to the principal building
by contiguous side walls, breezeways or similar connections.
2104.4.
Visibility at Intersections. No object, including, without limitation,
fences, hedges, trees and other plantings, buildings, structures,
walls, signs and motor vehicles, exceeding a height of three feet,
as measured from the lowest elevation of the center line of any abutting
street, shall be temporarily or permanently placed, erected, installed
or parked within the clear sight triangle required at the intersection
of two streets or the intersection of a nonresidential driveway with
a public street. The required clear sight triangle is illustrated
in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[Ord. 687, 8/12/2015]
The following shall be permitted to project into any required
yard in any zoning district:
2105.1.
Typical architectural features, including, but not limited to,
bay windows, windowsills, chimneys, cornices and eaves, shall be permitted
to project into required yards no more than 18 inches.
2105.2.
Decks and their stairs, stoops and unenclosed porches without
enclosed habitable foundation and without a roof shall be permitted
to project into required front and side yards no more than three feet
and shall be no closer to the rear property line than 20 feet, unless
where facing an I-1 Industrial District in which case such projections
may be no closer to the rear property line than 10 feet. Porches that
have a roof or that are enclosed or have enclosed habitable foundations
shall be subject to the yard requirements for the principal structure.
[Amended by Ord. No. 725, 6/27/2022]
2105.3.
Steps attached to the principal building and open fire escapes
shall be permitted to project into required yards no more than three
feet.
[Ord. 687, 8/12/2015]
The height limitations of this chapter shall not apply to the
following structures: church spires, chimneys, elevator bulkheads
and other mechanical equipment which is part of the principal structure,
conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks,
public utility structures and other structures not intended for human
habitation which do not exceed the height limitations of the zoning
district by more than 15 feet.
[Ord. 687, 8/12/2015]
All businesses which propose drive-through facilities, as defined
by this chapter, as accessory uses or principal uses shall meet all
of the following requirements:
2107.1.
Drive-through facilities proposed on parcels within a planned
shopping center shall have access only from the interior circulation
system within the planned shopping center site. All other properties
shall have frontage on and direct vehicular access to an arterial
or collector street, as defined by this chapter.
2107.2.
In addition to the parking spaces required for the principal
use, a minimum of five standing spaces, in one lane, with a total
length of 100 feet, in direct line with each window or stall shall
be provided for vehicles to wait in line. The standing space shall
not interfere with the use of any required parking spaces and shall
not inhibit the free flow of traffic on the property. The standing
spaces shall be designed so that waiting vehicles shall not stand
in any right-of-way or overflow onto adjacent properties, streets
or berms.
2107.3.
Entrances, exits and standing spaces shall be adequately indicated
with pavement markings and/or directional signs.
2107.4.
Parking areas and circulation patterns shall be adequately striped
and marked to facilitate traffic circulation on the property.
[Ord. 687, 8/12/2015]
Temporary construction trailers or model homes or sales offices
shall be permitted in any zoning district, subject to the following
conditions:
2108.1.
Temporary construction trailers shall be permitted only during
the period that the construction work is in progress under a valid
building permit or under Township approval to install public improvements.
The temporary construction trailer shall be removed upon completion
of the construction authorized under a building permit or upon completion
of the installation of the public improvements in a plan of subdivision.
In the event that construction is phased, the temporary construction
trailer shall be moved from the completed phase to the next phase
when 90% of the required improvements in the completed phase have
been installed as determined by the Township Engineer.
2108.2.
Model homes or sales offices shall be permitted only until 90%
of the lots or dwelling units in the development are sold. In the
case of a phased development, the use of a model home or sales office
shall be permitted to continue only if the subsequent phase is initiated
within six months of the completion of 90% of the lots or dwelling
units in the prior phase.
2108.3.
A temporary use permit for the temporary structure or use shall be obtained from the Zoning Officer in accordance with the requirements of § 27-2607 prior to the commencement of construction and shall be renewed every six months, if necessary, until the project is completed.
2108.4.
Temporary construction trailers shall be located on the lot
on which the construction is progressing and shall not be located
within 25 feet of any property line adjoining residential use.
2108.5.
Temporary construction trailers shall be used only as temporary
field offices and for storage of incidental equipment and supplies
and shall not be used for any dwelling use whatsoever.
2108.6.
