1.
This Part establishes additional specific requirements for certain
specific uses, in addition to the sign, parking, environmental and
other general requirements of this chapter and the requirements of
each district. Wherever two requirements conflict, the stricter requirement
shall apply.
2.
For uses allowed within a specific zoning district as special exception or conditional uses, see the procedures and general standards in §§ 27-119 and 27-120. These §§ 27-402 and 27-403 list a set of additional standards to be used in determining whether a proposed special exception or conditional use should be approved.
1.
Each of the following uses shall meet all of the following requirements
for that use:
A.
ADULT USE. (This is limited to the following: adult store, adult
movie theater, massage parlor or adult live entertainment use).
(1)
Purposes. The regulations on adult uses are intended to serve
the following purposes, in addition to the overall objectives of this
chapter:
(a)
To recognize the adverse secondary impacts of adult uses that
affect health, safety and general welfare concerns of the Township.
These secondary impacts have been documented in research conducted
across the nation. These secondary impacts typically include, but
are not limited to: increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable diseases, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
(b)
To limit adult uses to locations where these secondary impacts
can be minimized, particularly as they affect residential neighborhoods
and commercial revitalization.
(c)
To not attempt to suppress any activities protected by the "free
speech" protections of the State and United States Constitutions,
but instead to control secondary effects.
(2)
An adult use and its parking area shall not be located in any
of the following locations:
(4)
No pornographic material, displays or words shall be placed
in view of persons who are not inside of the establishment. Definite
precautions shall be made to prohibit minors from entering the premises.
(5)
The applicant shall describe measures that will be implemented
to minimize adverse impacts upon the surrounding area.
(6)
No such use shall be used for any purpose that violates any
federal, state or Township law. Any violation of this zoning requirement
involving a serious criminal offense that the proprietor has continuing
knowledge of and allows to occur shall be sufficient reason for the
Township to withdraw Township permits.
(8)
The applicant shall prove compliance with the State Liquor Code
and licenses.
(9)
The use shall not include the sale or display of obscene materials,
as defined by state law, as may be amended by applicable court decisions.
(10)
These uses are specifically prohibited in all districts except
where specifically permitted by Part 3.
(11)
A minimum lot area of two acres is required.
(12)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers. No room
of any kind accessible to customers shall include less than 150 square
feet.
(14)
Only lawful massages as defined by state court decisions shall
be performed in a massage parlor.
(15)
Except for an adult live entertainment use, all persons within
any adult use shall wear nontransparent garments that cover their
genitals and the female areola.
(16)
The applicant shall provide a written affidavit stating that
he/she has mailed or delivered a written notice of the proposed hearing
date to all property owners of record within 500 feet of the subject
property at least 10 days prior to the hearing date.
(17)
Any application for such use shall state the legal name of,
mailing address of, and daytime phone number(s) that provides access
to an on-site manager responsible to ensure compliance with this chapter.
Such information shall be updated immediately in writing to the Zoning
Officer if the information changes.
(18)
The use shall not operate between the hours of 12:00 midnight
and 7:00 a.m. If a liquor license is lawfully issued, this midnight
closing regulation shall not by itself require the tavern/restaurant
business to be closed, but all adult use activities shall cease by
12:00 midnight.
(19)
As specific conditions of approval under this chapter, the applicant
shall prove compliance, where applicable, with the following state
laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which
pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00
a.m.), Act 207 of 1990 (which pertains to obscenity), and Act 120
of 1996 (which pertains to adult-oriented establishments and which
limits enclosed viewing booths, among other matters).
C.
AUDITORIUM, COMMERCIAL or NIGHTCLUB.
(1)
A forty-foot buffer yard shall completely separate the structure
and all off-street parking areas from any lot line of any residential
use or undeveloped residentially zoned lot.
(2)
A commercial auditorium shall have a minimum lot size of one
acre for each 150 seats.
(3)
The structure of a commercial auditorium or nightclub with a
capacity of 300 or more persons shall be set back a minimum of 300
feet from the lot line of any residential use or residential district.
D.
AUTO REPAIR GARAGE.
(1)
All major repair, welding and paint work shall be performed
within a building, with a fume collection and ventilation system that
is directs fumes away from any adjacent dwellings.
(2)
All reasonable efforts shall be made to prevent or minimize
noise, odor, vibration, light or electrical interference to adjacent
lots.
(3)
Outdoor storage of autos and other vehicles shall not be within a paved area setback required by § 27-603 nor closer than 20 feet from a lot line of an existing dwelling.
(4)
Overnight outdoor storage of junk, other than junk vehicles,
shall be prohibited within view of a public street or a dwelling.
(5)
An individual junk vehicle (as defined by Part 2) shall not
be stored within view of a public street or a dwelling for a total
of more than 20 days. No junk vehicles shall be stored within 20 feet
of an existing street right-of-way line. A maximum of six junk vehicles
may be parked on a lot outside of an enclosed building at any one
time.
(6)
Service bay doors shall not face directly towards an abutting
dwelling, not including a dwelling separated from the garage by a
street.
F.
AUTO SERVICE STATION.
(1)
See definition in Part 2, and the definition of "auto repair
garage."
(2)
All activities except those to be performed at the fuel or air
pumps shall be performed within a building.
(3)
Fuel pumps shall be at least 25 feet from the existing street
right-of-way.
(4)
Overnight outdoor storage of junk other than permitted junk
vehicles shall be prohibited within view of a public street or dwelling.
(5)
An individual junk vehicle (as defined by Part 2) shall not
be stored within view of a public street or a dwelling for more than
a total of 20 days. No junk vehicles shall be stored within 20 feet
of an existing street right-of-way. No more than three junk vehicles
shall be stored on the lot outside of an enclosed building at any
point in time.
(6)
There shall be space for a minimum of four vehicles to be serviced
at each cluster of gasoline pumps or to be lined up behind cars being
serviced, without obstruction of access into or out of the driveways
from public streets.
G.
BED-AND-BREAKFAST USE.
(1)
Bed-and-breakfast uses shall have a minimum lot size of 12,000
square feet.
(2)
In a noncommercial district, no more than five guest rooms shall
be provided and no more than two adults and two children may occupy
one guest room.
(3)
One off-street parking space shall be provided for each guest
room.
(4)
At least one full bathroom separate from the host family's bathroom
shall be provided for every three guest rooms.
(5)
There shall be no use of show windows or any type of display
or advertising visible from outside the premises.
(6)
No external alterations or changes to the exterior structure
shall be permitted that would reduce the residential and/or historic
appearance of the building as viewed from a public street, except
for improvements that the Zoning Officer determines to be necessary
for firesafety and/or access for persons with disabilities.
(7)
The use shall be owned and/or operated by a person(s) who resides
on the premises.
(8)
There shall be no separate kitchen or cooking facilities in
any guest room. Meals shall not be served to customers who are not
staying overnight.
(9)
The use may not be established until there is compliance with
all Township rules and regulations.
(10)
The existing on-site sewage disposal system shall be reevaluated
as being adequate, in accordance with local and state regulations.
(11)
The facility shall be inspected for compliance with firesafety
regulations.
(12)
A floor plan and site plan of the property shall be submitted
to the Zoning Officer for review and approval prior to operating a
bed-and-breakfast use.
(13)
Shall be restricted to buildings that existed prior to January
1, 1950.
I.
BOARDINGHOUSE (or ROOMING HOUSE).
(1)
Minimum lot area: 1 1/2 acres.
(2)
Minimum setback from all lot lines: 50 feet.
(3)
Minimum lot width: 200 feet.
(4)
Maximum density: three bedrooms or six persons per acre.
(5)
Each sleeping room shall be limited to two persons each.
(7)
Interior Space. A minimum of 400 square feet of interior floor
space per resident.
(8)
Maximum number of residents: 20.
(9)
See also standards for personal care homes, which is a separate
use.
(10)
Signs shall be limited to two wall signs with a maximum of two
square feet each.
(11)
Rooms shall be rented for a minimum period of five consecutive
days.
J.
BUS TERMINAL, INTER-CITY. For regular scheduled service between metropolitan
areas; bus stations and bus stops for local bus service are not regulated
by this chapter.
(1)
Street access from the bus station to an arterial street or
an expressway shall not require driving on a local street that is
primarily residential.
(2)
Shall provide an area for the loading and unloading of buses
separate from required off-street parking areas, and a separate area
for pickup and dropoff of persons from private vehicles.
(3)
May be an accessory use to a permitted shopping center or restaurant,
provided that the applicant proves to the Zoning Officer that there
is adequate room for movements by the bus on the site or an adequate
street shoulder for stops.
K.
CAMPGROUND.
(1)
Any sleeping quarters or tent sites shall not be within the
one-hundred-year floodway and shall be set back a minimum of 75 feet
from all exterior lot lines.
(2)
For each acre of total lot area, there shall be a maximum average
of: (a) two recreational vehicle sites; (b) five tent sites; or (c)
cabin sleeping capacity for six persons. Such sites may be clustered
in portions of the tract.
(3)
Maximum impervious coverage: 10%.
(4)
Any store shall be limited to sales of common household and
camping items to persons camping on the site.
(5)
A commercial campground shall include at least one gravel or
paved entrance road from a public street, with a minimum width of
16 feet.
(6)
Minimum lot area: five acres.
(7)
All campsites and recreational vehicle sites shall be set back
a minimum of 100 feet from all residential lot lines.
L.
CAR WASH.
(1)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets.
(2)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(3)
Adequate provisions shall be made for the proper and convenient
disposal of refuse.
(4)
Water used in the operation shall be collected and recycled
and shall not flow into any storm sewers or waterways.
(5)
Water from the car wash operation shall require installation
of a grease trap and shall not flow onto sidewalks or streets, to
prevent hazards from ice.
(6)
Any car wash that is located within 250 feet of an existing
dwelling shall not operate between the hours of 9:00 p.m. and 7:00
a.m.
(7)
Any chemicals that may be hazardous to aquatic life shall be
stored within an area that will completely contain any leaks or spills.
M.
CARE AND TREATMENT FACILITIES FOR YOUTH.
(1)
Included Services. Care and treatment facilities for youth include
care and treatment services for persons age 18 and younger, and their
families when related to the treatment of youth. This use may include
a general child-care facility, diagnostic assessment of children and
youth, day care and treatment of children and youth, residential group
home care, community mental health services for children and youth,
recreation for children and youth in care, and educational services
for children and youth in care. The use may also include services
for persons of any age who were served as youth but have aged beyond
age 21.
(2)
Minimum Lot Requirements.
(a)
The use shall have a minimum lot area of eight acres and shall
have frontage on an arterial street.
(b)
School buildings associated with care and treatment facilities
primarily for children may be located upon a separate lot which shall
have a minimum size of three acres, which is in addition to the eight-acre
requirements of this section and shall be subject to all zoning restrictions
applicable to primary or secondary school buildings.
(3)
Structural Limitations. To the extent possible consistent with
the physical needs of the use for which a structure is intended, the
exterior design shall be residential in character and subject to the
height and setback provisions generally applicable to the zone.
(4)
If by its terms, or otherwise, the Salisbury Township Subdivision and Land Development Ordinance [Chapter 22], as amended, is not applicable to any development proposed under this section of this chapter, an applicant for any such development shall nonetheless comply with all procedural and substantive provisions of the Subdivision and Land Development Ordinance [Chapter 22].
(5)
The use shall not include a parking structure of more than one
level within 500 feet of a residential lot line.
N.
CEMETERY.
(1)
Minimum lot area: two acres.
(2)
A crematorium, where allowed, shall be set back a minimum of
250 feet from all lot lines of existing dwellings and all undeveloped
residentially zoned lots.
(3)
All structures and graves shall be set back a minimum of 30
feet from the lot line of an abutting dwelling or any undeveloped
residentially zoned lot, 20 feet from the future right-of-way of any
public street and 10 feet from the cartway of an internal driveway.
(4)
No grave sites shall be located within the one-hundred-year
floodplain.
(5)
The use shall include an appropriate system to ensure perpetual
maintenance.
O.
COMMERCIAL SWIMMING POOL. See "swimming pool, nonhousehold."
P.
COMMERCIAL COMMUNICATIONS TOWERS. This subsection prescribes the
standards which must be met prior to the erection of a new commercial
communications tower (hereinafter referred to as "tower") within the
Township:
(1)
AMERICAN NATURAL STANDARDS INSTITUTE (ANSI)
ANTENNA
CELLULAR TELEPHONE
COMMERCIAL COMMUNICATIONS TOWER
CONSTRUCTION PERMIT
ELECTROMAGNETIC RADIATION (EMR)
FM/TELEVISION BROADCASTING
HEIGHT ABOVE AVERAGE TERRAIN (HAAT)
HEIGHT OF TOWER
INTERMODULATION
LAND-MOBILE SYSTEMS
LEASE TOWER
POINT-TO-POINT MICROWAVE
RF INTERFERENCE
STRUCTURAL CAPACITY
Definitions. For the purpose of this subsection, the following
definitions shall apply:
A national organization which formulates guidelines and standards.
ANSI standards are recognized as authoritative by the FCC.
A system of electrical conductors that transmit or receive
radio waves.
A system providing portable telephone service to specific
subscribers. The system works on a line-of-sight principle. Each company
must set up a "grid" system of antennas on hilltops to provide complete
coverage.
A structure, partially or wholly exterior to a building,
used for transmitting or retransmitting electronic signals. Commercial
communications towers include, but are not limited to, a radio common
carrier tower or an antenna used for transmitting commercial radio
or television signals, microwave signals, cellular telephone communications
and/or satellite communications. A commercial communications tower
shall not include an amateur radio antenna or a satellite dish antenna
(as defined by this section) or an emergency services radio antenna
if such are accessory to a permitted use.
A document issued by the FCC to a broadcast applicant giving
permission to construct a radio or TV broadcast station. It is not
the same as a station license.
A technical term for the nature of energy emitted by a transmitting
antenna.
Transmission of radio and/or television programs intended
for reception by the general public. An "FM/television broadcasting
tower" shall mean a tower maintaining the primary or main transmitter
of an FCC-licensed broadcast station.
A technical term used by the FCC to determine the effective
height of an antenna by considering the effects of terrain variations
in the coverage area provided by the antenna.
The overall height of the tower from the base of the tower
to the highest point of the tower, including, but not limited to,
antennas, transmitters, satellite dishes or any other structures affixed
to or otherwise placed on the tower. If the base of the tower is not
on ground level, the height of the tower shall include the base of
the building or structure to which the tower is attached.
A technical term referring to the possible mixing of two
signals which creates unwanted and potentially interfering signals.
Radio communication service for mobile or stationary units
in which each user is assigned a particular frequency. It includes
conventional two-way radio, special mobile radio service and one-way
paging.
