A.
The overall intent of these supplementary provisions is to identify
certain supplementary regulations and standards which are either common
to all zoning districts or pertinent to several zoning districts as
stated herein.
B.
Overall requirements.
(1)
Every principal permitted building shall be built upon a lot
with frontage upon a public or private street improved to meet Township
standards or for which such improvements have been insured by the
posting of a performance guaranty pursuant to the Subdivision Regulations
of the Township. Such frontage shall be in accordance with that specified
in the article pertaining to the particular district in which such
lot is located.
(2)
No more than one permitted principal use shall be permitted
on a lot, except where multiple use (as part of a planned business
center or planned hospital, medical/health campus), mixed-use and
multiple tenant occupancy is permitted in the D, PRD, SC-1, SC-2,
SU, E and F Districts.
(3)
No activities which require the moving of earth or the filling
or excavation of an area shall occur without a building permit issued
by the Code Enforcement Officer. Finish grading or incidental grading
of a lot and minor earthmoving from one place to another on a lot
for the establishment of a yard or for landscaping shall not require
a building permit. The deposit of soils, detritus or other debris
which would be unsightly or detrimental to surrounding properties,
streets, sewers and natural watercourses as a result of site preparation,
grading and/or excavating shall be prohibited.
(4)
No building may be erected, altered or used and no lot or premises may be used for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibrations, illumination or noise. No internal-combustion engine shall be used without the proper noise muffler or device. All uses and development shall be in complete conformance with the environmental controls in § 143-113.
(5)
No lot or premises shall hereafter be subdivided or reduced
in size or area in any manner so as to leave any building or structure
so located as to violate the provisions of this or any other ordinance
of the Township of Springfield.
(6)
No lot or premises in any part of the Township shall be used
to keep or raise any chickens, ducks, pigeons or other fowl or any
rabbits, hares, guinea pigs, white mice, hamsters or any other small
animals, with the exception of specimens kept as household pets, provided
that the keeping of the same shall not cause a nuisance. No lot or
premises in any part of the Township shall be used to keep or raise
any horses, cows, cattle, sheep or any other farm animals or wild
animals and reptiles, whether domesticated or not.
(7)
In No outdoor parking or storage of disabled, dismantled or partially dismantled vehicles, boats or other forms of transport which may be considered an abandoned vehicle and/or junk vehicle as defined in this chapter (§ 143-9) shall be permitted in any zoning district, except that vehicle repair shops with a valid use and occupancy permit may store such vehicles on the premises for a maximum of 30 days.
(8)
The parking or storage of a recreational vehicle (as defined in § 143-9) used in connection with residential occupancy activities in A, B and C Residence Districts, in the D Residential Apartment District or in a PRD Planned Residential Development District shall only be permitted where said transport is owned or leased by the resident of the premises and shall only be permitted on the premises when parked in back of a line with the front of said residence building. In case of a corner lot, the parking or storage area for the aforementioned shall also be maintained behind the side yard setback line on the street side of said residence building. Recreational vehicles shall also be parked in accordance with the provisions of Article XIII, Flood Hazard District, § 143-94.
[Amended 8-11-2015 by Ord. No. 1558]
(9)
All sales conducted and services performed as part of a permitted
use, including the storage and/or display of merchandise, shall be
conducted within the confines of a building unless otherwise permitted
in this ordinance.
(10)
Temporary sanitation facilities used during construction or
other permitted activities shall be located to the side or rear of
a property and shall be screened from public view by the landscaping
or opaque fencing that is at least six feet in height.
A.
Lot area and yard requirements. The lot or yard requirements for
any permitted building or use shall not include any part of a lot
that is required by any other permitted building or use to comply
with the requirements of this ordinance. No required lot area or yard
shall include any property, the ownership of which has been transferred
subsequent to the effective date of this ordinance, if such property
was a part of the area required for compliance with the dimensional
requirements applicable to the lot from which such transfer was made.
B.
Minimum lot area and lot area per dwelling unit. Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser area, except as provided in Subsection D below.
C.
Minimum lot width. Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than required under the applicable zoning district, except as provided in Subsection D below.
E.
Front yard regulations. Where a minimum depth of front yard is specified
in a district, an open space of at least the specified depth shall
be provided between the street line or lines and the nearest point
of any building or structure except as may be hereinafter permitted.
F.
Exception to required front yard for certain accessory uses. The
front yard requirements for any district shall not apply to permitted
accessory signs, driveways, sidewalks, flagpoles, or lights. Fences
or walls shall be permitted in accordance with the TND Overlay District
regulations.
H.
Projections into required yards.
(1)
No building or structure or part thereof shall be erected within
or shall project into any required yard in any district except:
(a)
Chimneys, balconies, buttresses or cornices, or other similar
projections which shall not encroach more than three feet upon the
required setback nor reduce the remaining yard to less than three
feet.
(2)
No building or structure or part thereof shall encroach into
a front yard in the A, B, or C Residence districts, except as permitted
below:
(a)
One-story bay windows, one-story extensions of existing garages,
and a stairway, which shall not encroach more than five feet upon
the required setback, so that the end of said extension is no closer
than 34 feet to the front lot line in an A Residence District and
no closer than 25 feet to the front lot line in a B or C Residence
District; and
(b)
One-story unenclosed porches may
be constructed in an A, B or C Residence District as follows:
[i]
On corner lots, a maximum projection of 10 feet into the front
yard, provided that such porch is no closer than 25 feet to the front
lot line.
[ii]
On other lots, a maximum projection of 10 feet
into the front yard may be permitted provided that such porch is no
closer than 25 feet to the front lot line.
The Board of Commissioners may grant conditional use approval, pursuant to the standards set forth in § 143-136, to permit the height of spires, steeples, belfries, cupolas or domes not used for human occupancy or for chimneys, ventilating fans, air-conditioning equipment, roof structures for the housing of elevators and/or stairways, fire or parapet walls, skylights, flagpoles, watertanks, utility poles or towers, standards for athletic field lighting and/or sound systems, communications towers, windmills, silos, smokestacks and ornamental or other necessary appurtenances to exceed the height regulations prescribed within this chapter.
No fence or wall, except a retaining wall or a wall of a building
permitted under the terms of this ordinance, over six feet in height
shall be erected within any of the required yards.
All utility services shall be placed underground for every building,
structure, dwelling or other use in all new development or major redevelopment,
unless determined otherwise by the Board of Commissioners as a Conditional
Use.
A.
Exemptions. The use regulations of this ordinance shall apply to
any existing or proposed building or extension thereof used or to
be used by a public utility corporation, unless, upon petition of
the corporation, the Pennsylvania Public Utility Commission shall,
after public hearings, decide that the present or proposed situation
of the building in question is reasonably necessary for the convenience
or welfare of the public. It shall be the responsibility of the Pennsylvania
Public Utility Commission to ensure that both the corporation and
the Township have notice of the hearing and are granted an opportunity
to appear, present witnesses, cross-examine witnesses presented by
other parties and otherwise exercise the rights of a party to the
proceedings.
B.