No signs or other advertising materials for the project shall
be attached to the temporary construction trailer; however, the name
of the construction company may appear on the trailer.
2108.7.
Class 3 materials, as classified by the National Fire Protection
Association (NFPA), shall not be stored in temporary construction
trailers.
2108.8.
Model homes shall be located on a separate lot and shall meet
all the requirements for permanent dwellings in the zoning district
in which they are located. Sales offices may be located in a model
home or may be located in a trailer located on a vacant lot in the
plan or on the site of construction. If the sales office is located
in a trailer, the trailer shall not be located within 25 feet of any
property line adjoining a residential use. No signs or other advertising
information shall be located on the outside of the trailer or sales
office.
2108.9.
Model homes or sales offices located in a trailer shall not
be utilized for any dwelling use whatsoever during the time they are
approved as a temporary use or structure in accordance with the provisions
of this section.
2108.10.
Model homes or sales offices shall be used primarily for sales
associated with the development in which they are located and shall
not be used as the only place of business for the listing realtor.
[Ord. 687, 8/12/2015]
In the R-1 District, agricultural activities, including greenhouses,
stables, kennels and animal husbandry, where authorized by this chapter,
shall be subject to the following requirements:
2109.1.
Storage of manure or odor- or dust-producing substances shall
be located at least 200 feet from any property line.
2109.2.
Any building used for the keeping, raising or feeding of livestock
and poultry shall be located at least 200 feet from any street line
and from any adjacent landowner's well or dwelling and not less than
100 feet from the landowner's well or property line.
2109.3.
Animal shelters, including indoor kennels, shall be located
no closer than 200 feet to any property line.
2109.4.
Outdoor kennels shall be located at least 300 feet from any
occupied dwelling on an adjacent lot and at least 200 feet from any
property line which adjoins an R-1, R-2, R-2-A, or R-3 District.
2109.5.
Commercial greenhouse heating plants shall be at least 100 feet
from any property line. The retail sales area for a greenhouse shall
not exceed 1,200 square feet. The growing area shall not be considered
sales area.
2109.6.
The minimum lot area for a private stable shall be three acres.
On properties that are 10 acres or less, the minimum lot area required
for each horse or pony shall be two acres per animal. For farms over
10 acres, there shall be no minimum lot area per horse.
2109.7.
No stable shall be located within 200 feet of any property line
or occupied dwelling, other than the stable owner's dwelling.
2109.8.
All grazing and pasture areas shall be adequately fenced.
2109.9.
Retail sales of agricultural products, including garden nursery
or greenhouse sales, shall be permitted accessory to a farm, subject
to the following regulations:
A.
All sales shall be conducted on the premises of a farm, as defined
and regulated by this chapter.
B.
Products sold shall include products raised, grown or produced on
the farm.
C.
All permanent structures shall comply with the yard requirements
for principal structures in the R-1 District.
D.
Seasonal roadside stands shall be located no closer than 15 feet
to any street right-of-way or property line and shall be removed at
the end of each growing season.
E.
Buildings used for retail sales of agricultural products shall not
exceed 1,000 square feet of sales floor area for every 10 acres of
land farmed. No building used for agricultural products shall exceed
5,000 square feet of sales area.
G.
Off-street parking for seasonal roadside stands shall be designed in accordance with § 27-2201; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
H.
Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of § 27-2202 for retail businesses; however, in no case shall fewer than 10 spaces be provided.
I.
Adequate ingress, egress and traffic circulation shall be provided
so that vehicles do not back onto the street right-of-way and do not
park or stand on any street or berm.
J.
One nonilluminated freestanding sign shall be permitted to announce
the agricultural sales, provided the maximum surface area of the sign
shall not exceed 24 square feet, the height of the sign shall not
exceed eight feet and the sign shall be located no closer than 10
feet to any property line or street right-of-way.
K.
Seasonal activities, such as hay rides, Spring and Fall festivals and similar activities related to the farm, shall be subject to all applicable requirements of § 27-1906.56 for retail establishments, provided adequate parking is provided in a temporary parking area based on the ratio specified in § 27-2203 for "all other uses."
[Ord. 687, 8/12/2015]
2110.1.
Outdoor Storage in Commercial and Industrial Districts.
A.
