Township Ofsouth Ta&
e e e m e a Township ofSouth Ta& 0 0 e e e e a e e e. e e e e J e e ZONING ORDINANCE @ a NO. 556 e e e Adopted September 16,1996 e e As Amended by Ordinance No. 558 - adopted 1/7/97, Ordinance No. 595 - adopted a 1/10/00, Ordinance No. 598 - adopted 3/12/01, Ordinance No. 603 - adopted 7/9/01, Ordinance No. 608 - adopted 9/9/02, Ordinance No. 614 - adopted 8/18/03, e Ordinance No. 624 - adopted 12/12/05, Ordinance No. 625 - adopted 12/12/05, a Ordinance No. 626 - adopted 12/12/05 e e e e e 0 TOWNSHIP OF SOUTH PARK
TABLE OF CONTENTS
ARTICLE I BASIC PROVISIONS
SECTION 101 TITLE PAGE 1
SECTION 102 EFFECTIVE DATE PAGE 1
SECTION 103 AUTHORITY PAGE 2
SECTION 104 INTERPRETATION PAGE 2
SECTION 105 COMMUNITY DEVEL P IENT OBJE TIVES PAGE 2-3
SECTION 106 COMPLIANCE PAGE 3
SECTION 107 S EVERABI LlTY PAGE 3
ARTICLE I1 DEFINITIONS
SECTION 201 GENERAL INTERPRETATIONS PAGE 4
SECTION 202 PARTlCULAR MEANI NGS PAGE 4-28
ARTICLE 111 DISTRICT REGULATIONS
SECTION 301 ZONING DISTRICT MAP PAGE 29
SECTION 302 ZONING DISTRICTS PAGE 29-30
SECTION 303 DISTRICT BOUNDARIES PAGE 30
SECTION 304 DISTRICT REGULATIONS PAGE 30-31
1 ARTICLE IV R-I LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT
SECTION 400 PURPOSE PAGE 32
SECTION 401 AUTHORIZED USES PAGE 32-33
SECTION 402 AREA AND BULK REGULATIONS PAGE 33-34
SECTION 403 PARKING AND LOADING PAGE 34
SECTION 404 SIGNS PAGE 34
SECTION 405 SCREENING AND LANDSCAPING PAGE 34
SECTION 406 STORAGE PAGE 34
SECTION 407 FRONTAGE ON PUBLIC STREET PAGE 34
ARTICLE V R-2 MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT
SECTION 500 PURPOSE PAGE 35
SECTION 501 AUTHORIZED USES PAGE 35-36
SECTION 502 AREA AND BULK REGULATIONS PAGE 36-37
SECTION 503 PARKING AND LOADING PAGE 37
SECTION 504 SIGNS PAGE 37
SECTION 505 SCREENING AND LANDSCAPING PAGE 37
SECTION 506 STORAGE PAGE 37
SECTION 507 FRONTAGE ON PUBLIC STREET PAGE 37
ARTICLE VI R-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT
SECTION 600 PURPOSE PAGE 38
SECTION 601 AUTHORIZED USES PAGE 38-39
.. 11 SECTION 602 AREA AND BULK REGULATIONS PAGE 39-40
SECTION 603 PARKING AND LOADING PAGE 40
SECTION 604 SIGNS PAGE 40
SECTION 605 SCREENING AND LANDSCAPING PAGE 40
SECTION 606 STORAGE PAGE 40
SECTION 607 FRONTAGE ON PUBLIC STREET PAGE 40
ARTICLE VI1 R-4 MULTI-FAMILY RESIDENTIAL DISTRICT
SECTION 700 PURPOSE PAGE 41
SECTION 701 AUTHORIZED USES PAGE 41-42
SECTION 702 AREA AND BULK REGULATIONS PAGE 4243
SECTION 703 PARKING AND LOADING PAGE 43
SECTION 704 SIGNS PAGE 43
SECTION 705 SCREENING AND LANDSCAPING PAGE 43
SECTION 706 STORAGE PAGE 43
ARTICLE Vlll R-5 MOBILE HOME PARK DISTRICT
SECTION 800 PURPOSE PAGE 44
SECTION 801 AUTHORIZED USES PAGE 44-45
SECTION 802 AREA AND BULK REGULATIONS PAGE 45-46
SECTION 803 PARKING AND LOADING PAGE 46
SECTION 804 SIGNS PAGE 46
SECTION 805 SCREENING AND LANDSCAPING PAGE 46
SECTION 806 STORAGE PAGE 46
... 111 ARTICLE IX RP REGIONAL PARK DISTRICT
SECTION 900 PURPOSE PAGE 47
SECTION 901 AUTHORIZED USES PAGE 47-48
SECTION 902 AREA AND BULK REGULATIONS PAGE 48
SECTION 903 PARKING AND LOADING PAGE 49
SECTION 904 SIGNS PAGE 49
SECTION 905 SCREENING AND LANDSCAPING PAGE 49
SECTION 906 STORAGE PAGE 49
ARTICLE X C-I COMMUNITY COMMERCIAL DISTRICT
SECTION 1000 PURPOSE PAGE 50
SECTION 1001 AUTHORIZED USES PAGE 50-51
SECTION 1002 AREA AND BULK REGULATIONS PAGE 52
SECTION 1003 PARKING AND LOADING PAGE 52
SECTION 1004 SIGNS PAGE 52
SECTION 1005 SCREENING AND LANDSCAPING PAGE 52
SECTION 1006 STORAGE PAGE 52
ARTICLE XI C-2 SHOPPING CENTER DISTRICT
SECTION 1100 PURPOSE PAGE 53
SECTION 1101 AUTHORIZED USES PAGE 53-54
SECTION 1102 AREA AND BULK REGULATIONS PAGE 54-55
SECTION 1103 PARKING AND LOADING PAGE 55
iv SECTION 1104 SIGNS PAGE 55
SECTION 1105 SCREENING AND LANDSCAPING PAGE 55
SECTION 1106 STORAGE PAGE 55
ARTICLE XI1 C-3 VILLAGE CENTER COMMERCIAL DISTRICT
SECTION 1200 PURPOSE PAGE 56
SECTION 1201 AUTHORIZED USES PAGE 56-58
SECTION 1202 AREA AND BULK REGULATIONS PAGE 58-59
SECTION 1203 PARKING AND LOADING PAGE 59
SECTION 1204 SIGNS PAGE 59
SECTION 1205 SCREENING AND LANDSCAPING PAGE 59
SECTION 1206 STORAGE PAGE 59
ARTICLE Xlll C-4 HEAVY COMMERCIAL DISTRICT
SECTION 1300 PURPOSE PAGE 60
SECTION 1301 AUTHORIZED USES PAGE 60-62
SECTION 1302 AREA AND BULK REGULATIONS PAGE 62-63
SECTION 1303 PARKING AND LOADING PAGE 63
SECTION 1304 SIGNS PAGE 63
SECTION 1305 SCREENING AND LANDSCAPING PAGE 63
SECTION 1306 STORAGE PAGE 63
V ARTICLE XIV C-R CONSERVATION RECREATION DISTRICT
SECTION 1400 PURPOSE PAGE 64
SECTION 1401 AUTHORIZED USES PAGE 64-65
SECTION 1402 AREA AND BULK REGULATIONS PAGE 65-66
SECTION 1403 PARKING AND LOADING PAGE 66
SECTION 1404 SIGNS PAGE 66
SECTION 1405 SCREENING AND LANDSCAPING PAGE 66
SECTION 1406 STORAGE PAGE 66
ARTICLE XV B-P BUSINESS PARK DISTRICT
SECTION 1500 PURPOSE PAGE 67
SECTION 1501 AUTHORIZED USES PAGE 67-68
SECTION 1502 AREA AND BULK REGULATIONS PAGE 68-69
SECTION 1503 PARKING AND LOADING PAGE 69
SECTION 1504 SIGNS PAGE 69
SECTION 1505 SCREENING AND LANDSCAPING PAGE 70
SECTION 1506 STORAGE PAGE 70
ARTICLE XVI 1-1 LIGHT INDUSTRIAL DISTRICT
SECTION 1600 PURPOSE PAGE 71
SECTION 1601 AUTHORIZED USES PAGE 71-72
SECTION 1602 AREA AND BULK REGULATIONS PAGE 72-73
SECTION 1603 PARKING AND LOADING PAGE 73
vi SECTION 604 SIGNS PAGE 73
SECTION 605 SCREENING AND LANDSCAPING PAGE 73
SECTION 1606 STORAGE PAGE 73
ARTICLE XVll 1-2 GENERAL INDUSTRIAL DISTRICT
SECTION 1700 PURPOSE PAGE 74
SECTION 1701 AUTHORIZED USES PAGE 74-75
SECTION 1702 AREA AND BULK REGULATIONS PAGE 75-76
SECTION 1703 PARKING AND LOADING PAGE 76
S ECTlON 704 SIGNS PAGE 76
SECT10N 705 SCREENING AND LANDSCAPING PAGE 76
S ECTlON 706 STORAGE PAGE 76
ARTICLE XVlll PLANNED RESIDENTIAL DEVELOPMENT
SECTION 1800 PURPOSE PAGE 77
SECTION 1801 PROCEDURE PAGE 77
SECTION 1802 MU N ICI PAL IT I ES PLANN I N G COD E PAGE 77
SECTION 1803 ADMINISTRATION PAGE 77
SECTION 1804 ISSUANCE AND REVIEW OF PERMITS PAGE 77
SECTION 1805 DEF IN ITIONS PAGE 78-79
SECTION 1806 DEVELOPMENT STANDARDS PAGE 79-88
SECTION 1807 DEVELOPMENT IN STAGES PAGE 88
vii SECTION 1808 STANDARDS FOR LOCATION AND MANAGEMENT OF OPEN SPACE AND FAClLIT1 ES PAGE 89-91
SECTION 1809 TENTATIVE PRD APPROVAL; HEARINGS PAGE 91-98
SECTION 1810 FINAL PRD APPROVAL; HEARINGS PAGE 98-102
SECTION 1811 MED lATl0N 0PTlO N PAGE 102
SECTION 1812 MISCELLANEOUS PROVISIONS PAGE 102-105
ARTICLE XIX EXPRESS STANDARDS AND CRITERIA FOR GRANTING CONDITIONAL USES AND USES BY SPECIAL EXCEPTION
SECTION 1900 APPLICAB ILlTY PAGE 106
SECTION 1901 PROCEDURE FOR APPROVAL PAGE 106-109
SECTION 1902 GENERAL STANDARDS PAGE 109-110
SECTION 1903 STANDARDS FOR SPECIFIC USES PAGE 110-156
ARTICLE XX SUPPLEMENTARY REGULATIONS
SECTION 2000 GENERAL PAGE 157
SECTION 2001 PERFORMANCE STANDARDS PAGE 157-160
SECTION 2002 SCREENING AND LANDSCAPING PAGE 160-166
SECTION 2003 SPECIAL YARD REQUIREMENTS PAGE 166-171
SECTION 2004 PERMITTED PROJECTIONS INTO REQUIRED YARDS PAGE 171
SECTION 2005 HEI G HT EXCEPTlO N S PAGE 171
SECTION 2006 DRIVE-IN FACILITIES PAGE 172
... Vlll SECTION 2007 TEMPORARY CONSTRUCTION TRAILERS OR SHED, MODEL HOMES OR SALES OFFICES PAGE 172-173
SECTION 2008 BASEMENT STRUCTURES PAGE 173
SECTION 2009 STORAGE PAGE 173-174
SECTION 2010 AMERICANS WITH DISABILITIES (ADA) REQUIREMENTS PAGE 174
SECTION 201 1 HOME OCCUPATIONS PAGE 174-176
SECTION 2012 FRONTAGE ON PUBLIC STREET PAGE 177
SECTION 2013 NO-IMPACT HOME-BASED BUSINESS PAGE 177
ARTICLE XXI OFF-STREET PARKING AND LOADING
SECTION 2100 OFF-STREET PARKING PAGE 178
SECTION 2101 OFF-STREET PARKING DESIGN PAGE 178-182
SECTION 2102 OFF-STREET PARKING REQUIREMENTS PAGE 182-185
SECTION 2103 OFF-STREET LOADING PAGE 185-187
ARTICLE xxss ssew
SECTION 2200 SIGNS PAGE 188
SECTION 2201 TYPES AND CLASSES PAGE 188-191
SECTION 2202 GENERAL REGULATIONS PAGE 191-194
SECTION 2203 SIGNS AUTHORIZED IN ALL ZONING DISTRICTS PAGE 194-196
SECTION 2204 SIGNS AUTHORIZED IN RESIDENTIAL ZONING DISTRICTS PAGE 196-197
SECTION 2205 SIGNS AUTHORIZED IN BUSINESS PARK, COMMERCIAL AND INDU STRIAL DISTRICTS PAGE 197-201
SECTION 2206 BILLBOARDS PAGE 201-205
ix ARTICLE Xxlll NONCONFORMING USES, STRUCTURES AND LOTS
SECTION 2300 APPLICABILITY PAGE 206
SECTION 2301 NONCONFORMING USES PAGE 206-209
SECTION 2302 NONCONFORMING STRUCTURES PAGE 209-210
SECTION 2303 NONCONFORMING LOTS PAGE 210
SECTION 2304 REGISTRATION OF NONCONFORMITY PAGE 210-21 1
ARTICLE XXlV ZONING HEARING BOARD
SECTION 2400 MEMBERSHIP PAGE 212
SECTION 2401 ALTERNATE MEMBERS PAGE 212
SECTION 2402 JURISDICTION OF THE BOARD PAGE 212-213
SECTION 2403 VARIANCES PAGE 213-214
SECTION 2404 USES BY SPECIAL EXCEPTION PAGE 214
SECTION 2405 CONDUCT OF HEARINGS PAGE 214-215
SECTION 2406 FAILURE TO RENDER A DECISION PAGE 215
SECTION 2407 MEDIATION OPTION PAGE 215-216
SECTION 2408 FEES AND EXPENDITURES ' PAGE 216
SECTION 2409 TIM E LIMITATIONS PAGE 217
SECTION 2410 STAY OF PROCEDURES PAGE 217
ARTICLE XXV ADMINISTRATION AND ENFORCEMENT
SECTION 2500 INTENT PAGE 218
SECTION 2501 ZONING OFFICER PAGE 218-225
X SECTION 2502 RESPONSIBILITIES OF THE APPLICANT PAGE 225
SECTION 2503 ENFORCEMENT PAGE 225-227
SECTION 2504 APPLICATION PROCEDURES PAGE 227-229
SECTION 2505 PROCEDURE FOR AMENDMENTS PAGE 229-231
SECTION 2506 LANDOWNDER CURATIVE AMENDMENTS PAGE 231-232
ARTICLE XXVl OPERATIONAL REQUIREMENTS FOR INCINERATORS
SECTION 2600 AP PLICAB ILl TY PAGE 233
SECTION 2601 DEFINITIONS PAGE 233-241
SECTION 2602 GENERAL OPERATIONAL REQUIREMENTS PAGE 242-245
SECTION 2603 BEST AVAILABLE TECHNOLOGY PAGE 245-246
SECTION 2604 0P E RATI N G C RITER IA PAGE 246-247
SECTION 2605 INSTALLATION PERMIT PAGE 247-253
SECTION 2606 OPERATING PERMITS PAGE 253-260
SECiiOPd 2607 REGULATIONS GOVERNING OPERATIONS PAGE 260-261
SECTION 2608 EMERGENCY PROCEDURES PAGE 261
SECTION 2609 RECORD KEEPING AND REPORTING PAGE 261
SECTION 2610 INSURANCE AND BONDING PAGE 261-262
SECTION 261 1 INSPECTIONS PAGE 262
SECTION 2612 AIR POLLUTION EPISODES PAGE 262-263
SECTION 2613 STORAGE AND TRANSPORTATION PAGE 263
xi APPENDIX “A” “ILLUSTRATION OF BUFFER AREAS”
APPENDIX “B” “ILLUSTRATION OF CLEAR SIGHT TRIANGLE”
APPENDIX “C” “ACCEPTABLE PLANT TYPES FOR BUFFER AREAS”
APPENDIX “D” “ILLUSTRATION OF BUFFER AREAS FOR PLANNED RESIDENTIAL DEVELOPMENTS”
TABLE “A” “AUTHORIZED USES IN RESIDENTIAL ZONING DISTRICTS” PAGE AI-A2
TABLE “B” “AUTHORIZED USES IN NON RESIDENTIAL ZONING DISTRICTS” PAGE Bl-B5
xii TOWNSHIP OF SOUTH PARK
ZONING ORDINANCE
ORDINANCE NO. 556
AN ORDINANCE REPEALING AND REPLACING CHAPTER 137 OFTHE CODE OF THE TOWNSHIP ENTITLED "ZONING ORDINANCE OF THE TOWNSHIP OF SOUTH PARK" to define terms used in the Ordinance; to regulate the location and use of structures and land for residences, business, industry and other purposes; to regulate the height of structures, the percentage of lot covered by structures, the size of lots, the size of yards and other open spaces; to specify standards and criteria for conditional uses and uses by special exception; to establish requirements for off- street parking and loading, signage, landscaping and other lot improvements; to establish standards for Planned Residential Development; to regulate nonconforming uses, structures and lots; to establish provisions for the administration and enforcement of the Ordinance; to prescribe powers and duties of the Zoning Hearing Board; and to establish procedures for amending the Ordinance.
BE IT HEREBY ORDAINED AND ENACTED by the Board of Supervisors of the Township of South Park, Allegheny County, Pennsylvania, as follows:
ARTICLE I
BASIC PROVISIONS
SECTION 101 TITLE
The official title of this Ordinance is "South Park Township Zoning Ordinance."
SECTION 102 EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption by the Board of Supervisors.
1 SECTION 103 AUTHORITY
This Ordinance is adopted by virtue of the authority granted to the Township by the Commonwealth of Pennsylvania in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 (P.S. 10101 et. seq., as may be amended from time to time.
SECTION 104 INTERPRETATION
In the event of conflicts between the provisions of this Ordinance and any other ordinance or regulation, the more restrictive provisions shall apply.
In their interpretation and application, the provisions of this Ordinance shall be considered minimum requirements adopted for the promotion of the health, safety and general welfare of the public.
In interpreting the language of this Ordinance to determine the extent of the restriction upon the use of property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the Board of Supervisors, in favor of the property owner and against any implied extension of the restriction.
SECTION 105 COMMUNITY DEVELOPMENT OBJECTIVES
Community Development Objectives are set forth in the South Park Township 1995 Comprehensive Plan Update adopted by the Board of Supervisors on SeDtember 16.1996. In addition to the specific objectives stated in the 1995 Comprehensive Plan Update, the general community development objectives on which this Ordinance is based are:
A. To promote the interest of public health, safety, morals and the general welfare;
B. To secure safety from fire and to provide adequate open spaces for light and air;
C. To conserve and stabilize property values;
D. To preserve woodlands, open space, recreational, agricultural and environmental sensitive lands from conflict with urban development;
E. To facilitate the economic provision of adequate transportation, water sewerage, schools, parks and other public requirements; and
F. To prevent the overcrowding of land, blight, danger and congestion in travel and
2 transportation, loss of health, life or property from fire, flood, panic or other dangers.
G. To promote storm water management, soil and water conservation;
H. To set forth population density controls;
1. To promote coordinated and practical community development; and
J. To promote the utilization of renewable energy sources.
SECTION 106 COMPLIANCE
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted or enlarged; nor shall any structure or land be used or designed to be used, except in full compliance with all the provisions of this Ordinance and after the lawful issuance of all permits and certificates required by this Ordinance.
SECTION 107 SEVERABILITY
I' If any of the provisions of this Ordinance or the application of any provision to particular circumstances is held to be invalid, the remainder of the Ordinance or the application of such provision to other circumstances shall not be affected.
3 ARTICLE II
DEFINITIONS
SECTION 201 GENERAL INTERPRETATIONS
All words used in this Ordinance shall carry their customary dictionary definitions as provided in the most recent edition of Webster's Collegiate Dictionary, except where specifically defined herein. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "shall" is always mandatory and not permissive; the word "may" is permissive. The words "used" or "occupied," as applied to any land or structures, shall be construed to include the words "intended, arranged or designed to be used or occupied." The word "person" shall include the individual, corporation, partnership, incorporated association or any other entity. Words in the masculine gender shall include the feminine gender.
SECTION 202 PARTICULAR MEANINGS
The following words and phrases shall have the particular meaning specified in the purpose of interpreting this Ordinance.
ACCESSORY STORAGE BUILDING -An accessory structure on a residential lot used for the storage of personal property owned by the residents of the dwelling to which it is accessory.
ACCESSORY USE OR STRUCTURE -A use or structure, located on the same lot with the principal use or structure, that is subordinate and incidental to the principal structure or use of the property and which may occupy a separate structure and/or area on or in the ground.
ADULT ARCADE - Any place where the public is permitted or invited wherein coin- operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas, as defined herein.
ADULT BOOKSTORE -An establishment having a substantial or significant portion of its stock in trade, including but not limited to, video cassettes, movies, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to sexual conduct or nudity, as defined by this Chapter, or an establishment with a segment or section devoted to the sale or display of such material.
4 ADULT BUSINESS -An adult arcade, adult bookstore, adult live theater, adult mini-motion picture theater, adult motion picture theater, adult motel or a nightclub featuring adult entertainment, as defined herein.
ADULT ENTERTAINMENT - Movies which are rated "XI by the Motion Picture Coding Association, videos, still or motion pictures, photographs, slides, films or other visual representations, books, magazines or other printed material or live dramatic, musical or dance performances which are sexually explicit or depict nudity or sexual conduct, as defined herein.
ADULT LIVE THEATER - Any commercial establishment which features live shows for public viewing in which all, or some, of the performers are displaying nudity or engaging in sexual conduct, as defined herein.
ADULT MINI-MOTION PICTURE THEATER - An enclosed building with a capacity for accommodating less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual conduct or nudity, as defined herein.
ADULT MOTION PICTURE THEATER - An enclosed building with a capacity for accommodating fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual conduct or nudity, as defined herein.
ADULT MOTEL - A hotel or motel presenting adult motion pictures by means of closed circuit television, the material being presented having as a dominant theme or distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual conduct or nudity, as defined herein.
ALTERATIONS - See STRUCTURAL ALTERATIONS.
AMUSEMENT CENTER - Any premises or part thereof, including a theater, hall, auditorium, tent, structure, building or enclosure of any type within which is produced, offered, presented or operated any public amusement or amusement game.
ANIMAL HOSPITAL - An establishment for the medical or surgical treatment of animals, including the boarding of hospitalized animals, but excluding the boarding of animals not subjected to medical or surgical treatment.
APARTMENT ABOVE OFFICE OR RETAIL -Adwelling unit located above the street floor and in the same building with an office or retail establishment which meets the requirements of this Chapter.
5 ARTERIAL STREET - A public street which serves large volumes of high speed and long distance traffic. Streets classified as arterial in the Township for the purposes of interpreting this Chapter are: PA Route 88 (Library Road), Broughton Road, Brownsville Road and Cochrans Mill Road.
ASSEMBLY HALL - A room, hall or building used for lectures, meetings and gatherings, other than a religious convocation.
AUTOMOBILE SERVICE STATION - See SERVICE STATION, AUTOMOBILE.
BAKERY, COMMERCIAL -A retail or wholesale establishment which sells baked goods to businesses and which may sell to the general public and which involves on-site processing of baked goods, either for sale on the premises and/or for delivery to other retail or wholesale outlets.
BAKERY, RETAIL - A retail establishment which sells baked goods and confections to businesses and the general public and which may involve on-site processing of the goods offered for sale on the premises, but which shall not include on-site processing of goods for delivery to other retail or wholesale outlets.
BAR OR TAVERN - A business which sells alcoholic beverages for consumption on the premises as the principal use and offers food for consumption on the premises as an accessory use.
BASEMENT -That portion of a building having at least one-half (%) of its height above the average grade of the adjoining ground.
BED AND BREAKFAST - A dwelling which is the principal residence of the operator where no more than four (4) sleeping rooms and breakfast are offered to transient overnight guests for compensation and where the only meal served to guests on the premises is breakfast.
BEVERAGE DISTRIBUTOR - An establishment, licensed by the Commonwealth for retail and wholesale sales by the case to businesses and the general public of beer and other malt beverages, soft drinks and snacks, but not including the sale of wine or liquor.
BILLBOARD - Any sign, as defined herein, which advertises an establishment; person, activity, product or service which is unrelated to or not available on the premises on which the sign is located.
BOARD OF SUPERVISORS - The Board of Supervisors of the Township of South Park, Allegheny County, Pennsylvania.
6 BUFFER AREA - A landscaped area which meets the specifications of Section 2002 of this Ordinance.
BUILDING - Any structure having enclosing walls and roofs and having a permanent location on the land. (See also COMPLETELY ENCLOSED BUILDING)
BUILDING AREA - The total of areas taken on a horizontal plane at the finished grade level of the principal building and all accessory buildings, excluding of one-story uncovered porches, bay windows, balconies, terraces and steps.
BUILDING HEIGHT - The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof.
BUILDING INSPECTOR - The person appointed by the Board of Supervisors to administer and enforce the Township Building Code.
BUILDING LINE, FRONT - A line parallel to or concentric with the front lot line, the minimum measurement of which is the front yard depth required by this Chapter.
BUILDING PERMIT - A permit issued by the Township Building Inspector pursuant to the authority granted by and in conformance with the requirements of the Building Code of the Township of South Park.
BUSINESS PARK - A site under single ownership and control which is developed as a unit for two (2) or more buildings or lots which utilize a common means of access and may share other common facilities such as parking, signs or common open areas.
BUSINESS OR PROFESSIONAL OFFICES - Any office of recognized professions such as doctors, lawyers, architects, engineers, real estate brokers, insurance agents and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing or other administrative functions, but not including banks or other financial institutions.
BUSINESS SERVICES - Establishmentsengaged in providing services to business offices on a fee or contract basis, including, but not limited to, advertising and public relations; management and consulting services; employment services; building security and maintenance services; equipment servicing, rentalAeasing and sales; computer and data processing services; mailing, photocopying, quick printing and fax services; sale of office supplies; and similar business services; but not including the rental, sales or repair of vehicles or heavy equipment.
CANDY OR ICE CREAM STORE - A retail establishment which sells candy and/or ice cream and which may include on-site processing of the products sold on the premises, but
7 which shall not include on-site processing of products for delivery off the premises.
CAR WASH - A facility, whether automatic, semi-automatic or manual, for washing ve h icles.
CARPORT - A structure to house or protect motor vehicles, which is open to the weather for at least forty percent (40%) of the total area of its sides.
CELLAR - That portion of a building having one-half (%) or more of its height below the average grade of the adjoining ground.
CEMETERY - Property used for interring of dead persons or domestic pets, including mausoleums and columbariums, but not including crematoriums or family plots.
CERTIFICATE OF USE AND OCCUPANCY - A document issued by the Township Zoning Officer stating that the proposed use of a particular structure, building or lot conforms to the requirements of this Chapter.
CLINIC - An establishment where human patients receive medical, dental, chiropractic, psychological and surgical diagnosis, treatment and counseling under the care of a group of licensed medical doctors and/or dentists and their supporting staff, where said patients are not provided with board or room or kept overnight on the premises.
CLUB, PRIVATE - See PRIVATE CLUB
CODE ENFORCEMENT OFFICER - A person appointed by the Township Supervisors to enforce the provisions of various Chapters of the Code of the Township.
COLLECTION AND RECYCLING FACILITY - A center for the acceptance and processing of recyclable materials from the public. Recyclable materials shall be limited to glass containers, plastic containers, aluminum beverage cans, steellbi-metal containers, newsprint, high grade office paper and corrugated paper. Processing of recyclable materials shall be limited to crushing, baling, chipping, shredding or other operations which physically reduce the mass of the materials but which do not alter their composition in any way.
COLLECTOR STREET -A public street which, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial roads. Streets classified as collector roads in the Township for the purposes of interpreting this Chapter are: Brownsville Road Extension, Corrigan Drive, East Park Drive, McElhaney Road, Piney Fork Road, Ridge Road, Riggs Road, Sleepy Hollow Road, Snowden Road, Stewart Road, Stoltz Road, Wallace Road and Wilson Road.
8 COMMERCIAL RECREATION - See RECREATION, COMMERCIAL.
COMMERCIAL SCHOOL - A privately operated, for-profit establishment providing technical or skilled training, vocational or trade educational courses and programs.
COMMON OPEN SPACE - A lot or portion thereof or body of water or a combination thereof within a development site for the use and enjoyment of the residents of a Planned Residential Development, not including streets, off-street parking areas and areas set aside for facilities for the general public.
COMMONWEALTH - The Commonwealth of Pennsylvania
COMPLETELY ENCLOSED BUILDING - A building which has four (4) walls and a roof designed so that all the walls are solid from the ground to the roof, containing no openings other than windows and doors.
COMPREHENSIVE PLAN - The Comprehensive Plan of the Township which guides the physical development of the Borough and which consists of maps, charts and textual matter in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
CONDITIONAL USE -A use authorized by this Chapter which may be granted only by the Board of Supervisors following review by the Planning Commission and a public hearing subject to express standards and criteria contained in this Chapter.
CONFERENCE CENTER- A facility used for corporate or professional meetings, seminars and/or employee training, where all training is conducted within a completely enclosed building, and which may include lodging, dining and recreational facilities for the attendees.
CONSTRUCTION TRAILER, TEMPORARY - A structure designed, used or constructed, so as to be used for a period of six (6) months or less, to provide temporary offices for land sales or construction supervision on the site of an approved subdivision or land development during the time that a valid building permit or grading permit is in effect.
CONTRACTING BUSINESS - The administrative offices of a business that provides landscaping, construction, remodeling, home improvement, land development and related services on a contractual basis and which may include the storage of materials, equipment and vehicles, provided all materials, equipment and vehicles are stored within a completely enclosed building.
CONTRACTORS YARD -An establishment which may or may not include administrative offices for a business that provides landscaping, construction, remodeling, home
9 improvements, land development and related services on a contractual basis, but which involves the storage either indoors or outdoors, of materials, equipment and vehicles used in the business.
CONVENIENCE STORE - A retail establishment which does not exceed five thousand (5,000) square feet in gross floor area and which offers a limited selection of grocery, household and personal items for quick purchase and which may include the dispensing of gasoline.
CORNER LOT - A lot at the intersection of, and fronting on, two (2) or more street rights of way.
COVERAGE - See LOT COVERAGE
DAY CARE CENTER -A facility, licensed by the Commonwealth, located within a building which is not used as a dwelling unit, for the care, on a regular basis, during part of a twenty-four (24) hour day of children under the age of sixteen (16), or of elderly persons or handicapped adults of any age.
DELICATESSEN -A retail establishment, other than a restaurant, which sells ready-to-eat food products such as cooked meats and prepared salads, primarily for consumption off the premises, but which may provide a few tables or a counter for on-premises consumption as an accessory use and which may include off-premises catering.
DENSITY - The number of dwelling units per acre of land area.
DISTRICT - See ZONING DISTRICT.
DOMESTIC PETS -Animals or birds customarily found in a dwelling and kept for company or pleasure, including, but not limited to, dogs and cats, provided there is not a sufficient number to constitute a kennel, as defined herein; hamsters; gerbils; parakeets; canaries; and similar small animals or birds, excluding any exotic animals including, but not limited to, lions, tigers, bears, ocelots or other feral cats, large or poisonous snakes, alligators, monkeys or other animals normally found in a zoo; nor any horses, pigs, chickens or other fowl or livestock customarily found on a farm.
DRIVE-IN FACILITY - Any principal or accessory use which, involves a window, service lane, bay or other facility where customers are provided services either inside or outside their vehicles and where cars may or may not wait in line to access these services, including, but not limited to, “drive-in” or “drive-through” windows at fast food restaurants or other businesses, exterior automated teller machines (ATM’s), quick oil change facilities, car washes and similar automotive services and other such facilities.
10 ...* DRUG STORE - A retail establishment with a gross floor area of ten thousand (10,000) 0 square feet or more which sells prescription drugs, patent medicines, surgical and sickroom supplies and which also may sell cosmetics, household goods and a limited e selection of food products. li DWELLING - A building designed exclusively as living quarters for one (1) or more families, including single family, two-family and multifamily dwellings, but not including hotels, motels or boarding houses.
DWELLING TYPES - The following dwelling types are included in this Chapter:
A. SINGLE FAMILY DWELLING - A detached residential building which is the only principal structure on the lot, designed exclusively for occupancy by one (1) family and containing one (1) dwelling unit. e B. TWO FAMILY DWELLING - A residential building which is the only principal structure on the lot, designed exclusively for occupancy by two (2) families living e independently of each other, and containing two (2) dwelling units, each with a m separate entrance directly to the outside, including double houses and duplexes. e
6. MULTlFAMlLY QWEhLlNG - A residential building designed exclusively for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units, including garden apartments and town houses.
D. GARDEN APARTMENT -A multifamily residential building no more than three (3) stories in height containing three (3) or more dwelling units which share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.
E. GROUP HOME - A dwelling where room and board is provided to not more than eight (8) permanent residents, who are mentally retarded or physically handicapped persons of any age and who are in need of supervision and specialized services and no more than two (2) supervisors on any shift who may or may not reside in the dwelling and who provide health, social and/or rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents, or any other responsible nonprofit social services corporation and the facility shall meet all minimum requirements of the sponsoring agency.
A Group Home shall be considered a single family dwelling and shall be authorized wherever a single family dwelling is permitted subject to all requirements of the Zoning District applicable to single family dwellings.
11 F. GROUP CARE FACILITY - A facility which provides room and board and specialized services for more than eight (8) permanent residents who are mentally retarded or physically handicapped persons of any age; or any number of dependent and/or delinquent children under the age of eighteen (18), adjudicated by the Court system; or any number of mentally disturbed persons of any age; all of whom are in need of supervision and specialized services on a twenty-four (24) hour basis, including staff qualified by the sponsoring agency who may or may not reside at the facility and who provide health, social and rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation and the facility shall meet all minimum requirements of the sponsoring agency.
G. MODULAR DWELLING - A single family dwelling which is delivered to its site in at least two (2) sections that are set upon a permanent foundation and the sections joined together, as required by the current edition of the BOCA Basic Building Code in effect in South Park Township. Such dwellings shall be certified as meeting the minimum standards for modular dwellings manufactured housing in Pennsylvania and shall be at least twenty (20) feet wide for the entire length when assembled. Modular dwellings shall be permitted whenever single family dwellings are allowed.
H. PERSONAL CARE BOARDING HOME -Adwelling licensed by the Commonwealth where room and board is provided to more than three (3),permanent residents, who are not relatives of the operator, and who are mobile or semi-mobile and require specialized services for a period exceeding twenty-four (24) consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self- administration, but who are not in need of hospitalization or skilled nursing care or intermediate nursing care.
I. TOWNHOUSE - A rnultifarnily residential building no more than two and one-half (2-1/2) stories in height which contains at least three (3),but no more than eight(8) dwelling units, each of which are separated from the adjoining unit or units by a continuous , unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
J. TRANSITIONAL DWELLING - A dwelling unit occupied on a short term basis by persons assigned by a Court of Law, or assigned or referred by a public agency, semi-public agency, non-profit entity, or for-profit entity and managed by a public agency, semi-public agency, non-profit entity, or for-profit entity responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including, but not limited to, alcoholic recovery, shelters for battered
12 persons and their children, community re-entry services following incarceration, prison assignment, house arrest, juvenile personal carekhild residential facilities or other Court ordered treatment and other such short-term supervised assignments or occupancies, but not including juvenile incarceration facilities.
DWELLING UNIT -Two (2) or more rooms designed for or occupied by one (1) family only and containing sleeping facilities, cooking and food storage facilities, and, in a separate room, toilet, and tub or shower, with hot and cold water supply, all for the exclusive use of the family occupying the dwelling unit.
EMPLOYEE CAFETERIA OR DINING ROOM - An eating establishment located within a business establishment which is restricted to employees of the business establishment and their invited guests.
ESSENTIAL COMMUNICATIONS FACILITY - Any structure designed for transmitting or receiving radio, television or telephone communications which is operated by any agency or corporation, other than a public utility, which is regulated by the Public Utilities Commission (PUC) or which is operated by any agency, franchisee or authority of South Park Township, Allegheny County or the Commonwealth of Pennsylvania or any police, fire, emergency medical or emergency management agency.
ESSENTIAL SERVICES - The provision by continuous conduit of distribution and collection systems by public utilities, regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of South Park Township or any adjacent municipality of underground or overhead gas, electrical, telephone, steam, or water lines, sewers, fire alarm boxes, traffic signals, hydrants, cable lV (not including towers) and accessories in connection therewith, reasonably necessary to furnish adequate services within South Park Township to the general public.
FAMILY - An individual, or two (2) or more persons related by blood, marriage, adoption or foster child care, including domestic servants or gratuitous guests, thereof; or a group of not more than three (3) unrelated persons living together without supervision in a dwelling unit. Family shall not include persons living together in a Group Home, Group Care Facility, Personal Care Boarding Home or Transitional Dwelling, as defined herein, or any other supervised group living arrangement.
FAMILY DAY CARE HOME - A facility, licensed or approved by the Commonwealth, as required by the laws of the Commonwealth, located within a dwelling, for the care on a regular basis during part of a twenty-four (24) hour day of not more than six (6) children under sixteen (16) years of age, including care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes.
13 FENCE OR WALL -A structure designed for the purpose of enclosing space or separating parcels of land. The term "fence or wall" shall not include retaining walls which are designed and approved in accordance with the Township Grading Ordinance..
FINANCIAL INSTITUTION - A bank, Savings and Loan Association or similar institution that lends money or is engaged in a finance-related business.
FRONT BUILDING LINE - See BUILDING LINE, FRONT.
FRONT LOT LINE - See LOT LINE, FRONT.
FUNERAL HOME - A building used for the embalming of deceased human beings for burial, but not including cremation, and for the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATE - An accessory building or a portion of the principal building, enclosed on not less than three (3)sides, not being accessible to the general public and designed or used for shelter or storage of private vehicles and personal property of the occupants of the principal building.
GARAGE, PUBLIC - A building, other than a private garage, containing two (2) or more parking spaces accessible to the general public used for the storage or parking of motor vehicles, or where such vehicles are kept for remuneration, hire or sale, but not including the repair of vehicles or the storage of dismantled or wrecked motor vehicles, or "Junk", as defined by this Chapter.
GARAGE, REPAIR - See REPAIR GARAGE.
GROSS FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building measured between exterior faces of walls.
GROUP HOME - See "E" under DWELLING TYPES.
GROUP CARE FACILITY - See "F"under DWELLING TYPES.
HEALTH CLUB - A commercial recreational enterprise or private club which has as a principal use a gymnasium, swimming pool or other sports facility and which may offer massages, whirlpool baths, steam rooms, saunas andlor medical facilities as accessory uses to the principal use.
HEIGHT OF BUILDING - See BUILDING HEIGHT.
HEIGHT OF STRUCTURE - The vertical distance measured from the average elevation
14 of the finished grade around the structure to the highest point on the structure.
HOME GARDENING - The growing of flowers, plants or vegetables for consumption by the persons residing on the premises and not for sale, including backyard composting for personal use. I.
HOME OCCUPATION - A business, other than a no-impact home-based business, which is clearly secondary to the use of the dwelling for living purposes, conducted by the residents thereof, which involves customer, client or patient traffic (whether vehicular or pedestrian) andlor pick up, delivery or removal functions to and from the dwelling premises, in excess of those normally associated with residential use in the neighborhood in which it is located.
HOSPITAL - An establishment licensed by the Commonwealth for the care of human patients suffering from physical or mental illnesses, and which may or may not include facilities for major surgery and which may be publicly or privately operated.
HOSPITAL, ANIMAL - See ANIMAL HOSPITAL.
HOTEL - See MOTEUHOTEL
INCINERATOR - An enclosed device licensed by the Pennsylvania Department of Environmental Protection (DER), or its successor agency, which uses controlled combustion for the primary purpose of breaking down solid waste.
INDOOR ENTERTAINMENT - An enterprise operated for profit in a completely enclosed building which offers amusement or entertainment to the general public, including but not limited to: a movie theater, other than an adult motion picture theater or adult mini motion picture theater; a live theater, other than an adult live theater; an amusement center, as defined herein; a dance hall; and similar facilities.
JUNK - Any rubbish or scrap material, including all paper cartons, boxes, barrels, wood, excelsior, bedding, cans, metal, glass, crockery, mineral refuse, ashes and any similar substances, scrapped or used appliances, fixtures, automobile parts, machinery and machinery parts or other similar material or any other form of discarded, unused or unusable materials, including building materials.
JUNKYARD - Any premises devoted wholly or in part to the storage, buying or selling, salvaging, recycling or otherwise handling or dealing in "junk", as defined by this 0rd i na nce .
JUVENILE INCARCERATION FACILITY - A facility operated under the laws of the Commonwealth that provides for 24-hour incarceration and confinement of up to one
15 hundred twenty (120) juveniles adjudicated to be delinquent by the Juvenile Court system or juveniles requiring incarceration by virtue of having been determined to be prosecuted as adults while committing crimes as a juvenile, but not including juveniles that are eligible to reside in a transitional dwelling or less restrictive setting.
KENNEL - A structure and/or premises where four (4) or more dogs or cats or any combination of dogs and cats totaling four (4) animals which are six (6) months or older are kept, bred, trained or boarded at any one time, whether for profit or not.
LAND DEVELOPMENT - The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels for any purpose involving:
A. Agroup of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lots or lots regardless of the number of occupants or tenure, including any change of use or structural alteration which results in an increase of five thousand (5,000) quare feet or more lot coverage by structures and/or paving; or
B. The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums building groups or other features.
LAND DEVELdPMENT PLAN - A plan prepared in accordance with the application requirements of the Township Subdivision and Land Development Ordinance for approval of a land development, as defined herein.
MNDFiLk - Any site licensed by the Pennsylvania Department of Environmental Protection (PA DEP) for the disposal of solid waste, other than hazardous waste, as defined and regulated by Federal Statute.
LANDOWNER - The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPING CONTRACTOR - A retail business which includes the growing and/or selling of flowers, plants, trees, shrubs and other natural flora and the products which aid their growth and care and which may include one (1) or more of the following activities as accessory uses only: storage of small amounts of decorative landscaping materials such as landscaping ties, decorative rocks, marble chips, sandstone or limestone chips; and/or the storage of small amounts of reddog, slag, sand or gravel to be used in landscaping or preparation of driveways; and/or shredding or screening of topsoil; however, in no case
16 shall any amount of asphalt or cold patch be permitted to be stored or prepared on the site.
LANDSCAPING PLAN - A plan prepared by a registered architect or landscape architect identifying each tree and shrub by size, type and scientific name; the location of each, including a planting diagram; and such other diagrams or reports as are necessary to show the method of planting, staking and mulching, grass seeding specifications and mixtures and existing trees to be preserved, if any.
LIGHT MANUFACTURING - The processing and fabrication of certain materials and products where no process involved will produce noises, vibration, water pollution, fire hazard or noxious emissions which will disturb or endanger neighboring properties. Light manufacturing includes, but is not limited to, the production of the following goods: home appliances, electrical instruments, office machines, precision instruments, electronic devices, timepieces, jewelry, optical goods, musical instruments, novelties, wood products, printed material, lithographic plates, type composition, machine tools, dies and gauges, ceramics, apparel, lightweight non-ferrous metal castings, film processing, light sheet metal products, plastic goods, pharmaceutical goods, food products, not including animal slaughtering, curing or rendering of fats, and similar activities.
LOT - A designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, deweloped or built upon as a unit.
LOT, CORNER - See CORNER LOT
LOT OF RECORD - Any lot which, individually, or as part of a subdivision, has been recorded in the Office of the Recorder of Deeds of Allegheny County.
LOT AREA - The total area within the lot lines, excluding the area within any street right of way.
LOT COMERAGE - That percentage of the lot area covered by the principal building and all accessory buildings and structures, including, but not limited to, decks, swimming pools, storage sheds, garages and similar structures.
LOT FRONTAGE - That portion of the lot which adjoins the street right of way or through which access is provided to a public street.
LOT LINE - A line of record bounding a lot which divides one lot from another lot or from a public or private street or other public space.
LOT LINE, FRONT - That lot line which is contiguous with the street centerline or the street right of way line.
LOT LINE, REAR - That lot line which is generally opposite the front lot line.
17 LOT LINE, SIDE - Any lot line which is not a front lot line or rear lot line.
LOT WIDTH - The straight line distance between the point of intersection of the front building line with the side lot lines.
MEDIATION -A voluntary negotiating process in which parties to a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MINI-WAREHOUSE OR SELF-STORAGE FACILITY - A building or group of buildings in a controlled access and fenced compound that contains various sizes of individual, compartmentalized and controlled access stalls and/or lockers leased to the general public for a specified period of time for the dead storage of personal property.
MOBILE HOME - A transportable dwelling intended for permanent occupancy by-one (1) family after being towed on its own chassis in one (I) section arriving ready for use except for minor assembly and connecting operations, and containing its own toilet, bathing, cooking and food storage facilities; said unit having an over-all width of fourteen (14) feet . or less.
MOBILE HOME LOT -A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK - A parcel or contiguous parcels of land under single ownership which has been so designated and improved that it contains two (2) or more mobile home lots for the placement thereon of mobile homes.
MODULAR DWELLING - See "G"under DWELLING TYPES.
MOTEUHOTEL - An establishment which offers transient overnight lodging accommodations to the general public and which also may provide additional supporting services such as restaurants, meeting rooms, recreation, facilities and living quarters for a resident manager or proprietor. The term "Motel" shall include tourist courts, motor courts, automobile courts, automobile camps and motor lodges.
NEIGHBORHOOD BUSINESS -Any business not specifically listed in the C-I District, but which is similar to the uses specifically listed in the C-I District which provides a product or service to the residents of the immediate area and which does not attract large numbers of shoppers from outside the Township because of its size or variety of merchandise, but which may attract some shoppers from outside the Township because of the uniqueness of its product or service.
18 NET BUILDABLE ACRE - That portion of a Planned Residential Development site which is buildable, excluding steep slopes of twenty-five percent (25%) or greater, floodplains, wetlands or other areas where development is prohibited by this Chapter or other State or Federal regulations, expressed in acres.
NIGHTCLUB - A restaurant, or portion thereof, or any other establishment serving food and/or drink, whether or not the consumption of alcoholic beverages is permitted or allowed on the premises which offers live entertainment, on a stage or bandstand and/or dancing to music, either live or recorded, and which has a maximum permitted occupancy in accordance with the BOCA Building Code of three hundred (300) or more persons.
NO-IMPACT HOME-BASED BUSINESS - A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use subject to s2013.
NONCOMMERCIAL RECREATION - See RECREATION, NONCOMMERCIAL.
NONCONFORMING LOT -Any lot, the area or dimension of which was lawful prior to the adoption or amendment of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE - A structure or part of a structure which does not comply with the applicable area and bulk provisions of this Ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this Chapter or an amendment thereto, or prior to the application of this Ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE -A use, whether of land or of a structure, which does not comply with the applicable use provisions in this Chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this Chapter or an amendment thereto, or prior to the application of this Chapter or amendment to its location by reason of annexation.
NUDITY - The appearance of a human bare buttock, anus, male or female genitals or female breast.
NURSING HOME - An institution licensed by the Commonwealth for the-care of human patients requiring skilled nursing or intermediate nursing care, but not including facilities for major surgery or care and treatment of drug or alcohol addiction.
19 NURSERY SCHOOL - See DAY CARE CENTER or PRE-SCHOOL FACILITY.
OFFICES - See BUSINESS OR PROFESSIONAL OFFICES.
OPEN SPACE -An area of land or water on a development site in which no structures are permitted and which is set aside for the use and enjoyment of the general public or the owners and tenants of property which adjoins the open space.
OWNER - See LANDOWNER.
PA DEP - Pennsylvania Department of Environmental Protection, or its successor agency.
PARKING AREA - A portion of a lot designated for the parking of motor vehicles in accordance with the requirements of this Chapter.
PARKING SPACE - A portion of a garage or parking area designated for the parking of one (1) motor vehicle in accordance with the requirements of this Chapter.
-- PERSONAL CARE BOARDING HOME - See "H" under DWELLING TYPES.
PERSONAL SERVICES - Any enterprise providing services to a person, their apparel or personal effects commonly carried on or about their person, including but not limited to, shoe repair, tailoring, clothes cleaning, watch repair, beauty shops, barber shops and the like.
PET GROOMING - An establishment which provides services for domestic pets, including but not limited to: shampooing, clipping, manicuring and hygienic services, but not including a kennel or any other overnight boarding of domestic pets.
PETS, DOMESTIC - See DOMESTIC PETS.
PHARMACY - A retail establishment which has a gross floor area of less than ten thousand (10,000) square feet and which primarily sells prescription drugs, patent medicines, surgical and sickroom supplies.
PILOT MANUFACTURING - An establishment or part thereof used to test concepts and ideas, determine physical layouts, material flows and processes, types of equipment required, costs and other information necessary prior to undertaking full-scale production.
PLANNED RESIDENTIAL DEVELOPMENT - An area of land controlled by a single landowner and developed as a single entity for a number of dwellings or a combination of residential and non-residential uses, the plan for which does not necessarily correspond in lot size, bulk, type of dwelling unit or use, density or intensity, lot coverage or required
20 open space to any one district in this Ordinance.
PLANNING COMMISSION -The Planning Commission of South ParkTomship, Allegheny County , Pennsylvania.
POST SECONDARY SCHOOL -An educational institution which provides training beyond the secondary school curriculum and which is authorized by the Commonwealth to award associate, baccalaureate or higher degrees.
$RE-SCHOOL FACILITY - An establishment which offers private educational services to children who are under the minimum age for education in public schools.
PRINCIPAL BUILDING OR STRUCTURE - The building or structure in which the principal use is conducted.
PRINCIPAL USE - The primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.
PRIVATE - Owned, operated or controlled by an individual, group of individuals, association or corporation, not for profit, and restricted to members and their guests.
PRIVATE GARAGE - See GARAGE, PRIVATE.
PRIVATE STABLE - The keeping of horses and/or ponies for personal use and enjoyment of the residents of the lot, not involving any profit-making activity.
PROFESSIONAL OFFICES - See BUSINESS OR PROFESSIONAL OFFICES.
PUBLIC - Owned, operated or controlled by a government agency, Federal, State, County or local.
PU5LIC BUILDING - Any building or structure owned and operated by an agency or authority of the Federal, State, County or Township government.
PUBLIC GARAGE - See GARAGE, PUBLIC.
PUBLIC MEETING - A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act".
PUBLIC NOTICE - Notice published once each week for two (2) successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.
