[Ord. 2013-01, 2/11/2013]
1.
Every building hereafter erected or moved shall be on a lot which
abuts a public street or to a private street approved by the Township
and all structures shall be so located on lots which provide safe
and convenient access for emergency vehicles and required off-street
parking.
2.
In any zoning district, more than one building/structure housing
a permitted or permissible principal use may be erected on a single
lot, provided that the area, yard and other requirements of this chapter
pertinent to the district in which the lot is located shall be met
for each building/structure as though it were on an individual lot,
unless otherwise specifically provided in this chapter.
[Ord. 2013-01, 2/11/2013]
1.
General.
A.
Except as noted elsewhere in this chapter, no accessory building
or structure shall be permitted within 10 feet of the lot line or
within the front yard setback.
B.
Except as noted elsewhere in this chapter, no accessory building
or structure shall exceed 25 feet in height. The height of the accessory
building or structure above its base shall be less than the shortest
distance from such base to any lot line.
C.
Accessory buildings or structures for agricultural and horticultural
uses shall be exempt from the building height and open area requirements
specified in this chapter. The height of the accessory building or
structure above its base shall be less than the shortest distance
from such base to any lot line.
D.
No permanent accessory building or structure shall be constructed
on any lot prior to the commencement of construction of the principal
building to which it is accessory.
E.
Subsections .2 and .3 indicate accessory uses and their specifications
for residential and nonresidential land uses.
2.
Residential Provisions.
A.
Private, noncommercial, in-ground swimming pools which are designed to contain a water depth of 18 inches or more shall be entirely enclosed with permanent fence not less than four feet in height. The pool shall not occupy more than 50% of the minimum yard area in which it is located. Section 27-720 of this Part provides additional standards and provisions for swimming pools.
B.
Unless otherwise specified within this chapter, detached garages, green houses, and other outbuildings are permitted as accessory uses provided they are not located within 10 feet of the lot line or within the front yard setback. All such uses shall be erected, enlarged, or demolished in accordance with all applicable Township Building Codes [Chapter 5, Part 1].
C.
Patios, paved terraces, and open porches shall not be located closer
than 10 feet to side and real property line, or within the front building
setback line. An enclosed porch or patio must meet minimum yard setback
requirements. An enclosed porch or patio is defined as a roofed structure.
D.
Private, noncommercial tennis courts shall not be located within
10 feet from any property line or within the front building setback
line. A tennis court shall not be located over a drainage field of
a sewage disposal system.
E.
Satellite receiving dishes if mounted at ground level shall not be
located closer than 10 feet from side or rear property lines or within
the front building setback line.
3.
Commercial and Industrial Provisions.
A.
Storage facilities are permitted. The outdoor storage of materials
shall be screened from the view of adjacent properties.
B.
Living quarters are permitted only for proprietors, watchmen, caretakers,
or similar employees.
C.
Restaurants, cafeterias, and recreational facilities are permitted
provided that they are intended for the use of employees only, unless
they are permitted as principal uses in the zoning district in which
they are constructed.
[Ord. 2013-01, 2/11/2013; as amended by Ord. 2013-05, 10/14/2013,
§ 1]
1.
Home occupations are permitted by conditional use in all zoning districts.
If permitted, the following regulations and standards shall apply
to home occupations:
A.
The office or related workplace of a licensed medical practitioner
or allied health field, massage therapist, dentist, architect, artist,
baker (provided that the baked goods are delivered to the customer
and not sold from the premises), lawyer, accountant, insurance agent,
real estate broker, teacher, tax collector, engineer, music or voice
instructor, dressmaker, milliner or seamstress, barber or beautician,
or similar occupation shall be deemed to be a "home occupation."
B.
All dwelling units which accommodate a home occupation use shall have direct access to a public street. Furthermore, the home occupation shall be secondary to the use of the property as a residence and shall not change the residential character of the dwelling or have any exterior evidence of such secondary use other than a permitted sign subject to § 27-726, "Signs," of this chapter.
C.
The principal person engaged in the home occupation shall be a resident
of that dwelling.
D.
Employment in the home occupation shall be limited to residents of
the premises and not more than one person who is not a resident of
the premises.
E.
No more than one home occupation per residence shall be permitted,
although a no-impact home business and a home occupation may be permitted
in a single residence.
F.
The home occupation shall be conducted wholly within the principal
residential structure or an accessory structure to the principal residential
structure (i.e., a detached garage.)
G.
A home occupation shall not occupy a total area of more than 25%
of the total floor area of the residential dwelling unit.
H.
All parking shall be off-street. Three off-street parking spaces
in addition to those required for the residence units shall be provided,
except that in the case of the office of a medical practitioner or
dentist, four spaces shall be provided.
I.
A zoning permit issued by the Township is required for all proposed
home occupations.
2.
A secondary farm family business is permitted as a home occupation
by conditional use only in the RC Rural Conservation Zoning District
subject to the following conditions:
A.
A secondary farm family business shall only be permitted on a working
farm of at least 20 acres in size.
B.
In the RC District, only one home occupation is permitted (either
a standard home occupation as listed above or the secondary farm family
business described herein).
C.
A maximum of two employees shall be permitted in conjunction with
the secondary farm family business in addition to family members or
farm laborers employed in the primary farm business.
D.
Secondary farm family business may include, but not be limited to,
the following, where clearly subordinate to the principal agricultural
use of the property:
(1)
Facilities for the sales, repair, and service of agriculturally
related equipment and supplies.
(2)
Blacksmith or farrier shop.
(3)
Grain mills or portable grinding mills.
(4)
Manufacturing and sale of crafts.
(5)
Manufacturing of household articles, such as chairs, cabinets,
clocks, and similar carpentry type articles for use in the home.
(6)
Other uses of similar character to those listed above.
[Ord. 2013-01, 2/11/2013]
1.
The Zoning Hearing Board may authorize as a special exception the
conversion of any single-family detached dwelling into a dwelling
for not more than two families, provided that the tract or lot is
located in the Rural Conservation (RC), Rural Residential (RR), Rural
Suburban (RS) Zoning Districts.
2.
The lot area per family shall not be reduced to less than the minimum
lot area per dwelling unit as required by the applicable zoning district.
3.
The yard, building, area, and other applicable requirements for the
applicable zoning district shall not be reduced.
4.
Provisions for adequate water supply and waste disposal shall be
made in accordance with the requirements of the Pennsylvania Department
of Environmental Protection.
5.
As part of the request for special exception, the applicant shall
demonstrate how the conversion will maintain the character, harmony,
and integrity of the neighborhood.
6.
The applicant shall provide a minimum of two off-street parking spaces
per dwelling unit.
7.
In considering the request for special exception, the Zoning Hearing
Board shall consider the economic value or usefulness of the subject
building as a single-family detached dwelling or other use permitted
by right within the applicable zoning district.
8.
If such conversion is authorized, the Zoning Hearing Board may prescribe
such further conditions with respect to the conversion and use of
such building as it deems appropriate.
[Ord. 2013-01, 2/11/2013]
1.
General Agricultural Standards.
A.
Setbacks for residential buildings on a farm property shall be as
required by the zoning district within which it is located.
B.
Nonresidential farm structures, including barns, silos, water towers,
and bulk bins, are exempt from the maximum height limit specified
within the zoning district regulations; provided, that the distance
between a structure and the nearest lot line or public street right-of-way
is equal to or greater than the height of the structure.
C.
No more than one dwelling unit shall be permitted on lands on which
agriculture is the principle use.
E.
Animal equivalent units (AEUs) that are less than the amounts specified
under the definition of concentrated animal operations and concentrated
animal feeding operations, shall be considered as general agriculture.
F.
All areas outside of an enclosed building used for feeding or grazing
of animals shall be completely fenced so that animals cannot leave
the lot.
G.
All buildings and structures for the housing of livestock or poultry
for general agriculture, located in all zones, shall be located not
less than 50 feet from the adjoining lot lines. Any exhaust shall
be directed away from the closest adjoining residences or commercial
buildings.
H.
Keeping of animals; disposal of animal carcasses:
(1)
No animal(s) shall be kept in a manner which provides harborage
or breeding ground for flies, vermin, or other vectors.
(2)
No animal(s) shall be kept under conditions which, in the reasonable
discretion of the Township, are found cruel to the animal(s).
(3)
No animal(s), including household pets, shall be kept in such
a manner as to cause a violation of the performance standards contained
within this chapter.
(4)
No Township permit is required for the keeping of a household
pet. Household pets are hereby defined as any animal which is housed
within a dwelling with its owner, or within an accessory animal shelter
or exercise areas located upon the property of an animal owner.
(5)
Poisonous animals shall not be kept as pets.
(6)
A plan must be maintained for the disposal of animal carcasses,
either by controlled incineration on-site or by being removed from
and disposed of off the premises. Animal carcasses shall not remain
on the premises for more than 24 hours after decease.
2.
Intensive Agricultural Standards.
A.
Animal equivalent units (AEUs) that are equal to or exceed the amounts
specified under definitions for concentrated animal operations and
concentrated animal feeding operations shall be considered as Intensive
Agriculture.
B.
All buildings and structures for the housing of livestock or poultry
for intensive agricultural operations in all zones, shall be located
the greater of:
(1)
The distance required by an approved odor management plan from
an adjoining lot line or residence or building within which people
are employed on an adjoining lot.
(2)
Seventy-five feet from all lot lines.
(3)
One hundred feet of an adjoining residence or commercial building
in which people are employed or work on an adjoining lot. Any exhaust
shall be directed away from the closest adjoining residences or commercial
buildings. Notwithstanding the foregoing, a setback requirement for
a manure storage facility, shall be the setback imposed by the State
Conservation Commission or the Berks County Conservation District.
C.
No intensive agriculture building shall be built on the one-hundred-year
floodplain.
D.
Intensive agriculture activities shall be conducted in a manner consistent
with accepted agriculture best management practices, and best available
technologies, as issued by the Pennsylvania Department of Agriculture,
the State Conservation District, the Pennsylvania Department of Environmental
Protection, Pennsylvania State University, College of Agriculture,
or similar recognized entities and shall be subjected to all local,
state and federal regulations. The management of mushroom waste shall
be in specific conformity with the DEP manual entitled "Best Practices
for Environmental Protection in the Mushroom Farm Community," and
the failure to so comply with result in the mushroom waste being subject
to all state and federal regulations for residue waste application,
storage, composting and transportation.
E.
A nutrient management plan as approved by the State Conservation
Commission or a delegated Conservation District under the guidelines
of the Pennsylvania Code for applicable intensive agriculture operations,
shall be provided to the Township of Douglass. If the Pennsylvania
Department of Agriculture, Pennsylvania Department of Environmental
Protection, or other state or federal agency revises the requirements
regarding nutrient plans, then this section shall be interpreted in
accordance with the revised regulations of the Pennsylvania Department
of Agriculture, Pennsylvania Department of Environmental Protection,
or such other agency.
F.
An odor management plan developed by a certified odor management
specialist, as approved by the State Conservation Commission or a
delegated Conservation District under the guidelines of the Pennsylvania
Code for applicable intensive agriculture operations, shall be provided
to the Township of Douglass. If the Pennsylvania Department of Agriculture,
Pennsylvania Department of Environmental Protection, or other state
of federal agency revises the requirements regarding nutrient plans,
then this Part shall be interpreted in accordance with the revised
regulations of the Pennsylvania Department of Agriculture, Pennsylvania
Department of Environmental Protection, or such other agency.
G.
Douglass Township shall be provided with a copy of any required National
Pollutant Discharge Elimination System (NPDES) permit application
submitted to the Pennsylvania Department of Environmental Protection
and a copy of the NPDES permit approved by the Pennsylvania Department
of Environmental Protection.
H.
A stormwater management plan shall be prepared for all proposed intensive
agriculture uses, and submitted to the Township Engineer for approval.
I.
A driveway occupancy permit shall be secured from the Township Engineer
or from the Pennsylvania Department of Transportation, with a copy
to the Township, to establish that access onto the Township or state
roads is suitable to accommodate the amounts and sizes of truck traffic
that will be generated by the intensive agriculture operation.
J.
The Douglass Township Zoning Officer shall be provided with a copy
of the nutrient management plan summary information required to be
submitted to the State Conservation Commission pursuant to 25 Pa.
Code § 83.281.
K.
Intensive agriculture activities require the issuances of a zoning
permit by the Township Zoning Officer, which shall be issued upon
demonstration of compliance by the applicant with intensive agriculture
standards of this Part.
3.
Agricultural Retail Standards. The retail sale of agricultural products
at roadside stands or other structures to the general public shall
be subject to the following standards:
A.
Agricultural retail is an accessory use which shall be clearly subordinate
to the general farming use only. The retail use must be on the same
parcel as the general farming use.
B.
Fifty percent or more of the products sold must be grown, produced
or raised on the property; however, if the land owner experiences
crop failure due to reasons beyond the control of the land owner,
then this limitation shall not prohibit the land owner from selling
100% of products that are not grown, produced or raised on the property.
C.
The maximum floor area shall be limited to 2,000 square feet.
D.
The agricultural retail use must be set back at least 100 feet from
all property lines and roads.
E.
There shall be at least one parking space for every 250 square feet
of agricultural retail use.
[Ord. 2013-01, 2/11/2013]
1.
The following standards and controls shall apply to all nonprofit,
private, and community recreational uses. A municipal park owned by
the Township of Douglass shall not be subject to these regulations:
A.
All outdoor active recreation areas and uses shall be set back 100
feet from all lot lines when adjoining a residential zoning district
or residential use, otherwise a fifty-foot setback shall be required.
B.
All outdoor passive recreation areas and uses shall be set back 50
feet from all lot lines.
C.
No principal buildings used for indoor recreational activities shall
be constructed within 50 feet from any lot line.
D.
No buildings or impervious surfaces for recreational activities shall be constructed on lands which are classified and identified as part of the Environmental Protection Overlay District (Part 5) for hydric soils (§ 27-503) and/or high water table soils (§ 27-504). Driveways, parking lots, walkways and paved recreational areas may be located within these areas subject to the use of porous paving.
E.
All property lines adjacent to existing residential land uses shall be adequately screened and buffered so as to protect the neighborhood from inappropriate noise, light, and other disturbances. The depth of the buffer yard shall be a minimum of 20 feet in depth comprised of two rows of staggered plantings, and shall be consistent with the provisions specified under § 27-713, Subsection 1, of this chapter.
F.
Land areas which are not designated for buildings and paved surfaces shall be planted with an all-season ground cover which is adequate and consistent with the provisions specified under § 27-713, "Landscaping," of this chapter.
G.
No driveway or access street shall be located within 50 feet from
the intersection of any public or private street. The intersections
and interior traffic circulation pattern shall be designed to prohibit
through traffic and minimize traffic congestion and hazards. All driveways
or roads designed for interior circulation shall be constructed in
accordance with all applicable Township standards and specifications.
H.
Parking facilities shall be required and designed in accordance with
all standards and specifications adopted by Douglass Township.
I.
All parking areas, driveways, and streets accessing or improving recreational facilities to be open for use after dark shall be provided with a lighting system which shall furnish adequate illumination and shall be designed to prevent glare that could be hazardous or uncomfortable to drivers in the area. Lights shall be screened to prevent spill or glare onto adjacent residential areas. In addition, the standards indicated under § 27-721, "Lighting," shall be applicable for all design specifications.
J.
A land development plan shall be required for all proposed recreational sites in accordance with requirements of Act 247, 53 P.S. § 10101 et seq., as amended. In addition, all applications shall comply with applicable standards and specifications provided within this chapter and the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 2013-01, 2/11/2013]
All commercial and industrial uses shall be designed in accordance with applicable design standards of this chapter and the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 2013-01, 2/11/2013]
1.
Notwithstanding the laws and regulations of the United States Environmental
Protection Agency and the Pennsylvania Department of Environmental
Protection, the environmental performance standards within this Part
shall be utilized by the Douglass Township Board of Supervisors, the
Douglass Township Planning Commission, and the Township Engineer as
supplemental regulations for reviewing existing or potential environmental
impacts within the corporate limits of Douglass Township.
A.
Air Management.
(1)
Open burning is not permitted in Douglass Township unless such
burning is consistent with the provisions and restrictions of all
codes, regulations, and ordinances adopted by Douglass Township.
(2)
No gases, vapors, odors, or particulates shall be emitted from
any facility that are detrimental to persons, property, animals, or
vegetation. No toxic, radioactive, or corrosive gases, vapors, or
fumes shall be released into the atmosphere.
(3)
No odors shall be detectable beyond the property lines of the
commercial or industrial site on which such odors originate.
(4)
The Air Pollution Control Act of 1960, P.L. 2119 of the Commonwealth
of Pennsylvania, as amended, in conjunction with 25 Pa. Code, Chapter
131, "Ambient Air Quality Criteria," and Chapter 123, "Standards for
Contaminants," shall be considered as minimum standards for the control
of smoke, dust, fumes, and emissions.
B.
Noise and Vibration Control.
(1)
No continuous noise in excess of the following limits shall
be permitted at the property line of the site on which the noise sources
originate:
|
Maximum Permissible Sound Pressure Levels (in decibels)
| |||
|---|---|---|---|
|
Frequency Band: Cycles per Second
|
Along Residential District Boundaries
|
Along Commercial and Industrial District Boundaries or
Lot Lines
| |
|
Between 10:00 p.m.* and 6:00 a.m.
|
Between 6:00 a.m. and 10:00 p.m.*
| ||
|
20-75
|
63
|
71
|
73
|
|
76-150
|
53
|
64
|
66
|
|
151-300
|
47
|
58
|
60
|
|
301-600
|
41
|
53
|
55
|
|
601-1,200
|
37
|
49
|
52
|
|
1,201-2,400
|
35
|
47
|
50
|
|
2,401-4,800
|
33
|
46
|
48
|
|
4,801-10,000
|
32
|
44
|
47
|
|
*Note: Sunday through Thursday is 10:00 p.m., Friday and Saturday
is 11:00 p.m.
| |||
(2)
Noise which is not smooth and continuous and is not radiated
between the hours of 12:00 a.m. (i.e., midnight) and 6:00 a.m. may
exceed the maximum levels listed above by the following number of
decibels:
|
Amount of Time in Any 1-Hour Period
|
Permissible Increase in Decibels*
|
|---|---|
|
Not more than 12 minutes
|
5
|
|
Not more than 3 minutes
|
10
|
|
Not more than 1 minute
|
15
|
|
*Applicable for only one increase
| |
(3)
The levels of all sound pressure testing shall be measured with
a sound level meter and an octave band analyzer that conforms to the
specifications published by the American Standards Association.
(4)
No physical vibration shall be perceptible without aid of instruments
at or beyond the lot lines with the exception of temporary construction
activity.
(5)
These limits on sound and vibration shall not apply in the following
cases.
(a)
Sirens and alarms for the purpose of alerting the general public
of an emergency or a practice drill.
(b)
Emergency work to provide electricity; water, or other public
utilities when the public health or safety are at risk.
(c)
Fireworks displays and public celebrations authorized by the
Township.
C.
Glare and Heat Control. Any operation producing intensive light,
glare, or heat shall be performed within an enclosed building or behind
a solid fence in such a manner as to be completely imperceptible from
any point beyond the boundary lines.
D.
Wastewater Management. In no case shall potentially hazardous effluent
or waste from any commercial or industrial operation be discharged.
Effluent must meet all standards specified by the Township and the
Pennsylvania Department of Environmental Protection.
E.
Solid Waste Management.
(1)
No storage of solid waste materials on the site shall be permitted
in excess of 10 days.
(2)
All solid waste materials awaiting transport shall be properly
screened and concealed from the view of all abutting properties. All
containers shall be air-tight, vermin-proof, and have adequate storage
capacity to accommodate existing and projected volumes of solid waste.
(3)
All solid waste management violations must be rectified within
a period of 24 hours.
(4)
Incineration for the purpose of reducing or disposing of liquid
or solid waste material must comply with the Berks County Solid Waste
Management Plan.
F.
Outdoor Storage Control.
(1)
No flammable or explosive liquids, solids, or gases shall be
stored in bulk above ground, except within receptacles which meet
all local, state, and federal guidelines and regulations. No more
than 1,000 gallons of fuel (combined total of all containers), which
is directly connected with engines, heating devices, or appliances
located and operated at the same site as the tanks or drums of fuel,
may be stored on-site (except in agricultural operations).
(2)
All storage facilities for fuel, raw materials, and products stored outdoors shall be enclosed by a security fence and planting screen adequate to conceal the storage facilities from the view of adjacent properties, subject to § 27-713.
(3)
No materials or waste shall be deposited on site in such form
or manner by which it can be transported off the site by natural causes
or forces.
(4)
No substance which has the potential to contaminate groundwater
or surface water shall be permitted to be stored outside unless the
owner can provide safeguards that are satisfactory to the Township
and the Pennsylvania Department of Environmental Protection.
G.
Utility Management and Control.
(1)
All commercial and industrial uses requiring energy in the form
of electric, diesel, gas, or oil shall comply with the most current
safety requirements recognized by the Pennsylvania Bureau of Labor
and Industry and shall be so constructed and installed so as to be
an integral part of the architectural features of the site.
(2)
Any utility which is deemed by the Board of Supervisors offensive
and unsightly shall be concealed by evergreen planting.
H.
Electromagnetic and Radioactive Radiation Control. All electromagnetic
radiation shall comply with the regulations of the Federal Communication
Commission (FCC), provided that no electromagnetic radiation which
interferes with radio or television reception or the operation of
other equipment beyond the lot lines shall be produced. No injurious
electromagnetic radiation or radioactive emission shall be produced,
and all radioactive emissions shall be in accordance with all pertinent
federal and state standards.
I.
Violations. Proprietors who have been cited for any violation(s)
subject to this Part shall be responsible for applicable costs incurred
by the Township through background investigations, legal proceedings,
retributions, and rectification measures.
[Ord. 2013-01, 2/11/2013]
1.
A permit shall be issued for the authorization of temporary structures
or uses necessary during construction or other special circumstances
of a discontinuing nature subject to the following requirements:
A.
The time period of the initial permit shall be one year and may be
renewed for three-month time periods up to and not exceeding one additional
year.
B.
The temporary structure(s) shall be removed completely within 30
days of the expiration of the permit without cost to the Township.
C.
Any temporary structure or storage container (example: PODS) shall
be located outside of the street right-of-way, intersection and or
driveway clear sight triangles, drainage swales, utility easements
and cannot create a visual obstruction for vehicles using the public
streets.
[Ord. 2013-01, 2/11/2013]
1.
Outdoor storage of any type shall not be permitted unless such storage
conforms to the normal functions and procedures conducted on the premises.
Outdoor storage of any type shall be prohibited if such storage is
deemed by the Board of Supervisors unsightly, malodorous, hazardous
to the environment, or potentially detrimental to the health and safety
of the adjacent property owners or the general public. The use and
location of such storage shall be in accordance with all pertinent
federal, state, and local codes.
2.
All exterior fuel shall be stored above ground in the Rural Conservation
(RC), Rural Residential (RR), Rural Suburban (RS) Zoning Districts,
except for fuels stored in approved underground containers. No more
than 1,000 gallons (combined total) of fuel may be present on-site
(except for agricultural purposes).
3.
Propane tank(s) utilized for residential purposes shall not exceed
1,000 gallons (combined total) and shall require a permit from the
State Fire Marshal. The use and location of the propane tanks shall
be in accordance with all pertinent federal, state, and local codes.
4.
Outdoor storage of man-made products shall be screened from view of public rights-of-way and adjacent residential uses. Screening shall be in accordance with § 27-713.
5.
Outdoor storage of recreational vehicles on residential lots. Recreational
vehicles including travel trailers and water craft shall not be parked
or stored on any residential property, except in a carport or enclosed
building or to the rear of the front-most wall of the dwelling where
screened from view from any neighboring residential property; provided,
however that such equipment may be parked anywhere on the residential
premises for a period not to exceed 48 hours during loading and unloading
activities. Further, recreational vehicles shall not be used for dwelling
purposes on a residential lot.
6.
No storage shall be permitted within the front yard of a residential
or commercial property, nor within 10 feet of a side or rear lot line.
[Ord. 2013-01, 2/11/2013]
When an unimproved lot abuts two improved lots on either side,
of the unimproved lot, with front yard dimensions less than those
required for the zoning district in which the unimproved lot is located,
the front yard required for the unimproved lot may be reduced to a
depth equal to the average of the two adjoining lots; provided, however,
that this provision shall only apply in such cases where the improved
lots in question are improved as of the time of the adoption of this
chapter, and the improvements are located within 100 feet of the unimproved
lot. For the purposes of this Part, an unimproved lot shall be the
same as a vacant lot, and an improved lot shall be one on which a
principal building is erected.
