Zoning Ordinance Ordinance
MIDDLESEX TOWNSHIP ZONING ORDINANCE
ORDINANCE NO. 3-89 YITH AMENDMENTS THROUGH MAY 1, 1991
Prepared For: Middlesex Township Cumber1 and County, Pennsylvania
Buchart -Horn, Inc. Consulting Engineers and P1 anners 55 South Richland Avenue P. 0. Box M-55 York, PA 17405 MIDDLESEX TOWNSHIP 350 N. MIDDLESEX ROAD, SLJITE 1 CARLISLE, PA 17013 249-4409 or 795-9631 FAX 249-8564
Board of Supervisors: Municipal Secretary: Zoning Officer: Robert M. Eppley, Charles W Shughart, Victor P Stabile Mary G. Justh Mark D. Carpenter
MEMORANDUM
To: Whom it may concern. From: Mark D. Carpenter, Middlesex Township Zoning Officer Date: October 17,2003 Subject: Summary of Amendments to Ordinance No. 3-89, known as the “Middlesex Township Zoning Ordinance”, enacted June 30, 1989.
There have been several amendments to Ordinance No. 3-89, the “Middlesex Township Zoning Ordinance” (hereafter “Zoning Ordinance”), originally labeled on cover, “with amendments through May 1, 1991” and originally enacted on June 30, 1989. As of this date, the following amendments have been subsequently made to Ordinance No. 3-89. This list was compiled for information purposes to summarize the content of the Ordinances. For details, refer to the text of the Ordinances. (Note: Ordinance No. 6-93 later deleted the original Article II? of Ordinance No. 3-89 entirely).
Ordinance No. 91-3, enacted June 5, 1991. Amending the Zoning Ordinance by revising the Zoning Map as provided under Article 111, Section 3.02 by deleting a portion of the existing Industrial General (“IG”) Zoning District and by increasing the Commercial Highway (“CH”)Zoning District.
Ordinance No. 6-93, enacted August 4, 1993. Amending the following parts of the Zoning Ordinance; Article VI, Section 6.02 (“RF-Residential Farm Districts”) to permit Planned Residential Developments within the RF-Residential Farm Districts and by deleting the original Article XVI relating to Planned Residential Developments and adding a new and revised Article XVI regulating Planned Residential Developments. (Note: Ordinance No. 3-00 later deleted the provisions of Ordinance No. 6-93 entirely).
Ordinance No. 6-94, enacted September 7, 1994. Amending the Zoning Ordinance by adding new Section 4.02 to Article IV providing for exceptions of application of requirements relative to Township uses.
Ordinance No. 7-94, enacted August 3, 1994. Amending the Zoning Ordinance by adding Article XXII which creates a new Zoning District known as “RT-Residential Towne”; amending Section 3.01 of the Zoning Ordinance to include the RT-Residential Towne District in the list of Districts; and amending the Zoning Map as provided under Article 111, Section 3.02 by reducing the RF-Residential Farm District and to replacing said reduced area by the new RT District. (note: Ordinance No. 1-2003 later voided the provisions of Ordinance No. 7-94 by amending all provisions of Article mI).
(Page lof3) Ordinance No. 3-96, enacted April 26, 1996. Amending Article XXII of the Zoning Ordinance to permit lawful on-site potable water and sanitary sewage disposal facilities on lots in the RT-Residential Towne Zoning District containing an area of not less than sixty thousand square feet, and to modlfL lot width, yard dimensions, structure height, structure coverage and impervious area coverage for lots having areas of not less than sixty thousand square feet. (Note: Ordinance No. I-2003 later voided the provisions of Ordinance No. 3-96 by amending all provisions of Article XU''.
Ordinance No. 4-96, enacted July 3, 1996. Creating civil penalties and procedures for violation of non-criminal ordinances, including violations of the Zoning Ordinance, and repealing portions of inconsistent ordinances.
Ordinance No. 12-97, enacted November 6, 1997. Amending the Zoning Ordinance by revising the Zoning Map as provided under Article I11 Section 3.02 by reducing a portion of the RS-Residential Suburban Zoning District and replacing said reduced area by VC-Village Center Zoning District.
Ordinance No. 98-2, enacted March 4, 1998. Amending the following parts of the Zoning Ordinance; Article V Section 5.02.E., Article VI Section 6.02.H., add new Section 12.05.E.to Article XI1 to allow personal wireless service facilities as a Special Exception Use, add new Section 14.52 to Article XIV providing for regulation of antennas and personal wireless service facilities, their placement, height, support structure, safety and setbacks, fencing, landscaping and other requirements.
Ordinance No. 3-98, enacted March 4, 1998. Amending the Zoning Ordinance by amending the Zoning Map as provided under Article I11 Section 3.02 by reducing a portion of the RF-Residential Farm Zoning District and replacing said reduced area by VC-Village Center Zoning District.
Ordinance No. 8-98, enacted May 6, 1998. Amending the following parts of the Zoning Ordinance; Section 2.03 of Article I1 (Definitions) to include additional andor amended definitions, all provisions of Section 10.03.E. and Section 10.03.H. of Article X (CH - Commercial Highway Districts), all provisions of Article XI (LI - Light Industrial Districts) and all provisions of Article XI1 (IG - Industrial General Districts).
Ordinance No. 3-00, enacted June 20, 2000. Amending the Zoning Ordinance by deleting Section 6.02 I of Article VI and by deleting Article XVI, Planned Residential Developments.
Ordinance No. 4-01, enacted July 11, 2001. Amending the following parts of the Zoning Ordinance; Article 11, Section 2.03 by adding terms and definitions, various Articles and Sections to permit forestry in all zoning districts, adding Section 14.53 to Article XIV providing requirements for Forestry and Timber Harvesting and all provisions of Article XIX Section 19.02.G. regarding notice requirements with respect to zoning ordinance amendments and hearings with respect thereto.
(Page 2 of 3 ) Ordinance No. 4-02, enacted October 2, 2002. Amending the Zoning Ordinance by revising the Zoning Map as provided under Article 111 Section 3.02 and rezoning a portion of the CH - Commercial Highway Zoning District to IG - Industrial General Zoning District.
Ordinance No. 5-2002, enacted October 2, 2002. Amending the following parts of the Zoning Ordinance; Article I1 Section 2.03 by adding terms and definitions, Article 111 Section 3.11 .A. and Section 3.11 .B. by providing provisions applicable to the UDA - Unified Development Area Overlay District, by creating Article XVI, UDA - Unified Development Area Overlay District, amending Article XVIII by adding Section 18.13 to provide for Conditional Use approvals by the Board of Supervisors and establishing an application fee for Conditional Use applications.
Ordinance No. 1-2003, enacted February 12, 2003. Amending the following parts of the Zoning Ordinance; Article I1 Section 2.03 by adding terms and definitions and by adding all provisions of Article XXII, (RT - Residential Towne District).
Ordinance No. 3-03; enacted August 13, 2003. Amending the following parts of the Zoning Ordinance; Article I1 Section 2.03 by adding terms and definitions, Article V (OS-ConservatiodOpen Space Districts) add Section 5.03.G. to permit no- impact home-based businesses as accessory uses, Article VI (RF-Residential Farm Districts) add Section 6.03.G. to permit no-impact home-based businesses as accessory uses, Article VI1 (RC- Residential Country Districts) add Section 7.03.G. to permit no-impact home-based businesses as accessory uses, Article VnI (RS-Residential Suburban Districts) add Section 8.03.F. to permit no- impact home-based businesses as accessory uses, Article IX (VC-Village-Center Districts) add Section 9.03.G.to permit no-impact home-based businesses as accessory uses, Article XVI (UDA- Unified Development Overlay Area District) add Section 16.05.A.1. to permit no-impact home- based businesses as accessory uses, Article XXII (RT-Residential Towne District) revise Table 1 to permit no-impact home-based businesses as accessory uses, adding Section 14.54 to Article XIV (Supplementary Regulations) providing permitting procedures and requirements for no impact home-based businesses including providing for dwelling inspection and setting fees for the issuance and renewal of permits for no-impact home-based businesses.
Ordinance No. 4-2003, enacted August 13,2003. Amending the following parts of the Zoning Ordinance; Article 11, Section 2.03 by adding terms and definitions, all provisions of Article 111, Section 3.1 1.A., all provisions of Article 111, Section 3.11.C and Article XVI, UDA - Unified Development Area Overlay District by providing for a Traditional Neighborhood Development option within the UDA - Unified Development Area overlay district.
Ordinance No. 5-2003, enacted October 1, 2003. Amending the following parts of the Zoning Ordinance with respect to requirements for non- conforming uses; revise a section reference in Article XV Section 15.01.C and all provisions of Article XV Section 15.01.C.1.c.
( Page 3 of 3 ) -TABLE -OF CONTENTS
-PAGE ARTICLE I SHORT TITLE AND PURPOSE Section 1.01 Short Title 1-1 Section 1.02 Purposes 1-1 Section 1.03 Community Development Objectives 1-2
ARTICLE I1 DEF IN IT IONS Section 2.01 General Interpretation 11-1 Section 2.02 Rules of Interpretation 11-1 Section 2.03 Terms Defined 11-2
ARTICLE I I I ESTABLISHMENT OF DISTRICTS Section 3.01 List of Districts 111-1 Section 3.02 Zoning Map 111-1 Section 3.03 Interpretation of District Boundaries 111-1 Section 3.04 Establishment of Floodplain Conservation Districts 111-2 Section 3.05 Interpretation of Area Boundaries 111-4 Section 3.06 Boundary Changes 111-4
ARTICLE IV CONFORMANCE REQUIRED Section 4.01 Application of District Regulations IV- 1
ARTICLE V OS - CONSERVATION/OPEN SPACE DISTRICTS Section 5.01 Intended Purpose v- 1 Section 5.02 Permitted Uses . v- 1 Section 5.03 Accessory Uses v-1 Section 5.04 Special Exception Uses v-2 Section 5.05 Lot Area, Building Height and Yard Requirements v-3 Section 5.06 Minimum Off-street Parking Requirements v-3 Section 5.07 Minimum Habitable Floor Area v-3
ARTICLE VI RF - RESIDENTIAL FARM DISTRICTS Section 6.01 Intended Purpose v1-1 Section 6.02 Permitted Uses v1-1 Section 6.03 Accessory Uses VI -2 Section 6.04 Special Exception Uses v1-2 Section 6.05 Lot Area, Building Height and Yard Requirements v1-3 Section 6.06 Minimum Off-street Parking Requirements v1-4 Section 6.07 Minimum Habitable Floor Area VI -4 i --TABLE OF CONTENTS (CONTINUED)
PAGE ARTICLE VI1 RC - RESIDENTIAL COUNTRY DISTRICTS Section 7.01 Intended Purpose vii-1 Section 7.02 Permitted Uses vii-1 Section 7.03 Accessory Uses v11-1 Section 7.04 Speci a1 Exception Uses v11-2 Section 7.05 Lot Area, Building Height and Yard Requirements v11-3 Section 7.06 Minimum Off-street Parking Requirements v11-4 Section 7.07 Minimum Habitable Floor Area v11-4
ARTICLE VI11 RS - RESIDENTIAL SUBURBAN DISTRICTS Section 8.01 Intended Purpose VIII-1 Section 8.02 Permitted Uses VIII-1 Section 8.03 Accessory Uses VIII-1 Section 8.04 Speci a1 Exception Uses VIII-2 Section 8.05 Lot Area, Building Height and Yard Requ rements VIII-3 Section 8.06 Minimum Off-street Parking Requirements VIII-3 Section 8.07 Minimum Habitable Floor Area VIII-3
ARTICLE IX VC - VILLAGE CENTER DISTRICTS Section 9.01 Intended Purpose IX- 1 Section 9.02 Permitted Uses IX- 1 Section 9.03 Accessory Uses 1x-2 Section 9.04 Special Exception Uses 1x-2 Section 9.05 Lot Area, Building Height and Yard Requirements 1x-3 Section 9.06 Minimum Off-street Parking Requirements 1x-5 Section 9.07 Minimum Off-street Loading and Unloading Requ i rement s 1x-5 Section 9.08 Minimum Habi tab1 e F1 oor Area 1x-5
ARTICLE X CH - COMMERCIAL HIGHWAY DISTRICTS Section 10.01 Intended Purpose x- 1 Section 10.02 Use Standards x- 1 Section 10.03 Permitted Uses x-2 Section 10.04 Accessory Uses x-3 Section 10.05 Speci a1 Exception Uses x-3 Sect i on 10.06 Lot Area, Building Height and Yard Requirements x-4 Section 10.07 Minimum Off-street Parking Requirements x-5 Section 10.08 Minimum Off-street Loading and Unloading Requirements x-5 ,
ii --TABLE OF CONTENTS (CONTINUED1
-PAGE ARTICLE XI LI - LIGHT INDUSTRIAL DISTRICTS Section 11.01 Intended Purpose xi-1 Section 11.02 Use Standards xi-1 Section 11.03 Permitted Uses x1-2 Section 11.04 Accessory Uses x1-3 Section 11.05 Speci a1 Except i on Uses x1-3 Section 11.06 Prohibited Uses x1-3 Section 11.07 Lot Area, Building Height and Yard Requirements x1-4 Section 11.08 Mi nimum Off-Street Parki ng Requi rement s x1-4 Section 11.09 Minimum Off-street Loading and Unloading Requ i remen t s x1-4
ARTICLE XI1 IG - INDUSTRIAL GENERAL DISTRICTS Section 12.01 Intended Purpose x11-1 Section 12.02 Use Standards x11-1 Section 12.03 Permitted Uses x11-2 Section 12.04 Accessory Uses x11-3 Section 12.05 Speci a1 Exception Uses x11-3 Section 12.06 Prohibited Uses x11-3 Section 12.07 Lot Area, Building Height and Yard Requirements XI 1-4 Section 12.08 Minimum Off-street Parking Requirements x11-5 Section 12.09 Minimum Off-street Loading and Unloading Requirements x11-5
ARTICLE XI11 FP - FLOODPLAIN CONSERVATION DISTRICTS Section 13.01 General Provisions XIII-1 Section 13.02 Area Provisions XIII-2 Section 13.03 Speci a1 Exceptions and Vari ances - Additional Factors to be Considered XIII-4 Section 13.04 Development Which May Endanger Human Life XIII-5 Section 13.05 Activities Requiring Special Permits XIII-6 Section 13.06 Existing Structures in Flood Plain Areas XIII-10
ARTICLE XIV SUPPLEMENTARY REGULATIONS Sect i on 14.01 Accessory Buildings and Structures x1v-1 Sect i on 14.02 Temporary Structures for Dwell ing Purposes x1v-1 Secti on 14.03 Water Supply and Sewerage Faci 1 i ti es Required x1v-1 Sect i on 14.04 Exceptions XIV- 1 Sect i on 14.05 Required Street Access x1v-2 Sect ion 14.06 Corner Lots x1v-2 Sect i on 14.07 Through Lots x1v-2 Sect i on 14.08 Waiver of Yards x1v-3 Sect i on 14.09 Courts x1v-3 iii --TABLE OF CONTENTS (CONTINUED1
-PAGE Sect i on 14.10 Off-street Parking Requirements xiv-3 Section 14.11 Off-street Loading Requirements x1v-8 Section 14.12 Driveways x1v-9 I Section 14.13 Commerci a1 Vehicles XIV-10 Section 14.14 Storage of Motor Homes, Trailers and Boats XIV-10 Section 14.15 Arteri a1 Road and Interchange Development XIV-11 Section 14.16 Sign Regulations XIV-11 Section 14.17 Prohibited Uses In All Districts XIV-26 Section 14.18 Performance Standards XIV-27 Section 14.19 Fences and Walls XIV-31 Sect i on 14.20 Landscaping XIV-32 Section 14.21 Uses Not Provided For XIV-32 Section 14.22 Habitable Floor Area XIV-32 Section 14.23 Fire Escapes XIV-32 Section 14.24 Private Outdoor Swimming Pools XIV-32 Section 14.25 Garage/Yard Sales XIV-33 Sect i on 14.26 Microwave Antenna for Satellite Communications XIV-34 Section 14.27 Places of Worship XIV-35 Section 14.28 Cemeteries XIV-36 Section 14.29 Educational Institutions XIV-37 Section 14.30 Health and Welfare Institutions XIV-38 Section 14.31 Membership Clubs and Camps XIV-39 Section 14.32 Commercial Camps and Resorts XIV-40 Section 14.33 Mobile Home Parks XIV-41 Section 14.34 Trai 1 er Camps XIV-48 Section 14.35 Resources Remov a1 XIV-48 Section 14.36 Accessory Commerci a1 Uses XIV-50 Section 14.37 Resident i a1 Conversions XIV-51 Section 14.38 Mu1 tiple Dwell ings XIV-52 Section 14.39 Auction House for Household and Other Goods XIV-54 Sect i on 14.40 Farm Equipment or Lawn and Garden Sales and Service XIV-55 Section 14.41 Commerci a1 Kennel s XIV-56 Section 14.42 Bed and Breakfast Inns XIV-57 Section 14.43 SECTION RESERVED XIV-57 Section 14.44 Commercial Riding Stables XIV-57 Section 14.45 Wind Energy Conversion Systems XIV-58 Sect i on 14.46 Automotive Services XIV-59 Section 14.47 Hotels, Motels and Tourist Homes XIV-60 Section 14.48 Day Care Centers XIV-61 Sect i on 14.49 Business Conversions XIV-61 Sect i on 14.50 Adult Book Stores and Adult Theatres XIV-62 Section 14.51 Group Homes XIV-64
ARTICLE XV NON-CONFORMING USES, NON-COMPLYING BUILDINGS AND NON-CONFORMING LOTS Section 15.01 Non-Conforming Uses xv- 1 Section 15.02 Construction Approved Prior to Ordinance xv-3 iv --TABLE OF CONTENTS (CONTINUED).
-PAGE. Section 15.03 Registration of Non-Conforming Uses xv-3 Section 15.04 Non-Compl y i ng Bui 1 dings xv-3 Section 15.05 Non-Conforming Lots of Record xv-4 Section 15.06 Special Requirements in Floodplain Conservation Districts xv-4
ARTICLE XVI PLANNED RESIDENTIAL DEVELOPMENTS Section 16.01 St atemen t of Intent xvi-1 Section 16.02 Eligibility Requirements xv1-2 Section 16.03 Land Use Control and Density Requirements xv1-2 Section 16.04 Site Analysis xv1-4 Section 16.05 Site Design Requirements xv1-6 Section 16.06 Ownership, Maintenance and Preservation of Common Open Space XVI-10 Section 16.07 Devel opment in Stages XVI-12 Section 16.08 Application for Tentative Approval XVI-12 Section 16.09 Pub1 ic Hearings XVI-14 Section 16.10 The Findings XVI-14 Section 16.11 Status of Plan after Tentative Approval XVI-16 Section 16.12 Application for Final Approval XVI-17 Section 16.13 Juri sdi cti on XVI-20 Section 16.14 Enforcement Remedies XVI-20
ARTICLE XVI I ADMINISTRATION AND ENFORCEMEN7 Section 17.01 Appointment of Zoning Officer XVII-1 Section 17.02 Powers and Duties of Zoning Officer XVII-1 Section 17.03 Zoning Permits XVII-2 Sect i on 17.04 Cert i fi cate of Occupancy XVII-7 Section 17.05 Fees XVII-8 Section 17.06 Enforcement XVI 1-9 Section 17.07 Special Exception Uses xv 1 1 - 11
ARTICLE XVII I ZONING HEARING BOARD AND OTHER ADMINISTRATIVE PROCEED I NGS Section 18.01 Zoning Hearing Board Creation and Appointment XVIII-1 Section 18.02 Organization of the Zoning Hearing Board XVI 11-2 Section 18.03 Expenditures for Services XVIII-2 Section 18.04 Hearings XV 1 1 1-3 Section 18.05 Jurisdiction XVIII-5 Section 18.06 Zoning Hearing Board's Functions XVI 11-6 Section 18.07 Parties Appellant Before Zoning Hearing Board XVIII-9 Section 18.08 Time Limitations xv 1 11 -9
V ?-YXT,..... ,,_-,.-a .. .,,... -.,.... : i.-, -- , j : .. . 1.
'i
--TABLE OF CONTENTS (CONTINUED)
-PAGE Section 18.09 Stay of Proceedings XVI ii - 10 Section 18.10 Validity of Ordinance: Substantive Questions XVI 11 - 1 1 Section 18.11 Procedure to obtain Prel iminary Opinion XVI 1 1-14 Section 18.12 Mediation Option XVI 11 - 14
ARTICLE XIX AMENDMENTS . Section 19.01 Power of Amendment x1x-1 Section 19.02 Enactment of Zoning Ordinance Amendments x1x-1 Section 19.03 Curative Amendments x1x-3 Section 19.04 Publication, Advert sement and Availability of Ordinances x1x-5
ARTICLE XX APPEALS TO COURT Section 20.01 Land Use Appeals xx-1 Section 20.02 Jurisdiction and Venue on Appeal : Time for Appeal xx-1 Section 20.03 Appeals to Court: Commencement: Stay, of Proceedings xx-1 Section 20.04 Intervention xx-2 Section 20.05 Hearing and Argument for Land Use Appeal xx-2 Section 20.06 Judicial Re1 ief xx-3
ARTICLE XXI LEGAL STATUS PROVISIONS Section 21.01 Interpretation xx1-1 Section 21.02 Separabi 1 i ty xx1-1 Section 21.03 Repealer xx1-1 Section 21.04 Effective Date and Enactment xx1-1
vi ORDINANCE NO. 3 - 89
AN ORDINANCE OF THE TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, PENNSYLVANIA, REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES; THEIR CONSTRUCTION, ALTERATION, EXTENSION, REPAIR, MAINTENANCE AND ALL FACILITIES AND SERVICES IN OR ABOUT SUCH BUILDINGS AND STRUCTURES; PERCENTAGE OF LOT THAT MAY BE OCCUPIED; THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES; THE DENSITY OF POPULATION AND THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES; AND FOR THESE PURPOSES ESTABLISHING DISTRICTS AND BOUNDARIES AND DESIGNATING AND REGULATING AGRICULTURAL, RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND OTHER USES WITHIN SUCH DISTRICTS AND BOUNDARIES; PROVIDING FOR THE ADMINISTRATION OF THIS ORDINANCE AND PROVIDING REMEDIES AND PENALTIES FOR THE VIOLATION THEREOF. .
BE IT ORDAINED by the BOARD OF SUPERVISORS of the TOWNSHIP OF MIDDLESEX, in the County of Cumberland and the Commonwealth of Pennsylvania, as fol 1 ows :
ARTICLE I
SHORT TITLE AND PURPOSE
SECTION 1.01 - SHORT TITLE. This Ordinance shall be known as the "MIDDtESEX TOWNSHIP ZONING ORDINANCE".
SECTION 1.02 - PURPOSES. The fundamental purposes of this Ordinance are: to promote the safety, health, morals and general welfare; to encourage the most appropriate use of land throughout the Township; to conserve and stabilize the value of property; to prevent over-crowding of land; to avoid undue congestion of population; to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other requirements to promote emergency management preparedness and operati on; to promote and provide for the protection of and/or preservation of agricultural activities, wetlands, flood plains, aquifers, scenic and historic resources; to provide for a safe and adequate water supply; to provide for the availability of all housing types encompassing all basic forms of
1-1 housing; and to accomodate reasonable community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
SECTION 1.03 - COMMUNITY DEVELOPMENT OBJECTIVES. This Zoning Ordinance is to render a legal basis and framework to the development goals established by the Middlesex Township Board of Supervisors in the Middlesex Township Comprehensive Plan. The overall objective of guiding the future development of the Township is the creation of physical, economic and social environments which will continue to provide its residents with increasingly better places in which to live, work and play. Above all, protection of the public health, safety and general welfare is the basic objective of this Zoning Ordinance. This overall objective shall be deemed to include the following related and specific community development objectives, among others, as may be stated in the Middlesex Township Comprehensive Plan:
A. Accommodation of the projected population.
-# B. Encouragement of a diversified economy capable of providing employment for the projected population. C. Allocation of projected land uses throughout the community in order to promote a balanced framework of development. D. Development of efficient and convenient transportation facilities. E. Provision of adequate and efficient public facilities and utilities. F. Protection of social, cultural and aesthetic values.
1-2 ARTICLE I1 DEFINITIONS
SECTION 2.01 - GENERAL INTERPRETATION For the purpose of this Ordinance, the terms and words listed in this Section shall have the meaning herein defined. Words not herein defined shall have the meanings given in Webster's Unabridged Dictionary and shall be interpreted so as to give this Ordinance its most reasonable appl i cat i on.