Except for nurseries, garden supply, building supply, custom crafting
and similar businesses which require outside storage of products offered
for sale, storage and display of materials outside a completely enclosed
structure shall not be permitted. In the case of nurseries, garden
supply, building supply, custom crafting and similar businesses, outside
display and storage areas shall be completely enclosed by a security
fence and shall be screened by an opaque fence or hedge which is at
least six feet in height.
B.
In the I-1 District, any material or equipment stored outside an
enclosed building shall be incidental to the principal use of the
lot and shall be stored to the rear of the building or an alternative
location which screens the storage area from public view from the
street or adjacent residential property located at similar elevations
within 500 feet of the property. If existing buildings do not screen
the storage area from public view from the street or adjacent residential
property located at similar elevations within 500 feet of the property,
the area shall be screened by a hedge or opaque fence at least six
feet in height.
2110.2.
Refuse Collection and Waste Disposal. All organic rubbish and
discarded materials shall be placed in tight verminproof containers
on the property and shall be secured in side or rear yards screened
from public view by means of a solid-face fence or wall at least six
feet in height. Containers shall be emptied not less frequently than
once a week. On properties where food is served in paper containers,
covered waste receptacles shall be conspicuously located on the premises
for use by patrons. The management shall be responsible for maintaining
the property free of litter.
2110.3.
Storage of Recreational Vehicles. Recreational vehicles with
a current license or registration and a valid inspection sticker may
be parked or stored in the rear or front yard, provided they do not
encroach on the right-of-way of any public street. At no time shall
such parked or stored vehicle be occupied or used as a dwelling.
[Ord. 687, 8/12/2015]
2111.1.
Applicability. The steep slope controls set forth in this section shall apply in all zoning districts. In the event that such steep slope controls conflict with provisions of the Subdivision and Land Development Ordinance [Chapter22], the Grading Ordinance [Chapter 9] or other ordinances of Collier Township, the more-restrictive provision shall apply.
2111.2.
Restrictions. The following building and development restrictions
apply to areas of steep slopes:
A.
15% to 25% slope: No more than 50% of such area shall be developed and/or graded or stripped of vegetation, subject to more-restrictive requirements in slide-prone areas as described in § 27-2111.5.
B.
25% to 40% slope: No more than 25% of such area shall be developed and/or graded or stripped of vegetation, subject to more-restrictive requirements in slide-prone areas as described in § 27-2111.5.
C.
More than 40% slope: No more than 5% of such area may be developed
and/or stripped of vegetation, subject to the following: The applicant
shall submit a stability report prepared by a professional geotechnical
engineer licensed in the Commonwealth of Pennsylvania addressing the
anticipated environmental and structural impacts of the proposed development
as well as the construction techniques and mitigation measures needed
to reduce soil erosion and uncontrolled runoff and to promote slope
stability, which report shall be acceptable in form and content to
the Township Engineer.
D.
Finished slopes after alteration that are less than 15% may be utilized
for any authorized use in the zoning district in which they are located.
Finished slopes after grading which are in excess of 15% shall be
subject to Subsection 2111.2E and F below.
E.
The portion of the lot or tract which has a finished slope in excess
of 15% shall be used only for any of the following permitted uses:
(1)
Parks or other public or private outdoor recreational uses,
if authorized in the zoning district;
(2)
Permanent open space and/or required buffer areas;
(3)
Agriculture, tree farming or forestry;
(4)
Single-family dwellings if they are authorized as a permitted
use in the zoning district in which the property is located and provided
that the required minimum lot area per dwelling unit shall comply
with the requirements of Subsection 2111.2G below and that the natural
slope in the area where the structure is proposed is less than 25%.
F.
The total area of any lot which has natural slopes or finished slopes
after grading which are in excess of 40% shall be excluded from the
calculation of the minimum lot area, maximum lot coverage or maximum
dwelling unit density required in the zoning district or planned residential
development in which the property is located.
2111.3.
Application for Site Plan Approval.
A.
Any application which proposes cutting or filling of natural slopes
which are in excess of 12% slope shall be accompanied by a geotechnical
report and a certification by a registered soils engineer regarding
the feasibility of the proposed grading, the stability of the finished
slopes, measures to mitigate landslides, soil erosion, sedimentation
and stormwater runoff and potential impacts on adjacent properties.
The consultant selected to prepare the geotechnical report shall have
credentials acceptable to the Township Engineer, and the cost of preparation
of the report shall be borne by the applicant.
B.