[Ord. 2013-01, 2/11/2013]
1.
Flag lots for new residential lots are permitted, subject to the
following development standards and conditions:
A.
Standards.
(1)
Flag lots shall only be permitted within residential developments
containing lots intended for single family detached dwelling units.
(2)
The applicant must demonstrate that all of the following site
conditions exist:
(a)
The tract of land cannot be subdivided to meet the minimum lot
width requirements of the applicable zoning district, or the tract
of land cannot be properly subdivided due to the presence of certain
physical characteristics of the site.
(b)
The tract of land represents the total contiguous land area
owned by the applicant.
(c)
The tract of land cannot be further subdivided in the future
without the construction of a public street as described under paragraph
.H.
(d)
The configuration of the proposed lot(s) will not limit the
potential for the future development of adjacent tracts.
(3)
No more than one flag lot shall be created in any residential
development of the parent tract, as said tract existed at the time
of adoption of the previous version of this chapter in 1999.
(4)
If the tract of land contains any residue or undeveloped land
area, the applicant shall provide the Township with a sketch plan
for further review and comment.
(5)
The access strip or stem of a flag lot shall be fee simple and extend to an existing public street. If required by the Township, a ten-foot buffer strip shall be provided along each side of the driveway within the access strip. The buffer strip shall be landscaped in accordance with § 27-713, Subsection 1.
(6)
Driveways shall be located, designed, and constructed in accordance
with all pertinent Township standards and specifications. Unless permitted
by the Board of Supervisors, common driveways shall be prohibited.
(7)
The width of the access strip or stem shall be a minimum of
50 feet. Additional width may be required by the Township in order
to overcome problems associated with slope, drainage, or sedimentation.
(8)
The fifty-foot access strip shall be designed to provide a suitable
right-of-way for a future public street. If additional lots are created,
or if additional lots utilize the access strip for ingress and egress
purposes, the fifty-foot access strip shall be improved to meet all
pertinent Township specifications for the construction of public streets.
(9)
The lot area for each flag lot shall meet or exceed the minimum
lot area requirements for the applicable zoning district. The area
of the access strip or stem shall not be utilized to compute the area
of the flag lot for calculating required minimum lot size for zoning.
(10)
The building setback lines for the flag lot shall meet the minimum
required setbacks as specified by the applicable zoning district.
The setback lines shall be established at the flag portion of the
proposed lot. The front yard depth or setback shall be measured from
the access strip (extended through the lot) and from the rear property
line of the lot between the proposed flag lot and public street. All
other setbacks shall meet the rear yard setback requirements.
(11)
Flag lots may not be further subdivided, or developed for any
other purpose.
2.
In the case of existing landlocked parcels, a new access strip may
be annexed to an existing landlocked parcel in order to provide fee
simple access to a public road. The width of the new access strip
shall be a minimum of 30 feet to provide for a ten-foot driveway and
two ten-foot buffer areas on each side of the driveway. A new access
strip to be annexed to an existing landlocked parcel would be permitted
by right and not require approval as a conditional use.
[Ord. 2013-01, 2/11/2013]
1.
Buffer Yards.
A.
Where district regulations require buffer yards, screening, or planting
strips, the applicant shall submit a landscape plan to the Township
for review and approval as part of the subdivision or land development
review and approval process.
C.
The type and density of planting shall adequately provide the screening
effect required.
E.
All plant materials shall be permanently maintained and any plant
material which does not live shall be replaced.
F.
Any portion of a site which is not utilized for buildings, accessory
structures, loading or parking spaces, aisles, sidewalks, or designated
storage areas shall be planted with an all season ground cover and
shall be landscaped according to an overall plan.
G.
All buffer yards shall be maintained and kept clean of debris, rubbish, weeds, and tall grass. Depending on the land use activity and intensity, the Township may require that a fence be installed within the buffer yard or along the internal portion of the buffer yard. The fence shall be consistent with the standards specified under § 27-715 of this chapter.
H.
Buffer yard plantings may incorporate earthen berms not exceeding
four feet in height.
I.
If the applicant can demonstrate that the existing conditions of
the site are such that the function of the screen or buffer is adequately
performed by the naturally existing vegetation, then no additional
planting shall be required for that portion for which the natural
vegetation is sufficient. A landscape plan may still be required to
provide for the maintenance of such natural areas, and the applicant
will still be required to replace such barrier in the event that the
plants die off to the extent that the screen or buffer function is
no longer fulfilled.
[Ord. 2013-01, 2/11/2013]
On every corner lot a yard equal in depth to the front yard
requirement of the zoning district in which the corner lot is located
shall be provided on each side of the lot which is adjacent to a street.
[Ord. 2013-01, 2/11/2013]
1.
Notwithstanding other provisions of this chapter, fences, walls,
and hedges may be permitted within and along the periphery of any
required yard subject to the following conditions.
A.
No fence, wall, or hedge is to be erected or planted within or encroaching
upon the street right-of-way.
B.
No fence or wall, except a security fence or decorative retaining
wall, shall exceed six feet in height. All proposed fences and walls
shall be designed and constructed in accordance with the specifications
of the Township Board of Supervisors or Zoning Officer. Walls in excess
of four feet shall be designed by a registered engineer to assure
structural stability.
C.
Barbed wire fencing is permitted solely for agricultural purposes.
D.
Security fences exceeding six feet in height shall only be permitted
for nonresidential land uses. The portions of security fences that
exceed six feet in height may also utilize barbed wire.
[Ord. 2013-01, 2/11/2013]
1.
Clear sight triangles shall be provided at all street intersections.
Within such triangles, nothing (except street signs, traffic lights
or signs, utility poles, and mail boxes), that impedes vision between
a height of 2 1/2 feet and 10 feet above the center line grades
of the intersecting streets shall be erected, placed, planted, or
allowed to grow. Such triangles shall be established from a distance
of 75 feet from the point of intersection of the center lines of the
intersecting streets, except that a clear sight triangle of 150 feet
shall be provided for all intersections with collector and arterial
highways.
2.
On every corner lot a yard equal in depth to the front yard requirement
of the zoning district in which the corner lot is located, shall be
provided on each portion of the lot which is adjacent to a street.
[Ord. 2013-01, 2/11/2013]
1.
The following projections shall be permitted into required yards
and shall not be considered in the determination of yard size or lot
coverage:
A.
Terraces, patios, or open porches, provided that such terraces, patios,
or open porches are open to the sky, are not closer than 10 feet to
side and rear property line or within the front building setback line
(except a lot line which is the projection of a common wall). An enclosed
porch or patio must meet minimum setback requirements. An enclosed
porch or patio is defined as a roofed structure.
B.
Open balconies or fire escapes and projecting architectural features
such as bay windows, cornices, eaves, roof overhangs, chimneys, and
window sills, provided that all such features shall project no more
than five feet into any required yard, and shall not be located closer
than six feet to any lot line (except lot lines which are the projection
of common walls).
C.
Uncovered stairs and landings, provided such stairs or landings do
not exceed three feet six inches in height, do not project more than
five feet into any required yard, and are not located closer than
six feet to any lot line (except lot lines which are the projection
of common walls).
[Ord. 2013-01, 2/11/2013]
On any lot on which a principal building existed at the effective
date of this chapter, any accessory building to such existing principal
building which is constructed after the effective date of this chapter
does not have to be set back further from any street right-of-way
or lot line than that principal building.
[Ord. 2013-01, 2/11/2013]
1.
The following height exceptions shall apply to all zoning districts:
A.
The building height limitations contained within this chapter shall
not apply to chimneys, spires, belfries, cupolas, farm buildings,
silos, greenhouse ventilators, water tanks, and other similar appurtenances
usually required to be placed above the roof level, provided that
they are not intended for human occupancy.
B.
The projection of the structures which are specified under paragraph
.A of this section may be increased by one-foot for each foot by which
the width of each front yard, side yard, and rear yard is increased
beyond the minimum front, side, and rear yard requirements, up to
a maximum of 50 feet. In no case shall height of the structure, or
the building in combination with a structure, be greater than the
distance to the closest lot line.
C.
Accessory buildings or structures for agricultural and horticultural
uses shall be exempt from the building height and open area requirements
specified in this chapter. The height of the accessory building or
structure above its base shall be less than the shortest distance
from such base to any lot line.
D.
The height exceptions specified in this chapter shall be consistent
with the development standards specified under the Airport Zoning
Act, 74 Pa.C.S.A. § 5911 et seq., and by the Pennsylvania
Department of Transportation, Bureau of Aviation.
[Ord. 2013-01, 2/11/2013]
1.
Swimming pools are defined as provided for in § 27-202 of this chapter. Such swimming pools may be entirely or partially above ground. Swimming pools shall be classified as a residential accessory use. The following standards provided below shall supplement those standards provided in § 27-702 of this chapter:
A.
The pool, filters, pumps, and other mechanical and structural equipment
shall not be permitted within the front yard setback, the side yard
setbacks, or within 10 feet of the rear lot line.
B.
Any floodlighting or other illumination used in conjunction with
the pool shall be shielded and directed away from adjacent properties.
C.
The pool shall be completely enclosed by a fence or wall not less
than four feet in height. If the enclosure is a fence, the vertical
and horizontal interfaces shall be no more than two inches apart.
All gates shall be equipped with locks.
D.
Above ground pools over four feet in height do not need to be enclosed
by a fence or wall, but the ladders serving the pool shall be locked
in an inaccessible position at least four feet above the ground or
removed and locked up elsewhere.
[Ord. 2013-01, 2/11/2013]
1.
Outdoor lighting shall be required for all uses where necessary to
provide for public safety and personal security during hours of darkness
where there is public assembly and traverse, including but not limited
to the following uses: multi-family residential, commercial, industrial,
public-recreational and institutional. The glare-control requirements
contained herein shall apply to lighting in all of the above-mentioned
uses as well as, but not limited to, signs, architectural lighting,
landscaping lighting, and residential lighting.
A.
When the property on which any activity is conducted is illuminated
at night, such illumination shall be so designed and located that
the light sources are shielded from adjoining residences and streets.
B.
No direct beams of light shall be directed toward adjacent properties
or toward public roads, except from street lights intended for the
lighting of streets, the location of which have been approved by the
Township and the appropriate utility company.
C.
No lighting shall be utilized in such a manner to produce a light
intensity greater than 0.1 foot-candle beyond the lot boundaries when
the adjacent land is included within a residential zoning district.
D.
Light Fixture Design.
(1)
Fixtures shall be of a type and design appropriate to the specific
lighting application.
(2)
For horizontal lighting tasks such as roadway, sidewalks, entrances
and parking areas, fixtures shall meet IESNA "full cutoff" criteria
(no light output emitted above 90° at any lateral angle around
the fixture).
(3)
The use of floodlighting, spotlighting, wall-mounted fixtures,
decorative globes and spheres and other fixtures not meeting IESNA
"full cutoff" criteria, shall be permitted only with the approval
of the Township Board of Supervisors, based upon applicability in
retaining the rural character of the Township and achievement of acceptable
glare control.
(4)
Where requested by the Township, all fixtures shall be equipped
with or be modified to incorporate light directing and/or shielding
devices such as shields, visors, starts or hoods to redirect offending
light distribution and/or reduce direct or reflected flare.
(5)
For residential applications, omnidirectional fixtures (i.e.,
post top, wall bracket, wall pack, globe and sphere) shall be rendered
"full cutoff" or their cumulative light output per fixture limited
to that of a 40 watt incandescent bulb.
(6)
NEMA-head fixtures (a.k.a "barn lights" or "dusk-to-dawn lights")
shall not be permitted where they are visible from other uses, unless
fitted with a reflector to render then full cutoff.
(7)
Except as specifically approved by the Township, fixtures meeting
IESNA "full cutoff" criteria shall not be mounted in excess of 20
feet above finished grade and fixtures not meeting IESNA "full cutoff"
criteria shall not be mounted in excess of 16 feet above grade. In
both cases artificial elevation of the grade at the base of the light
fixture shall be prohibited.
(8)
Poles supporting lighting fixtures for the illumination of parking
areas and located directly behind parking spaces, shall be placed
a minimum of four feet outside the paved area, or on a concrete pedestal
at least 30 inches in height above the pavement, or suitable protected
from potential vehicular impact by other approved means.
(9)
Service station and other canopy lighting shall be accomplished
by using flat-lens full cutoff down lighting fixtures, shielded in
such a manner that the edge of the fixture shield shall be level with
or below the light source envelope.
(10)
The use of white strobe lighting for tall structures such as
smokestack, chimneys and radio/communication/television towers is
prohibited, except as otherwise required under Federal Aviation Administration
regulations.
E.
Control of Glare:
(1)
All outdoor lighting, whether or not required by this chapter,
on residential, commercial, industrial, municipal, recreational or
institutional property; shall be aimed, located, designed, fitted
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse and so as not to create
a nuisance by projecting or reflecting objectionable light onto a
neighboring use or property.
(2)
All outdoor lighting fixtures shall be shielded in such a manner
that the edge of the shield shall be level with or below the light
source, so that direct light emitted above the horizontal is eliminated.
(3)
Floodlights and spotlights shall be so installed or aimed that
they do not project their output into the windows of neighboring residences,
adjacent uses, skyward or onto a public highway.
(4)
Unless otherwise permitted by the Township (e.g., for safety
or security or all-night operations) lighting for commercial, industrial
public recreational and institutional applications shall be controlled
by automatic switching devices such as time clocks or combination
motion detectors and photo cells, to permit extinguishing outdoor
lighting between 11:00 p.m. and dawn, to mitigate glare and sky-lighting
consequences.
(5)
Lighting proposed for use after 11:00 p.m., or after the normal
hours of operation, shall be reduced by 75% from then to dawn, unless
supporting a specific purpose and approved by the Township.
(6)
Vegetative screens shall not be employed to serve as the primary
means for controlling glare. Rather, glare control shall be achieved
primarily through the use of such means as full cutoff fixtures, shields
and appropriate application of fixture mounting height, wattage, aiming
angle and fixture placement.
F.
General Street Lighting. The Township shall designate where street lighting shall be provided for public roads in accordance with the Subdivision and Land Development Ordinance of Douglass Township [Chapter 22].
G.
Sports/Recreation Lighting. The nighttime illumination of outdoor
recreational facilities for such aerial sports as baseball, basketball,
soccer, tennis, track and field, and football typically necessitate
higher than normally allowed fixture mounting heights and aiming angles,
utilize very high-wattage lamps and potentially produce unacceptable
levels of light trespass and glare when located near residential properties.
Permission to illuminate such facilities shall be granted only when
the Township is satisfied that the health, safety and welfare rights
of nearby property owners and the municipality as a whole have been
properly protected. When recreational uses are specifically permitted
by the Township for operation during hours of darkness, the following
requirements shall apply.
(1)
Recreational venues that necessitate the horizontal or near
horizontal projection of illumination, shall not be permitted to be
artificially illuminated.
(2)
Recreational facilities for basketball, baseball, football,
soccer, miniature golf, tennis or track shall not be illuminated if
located within 300 feet of a property containing a residential use.
(3)
Sporting events shall be timed to end at such time that all
lighting in the sports facility, other than lighting for safe exit
or patrons, shall be extinguished by 11:00 p.m., regardless of such
occurrences as extra innings or overtimes unless special written approval
has been secured from the Board of Supervisors.
(4)
Maximum mounting heights for recreational lighting shall be
in accordance with the following:
(5)
When recreational facility lighting is proposed, lighting levels
shall be in accordance with IESNA Recommended Practices:
(6)
To assist the Township in determining whether the potential
impacts of proposed lighting have been suitable managed, land development
plans or applications for illuminating recreational facilities shall
be accompanied by a visual impact plan addressing:
(a)
Plan views showing a layout of the recreational facilities and
showing pole locations and the location of residences on adjoining
properties.
(b)
Elevations containing pole and fixture mounting heights, horizontal
and vertical aiming angles and fixture arrays for each pole location.
(c)
Elevations containing initial vertical illumination plots at
the boundary of the site, taken at a height of five feet line-of-sight.
(d)
A narrative describing the measures proposed to achieve minimum
off-site disturbance.
[Ord. 2013-01, 2/11/2013]
1.
Paved off-street loading and unloading spaces, with proper access
from a street, common driveway, or alley, shall be provided on any
lot on which a building for trade or business is hereafter erected
or substantially altered. All such areas for the loading and unloading
of vehicles, and for the servicing of establishments or shops by refuse
collection, fuel and other service vehicles, shall be of such size,
design and arrangement that they may be used without blocking or otherwise
interfering with the use of automobile accessways, parking facilities
or pedestrian ways. All loading areas shall be paved. Loading areas
shall not be located within required front yards and shall not be
located within 10 feet of any side or rear lot line.
2.
All such spaces shall have dimensions not less than 12 feet by 45
feet with a clearance of not less than 14 feet. Spaces required shall
be as determined by the developer of the facility and shall be located
exclusive of any public right-of-way or required parking area. The
Township Planning Commission and/or the Board of Supervisors, at their
discretion, may require the developer to provide documentation to
demonstrate that the proposed number of loading spaces is adequate
for the use being developed.
[Ord. 2013-01, 2/11/2013]
2.
Standards.
A.
Each parking space shall be not less than 10 feet by 20 feet. In
addition, appropriate driveways, aisles, and maneuvering space shall
be provided to permit safe and convenient access to and use of the
area provided for parking purposes. Proper access from a street, alley,
or driveway shall be provided.
B.
Off-street parking spaces shall be located on the same lot as the
use served.
C.
All off-street parking spaces designated for single family residential
units shall be located behind the street right-of-way line. For single-family
detached and semi-detached residences only, areas upon the driveway
may count toward the fulfillment of the parking requirement; provided,
that it is not a shared driveway; and, further provided, that such
areas meet the dimensional and gradient criteria for parking spaces
established by this Part.
D.
Joint parking facilities for two or more uses may be established,
provided that the number of spaces provided is not less than the sum
of the spaces required for each individual use.
E.
All parking spaces and accessways, other than those relating to a
single-family dwelling, shall be illuminated during night hours of
use. The illumination must be designed and located so that the light
sources are shielded from adjoining residences and public and private
streets.
F.
All common parking areas and access drives shall be paved. They shall
have marked parking spaces, shall be graded to provide convenient
vehicular access and proper drainage, and shall be maintained in usable
condition. The maximum grade of areas used for parking shall not exceed
5%, and the maximum grade of access drives shall not exceed 10%. Surface
water shall not be concentrated onto public sidewalks or other premises.
G.
The Board of Supervisors may permit a gravel or stone off street
parking area at the request of the applicant if, in the opinion of
the Township, a paved parking area is unnecessary due to infrequency
of use or is inappropriate due to the nature of the use. As part of
the request, the applicant shall submit a Stormwater Management Plan,
a grading plan, and an erosion and sedimentation pollution control
plan to the Township Engineer for review and comment.
H.
No areas necessary to fulfill the off-street parking requirements
of this chapter shall be used for the sale, storage, repair, dismantling,
or servicing of vehicles.
I.
Off-street parking facilities existing at the effective date of this
chapter shall not be subsequently reduced to an amount less than that
required under this chapter for a similar new building or use.
J.
The width of aisles in parking areas shall be no less than listed
in the following table:
|
Minimum Required Aisle Width For:
| ||
|---|---|---|
|
Angle of Parking
|
One-way Traffic
|
Two-way Traffic
|
|
90 degrees
|
20 feet
|
24 feet
|
|
60 degrees
|
18 feet
|
N/A
|
|
45 degrees
|
15 feet
|
N/A
|
|
30 degrees
|
12 feet
|
N/A
|
K.
When the required number of parking spaces is computed and a fraction
of a parking space results, any fraction below one-quarter may be
disregarded and any fraction over one-quarter shall necessitate the
provision of a full parking space.
L.
The design of parking areas for all uses shall be such to prevent
the backing of vehicles onto a public street.
M.
Where parking requirements are determined by the number of seats
and no permanent seats are provided, only temporary seats, the number
of parking spaces to be provided shall be based upon the capacity
for temporary seats in normal usage.
N.
Parking areas shall be arranged so that no portion of any vehicles
parked within a designated parking space can extend over any property
line of the lot on which it is parked.
O.
Parking areas for nonresidential uses which are designed to contain more than three vehicles shall be screened from the view of persons on any land zoned RC, RR, or RS which is adjacent to the land on which the nonresidential parking area is located subject to § 27-713.
P.
Parking areas and access drives for nonresidential uses shall be located a minimum of 10 feet from a lot line and street right-of-way line, and the area between the parking area and the lot line or street right-of-way line shall be landscaped in accordance with the standards specified under § 27-713, Subsection 1, "Buffer Yards."
Q.
Nonconforming Parking Areas. No structural alterations and/or expansions
to any building shall be permitted unless the plans for such change
shall provide for bringing the entire property into conformance with
all of the provisions of this Part as if an application were being
made for a permit to erect or construct all of the existing and proposed
buildings and structures on undeveloped ground.
R.
The parking of tractor trailers, recreational vehicles (RVs), campers,
boats, and other similar vehicles shall not be permitted on any public
street or within any required front yard.
3.
Requirements.
A.
Minimum off-street parking requirement shall be as follows:
(1)
Residential uses-two parking spaces per dwelling unit plus one
space for every five dwelling units in an apartment, townhouse or
mobile home development to provide for guest parking.
(3)
Restaurant, tavern, and similar uses where table service is
provided: 15 spaces per 1,000 square feet of gross floor area.
(4)
Restaurant where no table service is provided (e.g., drive-in
or fast food restaurant): 20 spaces per 1,000 square feet of gross
floor area.
(5)
Retail and service establishments: one space for each 200 square
feet of gross floor area.
(6)
Office buildings: one space for each 350 square feet of gross
floor area.
(7)
Motel, hotel, tourist home, and similar establishments: one
space for each rental unit, plus one space for each five rental units
to accommodate employee parking.
(8)
Medical, dental, and paramedical offices and clinics: 3.5 spaces
per 1,000 square feet of gross floor area.
(9)
Nursing home, convalescent home, or home for the aging: one
space per unit available for occupancy.
(10)
Hospital: one space per every two beds plus one space per doctor:
one space per facility vehicle and 0.9 space per employee on largest
shift.
(11)
Funeral home: nine spaces per 1,000 square feet occupied by
viewing rooms, plus one space per employee.
(12)
Roadside farm stand: not less than five spaces.
(13)
Bowling alley: five spaces per alley.
(14)
Auditorium, gymnasium, theater, municipal building, place of
worship, club or lodge, cafeteria utilized for public assemblage,
or other place of public assemblage: one space per every three seat
or for areas without seating 12 spaces per 1,000 square feet of area
in principal assembly room(s).
(15)
Library or museum: one space per 350 square feet of gross floor
area.
(16)
Nursery schools and day care centers: one space per 350 square
feet of gross floor area. Applicants for these uses must demonstrate
that there is adequate room for vehicles to drop off and pick up children
safely.
(17)
Elementary and junior high schools: three spaces per 1,000 square feet of classroom area. Refer to Subsection 3A(15) for additional requirements.
(18)
High schools: 10 spaces per 1,000 square feet of classroom area. Refer to Subsection 3A(15) for additional requirements.
(19)
Skating rink, swimming pools, dance hall, indoor recreational
establishment: one space per 50 square feet devoted to patron use.
(20)
Health club or spa: one space per 200 square feet of gross floor
area.
(21)
Motor vehicle service station or repair garage: two parking
spaces per service bay.
(22)
Self-storage facility: one space per three units available for
lease.
B.
For any building or use not covered above, or for any combination
of uses set forth above, the Zoning Officer shall apply the standard
for off street parking spaces in the above schedule deemed to most
closely approximate the proposed building or land use activity.
[Ord. 2013-01, 2/11/2013]
1.
The following standards and specifications shall apply to driveways:
A.
Driveways shall be provided for each property upon which a building
is located.
B.
Driveways serving single-family residential dwelling units shall
not exceed 15% in grade.
C.
Driveways serving multi-family residential dwelling units and nonresidential
developments shall not exceed 10% in grade and shall be paved.
D.
All driveways shall be located, designed, and constructed in accordance with the standards for driveways specified in the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
E.
A driveway occupancy permit, issued by the Township, shall be required
for all proposed driveways entering onto a Township road. A highway
occupancy permit, issued by the Pennsylvania Department of Transportation,
shall be required for all proposed driveways entering onto a state
road.
[Ord. 2013-01, 2/11/2013]
1.
All areas for off-street parking, off-street unloading and loading,
and the storage or movement of motor vehicles shall be physically
separated from the public street or highway by a raised curb, planting
strip, or other suitable barrier against unchanneled motor vehicle
entrance or exit, except for necessary accessways or access roads
that supply ingress to and egress from such facilities.