Lot area and coverage. The minimum lot area and maximum coverage
regulations of this ordinance shall apply to public utility facilities,
unless the Pennsylvania Public Utility Commission decides that the
proposed building in question is reasonably necessary as stated above;
provided, however, that all yard and maximum height regulations shall
apply, except for necessary towers, poles and lightning rods and arresters.
A.
On any lot, no wall, fence or other structures shall be erected or
maintained and no hedge, tree, shrub or other growths shall be planted,
grown or maintained which may cause danger to traffic by obscuring
the view or shall in any other way be a source of danger.
B.
At the intersection of any street with a curb cut or other accessway,
no obstruction of any kind whatsoever of a height greater than 18
inches shall be maintained or permitted within a triangle, the legs
of which, measured from the intersection of the curblines and the
centerline of such curb cut or other accessway shall be 30 feet on
State streets and 25 feet on Township streets.
In order to encourage the sound development of highway frontage
and to minimize traffic congestion and hazard, the following special
provisions shall apply:
A.
All areas for off-street parking, off-street loading and unloading
and the storage or movement of motor vehicles shall be physically
separated from the highway or street by a raised curb, buffer planting
strip, fence, wall, berm or other suitable barrier against unchannelled
motor vehicle entrance or exit, except for necessary accessways or
access roads which provide ingress to and egress from such parking,
loading or storage area. All parking areas or lots shall be designed
to prohibit vehicles from backing out on the street, and the capacity
of each lot shall provide adequate storage area and distribution facilities
upon the lot to prevent backup of vehicles on a public street while
awaiting entry to the lot.
B.
Each use with less than 100 feet of frontage on a public street shall
have not more than one accessway to each such street, and no business
or other use with 100 feet or more of frontage on a public street
shall have more than two accessways to any one street. Where practicable,
access to parking areas shall be provided by a common service driveway
or service street in order to avoid direct access to a public street.
C.
In the case of a planned business center, shopping center, office
complex, group of multifamily dwellings or other dwelling units, or
similar groupings of buildings on a lot in a nonresidential zoning
district, the following shall apply:
(1)
All buildings shall front upon a service street, common parking
lot or similar area and not directly upon a public street.
(2)
All points of vehicular access to and from a public street shall
be located not less than 150 feet from the intersection of any public
street lines; provided, however, that such a point of vehicular access
which, in effect, converts a T-intersection into an intersection of
two streets which cross one another shall be permitted.
(3)
Provision shall be made for safe and efficient ingress and egress
to and from public streets and highways serving the unified development
without undue congestion to or interference with normal traffic flow
within the Township.
(4)
All streets and accessways shall conform to the design standards of Chapter 123, Subdivision and Land Development. Provisions shall be made for adequate signalization, turn, standby and deceleration lanes and similar facilities where desirable.
D.
In the E Business, SU Special Use, F Industrial or SC (1 or 2) Shopping
Center District no nonresidential use or accessory use (including,
but not limited to, ingress, egress, and signage) shall front or be
located on a street which leads into or is adjacent to a residential
zoning district, except as permitted by the Board of Commissioners
as a Conditional Use. The Board of Commissioners may apply at their
discretion conditions and/or restrictions to the use in order to reasonably
insulate (by means of buffer strips and adequate screen plantings
and other use restrictions) the business use from the adjacent residential
area.
Accessory uses, buildings and structures shall include, but
not necessarily be limited to the following:
A.
Uses, buildings and structures accessory to dwellings.
(1)
Private garage, private carport, private parking space, shed,
shelter for pets owned by the property owner, swimming pool, tennis
court, bathhouse and private greenhouse.
B.
Accessory buildings and structures attached to the principal building
shall comply with the area and bulk regulations for the principal
building, unless otherwise specified herein.
C.
Detached accessory buildings and structures shall be separated from
the principal building or structure by a minimum distance of 10 feet
and comply with the provisions of this Ordinance pertaining to setbacks
and building/impervious surface coverage.
D.
Accessory structures in yards. In any district, unless otherwise
specified (or implied by the requirements for a buffer planting strip),
accessory structures or buildings may be located, erected or maintained
in the side yard or in any rear yard, provided that in no case shall
such accessory use, structure or building be closer to any lot line
than three feet, except for fences or walls which define property
boundary lines or serve as a required continuous visual buffer.
E.
Swimming pools. Swimming pools permitted as an accessory use shall
comply with the following conditions and requirements:
(1)
The pool is intended and is to be used solely for the enjoyment
of the occupants of the principal permitted use of the property on
which it is located and their guests.
(2)
Noncommercial swimming pools designated to contain more than
18 inches of water shall be erected in conformity with the following
requirements:
(a)
A permit shall be required to locate, construct or maintain
a noncommercial swimming pool.
(b)
Swimming pools shall be in the rear or side yard only and shall
not be in the front yard. They shall be no closer to a property line
than 10 feet in an A or B Residence District, six feet in the C Residence
District. In every other residential district, the swimming pool shall
maintain setbacks as required for the principal building in accordance
with the zoning district. In no case shall such pool be located under
any electrical lines or over any existing utility lines.
(c)
Every swimming pool shall be entirely enclosed with a fence
in accordance with the International building Code for multifamily
dwellings and the International Residential Code for one and two family
dwellings.
(d)
All swimming pools shall be maintained in accordance with the
Code of Springfield Township.
F.
Tennis courts. Where permitted as an accessory use, tennis courts
shall be located to the rear or side of a building and in no case
shall be located in the front yard. Tennis courts shall not be closer
to a rear or side property line than 10 feet in the A, B or C Residence
Districts; and shall comply with the same setbacks as the principal
building in every other residential district. Tennis court fences
shall be permitted, but shall not exceed 12 feet in height.
G.
Satellite dish antenna. All parabolic ground or roof based reflectors,
together with the pedestal and any other attachments and parts, commonly
referred to as a "dish-shaped antenna," used or intended to receive
electronic signals from a satellite shall conform to the following:
(1)
The diameter of a ground based reflector shall not exceed nine
feet, and the diameter of a roof mounted dish shall not exceed three
feet.
(2)
When ground mounted, the entire structure, including the antenna,
shall not exceed 15 feet in height.
(3)
Antenna shall not be located within a required front yard.
(4)
Any such structure shall meet the setback requirements for an
accessory structure.
(5)
Screening. Any satellite antenna in a residential district that
is ground-mounted and visible from a public street shall be screened
by appropriate evergreen plantings with a minimum height of three
feet between the antenna and any public street, unless the applicant
proves to the satisfaction of the Code Enforcement Officer that screening
in such a location would completely block transmission signals.
(6)
No more than two antennae shall be permitted per dwelling unit.
(7)
Before erecting any such structure, a building permit shall
be obtained.
H.
Radio communication antennas in all districts. All radio communication
antennas and supports shall be in accordance with the International
Building Code and the following:
(1)
All masts, towers, poles and the like shall be located in the
rear yard and shall be set back from any property lines a distance
equal to the height of the structure.
(2)
No more than one radio communication antenna shall be permitted
on any lot.
(3)
Antennas may be permitted to be affixed to the side or rear
of the principal or accessory building.
I.