SECTION 2.02 - RULES OF INTERPRETATION For the purpose of this Ordinance, the following rules of interpretation shall apply: A. Words in the present tense include the future tense. .. B. Words in the singular include the plural and words in the plural include the singular. C. The words "used" and "occupied" shall be construed to include the words "or intended, arranged or designed to be used or to be occupied, or offered for occupancy". D. The term "such as" shall be considered as introducing a typical or illustrative designation of items, and shall not be interpreted as constituting a complete list. E. The words ''person" and "owner" shall be deemed to include a corporation, unincorporated association and a partnership, or other legal entity, as well as an individual. F. The words "building" and "structure" shall be construed as if followed by the phrase "or part thereof". G. The word "lot" includes the words "plot" and "parcel". H. The word "watercourse" includes channel, creek, ditch, dry run, spring, stream and river. I. The word "erect" shall mean to build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any structure or building and shall also include the painting of exterior wall signs.
11-1 SECTION 2.03 - TERMS DEFINED For the purpose of this Ordinance, the following terms shall have the meanings set forth below: Accessory Use or Structure: A use or structure clearly incidental or subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building or land use. Addition: Any construction which increases the size of a building or - adds to a building. Advertisement: The outdoor display of any writing, printing, picture, painting, emblem, drawing, sign or similar device intended to invite or draw the attention of the public to any goods, merchandise, property, business, service, entertainment, amusement or industrial activity or establishment. Advertisinq Structure: Any rigid or semi-rigid material with or without advertisement displayed thereon situated upon or attached to or which is part of real property for the purpose of furnishing a background, base surface or support upon which an advertisement may be posted or displayed outdoors. Aaricul ture: The use of 1 and for agricultural purposes, i ncl udi ng farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce, provided, however, that the operation of any such accessory uses shall be secondary to that of the principal agricultural activities. Alteration: Construction which may change the structural parts, mechanical equipment or location of openings of a building but which does not increase the size of the building. ADartment: A living unit in a multiple dwelling structure. ADartment Conversion: Creation of two or more new living units by conversion of an existing structure. Aimlicant: A landowner or developer (or his agent) who has filed an application for any permit required by This Ordinance or an application for site development plan review, use by special exception or a variance as allowed by this Ordinance, including his heirs, successors and assigns. A~plication for Develoment: Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development including but not limited to, an application for a building permit, for the approval of a subdivision, plat or plan or for the approval of a development plan. ADDointinq Authority: The Township Board of Supervisors.
11-2 Auction House: A building used for the conduct of auction sales of goods by a State-1 icensed auctioneer or apprentice auctioneer. Three types of auction houses are defined: 1. Livestock Auction: A building used solely for the conduct of auction sales of livestock. 2. Vehicle Auction: A building used solely for the conduct of auction sales of motor vehicles. 3. Auction House for Household and Other Goods: A building used solely for the conduct of auction sales of household and other goods, specifically excluding 1 ivestock and vehicles. Authority: A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No.164), known as the "Municipality Authorities Act of 1945". Base Flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year. Basement: A story of a building where the floor is more than twelve inches but not more than half of its story height below the average level of the adjoining ground (as distinguished from a "cellar" which is a story more than one-ha1 f bel ow such 1 eve1 ) . Bed and Breakfast Inn: An owner-occupied dwelling in which a room or . rooms are rented on a nightly basis for periods of not more than thirty (30) days. Meals may or may not be provided. Bed and Breakfast Unit: A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not cooking or eating purposes. Billboards: Any structure or part thereof or any device attached to a structure for the painting, posting or otherwise displaying of information for the purpose of bringing to the attention of the public any produce, business, service or cause not necessarily located on or related to the premises on which the sign is situated. Board of SuDervisors: The duly elected governing body of the Township of Middl esex. Boardincl House: A dwelling or part thereof where meals and lodgings are provided for compensation for at least two (2) but not more than six (6) persons not transients and no public restaurant is maintained. . Buffer StriD: A strip of land at least ten (10) feet in width which may be a part of the minimum setback distance, free of any principal or accessory building or required improvement other than screening.
11-3 Buildinq: Any structure, either temporary or permanent, having walls and a roof or other covering, and designed or used for the shelter or enclosure of any person, animal, or property of any kind, including tents, awnings, or vehicles situated on private property and used for purposes stated above.
Buildinq Area: The horizontal area measured around the outside of the foundation walls plus the floors of roofed porches and roofed terraces, and including the area of accessory buildings if any. In the case of split-level dwellings, the "first floor area" shall be deemed to include floor areas on two non-overlapping levels, separated by a half story, or less, of height. Buildinq Heiqht: The vertical distance from the average finished grade of a building at the building line to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs. Buildinq Line (Buildinq Set-back Line): The line within a property usually parallel to the right-of-way or property line), defining the required minimum distance between any enclosed structure and the adjacent street right -of -way or property 1 ine. Front set-back line: The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot 1 ine. Side set-back line: The line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot 1 ine. Rear set-back line: The line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot 1 ine. Business: Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term "business" shall include the occupancy or use of a building or premises or any portion thereof for the transaction of business or the rendering or receiving of professional or personal service. Business Office Buildinq: A building used as offices and occupied by personnel to perform business, professional, administrative or clerical functions.
11-4 Camp: Any one or more of the following, other than a hospital, place of detention, school offering general instructions, or a trailer camp or trai 1 er court: ivDe 1 Any area of land or water of a design or character suitable for seasonal, recreational or other similar temporary living purposes; or TvDe 2 Any building or group of buildings of a movable, temporary or seasonal nature, such as cabins, tents, or shelters, which are located in a Type 1 Camp area; or Twe 3 Any land and buildings thereon, used for any assembly of . persons for what is commonly known as "day camp" purposes, whether or not conducted for profit and whether occupied by adults or by children, either as individuals, families, or groups. Campins Ground: A parcel of land used by campers for seasonal, recreational or other similar temporary living purposes in buildings of a movable, temporary or seasonal nature, such as cabins, tents, or shelters, but not including a trailer camp or trailer court. Camins Trailer: A canvas, folding structure, mounted on wheels and ,designed for travel, recreation and vacation use. Cartwav: The portion of a street right-of-way intended for vehicular use. Cellar: Any space in a building the structural ceiling level of which is less than four (4) feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible number of stories. Centralized Sewaqe System: A pub1 ic or private utility system designed to collect, centrally treat, and dispose of sewage from customers in compliance with Pennsylvania Department of Environmental Resources regulations or regulations of the Township, whichever may be more stringent. Centralized Water System: A public or private utility system designed to transmit potable water from a common source to customers in compliance with Pennsylvania Department of Environmental Resources regulations or regulations of the Township, whichever may be more stringent.
Certificate of Occu~ancv:' A certificate to be issued by the Zoning Officer upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies that all requirements and regulations provided herein and all other applicable requirements have been complied with.
11-5
.. . Clear Siqht Trianqle: An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center line. Commercial Advertisinq Siqn: Same as "Billboard" suDra. Commercial CamD: A business offering dormitories, cottages, cabins or similar nonpermanent accommodations, eating facilities, sanitary facilities and recreational and/or educational facilities to the public at large or any segment of the public on other than a transient basis. This definition does not include "Trailer Camp". Commercial Kennel : A business offering housing or boarding of domestic animals and which is operated for a profit. Commercial Recreation: A business such as a theater, bowling alley, pool hall, golf driving range, miniature golf courses, swimming pool or skating rink which offers recreational activities to the general public and which are operated for a profit. Commercial Resort: A business combining lodging, eating and recreational facilities as a single enterprise and offered to the public for profit. ,.Commercial Vehicle: Any automobile, van,- panel truck or other type of truck, tractor or trailer used for the delivery. of goods .whether or not such vehicle bears a business identification.
. _-Commercial Veterinary Kennel : A building used for the treatment, housing or boarding of domestic animals by a veterinarian. Commission: The Middlesex Township Planning Commission duly appointed by the Township Board of Supervisors. Common Ooen Space: A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for pub1 i c faci 1 i ti es . ComDletelv Dry Space: Space which will remain totally dry during flooding. Comwehensive Plan: The Comprehensive Plan adopted by the Board of Supervisors pursuant to Article I11 of the Pennsylvania Municipalities Planning Code which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Township, and includes any unit or part of such plan separately adopted and any amendment to such plan or part thereof. Conditional Use: A use permitted in a particular zoning district pursuant to conditions of the Zoning Ordinance.
11-6 Construction: The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes. County: The County of Cumberland, Commonwealth of Pennsylvania. County Planninq Commission: The Cumberland County Planning Commission and its professional staff. Court, Inner: An open space enclosed on all sides by exterior walls of a bui 1 ding . Court, Outer: An open space enclosed on three sides by exterior walls of a building. Dav Care Center: A state-1 icensed center providing supervision and facilities for children during the day. Decibel: The unit of measurement for the relative loudness of sounds to each other, being approximately the smallest degree of difference detectable by the human ear. Dedication: The deliberate appropriation of land by its owner for any general and public, or limited public, use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Densitv: The average number of persons, families, or dwellings per unit of area (acre, square mile, etc.). "Net residential density": Density of the building site. "Gross residential density": Density of the building site plus traversing streets, alleys and drives, open space and one-half of bounding streets.
DeveloDer: Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. DeveloDment: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading , excavation, mi ni ng , dredging or dri 11 i ng operations and the subdivision of land. Devel oDment P1 an: The provi si ons for devel opment i ncl uding a pl anned residential development, a plat of subdivision, all covenants relating 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
11-7 development plan" when used in this Ordinance shall mean the written and graphic materials referred to in this definition. Driveway: A private drive providing access between a public or private street or access drive and a permitted use or structure. Dwellinq: Any building or structure designed for living quarters for one or more families or housekeeping units, including mobile homes which are supported by a permanent foundation, but not including tents, cabins, travel trailers, boarding homes, rooming houses, convalescent homes, motels, hotels or other accommodations used for transient occupancy. Detached Dwell ing: A dwell i ng which i s compl etely surrounded by permanent open spaces. Semi-detached Dwelling: A dwelling, one side wall of which is a party or lot-line wall. Attached/Row Dwelling: A dwelling, the walls on two sides of which are party or lot-line walls. End-row Dwelling: Same as semi -detached.
* -. Dwellinq, Multi-Family: A detached building or a group of attached and semi -detached buildings designed for or used exclusively for residence purposes by more than two families or housekeeping units. Dwellinq, Sinqle-Family, Attached (Row).: A building used by one family, and having two party walls in common with other dwellings (such as row house or townhouse), except in the case of an end-of-row unit which only has one side wall which is a party or lot-line wall. Dwellins, Sinale-Family, Detached: A building used by one family, having only one dwelling unit, and having two side yards. Dwellinq, Sinqle-Family, Semi-Detached: A building used by one family, having one side yard, and one party wall in common with another dwelling. Dwellinq, Two-Family: A building used by two families, with one unit arranged over the other and having two side yards. Dwellinq Unit: A structure or entirely self-contained portion thereof designed to be occupied for living quarters as a single housekeeping unit, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit". A travel trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, inn, lodging, nursing, or other similar home, or other similar structure shall not be deemed to constitute a dwelling unit.
11-8 . Easement: The authorization by a property owner of a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose, within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee of the easement. Enqineer, Professional : A person duly 1 icensed as a professional . engineer by the State of Pennsylvania. Enqineer, Townshie: The Township Engineer or any consultant designated by the Board of Supervisors to review a subdivision plan and perform the duties of engineer in behalf of the Township. Essentially drv sDace: space which will remain dry during flooding, except for the passage of some water vapor or minor seepage. Family: One or more persons related to each other by blood, adoption, marriage, or otherwise by law, who are occupying the same dwelling unit and are living and cooking together as a single housekeeping unit, exclusive of foster children, household servants, and not more than two additional persons who are not so related. Apart from the above, not more than four persons living and cooking together as a single housekeeping unit ,though not so related, shall be deemed to constitute a family. A "fami\ly" as herein defined specifically excludes a boarding or rooming house, lodging house, club, fraternity, hotel or any similar group living arrangement. Farm EauiDrnent Sales and Service: The distribution, sale and/or servicing of new and used equipment and machinery, including construction equipment, commonly used for agricultural purposes. -Fill: Material placed or deposited on land so as to form an embankment or raise the surface elevation of the land including, but not limited to, levees, bulkheads, dikes, jetties, embankments and causeways. Flood, Flooded, or Floodins: A temporary inundation of normally dry land areas. Flood Frinqe: That portion of the flood plain outside the floodway. Flood of Record: The flood which has reached the highest flood elevation above mean sea level at a particular location. FloodDlain: A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation in a 100 year flood. F1 ood-Drone Area: Same as "fl oodpl ain" supra. F1 oodDroof, F1 oodproofed, F1 oodproofinq: any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
11-9 Floodway: The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one hundred (100) year magnitude without increasing the water surface elevation of that flood more than one (1) foot at any point. Floor Area: The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center. line of party walls separating two buildings, excluding cellar and basement areas used only for storage and the operation and maintenance of the building. Garaqe. Private: An accessory garage maintained only for the convenience of the occupant or occupants of the main building and in which no business or other use is carried on and no service is rendered to the general pub1 i c. Garaqe. Public: Any garage other than a private garage. A Public Garage may include servicing, repairs, washing or reconditioning of motor vehicles, and filling station facilities. Governinq Body: The Middlesex Township Board of Supervisors. Green Area: The portion of a lot which may not be occupied or covered by buildings or paved areas. Grow Home: A 1 icensed dwelling providing supervised non-transient lodging or residential services for not more than seven (7) persons including supervisory personnel, but excluding domestic help 1 imited to two (2) in number, in which some or all of the occupants are unrelated. Habitable Floor Area: The sum of the gross horizontal areas of all rooms of a building used for habitation, such as living room, dining room, kitchen or bedroom, but not including hallways, stairways, cellars, attics, service rooms or uti 1 i ty rooms, bathrooms, cl osets or unheated areas, such as enclosed porches or rooms without at least one window or skylight opening onto an outside yard or court. At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven (7) feet. The floor area of that part of any room where the ceiling height is less than five (5) feet shall not be considered as part of the habitable floor area. However, the habitable floor area for a mobilehome or manufactured home is the same as the gross floor area as defined above. Hiqhway: Same as "Street" suwa. Hazardous Material : Materials which have the potential to damage health or impair safety. Hazardous materials include, but are not limited to, inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium, and arsenic and their common salts, petroleum products, and radioactive material. Also included are floatable materials with the potential to cause physical damage, such as logs, storage tanks, and large containers.
11-10 Homes Association: An incorporated non-profi t organization operating under recorded land agreements through which (a) each lot and/or home owner in a cluster development or other described land area is automatically a member, (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's . activities, such as maintaining common property, and (c) the charge if unpaid becomes a lien against the property. Hotel: A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or are occupied for sleeping purposes by guests .and where only a general kitchen and dining room are provided within the building as an accessory use. House Trailer: Same as "Mobile Home" supra. Imervious Area: Any portion of a lot covered by material impenetrable by precipitation, including buildings, structures, parking 1 ots, parking areas and paved areas. For the purposes of this definition, all portions of parking lots and parking areas shall be considered as impervious area regardless of the degree of precipitation penetrability. Industrial Use: General Industrial Use: Manufacturing or storage uses which, because of their shipping, storage and other requirements, should not be located in close proximity to residential areas. Light Industrial Use: Manufacturing or storage uses which are characterized by uses of large sites, attractive buildings and inoffensive processes, and which can be compatible with neighboring residential uses. Interior Side: The side of a building which does not face a street or rear lot line. Junk Yard: Any area where waste or discarded or salvaged materials are brought, sold, exchanged, baled, parked, stored, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage or salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, salvaged machinery and the processing of used, discharged or salvaged materials as part of manufacturing operations.
11-11 Land DeveloDment: Any of the following activities: a. The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving: (1) a group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or (2) 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.
b. A subdivision of land. .. c. Excluded from this definition of land development are the foll owing : (1) the conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unl.ess such units are intended to be a condominium; (2) the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or (3) the addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subclause, an amusement park is defined as a tract or area used principally as the location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities. 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. Lawn and Garden Sales and Service: The distribution, sale and/or servicing of new and used lawn and garden equipment and machinery and the sale of 1 awn and garden suppl ies. Lodqinq House: A building or portion thereof, other than a hotel, containing not more than one (1) dwelling unit; where lodging is provided without meals for three (3) or more persons in addition to the family unit.
11-12 -Lot: A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit, and having frontage on a dedicated street or road. Corner lot: A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135 degrees. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135 degrees. Interior lot: Any lot other than a corner lot. Through lot: A lot extending between and having frontage on two streets. Lot Area: The area contained within the property lines of a lot (as shown on the Plat), excluding space within all streets and within all permanent drainage easements, but including the areas of all other easements. Lot-Coverase: The percentage of the lot area that is occupied by the bui 1 di ng area. Lot DeDth: The average horizontal distance between the front lot line and the rear lot line. ,Lot Line: A legally defined line dividing one lot from another. Front lot line: The line separating the lot from roads upon which it abuts. Rear lot line: The lot line opposite and most distant from the front lot line. Side lot line: Any lot line other than a front or rear lot line. Lot Width: The mean horizontal distance of a lot between the side lot lines, measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line; however, the mean lot width shall not be less than the required lot width. Manufacturinq: Any process whereby the nature, size, or shape of articles or raw materials are changed, or where articles are assembled or packaged. Mediation: A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
11-13 MembershiD Club and Camp: Buildings for lodging, eating, arid sanitary facilities, and lands owned, leased, or used principally by a private, fraternal, or social organization for such activities as hunting, fishing, scouting, etc. Microwave Antenna for Satellite Communication: A ground-based reflector, together with its pedestal and any other attachments and parts thereof, used or intended to receive or transmit radio or electromagnetic waves from an overhead sate1 1 i te or other sources. Minor reoair: replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep but not including any addition, change, or modification in construction, existing facilities, or permanent fixtures or equipment. Mobilehome: A transportable, single family dwelling intended for permanent occupancy, contained in one (1) unit, or in two (2) or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready far occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. For flood plain management purposes the term "mobile home" includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. Mobilehome Lot: A parcel of land in a mobilehome park, improved with the necessary uti1 ity connections and other appurtenances necessary for the erections thereon of a single mobilehome. Mobilehome Park: A parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobilehome lots for the placement thereon of mobilehomes. .- Mobilehome Subdivision: An area designed exclusively for mobile homes and mobile dwelling units where lots are sold, not rented . Motel: A building or group of buildings, whether detached or in connected units, used as individual sleeping or living units with direct outside access, designed primarily for transient vehicle travelers, and provided with accessory off-street parking facilities. The term includes buildings designed as tourist courts, motor lodges, auto courts, and other similar appellations, but shall not be construed to include mobil ehome parks. Motor Home: A portable, temporary dwelling to be used for travel or recreation, constructed as an integral part of a self-propelled vehicle. Multiple Dwellins Structure: A building housing three (3) or more dwelling units.
11-14 MuniciDalitv: Any city of the second class A or third class, borough, incorporated town, township of the first or second class, county of the second class A through eighth class, home rule municipality, or any similar general purpose unit of government which shall hereafter be created by the General Assembly of the Commonwealth of Pennsylvania. Nonconforminq Lot: A lot the area or dimension of which was lawful prior to the adoption or amendment of this Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment. Nonconforminq Structure: A structure or part thereof manifestly not designed to comply with the applicable use or extent of use provisions of this Ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of This Ordinance or amendment hereto, or prior to the application of This Ordinance or amendment to its location by reason of annexation. Nonconforminq Use: A use, whether of land or of structure, which does not comply with the applicable use provisions of this Ordinance or amendment hereto or hereafter enacted, whe-e such use was lawfully in existence prior to the enactment of this Ordinance or subsequent amendment hereto or prior to the application of this Ordinance or '1 amendment1 to its 1 ocat i on by reason of annexation.
': Official MaD: A map adopted by ordinance pursuant to Article IV of the ,MuniciRalities Planninq Code, as amended. On-lot Utilities: Sewage Disposal System: Any septic system or structure designed to biochemically treat sewage within the boundaries of an individual lot. Water Distribution System: A system for supplying and distributing potable water to a single dwelling or other building from a source located on the same lot. 100-Year Flood: A flood which is likely to be equaled or exceeded once every 100 years (i.e. that has a one percent chance of being equaled or exceeded in any given year). 100-Year Flood Elevation: The water surface elevations of the 100-Year Flood. ODen SDace: That portion of land open to the sky and usually reserved in a natural state or for agricultural or outdoor recreational use. PaDER: The Department of Environmental Resources of the Commonwealth of Pennsyl vani a.
11-15 .Parkinq Lot: An area of one or more parking spaces designed or used for the parking of motor vehicles and available to the public, whether for a fee or as an accommodation to clients or occupants. Parkinq Space: An off-street space available for the parking of a motor vehicle and which shall have dimensions of not less than ten (10) feet in width and twenty (20) feet in length, exclusive of passageways and driveways appurtenant thereto and giving access thereto. Penthouse: A structure located on the roof of the main building for purposes of living accommodations or housing of mechanical equipment. When the area of the penthouse exceeds 20 percent of the area of the roof or when the penthouse is to be occupied by persons, the penthouse shall be considered to be a separate story. Permanent Foundation: The term permanent foundation as it relates specifically to mobilehomes shall include a "skirt" around the perimeter of the mobilehome which shall be of masonry construction upon footers set below the frost line and oriented to the perimeter of the mobilehome so . as to provide a weather-tight joint on all four sides. Planned Residential Develoment: An area of land controlled by a ., landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of .. dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this zoning ordinance. Planninq Commission: Middlesex Township Planning Commission. -Plat: The map or plan of a subdivision or land development, whether preliminary or final. Premises: The area occupied by a business or other commercial, professional or industrial enterprise. When more than one such .enterprise occupies a building, each business area shall be considered a separate premises. Principal Buildinq: A building in which is conducted the main or principal use of the lot on which said building is located.
Private Property: . Includes land owned or leased by a sewer authority, municipal authority, water authority or company, or a privately owned public utility such as an electric company, natural gas transmission company. ProDertv Line: A recorded boundary line of a plot. Public Grounds: includes the fol 1 owing : a. parks, pl aygrounds , trails, paths and other recreational areas and other public areas;
11-16 b. sites for schools, sewage treatment, refuse disposal and other pub1 icly owned or operated facilities; and c. publicly owned or operated scenic and historic sites. Public Hearinq: A formal meeting held pursuant to public notice by the Board of Supervisors, Zoning Hearing Board or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Ordinance. Public Meetinq: 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 municipality. 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 . Radioactive Material : Any natural or artificially produced substance which emits radiation spontaneously. 5' ' .Resulatorv F1 ood Elevation: The 100-year flood elevation pl us a freeboard safety factor of one and one-half (1.5) feet. xRenewable Enerqv Source: Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes. Riqht-of-way: The total width of any land reserved or dedicated as a street, road, or other public or semi-public purposes. Roadway: Same as "Cartway" supra. Roomins House: Same as "Lodging House" supra. Setback Lines: Same as "Building Lines" supra. Sicrn: Any structure, device, light or object, including the ground itself or any part thereof, or any device attached thereto, or painted or represented thereon, which shall be used to identify, advertise or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which shall display or include any letter, word, model, number, flag, pennant, insignia, device or representation used as an announcement, direction or advertisement and which is intended to be seen from off the premises or from a parking lot, and shall be deemed to include signs which are affixed to the inside of
11-17 windows and glass doors and are intended to be seen from roadways or parking 1 ots . Signs, as defined, shall not include the following: (1.) Flags and insignias of any governmental agency or civic, charitable, religious, fraternal , or similar organization. (2.) Legal notices identification, informational, or directional signs erected or required by governmental bodies. (3.) Signs which are solely devoted to prohibiting trespassing, hunting, or fishing. Types of signs including the following: Business Siqn: A sign which directs attention to a use conducted, product or commodities sold, or service performed upon the premises. Commercial Advertisinq Siqn or "Billboard": An advertising sign, structure, or symbol erected and maintained by an individual or corporation upon which space there is displayed by means of painting, posting, or other method, advertising copy describing a wide variety of products- or services which are not necessarily made, produced, assembled, stored, or sold ,from the lot 'or premises upon which the advertisement is displayed. Ground Pole Siqn: A sign supported vertically by one (1) or more uprights, poles or braces placed in or upon the ground. Illuminated Siqn: A sign that provides artificial light directly or through any transparent or translucent material from a source of light connected with such sign, or a sign illuminated by a light focused upon or directed at the surface of the sign. Off-Premises Advertisinq Siqn: A sign which contains a message unrelated to a business or profession conducted upon the premises where such sign is located or which is unrelated to a commodity, service or entertainment sold or offered upon the premises where such sign is located. Permanent Siqn: Any sign which is intended to be displayed for a length of time in excess of sixty (60) days. Projectins Siqn: A sign which projects horizontally from and is supported by a wall of a building. Roof Siqn: Any sign or part thereof erected and maintained upon or above the roof of any building. Temoorarv Siqn: A sign which is displayed out of doors and intended to be displayed for a period of time not to exceed sixty (60) days.