21 PUBLIC RECREATION - See RECREATION, PUBLIC.
PUBLIC UTILITY INSTALLATION - Any administrative building, maintenance building, garage or other structure intended for human occupancy or storage of movable equipment or any part of the essential public utility installations, as defined herein, provided by public utilities, regulated by the Public Utilities Commission (PUC) or any agency, franchisee or authority of South Park Township or any adjacent municipality which is reasonably necessary to furnish adequate services to the general public both within South Park Township and outside the Township, including, but not limited to, long distance transmission facilities such as electrical power lines or high pressure natural gas or petroleum lines, switching facilities, substations and similar facilities.
I "I . ~ .a& !* - RECREATION, COMMERCIAL - An enterprise operated for profit by other than a public entity, either indoors or outdoors for the pursuit of sports, recreation or leisure activities, including, but not limited to, such establishments as miniature golf, golf or batting practice facilities, bowling alleys, ice or roller rinks, playing fields, racquet clubs, swimming pools, theaters, dance halls, amusement parks, amphitheaters and similar facilities.
RECREATION, NONCOMMERCIAL -An enterprise operated by an individual, association or corporation, other than a public entity, whether or not for profit, and whether or not the facilities are advertised to the general public, including sports, recreation or leisure activities, the use of which is limited members and their guests including, but not limited to, such establishments as country clubs, golf courses, sportsman's club, golf practice facilities, playing fields, tennis or racquet clubs, swimming pools, and similar facilities.
RECREATION, PUBLIC - An enterprise operated by a public entity, available to the general public, whether or not an admission fee is charged, including either indoor or outdoor facilities for the pursuit of sports, recreation or leisure activities, including, but not limited to, parks, playgrounds, playing fields, golf courses, golf or batting practice facilities, ice rinks, tennis courts, swimming pools, and similar facilities.
RECREATIONAL VEHICLE - A single axle or multiple axle structure mounted on wheels or otherwise capable of being made mobile, either with its own motive power or designed to be mounted on or drawn by an automotive vehicle, for the purpose of travel, camping, vacation and recreational use, including, but not limited to: travel trailers, mobile homes, motor homes, tent trailers, boats, boat trailers, pick-up campers, horse trailers, snow mobiles and all-terrain vehicles.
REGULATION GOLF COURSE - A recreational facility designed in accordance with the standards of the Professional Golfer's Association (PGA) which may be operated by a public or private entity and which has as its principal use, a golf course, but which may include one (1) or more of the following accessory uses: a clubhouse andlor restaurant,
22 locker rooms, pro shop, swimming pool, and facilities for racquet sports.
REPAIR SHOP - An establishment engaged in repairing household appliances, computer or electronic equipment, business machines, lawnmowers and other small engines and similar equipment which can be carried into the repair shop, but not including a vehicle repair garage, as defined by this Ordinance, or heavy equipment repair.
RESEARCH AND DEVELOPMENT - Any establishment, including laboratories, which carries on investigation in the natural, physical or social sciences or engineering and development as an extension of such investigation with the objective of creating end products and which may include supporting storage and transportation facilities and Pilot Manufacturing, as defined by this Ordinance, as an accessory use.
RESTAURANT - An establishment which offers food and beverages for sale and consumption either on the premises or on and off the premises as the principal use and , may serve alcoholic beverages for consumption on the premises as an accessory use.
RETAIL STORE - An establishment which sells commodities and/or services on the premises directly to consumers, but not including the on-site manufacturing or processing of any products or wholesale sales.
RETIREMENT COMMUNIN-A residential development designed primarily or exclusively ,, for occupancy by elderly or retired persons and which features one (1) or more of the following special services associated with the needs of elderly or retired persons, including, but not limited to transportation, limited nursing facilities, dispensaries, common dining facilities, laundry service, minimal housekeeping, recreation programs, personal services (such as beauty and barber shops, or cleaner's valet service), florist and/or gift shop, doctor's offices, branch bank, postal station and similar services or facilities.
RIPARIAN BUFFER - An area of a certain depth specified by this Ordinance along the stream and its banks and the tops of those banks where no structures are authorized in order and where natural vegetation is maintained to protect the water quality and natural habitat related to the stream.
SANITARY SEWER STORAGE EQUALIZATION TANK -Atank designed to store certain
volumes of sewage during high flow periods and then releasing the sewage back into the ~ , I ~ I sewer system after the high flow has subsided. I
SCHOOL - An accredited institution of learning, whether public or private, which offers elementary and secondary level instruction or which offers associate, bachelor or higher degrees in the several branches of learning required by the Commonwealth of Pennsylvania.
23 SELF-STORAGE FACILITY - See MINI-WAREHOUSE/SELF-STORAGE FACILITY.
SERVICE STATION - A retail establishment which provides for one (1) or more of the following activities:
A. The servicing of motor vehicles and operations incidental thereto and limited to one or more of the following activities: the retail sale of petroleum products; retail sales and installation of automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, changing and replacement, excluding repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of - accessories; and State Inspection; and/or
B. The following operations, if conducted within a "Completely Enclosed Building" as defined by this Chapter: lubrication of motor vehicles; replacement of exhaust
1 systems; brake servicing limited to servicing and replacement of brake cylinders, lines and brake shoes; wheel balancing; the testing, adjustment and replacement or servicing of carburetors, filters, generators, points, rotors, spark plugs, voltage + regulators, water and fuel pumps, water hoses and wiring; and/or
C. The operation of a convenience food store, provided retail sale of petroleum products is a part of the operation.
SEXUAL CONDUCT - Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations, descriptions or acts of masturbation, excretory functions, homosexuality, sodomy, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be female, breast.
SIGN - Any structure or device used to attract attention by word or graphic display.
SIGN, SURFACE AREA OF - The area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure, but all other ornamental attachments, interconnecting links, etc., which are not part of the main supports of the sign shall be included in determining the sign area. The area shall include the smallest triangle, rectangle or circle which can wholly enclose the extreme outside points on the perimeter of the surface area of the sign. For two sided signs, only one (1) face is counted in computing the surface area.
SOLID WASTE DISPOSAL - The ultimate disposition of unwanted or discarded materials from households and businesses, including garbage and non-recyclable materials with
24 insufficient liquid content to be free flowing.
SPECIAL EXCEPTION - See USE BY SPECIAL EXCEPTION. SPECIALTY FOOD STORE - A retail establishment which has a gross floor area of no more than ten thousand (10,000) square feet of gross floor area and which offers for sale .! specialty or gourmet food items or meats and groceries which are packaged for consumption off the premises and which may or may not have a limited number of tables for consumption of some food items on the premises. e SPECIALTY RETAIL STORE -A retail establishment which has a gross floor area of ten e thousand (10,000) square feet or less devoted exclusively to the sale of distinctive, high- quality merchandise, including one (1) or more of the following: art and photography c galleries, or studios; antiques; books; boutique items; candles; candy; cards and 0 stationery; cut and dried flowers; gifts; handicrafts; interior decorator items; leather goods; 0 men's, ladies' and children's apparel; pipes and tobacco; and shops of a similar nature. e STABLE, PRIVATE - See PRIVATE STABLE. STORY - That portion of a building included between the surface of any floor and the a surface of the floor next above it, or, if there is no floor above it, then the space between 0 any floor and the ceiling next above it, excluding cellars. .a - c STREET - A public or recorded private-right of way which affords primary means of e vehicular access to abutting property, but not including alleys. a a STREET. PUBLIC - A public right of way dedicated and open for public use which has i. been adopted by the Township, County, Commonwealth or other ernmental body. a STRUCTURE - Any man-made object having an ascertainable stationary location on or ,e in land or water whether or not affixed to the land. e 0 STRUCTURE, HEIGHT OF - See HEIGHT OF STRUCTURE. a STRUCTURAL ALTERATIONS - A change or re-arrangement of the structural parts of 0 existing facilities, or an enlargement by extending th ides or increasing the height or 0 depth, or the moving from one location to another. e SUPERMARKET - A retail establishment which has a gross floor area in excess of five ilri thousand (5,000) ten thousand (10,000) square feet which primarily sells meat and food e products and household supplies, but which may also include, as accessory uses, a delicatessen, a pharmacy, a florist, a travel agency, video rental, film processing, banking e and copy/fax services. e @ 25 a a az SUPPLY YARD -Acommercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards shall not include the wrecking, salvaging, dismantling or storage of automobiles and similar ve hicles.
SURPLUS SCHOOL SPACE -A school building or portion thereof now or formerly owned by the School District that is no longer needed for public educational purposes and which is offered for sale or has been sold to a private owner by the School District.
SWIMMING POOL -Any body of water or receptacle for water having a depth at any point greater than two (2) feet and surface area greater than one hundred (100) square feet, used or intended to be used for swimming or bathing and constructed, installed or maintained outside any building.
TAVERN - See BAR OR TAVERN.
TEMPORARY CONSTRUCTION TRAILER - See CONSTRUCTION TRAILER, TEMPORARY. +)A TEMPORARY USE -Any use of a structure or land which may be a principal use on a lot or accessory to an existing principal use on a lot and intended to be used for six (6) months or less.
TENTATIVE APPROVAL - Approval prerequisite to Final Approval of a Planned Residential Development granted by the Board of Supervisors in accordance with Article XVIII of this Ordinance.
THROUGH LOT - A lot that fronts on two (2) parallel streets or two (2) streets which do not intersect at the boundaries of the lot.
TOWNHOUSE - See "I"under DWELLING TYPES.
TOWNSHIP - The Township of South Park, Allegheny County, Pennsylvania.
TOWNSHIP SUPERVISORS - The Board of Supervisors of the Township of South Park, Allegheny County, Pennsylvania.
TRANSITIONAL DWELLING - See "J" under DWELLING TYPES. TRUCK TERMINAL - A facility to accommodate the service, repair and storage of trucks and other motorized equipment and trailers, and which may incidentally provide warehousing activities and transfer facilities.
26 -USE - The purpose, business or activity for which any land or structure is utilized.
USE BY SPECIAL EXCEPTION -A use authorized by this Chapter which may be granted only by the Zoning Hearing Board following a public hearing subject to express standards and criteria contained in this Chapter.
VARIANCE - A departure from the specific regulations of this Chapter which may be granted by the Zoning Hearing Board in accordance with the criteria established by the Pennsylvania Municipalities Planning Code (Act 247, as amended).
VEHICLE REPAIR GARAGE -A building, or part thereof, used for the servicing and repair of motor vehicles, including engine overhaul, body work and recappinghetreading of tires and where all storage of parts and dismantled vehicles and all repair work are conducted entirely inside a "Completely Enclosed Building", as defined by this Ordinance.
VEHICLE SALES - A paved open area on a lot used for the display of new or used motor vehicles offered for sale or rental, including a building or buildings which may contain ffices, showrooms or a vehicle servicing area within a completely enclosed building.
WAREHOUSING AND DISTRIBUTION, CLASS 1 establishment which has a gross floor area of ten thousand (10,000) square feet or I sed for the storage, handling and distribution of merchandise to personal services, specialty retail stores and professional or business offices, but not including any on-premises maintenance or fueling of any commercial vehicles used to transport the merchandise.
WAREHOUSING AND DISTRIBUTION, CLASS 2 - An establishment which has a gross floor area in excess of ten thousand (10,000) square feet used for the storage, handling and distribution of freight or merchandise to wholesalers, major retailers, industries, institutions, professional and business offices, specialty retail stores and personal services, but not including any on-premises maintenance or fueling of any commercial vehicles used to transport the freight or merchandise.
WHOLESALING, CLASS 1 - An establishment which has a gross floor area of ten thousand (10,000) square feet or less engaged in selling merchandise in quantity at wholesale prices to personal services, specialty retail stores and professional business offices or other Class 1 Wholesalers, rather than to the general public, or which acts as a broker for such merchandise sales.
WHOLESALING, CLASS 2 - An establishment which has a gross floor area in excess of ten thousand (10,000) square feet engaged in selling merchandise in quantity at wholesale prices to major retailers, institutions, professional and business offices, other Class 1 or Class 2 Wholesalers, personal services or specialty retail stores, rather than to the general public, or which acts as a broker for such merchandise sales.
27
e YARD - A required open space located on a lot which is unobstructed by any portion of a principal structure, other than certain projections expressly permitted by this Chapter.
YARD, FRONT - A yard extending between side lot lines across the full lot width from the street right of way line to a line parallel to the front lot line, the minimum horizontal distance required by this Chapter.
YARD, SIDE - A yard extending from the required front building line to the rear lot line parallel to the side lot line, the minimum horizontal distance required by this Chapter.
YARD, REAR -A yard extending across the rear of the lot between the required side yard lines parallel to the rear lot line, the minimum horizontal distance required by this Chapter.
ZONING DISTRICT - An area accurately defined as to boundaries and location on the Zoning District Map and within which area only certain types of land uses are permitted and within which other types of land uses are excluded, as set forth in this Chapter.
ZONING DISTRICT MAP - The official map delineating the Zoning Districts of South Park Township, Allegheny County, Pennsylvania, together will all amendments subsequently adopted which is incorporated in and made a part of this Chapter by reference thereto.
ZONING HEARING BOARD - The Zoning Hearing Board of the Township of South Park, Allegheny County, Pennsylvania.
ZONING OFFICER - That person appointed by the South Park Township Board of Superjisors and charged with the responsibility of administering and enforcing this Chapter.
28 ARTICLE 111
DISTRICT REGULATIONS
SECTION 301 ZONING DISTRICT MAP
The Township is hereby divided into Zoning Districts, as shown on the official Zoning District Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance.
The Official Zoning District Map shall be identified by the signature of the Chairman of the Board of Supervisors, attested by the Township Manager and certified by the Township Engineer, and shall bear the seal of the Township under the following words: "This is to certify that this is the Official Zoning District Map referred to in Article Ill of Ordinance Number 556, as amended, of South Park Township, Allegheny County, Pennsylvania," together with the date of adoption of this Chapter.
All amendments affecting district boundaries shall be noted on the Official Zoning District Map by the Township Engineer, including the date of adoption, and shall be attested to by the Township Manager.
No changes of any nature shall be made in the Official Zoning District Map or matter shown thereof except in conformity with the procedure set forth in this Chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this Ordinance and punishable as provided under Section 2503 of this Chapter.
The Official Zoning District Map, which shall be located in the Township Municipal Building, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the Township.
The Township is divided into the districts set forth by this Ordinance and as shown by the district boundaries on the Official Zoning District Map. The Zoning Districts are:
R- 1 Low Density Single Family Residential District R-2 Medium Density Single Family Residential District R-3 High Density Single Family Residential District R-4 Multifamily Residential District R-5 Mobile Home Park District R-P Regional Park District c-1 Community Commercial District c-2 Shopping Center District
29 C-3 Village Center Commercial District C-4 Heavy Commercial District C-R Conservation Recreation District B-P Business Park District
, 1-7 Light Industrial District 1-2 General Industrial District
SECTION 303 DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning District Map, the following rules shall apply:
A. Boundaries indicated as appearing to follow the center lines of streets, highways, or alleys shall be construed to follow such center lines.
B. Boundaries indicated as appearing to follow platted lot lines shall be construed as following such lot lines;
C. Boundaries indicated as appearing to follow municipal limits shall be construed as following municipal limits;
D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;
E. Boundaries indicated as approximately following the center lines of streams, rivers, or other bodies of water shall be construed to follow center lines, and in the ewent of change in the location of streams, rivers, and other bodies of water, shall be construed as moving with the actual body of water and fallowing the centerline;
F. Distances not specifically indicated on the Official Zoning Map shall be determined by the sc;;le of the map.
SECTION 304 DISTRICT REGULATIONS
The following regulations shall apply in all Zoning Districts:
A. In the R-I, R-2, R-3, R-4, R-5, R-PI BP and C-R Districts, any use not specifically listed in the Authorized Uses for the Zoning District shall not be permitted in that Zoning District. In the C-I, C-2, C-3, C-4, I-?and 1-2 Districts, any use not specifically listed in the Authorized Uses for the Zoning District shall not be permitted in that Zoning District, unless such use is authorized by the Zoning Hearing Board as a use by special exception. The authority for the Zoning Hearing Board to grant approval of a use which is not specifically listed in the Authorized
30 e e e e Uses for a Zoning District as a use by special exception shall be limited to those e uses which meet the applicable express standards and criteria for "Comparable e Uses Not Specifically Listed" specified in $1903.39 of this Chapter. e B. Accessory uses or structures which are customarily accessory to principal e structures or uses which are authorized as conditional uses or uses by special e exception shall be permitted as accessory uses by right. e e C. In all Zoning Districts, single family dwellings and two family dwellings shall be the e only principal structure on a lot. e D. In all Zoning Districts where authorized by this Chapter, two (2) or more multifamily dwellings may occupy the same lot; two (2) or more nonresidential buildings may e occupy the same lot; and two (2) or more authorized nonresidential uses may e occupy the same building, provided, in all cases, that all applicable requirements e for each of the structures or uses can be met on the lot. e e E. In all Zoning Districts, all accessory structures shall be located on the same lot with e the principal structure to which they are accessory. e e e e e e e a e e 0 e e e a e e a e e e 31 e e e a a a e ARTICLE IV a a R-I LOW DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT e SECTION 400 PURPOSE a The purpose of the R-I, Single Family Residential District is to provide for low density a single family residential development in suburban and rural areas of the Township where e public sewers may or may not be immediately available and to provide for accessory uses a and compatible public and semi-public uses as conditional uses or uses by special a exception. a a SECTION 401 AUTHORIZED USES 0 In the R-I, Single Family Residential, District, only the following uses are authorized: a a A. PERMITTED USES a 1. Principal Uses e e a. Single Family Dwelling a b. GroupHome a c. Essential Services e 2. Accessory Uses e a. Signs, subject to Article XXII a b. Off-street Parking and Loading, subject to Article io(1 a C. Accessory Uses customarily incidental to and on the same lot with a any permitted use, conditional use or use by special exception authorized in this District. d. Priwate Residential Swimming Pools or Tennis Courts, subject to a $2003.3 a e. Private Garages and Accessory Storage Buildings not exceeding six a hundred (600) square feet of gross floor area a f. Fences, subject to $2003.3 g- Home Occupations, subject to $201 1 e h. Temporary Construction Trailer or Model Sales Office, subject to a 5 2007 e i. Home Gardening 0 j. Keeping of Domestic Pets a k. No-Impact Home-Based Business .' a 32 a a e a a a a B. CONDITIONAL USES e e I. Principal Uses a a. Personal Care Boarding Home, subject to $1903.17 a b. Public Recreation, subject to $1903.27 e C. Public Buildings, subject to $1903.9 a d. Firehouses, subject to $1903.9 e. Schools, subject to $1903.9 a f. Churches, subject to $1903.9 a g - Public Utility Buildings, subject to $1903.29 a h. Conversion of Surplus School Space, subject to $1903.44 a e C. USES BY SPECIAL EXCEPTION a 1. Principal Uses a
a. Day Care Center or Nursery School in a Church or School, subject to a $ 1903.1 3 a b. Temporary Use or Structure, other than a Construction Trailer or e Model Sales Office, subject to $1903.36 a a 2. Accessory Uses a a. Family Day Care Home as a Home Occupation, subject to $1903.1 5 e b. Private Stables, subject to g1903.26 e c. Private Garages and Accessory Storage Buildings exceeding six a hundred (600) square feet in gross floor area, subject to $1 903.3 e d. Bed and Breakfast, subject to $1903.45 a SECTION 402 AREA AND BULK REGULATIONS a a In the R-1, Single Family Residential, District, all uses shall be subject to the following regulations, except as they may be modified by Article XVIII governing Planned Residential a Developments or by the express standards and criteria for the specific conditional uses a and uses by special exception contained in Article XIX. a A. MINIMUM LOT AREA: a 0 Single Family Dwelling or Group Home: 15,000 square feet All Other Principal Uses: 1 acre 0 a a 33 a a a 0 a 6. MINIMUM LOT WIDTH:
Single Family Dwelling or Group Home: 90 feet All Other Uses: 100 feet
C. MAXIMUM LOT COVERAGE: 30%
D. MINIMUM FRONT YARD: 35 feet
E. MINIMUM REAR YARD:
Principal Structures: 35 feet Accessory Structures: IOfeet
F. MINIMUM SIDE YARD:
All Principal and Accessory Structures: 12 feet
G. SPECIAL YARD REQUIREMENTS: See Section 2003
H. PERMITTED PROJECTIONS INTO REQUIRED YARDS: See Section 2004
I. MAXIMUM HEIGHT:
All Principal Structures: 2 ‘/z stories, but no more than 45 feet All Accessory Structures: 1 story, but no more than 20 feet
J. HEIGHT EXCEPTIONS: See Section 2005
SECTION 403 PARKING AND LOADING See Article XXI
SECTION 404 SIGNS See Article XXll
SECTION 405 SCREENING AND LANDSCAPING See Section 2002
SECTION 406 STORAGE See Section 2009
SECTION 407 FRONTAGE ON PUBLIC STREET See Section 2012
34 e e e e ARTICLE V e e R-2 MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT e SECTION 500 PURPOSE e The purpose of this District is to preserve single family residential neighborhoods which a have developed at medium density, to allow undeveloped areas immediately adjacent to e these established neighborhoods to be developed in a similar manner and to provide for e accessory uses and compatible public and semi-public uses as conditional uses or uses by special exception. e e SECTION 501 AUTHORIZED USES e In the R-2, Medium Density Single Family Residential, District, only the following uses are e authorized: 0 e A. PERMITTED USES 0 1. Principal Uses e a. Single Family Dwelling e b. GroupHome 0 c. Essential Services 0 e 2. Accessory Uses e a. Signs, subject to Article XXII a b. Off-street Parking and Loading, subject to Article XXI a C. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception 0 authorized in this District. d. Private Residential Swimming Pools or Tennis Courts, subject to $2003.3 e e. Private Garages and Accessory Storage Buildings not exceeding six hundred (600) square feet of gross floor area e f. Fences, subject to $ 2003.3 e 9. Home Occupations, subject to 3 201 1 e h. Temporary Construction Trailer or Model Sales Office, subject to e $ 2007 1. Home Gardening a j. Keeping of Domestic Pets e k. No-Impact Home-Based Business e 35 e e e e 0 e e B. CONDITIONAL USES e 1. Principal Uses 0 a a. Public Recreation, subject to $1903.27 e b. Public Buildings, subject to $1903.9 c. Firehouses, subject to $1903.9 0 d. Schools, subject to $1903.9 0 e. Churches, subject to $1903.9 0 f. Public Utility Buildings, subject to $1903.29 e g. Planned Residential Development, including a Retirement a Community, subject to Article XVIII e C. USES BY SPECIAL EXCEPTION a 0 1. Principal Uses e a. Family Day Care Home as a Home Occupation, subject to $1903.15 e b. Day Care Center or Nursery School in a Church or School, subject to a $1903.13 e c. Private Stables, subject to $1903.26 d. Temporary Use or Structure, other than a Construction Trailer or 0 Model Sales Office, subject to $1903.36 0 a 2. Accessory Uses e a. Private Garages and Accessory Storage Buildings in excess of six hundred (600) square feet of gross floor area, subject to 51903.3 a
SECTION 502 AREA AND BULK REGULATIONS 0 In the R-2, Medium Density Single Family Residential, District, all uses shall be subject to e the following regulations, except as they may be modified by Article XVIII governing e Planned Residential Developments or by the express standards and criteria for the specific e conditional uses and uses by special exception contained in Article XIX. e A. MINIMUM LOT AREA: a 0 Single Family Dwelling or Group Home: 12,000 square feet a All Other Principal Uses: 1 acre e e a 0 36 0 a 0 e a e e B. MINIMUM LOT WIDTH: e Single Family Dwelling or Group Home: 80 feet e All Other Principal Uses: 100 feet e C. MAXIMUM LOT COVERAGE: 35% a e D. MINIMUM FRONT YARD: 35 feet e e E. MINIMUM REAR YARD: a Principal Structures: 30 feet a Accessory Structures: 10 feet e F. MINIMUM SIDE YARD: a 0 Single Family Dwelling or Group Home: 10 feet All Other Principal Structures: 20 feet 0 Accessory Structures: 10 feet e e G. SPECIAL YARD REQUIREMENTS: See Section 2003 H. PERMITTED PROJECTIONS e INTO REQUIRED YARDS: See Section 2004
e 1. .L MAXIMUM HEIGHT: e All Principal Structures: 2 % stories, but no more than 45 feet e All Accessory Structures: 1 story, but no more than 20 feet e J. HEIGHT EXCEPTIONS: See Section 2005 a a SECTION 503 PARKING AND LOADING See Article XXI e SECTION 504 SIGNS See Article XXll e e SECTION 505 SCREENING AND LANDSCAPING See Section 2002 a SECTION 506 STORAGE See Section 2009 e e SECTION 507 FRONTAGE ON PUBLIC STREET See Section 2012 e e e e 37 e e ARTICLE VI
R-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL DISTRICT
SECTION 600 PURPOSE
The purpose of this District is to protect older established single family neighborhoods which have developed at higher densities and to provide for accessory uses and compatible public and semi-public uses as conditional uses and uses by special exception.
SECTION 601 AUTHORIZED USES
In the R-3, High Density Single Family Residential, District, only the following uses are authorized:
A. PERMITTED USES
1. Principal Uses
a. Single Family Dwellings b. Group Home C. Essential Services
2. Accessory Uses
a. Signs, subject to Article XXII b. Off-street Parking and Loading, subject to Article XXI c. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. d. Private Residential Swimming Pools or Tennis Courts, subject to 52003.3 e. Private Garages and Accessory Storage Buildings not exceeding six hundred (600) square feet in gross floor area f. Fences, subject to 5 2003.3 g - Home Occupations, subject to 5 201 1 h. Temporary Construction Trailers or Model Sales Offices, subject to § 2007 1. Home Gardening j. Keeping of Domestic Pets k. No-impact Home-Based Business
38 B. CONDITIONAL USES
I. Principal Uses
a. Public Recreation, subject to 51903.27 b. Noncommercial Recreation, subject to $1903.27 C. Public Buildings, subject to 51903.9 d. Firehouses, subject to $1903.9 e. Schools, subject to 51903.9 f. Churches, subject to 51903.9 g- Public Utility Buildings, subject to $1903.29 h. Planned Residential Development, subject to Article XVIII i. Conversion of Surplus School Space, subject to 51903.44
C. USES BY SPECIAL EXCEPTION
1. Principal Uses
a. Family Day Care Home as a Home Occupation, subject to $1903.15 b. Day Care Center or Nursery School in a Church or School, subject to $1903.13 c. Temporary Use or Structure, other than a Construction Trailer or Model Sales Ofice, subject to $1903.36
2. Accessory Uses
a. Private Garzges and Accessory Storage Buildings in excess of six hundred (600) square feet of gross floor area, subject to $1903.3
SECTIQW 602 AREA AND BULK REGULATIONS
In the R-3, High Density Single Family Residential, District, all uses shall be subject to the following regulations, except as they may be modified by Article XVIII governing Planned Residential Developments or by the express standards and criteria for the specific conditional uses and uses by special exception contained in Article XIX.
A. MINIMUM LOT AREA:
Single Family Dwelling Constructed Before December, 2005 7,800 square feet New Construction after December, 2005 10,000 square feet All Other Principal Uses: 1 acre
39 B. MINIMUM LOT WIDTH:
Single Family Dwelling Constructed Before December, 2005 60 feet New Construction after December, 2005 75 feet All Other Principal Uses: 100 feet
C. MAXIMUM LOT COVERAGE: 40%
D. MINIMUM FRONT YARD: 30 feet
E. MINIMUM REAR YARD:
Single Family Dwelling or Group Home: 25 feet All Other Principal Structures: 25 feet Accessory Structures: 5 feet
F. MINIMUM SIDE YARD:
.. A ”....0- Single Family Dwelling or Group Home: 7-112 feet All Other Principal Structures: 25 feet Accessory Structures: 7-1I2 feet
G. SPECIAL YARD REQUIREMENTS: See Section 2003
H. PERMITTED PROJECTIONS INTO REQUIRED YARDS: See Section 2004
1. MAXIMUM HEIGHT:
All Principal Structures: 2 % stories, but no more than 35 feet All Accessory Structures: 1 story, but no more than 15 feet
J. HEIGHT EXCEPTIONS: See Section 2005
SECTION 603 PARKING AND LOADING See Article XXI
SECTION 604 SIGNS See Article XXll
SECTION 605 SCREENING AND LANDSCAPING See Section 2002
SECTION 606 STORAGE See Section 2009
SECTION 607 FRONTAGE ON PUBLIC STREET See Section 2012
40 . . ARTICLE VI1
R-4 MULTIFAMILY RESIDENTIAL DISTRICT
SECTION 700 PURPOSE
The purpose of this District is to reserve areas for the development of higher density multifamily housing in the Township in appropriate locations which are served by public water and sewage and are located on arterial or collector roads close to shopping and community services and to provide for compatible public, semi-public and accessory uses as conditional uses or uses by special exception.
SECTION 701 AUTHORIZED USES
In the R-4, Multifamily Residential, District, only the following uses are authorized:
A. PERMITTED USES
1. Principal Uses
a. Townhouses b. Garden Apartments c. Essential Services
2. Accessory Uses
a. Signs, subject to Article XXll b. Off-street Parking and Loading, subject to Article XXI C. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. d. Private Residential Swimming Pools or Tennis Courts, subject to s2003.3 e. Private Garages and Accessory Storage Buildings, subject to s2003.3, Subparagraph I f. Fences, subject to s2003.3 9- No-Impact Home-Based Business h. Temporary Construction Trailers or Model Sales Offices , subject to 5 2007 Home Gardening Keeping of Domestic Pets
41 B. CONDITIONAL USES
1. Principal Uses
a. Public Recreation, subject to 51903.27 b. Noncommercial Recreation, subject to 51903.27 c. Public Buildings, subject to 51903.9 d. Public Utility Buildings, subject to 51903.29 e. Group Care Facility or Transitional Dwelling, subject to 51903.17 f. Personal Care Boarding Home, subject to 51903.17 g. Planned Residential Development, subject to Article XVIII
C. USES BY SPECIAL EXCEPTION
1. Principal Uses
a. Day Care Center, subject to 51903.13 b. Temporary Use or Structure, other than a Construction Trailer, subject to 51903.36
SECTION 702 AREA AND BULK REGULATIONS
In the R-4, Multifamily Residential, District, all uses shall be subject to the following regulations, except as they may be modified by the express standards and criteria for the specific conditional uses and uses by special exception contained in Article XIX.
A. MINIMUM LOT AREA: Townhouses and Garden Apartments: 5 acres All Other Principal Uses: 1 acre
5. MINIMUM LOT WIDTH: Townhouses and Garden Apartments: 200 feet All Other Principal Uses: 100 feet
C. MAXIMUM DWELLING UNIT DENSITY: Townhouses: 12 units per acre Garden Apartments: 12 units per acre
D. MAXIMUM LENGTH OF RESIDENTIAL BUILDING: 250 feet
E. MAXIMUM NUMBER OF DWELLING UNITS PER BUILDING:
Townhouses: 8 units per building Garden Apartments: 36 units per building
42 F. MINIMUM DISTANCE BETWEEN BUILDINGS: 20 feet [Where two (2) or more buildings exist on the same lot]
G. MAXIMUM LOT COVERAGE: 40%
H. MINIMUM FRONT YARD: 30 feet
1. MINIMUM REAR YARD:
Garden Apartment or Townhouse adjoining any R-I, R-2 or R-3 District: 50 feet Accessory Structures: 5 feet All Other Yards: 30 feet
J. MINIMUM SIDE YARD:
Garden Apartment or Townhouse adjoining any R-I, R-2 or R-3 District: 50 feet Accessory Structures: 10 feet All Other Yards: 30 feet
K. SPECIAL YARD REQUIREMENTS: See Section 2003
L. PERMITTED PROJECTIONS INTO REQUIRED YARDS: See Section 2004
M. MAXIMUM WEIGHT:
All Principal Structures: 2 1/2 stories, but no more than 45 feet All Accessory Structures: 1 story, but no more than 15 feet
N. HEIGHT EXCEPTIONS: See Section 2005
SECTION 703 PARKING AND LOADING See Article XXI
SECTION 704 SIGNS See Article XXll
SECTION 705 SCREENING AND LANDSCAPING See Section 2002
SECTION 706 STORAGE See Section 2009
43 0
ARTICLE Vlll
R-5 MOBILE HOME PARK DISTRICT a SECTION 800 PURPOSE
a The purpose of this District is to reserve areas in the Township which are appropriate for 0 mobile home park development and to provide for accessory uses and compatible public a and semi-public uses as conditional uses and uses by special exception. e * SECTION 801 AUTHORIZED USES * In the R-5, Mobile Home Park, District, only the following uses are authorized: e * A. PERMITTED USES * 1. Principal Uses a e a. Essential Services
2. Accessory Uses
a. Signs, subject to Article XXll b. Off-street Parking and Loading, subject to Article XXI C. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. ell. Private Garages and Accessory Storage Buildings, subject to s2003.3, Subparagraph I e. Fences, subject to s2003.3 f. No-Impact Home-Based Business g* Temporary Construction Trailers, Model Homes or Sales Offices, subject to Q 2007 h. Home Gardening I. Keeping of Domestic Pets
e B. CONDITIONAL USES 0 1. Principal Uses a a. Mobile Home Parks, subject to 51903.21 e b. Public Recreation, subject to s1903.27 e c. Noncommercial Recreation, subject to 51903.27 e 44 a a e C. USES BY SPECIAL EXCEPTION
1. Principal Uses
a. Day Care Center, subject to $1903.13 b. Temporary Use or Structure, other than a Construction Trailer, model Home or Sales Office, subject to 51903.36
SECTION 802 AREA AND BULK REGULATIONS
In the R-5, Mobile Home Park, District, all uses shall be subject to the following regulations, except as they may be modified by the express standards and criteria for the specific conditional uses and uses by special exception contained in Article XIX.
A. MINIMUM LOT AREA:
Mobile Home Park Site: 10 acres Mobile Home Lot: 6,000 square feet All Other Principal Uses: 1 acre
B. MINIMUM LOT WIDTH:
Mobile Home Lot: 60 feet All Other Uses: 100 feet
C. MAXIMUM LOT COVERAGE: 40%
D. MINIMUM FRONT YARD:
Mobile Home Park Site: 75 feet Mobile Home Lot: 5feet .
E. MINIMUM REAR YARD:
Mobile Home Park Site: 50 feet Mobile Home Lot: 10 feet All Other Principal Structures: 25 feet Accessory Structures: 5 feet
45 F. MINIMUM SIDE YARD:
Mobile Home Park Site: 50 feet Mobile Home Lot: 10 feet All Other Principal Structures: 25 feet Accessory Structures: 10 feet
G. SPECIAL YARD REQUIREMENTS: See Section 2003
H. PERMITTED PROJECTIONS INTO REQUIRED YARDS: See Section 2004
I.
All Principal Structures: 2 % stories, but no more than 35 feet All Accessory Structures: 1 story, but no more than 15 feet
J. HEIGHT EXCEPTIONS: See Section 2005
SECTION 803 PARKING AND LOADING See Article XXI
SECTION 804 SIGNS See Article XXll
SECTION 805 SCREENING AND LANDSCAPING See Section 2002
SECTION 806 STORAGE See Section 2009
46 ARTICLE IX
RP, REGIONAL PARK, DISTRICT
SECTION 900 PURPOSE
To regulate the development within the Allegheny County Regional Park within the limits of South Park Township; to protect and preserve open space and recreational opportunities and environmentally sensitive areas; to promote tourism and economic development in the Township related to this major regional recreational facility.
SECTION 901 AUTHORIZED USES
A. PERMITTED USES
1. Principal Uses
a. Bicycle Rental, Sales or Repair b. Candy or Ice Cream Store c. Commercial Recreation d. Firehouse e. Noncommercial Recreation f. Public Buildings g. Public Recreation
2. Accessory Uses
a. Signs, subject to Article XXII b. Off-street Parking and Loading, subject to Article XXI c. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. d. Fences, subject to 52003.3 e. Temporary Construction Trailer or Sales Office, subject to § 2007.
B. CONDITIONAL USES:
1. Principal or Accessory Use
a. Boarding Stables, subject to 51903.6
47 C. USES BY SPECIAL EXCEPTION:
a. Temporary Use or Structure, other than a Construction Trailer or Sales Office, subject to $1903.36.
SECTION 902 AREA AND BULK REGULATIONS
In the RP, Regional Park, District, all uses shall be subject to the following regulations, except as they may be modified by the express standards and criteria for the specific conditional uses and uses by special exception contained in Article XIX.
A. MINIMUM LOT AREA:
Regional Park: 250 acres Public Recreation within Regional Park: 1 acre Noncommercial Recreation within Regional Park: 5 acres Commercial Recreation within Regional Park: 5 acres
B. MINIMUM LOT WIDTH: 200 feet
C. MAXIMUM LOT COVERAGE: 15%
D. MINIMUM FRONT YARD: 25 feet
E. MINIMUM REAR YARD:
Adjoining "R" District: 100 feet Ail Others: 25 feet
F. MINIMUM SIDE YARD:
Adjoining "R" District: 100 feet All Others: 25 feet
G. SPECIAL YARD REQUIREMENTS: See Section 2003
H. PERMITTED PROJECTIONS INTO REQUIRED YARDS: See Section 2004
I. MAXIMUM HEIGHT: 3 stories, but no more than 45 feet
J. HEIGHT EXCEPTIONS: See Section 2005
48 e a a *0 SECTION 903 PARKING AND LOADING See Article XXI SECTJON 904 SIGNS See Article XXll
a SECTION 905 SCREENING AND LANDSCAPING See Section 2002 8 a SECTION 906 STORAGE See Section 2009 a c e *1) e *a *Y e e e *a e 0 0 a 0 8 e a
49 e *e ARTICLE X
C-1 COMMUNITY COMMERCIAL DISTRICT
SECTlON 1000 PURPOSE
The purpose of this District is to preserve existing commercial areas on arterial roads which serve the shopping needs of Township residents, to provide additional opportunities for the growth of local businesses and to protect residential neighborhoods from intrusion by commercial uses.
SECTION 1001 AUTHORIZED USES
In the C-1 , Community Commercial, District, only the following uses are authorized:
A. PERMITTED USES
1. Principal Uses
a. Bakery, Retail b. Bicycle Rental, Sales or Repair c. Business Services d. Business or Professional Offices e. Candy or Ice Cream Store f. Catering Business, not including hall rental g. Convenience Store h. Delicatessen 1. Financial Institutions j. Health Club k. Library 1. Neighborhood Business m. Personal Services n. Pet Grooming 0. Pharmacy p. Public Buildings q. Restaurant or Tavern r. Retail Stores s. Specialty Retail Stores t. Specialty Food Stores u. Studio, Art, Music or Photography v. Essential Services
50 2. Accessory Uses
a. Signs, subject to Article XXII b. Off-street Parking and Loading, subject to Article XXI c. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. d. Fences, subject to $2003.3 e. Home Occupation in a Dwelling which is a Nonconforming Use, subject to § 201 1 f. Drive-in Facility, subject to $ 2006
5. CONDITIONAL USES
1. Principal Uses
a. Churches, subject to $1 903.9 b. Commercial Recreation, subject to 51903.1 1 C. Night Club, subject to g1903.23 d. Noncommercial Recreation, subject to $1 903.27 e. Repair Shop f. School, Public or Private, subject to $1903.9 9. Warehousing and Distribution, Class 1, subject to $1903.39 h. Wholesaling, Class 1, subject to $1903.39
C. USES BY SPECIAL EXCEPTION
1. Principal Uses
a. Animal Hospital, subject to 31903.4 b. Apartment Above Office or Retail, subject to $1903.2 C. Car Wash, subject to $1903.7 d. Day Care Center or Pre-School Facility, subject to $1903.13 e. Group Care Facility or Personal Care Boarding Home, subject to $1903.17 f. Private Club, subject to $1903.25 9. Service Station, subject to $1903.34 h. Temporary Use or Structure, other than a Construction Trailer, subject to $1903.36 1. Comparable Uses Not Specifically Listed in this District, subject to §I903.12.
51 SECTION 1002 AREA AND BULK REGULATIONS
In the C-1, Community Commercial, District, all uses shall be subject to the following regulations, except as they may be modified by the express standards and criteria for the specific conditional uses and uses by special exception contained in Article XIX.
A. MINIMUM LOT AREA: 7,500 square feet
B. MINIMUM LOT WIDTH: 75 feet C. MAXIMUM LOT COVERAGE: 50%
D. MINIMUM FRONT YARD: 30 feet E. MINIMUM REAR YARD:
All Principal Structures: 25 feet Accessory Structures: 5 feet F. MlNlMUM SIDE YARD:
Adjoining Residential Zoning District: 40 feet All Other Principal Structures: 20 feet Accessory Structures: 10 feet
G. SPECIAL YARD REQUIREMENTS: See Section 2003 w. PERMITTED PWQJECTIONS INTO REQUIRED YARDS: See Section 2004
I. MAXIMUM HHGHT:
All Principal Structures: 3 stories, but no more than 45 feet All Accessory Structures: 1 story, but no more than 15 feet
J. HEIGHT EXCEPTIONS: See Section 2005
SECTION 1003 PARKING AND LOADING See Article XXI
SECTION 1004 SIGNS See Article XXJl
SECTION IO05 SCREENlNG AND LANDSCAPING See Section 2002
SECTlON 1006 STORAGE See Section 2009
52 ARTICLE XI
C-2 SHOPPJNG CENTER DISTRICT
SECTION 1100 PURPOSE
The purpose of this District is to provide opportunities for development of larger sites in higher volume traffic corridors as well-designed, integrated shopping centers with common points of access to the regional highway network, a common design theme, common parking areas and other common features such as signage to serve the general shopping needs of the community.
SECTION 1101 AUTWOREED USES
In the C-2, Shopping Center, District, only the following uses are authorized:
A. PERMITTED USES
1. Principal Uses
a. Bakery, Retail b. Bicycle Rental, Sales or Repair C. Business Services d. Business or Professional Offices e. Candy or Ice Cream Store f. Catering Business, not including hall rental g- Convenience Store h. Delicatessen 1. Drugstore or Pharmacy i- Essential Services k. Financial Institutions 1. Health Club m. Indoor Entertainment n. Library 0. Personal Services P. Post Secondary School q. Restaurant or Tavern r. Retail Stores S. Specialty Retail Stores t. Specialty Food Stores U. Studio, Art, Music or Photography V. Supermarket
53 2. Accessory Uses
a. Signs, subject to Article XXll b. Off-street Parking and Loading, subject to Article XXI c. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. d. Fences, subject to $2003.3 e. Home Occupation in a Dwelling which is a Nonconforming Use, subject to $ 201 1 f. Drive-in Facility, subject to 5 2006 B. CONDITIONAL USES
1. Principal Uses
a. Commercial Recreation, subject to $1903.1 1 b. Commercial School, subject to $1903.40 c. Hospital, Clinic or Nursing Home, subject to 03.18 d. Personal Care Boarding Home, subject to $1 1.17 e. Warehousing and Distribution, Class 1, subject to $1903.39 f. Wholesaling, Class 1, subject to $1903.39
C. USES BY SPECIAL EXCEPTION
I. Principal Uses
a. Day Care Center or Pre-School Facility, subject to 51903.13 b. Car Wash, subject to $1903.7 c. Temporary Use or Structure, other than a Construction Trailer, Model Home or Sales Office, subject to $1903.36 d. Service Station, subject to $1903.34 e. Comparable Uses Not Specifically Listed in this District, subject to $1903.1 2
SECTION 1102 AREA AND BULK REGULaYlONS
In the C-2, Shopping Center, District, all uses shall be subject to the following regulations, except as they may be modified by the express standards and criteria for the specific conditional uses and uses by special exception contained in Article XIX. A. MINIMUM LOT AREA: Shopping Center Site: 5 acres Lots within Shopping Center Development: 20,000 square feet Lots for Other Authorized Principal Uses 20,000square feet
54 B- MINIMUM LOT WIDTH:
Shopping Center Site: 200 feet Lots within Shopping Center Development: 90 feet Lots for Other Authorized Principal Uses: 90 feet
C. MAXIMUM LOT COVERAGE: 40%
0. MINIMUM FRONT YARD: 50 feet
E. MINIMUM REAR YARD:
All Principal Structures: Adjoining any "R" District: 50 feet All Others: 25 feet Accessory Structures: 10 feet
F. MINIMUM SIDE YARD:
All Principal Structures: Adjoining any "R" District: 50 feet All Others: 20 feet Accessory Structures: 10 feet
G. SPECIAL YARD REQUIREMENTS: See Section 2003
-, H. PERMITTED PROJECTIONS INTO REQUlREB YARDS: See Section 2004
1. MAXIMUM HEIGHT:
All Principal Structures: 3 stories, but no more than 45 feet All Accessory Structures: 1 story, but no more than 15 feet
J. HEIGHT EXCEPTIONS: See Section 2005
SECTION 1103 PARKING AND LOADING See Article XXI
SECTION 1104 SIGNS See Arbcle XXII
SECTION 1105 SCREENING AND LANDSCAPING See Section 2002
SECTION 1106 STORAGE See Section 2009
55 ARTICLE XI1
C-3 VILLAGE CENTER COMMERCIAL DISTRICT
SECTION 1200 PURPOSE
The purpose of this District is to preserve the existing commercial centers in the established areas of Curry, Broughton and South Park and to provide additional opportunities for the growth of small businesses and to encourage the maintenance and redevelopment of these older commercial areas in the Township.
SECTION 1201 AUTHORIZED USES
In the C-3, Village Center Commercial, District, only the following uses are authorized:
A. PERMITTED USES
1. Principal Uses
a. Bakery, Retail b. Beverage Distributor C. Bicycle Rental, Sales or Repair d. Business Services e. Business or Professional Offices f. Candy or Ice Cream Store GI. Catering Business with or without hall rental h. Conference Center 1. Contracting Business i. Convenience Store k. Delicatessen 1. Drug Store or Pharmacy rn. Essential Services n. Financial Institutions 0. Fire House
Po Health Club q- Indoor Entertainment r. Library S. Museum or Historic Site t. Personal Services ._ u. Post Secondary School V. Public Buildings W. Public Transit Stations
56 x. Repair Shop Y- Restaurant or Tavern 2. Retail Stores aa. Sign Fabricator bb. Specialty Retail Stores cc. Specialty Food Stores dd. Studio, Art, Music or Photography
2. Accessory Uses
a. Signs, subject to Article XXll b. Off-street Parking and Loading, subject to Article MI 6. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. d. Fences, subject to 32003.3 e. Home Occupation in a Dwelling which is a Nonconforming Use, subject to 5 201 1 f. Drive-in Facility, subject to Q 2006
B. CONDITIONAL USES
I. Principal Uses
a. Townhouses or Garden Apartments, subject to 51903.22 b. Churches, subject to 51903.9 c. Clinic or Nursing Home, subject to 51903.18 d. Commercial School, subject to 51903.40 e. Noncommercial Recreation, subject to $1903.27 6. Schools, Public or Private, subject to 51903.9 9. Public or Private Parking Lot or Parking Garage, subject to 51903.28 h. Warehousing and Distribution, Class 1, subject to 31903.39 i. Wholesaling, Class 1, subject to 51903.39 j. Conversion of Surplus School Space, subject to 51903.44
C. USES BY SPECIAL EXCEPTION
1. Principal Uses
a. Animal Hospital, subject to g1903.4 b. Apartment Above Office or Retail, subject to g1903.2 c. Billboards, subject to 31903.5
57 d. Car Wash, subject to $1903.7 e. Cemetery, subject to 51 903.8 f. Commercial Recreation, subject to §1903.11 g* Day Care Center or Pre-School Facility, subject to $1903.13 h. Funeral Home, subject to 51903.16 i. Group Care Facility, Personal Care Boarding Home or Transitional Dwelling, subject to 51903.17 j. New and Used Vehicle Sales, subject to 51903.38 k. Private Club, subject to 51903.25 1. Service Station, subject to 51903.34 m. Temporary Use or Structure, other than a Construction Trailer, subject to 51903.36 .. n. Vehicle Repair Garage, subject to $1903.37 0. Comparable Uses Not Specifically Listed in this District, subject to 51903.12
SECTION 1202 AREA AND BULK REGULATIONS
In the C-3,Village Center, District, all uses shall be subject to the following regulations, except as they may be modified by the express standards and criteria for the specific conditional uses and uses by special exception contained in Article XIX. a. MNOMUM LOT AREA:
Garden Apartment: 40,000 square feet All Other Uses: 7,500 square feet * * Exception: Any lot of record in existence as of January 1, 1996 may be used for any authorized use in the C-3 District which requires a minimum lot area of 7,500 sqijare feet without a lot area variance, provided all other arppliczble area and bulk regulations of this Section can be met.
B. MINIMUM LOT WIDTH:
Garden Apartment: 100 feet All Other Uses: None Required
C. MAXIMUM LOT COVERAGE: 75%
D. MINIMUM FRONT YARD: 10 feet
E. MINIMUM REAR YARD:
All Principal Structures: 25 feet Accessory Structures: 5 feet
58 Y F. MINIMUM SlDE YARD: a Principal Structures Adjoining Any "RI District: 20 feet e All Other Principal Structures: None Required a Accessory Structures: 5 feet *e G. SPECIAL YARD REQUIREMENTS: See Section 2003 @ H. PERMITTED PROJECTIONS e INTO REQUIRED YARDS: See Section 2004 .1 a 1. MAXIMUM HEIGHT: ii All Principal Structures: 3 stories, but no more than 45 feet All Accessory Structures: 1 story, but no more than 15 feet 4 J. HEIGHT EXCEPTIONS: See Section 2005
SECTION 1203 PARKING AND LOADING See Article XXl c
SECTION 1204 SIGNS See Article XXll a
SECTION 1205 SCREENING AND LANDSCAPING See Section 2002 Y e SECTION 1206 STORAGE See Section 2009 a a Y e e ..e a e .i e 0 e 0 a 59 .,0 a a e ARTICLE Xlll
C-4 HEAVY COMMERCIAL DISTRICT
SECTION 1300 PURPOSE
The purpose of this District is to accommodate the existing pattern of heavier commercial uses in the Brownsville Road and Piney Fork corridors which are buffered from residential areas by steep topography and to promote flexibility in the future development of these areas by allowing both commercial and a selection of compatible light industrial uses.