Private garages and carports. Private garages in every residential
zoning district shall comply with the following:
(1)
The maximum height of any such structure shall be 12 feet.
[Amended 5-8-2012 by Ord. No. 1520]
(a)
The maximum height of any such structure in excess of 12 feet
may be permitted as a special exception; however, in no event shall
any special exception permit the maximum height of such a structure
to exceed 18 feet.
(2)
A maximum of one garage or carport, whether attached or detached,
shall be located on a lot.
(3)
A garage or carport shall be no larger than 24 feet by 24 feet,
unless otherwise approved as a conditional use by the Board of Commissioners.
(4)
A detached garage or carport located in a side yard shall be
a minimum of 90 feet from the street line, or where the lot has a
total depth of less than 120 feet, the distance between the garage
or carport and the street line shall be at least 75% of the total
depth of the lot.
(5)
Such detached garage or carport shall be located at least 10
feet from the principal building.
J.
Sheds. Sheds in every residential zoning district shall comply with
the following:
(1)
The maximum height of any such structure shall be 10 feet.
(2)
The number of sheds on a lot shall be limited to one.
(3)
A shed shall not exceed 168 square feet in area with no wall dimension greater than 14 feet in length and shall be located in the rear yard with a minimum setback of three feet from property lines. (See also Chapter 20, Article III.[1])
[1]
Editor's Note: Former Ch. 20, Building Code, Part 1, General Regulations, adopted 12-17-1931 by Ord. No. 70, as amended, was repealed 10-13-1998 by Ord. No. 1345, and Part 2, BOCA National Building Code, adopted 8-14-1979 by Ord. No. 1012, as amended, was repealed 6-8-2004 by Ord. No. 1418. See now Ch. 134, Uniform Construction Code.
(4)
All sheds shall be placed on a concrete slab equal to the wall
dimensions of the shed.
(5)
A shed permit shall be obtained prior to the erection of any
shed.
A.
Continuation. All structures, uses of structures and uses of land
that do not conform to the regulations of the district in which they
are located after the effective date of this ordinance shall be regarded
as nonconforming, and the following regulations shall apply to them.
B.
Alteration or extension.
(1)
Nonconforming structure. Nonconforming structures may be altered,
reconstructed or enlarged not more than once from the date of enactment
of this ordinance, provided that such alteration, reconstruction or
enlargement does not increase the extent of the nonconformity in accordance
with the following:
(a)
Dimensional setback and yard encroachments. A proposed extension
may be increased by no more than 10% of the dimension of the existing
encroachment as measured from the required setback line.
(b)
Building and impervious surface coverage. Increases shall not
exceed the difference between the actual percentage of lot coverage
less the required lot coverage by more than 10%.
(c)
In no case shall alteration or extension of nonconforming structures
shall not decrease the widths of required buffer planting areas, other
required landscaped areas or in the case of accessory structures,
the three foot minimum yard width.
(2)
Nonconforming lots. A building may be constructed on any lot
which was lawful when created and which, prior to the effective date
of this ordinance, was in single separate ownership duly recorded
by plan or deed, provided that the yard requirements of this ordinance
for the district in which the lot is located are observed.
(3)
Nonconforming uses. Nonconforming uses shall not be altered,
reconstructed, extended or enlarged, except in accordance with the
following provisions:
(a)
Such alteration, reconstruction, extension or enlargement shall be permitted only by special exception under the provisions of Article XX.
(b)
Such alteration, reconstruction, extension or enlargement shall
be only upon the same lot as in existence at the date the use became
nonconforming.
(c)
Any increase in volume or floor area of the nonconforming use
shall not exceed an aggregate of more than 10%, of said volume or
floor area, during the life of the nonconformity.
C.
Restoration. A nonconforming building or any building containing
a nonconforming use wholly or partially destroyed by fire, explosion,
flood or other phenomenon or legally condemned may be reconstructed
and used for the same nonconforming use, provided that reconstruction
of the building shall be commenced within one year from the date the
building was destroyed or condemned and shall be carried on without
interruption or else the nonconforming building or use shall be deemed
to be abandoned.
D.
Ownership. Whenever a lot is sold to a new owner, the lawful nonconforming
use may be continued by the new owner provided that the nonconforming
use has not been deemed abandoned.
E.
Abandonment. If a nonconforming use of a building or land is abandoned for 12 consecutive months, whereby the owner discontinues the use with the intention neither of transferring rights of the property to another owner nor of resuming the use of the property, the subsequent use of such building or land shall conform to the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with Subsection F and that such approved use is initiated within 30 days after the end of the twelve-month period.
F.
Changes. Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another equally restrictive or more restrictive
nonconforming use only if permitted as a special exception by the
Zoning Hearing Board and subject to the following conditions:
(1)
The applicant shall show that a nonconforming use cannot reasonably
be changed to a conforming use.
(2)
The applicant shall show that the proposed change will be no
more objectionable in external effects than the existing nonconforming
use or will be more appropriate than the existing nonconforming use
with regard to:
G.
District changes. Whenever the boundaries of a district are changed
so as to transfer an area from one district to another district, the
foregoing provisions shall also apply to any nonconforming uses or
structures existing in the district to which the area was transferred.
A.
It is the intent of these regulations to prevent land or buildings,
including those permitted by right, by conditional use, by special
exception or by variance, from being used or occupied in any manner
so as to create any dangerous, injurious, noxious or otherwise objectionable
condition, such as fire, explosion or other hazards, noise, vibration,
illumination, odor, glare or heat, conditions conducive to the breeding
of rodents or insects or other substance, condition or elements in
a manner or amount as to adversely affect the surrounding area. All
uses shall operate in conformance with the environmental controls
set forth herein and relevant statutes, codes, rules and other regulations
of the United States government, the Commonwealth of Pennsylvania,
Delaware County, governmental, quasi-governmental and governmentally
regulated bodies, companies and authority entities and other chapters
of the Code of Springfield Township. The most stringent regulation
applicable shall be used.
B.
All plans for proposed development or redevelopment in the Township shall illustrate, depict, note or otherwise demonstrate compliance with this section and in accordance with the requirements of the Subdivision Regulations, Chapter 123.
C.
Noise and odor control. All noise controls shall be governed by Chapter 77 of the Code of Springfield Township. All restaurants, bakeries and uses that exhaust cooking or food processing odors to the atmosphere shall provide a mechanical exhaust system that will eliminate odors.
D.
Vibration control. Operating or permitting the operation of any device
that creates vibration which is above the vibration perception threshold
of an individual standing at or beyond the property boundary of the
source, if on private property, or at 50 feet from the source, if
on a public space or public right-of-way, shall be prohibited. For
the purposes of this section, "vibration perception threshold" means
the minimum ground-or-structure-borne vibrational motion necessary
to cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects. Exception shall be made for equipment used in excavation,
grading or other construction activities.
E.
Storage control.
(1)
No flammable, highly volatile or explosive liquids, solids or gases
shall be stored in bulk above the ground, except that tanks or drums
of fuel directly connecting with energy devices, heating devices or
appliances located and operated on the same lot as the tanks or drums
of fuel may be stored above ground, provided that such tanks or drums
are not more than 2,000 gallons. All such tanks or drums shall be
painted or otherwise coated white or other heat reflective color.