11-18 Wall Sisn: A sign which is attached directly to or painted upon a building wall and which does not extend horizontally more than twelve inches (12") therefrom nor extend above the roof line. Sian Area: The area of the smallest triangle, rectangle or circle, or combination thereof, which can wholly enclose the surface of the sign. All visible faces of a multi-faced sign shall be counted separately and then totaled in calculating sign area. Three-dimensional signs shall be treated as dual-faced signs, such that the total area shall be twice the area of the smallest triangle, rectangle or circle, or combination thereof, which can totally circumscribe the sign in the plane of its largest dimension. Site Plan: A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the Township in unusual or special cases. Soil Survey: A scientific survey of soil conditions and characteristics prepared by an engineer or soil scientist and approved or certified by the Soil Conservation Service in the County. Special ExceDtion: A use in one or more districts for which the Zoning Heariing Board may grant a special use permit pursuant to the provisions of this Ordinance. Start of Construction: For flood plain management and flood insurance purposes only, the "Start of Construction" means either (1) the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or (2) the placement of a manufactured home on a foundation. Permanent construction as used in this definition does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Story: A story is that part of a building between the surface of any floor and the next floor above it or, in the absence of an upper floor, then the finished ceiling or roof above it. A "split level" story shall be considered a second story of a building if its floor level is six (6) feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two (2) feet below the top plate shall be counted as a story; and, if less than 2 feet below the top plate, shall be counted as a half-story. A basement shall be counted as a story if it averages more than five (5) feet above grade.
11-19 Street: Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, or any other way used or intended for use by vehicular traffic or pedestrians, whether public or private. The word "street" includes the entire right-of-way and is not limited to the cartway area. Street Line or Street Risht-of-way Line: The dividing line between a lot and a street. Structure: Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. Structural Alteration: Any change in the supporting members of a building, such as beams, columns, or girders. Subdivision: The division or redivision of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten (10) acres, not involving any new street or easement of access or any residential duel 1 ing , shall be exempted. Substantially ComDleted: Where, in the judgment of the Township Engineer, at least ninety percent (based on the cost of the required improvements for which financial security was posted pursuant to the Middlesex Township Subdivision and Land development Ordinance) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use. Substantial Improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the fair market value of the structure either (a) before the improvement or repair is started or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. SuDervi sors : The Middl esex Township Board of Supervisors. Tent: A collapsible shelter of canvas or other material. Tourist Home: A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. TownshiD: The Township of Middlesex, Cumberland County, Commonwealth of Pennsylvania.
11-20 Trailer CamD: Any lot; parcel, or tract of land upon which two or more tents, camping trailers, travel trailers, pick-up coaches, motor homes or any combination thereof are located or parked for temporary occupancy. Such camp shall not rent or sell tents or trailers or permit the parking or storage of occupied or unoccupied mobile homes, nor shall it include any eating facilities other than an enclosed snack or lunch counter. This definition does not include camps of the types that are commonly known as "Summer Camps", or State and Federally operated facilities. Tcansferable DeveloDment Riqhts: The attaching of development rights to specified lands which are desired by a municipality to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands within the municipality where more intensive development is deemed by the municipality to be appropriate.
' Travel Trailer: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel or recreation. Usable ODen %ace: The unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, and which is available and accessible to all occupants of the ,building or buildings on the said lot for purposes of active or passive outdoor recreat i on.
7Use: The specific purpose for which land or a building is designed, arranged, intended or for which it is or will be occupied or maintained. Variance: An approved modification of the provisions of This Ordinance for a particular property, and as provided in Section 912 of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Vehicle Bodv ShoD: A building or structure on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobi 1 es, trucks and other vehi cl es for conveyance. Vehicle ReDair Garaqe: A building or structure on a lot designed and/or used primarily for mechanical and/or body repairs, storage, or servicing to automobiles, trucks and similar vehicles. Vehicle Service Station: A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks and which may include accessory facilities for rendering vehicle services such as lubrication, washing and minor repairs. Watercourse: A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake, or other body of surface water, carrying or holding surface water, whether n tural or manmade. Water Survey: An inventory of the source, quantity, yield and use of groundwater and surface-water resources with n a municipality.
I 1-21 Wind Enerqv Conversion System: A device which converts wind energy to electrical or mechanical energy. Wind Rotor: A structure which contains the blades and hub that are used to capture wind for purposes of energy conversion. The wind rotor is usually located on a tower and along with other generating and electrical storage equipment, forms the Wind Energy Conversion System. -Yard: The open, unoccupied space on the plot between the property line and the front, rear and side building lines. Front Yard: The unoccupied ground area fully open to the sky between the street line, or by the street line established by the Official Map of the Township, or an approved Subdivision Plat, and a line drawn parallel thereto. Rear Yard: The unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto. Side Yard: The unoccupied ground area fully open to the sky between any property line other than a street or rear lot line, and a line drawn parallel thereto between the front and rear yards. Zoninq District: A portion of the Township or adjacent municipality(s) within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance (or the adjacent municipality’s Zoning Ordinance). Zoninq Hearinq Board: The Zoning Hearing Board of and for Middlesex Township. Zonins Map: The Zoning Map of Middlesex Township adopted hereunder, together with a1 1 amendments thereto subsequently adopted. Zoninq Officer: The zoning administrative officer or his authorized representative, including zoning inspector(s), duly appointed by the Township Board of Supervisors. Zoninq Ordinance: The officially adopted Middlesex Township Zoning Ordinance with any and all amendments thereto. Zoninq Permit: A written statement issued by the zoning officer, authorizing buildings, structures or uses consistent with the terms of this Ordinance and for the purpose of carrying out and enforcing its provision.
11-22 ARTICLE I11 ESTABLISHMENT OF ZONING DISTRICTS AND MAP
SECTION 3.01 - LIST OF DISTRICTS. For the purpose of this Ordinance, the territory of Middlesex Township is hereby divided into the following zoning districts. A. os - Conservation/Open Space Districts B. RF - Residential Farm Districts C. RC - Res i dent i a1 Country Di s tr i ct s D. RS - Resident i a1 Suburban Di s tri ct s E. vc - Village Center Districts F. CH - Commercial Highway Districts G. LI - Light Industrial Districts H. IG - General Industrial Districts
SECTION 3.02 - ZONING MAP. The boundaries of the above zoning districts are delineated on a map entitled "Middlesex Township Zoning Map" which accompanies and, with all explanatory matter thereon, is hereby made a part of this Ordinance. . ? SECTION 3.03 - INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists as to the boundakies of the zoning districts shown on the Zoning Map, the following rules shall apply. A. Boundaries indicated as approximately following the centerl ines of streets, highways or alleys shall be construed as following such centerl i nes. B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. > C. Boundaries indicated as approximately following municipality 1imits shall be construed as following such municipality limits. D. Boundaries indicated as following railroad lines shall be construed as midway between the main tracks. 3
111-1 E. Boundaries indicated as approximately following the centerl ines of streams, rivers or other bodies of water shall be construed as fol 1 owing such centerl i nes . F. Boundaries indicated as parallel to or extensions of features indicated in sub-sections A through E above shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map. F.
SECTION 3.04 - ESTABLISHMENT OF FLOODPLAIN CONSERVATION DISTRICTS A. DescriDtion of Areas 1. Basis of Flood Areas The various flood plain areas shall include land subject to inundation by waters of the one hundred (100) year flood. The basis for the delineation of these areas shall be the Flood Insurance Study (FIS) the results of which are graphically presented on the Flood Boundary and Floodway Map (Flood Boundary Map), Township of Middlesex, prepared by the Federal Emergency Management Agency, dated December 15, 1980, all incorporated herein. (a) The Floodway Area (FW) is delineated for purposes of this ordinance using the criteria that a certain area within the flood plain must be capable of carrying the waters of the one hundred (100) year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The Flbodway Area is shown on the Floodway Boundary Map. The lands in this Area are specifically defined in Floodway Data Table of the Flood . Insurance Study, Township of Middlesex, Pennsylvania ("Flood Insurance Study"). The F1 oodway Area a1 so i ncl udes floodway areas which have been identified in other acceptable studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study. (b) The Flood-Frinqe Area (FFl shall be that land of the 100 vear flood Dlain not included in the Floodway Area. The "basis for the outermost boundary of this Area-shall be the one hundred (100) year flood elevations contained in the flood profiles and also contained in the Floodway Data Table of the Flood Insurance Study (FIS) and as shown on the accompanying Flood Boundary Map. At any given point, however, elevation, rather than location relative to the one hundred (100) year flood boundary, shall be the determining factor as to the definition of the Flood- Fringe District.
111-2 7
The General Flood Plain Area (FA) shall be that flood plain area for which no detailed flood profiles or elevations have been provided. They are shown on the Maps accompanying the FIS prepared by FIA. Where the specific 100-year flood boundary cannot be determined for this area by the Zoning Officer to his satisfaction, using other sources of data such as the U.S. Army Corps of Engineers, Flood Plain Information Reports, floodway information from other Federal, State, or other acceptable source, or U.S. Geological Survey-Flood Prone Quadrangles, in addition to any flood elevation data that may be available, then the Zoning Officer may require the applicant for the proposed use, development or activity to determine this boundary in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, or computations shall be submitted in sufficient detail to allow a thorough technical review by the Township. 2. Overlay ConceDt. (a) The Flood Plain Areas described above shall be overlays to the existing underlying districts as shown on the Official Middlesex Township Zoning Map, and as such, the provisions of the Flood Plain Areas shall serve as a supplement to the underlying district provisions. (b) In the event of any conflict between the provisions or requirements of any of the Flood Plain Areas and those of any underlying zoning district, the more restrictive provisions shall apply. (c) In the event any provision concerning a Flood Plain Area is declared inapplicable or illegal as a result of any legi sl ative or admini strat ive actions or judici a1 decision, the regulations of the underlying district shall remain applicable. B. Zonincr MaD. The boundaries of the Flood Plain Areas are established as shown on the Floodway Boundary Map which is declared to be a part of this Ordinance and which shall be kept on file at the Middlesex Township Municipal Building for public inspection.
111-3 SECTION 3.05 - INTERPRETATION OF AREA BOUNDARIES Initial interpretations of the boundaries of the Flood Plain Areas shall be made by the Zoning Officer. Should an applicant dispute the boundaries of any of the Areas, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the Area boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
SECTION 3.06 - BOUNDARY CHANGES The delineation of any of the Flood Plain Areas may be revised by the Board of Township Supervisors where natural or man-made changes have occurred, or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, River Basin Commission, or other qualified agency or individual; and such studies provide the basis for such change. However, prior to any such change, the landowner or any other person seeking such change must obtain approval from the Federal Insurance Administration (FIA).
111-4 ARTICLE IV CONFORMANCE REQUIRED
SECTION 4.01 - APPLICATION OF DISTRICT REGULATIONS. The regulations established by this ordinance within each zoning district shall be minimun regulations and apply uniformly to each class or kind of structure or land, except as hereinafter provided. A. No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all the regulations herein specified for the zoning district in which it is located. B. No building or other structure shall hereafter be erected or a1 tered : 1. To exceed the height; 2. To accommodate or house a greater number of families; 3. To occupy a greater percentage of lot area; or 4. To have narrower or smaller rear yards, front yards, side yards or other open spaces (unless in conformance with the planned residential development regulations of this ordinance) than herein required or in any other manner contrary to the provisions of this ordinance applicable to the relevant zoning di strict . C. No part of a yard or other open space or off-street parking or loading space required in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building. D. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this Ordinance, E. No residential lot shall have erected upon it more than one Principal Bui 1 ding. F. Any use not permitted by this Ordinance shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this Ordinance, shall not be deemed to be an exhaustive list but is included for the purposes of clarity and emphasis and to illustrate by example some of the uses frequently proposed that are deemed undesirable and incompatible and thus prohibited.
IV-1 ARTICLE V OS - CONSERVATION/OPEN SPACE DISTRICTS
SECTION 5.01 - INTENDED PURPOSE. The regulations of this zoning district are designed to protect areas in the Township for the preservation and conservation of the natural environment and to permit and encourage the retention of open land, floodplain areas of streams, creeks and drainageways, and open land uses located to constitute a harmonious and appropriate part of the physical development of the Township. In keeping with the intended purpose of this zoning district and to generally define the location of certain conservation areas parallel to streams, creeks and drainageways within the Township, a minimum distance of one hundred (100) feet from each side of the centerline of such streams, creeks and drainageways is deemed to be the established boundary of such district, unless shown otherwise on the Zoning Map by location or dimension thereof. All uses within the OS District shall be subject to the following regul at i ons :
SECTION 5.02 - PERMITTED USES. Within the OS District shown on the Zoninau Map, the following uses shall be permitted as a matter of right: . A. Single family detached dwelling units. B. Public conservation areas and structures for the conservation of open space, water, soil and wildlife resources. C. Public park and recreation areas, game refuges and similar non- intensive public uses. D. Agriculture, horticulture, truck gardening and nurseries. E. Municipal and pub1 ic utility and communication buildings and structures where operation requirements necessitate locating within the district.
SECTION 5.03 - ACCESSORY USES The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage bui 1 dings, outdoor storage areas, yards, gardens, play areas and parking areas.
v- 1 8. Garden house, tool house, playhouse, wading pool, or swimming pool incidental to the residential use of the premises and not operated for gain. All such wading or swimming pools shall be subject to the. provisions of Article XIV hereof. C. Private garages. In such garages with 2 or more passenger automobile spaces, one such space may be leased or rented to persons not resident on the premises. D. The keeping of a reasonable number of customary household pets or domestic animals but excluding the commercial breeding or keeping of same. All such household pets or domestic animals shall not be penned or housed within the applicable minimum yard requirements of any lot. No commercial kennels shall be permitted. E. Roadside stands for the sale of edible produce grown on the premises when located not less than twenty (20) feet from the right-of-way of any highway. F. Signs, as provided in Article XIV of this Ordinance.
SECTION 5.04 - SPECIAL EXCEPTION USES. The following uses and activities may be permitted by Special E.xception upon approval of the Zoning Hearing Board after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements specified in Articles XIV and XVIII and elsewhere in This Ordinance. A. Uses which, in the opinion of the Zoning Hearing Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purposes of these districts. B. Semi-public or private recreational areas, game and wildlife hunting and gun clubs, historical preservation areas, camps and camping grounds. (See Sections 14.31, 14.32 and 14.34) C. Commercial riding stables. (See Section 14.44) D. Winter sports areas and ski lodges. (See Section 14.32) E. Country clubs and golf courses. (See Section 14.31) F. Public buildings and governmental institutions.
v-2 SECTION 5.05 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS. A. Lot Reauirements. Lot width, lot area, yard and building setback of not less than the dimensions shown on the following table shall be provided for every dwelling unit and/or principal non-residential building or structure hereafter erected or altered for any use permitted in this district:
B. ImDervious Area. The maximum impervious area permitted on any lot is thirty percent (30%) of the total lot area. C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirement.
SECTION 5.06 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off-street 3 parking shall be provided in accordance with the provisions of Section 14.10 of this Ordinance.
SECTION 5.07 - MINIMUM HABITABLE FLOOR AREA. The minimum habitable floor area of every dwelling hereafter erected, altered or designed shall be in accordance with the requirements of Section 14.22.
3
v-3 3 ARTICLE VI RF - RESIDENTIAL FARM DISTRICTS
SECTION 6.01 - INTENDED PURPOSE. This district is composed of those areas in the Township whose predominant land use is agriculture and low density residenti a1 . These regul at i ons are designed to protect and 3 stabilize the areas' essential characteristics, minimize conflicting land uses detrimental to farm enterprises and 1 imit development which requires highways and other public services and facilities in excess of those required by agricultural and low density residential uses. All uses within the RF District shall be subject to the following regulations:
SECTION 6.02 - PERMITTED USES. Within the RF District shown on the Zoniig Map, the following uses shall be permitted as a matter of right: A. Single family dwellings. B. Crop and tree farming, pasturing, truck gardening, horticulture, greenhouses, nurseries, aviaries, hatcheries, apiaries and similar enterprises. C. Raising and keeping of poultry, rabbits, goats and similar animals. D. General and specialized farms, including the raising, keeping and breeding of livestock for gain (including catt!e, hogs, horses, ponies, cows, sheep and similar livestock) upon a parcel of land having an area of not less than five (5) acres, subject to the following regulations: 1. No building in which farm animals are kept shall be closer than one hundred (100) feet to any adjoning lot line. 2. No storage of manure or of odor or dust-producing substances or materials shall be permitted within one hundred (100) feet of any adjoining lot line. E. Public conservation areas and structures for the conservation of open space, water, soil, forest and wild1 ife resources. F. Pub1 ic park and recreation areas, forest reserves, camps, game refuges and similar non-intensive publ ic uses. G. Public schools and municipal buildings. (See Section 14.29) H. Municipal and publ ic uti1 ity and communication buildings and structures where operation requirements necessitate locating within the district.
VI-I SECTION 6.03 - ACCESSORY USES The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas and parking areas. B. Garden house, tool house, playhouse, wading pool, or swimming pool incidental to the residential use of the premises and not operated for gain. All such wading or swimming pools shall be subject to the provisions of Article XIV hereof. Commercial kennels shall not be permitted. C. Private garages. In such garages with 2 or more passenger automobile spaces, one such space may be leased or rented to persons not resident on the premises. D. The keeping of a reasonable number of customary household pets or domestic animals but excluding the commercial breeding or keeping of same. All such household pets or domestic animals shall not be penned or housed within the applicable minimum yard requirements of any lot. -.E. Roadside stands for the sale of edible produce grown on the premises when located not less than twenty (20) feet from the right-of-way of any highway. F. Signs, as provided in Article XIV of this Ordinance.
SECTION 6.04 - SPECIAL EXCEPTION USES. The following uses and activities may be permitted by Special Exception upon approval of the Zoning Hearing Board after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements specified in Articles XIV and XVIII and elsewhere in This Ordinance. A. Uses which, in the opinion of the Zoning Hearing Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purposes of these districts. B. Semi-public or private recreational areas, game and wildlife hunting and gun clubs, historical preservation areas, camps and camping grounds. (See Sections 14.31, 14.32 and 14.34) C. Country clubs and golf courses. (See Section 14.31) ... D. Public buildings and governmental institutions.
VI-2 E. Churches and cemeteries. (See Sections 14.27 and 14.28) F. Private schools and institutions of higher education. (See Section 14.29) G. Hospitals, convalescent homes, animal hospitals and sanitaria. (See Section 14.30) 3 H. Commercial riding academies and stables. (See Section 14.44) I. Commercial kennels. (See Section 14.41) J. Carnivals, outdoor circuses and migratory amusement enterprises. K. Commercial amusement or recreation establishments such as outdoor theaters, race tracks and other similar recreational uses requiring large segregated land areas, providing that any of these uses shall not be located nearer than fifty (SO) feet from the right-of-way of any highway. (See Section 14.32) L. Saw mills and other establishments associated with forestry. M. Auction house for household and other goods. (See Section 14.39) N. Farm equipment sales and service. (See Section 14.40) 0. Lawn and garden equipment and supplies sales and service. (See Section 14.40) P. Bed and Breakfast Inn. (See Section 14.42)
SECTION 6.05 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS. A. Lot Reauirements. Lot width, lot area, yard and building setback of not less than the dimensions shown on the following table shall be provided for every dwell ing unit and/or principal non-residential building or structure hereafter erected or altered for any use permitted in this district: ...... LOT REQUIREMENTS YARD REQUIREMENTS HEIGHT RPMNTS.
USE MIN. LOT MIN. LOT MAX. LOT ONE TOTAL AREA (SQ.FT.) WIDTH COVERAGE % FRONT SIDE SIDES REAR MAX. (FT.)
Single Family 60,000' 200' 20 40' 20' 40' 45' 35 ALL Other Uses** 5 acres* 400' 20 40' 20' 40' 45' 35
lot size subject to PaDER approval for on-lot sewage disposal systems ** 5 acre minimum Lot sire unless otheruise specified elseuhere herein
VI-3 B. ImDervious Area. The maximum impervious area permitted on any lot is thirty-five percent (35%) of the total lot area.
C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirements.
SECTION 6.06 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off-street L parking shall be provided for in accordance with Section 14.10 of this Ordinance .
SECTION 6.07 - MINIMUM HABITABLE FLOOR AREA. The minimum habitable floor area of every dwelling hereafter erected, altered or designed shall be in accordance with the requirements of Section 14.22.
VI-4 ARTICLE VI1 RC - RESIDENTIAL COUNTRY DISTRICTS
SECTION 7.01 - INTENDED PURPOSE. The RC Residential Country Districts are composed of suburban residential areas in the Township with limited public utility service systems where low density single family residential development on relatively large lots has occurred or appears likely to occur. The regulations for these districts are designed to protect and stabilize these essential characteristics and promote and encourage a safe and healthful environment for family life. To these ends, development is restricted to conventional low density single family detached dwell ings and re1 ated 1 and uses. All uses within the RC District shall be subject to the following regulations:
SECTION 7.02 - PERMITTED USES. Within the RC District shown on the Zoning Map, the following uses shall be permitted as a matter of right: A. Single family detached dwelling units. B. Churches and places of religious worship. (See Section 14.27) C. Public schools. (See Section 14.29) D. Pub1 ic parks , pl aygrounds and open space. E. General gardening and the growing of trees and nursery stock, but not including roadside stands or advertising signs. F. Keeping of riding horses, providing that not less than thirty thousand (30,000) square feet of land area is provided for each horse kept and that stables are maintained not less than one hundred (100) feet of any lot line or principal building. G. Necessary municipal and public utility structures and buildings, providing they do not include material storage, storage for trucks, repair facilities or housing quarters for repair crews.
SECTION 7.03 - ACCESSORY USES The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas and parking areas.
VII-1 B. Garden house, tool house, playhouse, wading pool, or swimming pool incidental to the residential use of the premises and not operated for gain. All such wading or swimming pools shall be subject to the provisions of Article XIV hereof. C. Private garages. In such garages with 2 or more passenger automobile spaces, one such space may be leased or rented to persons not resident on the premises. D. The keeping of a reasonable number of customary household pets or domestic animals but excluding the commercial breeding or keeping of same. All such household pets or domestic animals shall not be penned or housed within the applicable minimum yard requirements of any lot. Commercial kennels shall not be permitted. F. Signs, as provided in Article XIV of this Ordinance.
SECTION 7.04 - SPECIAL EXCEPTION USES. The following uses and activities may be permitted by Special Exception upon approval of the Zoning Hearing Board after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements specified in Articles XIV and XVIII and elsewhere in This Ordinance. A. Uses which, in the opinion of the Zoning Hearing Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purposes of these districts. B. Country clubs and golf courses. (See Section 14.31) C. Public libraries, community activity buildings, and municipal, State or Federal bui 1 dings. D. Private nursery, kindergarten, elementary and secondary schools and institutions of higher education; provided, however, that the lot upon which located contains a minimun of five (5) acres plus five hundred (500) square feet of land area per pupil capacity. (See Section 14.29) E. Recreation areas and structures operated by membership clubs for the benefit of their members and not for gain; provided that the residential character of the neighborhood is preserved to give no impression of a commercial use. (See Section 14.31) F. Conversion of established single family dwellings into two or more apartment dwelling units, provided that both sanitary sewer and water systems are available, each lot or parcel of land so used has an area of not less than thirty thousand (30,000) square feet and a width of not less than one hundred twenty (120) feet at the building line and no more than three (3) dwelling units are added. Each
VII-2 dwelling unit shall have a minimum of seven hundred (700) square feet of floor area per unit. (See Section 14.37) G. Bed and Breakfast Inns. (See Section 14.42) H. Cemeteries. (See Section 14.28)
3 SECTION 7.05 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS. A. Lot Reauirements. Lot width, lot area, yard and building setback of not less than the dimensions shown on the following table shall be provided for every dwelling unit and/or principal non-residential building or structure hereafter erected or altered for any use permitted in this district:
All Other Uses** 5 acres* 300' 20 50' 30' 70' 50' 35
PUBLIC WATER OR SEWER Single Family 20 ' ooo* 100' 25 35' 15' 30' 35' 35 Detached Duelling
All Other Uses** 5 acres* 300' 25 50' 30' 70' 50' 35
PUBLIC WATER 8 SEWER Single Family 15,000 100' 25 35' 15' 30' 35 35 Detached Duelling
All Other Uses** 5 acres 300' 25 50' 30' 70' 50' 35 ...... Lot size subject to PaDER approval for on-lot sewage disposal systems ** 5 acre minimum lot size unless otheruise specified elsewhere herein B. ImDervious Area. The maximum impervious area permitted on any lot is forty percent (40%) of the total lot area. C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirement.