A tower whose owner has as his principal business the leasing
of tower space to other users.
Communication between specific points using frequencies above
900 MHz; normally transmitted between two towers optimally located
for line-of-sight transmission. Uses low power levels.
Disturbances in reception caused by intruding signals or
electrical current.
A term describing the physical ability of a tower and associated
antennas to withstand design loading without collapsing.
(2)
Principal Use. Except for cellular telephone towers, other types of commercial communications towers are a principal use. No other principal use is permitted on a lot with such a tower. [See Subsection P(13)(c) for cellular telephone towers.]
(3)
Tower Classifications. A tower and accessory facilities may
be permitted for the following uses if they comply with all of the
requirements of this subsection:
(4)
Setback Requirements.
(a)
The distance from the base of the proposed tower to the nearest point on the lot line shall not be less than the full height of the tower. [Refer to Subsection P(13)(c) for cellular telephone towers.]
(b)
Guy wire anchors, if used, shall be set back a minimum of 40
feet from any lot line.
(c)
If additional towers are present on the same lot, the distance
from the base of the proposed tower to the base of the nearest tower,
if it is self-supporting, or the nearest guy anchor of a non-self-supporting
tower, shall not be less than the full height of the tallest tower.
(5)
Accessory Facilities. Accessory facilities are permitted on
the same lot as a tower, subject to the following conditions:
(a)
A single accessory facility containing equipment and control
devices for the continuing operation of a tower may be located on
the lot.
(b)
No building or facility may be used as an office or as a broadcast
studio. No building or facility may be used for long-term vehicle
storage or for other outdoor storage.
(c)
No on-site employees shall be permitted to utilize any accessory
facility as an office. Employees are permitted to visit the site as
often as necessary for maintenance and inspection of the tower and
its accessory uses.
(d)
Accessory facilities may be lighted for security or for maintenance
purposes. Any such lighting shall be shielded, and no lights shall
be emitted upward or spill over onto adjacent properties. Upward lighting
will be permitted only on a temporary basis as may be required for
emergency tower maintenance or repair.
(6)
Parking Requirements. Two off-street paved parking spaces per
tower shall be required. The parking spaces shall conform to the parking
standards of this chapter.
(7)
RF Interference to Existing Facilities. The applicant shall
demonstrate that the proposed transmitting facility will not cause
RF interference to any existing communications services (including,
but not limited to, other towers or transmitting facilities, communication
services reception by other property owners, etc.) in accordance with
the FCC requirements for the applicant's class of operation.
(8)
EMR Compliance. The applicant shall demonstrate that the proposed
RMS field intensity of EMR from the applicant's antenna(s) measured
at the nearest point on the boundary of the applicant's site from
the proposed antenna will not exceed the levels allowed under ANSI
Standard C95.3.
(9)
Environmental Impact. All new towers proposed in the Township
shall conform to the following environmental impact guidelines:
(a)
Existing on-site vegetation shall be preserved to the maximum
extent practicable.
(b)
If the proposed tower is less than 200 feet high and is exempt
from any special FAA marking requirements, the tower shall be painted
silver above the tree line level and painted green below the tree
line level.
(c)
Artificial lighting is prohibited on all proposed towers unless
required by the FAA. When artificial lighting is required, the use
of strobe lighting is prohibited unless specifically required by the
FAA.
(d)
Where the site abuts a public street or lot that is either zoned residential or used for a residential use, and where the base of the tower can be seen from the public street, or from a dwelling on the residential lot, the site perimeter shall be buffered by planting natural screening which blends in with existing vegetation to provide an effective screen. Such screening shall meet the requirements of § 27-803, Subsection 2. Existing vegetation, fences or walls may be used if the Zoning Hearing Board finds:
(10)
Observatory Telescope Line-of-Sight Clearance. There shall be
maintained an unobstructed twenty-degree line of sight measured from
the horizontal plane surrounding any observatory telescope where the
observatory telescope has an aperture of greater than 25 centimeters
and the observatory facility is erected for the public use for research
and/or educational purposes.
(11)
FAA Lighting and Marking Requirements. Lighting shall be installed
on a tower if it is required by the FAA. If lighting is not required
by the FAA or any other governmental agency having jurisdiction, then
lighting shall not be installed on a tower. Only the minimum lighting
necessary to meet governmental requirements shall be permitted. If
strobe lights or flashing mechanisms are not required by such government
agencies, then such lighting shall not be permitted.
(12)
Tower Design and Installation.
(a)
All towers shall be built and certified in accordance with the
Electronics Industries Alliance 22 standard or its successor standard.
(b)
If a non-self-supported tower is proposed, the applicant must
use a guy wire configuration which is at least the minimum specified
by the tower manufacturer.
(c)
All new towers permitted after the effective date of this subsection
must be engineered to accommodate additional new users.
(d)
The base of the tower shall be surrounded by a secure fence
with a minimum height of eight feet.
(e)
The tower design and installation shall also comply with any
additional federal, state and local regulations as may apply.
(13)
Specific Additional Requirements for Each Tower Classification.
(a)
FM/Television Broadcasting Use. An applicant proposing to erect
a new tower for an FM/television broadcasting use as defined herein
shall also comply with the following standards:
1)
The applicant shall demonstrate that the requested location
is necessary to satisfy the signal coverage requirements mandated
by the FCC for the applicant's particular class of operation.
2)
The applicant shall request the minimum antenna height above
ground level which will satisfy the HAAT requirements stipulated on
the applicant's FCC construction permit, provided the requested height
of the tower does not exceed 400 feet above ground level.
(b)
Land Mobile Radio Use. An applicant proposing to erect a new
tower for land mobile radio use as defined herein shall also comply
with the following:
1)
The applicant shall demonstrate that the requested location
can be reasonably expected to provide the signal coverage deemed necessary
by the applicant.
2)
The applicant shall request the minimum antenna height above
ground level which will satisfy the antenna height requirements stipulated
on the applicant's FCC license, provided the requested height of the
tower does not exceed 199 feet above ground level.
(c)
Cellular Telephone
Use. An applicant proposing to erect a new tower for cellular telephone
use shall also comply with the following:
1)
The applicant shall demonstrate that the requested location
is necessary to satisfy its function within the company grid system.
2)
The applicant shall demonstrate that existing tall structures
within a one-quarter-mile radius of the proposed operation will not
accommodate the applicant's proposed operation. The Zoning Hearing
Board may deny the application to erect a new tower if the applicant
has not made a good-faith effort to mount the antenna on an existing
structure.
3)
The applicant shall request the minimum tower height necessary
to satisfy its function in the company's grid system, provided the
requested height of the tower does not exceed 199 feet above ground
level.
4)
Notwithstanding any other provisions in this subsection, the
following shall also apply to cellular telephone use since each cellular
telephone system is set up in a unique system of antennas to create
a network for complete and adequate service:
a)
A cellular telephone tower may be located on a lot with additional
principal uses or buildings.
b)
Buffer yard requirements of § 27-803, Subsection 2, shall be met if any cellular telephone tower is constructed within 100 feet of a "residential lot line" (as defined in Part 2 of this chapter). The buffer width shall be 20 feet. Existing vegetation, fences or walls may be used if the Zoning Hearing Board finds that the criteria of Subsection 1P(9)(d)1), 2) or 3) of this subsection are met.
c)
If the cellular telephone towers will be located in the I or
C3 District, then the setbacks shall be reduced to 50% of the height
of the tower (as defined earlier in this subsection); unless the property
on which the tower is proposed abuts a residential zone or residential
use, in which case the setback shall remain 100% of the height of
the tower along those lot lines. Any setbacks between towers in the
I or C3 District and any other towers, structures or buildings shall
be reduced to 50% of the height of the tower or the taller tower if
there is more than one tower on the lot.
d)
Point-to-Point Microwave Use. An applicant proposing to erect
a new tower for point-to-point microwave use shall also comply with
the following:
1)
The applicant shall demonstrate that the requested location
is necessary to satisfy its function within the overall microwave
system.
2)
The applicant shall request the minimum tower height necessary
to satisfy line-of-sight requirements to the next relay links in the
microwave system, provided that the requested height of the tower
does not exceed 199 feet above ground level.
e)
Lease Tower Use. An applicant proposing to erect
a lease tower shall comply with the following:
1)
The applicant shall demonstrate that the requested
location may be reasonably expected to provide the signal coverage
required by prospective users.
2)
The applicant shall request the minimum antenna
height above ground level which will reasonably accommodate the antenna
height requirements of prospective users, provided that the requested
height of the tower does not exceed 199 feet above ground.
f)
Requirements for Any Other Use. An applicant proposing
to erect a new tower for any other use shall also comply with the
following:
1)
The applicant shall demonstrate that the requested
location can be reasonably expected to provide the signal coverage
deemed necessary by the applicant.
2)
The applicant must request the minimum antenna height
above ground level which will satisfy the antenna height requirements
stipulated on the applicant's FCC license, provided the requested
height of the tower does not exceed 199 feet.
(14)
Shared Use Requirements.
(a)
Lease Tower. An applicant proposing to construct a lease tower
shall first demonstrate that the existing tower(s) owned by the applicant,
or any affiliate or subsidiary of the applicant, cannot reasonably
accommodate the telecommunications equipment planned for the proposed
tower. In addition, the applicant shall submit:
1)
A wind-loading analysis, certified by a licensed professional
communications engineer or licensed professional civil/structural
engineer, which demonstrates that the proposed telecommunications
equipment will exceed the structural capacity of the existing tower,
and the existing tower whose structural capacity would be exceeded
by the applicant's proposed equipment cannot be structurally reinforced
to accommodate the applicant's proposed equipment at reasonable cost.
2)
A study that "combining" existing equipment and/or "duplexing"
existing equipment is not reasonable or reasonably suitable for the
new proposed equipment.
3)
An intermodulation analysis, certified by a professional communications
engineer, which demonstrates that the proposed new equipment will
not cause undue RF interference to existing communications services
on the existing tower. If the applicant demonstrates Subsection 1P(14)(a)1)
and 2) to the satisfaction of the Zoning Hearing Board, then the intermodulation
analysis may be submitted but shall not be mandatory.
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The applicant shall also submit evidence that the combined total
RMS field intensity of EMR from all emitters on the existing tower(s)
and the proposed tower, including the applicant's proposed antenna,
measured at the nearest point on the boundary of the tower site from
the nearest tower, will not exceed the levels allowed under ANSI Standard
C95.3.
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(b)
All Tower Uses with the Exception of Lease Tower Uses. All applicants
requesting permission to erect a new tower in the Township must demonstrate
that existing towers within a one-mile radius of the proposed tower
cannot accommodate the applicant's proposed operation. Documentation
must be provided to show that the applicant has contacted, by certified
mail, return receipt requested, all tower owners within a one-mile
radius of the proposed tower and that each of these towers cannot
support the new proposed equipment. The Zoning Hearing Board may deny
the application to erect a new tower if the applicant has not made
a good-faith effort to determine the suitability of existing towers.
(15)
Application Contents for a New Tower. An application for permission
to erect a new tower in the Township shall include:
(a)
A copy of the applicant's FCC construction permit (for broadcast
use) or FCC station license (for other uses).
(b)
A detailed site plan, drawn to scale and identifying the site
boundary; the proposed tower and any existing towers; guy wire anchors;
existing and proposed structures; existing vegetation to be retained,
removed or replaced; and uses, structures and land use designations
on the site and abutting parcels.
(d)
A statement from the FCC, FAA and state aeronautics division
that the proposed tower complies with applicable regulations or that
the tower is exempt from those regulations.
(e)
An intermodulation analysis, certified by a professional communications
engineer, which demonstrates that the proposed new equipment will
not cause undue RF interference to existing towers or transmitting
facilities or communications service reception by other property owners.
The applicant shall be responsible to resolve all instances of interference
caused by the actual operation of the tower that occur after its installation.
(16)
Application Contents for Adding a New Antenna to an Existing
Tower. Prior to the installation of an antenna on an existing tower,
an applicant shall obtain a zoning permit from the Township. The application
for such permit shall include:
(a)
A wind-loading analysis, certified by a licensed professional
communications engineer or licensed professional civil/structural
engineer, which demonstrates that the proposed telecommunication equipment
will not exceed the structural capacity of the existing tower.
(b)
An intermodulation analysis which demonstrates that the proposed
transmitting facility will not cause RF interference to any existing
communications services (including, but not limited to, other towers
or transmitting facilities, communications services reception by other
property owners, etc.) in accordance with the FCC requirements for
the applicant's class of operation. The applicant shall be responsible
to resolve all instances of interference caused by the actual operation
of the tower, and any additional antennas, after installation.
(c)
Information demonstrating that the RMS field intensity of EMR
from the applicant's tower (with all existing and proposed antennas),
measured at the nearest point on the boundary of the applicant's site
from the proposed antenna, will not exceed the levels allowed under
ANSI Standard C95.3.
Q.
CONVERSION OF AN EXISTING BUILDING RESULTING IN AN INCREASED NUMBER
OF DWELLING UNITS (not including development of one accessory apartment
within a single-family detached dwelling).
(1)
Applicable state firesafety requirements shall be met.
(2)
Sewer Service. Any on-lot septic system shall be recertified
if the sewage flows will expand.
(3)
The following regulations shall apply to the conversion of an
existing single-family detached dwelling into a greater number of
dwelling units:
(a)
The building shall maintain the appearance of a single-family
detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may internally share the single front entrance.
(b)
The conversion shall not be permitted if it would require the
placement of an additional exterior stairway more than 10 feet high
on the front of the building or would require the placement of more
than three off-street parking spaces in the required front yard.
(4)
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of an historic
building.
(5)
Separate cooking and sanitary facilities shall be provided for
each dwelling unit.
(8)
See, if applicable, requirements for "accessory apartment within an existing single-family detached dwelling" within § 27-403.
(9)
A site plan shall be submitted to the Zoning Officer.
(10)
Each dwelling unit shall include a minimum of 500 square feet
of habitable heated indoor floor area.
(11)
The lot shall contain a minimum of 3,000 square feet of lot
area per dwelling unit.
R.
CULTURAL CENTER/COMMUNITY CENTER. No developed active outdoor recreation
area shall be located closer than 25 feet to any lot line of an abutting
dwelling.
S.
DAY-CARE CENTER (CHILD) or GROUP DAY-CARE HOME.
(2)
The use shall comply with any applicable county, state and federal
regulations, including having an appropriate Pennsylvania Department
of Public Welfare registration certificate or license.
(3)
Convenient parking spaces within the requirements of Part 4
shall be provided for persons delivering and waiting for children.
(4)
In residential districts, where permitted as a principal use,
a day-care center shall have a minimum lot area of 20,000 square feet
and a minimum setback of 15 feet from an abutting residential lot
line. In the Health Care Overlay District the twenty-thousand-square-foot
lot area shall not apply.