2.
Each use with less than 100 feet of frontage on a public street shall
have not more than one accessway to each such street. No use with
100 feet or more frontage on a public street shall have more than
two accessways to any one street for each 300 feet of frontage. Where
practicable, movement into and out of off-street parking areas shall
avoid direct access to or from an arterial street or major collector
street.
3.
Where there is more than one driveway to a parking area, the driveways,
whenever possible, shall be limited to one-way travel either as an
entrance to or an exit from the parking area. The width of such entrances
and exits, measured at the street line, shall be as follows.
|
Minimum Width
|
Maximum Width
| |
|---|---|---|
|
One-way traffic
|
12 feet
|
26 feet
|
|
Two-way traffic
|
24 feet
|
36 feet
|
4.
In all cases, the radius of the edge of the driveway apron shall
be at least 15 feet and no more than 50 feet.
5.
The location and width of exit and entrance driveways shall be planned
so as not to interfere with the use of adjacent property and with
pedestrian and vehicular traffic on adjacent streets. The center line
of the access driveway on to or from any public street shall be located
at least 75 feet from the intersection of any street lines.
[Ord. 2013-01, 2/11/2013]
1.
Purpose and Application.
A.
The purposes of the regulations contained under this Part are to
promote and to maintain overall community beautification; to establish
reasonable time, place, and manner regulations on the exercise of
free speech; to promote traffic safety; and to promote appropriate
and efficient use of land.
B.
Signs existing at the date of enactment of this chapter and which
do not conform to the requirements of this chapter shall be considered
nonconforming signs. Once a nonconforming sign is removed, it may
be replaced only with a conforming sign. Nonconforming signs may be
repaired or repainted provided that the modifications do not exceed
the dimensions of the existing sign.
2.
Area Standards.
A.
The area of a sign shall be construed to include all lettering, wording,
and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed, but not including
any supporting framework and bracing which are incidental to the display
itself.
B.
The area of a sign, painted upon or applied to a building, shall
be considered to include all lettering, wording, and accompanying
designs or symbols together with any backing associated with the sign.
C.
Where the sign consists of individual letters or symbols attached
to or painted on a surface, building, wall, or window, the area shall
be considered to be that of the smallest rectangle or other shape
which encompasses all of the letters and symbols.
D.
Where a sign is a structure with two identical faces arranged such
that the faces are not visible simultaneously (such as signs designed
to be visible to traffic approaching from opposite directions), the
sign area limits of this Part shall be applied to only one such face
and not the total area of both faces.
3.
Permitted Signs; All Zoning Districts. These signs are permitted
in all Zoning Districts and are subject to the following standards,
provisions, and specifications.
A.
Official traffic control signs, and other official, federal, state,
county, or Township government signs.
B.
Temporary noncommercial signs, such as signs announcing a political
election or vote, or a campaign, drive, or event of a civic, philanthropic,
educational, or religious organization, provided such sign shall not
exceed six square feet in area and shall be removed within seven days
of the completion of the campaign, drive, event, or political election
or vote. Such signs shall not be erected earlier than one month prior
to an election or an applicable noncommercial campaign, drive, or
event.
[Amended by Ord. No. 2017-01, 6/12/2017]
C.
Business signs offering the sale or rental of the premises upon which
the sign is erected; provided, that the area of any such sign shall
not exceed six square feet and not more than one such sign shall be
placed on the property unless such property fronts on more than one
street, in which case one sign may be erected on each street frontage.
D.
Temporary signs of contractors, developers, architects, engineers,
builders, and artisans, erected and maintained on the premises where
the work is being performed; provided, that the area of such sign
shall not exceed 12 square feet; and, provided, that such sign shall
be removed upon completion of the work.
E.
Trespassing signs; signs indicating the private nature of a road,
driveway, or premises; and signs controlling fishing or hunting on
the premises, provided that the area of any such sign shall not exceed
two square feet.
F.
Signs erected for a commercial purpose that direct patrons or members
of an audience to temporary exhibits, shows or events, provided that
such sign shall not exceed six square feet and shall be removed within
seven days after the date of the exhibit, show, or event. Such signs
shall not be posted earlier than two weeks before the date of the
exhibit, show or event.
[Amended by Ord. No. 2017-01, 6/12/2017]
G.
Signs expressing the opinion of the owners or occupants of the property
on which signs are placed, provided that no such sign shall be "lewd,
vulgar, indecent or obscene" or shall cause threat to the health or
safety of the public, no such sign shall exceed 10 square feet, and
not more than one such sign shall be erected on any one street frontage.
Matter shall be considered "lewd, vulgar, indecent, or obscene" if,
to the average person, applying contemporary community standards,
the dominant theme taken as a whole appeals to prurient interest,
if it is utterly without redeeming social importance, and if it is
characterized by patent offensiveness or if it is hardcore pornography.
[Amended by Ord. No. 2017-01, 6/12/2017]
4.
Permitted Signs; Residential Districts. The following signs are permitted
within the Rural Conservation (RC), Rural Residential (RR), Rural
Suburban (RS) Zoning Districts.
A.
Home occupation or name sign displaying the name and address of the
occupant or the profession or activity of the occupant of a dwelling,
provided that not more than one such sign shall be erected for each
permitted use or dwelling, the area of such sign shall not exceed
two square feet, such sign shall be fixed flat on the main wall of
such building or may be erected in the front yard, but not within
10 feet of the cartway.
B.
Sign, bulletin, announcement board, or identification sign for schools,
churches, clubs, multi-family dwellings, or other principal uses and
buildings other than dwellings on the same lot therewith for the purpose
of displaying the name of the institution and its activities or services,
provided that the area of any such sign shall not exceed 12 square
feet and not more than one such sign shall be erected on any one street
frontage.
C.
Signs offering the sale of farm products, nursery products, or livestock
produced or raised on the premises, provided that the area of any
such sign shall not exceed 12 square feet and not more than one such
sign shall be erected on any one street frontage.
D.
Signs denoting membership in agricultural associations, cooperatives,
or indicating specialization in a particular breed of livestock or
in a particular hybrid or strain of plant, provided that such sign
is limited to six square feet and not more than one sign per 10 feet
of road frontage.
5.
Permitted Signs; Multi-family Developments. The following signs are
permitted in multi-family developments.
A.
Free-standing temporary real estate signs for advertising the sale
or rental of the premises upon which the sign is erected; provided,
that the total area of any one side of the sign does not exceed 32
square feet, that there shall be no more than one such sign on each
street frontage, and that no sign shall be erected so as to stand
higher than one of the buildings it advertises. For the purposes of
this chapter, multi-family dwelling premises shall not be advertised
by temporary real estate signs for more than 12 months after building
construction is completed.
B.
Directional signs, not to exceed two square feet each, erected within
the project itself to direct persons to a sales or rental office or
sample apartment.
C.
Permanent identifying signs for the purpose of indicating the name
of the multi-family project and for the purpose of identifying the
individual buildings within the projects. Not more than one sign for
each entrance to the project from a public street to identify the
name of the project shall be permitted and no such sign shall exceed
10 square feet in size. Signs to identify the individual buildings
within the project shall not exceed two square feet in size.
6.
Permitted Signs; Commercial and Industrial Districts and for Nonresidential
Uses in Residential Districts. The following signs are permitted within
the Village Commercial (VC), Highway Commercial (HC), Limited Industrial
(LI) and General Industrial (GI) Zoning Districts, as well as nonresidential
uses in residential districts:
A.
Business or industrial wall or freestanding signs on the same lot
as the use to which it relates, provided that the total area of such
signs shall be limited to two square feet for each lineal foot of
horizontal building facade length, but not to exceed an aggregate
area of 160 square feet. No more than two freestanding sign structures
shall be permitted per lot.
B.
Special temporary promotional devices, signs, or displays, such as
banners or pennants. Where such signs are outside of a building, they
shall remain on display for a period not to exceed 30 consecutive
days.
C.
Off-site advertising signs may be erected and maintained within the
Highway Commercial (HC), Limited Industrial (LI), and General Industrial
(GI) Zoning Districts in areas that immediately adjoin the Benjamin
Franklin Highway for an area of 150 feet from the edge of the cartway
of said road. In addition the following standards and specifications
shall apply.
(1)
All off-site advertising signs shall have a maximum display
area of 300 square feet per sign face with a maximum width of 25 feet,
inclusive of any border, and shall have no more than one in each direction.
(2)
Two sign faces may be utilized only in the back-to-back arrangement
in which case they shall be parallel and directly opposite sign faces
oriented in opposite directions located not more than 15 feet apart.
(3)
All off-site advertising signs shall be constructed on a steel
unipole support meeting the industry-wide standards and shall be designed
and certified as being of sound construction quality by a registered
and certified professional engineer whose signature and seal shall
appear on the face of said plan along with said certification.
(4)
All off-site advertising signs shall conform to the building
height restrictions of the district controlling the location of the
structure. The height shall be measured from the bed of the street,
road, highway, or alley to the highest part of the sign or supporting
structure.
(5)
No off-site advertising sign shall be erected within 1,000 feet
of any other advertising sign on the same side of any street, road,
highway, or alley.
(6)
No off-site advertising sign shall be erected closer than 20
feet to the cartway, or as specified by the Pennsylvania Department
of Transportation.
(7)
All off-site advertising signs shall be maintained in good and
safe structural condition. The painted portion of all off-site advertising
signs shall be kept in good condition.
(8)
All newly erected off-site advertising signs shall conform to
all applicable federal, state, and local laws, rules, and regulations.
(10)
Off-site advertising signs may be illuminated provided that
the lighting shall be arranged in a manner which shall protect neighboring
properties and streets or roadways from direct glare, beams, or rays
and shall not be of such intensity or brilliance to cause impairment
of the vision of any driver or operator of any vehicle nor create
hazardous interference of any kind.
(11)
No off-site advertising signs shall be erected within 150 feet
of any intersection of any public roadway with the Benjamin Franklin
Highway, and no off-site advertising sign shall be erected or placed
in any manner so as to interfere with or impede the unobstructed vision
of a motor vehicle operator attempting to enter on or exit from any
intersection with a public or private roadway, or any driveway or
parking facility adjacent to the Benjamin Franklin Highway.
(12)
No off-site advertising sign shall be erected or maintained
without the owner thereof having first obtained a permit from the
Township, which shall be issued by the Zoning Officer or other party
designated by the Board of Supervisors, only upon receipt of a written
application completed in duplicate, signed by the applicant and accompanied
by five copies of a plan of the property or tract of land, prepared
to scale, depicting dimensional limits of the sign face, the perimeter
boundaries as taken from the deed for said tract, identifying the
current owner of the tract, all adjacent owners, the location and
dimensions of the Benjamin Franklin Highway in relation to the tract,
the next closest intersecting public roadways and any driveways or
parking areas within 150 feet of the site, the proposed location of
the sign area to be transferred in fee or controlled by lease, and
any and all easements or utility installations affecting such site
and accompanied by five copies of a plan of the sign prepared to scale
depicting the supporting structure and the specifications of the materials
and methods of construction and maintenance to be employed, signed
and certified by a registered licensed professional engineer.
(13)
Permit applications shall be reviewed by the Zoning Officer
and the Township Engineer for compliance with this chapter and, upon
approval by both, a permit shall be issued to remain in effect for
a period of three years from the date of issuance of the permit, subject
to renewal for additional three-year intervals upon written re-application
and presentation of documentation.
(14)
Permit applications shall be accompanied by a check or cash
in full satisfaction of an initial application fee to be established
by resolution of the Board of Supervisors.
7.
Supplementary Sign Regulations. The following supplementary sign
regulations shall apply to all zoning districts in the Township.
A.
Projection. No sign shall project more than 12 inches from the building
facade to which it is attached. No freestanding sign may project beyond
the lot line or beyond a street right-of-way.
B.
Height. No sign that is a part of or is supported by a building shall
be erected upon the roof of such building, nor shall such sign extend
above the height of the building. Freestanding signs shall meet the
height requirements of the particular district in which they are located.
C.
Clearance. No sign structure erected directly upon the ground shall
have less than three feet of clear space between such sign and the
ground; however, necessary supports may extend through such open space.
D.
Illumination. Illuminated signs, when permitted by this chapter,
will be subject to the following regulations:
(1)
Externally illuminated signs shall be lighted by fixtures designed,
fitted and aimed to limit the light pattern to the sign or billboard
and not beyond and so as not to project their output into the windows
of neighboring residences or to cause glare to adjoining properties
or roads.
(2)
The maximum initial illumination on the face of an externally
illuminated sign or billboard face shall not exceed 30 vertical footcandles
with maximum to minimum uniformity ration not to exceed 6:1.
(3)
Signs and billboards containing rotating, animated, traveling,
pulsing or oscillating light sources, lasers, beacons or strobe lighting
shall not be permitted.
(4)
Signs and billboards using LED light sources, with the exception
of time/weather messages, shall not change messages at an interval
of less than eight seconds.
(5)
Such signs and billboards, when illuminated both day and night,
shall have their brightness automatically reduced commensurate with
nighttime ambient brightness.
(6)
Illuminated signs along state highways shall meet all applicable
state statutes and requirements in addition to applicable Township
zoning requirements.
(7)
Douglass Township reserves the right to conduct a post-installation
inspection of signs and billboards and to require the reduction of
brightness when it determines that the brightness creates a hazard
to drivers or pedestrians, creates a nuisance or is otherwise judged
to be excessive.
(8)
The lighting or relighting of signs shall require a Sign Permit,
which shall be granted only after the Township is satisfied that excessive
illumination, light pollution, glare and light trespass have been
adequately mitigated.
E.
Placement. No signs shall be permitted which are posted, stapled,
or otherwise permanently attached to public utility poles or trees
within a street right-of-way. No portion of any freestanding sign,
temporary or permanent, shall be located within the street right-of-way
or five feet of any side lot line.
F.
Construction. All signs, except temporary signs, shall be constructed
of durable material and kept in good condition and repair. Any sign
which is allowed to become dilapidated may, after 30 days notification,
be removed by the Township at the expense of the owner or lessee of
the property on which it is located.
[Ord. 2013-01, 2/11/2013]
1.
Purpose and Application.
A.
The Township Planning Commission or Board of Supervisors may identify
areas of the Township which are considered hazardous or contaminated.
These areas could endanger the public health, safety, or welfare by
presenting potential hazards to life, health, or property if development
occurs in the vicinity of such hazardous areas. Such areas may include,
but are not necessarily limited to, mine holes; quarries; sinkholes;
waterways; areas of naturally occurring physical features; areas of
naturally occurring minerals or chemicals; areas containing hazardous,
contaminated, or toxic waste; waste disposal areas; and/or waste storage
areas.
B.
Hazardous areas may be identified on the Official Zoning Map for
the Township. Such identification may, but need not, include a drawing
prepared by or under the direction of a registered land surveyor showing
the limits of-the hazard. In any event, the identification of the
hazardous area shall be sufficiently precise to allow for enforcement
of this Part.
C.
The hazardous areas shall continue to be considered as such until,
after recommendation by the appropriate state, federal, or county
agency, the Township Supervisors determine that the hazards have been
eliminated or adequate safeguards against such hazards have been provided.
2.
Standards.
A.
Except as noted, no occupied building or well shall be located within
500 feet of an identified hazardous area.
B.
An occupied building or well may be located within 500 feet of an
identified hazardous area provided that a sufficient number of excavations,
borings, and/or groundwater tests have been conducted within the area
in order to determine conclusively that the soil, geology, and/or
groundwater conditions are not hazardous to the occupant(s). The accuracy
of all test results and/or conclusions shall be certified by a qualified
professional.
C.
All wells located within 500 feet of the hazardous area shall be
retested every two years by a certified laboratory to determine if
the water is potable. All costs incurred for the sampling and laboratory
analysis shall be incurred by the property owner.
[Ord. 2013-01, 2/11/2013]
The restrictions of this chapter shall not apply to any existing
or proposed building or extension thereof used by any public utility
corporation, if upon petition of the corporation, the Public Utility
Commission shall, after a public hearing, decide that the present
or proposed situation of the building in question is reasonably necessary
for the convenience or welfare of the public.
[Ord. 2013-01, 2/11/2013]
1.
Campgrounds are permitted by conditional use in the School District
(SD) and by special exception within the Rural Residential (RR), Rural
Suburban (RS), Village Commercial (VC) Zoning Districts. If a conditional
use is granted by the Board of Supervisors, or a special exception
is granted by the Zoning Hearing Board, then the applicant shall be
subject to the following conditions.
2.
Campground Permitting.
A.
A campground, as defined in Part 2 of this chapter, shall be permitted only as provided for in the district regulations.
B.
The establishment or expansion of a campground shall require the submission and approval of a land development plan in accordance with the provisions of the Douglass Township Subdivision and Land Development Ordinance, as amended [Chapter 22]. Such plan shall demonstrate the compliance of the proposed park (or park expansion) with the terms of this Part.
C.
Not more than two recreational vehicles may be stored out of doors
on any lot, except within an approved campground or upon a lot where
such vehicles are offered for sale and such sale is an approved use
of the said lot.
D.
No lot which currently accommodates two or more recreational vehicles
such that they may be used as temporary living quarters shall be permitted
to accommodate additional recreational vehicles thereupon unless that
lot has been approved for use as a campground and has been designed
for such use in accordance with the provisions of this chapter.
3.
Campground Permitted Uses. Tracts developed for use as a campground
shall include sites improved for the use of tents or recreational
vehicles as temporary living quarters, designed in accordance with
the provisions of this chapter, and a PADEP approved means of sanitary
sewage disposal. The following auxiliary uses, and no others, may
be included on the same tract as an integral part of the campground.
A.
Social areas and recreational facilities for the exclusive use of
campground residents and their guests.
B.
One retail store for the convenience of campground residents and
their guests provided that the total gross floor area of the store
shall not exceed 1,500 square feet.
C.
Eating and drinking establishment(s) and/or refreshment stand(s),
vending machine(s), provided that the total gross floor area of all
such facilities within the campground shall not exceed 1,500 square
feet.
D.
Laundry facilities, which shall be restricted to use by campground
residents and their guests.
E.
A bathhouse including showers and toilets, which shall be restricted
to use by campground residents and their guests. When a bathhouse
is provided, it shall include separate facilities for men and women.
F.
Not more than one permanent single family dwelling, which shall be
occupied by the owner or caretaker of the campground. No other permanent
structures accommodating residential units shall be permitted within
the campground.
G.
An area for the storage of recreational vehicles when not in use
and not stored upon a campsite, provided that such area shall not
occupy more than 5% of the total area of the campground. The area
for storage of recreation vehicles shall be screened by a buffer yard
from view of abutting properties and public roads.
H.
Administrative offices for the campground.
4.
Campground Prohibited Uses.
A.
No public address system of general use is permitted. A public address
system for emergency purposes only shall be permitted.
B.
Open burning is not permitted. Fires within the park are permitted
only within a permanent fireplace or grill or within a portable grill
unit for cooking purposes, or within a fire circle.
C.
Permanent placement of recreational vehicles.
[Ord. 2013-01, 2/11/2013; as amended by Ord. 2013-05, 10/14/2013,
§ 1]
1.
Multi-family developments containing townhouses and apartments are permitted by special exception in the Rural Suburban Residential (RS) Zoning District, and in the RR District by conditional use approval and upon receipt of TDR's in accordance with § 27-804, Subsection 1D. If a special exception is granted by the Zoning Hearing Board, the following conditions shall also apply:
A.
The minimum amount of land in the development shall be 10 acres.
B.
The development shall be served by public or community sewage disposal
and water supply facilities.
C.
The overall density of the development shall not exceed three dwelling
units per acre for townhouses and four units per acre for apartments.
D.
The maximum building height shall be 35 feet.
E.
A minimum of 30% of the gross area of the development shall be set
aside as common open space. No more than 50% of the common open space
shall be located on lands within the Environmental Protection Overlay
District [Part 5]. The common open space shall be planned as a contiguous
area located and designed for the maximum benefit for all residents
within the development. The common open space areas shall be suitable
for the designated purpose and contain no structure or parking facility
except as related to and incidental to open space uses. Common open
space areas may be reserved for private use or dedicated to the Township
if acceptable to the Township. For land which is not dedicated to
the Township, written agreements satisfactory to and approved by the
Township shall be made for the perpetual preservation and maintenance
of the undedicated common open space areas.
F.
A system for pedestrian circulation throughout the development shall
be provided.
G.
The maximum length of an apartment building shall be 150 feet.
H.
The number of townhouses, or other units in combination with townhouses,
shall not exceed six contiguous residential dwelling units.
I.
No apartment building or townhouse shall be located within 50 feet
of any property line of the development.
J.
The horizontal distance between groups of multi-family structures
shall be a minimum of 60 feet between the closest structural points.
K.
No townhouse shall be located within 30 feet of any street right-of-way
line.
L.
The minimum width of a townhouse shall be 24 feet.
M.
No apartment building shall be located within 50 feet of any street
right-of-way line.
N.
No more than 20% of the total area of the development shall be covered
by buildings.
O.
No more than 30% of the total area of the development shall be covered
by impervious surfaces.
[Ord. 2013-01, 2/11/2013]
1.
Single-family semi-detached developments are permitted as a conditional
use in the Rural Suburban Residential (RS) and Village Commercial
(VC) Zoning Districts. If permitted, the following conditions shall
also apply:
A.
Single-family semi-detached developments shall comply with the minimum
and maximum dimensional requirements specified below. All minimum
and maximum dimensional requirements shall be imposed on each individual
dwelling unit.
|
Individual On-Lot Sewage Disposal and Water Supply
|
With Municipal, Public, or Community Sewerage and Municipal
or Public Water Supply
| |
|---|---|---|
|
Minimum Regulations
| ||
|
Lot area/unit
|
1/2 acre
|
15,000 square feet
|
|
Lot width/unit
|
80 feet
|
80 feet
|
|
Building setback/unit
|
30 feet
|
30 feet
|
|
Rear yard/unit
|
20 feet
|
20 feet
|
|
Side yard/one side
|
10 feet
|
10 feet
|
|
Parkland/unit*
|
0.029 acres
|
0.029 acres
|
|
Maximum Regulations
| ||
|
Building height/unit
|
35 feet
|
35 feet
|
|
Lot coverage/unit
|
40%
|
40%
|
|
Woodland extraction
|
30%
|
30%
|
|
* Compliance with the minimum parkland per unit requirement
may be achieved through payment of fee-in-lieu of contribution as
established by resolution by the Board of Supervisors.
| ||
B.
In addition to these standards and specifications, all proposed developments
containing single-family semi-detached dwellings shall be designed
and constructed in accordance with all pertinent Township ordinances.
[Ord. 2013-01, 2/11/2013]
1.
Two-family detached developments are permitted by special exception
in the Rural Suburban Residential (RS) and Village Commercial (VC)
Zoning Districts. If a special exception is granted the following
conditions shall also apply.
A.
Two-family detached developments shall comply with the dimensional
requirements specified below:
|
Individual On-Lot Sewage Disposal and Water Supply
|
Public Sewerage and Public Water Supply
| |
|---|---|---|
|
Minimum Regulations
| ||
|
Lot area/unit
|
1/2 acre
|
15,000 square feet
|
|
Lot width/unit
|
80 feet
|
80 feet
|
|
Building setback/unit
|
30 feet
|
30 feet
|
|
Rear yard/unit
|
20 feet
|
20 feet
|
|
Side yard/one side
|
10 feet
|
10 feet
|
|
Parkland/unit*
|
0.029 acres
|
0.029 acres
|
|
Maximum Regulations
| ||
|
Building height/unit
|
35 feet
|
35 feet
|
|
Lot coverage/unit
|
40%
|
40%
|
|
Woodland extraction
|
30%
|
30%
|
|
*Compliance with the minimum parkland per unit requirement may
be achieved through payment of fee-in-lieu of contribution as established
by resolution by the Board of Supervisors.
| ||
B.
In addition to these standards and specifications, all proposed two-family
detached developments shall be designed and constructed in accordance
with all pertinent Township ordinances.
[Ord. 2013-01, 2/11/2013]
1.
Tourist, bed and breakfast, rooming houses, group homes, and boarding
houses are permitted by special exception in the Rural Conservation
(RC), Rural Residential (RR), Rural Suburban Residential (RS), Village
Commercial (VC), and Highway Commercial (HC) Zoning Districts. If
a special exception is granted the following conditions shall also
apply:
A.
Tourist, Bed and Breakfast, Rooming House Regulations.
(1)
A tourist, bed and breakfast, rooming house, or boarding house
shall be permitted only in a single-family detached dwelling and shall
be owner-occupied and on a single lot of record.
(2)
A tourist, bed and breakfast, rooming house, or boarding house
shall not have more than five rental units and shall not house more
than 10 adult guests.