The costs of the Township in reviewing a steep slope application,
whether through the Township Engineer or consultant, shall be borne
by the applicant.
2111.4.
Restoration of Site After Clearing Construction.
A.
All steep slopes from which structures or natural cover has been
removed or otherwise destroyed shall be approximately finished and
seeded within a reasonable time of such clearance activity. The phrase
"a reasonable time" shall be interpreted to be within 30 days after
construction activities are completed, unless those activities are
completed between November 1 and April 1. In such case, the required
sodding or seeding shall occur within 30 days of April 1.
B.
In the case where natural cover has been removed to allow imminent
development, the finishing and seeding shall not be required until
grading and construction are completed. "Imminent development" shall
mean development which is reasonably expected to commence based on
approved plans and permits within 30 days of the clearing and grubbing
of the site, said construction to be undertaken on a regular work
schedule of eight hours per day, 40 hours per week.
C.
In all cases where replacement of cover cannot be accomplished immediately upon completion of clearance activities, erosion and sedimentation control measures required by the Township Grading Ordinance [Chapter 9] during clearance and construction shall be maintained on the site until the replacement of cover can be accomplished.
2111.5.
Slide-Prone Area Restrictions. On soils classified in the latest
available edition of the Soil Survey of Allegheny County (USDA —
Soil Conservation Service) as slide-prone or where mapping or other
evidence indicates that the land is subject to subsidence from mining
activities or in any other areas of a site that exhibits signs of
instability, the applicant shall submit a stability report prepared
by a professional geotechnical engineer licensed in the Commonwealth
of Pennsylvania addressing the anticipated environmental and structural
impacts of the proposed development as well as the construction techniques
and mitigation measures needed to reduce soil erosion and uncontrolled
runoff and to promote slope stability, which report shall be acceptable
in form and content to the Township Engineer.
[Ord. 687, 8/12/2015]
2112.1.
Purpose. It is the intent and purpose of these controls to preserve
forests and woodlands and protect public and private property while
allowing a reasonable degree of appropriate forestry activity on property
in all zoning districts.
2112.2.
Applicability.
A.
When a property owner wishes to conduct or permit to be conducted
a timber harvesting operation on his property, such owner shall obtain
a timber harvesting permit from the Township.
B.
A timber harvesting permit shall not be required for the following:
(1)
Timber harvesting in connection with work performed on ground
to be covered by structures, pavement or other improvements noted
on a subdivision or land development plan approved by the Township
Board of Commissioners, where such work is to be commenced within
30 days of the harvesting and all permits for such work have been
issued.
(2)
Timber harvesting on lots less than two acres in size, provided
that no timber harvesting has occurred within five years on any contiguous
lot without a permit.
C.
Even though a permit is not required for the activities described in § 27-1212.2B., such activities must still be performed in compliance with the substantive requirements of § 27-2112.4C through R and in § 27-2112.5.
D.
The Township shall be notified in writing before any timber harvesting
operation begins so that the Township may determine if other Township
permits or approvals are required for the particular operation. The
Township shall be notified at the following times:
2112.3.
Submission Requirements for Permit Application. A timber harvesting
application shall be filed with the Township and shall contain the
following:
A.
A narrative containing the following information:
(1)
The name and address of all landowners.
(2)
Purpose of the proposed operation.
(3)
Total land area involved in the proposed timber harvesting operation,
not to exceed 10 acres per permit.
(4)
Total number of trees selected for harvesting.
(5)
Reforestation narrative outlining the revegetation of the landing
area, skid trails, and harvest area.
(6)
A chart indicating the quantity of trees and the ranges (DBH)
and species of the trees selected for harvesting.
(7)
Stormwater control measures to be used.
(8)
Stream crossings and wetland protection measures to be used.
(9)
A statement confirming that each tree to be removed has been
designated by the consulting or state forester with paint or other
distinctive means at two points so as to be readily visible by the
logger. One point shall be low enough on the tree so as to be visible
on the stump after the tree is removed.
(10)
The name, address and telephone number of the logging operator
to be used, a copy of the logging operator contract and such information
about the identity and experience and background of the operator as
the Township may require.
B.
A legibly drawn site plan containing the following information and
drawn to the following specifications:
(1)
Be drawn to a scale not to exceed one inch equals 100 feet.
(2)
Be drawn on a sheet size not to exceed 30 inches by 40 inches.