SECTION 1301 AUTHORIZED USES
In the C-4, Heavy Commercial, District, only the following uses are authorized:
A. PERMITTED USES
1. Principal Uses
a. Bakery, Retail b. Bakery, Commercial C. Beverage Distributor d. Bicycle Rental, Sales or Repair ., . e. Business and Professional Offices f. Business Services g- Candy or Ice Cream Store h. Catering Business, with or without hall rental 1. Conference Center in Contracting Business k. Essential Services e. Financial Institutions m. Firehouse n. Garden Center 0. Health Club P. Heavy Equipment Rental, Sales and Repair 9. Indoor Entertainment r. Landscaping Contractor S. Library t. Mini-Warehouse or Self-storage Buildings U. MoteVHotel V. Personal Services W. Pet Grooming
60 X. Post Secondary School Y- Repair Shop 2. Restaurant or Tavern aa. Retail Stores bb. Service Station cc. Sign Fabricator dd. Studio, Art, Music or Photography ee. Supermarket ff. Vehicle Repair Garage 9% Warehousing and Distribution, Class 1 and 2 hh. Wholesaling, Class 1 and 2
2. Accessory Uses
a. Signs, subject to Article XXll b. Off-street Parking and Loading, subject to Article XXI c. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. d. Fences, subject to S2003.3 e. Home Occupation in a Dwelling which is a Nonconforming Use, subject to § 201 1 f. Drive-in Facility, subject to § 2006-. -. I. B. CQMDlTlQMAL US€S *.
I. Principal Uses
a. Clinic, subject to 51903.18 b. Commercial School, subject to $1903.40 C. Commercial Recreation, subject to $1903.1 1 d. Contractor’s Yard, subject to $1903.42 e. Juvenile Incarceration Facility, subject to §I903.43 f. Mobile Home Sales, subject to 51903.31 g. Nightclub, subject to 51903.23 h. Noncommercial Recreation, subject to §I903.27 1. Public or Private Parking Lot or Parking Garage, subject to §I903.28 i. Sanitary Sewer Storage Equalization Tank, subject to 51903.46 k. Conversion of Surplus School Space, subject to $1903.44
61 C. USES BY SPECIAL EXCEPTION
1. Principal Uses
a. Animal Hospital or Kennel, subject to 51903.4 b. Car Wash, subject to $1903.7 c. Day Care Center or Pre-School Facility, subject to 51903.13 d. Group Care Facility or Transitional Dwelling, subject to 51903.17 e. Temporary Use or Structure, other than a Construction Trailer, Model Home or Sales Office, subject to $1903.36 f. Comparable Uses Not Specifically Listed in this District, subject to 51903.12
SECTION 1302 AREA AND BULK REGULATIONS
In the C-4, Heavy Commercial, District, all uses shall be subject to the following regulations, except as they may be modified by the express standards and criteria for the specific conditional uses and uses by special exception contained in Article XIX.
A. MINIMUM LOT AREA: 10,000 square feet
B. MINIMUM LOT WIDTH: 90 feet
C. MAXIMUM LOT COVERAGE: 50%
D. MIINIRIIUM FRONT YARD: 30 feet E. MINBMURW REAR YARD:
Principal Structures Adjoining Any "R" District: 50 feet All Other Principal Structures: 20 feet Accessory Structures: 10 feet
F. MINIMUM SIDE YARD:
Principal Structures Adjoining Any "R" District: 50 feet All Other Principal Structures: 15 feet Accessory Structures: 10 feet
G. SPECIAL YARD REQUIREMENTS: See Section 2003
H. PERMITTED PROJECTIONS INTO REQUIRED YARDS: See Section 2004
62 a e a 1. MAXIMUM HEIGHT: All Principal Structures: 3 stories, but no more than 45 feet a All Accessory Structures: 1 story, but no more than 15 feet a a J. HEIGHT EXCEPTIONS: See Section 2005 a K. RIPARIAN BUFFER: 50 feet from the top of the bank of the e stream on both sides of the stream I. SECTION 1303 PARKING AND LOADING See Article )(XI a e SECTION 1304 SIGNS See Article XXll a SECTION 1305 SCREENlNG AND LANDSCAPING See Section 2002 m a SECTION 1306 STORAGE See Section 2009 e a 0 a e.- a 9 a @ a a 9 (i e a e a a a 0 a 63 a e a e a a a a a ARTICLE XIV a C-R CONSERVATION RECREATION DISTRICT a a SECTION 1400 PURPOSE a The purpose of this District is to preserve steep slopes, floodplains and scenic/historic a resources, to allow compatible low density residential development, to protect access to 0 the Piney Fork and Peters Creek streams, to promote recreational use of the streams and a to accommodate supporting uses to the Montour Trail. a SECTION 1401 AUTHORIZED USES a 0 In the C-R, Conservation Recreation District, only the following uses are authorized: a a A. PERMITTED USES a 1. Principal Uses a a. Single Family Dwellings b. Library a c. Museum or Historic Site a d. Public Recreation a e. Natural Area 0 f. Essential Services a a 2. Accessory Uses a a. Signs, subject to Article XXll b. Off-street Parking and Loading, subject to Article XXI c. Accessory Uses customarily incidental to and on the same lot with a any permitted use, conditional use or use by special exception a authorized in this District. 0 d. Fences, subject to $2003.3 a e. Home Occupation in a dwelling which is a Nonconforming Use, a subject to § 2012 a B. CONDITIONAL USES a a 1. Principal Uses a a. Boarding Stable, subject to §I903.6 a a 64 a a a a a a a b. Commercial Recreation, subject to §I903.1 1 a c. Non-commercial Recreation, subject to 31903.27 a d. Supporting Uses for the Montour Trail, subject to s1903.41 a a C. USES BY SPECIAL EXCEPTION a a I. Principal Uses a a. Temporary Use or Structure, other than a Construction Trailer, a subject to $1903.36 e b. Comparable Uses Not Specifically Listed in this District, subject to a $1903.12 a SECTION 1402 AREA AND BULK REGULATIONS e In the C-R, Commercial Recreation, District, all uses shall be subject to the following e regulations, except as they may be modified by the express standards and criteria for the e specific conditional uses and uses by special exception contained in Article XIX. a a A. MINIMUM LOT AREA: a Single Family Dwelling 1 acre a All Other Principal Uses 7,500 square feet -a e B. MINIMUM LOT WIDTH: 75 feet a C. MAXIMUM LOT COVERAGE: a 50% a D. MINIMUM FRONT YARD: 30 feet a E. MlNlMUM REAR YARD: a All Principal Structures: 25 feet a Accessory St ruct ures : 5 feet e a .F. MINIMUM SIDE YARD: a Adjoining Residential Zoning District: 40 feet a All Other Principal Structures: 20 feet a Accessory Structures: 10 feet e a G. SPECIAL YARD REQUIREMENTS: See Section 2003 a a 65 a a a a e e e e H. PERMITTED PROJECTIONS 0 INTO REQUIRED YARDS: See Section 2004 e e 1. MAXIMUM HEIGHT: e All Principal Structures: 3 stories, but no more than 45 feet a All Accessory Structures: 1 story, but no more than 15 feet e 0 J. HEIGHT EXCEPTIONS: See Section 2005 e K. RIPARIAN BUFFER: 50 feet from the top of the bank of the e stream on both sides of the stream a SECTION 1403 PARKING AND LOADING See Article XXI 0 a SECTION 1404 SIGNS See Article XXll 0 e SECTION 1405 SCREENING AND LANDSCAPING See Section 2002 0 a SECTION 1406 STORAGE See Section 2009 e 0 e @ 0 e e a e e e e e e e e a 66 0 0 a e e a e e ARTICLE XV e e 9-P BUSINESS PARK DISTRICT a SECTION 1500 PURPOSE e The purpose of this District is to encourage the development of large sites into business a parks which promote coordinated, campus-type development, including supporting 0 business services, limited commercial services and research and development activities 0 that contribute to an integrated working environment with adequate buffers and protections a for adjacent residential districts. a SECTJON I501 AUTHORIZED USES e 0 In the 9-P, Business Park, District, only the following uses are authorized: e a A. PERMITTED USES a 1. Principal Uses 0 a. Business and Professional Offices e b. Business Services a c. College e d. Conference Center e e. Essential Services f. Financial Institutions * g. Health Club a R. Motel or Hotel a 1. Museum or Historic Site 0 i. Public Buildings a k. Research and Development a 2. a Accessory Uses a a. Signs, subject to Article XXII 0 b. Off-street Parking and Loading, subject to Article XXI c. Accessory Uses customarily incidental to and on the same lot with e any permitted use, conditional use or use by special exception e authorized in this District. a d. Fences, subject to 92003.3 e e. Employee Cafeteria or Dining Room a e a 67 a e e a e e 6. CONDITIONAL USES e 1. Principal Uses e a. Clinic or Hospital, subject to 51903.18 e b. Commercial School, subject to 51903.40 c. Juvenile Incarceration Facility, subject to 51903.43 e d. Nightclub, subject to (51903.23 e e. Nursing Home, subject to 51903.18 f. Personal Care Boarding Home, subject to $1903.17 e Regulation Golf Course, subject to $1903.30 0 g. e 2. Accessory Uses e a. Pilot Manufacturing, subject to 51903.24 e b. Restaurant in a Business Park, subject to 51903.32 e c. Supporting Commercial Uses in a Business Park, subject to 51903.33, including, but not limited to: e
(1) Bakery, Retail (2) Bicycle Rental, Sales and Repair (3) Delicatessen e (4) Drive-in Facility a (5) Personal Services e (6) Pharmacy e C. USES BY SPECIAL EXCEPTJON e e 1. Principal Uses a a. Day Care Center or Pre-School Facility, subject to 91903.13 a b. Private Club, subject to 51903.25 c. Temporary Use or Structure, other than a Construction Trailer, Model e Home or Sales Ofice subject to s1903.36 e d. Comparable Uses Not Specifically Listed in this District, subject to e 51903.12 a 2. Accessory Uses e e a. Day Care Center or Pre-School Facility, subject to 51903.1.3 . 0 b. Private Club, subject to $1903.25 e SECTION 1502 AREA AND BULK REGULATIONS a e In the B-PI Business Park, District, all uses shall be subject to the following regulations, except as they may be modified by the express standards and criteria for the specific e conditional uses and uses by special exception contained in Article XIX. e e e 68 e a e e 0 e a e e A. MINIMUM LOT AREA: e Research and Development 30 acres e Business Park Site: 10 acres 0 Lot in a Business Park: 40,000 square feet a a B. MINIMUM LOT WIDTH: e Business Park Site: 200 feet e Lot in a Business Park: 100 feet a a C. MAXIMUM LOT COVERAGE: 40% e D. MINIMUM FRONT YARD: 50 feet e e E. MINIMUM REAR YARD: a Adjoining Any "RI District: 150 feet 0 All Other Principal Structures: 40 feet e All Other Accessory Structures: 15 feet 0 F. MINIMUM SIDE YARD: e e Adjoining Any "R" District: 150 feet 0 All Other Principal Structures: 20 feet e All Other Accessory Structures: 10 feet e G. SPECIAL YARD REQUIREMENTS: See Section 2003 0 e H. PERMITTED PROJECTIONS e INTO REQUIRED YARDS: See Section 2004 e 1. MAXIMUM HEIGHT: a 0 All Principal Structures: 3 stories, but no more than 45 feet e All Accessory Structures: 1 story, but no more than 15 feet 0 J. HEIGHT EXCEPTIONS: See Section 2005 e e SECTION 1503 PARKING AND LOADING See Article XXI e SECTION 1504 SIGNS See Article XXII 0 e 69 e 0 e e SECTION 1505 SCREENING AND LANDSCAPING See Section 2002
SECTION 1506 STORAGE See Section 2009
.. .
70 ARTICLE XVI
1-1 LIGHT INDUSTRIAL, DISTRICT
SECTION 1600 PURPOSE
The purpose of this District is to provide for light industrial uses in appropriate locations in the Township, consistent with sound planning and environmental controls.
SECTION 1601 AUTHORIZED USES
In the 1-1 , Light Industrial, District, only the following uses are authorized:
A. PERMITTED USES
1. Principal Uses
a. Bakery, Commercial b. Business and Professional Offices C. Business Services d. Commercial Schools e. Contracting Business or Contractor's Yard f. Drive-In Theater g. Essential Services h. Financial Institutions 1. Heavy Equipment Rental, Sales and Repair i- Landscaping Contractor k. Light Manufacturing 1. Mini-Warehouses/Self-Storage Buildings m. Repair Shop 91. Research and Development, including Pilot Manufacturing 0. Service Station P. Sign Fabricator q* Supply Yard r. Truck Terminals S. Vehicle Repair Garage t. Vehicle Sales, New and Used U. Warehousing and Distribution, Class 1 and 2 V. Wholesaling, Class 1 and 2
2. Accessory Uses
a. Signs, subject to Article XXll
.-' 71 b. Off-street Parking and Loading, subject to Article XXI c. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. d. Fences, subject to 52003.3 e. Employee Cafeteria or Dining Room f. Home Occupation in a Dwelling which is a Nonconforming Use, subject to 5 201 1 g. Drive-in Facility, subject to 5 2006
B. CONDITIONAL USES
I/ 1. Principal Uses
a. Adult Businesses, subject to 91903.1 b. Juvenile Incarceration Facility, subject to $1903.43 c. Mobile Home Sales, subject to $1903.31 d. Nightclub, subject to 51903.23 e. Public Utility Installations, subject to 51903.29 f. Sanitary Sewer Storage Equalization Tank, subject to 51903.46
C. USES BY SPECIAL EXCEPTION _.,. I. Principal-Uies
a. Day Care Center or Pre-School Facility, subject to 51903.13 b. Group Care Facility or Transitional Dwelling, subject to 51903.17 c. Temporary Use or Structure, other than a Construction Trailer, subject to 51903.36 d. Comparable Uses Not Specifically Listed in this District, subject to 51903.12
2. Accessory Uses
a.' Storage Trailer or Watchman's Facility, subject to 51903.35
SECTION 1602 AREA AND BULK REGULATIONS
In the 1-1, Light Industrial, District, all uses shall be subject to the following regulations, except as they may be modified by the express standards and criteria for the specific conditional uses and uses by special exception contained in Article XIX.
A. MINIMUM LOT AREA: 20,000 square feet
72 B. MINIMUMLOT WIDTH: 90 feet
C. MAXIMUM LOT COVERAGE: 50%
D. MINIMUM FRONT YARD: 30 feet
E. MINIMUM REAR YARD:
Adjoining Any "RI District: 50 feet All Other Principal Structures: 25 feet Accessory Structures: 15 feet
F. MiNiMUM SIDE YARD:
Adjoining Any "RgDistrict: 50 feet All Other Principal Structures: 20 feet Accessory Structures: 10 feet
G. SPECIAL YARD REQUIREMENTS: See Section 2003
"L H. PERMITTED PROJECTIONS INTO REQUIRED YARDS: See Section 2004
1. MAXIMUM HEIGHT:
All Principal Structures: 3 stories, but no more than 45 feet All Accessory Structures: 1 story, but no more than 20 feet
J. HEIGHT EXCEPTIONS: See Section 2005
K. RIPARIAN BUFFER: 50 feet from the top of the bank of the stream on both sides of the stream
SECTION 1603 PARKING AND LOADING See Article XXI
SECTION 1604 SIGNS See Article XXII
SECTION 1605 SCREENING AND LANDSCAPING See Section 2002 '
SECTION 1606 STORAGE See Section 2009
73 ARTICLE Wll
1-2 GENERAL INDUSTRIAL, DISTRICT
SECTION 1700 PURPOSE ,.
The purpose of this District is to provide for general industrial uses in an appropriate location in the Township which is reasonably distant and buffered from the developed residential areas, consistent with sound planning and environmental controls.
SECTION 1701 AUTHORIZED USES
In the 1-2, General Industrial, District, only the following uses are authorized:
A. PERMITTED USES
1. Principal Uses
a. Bakery, Commercial b. Business and Professional Offices c. Business Services d. Commercial Schools e. Contracting Business or Contractor's Yard f. Drive-In Theater 9- Essential Services h. Financial Institutions 1. Heavy Equipment Rental, Sales and Repair i- Landscaping Contractor k. Light Manufacturing 1. Mini-Wa rehousedSel f-Storage Buildings m. Repair Shop n. Research and Development, including Pilot Manufacturing 0. Service Station P- Sign Fabricator q. Supply Yard r. Truck Terminals S. Vehicle Repair Garage t. Vehicle Sales (New & Used) U. Warehousing and Distribution, Class 1 and 2 V. Wholesaling, Class 1 and 2
2. Accessory Uses
a. Signs, subject to Article XXll
74 b. Off-street Parking and Loading, subject to Article XXI c. Accessory Uses customarily incidental to and on the same lot with any permitted use, conditional use or use by special exception authorized in this District. d. Fences, subject to 52003.3 e. Employee Cafeteria or Dining Room f. Home Occupation in a Dwelling which is a Nonconforming Use, subject to 5 201 1 g. Drive-in Facility, subject to $ 2006
B. CONDITIONAL USES
I. Principal Uses
a. Adult Businesses, subject to $1903.1 b. Collection and Recycling Facility, subject to 51903.10 C. Commercial Recreation, subject to $1903.1 1 . d. Incinerator, subject to $1903.19 e. Landfill, subject to 51903.20 f. Mobile Home Sales, subject to 51903.31 g. Public Utility Installations, subject to $1903.29 h. Regulation Golf Course, subject to 51903.30
C. USES BY SPECIAL EXCEPTION
1. Principal Uses
a. Essential Communications Facility, subject to 51903.14 b. Day Care Center or Pre-School Facility, subject to 51903.13 c. Temporary Use or Structure, other than a Construction Trailer, Model Home or Sales Office, subject to 51903.36 d. Comparable Uses Not Specifically Listed in this District, subject to $1903.12
2. Accessory Uses a. Composting Accessory to a Landfill, subject to $1903.20 + b. Storage Trailer or Watchman's Facility, subject to 51903.35 SECTION 1702 AREA AND BULK REGULATIONS a 0 In the 1-2, General Industrial, District, all uses shall be subject to the following regulations, e except as they may be modified by the express standards and criteria for the specific e conditional uses and uses by special exception contained in Article XIX a a 75 0 a 0 A. MINIMUM LOT AREA: 40,000 square feet
B. MINIMUM LOT WIDTH: 200 feet
C. MAXIMUM LOT COVERAGE: 50%
D. MINIMUM FRONT YARD: 50 feet
E. MINIMUM REAR YARD:
Adjoining Any "RI District: 100 feet All Other Principal Structures: 50 feet Accessory Structures: 25 feet
F. MINIMUM SIDE YARD:
Adjoining Any "R' District: 100 feet All Other Principal Structures: 50 feet Accessory Structures: 25 feet
G. SPECIAL YARD REQUIREMENTS: See Section 2003
H. PERMITTED PROJECTIONS INTO REQUIRED YARDS: See Section 2004
1. MAXIMUM HEIGHT:
All Principal Structures: 3 stories, but no more than 45 feet All Accessory Structures: Istory, but no more than 15 feet
J. HEIGHT EXCEPTIONS: See Section 2005
SECTION 1703 PARKING AND LOADING See Article XXI
SECTION 1704 SIGNS See Article XXll
SECTION 1705 SCREENING AND LANDSCAPING See Section 2002
SECTION 1706 STORAGE See Section 2009
76 ARTICLE XVlll
PLANNED RESIDENTIAL DEVELOPMENT
SECTION 1800 PURPOSE
The purpose of this Article is to encourage innovations in residential development so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings and uses; to provide greater opportunities for better housing and recreation; to encourage a more efficient use of land and of public services; and to reflect changes in the technology of land development.
SECTION 1801 PROCEDURE
The PRD provisions herein for the approval of a development plan shall be in lieu of the procedures and provisions in the zoning regulations herein except where specifically noted. Failure to comply with the provisions of this Section shall constitute a violation of this Zoning 0rd i nance.
SECTION 1802 MUNICIPALITIES PLANNING CODE (MPC)
The provisions and language of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended) shall be considered effective in this Section, and any proposed developments shall comply with the current provisions thereof. In the event of conflict between provisions herein stated and the Municipalities Planning Code (MPC), the Municipalities Planning Code (MPC) shall govern.
SECTION 1803 ADMINISTRATION
The PRD provisions and application shall first be reviewed by the Planning Commission and Township Engineer and approved or disapproved by the Board of Supervisors.
SECTION 1804 ISSUANCE AND REVIEW OF PERMITS
Responsibility for the issuance of permits and all matters pertaining to administration of the plan as finally approved by the Board of Supervisors shall be vested in the Township Zoning Officer. Upon application of the landowner or developer showing compliance with the requirements of final approval, the Zoning Officer shall issue permits for construction pursuant to the plan, or any section thereof.
77 SECTION 1805 DEFINITIONS
For purposes of this Article, the following definitions shall apply:
APPLICANT: A landowner or developer who shall have filed an application for PRD. Proof of ownership, including the signatures of all owners, where multiple ownership of land exists, or other proof of a vested interest in the property must be supplied to the Zoning Officer with the submission of the tentative application.
COMMOhJ OPEN SPACE: A parcel or parcels of land or an area of water within a development site designed and intended for the use or enjoyment of residents of the PRD, but excluding streets, off-street parking areas and areas set aside for public facilities. "Common open space" shall be substantially free of structures, but may contain such improvements as approved in the final development plan.
DEVELOPER: Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made an application for a PRD.
DEVELOPMENT PLAN: A proposal for the development of a PRD, prepared in accordance with this Article, including a plat of subdivision, location of various uses, all covenants related to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this Article, shall mean both the written and graphic material referred to in this definition.
LANDOWNER: The legal or beneficial owner or owners of land, the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in the land.
PLANNED RESIDENTIAL DEVELOPMENT (PWD): A contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development pian for which does not conform in lot size, bulk or type of use, density, lot coverage and required open space to the regulations established in any one (1) residential district created from time to time under the provisions of the South Park Zoning Ordinance, and which must conform in all respects to the Subdivision and Land Development Chapter of the South Park Code (See Chapter 118).
PLAT: The map or plan of a land development, whether preliminary or final.
RECREATION AREAS: An area developed within the PRD for recreational activities which may include play fields, pools, tennis and game courts, picnic areas or other similar facilities.
78 SECTION: A part of a planned residential development which will be developed in accordance with a timetable over a period not to exceed five (5) years and included by the applicant in the development plan.
STAGE: A period of time within a sequence, under which a section commences development as a part of a planned residential development.
SECTION 1806 DEVELOPMENT STANDARDS
A. Eligibility: The site for any planned residential development shall meet the following requirements:
1. The entire site for the development shall be owned or controlled by the developer.
2. The entire site shall be located within a zoning district or districts where a PRD is permitted by this Article.
3. In the R-2, R-3 and R-4 Districts, the minimum site required for a Retirement Community Planned Residential Development shall be at least five (5) contiguous acres.
The minimum site required for all other Planned Residential Developments in the R-2 District shall be ten (IO) acres. In all other Districts, the minimum site required for a Planned Residential Development shall be at least ten (I0) contiguous acres.
4. The site pmposed for a Retirement Community, 2s defined herein, shall have frontage on and direct vehicular access to a street classified by this Chapter as an arterial or collector street. Access to local Township streets shall not be permitted, except that a secondary controlled "emergency only" access may be provided from a local Township street, if approved by the Township.
The site proposed for all other PRDs shall provide for direct access to and from an opened public street without causing congestion or hazard on local, collector or arterial streets.
5. The development shall be served by a community water supply and sewage disposal system which shall be available at the time of construction of structures as the development commences.
79 B. Permitted Uses: A PRD may include the following uses, based on the Zoning District in which the Planned Residential Development is proposed:
1. In the R-2, R-3 and R-4 Districts, a PRD designed as a Retirement Community as defined herein, may include one (1) or more of the following dwelling types:
a. Single family dwellings. b. Two-family dwellings. c. Townhouse buildings containing no more than five (5) dwelling units per building. d. Garden apartment buildings containing no more than fifty (50) dwelling units per building.
In addition to the dwelling types outlined in B.1, a Retirement Community shall include the following supporting uses:
a. Common leisure and/or recreational areas. b. Common dining area.
In addition, a retirement Community may include one (1) or more of the following supporting uses, subject to approval by the Township:
a. Postal station for use of the residents and staff only. b. Banking facility for use of the residents and staff only. C. Pharmacy and/or medical offices for use of the residents only. d. Personal services for the use of the residents only, including beauty shop, barber shop, common laundry facilities, dry cleaning valet. e. Ice cream parlor and/or floristlgift shop for the use of residents and their invited guests only. f. Personal care boarding home, provided the use meets all the conditional use criteria contained in 51903.17 of this Chapter. g. Nursing home licensed by the Commonwealth. h. Elderly day care center licensed by the Commonwealth. 1. Taxi, van or similar transportation services for the residents.
2. In all other PRDs in the R-2 District, only single family and two-family dwellings shall be permitted.
3. In the R-3 District, a PRD may include one (1) or more of the following uses: a. Single family dwellings. b. Two-family dwellings. c. Townhouses.
80 4. In the R-4 District, a PRD may include one (1) or more of the following uses:
a. Single family dwellings. b. Two-family dwellings. c. Townhouses. d. Garden Apartments.
5. In all Districts, common open space, recreational facilities such as tot lots, play fields, walking trails, pools, tennis and game courts and similar facilities and community centers shall be permitted in a Planned Residential Development.
DENSITY OF DEVELOPMENT
1. In the R-2, R-3 and R-4 Districts, the maximum dwelling unit density permitted in a Retirement Community Planned Residential Development shall be eight (8) dwelling units per net buildable acre.
2. In the R-2 District, the maximum dwelling unit density permitted in a PRD which is not designed as a Retirement Community shall be four (4) dwelling units per net buildable acre.
3. In the R-3 District, the maximum dwelling unit density permitted in a PRD shall be six (6) dwelling units per net buildable acre.
4. In the R-4 District, the maximum dwelling unit density permitted in a PRD shall be eighteen (18) units per acre.
COMMON OPEN SPACE REQUIRED
Not less than twenty-five percent (25%) of the total area of planned residential development shall be designated as and devoted to common open space. The common open space shall provide recreation appropriate to the needs of the planned residential development residents and subject to the approval of the South Park Planning Commission and the Board of Supervisors.
DESIGN, BULK AND LOCATION STANDARDS
1. Site Design.
a. All site design shall conform to the standards set forth in the Subdivision and Land Development Chapter of the South Park Township Code.
81 b. All housing shall be designed with regard to the topography and natural features of the site. The effects of prevailing winds, seasonable temperatures and hours of sunlight on the physical layout and form of the proposed buildings shall be taken into account.
C. The developer shall be required to identify steep slopes, woodlands, wetlands, floodplains and other environmentally sensitive or hazardous areas within the planned residential development. These areas shall either be left undisturbed or, if absolutely necessary, modified in accordance with the Pennsylvania Department of Environmental Protection, the Environmental Protection Agency, South Park Planning Commission and the South Park Township Engineer's requirements.
d. All housing shall be sited so as to enhance privacy and ensure natural light and air for all principal rooms. e. Variations in setbacks shall be provided where necessary to create a more pleasing layout. f. Housing and other facilities near the periphery of the planned residential development shall be designed so as to be harmonious with neighboring areas. -~ 9- No structure shall be within twenty (20)feet of the right-of-way of access roads, interior roads or of parking areas.
R. In a Retirement Community Planned Residential Development (PRD), no structure shall be less than forty (40) feet from any property line in an R-1 District.
In an R-2 Retirement Community Planned Residential Development, Buffer Area "A' which meets the standards of Section 2002 of this Chapter shall be provided along all property lines adjoining property in an R-1 or R-2 District. Along all other property lines in an R-2 Retirement Community Planned Residential Development .and in all other PRDs, a Buffer Area "B" which meets the standards of Section 2002 of this Chapter shall be provided.
82 1. In a Retirement Community PRD, a landscaped buffer shall be provided as follows:
i. Perimeter of a site (adjacent to a public street):
A minimum twenty (20) foot wide landscaping strip shall be provided around the perimeter of the site to act as a visual screen. Per every forty (40) lineal feet of perimeter, the landscaping strip shall contain two (2) deciduous trees having a caliper of not less than 2 % inches at the time of planting and six (6) deciduous shrubs. The trees and shrubs shall be chosen from the list of plant types for South Park Township provided in Appendix C. A similar species may be substituted provided it is acceptable to the Township Engineer. Note, deep rooted, water seeking species are not acceptable. Trees and shrubs shall be creatively planted within the twenty (20) foot landscape strip to include linear, staggered and/or clustering placement of shrubs.
ii. Perimeter of a site (not adjacent to a public street)
A minimum twenty (20) foot wide landscaping strip shall be provided around the perimeter of the site to act as a visual screen. Per every forty (40) lineal feet of perimeter, the landscaping strip shall contain a combination of one (1) deciduous tree having a caliper of not less than 2 % inches and two (2) evergreen trees having a height of not less than six (6) feet at time of planting, plus five (5) shrubs per forty (40) lineal feet of perimeter. The deciduous trees, evergreen trees, and shrubs shall be chosen from the list of plant types for South Park Township provided in Appendix C. A similar species may be substituted provided it is acceptable to the Township Engineer. Note, deep rooted, water seeking species are not acceptable. Trees and shrubs shall be creatively planted within the twenty (20) foot landscape strip to include linear, staggered and/or clustering placement of shrubs. i. Every structure exceeding thirty (30) feet in height shall be set back from the boundary one (1) additional foot for each one and one-half (1 %) feet in height over thirty (30) feet. k. No structure shall have a maximum dimension greater than two hundred fifty (250) feet.
83 1. In an R-2 PRD, other than a PRD designed as a Retirement Community, the perimeter of the PRD site shall be developed for single family dwellings only and no lot within the PRD proposed for a two-family dwelling shall adjoin any single family lot outside the PRD site.
2. Tree Conservation and Erosion Control.
a. Existing trees shall be preserved wherever possible. The protection of trees shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
b. The development shall be designed and programmed so as to minimize earth moving, erosion and the destruction of natural amenities.
c. Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slopes.
d. Erosion and sedimentation control measures such as minimizing the area of exposed soil, mulching, building site catchment basins, placing sedimentation filters and planting temporary ground cover shall be instituted as necessary and as required to comply with the erosion and sediment control rules and regulations of the Pennsylvania Clean Streams Law of June 22,1937, Act 394., P.L. 987, as amended (See 35 P.S. $691.1 et seq.)
3. Streets.
a. The street system shall be designed to relate harmoniously with land uses and adjacent streets, and to minimize through traffic in residential areas.
b. All streets shall comply with the South Park street paving design specifications.
4. Parking.
a. Off-street parking spaces shall be provided as defined in this Chapter and shall be oriented to and within a two hundred (200) foot walking distance of the buildings they are designed to serve.
84 b. Access to parking areas shall be designed so as not to obstruct free flow of traffic. There shall be adequate provision for ingress to and egress from for all parking vehicles and pedestrians. c. Only one-way traffic shall be permitted in aisles which service single- row parking spaces placed at an angle other than ninety degrees (90 ). The width of all aisles providing direct access to individual parking spaces shall be in accordance with the requirements specified below.
Parking Angle Aisle Width (degrees) (feet)
30 12 45 13 60 18 90 24 d. Where sidewalks occur in parking areas, parked vehicles shall not overhang the sidewalk unless an additional one (I)foot is provided in order to accommodate such overhang. e. Parking areas shall be suitably screened from adjacent structures, access roads and traffic arteries, by hedges, dense planting, earth berms, changes in grade or walls. The purpose of this screening shall be to minimize noise, glare and other nuisance characteristics as well as to improve the environment of the site and surrounding area. Large parking lots shall be broken down into sections as appropriate for the type and size of the development. Sections shall be separated by landscaped dividing strips, berms and similar elements. The interior of each parking area shall have a minimum of one (I)two-and-one- half-inch (2 1/21') calliper shade tree for every four (4) cars. All parking areas shall be a minimum of twenty (20) feet from all structures, access roads and traffic arterials. f. In a Retirement Community PRD, there shall be a minimum of one (1) parking space for each dwelling unit plus one (1) parking space for each employee on peak shift.
In all other Planned Residential Developments, there shall be a minimum of two (2) off-street parking spaces for each dwelling unit.
85 g. There shall be a minimum of one (1) off-street parking space per every four (4) dwelling units for visitor parking.
h. Parking areas shall be arranged so as to prevent through traffic to other parking areas.
1. No more than ten (IO) parking spaces shall be permitted in a continuous row without being interrupted by approved landscaping. i- No more than sixty (60) parking spaces shall be accommodated in any single parking area.
k. All parking areas, driveways and any off-street loading areas shall be surfaced with an asphalt or cement pavement.
1. A lighting system for all off-street parking shall be provided and shall furnish, as a minimum, an average intensity of two (2) footcandle power lighting over the entire parking areas, especially along the perimeter. All such lighting shall be arranged to direct light away from adjoining residences.
5. Sidewalks.
a. Sidewalks, along at least one (1) side of all streets, and pedestrian walkways, to off-street parking areas, shall be provided within the planned residential development and shall be at least four (4) feet wide.
b. Along collector streets or in the vicinity of shopping centers, schools, recreation areas and other such facilities, sidewalks shall be at least six (6) feet wide.
c. All sidewalks and pedestrian walkways shall be constructed of a minimum six-inch (6") gravel base and minimum four-inch (4") reinforced concrete as approved by the South Park Township Engineer.
6. Utilities.
a. All Utilities shall be underground and shall meet all applicable local, county and state standards, including, but not limited to, materials, construction, inspection and testing.
86 b. The Board of Supervisors, at their sole discretion, subject to the acceptance requirements and procedures of the Township Subdivision and Land Development Ordinance, as amended, or any corresponding provisions of any future Township Ordinance, the Board of Supervisors may approve or reject the acceptance of the sanitary sewer line as a public improvement.
C. The Board of Supervisors, at their sole discretion, subject to the acceptance requirements and procedures of the Township Subdivision and Land Development Ordinance, as amended, or any corresponding provisions of any future Township Ordinance, the Board of Supervisors may approve or reject the acceptance of the fire hydrants as a public improvement.
d. The following language shall be affixed to the recorded plat:
The Board of Supervisors of the Township of South Park gives notice that, in approving this plan for recording, the Township of South Park assumes no obligation to accept the dedication of any streets, land or public facilities and has no obligation to improve or maintain such streets, land or facilities.
ATTEST: TOWNSHIP OF SOUTH PARK
By: ,Secretary ,Chairman
7. Storm Drainage.
The stormwater management system for a planned residential development shall meet all the requirements contained in Chapter 112 of the Code of South Park Township and Act 167 of the Pennsylvania Stormwater Management Act.
0. Landscaping.
Shade trees shall be provided along all streets. No fewer than two (2) two- and-one-half-inch (2 %'') calliper trees shall be planted for each fifty (50) foot section of street.
9. Street Signs and Street Lighting.
a. All streets and areas of high pedestrian use shall be provided with a
87 lighting system which shall furnish, as a minimum, an average intensity of two (2) footcandle power lighting over the entire area.
b. The character, size and shape of all outdoor signs shall be in conformity with the provisions of this Chapter.
IO. Supplemental Non-Residential Facilities.
a. Community centers and recreational facilities within a planned residential development shall be located so as not to interfere with nearby residential areas.
b. Refuse stations shall be designed with suitable screening and located where convenient for trash removal, and shall not be visible from adjoining residential areas.
c. All outdoor areas which are to be used after dark shall be provided with a lighting system which shall furnish, as a minimum, an average intensity of two (2) footcandle power lighting over the entire area. Appropriate lighting fixtures shall be provided for pedestrian walkways, to identify steps, ramps and signs. Lighting shall be designed and located so as not to shine directly into nearby residences.
SECTION 1807 DEVELOPMENT IN STAGES
A developer may construct a planned residential development in stages if the following criteria are met:
A. The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each stage, in addition to other information required by this Article. B. At least twenty-five percent (25%) of the dwelling units in'the plan given tentative approval are included in the first stage.
C. The second and subsequent stages are completed consistent with the tentatively approved plan and are of such size and location that they constitute economically sound units of development. In no event shall such stages contain less than fifteen percent (15%) of the total dwelling units receiving tentative approval.
88 SECTION 1808 STANDARDS FOR LOCATION AND MANAGEMENT OF OPEN SPACE AND FACILITIES.
A. The open space shall be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, it shall be designed as a contiguous area easily accessible to the residents, and preserving natural features.
B. In cases where the Township will not be accepting dedications of streets, sidewalks, utilities, drainage facilities, recreation areas or open spaces or other common areas, the developer shall provide for continuing maintenance of such facilities and areas through a nonprofit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
C. If a homeowners' association or open space trust is formed, it shall be governed according to the following regulations:
1. The owner shall submit a plan describing the proposed organization, its powers, rights, dues and responsibilities in regard to the ownership and 4 , continuing maintenance of common facilities and open space. This plan shall be approved by the Township Supervisors prior to approval of the final PRD application.
2. The organization shall be organized by the developer and shall be operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
3. Such organization or trust shzll not be dissolved, nor shall it dispose of any common facilities or open space in any manner whatsoever, except to another organization or trust established to maintain such common areas. However, common facilities or areas may be dedicated to the Township at a later date, subject to the approval by the Township Supervisors.
4. Membership in the organization shall be mandatory for all landowners and purchasers of homes therein and their successors.
5. The organization shall be responsible for maintenance of and insurance and taxes on common open space.
6. The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
89 7. The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
8. In the event that the organization established to own and maintain a common open space or any successor organization shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies or maintenance be cured within thirty (30) days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said thirty (30) days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration date of said year, the Township shall, upon its own initiative or upon the request of the organization theretofore responsible for the maintenance of the organization or upon the request of the residents and owners of the planned residential development, schedule a hearing to be held by the Township, at which hearing such organization or residents and owners of the planned residential development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Township shall determine such organization is not ready to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the Township shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a tax lien on said
90 properties. Said assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the property which is subject to such assessments or charges regardless of when said mortgage or mortgages were created or when such assessments or charges accrued; provided that such subordination shall apply only to assessments or charges that have become payable prior to the passing of title under foreclosure of such mortgage or mortgages, and the transferee shall not be liable for payment of any assessment or charges accruing prior to said foreclosure, but nothing herein shall be held to affect the rights herein given to enforce the collection of such assessments or charges accruing after sale under foreclosure of such mortgage or mortgages; and provided, further, that such charges accruing after sale shall also be subordinate in lien to the lien of any further mortgage or mortgages which are placed on property subject to the assessment or charges, with the intent that no such charges shall be at any time prior in lien of such mortgage or mortgages whatsoever on such property. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary upon the properties affected by such lien within the planned residential development.
SECTION 1809 TENTATIVE PRD APPROVAL; HEARINGS
A. Deposits required with application.
The application for tentative approval shall be executed by or on behalf of the landowner and filed with the Zoning Officer. An initial deposit as set forth in the current fee schedule of the Township shall be paid upon filing of the application to be applied against such expenses, and additional deposits shall be made from time to time as required by the Township to be applied against the expenses of processing the application, not to exceed actual expenses incurred by the Township.
B. Documentation to Accompany Application.
1. The application for tentative approval shall include documentation illustrating compliance with all of the standards for planned residential development in Section 1806 and where necessary the Township shall order such documentation to aid them in their review. The review period for the application shall not begin until all items are submitted and fees paid as required by these actions.
2. General Documentation.
Required documentation shall include, but not be limited to, documents
91 illustrating the following:
a. Location Map. Which shall indicate the entire Township showing North direction, all public roads, property lines as appropriate, watercourse and adjacent municipalities, with the boundaries of the subject property clearly marked.
b. Property Map. Minimum scale one (I) inch equals one hundred (100) feet, (1"=100'), indicating subject site, and all abutting properties within five hundred (500) feet of subject property along with the names of all such property owners of record.
c. Zoning Map. Minimum scale one (1) inch equals one hundred (100) feet, (1"=100'), similar to Sub-section B(2)a above, but including the zoning classification of all properties indicated on the Property Map.
d. Topography Map. Minimum scale one (1) inch equals one hundred (100) feet, (1''=I OO'), with information shown on Sub-section B(2)a above and indicating all improvements thereon, including but not limited to buildings, existing on any properties thereon, existing natural features, floodplains, etc.
e. Soil Classification Map. Minimum scale one (1) inch equals one hundred (100) feet, (1"=100'), identifying soils and listing limiting factors of applicable soils, including data on past or future mining activity.
f. Traffic Analysis. A Traffic Analysis prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance shall be submitted as part of the PRD application. A plan for satisfactorily resolving any identified problems is required before the application can be approved. g. Stormwater management plans with supporting engineering reports and calculations, prepared in accordance with the South Park Code, Chapter I12, Act 167, the Pennsylvania Stormwater ManagementAct; and any approved watershed plans which have been. adopted pursuant thereto. Also required are soil erosion and sedimentation plans with supporting engineering reports and calculations, prepared in accordance with and approved by the Allegheny County Conservation District. h. The proposed development plan shall comprise such maps at a scale
92 no smaller than one (1) inch equals one hundred (100) feet (l"=lOol) and data needed to clearly show the following:
The name of the proposed development and the names and addresses of the developer and the persons who prepared the plan.
Existing and proposed contour lines at two-foot (2') intervals where the average slope is ten percent (10%) or less and at five-foot (5') intervals where the average slopes exceed ten percent (10%).
A contour map indicating all areas of the site with slopes greater than twenty-four percent (24%) but less than forty percent (40%) and all areas with slopes of forty percent (40%) or greater.
The proposed street pattern, including the names, paving widths and rights-of-way of all streets, and the widths and locations of easements.
Existing and proposed utilities, including location of stormwater management facilities.
The layout of lots or parcels where appropriate, including dimensions, number and building lines.
The location, use, height, bulk and number of dwelling units Or uses for every structure proposed, including density calculations in number of dwelling units to be allocated to various parts of the site.
The location of all off-street parking and loading spaces and the total number of spaces to be provided.
The location, size and kind of improvements proposed for all
common open space and recreation facilities, together with , proposed ownership and maintenance arrangements for such open space.
The location and design for all proposed landscaping, buffer areas and screening, showing the heightltype of plant materials proposed.
93 (11) The location and width of walks, sidewalks and trails, and the use of trails where they are not limited to pedestrian use.
1. A description of the substance of any proposed covenants, grants, easements or other. restrictions proposed.. ,. i. A statement identifying the extent to which the proposed development plan varies from zoning and other regulations otherwise applicable to the subject property.
k. In the case of plans which call for development in stages, a schedule showing the time within which applications for final approval of all parts of the planned residential development are intended to be filed, and which shall be updated annually on the anniversary of submission for final approval.
1. A written statement by the applicant setting forth why the PRD would be in the public interest and consistent with the Comprehensive Plan and development policies of South Park Township.
C. Review of Application by Other Agencies.
One (1) copy of every application for tentative approval received by the Zoning Officer shall be promptly forwarded to the Township of South Park Planning Commission and to the Allegheny County Planning Commission for study and recommendation as required by the Pennsylvania Municipalities Planning Code (See 53 P.S. §IO101 et seq.). The Township Planning Commission and the County Planning Commission shall review and report upon the application to the Board of Supervisors within thirty (30) days of their next meeting after such referral. One (I) copy of the reports of the respective Planning Commissions shall be furnished to the developer not less than five (5) days before the appointed time of the public hearing provided for in Sub-section E of this Section. Additional copies may be required as deemed necessary by the Zoning Officer.
D. Informal Consultation Prior to Application.
The landowner, the Zoning Officer and the Township's Planning Commission may consult informally concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by an official of the Township or of the Planning Commission shall be binding upon the Township.
94 E. Public Hearing on Application for Tentative Approval.
1. Within sixty (60) days after the filing of an application for tentative approval of a planned residentialdevelopment pursuant to this Article, a public hearing pursuant to public notice on said application shall be held by the Township Supervisors in the manner prescribed in Section 708 of the Pennsylvania Municipalities Planning Code. The Chairman or, in his absence, the Acting Chairman of the Township Supervisors or its designated agency may administer oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
2. A stenographic record of the hearing shall be caused to be made by the Township Supervisors. The costs of making and transcribing the record shall be paid in accordance with 52408.2 of this Chapter. All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
3. The Supervisors or their designated agency may continue the hearing from time to time, and may refer the matter back to the Planning Commission for a report; provided, however, that in any event the public hearing or hearings shall be concluded within sixty (60) days after the date of the first public hearing. *.
F. The Findings 00 Public Hearings.
I. Written Statement to Landowner.
a. The Township Supervisors, within sixty (60) days following the conclusion of the public hearing provided for in this Article, shall, by official written communication to the landowner, either:
(1) Grant tentative approval of the development plan as permitted;
(2) Grant tentative approval subject to specified conditions not included in the development plan as submitted; or
(3) Deny tentative approval to the development plan.
b. Failure to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the
95 over a period of years, provided that applications are filed within the periods of time specified in the official written communication granting tentative approval.
3. Abandonment of 'Plan.
In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Township Supervisors in writing, or in the event that the landowner shall fail to file application or applications for final approval within the required period of time or times, as the case may be, the tentative approval shall be deemed to be revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otheNvise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary of the Township.
SECTION 1810 FINAL PRD APPROVAL; HEARINGS.
A. Application for Final Approval.
An application for final approval may be for all the land development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Township and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively approved development plan, a public hearing shall not be required.
B. Required Documentation.
The application for final approval shall contain:
1. Site Map. Six (6) copies of the final plan:
a. Drawn at a scale of one (1) inch equals one hundred (100) feet (1"=100') as the tentative plan was drawn.
b. The Final Plan Site Map shall be drawn on tracing cloth or be a transparent reproduction with black line on cloth or stable plastic base film. If the Final Plan Site Map is drawn in two (2) or more sections, they must be numbered consecutively and accompanied by a key map showing the location of the several sections.
98 C. For all street rights-of-way and property lines, within the PRD, the following must be shown: accurate dimensions, bearings or deflection angles of all straight lines; and accurate dimensions and angle measurements for radii, chords, arcs and central angles of all curves. The error of closure shall not exceed one (1) in ten thousand (10,000) for slopes of less than ten percent (10%) or two (2) in ten thousand (10,000) for slopes of ten percent (10%) and over. d. For other rights-of-way and easements, the location, bearings, dimensions and purpose. e. Survey data shall include: primary control points or descriptions and ties to such control points to which all dimensions, angles, bearings and similar data on the map are referred. f. The number to identify each lot and/or parcel. g- The number of dwelling units and density by type. h. The purpose for which parcels other than residential lots are dedicated or reserved. i. Building locations and building setback lines on all lots and other sites. i- The names of record owners of adjoining unplatted land. k. Reference to recorded land development plans of adjoining developed land by record name, date and number.
1. Notarized certification of title showing that the applicant is the owner of the land, that the land development shown is his act and deed and that it will be. recorded as shown. m. Certification by registered surveyor or registered professionalengineer certifying to accuracy of survey and plan. n. The location of all proposed monuments and street signs and the location and methods of street lighting facilities.
0. A location map corrected and updated from the tentative plan.
P- The source of title.
99 q. Provisions for approval signatures by the officials of the Township.
r. Provisions for review signatures by Township and Allegheny County Planning Commission.
I ,I >,I 2. Supporting Data.
a. Corrected and updated from the tentative plan, all detailed drawings and specifications for improvements shall be submitted.
b. Two (2) copies of a center-line profile and cross-section maps or diagrams of streets showing proposed grades; curbs, sanitary and stormwater sewers, waterlines and any other underground utilities at minimum scale of forty (40) feet horizontal and four (4) feet vertical.
c. Two (2) copies of deed restrictions or other restrictions, including covenants, grants of easements and/or structures to be imposed on the use of land and/or within the development.
d. A landscaping plan, showing the location and treatment of all portions of the site not covered with the buildings, including the location of sidewalks, trails, buffer areas, fencing or screening and final grades.
e. Legal agreements providing for the maintenance, ownership and operation of all common open spaces and facilities.
3. Certificate Required.
a. From a registered professional engineer retained by the Township: certification that the developer has installed all improvements to the specifications of these requirements and has complied with any conditions attached to the approval of the tentative plan by the Township; or that the developer has posted a surety performance bond or other acceptable security in an amount sufficient to assure completion of all required improvements.
b. From State agencies: certification that method of sewage disposal and water supply have been approved by the Pennsylvania Department of Environmental Protection. Certification of sediment and erosion control plan bearing approval of Pennsylvania Department of Environmental Protection.
c. Other certificates as may be required from the Pennsylvania Public Utility Commission.
100 d. An agreement that the developer will install underground utilities before paving streets and constructing sidewalks.
4. Fees. , <<
The final plan shall include thereon or be accompanied by filing fees and any other fee that may be required.
C. Refusal of Final Application.
.. . In the event that the development plan as submitted contains variations from the dewelopment plan given tentative approval, the Township Supervisors may refuse to grant final approval and shall, within forty-five (45) days from the filing of the application for final approval, so advise the developer in writing of said refusal, setting forth in said notice the reasons why one (1) or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
.. 1. Refile his application for final approval without the variations objected; or
2. File a written request with the Township Supervisors that it hold a public hearing on his application for final approval. If the landowner wishes to take , ... either such alternate action, he may do so at any time within which he shall a be entitled to apply for final approval, or within thirty (30) additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event that the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within thirty (30) days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in 51809-E for public hearings on applications for tentative approval. Within thirty (30) days after the conclusion of the hearing, the Township Supervisors shall, by official written communication, either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this Section, be in the form of and contain the findings required for an application for tentative approval set forth in s1809-F.
101 e a a D. Approval of Final Application. a In the event that the application for final approval has been filed, together with all e drawings, specifications and other documents in support thereof, and as required by a this Article and the official written communication of tentative approval, the Township 0 shall, within forty-five (45) days of such filing, grant such development plan final approval. e e E. Certification and Recording of Final Approval. I)( A development plan, or any part thereof, which has been given final approval shall a be so certified without delay by the Township Supervisors and shall be filed of e record forthwith in the office of the Recorder of Deeds before any development shall e take place in accordance therewith. Upon the filing of record of the development a plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a * reasonable time of said planned residential development or of that part thereof, as c the case may be, that has been finally approved, no modification of the provisions a of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. @ 0 F. Failure to Act on Plan. a a In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has a been finally approved, and shall so notify the Board of Supervisors in writing or, in 0 the event that the landowner shall fail to commence and carry out the planned a residential development within one (1) year after final approwal has been granted, 0 no development or further development shall take place on the property included in the development plan until a new plan has been approved as provided by the South a Park Township 0rd i n a nces . eJ a CD 1811 MEDIATION OPTION 0 The Board of Supervisors may offer a mediation option as an aid in completing the a proceedings authorized by this Article prior to Final Approval. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in Section 2407 of this Chapter. a: a e a 102 e eJ a e @ 1812 MISCELLANEOUS PROVISIONS
A. Enforcement and Modifications of Provisions.
a. Enforcement and modification of provisions of the plan.
To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to ensure that modification, if any, in the development plan shall not impair the reasonable reliance of said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise, shall be subject to the following provisions:
a. Provisions in favor of Township.
The provisions of the development plan relating to use, bulk and location of buildings and structures, the quantity and location of common open space, except as otherwise provided in this Article and the intensity of use or the density of residential units shall run in favor of the Township and, as provided by law, shall be enforceable in law or in equity of the Township, without limitation on any powers of regulation otherwise granted the Township by law.