VII-3 SECTION 7.06 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off-street ~ parking shall be provided for in accordance with the provisions of ~ Section 14.10 of this Ordinance.
SECTION 7.07 - MINIMUM HABITABLE FLOOR AREA. The minimum habitable floor area of every dwelling hereafter erected, altered or designed shall be in accordance with the requirements of Section 14.22. F
VI 1-4 ARTICLE VI11 RS - RESIDENTIAL SUBURBAN DISTRICTS
SECTION 8.01 - INTENDED PURPOSE. The RS Residential Suburban District is designed to accommodate medium density development and composed of areas in the Township where such development is not located. The regulations for these districts are intended to protect and stabilize the prevailing characteristics and promote a safe and healthful environment for family life. To these ends, development is limited to medium density, with provisions for public utility service facilities. All uses within the RS District shall be subject to the following regulations:
SECTION 8.02 - PERMITTED USES. Within the RS District shown on the Zonina- Map , the following uses shall be permitted as a matter of right: A. Single family detached dwelling units. B. Two-family attached or semi-detached dwellings. C. Churches and places of religious worship. (See Section 14.27) D. Publ i c school s . (See Sect i on 14.29) E. Publ i c parks , pl aygrounds and open space. F. General gardening and the growing of trees and nursery stock, but not including roadside stands or advertising signs. G. Necessary municipal and public utility structures and buildings, providing they do not include material storage, storage for trucks, repair facilities or housing quarters for repair crews. H. Planned Residential Developments (Article XVI).
SECTION 8.03 - ACCESSORY USES The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas and parking areas. B. Garden house, tool house, playhouse, wading pool, or swimming pool incidental to the residential use of the premises and not operated for gain. All such wading or swimming pools shall be subject to the provisions of Article XIV hereof.
VIII-I C. Private garages. In such garages with 2 or more passenger automobile spaces, one such space may be leased or rented to persons not resident on the premises. D. The keeping of a reasonable number of customary household pets or domestic animals but excluding the commercial breeding or keeping of same. All such household pets or domestic animals shall not be penned or housed within the applicable minimum yard requirements of any lot. Commercial kennels shall not be permitted. P E. Signs, as provided in Article XIV of this Ordinance.
SECTION 8.04 - SPECIAL EXCEPTION USES. The following uses and activities may be permitted by Special Exception upon approval of the Zoning Hearing Board after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements 'specified in Articles XIV and XVIII and elsewhere in This Ordinance. A. Uses which, in the opinion of the Zoning Hearing Board,. are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purposes of these districts. 6. Country clubs and golf courses. (See Section 14.31) C. Public libraries, community activity buildings, and municipal, State or Federal bui 1 dings. D. Private nursery; kindergarten, el ementary and sec0ndar.y school s and institutions of higher education; provided, however, that the lot upon which located contains a minimun of five (5) acres plus five hundred (500) square feet of land area per pupil capacity. (See Section 14.29) E. Recreation areas and structures operated by membership clubs for the benefit of their members and not for gain, provided that the residential character of the neighborhood is preserved to give no impression of a commercial use. (See Section 14.31) F. Bed and Breakfast Inns. (See Section 14.42) G. Multiple family dwellings and apartments, subject to the controls specified in Section 14.38. H. Conversion of established single family dwellings into two or more apartment dwell ing units, provided that both sanitary sewer and water systems are available, each lot or parcel of land so used has an area of not less than fifteen thousand (15,000) square feet and a width of not less than one hundred (100) feet at the building line and no more than a total of twelve (12) dwelling units are located within the structure. Each dwelling unit within converted buildings shall have not less than two thousand (2,000) square feet of land
VIII-2 area per dwelling unit and a minimum of seven hundred (700) square feet of floor area per each unit ,but, in no case, shall the total land area be less than fifteen thousand (15,000) square feet. (See Section 14.37) I. Mobile home parks and subdivisions, provided that each mobile home park and extensions thereof shall conform to the requirements of Section 14.33.
SECTION 8.05 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS. A. Lot Reauirements. Lot width, lot area, yard and building setback of not less than the dimensions shown on the following table shall be provided for every dwelling unit and/or principal non-residential building or structure hereafter erected or altered for any use permitted in this district: B. ImDervious Area. The maximum impervious area permitted on any lot is fifty percent (50%) of the total lot area. C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirement.
SECTION 8.06 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided for in accordance with Section 14.10 of this Ordinance.
SECTION 8.07 - MINIMUM HABITABLE FLOOR AREA. The minimum habitable floor area of every dwelling hereafter erected, altered or designed shall be in accordance with the requirements of Section 14.22.
VIII-3 -0N-LOT UATER & SEWER
Single Fami ly 60 I 000' 200' 20 35' 20' 40' 35' 35 Detached Duel 1 ing Single Family Semi- 45,000* 150' 20 35' 40' 40' 35' 35 Detached Duelling (per DU) Tu0 Family Duelling 90,000* 200' 20 35' 20' 40' 35' 35
ALL Other Uses** 5 acres* 300' 20 50' 30' 70' 50' 35
Uses by Special Exception SEE ARTICLE XIV
PUBLIC UATER OR SEWER Single Family 20 'ooo* 100' 25 35' 15' 30' 35' 35 Detached Duel ling Single Fami ly Semi- 15,000' 100' 25 35' 40' 40' 35' 35 Detached Duelling (per DU) Tuo Family Duelling 30,000* 130' 25 35' 15' 30' 35' 35
All Other Uses** 5 acre's* 300' 25 50' 30' 70' 50' 35
Uses by Special Exception SEE ARTICLE XIV
PUBLIC WATER 8 SEWER Single Family 10,000 80' 30 35' 15' 30' 35 35 Detached Duelling Single Family Semi- 7,500 ao' 30 35' 30' 30' 35' 35 Detached Duelling (per DU) Two Family Duelling 15,000 100' 30 35' 15' 30' 35' 35
All Other Uses** 5 acres 300' 30 50' 30' 70' 50' 35
Uses by Special Exception SEE ARTICLE XIV
Lot size subject to PaDER approval for on-lot sewage disposal systems ** 5 acre minimum lot size unless otherwise specified elseuhere herein
VIII-4 ARTICLE IX VC - VILLAGE CENTER DISTRICTS
SECTION 9.01 - INTENDED PURPOSE. The VC Village Center Residential District is designed to maintain existing residential environments as an asset to the total community; stabilize and improve the existing values inherent in the already built environment and encourage the upkeep of existing development and the development of new properties; foster conversion of larger dwellings, where applicable, for use into smaller household units; allow flexibility in planning and induce creative and economic methods of residential development; and promote the use of properties for trade and service activities which are compatible with residential use. All uses within the VC District shall comply with the following regul at i ons:
SECTION 9.02 - PERMITTED USES. Within the VC District shown on the Zoning Map, the following uses shall be permitted as a matter of right: A. Single family detached dwellings. B. Single family semi-detached dwellings. C. Two-family dwellings. D. Retail sales of goods, prepared foods and/or services, but excluding establishments designed to provide drive-in facilities. E. Eating and drinking places, but excluding establishments designed to provide drive-in facilities. F. Personal services, but excluding establishments designed to provide drive-in facilities. G. Professional and administrative offices. H. Financial institutions, including drive-in facilities. I. Public and semi-public buildings and uses. 3. Essential municipal and public utility services and installations.
IX- 1 SECTION 9.03 - ACCESSORY USES The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas and parking areas. B. Garden house, tool house, pl ayhouse , wading pool , or swimming pool incidental to the residential use of the premises and not operated for gain. All such wading or swimming pools shall be subject to the provisions of Article XIV hereof. C. Private garages. In such garages with 2 or more passenger automobile spaces, one such space may be leased or rented to persons not resident on the premises. 0. The keeping of a reasonable number of customary household pets or domestic animals but excluding the commercial breeding or keeping of same. All such household pets or domestic animals shall not be penned or housed within the applicable minimum yard requirements of any lot. Commercial kennels shall not be permitted. E. All storage accessory to any permitted principal use, other than off-street parking and loading, or trailer, boat, mobile home and agricultural storage shall be carried on in completely enclosed buildings. F. Signs, as provided in Article XIV of this Ordinance.
SECTION 9.04 - SPECIAL EXCEPTION USES. The following uses and activities may be permitted by Special Exception upon approval of the Zoning Hearing Board after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements specified in Articles XIV and XVIII and elsewhere in This Ordinance. A. Uses which, in the opinion of the Zoning Hearing Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purposes of these districts. B, Places of worship including accessory building such as parish houses and church school facilities. (See Section 14.27) C. Cemeteries. (See Section 14.28) D. Schools, colleges and other educational institutions. (See Section 14.29)
IX-2 E. Phi 1 anthropic and re1 igi ous institutions, hospital s, nursing homes and sanitaria for medical care. (See Section 14.30) F. Membership cl ubs and camps, and outdoor recreation faci 1 i ties such as private playgrounds, golf clubs, swimming pools and tennis courts. (See Section 14.31) G. Commercial camps and resorts. (See Section 14.32) H. Conversion of established single family dwellings into two or more apartment dwelling units, provided that both sanitary sewer and water systems are available, each lot or parcel of land so used has an area of not less than ten thousand (10,000) square feet and a width of not less than one eighty (80) feet at the building line and no more than a total of twelve (12) dwelling units are located within the structure. Each dwelling unit within converted buildings shall have not less than two thousand (2,000) square feet of land area per dwelling unit and a minimum of seven hundred (700) square feet of floor area per each unit; but, in no case, shall the total land area be less than ten thousand (10,000) square feet. (See Section 14.37) I. Multiple dwelling structures including apartment, row or attached, and town house dwellings. (See Section 14.38) 3. Hotels, motels and tourist homes. (See Section 14.47) K. Lodging and boarding houses. L. Business conversions. (See Section 14.49) M. Vehicle services, such as service stations, repair garages, and . vehicle supplies. (See Section 14.46) N. Commercial recreation and entertainment facilities. 0. Day care centers. (See Section 14.48) P. Bed and Breakfast Inns. (See Section 14.42)
SECTION 9.05 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS. A. Lot Reauirements. Lot width, lot area, yard and building setback of not less than the dimensions shown on the following table shall be provided for every dwelling unit and/or principal non-residential building or structure hereafter erected or altered for any use permitted in this district:
IX-3 ON-LOT UATER & SEWER -- Single Family 60 I 000' 200' 20 35' 20' 40' 35' 35 Detached Dwelling Single Family Semi- 45,000' 150' 20 35' 40' 40' 35' 35 Detached Duelling (per DU) Two Family Dwelling 90,000* 200' 20 35' 20' 40' 35' 35
Permitted Non- Residential Uses 1 acre* 150' 20 35' 20' 40' 35' 35
Uses by Special Exception SEE ARTICLE XIV
PUBLIC WATER OR SEWER Single Family 20 ' ooo* 100' 25 35' 15' 30' 35' 35 Detached Duelling Single Family Semi- 15,000* 100' 25 35' 40' 40' 35' 35 Detached Dwelling (per DUI Two Family Dwelling 30,000* 130' 25 35' 15' 30' 35' 35
Permitted Non- Residential Uses 25,000* 120' 25 35' 15' 30' 35' 35
Uses by Special Exception SEE ARTICLE XIV
PUBLIC WATER & SEWER Single Family 10,000 80' 30 35' 15' 30' 35 35 Detached Duelling Single Family Semi- 7,500 80' 30 35' 30' 30' 35' 35 Detached Duelling (per DUI Two Family Duelling 15,000 100' 30 35' 15' 30' 35' 35
Permitted Non- Residential Uses 10,000 80' 30 35' 15' 30' 35' 35
Uses by Special Exception SEE ARTICLE XIV
IX-4 B. ImDervious Area. The maximum impervious area permitted on any lot is fifty percent (50%) of the total lot area. C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirements.
SECTION 9.06 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided for in accordance with Section 14.10 of this Ordinance.
SECTION 9.07 - MINIMUM OFF-STREET LOADING AND UNLOADING REQUIREMENTS. Off-street loading and unloading facilities shall be provided for in accordance with Section 14.11 of this Ordinance.
SECTION 9.08 - MINIMUM HABITABLE FLOOR AREA. The minimum habitable floor area of every dwelling hereafter erected, altered or designed shall be in accordance with the requirements of Section 14.22.
IX-5 ARTICLE X CH - COMMERCIAL HIGHWAY DISTRICTS
SECTION 10.01 - INTENDED PURPOSE. The CH Commercial Highway District is designed to accommodate the needs of transient highway travelers who may require automotive service, food and lodging. Other similar uses serving community needs pertaining to automotive sales and servicing are also provided for in these districts. All uses in the CH District shall comply with the following regulations:
SECTION 10.02 - USE STANDARDS. Uses permitted in the (CH) Commercial Highway District shall be subject to the following conditions: A. Parking, loading, or service areas used by motor vehicles shall be physically separated from all streets by a suitable barrier against unchannel ed motor vehicle access or egress. A1 1 roads, driveways, parking areas and walks shall be paved and maintained in good condition with hard surface materials. B. All access roads or driveways shall be located not less than one hundred (100) feet from the intersection of any street right-of-way lines, and shall be designed in a manner conducive to safe ingress and egress. C. Illumination. When lot lines lie within 35 feet of a Residential District boundary or any lot in residential use, any illumination or floodlighting shall be arranged so there will be no glare of lights on such lot or District boundary line. D. Landscaping. The entire lot shall be suitably landscaped (except for ‘those areas which are covered by buildings or surfaced as parking or service areas). All landscaping shall be properly maintained throughout the life of any use on any lot. E. Along each property line which is adjacent to a Residential District or lot in residential use, the owner shall be required to maintain a buffer strip ten (10) feet wide which shall be planted with a hedge, evergreen shrubbery or suitable vegetation to provide appropriate screening against noise, glare, fumes, dust, and other harmful effects. Said buffer strip shall be consistent with any existing vegetation and the permitted use of the adjacent residential property. F. Additional conditions and safeguards as the Supervisors may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed use is to be erected.
x- 1 SECTION 10.03 - PERMITTED USES. In a (CH) Commercial Highway District, no building or premises shall be used and no building shall be erected, which is arranged, intended or designed to be used in whole or in part, for any purpose except those listed below, and all such uses shall be subject to Land Development Plan approval in accordance with the Middlesex Township Subdivision and Land Development Ordinance and those regulations specified elsewhere in This Ordinance. A. Retail businesses, such as variety stores, apparel stores, drug stores, grocery stores, eating and drinking establishments, 1 iquor stores, antique shops, auction houses, music shops, sporting goods stores, and book, stationery, magazine, candy and tobacco shops. B. Business services, such as banks, credit unions, loan companies and other financial institutions, real estate and insurance agencies, utility offices, government, business and professional offices, and veterinary clinics. C. Personal services, such as barber shops, beauty salons, photographic studios, coin operated laundromats, tailor, dress-making, millinery and dry cleaning and laundry pick-up stations where the processing is to be done elsewhere. 0. Repair services, such as radio, television and appliance shops, plumbing shops, carpenter shops, upholstery shops, and shoe-repair shops. E. Vehicle sales and services, such as service stations, repair garages, new and used car dealers, and automotive supplies, subject to the requirements of Section 14.46. F. Hotels, motels and tourist homes subject to the requirements of Section 14.47. G. Philantropic or religious institutions, hospitals, nursing homes, or sanitaria for general medical care, subject to the requirements of Section 14.30. H. Motor vehicle, mobile home, trailer, camping, boat, construction or farm equipment sales and services. 1. Newspaper and printing establishments. J. Mortuary and funeral homes and monument sales. K. Public and semi-public buildings and uses. L. Bed and Breakfast Inns. (See Section 14.42) M. Essential municipal and public utility services and installations.
x-2 SECTION 10.04 - ACCESSORY USES. The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas and parking areas. B. Garden house, tool house, playhouse, wading pool, or swimming pool incidental to the principal use of the premises and not operated for gain. All such wading or swimming pools shall be subject to the provisions of Article XIV hereof. C. Private garages. In such garages with 2 or more passenger automobile spaces, one such space may be leased or rented to persons not resident on the premises. D. All storage accessory to any permitted principal use, other than off-street parking and loading, or trailer, boat, mobile home and agricultural storage shall be carried on in completely enclosed bui 1 di ngs . E. Signs, as provided in Article XIV of this Ordinance.
SECTION 10.05 - SPECIAL EXCEPTION USES. The following uses and activities may be permitted by Special Exception upon approval of the Zoning Hearing Board after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements specified in Articles XIV and XVIII and elsewhere in this Ordinance: A. Uses which, in the opinion of the Zoning Hearing Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purposes of these districts. B. Membership clubs and camps, and outdoor recreation facilities such - as private playgrounds , go1 f cl ubs, swimming pool s and tennis courts. (See Section 14.31) . C. Business conversions. (See Section 14.49) D. Day care centers. (See Section 14.48) E. Commercial bill board and advertising structures. (See Section 14.16) F. Drive-in type establishments, including but not limited to, car and truck washes, restaurants, beverage distributors, theaters, veterinary cl'inics and other similar establishments designed to provide drive-in faci1i.ties.
x-3 G. Commercial recreation and entertainment facilities including, but' not limited to, theaters, bowling alleys, skating rinks, golf courses, miniature go1 f courses, swimming pool s, and archery ranges, subject to the following conditions: (1) The minimum lot area shall be one (1) acre and the minimum lot width shall be 150 feet. (2) Points of vehicular ingress and egress shall be limited to a total of two (2) on any street. (3) Before the issuance of any building permit, a detailed Land Development Plan for the proposed development of a site for commercial recreation, entertainment, and accessory facilities shall be submitted to and approved by the Township. H. Animal hospitals, but not including kennels. I. Wholesaling, storing and warehousing, including lumber yards, building contractors, and farm supply and building material yards. J. Service establishments including dry cleaning and laundry plants. K. Roadside stands and outdoor sales of garden supplies, nursery stock, farm produce and similar merchandise sold at retail.
SECTION 10.06 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS. A. Lot Requirements. Lot width, lot area, yard and building setback of not less than the dimensions shown on the following table shall be provided for every dwell ing unit and/or principal non-residenti a1 building or structure hereafter erected or altered for any use permitted in this district:
Uses_-______.-_------_------by Special Exception SEE ARTICLE XIV Lot size subject to PaDER approval for on-lot sewage disposal systems; Some permitted uses require Larger minimum lot areas.
x-4 B. ImDervious Area. The maximum impervious area permitted on any lot is fifty percent (50%) of the total lot area. C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirements.
SECTION 10.07 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided for in accordance with Section 14.10 of this Ordinance.
SECTION 10.08 - MINIMUM OFF-STREET LOADING AND UNLOADING REQUIREMENTS. Off-street loading and unloading facilities shall be provided for in accordance with Section 14.11 of this Ordinance.
x-5 ARTICLE XI LI - LIGHT INDUSTRIAL DISTRICTS
SECTION 11.01 - INTENDED PURPOSE. The LI Light Industri 1 District is designed to permit and encourage appropriate sites to be used for limited industry. Such limited industries are characterized by uses of large sites, attractive buildings and inoffensive processes. Such districts are further intended to encourage the the harmonious and appropriate physical development of the Township by providing gradual transitions between adjacent land uses. To these ends, the limited industrial districts is intended to discourage and minimize air and water pollution, noise, glare, heat, vibration, fire and safety hazards and other detriments to ? the environment. All uses in the LI District shall comply with the following regulations:
SECTION 11.02 - USE STANDARDS. Uses permitted in the (I) Industrial District shall be subject to the following conditions: A. All access roads or driveways shall be located not less than one hundred (100) feet from the intersection of any street right-of-way lines, and shall be designed in a manner conducive to safe ingress and egress. E. Parking, loading, or service areas used by motor vehicles shall be physically separated from all streets by a suitable barrier against unchannel ed motor vehicl e access or egress. The roads, driveways, parking areas and walks shall be paved and maintained in good condition. No parking area shall be located within 35 feet of the front lot line or within 20 feet of a side or rear lot line. C. Illumination. When lot lines lie within 35 feet of a Residential District boundary or any lot in residential use, any illumination or floodlighting shall be arranged so there will be no glare of lights on such lot or District boundary line. D. All permitted uses and all storage accessory thereto except parking and loading areas and public utility structures, shall be conducted within completely enclosed buildings. E. Along each property line which is adjacent to Residential District or lot in residential use, the owner shall be required to maintain a buffer strip ten (10) feet wide upon which shall be planted a hedge, evergreen shrubbery or suitable vegetation to provide appropriate screening against noise, glare, fumes, dust, and other harmful effects.
XI-1 F. Landscaping. The entire lot shall be suitably landscaped (except for those areas which are covered by buildings or surfaced as parking or service areas). All landscaping shall be properly maintained throughout the life of any use on any lot. . G. Additional conditions and safeguards as the Supervisors may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed use is to be erected.
SECTION 11.03 - PERMITTED USES. In a (LI) Limited Industrial District, no building or premises shall be used and no building shall be erected, which is arranged, intended or designed to be used in whole or in part, for any purpose except those listed below, and all such uses shall be subject to Land Development Plan approval in accordance with the Middlesex Township Subdivision and Land Development Ordinance and those regulations specified elsewhere in this Ordinance. A. Limited manufacturing, fabricating, processing, packaging, compounding or assembling activities which do not do the following:. 1. Cause dust, smoke, fumes, gas or offensive odors to be disseminated beyond the boundaries of the lot. 2. Cause vibration beyound the boundaries of the lot. 3. Cause noise exceeding that of street traffic at the front lot 1 ine. 4. Cause light glare observable from beyond the boundaries of the lot. The foregoing permitted uses include the following specific applications: 1. Agricultural, food and kindred products, but not including rendering, slaughtering or tanning plants. 2. Furniture and fixtures. 3. Printing, publishing and allied industries. 4. Pharmaceutical, medicinal, drug and biological products. 5. Textile mill and apparel products. 6. Professional, scientific and controlling instruments; photographic and optical goods. 7. Canvas productsmade of purchased canvas. 8. Fabricated metal products and metal working.
XI-2 T 9. Woodworking, cabinets and handicraft products.
10. Electronics and small parts assembly. B. Warehousing and wholesaling establishments and storage yards, but not including junk yards. C. Laundries, laundry services and cleaning plants. 3 D. Municipal and pub1 ic uti1 ity buildings, structures and yards, treatment plants and pump stations, heating and electric power generation pl ants .
SECTION 11.04 - ACCESSORY USES. The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas and parking areas. B. Signs, as provided in Article XIV of this Ordinance.
SECTION 11.05 - SPECIAL EXCEPTION USES. The following uses and activities may be permitted by Special Exception upon approval of the Zoning Hearing Board after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements specified in Articles XIV and XVIII and elsewhere in this Ordinance. A. Uses which, in the opinion of the Zoning Hearing Board, are of the same general character as those listed as permitted uses and which will not be detrimental to the intended purposes of these districts. B. Dwellings accessory and incidental to the principal use only for occupancy of bona fide caretakers or watchmen and their families.
SECTION 11.06 - PROHIBITED USES. The following uses are expressly prohibited in the (LI) Limited Industrial District: A. Residences, except as set forth in Section 11.05.B. above. B. All uses that do not meet the requirements of the Performance Standards in Article XIV. C. Uses of a heavy industrial nature such as those that are permitted in the IG Industrial General Zoning District.
XI -3 SECTION 11.07 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS. A. Lot Reauirements. Lot width, lot area, yard and building setback of not less than the dimensions shown on the following table shall be provided for every dwell ing unit and/or principal non-residential building or structure hereafter erected or altered for any use permitted in this district: ...... -. LOT REQUIREMENTS YARD REQUIREMENTS HEIGHT RQMNTS...... ------_------USE MIN. LOT MIN. LOT MAX. LOT ONE TOTAL AREA (SQ.FT.1 WIDTH COVERAGE X FRONT SIDE' SIDES REAR MAX. (FT.) ...... ON-LOT UATER g SEWER
All Permitted Uses 3 acres** 200' 50 . 35' 20'* 40' 35' 45
Uses by Special Exception SEE ARTICLE XIV
PUBLIC WATER OR SEWER
All Permitted Uses 1 acre** 120' 50 35' 20'* 40' 35' 45
Uses by Special Exception SEE ARTICLE XIV
PUBLIC WATER 8 SEWER
ALL Permitted Uses 1 acre 100' 50 35' 20'* 40' 358 45
Uses by Special Exception SEE ARTICLE XIV ...... Side yard requirement uhen abutting residential district is 100 feet ** Lot size subject to PaDER approval for on-lot sewage disposal systems
B. ImDervious Area. The maximum impervious area permitted on any lot is sixty percent (60%) of the total lot area.
C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirement.