(3)
Each house shall contain complete washing and bathing facilities
and a central kitchen with complete cooking facilities. No cooking
facilities of any kind shall be permitted in any rental unit.
(4)
A minimum of one off-street parking space shall be required
for each rental unit, in addition to the two spaces required for the
dwelling.
(5)
The applicant shall provide documentation to the Board of Supervisors
that all plumbing, heating, electrical, sanitary sewer, storm sewer,
and similar facilities comply with all applicable ordinances and regulations.
(6)
Off-street parking areas shall be landscape screened around
the periphery of the parking area.
(7)
Refuse areas shall be completely fence enclosed and shall be
landscaped screened. Refuse areas shall not be located within the
front or side yard areas.
(8)
A tourist, bed and breakfast, rooming house, or boarding house
shall provide bathroom facilities in accordance with the following
minimum requirements:
(9)
The application for special exception where the property is
proposed to be served by an on-lot sewage system, shall be accompanied
by a certification from the Township Sewage Enforcement Officer (SEO)
that the existing sewage system can accommodate the maximum usage
envisioned by the proposed use. If the property is to be served by
public sewers, the applicant shall submit documentation from the Township
that the public system has adequate capacity to serve the proposed
use.
(10)
If the property is not connected to a public water supply system,
a certificate issued by a licensed testing laboratory, which certifies
that the drinking water serving the residence is potable, shall be
submitted with the special exception application.
(11)
A tourist, bed and breakfast, rooming house, or boarding house
shall require an occupancy permit issued by the Zoning Officer prior
to the opening of the facility.
(12)
A tourist, bed and breakfast, rooming house, or boarding house
shall be limited to one sign which shall not exceed three square feet
in area. The design of the sign shall be submitted as part of the
application for the special exception.
(13)
A special exception for a tourist, bed and breakfast, rooming
house, or boarding house shall only be granted to an individual or
individuals who own the property.
B.
Group Home Regulations.
(1)
Group home facilities are hereby deemed as a type of residential
use and not as an institutional use. The following regulations have
been adopted in the interest of protecting the residents of such facilities,
to assure the residential character of the structure and the surrounding
neighborhood, and to prevent other types of facilities (specifically
nonvoluntary and penal living arrangements) which are likely to be
disruptive to the residential character of a neighborhood from being
classified as group homes.
(2)
All group homes shall hold a valid license, specifically as
a group home, from the Commonwealth of Pennsylvania and shall meet
all current regulations, including those standards governing indoor
space and applicable state and local building and fire safety codes.
(3)
The individual or organization owning and/or operating the group
home shall provide to the Township evidence of its financial stability.
(4)
There shall be no more than one kitchen or cooking facility.
Meals shall be served to occupants and visitors only. No separate
cooking facilities are permitted for any occupant.
(5)
No group home shall be located within 400 feet of any other
group home.
(6)
Facilities which house persons who are likely to pose a physical
threat to the community may not be deemed "group homes" under the
provisions of this chapter. Such persons include, but are not limited
to, individuals who have potentially violent behavioral disorders
or who have been convicted of violent crimes.
(7)
There shall be no more than six residents.
(8)
There shall be twenty-four-hour resident supervision by people
qualified by training and experience in the field for which the group
home is intended.
(9)
Any medical or counseling services provided shall be done so
only to residents.
(10)
One off-street parking space shall be provided for each resident
supervisor, each additional employee per shift, and every two residents.
(11)
Off-street parking areas shall be landscape screened around
the periphery of the parking area.
(12)
Refuse areas shall be completely fenced enclosed and provided
with a landscape screen. Refuse area may not be located within the
front or side yard areas.
(13)
The application for special exception where the property is
proposed to be served by an on-lot sewage system, shall be accompanied
by a certification from the Township Sewage Enforcement Officer (SEO)
that the existing sewage system can accommodate the maximum usage
envisioned by the proposed use. If the property is to be served by
public sewers, the applicant shall submit documentation from the Township
that the public system has adequate capacity to serve the proposed
use.
(14)
If the property is not connected to a public water supply system,
a certificate issued by a licensed testing laboratory, which certifies
that the drinking water serving the residence is potable, shall be
submitted with the special exception application.
(15)
A group home shall require an occupancy permit issued by the
Zoning Officer prior to the opening of the facility.
[Ord. 2013-01, 2/11/2013]
1.
Mobile homes may be erected in lieu of a single-family detached home on any conforming lot in any zoning district where single-family detached homes are permitted by right, in compliance with the following regulations, the minimum yard requirements of the applicable zoning district, and regulations within the Douglass Township Subdivision and Land Development Ordinance [Chapter 22]. Mobile homes may also be erected within a mobile home park pursuant to the following regulations and the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
3.
Mobile Home Park Regulations. Mobile home parks are permitted in the GI General Industrial District as a use by special exception. Mobile home parks shall be designed and constructed in conformance with the standards and requirements of the mobile home requirements set forth in the Subdivision and Land Development Ordinance [Chapter 22, Part 8].
[Ord. 2013-01, 2/11/2013]
1.
Junk/salvage yards are permitted by special exception in the Limited
Industrial (LI) and General Industrial (GI) Zoning Districts. If a
special exception is granted by the Zoning Hearing Board, the following
conditions shall apply:
A.
All junk/salvage yards shall be enclosed with a fence a minimum of
six feet in height with gates. Gates shall be securely locked except
during business hours when an adult attendant is on the premises.
B.
No, operation, activity, use, or occupation of any type for the junk/salvage
yard shall be carried on within 100 feet of any property line or within
100 feet of any street.
C.
A fifty-foot wide buffer yard consisting of three staggered rows of evergreen trees shall completely surround all areas used for the storage of junk/salvage material. The selected evergreens [§ 27-713, Subsection 3] shall have a minimum height of eight feet and shall be staggered on ten-foot centers. Rows shall be located a minimum of five feet from the property line and separated by 10 feet. The buffer yard may be placed within the one-hundred-foot setback requires by paragraph .B above. The buffer yard shall sufficiently be planted with a landscaped strip sufficient to block casual observation of all stored junk/salvage material and fencing from adjacent streets and by adjacent property owners. No materials of any nature shall be stored within this buffer yard. The buffer yard shall meet all pertinent standards specified under § 27-713, Subsection 1.
D.
All junk/salvage shall be stored and arranged so as to permit access
by firefighting equipment and to prevent accumulation of stagnant
water. No materials of any nature shall be piled to a height of more
than six feet from the ground.
E.
All liquids shall be drained from any junk or scrapped automobiles.
Liquids in an amount not exceeding 10 gallons may be stored above
ground in approved containers. The total volume of volatile liquid
(including all petroleum products) which is kept on the premises shall
not exceed 1,000 gallons, and shall be stored above ground in a manner
approved by the Pennsylvania Department of Environmental Protection,
Underwriter Laboratories, or the State Fire Marshal.
2.
No organic waste shall be permitted to be stored on any junk/salvage
yard.
[Ord. 2013-01, 2/11/2013]
1.
Solid waste disposal facilities, including landfills and resource recovery facilities, are permitted by special exception in the Limited Industrial (LI) and General Industrial (GI) Zoning Districts. If a special exception is granted, then the applicant is subject to all conditions, standards, and controls listed under Subsection 2, "Solid Waste Landfills," and Subsection 3, "Resource Recovery Facilities."
2.
Solid Waste Landfills.
A.
For the purposes of this chapter, a "solid waste landfill" shall
be defined as follows:
A site on which engineering principles are utilized to bury
deposits of solid waste without creating public health or safety hazards,
nuisances, pollution, or environmental degradation.
B.
If a special exception is granted, then the applicant is subject
to all conditions, standards, and controls listed below:
(1)
The landfill shall be owned and operated solely by the Township
or a municipal authority by and on behalf of the Township.
(2)
The minimum lot area shall be 50 acres.
(3)
The construction and operation of a sanitary landfill shall
not be permitted unless a permit for such landfill has been issued
by the Pennsylvania Department of Environmental Protection (DEP) and
the landfill is constructed and operated in full compliance with the
statutes of the Commonwealth of Pennsylvania and the rules and regulations
of DEP.
(4)
A solid waste landfill operation shall be under the direction
at all times of a responsible individual who is qualified by experience
or training to operate a landfill.
(5)
Burning of solid waste is prohibited at a landfill. Suitable
measures shall be taken to prevent fires by means and devices mutually
agreeable to DEP and the Township.
(6)
Gaseous and particulate emission from the landfill site shall
conform to the prevailing federal, state, and local air pollution
control codes and regulations.
(7)
Direct access shall be taken from an arterial or collector highway.
No more than one access road shall be constructed to the entrance
of the landfill. The access road shall be an all-weather paved surface
road negotiable by and capable of supporting loaded solid waste collection
vehicles. All existing public roads shall be kept mud free.
(8)
A tire cleaning area shall be provided on-site. All tires of
all trucks leaving the landfill shall be cleaned. Runoff from the
tire cleaning area shall be controlled and disposed of in accordance
with all pertinent federal, state, and Township standards.
(9)
An equipment cleaning area shall be provided on-site. All equipment
used to grade and compact solid waste at the landfill shall be cleaned
daily. Runoff from the equipment cleaning area shall be controlled
and disposed of in accordance with all pertinent federal, state, and
Township standards.
(10)
Access to the site shall be limited to those posted times when
an attendant is on duty. Unloading of waste shall be continuously
supervised. In order to protect against indiscriminate and unauthorized
dumping, every solid waste landfill shall be protected by locked barricades,
fences, gates, or other positive means designed to deny access to
the area at unauthorized times and locations. Such barricade, fence,
or gate shall be at least six feet high and shall be kept in good
repair and neatly painted in a uniform color.
(11)
No site activity shall be permitted on Sundays or legal holidays.
Dumping shall be permitted only between the hours of 7:30 a.m. and
5:30 p.m. No vehicles shall be staged or parked at the entrance or
access road of the landfill prior to 6:30 a.m. Overnight parking shall
be prohibited.
(12)
Measures shall be provided to control dust and debris. The entire
area shall be kept clean and orderly. The perimeter of the landfill
shall be inspected for debris on a daily basis.
(13)
Hazardous, contaminated, and toxic materials including, but
not limited to, highly flammable materials, explosives, pathological
wastes, and radioactive materials, shall not be disposed of in a solid
waste landfill.
(14)
The disposal of sewage liquids and solids and other liquids
shall be specifically prohibited in a solid waste landfill.
(15)
Salvaging of materials as permitted by law shall be conducted
by the operator only and shall The organized so that it will not interfere
with prompt sanitary disposal of waste or create unsightly conditions
or health hazards. The storage of salvage shall be controlled in a
manner that will not permit the inhabitation or reproduction of deleterious
vectors.
(16)
The entire site, including the fill surface, shall be graded
and provided with drainage facilities to minimize runoff onto and
into the fill, to prevent erosion or washing of the fill, to drain
off rainwater falling onto-the fill, and to prevent the collection
of standing water. The operator shall comply with the requirements
of 25 Pa. Code, Chapters 75 and 102, and applicable Township ordinances
so that there is no adverse off site impact from the drainage of surface
water. Cracks in, depressions in, and/or erosion of cover shall be
repaired daily.
(17)
Operation of any solid waste landfill shall at all times be
in full compliance with the Pennsylvania Clean Streams Law, as amended,
35 P.S. § 691.1 et seq.
(18)
An operation permit shall be obtained on an annual basis on
or before June 1.
(19)
A final inspection of the entire site shall be made by DEP and
the Township and their authorized representative to determine compliance
with approved plans and specifications before the earthmoving equipment
is removed from the site. Any necessary corrective work shall be performed
before the solid waste landfill project is accepted as completed.
Arrangements shall be made for the repair of all cracked, eroded,
and uneven areas in the final cover during the first two years following
completion of the solid waste landfill. The landfill shall issue financial
security in a form that is acceptable to the Township to ensure that
all corrective work is completed.
(20)
The initial application for a solid waste landfill shall be
accompanied by an impact study. Such study shall, as a minimum, address
the likely impact of the proposed facility upon groundwater resources,
traffic in the immediate area, road maintenance requirements, and
the general quality of life in the neighborhood. Where a negative
impact is determined for any parameter, the study shall recommend
mitigating measures. The study shall also include a plan for the reuse
of the land. The study shall be submitted to the Township Board of
Supervisors at the time of securing a permit for a landfill operated
by the municipal authority and shall be reviewed by the Township Engineer
and such other advisory personnel as the Township may deem appropriate.
The plan shall be in compliance with the prevailing zoning at time
of application.
(21)
Maximum active dumping area shall be three acres. Continued
operation of the landfill shall be subject to compliance with all
state and Township regulations pertaining to landfill.
(22)
No operation, activity, use, or occupation of any type for the
landfill shall be carried on within 100 feet of any property line
or within 100 feet of any street right-of-way. In addition, a landfill
shall not be located within 300 feet of any residential zoning district
or occupied residential dwelling unit.
(23)
The storage of fuel to be used on the landfill site shall be
in accordance with all applicable federal, state, and Township regulations.
(24)
A chain link fence with a minimum height of 15 feet shall be
erected along all boundary lines of the area which is approved for
operational use as a sanitary landfill by the DEP. The fence shall
not contain openings greater than four square inches and shall contain,
at all entrances, gates which are locked except during operating hours.
(25)
A fifty-foot wide buffer yard, consisting of three staggered rows of evergreen trees shall completely surround all areas approved for operational use as a sanitary landfill by DEP. The buffer yard shall consist of a dense evergreen screen, and is to be located outside of the chain link fence required per Subsection 3B(24) above and maintained along all boundary lines of the landfill, except at the entrances. The selected evergreens (§ 27-713, Subsection 3) shall have a minimum height of six feet and shall be on ten-foot centers. Rows shall be located a minimum of five feet from the property line, with the second and third rows offset by 10 feet and the trees staggered. No materials of any nature shall be stored within this buffer yard. In addition, the buffer yard shall meet all pertinent standards specified under § 27-713, Subsection 1. A landscaping plan shall be submitted to the Township for review and approval.
(26)
The landfill shall contain an on-site scale, and all solid waste
material delivered to the site shall be weighed and recorded pursuant
to the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101
et seq. All weigh receipts shall be submitted to the Township on a
quarterly basis.
3.
Resource Recovery Facilities.
A.
COMPOSTING FACILITY
INCINERATOR
MUNICIPAL SOLID WASTE
RECYCLING FACILITY
REFUSE DERIVED FUEL (RDF) FACILITY
RESOURCE RECOVERY FACILITY
TRANSFER STATION
For the purposes of this chapter, the following terms shall be defined
as follows:
A facility for the composting of the organic matter in municipal
solid waste.
A facility designed to reduce municipal solid waste by combustion.
This use may or may not include heat exchange equipment for energy
recovery.
The unseparated and/or unprocessed combination of residential
and commercial solid waste materials generated in a municipality.
A business that accumulates material such as paper, glass,
aluminum, and/or plastic that is no longer useful for its intended
purpose. The materials are then sold to another business as a raw
material which can be used to manufacture a new product.
The extraction of materials from municipal solid waste for
recycling or for use as refuse derived fuel (RDF).
A facility or land that is used for any one or a combination
of the following or similar uses: composting, incineration, material
separation, recycling, or trash transfer. A resource recovery facility
shall be owned and operated by the Township or municipal authority
by and on behalf of the Township.
A facility where municipal solid waste is delivered for the
purpose of transferring the material into another container or vehicles
for transport to a final disposal site or processing facility. A transfer
station may include the separation and collection of material for
the purpose of recycling.
B.
If a special exception is granted to permit a resource recovery facility,
then the applicant is subject to all conditions, standards and controls
listed below:
(1)
The resource recovery facility shall be owned and operated solely
by the Township or a municipal authority by and on behalf of the Township.
(2)
The minimum lot size shall be 10 acres.
(3)
Parking areas shall be a minimum of 100 feet from any property
line.
(4)
Operation of a resource recovery facility shall at all times
be in full compliance with the statutes of the Commonwealth of Pennsylvania
and the rules and regulations of the Department of Environmental Protection
(DEP) and the provisions of this chapter.
(5)
Gaseous and particulate emission from the resource recovery
facility site shall conform to the prevailing federal, state, and
local air pollution control codes and regulations.
(6)
Direct access shall be taken from an arterial or collector highway.
No more than one access road shall be constructed to the entrance
of the resource recovery facility. The access road shall be an all-weather
paved surface road negotiable by and capable of supporting loaded
solid waste collection vehicles. All existing public roads shall be
kept mud free.
(7)
A tire cleaning area shall be provided on-site. All tires of
all trucks leaving the resource recovery facility shall be cleaned.
Runoff from the tire cleaning area shall be controlled and disposed
of in accordance with all pertinent federal, state, and Township standards.
(8)
An equipment cleaning area shall be provided on-site. All equipment
used to grade and compact solid waste at the resource recovery facility
shall be cleaned daily. Runoff from the equipment cleaning area shall
be controlled and disposed of in accordance with all pertinent federal,
state, and Township standards.
(9)
Access to the site shall be limited to those posted times when
an attendant is on duty. Unloading of waste shall be continuously
supervised. In order to protect against indiscriminate and unauthorized
dumping, every resource recovery facility shall be protected by locked
barricades, fences, gates or other positive means designed to deny
access to the area at unauthorized times or locations. Such barricade,
fence or gate shall be at least six feet high and shall be kept in
good repair and neatly painted in a uniform color.
(10)
No site activity shall be permitted on Sundays or legal holidays.
Dumping shall be permitted only between the hours of 7:30 a.m. and
5:30 p.m. No vehicles shall be staged or parked at entrance or access
road of the resource recovery facility prior to 6:30 a.m. Overnight
parking shall be prohibited.
(11)
Measures shall be provided to control dust and debris. The entire
area shall be kept clean and orderly. The perimeter of the resource
recovery facility shall be inspected for debris on a daily basis.
(12)
Hazardous, contaminated, and toxic materials, including, but
not limited to, highly flammable materials, explosives, pathological
wastes, and radioactive materials, shall not be disposed of at the
resource recovery facility.
(13)
The disposal of sewage liquids and solids and other liquids
shall be specifically prohibited at the resource recovery facility.
(14)
All parts of the process, unloading, handling, and storage of
municipal solid waste, shall occur within a building. However, certain
separated recyclable materials such as glass, aluminum, and other
metals may be stored outdoors. The storage of paper shall be within
a building. Any materials stored outdoors shall be properly screened
so as not to be visible from any adjacent streets or property. No
material shall be placed or deposited to a height greater than the
height of the fence or wall herein prescribed.
(15)
No municipal solid waste shall be stored at a resource recovery
facility for more than 72 hours.
(16)
A contingency plan for disposal of municipal solid waste during
a plant shutdown must be submitted to the municipality and approved
by the Board of Supervisors.
(17)
Waste from the resource recovery facility process (such as,
but not limited to, ash from an incinerator) shall be stored in such
a manner as to prevent it from being carried from the site by wind
or water. This process waste shall be located at least 200 feet from
any property line and stored in leak-proof containers. Such process
waste shall be disposed of in a sanitary resource recovery facility
approved by DEP or in another manner approved by DEP.
(18)
Solid waste landfill operations and open burning of any materials
are not permitted under this use.
(19)
No use shall emit noise in such quantity as to be audible beyond its lot lines. In addition, the environmental performance standards (§ 27-708) of this chapter shall be met.
(20)
An operational permit shall be renewed on an annual basis on
or before June 1.
(21)
No operation, activity, use, or occupation of any type for a
resource recovery facility shall be carried on within 200 feet of
any property line or within 200 feet of any street right-of-way. In
addition, a resource recovery facility shall not be located within
300 feet of any residential zoning district or occupied residential
dwelling unit.
(22)
A resource recovery facility shall be under the direction at
all times of a responsible individual who is qualified by experience
or training to operate such a facility.
(23)
The storage of fuel to be used at the resource recovery facility
site shall be in accordance with all applicable federal, state, and
Township regulations.
(24)
A chain link fence with a minimum height of 15 feet shall be
erected along all boundary lines of the area which is approved for
operational use as a resource recovery facility by DEP. The fence
shall not contain openings greater than four square inches and shall
contain, at all entrances, gates which are locked except during operating
hours.
(25)
A fifty-foot wide buffer yard, consisting of three staggered rows of evergreen trees shall completely surround all areas approved for operational use as a resource recovery facility by DEP. The buffer yard shall consist of a dense evergreen screen, and is to be located outside of the chain link fence required per § 27-736, Subsection 3B(24), above, and maintained along all boundary lines of the resource recovery facility, except at the entrances. The selected evergreens (§ 27-713, Subsection 3) shall have a minimum height of six feet and shall be on ten-foot centers. Rows shall be located a minimum of five feet from the property line, with the second and third rows offset by 10 feet and the trees staggered. No materials of any nature shall be stored within this buffer yard. In addition, the buffer yard shall meet all pertinent standards specified under § 27-713,, Subsection 1 of this chapter. A landscaping plan shall be submitted to the Board of Supervisors for review and approval.
(26)
The resource recovery facility shall contain an on-site scale,
and all solid waste material delivered to the site shall be weighed
and recorded pursuant to the Pennsylvania Solid Waste Management Act,
35 P.S. § 6018.101 et seq. All weigh receipts shall be submitted
to the Township on a quarterly basis.
[Ord. 2013-01, 2/11/2013; as amended by Ord. 2013-05, 10/14/2013,
§ 1]
1.
Adult business use and sexually oriented businesses are permitted
as a special exception in the Highway Commercial (HC) Zoning District.
Any adult business use and/or sexually oriented business are subject
to the following regulations:
2.
Adult business use and sexually oriented businesses require specific
regulations in order to protect and preserve the health, safety, morals,
and welfare of Township. Adult business uses and/or sexually oriented
businesses are frequently used for unlawful sexual activities, including
prostitution and sexual liaisons of a casual nature. The concern over
sexually transmitted diseases is a legitimate health concern which
demands reasonable regulation of adult business use and sexually oriented
businesses in order to protect the health and well-being of the citizens.
3.
There is evidence that adult business use and sexually oriented businesses,
because of their very nature, have a deleterious effect on both the
existing businesses around them and the surrounding residential areas
adjacent to them, causing increased crime and the downgrading of property
values. It is recognized that adult business uses and sexually oriented
businesses, due to their nature, have serious objectionable operational
characteristics, particularly when they are located in close proximity
to each other, thereby contributing to blight and downgrading the
quality of life in the adjacent area. The Township desires to minimize
and control these adverse effects and thereby protect the health,
safety, and welfare of the citizenry; protect the citizens from increased
crime; preserve the quality of life; preserve the property values
and character of surrounding neighborhoods and deter the spread of
blight. The Township has determined that locational criteria alone
do not adequately protect the health, safety, and general welfare
of the people and therefore establish reasonable and uniform regulations
to prevent the deleterious location and concentration of adult business
uses and sexually oriented businesses within the Township.
4.
ADULT BUSINESS USE
ADULT EMPLOYEE
ADULT ESCORT/ADULT ESCORT AGENCY
LICENSEE
SEXUALLY ORIENTED BUSINESS
SUBSTANTIAL ENLARGEMENT OF AN ADULT BUSINESS USE AND/OR SEXUALLY
ORIENTED BUSINESS
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT BUSINESS USE AND/OR
A SEXUALLY ORIENTED BUSINESS
(1)
(2)
(3)
Definitions. For the purposes
of this Part, the following terms shall be defined as follows:
Any facility that is required by state law to exclude minors
or may not knowingly disseminate services or products to minors, including,
but not limited to, an adult bookstore, adult entertainment, adult
mini-motion picture theater, adult motion picture theater, or adult-oriented
establishment, as those terms are defined by Pennsylvania statutes
at 68 Pa.C.S.A. § 5502, as amended.
A person who performs any service on the premises of an adult
business uses and sexually oriented business on a full-time, part-time,
or contract basis, whether or not the person is denominated an employee,
independent contractor, agent, or otherwise and whether or not said
person is paid a salary, wage, or other compensation by the operator
of said business. Adult employee does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment
on the premises, or for the delivery of goods to the premises.
A person or business association who furnishes, offers to
furnish, or advertises to furnish adult escorts, a person who, for
consideration, agrees or offers to act as a companion, guide, or date
for another person, or who agrees or offers to privately model lingerie
or to privately perform a striptease for another person, as one of
its primary business purposes for a fee, tip, or other consideration.
A person in whose name a license to operate an adult business
use and/or sexually oriented business has been issued, as well as
the individual listed as an applicant on the application for a license;
and in the case of an employee, a person in which name a license has
been issued authorizing employment in an adult business use and/or
sexually oriented business.