(5)
Shall include adequate measures to ensure the safety of children
from traffic or other nearby hazards. This shall include a secure
fence around any outdoor areas abutting streets that are routinely
used for outdoor play.
(6)
Outside play areas in residential districts shall be limited
to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet
of an abutting dwelling.
(7)
Outdoor play areas of a day-care center involving the care of
25 to 99 or more children at any one time shall be set back a minimum
of 25 feet from the exterior walls of an abutting existing occupied
dwelling. Such areas serving 100 or more children shall be set back
a minimum of 100 feet from any existing occupied dwelling.
(8)
In residential districts, any permitted day-care center shall
maintain an exterior appearance that resembles and is compatible with
any existing dwellings in the neighborhood. In the Health Care Overlay
District, permitted day-care centers shall be compatible with buildings
within the overlay district.
(9)
See also the standards for a place of worship in this section,
which allows a day-care center as an adjunct use.
T.
DOG DAY CARE.
(1)
The use shall not operate between 10:00 p.m. and 6:00 a.m.,
unless the requirements for a "kennel" are also met.
(2)
The use shall operate within an air-conditioned and soundproofed
building. Any outdoor areas used by the dogs shall be accessory in
nature and shall only be used between 8:00 a.m. and 8:00 p.m.
(3)
The use shall be operated in a sanitary manner, with regular
cleanup of waste several times a day. The facility shall be designed
so that waste cannot be carried off the property by runoff.
V.
FAMILY SUPPORT AND LODGING CENTER.
(1)
See definition in Part 2.
(3)
The use shall be located on either the same lot as a permitted
hospital or on a lot with a minimum lot area of two acres; except
if a larger lot area would be required for a single-family detached
dwelling in that location, then such larger lot area shall apply.
(4)
The use shall include a minimum of one off-street parking space
for each sleeping room plus one space for each nonresident employee.
(5)
All buildings shall be set back a minimum of 75 feet from any
lot line of an existing single-family detached dwelling.
(6)
All buildings shall utilize a residential style of architecture,
including a pitched roof.
(7)
The use shall comply with any applicable state health and safety
regulations.
W.
FINANCIAL INSTITUTION. Any drive-in window(s) and waiting lanes shall
be located and have capacity for sufficient numbers of vehicles to
ensure that traffic conflicts and hazards are avoided within the site
and along the streets and highways adjoining the use.
X.
FORESTRY. (See § 27-516.)
Y.
FUNERAL HOME. Shall be set back a minimum of 40 feet from any residential
lot line, unless a more-restrictive requirement is established by
another section of this chapter.
AA.
GARDEN APARTMENTS. (See "townhouses and garden apartments.")
BB.
GOLF COURSE.
(1)
The course shall be designed so that golf balls are highly unlikely
to enter public streets or property that is not part of the golf course.
(2)
A clubhouse, retail sale of golf supplies and/or restaurant
may be permitted as an accessory use if located a minimum of 250 feet
from any exterior lot line.
(3)
Minimum lot area: 35 acres in a residential district.
(4)
Any outdoor lighting shall be located and designed in such a
way that it does not generate more light onto residential properties
than what is customary in a residential neighborhood.
(5)
Maximum building coverage: 5%.
(6)
Maximum impervious coverage: 10%.
(7)
Fairways and greens shall be set back a minimum of 40 feet from
the lot line of any existing dwelling.
(8)
Any building shall be set back a minimum of 100 feet from the
lot line of an abutting dwelling.
CC.
GROUP HOME. The regulations of this section shall apply to a group
home housing three to eight persons, in addition to supervisory staff.
No additional regulations apply for only one or two persons, in addition
to supervisory staff.
(2)
Supervision. There shall be adequate supervision as needed by
an adequate number of person(s) trained in the field for which the
group home is intended.
(3)
Certification. The use shall be licensed or certified under
an applicable state, county or federal program for group housing,
if applicable. A copy of any such license or certification shall be
filed with the Township and shall be required to be shown to the Zoning
Officer in the future upon request. The group home shall notify the
Township within 14 days if there is a change in the type of clients,
the sponsoring agency, and the maximum number of residents or if an
applicable certification/license expires, is suspended or is withdrawn.
(4)
Registration. The group home shall register its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Township. Such information shall be available for
public review upon request.
(5)
Counseling. Any medical or counseling services provided on the
lot shall be limited to residents and a maximum of three nonresidents
per day.
(6)
Parking. One off-street parking space shall be provided for each employee on duty at any one time, and every two residents of a type reasonably expected to be capable of driving a vehicle, unless residents are prohibited from having on-site vehicles. Off-street parking areas of more than four spaces shall be buffered from abutting existing single-family dwellings by a planting screen meeting the requirements of § 27-803.
(7)
The use shall not meet the definition in Part 2 of a treatment
center.
(8)
Appearance. If the group home is within a residential district,
the building shall be maintained and/or constructed to ensure that
it is similar in appearance, condition and character to the other
residential structures in the area. No exterior signs shall identify
the type of use.
(9)
The following maximum number of persons shall reside in a group
home, in addition to bona fide paid professional employees:
(a)
Single-family detached dwelling with minimum lot area of 15,000
square feet and minimum building setbacks from all lot lines of 15
feet: six persons.
(b)
Single-family detached dwelling with minimum lot area of 30,000
square feet and minimum building setbacks from all lot lines of 25
feet: eight persons.
(c)
For more than eight persons, see "institutional group home."
(d)
Any other lawful dwelling unit: five persons.
(10)
Septic. If a group home will use an on-lot septic system and
will involve six or more persons routinely on the premises at any
one time, the septic system shall be required to be reviewed by the
Township Sewage Enforcement Officer to determine if it is adequate.
(11)
Employees of the group home shall be prohibited from having
visitors on the premises, unless such visitation is necessary for
the operation of the group home and except for emergencies.
(12)
If the use involves six or more residents, the use shall provide
illuminated exit signs, emergency battery-powered lighting and a minimum
of two "ABC" rated fire extinguishers.
(13)
Signs. No exterior signs shall identify the fact that the dwelling
is being used as a group home.
DD.
HELIPORT.
(1)
Minimum lot area for heliport: two acres in an industrial district
and 15 acres in any other district.
(2)
The site and its design shall be approved by the Pennsylvania
Bureau of Aviation.
(3)
The proposed expected flight paths shall be designed to minimize
noise hazards to existing residences or approved residential developments.
(4)
The landing pad of a heliport shall be a minimum of 200 feet
from the lot line of any existing dwelling which the applicant of
the heliport does not own or have an agreement of sale for. Any portion
of a heliport shall be 75 feet from any other lot line.
(5)
Conditions. The Zoning Hearing Board may place such necessary
and reasonable conditions on the use to carry out the objectives of
this chapter. These include limiting the types and sizes of aircraft,
the hours of operations, the numbers of flights and the general direction
of approach. However, such Board shall not place any conditions on
the use that will seriously interfere with the safety of the operations.
EE.
HOSPITAL OR SIMILAR FACILITY. (See definition in Part 2.) See Part
10 for hospital and related facilities that are allowed within an
overlay district. Additional requirements shall not apply in any other
district where a hospital may be allowed.
GG.
INSTITUTIONAL GROUP HOME. All of the requirements for a group home
shall apply, except the maximum number of residents shall be 40 and
there shall be a minimum building setback of 150 feet from all residential
lot lines and a three-acre minimum lot area.
HH.
JUNKYARD (includes AUTOMOBILE SALVAGE YARD).
(1)
Storage of biodegradable garbage is prohibited, other than what
is customarily generated on site and routinely awaiting pickup.
(3)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways shall be provided
throughout the entire use to allow access by emergency vehicles. Adequate
off-street parking areas shall be provided for customers.
(4)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 27-803, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well-maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(5)
Burning or incineration of vehicles or junk is prohibited.
(6)
See the noise and dust regulations of Part 5.
(7)
All gasoline and oil shall be drained from all vehicles and
properly disposed of. All batteries shall be removed from vehicles
and properly stored in a suitable area on an impervious, properly
drained surface.
(8)
Lot area: three acres minimum; 20 acres maximum.
II.
JUVENILE DETENTION FACILITY. All of the requirements of a minimum security prison listed in this § 27-402 shall apply, except as otherwise provided herein, for a juvenile detention facility. The following requirements shall also apply to a juvenile detention facility:
(1)
Juvenile offenders housed in such facility shall be employed, attending job training or an institution of learning or engaged in activities otherwise deemed appropriate due to pertinent circumstances as determined by the sentencing judge. Offenders of dangerous crimes, included on the list of "excludable offenses" (as defined under "detention facility" in § 27-202), shall not be placed in a juvenile detention facility.
(2)
The ratio of land to residents shall not exceed 15 residents
per acre.
(3)
Maximum building coverage on the lot is 15%. Maximum impervious
coverage is 45%.
JJ.
KENNEL. (See also "dog day care" in § 27-402 and "pets and accessory animals, keeping of" in § 27-403.)
(2)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any adjacent
dwelling that is not in common ownership.
(3)
No animal shall be permitted to use outdoor runs from 8:00 p.m.
to 8:00 a.m. that are within 300 feet of an existing dwelling. Runs
for dogs shall be separated from each other by visual barriers a minimum
of four feet in height, to minimize dog barking.
(4)
The applicant, as applicable, shall comply with the Dog Law,
as amended, 3 P.S. § 459-101 et seq.
(5)
A kennel may be used for breeding.
(6)
Minimum lot area: 1 1/2 acres.
(7)
Wastes. Every keeper of animals shall cause the animals' feces
to be collected daily. Such waste shall be kept in a closed ratproof
and flytight container or receptacle. At least twice a week, every
keeper of animals shall cause such waste to be disposed of in a manner
as to not permit the presence of fly larvae.
(8)
Every keeper of animals shall cause all feed for such animals
to be stored and kept in a ratproof and flytight building, box, container
or receptacle.
KK.
LIFE CARE CENTER. (See definition.)
(1)
This use shall provide living accommodations with oxygen available,
emergency call service in each dwelling unit, and on-site health care,
meals, personal care, social services and activities for ambulatory
and inpatient residents. Such accommodations shall range from residential
living arrangements to a hospice for the terminally ill.
(2)
Such use shall include and shall be operated in connection with
a licensed skilled nursing facility on the same site.
(3)
A life care center may include the following types of facilities, within the limits of Subsection KK(4) below: offices for medical doctors, dentists and nurses with treatment in such facilities limited to residents from such facility, administrative offices, facilities for clergy, activities areas, physical rehabilitation facilities, hospice, medical examination and treatment facilities for residents, food preparation, dining rooms, place of worship, lounges, auditorium and meeting rooms, gift shop, health facilities, swimming pool, pharmacy, hairstylist, skin care center, medical supply use, optician, banking, limited living accommodations for resident physicians, interns, and visiting guests, and such other medical services directly related to the health and well-being of the residents.
(4)
All of the permitted nonresidential services and facilities
shall be routinely intended for the service of residents and their
invited guests only, and there shall be no separate outside entrances
to any of the above service facilities and no exterior advertising
of same.
(5)
A life care center shall comply with the following further conditions
and regulations. In the Health Care Overlay District, the following
standards of the lot area listed below shall not apply.
(a)
The tract of land devoted to the facility shall contain at least
15 acres.
(b)
There shall be a minimum front yard of 200 feet, side yards
of 100 feet each, and a rear yard of 50 feet; except that where a
side or rear yard abuts a residential property, the minimum setback
from such residential property shall be 125 feet.
(c)
No parking area shall extend beyond the front building line
or closer than 50 feet to any side or rear property line.
(d)
Maximum building coverage: 20%.
(e)
Maximum impervious coverage: 40%.
LL.
LIGHT BUSINESS CONVERSION.
(1)
Purpose. This use is intended to recognize that certain existing
dwellings abutting major highways are not well-suited for continued
residential use. This provision allows the conversion of such homes
into a small business, with the intensity limited to ensure that nuisances
are not created for neighboring residences.
(2)
Shall only apply to single-family detached houses that existed
prior to January 1, 2014, and that are at least partially within 60
feet of and abutting the existing right-of-way a major arterial street,
but shall not be permitted abutting Broadway Avenue.
(3)
The use shall have a maximum of 10 employees on the premises
at any point in time. No more than one medical doctor and/or chiropractic
doctor shall work on the premises at any point in time.
(4)
The use may include one principal commercial use, limited to
the following types: child day-care center (within the regulations
of such use), adult day-care center (within the regulations of such
use), office or personal service use.
(5)
The use shall not involve a structural expansion of the building
except for such alterations needed for safety.
(6)
The applicant shall prove that driveways will have adequate
sight distance.
(7)
The use shall only have a single exterior commercial sign, which
may have a maximum sign area of six square feet on each of two sides.
(8)
Shall not operate in a manner perceptible from outside of the
lot between 9:00 p.m. and 7:30 a.m.
(10)
The parking requirements of the applicable use shall apply (such
as a medical office).
MM.
LIVESTOCK, RAISING OF or ANIMAL HUSBANDRY.
(1)
Minimum lot area: seven acres.
(2)
See requirements of the State Nutrient Management Regulations
for setbacks for manure facilities. Any newly developed indoor area
used for the keeping of animals or indoor feeding areas that are part
of a raising of livestock use shall be located a minimum of 300 feet
from the following: lot lines of existing dwellings (except the dwelling
of the operator of the livestock use), undeveloped residentially zoned
lots, existing restaurants and existing office uses, and a minimum
of 150 feet from all other exterior lot lines.
(3)
Any additions to an existing indoor area used for the raising
of livestock or indoor feeding areas that are part of a raising of
livestock use shall be located a minimum of 200 feet from the lot
lines of existing dwellings (except the dwelling of the operator of
the livestock use) and undeveloped residentially zoned lots.
(5)
The keeping of minks or garbage-fed pigs shall be set back a
minimum of 300 feet from all lot lines.
NN.
MANUFACTURED/MOBILE HOME ON AN INDIVIDUAL LOT OR WITHIN A MANUFACTURED/MOBILE
HOME PARK.
(1)
Shall be constructed in accordance with the 1976 or later Safety
and Construction Standards of the United States Department of Housing
and Urban Development.
(2)
Shall have a site graded to provide a level, stable and well-drained
area.
(3)
Shall have wheels and hitch removed.
(4)
Anchoring. Shall be securely attached to the ground in such
a way as to prevent overturning, shifting or uneven settling of the
home, in compliance with the construction codes and consistent with
the recommendations of the manufacturer.
(5)
Outside of a manufactured home park, shall be surrounded with
an enclosure that has the appearance of a perimeter foundation. Within
a manufactured home park, such enclosure may be used, or the home
may be enclosed from the bottom of the home to the ground or stand
using skirting material compatible with the home.