A copy of the site plan shall also be provided in digital formal (.pdf
format on CD).
(3)
Be prepared in accordance with standard architectural and engineering
practices.
(4)
Be sealed by engineer(s) and/or surveyor(s) of record.
(5)
The name(s) and address(es) of the landowner and adjacent property
owners.
(6)
Contain a vicinity map, which shows the property(ies) proposed
for timber harvesting as shown on a current Township map. The vicinity
map shall identify all adjacent properties and the name of property
owners surrounding the proposed timber harvesting operation.
(7)
The boundary of the site to be timber-harvested as indicated
by a heavy line with length of course in feet.
(8)
The location and names of streets and roads adjacent to the
proposed timber harvesting operation.
(9)
Utility rights-of-way and/or easements.
(10)
Existing watercourses, floodplains, woodlands and wetlands.
(11)
The required fifty-foot buffer along any harvesting area, landing
area, public road, and adjacent property.
(12)
Topography of the property, including all slopes of 25% or greater
and slide-prone soil areas.
(13)
Earth disturbance locations, including skid trails and landing
areas.
C.
A narrative, including a copy of all commonwealth permits, indicating
that the logging operator shall address and comply with the requirements
of this chapter and of all applicable commonwealth laws and regulations,
including, but not limited to, the following:
D.
Payment of the application fee in an amount to be set from time to
time by resolution of the Board of Commissioners and the agreement
of all applicants to reimburse the Township for the fees it incurs
in using the Township Engineer, Township Solicitor, forester or consulting
forester or other professional consultant in review of the application.
2112.4.
Timber Harvesting Operation Regulations. Any timber harvesting
operation shall meet the following requirements:
A.
At least 30% of the forest cover (canopy) shall be preserved, and
the residual trees shall be well distributed. At least 30% of these
residual trees shall be composed of higher-value species as determined
by a consulting or state forester.
B.
Trees selected for harvesting shall be marked at two distinctive
locations thereon. The higher of the two marks shall be provided around
the entire circumference of the tree. The lower mark must be visible
on the stump after the tree is removed.
C.
A fifty-foot buffer zone, within which no timber harvesting shall
occur, shall be required between the boundary of any timber harvesting
area or landing area and any public street, road or the boundary of
any adjoining property.
D.
Timber harvesting is prohibited on areas with slopes greater than
25%.
E.
Timber harvesting is prohibited within a floodway or floodplain.
F.
As directed by the Township, a soils engineer registered to practice
in the Commonwealth of Pennsylvania shall monitor and report to the
Township, to the extent determined by the Township Engineer to be
advisable given the land in question, all forest activities occurring
on or affecting landslide-prone soils, as classified in the latest
available edition of the Soil Survey of Allegheny County (USDA —
Soil Conservation Service), and/or areas with a slope equal to or
greater than 12%.
G.
No timber harvesting operation or removal of products shall take
place between the hours of 7:00 p.m. and 8:00 a.m. or any time on
Sundays or legal holidays.
H.
Trees falling on adjacent properties as a result of a timber harvesting
operation shall be returned immediately to the landowner's property,
who shall be responsible for any damage, cost or restoration to the
affected adjacent property.
I.
Falling or skidding on or across any public road or right-of-way
is prohibited without the express written consent of the Township,
the Allegheny County Department of Public Works, or the Pennsylvania
Department of Transportation, whichever is responsible for maintenance
of such public road or right-of-way.
J.
Waste material shall be removed to a point out of sight of any public
road or adjacent property. No tops or slash shall be left within 50
feet of any public road, street, adjacent property, or private roadway
providing access to adjoining residential property.
K.
No tops or slash shall be left on or across the boundary of any property
adjoining the timber harvesting operation without the written consent
of the owner thereof.
L.
No tops or slash shall be left in a floodway or floodplain.
M.
The Township shall have the authority to order the suspension of
any timber harvesting operation if, in the Township's opinion, conditions
created by the spring thaw, adverse weather, or any other cause make
soil erosion likely.
N.
Any timber harvesting operation in existence at the time of enactment
of this Part may continue without interruption, provided that application
is made within 30 days of said enactment for a timber harvesting permit
under the provisions of this Part and that such permit is granted.
O.