All federal, state and local laws shall be met.
(2)
All outdoor storage facilities for fuel in excess of 55 gallons, raw materials and other products stored outdoors, including those permitted in Subsection E(1) above, shall be enclosed by a fence of a type, construction and size and shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also constitute a visual buffer. All federal, state and local laws shall be met.
(3)
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transported off by any causes or forces
of nature, nor shall any substance which can contaminate a stream
or other watercourse or otherwise render such stream or other watercourse
undesirable as a source of water supply or recreation or which will
destroy or otherwise harm aquatic life be allowed to enter any stream
or other watercourse or cause or contribute to a violation of federal,
state or local law.
(4)
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transported off by any causes or forces
of nature to damage, destroy or create hazards or contamination to
humans, terrestrial wildlife, soil and/or vegetation.
(5)
Underground storage of flammable, combustible, explosive or
other hazardous substances or materials and the construction or installation
of tanks and other receptacles therefor shall be in accordance with
the International Fire Prevention Code and subject to the approval
of the Fire Marshal to the extent such approval is not preempted by
federal or state law. Any such approval, if given, may be given subject
to such conditions as the Fire Marshal or Code Enforcement Officer
deems necessary to protect the public health, welfare and safety.
(6)
All materials or wastes which cause or are reasonably likely
to cause fumes, odors or dust or which constitute a fire-hazard or
which may be edible or otherwise attractive to rodents or insects
shall be stored outdoors only if enclosed in containers adequate to
eliminate such hazards. All federal, state and local laws shall be
met.
F.
Glare, illumination and heat control. Direct or sky-reflected glare,
whether from spotlights, floodlights, signs, lighting fixtures for
off-street parking and loading/unloading facilities so as to illuminate
an adjacent property shall be prohibited. Direct or sky-reflected
glare from high temperature processes such as combustion or welding
or from other source, so as to be visible at the lot line of the receiving
land use shall be prohibited. There shall be no emission or transmission
of heat or heated air so as to be discernible at the lot line of the
receiving land use.
G.
Fire and explosion control. All activities and all storage of flammable
and explosive materials at any point within a lot shall be provided
with adequate safety and fire-fighting devices in accordance with
the International Fire Prevention Code in effect at the time such
activity or storage is occurring.
H.
Traffic control.
(1)
No activity shall occur which would adversely affect traffic
flow and/or present traffic controls within the Township by creating
a level of service below that which is specified in this subsection.
(2)
To minimize potential adverse conditions, the level of service
for traffic along any portion of a road which leads to the points
of ingress and egress of a tract or other proposed property shall
be a level of service C or better. The term "level of service" and
the categories thereof are used herein in accordance with the definitions
or meanings ascribed thereto in the document entitled Highway Capacity
Manual, Special Report 209, Transportation Research Board, 1985, or
any new chapters, supplements, amendments and editions approved by
the Transportation Research Board, National Research Council, Washington,
D.C.
(3)
The determination of levels of service shall be made after an experienced transportation engineer/traffic consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, in particular the following chapters: 471-610, pertaining to engineering and traffic studies; 471-611, pertaining to maintenance and protection of traffic; and 471-615, pertaining to official traffic-control devices. Said study shall indicate compliance with the requirement for a level of service C or better, as set forth in Subsection H(1) above, and shall include the data upon which the conclusions of said study are based, including, without limitation, traffic counts, the hours thereof, the dates thereof and the types of motor vehicles comprising such counts.
(4)
The scope of the traffic study with regard to the intersections
and roadways to be included in the study shall be approved by the
Township Engineer prior to the completion of the study.
(5)
All streets, intersections, and/or individual movements at intersections
showing a level of service below C shall be considered deficient,
and specific recommendations for the elimination of these problems
shall be listed. This listing of recommended improvements shall include,
but not be limited to the following elements: internal circulation
design, site access location and design, external street and intersection
design and improvements, and traffic signal installation and operation,
including signal timing.
I.
Soil erosion, sedimentation and grading control.
(1)
No construction or development activity shall occur unless in
strict compliance with the subdivision regulations and all other code
provisions. Such reference is made to call particular attention to
the controls which shall be exercised when clearing trees and other
vegetation or otherwise changing or altering the land form.
A.
In order to more effectively evaluate subdivision and/or land development
proposals, the applicant shall be required to disclose the environmental
consequences or effects of such proposals through the submission of
an environmental impact assessment (EIA) report.
(1)
An EIA report shall be submitted for the following:
(a)
Any application for tentative, preliminary and/or final plan
approval for a planned residential development or residential development
that creates more than three new residential lots.
(b)
Any preliminary plan for proposed development governed by the
conditional use provisions of this ordinance, which the Board of Commissioners
envisions to have a significant potential impact on the community.
(c)
Any proposed development in the E, SU, SC or F Districts which
the Board of Commissioners envisions to have a significant potential
impact on the community.
(2)
An updated EIA report shall accompany and form a part of the
final plan for any of the above.
B.
The EIA report shall disclose the environmental consequences or effects
of proposed projects and the actions proposed to avoid, remedy and/or
mitigate adverse impacts. The EIA report shall contain text, maps
and analyses in accordance with the outline below.
C.
Seventeen copies of the EIA report shall be submitted. Within the
EIA report, specific emphasis shall be directed toward the proposed
project's effects on and relationship to applicable site, neighborhood
(including areas in adjacent Townships where applicable) and Township-wide
resources, conditions or characteristics. The EIA report shall include
text, tables, maps and analyses for the purpose of describing the
project site, proposed use(s), environmental characteristics and the
environmental effects of the proposal as follows:
(1)
An identification of the site location and area through the use of
a location map drawn at a scale of not more than 2,000 feet to the
inch. The location map shall depict all streets, adjoining properties,
zoning district boundaries and municipal boundaries within 500 feet
of any part of the tract. In the case of development of a section
of the entire tract, the location map shall also show the relationship
of the section to the entire tract.
(2)
An identification of the site character and appearance through the
presentation black and white photographs or copies thereof. Such photographs
shall provide a representation of what the site looks like from the
ground. Photographs should be properly identified or captioned and
shall be keyed to a map of the site.
(3)
An identification of the nature of the proposals through the
presentation of the following:
(a)
A site development plan, including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract and a depiction of the features which are proposed, such as streets, driveways, parking areas, building and other structures and all impervious surfaces. The plan shall be drawn at a scale of not more than 100 feet to the inch and may be submitted as an attachment to the report. The plan shall reflect all the information required under the plan requirements of the Subdivision Regulations, Chapter 123.
(b)
Floor plans and elevations depicting the proposed size, square
footage and height of buildings and/or other structures.
(c)
A statement indicating the existing and proposed ownership of
the tract and, where applicable, the type of ownership, operation
and maintenance proposed for areas devoted to open space or otherwise
not under the control of a single lot owner.
(d)
A statement indicating the proposed staging or phasing of the
project and a map depicting the boundaries of each stage or phase
of the project. Such boundaries shall be superimposed on a version
of the site development plan.