(6)
Shall have a pitched instead of a flat roof.
(7)
Outside of a manufactured home park, shall be located with the
longest side facing the public street when determined by the Zoning
Officer to be possible.
OO.
MANUFACTURED/MOBILE HOME PARK.
(1)
Shall comply with all of the provisions of the Subdivision and Land Development Ordinance [Chapter 22] that apply to a land development, including the submission, approval and improvements provisions, other than specific provisions altered by this section. The placement of each manufactured home unit shall require a construction permit.
(2)
Minimum tract size of three contiguous acres, which shall be
under single ownership.
(3)
Maximum average overall density: four dwelling units per acre.
To calculate this density, land in common open space or proposed streets
within the park may be included, but land within the one-hundred-year
floodway or that has slopes of 15% or greater shall not be included.
This density requirement shall not prevent the replacement of an existing
manufactured home with a newer manufactured home.
(4)
Shall have a twenty-five-foot buffer yard around the perimeter of the site, meeting the requirements of § 27-803. This buffer yard shall be 50 feet wide abutting lots that include existing single-family detached dwellings.
(5)
Minimum separation between dwelling units: 20 feet. This separation
distance may be reduced to 15 feet where necessary to accommodate
the replacement of an older with a newer manufactured home.
(6)
Minimum principal and accessory building setbacks:
(a)
From the exterior lot lines of the development: 50 feet.
(b)
From the cartways of streets within the development that serve
10 or more homes: 25 feet. This setback may be reduced to 10 feet
where necessary to accommodate the replacement of an older with a
newer manufactured home.
(c)
From the cartways of parking courts or streets within the development
that serve fewer than 10 homes: 10 feet.
(d)
From the lot lines of existing single-family detached dwellings:
100 feet.
(7)
Recreation Area.
(a)
A minimum of 15% of the total lot area of the entire development shall be set aside as common open space for the residents. Because manufactured home parks are required to provide their own common open space, a manufactured home park shall not be subject to additional common open space or recreation fee requirements under the Township Subdivision and Land Development Ordinance [Chapter 22], as amended.
(b)
Areas within the required buffer yards may count towards the
minimum common open space, except for areas that specifically are
not permitted to be counted.
(c)
The following areas shall not be permitted to be counted towards
the minimum required common open space:
1)
Areas that would not be accessible to pedestrians.
2)
Areas that would be within a stormwater basin, unless the applicant
proves to the satisfaction of the Zoning Officer that such area would
clearly be routinely and safely usable for recreation.
3)
Areas that would be within 15 feet of any principal building,
other than a recreation building.
4)
Areas that would have a minimum width of less than 20 feet.
(d)
A minimum of 25% of the required common open space shall include
contiguous tracts of greater than one acre.
(9)
A manufactured/mobile home park may include a recreation center
for residents, a rental/management office, and maintenance buildings
for the park, a swimming pool and the sale of manufactured/mobile
homes that will be placed on the tract. The park shall not include
the sale of homes for placement off the tract.
(10)
If any of these requirements conflict with those of the manufactured/mobile home park regulations of the Subdivision and Land Development Ordinance [Chapter 22], as amended, then the regulations of this section shall apply instead.
(11)
A minimum of two conveniently located off-street parking spaces
shall be provided per dwelling unit. An appropriate area shall be
set aside for the parking of recreational vehicles of residents and
for overflow guest parking.
(12)
Streets. Access to individual manufactured home spaces shall
be from interior parking courts, access drives or private streets
and shall not be from public streets exterior to the development.
Streets within the development that provide access to reach 20 or
more dwellings shall have a minimum paved cartway of 28 feet, and
other local private streets shall have a minimum paved cartway of
20 feet. Curbs and sidewalks are not required on the private streets,
but the private streets that serve five or more dwellings shall meet
all other Township construction standards.
(13)
The park shall include a paved pedestrian pathway system to
connect major parts of the park and to provide access towards major
adjacent pedestrian destinations.
(14)
The park shall provide a system with adequate water supplies
and water pressure for firefighting, based upon reviews by the Township
Engineer and the Township fire officials.
(16)
All home spaces shall be wired underground for cable television
and telephone lines.
(17)
The operator of the development shall ensure that the park is
properly and safely maintained and shall supervise the installation
of all dwelling units and utility connections.
(18)
The operator of the park shall monthly report all arrivals and
departures of adult residents to the Township Tax Collector.
(19)
The maximum impervious and building coverages may each be increased
by 10% beyond the zoning district requirements where necessary to
allow the replacement of older manufactured homes with newer manufactured
homes, within a park that existed prior to the enactment of this chapter.
PP.
MINIMUM SECURITY FACILITY. (See also "juvenile detention facility"
listed separately.)
(1)
The site shall contain a minimum area of six acres undivided
by any highway, right-of-way of any type, stream, lake or any other
natural or man-made feature.
(2)
The relationship of the site to any existing residence shall
be such that any required or proposed security fencing shall not be
less than 750 feet to the nearest portion of the residence.
(3)
The relationship of the site to any existing commercial or industrial
building shall be such that any required or proposed security fencing
shall be not less than 300 feet to the nearest portion of the commercial
or industrial building.
(4)
The site shall be improved in accordance with the following
minimum requirements:
(a)
The building shall be set back a minimum of 150 feet from the
right-of-way line of the abutting collector or arterial street.
(b)
The site layout shall be such that any required or proposed
security fence shall not be visible from the nearest right-of-way
line of the abutting collector or arterial street.
(c)
A landscaping and screening strip not less than 75 feet in width shall be established along lot lines. Evergreen trees shall be planted and maintained as described in § 27-803 of this chapter, except that there shall be a minimum six feet of height for all evergreen plantings when planted. Any required or proposed security fencing shall be totally obscured from any and all points along the site perimeter during all seasons of the year.
(d)
A perimeter security road not less than 15 feet in width shall
be constructed approximately centered on a cleared and graded strip
having a minimum width of 75 feet located immediately inside of the
landscaping strip and immediately outside of any required or proposed
security fencing. The grade and profile of the cleared area shall
provide continuous, full and complete visibility of the security fencing
from one bend to another and shall be constantly maintained without
any visual obstructions.
(e)
Driveways serving the facility shall have a minimum width of 24 feet. Parking lots, spaces and aisles shall meet all the requirements of Part 4 of this chapter. Parking spaces shall be provided as follows: staff parking, six spaces plus one space for each seven cells; visitor parking, one space for each 16 cells; official parking, one space for each 40 cells. One loading or receiving space, for commercial deliveries, having a minimum dimension of 10 feet by 40 feet shall be provided for each 200 cells. Any new or expanded parking lot for such a facility shall also meet all requirements of the Subdivision and Land Ordinance [Chapter 22] as a condition of facility approval.
(f)
Adequate provisions shall be provided by either surface drainage
facilities or storm sewer facilities to transport runoff from the
twenty-five-year-frequency storm without localized flooding of improved
areas of the site. A stormwater management plan shall be reviewed
and approved by the Township Engineer.
(g)
Exterior lighting shall be provided by luminaries mounted not
over 30 feet in height to provide the following minimum levels of
illumination:
1)
A strip 75 feet in width adjoining the cell block areas: average
five footcandles maintained but not less than two footcandles maintained.
2)
Minimum security exercise area: average five footcandles maintained
but not less than two footcandles maintained.
3)
Security fence: average five footcandles maintained but not
less than two footcandles maintained.
(5)
Building Design Standards. The building shall be designed in
conformance with the Department of Labor and Industry requirements
and the building code requirements adopted by Salisbury Township.
(6)
The maximum height of any minimum security prison facility is
two stories and/or 30 feet in height.
(7)
The plan and application for review of a minimum security prison
facility shall include a map illustrating the land uses, zoning districts,
schools, libraries, public parks and recreation areas, and social
service facilities located within a one-mile radius of the subject
property, measured from property line to property line.
(a)
The lot or premises occupied by the facility shall be separated
by a straight-line radius of no less than 1,000 feet to any type of
residential care facility, social service facility, social welfare
institution or similar type of facility, measured from property line
to property line.
(b)
The lot or premises occupied by a facility shall be separated
by a straight line of no less than one mile from another minimum security
prison facility or juvenile detention center, measured from property
line to property line.
(c)
The lot or premises occupied by the facility shall be separated
by a straight-line radius of no less than 1,000 feet from a school,
or library, measured from property line to property line.
(d)
The lot or premises occupied by the facility shall be separated
by a straight-line radius of no less than 1,000 feet from any residential
use or residentially zoned property, measured from property line to
property line.
(8)
The facility must maintain a list of all residents accommodated
during the past six months along with their sentence/offense. This
report must be submitted to the Salisbury Township Police Chief by
the first of every month for his/her review.
(9)
If the Township finds that any of the requirements of this chapter
or other Township ordinances are violated, or if any of the conditions
of approval are not complied with, then the Township will immediately
proceed with appropriate enforcement procedures as outlined in Sections
616.1 and 617 of the State MPC.
(10)
The ratio of land to residents shall not exceed 35 residents
per acre for the first six acres and shall not exceed 10 residents
per acre for any additional acreage above the six-acre minimum lot
size.
(11)
Any accessways or roadways leading to the site shall be maintained
in good condition with a paved asphalt, concrete or other permanent
surface free of potholes or other damage.
(12)
Maximum building coverage of the lot is 20%. Maximum impervious
coverage is 45%.
(13)
An applicant for a minimum security prison facility or juvenile
detention facility must demonstrate that the applicant will provide
adequate supervision and security for the safe operation of the facility
and the safety and welfare of the Township residents and surrounding
community and that adequate security measures are taken and provided
at the site. The burden of proof shall be upon the applicant to ensure
that the proposed project does not threaten public safety or welfare
in any way. Reasonable conditions may be attached to any approval
for a minimum security prison facility or a juvenile detention facility
to ensure the safety and welfare of the public. Review and approval
of a final emergency plan, as described in the following subsection,
is necessary to meet this requirement and demonstrate complete safety
for the facility and the surrounding community.
(14)
The applicant shall prepare and make available to the Township
fire, police and ambulance corps an emergency plan for the site. The
emergency plan shall include, among other things, training, equipment,
staffing and procedures for emergency evacuations, fire, flooding,
rioting or any other emergency situation which may arise at the site.
A draft of the emergency plan shall be provided to the Township fire,
police and ambulance corps as well as any adjacent or surrounding
municipalities that would be impacted by the proposed use for their
comment and input prior to the finalization of the plan. When the
emergency plan is finalized, the aforementioned municipal entities
and departments shall be copied on the plan. The final emergency plan
shall be reviewed and approved as part of the conditional approval
process, and no conditional approval shall be granted until a complete
and acceptable emergency plan has been submitted to the Township.
QQ.
MINERAL EXTRACTION.
(1)
The following regulations shall apply if mineral extraction
involves more than 5,000 square feet of land area in any calendar
year:
(a)
A fifty-foot-wide yard covered by natural vegetative ground
cover (except at approved driveway crossings) shall be required along
all exterior lot lines that are within 200 feet of an area of surface
excavation.
(b)
The Zoning Hearing Board may require this yard to include an
earth berm with a minimum average height of six feet and an average
of one shade tree for each 40 feet of distance along the lot lines.
Such shade trees shall be planted outside of any berm and any fence.
New trees shall not be required where preserved trees will serve the
same purpose.
(2)
The following minimum setback shall apply for the surface excavated
area of a mineral extraction use and mechanical processing facilities
from property that is not owned by the owner or operator of the mineral
extraction use, unless a stricter requirement is established under
state regulations: 300 feet from the lot line of an occupied dwelling,
unless the owner of such dwelling provides a written waiver of the
setback.
(3)
Fencing. The Zoning Hearing Board may require secure fencing
in locations where needed to protect public safety. As an alternative,
the Zoning Hearing Board may approve the use of thorny vegetation
to discourage public access. Also, warning signs shall be placed around
the outer edge of the use.
(4)
A plan shall be submitted showing sequential phases of mining
activities on the land.
(5)
A plan shall be submitted showing how dust will be controlled.
RR.
NIGHTCLUB. Shall meet the requirements for an "auditorium, commercial."
TT.
NURSING HOME.
(1)
Licensing. See definition in Part 2. The use shall comply with
applicable state regulations.
(2)
A minimum of 15% of the lot shall be suitable and developed
for passive recreation. This area shall include outdoor sitting areas
and pedestrian walks.
(3)
Setback. Principal and accessory buildings shall be set back
a minimum of 50 feet from a residential lot line in a residential
district.
(4)
The use shall not include a parking structure of more than one
level within 500 feet of a residential lot line.
UU.
PERSONAL CARE HOME/ASSISTED LIVING FACILITY or HOSPICE. The standards
for nursing homes in this section shall apply.
WW.
PLACE OF WORSHIP.
(1)
Minimum lot area: 1 1/2 acres in a noncommercial district.
(2)
Weekly religious education rooms and meeting rooms are permitted
accessory uses, provided that such uses are of such a character and
intensity that they would be clearly customary and incidental to the
place of worship. A primary or secondary school and/or a child or
adult day-care center are permitted on the same lot as a place of
worship as long as requirements for such uses are also met. Noncommercial
buses used primarily to transport persons to and from religious services
or a permitted school on the lot may be parked on the lot.
(3)
A maximum of two dwelling units may be accessory to a place
of worship on the same lot, which shall be restricted to bona fide
religious leaders and other employees of the place of worship and
their families.
(4)
The use of any building for worship by a maximum of six persons
who are not related at any point in time is not regulated under this
chapter and is permitted by right in all districts.
XX.
PLANT NURSERY.
(1)
Evergreen screening and buffer yards are not required around
the outdoor storage of trees or shrubs.
(2)
The only retail sales that shall be permitted shall be of trees
and plants that were primarily grown upon the lot and clearly customary
and accessory sales of closely related items (such as mulch, topsoil
and tools), unless retail sales or a retail store are specifically
permitted in the district.
(3)
Minimum lot area: 1 1/2 acres if there is any retail sales.
YY.
RECYCLING COLLECTION CENTER.
(1)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(2)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(3)
Adequate provision shall be made for movement of trucks, if
needed, and for off-street parking.
(4)
A twenty-foot buffer yard with screening as described in § 27-803 shall be provided between this use and any abutting residential lot line.
(5)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, an industrial use, a public
or private primary or secondary school, a place of worship or a Township-owned
use, subject to the limitations of this section.
(6)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use,
except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(7)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and similar work.
No burning or landfilling shall occur. No mechanical operations shall
routinely occur at the site other than operations such as baling of
cardboard.
(8)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
(9)
The use shall include the storage of a maximum of 200 tons of
materials on the site if the use is within a residential district
and within 500 feet of an existing dwelling.
ZZ.
RESTAURANT, FAST-FOOD OR STANDARD.