The maximum term of any permit issued pursuant to this Part shall
be four months. However, because the timber harvesting operation may
be adversely affected or delayed by unusual circumstances of weather
or other occurrences, one additional four-month extension, after payment
of a renewal fee equal to the initial permit fee, may be granted by
the Township.
P.
The Township may require that, prior to completion of the timber
harvesting operation, a written report be filed by the consulting
or state forester indicating what measures should be taken in order
to properly restore the property.
Q.
Upon completion of the timber harvesting operation, all disturbed
areas, including, but not limited to, the landing area(s) and skid
trails, shall be revegetated pursuant to the erosion and sedimentation
control plans and the stormwater management plans as approved by the
Commonwealth of Pennsylvania's Department of Environmental Protection
and/or the Township.
R.
A timber harvesting operation shall not include any on-site processing
of harvested trees or manufacturing, except as permitted by this chapter.
S.
Prior to commencement of timber harvesting, the applicant shall post
bond in form acceptable to the Township Solicitor and in an amount
as determined by the Township Engineer to be sufficient to guarantee
restoration of disturbed areas as required herein. Substitute security
may be permitted if in form acceptable to the Township Solicitor.
2112.5.
Road Maintenance. All persons conducting timber harvesting or
logging, as defined herein, shall meet the following road maintenance
requirements:
A.
Prior to hauling on any Township road, the applicant shall post bond
in an amount to be determined by the Township Engineer, and in form
acceptable to the Township Solicitor, to guarantee restoration of
any road damages by hauling.
B.
The Township shall have the authority to suspend any timber harvesting
operation should the Township determine that conditions of the timber
harvesting operation will cause or make likely damage to a Township-maintained
road.
C.
The repair of roads, bridges and culverts damaged as a result of
the timber harvesting operation shall be repaired to the satisfaction
of the Township.
D.
The permittee, logging operator, or a designated representative shall
not create a new access or use an existing access onto a county- or
state-maintained road without first showing proof that the access
is permitted by the Allegheny County Department of Public Works or
the Commonwealth of Pennsylvania's Department of Transportation.
E.
The permittee, logging operator, or a designated representative shall
not create a new access or use an existing access onto a Township-maintained
road without first obtaining permission from the Township for using
said access.
F.
Any disturbance along a Township-maintained street or road to create
a new or improve upon an existing access shall be reconstructed back
to its original condition as it was prior to the commencement of the
timber harvesting.
2112.6.
Waivers and Enforcement.
A.
The Township Zoning Officer, in his reasonable discretion and upon
the written recommendation of the Township Engineer, shall have the
right to waive any technical or substantive requirement of this Part
if the requirement is determined to be unnecessary to achieve the
environmental preservation purposes of this chapter, if the waiver
results in no additional threat of erosion, landslide, stream pollution
or degradation or adverse impact on adjacent properties and if the
requirement imposes unnecessary hardship. The Township Zoning Officer,
in his reasonable discretion and upon the written recommendation of
the Township Engineer, shall also have the right to add any additional
conditions, at the time of permit issuance or as work under an issued
permit proceeds, including additional bonding or other financial security
for the actual restoration of damaged roads, deemed necessary to protect
the health, welfare and safety of the residents of the Township.
B.
The Township Zoning Officer or his/her designee shall be the enforcement
officer for this Part and shall issue or deny permits hereunder.
C.
The Township Zoning Officer or his/her designee may enter the site
of any timber harvesting operation before, during, or after active
logging to:
2112.7.
Violations and Penalties.
A.
Upon finding that a timber harvesting operation is in violation of
any provision of this Part, the Township shall issue the logging operator
and the landowner a written notice of violation in accordance with
the provisions of this chapter regarding enforcement notices, describing
each violation and specifying a date by which corrective action must
be taken.
B.
The Township may order the immediate suspension of any timber harvesting
operation and may institute any appropriate action to prevent, restrain,
correct or abate the violation of this Part upon finding that:
C.
Suspension orders shall be in writing, shall be issued to the logging
operator and the landowner and shall remain in effect until the timber
harvesting operation is brought into compliance with this Part or
other applicable statutes or regulations.
2112.8.