(4)
An identification of physical resources associated with the
natural environment of the tract, including such features as geology,
topography, soils, hydrology and the like. The identification of physical
resources shall include a narrative description of the qualitative
and quantitative aspects of each of the resources mentioned above.
In addition, these resources shall be mapped at a scale of not more
than 100 feet to the inch as specified below and may be either incorporated
into the EIA report or submitted as attachments to the report.
(a)
A map depicting the geological characteristics of the tract.
Such map shall define the location and boundaries of the rock formations
at or influencing the tract and features such as faults and/or fractures.
(b)
A map depicting the topographical characteristics of the tract.
Such map shall contain contours with at least two-foot intervals and
shall depict slopes ranging from: 0% to 15%, 15% to 25% and greater
than 25%.
(c)
A map depicting the soil characteristics of the tract. Such
map shall depict all soil types and shall include a table identifying
soil characteristics pertinent to the proposed subdivision and/or
land development, such as depth of bedrock, depth of water table and
flood hazard potential.
(d)
A map depicting the hydrological characteristics of the tract.
Such map shall depict surface water resources, their drainage characteristics,
watersheds and floodplains and groundwater resources. Surface water
resources include features such as creeks, runs and other streams,
ponds, lakes and other natural bodies of water, springs, wetlands
and any man-made impoundments. Groundwater resources include features
such as aquifers and aquifer recharge areas.
(5)
An identification of biological resource associated with the
natural environment of the tract, including such features as vegetation
and wildlife. The identification of biological resources shall include
a narrative description of each of the resources mentioned above.
In addition, these resources shall be mapped at a scale of not more
than 100 feet to the inch, as specified below, and may be either incorporated
into the EIA report or submitted as attachments to the report.
(a)
A map depicting the vegetation characteristics of the tract.
Such map shall define the locations and boundaries of the woodland
and forest areas of the tract and shall note the types of vegetation
associations which exist in terms of their species types and sizes.
In addition, all trees 12 inches in caliper or greater, shall be accurately
located on the map either as freestanding trees or as tree masses.
(b)
A map depicting characteristics associated with wildlife habitats.
Such map may draw upon vegetation, hydrology and soil maps in order
to express habitat characteristics associated with terrestrial and
aquatic wildlife on the tract and the relationship of the overall
habitat(s).
(6)
An identification of the land use conditions and characteristics
associated with the tract, such as current and past use, land cover
and encumbrances and the relationship of these to adjacent tracts.
The identification of land use conditions and characteristics shall
include a narrative description of the above. In addition, the following
maps, drawn at a scale of not more than 100 feet to the inch, shall
be incorporated into the EIA report or submitted as attachments to
it.
(a)
A map depicting the land cover characteristics of the tract.
Such map shall define existing features, including paved or other
impervious surfaces, woodland and forest areas, cultivated areas,
pasture, old fields, lawns and landscaped areas and the like.
(b)
A map depicting any encumbrances to the tract. Such map shall
define easements and other areas where certain use privileges exist.
(c)
A map depicting the land uses adjacent to the proposed tract.
Such map may be at the same scale as the location map.
(7)
An identification of the historic resources associated with
the tract, such as areas, structures and/or routes and trails which
are significant. Areas, structures and/or routes and trails included
on the National Register of Historic Places, the Pennsylvania Inventory
of Historic Places and the Historic American Building Survey and any
which may be identified in the Comprehensive Plan shall be identified.
The identification of historic resources shall include a narrative
description of the above. In addition, a map, drawn at a scale of
not more than 100 feet to the inch, depicting historic resources shall
be incorporated into the EIA report or submitted as an attachment
to the report.
(8)
An identification of the visual resources associated with the
tract, such as areas which have a particular amenity value and areas
which offer interest in viewing the tract. The identification of visual
resources shall include a narrative description of the above. In addition,
a map, drawn at a scale of not more than 100 feet to the inch, depicting
visual resources shall be incorporated into the EIA report or submitted
as an attachment to the report.
(9)
An identification of the community facility needs associated
with the users and/or residents of the proposed subdivision and/or
land development. The community facility needs assessment shall indicate
in narrative form the type of services which will be in demand. Where
applicable, community facilities (such as schools, park and recreation
areas, libraries, hospitals and other health care facilities, fire
protection, police protection, ambulance and rescue service) shall
be discussed in terms of the ability of existing facilities and services
to accommodate the demands of future users and/or residents of the
lots and/or tract and the need for additional or expanded community
facilities.
(10)
An identification of utility needs associated with the users
and/or residents of the proposed subdivision and/or land development.
The utility needs assessment shall indicate in narrative form the
type of installations which will be in demand. Utilities (such as
those used for water supply, sewage disposal, refuse disposal, storm
drainage, communications and electrical transmission) shall be discussed
in terms of the ability of existing utility installations to accommodate
the demands of the future users and/or residents of the lots and/or
tract, the need for additional or expanded utility installations,
the ability to achieve an adequate system for storm drainage and stormwater
management.
(11)
An identification of the relationship of the transportation and circulation system needs of the proposed subdivision and/or land development to the existing street or highway network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it and expected traffic volumes generated from the subdivision and/or land development, including their relationship to existing traffic volumes on existing streets, for both peak-hour and non-peak-hour traffic conditions. In addition, there shall be a discussion of the physical condition of existing streets which will service the proposed subdivision and/or land development and what improvements are proposed to remedy any physical deficiencies. All of the foregoing shall also adhere to the provisions of § 143-113H.
(12)
An identification of the social and demographic characteristics
related to the proposed subdivision and/or land development. The characteristics
which shall be presented in narrative form shall include a profile
of the future users and/or residents of the lot and/or tract, including
information such as the number of people expected to work or live
at the tract. Such information shall be related to initial and completed
subdivision and/or land development conditions.
(13)
An identification of the economic and fiscal characteristics
related to the proposed subdivision and/or land development. The characteristics
which shall be presented in narrative form shall include a profile
of the Township, county and school district revenues which the proposal
may generate and the Township, county and school district costs it
may create. Such information shall be related to initial and completed
subdivision and land development conditions.
(14)
An identification of characteristics and conditions associated
with existing construction related and future air and water quality
and noise levels, vibration, toxic materials, electrical interference,
odor, glare and heat, smoke, dust, fumes, vapors and gases and/or
radioactive materials.
(16)
The implications of the proposed subdivision and land development in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed subdivision and/or land development to the resources, conditions and characteristics described in Subsection C(4) through (15) above. In addition to a narrative presentation of implications, the applicant shall display where the subdivision and/or land development adversely affects the tract's resources, conditions or characteristics by mapping same at a scale of not more than 100 feet to the inch wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the EIA report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the EIA report how and where the findings in the EIA report and its attachments are reflected in the subdivision and/or land development plan in terms of avoiding or reducing potential adverse effects.
(17)
Alternatives to the proposed subdivision and/or land development.
To indicate such alternatives, the applicant shall comment on how
alternatives such as revised location, redesign, layout or siting
of buildings, roads and other structures, reduction in the size of
proposed structures or number of structures and the like would preclude,
reduce or lessen potential adverse impact or produce beneficial effects.