(2)
A maximum of two outdoor menu boards are permitted, beyond the
signs normally permitted, with a maximum sign area of 40 square feet
each if drive-through service is provided, if the words on such signs
are not readable from beyond the lot line.
(3)
Traffic circulation onto, within and off of the lot shall be
clearly marked. A drive-through use shall be designed with space for
an adequate number of waiting vehicles while avoiding conflicts with
traffic onto, around and off of the site.
(4)
A detached building, including a fast-food restaurant, shall
be set back a minimum of 300 feet from any other detached building
that exists or has been approved to include a fast-food restaurant.
AAA.
SCHOOL, PUBLIC OR PRIVATE, PRIMARY OR SECONDARY.
(1)
Minimum lot area: two acres, unless a larger acreage is required
by another section of this chapter.
(2)
No children's play equipment, basketball courts, competition
athletic field playing area, retaining wall of more than 10 feet in
height, or illuminated recreation facilities shall be within 25 feet
of a residential lot line.
(3)
The use shall not include a dormitory unless specifically permitted
in the district.
BBB.
SELF-STORAGE DEVELOPMENT.
(1)
All storage units shall be fire-resistant and water-resistant.
(2)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(3)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored.
(4)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas or accessways.
(5)
Major bodywork on vehicles shall not be permitted. The use shall
not include a commercial auto repair garage unless that use is permitted
in the district and the use meets those requirements.
(7)
Any areas of the use that are within 200 feet of the existing right-of-way of an expressway, arterial street or collector street shall be separated from that street by a buffer yard with screening under § 27-803.
(8)
Maximum building length: 250 feet.
(9)
Minimum separation between buildings: 20 feet.
DDD.
SOLAR ENERGY COLLECTORS, other than as allowed as an accessory
use.
(1)
A landscaped area with a minimum width of 20 feet with a mix
of various species of trees, shrubs and vegetated ground cover shall
be required, outside of any fencing abutting any public street or
residential lot line, if the solar collectors cover more than one
acre of ground area. This landscaped area is not required to be a
complete visual screen, and trees may be clustered to minimize solar
obstructions.
EEE.
SOLID WASTE FACILITY (including a sanitary landfill, solid-waste-to-energy
facility or solid waste transfer facility). See definition in Part
2.
(1)
All solid waste storage, disposal and incineration shall be
at least 200 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water-filled quarry), or wetland of more than
two acres in area.
(2)
All areas to be used for the storage, disposal or incineration
of solid waste shall be a minimum of 500 feet from any residential
district or publicly owned park or any existing dwelling that the
applicant does not have an agreement to purchase or the banks of any
perennial creek or river.
(3)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 24 feet. One of these roads may
be restricted to use by emergency vehicles.
(4)
Any burning or incineration shall be carried out in a completely
enclosed incinerator approved by the Department of Environmental Protection.
Any material to be incinerated that is to be stored for more than
three hours shall be stored in an enclosed structure.
(5)
The operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the Township. Violations
of this condition shall also be considered to be violations of this
chapter.
(6)
Open dumps and open burning of refuse are prohibited.
(7)
The applicant shall prove to the satisfaction of the Board of
Commissioners that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash hauling trucks through or alongside existing residential or
residentially zoned areas.
(8)
In cooperation with Pennsylvania Department of Environmental
Protection requirements, an appropriate double liner and a system
to collect and treat leachate and methane is very strongly encouraged
for any sanitary landfill.
(9)
The applicant shall prove to the satisfaction of the Board of
Commissioners that the use would not routinely create noxious odors
off of the tract.
(10)
A chain-link or other approved fence with a minimum height of
eight feet shall surround active solid waste disposal areas to prevent
the scattering of litter and to keep out children, unless the applicant
proves to the satisfaction of the Board of Commissioners that this
is unnecessary. The Board shall require earth berms, evergreen screening
and/or shade trees as needed, which shall be used to prevent landfill
operations from being visible from an expressway or arterial streets
or dwellings.
(11)
A minimum total lot size of 20 acres (which may include land
in an adjoining municipality) is required for any solid waste facility
other than a solid-waste-to-energy facility or a solid waste transfer
facility. For a solid-waste-to-energy facility or solid waste transfer
facility, a minimum lot size of five acres shall be required for the
first 250 tons per day of capacity to treat or dispose of waste, plus
one acre for each additional 100 tons per day of capacity. A solid
waste facility shall have a maximum total capacity of 750 tons per
day.
(12)
Health Hazards. Any facility shall be operated in such a manner
to prevent the attraction, harborage or breeding of insects, rodents
or vectors.
(13)
Attendant. An attendant shall be present during all periods
of operation or dumping.
(14)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(15)
Emergency Access. The operator of the use shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(16)
Under the authority granted to the Township under the Municipal
Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101
et seq., the hours of operation shall be limited to between 7:00 a.m.
and 9:00 p.m.
(18)
Litter. The operator shall regularly police the area of the
facility and surrounding streets to collect litter that may escape
from the facility or trucks.
(19)
Dangerous Materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed of or incinerated.
"Infectious materials" are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(20)
The applicant shall provide a professional analysis of the expected
impacts of the facility on air quality, groundwater quality and surface
water quality and expected health hazards to humans.
(21)
The applicant shall provide sufficient information for the Township
to determine that the requirements of this chapter will be met.
(22)
State Requirements. Nothing in this chapter is intended to supersede
any state requirements. It is the intent of this chapter that when
similar issues are regulated on both the Township and state levels,
the stricter requirement shall apply for each aspect, unless it is
determined that an individual state regulation preempts Township regulation
in a particular aspect. The applicant shall provide the Zoning Officer
with a copy of all written materials and plans that are submitted
to the Pennsylvania Department of Environmental Protection at the
same time as they are submitted to the Department of Environmental
Protection.
(23)
The operator shall enter into an agreement with the Township
specifying the types and frequencies of environmental monitoring that
will be put into place while a solid-waste-to-energy facility or sanitary
landfill is underway and for a minimum of three years after any landfill
is closed.
(24)
A leachate treatment system may be an accessory use to a landfill,
and a recycling collection center and/or bulk recycling center is
permitted in combination with any permitted solid waste disposal facility.
(25)
For any transfer facility or waste-to-energy facility, all loading
and unloading of solid waste shall only occur within an enclosed building
and over an impervious surface that drains to a holding tank that
is then adequately treated.
(26)
Any permitted solid waste facility shall be owned by the Township,
the county or a lawful municipal or county authority.
GGG.
SWIMMING POOL, NONHOUSEHOLD.
(1)
The water surface shall be set back at least 50 feet from any
existing dwelling.
(2)
Minimum lot area: two acres.
(3)
Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 27-803.
(4)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height and/or building walls.
(5)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not overload or flood any: (a) on-lot
septic system; or (b) portion of a building or property not owned
by the owner of the pool. A pool shall not be located so as to interfere
with the operation of a well or on-lot septic system. The Township
Engineer shall certify that the proposed drainage of the pool is adequate
and will not interfere with the public water or public sewer system
or with public streets.
(6)
Water Service. Any inlet from a central water system shall be
above the overflow level of the pool.
(7)
Nuisances. A pool shall not include illumination of adjacent
residential properties beyond what is customary in a residential neighborhood.
A pool shall also not include the playing of a radio or recorded music
at a volume louder than is necessary for the convenient hearing of
persons at the pool.
HHH.
TARGET RANGE.
(1)
All target ranges shall have a barrier behind the target area
which is of sufficient height and thickness to adequately protect
the public safety. This barrier shall be made of earth for an outdoor
firearms range.
(2)
An outdoor firearms target range shall comply with National
Rifle Association standards and other applicable federal, state and
local regulations.
(3)
An outdoor firearms target range shall be located a minimum
of 250 feet from the lot line of any existing residential use or undeveloped
residentially zoned land, unless within a completely enclosed sound-resistant
building.
(4)
An outdoor firearms target range shall be fenced and be properly
posted.
(5)
The applicant shall show that the noise limits of Part 5 will
be met.
(6)
An indoor firearms target range shall be adequately ventilated
to allow the building to remain completely enclosed.
III.
TOWNHOUSES AND GARDEN/LOW-RISE APARTMENTS.
(1)
Maximum number of dwelling units within any building or within
attached buildings: 16 for any building including garden apartments;
eight for any other building(s).
(2)
Density. The permitted maximum density for townhouses and garden apartments shall be based upon the amount of net buildable site area as determined in § 27-308.
(a)
The following areas are not required to be deleted from the buildable site area, provided that they do not include areas that are specifically required to be deleted under § 27-308:
1)
Rights-of-way of streets that do not exist or that
were not previously approved.
2)
Areas of land voluntarily dedicated to and accepted
by the Township or state for a street improvement that would not otherwise
be required by the Township or state and that are not necessary for
providing internal access for the development may be included as buildable
area.
3)
Stormwater detention basins.
4)
Areas that will be dedicated as common open space.
(b)
The buildable site area shall be divided by the following amount
of square feet per dwelling unit to determine the maximum permitted
number of dwelling units within the tract.
|
R3 District
|
7,500 square feet
| |
|
R4 and R5 Districts
|
5,500 square feet for townhouses; 4,500 square feet for garden
apartments
|
1)
If every dwelling unit in a development of 10 or
more dwelling units is permanently restricted by deed and by any lease
to occupancy by at least one person age 55 or older, and to prohibit
occupancy by any person under age 18 for more than 60 days per calendar
year, then the above square feet per dwelling unit may be reduced
by 1,500 square feet.
(c)
The permitted number of dwelling units may be placed at any
appropriate locations within the tract, provided that all other requirements
of this chapter are met, and provided that no single net acre of land
includes more than 15 dwelling units, once street rights-of-way and
common open spaces are deleted.
(d)
If a townhouse or garden apartment development will clearly
be permanently restricted to persons age 55 or older and/or the physically
handicapped, then the permitted number of dwelling units on the tract
may be increased by 15%.
(e)
Areas of land that are capable of additional development shall
not be used towards calculating the allowable density unless those
lands are deed-restricted against further development.
(3)
Variety in Design. Developments of more than 50 dwelling units
should include a variety of complimentary designs and colors between
buildings or clusters of buildings to avoid extreme repetition. Variation
in rooflines of structures is strongly encouraged.
(4)
Changes in Facade. For every attached grouping of townhouses,
a minimum of two changes in the front wall plane shall be provided.
Such change shall involve a minimum variation or offset of four feet.
This requirement may be met by differing setbacks between an attached
garage and a dwelling, or differing setbacks among different dwellings,
or differing setbacks along the front of a dwelling set back further
than attached private garage structures.
(5)
(6)
Lot/Building Requirements.
(a)
Maximum building length: 200 feet.
(b)
Maximum building height of 2 1/2 stories, measured above
grade, not to exceed 35 feet for a principal townhouse building; 40
feet and three stories for a principal garden apartment building;
or 25 feet and one story for an accessory structure.
(c)
Minimum tract width and depth: 100 feet each.
(f)
Maximum building coverage of the tract: 40%.
(g)
Maximum impervious coverage of the tract: 65%.
(7)
Building Setback and Separation.
(a)
Minimum setback for townhouse and garden apartment buildings,
whichever is most restrictive:
1)
For principal buildings from all exterior lot lines
(other than that of a single-family detached dwelling) and from all
existing street rights-of-way (other than expressways) exterior to
the tract: 40 feet.
2)
For principal buildings from the lot line of an
existing single-family detached dwelling or the existing right-of-way
of an expressway: 60 feet.
3)
For principal buildings from an existing right-of-way
of a street constructed within the tract*: 20 feet.
4)
For accessory structures from a side or rear yard
along the existing right-of-way of a street constructed within the
tract*: 20 feet.
5)
For accessory structures from all lot lines exterior
to the tract other than rights-of-way of preexisting public streets:
20 feet.
6)
For accessory structures from all rights-of-way
of pre-existing public streets: 40 feet.
|
*
|
=
|
Or from the cartway of a private street if a right-of-way does
not exist.
|
(b)
Separation. Each principal building shall be separated by a
minimum of 20 feet from any other principal building.
(8)
See §§ 27-403 and 27-306 for regulations on specific accessory uses. To avoid incompatible structures in a higher-density environment, townhouse developers are strongly encouraged to establish deed restrictions or homeowners' association regulations controlling the general types and materials of attached decks, fences and accessory structures that may be added or constructed in the future.
(9)
Minimum Width of Townhouses. Each townhouse dwelling unit shall
have a minimum width of 18 feet, except the minimum width shall be
26 feet for any townhouse that:
(10)
Minimum Private Area.
(a)
For each townhouse, there shall be a yard, balcony,
patio or other outdoor area, other than a driveway, immediately adjacent
to the front, back or side of each dwelling of not less than 200 square
feet for the exclusive use of the occupants of that dwelling.
(b)
If townhouses are subdivided into individual lots,
the minimum lot area shall be the building footprint plus this 200
square feet.
(c)
Design measures shall be used to seek an appropriate
level of privacy in any rear yards. Such measures might include landscaped
screening, compatible fencing or earthen berming. The intent is to
avoid the placement of incompatible fencing by individual lot owners
in the future.
(d)
Storage. If the maintenance of grass yards in front
of or behind a townhouse would be the responsibility of an individual
homeowner, a small storage area suitable for storing lawn maintenance
equipment should be provided with appropriate outside access.
(12)
Architectural Renderings. Preliminary architectural renderings,
models or photos are requested for any garden apartment or townhouse
development of more than 25 units.
(13)
Paved Area Setback. All off-street parking spaces, except spaces
on driveways immediately in front of a carport or garage entrance,
shall be set back a minimum of 10 feet from any dwelling.
(14)
Garages. It is strongly recommended that all townhouses be designed
so that garages and/or carports are not an overly prominent part of
the view from public streets. For this reason, parking courts, common
garage or carport structures or garages at the rear of dwellings are
encouraged instead of individual garages opening onto the front of
the building, especially for narrow townhouse units.
(15)
Mailboxes. Any mailboxes provided within the future street right-of-way
should be clustered together in an orderly and attractive arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curbside are specifically discouraged.
(16)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial or collector street.
(17)
Common Open Space.
(a)
For any garden apartment or townhouse development involving 25 or more dwelling units, a minimum of 10% of the total land area shall be dedicated as common open space. This common open space shall be in place of fees-in-lieu-of-open-space requirements of the Subdivision and Land Development Ordinance [Chapter 22]. Common open spaces are encouraged to be used as a buffer against any abutting major roads.
(b)
For any development that will not be limited to
residents 55 years and older (and their spouses), at least 50% of
the required common open space shall: (i) be contiguous; (ii) have
slopes of less than 10%; and (iii) be planted in grass and trees.