SECTION 11.08 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided for in accordance with Section 14.10 of this Ordinance.
SECTION 11.09 - MINIMUM OFF-STREET LOADING AND UNLOADING REQUIREMENTS. Off-street loading and unloading facilities shall be provided for in accordance with Section 14.11 of this Ordinance.
XI -4 ARTICLE XI1 IG - INDUSTRIAL GENERAL DISTRICTS
SECTION 12.01 - INTENDED PURPOSE. The IG Industrial General District is designed to permit and encourage general industrial development that will be so located and designed so as to constitute harmonious and appropriate development; to identify and consol idate locations of industrially- 'related land uses which, because of their shipping, storage and other requirements, exert special demands on the Township; to provide for general industrial and manufacturing uses that are not offensive in terms of excessive dust, smoke, fumes, glare, noise or other nuisances beyond the normal processing, fabricating or assembling of products; and to contribute to the soundness of the ecomonic base of the Township. These regulations are designed to stabilize and protect the essential characteristics of the district by excluding uses which would have a detrimental effect upon the orderly development and function of the district. All uses in the IG District shall comply with the following regulations:
SECTION 12.02 - USE STANDARDS. Uses permitted in the (IG) Industrial General District shall be subject to the following conditions: A. All access roads or driveways shall be located not less than one hundred (100) feet from the intersection of any street right-of-way lines, and shall be designed in a manner conducive to safe ingress and egress. B. Parking, loading, or service areas used by motor vehicles shall be physically separated from all streets by a suitable barrier against unchannel ed motor vehi cl e access or egress. The roads, driveways, parking areas and walks shall be paved and maintained 'in good condition. No parking area shall be located within 35 feet of the front lot line or within 20 feet of a side or rear lot line. C. Illumination. When lot lines lie within 35 feet of a Residential District boundary or any lot in residential use, any illumination or floodlighting shall be arranged so there will be no glare of lights on such lot or District boundary line. D. All permitted uses and all storage accessory thereto except parking and loading areas and public utility structures, shall be conducted within completely enclosed buildings. E. Along each property line which is adjacent to Residential District or lot in residential use, the owner shall be required to maintain a buffer strip ten (10) feet wide upon which shall be planted a hedge, evergreen shrubbery or suitable vegetation to provide appropriate screening against noise, glare, fumes, dust, and other harmful effects.
XII-1 F. Landscaping. The entire lot shall be suitably landscaped (except for those areas which are covered by buildings or surfaced as parking or service areas). All landscaping shall be properly ? maintained throughout the 1 ife of any use on any lot. G. Additional conditions and safeguards as the Supervisors may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed use is to be erected.
SECTION 12.03 - PERMITTED USES. In the (IG) Industrial General District, no building or premises shall be used and no building shall be erected, which is arranged, intended or designed to be used in whole or in part, for any purpose except those listed below, and all such uses shall be subject to Land Development Plan approval in accordance with the Middlesex Township Subdivision and Land Development Ordinance and those regul at i ons speci f i ed el sewhere i n th i s Ord i nance . A. Manufacturing, fabricating, processing, packaging, compounding or assembling of products which do not cause any of the following conditions: 1. Constitute an unusual fire or explosion hazard. 2. Create a nuisance by reason of smoke, odor, dust, noise or light glare. Such products may include, but need not be limited to the following: 1. Agricultural, food and kindred products, but not including rendering, slaughtering or tanning plants. . 2. Furniture and fixtures. 3. Printing, publishing and allied industries. 4. Pharmaceutical, medicinal, drug and biological products. 5. Texti 1 e mi 11 and apparel products. 6. Professional, scientific and controlling instruments; photographic and optical goods. 7. Canvas products made of purchased canvas. 8. Fabricated metal products and metal working. 9. Woodworking, cabinets and handicraft products. 10. Electronics and small parts assembly.
XI1-2 B. Trucking terminals, storage facilities and garages. C. Warehous ng and wholesaling establishments and storage yards, but not including junk yards. D. Laundries, 1 aundry services and cleaning pl ants. E. Public utility buildings, structures and yards, treatment plants and pump stations, heating and electric power generation plants. F. Research, design and development 1 aboratories.
SECTION 12.04 - ACCESSORY USES The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas and parking areas. B. Signs, as provided in Article XIV of this Ordinance.
SECTION 12.05 - SPECIAL EXCEPTION USES. The following uses and activities may be permitted by Special Exception upon approval of the Zoning Hearing Board after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements specified in Articles XIV and XVIII and elsewhere in this Ordinance . A. Uses which, in the opinion of the Zoning Hearing Board, are of the same general character as those listed as permitted uses and which will not be detrimental to.the intended purposes of these districts. B. Junk yards used for storage, wrecking and converting used or discarded materials, provided that- such use is completely enclosed within a wall or fence of not less than eight (8) feet in height. C. Dwellings accessory and incidental to the principal use only for occupancy of bona fide caretakers or watchmen and their families. D. Adult Book Stores and Adult Theatres (See Section 14.50).
SECTION 12.06 - PROHIBITED USES. The following uses are expressly prohibited in the (IG) Industrial General District: A. Residences, except as set forth in Section 12.05.C. above. B. All uses that do not meet the requirements of the Performance Standards in Section 14.18.
XII-3 C. Uses of a heavy industrial nature which constitute a fire or . explosion hazard.
SECTION 12.07 - LOT AREA, BUILDING HEIGHT AND YARD REQUIREMENTS. A. Lot Reauirements. Lot width, lot area, yard and building setback of not less than the dimensions shown on the following table shall be provided for every dwelling unit and/or principal non-residential building or structure hereafter erected or altered for any use permitted in this district:
Trucking Terminals 5 acres** 400' 50 50' 35' 70' 50' 45
ALL Other Uses 3 acres** 200' 50 35' 20'* 40' 35' 4s
Uses by Special Exception SEE ARTICLE XIV
PUBLIC UATER OR SEWER
Trucking Terminals 5 acres** 400' 50 50' 35' 70' 50' 45
ALL Other Uses 1 acre** 120' 50 35' 20'* 40' 35' 4s
Uses by Special Exception SEE ARTICLE XIV
PUBLIC UATER & SEWER
Trucking Terminals 5 acres** 400' 50 50' 35' 70' 50' 45
ALL Other Uses 1 acre 100' 50 35' 20'* 40' 35' 45
Uses...... by Special Exception SEE ARTICLE XIV Side yard requirement uhen abutting residential district is 100 feet ** Lot sire subject to PaDER approval for on-lot sewage disposal systems
B.' ImDervious Area. The maximum impervious area permitted on any lot is sixty percent (60%) of the total lot area. C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirement.
XII-4 SECTION 12.08 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off-street parking shall be provided for in accordance with Section 14.10 of this Ordinance.
SECTION 12.09 - MINIMUM OFF-STREET LOADING AND UNLOADING REQUIREMENTS. Off-street loading and unloading facilities shall be provided for in accordance with Section 14.11 of this Ordinance.
XII-5 J
ARTICLE XI11 FP - FLOODPLAIN CONSERVATION DISTRICTS
SECTION 13.01 - GENERAL PROVISIONS A. Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and- safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax.base by: 1. Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies. 2. Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding. 3. Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage. 4. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. 8. ADDlicability. Theses provisions shall apply to all lands within the jurisdiction of Middlesex Township and shown on the Official Zoning Map as being within the boundaries of any flood plain area determined by the Federal Emergency Management Agency, and approved by the Board of Township Supervisors. C. Abroqation and Greater Restrictions. This Article supplements prior articles of this Zoning Ordinance. To the extent that this imposes greater requirements or more complete disclosures in any respect, or to the extent that the provisions of this Article are more restrictive, it shall be deemed and interpreted to control other provisions of the Zoning Ordinance. D. Compliance. No structure or land shall hereafter be developed or used, and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally a1 tered except in full compliance with the terms and provisions of this Article and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this Ordinance. E. Warninq and Disclaimer of Li’abilitv. The degree of flood protection sought by the provisions of This Ordinance is considered reasonable for regul atory purposes and is based on acceptabl e engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice
XIII-1 jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the floodplain areas, or that land uses permitted within such areas will be free from flooding or flood 'I damages. This ordinance shall not create liability on the part of Middlesex Township or any officer or employee thereof for any flood damages that result from reliance on this 'ordinance or any administrative decision lawfully made thereunder.
SECTION 13.02 - AREA PROVISIONS 3 A. General. All uses, activities, and development occurring within any Flood Plain area shall be undertaken, only, in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances of such as the Middlesex Township Subdivision Control Ordinance of 1968, as amended. In addition, all such uses, activities and development shall be undertaken only in compliance with Federal or'State law including Section 404 of the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C.1334) and the Pennsylvania Water Obstructions Act of 1913. Under no circumstances shall any use, activity and/or development adversely affect, the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any stream or water course within the Township, any required permit shall be obtained from the Pennsylvania Department of Environmental Resources, Dams and Encroachment Division. Further, documentation shall be submitted substantiating notification of the proposal has been given to all affected adjacent municipalities. The federal Insurance Administration and the Pennsylvania Department of Community Affairs shall also be notified in advance of any such a1 terat i on or re1 ocati on. B. Floodwav Area (FWL. In the Floodway Area (FW) no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and State Authorities as required above. 1. Permitted Uses In the Floodway Area the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment: (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(b) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat
XIII-2 launching and swimming areas, hi king, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas. (c) Accessory residential uses such as yard areas, gardens, play areas, and porous paving areas (d) Accessory industrial and commercial uses such as yard areas, porous paving and 1 oadi ng areas, ai rport 1 andi ng strips, etc. 2. Uses Permitted by SDecial ExceDtion The following uses and activities may be permitted by Special Exception as allowed by the Zoning Hearing Board provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other provision of the Middlesex Township Zoning Ordinance: Structures, except mobile homes, accessory to the uses and activities of Section 1. above. Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants and other simi 1 ar or re1 ated uses. Water-related uses and activities such as marinas, docks, wharves, piers, etc. Extraction of sand, gravel and other materials. Temporary uses such as circuses, carnivals, and similar activities. Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, or can be readily removed from the area within the time available after flood warning. Other similar uses and activities provided they cause no increase in flood heights or velocities. All uses, activities, and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances . C. Flood-Frinqe Area (FF). In the Flood Fringe Area (FF) the development and use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities or development shall be undertaken in strict compliance with the floodproofing and related provisions contained
XIII-3 it? all other applicable codes and ordinances, and further provided that mobile homes shall not be permitted in Flood-Fringe Areas. 0. General Flood Plain Area (FA). In the General Flood Plain Area development or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all such uses, activities, or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances, and further provided that mobile homes shall not be permitted in General Flood Plain Areas.
SECTION 13.03 - SPECIAL EXCEPTIONS AND VARIANCES - ADDITIONAL FACTORS TO BE CONSIDERED. In passing upon applications for Special Exceptions and Variances, the Zoning Hearing Board shall consider all relevant factors and procedures specified in other sections of the Zoning Ordinance and: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exceptions or variances shall be granted in any Floodway for any proposed use, development or activity that will cause any increase in flood levels during the one hundred (100) year flood. B. The danger that materials may be swept onto other lands or downstream to the injury of others. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination .and unsanitary conditions. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. E. The importance of the services provided by the proposed facility to the community. F. The requirements of the facility for a waterfront location. G. The availability of alternative locations not subject to flooding for the proposed use. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. - I. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. J. The safety of access to the property in times of flood for ordinary and emergency vehi cl es . K. The expected heights, velocities, duration, rate of rise and sediment transport of the flood waters expected at the site. L. The effect upon the Township Flood Insurance Program.
XIII-4 M. Such other factors which are relevant to the purposes of this Ordinance. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for a special exception or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. Special exceptions and/or variances shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in (1) unacceptable or prohibited increased flood heights, (2) additional threats to public safety, (3) extraordinary pub1 ic expense, (4) create nuisances, (5) cause fraud or victimization of the public, (6) jeopardy to the Township Flood Insurance Program, or (7) conflict with local laws or ordinances.
SECTION 13.04 - DEVELOPMENT WHICH MAY ENDANGER HUMAN LIFE. A. In accordance with the Pennsylvania F1 aodpl ai n Management Act, and the regulations adopted by the Department of Community Affairs as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following material or substances, or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume, or any amount of radioactive . substances) of any of the following materials or substances on the premises shall be subject to the provisions of this section, in addition to all other applicable provisions: 1. Acetone 2. Ammonia 3. Benzine 4. Calcium Carbide 5. Carbon Di sul fide 6. Celluloid 7. Chlorine 8. Hydrochloric Acid 9. Hydrocyanic Acid 10. Magnes i um 11. Nitric acid and oxides of nitrogen 12. Petroleum products (gasoline, fuel oil, etc.) 13. Phosphorus 14. Pot ass i um 15. Sod i um 16. Sulphur and sulphur Products 17. Pesticides (incl uding insecticides, fungicides and rodenticides) ’ 18. Radioactive substances, insofar as such substances are not otherwise regul ated. B. Within any Floodway Area (FW) any structure of the kind described in Section 13.04, A., above shall be prohibited.
XIII-5 1
C. Where permitted within any Flood-Fringe Area (FF) or General Floodplain Area (FA) any structure of the kind described in Section 13.04, A., above shall be: -1 1. Elevated or designed and constructed to remain completely dry up to at least one and one-half (1.5) feet above the one- hundred year flood, and
2. Designed to prevent pollution from the structure or activity 13 during the course of a one-hundred (100) year flood. Any such structure, or part thereof, that will be built below the Regulatory Flood Elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the pub1 ication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June 1972), or with some other equivalent watertight standard. D. Within any General Floodplain Area (FA) any structure of the kind described in Section 13.04, A., above, shall be prohibited within the area measured fifty (50) feet landward from the top- of-bank of any watercourse. E. Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any other requirements of this Section.
,SECTION 13.05 - ACTIVITIES REQUIRING SPECIAL PERMITS A. Identification of Activities requirinq a Special Permit. In accordance with the Pennsylvania Flood Plain Management Act (Act 1978-166) and regulations adopted by the Department of Community Affairs as required by the Act, the following obstructions and activities are permitted only by Special Permit, if located partially or entirely within any identified floodplain area: 1. The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities: (a) Hospitals - public or private (b) Nursing Homes - public or private . (c) Jails or Prisons 2. The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to any existing mobile home park or mobile home subdivision. B. APDlication Requirements. Applicants for Speci'al Permits shall provide five (5) copies of the following items: 1. A written request including a completed Building Permit Application Form.
XIII-6 2. A small scale map showing the vicinity in which the proposed .site is located. 3. A plan of the entire site, clearly and legibly drawn at a scale of one (1) inch being equal to one hundred (100) feet or less, showing the following: (a) North arrow, scale, and date; (b) Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of two (2) feet; (c) All property and lot lines including dimensions, and the size of the site expressed in acres or square feet; (d) The location of all existing streets, drives, other accessways, and parking areas, with information concerning widths, pavement types, construction, and elevations; (e) The location of any existing bodies of water or watercourses, buildings, structures and other pub1 ic or private facilities, including railroad tracks and facilities, and any other natural or manmade features affecting, or affected by, the proposed activity or devel opmen t ; (f) The location of the floodplain boundary line, information and spot elevations concerning the one hundred (100) year flood elevations, and information concerning the flow of water including direction and velocities; (9) The location of all proposed buildings, structures, utilities, and any other improvements; and (h) Any other information which the municipality considers necessary for adequate review of the application. 4. Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following: (a) Sufficiently detailed architectural or engineering drawings including floor plans, sections and exterior building elevations, as appropriate; (b) For any proposed building, the elevation of the lowest floor (including basement) and, as required, the elevation of any other floor; . (c) Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the one hundred (100) year flood;
XIII-7 Detailed information concerning any proposed flood- proofing measures ; Cross-section drawings for all proposed streets, drives, other accessways, and parking areas showing all rights-of- way and pavement widths; Profile drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades; and Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities. following data and documentation: Certification from the applicant that the site upon which the activity or development is proposed is an existing and single parcel, owned by the applicant or the client he represents. Certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed. to protect against damage from the one hundred (100) year flood. A statement, certified by a registered professional engineer,' architect, landscape architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a one hundred (100) year flood, including a statement concerning the effects such pollution may have on human life. A statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development will have on one hundred (100) year flood elevations and flows. A statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the one hundred (100) year flood elevation and the effects such materials and debris may have on one hundred (100) year flood elevation and flows. The appropriate component of the Department of Environmental Resources' "P1 anni ng Module for Land Development" .
XIII-8 (9) Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Resources to implement and maintain erosion and sedimentation control. (h) An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a one hundred (100) year flood. (i) Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Resources under Section 302 of Act 1978-66. C. ADplication Review Procedures. - Upon receipt of an application for a Special Permit by the Township Secretary, the following procedures shall apply in addition to all other applicable permit procedures which are already established: 1. Within three (3) working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Cumber1 and County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission and Township Engineer for review and comment. 2. If an application is received that is incomplete, the Township Secretary shall notify the applicant in writing, stating in what respects the application is deficient. 3. If the Township decides to disapprove an application, it shall notify the applicant in writing of the reasons for the disapproval. , 4. If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community Affairs by registered mail, within five (5) working days after the date of approval. 5. Before issuing the Special Permit, the Township shall allow the Department of Community Affairs thirty (30) days, after receipt of the notification by the Department, to review the application and the decision made by the Township. 6. If the Township does not receive any communication from the Department of Community Affairs during the thirty (30) day period, it may issue a Special Permit to the applicant. 7. If the Department of Community Affairs should decide to disapprove an application, it shall notify the Township and applicant, in writing, of the reasons for disapproval and the Township shall not issue the Special Permit.
XIII-9 D. Technical- Reaui rements for Development Reaui ri nq a Speci a1 Permit. In addition to any other applicable requirements, the following provisions shall also apply to the activities requiring a Special Permit. If there is any conflict between any of the following requirements and any otherwise applicable provision, the more restrictive provision shall apply. 1. No application for a Special Permit shall be approved unless it can be determined that the structure or activity will be 4 located, constructed and maintained in a manner which will: (a) Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that: -1 (1) The structure will survive inundation by waters of the one hundred (100) year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the one hundred (100) year flood elevation. (2) The lowest floor elevation (including basement) will be at least one and one-half (1 1/2) feet above the one hundred (100) year flood elevation. (3) The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the one hundred (100) year flood. (b) Prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property. E. Within any floodplain area any structure of the kind described in Section 13.05, A., above, shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse. F. Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any other requirements of this Section.
SECTION 13.06 - EXISTING STRUCTURES IN FLOOD PLAIN AREAS A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures or uses located in any floodway area shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
XIII-10 B. Any modification, a1 teration, repair, reconstruction or improvement of any kind to a structure or use located in any flood plain area to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or flood-proofed to the greatest extent possible regardless of its location in the flood plain area. C. The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use, regardless of its location in a flood plain area, to an extent or amount of fifty (50) percent or more of its market value, shall be undertaken only in full compliance with the provisions of this ordinance and any other appl icabl e ordinances .
XIII-11 3 ARTICLE XIV SUPPLEMENTARY REGULATIONS
The provisions of this Ordinance shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations. .
SECTION 14.01 - ACCESSORY BUILDINGS AND STRUCTURES. A. No accessory building or structure shall project nearer to the street on which the principal building fronts than such pr nci pal bui 1 ding. B. Any accessory building or structure shall conform with the height regulations for principal buildings. C. An accessory building or structure shall comply in all respec s with the yard requirements of this Ordinance for the principal building.
SECTION 14.02 - TEMPORARY STRUCTURES FOR DWELLING PURPOSES. No tent, cabin, mobile home, garage, basement or other temporary structure, whether of a fixed or mobile nature, may hereafter be erected or established for any dwelling purpose for any length of time unless approval for temporary use is granted by the Zoning Hearing Board.
SECTION 14.03 - WATER SUPPLY AND SEWERAGE FACILITIES REQUIRED. In the interest of protecting the public health, safety and welfare, 'every building or structure hereafter erected, altered or moved upon any premise and used in whole or in part for dwelling, commercial or recreational business or industrial purposes shall be provided with both a safe and sanitary water supply and a safe and sanitary means of collection and disposal of human excreta or domestic, commercial and industrial waste. Such facilities shall conform to the minimum requirements set forth by the Pennsylvania Department of Environmental Resources.
SECTION 14.04 - EXCEPTIONS A. Public Utility CorDorations. The provisions of this Ordinance shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be
XIV-1 the responsibility of the Pennsylvania Public Utility Commission to ensure that both the corporation and the Township have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings. B. Heiqht ExceDtions. 1. The height limitations of this Ordinance shall not apply to church spires, si 1 os, bel fries, cupol as, penthouses and domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads and similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes that they are to serve and then only in accordance with any other government regul ati ons. 2. Where a lot has frontage on two or more streets, the height limitation shall apply only as measured from the curb level along the street with a higher elevation above sea level.
SECTION 14.05 - REQUIRED STREET ACCESS. Each principal use hereafter established which involves buildings or structures for human occupancy shall be located and maintained upon a lot which abuts a public street or road for a distance of not less than is required in the applicable district. Upon recommendation by the Planning Commission and approval by the Board of Supervisors, the minimum road frontage can be reduced to not less than fifty (50) feet, provided that: A. The lot created meets all other dimensional requirements of this Ordinance; and B. The lot can not be further subdivided without the provision of sufficient road frontage to meet the requirements of the applicable zoning district.
SECTION 14.06 - CORNER LOTS. A. At all street intersections in all Residential Districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 25 feet distant from their point of intersection. B. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards.
XIV-2 SECTION 14.07 - THROUGH LOTS. Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
SECTION 14.08 - WAIVER OF YARDS. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.
SECTION 14.09 - COURTS. The minimum width of an inner court shall not be less than twice the height of all surrounding walls. However, in no case shall an inner court have a width of less than 30 feet. (The height of walls surrounding an inner court shall be measured from finished grade at the base thereof, to the top of such wall, except that, in the case of roofs with a slope exceeding 5 inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of the said wall and the highest point of the roof.) The minimum width of an outer court shall be 20 feet, and its depth shall not exceed its width.
SECTION 14.10 - OFF-STREET PARKING REQUIREMENTS. Accessory off-street parking spaces, open or enclosed, are permitted subject to the following provisions: A. Schedule of Parkinq Reauirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use where specified in the Distr.ict Regulations, in the Parking Schedule, or in the regulations governing uses by Special Exception, of This Ordinance. B. Areas ComDuted as Parkinq SDaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport, or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space other than a corner lot as provided .in Section 14.05. C. Size of Spaces. Three hundred (300) square feet shall be considered one parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences as set forth in Section 14.09 B. Minimum recommended parking stall width shall be ten feet and minimum length shall be 20 feet. D. Larqe Parkinq Areas. Parking areas of one-half (1/2) acre or more shall have at least 5% of the total area devoted to landscaping within the interior of the parking area.
XIV-3 E. Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one 10 foot wide lane for parking areas with less than 20 spaces, and at least two 10 foot wide lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area shall be located within 50 feet of any street intersection. F. Drainage and Surfacinq. All open parking areas shall be properly drained and shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family residence.
G. Joint Facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments.
-USE MINIMUM REQUIRED SPACES Residential A1 1 dwell i ngs Two (2) spaces per dwelling unit Boarding or lodging house One (1) space plus one (1) space per rental unit Hotels, motels and tourist One (1) space for each guest room or homes unit. Commerci a1 Riding stables One (1) space for each horse stall
' Retail sales of agricultural One (1) space per employee plus one and nursery products (1) space for each 100 square feet of display area Home occupations One (1) space per employee plus three (3) spaces for customer parking Retail business except One (1) space per 400 square feet of eating and drinking floor area places Eating and drinking places One (1) space per five (5) seats Business, personal and One (1) space per employee plus three repair services (3) spaces for customer parking
XIV-4 -USE MINIMUM REWIRED SPACES 9 Medical, dental and One (1) space per practitioner and. veterinary faci 1 iti es empl oyee s , i n cl ud i ng part - t i me employees plus five (5) spaces per practitioner for patient parking. Drive-in restaurants One (1) space per 500 square feet of lot area Auto repair, gasol i ne One (1) space for each 300 square feet station of floor area devoted to repair and service faci 1 iti es . Bowl i ng a1 1ey Four (4) spaces for each alley. Theater, auditorium, stadium, One (1) space for each four (4) seats or other place of public provided assembly Commerci a1 recreation One (1) space per five (5) seats or similar accommodation; or, one (1) space per two (2) lockers or similar accommodation, whichever yields the 1 argest parking area Miniature go1 f course Two (2) spaces per tee C omme r c a1 kennels One (1) space per employee plus three (3) spaces for customer parking C omme r c a1 vehicles Space shall be provided at the rear of each commerci a1 or business bui 1 ding for the parking of commercial vehicles Mortuaries and funeral One (1) space per employee plus one homes (1) space for each five (5) seats All other commercial uses One (1) space per employee plus such space as may be determined by the Commission on a case by case basis
Industrial Industrial plants and One (1) space for each two (2) related activities employees in the largest working shift. Warehousing, wholesale and One (1) space for each two (2) storage establishments employees in the largest working shift.