2. Modifications.
All those provisions of the development plan authorized to be enforced by the Township under this Section may be modified, removed or released by the Township, except grants or easements relating to the service or equipment of a public utility, subject to the following conditions:
a. No such modifications, removal or release of the provisions of the development plan by the Township shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or in equity, as provided in this Section.
b. No modification, removal or release of the provisions of the development plan by the Township shall be permitted except upon a finding by the governing body or its designated agency, following a public hearing thereon pursuant to public notice called and held in
103 a a a accordance with the provisions of this Article, that the same is consistent with the efficient development, does not adversely affect a either the enjoyment of land abutting upon or across the street from 0 the planned residential development or the public interest and is not e granted solely to confer a special benefit upon any person. e e 3. Release of Rights. a Residents of the planned residential development may, to the extent and in e the manner expressly authorized by the provisions of the development plan, a modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Township a to enforce the provisions of the development plan in accordance with the a provisions of this Section. a B. Compliance. a 0 Except where specifically exempted by this Article or be formal action of the a governing body, a planned residential development shall comply with all other standards and requirements of this Chapter. a C. Completion Guarantees.
The Township Supervisors shall, as a condition to any tentative or final approval, require that the applicant file a certificate of completion of improvements, approved as to form by the Township Solicitor, for all conditions imposed on a tentative or final approval. The Township Supervisors shall also require any applicant to execute a Developer's Agreement, approved as to form by the Township Soiicitor, which shall state all conditions and improvements which the applicant has agreed to perform as part of a conditional approval. In either case, the Township Supervisors shall require a guaranty of improvements by the applicant or the posting of a Performance Bond, in a form approved by the Township Solicitor, conditioned upon the completion of all required improvements and conditions. The Developer's Agreement and Performance Bond shall be subject to the requirements of the Township Subdivision and Land Development Regulations, Chapter 118 of the Code of the Township.
D. Fees; Expenses.
All filing fees under this Article shall be fixed, from time to time, by Resolution of the Township Supervisors, based upon the actual expense to the Township to process and review any application. The applicant shall also reimburse the Township, within thirty (30) days of receipt of an itemized bill, as a condition to any approval, for the
104 e e e e actual expenses incurred by the Township for legal, engineering inspection and e other necessary professional services in connection with the processing of the e application through final approval. e
0 e e e e e e e e e e e e e e e e e e e e e e 0 e a e e e 0 e 105 e e ARTICLE XIX
EXPRESS STANDARDS AND CRITERIA FOR GRANTING CONDITIONAL USES AND USES BY SPECIAL EXCEPTION
SECTION 1900 APPLICABILITY
This Article shall apply to all uses which are listed as conditional uses or uses by special exception in the Zoning Districts described in Articles IV through XVII of this Chapter.
SECTION 1901 PROCEDURE FOR APPROVAL
The following procedures shall apply to all applicants for approval of a conditional use or use by special exception in all Zoning Districts.
1901.I Approval of Conditional Uses
The Board of Supervisors shall hear and decide requests for conditional uses; however, the Board of Supervisors shall not approve a conditional use application unless and until:
A. A written application for conditional use approval is submitted to the Zoning Officer no less than thirty (30) working days prior to the regular meeting of the Planning Commission. The application shall indicate the Section of this Chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. A complete and properly filed application shall include the following:
1. A current property survey sealed by a Pennsylvania registered surveyor indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this Chapter.
2. A written statement showing compliance with the applicable express standards and criteria of this Article for the proposed use.
3. A Traffic Analysis prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance in the following cases:
a. Any proposed use which involves the construction of one hundred (100) or more townhouse or garden apartment dwelling units;
b. Any proposed use which involves the construction of any new
106 e e e nonresidential building or buildings which has a gross floor area of fifty e thousand 50,000 square feet or more. e c. Any proposed use which involves the change of use of an existing e nonresidential building which has a gross floor area of fifty thousand 0 (50,000) square feet or more or any addition to an existing nonresidential building which results in a total gross floor area of fifty e thousand (50,000) square feet or more. e a 4. The application fee required by 52504.5 of this Chapter. e B. A written recommendation is received from the Township Planning Commission or 0 thirty (30) days has passed from the date of the Planning Commission meeting at e which the application is first considered as complete and properly filed for approval. e e C. A public hearing is conducted by the Board of Supervisors pursuant to public notice. e D. The Board of Supervisors shall hear and decide requests for conditional uses within e ninety (90) days from the date of submission of a complete and properly filed 0 a pp Iica t ion. 0 E. In considering an application for conditional use approval, the Board of Supervisors e may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Article. A violation of such conditions and safeguards, when made e a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this Chapter and shall be subject to the enforcement e provisions of Section 2503 of this Chapter. a F. If land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development e required by the Township Subdivision and Land Development Ordinance may be a processed concurrently provided all application requirements of both Ordinances for e a conditional use and a land development plan are met. e a 1901.2 Expiration of Conditional Use Approval e Conditional use approval shall expire automatically without written notice to the applicant, a if no application for a land development plan, a grading permit, a building permit or an a occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within twelve (12) months of said e approval, unless the Board of Supervisors, in their sole discretion, extends conditional use e approval upon written request of the applicant received prior to its expiration. The e maximum extension permitted shall be one (1) twelve month extension. e e 107 0 e 0 e 0 1901.3 Approval of Uses by Special Exception
The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:
A. A written application for approval of a use by special exception is submitted to the Zoning Officer at least twenty-five (25) days prior to the regular monthly meeting. The application shall indicate the Section of this Chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. A complete and properly filed application shall include the following:
I. A current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this Chapter.
2. A written statement showing compliance with the applicable express standards and criteria of this Article for the proposed use.
3. A list of the names and addresses of all property owners within three hundred (300) feet of the entire perimeter of the property for which approval of the use by special exception is requested taken from the most recent records of the Allegheny County Tax Assessors Office.
4. A Traffic Analysis prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance in the following cases:
a. Any proposed use which involves the construction of one hundred (100) or more townhouse or garden apartment dwelling units;
b. Any proposed use which involves the construction of any new nonresidential building or buildings which has a gross floor area of fifty thousand (50,000) square feet or more.
c. Any proposed use which involves the change of use of an existing nonresidential building which has a gross floor area of fifty thousand (50,000) square feet or more or any addition to an existing building which results in a total gross floor area of fifty thousand (50,000) square feet or more.
5. The application fee required by Section 2408 of this Chapter.
108 a e e 8. A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within sixty (60) days of submission of a complete and properly filed application. e Said hearing shall be conducted in accordance with the procedures specified by * Section 2405 of this Chapter. e e C. In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity a with the spirit and intent of this Article. A violation of such conditions and e safeguards, when made a part of the terms and conditions under which approval of e a use by special exception is granted, shall be deemed a violation of this Chapter e and shall be subject to the enforcement provisions of Section 2503 of this Chapter. e D. If land development approval is required for the use by special exception, the 0 application for approval of the use by special exception and the application for approval of a land development required by the Township Subdivision and Land e Development Ordinance may be processed concurrently provided all application e requirements of both Ordinances for a use by special exception and a land e development plan are met. e a 1901.4 Expiration of Approval of a Use by Special Exception 0 Approval of a use by special exception shall expire automatically without written notice to e the applicant, if no application for a land development plan, a grading permit, a building e permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within e twelve (12) months of said approval, unless the Zoning Hearing Board, in its sole discretion, e extends approval of the use by special exception upon written request of the applicant e received prior to its expiration. The maximum extension permitted shall be one (1) twelve e month extension. e SECTION 1902 GENERAL STANDARDS a
In addition to the specific standards and criteria listed for each use in Section 1903, below, all applications for conditional uses and uses by special exception listed in each Zoning e District shall demonstrate compliance with all of the following general standards and 0 criteria: e e A. The use shall not endanger the public health, safety or welfare nor deteriorate the e environment, if it is located on the property where it is proposed. 0 B. The use shall comply with the Performance Standards of Section 2001 of this e Chapter. e e a 109 e a e a e C. The use shall comply with all applicable requirements of Article XXI governing parking and loading, Article XXll governing signs, Section 2002 governing screening and landscaping , and Section 2009 governing storage.
D. Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.
E. Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets.
F. For all uses which are subject to the requirements of the Americans with Disabilities (ADA) Act, the applicant shall certify that all applicable ADA requirements have been met in the design.
SECTION 1903 STANDARDS FOR SPECIFIC USES
In addition to the general standards and criteria for all conditional uses and uses by special exception listed in Section 1902, above, an application for any of the following uses which are listed in any Zoning District as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.
1903.1 Adult Businesses, subject to:
A. Adult businesses shall not be permitted in any Zoning District other than the 1-1, Light Industrial, and 1-2, General Industrial, Districts.
5. An adult business shall not be located within five hundred (500) feet of the property line of any property containing an existing residential dwelling; a church; public or private pre-elementary, elementary or secondary school; public library; group care facility; personal care boarding home; nursing home; hospital; child daycare center or nursery school; municipal building; or public park or playground measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above listed uses.
C. An adult business shall not be located within one thousand (1,000) feet of any other adult business measured in a straight line from the closest exterior wall of the building or structure in which each adult business is located.
D. No more than one (1) adult business shall be located in the same building, structure or portion thereof, nor shall any adult business increase its floor area into any building, structure or portion thereof containing another adult business.
E. An adult business lawfully operating as a conforming use shall not be rendered a
110 nonconforming use by the location, subsequent to the grant or renewal of the adult business permit of a residential dwelling, a church, public or private pre-elementary, elementary or secondary school, public library, group care facility, personal care boarding home, nursing home, hospital, child daycare center or nursery school or public park within five hundred (500) feet. This provision applies only to the renewal of a valid permit and shall not apply when an application for a permit is submitted after a permit has expired or has been revoked.
F. The owner/operator of any nightclub which offers adult entertainment shall provide security, licensed under the laws of the Commonwealth of Pennsylvania, if the maximum permitted occupancy of the nightclub exceeds fifty (50) persons.
G. Any adult business, other than an adult motel, which provides a viewing room (a separate compartment or cubicle) of less than one hundred fifty (150) square feet of floor space, and which exhibits a film or video cassette or other video or image production or reproduction which depicts nudity or sexual conduct, as defined herein, shall comply with the following:
1. At least one (I) employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.
2. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area ofthe premises to which a any patron is permitted access for any purpose from at least one (I) of the manager's stations. The view required in this Subsection shall be by direct e line of sight from the manager's station.
3. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated in the application submitted to the Township as an area in which patrons will not be permitted.
4. No viewing room shall be occupied by more than one (I) person at any time. No connections or openings to an adjoining viewing room shall be permitted.
5. It shall be the duty of the owners and operators and any agents and
111 e employees present on the premises to ensure that sufficient illumination is maintained in areas accessible to patrons at all times that any patron is present on the premises.
6. If live performances are to be given, that the premises in which such live performances are to be offered contain a stage separated from the viewing area and that the viewing area shall not be accessible to the performers and that the performers shall not have easy access to the viewers present.
7. The applicant shall agree to renew the Certificate of Use and Occupancy in accordance with the requirements for annual renewal contained in 52501.3e of this Chapter.
H. Owners or operators of adult businesses shall obtain a license to operate from the Township. In addition, such owners or operators shall supply to the Township such information regarding ownership and financing of the proposed business as is required on the Township's licensing application. Applications for licensing shall be filed with the Township Manager.
I.: ... The adult business shall be initially licensed upon compliance with all requirements . ". of this Section and provisions of the required licensing application. For each year thereafter that the adult business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Township Manager by November 1st of the year preceding the year for which renewal is sought. The lack of license or failure to renew such license in a timely fashion shall be a violation of this Chapter and shall be grounds for denial or revocation of a Certificate of Use and Occupancy for the adult business.
1903.2 Apartment Above Office or Retail, subject to:
A. Dwelling units shall not be located on the street floor of any commercial building.
B. Dwelling units shall have a minimum habitable floor area of eight hundred (800) square feet.
C. Dwelling units in basements or accessory garages shall not be permitted.
D. Each dwelling unit shall have a separate entrance which does not require passing through any area devoted to office or retail use.
E. One and one-half (1 %) off-street parking spaces shall be provided for each dwelling unit with a minimum of two (2) spaces. Shared parking for residential and commercial uses shall not be permitted.
112 1903.3 Accessory Storage Buildings and Private Garages Larger than Six Hundred (600) Square Feet, subject to;
A. All bulk and dimensional requirements for accessory storage buildings and private garages shall be met.
B. The total area of the rear yard covered by all accessory structures, including the accessory storage building and private garage, and any swimming pool, deck or similar accessory structure shall not exceed thirty-five percent (35%).
C. The use of the accessory storage building and/or private garage shall be limited to storage of the personal and household property of the owner or lessee of the lot. No portion of the accessory storage building or private garage shall be leased, nor shall any person not resident on the lot utilize the storage structure or private garage.
D. The accessory storage building or private garage shall not be used for the storage of materials or equipment related to a business, nor shall the accessory storage building or private garage be used for the conduct of a business or for any dwelling purposes.
1903.4 Animal Hospital or Kennel, subject to;
A. The minimum lot area required for an animal hospital shall be 20,000 square feet. The minimum lot area required for a kennel shall be one (1) acre. B. Outdoor kennels or runs snail not be permitted as part of an animal hospital.
C. Overnight boarding of animals, other than for medical supervision, shall not be permitted in an animal hospital.
D. Kennels shall be licensed by the Commonwealth and shall continue to maintain a valid license throughout their operation. Any suspension of the license shall be a violation of this Chapter and shall be subject to the enforcement provisions of Section 2503 of this Chapter.
E. Odors shall be controlled so as to comply with the Performance Standards of Section 2001 of this Chapter.
F. Outdoor kennels shall be located at least two hundred (200) feet from any property line adjoining residential use or zoning classification and at least fifty (50) feet from any other property line.
113 G. Outdoor runs and similar facilities shall be constructed for easy cleaning and shall be adequately secured by a fence with self-latching gate.
H. Outdoor kennels shall be screened by Buffer Area "C", as defined by $2002.1 of this Chapter, along all property lines adjoining residential use or zoning classification.
1903.5 Billboards, subject to; a A. All billboards shall be subject to the express standards and criteria contained in Section 2206 of this Chapter.
1903.6 Boarding Stable, subject to:
A. The number of horses shall be reasonably related to the size of the property, the area available for grazing and the capacity of the land to sustain the animals without creating a nuisance.
B. All animals shall be housed in a completely enclosed nonresidential structure and the animals shall be humanely kept.
C. All stables and other buildings in which animals are kept shall be located at least three hundred (300) feet from any occupied dwelling, other than the stable owner's dwelling, and in no case, shall the storage of manure or the stable or other building in which animals are kept be located closer than two hundred (200) feet to any property line.
D. No graizing cf animals shall be permitted closer than one hundred (100)feet from any occupied dwelling, other than the stable owner's dwelling.
E. The area of the property used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent properties.
F. The stable owner shall not permit litter and droppings from the horses to collect so as to result in the presence of fly larvae or objectionable odors. a 1903.7 Car Wash, subject to: e A. All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two (2) walls.
B. Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets, alleys or other property.
114 a e e C. Standing spaces shall be provided in accordance with the requirements specified in Section 2006 for drive-in facilities. e D. The facility shall be connected to public sanitary and storm sewers. a 0 E. Driveway entrances shall be located at least thirty (30) feet from the right of way line of the intersection of any public streets. .e 0 F. Any car wash which also dispenses gasoline shall meet all applicable requirements e of 51903.34 governing service stations. e 1903.8 Cemetery, subject to;
A. A minimum site of ten (IO) acres shall be required.
B. A drainage plan shall be submitted with the application for the use to show existing and proposed runoff characteristics.
C. A ground water study prepared by a hydrologist or registered professional engineer qualified to perform such studies shall be submitted with the application.
D. Plans for ingresslegress shall be referred to local police officials for comments regarding public safety.
E. All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "C"as defined by §2002.1 of this Chapter.
F. Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the requirements of Article XXI.
G. All equipment shall be properly stored in an enclosed building when not in use.
H. No burial sites or structures shall be located within one hundred (100) feet from any adjacent property line.
1903.9 Churches, Schools, including Post Secondary Schools, Firehouses, Libraries and Public Buildings, subject to:
A. The minimum lot area required for a Post Secondary School shall be ten (10) acres. The minimum lot area required for all other uses shall be one (1) acre.
B. If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than ten (IO) persons shall be housed.
115 C. A dwelling (such as a manse or parsonage) may be located on the same lot with a church provided all requirements of the this Chapter for single family dwellings in the Zoning District can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.
0. If the school includes dormitories, the dormitories shall be screened along any property line adjoining single family use or zoning classification by Buffer Area "B", as defined by 52002.1 of this Chapter.
E. Ingress and egress to and from police and fire houses shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.
F. Fire houses , police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
G. All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment and vehicles.
.H. All outside storage shall be screened from public view from streets and adjoining properties by a six (6) foot hedge or opaque fence.
.I. The proposed use shall have direct access to a public street with sufficient capacity to accommodate the traffic generated by the proposed use.
9. A iibrary proposed in the C-R, Commercial Recreation, District shall be a specialty library devoted to environmental issues, natural sciences, wildlife habitat, historic materials and the like, which are related to the permitted uses in the C-R District and shall not be a general purpose community library or specialty library unrelated to the permitted uses in the C-R District.
1903.10 Collection and Recycling Facility, subject to;
A. Operations shall be regulated so that nuisances such as visual blight, noise, odors, blowing debris and dust shall not be created.
B. Materials shall be stored in such a manner as to discourage the presence of rodents and other disease carrying animals. If after operations commence, the Zoning Officer determines that a vector problem exists, the operator shall be responsible for taking whatever measures are necessary to rid the premises of said nuisances.
116 C. Adequate off-street loading areas shall be provided for loading and unloading of recyclable materials. Under no circumstances shall loading vehicles or other business vehicles be parked on a public right-of-way.
D. All materials shall be stored within a completely enclosed container.
E. Access shall be directly onto a collector or arterial road with sufficient capacity to handle traffic generated by the facility.
IF. The Board of Supervisors may impose restrictions on access to the facility, hours of operation or other such matters as they deem necessary to insure that there is no adverse impact upon adjacent properties or the neighborhood in general.
G. Collection and recycling facilities proposed for use by the general public shall be clearly identified to include the type of material to be deposited, the name and telephone number of the operator of the facility and the hours of operation and a display notice that no materials may be left outside the recycling enclosure or containers.
H. Containers for the 24-hour donation of materials shall be located at least fifty (50) feet from any property line adjoining an existing single family dwelling or residential zoning district.
1. All containers shall be of durable construction and shall be waterproof and rustproof. All containers shall be properly maintained and shall be covered and secured when the facility is not in operation. All containers shall be of sufficient size to accommodate the materials collected based on the collection schedule established.
J. Collection and recycling facilities which are available to the general public shall provide a minimum of five (5) parking spaces which shall be located within one hundred (100) feet of the facility and shall be clearly marked for use by visitors to the collection and recycling facility during its hours of operation.
K. Adequate loading area shall be provided for the periodic removal of materials or exchange of containers.
1903.1 1 Commercial Recreation, subject to:
A. The minimum lot area required for outdoor recreation facilities shall be one (1) acre. All indoor facilities shall meet the minimum lot area required for the Zoning district in which the property is located.
117 B. The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Chapter.
C. The property shall be served by public water and public storm and sanitary sewers.
D. Adequate sanitary facilities available to the public shall be provided.
E. Outdoor speakers shall not be permitted if there are dwellings within five hundred (500) feet of the property in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize impact on adjoining properties.
F. Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.
G. Any outdoor facility shall be completely enclosed by a fence which is at least six (6) feet in height with one (1) or more locking gates which shall remain secured when the facility is not in use.
H:, Any outdoor facility located within two hundred (200) feet of an existing dwelling shall cease operations no later than 11:00 P.M.
1. Any use which includes eating or drinking facilities shall be subject to the parking requirements for that use in addition to the parking requirements for the recreational - use.
1903.12 Comparable Uses Not Specifically Listed, subject to:
A. The Zoning Hearing Board shall consider a proposed use which is not listed in the Zoning District in which the property is located only if it is comparable to other authorized uses listed in that same District. If a use is specifically listed in a less restrictive Zoning District, it shall not be eligible for consideration as a "comparable use" in a more restrictive Zoning District under this section.
B. Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the Zoning District in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the Zoning District. In making such determination, the Board shall consider the following characteristics of the proposed use:
1. The number of employees;
118 2. The floor area of the building or gross area of the lot devoted to the proposed use;
3. The type of products, materials and equipment and/or processes involved in the proposed use;
4. The magnitude of walk-in trade;
5. The traffic and environmental impacts and the ability of the proposed use to comply with the Performance Standards of Section 2001 of this Chapter.
C. The proposed use shall comply with all applicable area and bulk regulations of the Zoning District in which it is located.
D. The proposed use shall comply with any applicable express standards and criteria specified in this Article for the most nearly comparable use listed in the Zoning District in which the comparable use is proposed.
E. The proposed use shall be consistent with the Purpose Statement for the Zoning District in which it is proposed and shall be consistent with the Community Development Objectiwes of this Chapter.
1903.13 Day Care Center, Preschool or Nursery School, subject to:
A. The facility shall be registered with or licensed by the Commonwealth, if applicable.
6. In residential zoning districts, the facility shall be permitted to be located only in a church or school.
C. Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate.
D. Outdoor play areas which adjoin residential lots shall be screened by Buffer Area "B", as defined by $2002.1 of this Chapter.
E. The general safety of the property proposed for a day care center, nursery school or pre-school facility shall meet the needs of small children.
F. Off-street parking shall be provided in accordance with the requirements of Article XXI of this Chapter.
119 1903.14 Essential Communications Facility, subject to:
A. The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate an essential communications facility.
B. Any applicant proposing a new freestanding essential communications facility antenna tower structure shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing essential communications facility tower structure. A good faith effort shall require that all owners within a one-quarter (1/4) mile radius of the proposed site be contacted and that one (1) or more of the following reasons for not selecting an alternative existing building or existing antenna tower structure or other structure apply:
1. The proposed equipment would exceed the structural capacity of the existing building, essential communications facility tower structure or other structure and reinforcement of the existing building, essential communications tower structure or other structure cannot be accomplished at a reasonable cost.
2. The proposed equipment would cause RF (Radio Frequency) interference with other existing or proposed equipment for that building, essential communications facility tower structure or other structure and the interference cannot be prevented at a reasonable cost.
3. Existing buildings, essential communications facility tower structures or other structures do not have adequate space to accommodate the proposed equipment.
4. Addition of the proposed equipment would result in NlER (Non-ionizing Electromagnetic Radiation) levels which exceed any adopted local, Federal or State emission standards.
C. The proposed height of a freestanding communications facility tower and antenna shall not exceed one hundred (100) feet.
D. The base of a freestanding essential communications facility antenna tower structure shall be set back from all property lines a minimum distance which represents twenty percent (20%) of the tower height, as measured from the base of the antenna support structure at grade to the highest point of the structure.
E. An antenna which is proposed to be mounted on an existing building or structure, other than an existing communications tower, shall not exceed the height of the building or structure by more than twenty (20) feet.
120 e a F. The applicant shall submit certification from a structural engineer that the structural capacity of any existing building or structure on which an antenna is proposed to be e mounted is adequate to withstand wind and other loads associated with the antenna's location. (I, G. In the case of a freestanding essential communications facility tower structure, the applicant shall submit evidence that the tower structure and its method of installation have been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.
H. The applicant shall demonstrate that the proposed antenna and any tower structure are safe and that surrounding areas will not be negatively affected by tower structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference.
1. All guy wires and all guyed towers shall be clearly marked so as to be visible at all times.
J. Unless the essential communications facility is located on a building, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by a six (6) foot high chain link or similar fence with self- latching gate to limit accessibility to the general public.
K. All tower structures shall be fitted with anti-climbing devices as approved by the manufacturers for the type of installation proposed.
L. All antennas and tower structures shall be subject to any appiicable Federal Aviation Administration (FAA) and Airport Zoning Regulations.
M. No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.
N. Tower structures supporting antenna shall be painted silver or have a galvanized finish or may be painted green up to the height of adjacent trees in order to reduce visual impact.
0. If the essential communications facility is fully automated, adequate parking shall be provided for periodic visits by maintenance workers. If the essential communications facility is not fully automated, one (1) parking space shall be provided for each employee on peak shift.
P. No antenna or tower structure shall be illuminated, except as may be required by the
121 Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).
Q. In January of each year, the operator shall provide verification to the Township Zoning Officer that there have been no changes in the operating characteristics of the essential communications facility as approved at the time of the conditional use application, including at a minimum:
1. Direction of the signal; 2. Frequency, modulation and class of service; 3. Transmission and maximum effective radiated power; 4. Manufacturer, type and model of equipment; 5. Height of the antenna; 6. Name, address and emergency telephone number for the operator; 7. Copy of current FCC license.
R. Any addition of an antenna or modification of an existing antenna shall require submission of a new application for conditional use approval in accordance with the provisions of this Section.
1903.15 Family Day Care Home, subject to:
A. An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate. Such play area shall be screened from adjoining residential properties by a minimum four (4) foot high compact, dense evergreen hedge or opaque fence.
B. Outdoor play areas shall be located a minimum of twenty (20) feet from any residential dwelling on an adjacent lot. The outdoor play area shall be a minimum of six hundred (600) square feet.
C. A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
D. The Family Day Care Home shall be licensed by, or approved by, the Commonwealth, as required by the laws of the Commonwealth, and the continued compliance with the license or approval and all applicable laws of the Commonwealth shall be maintained throughout the operation of the Family'Day Care Home.
E. The Family Day Care Home shall not operate between the hours of 7:30 p.m. and 6:30 a.m.
F. The maximum number of children to whom care is provided in the Family Day Care
122 Home, including children under sixteen (16) years of age who are relatives of the provider, shall be six (6).
G. All applicable criteria of Section 201 1 of this Chapter governing home occupations shall be met.
1903.16 Funeral Home, subject to:
A. The minimum lot area shall be one (1) acre.
5. The site shall have frontage on and direct vehicular access to an arterial or collector street.
C. All off-street parking areas which adjoin property in any Residential Zoning District shall be screened Buffer Area "C" as defined by s2002.1 of this Chapter.
D. Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.
1903.17 Group Care Facility, Personal Care Boarding Home or Transitional Dwelling, subject to:
A. The site proposed for, a Group Care Facility or Transitional Dwelling shall have frontage on and direct vehicular access to an arterial or collector street as defined by this Chapter.
5. A personal care boarding home shall be permitted in the B-P Business Park, District only if the business park is developed for other medical uses, such as medical offices, clinics, a hospital or related facilities.
C. The site proposed for a Personal Care Boarding Home in the R-I Zoning District shall have frontage on and direct vehicular access to an arterial street or collector street as defined by this Chapter.
D. The site shall be served by public water and sewers.
E. In the R-I District, no existing single family dwelling shall be converted to a Personal Care Boarding Home.
F. In the R-I District, the minimum number of residents permitted in a Personal Care Boarding Home in the R-I District shall be twenty (20) residents.
123 G. The minimum site required for any Personal Care Boarding Home proposed to house more than twenty (20) residents, but no more than fifty (50) residents shall be ten (I0) acres and the minimum required lot width shall be three hundred (300) feet. In all other Districts, the minimum lot area required shall be one (1) acre and the minimum required lot width shall be one hundred (100) feet.
H. In the R-1 District, the minimum site required for any Personal Care Boarding Home proposed to house more than fifty (50) residents, but no more than one hundred (100) residents shall be fifteen (15) acres and the minimum required lot width shall be four hundred (400) feet. In all other Districts, the minimum lot area required shall be two (2) acres and the minimum required lot width shall be two hundred (200) feet.
1. In the R-I District, the minimum site required for any Personal Care Boarding Home proposed to house more than one hundred (100) residents shall be twenty-five (25) acres and the minimum required lot width shall be five hundred (500) feet. In all other Districts, the minimum site required shall be five (5) acres and the minimum required lot width shall be three hundred (300) feet.
J. In the R-4 District the minimum site required for a Group Care Facility or Transitional Dwelling shall be one (1) acre. In the C-I, C-3 or C-4 Districts, the minimum lot area required for a Group Care Facility or Transitional Dwelling housing twelve 912) or fewer residents shall be twenty-one thousand seven hundred eighty (21,780) square feet. In the R-4, C-I, C-3, C-4 or 1-1 Districts the minimum lot area required for a Group Care Facility or Transitional Dwelling housing at least thirteen (13), but no more than twenty-five (25), residents shall be two (2) acres. In the R-4, C-1 , C-3,C- 4 and 1-1 Districts, the minimum lot area required for a Group Care Facility or Transitional Dwelling housing at least twenty-six (26), but no more than fifty (50) residents shall be five (5) acres. The minimum lot area required for a Group Care Facility or Transitional Dwelling housing more than fifty (50) residents shall be ten (10) acres.
K. The minimum required front, rear and side yards for any Personal Care Boarding Home which is proposed to house more than fifty (50) residents, but no more than one hundred (100) residents shall be fifty (50) feet from any adjoining single-family residential property. The minimum front, rear and side yards for any Personal Care Boarding Home which is proposed to house more than one hundred (1 00) residents shall be one hundred (100) feet from any adjoining single-family residential property. All yards adjoining other zoning classifications or uses shall be a minimum of twenty (20) feet.
L. The minimum required rear and side yards for any Group Care Facility or Transitional Dwelling which is proposed to house more than twelve (12) residents, but fewer than twenty-six (26) residents shall be fifty (50) feet from any adjoining single-family residential property. The minimum required side and rear yards
124 e
adjoining single family residential property shall be one hundred (100) feet, if twenty- six (26) or more residents are proposed to be housed. All yards adjoining other * zoning classifications or uses shall be a minimum of twenty-five (25) feet. e 0 M. Off-street parking may be located in the minimum required rear yard or side yard, * provided that it shall not be located any closer than twenty (20) feet to any property line which adjoins a single-family use or zoning classification. e 0 N. Off-street parking shall not be permitted in the minimum required front yard, 0 however, off-street parking may be located in front of the building if the building * setback is in excess of the minimum required in the Zoning District. * 0. All property lines of the site proposed for a Group Care Facility or Transitional 0 Dwelling that adjoin a single-family use or zoning classification shall be screened by * Buffer Area "C", as defined by s2002.1 of this Chapter, if the site is one (1) acre or less. Buffer Area "6" shall be required if the site is more than one (1) acre, but less a than five (5) acres. Buffer Area "A" shall be required if the site is five (5) acres or c more. e a P. All property lines of the site proposed for a Personal Care Boarding Home proposed to house more than fifty (50) but less than one hundred (100) residents which adjoin 0 a single-family use or zoning classification shall be screened by Buffer Area "B", as * defined by 52002.1 of this Chapter. For Personal Care Boarding Homes with more 0 than one hundred (100) residents, Buffer Area "Ashall be required. For Personal e Care Boarding Homes with less than fifty (50) residents, Buffer Area "C" shall be c required. e Q. The following accessory iises may be permitted within any principal structure which I. contains a Personal Care Boarding Home, provided the accessory uses are designed to serve the residents of the Personal Care Boarding Home only: * m 1. Beauty shop and/or barber shop; * 2. Card and gift shop; 3. Branch bank or Automated Teller Machine; 4. Medical offices; e 5. Post Office branch; e 6. Ice cream parlor or delicatessen; 7. Newsstand; 8. Resident dining, social and recreational facilities; and ..0 9. Any other personal service customarily related to the needs of the residents e which is not designed to serve the general public. (II R. The perimeter boundary of the site proposed for a Group Care Facility, Personal a Care Boarding Home or Transitional Dwelling shall not be located within one *e 125 0 0 e thousand (1,000) feet of any perimeter boundary line of the site of another existing or proposed Group Care Facility, Personal Care Boarding Home or Transitional Dwelling.
S. Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency medical and firefighting vehicles.
T. Twenty-four (24) hour supervision shall be provided by staff qualified by the sponsoring agency.
U. Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a minimum six (6) foot fence with self-latching gate.
V. Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a Certificate of Use and Occupancy and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year. Failure to submit the required report by the end of January shall be a violation of this Chapter and shall be subject to the enforcement provisions of Section 2503 of this Chapter.
C. A security system appropriate to the level of custody provide for the residents shall be installed to control ingress and egress to the structure and to secure the perimeter of the site, if warranted, subject to approval by the Board of Supervisors.
D. The administrator of the facility shall file an emergency management plan, including planned response to fire, security and medical emergencies with the Board of Supervisors, the Township Police Department, the Emergency Medical Service and the responding fire companies.
E. If a Transitional Dwelling is licensed by the Commonwealth as a juvenile residential care facility under Chapter 3800 of Title 55 PA Code to provide secure care and/or secure detention, as provided for in those regulations, the facility shall meet all applicable requirements of Chapter 3800 for secure care and/or secure detention and shall only be permitted on lots that provide a minimum 100 foot setback along all property lines that adjoin a single family dwelling or residential zoning’ classification.
If an applicant for conditional use approval does not indicate that the facility may be used for secure care and/or secure detention at the time of application for conditional use approval, a new conditional use application shall be submitted to authorize the expanded use and determine compliance with the requirements of this Subsection.
F. If a Transitional Dwelling is licensed by the Commonwealth as a juvenile residential
126 a @ care facility, in the event that any juvenile is absent from the premises for the time I) period specified by §3800.16(a)[7] of Chapter 3800, as now or hereafter amended, the facility shall notify the South Park Township Police Department immediately upon discovering such absence. e I) 1903.1 8 Hospital, Clinic or Nursing Home, subject to: e A. The minimum lot area required for a hospital shall be five (5)acres. The minimum lot area required for a clinic or nursing home shall be one (1) acre.
B. In the B-P District, a hospital, clinic or nursing home shall be permitted only if the Business Park is developed for medical offices and one (1) or more other such medical related uses.
C. The property shall be served by public water and public storm and sanitary sewers.
D. All hospitals and nursing homes shall be licensed by the Commonwealth.
E. Water pressure and volume shall be adequate for fire protection.
F. Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.
G. The parking and circulation plan shall be referred to the local police department and fire company for comments regarding traffic safety and emergency access.
H. Nursing homes shall have a bed capacity of at least twenty (20) beds, but no more than two hundred (200) beds. 1. All property lines adjoining residential use or zoning classification shall be screened by Buffer Area "B", as defined by S2002.1 of this Chapter.
J. Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
K. A private use helipad for air ambulances shall be permitted as part of a hospital, provided all of the following are met:
1. Helipads shall be located at least fifty (50) feet from any property line or public street.
2. Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.
3. Evidence of compliance with all applicable regulations of the Federal Aviation
127 Administration and Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.
4. The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.
5. The helicopter landing pad shall be paved, level and maintained dirt free. Rooftop pads shall be free of all loose stone and aggregate.
6. An application for a helipad on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
7. Lighting shall be shielded away from adjacent properties.
1903.19 Incinerator, subject to:
A. The incinerator shall be located a minimum of one thousand (1,000) feet from the property line of any "R" or "C" Zoning District boundary.
0. Single chamber incinerators shall not be permitted. Multiple chambered incinerators shall make full and proper use of components and appurtenances to ensure the most efficient and complete combustion.
C. Disposal of waste classified by the Pennsylvania Department of Environmental Protection (PA DEP) or the Allegheny County Health Department as hazardous, toxic, hospital, infectious, chemotherapeutic or industrial wastes, as excluded in the definition of municipal waste in 25 PA Code, shall not be permitted.
D. No incinerator shall be constructed, operated or used in violation of current or revised Department of Environmental Protection Regulations or in nonconformity with Article XX, Rules and Regulations of the Allegheny County Health Department, Department of Air and Pollution Control in present form or as amended. The regulations cited in this Section are hereby incorporated by reference.
E. The proposed facility shall comply with the Performance Standards specified in Section 2001 of this Chapter.
F. Municipal waste incinerator facilities, capable of firing municipal wastes at rates greater than or equal to fifty (50) tons per day shall comply with the Best Available Technology (BAT) requirements along with New Source Performance Standards (NSPS) specified in Article XXVl.
G. The tipping area shall be totally enclosed and operated at a negative pressure to
128 prevent the escape of malodors. The.air shall be used as primary combustion air in the incinerator.
H. Open storage of municipal waste and ash are prohibited. Ash shall be loaded in an enclosed area or handled wet in enclosed containers.
1. Ash residue from municipal waste incineration shall be stored in enclosed containers, which may include a properly tarped container, or in an enclosed area, which may include an adequately ventilated building.
J. Ash residue shall be stored in such a manner to prevent the release, dispersal and a discharge of ash residue into the air, water or on to land.
K. Ash residue from municipal waste incineration shall be transported in an enclosed or covered vehicle that prevents the dispersal of ash residue.
L. All information submitted to the Pennsylvania Department of Environmental Protection for State permitting requirements shall also be submitted to the South Park Township Board of Supervisors and the Planning Commission when applying for approval of the conditional use.
M. The application for conditional use approval shall include:
1. All information required by the Township Subdivision and Land Development Ordinance for a land development.
2. Location of all schools, residential dwellings, group homes, personal care boarding homes, transitional dweilings, commercial establishments and any other publicly owned or operated facility, or other facility used by or accessible to the public.
3. Names of all owners and/or occupants of all adjacent real property within one (1) mile of the proposed site.
4. Identity and location of all hospitals or public health facilities as well as fire and police departments that can readily serve the proposed site, and the identification of equipment owned by or available to such public health or public safety facilities for use in circumstances of an accident, emergency or public disaster at the proposed site.
5. Source and volume of emergency water supply, and/or other liquids or substances to be used in case of fires or other emergencies at the proposed site.
129 6. Description of all on-site safety equipment and training programs available to employees.
7. Type and condition of public or private roads serving the site including any weight restrictions thereon.
8. Estimated number of vehicles and volume of waste to be transported to and from the proposed site on a daily basis for the first five (5) years of operation.
9. Applicant's prior experience in operating municipal waste facilities, which shall include documentation evidencing at least ten (IO) years of active successful operation of a municipal waste facility.
10. Location and type of weighing scales and/or other equipment to be used in recording the volume of waste to be transported to and from the proposed site.
11. A complete listing of all types and volumes of municipal wastes to be incinerated at the proposed site.
N. The incinerator shall not be located in any area in which such location violates any law, statute, regulation or ordinance of the Township of South Park, the Commonwealth of Pennsylvania, or the United States of America governing and regulating the area as a flood plain area and which would pose a danger and hazard to any water supply and safety and tranquility of the Township of South Park during times of flooding.
0. A gate or barrier shall be maintained at vehicle points to block unauthorized access to the site when an attendant is not on duty.
P. A chain link fence at least ten (10) feet in height shall surround the entire perimeter of the facility to prevent any access except at points designated on the plans for vehicles delivering or removing waste from the site.
Q. A perimeter setback of two hundred (200) feet shall be maintained around the entire perimeter of the site. Within the perimeter setback, Buffer Area "A' as required by $2002.1 of this Chapter, shall be provided.
R. Weighing scales shall be installed and accurate records maintained of volume of waste brought to and from the site. Bonding of weigh men shall be provided in an amount of at least $50,000 and certified by the Commonwealth of Pennsylvania.
S. An emergency plan shall be submitted to the Township of South Park and the Fire and Rescue Department serving the Township and Township Emergency
130 Management Coordinator for final approval. The facility shall have ample emergency equipment on site as determined by the Township of South Park. The emergency plan shall describe arrangements, fire departments, hospitals, contractors and State and local emergency response teams to coordinate emergency services.
T. The applicant shall submit a contingency plan for effective action to minimize and abate hazards to human health and the environment from fire, explosion, emission or discharge of any material to air, soil, surface water or ground water.
U. There shall be no open burning at the facility.
V. The site shall be kept clean and free from litter, windblown refuse and debris which may attract or harbor vectors.
W. The unloading area shall be adequate in size and design to facilitate the rapid unloading of municipal waste from collection vehicles. This area shall be clearly marked.
X. Access roads shall be paved or surfaced with such material as asphalt or concrete as approved by the Township of South Park. Access roads shall be suitable for use in all types of weather by loaded transport vehicles, emergency vehicles and emergency equipment. These roads shall have a base capable of withstanding anticipated load limits. The minimum cartway width for two way traffic shall be twenty-two (22) feet. The access road shall have proper sight distances in compliance with the Township of South Park Code and shall have a maximum grade of twelve percent (12%).
Y. An identification sign shall be posted at each intersection of an access road to the site with a public street.
Z. Prior to beginning operations, the operator shall post a bond in the favor of the Township and in a form acceptable to the Township Solicitor in the amount of one hundred thousand dollars ($100,000) for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that a Certificate of Use and Occupancy is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction required by this Chapter shall result in forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township Specifications for Street Construction.
131 AA. Conditional use approval shall not be transferrable from one (1) applicant or operator to another.
66. Any change or modification to the approved plans, including change in the owner or operator, change in the type of waste handled or expansion of the facility, shall mandate submission of a new application for conditional use approval. cc. Conditional use approval shall be valid for one (1) year from the date of the decision by the Board of Supervisors. Conditional use approval shall automatically expire without written notice to the applicant. The Board of Supervisors may grant one (1) six-month extension upon written request by the applicant.
DD. Upon approval of the conditional use application, the applicant shall obtain and continuously maintain the required installation and operating permits required by Article XXVl.
EE. The required State or Federal permits shall be maintained throughout the duration of all operations. Any suspension or revocation of the required State or Federal
8. permits shall constitute a violation of this Chapter and shall result in the suspension or revocation of the Certificate of Use and Occupancy or enforcement of the penalty provisions of this Chapter or both.
FF. In January of each year, the operator shall apply to the Township Manager for renewal of the operating license and shall present evidence of continuing compliance with all conditions of approval, the required State or Federal permits, as well as the licensing requirements, and the installation and operating permits required by Article XXVI.
1903.20 Landfill, subject to:
A. The minimum site area shall be eighty-five (85) acres.
6. The site shall have frontage on and direct vehicular access to an arterial or collector road, as defined by this Chapter.
C. The driveway or haul road entering the site from a public street shall be paved for a distance of five hundred (500) feet from the public street.
D. A tire washing station shall be located on the site to service trucks exiting the facility. The tire washing station shall be located at least two hundred (200) feet from any property line adjoining residential use or zoning classification.
E. The operator shall post a bond in favor of the Township and in a form acceptable to
132 the Township prior to beginning operations in the amount of one hundred thousand dollars ($100,000) for each mile of Township road or portion thereof proposed to be traversed by vehicles traveling to the site. The term of the bond shall begin on the date that the Building/Zoning Permit is issued. The bond shall be returned to the operator upon completion of all operations and any backfilling or reconstruction of a damaged roadway due to weight in excess of the posted weight limits for the road. Any failure to complete the reconstruction required by this Chapter shall result in forfeiture of the required bond. Those portions of the Township roads which have been damaged shall be determined by inspection of the Township Engineer and shall be reconstructed to current Township Specifications for Street Construction.
F. New or expanded disposal operations shall be located at least two hundred (200) feet from any property lines adjoining residential use or zoning district classification.
G. All property lines adjoining residential use or zoning district classification shall be screened by Buffer Area "AI as defined by 52002.1 of this Chapter. The Buffer Area shall be comprised of a combination of earthen mounding and the required plantings.
H. Fencing at least (IO) feet in height shall be provided around any work area for security and to control windblown refuse.
1. The applicant shall show compliance with applicable State and Federal laws regulating landfills.
J. The applicant shall obtain the required permits from the Pennsylvania Department of Environmental Protection (PA DEP) and/or the U.S. Environmental Protection Agency prior to initiating any operation.
K. The required State or Federal permits shall be maintained throughout the duration of all operations.
L. Any suspension or revocation of the required State or Federal permits shall constitute a violation of this Chapter and will result in the suspension or revocation of the Certificate of Use and Occupancy or enforcement of the penalty provisions of this Ordinance or both.
M. In January of each year, the operator shall apply to the Zoning Officer for renewal of the Certificate of Use and Occupancy and shall present evidence of continuing compliance with all conditions of approval and required State or Federal permits.
N. Composting for commercial purposes shall be limited to an accessory use as part of a DER approved landfill site and shall be subject to the following standards:
133 1. No portion of the composting facility shall be located closer than three hundred (300) feet to any dwelling.
2. A paved unloading area shall be provided.
3. The route for trucks shall be designated and shall comply with posted weight limits.
4. A bond shall be posted in an amount determined by the Township Engineer for all Township roads which are to be used for hauling. The amount of the bond shall be determined based on the current condition of the road, the number of trips and the weight of the trucks.
5. The driveway or haul road entering the site from the public street shall be paved for a distance of five hundred (500) feet from the public street.
6. The composting facility shall comply with the Performance Standards of this Chapter.
7. All equipment used at the composting facility shall be adequately secured when the facility is not in operation.
8. A tire washing facility shall be located on the site to service trucks exiting the facility.
9. All property lines adjoining residential use or zoning district classification shall be screened by a hedge or opaque fence at least four (4) feet in height.
1903.21 Mobile Home Park, subject to:
A. The minimum site required for a mobile home park shall be ten (IO) contiguous acres.
B. The minimum width of the site proposed for a mobile home park shall be one hundred (100) feet along the frontage used for vehicular entrances and exits..
C. A minimum front yard of seventy-five (75) feet required along all street frontages located outside the mobile home park site.
D. A perimeter setback of at least fifty (50) feet shall be provided along all property lines around the outside perimeter of the mobile home park site. Within the perimeter setback, Buffer Area "A shall be provided.
134 E. Each mobile home berth shall contain an area of at least six thousand (6,000) square feet.
F. Each mobile home berth shall have available at least two (2) paved off-street parking spaces.
G. The minimum distance between mobile homes shall be twenty (20) feet.
H. All accessory service buildings on the mobile home park site shall be connected to all mobile home berths by a walkway not less than three (3) feet in width.
1. All roadways and walkways shall be lighted at night with lamps spaced at intervals of not more than two hundred fifty (250) feet.
J. The minimum number of berths completed and ready for occupancy before first occupancy shall be thirty (30).
K. Each berth shall be rented for at least sixty (60) days or more.
L* The mobile home park shall be serviced by public sewers or a Community Sewage System approved by the PA Department of Environmental Protection (PA DEP) or its successor agency.
M. All mobile homes, service and accessory buildings shall be connected to a public water supply system.
N. Each mobile home berth shall be provided with an approved electrical connection system.
0. Fire hydrants shall be located within at least six hundred (600) feet of any mobile home, service building or other accessory structure.
P. All roadways, storm sewers and sanitary sewers shall be constructed in accordance with the Township Construction Standards, and said improvements shall be dedicated and accepted by the Township for maintenance purposes in accordance with the standards and procedures specified in the Township Subdivision and Land Development 0rd i na nce .
Q. Paved sidewalks as approved by the Planning Commission shall be required on one (1) side of each roadway.
R. All mobile homes shall be placed on a prepared concrete pad or foundation. Permanent paved walkways to each mobile home shall be required. S. All mobile homes must have a solid enclosure of compatible material and design around the entire base. Such skirting shall provide adequate ventilation to inhibit the formation of moisture and decay.
T. Each mobile home shall be provided with an anchoring system to prevent and resist overturning or lateral movement caused by wind forces. Such anchoring shall be equivalent to or exceed NFPA Standard No. 501A-1974 (ANSI A129.3-1975).
U. The roadway pattern serving the mobile home park shall be designed to minimize traffic impacts or surrounding residential neighborhoods.
1903.22 Garden Apartments in the C-3 District, subject to:
A. The property proposed for garden apartments shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Chapter.
B. The minimum lot area required to construct garden apartments shall be 24,000 square feet.
C. The maximum dwelling unit density shall be eighteen (18) units per acre. <. :D. All other minimum requirements of the C-3 District specified in Section 1202 shall apply.
E. The maximum number of dwelling units in any garden apartment building shall be twenty-four (24).
F. The maximum length of any building shall not exceed two hundred fifty (250) feet.
G. Where two (2) or more buildings exist on the same lot, the minimum distance between buildings shall be twenty (20) feet.
H. On lots containing more than twelve (12) dwelling units, all property lines adjoining single family use or zoning classification shall be screened by Buffer Area "B", as defined by 52002.1 of this Chapter.
1. All portions of the property not covered by buildings, driveways, parking or other paved areas shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.
J. The design and orientation of the buildings on the property shall take into account compatibility with and the visual impact on any adjoining single family residential properties. The building and the property shall be effectively landscaped to
136 .... . W.' - _.,. . ...
.~ minimize such impacts on adjoining residential properties.
K. On lots containing more than twenty-four (24) dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the prospective residents shall be provided subject to approval by the Board of Supervisors.
1903.23 Nightclub, subject to:
A. Nightclubs shall cease operations between the hours of 2:OO a.m. and 500 a.m.
B. There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.
C. All operations shall be conducted within a completely enclosed building and doors and windows shall remain closed during hours when entertainment is presented.
D. The owner/operator of the nightclub shall provide private security, licensed under the laws of the Commonwealth of Pennsylvania, if the maximum permitted occupancy of the nightclub exceeds fifty (50) persons.
E. Nightclubs and any restaurant or portion thereof which operates as a nightclub, as defined by this Chapter, shall provide off-street parking at the ratio of one (1) parking space for each thirty-two (32) square feet of floor area devoted to patron use plus one (1) parking space for each employee on peak shift.
F. Any nightclub which proposes a maximum permitted occupancy of two hundred (200) or more persons shall be located at least three hundred (300) feet from any property line which adjoins a residential zoning classification.
G. Any nightclub which offers adult entertainment, as defined herein, shall be further subject to $1903.1 of this Chapter.
1903.24 Pilot Manufacturing, subject to:
A. Pilot manufacturing shall be permitted only as an accessory use when it is directly related to research and development activities authorized as a principal use in a Business Park. Pilot manufacturing shall be permitted only in a Business P.ark which has a minimum site of thirty (30) acres.
B. The floor area devoted to pilot manufacturing shall not exceed twenty-five percent (25%) of the total floor area of all buildings devoted to research and development.
C. All materials and equipment shall be stored within a completely enclosed building.
137 D. The use shall comply with all Performance Standards specified in Section 2001 of this Chapter.
E. The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.
1903.25 Private Club, subject to:
A. Any establishment which includes a restaurant shall further be subject to the off- street parking requirements of Article XXI for the portion of the building devoted to restaurant use.
6. Any rental of the facility to non-members shall require on-site management andlor security personnel during the event.
C. Activities on the site and within the building shall comply with the noise standards specified in s2001.3 of this Chapter.
D. All off-street parking which adjoins residential zoning classification shall be screened by a minimum four (4) foot high compact dense evergreen hedge.