If such development includes over 100 dwelling units, then part of
the required common open space shall include approved types of children's
playground equipment located over an appropriate soft surface and
an open "pick-up" recreation field of less than 6% slope forming a
rectangle of at least 200 feet in length and 100 feet in width.
(c)
For any development limited to persons 55 years
and older (and their spouses), the required common open space shall
be suitable for passive recreation, with appropriate landscaping,
benches and paths or trails.
(d)
The applicant shall prove to the satisfaction of
the Zoning Officer, upon advice of the Board of Commissioners, that
there will be an adequate permanent method in place to maintain the
common open space.
(e)
Areas within 20 feet of a principal building shall
not be used to count towards the required amount of common open space.
(18)
Resubdivision. No lots of less than one acre that have previously
been granted preliminary or final subdivision or land development
approval and were subdivided to meet the standards of single-family
detached dwellings shall be combined or resubdivided to allow the
construction of townhouses or garden apartments.
(19)
Condominiums. The division of land into individual lots is not
required, but instead condominium ownership may be used.
JJJ.
TREATMENT CENTER or TREATMENT CENTER, OUTPATIENT.
(1)
For a treatment center that is residential, the applicant shall
provide a written description of all types of residents the use is
intended to include over the life of the permit. Any future additions
or modifications to this list shall require approval of the Board
of Commissioners as a conditional use.
(2)
The applicant shall prove to the satisfaction of the Board of
Commissioners that such use will involve adequate supervision and
security measures to protect public safety.
(3)
The Board of Commissioners may place conditions on the use as
necessary to protect public safety, including conditions on the types
of residents and security measures.
(5)
The use shall be set back a minimum of 200 feet from any lot
line of an existing dwelling in a residential district.
KKK.
TREE HARVESTING. (See § 27-516.)
LLL.
TRUCKING COMPANY TERMINAL.
(1)
Minimum lot area: five acres.
(2)
All tractor-trailer truck parking, outdoor storage and/or loading/unloading
areas that are visible from a residential lot line or publicly owned
recreation use or perennial river shall be screened from such areas
by a planting area with a minimum width of 30 feet. This planting
area shall include an all-season vegetative ground cover and the planting
of deciduous shade trees, which shall meet the following requirements:
(a)
Meet provisions of the Subdivision and Land Development Ordinance [Chapter 22] that concern types and sizes of shade trees.
(b)
An average of one such tree shall be planted for each 60 feet
of length of the buffer yard, but the trees may be planted at irregular
intervals and may be clustered.
(c)
Be in place of any street tree requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
(d)
Be of types selected to be resistant to diesel exhaust.
(e)
May be planted within the future street right-of-way.
(3)
The use shall not be required to meet any Township requirements
requiring landscaped areas to be placed in the center of paved areas.
(4)
Any entrance for trucks, loading/unloading area, outdoor storage
or truck parking area shall be a minimum of 250 feet from any dwelling.
(5)
The use shall include an appropriate system to contain and properly
dispose of any fuel, grease, oils or similar pollutants that may spill
or leak where such substances are stored or where vehicles are fueled,
repaired or maintained.
MMM.
VETERINARIAN OFFICE (includes ANIMAL HOSPITAL).
(1)
A minimum lot size of at least 1 1/2 acres shall be required
for those animal hospitals treating small animals (such as cats, dogs,
birds or snakes). A minimum lot size of at least three acres shall
be required for those offices routinely treating large animals (such
as cattle, horses or pigs).
(2)
Any structure in which animals are treated or housed shall be
a minimum of 100 feet from any residentially zoned undeveloped lot
or any lot line of a primarily residential use. Buildings shall be
adequately soundproofed so that sounds generated within the buildings
cannot routinely be perceived within any adjacent dwellings.
(3)
Outdoor animal runs may be provided for small animals for use
between 8:00 a.m. and 8:00 p.m., provided the runs are at least 150
feet from any existing dwelling, and provided that the runs for dogs
are separated from each other by visual barriers a minimum of four
feet in height, to minimize dog barking.
(4)
A commercial kennel shall only be an accessory and not a principal
use, unless a kennel is permitted in that district and the applicable
requirements are met.
NNN.
WAREHOUSE OR WHOLESALE SALES.
(2)
No storage of trash, garbage, refuse, highly explosive or flammable
materials, hazardous or highly toxic substances, animals, animal carcasses
or similar items shall be permitted.
(3)
Uses that would involve the entrance to the use of an average
of more than 200 tractor-trailers per weekday shall be required to
meet the additional standards in this section for a truck terminal.
OOO.
WIND TURBINE(S), other than the one wind turbine per lot that is allowed as an accessory use by § 27-306.
(1)
The wind turbine shall be set back from the nearest existing
dwelling on another lot a distance not less than three times the maximum
height to the top of the maximum height of the extended blade, unless
a written waiver is provided by the owner of such building. All wind
turbine setbacks shall be measured from the center of the base of
the turbine. This provision shall apply to buildings that existed
prior to the application for a zoning permit.
(2)
The audible sound from the wind turbine(s) shall not exceed
45 A-weighted decibels, as measured at the exterior of an existing
dwelling on another lot, unless a written waiver is provided by the
owner of such building.
(3)
The owner of the facility shall completely remove all aboveground
structures within 12 months after the wind turbine(s) are no longer
used to generate electricity.
(4)
Wind turbines shall not be climbable for at least the first
12 feet above the ground level.
(5)
All wind turbines shall be set back from all public street rights-of-way
a minimum distance equal to the maximum height to the top of the maximum
height of the extended blade.
(6)
All wind turbines shall be set back from each lot line a minimum
distance equal to the maximum height to the top of the maximum height
of the extended blade, unless a written waiver is provided by the
owner of such lot. Such waiver shall be recorded with the deed and
be in a format acceptable to the Township Solicitor.
(7)
The turbine shall include automatic devices to address high-speed
winds.
(8)
Accessory electrical facilities are allowed, such as a transformer,
provided that any building of more than 100 square feet shall meet
setbacks for a principal building.
(9)
The site plan shall show proposed driveways, turbines and areas
of woods proposed to be cleared.
(10)
Temporary towers designed to test possible locations for a wind
turbine shall be permitted by right, provided they are removed within
one year and have a setback from all street rights-of-way and lot
lines equal to the maximum total height.
(11)
The applicant shall provide mapping of projected sound levels
at various distances around the turbines.
(12)
If a turbine is located within 200 feet from the adjacent topographic
peak of South Mountain, it shall be set back a minimum of 500 feet
from the nearest existing or approved wind turbine.
(13)
If any information is available from the wind turbine manufacturer
concerning average noise levels of the proposed turbine, such information
shall be provided to the Zoning Officer.
PPP.
ACADEMIC CLINICAL RESEARCH CENTERS.
[Added by Ord. No. 10-2017-614, 10/26/2017]
(1)
Applicable district regulations shall be in accordance with the minimum requirements of Chapter 27, Attachment 6, of the Zoning Ordinance for the specific zoning district.
(2)
Parking requirements will follow the parking schedule found in § 27-601, Table 6.1, Off-Street Parking Requirements, for college, university, or trade school.
(3)
An academic clinical research center shall only grow medical
marijuana in an indoor, enclosed, and secure building which includes
electronic locking systems, electronic surveillance and other features
required by the DOH. The grower/processor facility shall not be located
in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
(4)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
(5)
A buffer planting is required where an academic clinical research
center adjoins a residential use or district.
(6)
If the application is to change the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
QQQ.
MEDICAL MARIJUANA GROWER/PROCESSOR.
[Added by Ord. No. 10-2017-614, 10/26/2017]
(1)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the DOH.
(2)
A medical marijuana grower/processor shall only grow medical
marijuana in an indoor, enclosed, and secure building which includes
electronic locking systems, electronic surveillance and other features
required by the DOH. The grower/processor facility shall not be located
in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
(3)
Applicable district regulations shall be in accordance with the minimum requirements of Chapter 27 Attachment 6 of the Zoning Ordinance for the specific zoning district.
(4)
The floor area of a medical marijuana grower/processor shall
include sufficient space for production, secure storage of marijuana
seed, related finished product cultivation, marijuana-related materials
and equipment used in production and cultivation and for required
laboratory testing.
(5)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(6)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with the DOH Policy and shall not be placed
within any unsecure exterior refuse containers.
(7)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(8)
Grower/processors shall not be located within 1,000 feet of
the property line of a public, private, or parochial school or day-care
center.
(9)
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(10)
Parking requirements will follow the parking schedule found in § 27-601, Table 6.1, Off-Street Parking Requirements, for a utility facility.
(11)
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
(12)
Off-street loading and delivery truck spaces meeting § 27-605 of the Zoning Ordinance shall be provided. Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
(13)
If the application is to change, the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
RRR.
MEDICAL MARIJUANA TRANSPORT VEHICLE SERVICE.
[Added by Ord. No. 10-2017-614, 10/26/2017]
(1)
Applicable district regulations shall be in accordance with the minimum requirements of Chapter 27 Attachment 6 of the Zoning Ordinance for the specific zoning district.
(2)
A traffic impact study is required where the office is operated.
(3)
Parking requirements will follow the parking schedule found in § 27-601, Table 6.1, Off-Street Parking Requirements, for a utility facility.
(4)
All external lighting serving a medical marijuana transport
vehicle service must be shielded in such a manner to not allow light
to be emitted skyward or onto adjoining properties.
(5)
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a residential use or district.
(6)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana transport vehicle service facility,
the facility must be secured to the same level as a medical marijuana
grower/producer and dispensary.
(7)
Off-street loading and delivery truck spaces meeting § 27-605 of the Zoning Ordinance shall be provided. Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it shall be from within a secure environment.
(8)
If the application is to change the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
SSS.
MEDICAL MARIJUANA DISPENSARY.
[Added by Ord. No. 10-2017-614, 10/26/2017]
(1)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH.
(2)
A medical marijuana dispensary shall only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(3)
A medical marijuana dispensary shall not operate on the same
site as a facility used for growing and processing medical marijuana.
(4)
Medical marijuana dispensaries shall have a single, secure,
public entrance and shall implement appropriate security measures
to deter and prevent the theft of marijuana and unauthorized entrance
into areas containing medical marijuana.
(5)
Daily permitted hours of operation of a dispensary shall be
8:00 a.m. to 8:00 p.m.
(6)
Applicable district regulations shall be in accordance with the minimum requirements of Chapter 27, Attachment 6, of the Zoning Ordinance for the specific zoning district.
(7)
A medical marijuana dispensary shall have an interior customer
waiting area equal to a minimum of 25% of the gross floor area.
(9)
A medical marijuana dispensary shall dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(10)
A medical marijuana dispensary shall not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of municipality
in which it is located.
(11)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest medical marijuana dispensary. This
does not include complementing or supporting businesses covered by
different definitions. This distance shall be measured in a straight
line from the closest exterior walls of the buildings or portions
thereof in which the businesses are conducted or proposed to be conducted,
regardless of municipality in which it is located. This separation
distance does not apply to the distance between the grower/processor
or academic clinical research centers and the specific dispensary
they serve, or with which they partner.
(12)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
(13)
All external lighting serving a medical marijuana dispensary
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(14)
Parking requirements will follow the parking schedule found in § 27-601, Table 6.1, Off-Street Parking Requirements, for an office or clinic, medical/dental use.
(15)
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district.
(16)
Off-street loading and delivery truck spaces meeting § 27-605 of the Zoning Ordinance shall be provided. Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
(17)
If the application is to change the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
1.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted-by-right, special exception
or conditional use are permitted by right, except as is provided for
in this chapter.
2.
Accessory Setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this Part for a particular
accessory use.
3.
Front Yard Setback. No accessory structure, use or building shall be permitted in a required front yard in any district, unless specifically permitted by this chapter. See the list of essential services in § 27-306.
4.
Special Standards. Each accessory use shall comply with all of the
following standards listed for that use:
A.
ACCESSORY APARTMENT, ONE. Within an existing single-family detached
dwelling or within an existing single-family semidetached dwelling
(half of a twin dwelling).
(1)
Any on-lot septic system shall be recertified if the sewage
flows will increase.
(2)
The building shall maintain the appearance of a single-family
detached dwelling or a single-family semidetached dwelling with a
single front entrance. Additional entrances may be placed on the side
or rear of the structure. The dwelling units may internally share
the single front entrance.
(3)
The conversion shall not be permitted if it would require the
placement of an exterior stairway greater than 10 feet in height on
the front of the building or would require the placement of four or
more off-street parking spaces in the required front yard.
(4)
Separate cooking and sanitary facilities shall be provided for each dwelling unit, except as provided for in Subsection 4A(9) below.
(5)
Any off-street parking lot including four or more spaces shall be buffered from abutting dwellings by evergreen screening meeting the requirements of § 27-803.
(6)
One of the dwelling units shall be owner-occupied for a minimum
period of 12 months following the conversion.
(7)
The dwelling as it pre-exists shall have a total minimum floor
area of 1,500 square feet, and the principal dwelling unit shall retain
a minimum floor area of 800 square feet, except for a building for
a unit for care of a relative.
(8)
A maximum of two total dwelling units are permitted.
(9)
In addition to the requirements above, the following shall apply
to a "unit for care of a relative" (as defined in Part 2):
(a)
Shall mean a living unit especially created for and limited
to occupancy by a close relative of the permanent residents of the
principal dwelling unit. Shall involve accommodations that are needed
to provide care and supervision to such relative because of old age,
disability, handicap or illness.
(b)
Shall be restricted to occupancy by a relative (as defined in
Part 2) of the principal dwelling unit.
(c)
Such dwelling unit shall be designed and installed in such a
way that it can be easily reconverted into part of the principal dwelling
unit after such relative no longer lives within it. Once such dwelling
unit is no longer occupied by such relative, the dwelling shall be
reconverted into an integrated part of the principal dwelling unit
or be completely removed within eight months.
(d)
The Zoning Officer may require the occupants of the principal
dwelling unit to periodically report the name, relationship and the
general reason why such unit is needed to the Zoning Officer. Such
information is required to ensure that the unit is being used as intended.
(e)
Once an apartment under this subsection is no longer used for
the authorized purpose, it shall be changed to no longer be a separate
unit, and there shall be no physical evidence visible from the exterior
lot lines that a separate apartment existed.
(f)
Such unit shall not have its own: (i) new exterior separate
entrance; (ii) water meter; (iii) electric meter; (iv) payment of
cash rent (other than a share of expenses) for the living space; or
(v) mailing address. Such unit shall also maintain an interior connection
to the principal dwelling unit.
B.
AMATEUR RADIO ANTENNA.
C.
COMPOSTING.
(1)
Shall be limited to the composting of biodegradable vegetative
material, including grass clippings, trees, shrubs, leaves and vegetable
waste. The composting shall not include animal wastes or fats.