Is synonymous with adult business use and shall mean an adult
arcade, adult bookstore, adult novelty store, adult video store, adult
cabaret, adult motel, adult motion picture/video theater, adult theater,
escort agency, nude model studio, sexual encounter center, adult dancing
establishment and any other business establishment of a similar nature.
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the date this Part takes effect.
Includes any of the following:
The sale, lease, or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means.
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
5.
Classification.
A.
Adult business uses and/or sexually oriented businesses are classified
as follows:
6.
Locational Criteria.
A.
Adult business use and/or sexually oriented business is permitted
as a special exception in the Highway Commercial (HC) Zoning District.
B.
Adult business use and/or sexually oriented business is subject to
the five-hundred-foot separation distance from the following land
uses:
(1)
A church, synagogue, mosque, temple, or building which is used
primarily for religious worship and related religious activities.
(2)
A public or private educational facility including, but not
limited to, child day care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, vocational schools, secondary schools, continuation
schools, special education schools, junior colleges and universities;
school includes the school grounds.
(3)
A boundary of a residential district.
(4)
A public park or recreational area which has been designated
for park or recreational activities including, but not limited to,
a park, playground, nature trails, swimming pool, reservoir, athletic
field, basketball or tennis courts, pedestrian/bicycle paths, wilderness
areas, or other similar public land within the Township which is under
the control, operation, or management of the Township.
(5)
The property line of a lot devoted to a residential use.
(6)
An entertainment business which is oriented primarily towards
children or family entertainment.
(7)
A licensed premises, licensed pursuant to the alcoholic beverage
control regulations of the state.
C.
No adult business use and/or sexually oriented business may be operated,
established, or substantially enlarged if within 500 feet of another
adult business use and/or sexually oriented business.
D.
No adult business use and/or sexually oriented business may be operated,
established, or maintained if another adult business use and/or sexually
oriented business is within the same building, structure, or portion
thereof, nor increase the floor area of any adult business use and/or
sexually oriented business in any building, structure, or portion
thereof containing another adult business use and/or sexually oriented
business.
E.
For the purpose of Subsection 6B of this section, measurement shall
be made in a straight line, without regard to the intervening structures
or objects, from the nearest portion of the building or structure
used as the part of the premises where an adult business use and/or
sexually oriented business is conducted, to the nearest property line
of the premises of a use listed in Subsection 6B. Presence of a Township,
county, or other political subdivision boundary shall be irrelevant
for purposes of calculating and applying the distance requirements
of this Part.
F.
For purposes of Subsection 6C of this section, the distance between
any two adult business uses and/or sexually oriented businesses shall
be measured in a straight line, without regard to the intervening
structures or objects or political boundaries, from the closest exterior
wall of the structure in which each business is located.
G.
Any adult business use and/or sexually oriented business lawfully
operating at the time of adoption of this chapter, that is in violation
of Subsection 6A through F of this Part shall be deemed a nonconforming
use.
H.
An adult business use and/or sexually oriented business lawfully
operating as a conforming use is not rendered a nonconforming use.
7.
Hours of Operation. No adult business use and/or sexually oriented
business may remain open between the hours of 1:00 a.m. and 8:00 a.m.
on weekdays and Saturdays, and 1:00 a.m. and 12:00 a.m. on Sundays.
8.
Additional regulations pertaining to adult business uses and/or sexually
oriented businesses:
A.
License and Fee Required. A license is required for any and all person(s)
to establish, operate, and maintain an adult business use and/or sexually
oriented business. A valid license shall be issued by the Township
in accord with established Township resolution. A license shall only
be issued when the adult business use and/or sexually oriented business
is in accord with regulations of this Part. Every application for
an adult business use and/or sexually oriented business license shall
be accompanied by a fee established by Township resolution. Each license
shall expire one year from the date of issuance and may be renewed
only by making application.
B.
Inspection Required. An applicant for a license shall permit representatives
of the Township to inspect the premises of an adult business use and/or
sexually oriented business for the purposes of insuring compliance
with the regulations of this Part, at any time it is occupied or open
for business.
C.
Suspension of Use and/or Revocation.
(2)
The Township may revoke the license if it determines that:
(a)
A licensee gave false or misleading information in the material
submitted during the application process.
(b)
A licensee has knowingly allowed possession, use, or sale of
controlled substances on the premises.
(c)
A licensee has knowingly allowed prostitution on the premises.
(d)
A licensee knowingly operated an adult business use and/or sexually
oriented business during a period of time when the licensee's
license was suspended.
(e)
Except in the case of an adult motel, the licensee has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sex act to occur in or on the licensed premises.
(f)
A licensee is delinquent in payment to the Township or state
for any taxes or fees past due.
(g)
Conviction of the licensee, his employees, agents, or independent
contractors for any offense occurring on the licensed premises involving
or related to conditions and/or actions as identified in Township
resolution.
(3)
When the Township revokes a license, the revocation shall continue
for one year and the licensee shall not be issued an adult business
use and/or sexually oriented business license for one-year from the
date the revocation became effective. If, subsequent to revocation,
the Township finds that the basis for the revocation has been corrected
or abated, the applicant may be granted a license if at least 90 days
have elapsed since the date the revocation became effective.
(4)
After denial of an application, or denial of a renewal of an
application, or suspension or revocation of any license, the applicant
or licensee may seek prompt judicial review of such administrative
action in any court of competent jurisdiction. The administrative
action shall be promptly reviewed by the court.
D.
Transfer of License. A licensee shall not transfer his/her license
to another, nor shall a licensee operate an adult business use and/or
sexually oriented business under the authority of a license at any
place other than the address designated in the application.
E.
Regulations pertaining to exhibition of sexually explicit films,
videos, or live entertainment in viewing rooms; adult motels; escort
services; nude model studios; public nudity; adult dancing establishments;
and, adult massage parlors are established by Township resolution
in addition to regulations of this chapter.
[Ord. 2013-01, 2/11/2013]
1.
Shopping centers are permitted by conditional use in the Highway
Commercial (HC) Zoning District and shall be subject to all conditions
and standards specified below:
A.
Shopping centers shall consist of harmonious land uses, structures,
and services.
B.
Shopping centers shall be in single ownership or under a guaranteed
unified management control. The shopping center must have at least
one on-site manager or a designated individual whose office is located
at the shopping center or within a distance deemed reasonable and
appropriate by the Board of Supervisors. The owner shall provide the
Township with a complete list of on-site managers or designated individuals
on an annual basis. The list shall include the name, home address,
and telephone number of each on-site manager or each designated individual.
C.
Permitted uses shall include retail business establishments; personal
business establishments; business, professional, and banking offices;
restaurants, cafes, and similar uses; and accessory uses associated
with shopping centers. Adult business uses are specifically prohibited
in shopping centers.
D.
All means of ingress and egress shall be located at least 200 feet
from any other intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
(PennDOT) or the Township. The developer will also be responsible
for any pertinent traffic studies that may be required by the Township,
county, or PennDOT.
E.
Interior accessways shall be designed so as to prevent traffic congestion
at points of ingress and egress. Areas designated for the loading
or unloading of trucks and/or other commercial vehicles shall be planned
and arranged so they may be utilized without interfering with the
interior traffic circulation and parking facilities.
F.
Lighting for buildings, signs, accessways, and parking areas shall
be arranged so that they do not reflect towards any public street
or residential zoning districts.
G.
All principal buildings and structures for the shopping center shall
be located a minimum of 100 feet from any property line and a minimum
of 100 feet from any street right-of-way.
H.
Buffer Yards. The side and rear lot lines shall be screened by a buffer yard with a minimum depth of 25 feet. The buffer yard shall be comprised of two rows of plantings, the first row located a minimum of five feet from the lot line. The first row of trees are to be evergreens of a minimum height of six feet planted 10 feet on-center. The second row of trees shall be offset by 10 feet from the first row and the plantings staggered, and may contain a mixture of deciduous, ornamental as well as evergreen trees. The buffer yard shall be consistent with standards specified under § 27-713, Subsection 1, "Buffer Yards," of this chapter.
I.
Exterior storage areas for trash and rubbish shall be properly screened.
All containers shall be airtight, vermin proof, and have adequate
storage capacity to accommodate the projected volumes of solid waste.
No such storage area will be permitted within 30 feet from any lot
line.
K.
All proposed shopping centers shall conform to the area, yard and
height regulations that are specified in this chapter.
L.
All proposed shopping centers, including all expansions, additions, and revisions, are subject to the policies and provisions regarding land development specified in the Douglass Township Subdivision and Land Development Chapter [Chapter 22].
M.
Shopping centers shall be designed to have a hierarchy of interior
vehicular circulation, that is a primary interior collector road with
access to off street parking areas provided by the interior collector
road. No off street parking spaces may be accessible directly from
the interior collector road. Grade separated landscape islands shall
define the interior vehicular circulation system. Separate provisions
for pedestrian circulation shall be provided to all parking areas.
Sidewalk shall be provided along the entire frontage of all public
streets.
N.
Interior parking areas shall be landscaped at a rate of 20% of the
paved coverage. The landscaped areas shall be a minimum 200 square
feet and contain one street tree.
O.
Street trees shall be required and shall be planted 40 feet on center
along all street right-of-way and along all interior collector roads
of the shopping center.
P.
Out parcels of the shopping center shall obtain access by means of
the interior collector road system.
[Ord. 2013-01, 2/11/2013]
1.
Office/research parks are permitted by conditional use in the Highway Commercial (HC), Limited Industrial (LI), and General Industrial (GI) Zoning Districts. All proposed professional office/research parks shall be subject to all pertinent conditions and standards specified below and § 27-755 of this chapter:
A.
Office/research parks shall be designed as a single, unified facility
to foster harmonious land uses, structures, and services.
B.
Permitted uses include business, professional, and governmental offices;
laboratory and research facilities; and accessory uses associated
with such permitted principal uses.
C.
Retail business and service establishments are permitted provided
that they are designed and intended primarily to serve the employees
within the office/research park. These uses shall not exceed 5% of
the gross floor area of the office/research park.
D.
All means of ingress and egress shall be located at least 200 feet
from any other intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
(PennDOT) or Township. The developer will also be responsible for
any pertinent traffic studies that may be required by the Township,
county, or PennDOT.
E.
Interior accessways shall be designed so as to prevent traffic congestion
at points of ingress and egress. Areas designated for the loading
or unloading of trucks and other commercial vehicles shall be planned
and arranged so they may be utilized without interfering with the
interior traffic circulation and parking facilities.
F.
Lighting for buildings, signs, accessways, and parking areas shall
be arranged so that they do not reflect towards any public street
or residential zoning districts.
G.
All principal buildings and structures for the office/research park
shall be located a minimum of 100 feet from any property line and
a minimum of 100 feet from any street right-of-way.
H.
All lot lines shall be screened by a buffer yard with a minimum depth of 25 feet. The buffer yard shall be comprised of two rows of plantings, the first row located a minimum of five feet from the lot line. The first row of trees are to be evergreens of a minimum height of six feet planted 10 feet on-center. The second row of trees shall be offset by 10 feet from the first row and the plantings staggered, and may contain a mixture of deciduous, ornamental as well as evergreen trees. The buffer yard shall be consistent with standards specified under § 27-713, Subsection 1, "Buffer Yards," of this chapter.
I.
Exterior storage areas for trash and rubbish shall be properly screened.
All containers shall be airtight, vermin proof, and have adequate
storage capacity to accommodate the projected volumes of solid waste.
No such storage area will be permitted within 30 feet from any lot
line.
K.
All proposed office/research parks shall conform to the individual
area, yard, and height regulations that are specified in this chapter.
[Ord. 2013-01, 2/11/2013]
1.
Industrial parks are permitted by conditional use in the Limited
Industrial (LI) and General Industrial (GI) Zoning Districts and shall
be subject to all conditions and standards specified below:
A.
Industrial parks shall be designed as a single, unified facility
to foster harmonious land uses, structures, and services.
B.
Permitted uses shall include manufacturing activities; printing and
publishing facilities; warehouse facilities; wholesale and distribution
facilities; business, professional, and governmental offices; laboratory
and research facilities; and accessory uses associated with such permitted
principal uses.
C.
Retail business and service establishments are permitted provided
they are designed and intended primarily to serve the employees within
the industrial park. These uses shall not occupy more than 5% of the
gross floor area of the industrial park.
D.
All means of ingress and egress shall be located at least 200 feet
from any other intersecting street and shall be designed to accommodate
traffic in a safe and efficient manner. The developer shall be responsible
for the purchase and installation of any traffic control devices and
the construction of additional acceleration or deceleration lanes
as may be required by the Pennsylvania Department of Transportation
(PennDOT) or the Township. The developer will also be responsible
for any pertinent traffic studies that may be required by the Township,
county, or PennDOT.
E.
Interior accessways shall be designed so as to prevent traffic congestion
at points of ingress and egress. Areas designated for the loading
or unloading of trucks and other commercial vehicles shall be planned
and arranged so they may be utilized without interfering with the
interior traffic circulation and parking facilities.
F.
Lighting for buildings, signs, accessways, and parking areas shall
be arranged so that they do not reflect towards any public street
or residential zoning districts.
G.
All principal buildings and structures for the industrial park shall
be located a minimum of 100 feet from any property line and a minimum
of 100 feet from any street right-of-way.
H.
All lot lines shall be screened by a buffer yard with a minimum depth of 25 feet. The buffer yard shall be comprised of two rows of plantings, the first row located a minimum of five feet from the lot line. The first row of trees are to be evergreens of a minimum height of six feet planted 10 feet on-center. The second row of trees shall be offset by 10 feet from the first row with the trees staggered. The buffer yard shall be consistent with standards specified under § 27-713, Subsection 1, "Buffer Yards," of this chapter.
I.
Exterior storage areas for trash and rubbish shall be properly screened.
All containers shall be airtight, vermin proof, and have adequate
storage capacity to accommodate the projected volumes of solid waste.
No such storage area will be permitted within 50 feet from any lot
line.
K.
All proposed industrial parks shall conform to the individual area,
yard, and height regulations that are specified in this chapter.
L.
All proposed industrial parks, including all expansions, additions, and revisions, are subject to the policies and provisions regarding land development specified in the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
M.
Street trees shall be required and shall be planted 25 feet on center
along all street right-of-way and interior roads of the industrial
park.
[Ord. 2013-01, 2/11/2013]
1.
Quarrying/mining operations/extractive related industries are permitted
by special exception in the General Industrial (GI) Zoning District.
If a special exception is granted then the applicant is subject to
all conditions and standards specified below:
A.
Purpose. The purpose of this district is to provide appropriate areas
for reasonable mining and mineral extraction.
B.
General Regulations.
(1)
Lot Area. The lot area shall be a minimum of 100 acres, and
a lot width of not less than 500 feet at the building line shall be
provided for every building or other structure erected or used for
any use permitted in this district.
(2)
Building Area. No more than 40% of the lot area shall be occupied
by buildings.
(3)
Setbacks. Buildings, including accessory structures and the
outward edge, which is part of any mining or mineral extraction operation
within the Township, shall be set back from the property lines and
road frontages as follows:
(4)
Height Regulation. The maximum height of any building or structure
shall be 35 feet.
(5)
Parking. All off-street parking and loading areas shall be provided for in accordance with § 27-723. Overnight parking shall be prohibited.
(6)
Landscaping. A fifty-foot wide buffer yard shall completely surround all areas approved for operational use as a quarry or mine. The buffer yard shall consist of a dense evergreen screen, and is to be located and maintained along all boundary lines of the site, except at the entrances. The buffer yard landscaping is to consist of three rows of evergreen trees. The first row of trees shall be located a minimum of five feet from the lot line, with the second and third rows offset 10 feet and the plantings staggered. The selected evergreens (§ 27-713, Subsection 3) shall have a minimum height of six feet and shall be on ten-foot centers. No materials of any nature shall be stored within this buffer yard. In addition, the buffer yard shall meet all pertinent standards specified under § 27-713, Subsection 1, of this Part. A landscaping plan shall be submitted to the Board of Supervisors for review and approval.
(7)
Hours of Operation. No mining or mineral extraction operations
conducted in the Township shall commence operations of any machinery
utilized in said business, including motorized vehicles engaged in
the business, until 7:00 a.m. and all such operations shall cease
by 5:00 p.m., prevailing time, Monday through Friday only.
(8)
Exterior Storage. Any exterior storage of mining or mineral
extraction products of by-products shall comply with all recognized
fire standards and safety standards and shall be screened from view
from adjoining properties with the planting of an appropriate evergreen
screen.
(9)
Deliveries or Transport to and from the Site. No deliveries
to the location or transportation of product or by-product of the
mining or mineral extraction operations shall be conducted except
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday
only.
(10)
External Illumination. Any external illumination to be placed
on the site as part of or to assist in the mining or mineral extraction
operation shall be shielded from direct visual observation on any
adjoining property or along any adjacent roadway.
(11)
Signage and Retail Operations. No sale of any of the mine or
extracted materials or any other product or by-product of the mining
or mineral extraction operation may be sold on the premises where
the mining and/or mineral operation is conducted.
(12)
Site Access. Access to the site shall be limited to those posted
times when an attendant is on duty. In order to protect against indiscriminate
and unauthorized activities, the site shall be protected by locked
barricades, fences, gates, or other positive means designed to deny
access to the area at unauthorized times and locations. Such barricade,
fence, or gate shall be at least six feet high and shall be kept in
good repair.
(13)
Fence. A chain link fence with a minimum height of eight feet
shall be erected along all boundary lines of the area which is approved
for operational use as a quarry or mine. The fence shall not contain
openings greater than four square inches and shall contain, at all
entrances, gates which are locked except during operating hours. Warning
signs shall be placed on the fence at intervals of no more than 100
feet.
(14)
Dust and Debris. Measures shall be provided to control dust
and debris. The entire area shall be kept clean and orderly. The perimeter
of the site shall be inspected for debris on a daily basis.
(15)
Truck Access. Truck access shall be designed to minimize traffic
hazards and inconveniences. All interior roadways shall be maintained
and constructed by the operator. All trucks leaving the site shall
not deposit accumulating amounts of mining products, dirt, mud, or
other such substances on public roads.
(16)
Blasting. All blasting operations shall conform with the regulations
enforced by the aforesaid agencies of the Commonwealth of Pennsylvania
and the federal government. Blasting shall be permitted between the
hours of 10:00 a.m. and 5:00 p.m. Notice of all blasting operations
shall be given at least 24 hours prior to the commencement of blasting
to the Township and to the occupants of all properties within a radius
of 2,000 feet of the location of blasting. In addition, notice shall
be given to all sensitive business ventures requesting such notice.
(17)
Crushing and Processing. Crushing and processing operations
of the minerals, rock, and other products of the earth mined on the
premises shall be permitted so long as the physical or chemical properties
of same are not changed and so long as such crushing or processing
operations do not involve the manufacture of cement or concrete, asphalt
materials and products, or any other form of manufacturing or fabrication.
(18)
Permits and Licenses. All requirements of federal, state, and
municipal statutes, ordinances, and regulations pertaining to the
operation of quarrying, mining operations, and extractive related
industries shall be complied with. A copy of all permits and licenses
shall be filed with the Township.
C.
Smoke Control.
(1)
No smoke shall be emitted from any chimney or other source visible
gray greater than No. 1 on the Ringelmann Chart as published by the
United States Bureau of Mines.
(2)
Smoke of a shade not darker than No. 2 on the Ringelmann Smoke
Chart may be emitted for not more than four minutes in any 30 minutes.
(3)
These provisions, applicable to visible gray smoke, shall also
apply to visible smoke of a different color but with an equivalent
apparent opacity.
D.
Emission Control.
(1)
No emission shall be made which can cause any damage to health,
animals, or vegetation or other form of property or which can cause
any excessive soiling at any point.
(2)
No emission of liquid or solid particles from any chimney or
otherwise shall exceed 0.3 grain per cubic foot of the covering gas
at any point.
(3)
No emission shall be made that isolates the National Ambient
Air Quality Standards defined by the Environmental Protection Association's
Office of Air Quality Planning and Standards (OAQPS) pursuant to the
Clean Air Act, 42 U.S.C. § 7401 et seq.
(4)
For measurement of the amount of particles in gases resulting
from combustion, standard correction shall be applied to a stack temperature
of 500° F. and 50% excess air.
E.
Noise Control. At no point on the boundary of a residential or commercial
district shall the sound-pressure level of any operation exceed the
described levels in the designated octave bands shown below for the
district indicated:
|
Sound Levels
| ||
|---|---|---|
|
Octave Band
(cycles per second)
|
Along Residential District Boundaries Maximum Permitted Sound
Level
(decibels)
|
At Any Other Point on the Lot Boundary Maximum Permitted Sound
Level
(decibels)
|
|
0 to 75
|
72
|
79
|
|
75 to 150
|
67
|
74
|
|
150 to 300
|
59
|
66
|
|
300 to 600
|
52
|
59
|
|
600 to 1,200
|
46
|
53
|
|
1,200 to 2,400
|
40
|
47
|
|
2,400 to 4,800
|
34
|
41
|
|
Above 4,800
|
32
|
39
|
F.
Control of Odors. There shall be no emission of odorous matter in such quantities as to be offensive along a lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951, by the Manufacturing Chemists Association, Inc., Washington, D.C., or the latest revised edition thereof.
G.
Control of Glare and Heat. Any operation producing intense glare
or heat shall be performed within an enclosed building or behind a
solid fence in such manner as to be completely imperceptible from
any point along the lot lines.
H.
Control of Vibration. No vibration which is discernible to the human
sense of feeling shall be perceptible without instruments at any point
on the lot line.
I.
Radioactivity or Electrical Disturbances. There shall be no activities
which emit dangerous radioactivity at any point. There shall be no
electrical disturbance (except from domestic household appliances)
adversely affecting the operation at any point or any equipment other
than that of the creator of such disturbance.
J.
Outdoor Storage of Materials; Disposal.
(1)
No flammable or explosive liquids, solids, or gases shall be
stored in bulk above the ground; provided, however, that tanks or
drums of fuel are excluded from this provision.
(2)
All outdoor storage facilities for fuel, raw materials, and
products stored outdoors shall be concealed from any adjacent properties.
(3)
No materials or wastes shall be deposited upon a lot in such
form or manner that may be transferred off the lot by natural causes
or forces.
(4)
All materials or wastes which might cause fumes or dust which
constitute a fire hazard or which may be edible or otherwise be attractive
to rodents or insects shall be stored outdoors in closed containers.
K.
Power Service Lines. Every use requiring power shall be so operated
that the service lines, substation, and appurtenances shall conform
to the highest safety requirements known, shall be so constructed
and installed to be an integral part of the architectural features
of the plant and, if visible from abutting residential properties,
shall be concealed by coniferous planting.
L.
Waste Disposal. No use shall be conducted in such a way as to discharge
any treated or untreated sewage or industrial waste into any stream.
All methods of sewage and industrial waste treatment and disposal
shall be approved by the Board of Supervisors. Quarrying, mining operations,
and/or extractive related industries shall not endanger ground water
levels and quality in the area, nor adversely affect ground water
supplies of nearby properties. Any operator who affects a public or
private water supply by contamination or diminution shall restore
or replace the affected supply with an alternate source of water adequate
in quantity and quality for the purposes served by the supply. When
required by the Township Board of Supervisors, a hydrologic study
shall be submitted to the Township, which shall indicate the impact
of the activity of the ground water supplies and quality in the area
of the operations.
M.
Water Requirements. All water requirements shall be stated in the
application. Water shall be supplied by water distributing companies
operating and supervised as municipal or public utilities by virtue
of the laws of the Commonwealth of Pennsylvania and the ordinances
of this Township. No permit for construction, building, or use shall
be issued by the Zoning Officer until satisfactory proof of the availability
and supply of water is furnished.
[Ord. 2013-01, 2/11/2013]
1.
The U.S. Army Corps of Engineers, in conjunction with the United
States Environmental Protection Agency, have defined "wetlands" as
follows:
"Those areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support; a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.
"The three principal parameters in the determination of the
existence of a wetland are the naturally occurring vegetation, soil
type, and evidence of surface hydrology."
2.
All land designated as "wetlands" within Douglass Township are regulated
by state and federal agencies and are subject to their regulations,
controls, and restrictions.
3.
For all subdivision and land development applications, a wetlands
delineation by a qualified professional shall be conducted. Delineated
wetlands shall be accompanied by a technical report and data forms.
In those instances where the proposed development would not encroach
upon an area of potential wetlands, the applicant can chose to use
the hydric soils line as the "tentative wetlands line" along with
the inclusion of a plan note stating that "any future encroachment
within the hydric soils area and the associated wetlands buffer shall
require the conduct of a wetlands delineation by a qualified professional."
4.