XIV-5 US E MINIMUM REQUIRED SPACES Visitor parking Each industrial plant shall provide one (1) parking space for each 200 square feet of company office gross floor area or four (4) space, whichever i s 1 argest .
Public and Semi-public Areas High schools and similar One (1) space for each two (2) educational facilities teachers, employees or administrators and one (1) space for each ten (10) students. Public buildings and One (1) space per 200 square feet of places of pub1 ic assembly floor area, but not less than one (1) space for each five (5) seats where provided Places of worship One (1) space for each five (5) seats where provided Hospitals, nursing homes One (1) space per three (3) beds and sanitaria
Uses bv SDecial ExceDtion As specified in Articles XIV and XVII hereof
All Other Uses As determined by the Board of Supervisors on a case by case basis
H. Combined SDaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Board of Supervisors may reduce the total parking spaces required for that use with the least requirement. I. MultiDle Uses in Sinqle Structure. When two or more uses that require off-street parking spaces are located in a single structure, the separate parking requirements for each use shall be applied.
XIV-6 J. Location and OwnershiD. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided all spaces therein are located within 200 feet walking distance of such lot. In all cases such parking spaces shall conform to all the regulations of the District in which the parking spaces are located; and in no event shall such parking spaces be located in any Residential District unless the use to which the spaces are accessory are permitted in such Residential Districts or upon approval by the Board of Supervisors. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Board of Supervisors binding the owner and his heirs and assigns to maintain the required number of spaces available either (a) throughout the existence of such use to which they are accessory, or (b) until such spaces are provided elsewhere.
K. On Lots Divided by District Boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any Residential District, unless the use to which they are accessory is permitted in such district, or upon approval of the Board of Supervisors. L. Parkins Requlations in MultiDle Dwellinq or Attached Dwellinq DeveloDments. Wherever space is provided for the parking of 5 or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located within 10 feet of any lot line in side or rear yards. The parking of motor vehicles is prohibited within 15 feet of any wall or portion thereof of a two or more family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than 8 feet above the level of the said parking space. No service of any kind shall be permitted to be extended to users of the lots including automobile service, repair or fueling, and no gasoline, oil, grease, or other supplies shall be stored or sold in any such lot or in any garage on such lot. Parking areas shall be screened by a substantial wall, fence, or thick hedge, approved by the Board of Supervisors. Such screening shall be not less than 3 nor more than 8 feet in height. M. Requlations for Parkins SDaces Adjacent to Lots in Any Residential District . 1. Wherever a parking area of over 5 spaces abuts or is within 15 feet of the side or rear lot line of a lot in any Residential District, the said parking lot shall be screened from such adjoining lot by a substantial wall, fence, or thick hedge, approved by the Board of Supervisors. Such screening shall be not less than 3 nor more than 8 feet in height.
XIV-7 2. Whenever a parking area of over 5 spaces is located across the street from other land in any Residential District, it shall be screened from the view of such land by a thick hedge, wall, or fence approved by the Board of Supervisors, located along a line drawn parallel to the street and a distance of 20 feet therefrom; such screening to be interrupted only at points of ingress and egress. Such screening shall be not less than 3 feet nor more than 8 feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of 3 square feet each.
SECTION 14.11 - OFF-STREET LOADING REQUIREMENTS. Off-street loading, berths, open or enclosed, are permitted accessory to any use (except one- or two-family residences) subject to the following minimum provisions: A. Uses for Which Rewired. Accessory off-street loading berths shall be provided for any use specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these minimum loading requirements. 1. For a public library, museum, or similar quasi-public institution, or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged, or school with floor area of 10,000 square feet, 1 berth; for each additional 25,000 square feet or fraction thereof, 1 additional berth. 2. For buildings with professional, governmental, or business offices, or laboratory establishments, with floor area of 10,000 to 25,000 square feet, 1 berth; for each additional 25,000 square feet or fraction thereof up to 100,000 square feet, 1 additional berth; for each additional 50,000 square feet or fraction thereof, 1 additional berth. 3. For buildings with offices and retail sales and service establishments, 1 berth for 8,000 to 25,000 square feet of floor area, and 1 additional berth for each additional 25,000 square feet of floor area or fraction thereof so used. 4. For undertakers and funeral homes, 1 berth for each chapel. (Such berths shall be at least 10 feet wide, 20 feet long, and 14 feet high). 5. For hotels, motels and resorts, 1 berth for each 25,000 square feet of floor area.
XIV-8 6. For manufacturing, wholesale and storage uses, and for dry- cleaning and rug cleaning establishments and laundries, 1 berth for 5,000 to 10,000 square feet of floor area in such use, and 1 additional berth for each additional 20,000 square feet of floor area or fraction thereof so used. 7. Off-street loading requirements for uses not specifically cited above will be determined by the Board of Supervisors on a case- by-case basis. B. Size of Soaces. Each required loading berth shall conform to a dimension of not less than ten (10) feet by forty (40) feet, or four hundred (400) square feet in area, with a minimum overhead clearance 1 of not less than fourteen (14) feet in height.
C. Location and Access. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Section 14.11 D. No entrance or exit for any off-street parking shall be located within 50 feet of any street intersection. No off-street loading berth shall be located in any front yard. D. Joint Facilities. Permitted or required loading berths, open or enc.losed, may be provided in spaces designed to serve jointly two (2) or more adjacent establishments on the same lot, provided that the number of required berths in such joint facilities shall not be less than the total required for all such requirements, unless the provisions of Section 14.10 H. apply. E. On Lots Divided bv District Boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to all of the lot. Loading berths on such a lot may not be located in any Residential District, unless the use to which they are accessory is permitted in such district, or upon approval by the Board of Supervisors.
SECTION 14.12 - DRIVEWAYS. A. No driveway shall be located nearer than 5 feet from a parallel property line. B. No driveway shall provide access to a lot located in a District other than the District in which such driveway is located.
XIV-9 SECTION 14.13 - COMMERCIAL VEHICLES. A. One commercial vehicle not exceeding 25 feet in length may be parked on an occupied lot in any Residential District, between the street line and the principal building. B. One commercial vehicle not exceeding 25 feet in length may be parked within a private garage in any Residential District. C. Commercial farm vehicles are permitted as accessory to a commercial farm use in any Residential District.
SECTION 14.14 - STORAGE OF RECREATIONAL VEHICLES A. The storage or parking of a motor home, trailer or boat by any other person or persons is hereby prohibited in all Districts except as provided elsewhere in This Ordinance, and except that: 1. One camping trailer or motor home, not over 25 feet in length, and one travel trailer may be stored, but not used for any purpose, on an occupied lot in any Residential District; provided that such trailer is not stored between the street line and the principal building. 2. Where a building permit has been issued for the construction or alteration of a building, a temporary permit for one motor home or camping trailer may be issued for a period not to exceed 6 months. Said temporary permit may be extended for 1 additional period of 6 months if it can be shown that construction has been diligently pursued and that justifiable circumstances require such an extension. Said residence may be occupied during the term of the temporary permit, and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit the location of said residence on the lot shall be subject to Board of Supervisors approval. The Board of Supervisors may attach to their approval whatever conditions it deems necessary to carry out the intent of This Ordinance. B. Not more than one (1) recreational vehicle per residence may be stored on an occupied lot in any Residential District or used for residential purposes; provided that such vehicle is not stored between the street line and the principal building. C. No motor home, trailer or boat may be parked within the street right-of-way for longer than two (2) weeks without a special permit from the Board of Supervisors.
XIV-10 SECTION 14.15 - ARTERIAL ROAD AND INTERCHANGE DEVELOPMENT. Proposed uses fronting on Arterial Roads, as designated by the PA Department of Transportation, or located in the vicinity of grade separated highway interchanges, shall be subject to the following requirements: A. Setback. All structures fronting on Arterial Roads or on an approach ramp leading to a grade separated highway interchange shall 3 be set back not less than seventy-five (75) feet from the right-of- way line of such road or highway. B. Driveway Access Points. All structures fronting on Arterial Roads or approach ramps which lead to a grade separated interchange shall be limited to no more than two (2) driveway access points, except that properties which are less than two hundred (200) feet wide shall be designed in a manner which will minimize their interference with any through traffic on the Arterial Road or the approach ramp. Such driveway access points shall not exceed thirty (30) feet in width at any such point and shall not be located nearer than one hundred fifty (150) feet to one another. C. Interchanqe Ramp Protection. Individual driveway access points and intersecting roads on any approach ramp are prohibited for a distance of three hundred (300) feet from the end of any interchange ramp which intersects with the approach ramp. D. Interchanse DeveloDment. No structure other than directional signs and/or other traffic control signs or devices erected by a governmental body shall be erected within two hundred (200) feet of the rightof-way of any grade separated interchange providing access to any approach ramp. Such area may, however, be used in providing required lot area or yard space. No activity or use shall be established within seventy five (75) feet of any such interchange except as .provided above, and the natural vegetation and terrain within said 75 feet shall remain undisturbed.
SECTION 14.16 - SIGN REGULATIONS. Signs may be erected and maintained only when in compliance with the provisions of this Section and any and all other ordinances and regulations relating to the erection, alteration, or maintenance of signs and similar devices. Zoning permits will be required for the erection, alteration, and maintenance of all Business Identification Signs and Billboards. A. General Requlations in All Districts. 1. Siqns Permitted in All Districts Signs listed in this section are permitted in all zoning districts as defined in This Ordinance and shall not require permits (except certain real estate marketing signs as defined hereinbelow) and shall not be counted when calculating the number of signs on a premises; however, such signs shall
XIV-11 conform with the qeneral requlations for siqns- enumerated in remainder of this Article: Name and Address of Resident - Name and address of resident, but not to include any commercial advertising, of not more than two (2) square feet in sign area. No Trespassing Signs - No trespassing signs or other such signs regulating the use of a property, such as "NO Hunting," "No Fishing," etc., of not more than two (2) square feet in sign area in residential zones, and five (5) square feet in all commercial and industrial districts. Real Estate Marketing Signs - Real estate marketing signs are signs which advertise the sale, rental or lease of the land upon which they are located. Such signs shall not exceed six (-6) square feet in area in residential districts and shall not exceed twelve (12) square feet in area in all other zoning districts; however, such signs located on lands in nonresidential zoning districts may exceed the foregoing maximum of twelve (12) square feet but in no event shall any face or side exceed twenty-four (24) square feet in area, provided that the person seeking to erect or construct such larger sign shall comply with the requirements of and payment' of fees as provided hereinbelow. Bulletin Boards for Public, Charitable or Religious Institutions - Bulletin boards for public, charitable or religious institutions, when located on the premises thereof and with a sign area of not more than twenty-five (25) square feet if single-faced, nor more than fifty (50) square feet if double-faced, and used exclusively for noncommercial announcements. Signs Regulating On-Premises Traffic, Parking or Other Functional Subdivision - Signs regulating on-premises traffic (Examples: "In-Out", "Enter-Exit"), parking or other functional subdivision, such as lavatory facilities, telephone, signs denoting other sections of a premises such as "Lubrication", "Office", etc., when less than five (5) square feet in area and bearing no commercial advertising. Signs Erected by a Governmental Body - Signs erected by a governmental body or under the direction of such a body and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, signs identifying public schools and playgrounds, etc.
XIV-12 (9) Memorial Signs or Tablets - Memorial signs or tablets and signs denoting the date of erection of buildings. (h) Flags, Pennants or Insignia of any Government, Religious or Fraternal Organizations, Charitable Organizations - The flag, pennant or insignia of any governmental, or of re1 igious, charitable or fraternal organization which shall be limited to a maximum area of thirty-two (32) square feet and to a height not to exceed the minimum building height in the appropriate zoning district as allowed by This Ordinance. (i) Auctions, Garage or Yard Sales - Such signs shall be limited to a maximum size of five (5) square feet in area and shall be removed as soon as the event or activity advertised thereby has occurred, and shall not be permitted to exist more than fifteen (15) days prior to such event and activity. (j) Special Events of Charitable or Public Service Groups - Such signs shall be limited to a maximum size of thirty- two (32) square feet in area and shall be removed as soon as the event or activity thereby has occurred and shall not be permitted to exist more than thirty (30) days prior to such event or activity. (k) Permanent Residential Development Signs - Permanent residenti a1 development signs at major entrances designed to identify a residential subdivision and containing no commercial advertising shall have a maximum area of twenty-five (25) square feet. (1) Signs Identifying Places of Worship - Signs identifying places of worship, when located on the premises thereof, shall have a maximum area of twenty-five (25) square feet. (m) Decals - Decals affixed to windows or door glass panes are signs. Such decal signs shall not exceed one thousand five hundred (1,500) square inches in the aggregate per premises, and shall be affixed to such pane to a height not to exceed four feet (4’) as measured from the threshold of the principal public entrance. 2. Sians and Other Devices Prohibited in All Zoninq Districts The following signs and other devices shall not be permitted, erected or maintained in any zoning district, notwithstanding anything else to the contrary contained in this part or el sewhere:
XIV-13 (a) Signs which incorporate in any manner any flashing or moving illumination or with illumination which varies in intensity or which varies in color, and signs which have any visible moving part, visible revolving parts, or visible mechanical movement of any description, or other apparent visible movement achieved by electrical pulsations or by action of normal wind currents. Clocks, hanging signs which move with air currents, time and temperature signs and barber poles are excepted, provided they otherwise comply with all other provisions of this part.
(b) Light sources which cast light on signs unless shielded by opaque material so that lamps are not visible from off the property on which the signs are located.
(c) Any sign or sign structure which constitutes a hazard to pub1 ic safety or health.
(d) Signs which by reason of size, location, content, coloring or manner of illumination, obstruct the vision of drivers, either when leaving a roadway or driveway. or obstruct or detract from the visibility or effectiveness of any traffic sign or control device or public streets and roads.
(e) Any sign which obstructs free ingress to or egress from a fire escape, door, window or other required building exit.
(f) Signs which make use of the words such as "Stop," "Look," "One-Way," "Danger," "Yield," or any similar words, phrases, symbols, lights or characters, in such a manner as to interfere with, mislead or confuse traffic.
(9) Any obsolete sign which no longer advertises a bona fide business conducted or product sold. (h) Signs on public property or public rights-of-way, unless erected by a governmental body, or unless required to be so located by order of a governmental body. (i) Signs painted on, attached to, or supported by a tree, stone, cliff, or other natural object, except signs permitted under (1) above. (j) String 1 ights, other than temporary hol iday decorations, which are unshielded from off the property on which they are located.
XIV-14 (k) Searchlights, pennants, spinners, banners and streamers, except for temporary occasions not to exceed fifteen (15) days’ duration, such as grand openings, and then only with special prior permission of the Zoning Officer. 3. $imit on Number of Siqns Per Premises Notwithstanding anything else to the contrary in this part or elsewhere, no more than three (3) signs may be erected or maintained on any premises at any one time, except when a building is located on a corner lot and has public entrances on two (2) or more public ways, or where .a building has both a front and rear public entrance, one (1) additional sign may be erected. A double-faced sign shall count as a single sign. Signs enumerated in Section A. 1. and Section B.lO. shall not be included in calculating the total. 4. Limit on Heiqht of Siqns No sign or any part thereof (including braces, supports or lights) shall exceed a height of twenty feet (20’) if erected at the right-of-way line of the street, road or highway adjoining the premises on which the sign is located, plus one foot (1’) additional height for each three (3) lineal feet that said sign is located from such street, road or highway as measured on a perpendicular line from such right-of-way line to the nearest part of the sign, provided, however, that no sign shall exceed thirty-five feet (35’) in height regardless of its distance from the right-of-way line. Height shall be measured from the actual grade of the premises directly below the face of the sign (exclusive of any mounds or other additions to the grade level) to the highest part of the sign. 5. Limit of Siqn Area Notwithstanding anything else to the contrary in this part, the total sign area per premises shall not exceed three (3) square feet per lin-ea1 front foot of that portion of the building occupied by the occupant of said premises, except that no premises shall be limited to less than thirty-two (32) square feet of total sign area. In no case shall the total sign area of all signs on one premises exceed two hundred fifty (250) square feet (including directional signs as provided in paragraph (c) of Section B. 6., except in shopping centers as provided in Section 6. 7. and in Section B. 10. (Temporary Signs). Notwithstanding anything else to the contrary in this part, the total sign area for a basement premises shall not exceed twenty (20) square feet.
XIV-15 6. Safety and Maintenance (a) All signs and all parts thereof, including framework, supports, background, anchors and wiring systems, shall be constructed and maintained in compliance with the building, electrical and fire prevention codes of Middlesex Township as they now exist, or as they may be hereafter adopted. In the absence of an electrical code ordinance, the National Electrical Code shall be used as the standard for a1 1 wiring systems. (b) All signs and all parts thereof shall be kept in a good state of repair and maintenance.
B. SDecific Siqn TvDes and Uses. 1. Pro.iectinq Siqns - In addition to the general provisions of this part, the following regulations shall apply to all projecting signs: (a) No sign shall project more than five feet (5’) beyond the building line in the direction of the street, nor shall any portion of any projecting sign be closer than two feet (2’) to the face of the street curb or curb line. (b) No portion of any sign shall be less than eight feet (8’) above ground level.
(c) No single face of a sign shall exceed fifteen (15) square feet in sign area. (d) No sign shall have a vertical dimension greater than six feet (6’). (e) There shall be no more than one (1) projecting sign for any premises unless the building is located on a corner lot or has public entrances on two (2) or more public ways, in which case one (1) projecting sign may be erected for and toward each public way. 2. Wall siqns - In addition to the general provisions of this part, the following regulations shall apply to all wall signs: (a) No sign shall extend above the top of the wall upon which it is placed.
XIV-16 No sign, or any part thereof, shall project more than twelve inches (12") from the wall upon 'which it is mounted. If external lighting is used, reflectors must be at least ten feet (10') above the surface of the ground level, equipped with wire mesh guards and no part of the lighting device may project more than two feet (2') from the wall of the building. No sign shall extend heyond the left and right extremities of the wall to which it is at.:ached. There shall be nor more than two (2) signs per wall on any building or structure, and the aggregate sign area shall have a total area of not more than one hundred (100) square feet or twenty-five percent (25%) of the wall area, whichever is less. 3. Ground Pole Siqns - In addition to the general provisions of this part, the following regulations shall apply to all ground pole signs. (a) Every ground pole sign and all parts, braces and supports thereof shall be located entirely within the property lines of the premises and shall not project over public rights-of-way or other adjoining lands. Ground pole signs may be permitted between the property line and the buildings setback lines, except where otherwise prohibited by This Ordinance. (b) A ground pole sign shall have no more than two (2) faces or advertising sides. (c) No single face or advertising side of a ground pole sign shall have an area which exceeds the square footage calculated by multiplying one (1) square foot times one- half the number of lineal front feet which the subject premises has adjoining on a public street, road or highway measured at the right-of-way line, but in no event shall any such face or side exceed fifty (50) square feet. Where the frontage or any premises is less than sixty-four (64) lineal feet, a single face or advertising side shall be permitted not to exceed thirty-two (32) square feet. (d) No ground pole sign face or advertising side shall have any dimension (length, width, diameter, etc.) in excess of ten (10) lineal feet.
XIV-17 (e) All ground pole signs hereafter erected shall be centrally located within a planted green area at least equal to the allowable area of a single face or advertising side for the subject sign, which area shall also include ornamental evergreen shrubbery to minimize the visibility of poles, supports and braces of such sign. 4. Roof Siqns - In addition to the General Provisions of this Part, the following regulations shall apply to all roof signs: (a) The highest point of a roof sign shall not exceed the building height limitation as provided in This Ordinance as applicable to the pertinent zoning district. (b) Not more than one (1) roof sign may be erected or maintained on a single premises. 5. Off-Premises Advertisinq Sisns - In addition to the general regulation of this part, the following regulations shall apply to all off-premises advertising signs, except directional signs: (a) Such signs are permitted only in CH, LI and IG districts as designated in This Ordinance. (.b) Such signs are. subject to the fol owing restrict ons: (1) No such sign shall be located at a lesser distance then two hundred (200) lineal feet from (a) the district boundary line of any adjoining residential zoning district, or (b) any building used for residential purposes. (2) No such sign shall be located on a lot having a frontage or width along the street, road or highway adjacent to the sign less then: a. One hundred (100) feet in the CH zoning district where the lot is served by municipal sanitary sewerage. b. One hundred fifty (150) feet on any lot in the LI or IG zoning district, or where the lot is located in the CH zoning district and is not served by municipal sanitary sewerage. (3) The maximum area for any one sign facing shall be three hundred (300) square feet (inclusive of any border or trim, but excluding the base or apron, supports and other structural members), except in said zoning districts where the sign is located adjacent to and intended to be seen by vehicular
XIV-18 traffic on the limited access highways known as "Pennsylvania Turnpike" and "Interstate 81", in which latter location said sign area shall not exceed seven hundred (700) square feet per facing (inclusive of any border, trim or embellishment [which embellishment shall not exceed twenty-eight (28) square feet of area], but excluding the base or apron, supports and other structural members). The term "facing" herinabove and in subparagraph (5) hereinbelow shall mean the surface area of the structure containing the message of the sign. (4) The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign above ground level. (5) A sign structure shall contain not more then two (2) facings with only one sign per facing which facings may be placed only back-to-back or V-shaped at an interior angle of less than ninety (90) degrees. (6) No portion of any sign shall exceed a height of thirty-five feet (35') above ground level. (7) All such signs shall be attached to the ground by a single vertical metal or concrete post, pillar, pole or column. (8) Signs shall not be located on the same side of any road, street or highway at a lesser distance from each other (measured in both directions) than one thousand (1,000) 1 ineal feet. (9) All signs shall be located not less then forty (40) lineal feet from the legal right-of-way line of any existing street, road or highway or from the dedicated right-of-way line of any street, road or highway as shown on a subdivision or land development plan approved by this Township. (10) Signs may be illuminated, but no direct ray of light shall extend beyond the face of the sign. (11) The construction of all signs shall comply with all building/construction regulations of this Township. (12) Every sign shall be identified on the structure with the name of the owner.
XIV-19 6. Directional Siqns - In addition to the general provisions of this part, the following regulations shall apply to all directional signs:
(a) Signs may be erected near roadways to direct vehicles or pedestrians to premises not located on such roadways, but the access to which is from such roadways.
L r (b) Directional signs shall be limited to ground pole signs with a maximum area of six (6) square feet on a single- face or twelve (12) square feet on a double-faced sign. (c) The area of a directional sign located off-premises shall be charged against the total area of the owner’s on- premises allowable maximum area as provided in Section B. 5. hereinabove. (d) The content of directional signs shall be limited to the name of the establishment and direction and distance informat i on. (e) Directional signs shall not be located more than five hundred feet (500’) from an entrance or other roadway or entrance and on the same side of the road as the advertiser’s premises. (f) When two (2) or more directional signs are requested at the same location, all information shall be combined in one (1) sign which shall not exceed an area of twelve (12) square feet for a single-faced sign or twenty-four (24) square feet for a double faced sign. 7. Real Estate Develoment Marketinq Siqns - In addition to the General Provisions of this part, the following regulations shall apply to all real estate development marketing signs: (a) The use of real estate development marketing signs shall be limited to those developers.or owners having for sale a minimum of six (6) lots in one (1) subdivision.
(b) Such signs must be located within the development. (c) Such signs may advertise only the lots in the subdivision . in which the sign is located and shall not include the realtor’s, developer’s or landowner’s business in general. The content of such signs shall be limited to the name of the development , the developer’ s name, and the telephone number of the developer or his sales agents. (d) Such signs shall conform to relevant setback line requirements.
XIV-20 (e) ‘Signs shall not be closer to each other than one thousand 3 feet (1000’) measured in a straight line between said signs.
(f) The maximum sign area of any such single-faced sign shall be twenty (20) square feet and, for any such douhle-faced sign, forty (40) square feet. No part of such sign shall be more than ten feet (10’) above ground level or in excess of ten feet (10’) in any dimension. 8. Shominq Center Siqns - In addition to the general provisions of this part, the following regulations shall apply to shopping centers having more than four (4) individual businesses:
(a) ‘Only ground pole signs which bear the name of the shopping center may be erected on the lands occupied by the center, subject to the provisions of Section B.