E. In the case of a Sportsman's Club, the use shall be further subject to Chapter 66 of the Code of the Township.
1903.26 Private Stables, subject to:
A. The total area of the property proposed for a private stable shall be at least five (5) acres.
B. A dwelling shall be located on the property proposed for a private stable and the resident of the dwelling shall be the owner of the horses to be located on the property-
C. The private stable shall be for the personal use and enjoyment of the property owner and shall not involve any rental, boarding or other profit-making activity.
D. All property lines of the property proposed for a private stable shall be located at least three hundred (300) feet from any property line in a recorded plan of subdivision which is developed or proposed to be developed for single family dwellings.
E. One (1) horse or pony shall be permitted on the first three (3) acres of land and one (1) additional horse or pony shall be permitted for each additional acre in excess of
I38 three (3) acres, but less than ten (IO) acres.
Foals which are less than six (6) months old shall not be counted in the maximum, number of horses or ponies permitted per acre. Foals which are six (6) months or older shall be counted in the maximum number of horses or ponies permitted per acre.
F. On properties of ten (IO) acres or more, the number of horses shall be reasonably related to the size of the property, the area available for grazing and the capacity of the land to sustain the animals without creating a nuisance.
G. All animals shall be housed in a completely enclosed nonresidential structure and the animals shall be humanely kept.
H. All stables and other buildings in which animals are kept shall be located at least three hundred (300) feet from any occupied dwelling, other than the stable owner's dwelling, and in no case, shall the storage of manure or the stable or other building in which animals are kept be located closer than two hundred (200) feet to any property line.
I. No grazing of animals shall be permitted closer than one hundred (100) feet from any occupied dwelling, other than the stable owner's dwelling.
J. The area of the property used for grazing shall be adequately fenced to properly enclose the animals and to protect adjacent properties.
K. The stable owner shall not-permit litter and droppings from the horses to collect so as to result in the presence of fly larvae or objectionable odors.
1903.27 Public and Noncommercial Recreation, subject to:
A. A minimum lot area of one (1) acre shall be required.
B. All principal structures shall be located at least thirty (30) feet from any property line.
C. Buffer Area "B", as defined by s2002.1 of this Chapter shall be provided along all property lines adjoining residential use or zoning classification.
D. The use shall comply with the Performance Standards of Section 2001 of this Chapter.
E. All lighting shall be shielded away from adjoining streets and properties.
139 F. Any outdoor facility located within two hundred (200) feet of an existing dwelling shall cease operations at I1:00 P.M.
1903.28 Public or Private Parking Lot or Parking Garage, subject to:
A. All public or private parking lots or parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this Chapter.
6. All public or private parking lots or parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking structure.
C. The design of any parking garage proposed to be located on property which adjoins a residential zoning district shall take into account the height, visual, light and air impacts on adjoining residences and shall utilize architectural materials for the exterior walls facing those residential areas which are compatible with the residential
8 character of adjoining properties.
D. Any parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal str uctu re.
E. Any private parking lot which is reserved for the customers or employees of a specific use and is not available to the general public shall be located within five hundred (500) feet of the specific use which it is intended to serve.
F. Any public parking lot adjoining a residential zoning district shall be screened by Buffer Area "C" as defined by 52002.1 of this Chapter along all property lines which adjoin residential use or zoning classification. Driveway access to such a parking lot shall be designed to minimize conflict with any existing private driveway serving a residential lot and any existing on-street parking.
1903.29 Public Utility Installation, subject to:
A. The minimum lot area required shall be 20,000 square feet.
B. Maintenance vehicles shall be stored within a completely enclosed building.
C. Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six (6) foot high fence with locking gate and is screened by 100% opaque screening material placed in the fencing or by a six (6) foot high compact dense evergreen hedge.
140 in any other freestanding principal or accessory building.
B. The maximum gross floor area devoted to any single restaurant establishment in an ofice building which is open to the general public shall be ten thousand (10,000) square feet. C. Off-street parking for the restaurant shall be provided in accordance with the requirements of Article XXI of this Chapter for the use. Off-street parking for the restaurant shall be clearly designated and shall be located within three hundred (300) feet of the entrance to the restaurant.
D. A separate Business Sign provided for by Article XXII of this Chapter shall be permitted for the restaurant, provided that it does not exceed thirty-two (32) square feet of gross surface area.
1903.33 Supporting Commercial Uses in a Business Park, subject to:
A. Supporting commercial uses in a principal building in a Business Park shall be limited to the following uses:
I. Sale of office supplies and equipment. 2. Travel agency. 3. Pharmacies, if related to medical offices or clinics. 4. Sale of medical supplies and equipment, if related to medical offices or clinics. 5. Newsstand or tobacco shop. 6. Card and gift shop or stationery store. 7. Florist. 8. Delicatessen or sandwich shop providing either sit-down or take out service, primarily for the convenience of the employees in the Business Park.
8. Supporting retail businesses shall be limited to the ground or first floor of any office building in the Business Park and shall not be permitted in any other freestanding principal or accessory building.
C. The total floor area devoted to supporting retail businesses shall not exceed fifteen percent (15%) of the total floor area devoted to office use in the Business Park.
D. The maximum net floor area devoted to any single supporting retail establishment shall be five thousand (5,000) square feet.
E. Off-street parking shall be provided for the supporting retail businesses in accordance with the following ratio: one (I)space for each three hundred (300) square feet of gross floor area.
143 F. A separate business identification sign provided for by Article XXll of this Chapter shall be permitted for the supporting commercial uses, provided that the sign shall be wall mounted and shall not exceed thirty-two (32) square feet of gross floor area.
1903.34 Service SUation, subject to:
A. All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.
B. All discharges into public sanitary sewers shall comply with all applicable regulations of the U.S. Environmental Protection Agency (EPA) and the PA Department of Environmental Protection (DEP).
C. All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a minimum four (4) foot high opaque fence.
D. All vehicles awaiting repair shall be stored on the lot in an approved storage area and, in no case, shall said vehicles be stored on or obstruct access to a public right of way.
E. Canopies over gasoline pumps shall be subject to the requirements of 52003.3g of this Chapter.
F. Gasoline pumps shall be located at least thirty (30) feet from the edge of the right of way of a public street.
6. All fuel, oil and similar substances shall be stored at least twenty-five (25) feet from any property line.
H. The handling and disposal of motor oil, battery acid and any other substance regulated by Federal Statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this Chapter and shall be subject to the enforcement provisions of Section 2503 of this Chapter.
1. Buffer Area "B", as defined by $2002.1 of this Chapter shall be provided along all property lines adjoining residential use or zoning classification.
1903.35 Storage Trailers and Watchman's Facility, subject to:
A. Storage trailers shall be accessory to an authorized principal use and shall not be
144 the only structure on the lot.
B. Storage trailers shall not be located in the required front yard.
C. Storage trailers may be located in the required rear or side yards if adequately screened from view from the public street or adjacent residential property by a six (6) foot compact evergreen hedge or screening fence.
D. Storage trailers shall be located so as to not reduce the required parking or loading area for the principal use, nor shall their location obstruct the free and safe vehicular or pedestrian circulation on the lot.
E. No display or sale of merchandise shall be permitted from the storage trailer.
F. No office or other administrative use of the storage trailer shall be permitted.
G. Storage trailers shall be included in the computation of maximum permitted lot coverage for the principal use.
H. Storage trailers must be secured in the fixed location approved by the Township and shall not be used for hauling while they are in use as a storage trailer as defined by this Chapter.
1. Watchman's facilities may be equipped with cooking and sleeping facilities, but shall not be utilized as a permanent dwelling unit.
J. Watchman's facilities shall be necessary to the security of the principal use.
K. Watchman's facilities shall be located so as to provide access to pub!ic safety and emergency vehicles.
L. In approving the location of storage trailers or watchman's facilities on the lot, the Zoning Hearing Board may attach such reasonable conditions as necessary to protect the public health, safety and welfare, including limiting the duration of time during which a storage trailer or watchman's facility may be used on a lot, if warranted.
1903.36 Temporary Uses or Structures, other than Construction Trailers, subject to:
A. Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this Section as a condition of issuing a Certificate of Use and Occupancy.
145 a a a 0 a B. Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period a of not more than ten (IO) days shall not be subject to the provisions of this Section. a Any such activity which exceeds ten (IO) days in duration shall be subject to approval under this Section. a a C. If applicable, a transient merchant license as required by Chapter 97 of the a Township Code shall be obtained. a D. In the C Districts, preparation and/or serving of food in an outdoor setting shall be a permitted only if all of the following requirements are met: 1. The preparation and serving of food which is part of a special event that does a not exceed 72 consecutive hours in duration shall be exempt from the a requirement to obtain approval of a use by special exception under this Section; however, an occupancy permit shall be obtained from the Township a Zoning Officer subject to the applicant demonstrating compliance with the a standards and criteria of this S1903.36d. a 2. All applicable requirements of the Allegheny County Health Department shall a be met. a e 3. The preparation and serving of food shall not be permitted on any vacant lot e and shall only be permitted on the site of an existing business. a 4. The area used for preparing and serving the food shall not obstruct any sidewalk or public right of way nor shall it obstruct the free flow of pedestrian e or vehicular traffic on the site or adjoining the site. On any sidewalk, there a shall be maintained a minimum of five (5) feet unobstructed width for the a passage of pedestrians and, in the case where there is parallel parking permitted along such sidewalk, a minimum of four (4) feet adjacent to the curb a to permit the discharging of passengers shall be provided. These required a unobstructed areas on the sidewalk may be combined into one area at least a five (5) feet wide along the curb. a 5. No noise or odor shall emanate from such outdoor area where food is a prepared and/or served which adversely affects any adjoining residentially a zoned property. a 6. The area used for preparing and serving food shall not eliminate the a availability of any existing parking spaces on the site. a a a 146 a a a 0 e e e 7. The activity shall comply with all applicable requirements of the Township e Fire Code. e 8. The site intended to be used for the preparation and/or serving of food shall e provide restroom facilities available to the public, unless the existing business e on the site has restroom facilities which will be available to the public visiting the temporary use. e 9. The owner of the existing business or the operator of the temporary use e involving the preparation and/or serving of food in an outdoor setting shall provide the Township with a Certificate of Insurance, in an amount at least e equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying e the Township against any liability resulting from such use. e e E. Approval of temporary uses or structures shall be granted for a specific time period not to exceed six (6) months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for e annual renewal by the Zoning Officer of the permit for the temporary use or e structure, provided all conditions of the original approval are maintained. e F. All seasonal temporary uses or structures shall be removed within ten (IO) days of e the expiration of the specific period for which the structure or use is approved. e e G. Temporary uses or structures which are authorized for a particular short-term event shall be removed within forty-eight (48) hours after the completion of the event. e
H. All temporary uses or structures which are proposed to be accessible to the public e shall provide off-street parking in accordance with the requirements of Article mi. 0 1. Vehicular access for all temporary uses or structures which are proposed to be e accessible to the public shall be designed to minimize congestion on the lot and not e impede the free flow of traffic for any other permanent use or structure on the lot. a e J. All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the Zoning District in which they e are located. All temporary uses or structures which are proposed to be used as e accessory uses or structures shall comply with the requirements of the Zoning e District for accessory structures. No temporary use or structure shall be located in e any public right-of-way. a K. Temporary uses or structures which are proposed as principal uses or structures e and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot and are available to the customers or patrons of the a temporary use or structure. e e 147 e e e e a a 1903.37 Vehicle Repair Garage, subject to: 0 A. Such use shall not be located within one hundred (100) feet of any dwelling in any a residential zoning district. 0 0 B. Buffer Area "B", as defined by 52002.1 of this Chapter shall be provided along all a property lines adjoining residential use or zoning classification. 0 C. Storage of parts, dismantled vehicles and vehicles awaiting repair shall be kept in an enclosed building or in an outdoor area which is screened by a six (6) foot high a compact dense evergreen hedge or opaque fence. a D. There shall be no more than four (4) vehicles displayed for sale on the premises at e any one (1) time. a E. All repair work shall be performed within an enclosed building which has adequate ventilation and fire protection provisions in accordance with the Township Building e Code. 0 a F,. All towed vehicles shall be stored on the premises and no vehicle shall be stored or 0 dismantled on any public street. a e G. The premises shall be kept clean and shall be maintained so as to not constitute a m nuisance or menace to public health or safety. e H. Storage, handling and disposal of hazardous materials, as defined by Federal or State statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
1903.38 Vehicle Sales and Service, subject to: a A. The minimum lot area required shall be one (1) acre.
B. The property shall have frontage on and direct vehicular access to an arterial or collector street.
C. The minimum dimensions of the area devoted to the display of each vehicle shall be eight (8) feet wide by eighteen (18) feet deep.
D. The area used for display of merchandise offered for sale and the area used for
148 a a parking of customer and employee vehicles shall be continuously paved and e maintained in either concrete over a base of crushed stone compacted to not less e than six (6)inches in depth or other surfacing of equivalent or superior character as e approved by the Township Engineer. e E. The handling and disposal of motor oil, battery acid and any other substance a regulated by Federal Statute and the Pennsylvania Department of Environmental a Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA e DEP permits shall be a violation of this Chapter and shall be subject to the a enforcement provisions of Section 2503 of this Chapter. a a F. All lots used for the outdoor display of vehicles shall have a completely enclosed a building on the same lot which has not less than two thousand (2,000) square feet of gross floor area where all sales, servicing, repair and customer car washing shall a be performed. e a G. Customer car washing areas shall discharge into public sanitary sewers. 0 H. No vehicle offered for sale shall be parked on adjacent property or in any public a street right of way. a 0 I. No vehicle shall be displayed or offered for sale which does not have a current 0 registration and inspection sticker and all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of e the Commonwealth of Pennsylvania. a a J. All lights and light poles shall be located at least ten (10) feet from any street right of way or property line and all lighting shall be shielded and reflected away from a adjacent streets and properties. a a K. No oscillating or flashing lights shall be permitted on the lot, on any of the structures a or poles on the lot or on any merchandise displayed outdoors. e L. No strings of lights or flags, flashers or other display paraphernalia shall be a permitted on the lot, on any of the structures or poles or on merchandise displayed 0 outdoors, except for such signs as may be otherwise allowed by Article XXI of this 0 Chapter.
M. All required off-street parking spaces shall be reserved exclusively for the parking a of customer and employee vehicles and shall not be used for the display of merchandise. e a a 149 a a a a a e e e N. Customer vehicles with external damage awaiting repairs shall be located either 0 inside a building or in an outdoor area which is screened by a six (6) foot compact e hedge or opaque fence. e 0. Buffer Area "B", as defined by 92002.1 of this Chapter shall be provided along all e property lines adjoining residential use or zoning classification. e e 1903.39 Warehousing and Distribution, Class 1 and Wholesaling, Class 1, subject e to: a A. The types of products stored, sold or distributed shall be related to any of the e permitted uses authorized in the Zoning District in which the property is located. e B. If the loading area has direct vehicular access only to an arterial or collector street, e as defined by this Ordinance, there shall be no limit on the type and weight of a vehicles used for pick-up and delivery. If the loading area has direct vehicular a access only to a local street or alley, vehicles used for pick-up and delivery shall not e exceed eleven thousand (11,000) pounds GWV. a C. No shipping or receiving shall be permitted within three hundred (300) feet of any e property in a residential zoning district between the hours of 7:OO P.M. and 7:OO A.M. e D. Shipping and receiving facilities which face a property line in a residential zoning e . district shall be screened by Buffer Area A, as required by Section 2002 of this a Ordinance. @ e 1903.40 Commercial School, Subject to: e A. There shall be no outside storage of materials, equipment or machinery used in the e training activities. e e B. None of the training activities shall be conducted outside a completely enclosed e building. e C. Parking requirements otherwise applicable to the commercial school may be e reduced by the Board of Supervisors, upon recommendation of the Planning e Commission, if the applicant documents the percentage of students and/or faculty 0 who utilize carpools or public transportation. e 1903.41 Supporting Uses for the Montour Trail, subject to: e A. The proposed use shall be intended to serve the needs of the uses of the Montour e Trail and other recreational facilities in the C-R District. Examples of authorized e supporting uses include, but are not limited to: e a 150 e e e e e 1. Retail Bakery, Coffee Shop, Deli, Candy or Ice Cream Store not exceeding e 5,000 square feet of gross floor area e 2. Bicycle Sales or Rental 0 3. Bait Shop, Rental of Fishing Equipment e B. The proposed uses shall be compatible with the other authorized uses in the C-R 0 Conservation Recreation District and with the purpose statement of the District. e 0 C. The proposed use shall provide bicycle parking on the site. e D. If the proposed use offers food or beverages, outdoor seating areas shall be a provided. e E. All uses shall provide trash receptacles on the site. e e F. All uses shall provide restroom facilities accessible to the public. a e G. In approving the proposed conditional use, the Board of Supervisors, upon recommendation by the Planning Commission, may reduce the otherwise applicable 0 parking requirements for the use if the applicant submits documentation regarding a the percentage of potential customers that will be walking or riding bicycles on the Montour Trail. e 1903.42 Contractor’s Yard in C-4, subject to: 0 0 A. The minimum site required shall be five (5) acres. e 6. All outside storage of materials and equipment shall be located behind the minimum a required front building line and shall be screened from view from any public street e or any immediately adjoining residential property by a minimum six (6) foot high e evergreen hedge or opaque fence. a C. Outdoor areas used for storage of materials or equipment shall be secured by a e fence that is a minimum of six (6) feet in height. a e D. Any property located within three hundred (300) feet of property in a residential e zoning district shall cease operations between 7:OO P.M. and 7:OO A.M. e E. Outdoor areas used for storage of materials and equipment shall be located at least a one hundred (100) feet from any property adjoining property in a residential zoning a district. e e a 151 e a 0 a e e 0 a e 1903.43 Juvenile Incarceration Facility, subject to: 0 A. The Juvenile Incarceration Facility shall comply with and shall provide evidence of a all applicable licenses and approvals required by Title 42 Pennsylvania 0 Consolidated Statues, Chapter 63, 5 6301 et seq., known as the “Juvenile Act”, as e amended. a B. The minimum site required shall be: three (3) acres if less than twenty-five (25) a juveniles are proposed to be housed; five (5) acres, if 25-50 juveniles are proposed a to be housed; ten (10) acres, if 51-75 juveniles are proposed to be housed; and e *fifteen (15) acres, if 76-120 juveniles are proposed to be housed. 0 C. Any expansion, change of use or change in the level of custody that is not approved as part of the original conditional use application shall be subject to resubmission 0 and approval of a revised conditional use application to determine continued a compliance with these criteria. a D. Buffer Area “A” as defined by §2002.1 of this Chapter shall be required along any 0 property line adjoining an existing single family dwelling or residential zoning e classification. e E. Buffer Area ‘‘6”as defined by $2002.1 of this Chapter shall be required along all a property lines other than those adjoining an existing single family dwelling or 0 residential zoning classification. e F. The minimum front, die and rear yards shall be one hundred (100) feet. a e G. Minimum lot width shall be two hundred (200) feet. a H. Maximum lot coverage by buildings shall be 35%; paved areas shall not exceed 20% a of the total site area. a e 1. Off-street parking shall be provided in accordance with the standards of Article UI. e J. Twenty-four (24) hour supervision shall be provided by staff qualified by the 0 sponsoring, licensing or contracting agency. K. A security system, appropriate to the level of custody provided for the residents shall 0 be installed to control ingress and egress to the structure and to secure the e perimeter of the site, subject to approval by the Board of Supervisors. e a L. The administrator of the facility shall file an emergency management plan, including e planned response to fire, security and medical emergencies with the Board of a Supervisors, the Township Police Department, the Emergency Medical Service and a 152 e e a a e 0 the responding fire companies. e e M. Adequate provisions shall be made for access to all areas of the property and the a structure by emergency medical, fire and public safety vehicles. e N. The applicant shall present evidence of PA Department of Labor and Industry a approval as a condition precedent to obtaining a certificate of occupancy. e 0 0. The applicant shall present evidence to the Zoning Officer of all other necessary approvals and permits from applicable federal, state and local regulatory agencies e as a condition precedent to obtaining a certificate of occupancy. e 0 P. The certificate of occupancy shall be conditioned upon the applicant presenting to the Zoning Officer, on or before January 3Istofeach year, evidence of continuing e validity of any license, certification or contract issued by the Commonwealth andlor e the County of Allegheny. e e Q. Any suspension or revocation of any required license or certification by or contract with any federal, state or county agency shall result in the automatic suspension or a revocation of the certificate of occupancy. Reinstatement of the certificate of e occupancy shall subject to submission of all valid certifications, licenses and a contracts, as well as certification by the Zoning Officer that there is continuing e compliance with all conditions attached to the approval of the conditional use. ~ .. e 1903.44 Conversion of Surplus School Space, as defined herein, subject to: a 6. In addition to the authorized uses in the Zoning District in which the property is a located, any surplus school space located in an "R"Residential Zoning District may be converted to one (1) or more of the following uses: e 0 I. Day Care Center, subject to $1 903.13 2. Personal Care Boarding Home, subject to 51903.17 e 3. Nursing Home, subject to $1903.18 a 4. Garden Apartments, subject to the requirements for multifamily dwellings in e the R-4 District e a B. In addition to the authorized uses in the Zoning District in which the property is located, any surplus school space located on property in a "C" Commercial Zoning e District may be converted to: m a 1. Garden Apartments, subject to the requirements for multifamily dwellings in 0 the R-4 District e e 153 a a a e a C. No existing school building located in an "R" Residential Zoning District shall be enlarged or expanded; however, alterations or improvements to the existing building to enclose stairwells or otherwise comply with requirements of the Uniform Construction Code (UCC) shall be permitted.
D-. If the school building is located in an "R" Residential Zoning District, no significant external structural changes shall be permitted, other than replacement of windows, doors and roofs to make the structure more energy efficient or to modify the architectural style to increase the residential appearance of the building.
E. If the school building is located in an "R" Residential Zoning District, all alterations or improvements to the existing building shall comply with the yard and other applicable area and bulk regulations of the Zoning District in which it is located.
F. If the school building is located in a "C" Commercial Zoning District, the expansion or enlargement of the school building shall be permitted, provided any addition or enlargement shall comply with the area and bulk regulations of the Zoning District in which it is located.
Maximum dwelling unit density for multifamily dwellings shall be twelve (12) units per acre.
H. Off-street parking shall be provided for the use as specified in $2102.3.
1. A Traffic Study, as defined by the Township Subdivision and Land Development Ordinance, shall be submitted with the conditional use application that addresses the following:
I. Proposed changes in parking and traffic circulation on the site and into and out of the site; 2. Proposed trip generation, parking and traffic circulation compared with those features of the school when it was operational; and 3. Comparative impact on the adjacent streets and surrounding neighborhood of the proposed use and the former school use.
J. All property lines on school sites located in an "R" Residential Zoning District that adjoin properties containing single family dwellings shall be screened by Buffer Area B, as defined in $2002.1 along the entire length of the property line necessary to block the view of the building and parking area from any adjacent dwelling.
K. Schools located in a "C" Commercial Zoning District shall comply with the applicable Buffer Area requirements specified in $2002.2 for commercial properties.
L. In the "R" Residential Zoning Districts, parking of commercial vehicles shall not be
154 a e e permitted, except temporarily for delivery of goods. e M. Any exterior lighting proposed for a building or parking area in an "R" Residential e Zoning District shall be of low intensity and shall be shielded so that the source of 0 the lighting is not visible. The maximum intensity measured on the ground or . e surface of the parking area shall be two (2) footcandles. Flood lighting or similar e lighting shall not be permitted. a N. Exterior lighting proposed on sites in a "C" Commercial Zoning District shall comply a with the provisions of $2001.7 and $2102.2. e 0. In the "R" Residential Zoning Districts, signs shall be permitted in accordance with the requirements of $2204.2. 0 a P. In the "C" Commercial Zoning Districts, signs shall be permitted in accordance with e the requirements of $2205. a 1903.45 Bed and Breakfast, subject to: e e A. The operator shall be a full-time resident of the dwelling in which the bed and e breakfast is located. e B. The lot shall have frontage on and direct vehicular access to an arterial or collector a street, as defined herein. e 0 C. The minimum lot area required shall be one (1) acre. e D. No meals, other than breakfast, shall be served on the premises. Food shall not be e served to any customers who are not overnight guests. e a E. Food may be prepared on the premises for consumption off the premises by overnight guests such as picnic or box lunches. e 0 F. The preparation of food shall be subject to all applicable requirements of the a Allegheny County Health Department. e e G. The maximum length of stay for any guest shall be fourteen (14) days in any e calendar year. e H. One (1) identification sign shall be permitted and such sign may either be attached a to the wall of the dwelling or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six (6) square feet, the height of the a freestanding sign shall not exceed four (4) feet and the freestanding sign is located e a 155 a e a 0 a at least five (5) feet from any property line.
1. The identification sign shall contain no information other than one (1) or more of the following items:
I. The street address 2. The name of the Bed and Breakfast 3. The name of the proprietor 4. A small logo or other decorative symbol
J. In addition to the parking required for the dwelling unit, one (1) parking space shall be provided for each sleeping room offered to overnight guests.
K. Off-street parking shall not be located in any minimum required front or side yard. Parking located in the rear yard shall be screened from adjoining residential properties by a compact six (6) foot high evergreen hedge.
1903.46 Sanitary Sewer Storage Equalization Tanks in C-4 or 1-1, subject to:
J- A. The requirements as defined in $1903.29 of this Chapter for a Public Utility Installation.
6. A sanitary sewer storage equalization tank shall be located at least one thousand (1,000) feet from any property line adjoining residential use or zoning classification and at least five hundred (500) feet from all other property lines.
C. The maximum capacity of all Sanitxy Sewer Storage Equalization Tanks at any site shall be three (3) million gallons.
156 ARTICLE XX
SUPPLEMENTARY REGULATIONS
SECTION 2000 GENERAL
The supplementary regulations in this Article supplement the requirements of Articles IV through XVII governing each Zoning District and shall apply to all uses in all Zoning Districts.
SECTION 2001 PERFORMANCE STANDARDS
The following standards shall apply to all permitted uses, conditional uses and uses by special exception in the BP, C-I, C-2, C-3, C-4, CR, 1-1 and 1-2 Districts. Conditional uses and uses by special exception in all Districts shall comply with the requirements of this Section when the express standards and criteria for the use specifically reference this Section. In order to determine whether a proposed use will conform to the requirements of this Chapter, the Board of Supervisors or the Zoning Hearing Board may require a qualified consultant whose credentials are acceptable to the Board of Supervisors or the Zoning Hearing Board to testify, whose cost for services shall be borne by the applicant.
2001 .I Fire Protection:
Fire prevention and fighting equipment which conforms to the requirements of the NFPA and BOCA Fire Prevention Code shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
2001.2 Electrical Disturbance:
No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
2001.3 Noise:
No operation or activity shall cause or create noise, as defined by this Chapter, in excess of the sound levels prescribed below. The noise shall be measured on an "A-weighted" scale of a sound pressure level meter which conforms to the standards prescribed by the American National Standards Institute (ANSI), New York, New York in Specifications for Sound Level Meters, SI.4-1971 or latest revised edition.
A. Residential Districts: At no point beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of fifty-five (55) dBA.
157 B. Business Park and Commercial Districts: At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of sixty (60) dBA.
C. Industrial Districts: At no point on or beyond the boundary of any lot within these districts shall the exterior noise level resulting from any use or activity located on such lot exceed a maximum of sixty-five (65) dBA.
D. Where two (2) or more zoning districts in which different noise levels are prescribed share a common boundary, the most restrictive noise level standards shall govern.
E. Any violation of the above Sub-paragraphs a, b or c shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalty provisions of this Chapter; however, other intermittent noises, except those exempted by Sub- paragraph f below, may be determined to be a nuisance by the Township Zoning Officer and shall be subject to penalties and enforcement remedies for a public nuisance. e F. The following uses or activities shall be exempted from the noise regulations: 0 I. Noises emanating from construction or maintenance activities between 7:OO A.M. and 7:OO P.M., Monday through Saturday; e 2. Noises caused by safety signals, .warning devices and other emergency- e related activities or uses;
3. Noises emanating from public or private recreational uses between 7:OO A.M. and 11:00 p.m.; a e 4. Noises emanating from the delivery of public services such as street a maintenance or snow removal. e 5. Those businesses which require the use of heavy machinery, construction e machinery, bulldozers, earth movers, dump trucks, mixers or any other machinery that is integral to the conduct of the business during its regular hours of operation. e
G. In addition to the above regulations, all uses and activities within the Township shall conform to all applicable County, State and Federal regulations. Whenever the regulations contained herein are at variance with any other lawfully adopted rules or requirements, the more restrictive shall govern.
158 2001.4 Vibrations:
Vibrations detectable without instruments on neighboring properly in any district shall be prohi bi ted .
2001.5 Odors:
No malodorous gas or matter shall be permitted which is discernable on any adjoining lot or property. There shall be no emission of any malodorous gas or matter which violates the regulations of the Allegheny County Health Department.
2001.6 Smoke, Ash, Dust, Fumes, Vapors and Gases:
There shall be no emission at any point for longer than five (5) minutes in any hour of visible gray or other color smoke with a shade darker than No. 3 on the Standard Ringlemann Chart issued by the U.S. Bureau of Mines; nor shall there be any emission at any point from any source which can cause damage to health, to animals or vegetation or other forms of property or which can cause excessive soiling at any point.
2001.7 Glare:
No direct or sky-reflected glare, whether from floodlights or from high temperature processes shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level. For purposes of interpreting this Sub-section, glare shall be defined as direct or indirect light from any source which exceeds one-half (%) foot candle on any adjoining property.
In all Zoning Districts, all lighting devices located within one hundred (100) feet of a property line adjoining residential use or zoning classification shall be designed with shields, reflectors or refractor panels which direct and cut off light at a cutoff angle which is less than 90 degrees. Cutoff angle is defined as the angle formed by a line drawn from the direction of the light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
2001.8 Erosion:
No erosion by wind, water or other source shall be permitted which will carry objectionable substances onto neighboring properties. All activities shall be subject to the Township Erosion and Sedimentation Control Regulations, Chapter 63 of the Code of the Township.
2001.9 Water Pollution:
Water pollution shall be subject to the standards established by the PA DEP.
159 2001 .I0 Determination of Compliance with Performance Standards:
During the review of an application for zoning approval, the applicant may be required to submit data and evidence documenting that the proposed activity, facility or use will comply with the provisions of this Section. In reviewing such documentation, the Township may seek the assistance of any public agency having jurisdiction or interest in the particular issues and the Township may seek advice from a qualified technical expert. All costs of the expert's review and report shall be paid by the applicant. A negative report by the technical expert and the applicant's refusal or inability to make alterations to ensure compliance with this Section shall be a basis for denying approval of the application.
2001.I 1 Continuing Enforcement:
The Zoning Officer shall investigate any purported violation of the performance standards and, subject to the approval of the Board of Supervisors, may employ qualified technical experts to assist in the determination of a violation. Costs of the services of such experts shall be paid by the owner or operator of the facility or use accused of the violation if the facility or use is found to be in violation. If the facility or use is found to be in compliance with the performance standards, said costs shall be borne by the Township.
If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with Section 2503.2 of this Chapter and a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this Chapter and shall result in the revocation of the Certificate of Use of Occupancy for the facility or use.
SECTION 2002 SCREENING AND LANDSCAPING
2002.1 Buffer Areas Described:
A. No structure or uses shall be permitted in the required Buffer Area, other than active or passive recreation facilities and stormwater management facilities, provided the structures or uses do not interfere with the required plantings in the Buffer Area and provided all plantings are located outside any stormwater management structure. Structures or uses not permitted within the required Buffer Area include, but are not limited to, buildings, accessory structures, parking spaces, access drives and lighting devices.
B. Openings for driveways shall be permitted to cross a required Buffer Area. Plantings in the Buffer Area shall be located so as to not obstruct vision for traffic entering and leaving the site and shall be subject to the clear sight triangle requirements of the Township Subdivision and Land Development Ordinance.
160 0
* C. In the event that existing vegetation and/or existing topography provides screening e which is adequate to meet the intent of the required Buffer Area to screen the buildings, activities and parking areas from adjoining residential properties, the Board of Supervisors, upon recommendation by the Planning Commission may determine that existing topography and/or vegetation constitutes all or part of the required Buffer Area. If such a determination is made and the size of the Buffer Area warrants it, the applicant may be required to record a conservation easement of the depth specified by the Board of Supervisors to guarantee that the existing topography and/or vegetation will not be disturbed or removed from the approved Buffer Area.
D. None of the plantings in the required Buffer Area shall encroach across any property line. All plantings shall be located a minimum of two and one-half (2 %) feet from the property line which constitutes the exterior boundary of the Buffer Area.
E. In the event that a public street right-of-way, dedicated and accepted by the Township or any dedicated right-of-way recorded in a plan of subdivision, whether or not accepted by the Township, separates the two (2) dissimilar uses specified, the Buffer Area shall not be required, provided the width of the right of way equals or exceeds the width of the required Buffer Area and one (1) row of low level plantings or a landscaped earthen mound is provided on the property to screen headlights from view as described in §2002.2-D, below.
F. Buffer Area "A" shall contain two (2) rows of plantings. Each row shall consist of a mixture of deciduous and evergreen trees which are a minimum of sixty percent (60%) evergreen spaced within the row ten (IO) feet apart, measured from the vertical centerlines of adjacent trees. The two (2) rows shall be staggered in the manner shown in AppendixA which shall result in adjacent trees on two (2) different rows being no more than five (5) feet apart, measured from the vertical centerline of the trees. The depth of Buffer Area "AI shall be a minimum of twenty (20) feet as measured from the property line.
G. Buffer Area "B" shall contain one (1) row of plantings consisting of a mixture of deciduous and evergreen trees which are a minimum of sixty percent (60%) evergreen spaced within the row ten (IO) feet apart, measured from the vertical centerline of the trees. The depth of Buffer Area "B" shall be a minimum of fifteen (15) feet as measured from the property line.
H. Buffer Area "C"shall be comprised of a continuous, compact evergreen hedge or line of evergreen trees that will grow together when mature which are a minimum of six (6) feet in height at the time of planting. The depth of Buffer Area "C"shall be a minimum of ten (10) feet as measured from the property line.
1. Where twenty (20) or more parking spaces face the required Buffer Area, in addition
161 to the required trees, the required plantings and/or earthen mounding specified in §2002.2-D, below, shall be provided.
2002.2 Buffer Areas Required:
The Buffer Areas defined in 52002.1 shall be required under the following circumstances:
A. Buffer Area "A shall be required:
1. Along all property lines where any development in a B-P, C-2, C-4, 1-1 or 1-2 District adjoins property in an "R", Residential, District.
2. Where the express standards and criteria for a conditional use or use by special exception in Section 1903 of this Chapter specify that Buffer Area "A1 is required.
3. Along all property lines where a Retirement Community Planned Residential Development or any other Planned Residential Developmentwhich contains townhouses or garden apartments adjoins property in an R-I, R-2 or R-3 District.
4. Along all property lines where development in an R-4 or R-5 District adjoins property in an R-1 , R-2 or R-3 District.
B. Buffer Area "B" shall be required:
I. Along all property lines where any development in a C-R and C-I District adjoins property in an "R", Residential, District.
2. Where the express standards and criteria for a conditional use or use by special exception in Section 1903 of this Chapter specify that Buffer Area "B" is required.
C. Buffer Area "C" shall be required:
1. Where the express standards and criteria for a conditional use or use by special exception in Section 1903 of this Chapter specify that Buffer Area "C" is required.
2. Along all property lines where any development in a C-3 District adjoins property in an "R", Residential, District.
3. In the event that the existing lot coverage by building and paving on a
162 developed lot is such that providing the required Buffer Area "C" is not physically feasible, the Board of Supervisors, upon recommendation of the Planning Commission, may authorize the use of a screening fence along the property line which is no less than 4 feet and no more than 6 feet in height in place of the required Buffer Area "C".The screening fence shall not contain any gate, opening or other interruption, whether permanent or temporary.
D. Where twenty (20) or more parking spaces face the Buffer Area, in addition to the required trees, a row of low level evergreen shrubs or hedges shall be planted, or earthen mounding shall be constructed in the Buffer Area which shall provide a year- round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars. These low level shrubs or hedges or mounds shall be installed so that a person facing a passenger car with the shrubs or hedges or mounds between himlher and the car could observe the car's low beam lights only as a result of the diffused or reflected light from the headlights and not because the direct beam from those lights was observable. The earthen mound shall be a minimum of three (3) feet in height at its center point with a minimum width at the base of ten (IO) feet. Low level shrubs or hedges shall be a minimum of three (3) feet at the time of planting.
2002.3 Conflict Between Buffer Area and Yard Requirements:
When the width of a required buffer area is in conflict with the minimum yard requirements of Articles IV through XVII, the greater distance shall apply. The Buffer Area planting requirement shall be adhered to regardless of what the yard requirement is.
2002.4 Existing Structures in Buffer Areas:
In instances where an existing structure is located within any required buffer area, the buffer area may be reduced, provided the buffer area is not less than the minimum distance between the existing structure and the property line. This reduced buffer area width shall apply only to the side of the structure which encroaches on the required buffer area. When required by Section 2002.1 , the full width of the buffer area shall apply on all other sides of the existing structure.
2002.5 Existing Trees in Buffer Areas:
Where trees already exist within the required buffer area, these trees shall remain undisturbed, except that diseased or dead material may be removed. Any existing tree within the required Buffer Area shall count as a required tree if it is a minimum of two (2) inches in diameter at a point one (1) foot above the ground.
163 2002.6 Size of Trees in Required Buffer Areas:
Any existing trees within the required buffer area which are a minimum of two (2) inches in diameter at a point one (1) foot above the ground shall be preserved and shall count as a required tree within the buffer area. At no point, however, shall any existing trees and required trees be separated at a distance greater than the distance specified in the required buffer area.
All trees required to be planted within the buffer area shall be a minimum of two (2) inches in diameter at a point one (1) foot above the ground measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.
2002.7 Responsibility for Maintenance:
It shall be the continuing responsibility of the landowner or lessee to assure the continued growth of all required landscaping and/or to replace the same in the event of frost, vandalism, disease or other reasons for the discontinued growth of the required trees, shrubs and bushes. Failure to replace such landscaping shall be a violation of this Chapter and shall be subject to the enforcement provisions of Section 2503 of this Chapter.
2002.8 Stormwater Management Facilities in Buffer Areas:
When required by the Township. Stormwater Management Regulations, Chapter 112 of the Code of the Township, stormwater management facilities and structures may be located within a Buffer Area; however, the existence of such facilities or structures shall not be a basis for a failure to meet the planting requirements in the Buffer Area.
2002.9 Landscaping of Open Areas:
All yard areas not utilized for parking facilities, driveways, gardens, the planting of trees or shrubs, flower, vegetable or herb beds or similar uses must shall be seeded, sodded or landscaped within a reasonable period of time. The phrase "a reasonable period of time" shall be interpreted to be within thirty (30) days after construction activities are completed, unless those activities are completed between a November 1 through April 1 time period.
In such case, the required sodding or seeding must occur within thirty (30) days of April 1.
2002.1 0 Landscaping Specifications:
Landscaping shall be provided in accordance with the following specifications:
A. Planting required in buffer areas as outlined in 52002.1 cannot be substituted for
164 any required planting mandated in this Section.
B. Where Buffer Areas are required and in land developments where additional landscaping is required, a landscaping plan, with detailed drawings, shall be submitted with the application for approval of the land development and this landscaping plan shall contain and show the following information:
1. All required buffer areas with proposed plantings (identifying each proposed tree, bush or shrub by type and size) drawn to scale and identifying the height and width of any proposed mounds.
2. All required planting independent of any buffer area requirements (identifying each tree, bush, shrub by type and size, the use of sod or seeding, etc.) drawn to scale.
3. Any planting in excess of the requirements in Sections 2002.1 and 2002.2 of this Chapter.
4. Any existing trees or vegetation which are to be preserved, accurately identifying type, size and their relative location.
5. Any existing trees or vegetation which will be removed, accurately identifying their type, size and relative location.
C. For nonresidential developments which have a building or buildings with a gross floor area of ten thousand (10,000) square feet or more and/or which have parking areas containing more than fifty (50) spaces, a Landscaping Plan shall be required which shows compiiance with this Section 2002, subject to approval by the Towns hip.
D. For residential land developments containing townhouses or garden apartments on lots which have a total area of one (1) acre or more, at least one (1) deciduous tree shall be planted for each ten (10) multi-family dwelling units or portion thereof.
E. All trees which are required to be planted as per the regulations of this Section shall be a minimum of two (2) inches in diameter at a point one (1) foot above the ground at the time of planting measured along the trunk of the planted tree which tree shall be planted in accordance with accepted conservation practices.
F. Whenever an open parking area abuts a public street, a planting strip, at least five (5) feet in depth, planted and maintained with shrubbery, trees or other landscape or decorative materials, shall be installed across the entire frontage of the property in order to prohibit vehicles access, except at approved ingress and egress points.
165 G. In all Zoning Districts, all areas not utilized for buildings, structures, screening, parking facilities, driveways or other paved areas shall be graded to conform to existing contours on adjacent properties and to contain stormwater runoff on the lot. These areas shall be seeded, sodded or landscaped within one (1) year following the completion of grading and/or construction activities. Continued maintenanceof soil erosion and sedimentation control techniques as approved by the Township Engineer shall be required until such planting can be accomplished.
2002.1 1 Posting of Bonds for Landscaping
A. An Amenities Bond, as required by the Township Subdivision and Land Development Ordinance, shall be required during development of the site to guarantee proper installation of the required landscaping materials as shown on the approved Landscaping Plan.
6. A Maintenance Bond in the form of cash, certified check or letter of credit shall be posted with the Township in the amount of fifteen percent (15%) of the total cost of landscaping shown on the approved landscaping plan for a period of two (2) years from the date of installation of the landscaping materials. The maintenance bond shall guarantee replacement of the required landscaping materials during the term of the bond.
SECTION 2003 SPECIAL YARD REQUIREMENTS
In addition to the yard requirements specified in each Zoning District, the following yard requirements shall apply in all Zoning Districts to the applicable circumstances described below:
2003.1 Corner Lots and Through Lots:
Corner lots shall provide front yards on each street frontage. The remaining two (2) yards shall constitute side yards.
Through lots shall provide one (1) front yard along the street frontage on which the principal structure faces, which is identified by the street address. The yard along the street frontage which is opposite the front yard shall be the rear yard. The remaining yards shall be side yards.
2003.2 Nonconforming Lots of Record: See Section 2303.
166 2003.3 Accessory Uses and Structures:
In all Zoning Districts the following regulations shall apply to accessory uses and structures:
A. Private Swimming Pools Accessory to a Dwelling:
Swimming pools accessory to a dwelling and all structures appurtenant thereto, shall be located at least ten (10) feet from any property line. Swimming pools shall not be permitted in the front yard. All swimming pools and the equipment necessary for maintaining the pool shall be completely enclosed by a fence which is six (6) feet in height and which has a self-closing, self-latching gate. The dwelling may constitute a part of the required enclosure.
For an above-ground swimming pool, the top of which is at least four (4) feet above the adjacent ground level on the entire perimeter and which has removable or retractable steps, the pool shall not be required to be fenced, provided the steps are removed or retracted when the pool is not in use. All other above-ground swimming pools shall be fenced in accordance with the requirements of this Sub-paragraph A.
No pumps, filters or other swimming pool equipment or facilities, other than fences, equipment which is entirely underground and hidden from view, and equipment which is not permanently or indefinitely installed shall be located within the side and rear yard requirements of the Zoning District in which the lot is situate. -. . B. Private Tennis Courts or Other Paved Playing Surfaces Accessory to a Dwelling:
Tennis courts or other paved playing surfaces accessory to a dwelling shall be located only in a side or rear yard and shall be no closer to the side or rear property line than twenty (20) feet. If lighting is proposed, the lighting shall be shielded so that it does not reflect on any adjoining property. All tennis courts shall be enclosed by a fence which is a minimum of ten (10) feet in height and a maximum of twelve (12) feet in height and which shall contain openings equal to fifty percent (50%) or more of the surface area of the fence.
The proposed paving shall be subject to review by the Township Engineer to determine the need for stormwater management and to ensure that drainage onto adjoining properties will not result.
167 C. Fences:
In "R" Residential Zoning Districts, fences no greater than six (6) feet in height, following the natural contour grade, shall be permitted in any side or rear yard. No fence shall be permitted in the area between the edge of the cartway and the minimum required front building line in the applicable Zoning District.
No fence in any Residential District shall have any sharp points or edges protruding from it.
In the 6-P, Business Park, District, and in all C, Commercial Districts, the maximum height of a fence shall be eight (8)feet, following the natural contour grade. Fences shall be located in side or rear yards only. In Business Park and Commercial Districts, fences shall be at least fifty percent (50%) open, unless they are screening fences required by this Chapter.
In I, Industrial Districts, the maximum height of a fence shall be ten (IO) feet, following the natural contour grade. Fences shall be at least fifty percent (50%) open, unless they are screening fences required by this Chapter.
D. Satellite Dish Antennas:
Only one (1) satellite dish antenna shall be permitted on a residential lot. In all "R" Zoning Districts, satellite dish antennas which exceed eighteen inches (18") in diameter shall not be permitted in any front or side yard. On any lot containing a single family dwelling or two family dwelling, the maximum diameter of any freestanding satellite dish antenna installed on any lot shall be twenty (20) feet and the maximum height of any such antenna shall be thirteen (13) feet. No part of any freestanding satellite dish antenna shall be located closer than ten (10) feet to any property line.
The maximum diameter of any satellite dish antenna installed on the roof of any single family or two-family dwelling shall be eight (8)feet. Any satellite dish antenna located on the roof of any garden apartment, mid-rise apartment or high-rise apartment located in any Zoning District or on any building located in any B-PI Business Park or C, Commercial District shall have a maximum diameter of twelve (12) feet and a maximum height of fifteen (15) feet above the roof line when positioned vertically. The maximum diameter of a satellite dish antenna located on the roof of any building in any I, Industrial, District shall be twenty (20) feet and the maximum height above the roof line when positioned vertically shall be twenty-five (25) feet. The height above the roof line shall be measured from the highest point of the roof for flat roofs, the deck line for mansard roofs and the mean height between eaves and ridge for gable, hip or gambrel roofs.
168 E. Radio or Television Antennas:
Any radio or television antenna which is licensed by the Federal Communications Commission (FCC) shall be permitted as an accessory use in any District, subject to the following requirements:
1. A radio or television antenna structure may be mounted on a roof or installed in a rear yard area only, provided that such structure shall be located no closer than ten (IO) feet to any property line and shall be located a minimum of fifty (50) feet from any principal building on adjacent properties.
2. The maximum height for any such freestanding structure shall not exceed fifty (50) feet. Any such roof mounted structure shall not exceed fifteen (15) feet above the roof line as measured from the highest point on the roof for flat roofs, the deck line for mansard roofs or the mean height between eaves and ridge for gable, hip or gambrel roofs. If placed on a roof, any antenna exceeding eight (8) feet shall be mounted with guide wires.
3. Any such structure shall comply with applicable Airport Zoning and Federal Communications Commission (FCC) regulations.
F. Air Conditioning Condensers, Heat Exchangers and Heat Pumps:
In "R" Residential Districts, air conditioning condensers, heat exchangers and heat pumps may be located on the side or rear of the dwelling, provided the minimum required rear yard and minimum side yard for the Zoning District in which the dwelling is located are maintained. The air conditioning condenser, heat exchanger ' or heat pump shall not be located in the minimum rear yard or side yard. Nothing in this Section shall be deemed to apply to the use or location of window air conditioners designed to air condition a single room of a dwelling.
All air conditioning units installed in compliance with these requirements prior to November, 1992 are hereby deemed to be legal conforming structures.
G. Canopies, other than Canopy Signs, and Similar Structures:
Canopies other than Canopy Signs, and similar permanent free-standing roofed structures without walls shall be permitted to cover outdoor seasonal display and sales areas or fuel dispensing areas accessory to authorized uses in the C, Commercial, and I, Industrial, Districts, provided that:
1. Such structure shall not be attached to the principal building;
169 2. Such structure shall be located at least ten (IO) feet from any property line or street right-of-way;
3. Such structure shall not be enclosed; and
4. Such structure shall be removed immediately, once the principal use or the use of the accessory structure is discontinued.
H. Garages and Carports:
Garages and carports accessory to a single family dwelling or two-family dwelling shall be located in the side or rear yard, provided that a garage or enclosed carport or partially enclosed carport shall not be located closer than ten (10) feet to the rear or side property lines. A detached garage may be connected to the principal building by contiguous walls, breezeways or similar connections.
1. All Other Accessory Structures:
All other accessory structures including, but not limited to, storage sheds, decks, patios and porches, shall not be permitted in the required front yard or required side yards, except as may be permitted by Section 2004, and shall be located at least ten (10) feet from the rear lot line in the R-I and R-2 Districts and in the R-3 and R- 4 Districts shall be located at least five (5) feet from the rear lot line. Any detached accessory structure shall be located at least ten (10) feet from any principal building.
J. Composting:
Composting shall be permitted as an accessory use on a residential lot related to cultivation of plants as an avocation only when for the personal and noncommercial use of the resident of the lot, provided the cornposting area is located in such a manner as to not create a nuisance to adjoining property owners because of odor or water runoff and shall be protected so as to limit accessibility to rodents or other anima Is.
K. Construction in Easements or Rights-of-Way:
No fence or other accessory structure shall be constructed in any utility easement or easement for access. A fence or other structure shall not be constructed in any right-of-way without the permission of the owner of the right-of-way.
2003.4 Visibility at Intersections: 0 'e No object, including without limitation, fences, hedges, trees and other plantings, buildings, e a 170 0 a e a structures, walls, signs and motor vehicles, exceeding a height of three (3) feet as measured from the lowest elevation of the centerline of any abutting street, shall be temporarily or permanently placed, erected, installed or parked within the clear sight triangle required on a corner lot. The required clear sight triangle on a corner lot shall be determined as follows:
A. The center lines of the streets abutting the corner lot shall form the legs of the clear sight triangle. Each of the legs shall extend a distance of seventy-five (75) feet from the point of intersection of the street center lines. The hypotenuse of the clear sight triangle shall be formed by drawing a straight line connecting the two (2) points on the street center lines which are located seventy-five (75) feet from the point of intersection of the street center lines (See Illustration in Appendix B.)