CONSULTING FORESTER OR STATE FORESTER
FORESTRY
HARVEST AREA
LANDING AREA
PERMITTEE
SKIDDING
SKID TRAIL
SLASH
TIMBER HARVESTING/LOGGING OPERATOR
TIMBER HARVESTING OR LOGGING
TOP
Definitions. The following terms are defined as follows for the purposes of this § 27-2112:
A person employed as a forester by the Commonwealth of Pennsylvania's
Department of Conservation and Natural Resources, Bureau of Forestry,
or a person listed on said Bureau of Forestry's Register of Consulting
Foresters as being a graduate of a forestry school accredited by the
Society of American Foresters and employed full-time as a private
forestry consultant.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
The location on the site where timber harvesting occurs.
A designated location on land where the harvested timber,
including logs, pulpwood, or firewood, is assembled for transportation
off site to processing facilities.
Any property owner, or individual, partnership, company,
firm, association, or corporation representing a property owner, to
whom a timber harvesting permit is issued.
The process of dragging trees on the ground, by any means
necessary, from the harvest area to the landing area.
The trail, path, temporary roadway, or any other unencumbered
route, utilized by the timber harvesting operator to move felled trees
from the harvest area to the landing area.
The woody debris left on the land after timber harvesting,
including logs, chunks, bark, branches, uprooted stumps, and broken
or uprooted trees or shrubs.
Any individual, partnership, company, firm, association or
corporation engaged in timber harvesting, including agents, subcontractors,
and employees thereof.
The cutting down and removal of trees and logs to be converted
to any forest product or for sale to others or for other purposes.
Timber harvesting shall not include the removal of dead or diseased
trees or a homeowner cutting on his own property for his own use.
The upper portions of a felled tree that are unmarketable
because of small size, taper or defect.
[Ord. 687, 8/12/2015]
2113.1.
Purpose. The purpose of this section is to create airport zoning
height regulations with respect to the Pittsburgh International Airport
and the Allegheny County Airport.
2113.2.
AIRPORT ELEVATION
AIRPORT HAZARD
AIRPORT HAZARD AREA
APPROACH SURFACE (ZONE)
CONICAL SURFACE (ZONE)
DEPARTMENT
FAA
HEIGHT
HORIZONTAL SURFACE (ZONE)
LARGER-THAN-UTILITY RUNWAY
NONCONFORMING USE
NON-PRECISION-INSTRUMENT RUNWAY
OBSTRUCTION
PRECISION-INSTRUMENT RUNWAY
PRIMARY SURFACE (ZONE)
RUNWAY
STRUCTURE
TRANSITIONAL SURFACE (ZONE)
TREE
UTILITY RUNWAY
VISUAL RUNWAY
Definitions. The following words and phrases, when used in this
section, shall have the meanings given to them in this subsection,
unless the context clearly indicates otherwise:
The highest point of an airport's usable landing area, measured
in feet above sea level. The airport elevation of the Pittsburgh International
Airport is 1,204 feet above mean sea level. The elevation of the Allegheny
County Airport is 1,250 feet above mean sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this section and
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 27-2113-1,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 27-2113-1,[3] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this section, the datum shall be mean sea level elevation,
unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
27-2113-1,[4] is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds' maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this section
or an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area-type navigation equipment, for which a straight-in non-precision-instrument
approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this section.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 27-2113-1,[5] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including, but without limitation, buildings, towers, cranes,
smokestacks, earth formations and overhead transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 27-2113-1,[6] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds' maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
[3]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
[4]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
[5]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
[6]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
2113.3.
Applicability.
A.
The regulations in this subsection shall apply to uses and structures
located within areas illustrated on the Pittsburgh International Airport
(PIT) Airspace Plan (Drawing 7c of 19 of the PIT Airport Master Plan,
as amended), and on the Allegheny County Airport (AGC) Airspace Plan
(Drawing 7 of the AGC Airport Master Plan, as amended), which PIT
Airspace Plan and AGC Airport Master Plan are incorporated hereby
by reference, which include the following zones as described in Figure
27-2113-1 of this section:[7]
(1)
Approach surface zone.
(2)
Conical surface zone.
(3)
Horizontal surface zone.
(4)
Primary surface zone.
(5)
Transitional surface zone.
[7]
Editor's Note: Figure 27-2113-1 is included as an attachment to this chapter.
B.
Said drawings referenced in this § 27-2113.3 are attached, respectively, as Figures 27-2113-2 and 27-2113-3,[8] and shall be applied as may be amended in the future.
[8]
Editor's Note: Figures 27-2113-2 and 27-2113.3 are included as attachments to this chapter.