(2)
Shall be conducted in such a way that a fire, rodent or disease-carrying
insect hazard or noxious odors are not created.
(3)
Composting areas of greater than one acre shall be set back
75 feet from lot lines of abutting lots. Areas of grass clipping composting
of less than one acre shall be set back a minimum of 30 feet from
any adjacent dwelling.
D.
DAY-CARE HOME, FAMILY. (See also "day care" for seven or more children in § 27-402.)
(1)
The lot must contain at least the minimum lot size required
for the specific zoning district in which the day care is located.
(2)
The dwelling shall retain a residential appearance with no change
to the exterior of the dwelling to accommodate the use, other than
cosmetic improvements.
(3)
Any day-care center involving seven or more children shall be considered a principal use and meet the standards of § 27-402 for such use, if permitted.
(4)
The use shall be actively operated by a permanent resident of
the dwelling.
(5)
If four to six children who are not related to a permanent resident
of the dwelling are cared for, then the following requirements shall
be met:
(a)
Smoke detectors shall be provided throughout the building, an
ABC-rated fire extinguisher shall be provided, exit lights shall be
provided at outdoor exits, and at least one exit/window shall be provided
with an opening within six feet of the adjacent exterior grade level.
(b)
A minimum of 100 square feet of safe exterior play area shall
be available.
(6)
All family day-care homes shall be licensed if required by the
Pennsylvania Department of Public Welfare or its successor agency,
and verification of such licensing shall be submitted to the Township
within six months of the issuance of a Township permit for a family
day care. Failure to submit such verification within six months shall
be grounds for revocation of Township permits.
(7)
Family day cares shall resubmit an application annually so that
the Township may verify that all requirements for family day-care
centers continue to be met.
(8)
Any proposed exterior play area shall be buffered with either:
E.
FENCES AND WALLS.
(1)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well-maintained. Fences
that have deteriorated shall be replaced or removed. A zoning permit
is required for all fences and walls (other than seasonal temporary
snow fences designed to keep snow off of roads and that are not intended
to push snow onto the property of another person, and temporary fences
around active construction sites). Such temporary fences may have
a maximum height of eight feet in a residential district.
(2)
Sight Distance, Stormwater and Easements. No fence, wall or hedge shall obstruct the sight distance requirements of § 27-803, Subsection 1, nor obstruct safe sight distance within an alley. No fence or wall shall obstruct the flow of stormwater, except as part of a Township-approved stormwater system. No fence or wall shall be constructed within an easement in such a way that it would prevent use of the easement for its intended purpose.
(3)
FENCES.
(a)
Front Yard. Any fence located in the required front yard of
a residential lot in a residential district shall have a minimum ratio
of 2:1 ratio of open to structural areas, shall not exceed four feet
in height and shall be constructed entirely of wood or a type of material
such as fiberglass that the applicant proves to the satisfaction of
the Zoning Officer has the appearance of wood (plus any required fasteners
and any wire mesh attached on the inside of the fence). The front
yard fence could also be ornamental wrought iron or aluminum decorative
fencing and cannot exceed three feet in height.
(b)
A fence shall not be required to comply with minimum setbacks
for accessory structures.
(c)
Height. A fence located in a residential district in a location
other than a required front yard shall have a maximum height of six
feet, except:
1)
A maximum height of 10 feet is permitted to enclose a tennis or racquet
sport court or a nonhousehold swimming pool or an electric substation,
provided that such fence is set back a minimum of 10 feet from all
lot lines; or
2)
If an applicant clearly proves in writing to the satisfaction of
the Zoning Officer that a higher fence is needed to protect public
safety around a specific hazard.
(d)
Setbacks. No fence shall be built within the existing right-of-way of a street or within 10 feet of such right-of-way in a commercial or industrial district. A fence for a nonresidential use shall be set back a minimum of five feet from any abutting lot line of an existing dwelling or an undeveloped residentially zoned lot. No fence shall be located within the paved area setback required under § 27-603.
(e)
Any fence that has one side that is smoother and/or more finished
than the second side shall place that smoother and/or more finished
side so that it faces away from the area that is enclosed, unless
the fence abuts a business use.
(f)
Fence Materials. Barbed wire shall not be used as part of fences
around dwellings. Electrically charged fences shall only be used to
contain farm animals and shall be of such low intensity that they
will not permanently injure humans. No fence shall be constructed
out of fabric, junk, junk vehicles, appliances, tanks or barrels.
(g)
Any green barrier (such as trees, shrubs, hedges and vines)
shall have no height restriction. The Township Shade Tree Ordinance
does require that a minimum clearance be maintained over streets and
sidewalks.
(h)
The height of a fence shall be measured from the ground to the
top of the main segment of a fence. The height of fence support posts
may be a few inches higher than the maximum allowable fence height.
(i)
Barbed wire may be placed along the top of fences utilized for
commercial or industrial use but can only be placed starting at six
feet above the ground.
(j)
Barbed-wire fencing from the ground level upward is permitted
only for the following land uses: agriculture, horticulture and the
raising and keeping of farm animals.
(k)
All fences and walls shall be erected a minimum of six inches
from side and rear property lines which abut neighboring lots. Fences
and walls may be erected directly on these lot lines if the abutting
property owner signs a consent form provided by the Zoning Officer.
Said consent form shall bind all successors in title. Fences and walls
may be erected directly on front and side lot lines abutting the existing
legal rights-of-way of streets and private alleys.
(l)
If a fence is located in a rear yard and has a height of six
feet or less and is located 10 or more feet from any lot line, then
a Township zoning permit is not required.
(4)
WALLS.
(a)
Engineered retaining walls necessary to hold back slopes are
exempted from setback regulations and the regulations of this section
and are permitted by right as needed in all districts. See structural
regulations in the Construction Codes.
(b)
No wall of greater than three feet shall be located in the required
front yard in a residential district, except as a backing for a permitted
sign at an entrance to a development.
(c)
A wall in a residential district outside of a required front
yard shall have a maximum height of three feet if it is within the
minimum accessory structure setback and six feet if it is not.
(d)
Walls that are attached to a building shall be regulated as
a part of that building, and the regulations of this section shall
not apply.
(5)
GATES. All fences, walls or continuous hedges more than four
feet in height shall be equipped with gates or other suitable passageways
at intervals of not more than 250 feet.
F.
GARAGE SALE.
(1)
See definition in Part 2. A garage sale shall not include wholesale
sales, nor sale of new merchandise of a type typically found in retail
stores.
(2)
No garage sales shall be held on a lot during more than four
days total in any three consecutive months.
(3)
The use shall be clearly accessory to the principal use.
(5)
If more than one garage sale is being held per dwelling unit
in a calendar year, then each additional garage sale shall require
a permit from the Zoning Officer in advance.
(6)
Such sale shall be limited to common household goods, furniture,
items of a similar character or the property itself in the case of
an auction.
G.
GAS AND OIL WELLS as a principal or accessory use.
(1)
Gas and oil wells shall only be allowed where provided under § 27-306 (except where superseded by state or federal regulations).
(2)
A minimum setback of 300 feet shall be required from a gas or
oil well pad from any existing building on another lot. A minimum
setback of 500 feet shall apply from a gas well head, gas storage
tank or waste impoundment from any building on another lot. See other
setbacks in the State Oil and Gas Act. A minimum setback of 50 feet
shall be required from a gas or oil well, any accompanying storage
tank and all related aboveground equipment to any street right-of-way
or any lot line.
(3)
A row of primarily evergreen trees shall be provided between
any gas or oil well and any existing dwelling on an adjacent lot.
(4)
A minimum four-foot-high security fence or architectural masonry
wall shall be provided around a gas or oil well.
(5)
If any gas or oil well or related mechanical equipment will
be within 500 feet from an existing dwelling on another lot:
(a)
Sound walls, acoustical blankets or similar measures shall be used
to control noise; and
(b)
Movement of trucks onto and off of the property shall not occur between
the hours of 9:00 p.m. and 7:00 a.m., except for emergency measures
where a situation occurs unexpectedly and demands immediate action.
(6)
A zoning permit shall be required for a gas or oil well. Prior
to receiving a zoning permit, the applicant shall also provide written
notification to all adjacent landowners of record.
H.
HOME OCCUPATION. (See definitions in Part 2.) The following standards
shall apply to both light and general home occupations:
(1)
The burden of proof shall be upon the applicant to prove that
the standards of this section will be met, especially regarding possible
nuisances and truck traffic. Based upon the potential nuisances of
a proposed general home occupation, the Zoning Hearing Board may determine
that a particular type or intensity of use is unsuitable to be a home
occupation or that the proposed lot area or setbacks are not sufficient.
(2)
The home occupation shall be conducted completely indoors and
may be within a principal or accessory residential building. The total
amount of floor area of all buildings used for a home occupation shall
not be greater than 20% of the total heated, habitable floor area
of the principal dwelling unit. A maximum of one home occupation shall
be permitted per dwelling unit.
(3)
There shall be no outdoor operations or outdoor storage of materials,
products or equipment.
(4)
Signs and Displays. There shall be no use of show windows, business display or advertising visible from outside the premises, except as is specifically permitted for a single sign for a home occupation in § 27-703.
(5)
Truck Traffic. The use shall not require the parking or servicing
by a vehicle with more than 26,000 pounds' gross registered vehicle
weight, except for deliveries a maximum of two times per week. The
use shall not involve the parking of more than two trucks of any type
on the lot or on adjacent streets at any period of time. The use shall
not need servicing by, deliveries by or parking of tractor-trailer
trucks.
(6)
Prohibited Uses. See the list in the definitions section of
uses that do not qualify under the term "home occupation." A residential
lot in a residential district shall not be used to repair or maintain
a motor vehicle that is not registered to a resident of such lot or
a person who is related to such a resident.
(7)
Nuisances. No machinery or equipment shall be permitted that
produces noise, noxious odor, vibration, glare, electrical interference
or radio or electromagnetic interference beyond the boundary of the
property. Only general types and sizes of machinery that are typically
found in dwellings for hobby or domestic purposes shall be permitted.
No use shall generate noise or glare in excess of what is typical
in a residential neighborhood.
(8)
The use shall also comply with all environmental and nuisance control regulations of this chapter, including Part 5.
(9)
Parking and Loading. In any case, a home occupation shall include
an absolute minimum of one off-street parking space (which may include
a space for the dwelling) and shall be determined by the Zoning Officer
based upon the closest use. The applicant shall prove to the satisfaction
of the Zoning Hearing Board in the case of a general home occupation
and the Zoning Officer in the case of a light home occupation that
the use will include adequate off-street parking and loading spaces.
The amount of parking in the front yard should be held to a minimum
to maintain a residential character. Therefore, the Township may allow
appropriate, safe, on-street areas to be used to meet a portion of
parking needs. If additional parking is needed beyond what can be
accommodated using appropriate on-street spaces and a residential-style
driveway, then the Township may require that such parking be provided
in the rear of the home if practical and may deny the use if such
rear parking cannot be accommodated.
(10)
Building Appearance. The exterior of the building and the lot
shall not be changed in such a way as to decrease its residential
appearance, except for permitted parking spaces and the permitted
sign.
(11)
Hours. A home occupation shall not be conducted in a way that
is perceptible from beyond the lot line between the hours of 9:00
p.m. and 8:00 a.m. This time limit shall also apply to any loading
or unloading of vehicles on the property or on a street that causes
noise to adjoining residents.
(12)
Hazardous Substances. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts commonly found in a dwelling. The use shall not
involve the use or storage of toxic substances.
(13)
Advertising. The address of the home occupation shall not be
advertised in such a way that would encourage customers or salespersons
to come to the property without an appointment.
(14)
Law or Medical Office. The main office of a medical doctor,
chiropractor, dentist or attorney shall only be allowed as a home
occupation if the property abuts an arterial street and has a minimum
lot area of 9,000 square feet.
(15)
Number of Employees. A total maximum of one person shall work
on the premises who is not a permanent resident of the dwelling, except
a barber or beauty shop may not include any nonresident employees.
(16)
Instruction. Any instruction or tutoring shall be limited to
a maximum of: one student on the property at any one time and six
students on the property on any day.
(17)
Barber/Beautician. Any barber, beautician, hair stylist or similar
personal service use shall only be permitted as a home occupation
if:
(18)
If the home occupation involves work occurring on a vehicle(s),
such vehicle(s) shall not be parked on the lot or on abutting streets
overnight.
(19)
Traffic. The use shall not routinely involve the arrival at
the property for business purposes of more than 10 vehicles per day
or the parking of more than four vehicles of nonresidents at any one
time.
I.
HOME PET CARE. This accessory business use shall apply to the care
or keeping on a residential lot of up to six total dogs, cats or other
domesticated pets. However, a maximum of 10 shall apply if such animals
are regularly kept at least 200 feet from any residential lot line.
On-site pets of the operator that are older than four months shall
also count towards that maximum number.
(1)
See the Township ordinance that regulates excessive barking
by dogs.
(2)
This use shall only be allowed as an accessory use to a single-family
detached dwelling that is on a lot of greater than 20,000 square feet.
(3)
Animals shall be kept indoors except for periods of less than
five minutes at a time, or when they are being actively exercised
during daylight hours under the supervision of the operator. Any outdoor
area where the pets are allowed to go without a leash shall be enclosed
by a secure fence with a minimum height of six feet.
(4)
Animal waste shall be promptly cleaned up and stored in a sanitary
enclosed container that does not generate odors off of the lot.
J.
OUTDOOR STORAGE AND DISPLAY. Commercial or industrial as a principal
or accessory use.
(1)
Location. Outdoor storage or display shall not occupy any part of any of the following: the existing or future street right-of-way, sidewalk or other area intended or designed for pedestrian use, required parking area or required paved area setback (see § 27-603).
(2)
No such storage or display shall occur on areas with a slope
in excess of 15% or within the one-hundred-year floodway.
(4)
TIRES. No more than 10 used tires shall be stored on a residential
lot, and they shall be covered. Waste tires shall regularly be disposed
of off site in a manner consistent with state regulations and shall
not be kept on site for more than six months. Storage of more than
10 used tires shall only occur where it is a legitimate and necessary
accessory use to a principal commercial or industrial use. If more
than 100 tires are stored outdoors on a lot, each stack shall be a
maximum of 15 feet high and shall cover a maximum of 200 square feet.
Each stack shall be separated from other stacks by a minimum of 75
feet, shall be covered and shall be set back a minimum of 75 feet
from all lot lines. See also PADEP regulations for waste tire storage,
including setbacks from water features.
K.
PETS AND ACCESSORY ANIMALS, KEEPING OF. (Note: This does not apply to raising of livestock, which is regulated by § 27-402, nor to keeping of animals permitted as an accessory use under the definition of "crop farming" in Part 2.)
(1)
This is a permitted-by-right accessory use in all districts.