SECTION 2004 PERMITTED PROJECTIONS INTO REQUIRED YARDS
The following shall be permitted to project into any required yard in any Zoning District as follows:
A. Typical architectural features, including, but not limited to, bay windows, window sills, chimneys, cornices and eaves, shall be permitted to project into required yards *0 no more than eighteen (18) inches. B. Decks and their stairs and unenclosed porches without enclosed habitable foundation and without a roof shall be permitted to project into the required front yard a by no more than four (4) feet and shall be permitted to project into the rear yard, provided they are no closer to the rear property line than ten (IO) feet in the R-1 and e R-2 Districts and no closer to the rear property line than five (5) feet in the R-3 and e R-4 Districts. C. Steps and stoops attached to the principal building and open fire escapes shall be a permitted to project into required front and rear yards no more than four (4) feet. a (I, SECTION 2005 HEIGHT EXCEPTIONS The height limitations of this Chapter shall not apply to the following structures: Church spires, belfries, chimneys, domes, commercial radio and television towers, elevator bulk heads and other mechanical equipment which is part of the principal structure, conveyors, flagpoles, silos, standpipes, elevated water tanks, derricks, public utility structures, and other structures not intended for human habitation which do not exceed the height limitations of the Zoning District by more than twenty (20) feet.
171 SECTION 2006 DRIVE-IN FACILITIES
All businesses which propose drive-in facilities as accessory uses or principal uses shall meet the following requirements:
A. The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Chapter.
B. In addition to the parking spaces required for the principal use, a minimum of five (5) standing spaces, in tandem, with a total length of one hundred (100) feet, in direct line with each window or stall shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the property. The standing spaces shall be designed so that waiting vehicles shall not stand in any right of way or any aisle serving parking spaces or overflow onto adjacent properties, streets, or berms.
C. Entrances, exits and standing spaces shall be adequately indicated with pavement markings andlor directional signs.
D. Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the property.
SECTION 2007 TEMPORARY CONSTRUCTION TRAILERS OR SHED, MODEL HOMES OR SALES OFFICES
Temporary construction trailers, model homes or sales offices shall be permitted in any Zoning District subject to the following conditions:
2007.1 Temporary construction trailers shall be permitted only during the period that the construction work is in progress. Model homes or sales offices shall be permitted only until the last lot or dwelling unit in the final phase of the development is sold.
A permit for the temporary construction trailer shall be obtained from the Zoning Officer prior to the commencement of construction and shall be renewed every six (6) months; renewal shall only be effective during the period that a valid Development Agreement, Grading Permit or Building Permit is in effect.
2007.2 Temporary construction trailers shall be located on the lot on which the construction is progressing and shall not be located within twenty-five (25) feet of any property line adjoining residential use.
2007.3 Temporary construction trailers shall be used only as temporary field offices and for storage of incidental equipment and supplies and shall not be used
172 for any dwelling use, whatsoever
2007.4 No combustible materials shall be stored in temporary construction trailers.
2007.5 Model homes shall be located on a separate lot and shall meet all the requirements for permanent dwellings in the Zoning District in which they are located. Sales offices may be located in a model home or may be located in a trailer located on a vacant lot in the plan or on the site of construction. If the sales office is located in a trailer, the trailer shall not be located within twenty-five (25) feet of any property line adjoining residential use.
2007.6 Model homes or sales offices located in a trailer shall not be utilized for any dwelling use, whatsoever, during the time they are approved as a temporary use or structure in accordance with the provisions of this Section.
2007.7 Model homes or sales offices shall be used primarily for sales associated with the development in which they are located and shall not be used as the only place of business for the listing realtor.
SECTION 2008 BASEMENT STRUCTURES
Occupancy of a basement or foundation structure prior to the completion of the total structure shall not be permitted. This provision shall not be interpreted to prohibit the construction of an earth sheltered dwelling.
SECTION 2009 STORAGE
2009.1 Outdoer Storage in Commercial Districts:
Except for nurseries, garden supply, building supply and similar businesses which customarily require outside storage of materials, storage and display of materials outside a completely enclosed structure shall not be permitted. In the case of nurseries, garden supply, building supply and similar businesses, outside display and storage areas shall be completely enclosed by a security fence and shall be screened by an opaque fence or hedge which is at least six (6) feet in height. All other commercial activities shall take place within a completely enclosed building.
Temporary display and sales on the site of an existing commercial business shall be subject to the requirements of s1903.36 of this Chapter.
All organic rubbish and discarded materials shall be contained in tight, vermin-proof containers which shall be fully enclosed on four (4) sides and shall be screened from public view by an opaque fence or hedge which is at least six (6) feet in height.
173 2009.2 Storage of Commercial and Construction Equipment:
Commercial and construction equipment orvehicles, including without limitation, trucks with a Gross Vehicle Weight (GVW) of 11,000 pounds or greater, tractors of 40 horsepower or larger, tandems, tractor-trailers, cargo-moving equipment and construction equipment or vehicles, shall not be stored or parked temporarily or permanently in any Residential Zoning District, except within a completely enclosed building.
SECTION 2010 AMERICANS WITH DISABILITIES (ADA) REQUIREMENTS:
When required , all new construction, additions or enlargements of existing structures or facilities shall comply with the most recent regulations for accessibility as specified in the Americans With Disabilities (ADA) Act.
SECTION 201 I HOME OCCUPATIONS:
Home Occupations shall meet all of the following standards:
201 1.I The applicant for a Home Occupation shall submit an application for a Certificate of Use and Occupancy to the Zoning Officer together with the fees established by the Board of Supervisors for such Certificate.
201 1.2 It shall be unlawful to use or occupy or to permit the use or occupancy of any dwelling presently existing or hereafter created for any Home Occupation until a Certificate of Use and Occupancy shall have been issued by the Zoning Officer in accordance with §2501.3-C of this Chapter.
201 1.3 There shali be no exterior evidence of the use other than one (I)small nameplate indicating the resident's name and occupation only, which shall either be attached to the wall of the residence or attached to the resident's mailbox or lamppost on the lot. If the nameplate is attached to the wall of the residence, it shall be no larger than two (2) square feet. If the nameplate is attached to the mailbox or lamppost, it shall be no larger than one (1) square foot.
201 1.4 A maximum of one (1) person who is not a resident of the dwelling may be employed at the site of the Home Occupation. Additional non-resident persons may be employed by or participate in the Home Occupation, provided they only work or participate in the Home Occupation off the dwe1 Iing premises.
201 1.5 No more than three hundred (300) square feet within the dwelling shall be
174 e a a devoted to the conduct of a Home Occupation. 0 e 2011.6 A Home Occupation shall not be permitted to be conducted in any accessory e structure. 0 a 2011.7 [Reserved for further use.] CI 2011.8 The use shall not create any additional environmental impact than those c impacts normally resulting from residential use in the neighborhood in which e the dwelling is located. * 201 1.9 The use shall not create greater vehicular or pedestrian traffic than that which e is normal for the residences in the neighborhood. e 2011.10 The use shall comply with the Performance Standards specified in Section e 2001 of this Chapter. a 0 2011.11 The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating a of the structure. e 201 1.I 2 There shall be no use of materials or equipment except that of similar power 0 and type normally used in a residential dwelling for domestic or household a purposes. * 201 1.43 No goods or inventory used in the Home Occupation shall be stored outside 0 the dwelling nor in a detached private garage or any other accessory .' structure on the lot. e 2011.14 The conduct of any Home Occupation, including but not limited to the storage a of goods or equipment, shall not reduce or render unusable areas required e for enclosed parking for the dwelling unit. 201 1.I 5 The Home Occupation shall not involve the use of vehicles in excess of a 11,OOO# GWV for delivery of materials to or from the premises. Any vehicle e used in the Home Occupation shall not exceed 11,OOO# GVW and shall not a be parked outside an enclosed building if the vehicle bears commercial e advertising. a 2011.16 No stock in trade shall be displayed or sold on the premises. Articles a produced by the residents of the dwelling and items commonly collected or traded by hobbyists shall be permitted to be stored on the premises for a delivery off the premises. Areas used for storage shall be included in the c e 175 a e .i* maximum floor area devoted to the conduct of a Home Occupation specified by §2011.5, above.
201 1.I7 The Home Occupation shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the dwelling is being used for business purposes other than a telephone listing and a small classified ad listing only the telephone number.
201 1.I8 The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:
a. Any use which involves storage on the premises of ammunition, black powder or any other potentially explosive materials. b. Animal hospitals, veterinary offices or clinics; C. Auto, boat or lawn mower repair shops; d. Beauty shops and barber shops; e. Clinics, hospitals, nursing homes; f. Dentist or Physician's offices g. Kenne Is; h. Mortuaries; i. Private clubs; i- Private tutoring or instruction to no more than two (2) students at the same time: k. Restaurants or tea rooms: 1. Stables; m. Tourist or boarding home or bed and breakfast; n. Vehicle or equipment rental, sales or service.
2011.19 The Township Zoning Officer shall have the right to inspect the premises of a Home Occupation at any reasonable time to determine continuing compliance with these criteria.
201 I.20 In January of each year, the operator of the Home Occupation shall register with the Township Zoning Officer shall pay the annual registration fee and may be subject to an inspection to determine continuing compliance with these criteria.
176 SECTION 2012 FRONTAGE ON PUBLIC STREET
Except for any Lot of Record existing prior to the effective date of this Ordinance, any Dwelling in an R-I, R-2 and R-3 Zoning District shall have a Front Lot Line on a Public Street which has been dedicated and open for public use which has been adopted by the Township, County, Commonwealth or other governmental body.
SECTION 2013 NO-IMPACT HOME-BASED BUSINESS
No-impact home-based business shall meet all of the following standards:
2013.1 The business activity shall be compatible with the residential use of the property and surrounding residential uses.
2013.2 The business shall employ no employees other than family members residing in the dwelling.
2013.3 There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
2013.4 There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
2013.5 The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
2013.6 The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
2013.7 The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
2013.8 The business may not involve any illegal activity.
2013.9 In January of each year, the operator of a no-impact home-based business shall register with the Township Zoning Officer, shall pay the annual registration fee and may be subject to an inspection to determine continuing compliance with these criteria.
177 ARTICLE XXI
OFF-STREET PARKING AND LOADING
SECTION 2100 OFF-STREET PARKING
Off-street parking spaces shall be provided in accordance with the specifications in this Article in any District whenever any new use is established or any existing use is enlarged.
SECTION 2101 OFF-STREET PARKING DESIGN
Parking areas in all Zoning Districts shall comply with the following standards.
2101.I Design:
Parking areas shall be designed in accordance with the following:
Parkins Spaces Aisle Width
90° Alignment 24 Feet 60° Alignment 18 Feet 45O Alignment 12 Feet
2101.2 Size:
Each off-street parking space shall have an area of not less than one hundred eighty (180) square feet, exclusive of access drives or aisles, shall have minimum dimensions of nine (9) feet in width and twenty (20) feet in length and shall be maintained free from obstruction. Parking areas shall be designed to provide sufficient turnaround area.
2101.3 Access:
Access to parking areas shall be provided in accordance with the following requirements:
A. Where an existing lot does not adjoin a public or private street, alley, or easement of access, an access drive shall be provided leading to the parking areas.. No curb cut or driveway access shall exceed thirty (30) feet in width.
B. Access to off-street parking areas shall be limited to well defined locations, and in no case shall there be unrestricted access along the length of a street. In any District, other than a Residential District, the street frontage shall be curbed to restrict access to the lot, except where access drives are proposed.
C. Off-street parking areas shall be designed so that backing onto a public street right-
178 of-way from any parking space is not permitted.
D. The number of access drives from a single lot or development to any public street shall not exceed two (2) for every four hundred (400) feet of street frontage.
E. Where a site has frontage on more than one (I)street, access shall be provided from the street with the lower traffic volume, if physically practical.
F. Access drives entering State highways are subject to a Highway Occupancy Permit issued by the Pennsylvania Department of Transportation (Penn DOT). Access drives entering County roads and Township streets shall be graded to conform to existing topography and shall be designed so that drainage will not adversely impact the street or adjoining properties.
G. Each parking space shall have access directly to a driveway. Interior circulation of traffic shall be designed so that no driveway providing access to parking spaces shall be used as a through street. Interior traffic circulation shall be designed to ensure safety and access by emergency vehicles.
2101.4 Safety Requirements:
The Board of Supervisors upon recommendation of the Planning Cornmission and Township Engineer, shall consider whether safety requirements are warranted to reduce traffic hazards which endanger public safety. The developer shall be responsible for construction of any required islands, acceleration, deceleration or turning lanes and shall bear the cost of installing any required traffic control devices, signs or pavement markings within and adjoining the boundaries of the development site.
2101.5 Marking:
In parking areas which contain five (5) or more spaces, all parking spaces shall be clearly delineated by painted lines or markers. Parking spaces shall be provided with bumper guards or wheel stops, where necessary, for safety or protection to adjacent structures, walkways, roadways, or landscaped areas. All vehicular entrances and exits to parking areas shall be clearly marked for all conditions. Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings. Handicapped parking shall be appropriately marked.
2101.6 Parking Areas Serving Residential Dwellings:
Parking requirements for single family, two family and townhouse dwellings shall be met by providing the required spaces in an enclosed garage or in a paved private driveway or a paved parking pad on the lot. Parking shall not be permitted beyond the front building line,
179 a a a m other than in a paved driveway or on a paved parking pad. Storage of commercial vehicles e shall be subject to 52009.2. a Parking for garden apartments shall be provided in a paved, striped and curbed off-street a parking area. a Paving shall be provided in accordance with the requirements of 52101 .I1. Driveways 0 serving single family, two family and townhouse dwellings may be paved to the property a line. a a 21 01.7 Parking Areas Serving Uses Other Than Residential Dwellings: a Parking requirements for all uses other than residential dwellings shall be met by providing a a paved, striped and curbed off-street parking area. Paving shall be provided in a accordance with the requirements of 32101.I 1. a 2101.8 Driveways Serving Non-Residential Uses: a a Single lane driveways which provide access to lots and parking areas shall be a minimum a of twelve (12) feet wide and a maximum of fifteen (15) feet wide; two lane driveways shall a be a minimum of twenty (20) feet wide and a maximum of twenty-four (24) feet wide. a If parking spaces are aligned at less than 90°, driveways shall be restricted to one-way 0 traffic and head-in parking only. e There shall be at least fifteen (15) feet between driveways at the street line and at least five a (5) feet between a driveway and a fire hydrant, catch basin or property line. There shall be a at least thirty (30) feet bebeen a driveway and the right-of-way line of an intersecting a street. a Adequate sight distance shall be provided, subject to review and approval by the Township 0 Engineer. Driveways shall not exceed a slope of ten percent (10%) within twelve (12) feet a of the street right-of-way line. a a 2101.9 Location of Parking Areas: a Required parking spaces shall be located on the same lot with the principal use, unless a approved by the Board of Supervisors upon recommendation of the Planning Commission, a provided the off-site parking area meets the following standards: a A. The off-site parking area is within three hundred (300) feet of the lot on which the a principal use it is intended to serve is located. a a a 180 a a a a e e e a B. The parking area is reserved for use by patrons and employees of the principal use e it is intended to serve. e C. The parking area is approved as a use by special exception subject to meeting the e requirements of s1903.28 of this Chapter. e No parking area containing more than five (5) parking spaces shall be located closer than e ten (10) feet to any adjoining property line. Parking shall not be permitted in the required e front yard in any "R" Residential District. Parking shall be permitted in the required front e yard in any B-PI "C" or "I" District provided the parking shall be located at least five (5) feet e from the public street right-of-way line. e 2101.10 Screening and Landscaping: e e In addition to any Buffer Area which may be required by 52002.2 of this Chapter, parking e areas containing more than twenty (20) parking spaces shall provide earthen mounding and a low level screen, as defined by s2002.2-D of this Chapter, along any property line which e adjoins any dwelling in an R-1 , R-2 or R-3 District. e e In addition, a planting strip at least five (5) feet wide shall be provided between the edge of the right-of-way and any parking area authorized in any yard which fronts on a street. e Planting strips between the right-of-way and the parking area shall be suitably landscaped e and maintained in grass, ground cover or other landscaping material not in excess of three e (3) feet in height which shall not obstruct visibility for traffic entering or leaving the lot or e traveling on the public street. e 2101.11 S urfaci ng : e e All parking areas and access drives shall be paved in accordance with the design e requirements of the Subdivision and Land Development Ordinance, Chapter 118 of the 0 Code of the Township. e 2101.12 Lighting: e Any lighting used to illuminate off-street parking areas shall be designed to reflect the light e away from the adjoining premises of any Residential Zoning District or residential use and e away from any streets or highways. Lighting units shall be located not more than eighty e (80) feet apart. e a 2101 .I 3 Stormwater Management: e All paved parking areas shall be designed so that stormwater runoff shall not adversely e e 181 e e e e e e e e affect adjacent properties. The method of stormwater management and the design of the e proposed facilities shall be subject to the requirements of Chapter 112 of the Code of the a Township, South Park Township Stormwater Management Regulations and to review and e recommendation by the Township Engineer. e e 2101.14 Use: a Parking areas shall be used for vehicle parking only. No sales, dead storage, repair work, e dismantling or servicing of any kind shall be permitted. e e SECTION 2102 OFF-STREET PARKING REQUIREMENTS e Any new use or change of use in any Zoning District shall comply with the following 0 minimum requirements for the provision of off-street parking spaces. e 2102.1 When the calculation of required parking spaces results in a requirement of e a fractional parking space, any fraction shall be counted as one (1) parking e space. e @ 2102.2 Where more than one (1) use exists on a lot, parking requirements for each e use shall be provided. e 21 02.3 The following table of parking requirements specifies the number of spaces 0 required for various categories of uses in any Zoning District: e USE PARKING SPACES REQUIRED e - e Adult Businesses One (1) space for each 30 square feet of net floor area plus one (1) space e for each employee, including e performers. 0 e Banks and Financial One (1) space per 300 sq. ft. of net Institutions floor area plus one (1) space per e employee on peak shift plus five e (5) off-street waiting spaces per e drive-in window. e a Bowling Alleys Five (5) spaces for each alley. e e e e e 182 e e e e a e -USE PARKING SPACES REQUIRED e Churches One (1) space per four (4) seats or 80 e lineal inches of pew, or if there are no pews or seats, one (I)per a 15 sq. ft. of floor area used for 0 assembly. a Clinics One (1) space for each staff plus three e (3) spaces for each examining or a treatment room or other patient service position. a
Day Care Center One (1) space for each teacher and/or Nursery School employee on largest shift plus one Preschool Facility (1) space per each six (6) students.
Fast Food One (1) space per 50 sq. ft. of net Establishments floor area plus one (1) space per employee on peak shift.
Funeral Homes Twenty-five (25) spaces for the first parlor plus ten (I0) spaces for each additional parlor.
Garden Apartments and One space per dwelling unit e Town houses 0.5 spaces per dwelling unit for e visitors located within 300 feet a of the units they are intended to a serve. a
.., Golf Courses Four (4) spaces for each hole plus one (1) space for each employee 0 Group Care Facility, One (1) space for each employee on a Personal Care Boarding peak shift plus one (1) space for each a Home or Transitional resident authorized to drive plus- a Dwe I1 in g one (1) space for each six (6) beds. 0 Hospitals and One (1) space per three (3) beds and a Nursing Homes one (1) space for each employee on the a peak working shift. e a a 183 a a a a a -USE PARKING SPACES REQUIRED
Hotel/Motel One (I) space per employee on peak shift plus one (1) space per sleeping unit.
Indoor Places of One (I) space for each seventy-five Assemb Iy (75) square feet of net floor area.
Juvenile Incarceration One (1) space for each employee working FaciI ity On peak shift plus one (1) space for each five (5) residents to accommodate visitors, counselors, tutors or other personnel who visit the site, but do not work on the site on a daily basis.
Lib raries/Museums One (I)space for each 250 sq. ft. of gross floor area.
Eating and Drinking One (1) space for each 75 sq. ft. of Establishments, other than net floor area plus one (1) space for Fast Food, Including each employee on peak working shift. Catering Halls
Professional & Business One (1) space for ev,ery three hundred Offices, Business (300) square feet of net floor area. Services
Public Utility Buildings One (1) space per employee on peak shift plus one (I) space for each service vehicle stored on lot.
Retail businesses, One (1) space for each two hundred Personal Service fifty (250) square feet of net Establishments floor area.
Schools, Elementary One (1) space for each employee or and Junior High faculty member or one (1) space for each four (4) seats in an auditorium or gymnasium, whichever is greater.
Schools, Secondary One (1) space for each employee or faculty member plus one (1) for each IOstudents.
184 e e e -USE PARKING SPACES REQUIRED
Schools, Post Secondary One (1) space for each employee or e faculty member plus one (1) space a for each 3 students.
Service Stations/ Four (4) spaces for each bay plus one a Vehicle Repair Garages (1) space for each employee on peak 0 shift plus one (1) space for each e business vehicle. a Single Family Dwelling Two (2) spaces per a dwelling unit. e Swimming Pools, One (1) space for each 50 sq. ft. of e Public or Commercial surface water area. a Tennis, Racquetball One (1) space per employee plus e and Handball Courts four (4) spaces for each court. a Theater, Auditorium, One (1) space per four (4) seats. or Gymnasium e e Two Family Dwellings Three (3) spaces per dwelling unit. ,. ._
All Other Uses One (1) space for each three (3) e occupants at maximum e permitted occupancy or one a (1) space for each 300 sq. ft. of gross e floor area whichever is greater. a 2102.4 Accessible parking spaces for the disabled shall be provided in accordance a with the latest requirements of the Americans with Disabilities Act (ADA). e SECTION 2103 OFF-STREET LOADING e @ In all Zoning Districts, whenever a new use is established or an existing use is structurally e altered, converted or enlarged, off-street loading spaces shall be provided in accordance a with the requirements of this Section. e 2103.1 Off-street Loading Design a m A. Size: Each loading berth shall be at least sixty-five (65) feet in length and twelve e (12) feet in width with an overhead clearance of fourteen (14) feet. The area used e a 185 e e a a for loading berths shall not be used to satisfy parking area requirements and shall not block any driveway used for circulation through the site.
B. Access: Loading berths shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto public streets and the design shall be subject to review and approval by the Township Engineer. Loading berths shall have direct access to a driveway and shall be maintained free from obstruction.
C. Location: All loading berths shall be located on the same lot with the principal use they are intended to serve. No loading berth shall be located in a required front yard. Loading berths shall be located at least thirty (30) feet from the nearest point of intersection of any two (2) streets.
D. Screening: Loading berths shall be screened by a six (6) foot hedge, wall or opaque fence on all sides which face residential use or zoning district classification, unless a buffer area is required by 92002.2.
E. Surfacing: All loading berths shall have a paved surface in accordance with the design requirements of the Subdivision and Land Development Ordinance, Chapter 112, of the Code of the Township and shall be graded with positive drainage to dispose of surface water.
F. Lighting: Any lighting used to illuminate loading berths shall be designed to reflect from any adjoining residential use or zoning classification and away from any street or highway. 2103.2 Off-street Loading Requirements: In all Zoning Districts, every use which requires the receipt or distribution, by vehicle, of material or merchandise, shall provide off-street loading berths in accordance with the following requirements:
Uses: Department stores, freight terminals, industrial or manufacturing establishments, retail or wholesale stores, personal or business service establishments, storage warehouses or any similar uses which receive deliveries:
GROSS FLOORAREA NUMBEROF BERTHS REQUIRED Under 20,000 sq. ft. None 20,000 to 39,999 sq. ft. 1 berth . 40,000to 65,000 sq. ft. 2 berths For each additional 40,000 sq. ft. 1 berth
Uses: Auditoriums, convention or exhibit halls, sports arenas, hotels, ofice buildings, restaurants, nursing homes, hospitals, schools, apartment buildings, public buildings and similar uses which receive deliveries:
GROSS FLOORAREA NUMBEROF BERTHS REQUlREQ Under 40,000 sq. ft. None
186 40,000 to 59,999 sq. ft. 1 berth 60,000 to 99,999 sq. ft. 2 berths 100,000 to 160,000 sq. ft. 3 berths Over 160,000 sq. ft. 4 berths
2103.3 In addition to required off-street parking and loading facilities, adequate storage areas for vehicles awaiting loading and unloading shall be provided. Under no circumstances shall vehicles be stored on or block access to a public right-of-way.
187 e a e e ARTICLE XXll a SIGNS 0 e SECTION 2200 SIGNS e a The regulations contained in this Article shall apply to all signs in all Zoning Districts. e SECTION 2201 TYPES AND CLASSES a e Signs in all Zoning Districts shall be categorized according to the types and classes 0 described below and shall comply with the requirements for those types and classes e described in this Section. 0 2201.I Classes: a a Signs are classified by physical attributes into the following categories: e A. Freestandins A sign supported on a foundation or by one (1) or more uprights, e poles or braces permanently affixed to the ground and not attached to any building e or other structure, including: 0 1. Pole Sinn: A freestanding sign which is supported by one (1) or more poles, e uprights or braces and which has a minimum clearance between the bottom 0 edge of the sign and the adjacent ground level, as specified by this Chapter. e 2. Ground Sign: A freestanding sign which is affixed to the ground by means e of a permanent foundation and which provides a maximum clearance of e eighteen inches (18") between the bottom edge of the sign and the adjacent e ground level. 3. Monument Sinn: A freestanding sign supported on two (2) posts, pylons or e uprights located at the entrance to a site where two (2) or more businesses are located which contains the names of two (2) or more of those businesses and, if located on the site of a shopping center, business park or industrial e park, may also include the name of the shopping center, business park or e industrial park. e e B. Wall: A sign attached to and erected parallel to the face of an outside wall of a a building, projecting outward no more than ten (IO) inches from the wall of the e building. e C. Arcade Sinn: A sign suspended beneath a ceiling of an arcade, a roof or marquee e e 188 0 e e e containing only the name of a business for the purpose of assisting pedestrian traffic traveling under the arcade, roof or marquee to identify the location of establishments within a shopping center or similar building.
D. Bulletin: A type of changeable copy sign constructed to allow letters or symbols to be changed periodically such as those used by churches and schools to announce events.
E. Roof Sign: A sign erected and maintained upon or above the roof of any building which projects no more than six (6) feet above the roof.
F. Overhanging: A sign, other than a wall sign or arcade sign, affixed to a building or wall whose leading edge extends beyond such building or wall more than ten inches (1O"), including awnings, marquees or similar structures used for business identification.
G. Canopy Sinn: A sign that is painted on or otherwise permanently affixed to an awning, canopy or marquee and which sign does not project beyond the surface area of the awning, canopy or marquee.
H. Billboard: An off-premises sign which advertises an establishment, activity, person, product or service which is unrelated to or unavailable on the premises where the billboard is located.
1. Changeable CORY:A sign that is designed so that characters, letters or illustrations can be changed or rearranged either manually or electronically without altering the face or surface of the sign.
J. lndirectlv Illuminated: A sign which is lighted by means of lamps or lighting devices external to, and reflected on, the sign, which lighting is stationary and constant in intensity and color at all times and which is shielded so that the illumination is concentrated on the face of the sign and there is no spillover of illumination or glare beyond the face of the sign.
K. lnternallv Illuminated: A sign which is lighted by means of lamps or lighting devices internal to the sign, which lighting is either behind the face of the-sign or is an integral part of the sign structure and the advertising effect.
2201.2 Types: a Signs are categorized by use, function or purpose into the following types: e e A. Residential Identification: A sign containing only the name and address of the e 189 resident of the dwelling.
B. Home Occupation Identification: A sign containing only the name and address of the occupant of the premises and their occupation. No logos or other advertising shall be permitted. -
C. Residential Plan Identification Sign: A permanent wall or free-standing ground sign containing only the name and address of a plan of subdivision or a multi-family building or development.
D. Real Estate: A temporary sign advertising the sale or rental of premises. The signs may also bear the words "sold", "sale pending" or "rented" across their face.
E. Development: A temporary sign erected during the period of construction and/or development of a property by the contractor and developer or their agent.
F. Construction: A temporary sign announcing the name of contractors, mechanics or artisans engaged in performing work on the premises.
G. Notification: Signs bearing legal and/or property notices such as: no trespassing, private property, no turnaround, safety zone, no hunting and similar messages and signs posted by a governmental agency for traffic control or the safety of the general public.
H. Off-Premises Directional: A sign, other than a Billboard, which directs the public to an establishment, activity, person, product or service which is not sold, produced or available on the property on which the sign is located.
1. On-Premises Directional: A sign which directs and/or instructs vehicular or pedestrian traffic relative to parking areas, proper exits, loading areas, entrance points and similar information on the premises on which it is located.
J. Political Sinn: A temporary sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue concerning which a public election is scheduled to be held.
K. Business Identification Sign: A sign which contains the name, address and goods, services, facilities or events available on the premises.
L. Temporary Special Event Display: A banner, flag, pennant or similar display constructed of durable material and affixed to the wall of a building or secured to an authorized pole sign or securely anchored to the ground and erected for a period of not exceeding thirty (30) days whose sole purpose is to advertise a special event.
190 a e 0 M. Window Display: A sign or group of signs affixed to the inside of a display window e in a commercial establishment which advertises a product or service available on the premises or which announces or promotes a special sale or special event. e N. MemoriaS/Historical Plaque: Commemorative plaques recognized by an agency e of the Township, County, Commonwealth or Federal government or a non-profit a historical or veteran's organization. e e 0. Public Art: The application of paint, acrylic or other similar material to the exterior 0 wall of a building whose sole purpose is to create a mural or aesthetic design and e which representation shall not contain any advertising, but may contain the names a of the artist and the donor in an area not to exceed one-half percent (0.5%)of its total surface area, as approved by the Board of Supervisors as part of an approved land e development plan. 0 a SECTION 2202 GENERAL REGULATIONS e e The following regulations shall apply to signs in all Zoning Districts: e 2202.1 Restricted Signs: a The following signs shall not be permitted in any Zoning District:
, II A. "A-Frame" or sandwich board signs, other than in the C-3 District; B. Portable or Wheeled Signs, other than Temporary Special Event Displays authorized by this Chapter; C. Banners, other than Temporary Special Event Displays authorized by this Chapter; D. Inflatable display devices of any kind, other than Temporary Special Event Displays authorized by this Chapter; E. Search Lights, other than Temporary Special Event Displays authorized by this Chapter; F. Oscillating, Moving or Flashing Signs, except for that portion of a permitted sign which indicates time or temperature which changes at intervals no less frequent than every five (5)seconds; G. Signs on trees, utility poles or official traffic control devices or signs; - H. Signs which imitate traffic control devices; 1. Signs, other than Public Art, as defined herein, painted on walls or chimneys of a building or on fences or walls; J. Strings of lights, flashers, flags, pennants or other display paraphernalia, except those displays specifically authorized by this Article. K. Overhanging Signs, as defined herein; L. Signs on or affixed to vehicles and/or trailers which are parked on a public right-of-
191 way, public property or private property, other than temporarily for overnight storage on the site of a business or for maintenance, repair, loading, unloading or rendering a service at any location, which are visible from the public right-of-way and where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property.
2202.2 Exempt Signs:
The following signs shall be exempt from these regulations:
A. Residential Identification Signs, as defined herein; B. Holiday decorations displayed for recognized Federal or State holidays, provided they do not interfere with traffic safety or do not, in any other way, become a public safety hazard; C. MernoriaVHistorical Plaques, as defined herein; D. Window Displays, as defined herein, provided they shall not exceed twenty percent (20%) of the gross surface area of all display windows at ground level on the street side or sides of the building; E. Signs authorized by the Board of Supervisors or erected by a governmental agency, including street signs, official traffic signs and public art when approved by the Board of Supervisors as part of an approved land development plan, but not including Off-Premises Directional Signs regulated by 52203.8.
2202.3 Lots with Multiple Street Frontage:
In all Zoning Districts, lots fronting on more than one (I)street shall be permitted to have any sign authorized on the lot on each street frontage, provided the street frontage does not face residential property.
2202.4 Temporary Signs:
In all Zoning Districts where authorized by Section 2203, real estate, construction and development signs shall be considered temporary signs which shall be removed within thirty (30) days of the completion of sales or construction.
2202.5 Notification Signs:
In all Zoning Districts, the number, location and size of legal notification signs erected by public agencies shall be in accordance with the laws of the Commonwealth. In all Zoning Districts, legal notification signs posted on private property by property owners such as "no trespassing", "no hunting" and the like shall be limited to a surface area not exceeding two (2) square feet. The placement and maximum number of signs permitted along road frontages shall be one (1) sign for every thirty (30) feet of road frontage.
192 2202.6 Visibility :
No sign shall be located in such a position that it will cause a hazard by obstructing visibility for traffic on a street or obscuring a traffic signal or other traffic control device. No sign, other than official traffic signs and off-premises directional signs, shall hang over or be erected within the right-of-way of any street. No sign shall be located within the clear sight triangle defined by 52003.4 of this Chapter.
2202.7 Illumination:
Illumination, when authorized by this Chapter, shall be directed upon the sign face and not towards adjoining properties or streets. Flashing or oscillating signs shaill not be permitted. Lighting shall be stationary and constant in intensity and color at all times. The intensity of any source of illumination of any sign, whether indirect or internal, shall be controlled so as to not create glare and to be compatible with the intensity of ambient light and illumination on surrounding properties.
2202.8 Maintenance and Inspection:
All signs must be constructed of a durable material and maintained in good condition. Any sign found to be in an unsafe condition upon inspection shall be declared to be a public nuisance and the Zoning Officer shall give notice to the owner in writing to repair or remove the sign within ten (10) days. Upon failure of the owner to comply, the Township shall remove the sign at the owner's expense.
2202.9 Removal of Signs:
Whenever any business is discontinued or vacated, all signs relating to the discontinued or vacated business shall be removed within thirty (30) days of the vacation or discontinuance of the business. Upon failure of the owner to comply, the Township shall remove the sign at the owner's expense.
2202.10 Permits Required:
No permit shall be required for Off-Premises Directional Signs erected by a governmental agency, Notification, Real Estate, Political and Construction Signs, as defined by s2201.2 above. Permits shall be required for all other signs authorized by Section 2203 through Section 2206. The Zoning Officer shall issue the required permits upon submission of an application which complies with all applicable provisions of this Chapter and payment of the required fee established from time to time by Resolution of the Board of Supervisors.
193 2202.1 1 Expiration of Permits:
Any permit issued by the Zoning Officer for erection, alteration, replacement or relocation of any sign shall expire automatically within six (6)months of the date of issuance if work authorized by the permit has not been initiated and diligently pursued.
2202.12 Sign Location:
Except for Billboards, Political Signs and Off-Premises Directional Signs, as defined herein, where authorized by this Chapter, all signs shall be located on the premises which they are intended to serve. All signs shall be located at least forty (40) feet from any property line in a residential district.
SECTION 2283 SIGNS AUTHOWlZED IN ALL ZONING DISTRICTS
The following signs are authorized in all Zoning Districts:
2203.1 Bulletin Sign:
One (1) Bulletin Sign which is non-illuminated or indirectly or internally illuminated and which does not exceed twenty-four (24) square feet in surface area, shall be permitted in connection with any church, school, library or similar public or semi-public building.
2203.2 Real Estate Sign: -.
One (1) non-illuminated temporary Real Estate Sign shall be permitted on each lot provided the surface area of the sign shall not exceed six (6) feet in height. The Real Estate Sign shail not exceed six (6)square feet in surface area when located in any Residential Zoning District and shall not exceed twelve (12) square feet in any other Zoning District. Such sign shall be removed within thirty (30) days of the sale or rental of the property on which it is located.
2203.3 Development Sign:
One (1) non-illuminated temporary Development Sign shall be permitted on each development site provided the surface area of the sign shall not exceed thirty-two (32) square feet in surface area. The Development Sign shall not exceed ten (10) feet in height in any Zoning District. Such sign shall be removed within thirty (30) days of the sale or rental of the last lot or completion of the proposed construction in the development.
2203.4 Construction Sign:
One (1) non-illuminated temporary Construction Sign announcing the names of contractors,
194 mechanics or artisans engaged in performing work on the premises shall be permitted on a lot, provided the sign shall not exceed twelve (12) square feet in area and shall be removed within thirty (30) days of the completion of the work.
2203.5 Temporary Special Event Sign:
One (I)non-illuminated Temporary Special Event Display Sign, as defined by this Chapter, shall be permitted to be erected on any lot containing a public building, church or building housing a non-profit organization, provided that the area of the sign shall not exceed twenty (20) square feet and provided the sign is displayed for a period no longer than thirty (30) days and is removed within five (5) days following the event that it is erected to promote.
The Temporary Special Event Display Sign shall be either securely affixed to the building or to an existing freestanding sign, or if freestanding on the lot shall be securely anchored and shall be located outside the public street right-of-way, and in a location which does not constitute a public safety hazard for pedestrian or vehicular traffic. If a Temporary Special Event Display Sign is proposed over a public street right-of-way, permission shall be obtained from the owner of the right-of-way.
2203.6 Home Occupation Identification Sign:
One (1) non-illuminated Home Occupation Identification Sign shall be permitted for an approved home occupation, provided that the surface area of the sign does not exceed two (2) square feet and the sign shall contain only the name, address and occupation of the resident and shall not contain any logo or other advertising. The sign may be attached to the wall of the residence or to the resident's mailbox or lamppost on the lot. If the sign is attached to the mailbox or lamppost, it shall be no larger than one (1) square foot.
2203.7 Political Signs:
Non-illuminated temporary Political Signs erected during a political campaign shall be permitted, provided that they are not of a type restricted by $2202.1 of this Chapter and provided that the surface area of such signs shall not exceed six (6) square feet. The signs shall not be erected before thirty (30) days prior to the election and shall be removed within five (5) days after the election for which they were erected. Posting of Political Signs shall be further subject to the requirements of Chapter 11 1 of the Code of the Township.
2203.8 Off-Premises Directional Signs:
A maximum of four (4) permanent Off-Premises Directional Signs shall be permitted to be erected by any agency or business other than a governmental agency or home occupation. The agency or business shall be located in the Township of South Park. The Off-Premises Directional Signs shall be non-illuminated and shall not exceed twelve (12) square feet in surface area. Such signs shall be permitted in the public right-of-way only if permission is
195 granted by the owner of the right-of-way. Evidence of permission from the landowner shall be required for signs that are proposed to be erected on property owned by an owner other than the owner of the building or use the sign is intended to serve. Signs located outside the public right-of-way shall be located no more than ten (IO) feet from the edge of the right-of-way or no more than fifteen (15) feet from the edge of the cartway, if the right-of- way is not contiguous with the front lot line.
2203.9 On-Premises Directional Signs:
On any lot which contains two (2) or more multi-family or non-residential buildings andlor on any lot which provides more than one hundred (100) parking spaces, On-Premises Directional Signs shall be permitted, provided that the surface area of any one (1) sign shall not exceed four (4) square feet.
On lots with areas less than one (1) acre, a maximum of four (4) non-illuminated or indirectly illuminated On-Premises Directional Signs shall be permitted. On lots with areas of one (1) acre or more, a maximum of six (6) non-illuminated or indirectly illuminated On- Premises Directional Signs shall be permitted on the first acre. For each additional acre or fraction thereof over one (1) acre, two (2) additional On-Premises Directional Signs shall be permitted.
SECTION 2204 SIGNS AUTHORIZED IN RESIDENTIAL ZONING DISTRICTS
The following signs shall be permitted in all Residential Zoning Districts: . -. 2204.1 Residential Plan Identification Sign:
One (1) non-illuminated or indirectly illuminated permanent wall or free-standing ground Residential Plan Identification Sign containing only the street address andlor name of a residential subdivision plan or multi-family building or development which shall not exceed twenty-four (24) square feet in area. A sign identifying the name of a residential subdivision may be affixed to a free-standing decorative wall, rather than to a building wall, provided that the decorative wall meets all applicable requirements of this Chapter and does not obstruct visibility for traffic entering or leaving the plan.
Any plan identification sign which is proposed in the public right-of-way shall be approved by the owner of the right-of-way. Whether the sign is located in the public street right-of- way or on private property, the structure shall be owned and maintained by a Homeowners' Association. In either event, the Township shall have the right to maintain the sign or structure if the Homeowners' Association fails to do so and, further, shall have the right to require posting of a bond by the Homeowners' Association for such maintenance and shall have the right to remove any such structure or sign which is located in a public street right- of-way.
196 2204.2 Business Identification Sign:
One (1) non-illuminated or indirectly illuminated wall or free-standing ground identification sign for any business use, other than a home occupation, which is a legal non-conforming use or which is authorized as a conditional use or use by special exception in a Residential Zoning district which shall not exceed twelve (12) square feet in area or six (6) feet in height.
SECTION 2205 SIGNS AUTHORIZED IN BUSINESS PARK, COMMERCIAL AND INDUSTRIAL DISTRICTS
The following signs shall be permitted in all Business Park, Commercial and Industr,ial Districts:
2205.1 Temporary Special Event Display:
Temporary Special Event Displays, as defined by this Chapter, shall be permitted provided that:
A. The following types of signs may be used in a Temporary Special Event Display:
1. Banners 2. Portable or Wheel Signs
3. Inflatable Display Devices - .. ,
Search lights may be used in addition to these authorized signs.
5. No more than two (2) Temporary Special Event Displays shall be permitted on any establishment at any one time; c. The Temporary Special Event Display signs shall be securely attached to the building or to the supporting structure of a free-standing pole business identification sign or, if free-standing on the lot, shall be, securely anchored to the ground, provided it is not located in any public street right-of-way or on any sidewalk and does not create a public safety hazard for pedestrian or vehicular traffic.
D. Temporary Special Event Display signs shall be displayed for a period not exceeding thirty (30) days, either consecutively or cumulatively, in any twelve (12) month period;
E. The aggregate surface area of all Temporary Special Event Display signs shall not exceed twenty (20) square feet per establishment. In the event that there is more than one (1) establishment on a site, the maximum aggregate surface area of all Temporary Special Event Display signs on the site at any one time shall not exceed
197 one hundred (100) square feet;
F. Temporary Special Event Display Signs shall be non-illuminated.
2205.2 Changeable Copy Signs:
In addition to the authorized business identification signs, one (1) non-illuminated or internally illuminated changeable copy sign shall be permitted per lot, regardless of the number of businesses on the lot, which shall not exceed thirty (30) square feet in area and which shall be permanently affixed to the wall of the building or to the supporting structure of an authorized free-standing pole sign on the lot. Any wall mounted changeable copy sign shall be included in the aggregate area of all wall signs authorized by 52205.3, below.
Changeable copy signs shall be permitted to have copy changed manually or electronically.
2205.3 Business Identification Signs:
A. Wall Signs: Each business establishment shall be permitted to have wall signs which may be illuminated or non-illuminated. The aggregate area of all wall signs .+/I shall not exceed two (2) square feet for each lineal foot of width of the front wall of the building, or portion of the building, occupied by the business or a maximum of one hundred (100) square feet for all the businesses on the lot, whichever is less. The aggregate area of all wall signs shall apply to business identification signs, any changeable copy sign affixed to the wall of the building, any canopy sign and any other legal sign affixed to the wall of the building. The number and location of wall signs shall be further subject to 52202.3 and 52202.12. Wall signs shall be permitted on side or rear walls of the building, unless the side or rear wall faces residential property.
An authorized wall sign may be attached to a gable, hip, gambrel or mansard roof, provided it does not extend above the ridge or deck line of the roof. Wall signs shall not be permitted to be placed on or project above a flat roof.
B. Window Signs: A business which is located above the street floor shall be permitted to have one (1) window sign which shall not be counted in the maximum aggregate area authorized for all wall signs for all businesses in 52205.3-A, above, provided the total area of the window sign shall not exceed twelve (12) square feet.
C. A-Frame or Sandwich Board Signs: In the C-3 District, an A-frame or sandwich board sign with a maximum surface area no greater than twelve (12) square feet shall be permitted provided that the sign is located so as to not obstruct visibility or pedestrian or vehicular circulation and further provided that the sign is removed each day at the close of business.
198 D. Ground Siqns: In addition to the wall signs, one (1) free-standing ground sign shall be permitted per lot, regardless of the number of businesses on the lot, provided that:
* . ,. I. No free-standing pole sign exists or is proposed to be erected on the lot.
2. The maximum surface area of the ground sign shall not exceed twenty-four (24) square feet in any C District. In the 6-P and I Districts, the maximum surface area shall not exceed forty-eight (48) square feet.
3. The height and location of the sign shall be designed so as to not interfere with visibility for vehicular traffic entering or leaving the lot or traveling on any street and in no case shall the total height exceed six (6) feet.
4. Ground signs shall be non-illuminated or indirectly illuminated only. Internally illuminated ground signs shall not be permitted.
5. All free-standing ground signs shall be located at least ten (IO) feet from any property line, except where property abuts on a public right-of-way, the ground sign shall be set back at least ten (IO) feet from the right-of-way or at least fifteen (15) feet from the edge of the cartway if the right-of-way is not contiguous with the front lot line.
E. Pole Signs: In addition to the authorized wall signs, one (1) freestanding pole sign shall be permitted per lot, regardless of the number of businesses on the lot, provided that:
1. No free-standing ground sign exists or is proposed to be erected on the lot.
2. The pole sign shall be non-illuminated, indirectly illuminated or internally illuminated.
3. The maximum height of the top of the pole sign shall be twenty (20) feet;
4. The minimum height of the bottom edge of the sign shall be eight (8) feet;
5. The maximum surface area of the free-standing pole sign shall not exceed forty (40) square feet if there is only one (1) business on the lot and shall not exceed sixty-four (64) square feet if there is more than one (1) business on the lot. Neither dimension of such sign shall be less than five (5) feet.
6. No portion of any sign shall project over any public right-of-way nor shall it be located within the clear sight triangle of any street intersection as defined by Section 2003.4 of this Chapter.
I99 7. All free-standing pole signs shall be set back at least ten (10) feet from every property line, except where property abuts on a public right-of-way, the sign shall be set back at least ten (IO) feet from the right of way or at least fifteen (15) feet from the edge of the cartway if the right-of-way is not contiguous with the front lot line.
F. Canopy Signs: Each business establishment shall be permitted to have one (1) Canopy Sign, provided that:
1. The maximum surface area of the Canopy Sign shall not exceed thirty-two (32) square feet.
2. If there are other wall signs on the building, the Canopy Sign shall be included in the aggregate area of all wall signs authorized by s2205.3 a above.
3. The Canopy Sign does not obstruct visibility or interfere with safe pedestrian or vehicular traffic circulation on the lot or on adjacent streets or sidewalks.
4. The Canopy Sign projects no more than six (6) feet from the wall of the building on which it is erected and in no case projects into any right-of-way for vehicular traffic. -. ._
G. Monument Siqns: Each site that contains two (2) or more businesses shall be permitted to have one (1) Monument Sign which may be illuminated or non- illuminated, provided all of the following requirements are met:
1. No freestanding ground or pole sign exists or is proposed to be erected on the lot.
2. The maximum height of the top of the Monument Sign shall be twenty (20) feet.
3. The maximum surface area of the Monument Sign shall be sixty-four (64) square feet.
4. The Monument Sign shall not be located within the clear sight triangle, as defined by s2003.4 of this Chapter, at the intersection of two (2) streets or a driveway with a street.
200 5. The Monument Sign shall be set back at least ten (IO) feet from every property line and public street right of way.
SECTION 2206 BILLBOARDS
Billboards shall not be permitted in any "R" Zoning Districts. Billboards shall be permitted only as uses by special exception on property located in the C-3 and I Districts following a public hearing by the Zoning Hearing Board, provided all of the following requirements are met:
2206.1 Location:
Billboards may be authorized as a use by special exception only in the C-3 and I Districts, provided all of the following requirements are met:
A. Billboards shall not be erected within 100 feet of the boundary line of any "R" District or within 100 feet of any public or private school, church or cemetery, said I00 feet being measured along the radius of a circle from the center-most point of the billboard structure extending in all directions.
B. Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structure of 500 feet. Required spacing shall be measured along both sides of the same roadway frontage from the center-most point of the billboard structure along a line extending from the center-most point of the billboard which is parallel to the centerline of the roadway to which the billboard is oriented.
C. No billboard shall be located closer than ten (IO) feet to any public street right-of- way.
D. The minimum side and rear yard requirements applying to a principal structure as set forth within the Zoning District in which the billboard is to be located shall apply to each billboard structure.
E. No billboard shall be erected in such a manner as to block the view from the road or street, of any existing business identification sign, residential or non-residential structure, or limit or reduce the light and ventilation requirements.
F. No billboard shall be constructed within the clear sight triangle, as defined in $2003.4,of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.
G. No sign shall be erected over any sidewalk or public right-of-way.
20 1 H. Billboards shall not be part of a roof or wall nor shall they be mounted on the roof, wall, or other part of a building or any other structure.
2206.2 Size and Heights: -, A billboard shall have a maximum allowable Gross Surface Area of 450 square feet per sign face. This Gross Surface Area shall be permitted, provided all of the following additional requirements are met:
A. A billboard shall have no more than two (2) sign faces per billboard structure which may be placed back to back or in a V-shaped configuration having an interior angle of 90' or less.
B. The dimensions of the gross surface area of the billboard's sign face shall not exceed twenty (20) feet in total height or twenty-five (25) feet in total length, provided the total allowable Gross Surface Area for the sign face is not exceeded.
C. A billboard structure shall have a maximum height above the curb of the roadway from which it is intended to be viewed of forty (40) feet.
2206.3 Construction Methods:
Billboards shall be constructed in accordance with applicable provisions of the South Park Township Building Code, as now or hereafter adopted, and shall meet all of the following additional requirements:
A. A billboard structure shall have a maximum of one (1) vertical support, being a maximum of three (3) feet in diameter or width and without additional bracing or vertical supports.
B. A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or constructed of approved corrosive-resistant, non- combustible materials. Structures constructed with galvanized metal shall be painted.
C. The one (I)vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum one hundred (100) mile per hour wind load. Structural design computations shall be made and certified by a Registered Engineer and shall be submitted to the Township with the application for the use by special exception.
D. The base shall be installed using a foundation and footings approved by the Township Engineer for the type of construction proposed.
E. The entire base of the billboard structure parallel to the sign face shall be
202 permanently landscaped with suitable shrubbery and/or bushes of minimum height of three (3) feet placed in such manner as to screen the foundation of the structure.
F. Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices.
G. No bare cuts shall be permitted on a hillside.
H. All cuts or fills shall be permanently seeded or planted.
1. A billboard with display lighting shall be constructed so that it does not glare upon adjoining property and shall not exceed a maximum of 1.5 foot candles upon the adjoining property.
J. Display lighting shall not operate between 12:OO Midnight and 500 A.M., prevailing loca I time.
K. No billboard structure, sign face, or display lighting shall move, flash, or emit noise. No display lighting shall cause distractions, confusion, nuisance, or hazard to traffic, aircraft or other properties.
L. The use of colored lighting shall not be permitted.
2206.4 Maintenance:
A. A billboard structure shall be entirely painted every three (3) years, unless constructed of an approved corrosive-resistant material.
B. Every ten (10) years, the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania Registered Engineer and shall provide to the Township, a certificate from the Engineer certifying that the billboard is structurally sound.