Unless a jurisdictional determination has been completed by either
the Army Corps of Engineers, Pennsylvania Department of Environmental
Protection, or the United States Environmental Protection Agency,
a fifty-foot buffer zone shall be applied to all areas delineated
as wetlands. Within this fifty-foot buffer zone no earth disturbance
or land development activity will be permitted.
5.
If the applicant disputes any provisions specified under this Part,
the applicant shall be responsible for a jurisdictional determination
conducted by either the Army Corps of Engineers, the Pennsylvania
Department of Environmental Protection, or the United States Environmental
Protection Agency. All pertinent costs incurred as a result of the
jurisdictional determination shall be the responsibility of the applicant
and not the Township.
[Ord. 2013-01, 2/11/2013]
1.
Solar energy systems are permitted as an accessory use to a permitted
principal use in all zoning districts subject to the following requirements:
A.
General Standards.
(1)
The use of solar energy systems, including solar collectors,
storage facilities, and distribution components, for space heating
and cooling, and hot water heating, is a permitted use in all zoning
districts.
(2)
Solar energy collectors and equipment used for the mounting
or operation of such collectors are not exempt from the height limitations
specified for the zoning district.
(3)
Apparatus necessary for the operation of solar energy systems,
such as overhangs, moveable insulating walls and roofs, and reflectors
may project up to six feet into required yard setbacks provided that
they are not located within six feet of any property line.
(4)
Detached solar collectors used solely for such purposes shall
be considered permissible accessory structures in all zoning districts.
B.
Solar Access.
(1)
All solar systems and/or structures shall be oriented to the
fullest extent possible to maximize the use of passive and/or active
solar applications as would be appropriate for the site, as well as
to provide for the area for solar access needed to efficiently operate
the solar equipment to fall within the property upon which it is located.
(2)
Should a property owner desire to locate solar collectors in
a location for which the protection of solar access would impact an
adjoining property, they shall be required to secure a written "solar
sky space easement" for the protection of solar access from the adjoining
property owner. Such easement may be in the form of an easement, covenant
or other property interest in any deed or other property instrument
executed by or with the landowners permission, on behalf of any landowner,
that protects the solar sky space of the proposed solar energy collector
at the described location by forbidding any activity, including the
placement of objects, live or otherwise, that would interfere with
solar access. The solar sky space must be described either as the
three dimensional space in which obstruction is prohibited or limited,
or as the times of day in which direct sunlight into the solar collector
may not be obstructed, or as a combination of both.
(3)
Location of solar collectors in a location for which the protection
of solar access would impact an adjoining property without a written
"solar sky easement" described in Subsection 2B above, would be at
the sole risk of the property owner constructing the solar collector.
[Ord. 2013-01, 2/11/2013]
1.
The northeast corner of Douglass Township is within the Airport Hazard
Zone of the Pottstown Municipal Airport. The following requirements
and guidelines shall apply to development within this particular area:
A.
All development shall be consistent with the development standards
and guidelines specified under the Airport Zoning Act, 74 Pa.C.S.A.
§ 5911 et seq., and all other laws relating to aviation.
B.
All development shall be consistent with the development standards
and guidelines specified by the Pennsylvania Department of Transportation
(PennDOT), Bureau of Aviation.
C.
The height exceptions specified under § 27-719 of this chapter shall not apply unless approved by the PennDOT Bureau of Aviation.
D.
The height of all proposed structures shall meet the maximum allowable
height formulas specified in the PennDOT Bureau of Aviation.
[Ord. 2013-01, 2/11/2013; as amended by Ord. 2013-05, 10/14/2013,
§ 1; and by Ord. No. 2016-01, 6/13/2016]
1.
Purposes and Findings of Fact.
A.
The purposes of this section include a desire to establish reliable,
uniform standards for the construction, siting, design, permitting,
maintenance, and use of wireless communications facilities in recognition
of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104,
110 Stat. 56 (1996); the Federal Middle Class Tax Relief and Job Creation
Act of 2012 (Spectrum Act) Pub. L. No. 112-96, 126 Stat. 156 (2012),
and FCC regulations promulgated thereunder by the Federal Communications
Commission (FCC), including the FCC's Report and Order of October
21, 2014, FCC 14-153 (rel. Oct. 21, 2014); and the Pennsylvania Wireless
Broadband Collocation Act (Act 191), 53 P.S. § 11702.1 et
seq. ("WBCA") in Douglass Township. Moreover, the Township desires
to plan and accommodate for the managed deployment of infrastructure
that is necessary to accommodate the wireless communications needs
of the Township's residents, businesses and emergency service
providers. While the Township recognizes the benefit of wireless communications
facilities in providing high-quality communications service and enhancement
to its residents and businesses, the Township also recognizes that
it has an obligation to protect public safety and to minimize the
adverse visual effects of such facilities through the standards set
forth in the following provisions.
B.
By enacting these provisions, the Township intends to:
(1)
Accommodate the need for wireless communications facilities
while regulating their location and number so as to ensure the provision
for necessary services;
(2)
Provide for the managed development of wireless communications
facilities in a manner that enhances the benefits of wireless communication
and accommodates the needs of both Township residents and wireless
carriers in accordance with federal and state laws and regulations;
(3)
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the Township, including facilities both
inside and outside the public rights-of-way;
(4)
Address new wireless technologies, including, but not limited
to, distributed antenna systems, data collection units, cable Wi-Fi
and other communications facilities;
(5)
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
(6)
Promote the health, safety and welfare of the Township's
residents and businesses with respect to wireless communications facilities;
(7)
Protect the Township's residents and businesses from the
potential adverse impacts of wireless communications facilities and
preserve, to the extent permitted under law, the visual character
of established communities and the natural beauty of the landscape;
and
(8)
Ensure compliance with federal and state regulations.
2.
ACCESSORY EQUIPMENT
ANTENNA
BASE STATION
A.
B.
C.
D.
CO-LOCATION
DISTRIBUTED ANTENNA SYSTEMS (DAS)
ELIGIBLE FACILITIES REQUEST
EMERGENCY
EQUIPMENT COMPOUND
FT. WORTH ATTACHMENT
HEIGHT, WIRELESS COMMUNICATIONS FACILITY (WCF)
MODIFICATION or MODIFY
MONOPOLE
NON-TOWER WIRELESS COMMUNICATIONS FACILITIES (NON-TOWER WCF)
REPLACEMENT
RIGHT-OF-WAY (ROW)
SITE
STEALTH TECHNOLOGY
SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE
A.
B.
C.
D.
TOWER
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED
WCF)
TRANSMISSION EQUIPMENT
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS SUPPORT STRUCTURE
Definitions. For the purposes of this section, following terms shall
be defined as follows:
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar equipment.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services. An antenna shall not include
private residence-mounted satellite dishes or television antennas
or amateur radio equipment, including, without limitation, ham or
citizens band radio antennas.
A structure or equipment at a fixed location that enables
Federal Communications Commission-licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower, as defined in this subsection,
or any equipment associated with a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at
the time the relevant application is filed with the Township under
this section, supports or houses equipment described in Subsections
A and B of this definition that has been reviewed and approved under
the applicable zoning or siting process, or under another state or
local regulatory review process, even if the structure was not built
for the sole or primary purpose of providing such support.
The term does not include any structure that, at the time the
relevant application is filed with the Township under this section,
does not support or house equipment described in Subsection A or B
of this definition.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
A condition that:
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
A non-freestanding pole which is attached to an electrical
transmission tower which is used to support antennas and accessory
equipment and which is anchored to the ground and obtains lateral
bracing by direct attachment to the electrical transmission tower.
The vertical measurement from the mean level of the ground
surrounding the WCF if ground-mounted, or the higher of a roof or
parapet if building-mounted, to the highest part of the WCF, monopole,
tower or other wireless support structure.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunications facilities located within an existing
equipment compound, if the improvement, upgrade, expansion or replacement
does not substantially change the physical dimensions of the wireless
support structure.
A tower which consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennas and connect appurtenances.
Wireless communications facilities other than tower-based
wireless communications facilities.
The replacement of existing wireless telecommunications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
The surface of and space above and below any real property
in the municipality in which the federal government, commonwealth,
municipality or municipal authority has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
federal government, commonwealth, municipality or municipal authority,
and any nonexclusive public or utility easements established, dedicated,
platted, improved or devoted for utility purposes. Private rights-of-way
and other government-owned lands not listed above shall not be considered
a right-of-way. The phrase "in the right(s)-of-way" means in, on,
over, along, above and/or under the right(s)-of-way.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennas and other facilities which blend the
proposed facility into the existing structure or visual backdrop in
such a manner as to render it less visible to the casual observer.
Such methods include, but are not limited to, architecturally screened
roof-mounted antennas, building-mounted antennas painted to match
the existing structure and facilities constructed to resemble trees,
shrubs, and light poles.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater. Changes in height
should be measured from the original support structure in cases where
deployments are or will be separated horizontally, such as on buildings'
rooftops; in other circumstances, changes in height should be measured
from the dimensions of the tower or base station, inclusive of originally
approved appurtenances and any modifications that were approved prior
to the passage of the Spectrum Act.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet.
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure.
It entails any excavation or deployment outside the current
site.
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communications
Commission-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
A Ft. Worth attachment shall not be considered a tower.
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment.
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or authorized wireless communications service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as a microwave backhaul.
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including,
but not limited to, buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the municipality.
3.
Permitted Uses for Wireless Communications Facilities.
A.
Tower-based WCFs not located within a right-of-way are prohibited
in the following districts: RC Rural Conservation, RR Rural Residential,
and RS Rural Suburban Residential Districts.
C.
Tower-based WCFs not located within a right-of-way are permitted
by right on all land owned by the Township or a Township authority,
regardless of zoning district.
D.
Tower-based WCFs located within a right-of-way are permitted by conditional use in the following districts: RC Rural Conservation, RR Rural Residential, VC Village Commercial, HC Highway Commercial, LI Limited Industrial, GI General Industrial and SD School Districts, subject to the requirements of Subsections 4 and 8.
E.
Non-tower WCFs are permitted by right in all zoning districts and within a right-of-way, subject to the requirements of Subsection 4 and the applicable permit requirements of Subsection 8. Non-tower WCFs located within a right-of-way in a residential district or residential area shall be located to the greatest extent possible so that the WCF is not seen directly from any residence.
4.
Bulk and Area Requirements.
|
Tower-Based
| |||
|---|---|---|---|
|
WCF out of ROW
|
WCF in ROW
| ||
|
Height
|
If permitted in the zoning district, tower-based WCFs shall
be designed to minimum functional height but not to exceed 150 feet;
applicants must submit documentation justifying the total height
|
If permitted in the zoning district, tower-based WCFs shall
be designed to minimum functional height, not to exceed 40 feet on
a new tower or 45 feet on an existing tower, in the RC, RR and RS
Districts, and 60 feet in VC, HC, LI, GI, and SD Districts; applicants
must submit documentation justifying the total height
| |
|
Lot Size
| |||
|
Only use on lot
|
Subject to underlying zoning district
|
Not applicable
| |
|
Combined with another use on lot
|
Area needed to accommodate the WCF and guy wires (if approved),
equipment building or cabinets, security fence, and buffer planting
|
Not applicable
| |
|
Setbacks
| |||
|
Towers
|
Setback from property lines at least 100% of the combined height
of the wireless support structure and antenna, or the applicable minimum
building setback in the underlying zoning district, whichever is greater
|
Not applicable
| |
|
Equipment buildings/cabinets
|
Subject to applicable minimum building setback in the underlying
zoning district
|
Not applicable
| |
|
Non-Tower-Based
| |||
|---|---|---|---|
|
WCF out of ROW
|
WCF in ROW
| ||
|
Height
| |||
|
On building or similar structure
|
WCF shall not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the WCF applicant obtains a conditional use under Subsection 8
|
Not applicable
| |
|
On electrical transmission towers, streetlights, utility poles,
traffic signals, signs and similar structures
|
WCF shall not exceed a height of 5 feet above the electrical transmission tower, streetlight, utility pole, traffic signal, sign and similar structure, unless the WCF obtains a conditional use under Subsection 8
|
WCF located above the surface grade shall consist of equipment
components designed at the minimum functional height
| |
|
Setbacks
| |||
|
Mounted antenna
|
Not applicable
|
Not applicable
| |
|
Equipment buildings/cabinets
|
WCF equipment buildings/cabinets shall comply with the applicable
minimum building setback requirements in the underlying zoning district
|
Not applicable
| |
|
Lot Size
| |||
|
Subject to applicable minimum lot size in the underlying zoning
district
|
Not applicable
| ||
5.
Design, Construction and Operations.
A.
All WCFs shall be designed, constructed, inspected, operated, maintained,
repaired, modified and removed in strict compliance with all current
applicable federal and state technical and safety codes.
B.
Subdivision plan approval shall not be required when a WCF is located
on a leased parcel that is less than the entire lot.
C.
All WCFs shall be operated in accordance with all applicable FCC
rules regarding interference with public safety communications or
the reception of broadband, television, radio or other communications
services.
D.
Co-Location. Tower-based WCFs outside of the right-of-way shall be
designed to accommodate both the WCF applicant's antennas and
comparable antennas for future users. As a condition of approval for
all tower-based WCFs, the WCF applicant shall agree to allow other
service providers to co-locate antennas on tower-based WCFs where
technically and economically feasible.
E.
Signage. Tower-based WCFs not located within the right-of-way shall
include a posted sign at the location. Such signage shall include
the ownership, contact name and phone number in the event of an emergency
and Federal Communications Commission (FCC) registration number (if
applicable). Such signage shall not include commercial advertising
and is subject to approval by the Township and is limited to a maximum
size of two square feet. Tower-based WCFs located within the right-of-way
shall have the same sign or label affixed to either the tower or the
WCF, limited to the maximum size necessary to legibly provide the
required information. Such signage shall not protrude from the tower
or the WCF and is subject to approval by the Township.
F.
Lighting. A tower shall not be artificially lighted beyond what is
required by law. If lighting is required, the WCF applicant shall
provide a detailed plan for sufficient lighting, demonstrating as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations.
G.
Noise. WCFs shall be operated and maintained so as not to produce
noise in excess of applicable noise standards established by state
law and not to exceed 45 dBA as measured from the nearest property
line on which the attached wireless communications facility is located,
except in emergency situations requiring the use of a backup generator,
where such noise standards may be exceeded on a temporary basis. The
use of generators for WCFs within the rights-of-way is prohibited.
H.
Access.
(1)
An access drive and one off-street parking space shall be provided
to ensure adequate emergency and service access to tower-based WCFs
outside of the right-of-way.
(2)
Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(3)
Where possible, access drive construction shall at all times
minimize ground disturbance and the cutting of vegetation.
(4)
Access drive grades shall closely follow natural contours to
assure minimal visual disturbance and minimize soil erosion.
(5)
Where applicable, the WCF owner shall present documentation
to the Township that the property owner has granted an easement for
the proposed facility and maintenance responsibilities.
(6)
The access easement shall be a minimum of 20 feet in width,
and the access drive shall be improved with a dust-free, all-weather
surface to a width of at least 10 feet throughout its entire length.
(7)
Vehicular access to the WCF shall not interfere with the parking
or vehicular circulation for a principal use, if located on the lot.
However, where appropriate and available, existing parking for the
principal use may be utilized.
I.
Fencing. A security fence with a minimum height of eight feet shall
surround any tower-based WCF located outside a right-of-way, including
guy wires, associated equipment, and buildings. The requirement for
a security fence may be waived by the Board where, in the opinion
of the Board, the fence would not be appropriate or feasible. All
fencing must be in accordance with the provisions of the Township
Code.
J.
Mounting. Any applicant proposing a non-tower WCF to be mounted on
a building or any other structure shall submit detailed construction
and elevation drawings indicating how the non-tower WCF will be mounted
on the structure for review by the Township Building Codes Office
and/or the Township Engineer for compliance with the building code.
K.
Safety in Rights-of-Way.
(1)
Schedule of Operations. The Township shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all WCFs in the right-of-way based on public safety, traffic management,
physical burden on the right-of-way and related considerations. For
public utilities, the time, place and manner requirements shall be
consistent with the police powers of the Township and the requirements
of the Public Utility Code.
(2)
Emergency.
(a)
Within 60 days following written notice from the Township, or
such longer period as the municipality determines is reasonably necessary
or such shorter period in the case of an emergency, an owner of a
WCF in the right-of-way shall, at its own expense, temporarily or
permanently remove, relocate, change or alter the position of any
WCF when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under any one of the following circumstances:
1)
The construction, repair, maintenance or installation of any
municipal or other public improvement in the right-of-way.
2)
The operations of the Township or other governmental entity
in the right-of-way.
3)
Vacation of a street or road or the release of a utility easement.
4)
An emergency as determined by the Township.
(b)
No permit is required for such removal, relocation, change or
alteration ordered by the Township.
L.
Visual Obstruction. All WCFs and accessory equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, or to otherwise create safety hazards to pedestrians
and/or motorists or to otherwise inconvenience public use of the right-of-way
as determined by the Township. When feasible, all equipment shall
be pole-mounted prior to ground-mounting the equipment. For WCFs located
within the right-of-way, no ground-mounted equipment may extend or
protrude past the associated tower to the edge of the curb or cartway.
M.
Maintenance. The WCF applicant shall describe anticipated maintenance
needs, including frequency of service, personnel needs and equipment
needs, and the traffic, safety and noise impacts of such maintenance.
N.
Soil Report. A soil report complying with the standards of geotechnical
investigations of the Electronics Industry Association and Telecommunications
Industry Association shall be submitted to the Township Engineer prior
to construction to document and verify the design specifications of
the foundation for the wireless support structure and anchors for
the guy wires, if used.
O.
Interference. All WCFs shall not interfere with public safety communications
or the reception of broadband, television, radio or other communications
services enjoyed by occupants of nearby properties. In the event that
the WCF causes interference with the radio or television reception
within the Township, the WCF applicant, at the applicant's sole
expense, shall thereafter ensure that any interference problems are
promptly corrected.
P.
Aviation Safety. All WCFs shall comply with federal and state laws
and regulations concerning aviation safety.
Q.
Inspections.
(1)
A copy of any inspection report shall be provided to the Township
following the inspection. Any repairs advised by report shall be completed
by the WCF owner within 60 calendar days after the report is filed
with the Township.
(2)
In accordance with and subject to existing law, the Township
reserves the right to inspect any WCF to ensure compliance with the
provisions of this chapter and any other provisions found within the
Township Code, state, or federal law. The Township and/or its agents
shall have the authority to enter the property upon which a WCF is
located at any time, upon reasonable notice to the operator, to ensure
such compliance.
R.
Historic Buildings or Districts. A WCF shall not be located upon
a property and/or on a building or structure that is listed on either
the National or Pennsylvania Register of Historic Places.
6.
Aesthetics, Landscaping, and Screening.
A.
Stealth Technology. The WCF shall employ the most-current stealth
technology available, where appropriate, in an effort to appropriately
blend the proposed WCF into the surrounding environment and minimize
aesthetic impact. All utility buildings and accessory structures shall
be designed to blend into the environment in which they are situated.
All proposed tower-based WCFs must provide documentation detailing
the proposed stealth technology.
B.
Landscaping Design. Tower-based WCFs located outside the right-of-way
shall submit a landscape design describing the following:
(1)
The WCF applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the WCF structure shall
be preserved to the maximum extent possible.
(2)
An evergreen screen shall be created by planting trees (a minimum
of six feet tall at planting that will grow to a minimum of 15 feet
tall at maturity) on ten-foot centers maximum around the perimeter
of the security fence.
(3)
Ground-mounted equipment associated with, or connected to, a
tower-based WCF shall be screened from public view using landscaping
and/or screening, as described above.
(4)
In lieu of an evergreen screen, the Board of Supervisors may
instead approve the use of an artificial screen, topography, walls,
decorative fences or other features. Furthermore, the requirement
for evergreen screening may be waived by the Board of Supervisors
where, in the opinion of the Board, the evergreen screening would
not be appropriate or feasible. The Board may elect to receive comment
and feedback from the Douglass Township Planning Commission to assist
with the Board's decision.
(5)
Any graffiti on the tower or on any related equipment shall
be immediately removed at the sole expense of the WCF owner.
7.
Replacement, Co-Location, or Modification.
A.
Notwithstanding the requirements for tower-based WCFs and non-tower-based
WCFs, as set forth in this section, an application for replacement,
co-location or modification of a previously approved wireless support
structure or wireless communications facility shall be reviewed for
conformance with the Township building permit requirements, including
requirements applicable to the added structural loading of the proposed
antennas and accessory equipment. These previously approved towers
shall not be subject to the issuance of new zoning or land use approvals,
provided that there is no substantial change.
B.
Replacement, co-location or modification of WCFs on existing wireless
support structures or within existing equipment compounds may be performed
by the applicant obtaining a zoning permit from the Township.
C.
To the extent permissible under applicable state and federal law,
any WCF applicant proposing the modification of an existing tower-based
WCF, resulting in any increase in the overall height of such WCF,
monopole, tower or other wireless support structure, shall first obtain
all necessary permits and approvals from the Township. Nonroutine
modifications shall be prohibited without prior approval from the
Township.
8.
Conditional Use and Permit Requirements.
A.
A permit from the Township shall be required for the construction,
erection, modification, replacement or installation of all WCFs and
wireless support structures. Within 60 calendar days of the date that
a fully completed application for a WCF is received by the Township,
the Township shall review the application and advise the applicant
if a permit will be issued.
B.
In addition to all other permit requirements under this chapter,
a permit application for a WCF shall not be approved or considered
complete unless the Township finds that the applicant has complied
with all of the following conditions, as applicable:
(1)
Co-Location. An application for a new tower-based WCF outside
of the right-of-way shall not be approved unless the Township finds
that the wireless communications equipment planned for the proposed
tower-based WCF cannot be co-located on an existing or approved structure
or building within a one-mile radius of the proposed tower-based WCF
location to achieve the coverage or capacity objectives of the applicant.
(2)
Gap in Coverage, Lack of Adequate Capacity, and Lack of Alternatives.
An applicant for a tower-based WCF, where required, must demonstrate
that a significant gap in wireless coverage exists or lack of adequate
capacity is likely to exist within six months of the filing of its
application with respect to the WCF applicant in the area. It shall
be incumbent upon the applicant to prove to the reasonable satisfaction
of the Board that the applicant cannot adequately extend or infill
its communications system by the use of equipment such as redoes,
repeaters, antenna(s) and other similar equipment installed on existing
structures, such as utility poles or their appurtenances, and other
available tall structures. The applicant shall further demonstrate
that the proposed tower-based WCF must be located where it is proposed
in order to serve the applicant's service area and that no other
viable alternative location exists.
(3)
Authorization. An applicant for all WCFs shall submit a copy
of the lease or other form of written authorization with the property
owner confirming that the applicant has standing to file the application
and maintain the proposed facility on the subject property.
(4)
Licensing and Applicable Regulations. When applicable, an applicant
must demonstrate that it is licensed by the Federal Communications
Commission (FCC) and submit with its application copies of all FCC
permits and licenses, including the name, address, and emergency telephone
number for the operator of the facility.
(5)
Emissions. The applicant shall demonstrate that the proposed
WCF, by itself or in conjunction with other WCFs, complies with all
applicable standards established by the Federal Communications Commission
governing human exposure to electromagnetic emissions.
(6)
Insurance. The applicant shall provide a certificate of insurance
issued to the owner/operators of the WCF, evidencing that there is
or will be adequate current liability insurance in effect.
(7)
Engineer Inspection. Prior to the Township's issuance of
a permit authorizing construction and erection of a tower-based WCF,
a structural engineer registered in Pennsylvania shall issue to the
Township a written certification of the proposed WCF's ability
to meet the structural standards offered by either the Electronic
Industries Association or the Telecommunications Industry Association
and certify the proper construction of the foundation and the erection
of the structure. This certification shall be provided during the
conditional use hearing or, at a minimum, be made as a condition attached
to any approval given such that the certification shall be provided
prior to issuance of any building permits.
(8)
Additional Antennas. As a condition of approval for all tower-based
WCFs, the WCF applicant shall provide the Township with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCFs where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the Township.
C.
Conditional Use Authorization. Prior to the Board's approval
of a conditional use authorizing the construction and installation
of a tower-based WCF, the applicant must provide the following along
with a conditional use application:
(1)
A propagation study evidencing the need for the proposed tower
or other communications facilities and equipment, a description of
the type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the WCF applicant,
the power in watts at which the WCF applicant transmits, and any relevant
related tests conducted by the WCF applicant in determining the need
for the proposed site and installation.
(2)
Documentation demonstrating that the proposed tower-based WCF
complies with all state and federal laws and regulations concerning
aviation safety and is designed to withstand the effects of wind according
to the standards designed by the American National Standards Institute.