(2)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates a serious nuisance
(including noise or odor), a health hazard, an inhumane condition
or a public safety hazard. No dangerous animals shall be kept outdoors
in a residential district, except within a secure, completely enclosed
cage.
(3)
The total number of dogs and cats shall be a combined maximum
of six, except a maximum of 10 shall apply if such animals are regularly
kept at least 200 feet from any residential lot line. No numerical
restriction shall apply to cats and dogs of less than four months
age, although commercial breeding shall only be permitted as a general
home occupation.
(4)
No more than six total pigeons, chickens, ducks, geese or similar
poultry or fowl shall be kept on a residential lot of between 1/4
and two acres. A maximum of 12 such fowl shall be permitted under
this section on lots of two acres or more under this accessory use
section. Such animals shall be kept away from the ground of property
not owned or leased by the applicant. The shelter and pen shall be
kept a minimum of 50 feet away from a lot line of a dwelling (other
than a dwelling owned or occupied by the owner of the animals). The
keeping of roosters is prohibited within a residential district. Animals
shall not be slaughtered on the lot for food. The shelter or pen shall
be maintained in a clean and sanitary manner that does not generate
odors off of the lot. Animal feed and animal waste shall each be stored
in rodent- and insectproof containers.
(5)
A maximum of six rabbits over the age of three months may be
kept, unless such animals would be kept completely indoors or a minimum
of 75 feet from any dwelling other than that of the owner of the animals.
(6)
In any zoning district, it is permitted to maintain up to two
horses on a lot of two acres or more. Any horse barn, corral, fenced-in
area or stable shall be a minimum of 50 feet from any abutting lot
line (other than a street right-of-way) and 175 feet from any existing
dwelling other than that of the owner of the horses.
(7)
Keeping of more than the specified number of cats or dogs shall
be considered a kennel, except within a permitted retail pet shop.
(8)
Keeping of more than the specified number of pigeons or fowl
shall be considered raising of livestock, except within a permitted
retail pet shop.
(9)
Keeping of more than the specified number of horses shall be
considered a stable.
(10)
Only those animals that are domesticated and are compatible with a residential character shall be permitted under this § 27-403. Examples of permitted animals include dogs, cats, rabbits, gerbils and fish but do not include bears, goats, cows, venomous snakes, pigs (other than miniature breeds) or sheep. A maximum of one pig, which shall be of a clearly miniature breed, may be kept under this § 27-403.
(11)
Any area used for the keeping of bees shall be set back a minimum
of 30 feet from all lot lines, from any dwelling (other than the residence
of the keeper of the bees), and from any street right-of-way. If the
bees are kept within 60 feet from such lot line, dwelling or right-of-way,
a solid six-foot-high fence shall be placed between the beekeeping
area and such features. Such fence is not intended to be a complete
enclosure.
(12)
An unlimited number of fish may be kept; except if the fish
are being raised in bulk quantities for resale as food, it shall be
considered to be food processing.
(13)
Animals, other than domestic cats, shall be kept within confined
areas using an enclosure, chain or other humane method such that they
do not run at large onto property of others.
(14)
Wastes. Every keeper of animals shall cause the animals' feces
to be collected daily. Such waste shall be kept in a closed ratproof
and flytight container or receptacle. At least twice a week, every
keeper of animals shall cause such waste to be disposed of in a manner
as to not permit the presence of fly larvae.
(15)
Every keeper of animals shall cause all feed for such animals
to be stored and kept in a ratproof and flytight building, box, container
or receptacle.
L.
RECREATIONAL VEHICLES, BOATS, CAMPERS AND PERSONAL CARGO TRAILERS
STORAGE. Within the CR, R1, R2, R3, R4 and R5 Zones or upon any property
used principally for residential purposes, the exterior storage of
recreational vehicles, boats, campers and personal cargo trailers
longer than 20 feet (excluding a trailer hitch) is permitted only
according to the following requirements:
(1)
The parking of one recreational vehicle, travel trailer, boat
or personal cargo trailer shall be permitted per lot in a driveway
or atop any impervious surface in the front yard, so long as the vehicle
is set back no less than 10 feet from any street right-of-way and
five feet from adjoining property lines throughout the months of June
1 through September 30.
(2)
The storage of one recreational vehicle, travel trailer, boat
or personal cargo trailer shall be permitted per lot behind the existing
front building line, so long as the recreational vehicle, travel trailer,
boat or personal cargo trailer is set back no less than 15 feet from
any adjoining lot line. Any area used for the storage of a recreational
vehicle, travel trailer, boat or personal cargo trailer shall be maintained
so as to keep vegetation properly trimmed and debris or litter disposed
of regularly and provide some means to prevent the leakage of fuels
and/or lubricants into the ground. All vehicles shall maintain required
licensure.
(3)
Any recreational vehicle, travel trailer, boat or personal cargo
trailer that is required to be registered or licensed under state
law to be operated and is not registered or licensed or is not in
transportable condition shall be kept out of view from any public
street and any existing dwelling (other than that of the owner).
(4)
If the recreational vehicle, travel trailer, boat or personal
cargo trailer is kept within an existing garage, the regulations referenced
above do not apply.
M.
RESIDENTIAL ACCESSORY STRUCTURE OR USE. (See definition in Part 2.)
(2)
An accessory building on a lot with a lot area of one acre or
less in a residential district shall meet the following requirements:
[Amended by Ord. 12-2016-608, 12/8/2016]
(a)
Maximum of two accessory buildings per lot in a residential
district with one acre or less.
(3)
Any ramp constructed for skateboarding, in-line skating or bicycling
shall be clearly intended for use by permanent residents of the dwelling
and their occasional guests. Any such ramp shall be a maximum of five
feet high (not including a top rail for safety) and 25 feet in total
length (including the landing area) and no more than eight feet wide.
The ramp shall not be used before 8:00 a.m. or after dusk and shall
not be in use for more than three hours per day. Only one such ramp
is permitted per lot. The ramp shall meet all setback requirements
for an accessory structure in that zoning district. The ramp shall
be dismantled when not used for a period of nine months as a skateboard,
in-line or bicycle ramp. Construction and position shall be completed
to minimize the objectionable noise affects to surrounding properties.
(4)
A residential lot in a residential district shall not be used
to repair or maintain a motor vehicle that is not registered to a
current resident of such lot or a person who is related to a resident
of such lot. See definition of "related" in Part 2.
(5)
No residential lot in a residential district shall include the
use of spotlights or floodlights that shine directly onto dwellings
or otherwise cause a nuisance.
(6)
See also "tennis or racquetball court" in this section.
(7)
See also "swimming pool, household" in this section.
(8)
Vehicle Repairs. No residential lot of less than one acre in
a residential district shall be used outside of an enclosed building
for the following work upon a motor vehicle or a recreational vehicle
that is not currently registered to a permanent resident of such lot
if such work:
(a)
Involves spray-painting.
(b)
Involves structural body or frame work.
(c)
Involves substantial disassembly of a transmission.
(d)
Is perceptible from a lot line of a dwelling between the hours
of 9:00 p.m. and 8:00 a.m.
(e)
Involves the payment of compensation for work, other than for
actual expenses.
(9)
A residential accessory structure may include a toilet and sink
but shall not include a shower, bathtub or a kitchen.
(10)
Alternative Septic System Location if Impervious Coverage is
Increased.
(a)
If an existing principal use meets all of the following conditions,
then Subsection 4M(10)(b)2) below shall apply:
1)
The use is on a lot of less than one acre or is on a lot with
three or more dwelling units.
2)
The use is served by one on-lot septic system and does not have
a preserved alternate septic system location that has been tested
and found to meet applicable Department of Environmental Protection
(DEP) septic regulations.
3)
The applicant proposes to add 300 square feet or more of additional
impervious coverage (considering total increases in such coverage
from the date of adoption of this chapter).
(b)
If Subsection 4M(10)(a) above applies, then prior to the granting of a permit, the applicant shall:
1)
Designate in writing and preserve an area of the lot for an
alternate septic system location; and
2)
Provide a written and signed letter from a state-certified Sewage
Enforcement Officer (SEO) stating that such site, to the best of the
SEO's knowledge, would meet applicable DEP septic regulations. Such
letter shall be based upon a soil probe and consideration of DEP setback
and slope requirements but shall not require a percolation test.
N.
RETAIL SALES OF AGRICULTURAL PRODUCTS GROWN ON THE PREMISES.
(1)
The use shall be an accessory use incidental to a crop farming
or raising of livestock use.
(2)
The only retail sales shall be of agricultural products. A minimum
of 50% of the products sold shall have been grown or raised by the
operator of the retail sales use, or a member of his/her immediate
family or a lessee of their land.
(3)
Off-street parking shall be provided in compliance with the
provisions of Part 6. No parking shall be permitted in such a way
that it creates a safety hazard.
(4)
All buildings erected for this use that are not clearly permanent
in nature shall be disassembled during seasons when products are not
offered for sale.
(6)
No stand shall be located closer than 50 feet from a lot line
of an existing dwelling, 25 feet from any other lot line or 100 feet
from the closest intersecting point of street rights-of-way at an
intersection.
(7)
A maximum of 800 square feet of building floor area may be used
for such use.
(8)
The use may occur as an accessory use within an existing dwelling
or barn. Any stand shall be maintained in good condition.
O.
SATELLITE DISH ANTENNAS.
(1)
Intent. To provide for reception of satellite communications,
while assuring that such uses will not detract from the character
of any area or adversely affect property values. To recognize that
the solidness and visibility of satellite antennas can create a very
strong visual impact on a neighborhood compared to most other noncommercial
antenna.
(2)
Satellite antennas shall be a permitted-by-right accessory use
in all districts for all uses, subject to the restrictions in this
subsection.
(3)
A ground-mounted, roof-mounted or tower-mounted satellite dish
antenna shall not exceed 12 feet in diameter for principal nonresidential
properties and four feet in diameter for residential properties.
(4)
For a principal nonresidential use, no ground-mounted satellite
dish antenna with supports shall exceed 18 feet in height and no roof-mounted
or tower-mounted antenna shall exceed an overall height of 10 feet
above the highest point of the roof. For a residential use, a satellite
dish antenna shall be attached to a building and not exceed the height
of the roof by more than five feet.
(5)
The following criteria shall apply to ground-mounted satellite
dish antennas that are visible from a residential lot or a public
street:
(a)
Such antennas shall be a minimum of 15 feet from side and rear
lot lines.
(b)
Such antennas shall be erected or maintained behind the rear
wall of the principal building, except where the subject property
is on a cul-de-sac or corner lot where the side yard is larger than
the rear yard, in which case the antenna may be located in said side
yard as long as the required side yard setback is retained. No portion
of an antenna array shall extend beyond the front wall of the principal
building on a lot. Guy wires shall not be anchored within any front
yard area but may be attached to the building.
(c)
Materials and colors that blend with the surroundings to the
maximum extent possible shall be used for such antenna.
(6)
A building permit shall be secured from the Township prior to
installation of any satellite dish antenna with a diameter greater
than three feet. Such application shall be reviewed by the Township
Zoning Officer, Building Inspector and Electrical Inspector prior
to issuance of the permit.
P.
SOLAR ENERGY COLLECTORS as an accessory use.
(1)
Solar energy collectors may be attached to any building roof
and may extend up to 10 feet above the maximum building height.
(2)
Solar energy collectors as an accessory use that are not attached
to a building roof may cover a maximum of 5% of the lot area, shall
have a maximum total height of 15 feet and shall meet setback requirements
for an accessory building.
R.
SWIMMING POOL, HOUSEHOLD (referred to hereafter as "pool").
(1)
The pool shall not involve any commercial use.
(2)
Fencing/Enclosure of a Pool. The requirements of the Construction
Codes shall apply.
(3)
Location. Patios around pools that are level with the average
surrounding ground level are not required to meet setbacks. Where
practical, a pool shall be located to the rear of a dwelling. A pool
is not permitted within a required front yard. The water surface of
any swimming pool, as well as any deck or shelter that is elevated
above the average surrounding ground level, shall meet the following
minimum setbacks:
(4)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not overload or flood any: (a) on-lot
septic system; or (b) portion of a building or property not owned
by the owner of the pool. A pool shall not be located so as to interfere
with the operation of a well or on-lot septic system.
(5)
The Township does not assume responsibility for guaranteeing
to the public that all new and existing pools fully comply with these
provisions.
(6)
Water Service. Any inlet from a central water system shall be
above the overflow level of the pool. If the water for a pool is supplied
by a private water system, there shall be no crossed connection with
the central water system.
(7)
Nuisances. A pool shall not include illumination of adjacent
residential properties beyond what is customary in a residential neighborhood.
A pool shall also not include the playing of a radio or recorded music
at a volume louder than is necessary for the convenient hearing of
persons at the pool.
(8)
No pool shall be located under any overhead electric power line.
S.
TENNIS OR RACQUETBALL COURT.
(1)
A tennis or racquetball court shall not be located in the front
of a dwelling and shall not be located within any required accessory
yard areas. A tennis or racquetball court shall not be located within
15 feet of an abutting lot line of an existing dwelling. See also
the requirements for fences and walls in this subsection.
(2)
No lighting shall shine directly beyond a boundary of the lot
where the tennis court is located.
(3)
A tennis or racquetball court shall not be located over a drainage
field of an on-lot sewage disposal system.
U.
WIND TURBINES, maximum of one per lot, as accessory use.
(1)
All wind turbines shall be set back from each lot line a minimum
distance equal to the total maximum height to the top of the extended
blade, unless a written waiver is provided by the owner of such adjacent
lot. All wind turbine setbacks shall be measured from the center of
the base of the turbine.
(2)
The audible sound from the wind turbine shall not exceed 45
A-weighted decibels, as measured at the exterior of an occupied principal
building on another lot, unless a written waiver is provided by the
owner of such building.
(3)
The owner of the facility shall completely remove all aboveground
structures within 12 months after the wind turbine is no longer used
to generate electricity.
(4)
A wind turbine shall not be climbable for at least the first
12 feet above the ground level, unless it is surrounded by a fence
with a minimum height of six feet.
(5)
All wind turbines shall be set back from the nearest public
street right-of-way a minimum distance equal to the total maximum
height to the top of the extended blade.
(6)
The turbine shall include automatic devices to address high-speed
winds, such as mechanical brakes and overspeed controls.
(7)
In a residential district, the maximum total height above the
ground level to the tip of the extended blade shall be 90 feet. In
any other district, the maximum height for a wind turbine approved
under this section shall be 150 feet.
(8)
New electrical wiring to the wind turbine shall be placed underground,
to the maximum extent feasible.
(9)
Contiguous property owners may construct one wind turbine for
use in common, provided that the required setbacks are maintained
from the lot lines of nonparticipating landowners.