C. Annual inspections of the billboard shall be conducted by the Township to determine compliance with this Chapter in accordance with 52202.8.
D. Billboards found to be in violation of this Chapter shall be brought into compliance or removed within thirty (30) days upon proper notification by the Township.
E. Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All paper and other waste materials shall be removed from the site and disposed of properly whenever any sign face is changed.
203 2206.5 Liability Insurance:
The applicant for a Sign Permit to erect a billboard shall provide a Certificate of Insurance naming the Township as an additional insured for public liability and property damage. The amount of insurance to be maintained shall be determined and adjusted from time to time by Resolution of the Board of Supervisors. The insurance certificate shall contain a clause stating that the insurance shall not be canceled or reduced without first giving ten (10) days notice to the Township.
2206.6 Permits:
Prior to submission of an application for a Sign Permit, the applicant for a billboard shall obtain and submit with the application, approvals from the Allegheny County Department of Aviation or the United States Federal Aviation Administration (FAA), when applicable.
Approval of the use by special exception shall be valid for six (6) months from the date of action by the Zoning Hearing Board granting the use by special exception. If the applicant fails to obtain a Sign Permit for the approved billboard within the six (6) month period, approval of the use by special exception shall expire automatically, without written notice to the applicant.
The issuance of a Sign Permit for a billboard which has been granted approval of a use by special exception shall be conditioned upon the approval of the Pennsylvania Department of Transportation (Penn DOT) for billboards along State Highways. If the applicant fails to submit evidence of the required approval by Penn DOT within thirty (30) days of the issuance of the conditional Sign Permit, the Sign Permit shall be revoked by the Township Zoning Officer who shall provide written notice to the applicant. The applicant may reapply for the required Sign Permit, upon submission of evidence of Penn DOT approval, without payment of any additional Sign Permit Fee, provided the application is filed within the six (6) month period during which the use by special exception approval is valid.
2206.7 Application Fees:
Said application shall be accompanied by an Application Fee in an amount equal to that set from time to time by Resolution of the Board of Supervisors.
2206.8 Nonconforming Billboards:
Any billboard which does not conform to the requirements of this Section shall not be enlarged or moved unless the billboard complies with all provisions of this Section.
Any billboard which is damaged or destroyed by more than fifty-one percent (51%) of its
204 a e 0 replacement value at the time of damage or destruction shall be reconstructed only in * compliance with all provisions of this Section. e
205 ARTICLE Xxlll
NONCONFORMING USES, STRUCTURES AND LOTS
SECT18N 2300 APPLlCABlLlTY
This Article shall apply to all nonconforming uses, structures, and lots as defined by this Chapter. Nothing contained herein shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approval and required permits have been granted prior to the effective date of this Chapter or any amendment thereto.
SECTION 2301 NONCONFORMING USES
These regulations shall apply to any use of a structure or lot in any Zoning District which is a nonconforming use as defined by this Chapter. Whenever the boundaries of a Zoning District shall be changed so as to transfer an area from one Zoning District to another of a different classification, these regulations shall also apply to any uses which thereby become nonconforming.
2301 .I Continuation:
Where, at the effective date of adoption or amendment of this Chapter, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this Chapter as enacted or amended, such use may be sold or otherwise transferred to other owners and may be continued as long as it remains otherwise lawful in accordance with the provisions of this Article and all other applicable regulations.
2301.2 UnlawfuU Use of Land or Buildings:
An unlawful use of land or buildings existing at the time of adoption of the Chapter shall remain illegal and unlawful subject to all of the provisions and penalties of this Chapter, even if located in a District where such use is permitted under the terms of this Chapter, unless such use meets all of the area and bulk regulations, off-street parking regulations and all other regulations applicable to that use for the District in which it is located.
2301.3 Enlargement or Expansion:
No nonconforming use of a lot or structure shall be enlarged or increased or extended to occupy an area of land more than twenty-five percent (25%) greater than was occupied at the effective date of adoption or amendment of this Chapter which made the use nonconforming, unless the Zoning Hearing Board, after public hearing, shall interpret that the enlargement or extension is necessary by the natural expansion and growth of the
206 nonconforming use. Any such enlargement or expansion shall conform to the area, height and yard requirements of the Zoning District in which it is located.
No nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption or amendment of this Chapter.
Any nonconforming use may be extended throughout any part of a structure which was designed for such use at the time the use became nonconforming: however, a nonconforming use shall not be extended to occupy any structure, except on a lot or portion of a lot owned at the time the use became nonconforming.
2301.4 Change of Use:
A nonconforming use shall not be changed to any use other than a conforming use, except as authorized by the Zoning Hearing Board as a use by special exception, in accordance with the following express standards and criteria:
A. The new nonconforming use shall be equal to or better than the existing nonconforming use. In determining whether the new use is equal to or better than the existing noficonforming use, the Zoning Hearing Board shall consider whether the new use is listed as an authorized permitted use, conditional use or use by special exception in the most restrictive Zoning District which allows the existing nonconforming use. In addition, the Board shall consider the following:
1. The number of employees, if any, proposed in the new use compared with the existing use.
2. The type of activities, products, equipment and processes and magnitude of walk-in trade, if any, in the new use compared with the existing use.
3. The comparative impact on the environment of the new use.
4. The ability of the new use to comply with the Performance Standards of Section 2001 as compared with the existing use.
B. The new use shall be in keeping with the character of the neighborhood in which it is located.
C. The new use shall conform to the off-street parking requirements of Article XXI of this Chapter for the new use.
D. The new use shall be subject to the area and bulk regulations of the District in which the new use is located.
207 a 0 E. The new use shall be subject to the Buffer Area requirements of Section 2002 of this Chapter, based on the requirements for the use in the most restrictive Zoning District in which the use is an authorized use.
F. The new use shall be subject to any applicable express standards and criteria for the use, if the use is authorized as a conditional use or use by special exception in the most restrictive Zoning District where such use is authorized.
When a nonconforming use is changed to a conforming use, the use thereafter shall not be changed to a nonconforming use.
Where a, nonconforming use exists on a lot, a conforming use shall not be established on the same lot unless the nonconforming use is discontinued.
2301.5 Abandonment:
When a nonconforming use of a structure and/or lot is discontinued or abandoned for twelve (12) consecutive months, the structure and/or lot shall not thereafter be used, except in conformance with the regulations of the Zoning District in which it is located, unless the owner can provide evidence that there was no intention to abandon the nonconforming use, including, but not limited to, serious illness of the owner which interrupted the continuity of the nonconforming use, failed attempts to diligently market the property for the continuation of the nonconforming use, or inability to transfer the property for the continuation of the nonconforming use for reasons outside the control of the owner such as required permits, licenses or other similar requirements.
2301.6 Damage or Destruction:
In the event that damage or destruction of a structure in which a nonconforming use is conducted involves fifty percent (50%) or less of the gross floor area of the structure, repairs or reconstruction may be undertaken, provided that such restoration is diligently and visibly pursued under a valid building permit within eighteen (18) months of the date of such damage or destruction.
In the event that a structure in which a non-conforming use is conducted is damaged or destroyed by fire or other means to an extent of more than fifty percent (50%) of the gross floor area of the structure, repairs or reconstruction may be authorized as a use by special exception by the Zoning Hearing Board in accordance with the following express standards and criteria:
A. Off-street parking shall be provided in accordance with the requirements of Article XXI of this Chapter for the use.
208 B. The repair or reconstruction shall conform to the requirements of the Township Building Code and Fire Code and to all applicable requirements of the Pennsylvania Department of Labor and Industry.
c. The reconstruction shall comply with all applicable regulations of the Zoning District, other than use, unless the structure is non-conforming and/or a variance is granted to the applicable regulations upon demonstration of physical hardship.
D. Any proposed change of use shall be further subject to 92301.4 of this Chapter.
- E. The repair or reconstruction shall comply with all applicable Buffer Area requirements of Section 2002 of this Chapter.
F. If the non-conforming use is governed by any express standards and criteria in Section 1903 of this Chapter for conditional uses or uses by special exception, the repair or reconstruction shall comply with all applicable express standards and criteria, unless the Zoning Hearing Board grants a variance to the applicable regulations upon demonstration of physical hardship.
G. Approval of the repair or reconstruction of the structure housing the non-conforming use shall be conditioned upon the repair or reconstruction being diligently and visibly pursued under a valid building permit within eighteen (18) months of the date of the decision by the Zoning Hearing Board, or if the Board's decision is appealed, within eighteen (18) months of the final adjudication.
SECTION 2302 NONCONFORMING STRUCTURES
These regulations shall apply to all nonconforming structures as defined by this Chapter in all Zoning Districts.
2302.1 Structural Alteration:
No such structure may be enlarged or structurally altered in a way which increases its nonconformity, except when the Zoning Hearing Board, after public hearing, may determine undue hardship and may authorize a reasonable modification of such structure.
2302.2 Damage or Destruction:
Any nonconforming structure which has been partially or completely damaged or destroyed by fire or other means may be rebuilt or repaired on its existing foundation even though such foundation may violate the setback requirements for the Zoning District in which the structure is located, provided that the repair or reconstruction is diligently and visibly pursued under a valid building permit within eighteen (18) months of the date that the original structure was damaged or destroyed.
209 2302.3 Moving:
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the requirements of the Zoning District in which it is located.
2302.4 Signs:
Nonconforming signs may be repaired or reconstructed, provided that no structural alterations are made which increase the gross surface area of the sign; however, nonconforming signs which are damaged or destroyed to an extent of more than fifty percent (50%) of the area of the structure at the time of destruction shall not be reconstructed except in conformity with the provisions of this Chapter. Nonconforming signs which are damaged or destroyed to an extent of less than fifty percent (50%) of the area of the structure may be repaired or reconstructed, provided that such restoration is completed within thirty (30) days of the damage or destruction.
Nonconforming signs may not be enlarged, added to or replaced by another nonconforming sign, use or structure, except that the interchange of poster panels shall be permitted.
2302.5 Repair or Maintenance:
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by the Township Building Inspector or any other official charged with protecting the safety of the public.
SECTION 2383 MOMCONFORMIIWG LOTS
Any lot of record existing at the effective date of this Chapter may be used for the erection of a single family dwelling or an accessory structure to such dwelling, without a lot area or lot width variance, even though its lot area and width are less than the minimum required by this Chapter; however, such dwelling shall comply with the front, rear and side yards, height and lot coverage standards of the Zoning District wherein it is located.
Where structures exist on adjacent nonconforming lots of record which have front yards less than the minimum depth required, the minimum front yard for an adjacent undeveloped nonconforming lot of record shall be the average depth of the nonconforming front yards on the immediately adjacent developed nonconforming lots within two hundred (200) feet on either side of the undeveloped lot, provided, however, that in no instance shall the front yard be less than twenty (20) feet.
SECTION 2304 REGISTRATION OF NONCONFORMITY
The owner of a nonconforming use shall make an application for registration of the nonconforming use and upon presentation of documentation acceptable to the Zoning
210 e e Officer that the use was lawfully in existence prior to the effective date of this Chapter or e any amendment which created the nonconformity, the Zoning Officer shall register the same e on a map and by Allegheny County Assessor's Block and Lot Number as a legal m nonconforming use. a In the course of administering this Chapter and reviewing applications for Zoning Certificates or variances, the Zoning Officer shall register all nonconforming structures and a nonconforming lots as they become known through the application process. c
21 1 ARTICLE XXlV
ZONING HEARING BOARD
SECTION 2400 MEMBERSHIP ,r
The membership of the Zoning Hearing Board shall consist of five (5) residents of the Township appointed by the Board of Supervisors. Their terms of office shall be five (5) years and shall be so fixed that the term of office of one (1) member shall expire each year. The Board shall promptly notify the Board of Supervisors when vacancies occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer.
SECTION 2401 ALTERNATE MEMBERS
2401.I Appointment of Alternate Members:
The Board of Supervisors may appoint by Resolution at least one (I), but no more than three (3),residents of the Township to serve as alternate members of the Board. The term of office of an alternate member shall be three (3) years. When seated pursuant to the provisions of 52401.2, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the power and duties set forth in this Chapter and as otherwise provided by law. Alternates shall hold no other office in the Township, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member ofthe Board unless designated as a voting alternate member pursuant to 92401.2 of this Chapter.
2401.2 Participation by Alternate Members:
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this Sub-section shall be made on a case by case basis in rotation according to declining seniority among all alternates.
SECTION 2402 JURISDICTION OF THE BOARD
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final
212 adjudication in the following matters:
2402.1 Substantive challenges to the validity of any land use ordinance, except curative amendments brought before the Board of Supervisors.
-\ 2402.2 Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken with thirty (30) days after the effective date of the Ordinance.
2402.3 Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit; or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any non-conforming use, structure or lot.
2402.4 Appeals from a determination by the Township Engineer or the Zoning Officer with reference to the administration of any flood plain or flood hazard ordinance or such provisions within a land use ordinance.
2402.5 Applications for variances from the terms of this Chapter, any flood hazard ordinance or such provisions within a land use ordinance pursuant to Section 2403.
2402.6 Applications for special exceptions under this Chapter or flood plain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to Article XIX and Section 2404.
2402.7 Appeals from the Zoning Officer's determination under 5916.2 of the Pennsylvania Municipalities Planning Code. (Act 247, as amended)
2402.8 Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development or planned residential development.
SECTION 2403 VARIANCES
The Board, upon appeal, shall have the power to authorize variances from the requirements of this Chapter, and to attach such conditions to the variance as it deems necessary to assure compliance with the purposes of this Chapter. A variance may be granted, if all of the following findings are made where relevant in a given case:
213 2403.1 That there are unique physical circumstances or conditions, inchding irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.
2403.2 That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
2403.3 That such unnecessary hardship has not been created by the appellant.
2403.4 That the variance, if authorized, will not alter the essential character of the neighborhood or District in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
2403.5 That the variance, if authorized, will represent the minimum variance necessary to afford relief and will represent the least modification possible of the regulation in issue.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter and protect the public health, safety and welfare.
SECTION 2404 USES BY SPECIAL EXCEPTION
The Board shall have the power to hear and decide on applications for uses by special exception as authorized by this Chapter, in harmony with its general purpose and intent, and in accordance with the standards set forth in Article XIX. The Board shall approve a use by special exception only if it meets all applicable requirements of this Chapter and the express standards and criteria set forth in Article XIX. In granting a use by special exception, the Board may attach such reasonable safeguards, in addition to those expressed in this Chapter, as it may deem necessary to properly implement this Chapter and protect the public health, safety and welfare.
SECTION 2405 CONDUCT OF HEARINGS
A public hearing shall be held on any appeal filed under Section 2402 of this Chapter within sixty (60) days of filing of a complete application. The public hearing shall be held pursuant to public notice, as defined by this Chapter. In addition to the public notice, at least one
214 week prior to the hearing, the Board shall post at least one (I)copy of the notice on the affected property and shall mail a copy of the notice by regular mail to each adjoining property owner, including those located across a street right-of-way. The Board shall comply with all requirements of the Pennsylvania Municipalities Planning Code (Act 247, as amended) regarding conduct of the public hearing and rendering a decision.
SECTION 2406 FAILURE TO RENDER A DECISION
Where the Board fails to render a decision within the required forty-five (45) day period or fails to hold the required hearing within sixty (60) days of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time.
When a decision has been rendered in favor of the applicant because of failure of the Board to meet or render a decision, the Board shall give public notice of the decision within ten (10) days from the last day it could have met to render a decision. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this Section shall prejudice the right of any party opposing the application to appeal the decision to the Court of Common Pleas.
SECTION 2407 MEDIATION OPTION
Parties to proceedings authorized in this Article may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article once they have been formally initiated. Nothing in this Sub-section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. Any municipality offering the mediation option shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
A. Funding mediation.
9. Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
C. Completing mediation, including time limits for such completion.
D. Suspending time limits otherwise authorized in this Chapter or in the Pennsylvania Municipalities Planning Code (Act 247, as amended), provided there is written
215 e e 1, consent by the mediating parties, and by an applicant or Township decision-making e body, if either is not a party to the mediation. c. E. Identifying all parties and affording them the opportunity to participate. iB -1 . F. Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
G. Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in this Chapter. .:-A . .r I No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
SECTION 2408 FEES AND EXPENDITURES
2408.1 Fees:
The Board of Supervisors may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs. 0 a 2408.2 Stenographer's Appearance Fee and Transcripts: a The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and, in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.
2408.3 Expenditures:
Members of the Board may receive compensation for the performance of their duties as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors. Within the limits of funds appropriated by the Board of Supervisors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.
216 SECTION 2409 TIME LIMITATIONS
No person shall file any proceeding before the Zoning Hearing Board later than thirty (30) days after a preliminary or final application for development has been approved by an appropriate Township officer, agency or body, if such proceeding is designed to secure reversal or to limit the approval in any manner, unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest.
The failure of anyone, other than the landowner, to appeal from an adverse decision on an application for tentative approval of a Planned Residential Development or from an adverse decision by a Zoning Officer on a challenge to the validity of an Chapter or map filed pursuant to S916.2 of the Pennsylvania Municipalities Planning Code shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.
All appeals from determinations adverse to the landowner shall be filed by the landowner within thirty (30) days after notice of the determination is issued.
SECTION 2410 STAY OF PROCEEDINGS
Upon filing of any proceeding and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body, and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board, facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the Court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of the zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
All appeals from decisions rendered by the Zoning Hearing Board shall be taken to the Allegheny County Court of Common Pleas and shall be filed within thirty (30) days after the entry of the decision or, in the case of a deemed decision, within thirty (30) days after the date upon which notice of said deemed decision is given as required by §908(9) of the Pennsylvania Municipalities Planning Code (Act 247, as amended).
21 7 ARTICLE XXV
ADMINISTRATION AND ENFORCEMENT
SECTION 2500 INTENT
It is the intent of this Article to describe the procedures for administration, enforcement and amendment of this Chapter and the duties and responsibilities of the Zoning Officer.
SECTION 2501 ZONING OFFICER
The Zoning Officer shall be appointed by the Board of Supervisors and shall hold no elective office in the Township. The Zoning Officer shall meet the qualifications established by the Township and shall be able to demonstrate, to the satisfaction of the Township, a working knowledge of municipal zoning.
The Zoning Officer shall have all the powers and duties conferred on him by this Chapter and the Pennsylvania Municipalities Planning Code. The Zoning Officer shall administer this Chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use or change of use which does not conform to this Chapter. The Zoning Officer's duties shall include the following:
2501 .I Enforcement:
The Zoning Officer shall be empowered to institute Civil enforcement proceedings in accordance with the provisions of Section 2503 as a means of enforcement when acting within'the scope of his/her employment.
2501.2 Receipt of Applications:
The Zoning Officer shall receive applications for any new use or change of use filed in accordance with $2501.3 prior to the start of construction or establishment or change of the use by any landowner or lessee. Such application shall describe the proposed activity in sufficient detail to determine whether or not it meets the requirements of this and other applicable Township ordinances. Applications for Uses by Special Exception, Conditional Uses and Variances shall be filed in accordance with $1901.1, $1901.3, Section 2403 and Section 2404, whichever is applicable, and shall be forwarded by the Zoning Officer to the appropriate decision-making body. In addition, the Zoning Officer shall receive and forward all applications for appeals to the Zoning Hearing Board.
218 2501.3 Issuance of Permits:
It shall be unlawful to use or change the use of any structure or lot or erect, structurally alter or enlarge any structure without obtaining a Building/Zoning Permit or Certificate of Occupancy.
A. Buildinq/Zoning Permit:
It shall be unlawful to structurally alter, enlarge, move, remove or construct any structure without obtaining a Building/Zoning Permit. All applications shall be submitted in accordance with $2504.4. The Zoning Officer shall review all applications for compliance with applicable Codes and Ordinances and shall issue a Building/Zoning Permit or a written decision denying the permit which contains references to the Chapter requirements which have not been met within ninety (90) days of receipt of the application.
B. Permit for Temporary Structures:
Permits for temporary structures authorized by Section 2007 of this Chapter may be issued by the Zoning Officer only for the time that construction work is in progress and for a period not to exceed six (6) months. The permit may be renewed for an additional six (6) month period upon demonstration of continued need for the structures however, all temporary structures shall be removed upon completion of construction. Permits for all other temporary structures shall be subject to $1903.36 of this Chapter.
C. Certificate of Use and Occupancy:
A Certificate of Use and Occupancy shall not be required for any residential dwelling that exists on the date of adoption of this Chapter, unless a Building/Zoning Permit is issued for the movement, reconstruction or alteration of the dwelling which results in a change in the location of the dwelling, the total lot coverage or the total number of families housed in the dwe II i ng .
When a Building/Zoning Permit has been issued for the reconstruction, alteration or movement of any other structure or the construction of any new structure, including dwellings, it shall be unlawful to use or occupy that structure without a Certificate of Use and Occupancy. Upon completion of the construction, reconstruction, alteration, or movement of the structure, the holder of the Building/Zoning Permit shall notify the Zoning Officer that the work has been completed and the structure is ready to be used or occupied.
Upon inspection and determination that all applicable Ordinance regulations and any conditions attached to the issuance of the Building/Zoning Permit have been met, the Zoning Officer shall issue a Certificate of Use and Occupancy.
For all uses in all R-PI Regional Park, Districts, 6-PI Business Park, Districts, C,
219 Commercial, Districts, I, Industrial, Districts and for all multi-family dwelling units in any Zoning District, any change in occupancy from one owner or tenant to another or any change from one use to another of any structure or lot shall require the issuance of a Certificate of Use and Occupancy, whether or not a Building/Zoning Permit is required. Prior to occupying the lot, building or structure in which the change of use or occupancy is established, the landowner or lessee shall be required to make an application for a Certificate of Use and Occupancy. The Zoning Officer shall determine that all applicable regulations of this Chapter for the proposed change of use or change of occupancy have been met prior to issuing the Certificate of Use and Occupancy.
Issuance of all Certificates of Use and Occupancy shall be subject to payment of the required fee established from time to time by Resolution of The Board of Supervisors.
D. Additional Requirements for Certificates of Use and Occupancy for Home Occupations:
In addition to the requirements of §2501.3-C, above, for obtaining a Certificate of Use and Occupancy to conduct a home occupation, the person conducting the home occupation shall apply to the Township Zoning Officer in January of each year for renewal of the Certificate of Use and Occupancy. The application shall be made on forms provided by the Township and shall be subject to payment of the application fee established from time to time by Resolution of the Township Supervisors. Prior to issuing renewal of the Certificate of Use and Occupancy, the Zoning Officer may inspect the premises to determine continuing compliance with the requirements of this Chapter and the original Certificate of Use and Occupancy.
E. Additional Requirements for Certificates of Use and Occupancy for Adult Businesses:
Any person who operates an adult business, as herein defined, without a valid Certificate of Use and Occupancy issued by the Township shall be in violation of this Chapter. In addition to the requirements for obtaining a Certificate of Use and Occupancy specified in §2501.3-C above, all of the following requirements shall be met.
1. An application for a Certificate of Use and Occupancy to operate an adult business shall be made on a form provided by the Zoning Officer. The application shall be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of the gross floor area proposed to be occupied by the adult business.
2. The premises shall be inspected and found to be in compliance with all applicable codes and ordinances by the Township Fire Marshal and the Township Code Enforcement Officer. The Township Code Enforcement Officer and Township Fire Marshal shall complete their certification that the
220 e premises are in compliance or are not in compliance within twenty (20) days of receipt of the application by the Township.
3. If the applicant for an adult business is an individual, the individual shall sign the application for a Certificate of Use and Occupancy as the applicant. If the applicant is other than an individual, each individual who has a ten percent (10%) or greater interest in the business shall sign the application for a Certificate of Use and Occupancy as the applicant. If a corporation is listed as the owner of an adult business or as the entity who wishes to operate the adult business, each individual having a direct or indirect interest of ten percent (10%) or greater in the corporation shall sign the application for Certificate of Use and Occupancy as the applicant.
4. The fact that an applicant possess other types of Township permits shall not exempt the applicant from the requirement of obtaining a Certificate of Use and Occupancy to operate an adult business in accordance with the requirements of this Sub-section.
5. issuance of a permit under this Sub-section shall be subject to a finding that none of the following factors exist:
a. An applicant is under eighteen (18) years of age or any person performing, acting or depicted in any manner in the performance of such activity may or will be under the age of eighteen (18).
b. An applicant or applicant's spouse is overdue in hidher payment to the Township of taxes, fees, fines or penalties assessed against or imposed on hidher in relation to any adult business in the Township.
c. An applicant has failed to provide information reasonably necessary for issuance of the Certificate of Use and Occupancy or has falsely answered a question or request for information on the application form.
d. An applicant is residing with a person who has been denied a Certificate of Use and Occupancy in the Township to operate an adult business within the preceding twelve (12) months or is residing with a person whose Certificate of Use and Occupancy to operate an adult business has been revoked within the preceding twelve (12) months.
e. The fee required for a Certificate of Use and Occupancy by this Chapter has not been paid.
f. An applicant of the proposed adult business establishment is in 0 22 1 a violation or is not in compliance with any of the provisions of this Chapter.
g. An individual applicant or any individual holding a direct or indirect interest of ten percent (10%) or greater of a corporate applicant, if the . applicant is a partnership; or the manager or other person in charge of the operation of the applicant's business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania, if such conviction shall have occurred within two (2) years of the date of application in the event of a misdemeanor and within five (5) years of the date of application in the event of a felony.
6. The Certificate of Use and Occupancy, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult business. The Certificate of Use and Occupancy shall be posted in a conspicuous place at or near the entrance to the adult business so that it may be easily read at any time.
7. The annual fee for an adult business permit shall be five hundred dollars ($500.00),until such fee may be amended from time to time by Resolution of the Township Supervisors.
8. An applicant or holder of a Certificate of Use and Occupancy shall permit representatives of the Police Department, Fire Marshal, Code Enforcement Officer, Zoning Officer or other Township Departments or Agencies to inspect the premises of an adult business for the purpose of insuring compliance with the law, at any time that the adult business is occupied or open for business.
9. Any person who operates an adult business or his agent or employee shall violate this Ordinance if helshe refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
10. The Certificate of Use and Occupancy shall not be transferrable to another person or any other property or adult business.
11. Each Certificate of Use and Occupancy shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in this Sub-section. Application for renewal shall be submitted to the
222 a a e Township Zoning Officer at least thirty (30) days before the expiration date e and, when made less than thirty (30) days before the expiration date, the a pendency of the application shall not prevent expiration of the Certificate of e Use and Occupancy. e 12. If the Zoning Officer denies renewal of a Certificate of Use and Occupancy, 6 the applicant shall not be issued a Certificate of Use and Occupancy for one (1) year from the date of denial, except after ninety (90) days have elapsed e since the date of denial, the applicant may be granted a Certificate of Use * and Occupancy if the Zoning Officer finds the basis for the denial of the e renewal of the Certificate of Use and Occupancy has been corrected or e abated.
13. The Zoning Officer shall suspend a Certificate of Use and Occupancy for a a period not to exceed thirty (30) days if he determines that the holder of a 0 Certificate of Use and Occupancy or an employee of the holder of the c Certificate of Use and Occupancy or an occupant of the premises has: e a. Violated or is not in compliance with any provision of this Chapter. 0 b. Engaged in excessive use of alcoholic beverages while on the premises of the adult business, unless the premises is licensed by the a PLCB. a 6 c. Knowingly allowed possession, use or sale of controlled substances d on the premises. a d. Refused to allow an inspection of the adult business premises as a authorized by this Chapter. a c, e. Knowingly permitted gambling or prostitution by any person on the e adult business premises. a f. Knowingly allowed any action of sexual intercourse, sodomy, oral a copulation, masturbation or other explicit sexual conduct to occur in or 8 on the premises. a g. Failed to man managers' stations and/or maintain viewing rooms as set forth in s1903.l-G of this Ordinance. e a 14. The Zoning Officer shall revoke a Certificate of Use and Occupancy if a 1.I cause of suspension set forth in this Ordinance occurs and the permit has a been suspended within the preceding twelve (12) months. a
223 a a e e a a a a F. Additional Requirements for Certificates of Use and Occupancy for a Incinerators: a The Certificate of Use and Occupancy for an approved incinerator shall be subject to a continued compliance with the installation and operating permits required by Article Xxvl. a a 2501.4 Expiration of Permits: a If, after approval of conditional use or a use by special exception, an application for a a Building/Zoning Permit to undertake work described in that application has not been submitted within twelve (12) months of the date of granting of approval by the Township, a approval of the conditional use or use by special exception shall expire automatically a without written notice to the applicant, unless the Board of Supervisors or the Zoning a Hearing Board, as the case may be, extends the approval upon written request by the a applicant prior to its expiration. a No BuildingEoning Permit for the erection, demolition, alteration or removal of buildings or a structures shall be valid after one (1) year from the date of issuance thereof, unless the a work authorized by such permit shall have been substantially commenced within one (1) year from the date of issuance and proceeded with, with due diligence. If, however, the a applicant has been delayed in proceeding with the work for which the permit was granted a by virtue of any reasonable cause and not due to his own negligence, the permit may be a renewed by the Zoning Officer without additional cost to the applicant for an additional six a (6) months. Upon showing good cause, no more than two (2) additional six (6) month e renewals shall be granted subject to the payment of a renewal fee established from time a to time by Resolution of the Board of Supervisors. a If, after commencement of construction, the work is discontinued for a period of three (3) a months without reasonable cause outside the applicant's or contractor's control, such a permits shall be void and work shall not be commenced until a new permit shall have been a issued. a 2501.5 Revocation of Permits: 0 A Building/Zoning Permit or Certificate of Use and Occupancy for any structure or use shall a be revoked and withdrawn by the Zoning Officer if the holder of such permit or certificate a has failed to comply with the requirements of this Chapter or with any conditions attached a to the issuance of the permit or certificate. Upon revocation of a permit or certificate, the a holder may also be subject to the enforcement remedies specified in Section 2503 of this a Chapter. 0 a a a a 224 0 a a a a
2501.6 Inspections: e a The Zoning Officer, or hidher representative duly authorized from time to time by Resolution of the Board of Supervisors, may examine, or cause to be examined, all a structures and/or land for which a Building/Zoning Permit or a Certificate of Use and a Occupancy has been applied for or issued. Such inspections may be made from time to a time during construction, if any, and prior to the issuance of a Certificate of Use and a Occupancy. a 2501.7 Registration of Non-conforming Uses, Structures and Lots: a a The Zoning Officer shall prepare and keep up to date a register of all non-conforming uses,' a structures and lots in accordance with the procedures specified in Section 2304 of this a Chapter. a SECTION 2502 RESPONSIBILITIES OF THE APPLICANT a It shall be the responsibility of the applicant to apply for and secure all permits and a certificates required by this Chapter. The applicant shall be obligated to contact the Zoning a Officer and secure a Certificate of Use and Occupancy after the completion of development a and/or prior to the occupancy of any structure or lot. Failure to secure necessary permits a or certificates or failure to apply for same in a timely fashion shall constitute a violation of this Chapter and shall be subject to the enforcement remedies specified in s2503.3of this a Chapter. a SECTION 2503 ENFORCEMENT a a 2503.1 Violations: a Failure to comply with any provision of this Chapter, or to secure a Building/Zoning Permit, e prior to the erection, construction, extension, alteration, or addition to a building, or failure to secure a Certificate of Use and Occupancy for the use or change of use or occupancy a of structures or land, shall be a violation of this Chapter. a 0 2503.2 Enforcement Notice: a a The Enforcement Notice shall contain the following information: a A. The name of the owner of record and any other person against whom the Township a intends to take action. a a B. The location of the property in violation. a C. The specific violation with a description of the requirements which have not been a a 225 a a m a ~ e a a e met, citing in each instance the applicable provisions of this Chapter a D. The date before which the steps for compliance must be commenced and the date e before which the steps must be completed. a E. That the recipient of the notice has the right to appeal to the Zoning Hearing Board a within a prescribed period of time in accordance with procedures set forth in this a Chapter. e a F. That failure to comply with the notice within the time specified, unless extended by a appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions e clearly described. e 2503.3 Enforcement Remedies: Any person, partnership or corporation who or which has violated or permitted the violation e of the provisions of this Chapter shall, upon being found liable therefor in a civil e enforcement proceeding commenced by the Township, pay a judgment of not more than e five hundred dollars ($500.00) plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, e levied or be payable until the date of the determination of a violation by the District Justice. a If the defendant neither pays nor timely appeals the judgment, the Township may enforce a the judgment pursuant to the applicable rules of civil procedure. Each day that a violation 0 continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this Chapter to have believed that there was e no such violation, in which event there shall be deemed to have been only one (1) such a violation until the fifth (5th) day following the date of the determination of a violation by the e District Justice and thereafter each day that a violation continues shall constitute a separate e violation. All judgments, costs and reasonable attorney fees collected for the violation of a this Chapter shall be paid over to the Township. a The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, a tolling the per diem fine pending a final adjudication of the violation and judgment. a Nothing contained in this Sub-section shall be construed or interpreted to grant to any a person or entity other than the Township the right to commence any action for enforcement e pursuant to this Sub-section. e e 2503.4 Causes of Action: e In case any building or structure is erected, constructed, reconstructed, altered, repaired, a converted or maintained or any building or structure or land is used in violation of this a Chapter or of any Ordinance or other regulation made under authority conferred hereby, e a 226 a a a a e The Board of Supervisors or, with the approval of the Board of Supervisors, the Zoning e Officer or other proper official, in addition to other remedies, may institute in the name of the Township any appropriate action or proceeding to: prevent, restrain, correct or abate e such unlawful erection, construction, reconstruction alteration, repair, conversion, a maintenance or use; to prevent the occupancy of any building, structure or land; or to e prevent any illegal act, conduct, business or use which constitutes a violation. a e SECTION 2504 APPLICATION PROCEDURES a All applications shall be submitted in a form and manner acceptable to the Township. All a applications shall be accompanied by the required fee established from time to time by 0 Resolution of the Board of Supervisors and which schedule of fees is available to the public e in the Office of the Township Manager. a All applications to be referred to the Planning Commission shall be filed at least thirty (30) a calendar days prior to the regular meeting of the Planning Commission at which the e application is to be considered. e 2504.1 Applications for Conditional Uses: e e All applications for conditional use approval shall be submitted and shall be processed in e accordance with the requirements of Sections 1901, 1902 and 1903 of this Chapter. e 2504.2 Applications for Uses by Special Exception: 0 e All applications for uses by special exception shall be submitted and shall be processed in 0 accordance with the requirements of Sections 1901, 1902, 1903 and 2404 of this Chapter. e 2504.3 Applications for Approval of a Land Development: e a All applications which require approval of a land development plan shall be submitted and processed in accordance with the requirements of the Township Subdivision and Land a Development Ordinance. e 0 2504.4 Application for Building/Zoning Permits: a All applications shall be made in writing to the Zoning Officer on forms provided by the a Township and shall be accompanied by the required fee. All applications shall include, as a a minimum, a plot plan as defined by this Chapter, in duplicate, and drawn to scale on a property survey which is current and sealed by a licensed land surveyor who is registered a by the Commonwealth showing all of the following: a A. Drawn to scale, preferably at a scale of one (I) inch equals twenty (20) feet. a (Smaller scale may be accepted in special circumstances if required data can be e a 227 e e 0 a e a e clearly shown). Photostatic reductions are acceptable if reduced to a scale of not e less than one (1) inch equals one hundred (100) feet and if legible. When used, a e photostat must contain a graphic scale. e e B. The entire lot for which application is being made. e e C. A North point. e D. Title and date, including the name of the owner of the lot for which the application e is made. 0 E. The dimensions of the lot. e a F. The names and widths of all streets and alleys upon which the lot is located. e G. Where the property is not on a corner, the distance in feet to the nearest intersection a and the name of the intersecting street (not including alleys). e 0 H. The location and size of all existing and proposed structures on the lot including any e porches, roof or other overhangs, stoops, chimneys, and any other obstructions of e open space. e 1. Location and size of all structures (that are on other lots) within fifty (50) feet of the e lot for which the application is made. a e- J. Any parking areas and their dimensions. e K. The distance between structures and parking areas. e L. The distance from the property lines to the structures and parking areas. 0 e M. The plan of lots and lot numbers if any, of the involved and abutting properties. If 0 not in a plan of lots, show Block and Lot Numbers from the Allegheny County Block 0 and Lot System. e N. The name of the plan of lots, if any. 0 e 0. The Plan Book Volume and Page where recorded; where there is no plan of lots, so e state on the Plot Plan. e e P. Screening (type and height), and type of surfacing of parking areas and driveways. e Q. For all applications other than single family and two-family dwellings, the e Pennsylvania Department of Labor and Industry File Number. e a 228 0 a 0 0 e e a In addition to the required data listed above, there shall be such other information as may be deemed by the Building Inspector as necessary in specific cases, to judge the plan in accord with the objectives indicated; omission of specific items may be accepted by the e Building Inspector by written decision when superfluous to the particular evaluation. 0 0 2504.5 Fees: e The Board of Supervisors shall establish a schedule of fees by Resolution, as well as a 0 collection procedure, for all applications submitted under the provisions of this Chapter. e The schedule of fees shall be posted in the Office of the Township Zoning Officer. e SECTION 2505 PROCEDURE FOR AMENDMENTS e e The Board of Supervisors may introduce andlor consider amendments to this Chapter and e to the Zoning Map, as proposed by a member of the Board of Supervisors, the Planning 0 Commission, or a petition of a landowner of property within the Township. e 2505.1 Petitions: e Petitions for amendments shall be filed with the Planning Commission at least thirty (30) e calendar days prior to the meeting at which the petition is to be heard. The petitioners, 0 upon such filing, shall pay an advertising deposit and a filing fee, in accordance with a e schedule fixed by Resolution of the Board of Supervisors. The Planning Commission shall. e review the proposed amendment and report its findings and recommendations in writing to the Board of Supervisors. a 0 2505.2 Referral: e e Any proposed amendment presented to the Board of Supervisors without written findings and recommendations from the Planning Commission and the Allegheny County Planning 0 Commission, shall be referred to these agencies for review at least thirty (30) days prior to e public hearing by the Board of Supervisors. The Board of Supervisors shall not hold a e public hearing upon such amendments until the required reviews are received or the e expiration of thirty (30) days from the date of referral. e 2505.3 Posting of Property: e 0 If the proposed amendment involves a Zoning Map change, a minimum of two (2) notices e of the public hearingshall be conspicuously posted on the property at least seven (7) days 0 prior to the date of the public hearing. e e e 229 e e e e e e e e e 2505.4 Public Notice and Public Hearing: e Before acting upon a proposed amendment, the Board of Supervisors shall hold a public a hearing thereon. Public notice, as defined by this Chapter, shall be given containing a brief e summary of the proposed amendment and reference to the place where copies of the same e may be examined. e a 2505.5 Readvertisement and Rehearing: e If after any public hearing is held upon a proposed amendment, the amendment is e substantially changed or revised to include land previously not affected by the amendment, e the Board of Supervisors shall hold another public hearing, pursuant to public notice, before e proceeding to vote on the amendment. e 2505.6 Publication, Advertisement and Availability: 0 Proposed amendments shall not be enacted unless the Board of Supervisors gives notice e of the proposed enactment, including the time and place of the meeting at which passage e will be considered and a reference to the place in the Township where copies of the e proposed amendment may be examined without charge or obtained for a charge not greater a than the cost thereof. 0 The Board of Supervisors shall publish the proposed amendment once in a newspaper of e general circulation in the Township not more than sixty (60) days nor less than seven (7) e days prior to passage. Publication of the proposed amendment shall include either the full e text thereof or the title and a brief summary prepared by the Township Solicitor setting forth e all the provisions in reasonable detail. If the full text is not included: e A. A copy thereof shall be provided to the newspaper at the time the public notice is e published. e 6. An attested copy of the proposed ordinance shall be filed in the County Law Library. a 0 2505.7 Action: e Within ninety (90) days of the date when the public hearing on the proposed amendment a is officially closed, the Board of Supervisors shall vote on the proposed amendment. In the e event substantial amendments are made in the proposed amendment before voting on 0 enactment of the amendment, the Board of Supervisors shall readvertise in one (1) newspaper of general circulation in the Township a brief summary setting forth all the e provisions in reasonable detail together with a summary of the amendments at least ten e (IO) days prior to enactment. e e a 230 e e a e 2505.8 Filing Amendment with County Planning Commission:
Within thirty (30) days after enactment, a copy of the amendment to this Chapter shall be forwarded to the Allegheny County Planning Commission.
2505.9 Mediation Option:
The Board of Supervisors may offer the mediation option as an aid in completing proceedings authorized by this Section 2505. The Township and the mediating parties shall meet the stipulations and follow the procedures set forth in Section 2407 of this Chapter.
SECTlON 2506 LANDOWNER CURATIVE AMENDMENTS
A curative amendment may be filed only by a landowner who desires to challenge, on substantive grounds, the validity of this Chapter or the Zoning Map or any provision thereof, which prohibits or restricts the use of development of land in which he has an interest.
2506.1 Procedure:
The landowner may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in Section 609.1 and 1004 of the Pennsylvania Municipalities Planning Code, Act 247, as amended. As with other proposed amendments, the curative amendment shall be referred to the Planning Commission and the Allegheny County Planning Commission at least thirty (30) days before the hearing is conducted by the Board of Supervisors. Public notice shall be given in accordance with Sections 610, 1004 and any other applicable provision of the Pennsylvania Municipalities Planning Code. The hearings shall be conducted in accordance with the provisions of Sub-sections (4) through (8) of Section 908 of the Pennsylvania Municipalities Planning Code and all references in that Section to the Zoning Hearing Board shall be references to the Board of Supervisors.
2506.2 Evaluation of Merits of Curative Amendment:
If the Board of Supervisors determines that a validity challenge has merit, the Board of Supervisors may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendment, plans and explanatory material submitted by the landowner and shall also consider:
A. The impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;
231 B. If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this Chapter or Map;
C. The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodlands, wetlands, flood plains, aquifers, natural resources and other natural features;
D. The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, flood plains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
E. The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
2506.3 Declaration of Invalidity by Cowrt:
If the Township does not accept a landowner's curative amendment brought in accordance with this Section and a Court subsequently rules that the challenge has merit, the Court's decision shall not result in a declaration of invalidity for this entire Chapter, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
232 e e e ARTICLE Xxvl 0 OPERATIONAL REQUIREMENTS FOR INCI N ERATORS
SECTION 2600 APPLICABILITY
This Article shall apply to incinerators as defined herein and shall supplement the express standards and criteria specified in §I 903.19. Any violation of these requirements shall constitute a violation of this Chapter and shall be subject to the provisions of $2503.
SECTION 2601 DEFINITIONS
For the purpose of interpreting this Article and the provisions of $1 903.19,the following terms, phrases and words shall have the following meanings unless the context clearly indicates othe wise:
AGRICULTURAL WASTE - Poultry and livestock manure or residual materials in liquid or solid form, generated in the production and marketing of poultry, livestock, fur-bearing animals and their products. The term includes the residual materials generated in producing, harvesting and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.
AIR CONTAMINANT - Any smoke, dust, dirt, noxious or obnoxious acid, fume, oxide, gas, vapor waste, toxic waste, particulate, pollen, radioactive solid, liquid or gaseous matter, malodorous matter, or any other materials in the open air, but excluding uncombined water.
AIR POLLUTION - The presence in the outdoor atmosphere of any form of contaminant including, but not limited to, the discharge from stacks, chimneys, openings, buildings, structures, open fires, vehicles, processes, or any other source of smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic e or radioactive substances, waste or any other matter which is in such place, manner or concentration inimical or potentially inimical to public health, safety or welfare, which is, or may be, injurious to human, plant or animal life, or to property, or which unreasonably interferes with the comfortable enjoyment of life or property.
AIR POLLUTION EPISODE - A period of time during which high air contaminant concentrations are or may be brought about by meteorological parameters which are conducive to the poor dispersion of air contaminants. "High concentrations" means those concentrations which may result in significant harm to human health or welfare. An Air Pollution Episode is defined to exist only when either a County-wide or localized Air Pollution Watch is in effect.
233 AMBIENT AIR - Portion of the atmosphere outside the property boundaries of the source under consideration or to which the general public has access.
ATMOSPHERE - The air that envelopes or surrounds the earth.
BEST AVAILABLE TECHNOLOGY - Equipment, devices, methods or techniques as determined by the Township which will prevent, reduce or control emissions of air contaminants to the maximum degree possible and which are available or may be made available.
CHEMOTHERAPEUTIC WASTE - Waste resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. Chemotherapeutic waste does not include waste containing antineoplastic agents that are listed as hazardous waste.
CLEARING AND GRUBBING WASTE - Trees, shrubs, and other native vegetation which are cleared from land during or prior to the process of construction. The term does not include demolition waste and dirt laden roots.
COMMERCIAL ESTABLISHMENT - Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, e restaurants, shopping centers and theaters.
COMMERCIAL WASTE - All solid waste emanating from establishments engaged in business. This category shall include, but is not limited to solid waste originating in stores, markets, office buildings, restaurants, shopping centers and theaters.
COMBINED AQUIFER - An aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined groundwater.
CONTAINER - A portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
COUNTY - Allegheny County, Pennsylvania
DRUM - A cylindrical metal shipping container which has a capacity between twelve (12) and one hundred ten (1 IO) gallons (45.4 and 41 6.4 liters).
DUST - Particulate matter which has, or may become airborne.
EMERGENCY - A condition created from the emission of a pollutant or pollutants that will be or is in an immediate or substantial endangerment to human health or welfare.
EMISSIONS - Air contaminants emitted into the outdoor atmosphere.
234 EMISSION LIMITATION-Any requirement established by lawwhich limits the quantity, rate or concentration of emissions, including, but not limited to, any requirement or combination of requirements relating to the operation, maintenance or design of a source, facility or air polI u ti on control equipment.
EMISSION TEST -Any evaluations, inspections, observations or tests designed to measure the quantity, rate or concentration of emissions, including fuel analyses, analyses of raw materials, intermediate products, final products or by-products, evaluations of air pollution control equipment, measurements of process parameters or other factors that may affect emissions.
EQUIPMENT MALFUNCTION - Any departure from normal operating procedures which results in the temporary emissions of pollutant or pollutants above the standards set forth in this Chapter.
EQUIVALENT OPACITY - That opacity which obscures vision to a degree equal to smoke of an equivalent Ringelmann number.
EXTREME ENVIRONMENTAL CONDITIONS - Exposure to: weather all of the time, temperatures consistently above 203 F (95C),detergents, abrasive and scouring agents, solvents, corrosive atmospheres or similar environmental conditions.
FACILITY - A combination of air contamination sources located on one or more contiguous or adjacent properties and which is owned or operated by the same person or by persons - . under common control. e FLUE - A duct, pipe, stack, chimney or conduit permitting air contaminants to be emitted * into the outdoor atmosphere which is of such nature as to permit the performance of the test e methods and procedures specified in this Article. m FORECAST - A prediction of weather conditions received from a Professional a Meteorologist in the Health Department or who is a consultant to the Health Department, a or a weather prediction from the United States National Weather Service. e FUEL -Any form of combustible matter, whether solid, liquid, vapor gas, or any combination a thereof, which is primarily intended for, .or used as, a source of heat.
FUEL BURNING OR COMBUSTION EQUIPMENT - Any furnace, boiler, apparatus, flue and all appurtenances thereto, used in the burning of fuel for the primary purpose of e producing heat or power by indirect heat transfer, or producing power by direct momentum e transfer. e e e a 235 e e e FUGITIVE AIR CONTAMINANT -An air contaminant of the outdoor atmosphere not emitted through a flue including, but not limited to, industrial process losses, stock pile losses, re- entrained dust and constructionldemolition activities.
FUME - Minute solid particulate generated by the condensation of vapors to solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination or chemical reaction.
GARBAGE - Solid waste resulting from animal, grain fruit or vegetable matter used or intended for use as food.
GROUNDWATER - All water beneath the surface of the ground excluding vadose water, vadose being that water above the water table but below the surface of the ground.
HAZARDOUS WASTE -A solid waste or a combination of solid wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
HOSPITAL WASTE - Wastes generated in any hospital or any health care facility or any pathological wastes (except for human and animal remains burned in a crematory incinerator), chemotherapeutic waste or infectious wastes generated in any facility.
INCINERATION - The combustion of wastes, including municipal wastes, in an enclosed device with the products of combustion directed to a flue.
INCINERATOR - A device designed to burn or oxidize solid, semi-solid, liquid or gaseous wastes or any combination thereof, for the primary purpose of volume reduction or of disposal, but not including devices used primarily as fuel burning or combustion equipment or as process equipment.
INDUSTRIAL WASTE - All solid waste resulting from manufacturing and industrial processes such as, but not limited to, those carried on in factories, processing plants, refineries, slaughter houses and steel mills.
INFECTIOUS WASTE - Waste that contains or may contain any disease producing microorganism or material. Infectious wastes include, but are not limited to, the following:
A. Those wastes that are generated by hospitalized patients who are isolated in separate rooms in order to protect others from their severe and communicable disease.
236 B. All cultures and stocks of etiologic agents.
C. All waste blood and blood products.
D. Tissues, organs, body parts, blood and body fluids that are removed during surgery and autopsy, and other wastes generated by surgery or autopsy of septic cases or patients with infectious diseases.
E. Wastes that were in contact with pathogens in any type of laboratory work, including collection containers, culture dishes, slides, plates and assemblies for diagnostic tests; and devices used to transfer, inoculate and mix cultures.
F. Sharps, including hypodermic needles, suture needles, disposable razors, syringes, Pasteur pipettes, broken glass and scalpel blades.
G. Wastes that were in contact with the blood of patients undergoing hemodialysis at hospitals or independent treatment centers.
H. Carcasses and body parts of all animals which were exposed to zoonotic pathogens.
1. Animal bedding and other wastes that were in contact with diseased or laboratory research animals or their excretions, secretions, carcasses or body parts.
J. Waste biologicals (e.g., vaccines) produced by pharmaceutical companies I for ' ' human or veterinary use.
K. Food and other products that are discarded because of contamination with etiologic agents.
L. Discarded equipment and equipment parts that are contaminated with etiologic agents and are to be discarded. - INSTITUTIONAL WASTE - All solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
MALODOR - An order which causes annoyance or discomfort to the public and which the Board of Supervisors determines to be objectionable to the public.
MATERIALS HANDLING - Process of transferring any solid, liquid or gaseous matter from one place to another, including, but not limited to, the unloading of raw materials for processing, intra-process transfers and the loading of products for shipment.
MIST - A suspension of any finely divided liquid except unadulterated water in any gas or atmosphere.
237 MULTIPLE CHAMBER INCINERATOR - Any article, machine, equipment or contrivance or part of a structure used to dispose of refuse by burning, consisting of three (3) or more refractory-lined combustion chambers in series physically separated by refractory walls, interconnected by gas passage ports or ducts and adequately designed for maximum combustion of the material to be burned.