In addition, the applicant shall submit exhibits or diagrams which
will depict the type of alternatives described in narrative form.
(18)
Probable adverse effects which cannot be precluded. In indicating
such effects, a discussion shall be presented regarding whether they
will have primary or secondary implications, that is, whether the
adverse effects will have direct or indirect influence on a particular
resource, condition or characteristic.
(19)
Measures to mitigate adverse effects. To indicate such measures,
the applicant shall submit exhibits or diagrams which will depict
the type of remedial, protective and mitigative measures described
in narrative form. These measures shall include those required through
existing procedures and standards and those unique to a specific project
as follows:
(a)
Mitigation measures which pertain to existing procedures and
standards are those related to current requirements of the state,
county and/or Township for remedial or protective action, such as
sedimentation and erosion control, stormwater runoff control, water
quality control, air quality control and the like.
(b)
Mitigation measures related to impacts which may be unique to
a specific subdivision and/or land development are those related to
efforts, such as revegetation, screening, fencing, emission control,
traffic control, noise control, relocation of people and/or businesses,
land acquisition and the like.
(20)
Any irreversible environmental changes which would occur due
to the proposed subdivision and/or land development should it be implemented.
To indicate such change, the use of nonrenewable resource during the
initial and continued phases of the subdivision and/or land development
shall be discussed. Further, the loss of environmental resources shall
be indicated through a presentation of the quantity of loss and related
qualitative effects.
D.
In making its evaluation, the Board of Commissioners may request any additional information it deems necessary to adequately assess potential environmental impacts. Further, whenever any information required in Subsection C above is not directly applicable to the proposed project, the applicant shall indicate such inapplicability for each and every such item in the narrative of the EIA report and state why such information is considered to be inapplicable in the case of the particular project in question.
E.
The EIA report shall be prepared by an engineer, architect, landscape
architect or land planner.
A.
Buffer areas as defined in Article II and required in various districts shall be adjacent to a property boundary.
C.
All plantings shall be installed and maintained for the full width
required in a particular district, except that certain structures
may be placed within the buffer area, including:
(1)
The required plantings and related landscape treatment such
as berms, fence or walls which aid in screening and do not conflict
with the character of adjoining properties or block the clear sight
distance required at intersections.
(2)
Appurtenant landscaping structures, such as tree wells, tree
guards and tree grates and retaining walls used to preserve stands
of existing trees or used for other functional purposes.
(3)
Roads which provide direct ingress/egress for the tract, including
appurtenant structures within such road rights-of-way such as curbs,
sidewalks, signs, lighting standards or benches.
(4)
Underground utilities and sewers provided that they are installed
perpendicular to the width of the buffer strip.
A.
Landscaping shall be installed and maintained in accordance with
a landscaping plan approved by the Board of Commissioners. A landscaping
plan shall depict all proposed plantings as required within buffer
areas in the form of a buffer planting strip and in other landscaped
areas which relate to, compliment, screen or accentuate buildings,
roads, parking areas, sidewalks, walkways, sitting areas, service
or maintenance, disposal, loading/unloading areas and/or structures,
courtyards and other structures and site features.
B.
A landscaping plan shall be submitted at the time when all other
required applications and/or plans are submitted. It shall be based
on and reflect the following:
(1)
The functional and aesthetic factors which relate to the tract
and to the principal and accessory buildings and other structures.
(2)
Concealing views to the tract.
(3)
Enhancing views from and within the tract.
(4)
Screening and complimenting proposed buildings and other structures.
(5)
Creating visual interest for the users and/or residents of the
proposed project.
(6)
Using plant materials which are perennial, hardy and acclimated
to the conditions at the tract and within the Township.
C.
The landscaping plan shall include notes, diagrams, sketches or other
depictions to present the consideration and analysis of the following:
(1)
An analysis of the site in terms of the existing views to and
from the areas which are proposed for development, existing topography
and vegetation conditions and other existing conditions which are
relevant to the site.
(2)
An analysis of proposed planting and other landscaping needs
as related to screening buildings and sections of buildings, screening
parking areas and other areas where vehicles are parked, screening
storage and disposal/loading/unloading areas, screening a site from
a more restrictive zoning district, screening site utilities and other
appropriate types of screening and/or buffering.
(3)
The consideration of locations where plantings and other landscaping
is needed to provide visual interest, defined outdoor spaces, compliment
the proposed architectural style and achieve other functional and
aesthetic requirements for buffer areas, buffer planting strips and
other landscaped areas.
(4)
Elevations of a particular area of the landscape plan shall
be provided by the applicant upon request of the Township.
D.
A preliminary and final landscaping plan shall reflect the following
detailed criteria:
(1)
Buffer planting strips shall be installed and maintained in
the buffer areas at the width required in this ordinance to form a
Continuous Visual Buffer. In addition to groundcovers and evergreen
shrubs, the buffer planting strip shall be comprised of two staggered
rows of evergreen trees which are six to eight feet in height at the
time of planting, spaced at nine-foot centers.
(2)
Shade trees shall be provided along all streets where there
are no existing shade trees or to provide additional trees as needed
to comply with the following. When planted, shade trees shall be located
at least three feet beyond the right-of-way line. No less than two-and-one-half-inch
caliper tree shall be planted for each 30 feet of roadway length.
Such trees shall be planted in alternating rows whereby trees on one
side of the street are placed at intervals of 60 feet. However, such
trees may be grouped in certain cases to achieve a particular design
objective when approved by the Shade Tree Commission.
(3)
The outer perimeter of all parking areas shall be screened.
Effective screens may be accomplished through the use of plant materials,
fencing or walls, or use of earthen berms.
(5)
All buildings shall be landscaped in accordance with the following
criteria:
(a)
A combination of evergreen and deciduous trees and shrubs shall
be used as foundation plantings, i.e., plantings to be installed in
reasonably close proximity to the building facades. The spacing of
such plantings shall be in accordance with the chosen plant types.
(b)
One two-and-one-half-inch caliper specimen deciduous tree shall
be planted for every fifty-foot length of building facade measured
from end to end of buildings, without regard to indentations and the
like in the buildings and facades and excluding any enclosed walkway
connectors and elevator cores, such tree to be a minimum of 11 to
13 feet in height at the time of planting; and one eight-to-ten-foot
specimen evergreen tree shall be planted for every 50 feet of length
of building facade.
(c)
Five evergreen and/or deciduous shrubs shall be planted for
every 20 feet of length of building facade.
(d)
Trees and shrubs shall be grouped in accordance with specific
needs and objectives.
(6)
Other landscaping including trees, shrubs and ground-covers
shall be provided along walkways, in courtyards, around sitting areas,
at the entrance to the site and in other highly visible locations,
especially on the outer side of any internal access roads which are
visible from a public street which may adjoin a tract, at the entrance
to buildings and around structures used for service, storage or maintenance
purposes.
(7)
The location, type, size, height and other characteristics of
landscaping shall be subject to the review and approval of the Board
of Commissioners.
E.
The preliminary landscaping plan shall be drawn at a scale of at
least one inch equals 50 feet. It shall be totally coordinated with
the overall site plan and shall contain the following:
(1)
A delineation of existing and proposed plant materials.