(b) Each individual business shall be limited to wall signs in accordance with the provisions of Section B.2. 9. Business Office Buildinq Siqns and Business Office ComDlex Siqns - In addition to the general provisions of this part, the following regulations shall apply to business office building signs and business office complex signs:
(a) Only one (1) ground pole sign which bears the name of a business office building together with the name of each business occupant may be erected on the lands occupied by such use and shall be limited to the provisions of Section A. 3.
(b) Only one (1) ground pole sign which bears the. name of a business office complex together with the name of each business occupant may be erected on the lands occupied by such use and shall be limited to the provisions of Section A. 3.
(c) Each business occupant shall be limited to one (1) wall sign in accordance with the provisions of Section B. 2.
10. TemDorarv Siqns - In addition to the general provisions of this part, the following regulations shall apply to temporary signs:
(a) An individual business shall be limited to one (1) temporary sign at any one time.
(b) A temporary sign shall relate only and directly to the business located on the premises.
(c) A temporary sign shall have no more than two (2) advertising sides or faces.
XIV-21 (d) A single advertising face or advertising side of a temporary sign shall not exceed twelve (12) square feet in area. (e) A temporary sign face or advertising side shall not have any dimension (length, width, height, diameter) in excess of six (6) lineal feet. (f) A temporary sign shall be limited to a ground pole sign (see definition). C. Sians in Residential Zones. 1. All signs are prohibited in residential zones as defined in This Ordinance, except those signs allowed under Section A. 1. or as allowed as nonconforming sign uses under Section G. 1.
2. Illuminated signs are prohibited in residential zones except , for street address signs, signs indicating churches or other places of worship, and municipal signs necessary for public safety. 3. Notwithstanding anything else to the contrary in this part, no sign may be erected or maintained in a residential zone which exceeds twenty-five (25) square feet of area on a single-face, or fifty (50) square feet of area on a double-faced sign.
D. Abandoned Sisns. 1. "Abandoned Sign" Defined - An abandoned sign shall mean: (a) A sign which has remained without bonafide advertising for a period of six (6) months, and for which the sign owner has not made application for a current permit as provided hereinbe.low, or which is without a current lease or license from the landowner, or as to which the sign owner has ceased to attempt to lease the advertising space; or (b) A sign which requires maintenance or repair in excess of twenty-five percent (25%) of the replacement cost of the sign as determined by the Zoning Officer after consultation with the sign owner if said owner can be identified from the permit previously issued for such sign.
XIV-22 2. Removal of Abandoned Signs - Signs that are abandoned shall be removed by the persons responsible for the erection and/or maintenance thereof within thirty (30) days after notice of the abandonment to such persons by the Zoning Officer. If such persons fail or refuse to remove such abandoned signs after the -notice aforesaid, the Zoning Officer may remove the signs at the expense of the persons responsible for the erection and/or maintenance thereof.
E. Enforcement. 1. Zoning Officer - (a) Appointment - The Board of Supervisors by resolution shall appoint the Zoning Officer and any assistants to enforce the provisions of this part. (b) Duties of the Zoning Officer - (1) The Zoning Officer shall examine all applications for permits to erect and/or maintain signs and shall issue permits for signs which conform to the requirements of this part. The Zoning Officer, or his designees, shall record and file all applications, conduct an inspection of all signs and make such reports as the Board of Supervisors may require. (2) When the Zoning Officer finds that any sign has been constructed, structurally changed, altered or erected, or is being maintained in violation of the provisions of this part, he shall notify promptly the owner, lessee or lessor thereof in writing. If the owner, lessee or lessor fails to remove or alter the sign so as to comply with the provisions of this part within ten (10) days of the mailing of written notice, the Zoning Officer shall commence enforcement proceedings as provided in This Ordinance. (3) When the Zoning Officer shall find any sign which is in immediate peril to persons or property, he shall be empowered to order it to be removed and the costs of such removal shall be borne by the owner or lessor and shall constitute a lien upon the premises.
XIV-23 2. Sign Permits - (a) General Provisions .for All Signs - All applications for sign permits shall be made on forms supplied by the Zoning Officer. Permits must be kept on the premises (except for off-premises signs) where the sign is displayed and must be produced and exhibited to the Zoning Officer upon request. (b) Permits to Erect New Signs or to Alter or Move Existing Signs - (1) No sign hereafter shall be erected, structurally changed, altered or moved until a permit has been obtained therefor from the Zoning Officer. Such . permit shall be issued only when the Zoning Officer is satisfied that such sign will comply with all of the applicable provisions of this part.
(2) An application for a sign permit shall be made on the forms provided above and shall contain or have attached thereto the following information: a. Name, address and telephone number of appl i cant.
b. A site plan drawn to rules showing the location . of the building, structure or lot to which the sign. is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thoroughfares.
C. A plan drawn to scale showing the design of sign, materials to be used, colors, lighting, lettering, method of construction, and means of attachment to the building or ground. d. Name of person, firm, corporati on or associ ati on erecting, altering or moving said sign. e. Name and address of the owner of the land on which the sign is to be erected, altered or relocated, together, with the owner’s written consent. f. Any other information as the Zoning Officer shall require in order to show full compliance with this and all other applicable ordinances of this Township.
XIV-24 (3) After a sign permit has been issued, the owner of the sign shall promptly notify the Zoning Officer of the completion of the permitted activity who shall inspect the sign. If the sign is finished in accordance with the permit, the permit shall be validated by signature of the Zoning Officer. (c) Permits for Existing Signs - All owners of signs in existence at the time of the effective date of this part who do not hold permits, shall make application for a sign permit within ninety (90) days of said effective date. After receipt of an application to permit an existing sign, the Zoning Officer shall inspect the sign. If the sign is safe and in good repair, a permit shall be issued to the applicant. 3. Permit Fees - (a) Every applicant for a permit hereunder shall pay to the Township a fee for each sign regulated by this part in accordance with a fee schedule adopted by the Board of Supervisors.
F. Nonconforminq Sisns. 1. All signs which are in existence on the effective date of this part which do not conform to one (1) or more of the applicable provisions of this part with the exception of these signs prohibited under Section A. 2. ("Signs Prohibited In All Districts") above shall be eligible for a nonconforming sign permit, which Permit shall be issued under the provisions of Section E. 2. above but shall be marked as "Nonconforming Sign Permit .'I 2. Any sign which is in violation of Section A. 2. shall be removed or brought into compliance with the provisions of this part within thirty (30) days after the effective date of this part. It shall be unlawful to maintain a sign in violation of Section A. 2. The Zoning Officer is empowered to institute enforcement proceedings after the expiration of thirty (30) days for any violation of this Section. 3. All nonconforming signs under (2) above shall be permitted to remain in present form and status until: (a) A change of ownership of a nonconforming sign occurs after the effective date of this part, at which time such nonconforming sign shall be removed or brought into compliance with the provisions of this part; or
XIV-25 (b) A nonconforming sign is removed, at which time any replacement sign shall comply with the provisions of this part. For the purpose of this Section, the term "change of ownership' above shall be deemed to mean the passage of title from the owner of the nonconforming sign or the premises on which the nonconforming sign is located as of the effective date of this part to another person, firm, partnership, corporation or other entity, except that said term shall not be deemed to include passage of title (1) between spouses, (2) between present owners and a partnership or corporation in which the partners or stockholders are identical to the present owners and only as long as said identity remains, and (3) between a present partnership or corporation and its individual partners or stockholders as the result of a dissolution of the former entity.
G. Nonconforminq Siqn Uses. 1. A sign in use and existing upon the effective date of this part but which would be prohibited by this part because of its existence in a zoning district prohibiting such sign shall be permitted to remain in existence as a nonconforming sign use provided that such sign otherwise complies with all requirements of this part with regard to its size, height, construction, location, appearance and other matters regulated by this part. 2. The Zoning Officer shall document the status of nonconforming sign use on the sign permit required under Section E. 2. above. Such documentation shall be the exclusive evidence and proof of the status of a nonconforming sign use.
SECTION 14.17 - PROHIBITED USES IN ALL DISTRICTS. A. No use may be permitted which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in a manner or amount as to cause permanent damage to the soil and stream or to adversely affect the surrounding area, or by reason of the creation of noise, vibration, electro-magnetic or other disturbance, or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates, or which involves any dangerous fire, explosive, radioactive or other hazard, or which causes injury, annoyance or disturbance to any of the
XIV-26 . .. surrounding properties or to their owners and occupants, any other process or use which is unwholesome and noisy (See Performance Standards Section 14.18) and may be dangerous or prejudicial to health, safety or general we1 fare.
. B. Amusement parks and circuses and related activities, except for a temporary period on special license from the Township Supervisors. C. Junk yard, dump, or disposal. site, except a refuse disposal site established as an official Township Refuse Disposal Site or a refuse site duly licensed as a refuse site by the Pennsylvania Department of Environmental Resources. D. The excavation, extraction or removal of any natural resources from the land or ground for any purposes without prior approval of the Board of Supervisors. E. No structure, or any part of a storm drainage or sewage disposal system shall be located within 100 feet of the legally established high water line or either a surface reservoir for domestic water supply or any streams tributary to a flood plain area, subject to approval of the Pennsylvania Department of Environmental Resources. F. No unlicensed, inoperable or junked motor vehicle or substantial remnants thereof shall be parked, stored, placed, or allowed to . remain on any lot within any zoning district for a period in excess of thirty (30) days, except that nothing shall be deemed to prohibit the parking, storage or placement of such a vehicle within a completely enclosed building or structure, or within a junk yard with a valid license and permit thereof.
SECTION 14.18 - PERFORMANCE STANDARDS. No land or building in any Zoning District shall be developed, used or occupied in any manner so as to create any dangerous, injurious,noxious, or otherwise objectionable fire, explosive, or other hazard; noise, or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electromagnetic or other substance, condition or element in such manner or in such amount as to adversely effect the reasonable use of the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements") ; provided that any use permitted or not expressly prohibited by This Ordinance may be undertaken and maintained if it conforms to the regulations of this Section limiting dangerous and objectionable elements at the point of the determination of their existence. A. Enforcement Provisions ADplicable to Other Uses. Even though compliance with performance standards procedure in obtaining a building permit is not required for some particular uses, initial and continued compl iance with the performance standards themselves is required of every use, and provisions for enforcement of continued compliance with performance standards shall be invoked by
XIV-27 the Township against any use if there are reasonable ground to believe that performance standards are being violated by such use. B. Performance Standards Procedure. An application for a building permit or a certificate of occupancy for a use subject to performance standards procedure shall include a plan of the proposed construction and a description of the proposed machinery, operations and projects, and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this Section. The applicant shall also file with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform with same at all times. No applicant will be required to reveal any secret processes. The Township may employ qualified experts to review such plan, description and specification at the cost of the applicant. C. Performance Standard Requl ations 1. Fire and ExDlosion Hazards. All activities involving, and all storage of, fl ammabl e and expl osi ve materi a1 s shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of State and other local laws and regulations shall also apply. 2. Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot line; nor shall any vibration produced exceed 0.0029 peak at up to 5C cps fi-equeccy, neastii-ed at or beyond the lot line using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than 50 cps frequency or a periodic vibration shall not induce accelerations exceeding .OOlg. Single impulse aperiodic vibrations occurring at an average interval greater than 5 minutes shall not induce accelerations exceeding .Olg. 3. Smoke. No emission shall be permitted at any point, from any chimney or otherwise, or visible gray smoke of a shade equal to or darker than No. 2 on the Power’s Micro-Ringlemann Chart, pub1 i shed by McGraw-Hi 11 Pub1 i shing Company, Inc. and copyright 1954 (being a direct facsimile reduction of the standard Ringlemann Chart as issued by the United Stated Bureau of Mines), except that visible gray smoke of a shade equal to No. 2 on said chart may be emitted for 4 minutes in any 30 minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparently equivalent opacity.
XIV-28 4. Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable
when diluted in the ratio of one volume or odorous air emitted 1 to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 111, "Odor Thresholds", in Chapter 5, "Air Pollution Abatement Manuals", copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C. and said manual, and/or table as subsequently amended. 5. Flv Ash, Dust, Fumes, Vapors, Gases, Other Forms of 'Air Pollution. No emission shall be permitted which can cause any damage to health, to animals, vegetation, or other forms of property or which can cause any excessive soiling, at any point on the property of others, and in no event any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combust i on, standard correct i ons shall be applied to a stack temperature of 500 degrees Fahrenheit and fifty percent (50%) excess air. 6. Electromaqnetic Radiation. It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navi- gation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, for any other use directly or indirectly associated with these purposes which does not comply with the then current regulations of the Federal Communications Commission regarding such sources of el ectromagnet i c radi at i on, except that for a1 1 governmental communications facilities, governmental agencies and government owned plants, the regulations of. the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Commi ttee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and ' 'of qual i ty and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers,
XIV-29 the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: (1) American Institute of Electrical Engineers, (2) Institute of Radio Engineers, and (3) Electronic Industries Association. 7. Radioactive Radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes, shall be in conformance with the regulations of the Atomic Energy Commission as set forth in Title 10, Chapter One, Part 20 - Standards for Protection Against Radiation, as amended; and all applicable regulations of the State of Pennsylvania. 8. Heat. For the purpose of This Ordinance, heat is defined as thermal energy of a radioactive, conductive, or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 10 degrees F.; whether such change be in the air or in the ground, in a natural stream or lake, or in any structure on such adjacent property. 9. Liciht Glare (a) Direct Liqht Glare. Direct light glare is defined for the purpose of Thi s Ordinance as i 11 umi nati on beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature process as welding or petroleum or metallurgical refining. No such direct glare shall be permitted with the exception that parking areas and walk- ways may be illuminated by luminaries so hooded or shielded that the maximum angle or the cone of direct i 11umi nat i on shall be 60 degrees drawn perpendi cul ar to the ground, with the exception that such angle may be increased to 90 degrees if the luminary is less than 4 feet above the ground. Such luminaries shall be. placed not more than 16 feet above ground level and the maximum illumination at ground level shall not be in excess of three foot-candles. (b) Indirect Liqht Glare. Indirect light glare is defined for the purpose of This Ordinance as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface not to exceed:
XIV-30 3
.3 foot-candles (Maximum)
.l foot-candles (Average) , deliberately induced sky-reflected glare, as by casting a beam upward for advert i si ng purposes, i s speci f i cal ly prohibited. 11. Liauid or Solid Wastes. No discharge shall be permitted at any point into any sewage disposal system, or watercourse, or lake, or into the ground, except in accordance with standards approved by the PA Department of Environmental Resources or other regulating department or agency of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive ele- ments. There shall be no .accumulation of solid wastes conducive to the breeding of rodents or insects.
SECTION 14.19 - FENCES AND WALLS. A. Fences and walls (including retaining walls) may be erected, altered, and maintained within yards provided that any such fence or wall shall not exceed four (4) feet in height. B. No wall fence, sign or other structure shall be erected or altered and no hedge, trees, shrubs or other growth shall be maintained or permitted which may cause danger to traffic or a street or public road !by obscuring the view. C. No fence, wall or other structure shall be erected or maintained within the right-of-way of any street, drainage or sewer right-of- way, or any other public easement. D. A fence may be erected higher than four (4) feet, but shall not exceed eight (8) feet in the following instances: 1. A fence up to eight (8) feet in height is permitted to enclose a swimming pool, provided such fence and pool are located within the rear yard and at a minimum of ten (10) feet from any property line. 2. A fence up to eight (8) feet in height is permitted to enclose a patio, provided such fence and patio are located within the rear yard and at a minimum of ten (10) feet from any property line. 3. A fence eight (8) feet in height is permitted in the rear yard area if located outside the required rear and side yard setbacks.
XIV-31 SECTION 14.20 - LANDSCAPING. No shrubs or trees shall be planted or maintained within right-ofway of any street, drainage or sewer right-of- way, or any other public easement.
SECTION 14.21 - USES NOT PROVIDED FOR. Any use not specifically allowed elsewhere in this Ordinance shall be allowed by special exception in the - district or districts where , and to the extent that, similar uses are f permitted or allowed by special exception provided that said use meets the requirements for a special exception and does not constitute a public or private nuisance.
SECTION 14.22 - HABITABLE FLOOR AREA. The minimum habitable floor area of every dwelling unit or any building or structure hereafter erected or used for living purposes, shall be not less than eleven hundred (1,100) square feet on the first floor if one story or seven hundred twenty (720) square feet on the first flccr if tws or more stories. Ir! case of apartment houses and conversion apartments, the minimum habitable floor area shall be not less than four hundred (400) square feet per apartment, except those apartments designed for and occupied exclusively by one person, which apartment shall contain not less than three hundred (300) square of habitable floor area. In the case of mobilehomes or manufactured homes, the habitable floor area shall not be less than four hundred (400) square feet.
SECTION 14.23 - FIRE ESCAPES. Nothing herein contained shall prevent the projection of an open fire escape into a yard for a distance not to exceed eight (8) feet.
SECTION 14.24 - PRIVATE OUTDOOR SWIMMING POOLS. No swimming pool with a capacity of 10,000 gallons or more shall be constructed or installed unless the Township Engineer or Department of Environmental Resources has certified that the drainage of such pool is adequate and will not interfere with any domestic water facilities, any sanitary sewage facilities or any streets. A. A single private outdoor swimming pool may be permitted on the same lot with a residence, subject to the following conditions: 1. The pool shall be located at the rear of the dwelling and shall observe the sideyard and rearyard setbacks for .the appropriate district. 2. If a pool is located within 50 feet from any lot or street line, such pool shall be screened from the view of abutting properties. Any such screen shall be at least five feet high.
XIV-32 *- 3. A: pool with a surface area of 150 square feet or more or a depth in excess of 2 feet shall be completely surrounded by a fence or wall that is not less than four feet in height. All gates or doors opening through said fence shall be erected maintained and provided with a self-closing, self-locking gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than three and one-half (3-1/2) feet above the ground level, then a fence is not required, provided €hat all points of access to said pool are adequately protected by self-closing, self-locking gates.
SECTION 14.25 - GARAGE/YARD SALES. A. 6arage, yard, attic, barn. or similar type of residential sales shall be permitted during daylight hours in all districts by temporary use permit issued by the Zoning Officer, subject to the following condi- tions: 1. The period of sale shall not exceed three (3) consecutive days. 2. Only goods and property of the applicant(s) shall be sold and such goods and property shall not have been purchased or other- wise acquired by the applicant(s) for the purpose of resale. 3. No household, applicant, or applicants, shall receive a permit for more than two (2) sales per calendar year. 4. Temporary signs erected on the property of sale shall be subject to the procedural requirements of Section 14.16, entitled Sign Regulations. No signs shall be permitted except in accordance with the provisions of Section 14.16 D. hereof. Such temporary signs shall be erected not more than seven (7) days prior to, and removed not more than one (1) day after the scheduled sale event. B. The application for temporary use permit shall include the following information: 1. Name, address, and telephone number of applicant or applicants. 2. A description of the sale event, including date, location, and time of duration. 3. A description of the nature of goods to be offered for sale. C. The application for temporary use permit shall be submitted at least seven (7) calendar days prior to the date of sale.
XIV-33 SECTION 14.26 - MICROWAVE ANTENNA FOR SATELLITE COMMUNICATION. Microwave antennas are permitted accessory uses in all Zoning Districts, subject to the following: A. The diameter of the microwave antenna shall not exceed 12 feet in the OS, RF, RC and RS Districts. When separately supported, the total height of the antenna shall not exceed fourteen (14) feet. B. Microwave antennas installed in the VC, CH, LI and IG Districts shall not exceed sixteen (16) feet in diameter. Where separately supported, the total height of the microwave antenna shall not exceed twenty (20) feet. C. No microwave antenna shall project nearer to the street on which the principal building fronts than the front wall of such principal building. The antenna may not be located within the side yard setback. The antenna may be located within the rear yard, but no portion of the antenna shall extend closer than five (5) feet from the rear property line. 0. Roof-mounted microwave antennas or building-attached antennas extending above the roof peak of the building shall be permitted provided that the total height of the microwave antenna does not exceed twelve (12) feet above the roof peak.
. E. No more than one (1) microwave antenna shall be permitted on any lot or building without a Special Exception granted by the Zoning Hearing Board. F. A building permit in accordance with Article XVII must be obtained prior to the erection of any microwave antenna. G. No microwave antenna may be erected which is prohibited by regulations of the Federal Communications Commission or other regulatory agency having jurisdiction. H. This Ordinance shall in no event be construed to permit as a permissible accessory use a microwave antenna for satellite communication used or intended to be used for the propagation or transmission of radio or electromagnetic waves, it being the intent hereof that such microwave antennas are prohibited.
XIV-34 ?
SECTION 14.27 - PLACES OF WORSHIP A. Permitted Uses 1. Places of worship including churches, synagogues, temples, chapels, halls and the like. 2. Religious education building but not parochial schools. 3. Recreation buildings when accessory to worship activity. 4. Residences when related to worship activity, such as parish house, manor, convent and the like. B. Area and Bulk Resulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions: 1. The minimum lot size shall be one acre; however, if the sanctuary shall have space for more than 500 persons one additional acre shall be required for each additional 100 persons or portion thereof. 2. The minimum front, side and rear yards shall be 50 feet. 3. The maximum lot coverage (principal and accessory buildings) shall be 20 percent. 4'. The minimum open area shall be 30 percent. 5. The maximum building height shall be 3 stories, not to exceed 45 feet, except that steeples, towers, domes and similar architectural features may exceed this maximum by one foot in height for each two feet the building is set back from the street or front property 1 ine. C. Parkinq Reauirements 1. Assembly halls and/or areas One (1) space per 200 sq. ft. of floor space or one (1) space per five (5) seats, whichever is greater. 2. Parish house and/or Two (2) spaces similar place of residence 3. Convents and similar uses One (1) space for every two (2) residents
XIV-35 SECTIOM 14.28 - CEMETERIES A. Permitted Uses 1. Cemeteries 2. Mausoleums 3. Crematori es 4. Caretaker Residence 5. Chapels B. Area and Bulk Resulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions: 1. The minimum size of a cemetery shall be 5 acres. 2. The minimum front, side and rear yards shall be 100 feet. 3. The maximum lot coverage (building, driveways, parking areas and other paved surfaces) shall be 10 percent. C. Parki nq Reaui rement s 1. Places of assembly One (1) space per 200 sq. ft. of floor space or one (1) space per five (5) seats, whichever is greater 2. Caretaker residence Two (2) spaces 3. Employees One (1) space per full-time and part- time empl oyee 0. Su~~lementalRequl ations 1. Landscaping shall be required and set in place according to a plan approved by the Commission. 2. An ornamental fence or densely planted buffer strip shall be required where the lot abuts an existing residential use or a residential zoning district. 3. No parking area shall be located within the required front, side or rear yards.
XIV-36 SECTION 14.29 - EDUCATIONAL INSTITUTIONS
A. Permitted Uses . 1. Public Schools 2. Parochial Schools 3. Private Schools 4. Colleges and Universities 6. Area and Bulk Resulations. All area and bulk regulations of the prevailing Zoning District shall apply with the following exceptions: 1. The minimum lot size shall be based upon the following standards for school sites (a) Elementary - 10 acres (b) Junior High - 20 acres (c) Senior High - 35 acres (d) Colleges and Universities - 35 acres 2. In addition to the above acreage, there shall be provided one acre of land for each 100 students. 3. The minimum front, side and rear yard shall be 100 feet. 4. The maximum 1 ot coverage (principal and accessory bui 1 dings) shall be 20 percent. C. Parkinq Reauirements 1. Elementary School s Two (2) spaces per classroom plus one (1) space for each five (5) seats in any audi tori um or other pl ace of assembly. 2. Junior High School Four (4) spaces per classroom plus one (1) space for each five (5) seats in any auditorium or other place of assembly
XIV-37 3. Senior High School, Eight (8) spaces per Col 1ege and Un i vers i ty classroom plus one (1) space for each five (5) seats in any auditorium or other place of assembly
0. SUDD1 emental Rem1 ations 1. Each site shall be landscaped in accordance 'with a plan approved by the Commission. 2. A planted buffer strip shall be required where the site abuts an existing residential use or a residential zoning district. 3. No parking area shall be permitted within the required front, side or rear yards. 4. Each site shall be easily accessible from an improved street or highway with safe ingress and egress for both vehicular and pedestrian traffic. 5. Each site shall be economically accessible to essential public utilities. 6. All play areas contiguous to any developed lot shall be fenced.