(3)
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to the
Board that the owner of the property has granted an easement for the
proposed WCF and that vehicular access will be provided to the facility,
as set forth in this chapter.
(4)
Documentation and other evidence demonstrating that the proposed
tower-based WCF complies with all applicable provisions in this chapter,
including but not limited to, height requirements, design, construction
and operation requirements, safety requirements, and aesthetic, landscaping,
and screening requirements.
D.
Conditional Use Approval for tower-based WCFs in Right-of-Way. In addition to the requirements in Subsection 4, Tower-Based WCFs located within a right-of-way in the RC, RR, VC, HC, LI GI and SD Districts are permitted by conditional use unless the primary components of utilities, including, but not limited to, the main utility lines, are located underground within 100 feet of the proposed tower or base station. Documentation evidencing the location of surrounding utilities shall be provided by the applicant with the conditional use application.
E.
Permit and Conditional Use Fees. The Township may assess appropriate
and reasonable permit and conditional use fees directly related to
the actual costs of experts and staff for reviewing and processing
the application for approval of a WCF, as well as related inspection,
monitoring, and related costs. The amount of this fee may not be in
excess of the actual reasonable costs of such actions.
F.
Reimbursement for Right-of-Way Use. In addition to permit fees as
described in this section, every tower-based WCF in a right-of-way
is subject to the Township's right to fix annually a fair and
reasonable fee to be paid for use and occupancy of the right-of-way.
Such compensation for the right-of-way use shall be directly related
to the Township's actual right-of-way management costs, including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other right-of-way
management activities by the Township. The owner of each tower-based
WCF shall pay an annual fee to the Township to compensate the Township
for the Township's costs incurred in connection with the activities
described above.
G.
Guy Wires Approval. Guy wires may only used for WCFs upon conditional
use approval for the use of guy wires. Documentation evidencing the
need for the guy wires and a description of the guy wire installation
must be provided by the applicant with the conditional use application.
H.
Township Planning Commission Review. The Board may elect to receive
comments, recommendations, and feedback from the Douglass Township
Planning Commission to assist with the Board's conditional use
decisions.
I.
Township Standards for Conditional Use Approval. In addition to demonstrating compliance with all requirements of this section, an applicant seeking conditional use approval must also fulfill all requirements and standards for conditional use approval set forth under Township Code § 27-1009, Conditional Uses.
9.
Discontinuation, Abandonment and Removal.
A.
Nonconforming WCFs. Any nonconforming WCFs which are hereafter damaged
or destroyed due to any reason or cause may be repaired and restored
at their former location but must otherwise comply with the terms
and conditions of this chapter.
B.
Discontinuation. In the event that use of a WCF is planned to be
discontinued, the owner shall provide written notice to the Township
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions of WCFs shall be
removed as follows:
(1)
All unused or abandoned WCFs and accessory facilities shall
be removed within six months of the cessation of operations at the
site, unless a time extension is approved by the Township.
(2)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the municipality, the WCF and accessory facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the legal or equitable owner of the WCF.
(3)
Any unused portions of WCFs, including antennas, shall be removed
within six months of the time of cessation of operations. The Township
must approve all replacements of portions of a tower-based WCF previously
removed.
C.
Bonding. The facility owner or operator shall post and maintain funds
for removal of all structures associated with the WCF in an amount
equal to the identified removal costs, as adjusted over time. The
removal funds shall be posted and maintained with a bonding company
or federal or commonwealth chartered lending institution chosen by
the facility owner or operator and participating landowner posting
the financial security, provided that the bonding company or lending
institution is authorized to conduct business within the commonwealth
and is approved by the Township. An independent and certified professional
engineer shall be retained by the applicant to estimate the cost of
removal without regard to salvage value of the equipment. Said estimates
shall be submitted to the Township after the first year of operation
and every five years thereafter.
10.
Permit Processing Time Frames.
A.
For a Non-Tower Based WCF:
(1)
Within 30 calendar days of the date that an application for
a non-tower WCF is filed with the Township, the Township shall notify
the applicant, in writing, of any information that may be required
to complete such application.
(2)
Upon submission to the Township of the additional required information,
the Township shall, within 10 days, notify the applicant if the application
is now complete.
(3)
For those applications for non-tower-based WCFs that do not
substantially change the physical dimensions of the wireless support
structure to which they are attached, as defined by the WBCA, within
60 days the Township shall make its final decision on whether to approve
the application.
(4)
For those applications for non-tower-based WCFs that do substantially
change the physical dimensions of the wireless support structure to
which they are attached, as defined by the WBCA, within 90 days the
Township shall make its final decision on whether to approve the application.
(5)
The decision of the Township shall be made in writing and provided
to the applicant.
(6)
If additional information was requested by the Township to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the Township's sixty- or ninety-day
review period, as applicable. These timing requirements in this section
shall only apply to proposed facilities that fall under the WBCA.
B.
For a Tower-Based WCF:
(1)
Within 30 calendar days of the date that an application for
a new tower-based WCF is filed with the Township, the Township shall
notify the applicant, in writing, of any information that may be required
to complete such application.
(2)
Upon submission to the Township of the additional required information,
the Township shall, within 10 days, notify the applicant if the application
is now complete.
(3)
All applications for tower-based WCFs shall be acted upon within
150 days of the receipt of a fully completed application for the approval
of such tower-based WCF, and the Township shall advise the applicant,
in writing, of its decision.
(4)
If additional information was requested by the Township to complete
an application, the time required by the applicant to provide the
information shall not be counted toward the one-hundred-fifty-day
review period.
[Ord. 2013-01, 2/11/2013]
1.
The construction or rehabilitation of a structure for the purpose
of creating a private residential garage or carport as an accessory
structure in a residentially zoned area shall be subject to the following
maximum size and maximum height of structure regulations:
2.
No private residential garage or carport may be used as a residential
dwelling, temporary or permanent.
3.
No private residential garage may be used for warehousing or storage
of products, supplies, and equipment for an off site business or commercial
operation. Storage of personal belongings associated with the residential
use is permitted.
[Ord. 2013-01, 2/11/2013]
1.
Pavilions, for the purpose of this chapter, shall be defined as a
free-standing accessory structure used for recreational and leisure
purposes typically associated with picnicking and barbecue, including
pool houses and cabanas. The construction of an accessory structure
for the purpose of creating a pavilion shall be subject to the following
maximum size and maximum height of structure regulations:
[Ord. 2013-01, 2/11/2013]
1.
Off-Street Parking.
A.
All parking lots shall be set back from side and rear lot lines a
minimum of 75 feet and from the street right-of-way line 50 feet.
B.
All parking lots shall be surrounded by a landscape screen of a minimum
height of three feet.
C.
All parking lots with more than 10 parking spaces shall have interior
portions of the parking lot landscaped at a rate of 20% of the total
paved coverage. Each internal planting area shall measure at a minimum
10 feet by 20 feet. Each planting area shall contain at a minimum
one deciduous tree.
D.
Off-street parking lots shall be illuminated by light standards not
to exceed 20 feet in height. No light fixture shall be directed toward
structures on adjoining lots or toward the street, except for lighting
of the cartway.
2.
Landscape Screening.
A.
Unless otherwise specified in this chapter, a twenty-foot wide landscape
buffer is required along side and rear lot lines and shall be of a
density to screen observation of nonresidential land use by adjoining
properties. The landscape buffer shall consist of a minimum of one
row of trees planted on ten-foot centers, having a minimum height
at planting of six feet, and supplemented by shrubs within the buffer
area.
B.
Street trees are required and shall be planted 40 feet on center
along entire street frontage.
C.
Sidewalk shall be provided along all street frontage.
4.
General Regulations.
A.
No exterior display of either retail or wholesale merchandise is
permitted within 50 feet of an abutting lot line.
B.
All refuse areas shall be fenced enclosed and landscape screened.
Refuse areas are not permitted in the front or side yards.
C.
Storage of vehicular equipment or equipment associated with the land
use must be within a completely enclosed structure.
[Ord. 2013-01, 2/11/2013]
1.
General Regulations.
A.
A twenty-foot wide landscape screen is required along the side and
rear lot lines. The landscaping shall consist of a minimum of one
row of trees planted on ten-foot centers and having a minimum height
at planting of four feet.
B.
Structures and facilities associated with the internment, operation
and maintenance of the cemetery shall be setback 75 feet from any
property line. Maintenance buildings and service areas shall have
a landscape screen, as in paragraph .A., above.
C.
Street trees shall be required and shall be planted 40 feet on center
along all streets.
D.
Refuse areas shall be completely fenced enclosed and provided with
a landscape screen, as in paragraph .A., above.
[Ord. 2013-01, 2/11/2013]
1.
General Regulations.
A.
A ten-foot wide landscape screen shall be provided along the side
and rear lot lines. The landscaping shall consist of one row of trees
planted on ten foot centers and having a minimum height at planting
of four feet.
B.
Off-street parking areas shall be landscaped around the periphery
of the parking area excluding the paved area fronting upon the convenience
store.
C.
Street trees are required and shall be planted 40 feet on center
along all streets.
D.
Refuse areas shall be completely fence enclosed and landscape screened
from view. Refuse areas shall not be located in any side or front
yard.
E.
Exterior lighting shall be from the periphery of the tract and not
directed toward adjoining properties. Wall mounted lights for the
purposes of illuminating the structure and entrance is permitted.
F.
Ingress and egress access points must be located a minimum of 100
feet from an intersection.
[Ord. 2013-01, 2/11/2013]
1.
General Regulations for Convenience Stores and Service Stations with
Gasoline Pumps.
A.
Interior vehicular circulation should be designed to allow unimpeded
access to the gasoline pumps and unimpeded access to off-street parking
areas. A minimum distance of 24 feet shall be provided between gasoline
pumps and the closest off-street parking space.
B.
Prior to approval, plans shall be presented detailing traffic flow
within the land development, points of ingress and egress, and the
probable effects on local traffic flow.
C.
Ingress and egress points shall not be located closer than 200 feet
to any intersection.
D.
Buildings shall not be located closer than 50 feet to any residential
property or residential district.
E.
Structural canopies covering gasoline pumps shall be set back a minimum
of 30 feet from the street right-of-way line.
F.
All vehicle and parts storage shall be designed and located so as
not to intrude into any required yard area and shall be landscape
screened from view.
G.
A ten-foot wide landscape screen of a density to screen use from
adjoining properties is required along all side and rear yards. The
landscaping shall consist of one row of trees planted on ten-foot
centers and having a minimum height at planting of four feet.
H.
Refuse areas shall be completely fenced enclosed and provided with
a landscape screen. Refuse areas may not be located within any front
or side yard area.
I.
Off-street parking areas shall be screened around the periphery of
the parking area excluding the area directly fronting upon the structure.
J.
Street trees are required and shall be planted 40 feet on center
along all streets.
K.
Exterior lighting shall be from the periphery of the tract and not
directed toward adjoining properties. Wall mounted lights for the
purposes of illuminating the structure and entrance is permitted.
2.
General Regulations for Car Washes.
A.
Automatic, semi-automatic, and self-service car washes are limited
to the services of cleaning and waxing vehicles. Such activities shall
be performed only within an enclosed building. Vacuuming and drying
off of cars does not require an enclosed building.
B.
The lot shall be graded such that process water shall not run-off
across the lot, onto any adjacent lot, or onto a public street.
C.
Automobile storage and waiting spaces shall be provided at the rate
of not less than five spaces for each bay in a self-service car wash
and not less than 10 spaces for each vehicle which can be accommodated
within an automatic or semi-automatic car wash. All vehicle storage
and waiting areas shall be designed and located so as not to intrude
into any required yard area. Buildings shall not be located closer
than 50 feet to any residential district or residential use.
D.
Where a car wash adjoins a residential property or a residential
district, the hours of operation shall not be earlier than 6:30 a.m.,
prevailing time, nor later than 10:00 p.m., prevailing time.
E.
Exterior lighting shall be from the periphery of the tract and not
directed toward adjoining properties. Wall mounted lights for the
purposes of illuminating the structure and entrances are permitted.
No lighting may shine directly off-site nor cause glare on adjacent
or neighboring property or upon any public street, except for the
purpose of illuminating the street.
F.
Refuse areas shall be completely fenced enclosed and provided with
a landscape screen. Refuse areas may not be located within any front
or side yard area.
G.
Street trees are required and shall be planted 40 feet on center
along all streets.
[Ord. 2013-01, 2/11/2013]
1.
General Regulations.
A.
A minimum tract size of 10 acres gross is required.
B.
An overall master plan is required for the sports facility. The master
plan should include any and all indoor and outdoor facilities as the
case may be, along with required off-street parking, interior vehicular
circulation system, interior pedestrian circulation system, support
facilities such as rest rooms and concession stands, and an overall
landscape and lighting plan. Sidewalks shall be required along all
street frontage.
C.
No structure or outdoor facility shall be located closer than 100
feet from an adjoining property line. Off-street parking areas shall
be located a minimum of 50 feet from adjoining properties.
D.
A twenty-foot wide landscape screen is required along all side and
rear property lines. The landscaping shall consist of a minimum of
one row of trees planted on ten-foot centers and having a minimum
height at planting of six feet. Interior portions of all off-street
parking areas shall be landscaped at a rate of 20% of total paved
coverage area. Street trees are required and shall be planted 25 feet
on center along all streets.
E.
Refuse areas shall be completed fence enclosed and provided with
a landscape screen. Refuse areas may not be located in any front or
side yard area.
F.
Sports facilities shall have direct street frontage onto an arterial
or collector road. Access to the sports facility must be provided
by the arterial or collector road.
G.
Exterior lighting shall not be directed toward adjoining properties.
Wall mounted lights for the purposes of illuminating the structure
and entrances are permitted. No lighting may shine directly off-site
nor cause glare on adjacent or neighboring property or upon any public
street, except for the purpose of illuminating the street.
[Ord. 2013-01, 2/11/2013]
1.
General Regulations.
A.
All areas associated with exterior manufacturing shall be fully enclosed by fence and provided with a landscape screen pursuant to § 27-713.
B.
Compliance with performance standards of this chapter must be demonstrated.
C.
Refuse areas associated with the exterior manufacturing must be completely
enclosed in fence and provided with a landscape screen.
[Ord. 2013-01, 2/11/2013]
1.
General Regulations.
A.
Drive-through facilities must be separate from interior vehicular
circulation system, that is, car stacking lane and payment/pick-up
window(s) may not utilize interior loop road or parking lot aisle(s)
for car stacking. A separate interior through lane must be provided.
This through land must measure 24 feet in width when through lane
abuts upon the drive-through area.
B.
The drive-through stacking area shall provide for a minimum of 10
cars.
C.
Off-street parking areas shall be landscaped around the periphery
of the parking area. Interior parking areas shall be landscaped at
a rate of 20% of the paved area.
D.
Street trees shall be required and shall be planted 40 feet on center
along all street right-of-way.
E.
A ten-foot wide landscape screen shall be provided along the side
and rear lot lines. The landscaping shall consist of one row of trees
planted on ten-foot centers and having a minimum height at planting
of four feet.
F.
Refuse areas shall be completely fence enclosed and provide with
a landscape screen. Refuse area may not be located in the front or
side yard area.
G.
Exterior lighting shall be directed inwardly from the periphery of
the tract. Wall mounted lighting is permitted only for the purpose
of illuminating the exterior of the structure itself and the entrances
to the building.
[Ord. 2013-01, 2/11/2013]
1.
The following regulations apply to "abandoned motor vehicles":
A.
Prohibited Conduct. The possession, keeping, or storing of an abandoned
motor vehicle on any public street, alley, or any other place in the
Township other than in a fully enclosed building is hereby prohibited,
except in a duly licensed junkyard or in an impounding garage or lot
authorized by Douglass Township for storage of abandoned motor vehicles.
B.
Violations and Penalties. Any person, firm, or corporation violating
this section shall, upon conviction of such offense before any magisterial
district judge be sentenced to pay a fine of not more than $500 and
the cost of prosecution. Each day that a violation continues to exist
after notice to remove is given to the possessor, keeper, or storer
of an abandoned vehicle by the Township shall constitute a separate
offense and shall be punishable as such.
[Ord. 2013-01, 2/11/2013]
1.
Forestry, as defined in § 27-202, shall be permitted in any zoning district in the Township, subject to the following regulations and requirements:
A.
Forestry Activities. Shall be practiced in accordance with accepted
silvicultural principles, through developing, cultivating, harvesting,
transporting, and selling of trees for commercial purposes. A plan
shall be filed with the Township which shall provide measures for
erosion and sedimentation control and the immediate replanting of
trees on areas where existing tree growth has been harvested.
B.
Setbacks. Buildings, including accessory structures, and the harvesting
or cutting of timber which is part of any forestry operation within
the Township shall be set back from property lines and road frontages
as follows:
C.
Hours of Operation. No forestry operations conducted in the Township
shall commence operations of any machinery utilized in the forestry
business, including motorized vehicles engaged in the business, until
7:00 a.m. and all such operations shall cease by 5:00 p.m., prevailing
time, Monday through Friday, only.
D.
Exterior Storage. Any exterior storage of lumber or forestry product
or by-product shall comply with all recognized fire standards and
safety standards and shall be screened from view with the planting
of an appropriate evergreen screen.
E.
Deliveries or Transport to and from the Site. No deliveries to the
location or transportation of product or by-product of the forestry
operation shall be conducted except between the hours of 7:00 a.m.
and 5:00 p.m., Monday through Friday, only.
F.
External Illumination. Any external illumination to be placed on
the site as part of or to assist in the forestry operation shall be
shielded from direct visual observation on any adjoining property
or along any adjacent roadway.
G.
Signage and Retail Operations. No sale of any of the lumber or any
other product or by-product of the forestry operation may be sold
on the premises where the forestry operation is conducted.
H.
Submission of a Forestry/Timber Harvesting Plan. Any forestry harvesting
operation shall be undertaken in accordance with a forestry/timber
harvesting plan approved by the Township as part of their zoning permit.
All forestry/timber harvesting plans shall be consistent with the
Timber Harvesting Guidelines of the Pennsylvania Model Forestry Regulations
of the Penn State School of Forest Resources, as applicable, and shall
include a plan or plans indicating the following information:
(1)
The site location and boundaries of both the entirety of the
property upon which the forestry/timber harvesting operation shall
occur and the specific area proposed for forestry harvesting.
(2)
Significant natural features on the property including steep
slopes, wetlands, streams, existing vegetation, etc.
(3)
The general location of the proposed operation in relation to
municipal and state highways and any proposed access to those highways.
(4)
Design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails and landings.
(5)
Design, construction, maintenance of water control measures
and structures such as culverts, broad-based dips, filter strips,
and water bars.
(6)
Design, construction, and maintenance of proposed stream and
wetland crossings.
I.
Any permits required by any other agency under applicable regulations
shall be the responsibility of the landowner or forestry/timber harvesting
operator as applicable. Copy of all required permits and a letter
of adequacy from the Berks County Conservation District for the erosion
and sediment control plan shall be submitted to the Township prior
to commencement of the forestry/timber harvesting operation.
J.
The following management practices shall apply to all forestry/timber
harvesting operations:
(1)
Felling and skidding of trees shall be undertaken in a manner
which minimizes damage to trees or other vegetation not intended to
be harvested (i.e., successive limbing up the tree rather than felling
it in its entirety).
(2)
Felling or skidding across any public road is prohibited without
the express written consent of the Township or PennDOT, whichever
is responsible for the maintenance of said road.
(3)
Prior to initiating any forestry/timber harvesting operation,
the applicant shall review with the Township Road Master the condition
of any Township road, bridge or other public facility that will be
used to transport log loads or that may otherwise be impacted by the
proposed operation, and shall provide the Road Master with a description
of the gross vehicle weight, axle load, and size of vehicles to be
used in the removal of the timber. The Township may require the posting
of a bond or other approved security to cover potential damage to
Township roads, bridges or other facilities.
(4)
Slash or tops resulting from a forestry/timber harvesting operation
shall be cut to a height of four feet or less and left on-site. The
burning of slash shall be prohibited.
(5)
No tops, slash or litter shall be left within 25 feet of any
public or private road.
(6)
Littering resulting from a forestry/timber harvesting operation
shall be removed from the site or otherwise dealt with as part of
the forestry/timber harvesting plan approved by the Township.
(7)
Township representative(s) shall be permitted access to the
site of any forestry/timber harvesting operation before, during or
after active timber harvesting to review, inspect and ascertain compliance
with the provisions of this chapter.
[Ord. 2013-01, 2/11/2013]
1.
Animal hospitals, veterinary facilities, and commercial kennels and
boarding kennels are permitted by special exception in the RC, HC
and LI Zoning Districts in the Township, subject to the following
regulations and requirements:
A.
All buildings in which animals are housed shall be located at least
100 feet from all lot lines or existing center of a road.
B.
All facilities shall comply with all applicable state codes and regulations.
Commercial Kennels shall be located on a property which is no less
than four acres in size.
C.
Outdoor pens, feed yards, and runs shall be a minimum of 100 feet
from any property boundary, and 200 feet from any existing neighboring
residence.
D.
A buffer yard of 15 feet shall be required, sufficient to screen
the operation from all adjoining properties, and shall be planted
prior to commencement of operations. The landscaping shall consist
of one row of trees to be planted a minimum of five feet from the
property line, 10 feet on center with a minimum height of six feet
and supplemented by additional plantings (shrubs, etc.) as required.
E.
The potential effect of noise shall be considered in the approval
of this use. Soundproofing materials may be required, sufficient to
meet the noise requirements of this chapter along all property lines
which abut adjacent residential use(s) or a residential zoning district.
F.
Parking. One off-street parking space for each employee plus one
space for each 200 square feet of sales/office/treatment facility
area.
G.
No unleashed dogs shall be permitted outside of an enclosed structure
or fenced pen between the hours of 9:00 p.m. and dawn.
[Ord. 2013-01, 2/11/2013]
1.
Non-commercial kennels are permitted as an accessory use to a permitted
residential use.
2.
No more than six such pets shall be kept under the permanent care
of the occupants.
3.
No animal shelter or runs shall be located closer to the property
or street line than the minimum yard requirements specified for the
principal use.
4.
A non-commercial kennel may be established only as an accessory use.
5.
Except for the sale of young animals born to pets kept under the
permanent care of the occupants, no animals shall be sold or offered
for sale on the property.
[Ord. 2013-01, 2/11/2013]
1.
A riding academy is permitted in the RC and RR Zoning Districts as a permitted use. A riding academy use is subject to the provisions of § 27-705, "General Agriculture Standards," of this chapter, as well as to the following provisions:
A.
Minimum lot area shall be 10 acres.
B.
Any building or structure used for the keeping or raising of horses
shall be situated not less than 100 feet from any street line or property
line.
C.
Parking. One off-street parking space for every three persons present
at such facilities when they are filled to capacity or one space for
every three stalls whichever is greater, plus one additional space
for each employee.
D.
Horse trailer parking or storage shall be provided in a designated
off-street parking area.
E.
Parking for horse shows, demonstration clinics, or any other horse
related activities must be provided off-street.
[Ord. 2013-01, 2/11/2013]
1.
Any and all dangerous, exotic animals, particularly those classified as wild, carnivorous and/or predatory as defined in § 27-202, including but not limited to bears, lions, tigers, ocelots, cougars, chimpanzees, venomous snakes, alligators, crocodiles and other dangerous animals are banned and restricted from any residency in the residential zoning districts of the Township.
2.
Any and all animals utilized in shows and menageries shall be housed
in a humane manner and displayed in a manner which prohibits their
noxious or dangerous contact with the public.
3.
Circuses, shows, fairs, zoological gardens, research programs, and large animals veterinary centers, and state-licensed breeders and dealers are exempted from said ban, supra, so long as they shall conform to and/or exceed any and all applicable state and federal law/regulatory licensing and inspection requirements, as well as all applicable Township regulations as contained in Subsection 2 above, pertinent to safe housing and display requirements.
[Ord. 2013-01, 2/11/2013]
1.
A private airport/heliport is permitted in the RC and SD Zoning Districts
by special exception, subject to the following provisions:
A.
In addition to the information required elsewhere in this chapter,
the following information shall be submitted as part of the application
to the Zoning Hearing Board:
(1)
A map of the property indicating the runway/landing area, necessary
approach zone and parking apron.
(2)
A statement indicating the reasons for the need to utilize an
aircraft and the flight experience of the applicant.
(3)
A description of the type of aircraft to be used with its stated
capacities.
(4)
A statement of the intended use of the aircraft and prospective
pilots.
B.
The following standards shall be satisfied:
(1)
There must be a setback called the "lateral clear zone" extending
500 feet from the center line of the runway/landing area to any lot
line.