(2)
A delineation of other landscaping features, such as berms,
planting beds to be used for herbaceous plants, areas to be devoted
to lawns and other elements of the proposed improvements, such as
fences, walls, berms, retaining walls, lighting, benches, signs, paving,
stone, tree wells and the like.
(3)
One color-rendering of the preliminary landscaping plan shall
be submitted for review by the Township, in addition to the number
of prints which are otherwise required. The color-rendering shall
reflect total coordination with the overall site plan in terms of
its relationship to proposed buildings, roads, parking areas, walks,
walls, fencing, benches, signs, lighting and other like structures.
F.
After the Township has reviewed the preliminary landscaping plan
and submitted comments on the plan to the applicant, a final landscaping
plan shall be submitted. The final landscaping plan shall be drawn
in greater detail than the preliminary plan. It shall be totally coordinated
with the overall site plan and shall contain the following:
(1)
A final version of all of the plan requirements stated in Subsection E above for a preliminary plan.
(2)
A plant list wherein the botanical and common name of proposed
plants are tabulated, along with the quantity, caliper, height and
other characteristics.
(3)
Details for the planting and staking of trees and the planting
of shrubs and any other details which depict other related installation.
(4)
Information on the form of notes or specifications concerning
planting beds to be used for herbaceous plants, areas to be devoted
to lawns and the like. Such information shall convey the proposals
for seeding, sodding, mulching and the like.
(5)
Information regarding the continued maintenance of all plantings
and notes indicating that all plantings will be installed, maintained
and replaced if dead or diseased in locations as shown on the approved
landscaping plan.
G.
Plant characteristics and maintenance.
(1)
All plants shall conform to the standards for nursery stock
of the American Association of Nurserymen.
(2)
Trees and shrubs shall be typical of their species and variety,
have normal growth habits, well-developed, densely foliated branches
and vigorous, fibrous root systems.
(3)
Trees and shrubs shall be free from defects and injuries and
certified by appropriate federal and state authorities to be free
from diseases and insect infestations.
(4)
Trees and shrubs shall be freshly dug and nursery grown. They
shall have been grown under climatic conditions similar to those in
locality of the project or properly acclimated to conditions of the
locality of the project.
(5)
Any tree or shrub which dies within one year of planting shall
be replaced. Any tree or shrub which, within one year of planting
or replanting, is deemed, in the opinion of the Township, not to have
survived or grown in a manner characteristic of its type shall be
replaced. Substitutions for certain species of plants may only be
made when approved by the Board of Commissioners.
(6)
It shall be the responsibility of the landowners, tenants and/or
other occupants of the premises to adequately and properly maintain
the landscaped areas, which responsibility shall include watering,
cleaning of weeds and debris, pruning and trimming, replacement of
dead or diseased plantings and fertilizing to maintain healthy growth.
(7)
The combined evergreen shrub and tree plantings, which shall
constitute a Continuous Visual Buffer, shall be reestablished at the
time of occupancy of any buildings and/or at the time of initiation
of any use, tenancy or occupancy.
(8)
All trees along the right-of-way of any property shall be kept
trimmed nine feet above the sidewalk and 13 feet above all streets.
(9)
All shrubs and other growth abutting the sidewalks shall be
kept cut back six inches from the edge of the sidewalks.
(10)
Existing trees and shrubs at the corner of an intersection and/or
driveways shall be cut to the height of 18 inches from the point of
intersection of street lines back 25 feet for Township roads and 30
feet for State roads, to avoid blocking sight distance to oncoming
traffic, and shrubs or ground covers to be planted shall be of the
dwarf variety and shall not exceed 18 inches in height at maturity.
To provide for and regulate the erection, installation, use and prevention of use of temporary structures, and their relationship with zoning districts, site situations, time and purpose, so that said temporary structure and its use will not become a hazard to the public health, safety, morals and general welfare, as provided in § 143-3 of the Springfield Township Zoning Ordinance of 1985, as amended.
A.
Scope and applicability. Any temporary structure placed, installed
or erected, relocated or maintained in Springfield Township shall
conform to the provisions of this section and its requirements and,
to the extent possible, all other requirements of the Code of the
Township of Springfield, as amended.
B.
Permit required. It shall be unlawful for any person, firm, corporation
or association to place, install, erect, maintain or relocate any
temporary structure without first obtaining a permit from the Code
Enforcement Officer.
C.
Applications.
(1)
Application for a permit shall be made in writing upon a Township
form to the Township Code Enforcement Officer and shall present full
particulars of the proposed structure, as to type, size, shape, materials,
supports, location and height above ground level, use and times as
well as its relationship to the site and surroundings. Structures
such as trailers and trucks shall bear current license plates which
shall be discernible.
(2)
All applications shall be accompanied by a plan drawn to scale
showing the temporary structure, its size and location with respect
to the property boundaries of the lot, existing structures, driveway
access, walks, fire lanes, fire hydrants, off-street parking facilities,
drainage facilities, existing highways, screen plantings, traffic
signals and public rest-room facilities. The application must be accompanied
by written approval of the property owner and shall set out the need
and proposed use of the structure.
E.
Classification of temporary structures by type:
(1)
Type A: tents, pavilions, stretched tarps, screen or lath houses,
canopies, light metal, reeds, plastic or pressed-paper structures.
(It is not intended that Type A structures used in family household
events or social activities in residence districts be subject to these
requirements).
(2)
Type B-1: commercial trucks and trailers left for loading and
unloading purposes.
(3)
Type B-2: commercial trucks and trailers for storage or shelter
purpose.
(4)
Type B-3: commercial trucks and trailers with mounted special
equipment.
(5)
Type B-4: commercial trucks and trailers used for sales purposes,
as well as private recreation vehicles used for commercial activity.
(6)
Type C: parked trucks and trailers left on premises which are
unrelated to the principal use thereon.
(7)
Type D: construction trailers and related structures required
for site construction.
F.
Zoning district restrictions. Temporary structure types, which are
permitted only in the following districts:
(1)
A Residence District, B Residence District, C Residence District,
D Residential Apartment District and PRD Planned Residential Development
District:
G.
Time limitations.
(1)
The various types of temporary structures shall be subject to
time limitations.
(a)
Type A structures, since that will occupy space involving setback,
side yard and rear yard provisions, open space, off-street parking
space and accessways, shall be restricted to remaining on the premises
for the shortest period of time possible and maintained no longer
than 24 hours after completion of the event. In any case, Type A structures
shall not be maintained more than 30 consecutive calendar days. The
exercise of an application for a permit shall not be used more than
one time period annually on a specific or adjacent premises by the
same interested applicant.
(b)
Type B-1 structures shall be limited to a period of time not
in excess of 24 hours on said premises.
(c)
Type B-2 structures shall be limited to timed situations in
which the Code Enforcement Officer shall make a determination as to
the time he/she deems adequate for the purpose, but not in excess
of 30 days.
(d)
Type B-3 structures containing special equipment may be maintained
for only the shortest period of time necessary to accomplish the task
for which they are required, but in no event longer than 30 consecutive
calendar days, in any one period.