MUNICIPAL WASTE - Garbage, refuse, industrial lunchroom or office waste, and other materials including solid, liquid, semi-solid, or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste, from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. These wastes are collected by a public or private hauler from more than one (1) waste generator. The term does not include chemotherapy, pathological, infectious, sewage sludge and radioactive contaminated and hazardous wastes.
MUNICIPAL WASTE INCINERATOR - A building, structure, facility or installation for reducing the volume of municipal waste through the use of incineration.
NEW SOURCE (INSTALLATION OF EQUIPMENT) - Any air contaminant source which is not completed and ready for use on the effective date of this Chapter and any existing source which is altered, replaced, or rebuilt after the effective date of this Chapter such that the amount of air contaminant emissions is increased.
OPACITY - The degree to which emissions of air contaminants reduce the transmission of light or obscure the view of an object in the background.
OPEN AIR - Any space outside of buildings or flues or any point at which air contaminants pass beyond the effective control of the person responsible for the source of the air contaminants.
OPEN BURNING - Any fire or combustion from which air contaminants pass directly into the open air without passing through a flue.
ORGANIC MATERIALS - Chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate.
PAPER MILL - A plant in which paper, paper board, cardboard, paper felt, or similar material is produced from waste paper products, wood chips or pulp slurry, including, but not limited to, mixers, former screens, suction bases, dryers, filters, paper rolls and other auxiliary equipment pertinent to the process.
238 PART PER MILLION (PPM) - A unit of concentration defined as one volume of gaseous air contaminants per million volumes of gas.
PARTICULATE MATTER - A material except uncombined water which is or has been airborne and exists as a solid or liquid at 70 F and 14.5 pounds per square inch absolute pressure.
PERSON - An individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal Government or agency, State institution and agency - or any other legal entity which is recognized by law as the subject of rights and duties. In the provisions of the act prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term “person” shall include the officers and directors of a corporation or other legal entity having officers and directors.
PM 10 - Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by an applicable reference method, or-equivaient or alternative method.
PRETEST PLAN - A detailed document to supply the Department of Environmental Protection (DEP) with sufficient information and specifications to determine if a proposed format of stock testing procedures is adequate to measure the emissions from a point or source.
PROCESS - A method, reaction or operation in which materials are handled’or whereby materials undergo physical change - that is, the size, shape, appearance, temperature, state or other physical property of the material is altered -- or chemical change -- that is, a substance or substances with different chemical composition or properties are formed or created. A process includes a!! of the equipment and facilities necessary for the completion of the transformation of the materials to produce a physical or chemical change. There may be several processes in a series or in parallel necessary to the manufacture of a product.
PROCESS EQUIPMENT - Any machine, device, system or other contrivance usedin any process, the use of which may cause emissions of any air contaminants, including flues and all appurtenances thereto, but not including equipment defined as fuel burning or combustion equipment or incinerators.
PROCESS FUGITIVE EMISSIONS - Any air contaminant entering into open air from a process by means other than a flue.
PRODUCTS OF COMBUSTION - All particulate and gaseous contaminants emitted as a result of the burning of refuse and combustible materials.
REFUSE - All materials which are discarded as useless.
239 e 0 RENDERING - A heated process, such as reduction cooking, drying, dehydrating, a digesting, evaporating and protein processing. .I RESIDUAL WASTE - Garbage, refuse, other discarded material or other waste including e solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, mining, and agricultural operations, and sludge from an industrial, mining or agricultural water e supply treatment facility, wastewater treatment facility, or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse. The term shall a not include treatment sludge from coal mine drainage treatment plants, disposal of which * is being carried on under a valid permit issued under the Clean Streams Law. a RESIDUE - Solid or semi-solid materials such as, but not limited to, ash, ceramics, glass, metal and organic substances remaining after incineration or processing. e e RINGELMANN SCALE - A scale by which the relative density of emissions of grey shade e may be compared, consisting of five equal steps, wherein Number 0 is equivalent to all white or no perceptible smoke and Number 5 is equivalent to all black. Emissions may be a compared to the Ringelmann Scale by comparison with the charts described in the e Department of Interior, U.S. Bureau of Mines Information Circular 8333. 0 a SALVAGE OPERATION -Any business, trade, industry or other activity conducted in whole e or in part for the purpose of salvaging or reclaiming any product or materials. a SWAGESLUDGE - The coarse screenings, grit and dewatered or air-dried sludge, septic e and holding tank pumpings, and other residues from sewage collection and treatment . a systems which require disposal. a SLUDGE - Solid, semi-solid or liquid waste generated from a municipal, commercial or e industrial waste treatment facility or wastewater treatment plant, water supply treatment e plant, or air pollution control facility, exclusive of the treated effluent from a wastewater e treatment plant. a SMOKE - Any gas-borne and airborne particles, resulting from combustion operations and e consisting of carbon, ash and other products of combustion any or all of which is present e in sufficient quantity to be observable. a SOLID WASTE - Garbage, refuse and other discarded materials including, but not limited e to, solid and liquid waste materials resulting from municipal, industrial, commercial, e agricultural and residential activities. a SOLID WASTE MANAGEMENT SYSTEM - The entire process of storage, collection, e transportation, processing and disposal of solid waste by any person engaging in the * process as a business or by any municipality, authority, county or any combination thereof. 0 e e 240 e 0 a SOURCE - Any structure, building, facility, equipment, installation, operation or other thing or any combination thereof, which may emit any air contaminant and which is located on one or more contiguous or adjacent properties and is owned or operated by the same person or by persons under common control or which is jointly owned or operated by two or more persons, but not including motor vehicles.
STANDARD CONDITIONS - A temperature of 70 F and a pressure of 14.7 pounds per square inch absolute.
STANDARD CUBIC FOOT OF GAS - That amount of gas which would occupy a cube having dimensions of one (1) foot on each side, if the gas were at standard temperature and pressure, calculated according to accepted engineering practice.
STANDARD DRY CUBIC FOOT OF GAS -That amount of gas which would occupy a cube having dimensions of one (I)foot on each side, if the gas were free of water vapor and at standard temperature and pressure, calculated according to accepted engineering practice.
STANDARD TEMPERATURE AND PRESSURE - Twenty degrees (20 ) centigrade and seven hundred sixty (760) millimeters of mercury.
TIGHT FILL -The matter in which organic materials are transferred from the delivery vessel into the storage vessel so that vapor loss of organic material at this connection is eliminated.
. _I. . TRADE WASTE - Any solid, liquid or gaseous waste resulting from the operation of any business, trade or Industry.
VAPOR BALANCE SYSTEM - A vapor transport system which diiects the vapors from the vessel being loaded into either a vessel being unloaded or a vapor control system or vapor holding tank.
VAPOR DISPOSAL SYSTEM - A system that is designed to control the release of volatile organic compounds displaced from a vessel during transfer.
VISIBLE EMISSIONS - Emissions of air contaminants which can be seen by the naked eye in contrast with any background.
The definitions of the Resolutions of the Pennsylvania Department of Environmental Protection, Chapter 25 Pennsylvania Code, as may be amended from time to time, are incorporated herein by reference.
24 1 0 e a SECTION 2602 GENERAL OPERATIONAL REQUIREMENTS * The operation of any incinerator approved in accordance with $1903.1 9 shall comply with 0 the following provisions: e A. No person shall operate, or allow to be operated, any single chamber incinerator.
B. No person shall burn refuse in an incinerator except in a multiple chambered incinerator in equipment determined by the Board of Supervisors to be equally e effective for the purpose of air pollution control. These incinerating devices shall e make full and proper use of components and appurtenances thereof to insure the e most efficient and complete combustion. *- - e C. All incinerators shall have an after burning residence time of at least 0.50 seconds at a temperature of 1400 F for putrescible and non-chemical refuse or a temperature of at least 250 F above the auto-ignition temperature of any chemical refuse.
0. All incinerators shall have an auxiliary burner for the purpose of maintaining a temperature of at least eight hundred degrees Fahrenheit (800 F) in the primary corn bustion cham be r.
E. No person shall cause, suffer, allow or permit the emission into the open air from any incinerator equipment, fly ash or other particulate in quantities greater than ,that shown in Figure 1 of this Article. Solid fuels will be considered as part of the refuse waste but No. 1 and No. 2 fuel oil and gaseous fuels and combustion air will not be so considered.
F. No person shall operate, or allow to be operated, any incinerator in such manner that visible emissions from such incinerator equal or exceed No. 1 on the Ringelmann Scale or an equivalent opacity at any time.
G. No person shall operate, or allow to be operated, any incinerator in such manner that emissions of particulate matter from such incinerator exceed the following rates at any time:
1. For incinerators with an actual charging rate less than four (4) tons-per hour, the rate of 0.1250 pounds per 100 pounds per tour of actual charge rate; or
2. For incinerators with an actual charging rate of four (4) tons per hour or greater, the rate specified below:
242 e a a Actual Charge Rate Allowable Emission In Tons Per Hour In Pounds Per Hour 0 4 10 e 8 15 a 12 20 e 18 27 24 33 32 40 * 40 4% a Linear interpolation shall be applied to determine the allowable emissions for 0 charge rates other than those specified above. 0 H. No person may permit the emission to the outdoor atmosphere of particulate matter 0 from any incinerator, at any time, in such a manner that the particulate matter concentration in the effluent gas exceeds 0.1 grain per dry standard cubic foot, a corrected to 12% carbon dioxide. 0 1. Measurements of afterburner temperatures shall be performed as specified in the * Allegheny County Source Testing Manual, entitled "Determination of Incineration 1) Temperatures". Measurements of particulate emissions shall be conditioned e according to the procedures set forth in the United States Environmental Protection a- Agency, 40 CFR 60, Appendix A entitled "Determination of Particulate Emissions e from Stationary Sources." e J. The incinerator shall be equipped with instruments for continuous monitoring and a recording temperature, oxygen hydrogen chloride, sulfur dioxide nitrogen oxide, * carbon monoxide, carbon dioxide combustion efficiency, and opacity. Redundance e shall be incorporated in the instrumentation and shall include at least one (1) back- * up system. K. The monitoring systems installed on the municipal waste incinerator shall meet the following minimum data availability requirements:
e 1. Carbon monoxide, combustion efficiency and temperature monitoring systems e - one hundred percent (100%) of the data hours during which the incinerator e is operating shall be valid hours and at least ninety percent (90%) of the data e required to be collected each hour shall be valid data. 0 2. Opacity monitoring systems - ninety-five percent (95%) of the data hours during which the incinerator is operating each day shall be valid hours. e 0 0 243 e e 3. Hydrogen chloride, sulfur dioxide and nitrogen oxide monitoring systems - ninety percent (90%) of the data hours during which the incinerator is operating each month shalt be valid hours.
4. Valid hours and valid data standards are set forth in the Continuous Source Monitoring Manual, Commonweatth of Pennsytvania, Department of Environmental Resources, Bureau of Air Quality Controt.
L. No person shall operate or allow to operate any incinerator or facility unless the fottowing anatysis and tests are conducted:
1. Ambient impact analysis of the facility shall be conducted for (1) arsenic and compounds; (ii)cadmium and compounds; (iii) hexamtent chromium and compounds; (iv) nickel and compounds; (v) lead and compounds; (vi) beryllium and compounds; (vi) mercury and compounds; and (viii) Polychlorinated dibenzo-P-dioxins PCDD and Polychlorinated dibenzo furans PCDF.
2. This analysis shall be conducted in accordance with the "Guidelines on Air Quality Modeling."
3. Source tests shall be conducted for: (i) particulate matter; (ii) carbon monoxide; (iii) hydrogen chloride; (iv) sutfur dioxide; (v) nitrogen oxides; (vi) arsenic and compounds; (vii) cadmium and compounds; (viii) hexavalent chromium and compounds; (ix) nicket and compounds; (x) tead and compounds; (xi) beryllium and compounds; (xii) mercury and compounds; and (xiii) PCDD and PCDF.
M. No person shall permit emissions into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectabte outside the property of the person on whose land the source is being operated.
N. A chemical analysis of composite samples of the ash residue from municipal waste incineration shatl be submitted prior to the disposat of ash or residue and at a minimum, monthly for the first six (6) months of incineration operations and quarterly during the remaining life of operation.
0. No incinerator as defined herein shall be permitted in the Township which disposes of waste classified by the Pennsylvania Department of Environmental Protection (DEP) or the Allegheny County Health Department as hazardous, toxic, hospital, infectious chemotherapeutic or industrial wastes as excluded in the definition of municipal waste in 25 PA Code.
244 P. No person shall cause, suffer, allow or permit the discharge from an incinerator of any air contaminant in quatities detrimental to heatth or property or adversely affecting the use or enjoyment of property.
SECTION 2603 BEST AVAILABLE TECHNOLOGY 7..
Municipal waste incinerator facilities, capable of firing municipal wastes at rates greater than or equat to fifty (50) tons per day shatl compty with the Best Availabte Technotogy (BAT) requirements along with New Source Performance Standards (NSPS). BAT and NSPA will serve as a baseline for determining Best Avaitable Control Technology (ACT) for Prevention of Significance Deterioration (PSD) requirements. The Best Available Technotogy requirements include the foltowing:
A. Emission Limitations
1. Particulate matter emissions, measured as PM 10 (particles with an aerodynamic diameter tess than or equat to a nominat I0micrometers), shatt not exceed 0.010 grains per dry standard cubic foot, corrected to 7% 02. Compliance with this limitation shatt be based on the average of three (3) consecutive test runs. Provisions must be made to reduce dew point cycling and the resutting damage to the particutate controt device.
2. Hydrochloric acid (HCI) emissions shall not exceed 30 ppmy, hourly average, corrected to 7% 02 on a dry basis; or, shall be reduced 90% (by weight) on an hourty average.
3. Sulfur dioxide (S02) on a dry basis; or, shall be reduced 75% (by weight) on an eight hour-running average. For the "top-down" BACT anatysis the reduction efficiency of 90% (by weight) shalt be considered.
4. Carbon monoxide (CO) emissions, as measured at a location upstream of the control devices, shatt not exceed: IO0 ppmv as an eight hour running average with a new average calculated each clock hour; and, 200 ppms as an howty average. These concentrations are to be corrected to 7% 02 on a dry basis. For the "top-down" BACT analysis 50 ppm shall be considered.
5. Combustion efficiency (C.E.) shall be at least 99.9% as an eight-hour averagewith a new average catcutated each clock hour, computed as foltows:
C.E. = (C02) x 100 (COZ) + (C0) (C02) = Concentration of carbon dioxide
245 (CO) = Concentration of carbon monoxide
For the "top dm"BACT analysis 99.95% shalt be considered.
6. Polychlorinated dibenzo-p-dioxins (PCDD) and polychlorinated dibenzo- furans (PCDF) emissions expressed as 2,3,7,8 tetrachtorinated dibenzo-p- dioxins (TCDD) equivalents using toxicity equivalence factors (TEFs), shall not exceed IngtMm, corrected to 7% 02 on a dry basis. Compliance with this limitation shall be based on the average of three (3) consecutive test runs.
7. Nitrogen oxide (NOx) emissions, expressed as NO2, shall not exceed 300 ppmv, daily average, corrected to 7% 02on a dry basis. The "top-down" BACT analysis shall consider "Selective Non-catalytic Reduction" methods such as Thermal "De-NOx" and "NOx OUT" processes for the control of NOX emissions.
8. Visible air contaminants shall not be emitted in such a manner that the opacity of the emission is equal to or greater than ten percent (10%) for a period or periods aggregating more than three (3) minutes in any one hour; or equal to or greater than thirty percent (30%) at any time.
SECTION 2604 OPERATING CRITERIA
An approved incinerator shall show continuing compliance with the following criteria:
A. The incinerator shall maintain the combustion gases at a temperature greater than 1800 F for at least one (1) second. The unit shall be equipped with automatically controlled auxiliary fuel burners to maintain the combustion gases at the aforementioned conditions under att waste firing conditions; and, to insure that the furnace will reach 1800 F prior to the introduction of waste. The Township shall determine the operating temperature and the gas residence time requirements on a case-by-case basis for any unit proposing advanced combustion technologies or burning specially prepared municipal waste. The applicant must affirmatively demonstrate that the combustion efficiencies and the emission rates of all air contaminants are comparable to those achieved by conventional technologies operating at the conditions specified above.
B. Large, bulky non-combustibles (e.g., water heaters, refrigerators) and difficult to burn, bulky combustible materials (e.g., mattresses, sofas) shall be excluded from the refuse charged to the furnace.
C. The tipping area shall be totally enclosed and operated at a negative pressure to prevent the escape of malodors. The air shall be used as primary Combustion air
246 in the incinerator. Open storage of municipal waste and ash are prohibited. Ash shalt be toaded in an enctosed area or handted wet in enclosed containers.
D. In addition to an inspection and maintenance plan, the owner or operator shall prepare a ptan of action for approvat by the Township. The ptan of-action shalt identify the steps and procedures the operator will follow to avoid exceedances of the emission limitations and operating conditions. The ptan shalt include descriptions of start-up and shut-down procedures; actions to be taken to correct anomatous operating conditions; and training of plant operators.
E. The charging of waste to the incinerator shall automatically cease through the use of an intertock system if:
1. The incinerator temperature drops below 1600 F for a period of at least fifteen (‘E)minutes, at the point at which the gas residence time is at least one (1) second; or
2. The combustion efficiency drops below 99.5% for a period of at least fifteen (15) minutes; or
3. The flue gas oxygen level drops below three percent (3%)(wet basis) for a period of at least fifteen (15)minutes; or
4. The opacity of the visible emissions is equal to or greater than ten percent (10%) for a period of at least fifteen (15) minutes.
Some deviation from the above temperature and flue gas oxygen limits may be permissible for those units utitizing advancsd combustion technologies or burning specially prepared municipal wastes. Should there be a cessation of feed, the charging of feed shalt be resumed only after meeting the required levels.
F. The exhaust gas temperature of the acid gas control device (prior to particulate control device) shatl not exceed 300 F unless a satisfactory demonstration is made that an equivalent control of condensable heavy metals and toxic organics can be achieved at higher exhaust temperature through the use of alternate technotogies.
SECTION 2605 tNSTALtATlON PERMIT
No person shall construct or install a municipal waste incinerator unless the person first appties for and obtains a permit from the Board of Supervisors under all requirements mandated by this Chapter. Nothing in this Section relieves a person of the requirements of an applicable protection act or an applicabte regutation promutgated under it. Permits shatl not be transferred or assigned to any other person, firm, corporation or entity. The
247 fees and requirements of the Subdivision and Land Development Ordinance, Chapter I18 of the Code of the Township shatt apply. AH information submitted to Pennsylvania Department of Environmental Protection for State permitting requirements shall also be submitted to the Board of Supervisors and the Ptanning Commission when apptying for the permit required by this Article.
2605.1 Pre-Appt ication Conference
The applicant shall participate in a pre-application conference with the Board of Supervisors and the Ptanning Commission to thoroughly review all the requirements of this Article and those applicable ordinances of the Township and other applicable laws and regutations that must be comptied with by the applicant.
2605.2 Application Requirements for Instaltation
A. An application for a permit under this Section shall be submitted to the Board of Supervisors in writing.
B. An application for a permit shall be accompanied by information, maps, plans, specifications, designs, analyses, test reports and other data as may be required by the Board of Supervisors.
C. Information in the application shall be current, presented clearly and concisely and supported by appropriate references.
D. An application for a permit shall be prepared by or under the supervision of a registered professionat engineer, experienced and knowtedgeabte in the municipal waste incinerator field.
E. An application shall contain a description of the documents upon which the applicant bases the legal right to enter, construct and operate a municipal waste incinerator facility or for processing and disposal of municipal waste within the proposed permit area.
F. The application shalt contain the following information:
1. The name, address and telephone number of:
a. The permit applicant; b. The contractor; c. Related parties and their relationship to the applicant; and d. Record owners and holders of a teasehold interest to the proposed permit area. * 248 a 2. A statement of whether the applicant is an individual, corporation, partnership, timited partnership, government agency, proprietorship, syndicate, joint venture or other entity and the following information:
a. Names and addresses of every officer, general and limited partner, director and other persons performing a function simitar to that of director;
b. For corporations, the principal sharehotders;
c. For corporations, the name, principal places of business and IRS tax identification numbers of U. S. parent corporations of the appticant.
d. Names and addresses of other persons or entities having or exercising control over any aspect of the proposed facility.
3. A statement as to whether the applicant or a related party has interest in or otherwise manages or controts a business of sotid waste collection, transportation, storage, processing, treatment or disposat.
4. List of permits or licenses that are currently in effect or have been in effect in at teast part of the previous ten (IO) years.
5. Identify the solid waste processing or disposal facilities in this Commonwealth which the appticant or related parties to applicant currently owns or operates, or owned or operated in the previous ten (IO) years.
G. An application shall contain the following information for the 10-year period prior to the date on which the application is fited:
‘t. Any notices of violation;
2. Description of any administrative orders, civil penalty assessments and bond forfeiture actions.
3. Description of any summary, misdemeanor or felony conviction, a plea of guitty or no contest that has been obtained or any other court proceeding in this Commonwealth or outside the Commonwealth against the applicant or retated party concerning environmental protection taws.
4. Description of a consent order, consent adjudication, consent decree or settlement agreement in this Commomnrealth or outside the Commonwealth entered by the applicant or related party concerning environmental protection taws.
249 5. If applicant is a corporation, a list of the principal shareholders that have also been principal shareholders of other corporations which committed violations of the environmental protection laws.
w. An application for a permit shall be verified by a responsible official of the applicant with a statement that the information contained in the application is true and correct to the best of the official's information and belief, and attested by a notary public.
1. An application for a permit shall include an environmental assessment containing a detailed analyses of the potential impact of the proposed facility on the environment, including traffic, aesthetics, air quality, water quality, stream flow, fish and wildlife, plants, aquatic habitat, threatened or endangered species, water uses, land use and public health and safety.
J. An application shall be accompanied by fourteen (14) copies of complete data, site information, plans, descriptions, specifications and drawings showing the design of the proposed incinerator and facility and how it will be operated and controlled, including but not limited to a schematic diagram of the facility indicating the operational flow pattern, the mechanical components and a manufacturers' warranty indicating the capacities, capabilities and compatibility of the various parts specified for the facility. 2605.3 Referral to Review Agencies m Any permit application submitted shall be referred to the following agencies for review and 0 comment, as well as any other agencies deemed appropriate by the Board of Supervisors a and /or Planning Commission: a A. Pennsylvania Department of Environmental Protection (DEP); .i B. Allegheny County Health Department; 0 C. Allegheny County Planning Commission; *d D. Allegheny County Conservation District Board; 0 E. Environmen ta I Protection Agency; and
F. Any other appropriate agency.
250 2605.4 Standards for Issuance of Installation Permit
A. No installation permit application shall be approved unless the applicant affirmatively demonstrates the following conditions are met:
1. Permit application is complete and accurate.
2. Municipal waste management operations can be feasibly accomplished under the application as required by the laws and this Chapter.
3. All laws, ordinances and regulations relating to environmental protection are complied with and approval has been given by the appropriate authorities.
4. Operations under the permit will not cause surface water pollution or groundwater pollution.
5. The proposed operation or its emissions will not endanger the environment or public health, safety or welfare.
6. Emissions from the proposed source or facility will not prevent the attainment and maintenance of the ambient air quality standards.
7. The incinerator and facility is designed, built and equipped in accordance with the best available control technology.
8. The facility is not located over any aquifer or groundwater recharge area.
9. The proposed facility will comply with all applicable New Source Performance Standards and National Emission Standzrds for Air Pollutants established by the United States Environmental Protection Agency.
2605.5 Fees for Installation Permit
A. A construction or installation permit fee of five hundred dollars ($500) shall be collected by the Board of Supervisors.
6. In addition, as a condition to reviewing the application, the applicant to said permit shall be required to pay a review fee that shall be equal to the charges of the Township's consultants for review of the permit application in accordance with Sections 503 and 510 g of the Municipalities Planning Code.
C. If in the form of a draft, it is to be made payable to the Township.
D. Said fee shall be paid into the Township treasury.
25 1 2605.6 Conditions of Installation Permit
A. The permittee shall conduct activities as described in the approved application.
B. The holders of the permit to construct or install an incinerator shall comply with all conditions contained in the permit, as well as applicable oidinances.
C. The permittee shall furnish written consent for the access and inspection of the facility at any time without advance notice or a search warrant by the designee of the Township. The consent for inspection shall include the right to perform any tests necessary to insure the Air Quality, Noise Quality and Health Standards of the Public, with the tests being made at the expense of the applicant.
2605.7 Modification of Permit
A permittee shall file an application for permit modification in conformance with all requirements of this Article.
A. An application for permit modification shall be required in the following cases:
1. Prior to making a change in the design plans in the application for which the permit was issued.
2. Prior to making a change that would affect the terms or conditions of the existing permit.
3. Prior to conducting any activities that are not approved in the permit.
B. An application for permit modification shall be complete and contain a description of the proposed modifications, including appropriate maps, plans and the like to demonstrate the proposed permit modification complies with the environmental protection laws and this Chapter.
2605.8 Term of Permit
A permit will be issued for a fixed term consistent with the approved design plans of the facility. No construction or installation can be done after the expiration of the permit term. An extension of the expiration date can be secured by written request to the Board of Supervisors stating the reasons for the request. If approved, the extension may be granted for a period of not more than six (6) months.
252 2605.9 Revocation and Cancellation of Permit
A. An Installation Permit can be revoked if:
1. Any statement made in the permit application is not true or material information has not been disclosed;
2. The incinerator or facility is not being installed or constructed in the manner indicated by the permit;
3. Air contaminants will not be controlled to the degree indicated by the permit;
4. Any purported or attempted transfer of a permit to a person not named therein as a permittee or any purported or attempted transfer of permit from one location to another or from one incinerator to another;
5. Any term or condition of the permit has not been complied with;
6. Access, as authorized by the Ordinance, to the premises or records, charts, instruments and the like is denied;
7. The source would prevent the attainment or maintenance of any ambient air quality standard.
B. The Board of Supervisors shall notify the permittee in writing of the revocation, and the notice shall state the permittee's right to a hearing. If the permittee requests a hearing in writing within ten (10) days of a revocation, the Board of Supervisors will hold a hearing on the revocation within fifteen (1 5) days of the request.
C. The Building Inspector or Zoning Officer or other designated representative of the Township shall cancel a permit if:
1. The construction has not begun within one (1) year from the date of issuance; or
2. Construction has been suspended for one (1) year or more.
SECTION 2606 OPERATING PERMITS
2606.1 GeneraI Requ i re rnents
A. No person shall own or operate a municipal waste incinerator unless the person first applies for and obtains an operating permit from the Board of Supervisors under all requirements mandated by this Chapter.
253 B. Nothing in this Section relieves a person of the requirements of any applicable protection act or any applicable regulation promulgated under it.
C. Permits shall not be transferred or assigned to any other person, firm or corporation or entity.
D. The fees and requirements of the Subdivision and Land Development Ordinance, Chapter 118 of the Code of the Township shall apply.
E. All information submitted to the Pennsylvania Department of Environmental Protection (DEP) for State permitting requirements and Allegheny County Health, Air and Planning Commission for County permitting requirements shall also be submitted to the Board of Supervisors and Planning Commission when applying for the permit required by this Article.
2606.2 Pre-Application Conference a Each applicant shall participate in a pre-application conference with the Board of 0 Supervisors and Planning Commission to thoroughly review all the requirements of this e Article and those applicable ordinances of the Township and other applicable laws and e regulations that must be complied with by the applicant.
2606.3 Application Requirements for Operating Permits
A. An application for a permit under this Section shall be submitted to the Board of Supervisors in writing.
B. Application requirements listed in 92605.2inclusive must be complied with and are hereby incorporated by reference herein the same as if they had been fully set forth at length.
C. An application shall contain the qualifications of all personnel who will be operating the facility.
D. An application shall contain an operating plan which includes:
1. A narrative description of the general operating plan for the proposed facility, including the original composition and weight or volume of solid waste that is proposed to be processed at the facility, the process to be used at the facility, the daily operational methodology of the proposed process, the loading rate, the proposed capacity of the facility and the expected life of the facility.
2. A plan for an alternative waste handling or disposal system during periods when the proposed facility is not in operation, including procedures to be
254 followed in case of equipment breakdown.
(0 3. An operational safety, fire prevention and emergency response plan that will adequately protect workers and patrons of the facility. e 4. A plan for hiring and training equipment operators and other personnel e concerning the operation and approved design of the facility. a 5. The proposed operating hours of the proposed facility. 0 a E. An application shall contain a topographic map, including necessary narrative a descriptions, which show the following: a 1. Boundaries and names of present owners of record of land, both surface and * subsurface, and including easements, rights-of-way and other property e interests, for the proposed permit area and adjacent area; and a description e of title, deed or usage restrictions affecting the proposed permit area. a 2. The boundaries of the land to be affected over the estimated total life of the d) proposed operation. 0 3. The location and name of surface water bodies, such as springs, streams, lakes, ponds, wetlands, constructed or natural drains and irrigation ditches * that are located on the proposed permit area and adjacent area. 4. The location and name of public and private water supplies that are located * on the proposed permit area and adjacent area. 0 a 5. The location of rights-of-way for high-tension power lines, pipeliries, railroads and public and private roads within three hundred (300) feet of the proposed e facility. * 6. The location of buildings currently in use within three hundred (300) feet of a the proposed facility. 7. The anticipated location of water quality monitoring points. 0 8. The location of underground mine shafts on the permit area and adjacent area. a 9. The location of the 100-year floodplain boundaries. e IO. The location of access roads to and within the proposed permit area, a including slopes, grades and lengths of the roads. e e 255 a a II. The location of barriers, fences and similar structures.
12. The water diversion, collection, conveyance, erosion and sedimentation control, treatment, storage and discharge facilities to be used.
13. The solid waste storage or loading areas. ' e
14. The areas of land for which a bond will be posted.
15. The location, size and use of buildings and related facilities which will be used in the operation, including their horizontal and vertical dimensions. e 16. The location of scales and weigh stations to be used in the operation. a 17. Utilities to be installed at the facility.
F. The application shall contain a design which includes a narrative description of: .
1. The sources, types and weight or volume of solid waste to be processed, including data on the moisture content of the waste, and information concerning special environmental pollution or handling problems that may be created by the solid waste.
2. The methods to be used to control the flow of waste to the facility, including a flow chart with a materials balance depicting the processing of solid waste and mechanical components of the processing system.
3. The interior dimensions of the tipping floor, storage area and, when applicable, ingress and egress thereto.
4. The size, type, capacity and general specifications of equipment for the handling, processing and storage of the waste.
5. The anticipated recovery rate of marketable materials or energy.
6. The actual or expected physical and chemical composition of ash, residue or wash water produced by operation of the facility.
7. The proposed location and method for disposal, storage or processing of ash, e residue or wash water produced by the operation of the facility. e e 8. The plan for separation, storage and ultimate disposal of unmarketable waste e generated by the process, including plans for the temporary storage of bulky waste. 0 0
256 9. The minimum volume or weight of the types of material or solid waste to be stored prior to sale, reuse or disposal, and the minimum and maximum time 0 that material or waste is to be stored.
IO. A plan for disposal or processing of waste if the facility or a processing line within the facility is closed or shut down.
1Q. Utilities to be installed at the facility.
12. Plans and designs for operating and maintaining the proposed facility to prevent fires, explosions, the emission of noxious or toxic gases and other emergencies.
13. A plan for repair or replacement of equipment in the event of equipment breakdown, including plans for obtaining spare parts.
G. The application shall contain designs, cross-sections and specifications for access e roads including load limits to demonstrate compliance with the requirements. e H. .The applicant shall submit a plan to manage surface water and control erosion .i during construction and operation of the facility. m 1. The applicant shall submit a soil and groundwater monitoring plan to detect i groundwater degradation or pollution and soil contamination from the facility. @ J. The application shall contain a plan to prevent and control hazards or nuisances * from vectors, odors, dust, noise and other nuisances.
#. The application shall contain a plan to control litter.
L. The application shall contain a contingency plan for emergency procedures.
M. An application shall contain a plan, including necessary designs, procedures and test protocols for analyses of ash residue from the incinerator. a N. Each application shall contain the following language, to be signed by the applicant: 0 "The undersigned hereby agrees that any official or employee of the County Health or Police Department or any official or employee of the Township or Police Department may enter the premises at any time the incinerator is in operation, to inspect the incinerator."
257 2606.4 Standards for Issuance of Operating Permit
A. No permit application shall be approved unless the applicant affirmatively demonstrates the following conditions are met: c I. Standards for issuance listed in $2605.4 inclusive must be met and are hereby incorporated by reference herein the same as if they had been fully set forth at length.
2. The incinerator and facility was constructed or installed in compliance with all terms and conditions contained in the applicable Installation Permit.
2606.5 Fees for Operating Permit
A. An annual operation permit fee of five hundred dollars ($500) shall be paid to the Board of Supervisors initially and on or before July 1st of each succeeding year.
B. In addition, as a condition to reviewing application, the applicant to said permit shall be required to pay a review fee that shall be equal to the charges of the Township e consultants for review of permit application in accordance with Sections 503 and 510 e g of the Municipalities Planning Code.
C. In addition to said annual fee, a charge as specified from time to time by Resolution of the Board of Supervisors for every ton of material or refuse processed in the incinerator shall be paid quarterly.
D. Such fees shall be verified by official records summarizing the amounts of material processed in the incinerator in the previous quarter.
E. Said fees shall be paid into the Township Treasury.
2606.6 Conditions of Operating Permit
A. The permittee shall conduct activities as described in the approved application.
B. The holder of the permit to operate shall comply with the conditions contained in the permit which may include, but shall not be limited to, attendance at an incinerator school for those responsible for the operation of incinerators, as well as compliance with the applicable ordinances.
C. The permittee shall furnish written consent for the access and inspection of the facility at any time without advance notice or a search warrant by the designee of the Township. The consent for inspection shall include the right to perform any tests necessary to insure the Air Quality, Noise Quality and Health Standards of the Public, with the tests being made at the expense of the applicant.
258 2606.7 Modification of Operating Permit
A. A permittee shall file an application for permit modification:
1. Prior to making a change in the operational plans in the application which the permit is issued.
2. Prior to making a change that would affect the terms or conditions of the existing permit.
3. Prior to conducting any disposal or processing activities that are not approved in the permit.
B. An application for permit modification shall be complete and contain a description of the proposed modifications, including appropriate maps, plans and the like to demonstrate the proposed modification complies with the environmental protection laws and this Chapter.
2606.8 Term of Operating Permit
A. An operating permit shall remain valid for the calendar year in which it is issued, unless revoked.
B. A permit issued shall be reviewed prior to its expiration.
C. No municipal waste shall be disposed or processed at a facility after the expiration of its permit term. However, expiration of the permit term does not limit the operator's responsibility for complying with requirements of any laws, acts or ordinances.
2606.9 Revocation of Operating Permit
A. An operating permit can be revoked if:
1. Any statement made in the permit application is not true or material information has not been disclosed;
2. The incinerator or facility is not being operated in the manner indicated by the permit;
3. Any purported or attempted transfer of a permit to a person not named therein as a permittee or any purported or attempted transfer of permit from one location to another or from one incinerator to another;
4. Air pollution control equipment installed at the facility has not been
259 e e maintained in good working condition; a 5. Any term or condition of the permit has not been complied with; e
6. Any requirement of this Chapter has not been complied with; e rl ., 0 7. Access, as authorized by this Chapter, to the premises or records, charts, a instruments and the like is denied; a 8. Emissions from the source are endangering public health, welfare or safety; e 0 9. Emissions from the source are preventing the attainment or maintenance of e any ambient air quality standards. a 6. The Board of Supervisors shall notify the permittee in writing of the revocation, and a the notice shall state the permittee's right to a hearing. If the permittee requests a a hearing in writing within ten (10) days of a revocation, the Board of Supervisors will hold a hearing on the revocation within fifteen (15) days of the request. 6 I) 2606.10 Renewal of Permit a 0 A. An operating permit shall be reviewed annually upon payment of the required fees and a finding that the requirements of the Chapter are being met. a 4 6. An application for renewal should be submitted at least sixty (60) days before the a expiration date of the permit. a C. The application for renewal shall include a clear statement of the remaining a permitted capacity of the facility, with documentation. a a D. A permit renewal, if approved, may only continue the term of the permit on its * presently permitted acreage, including the terms and conditions of the permit. e E. A permit renewal shall be for a term not to exceed the term of the original permit. a a SECTION 2607 REGULATIONS GOVERNING OPERATIONS e 0 2607.1 General Requirements e A. The operator shall maintain, in an operable condition, the equipment necessary for e the operation of the facility. Standby equipment shall be located on site or at a place 0 where it can be available within twenty-four (24) hours. a B. Areas within the buildings shall be kept clean. The plumbing shall be properly a maintained and the floor shall be well drained. The facility shall be inspected daily a
260 le e i, a to assure it is clean and properly maintained.
C. Provisions shall be made and incorporated into the operation of the facility to prevent dust from causing health, safety hazards or nuisances.
Q. All of the express standards and criteria contained in 51903.19 and all conditions attached to approval of the conditional use shall be complied with throughout the operation of the facility.
SECTION 2608 EMERGENCY PROCEDURES
A. An emergency plan shall be submitted to the Township and the Fire and Rescue Department serving the Township and Township Emergency Management Coordinator for final approval. The facility shall have ample emergency equipment on site as determined by the Township. The emergency plan shall describe arrangements, fire departments, hospitals, contractors and State and local emergency response teams to coordinate emergency services.
B. At all times there shall be at least one (1) employee either on the facility premises or on call with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's emergency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the emergency plan.
C. Each owner or operator shall be responsible for developing and implementing a contingency plan for effective action to minimize and abate hazards to human health and the environment from fire, explosion, emission or discharge of any material to air, soil, surface water or groundwater.
SECTION 2609 RECORD KEEPING AND REPORTING
A. The operator of a facility subject to this Chapter shall make and maintain an operational record for each day that municipal waste is received, processed or transported off-site.
B. The operator of a facility shall submit to the Board of Supervisors an annual operation report on or before July 1st of each year.
SECTION 2610 INSURANCE AND BONDING
A. The operator of a facility shall submit proof of financial responsibility or liability insurance sufficient to protect the general public from potential damages resulting from the operation of the facility. If said policy of liability insurance is canceled for any reason, notification shall be made in writing within one (1) day of said
26 1 e @ cancellation, and the facility shall immediately terminate operations until such policy a has been reinstated or renewed, or financial responsibility protecting against such a loss or damage has been provided to the satisfaction of the Township. e 5. A bond shall be submitted and shall provide for continuous liability from the initiation e of operations at the facility. The amount of the bond shall be based upon the estimated costs to the Township to complete final closure of the facility if it ceases e operations and to take any measures necessary to prevent adverse effects upon a public health and safety, public welfare and the environment during operation and a after closure. a e SECTION 2611 INSPECTIONS e A. The Code Enforcement Officer or other Township designated representative may a enter any premise for the purpose of inspecting any source of air contaminants and a associated equipment, and all records, charts, instruments and the like associated a therewith or for the purpose of determining compliance with any provision of this Chapter. e e 5. As part of the permit requirement, the operator shall furnish written consent for the e inspection of the facility at any time, without advance notice or a search warrant, by a the designee of the Township. e C. Testing and Monitoring: The consent for inspection shall include the right to perform a any tests necessary to insure the Air Quality, Noise Quality and Health Standards e of the Public, with the tests being made at the expense of the applicant. The Board of Supervisors may monitor tests conducted by the applicant and may also conduct a tests of its own. a e SECTION 2612 AIR POLLUTION EPISODES e e 2612.1 General Provisions e A. The Board of Supervisors shall have the authority to decrease the severity and e duration of air pollution episodes by requiring staged reductions in the emission of e air contaminants and general reductions in activities which place demands upon air e pollution sources or which result in generation of air contaminants, either directly or a indirectly, in conjunction with air quality measurements and meteorological forecasts. e 5. The goal of these reductions is the avoidance of conditions which may result in a significant harm to human health or welfare. a 2612.2 Source Curtailment Plans e e A. Any person responsible for a source of air contaminants from incinerators shall e e 262 e a e a a a a submit a source curtailment plan, consistent with good industrial practice and safe operating procedures, designed to reduce emissions of air contaminants during air e pollution episodes.
e B. Source curtailment plans shall be in writing and shall show the source of emissions, e the approximate emissions rate and percentage of reductions to be achieved upon a implementation, the time necessary after notification to implement the plan, and brief a description of the manner in which reductions will be achieved at the respective a states or levels of an air pollution episode. a a C. Source curtailment plans shall specify three (3) phases of curtailment actions. a 1. First Phase - provide for the reduction of emissions to the level required. e 2. Second Phase - provide substantial reduction of emissions of air e contaminants by ceasing, curtailing, deferring or postponing production and a allied operations. a 3. Third Phase - eliminate emissions of air contaminants by ceasing, curtailing e deferring and postponing production and allied operations. 0 a D. Curtailment shall be obtained without causing injury to persons or substantial 0 damage to equipment. E. Source curtailment plans for incinerators shall specify what preparations have been e made to handle and store, or othetwise dispose of, refuse without incineration. a a F. Source curtailment plans shall be kept on the premises of the affected source and a made available to any person authorized to enforce the provisions of this Chapter. a SECTION 2613 STORAGE AND TRANSPORTATION e a 2613.1 Storage Requirements of Ash Residue a A. Ash residue from municipal waste incineration shall be stored in enclosed a containers, which may include a properly tarped container, or in an enclosed area, a which may include an adequately ventilated building. 0 a B. The residue shall be stored in such a manner to prevent the release, dispersal and a discharge of ash residue into the air, water or on to land. a 2613.2 Transportation of Ash Residue a Ash residue from municipal waste incineration shall be transported in an enclosed or covered vehicle that prevents the dispersal of ash residue. a 263 e 0 APPENDIX A ILLUSTRATION OF BUFFER AREAS
PROPERTY LINE
PROPERTY LINE t 8 N
t @ BUFFER AREA BOUNDARY BUFFER AREA BOUNDARY BUFFER AREA "A" BUFFER AREA "B"
PROPERTY LINE
OR LINE OF EVERGREEN TREES
22c
BUFFER AREA BOUNDARY BUFFER AREA "C'
OR
ZU YAK-
LQW LEVEL SCREEN WHERE PARKING FACES A BUFFER AREA APPENDIX B ILLUSTRATION OF CLEAR SIGHT TRIANGLE
VISIBILITY AT INTERSECTTONS
***# 5P oov3 **t e 0 a 0 a APPENDIX “C” e e ACCEPTABLE PLANT TYPES FOR BUFFER AREAS 0 Deciduous Trees: 0 Acer rubnun Red Maple Acer saccharum Sugar Maple 0 Fraxinus americana White Ash e Fraxinus pennsyhanica Green Ash 0 Liquidambar styraciflua American Sweetgum Liriodendron tulipifera Tuliptree a Quercus palustris Pin oak 0 Quercus phellos Willow Oak e Quercus rubra Red Oak a Tilia cordata Littleleaf Linden e Evergreen Trees: e Abies concolor Concolor Fir Pinus flexilis Limber Pine e Pinu strobus Eastern White Pine e Pseudotsuga menziesii Douglas Fir Shrubs: Aronia arbutifolia Red Chokecherry a Calycanthus floridus Carolina Allspice * Clethera alnifolia Sweetpepper Bush a Cornus sericea Redosier Dogwmd Hydrangea quercifolia Oakleaf Hydrangea e Ilex glabra Inkberry Holly e Ilex verticillata Winterberry Holly 0 Lindera benzoin Spicebush Mahonia aquifolium Oregon Hollygrape e Myrica pensylvanica Northern Bayberry 0 Rhus aromatica Fragrant Sumac e Staphylea colchica Colchis Bladdernut e Viburnum dentatum Arrow Wood e Viburnum prunifolium Northern Blackhaw a a 0 a e e e e a a “APPENDIX D”
“ILLUSTRATION OF BUFFERS FOR A PLANNED RESIDENTIAL DEVELOPMENTn
BUFFER AREA “A” - FRONT PROPERTY LINE
e BUFFER AREA “B” - SIDE AND REAR PROPERTY LINES “TABLE A”
“AUTHORIZED USES IN RESIDENTIAL ZONING DISTRICTS”
USES R-I R-2 R-3 R-4 R-5
Accessory Uses customarily incidental to and on the P P P P P same lot with any permitted use, conditional use or use by special exception authorized in this District. Bed and Breakfast SE N N N N
Churches cu cu cu N N
Conversion of Surplus School Space cu N cu N N
Day Care Center N N N SE SE
Day Care Center or Nursery School in a Church or SE SE SE N N School Essential Services P P P P P
Family Day Care Home as a Home Occupation SE SE SE N N
Fences P P P P P
Firehouses cu cu cu N N
Garden Apartments N N M P N
Group Care Facility or Transitional C~hg h‘ M N CU N
Group Home P P P N N
Home Gardening P P P P P
Home Occupations P P P .P P
Keeping of Domestic Pets P P P P P
Mobile Home Parks N N N N cu
No-Impact Home-Based Business P P P P P
Non-corn mercial Recreation N N cu cu cu Off-street Parking and Loading P P P P P
AI e a a USES R-3 R-4 R-5 Personal Care Boarding Home T N cu N Planned Residential Development cu - Planned Residential Development for a Retirement N N N Community Private Garages and Accessory Storage Buildings P not exceeding six hundred (600) square feet of gross floor area Private Garages and Accessory Storage Buildings SE exceeding six hundred (600) square feet of gross floor area Private Garages and Accessory Storage Buildings, N N N subject to 2003.3, Paragraph I Private Residential Swimming Pools or Tennis P P P
Private Stables SE SE N
Public Buildings cu cu cu
Public Recreation cu cu cu
Public Utility Buildings cu cu cu
Schools cu cu cu
Signs P P P - Single Family Dwelling P P P N N
Temporary Construction Trailer, Model Home or P P P P P Sales Office Temporary Use or Structure, other than a SE SE SE SE SE Construction Trailer, Model Home or Sales Office Townhouses N N N P N
P = Permitted Use CU = Conditional Use SE = Special Exception N = Not Permitted
A2 e e e e “TABLE B” 0 “AUTHORIZED USES IN NONRESIDENTIAL ZONING DISTRICTS” a USES RP C-1 C-2 C-3 C-4 C-R 6-P 1-1 1-2
Accessory Uses customarily incidental P PP P P P P PP to and on the same lot with any 0 permitted use, conditional use or use by special exception authorized in this District. *’Adult Businesses N NNN N N N CU CU 0 Animal Hospital N SE N SE SE N N NN *-0 Apartment Above Office or Retail N SE N SE N N NNN e Bakery, Commercial N NNN P N N PP Bakery, Retail N PP P P N P* N N
Beverage Distributor N NNP P N N NN
Bicycle Rental, Sales or Repair P PP P P N P* N N Billboards M M M SE N M M WN Boarding Stables CUMMN NCUNNN Business Services N PP P P N P PP
Business or Professional Offices N PP P P N PPP
Candy or Ice Cream Store P PP P P P NNN
CarWash N SE SE SE SE N NNN
Catering Business, (no hall rental) N PPP P N NNN e’Catering Business, (hall rental N NNP P N NNN permitted) Cemetery N NNSEN N N NN
Church N CU N CU N N NNN 0 Clinic Pl PI CU CU CU N CU M N e B1 USES RP C-1 C-2
Collection & Recycling Facility N NN
Co Ileg e N NN CommerciaI Recreation P cu cu Commercial School N N CU
Comparable Uses Not Specifically N SE SE Listed Composting Accessory to a Landfill INININ Conference Center N NN
Contracting Business N NN
Contractor’s Yard N NN
Convenience Store N PP Conversion of Surplus School Space N N N
Day Care Center or Pre-School Facility N SE SE
Delicatessen N PP
Drive-In Facility PP NP*P P N 1 PIP Drive-In Theater N NNNNNNP P Drugstore N NP
Employee Cafeteria or Dining Room N M N
Essential Communications Facility N NN
Essential Senrices N PP
Fences P P P Financial Institutions N PP Firehouse P NN
Funeral Home M NN
Garden Apartments N NN
B2 USES B-P 1-1 1-2
Garden Center NNN Group Care Facility N SE N Health Club PNN
Heavy Equipment Rental, Sales and NPP Repair Home Occupation in a Dwelling which NPP is a Nonconforming Use Hospital CU N N Incinerator N N CU
Indoor Entertainment NNN Juvenile Incarceration Facility CU CU N
Kennel NNN Landfill "ICU Landscaping Contractor NPP Library NNN
Light Manufacturing NPP
Mini-Warehouse or Self-storage NPP Buildings Mobile Home Sales N CU CU MotellHotel PNN
PNN Kl" N.N N Neighborhood Business NNN
Nightclub CU CU N
NNN 3% B3 cu e a e a e USES RP C-I c-3 C-R B-P 1-1
Off-street Parking and Loading PP P PPP
Personal Care Boarding Home N SE SE N CU N Personal Services NP P N P* N Pet Grooming NP N NNN I Pharmacy NP P N P* N Pilot Manufacturing NN N N CU P
NN P NPN
Private Club N SE SE N SE N
Public Buildings PP P MPN
Public Natural Area PN N PNN NN cu
PN N
NN P NN N i$ Regulation Golf Course NN N N CU N
Repair Shop N CU P
Research & Development MM M - Restaurant or Tavern MP P N
NN N
NN P NNN
Retail Stores, Specialty NP P CU N N School, Public or Private N CU cu NNN cService Station M SE SE MMP Sign Fabricator NN P NNP
B4 e 0 a a 1-1 1-2 0 PP a NN e NN e SE SE a e NN a NN a PP e * NN a e PP a SE SE a e MN * SE N * PP 0 e PP e PP a e PP e PP * PP *e PP eP= Permitted Use @ P* = Permitted After Approval of Supporting Commercial Uses in a Business Park aCU= Conditional Use SE = Special Exception aON = Not Permitted * B5 0 I) a a e -L MANAGER BOARD Ot S UPtRVlSORS CHAIRMAN
-M ZONING DIS lRlC T CLASSIFICA RONS
-N BP BUSINESS PARK
c-1 COMMUNITY COMMERCIAL
c- 2 SHOPPING CENTER
c-3 VILLAGE CENTER COMMERCIAL
c-4 HEAVY COMMERCIAL
CR COMMERCIAL RECREATION
1-1 LIGHT INDUSTRIAL
1-2 GENERAL INDUSTRIAL
R-1 LOW DENSITY SINGLE FAMILY RESIDENTIAL
R-2 MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL
R-3 HIGH DENSITY SINGLE FAMILY RESIDENTIAL -5 R-4 MULTIFAMILY RESIDENTIAL
R-5 MOBILE HOME PARK
RP REGIONAL PARK
2 3 4 5 6