(2)
No aircraft other than one single-engine propeller-driven aircraft
or three-seat helicopter shall be permitted.
(3)
No application shall be approved for an airport which does not
provide a runway of 1,500 feet, an approach zone of 1,000 feet and
a parking apron of 1,000 feet.
(4)
No activities shall be permitted by which any commercial use
is made of the aircraft.
(5)
Approval from the Federal Aviation Administration shall be received
and all FAA regulations shall be adhered to.
(6)
No night take-off or landings shall be permitted (dusk to dawn).
(7)
No runway/landing area shall be paved or equipped with landing
lights unless required by FAA regulations.
[Ord. 2013-01, 2/11/2013]
1.
Residential wind energy conversion systems shall be accessory to
a principal use permitted in the RC and RR Zoning Districts subject
to the following regulations:
A.
The wind energy system shall be subordinate to and located on the
same lot occupied by the principal use to which it relates and supplies
power. The resultant energy harnessed from the wind energy system
shall primarily be used on the property on which the system is located.
B.
The minimum lot area shall be two acres.
C.
The wind energy system shall not be located within any required front,
side or rear yard setbacks.
D.
No more than one wind energy system shall be located on any one residential
lot or multiple parcels in the same ownership upon which the principal
residential use is located. A maximum of two wind energy systems may
be installed as accessory uses to agricultural uses on a property
of greater than 10 acres.
E.
The wind energy system shall not exceed an output of greater than
10 kWh.
F.
The height of a wind energy system shall be limited to a maximum
of 65 feet. If a device is attached to an existing structure, then
the maximum height of the attached wind energy system shall not exceed
65 feet including the height of the existing structure. Exceptions
to building height as specified in other Parts of this chapter do
not apply to wind energy systems.
G.
The wind energy system shall be set back from the side and rear property
lines a distance of 110% of the height of the wind energy system.
All wind energy systems shall also be set back a distance of 100 feet
from any road frontage or to the rear of a house whichever is greater.
H.
The minimum distance between the undisturbed ground at the base of
the device and any protruding blade shall be 15 feet, as measured
at the lowest point of arc of the blades.
I.
All ground mounted electrical and control equipment shall be labeled
or secured to prevent unauthorized access. The tower shall not provide
steps or a ladder readily accessible for a minimum of 10 feet above
the ground.
J.
No artificial lighting (unless required by the FAA), signage, or
any forms of advertising shall be utilized or attached to the wind
energy system.
K.
Design and location of a wind energy system shall consider, to the
greatest extent possible, the aesthetics of the surrounding environment.
The tower shall be of a monopole design (lattice and guyed monopole
towers not permitted), and the entire system (hub and rotors) shall
be a non-obtrusive color such as white, off-white, or grey. In no
case shall a device be attached to a structure listed on the Registry
of Historic Structures.
L.
All utility lines, including electrical wires other than wires necessary
to connect the wind generator to the tower wiring, the tower wiring
to the disconnect box, and the grounding wires, must be installed
underground in accordance with the prevailing standards of the servicing
utility company.
M.
When a building is necessary for storage cells or related mechanical
equipment, the building must not exceed 150 square feet in area, 15
feet in height, and must not be located within any required front,
side or rear yard setbacks.
N.
Building permit applications for a residential wind energy system
shall be accompanied by standard drawings of the wind turbine structure
and stamped engineered drawings of the tower, base and/or foundation
as provided by the manufacturer.
O.
Any wind energy system that is defective, or has been abandoned,
that is deemed to be unsafe by the Township shall be required to be
repaired by the owner to meet federal, state and local safety standards,
or be removed by the property owner within six months of written notification
from the Township. If the owner fails to repair or remove the defective
or abandoned wind energy system, the Township may pursue a legal action
to have the system removed at the owner's expense.
P.
The landowner shall, at his/her expense, complete decommissioning
of the wind energy system within 12 months after the end of the useful
life of the system. It shall be presumed that the wind energy system
is at the end of its useful life if no electricity is generated for
a continuous period of 12 months.
Q.
A wind energy system, including tower, shall comply with all applicable
state construction and electrical codes, and the National Electrical
Code. Prior to issuance of a zoning/building permit for the installation
of the device, the applicant must submit to the Township all documentation
required by the Township Building Code Official to verify that the
design of the device complies with the Pennsylvania Uniform Construction
Code (UCC) including, but not limited to, documentation of the structural
integrity of the foundation, base, tower and all appurtenant structures
and electrical design. Design information must be certified by a licensed
professional engineer in the Commonwealth of Pennsylvania, and/or
equipment manufacturer.
[Ord. 2013-01, 2/11/2013]
1.
Outdoor furnaces shall be accessory to a principal use permitted
in the RC, RR, GI and SD Zoning Districts subject to the following
requirements:
A.
Permitted Locations, Installation Standards and Fuel Limitations.
(1)
Permitted Locations.
(a)
Outdoor furnaces are only permitted on parcels under single
ownership of no less than two acres in size and only permitted for
a single primary or accessory use on that parcel. Additional lot size
may be required to meet other requirements of this section depending
upon placement of the outdoor furnace on the property.
(b)
All outdoor furnaces shall be located on the property in compliance
with manufacturer's recommendations and/or testing and listing
requirements for clearance to combustible materials.
(c)
All outdoor furnaces shall be located no less than 100 feet
from adjacent property lines.
(2)
Installation Standards.
(a)
Outdoor furnaces shall be installed in compliance with manufacturer's
recommended installation requirements. The owner of any new outdoor
furnace shall submit a copy of the manufacturer's owner manual
or installation instructions as part of their permit application to
the Township for installation of any outdoor furnace.
(b)
All new outdoor furnaces shall be laboratory tested and listed
to appropriate safety standards such as UL, CAN/SA, ANSI or other
applicable safety standards.
(c)
Any new outdoor furnace shall be installed upon a nominal six-inch
thick permanent, reinforced concrete pad in such dimension so as to
allow a minimum of six inches of exposed surface area along the perimeter
of the pad.
(d)
The height of the smokestack must be a minimum height of 15
feet, or a height exceeding two feet in elevation higher than any
adjacent structure, building or wall that is within 100 feet of the
location of the outdoor furnace whichever is greater. The smoke stack
must be securely anchored so as to eliminate the possibility of collapse.
(e)
In the case where an outdoor furnace is located within 300 feet
of any residence not served by the outdoor furnace, the chimney height
of the outdoor furnace shall extend at least two feet above the peak
of said adjoining residence.
(f)
All storage of materials being burnt in the outdoor furnace
shall be neatly stacked and/or stored under cover and free from insects
(termites, ants, etc.) or any type of disease carrying rodents.
(g)
Installation of any electrical or plumbing apparatus or device
used in connection with the operation of an outdoor furnace shall
be in conformity with all applicable electrical and plumbing codes
and, in the absence of such code, in conformity with the manufacturer's
installation specifications.
(3)
Fuel Limitations.
(a)
Only natural (untreated) wood, wood pellets, coal, heating oil,
natural gas, corn products, kerosene or wood specifically permitted
by the manufacturer in writing may be burned in outdoor furnaces.
Fuel substances prohibited for combustion in an outdoor furnace installation
shall include industrial waste, treated lumber, railroad ties, rubber,
plastics, biomass pellets, used motor oil, toxic chemicals, contaminated
waste, yard waste, household garbage, cardboard and wastepaper, animal
waste and any material prohibited for combustion by federal or state
statute.
(b)
No outdoor furnace shall be utilized in any manner as a waste
incinerator.
B.
Waste Material Storage/Disposal.
(1)
Storage and disposal of ashes or waste from the use of an outdoor
furnace shall be accomplished in accordance with all state laws and
regulations and ordinances of the Township.
(2)
Ashes or waste cannot be accumulated in a large area on the
property. Any large accumulation of ashes or waste must be disposed
of biweekly with a trash or private hauler.
C.
Replacement, Reconstruction or Repair of Existing Outdoor Furnaces.
If an outdoor furnace is found as a result of Township inspection
to be physically deteriorated or decayed to the point that the repair
cost exceeds more than 50% of the cost of a new unit, the appliance
must be removed and/or replaced with a new unit and the new unit must
comply with all of the regulations listed in this Part.
D.
Regulations for Existing Outdoor Furnaces.
(1)
An existing outdoor furnace would be one installed prior to
the effective date of the zoning amendment establishing the requirements
for outdoor furnaces.
(3)
If an existing outdoor furnace within the Township is replaced,
the replacement outdoor furnace shall comply with all provisions as
required for any new outdoor furnace application.
(4)
All outdoor furnaces are required to meet emission standards
currently required by the United States Environmental Protection Agency
(USEPA). Emission standards currently required by USEPA are hereby
adopted by reference together with any amendments made to them in
the future.
(5)
All outdoor furnaces shall be operated and maintained in strict
conformance with the manufacturer's instructions and the regulations
promulgated hereunder shall apply unless the manufacturer's instructions
are stricter, in which case the stricter requirements shall apply.
(6)
If there is an existing outdoor furnace already installed and
there is new construction of a residence not served by the outdoor
furnace within 300 feet of such outdoor furnace, then the owner of
such outdoor furnace shall conform to the stack height requirement
listed above within 90 days of the date of such construction is complete
and upon written notice from the Township Zoning Officer.
(7)
If an existing outdoor furnace is, through the course of a proper
investigation by the Township Code Official or Zoning Officer is determined
to be creating a verifiable nuisance, as defined by local or state
law, the following steps shall be taken by the owner:
[Ord. 2013-01, 2/11/2013; as amended by Ord. 2013-05, 10/14/2013,
§ 1]
1.
In-law quarters, an accessory apartment for relatives shall be permitted
as a conditional use in the RC, RR and RS Zoning Districts subject
to the following requirements:
A.
An in-law quarters shall be considered an accessory living component
or living area of a permitted single-family detached dwelling on an
approved lot, which complies with the minimum and maximum dimensional
requirements as well as the utility provisions, which are further
specified by the appropriate zoning district to which the in-law quarter
is located.
B.
An in-law quarters shall only be utilized by relatives of the occupants
of the residence.
C.
The in-law quarters shall be occupied by a maximum of two relatives.
D.
The in-law quarters can not be permitted in a detached structure
to the principal residence (guest house) or constructed above an existing
or proposed detached garage.
E.
The in-law quarters may not have a gross floor area in excess of
1,000 square feet of living space, which may include a living room,
kitchen, bedroom and bathroom.
F.
All utility provisions, including sewage disposal and water supply
that serve the in-law quarters shall be physically connected to those
systems serving the principal residential dwelling. The applicant
shall provide the Township with evidence that the property is serviced
by public water and sewer or that the existing on-lot sewage disposal
system and water supply well have sufficient capacities to accommodate
the principal building plus the in-law quarters. Where appropriate,
the Township Sewage Enforcement Officer shall review/inspect the existing
and proposed utility connections.
G.
In addition to the number of off-street parking spaces required for
a single-family detached dwelling, a minimum of one additional off-street
parking space shall be required for the in-law quarters.
H.
Upon construction of the in-law quarters, and satisfactory inspection
by the Township Building Code Official, the Zoning Officer shall issue
a zoning permit, which shall be reviewed every two years to determine
compliance with the requirements of this section.
I.
Upon the abandonment of the in-law quarters as an accessory use in
compliance with the requirements of this Part, the area occupied by
the in-law quarters must be converted back to common living space
with the principal use. An in-law quarters which no longer provides
residence for family relatives, can not be subsequently rented out
as an apartment unit.
J.
The owner of the property shall execute an agreement with the Township
which shall be recorded with the Berks County Recorder of Deeds which
shall require that the area occupied by the in-law quarters must be
converted back to common living space with the principal use within
six months after the in-law quarters are no longer occupied by the
person or persons for whom the original permission was granted, The
agreement shall provide that the in-law quarters shall not be rented
out as an apartment unit.
[Ord. 2013-01, 2/11/2013]
1.
Congregate-care and/or assisted-living facilities are permitted as
a special exception in the VC and HC Zoning Districts, subject to
the following conditions:
A.
Congregate-care and/or assisted-living facilities shall be built
as a single legal entity and shall be retained in single ownership.
Fee simple absolute sale of units shall be prohibited. All common
facilities to support the needs of the residents of the facility shall
remain under a single ownership.
B.
Uses permitted within congregate-care and assisted-living facilities
include:
(2)
Non-residential Uses.
(a)
Activity centers intended for use by the residents. These centers
may include dining, recreational, retail and/or office space.
(b)
Recreational areas including exercise areas, common open space,
walkways and trails, garden areas, picnic area and similar improvements.
(c)
Medical offices and rehabilitation center.
(d)
Uses clearly accessory to any of the permitted uses.
(e)
Non-residential uses are restricted to the use by residents
of the facility and their guests. However, management of such congregate-care
or assisted-living facility shall be permitted to open common areas
such as facilities for use by community organizations for public and/or
private meetings, at their discretion.
C.
Area and density requirements for congregate-care and assisted-living
facilities shall be as follows:
(1)
Area Requirement. The tract to be developed shall have a minimum
area of five acres.
(2)
The gross residential density of a congregate-care or assisted-living
facility shall not exceed eight living/bedroom units per acre.
(3)
Lot Setbacks. Buildings and structures shall not be located
closer than 50 feet from the street right-of-way line or the boundary
line of the property. Uncovered patios and stoops may project into
the setback five feet from the building or structure.
E.
Streets, Parking and Lighting.
(2)
Parking Requirements.
(a)
Resident parking shall be designed with a minimum of one space
per every two units available for occupancy.
(b)
Employee parking shall be required with a minimum of one space
for each employee based upon the highest number of employees in a
particular shift.
(c)
Parking space shall be provided for facility vehicles.
(d)
Visitor parking shall be required with a minimum of one space
for each 10 units available for occupancy.
(e)
All parking spaces shall be set back a minimum of 15 feet from
the property line.
(f)
An off-street loading area shall be provided that will not interfere
with pedestrian or vehicular traffic flow.
(g)
An emergency vehicle pickup/drop-off area shall be provided.
F.
Landscaping.
(1)
Street trees will be required along all road frontages. Street
trees shall be planted forty-foot on-centers.
(2)
A fifteen-foot landscape screen shall be provided along all
side and rear property lines. The landscaping shall consist of a minimum
of one row of trees planted on ten-foot centers and may contain a
mixture of evergreen, deciduous, and ornamental trees supplemented
by shrubs. Tree height shall be a minimum of four feet.
G.
Design Regulations.
(1)
All congregate-care and/or assisted-living facilities shall
be served by a public sewer collection and disposal system and public
water supply.
(2)
Exterior trash storage facilities shall be provided for all
congregate-care and assisted-living facilities. All assisted-living
facilities shall also have a designated medical waste storage facility
and pick-up area.
H.
Recreation facilities for a congregate-care and/or assisted-living
facility shall include:
I.
All congregate-care or assisted-living facilities shall have an emergency
management plan in effect for response to catastrophic events.
J.
All congregate-care or assisted-living facilities shall have fire
access on all four sides of a building as well as an automatic sprinkler
fire suppression system.
[Ord. 2013-01, 2/11/2013]
1.
An age-restricted residential development is permitted only as a
conditional use in the RS Zoning District, subject to the following
requirements:
A.
Prerequisites for Conditional Use Application.
(1)
An age-restricted residential development shall meet all provisions
of the Federal Fair Housing Act amendments of 1988, as amended. As
part of the declaration of restrictive covenants as required. The
applicant shall include a declaration against all dwellings proposed
to be age-qualified.
(2)
Any tract of ground which is the subject of an application for
conditional use approval as an age-restricted residential development
pursuant to this chapter, shall contain a minimum of 40 acres, or
be adjacent to and connect to an approved age-restricted residential
development.
(3)
Every age-restricted residential development shall have a minimum
of two entrances.
(4)
The tract of land to be developed shall be under single ownership.
The tract shall be served by public sewer and community or public
water supply facilities designed to Township regulations.
B.
Use Regulations.
(1)
The residential uses which are permissible in an age-restricted
residential development are as follows:
(a)
Single-family detached dwellings containing a minimum of 1,200
square feet, used as a primary residence by the owner.
(b)
Single-family detached zero-lot-line dwellings, single-family
semi-detached dwellings, and single-family attached (townhouse) dwellings.
Single-family attached dwellings shall not consist of more than four
contiguous units.
(2)
Non-residential Uses. Certain additional uses as listed below,
may be developed in conjunction with an age-restricted residential
development, provided that none are intended as an independent, freestanding
commercial use:
(a)
Community center for the exclusive use of residents of the community
and their guests. The community center shall provide a minimum of
1,500 square feet. A community center may include the following:
(b)
Outdoor recreational facilities for the exclusive use of residents
of the community and their guests including, but not limited to, tennis
courts, swimming pools, fitness/jogging/walking/bicycling trails,
practice golf green, or similar facilities. In addition, as a result
of the unique nature of an age-restricted residential development,
the requirements for the open space areas shall be as prescribed in
this Part.
(c)
Gatehouse (security hut) and appurtenances related thereto (gates,
automated card readers and similar facilities).
(d)
Entry features consisting of signage and related structures
(fences, pillars, walls, landscape features, lighting and similar
facilities).
(e)
Utility structures and appurtenances related to public and community
utility facilities (water tanks, pump stations, and similar facilities).
(f)
Accessory uses customarily incidental to the other uses permitted
in this Part.
C.
Development Regulations.
(1)
Density. The maximum density for an age-restricted residential
development shall be six dwelling units per gross acre.
(2)
Lotting. The community shall be developed as a planned unit
development with the unit owners owning the ground under the footprint
of their unit only. The remainder of the land will be owned in common
by unit owners of the community via a homeowners association or similar
entity, as approved by the Township.
(3)
Open Space. A minimum of 50% of the gross tract area shall be
permanently preserved, either through deed restriction, declaration
of restrictive covenants, or by dedication to the Township (at the
discretion of the Board of Supervisors and stated as a condition of
the conditional use approval). The required open space shall comply
with the following:
(a)
Open space shall be designed to encourage the preservation of
existing environmental features.
(b)
Active open space shall be provided. These amenities shall include
walking trails and may include picnic pavilions, horseshoe pits, bocce
courts, tennis courts, and like facilities.
(c)
Stormwater control facilities, including basins, swales, underground
appurtenances, may be located within the open space. Stormwater control
facilities may not occupy more than 40% of the required open space.
(d)
All open space areas provided, exclusive of any offered for
dedication to and accepted by the Township, shall be maintained by
a homeowner's association or similar entity, as approved by the
Township.
(4)
Existing Public Road and Tract Boundary Setback. There shall
be a minimum building setback of 75 feet from the subject tract's
boundary and from an existing frontage roadway as measured from the
prescribed ultimate right-of-way line.
(5)
Roads. Private roads may be developed for an age-restricted
residential development, however adequate provisions shall be made
for the provision of sidewalks or pedestrian pathways to provide for
safe access to the public streets. Public or private roads shall be
designed to Township standards.
(6)
Other Building Setbacks. In addition to those prescribed in
other subsections of this section, building setbacks shall be as listed
below, unless a greater setback is required by other provisions of
this chapter.
(b)
Distance between sides of two adjacent building units: 35 feet
at the closest point between any two buildings measured from the building
foundation wall, but the average minimum distance between the front
and rear corners of any two adjacent buildings shall be 45 feet.
(c)
Distance between the rear of two adjacent buildings (or between
the side of one dwelling and the rear of an adjacent dwelling): 75
feet.
(d)
From a common parking area serving residential units (or access
road thereto): 30 feet.
(e)
From a dwelling to an outdoor recreation facility associated
with the development but not housed in a building: 30 feet.
(f)
From a dwelling to another permitted non-residential building
or parking area serving non-residential uses within the community:
50 feet.
(g)
The front building line of no more than two adjacent buildings
may be on the same plane. All other buildings must have the front
building line either on an arc or offset from adjacent buildings by
at least five feet.
(7)
(9)
Architectural Standards. Age-restricted dwellings shall be subject
to the following standards:
(a)
As part of the conditional use application, the applicant shall
prepare a set of architectural renderings for the homes and the community
center, if applicable, including floor plans, elevations, perspective
sketches and a list of building materials. The architectural characteristics
shall be approved as a condition of the conditional use approval and
shall be recorded with the development plans. It is not the intent
of the Township to dictate the architectural characteristics, but
that an acceptable set of standards be chosen by the applicant and
adhered to throughout the development.
(b)
All residential dwelling units shall be provided with garages.
A minimum of 80% of the end single-family attached dwelling units
shall have two car side entry garages. Any side entry garage unit
shall have a backup area as part of the driveway.
(c)
At least 50% of the front elevation of any residential structure
shall be a masonry product (i.e., stone, cultured stone, stucco, brick,
etc.)
(d)
There shall be a minimum of at least one and 1.5 foot variations
a minimum of 15 feet apart on the side elevation of the units. The
required variation may be accomplished through the use of bay windows,
porch roofs, second floor hip roofs, etc.
(e)
There shall be a minimum of one break being defined as a variation
in the elevation of at least 1.5 feet per unit to the rear elevation
of each residential structure through the use of differing footprints
or changes in the gable, or other roofline variations.
(f)
Ridge and fascia lines of the building roofs may not align for
more than two consecutive units.
(10)
Utilities. All proposed utility lines (electrical, telephone,
cable TV, internal security system lines, etc.) within the age-restricted
residential development shall be placed underground.
(11)
Parking. Parking requirements shall be as follows:
(a)
Dwelling Units. Two spaces per unit. Enclosed garage shall count
toward this requirement.
(b)
Guest Parking. Three-fourths parking space per unit. Guest parking
shall be within 200 feet of 90% of the units, and the remaining spaces
must be no greater than 300 feet from a guest parking space.
(c)
Community center parking shall be based on the maximum legal occupancy as defined by the Uniform Construction Code [Chapter 5, Part 1]. Three-fourths space shall be provided for each person of maximum legal occupancy. Additionally, at least one loading space shall be provided for any community center facility.
(12)
Trash and Refuse Areas. Provisions shall be made for the storage
of trash, refuse, garbage, and recyclables, whether inside a building(s)
or within a walled or fenced area outside the building(s). The walls
or fences of such trash and refuse areas shall shield the contents
of the enclosure from direct view from any residences and shall be
of compatible design and materials with the building(s) which it services.
Proper ingress and egress shall be provided for removal of the trash,
refuse, garbage, and recyclables without conflict with parked vehicles
or circulation within the parking area. Around the non-parking lot
side(s) of any enclosure, landscaping shall be provided to soften
the appearance of the enclosure.
D.
Homeowners Association. A homeowners association declaration shall
be approved by the Township and recorded. The declaration shall provide
all of the restrictions necessary to assure that a proposed development
will operate as depicted on the approved record subdivision and land
development plan and be in compliance with the Federal Fair Housing
Act amendments of 1988, as amended. The declaration shall permanently
bind a minimum of 80% of the dwellings to be permanently occupied
by at least one person age 55 or older; a greater percentage may be
so restricted as part of the declaration. No permanent occupant of
any age-qualified dwelling may be less than 18 years of age.
[Ord. 2013-01, 2/11/2013]
1.
A flex space industrial building is permitted in the GI Zoning District,
subject to the following requirements.
A.
A flex space industrial building is a principally industrial property
designed to provide its occupants with flexibility of utilizing the
space, usually by providing a configuration allowing a flexible amount
of office or showroom space in combination with manufacturing, laboratory,
warehouse distribution, etc. Typically this design also provides the
flexibility to relocate overhead doors and is generally constructed
with little or no common areas, load bearing floors, loading dock
facilities and high ceilings.
B.
A flex space industrial building shall be owned by a single person
or business entity.
C.
Uses permitted within a flex space industrial building shall be limited
to those light to medium industrial uses combined with office and
retail display accessory uses as permitted within the GI Zoning District.
D.
A flex space industrial building shall consist of no less than 25%
office and retail combined with no more than 75% of the total floor
area devoted to light industrial uses including research and development,
light manufacturing, processing, storage and/or warehousing.
E.
The submission of a land development plan will be required for the
development of any flex space building on a lot.
F.
Parking requirements shall be established for a flex space industrial
building by using a 30/70% mix of office and manufacturing/warehousing
floor areas, plus the provision for loading spaces.
G.
As part of the land development plan application the applicant shall
estimate maximum sewer and water needs based upon percentage mix and
proposed used in order to establish sewer EDU and water supply service
requirements.
H.
Each proposed tenant within a flex space industrial building shall
be required to secure a zoning permit in addition to any other required.
The new tenant permit applications shall also include a tabular update
of the existing and proposed (for new tenant) flex space building
parking and sewer EDU utilization to document the building/sites ability
to support the new tenant in compliance with Township requirements.