2113.4.
Permit Applications. As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered to be in compliance with the intent of this subsection. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 27-2113.5, Variance.
A.
No permit is required to make maintenance repairs to or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
B.
No notice or review under this subsection is required for any of
the following construction or alteration:
(1)
Any object that would be shielded by existing structures of
a permanent and substantial character or by natural terrain or topographic
features of equal or greater height and would be located in the congested
area of a city, town, or settlement where it is evident beyond all
reasonable doubt that the structure so shielded will not adversely
affect safety in air navigation.
(2)
Any antenna structure of 20 feet or less in height except one
that would increase the height of another antenna structure.
(3)
Any air navigation facility, airport visual approach or landing
aid, aircraft arresting device, or meteorological device, of a type
approved by the Administrator, or an appropriate military service
on military airports, the location and height of which is fixed by
functional purpose.
(4)
Any construction or alteration for which notice is required
by any other FAA regulation.
2113.5.
Variance. Any request for a variance shall include documentation
in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1, as
amended or replaced). Determinations of whether to grant a variance
will depend on the determinations made by the FAA and the Department's
BOA as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable air space. In
particular, the request for a variance shall consider which of the
following categories the FAA has placed the proposed construction
in:
A.
No Objection. The subject construction is determined to not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance shall be granted.
B.
Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 27-2113.8, Obstruction Marking and Lighting.
C.
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied,
and the reasons for this determination shall be outlined to the applicant.
Such requests for variances shall be granted where it is duly found
that a literal application or enforcement of the regulations will
result in unnecessary hardship and that relief granted will not be
contrary to the public interest, will not create a hazard to air navigation,
will do substantial justice, and will be in accordance with the intent
of this section.
2113.6.
Use Restrictions. Notwithstanding any other provisions of this
section, no use shall be made of land or water within those portions
of the Township lying within the areas illustrated on the PIT Airspace
Plan (Drawing 7c of 19 of the PIT Airport Master Plan, as amended),
or on the AGC Airspace Plan (Drawing 7 of 14 of the AGC Airport Master
Plan, as amended), in such a manner as to create electrical interference
with navigational signals or radio communications between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, impair visibility in the vicinity of the
airport, create bird strike hazards, or otherwise endanger or interfere
with the landing, takeoff or maneuvering of aircraft utilizing the
Pittsburgh International Airport or the Allegheny County Airport.
2113.7.
Preexisting Nonconforming Uses. The regulations prescribed by
this section shall not be construed to require the removal, lowering,
or other change or alteration of any structure or tree not conforming
to the regulations as of the effective date of this section or to
otherwise interfere with the continuance of a nonconforming use. No
nonconforming use shall be structurally altered or permitted to grow
higher, so as to increase the nonconformity; and a nonconforming use,
once substantially abated (subject to the underlying Zoning Ordinance),
may only be reestablished consistent with the provisions herein.
2113.8.
Obstruction Marking and Lighting. Any permit or variance granted
pursuant to the provisions of this section may be conditioned according
to the conditional determination process described in Subsection 2113.5
to require the owner of the structure or object of natural growth
in question to permit the municipality, at its own expense, or to
require the person requesting the permit or variance, to install,
operate, and maintain such marking or lighting as deemed necessary
to assure both ground and air safety.
2113.9.
Conflicting Regulations. Where there exists a conflict between
any of the regulations or limitations prescribed in this section and
any other regulation applicable to the same area, the more-stringent
limitation or requirement shall govern and prevail.
[Added by Ord. No. 723, 7/25/2022]
All businesses which propose pickup window facilities, as defined
by this chapter, as accessory uses shall meet the following requirements:
2114.1.
In addition to the parking spaces required for the principal
use, a minimum of two spaces (inclusive of the pickup window stall),
in one lane, with a total length of 25 feet, in direct line with the
pickup window or stall shall be provided for vehicles to wait in line.
The spaces shall not interfere with the use of any required parking
spaces and shall not inhibit the free flow of traffic on the property.
The spaces shall be designed so that waiting vehicles shall not stand
in any right-of-way or overflow onto adjacent properties, streets,
or beams.
2114.2.
Entrances, exists and standing spaces shall be adequately indicated
with pavement markings and/or directional signs.
2114.3.
Parking areas and circulation patterns shall be adequately striped
and marked to facilitate traffic circulation on the property.