(e)
Type B-4 structures shall not be maintained on any premises
(with the exception of duly licensed food vendors operating with a
permit from the Board of Health).
(f)
Type C structures shall not be maintained for a period of time
more than one week in any one year.
(g)
Type D structures may be maintained only during the course of
construction. Their removal from the site shall be accomplished prior
to the issuance of a certificate of occupancy for the construction.
(2)
It is the intent of these requirements to limit the use of temporary
structures. Therefore, any attempt to circumvent the rules, by removing
and returning or repositioning or substituting the structures shall
be considered a violation of this article, and the violator shall
be subject to the penalty provisions of the Zoning Code.
(3)
Time limitation determination. The Code Enforcement Officer
and/or the Board of Commissioners are empowered to set the limited
specified times for the various types of temporary structures weighing
the type, use, minimum need, location and community impact. They shall
have the right to deny the application if, after review, it is found
not to be in the best interest of the Township, or not in strict compliance
with the provisions set out in this Article.
H.
Application review. The applications received by the Code Enforcement
Officer shall be reviewed by said officer and, if the said officer
requires, also by the Fire Marshal, the Police Department, the Health
Officer or by the Board of Commissioners of the Township of Springfield.
I.
Minimum requirements to be met. The Township's officers and the Board
of Commissioners, when reviewing said application, shall consider
the following requirements, to ensure that the proposal will:
(1)
Not adversely affect the health, safety and general welfare
of the Township and the immediate area.
(2)
Not be incompatible with the character and type of development
existing in the area which surrounds the site in terms of size, scale,
height and existing uses.
(3)
Not detract from, nor cause annoyance to neighboring properties,
nor create a negative impact on the regular course of activity of
the immediate neighborhood, or the Township, by reason of noise, light,
fumes or access to property.
(4)
Not create a situation which will cause a possible hazardous
situation of fire, traffic or crowd control, nor endanger public health
and morals.
(5)
Not create a loss or interfere with off-street active parking
spaces normally used for the conduct of existing uses.
(6)
Not allow structures, including guy wires, anchors, etc., to
be closer than five feet from any Township, state or private rights-of-way.
(a)
Provided further that in the A, B and C Residence Districts,
Type B-2 structures are to be located in the side or rear yard. A
Type B-2 structure may be placed in a front yard setback where abrupt
changes in grade or other topographical conditions prohibit the placement
of the structure in the side or rear yard.
J.
Permit issuance or refusal.
(1)
If the Code Enforcement Officer determines that an application is in compliance with the provisions of this ordinance, it shall be his duty to issue the appropriate permit with a time limit stated thereupon and, if he/she determines that an application is not in compliance with the provisions of the code, it shall be his duty to refuse the permit, in which case he may refer the applicant in the method of an appeal to the Zoning Hearing Board, as provided in the Zoning Code (Chapter 143).
(2)
No permit shall be issued to any applicant until any and all
fees incurred, payable to the Township, are paid in full.
A.
Building-mounted communications antennas shall not be located on
any single-family dwelling or two-family dwelling.
B.
Building-mounted communications antennas shall be permitted to exceed
the height limitations of the applicable zoning district by no more
than 20 feet.
C.
Omnidirectional or whip communications antennas shall not exceed
20 feet in height and seven inches in diameter from its design base.
D.
Directional or panel communications antennas shall not exceed five
feet in height and three feet in width.
E.
Any applicant proposing communications antennas to be mounted on
a building or other structure shall submit evidence from a Pennsylvania-registered
engineer certifying that the proposed installation will not exceed
the structural capacity of the building or other structure, considering
wind and other loads associated with the antenna location.
F.
Any applicant proposing communications antennas to be mounted on
a building or other structure shall submit detailed construction and
elevation drawings indicating how the antennas will be mounted on
the structure for review by the Township Engineer for compliance with
Springfield Township's Building Code[1] and other applicable law.
G.
Any applicant proposing communications antennas to be mounted on
a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
H.
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
I.
Communications antennas shall not cause radio frequency interference
with other communications facilities located in Springfield Township.
J.
A communications equipment building shall be subject to the height
and setback requirements of the applicable zoning district for an
accessory structure.
K.
The owner or operator of communications antennas shall be licensed
by the Federal Communications Commission to operate such antennas.
A.
Wind Energy Systems, consisting of a horizontal or vertical axis wind turbine, base, blade, foundation, tower, rotor, transformer, inverter, batteries, and any other associated equipment or component necessary to generate electricity through wind power, may be permitted in residential districts by Conditional Use in accordance with this Section and Article 19, § 143-136.
B.
All components of the Wind Energy System shall be considered accessory
structures and the generation of energy as an accessory use to a principal
residential use. There shall be no commercial use of a wind energy
system, except for that energy generated in excess of the requirements
of the property and purchased by a public utility in accordance with
the law or other government regulations.
C.
Wind energy generation shall be limited to one wind turbine per lot.
D.
Wind turbines shall have a capacity of 10 KW or less.
E.
The maximum height of any wind turbine shall not exceed 45 feet.
The maximum height shall include the height of blades or other components
at the highest point.
F.
All moving parts of a wind turbine shall be a minimum of 10 feet
above the ground.
G.
No wind turbine shall be placed in a front yard.
H.
Wind turbines shall be set back from all property lines a distance
at least equal to the height of the turbine plus 25% of the height.
I.
Noise emitted from the operation of a wind energy system shall be
in accordance with all applicable Township Ordinances.
J.
Wind turbines shall not be illuminated except as otherwise required
by law.
K.
Access to a wind turbine tower shall not be provided any lower than
10 feet above ground level.
L.
There shall be no antennae, advertising, or other items or material
affixed or placed on any component of a wind energy system, except
those required for safety or otherwise permitted by the Township.
M.
The design of wind energy systems shall use materials, colors, textures,
screening and landscaping that will blend components of the system
into the natural setting and existing environment.
N.
A Site Plan shall be prepared and certified by a registered Professional
Engineer and submitted as part of the Conditional Use application.
In addition to the other requirements of this Section, the Site Plan
shall contain the following:
(1)
Property boundaries and identification of neighboring property
owners.
(2)
The location of all man-made structures on the property, as
well as all man-made structures within 100 feet of any proposed wind
turbine.
(3)
All wires and overhead structures, both natural and man-made.
(4)
Soil types where any tower foundation will be constructed.
(5)
Complete structural and engineering details, including narrative
descriptions, demonstrating how the foundation, support and other
parts of the wind energy system will be constructed, installed, and
maintained.
(6)
Information regarding the speed of operation and braking mechanism.
No wind turbine shall be permitted that lacks an automatic braking,
governing, or feathering system to prevent uncontrolled rotation,
over-speeding, and/or excessive pressure on the turbine or any of
its parts.
O.
The Township may require the submission of additional information
during the Conditional Use hearing(s).
P.
Removal of Wind Turbines.
(1)
Any components of a wind energy system that have not been in
active and continuous service for a period of one year shall be removed
from the property to a place of safe and legal disposal.
(2)
Upon removal, the site shall be cleaned, restored, and re-vegetated
to blend with the existing surrounding vegetation.