SECTION 14.30 - HEALTH AND WELFARE INSTITUTIONS A. Permitted Uses 1. Philanthropic, charitable or religious institutions. 2. Hospitals. 3. Nursing and convalescent homes. 4. Sanitarium for general medical care. B. Area and Bulk Resulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions: 1. The minimum lot area shall be 5 acres or 800 sq. ft. per patient bed whichever is greater. 2. The minimum front, side, and rear yards shall be 100 feet. 3. The maximum lot coverage (principal and accessory buildings) shall be 20 percent.
XIV-38 4. The maximum building height shall be 3 1/2 stories, not to exceed 45 feet, unless increased by Special Exception. C. Parkinq Reauirements. One (1) space per three (3) patient beds plus one (1) space for each employee. D. Sumlemental Requl ations 1. Each site shall be landscaped in accordance with a plan approved by the Commission. 2. No parking area shall be located within the yard requirements. 3. Sufficient exterior nighttime illumination of the parking area shall be required to provide convenience and safety. All such illumination shall be shielded from view of all surrounding streets and lots. 4. All buildings shall be of fire-proof construction. 5. All permitted uses shall be served by adequate water and sewer systems.
SECTION 14.31 - MEMBERSHIP CLUBS AND CAMPS A. Permitted Uses 1. Membership Clubs and Camps 2. Outdoor recreational facilities such as: (a) private playgrounds (b) golf clubs (c) swimming pool s (d) tennis courts B. Area and Bulk Resulations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions: 1. The minimum lot area shall be 10 acres. 2. The minimum front, side and rear yards shall be 300 feet. C. Parkinq Requlations. One (1) space per two (2) members or two (2) accommodations (such as lockers) whichever is greater, plus one (1) space per empl oyee.
XIV-39 D. S~DD~emental Requl at i ons 1. Such club is incorporated pursuant to the provisions of a Membership Corporation or unincorporated associations approved by the Township Supervisors; and catering exclusively to members and their guests. 2. Such use shall not be conducted primarily as a business enter- pri se. 3. The use of outdoor public address systems for any purpose shall be approved by the Commission. 4. Exterior lighting, other than that essential for the safety and convenience of the users of the premises shall be prohibited. All exterior lighting shall be shielded from the view of all . surrounding streets and lots. 5. A densely planted buffer strip shall be required where the site abuts an existing residential use or a residential zoning dis- trict.
SECTION 14.32 - COMMERCIAL CAMPS AND RESORTS A. Permitted Uses. A site to be used for a commercial camp or commercial resort establishment shall include an office and lobby and may include slrch accessory uses as: restaurants, coffee shops, cafeteria dining halls providing food and drdnk, amusement and recreation facilities such as a swimming pool, children’s playground, tennis or other game sports; and game or recreation rooms. B. Area and Bulk Requlations. All area and bulk regulations of the prevailing Zoning District shall apply with the following exceptions: 1. The minimum lot area shall be ten (10) acres not less than 500 feet deep with at least 500 feet fronting on a State or Federal hi g hway . 2. The minimum front, side and rear yards shall be 200 feet. 3. All principal and accessory buildings and structures shall cover a total of not more than 35% of the site. A restaurant, coffee shop, cafeteria or dining hall shall not cover more than 10% of the site. There shall be no more than one (1) dormitory, resort or dwelling unit for every 2,000 square feet of lot area, or one second story unit for every 1,750 square feet of first story units.
XIV-40 C. Parkinq Requlations. Points of vehicular ingress and egress shall be limited to a total of two (2) on any street. Off-street parking shall be provided as follows: for resorts, at least one automobile parking space, carport or garage shall be provided on the site for each resort unit, and shall be located within 300 feet of the resort unit which it serves; for restaurants, coffee shops or cafeterias, at least one (1) automobile parking space shall be provided for every 100 square feet of floor area devoted to patron use, and one additional space shall be provided for each employee. All off- street parking areas shall be at least 200 feet from all property lines, and parking areas serving a restaurant, cafeteria, coffee shop, or dining hall shall be at least 30 feet from all dormitory, resort, or dwelling units. D. Sumlemental Requlations 1. The maximum length of any such building shall not exceed 150 feet. Distance between buildings shall not be less than 25 feet, except that this distance may be reduced to 15 feet where no driveway passes between buildings. 2. The total interior floor area of each dormitory unit. inclusive of bathroom and closet space, shall not be less than 250 square feet. Dormitory units shall not be interconnected by interior doors in groups of more than two units. 3. A densely planted buffer strip shall be required where the site abuts an existing residential use or residential zoning district. 4. Before the issuance of any building permit, a detailed plan for the proposed development of a site for a commercial camp or resort facilities shall be submitted and approved, as provided in the Middlesex Township Subdivision and Land Development Ordinance. In addition to the other requirements of the Ordinance, the Plan shall identify the location and size of existing trees, all other landscaping proposed, the architectural style, general design, colors and materials to be used on exterior surfaces and detailed plans for any signs as well as any other information, elevations or perspectives which will enable the reviewing bodies to recognize the impact of the proposed development on the area involved and to determine conformity with the purposes of This Ordinance.
SECTION 14.33 - MOBILE HOME PARKS. The Zoning Hearing Board may approve Mobi 1 e Home Parks accordi ng to the procedures and requi rements speci f i ed below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and economical qualities of open space, provided that such use will not create a traffic
XIV-41 hazard or otherwise impair the value, health, welfare, or convenience of the surrounding neighborhood or prospective occupants. A. Procedure. No person, firm or corporation shall construct, maintain, or operate a Mobile Home Park within the Township without obtaining a building permit and subsequently a certificate of occupancy.
c 1. Prior to the issuance of a building permit in a Mobile Home Park a Land Development Plan shall be submitted and approved in accordance with the Middlesex Township Subdivision and Land Development Ordinance, and the following conditions: (a) Said Plan shall include areas within which mobile homes may be located, the spacing of mobile homes, open spaces and their landscaping, off-street parking spaces, and streets, driveways, utilities, watercourses, and any other physical features relevant to the proposed plan, and (b) Prior to Plan approval the developer shall file with the Township Supervisors a performance guarantee to insure the proper installation of all street, utility, and recreation improvements shown on the Plan, and may be required to file a maintenance guarantee to insure the proper maintenance of all such facilities. The amount and period of said guarantees shall be determined by the Commission, and the form, sufficiency, manner of execution, and surety shall be approved by the Township Solicitor and Township Supervisors. 2. The Township may grant a certificate of occupancy for a period not to exceed six (6) months from the date of approval of such certificate which shall be renewable every six (6) months. The Township may inspect each Mobile Home Park prior to granting a semi-annual Certificate for conformance with the provisions of This Ordinance and any other applicable regulations. It shall be incumbent upon the proprietor of a Mobile Home Park to keep a register and to report therein the name of the person or head of family occupying each said mobile home, showing date of entry on said land, serial number, and make and size of trailer, the last permanent address of the person or head of family using said mobile home, and the names of all persons using or living in said mobile home. Said register and Mobile Home Park shall be subject to in- spection periodically by the .Township.
XIV-42 B. Park Site. The park site shall be well drained and have such grades and soil as to make it suitable for the purpose intended. All such parks shall be planned as a unit and shall be located on a tract of land at least ten (10) acres in size. The area of said site shall be in single ownership or under unified control. C. Lot Reauirements. All lots in any Mobile Home Park shall be well drained and graded to a point where Mobile Homes may be parked so that the parking of the same shall result in safety to all concerned. In all instances as much natural vegetation as is reasonably possible shall be preserved by any Mobile Home Park developer . 1. Individual mobile home lots located in a Mobile Home Park shall contain at least 5,000 square feet of lot area and shall not be less than 50 feet wide at the building setback line exclusive of easement. 2. The maximum number of mobile home lots that may be approved in a Mobile Home Park shall be computed by subtracting from the total gross area a fixed percentage of 10% of said area for usable open space and dividing the remaining 90% of the area by the minimum lot requirements set forth above. 3. In computing the maximum number of mobile home lots that may be created, and lands which are located within a floodplain area, which are subject to either periodic flooding or occasional chronic wetness, which are occupied by public utility easements, or which have a slope in excess of 25% in such a manner as to limit their use or prevent their development shall not be considered part of the total gross area. 4. All mobile home lots shall be given street numbers and all park streets shall be given names. Street numbers shall ve visible from the street. Street signs shall be erected and maintained.
0. Yard and Setback Reauirements 1. All mobile homes shall be located at least seventy-five (75) feet from any street right-of-way which abuts a Mobile Home Park boundary and at least one hundred (100) feet from any other park boundary line. 2. There shall be a minimum distance of twenty-five (25) feet between an individual mobile home and adjoining pavement of a park street, or common parking area, or other common areas. 3. All mobile homes shall be separated from each other and from other buildings by at least twenty (20) feet.
XIV-43 E. Park Street System 1. Park Access. Access to Mobile Home Parks shaTl be designed to minimize congestion and hazards at the entrance or exit and allow free movement of traffic on adjacent streets. Each Mobile Home Park shall be provided with at least two (2) points of ingress and/or egress and a distance of at least 150 feet shall be maintained between centerl ines of access streets. c 2. Lot Access. All Mobile Home Parks shall be provided with safe and convenient paved access streets to and from each and every mobile home lot. Alignment and gradient shall be properly adapted to topography. 3. Streets. All streets within any Mobile Home Park shall have a minimum right-of-way width of fifty (50) feet and a minimum cartway width of twenty-six (26) feet. All Streets shall be paved in accordance with Township specifications and shall be kept in good repair. 4. Intersections. Not more than two (2) streets shall intersect at any one (1) point and a distance of at least 150 feet shall be maintained between centerl ines of offset intersecting streets. F. Reaui red Off -Street Parki nq 1. Off-street parking areas shall be provided in all Mobile Home Parks for the use of park occupants and guests. Such areas shall be furnished at the rate of at least one and one-half (1.5) vehicular parking spaces for each mobile home lot. 2. Each off-street parking space shall contain at least 300 square feet and shall not exceed a distance of three hundred (300) feet from the mobile home lot that it is'intended to serve. G. Utility ImDrovements 1. Water Distribution. All Mobile Home Parks shall provide to each separate mobile home lot line a continuing supply of safe and potable water as approved by the Department of Environmental Resources.
2. Sewaqe Dis~osal. All Mobile Home Parks shall provide to each L separate mobile home lot a connection to a centralized sanitary sewage disposal system which shall be approved by the Department of Environmental Resources. 3. No building permit shall be issued until the sewage disposal and water distribution systems for the Mobile Home Park have been approved by the Department of Environmental Resources.
XIV-44 - 4. Electrical Di tribution. All Mobile Home Parks shall have underground e ectrical distribution systems which shall be installed and maintained in accordance with the local electrical power company’s specifications regul ating such systems. 5. Natural Gas Svstems. (a) Natural gas piping systems when installed in Mobile Home Parks shall be maintained in conformity with accepted engineering practices.
(b) Each mobile home lot provided with piped gas shall have an approved shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharges of gas when the outlet is not in use. 6. Liauified Petroleum Gas Systems.
(a) Liquified petroleum gas systems provided for mobile homes, service buildings or other structures shall include the following: Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. Systems shall have at least one accessible means for shutting off gas. Such means shall be located out- side the mobile home and shall be maintained in effective operating condition. All LPG piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted liquified petroleum gas liquid -form shall not be conveyed through piping equipment and systems in mobile homes. Vessels of more than 12 and less than 60 U.S. gallons gross capacity may be securely but not permanently fastened to prevent accidental overturning. No LPG vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure unless such installations are specially approved by the Commission. 7. Fuel Oil SUDD~VSvstem. (a) All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed
XIV-45 and maintained in conformity with such rules and regulations as may be required by the Township. ;) ;) (b) All piping from outside fuel storage tanks or cylinders to mobile homes shall be securely, but not permanently, fast- ened in place. (c) All fuel oil supply systems provided for mobile homes, service buildings and other structures shall have shut-off 3 valves located within five inches of storage tanks. (d) All fuel storage tanks or cylinders shall be securely placed and shall not be less than five feet from any mobile home exit.
(e) Storage tanks located in areas subject to traffic shall be protected against physical damage. H. Usable ODen %ace. All Mobile Home Parks shall provide not less than ten percent (10%) of the total land area for usable open space purposes. Usable open space shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located and easily accessible to all park residents. 1. Exposed ground surfaces in all parts of every park shall be paved, or covered wtth stone screenings, other solid material, ,- or protected with a vegetation growth that is capable of preventing soil erosion and the emanation of dust during dry weather. 2. Park grounds shall be maintained free of vegetation growth which is poisonous or which may harbor rodents, insects, or other pests harmful to man. I. Buffer Striw. A suitably screened or landscaped buffer strip at least ten (10) feet wide, approved by the Commission shall be provided by the developer along all the property and street boundary lines separating the park from adjacent uses. J. Wal kwavs 1. General Requirements. All parks shall be provided with safe, convenient, all season pedestrian walks of adequate width for intended use, durable and convenient to maintain, between in- dividual mobile home lots, the park streets and all community facilities provided for park residents. Sudden change in alignment and gradient shall be avoided. 2. Common Walk System. A common walk system shall be provided and maintained between locations where pedestrian traffic is con- centrated. Such common walks shall have a minimum width of four (4) feet.
XIV-46 3. Individual Walks. All mobile home lots may be connected to common walks, to . paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two (2) feet. K. Sicins and Liqhtinq 1. Signs shall be permitted in accordance with the regulations applicable to the District in which said Mobile Home Park is situated. 2. All means of ingress, egress, and streets shall be adequately 1 ighted. L. Other Site IrnDrovements 1. One fire alarm box or public telephone shall be provided. The Park Operator shall require that a fire extinguisher of a type approved by the Board of Supervisors shall be maintained in each mobile home and in all public service buildings under park control. 2. Provision shall be made by the Park Operator to have garbage collected at least once every week. Any refuse disposal sites proposed within the Mobile Home Park shall be subject to the approval of the State Department of Environmental Resources. No centralized waste collection station shall be located on the park site. 3. Each mobile home lot shall be provided with a four (4) inch concrete slab on a stable surface at least 10 feet by 18 feet in size for use as a terrace and so located so as to be adjoin- ing and parallel to the mobile home. Such slab shall contain an electrical outlet to which the electrical system of the mobile home shall be connected. 4. There shall be provided in each Mobile Home Park such other improvements as the Township may require whereby such require- ments shall at all times be in the best interest of the Park residents. 5. An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosures shall provide sufficient ventilation to inhibit decay and deterioration of the structure. 6. Television reception service shall be provided from a centralized antenna service and subject to the approval of the Commission.
XIV-47 M. Park Areas for Non-Residential Uses “r 1. No part of any mobile home park shall be used for a .’ nonresidential purpose, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park. 2. Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on an individual lot and connected to the pertinent utilities.
SECTION 14.34 - TRAILER CAMPS. The Zoning Hearing Board may approve Trailer Camps according to the procedures and requirements specified below. A. Tents, camping trailers, travel trailers, pick-up coaches, motor homes or any combination thereof shall be permitted to locate ONLY in an approved Trailer Camp. B. Trailer Camps shall be provided for the specific purpose of transient or vacationing occupants and shall be subject to and regulated by the provisions of Section 14.33 entitled Mobile Home Parks, except that: 1. The Zoning Hearing Board may adjust the requirements of Section 14.33 C. in order to avoid unreasonable requirements, but in no case shall the average density exceed ten (10) trailer camp sites per net acre nor shall the maximum density permitted within said Camp exceed fifteen (15) camp sites for any single net acre. Moreover, the minimum width of any trailer camp site shall not be less than thirty-five (35) feet wide at the building setback line. 2. The Commission may adjust the requirements of Section 14.33 D.l. where appropriate, but in no case shall said minimum distance be less than fifteen (15) feet. 3. The Commission may adjust the requirements of Section 14.33 6.2. where appropriate, but adequate sanitary sewage facilities must be provided for said Camp. C. Occupancy by each dwelling structure in the Trailer Camp shall be limited to maximum of six (6) months out of each year. t,
SECTION 14.35 - RESOURCES REMOVAL A. Permitted Activities. Sandpits, gravel pits, peat bogs, removal of topsoil and landfill and the excavation, extraction, or removal of any mineral resources from the land or ground, subject to the 4 following conditions:
XIV-48 1. Removal of forests or timber is prohibited without prior approval of the Zoning Hearing Board. 2. The proposed operation shall not adversely affect soil fertility, drainage, and lateral support of abutting land or other properties, nor shall it contribute to soil erosion by water or wind. 3. Machinery and equipment such as bulldozers, shovels, and other equipment used for excavation, collection of material, loading, or hauling shall be subject to Zoning Hearing Board approval. 4. All screening, sifting, washing, crushing or other forms of processing to be conducted upon the premises shall be approved by the Zoning Hearing Board. 5. There shall be no operations of any kind on Sundays or legal holidays. Within 1,000 feet of any residence there shall be no operations between 7 P.M. and 7 A.M. 6. Where any open excavation will have a depth of 10 feet or more and a slope of more than 30 degrees, there shall be a substan- tial fence, approved by the Commission, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located no less than 50 feet from the edge of the excavation. All operations shall be screened from nearby residential uses as required by the Zoning Hearing Board. 7. The slope of material in any excavation shall not exceed the angle of repose permitted by Pennsyl vani a Department of Environmental Resources’ regulations. 8. That portion of access roads located within 100 feet of any lot in residential use or lot zoned for residence shall be provided with a dustless surface. 9. The top of the natural slope that is cut for any excavation, and the operation of any mechanical equipment, shall not be less than 50 feet from any lot 1 ine. 10. At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties. 11. Proper measures, as determined by the Zoning Hearing Board, shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include, when considered necessary, 1 imitations upon the practice of stockpiling excavated materials upon the site or the creation of a suitable landscaped buffer strip completely around the site.
XIV-49 12. No buildings shall be erected upon the premises except upon the issuance of a building permit in accordance with the regulations in all sections of This Ordinance including the Performance Standards in Section 14.18. Temporary structures for machinery and field offices may be permitted subject to the approval by the Zoning Hearing Board.
13. Before use by special exception approval is granted, an .-. approved pl an for rehabi 1 i tat i on, i n accordance with Department .-- of Environmental Resources regulations shall be submitted and approved by the Zoning Hearing Board. After any such operations, the site shall be made re-usable for a use permitted in the Zoning District. 14. Before Land Development Plan approval is granted, the owner or his agent shall execute a certified check made payable to the Township or a bond sufficient in the opinion of the Board of Supervisors to secure the rehabilitation of the si.te in accordance with the approved Land Development Plan. Any such bond shall also be approved by the Supervisors as to form, sufficiency, and manner of execution, and shall run for the same term as the term of the Development Plan approval. The amount of such bond may be reduced when, in the opinion of the Board of Supervisors, a lower amount will be sufficient to accomplish its purposes. In the event the owner or his agent does not fulfill the conditions of the bond, the Township shall, after due notice to the operator and to his bonding or surety company and upon their failure to comply with the terms of the Development Plan approval, proceed to rehabilitate the premises in accordance with the plan prescribed above, either with its own forces or by contract, and shall charge the costs to the owner, his agent, or the bonding or surety company.
SECTION 14.36 - ACCESSORY COMMERCIAL USE A. Permitted Uses. In apartment developments, multi-family dwelling developments and office centers, all of which contain not less than two hundred (ZOO) units or combination of units, the following commercial accessory uses are permitted by Special Exception: Eating facilities Del icatessens Pharmacies Newsstand, stationery or book store Gift Shop Automatic laundry or dry cleaning shop, or pick-up
XIV-50 7. Barber or beauty shops 8. Convenience food store B. Area and Bulk Requlations. Such uses shall not have exterior signs, advertising or show windows, shall not include the outside storage of materials, equipment or merchandise, and the total area devoted to such commercial use shall not exceed four (4) percent of the total gross floor area of the development.
SECTION 14.37 - RESIDENTIAL CONVERSIONS A. Permitted Uses. Conversion of an existing residential structure to provide one or more additional dwelling units. B. Area and Bulk Requlations. All area and bulk regulations of the prevailing zoning district shall apply with the following exceptions: 1. The lot on which such structure is located shall contain at least 60% of the required minimum lot area for each dwelling unit so created. C. Parkinq Reauirements. One and one-ha1 f off-street parking spaces shall be provided on said lot for each dwelling unit. D. Sumlemental Requlations 1. Such structure shall have contained, on the effective date of This Ordinance, 1,000 square feet of livable floor area for the first dwelling unit plus 600 square feet of livable floor area for each additional dwell ing unit created. 2. Each apartment unit shall be provided with complete kitchen facilities, flush toilet and bathing facilities within the unit. 3. There shal'l be no evidence of change in the building except as requi red by bui 1 di ng and/or housing codes. 4. Fire escapes where required shall be located at the rear or an interior side of the building.
XIV-51
\ SECTION 14.38 - MULTIPLE DWELLINGS A. Permitted Uses 1. Apartment Dwell i ngs 2. Row or Attached Dwell ings 3. Townhouse Dwell i ngs 6. Area and Bulk Reaulations 1. The minimum lot area shall be one acre. A minimum area per dwelling unit shall be provided as follows: Efficiency Units 2,000 sq. ft. One Bedroom Units 3,000 sq. ft. Two Bedroom Units 4,000 sq. ft. ! Three or more Bedroom Units 5,000 sq. ft. 2. The minimum lot width for apartment structures shall be 150 feet. The minimum lot width for row or attached and townhouse dwellings shall be 20 feet except that end units shall have a lot width of 35 feet. 3. The minimum yard requirements shall be as follows: Front One Side Total Side Rear Apartment Dwelling 40 . 25 50 35 Row or Attached & Townhouse Dwellings End Units 25 35 35 Other Units 25 35
5. The maximum lot coverage permitted shall be 25 percent. 6. The maximum building height shall be 3 stories, but shall not exceed 35 feet.
XIV-52 C. Parkincr Requirements 1. Efficiency Units 1.50 spaces per unit 2. One Bedroom Units 1.75 spaces per unit 3. Two Bedroom Units 2.00 spaces per unit 4. Three or more Bedroom Units 2.50 spaces per unit D. SuDDlemental Requlations 1. Centralized water and centralized sewer service shall be provided . 2. The maximum number of dwelling units per row or attached and townhouse buildings shall be six. 3. No building shall exceed 140 feet in length. 4. The minimum distance between principal buildings shall be equal to 2 times the height of the highest building and between a principal and an accessory building shall be at least 20 feet. 5. Any inner court shall have a minimum dimension of 60 feet, any outer court shall have a minimum of 20 feet and its.depth shall not exceed its width. 6. There shall be provided on the same lot suitably equipped and landscaped play spaces and usable open space subject to Zoning Hearing Board approval and in accordance with the following schedule: Play Space Open Space ~SQ.Ft.) JSa. Ft.) Efficiency Unit 75 360 One Bedroom Unit 100 785 Two Bedroom Unit 125 89 5 Three or more Bedroom Unit 175 1,125
XIV-53 SECTION l4.39 - AUCTION HOUSE FOR HOUSEHOLD AND OTHER GOODS. The Zoning Hearing Board may approve Auction Houses for Household and Other Goods in the A-C and R-A Districts according to the procedures and requirements speci f i ed bel ow. A. An Auction House for Household and Other Goods shall be permitted as an accessory use to the principal use of the lot. B. Area and Bulk Requlations. All area and bulk regulations of the c; prevailing zoning district shall apply with the following exceptions: 1. The minimum lot area (principal and accessory uses) shall be 5 acres. 2. The building set-back shall be at least 50 feet from any lot 'or street line. 3. The maximum lot coverage (principal and accessory buildings) shall be 20 percent. 4. The maximum building height for new structures shall be one (1) story. C. Parkinq Reauirements 1. One (1) parking space per 100 sq. ft. of gross floor area shall be required. 2. One (1) off-street loading berth shall be required. D. Sum1 emental Requl at i ons 1. No parking area shall be located within the required front, side or rear yards. 2. The auction house site shall be easily accessible from an improved street or highway with safe ingress and egress for both vehicular and pedestrian traffic. 3. The use of outdoor public address systems for any purpose shall be approved by the Board of Supervisors. 4. Exterior lighting, other than that essential for the safety and convenience of the users of the premises shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots. . 5. A sign identifying the auction house use shall be permitted in accordance with provisions for a customary home occupation (Section 14.16).
XIV-54 6. Temporary signs advertising a particular sale event shall be permitted in accordance with the provisions of Section 14.16. Such temporary sign shall be erected not more than 15 days prior to, and removed not more than one (1) day after the scheduled sal e event. 7. Auctions shall not be held more frequently than once in a 7-day period without a waiver by the Zoning Hearing Board to increase the frequency. 8. Except as provided above, all other pertinent provisions of Article XIV, Supplementary Regulations, shall apply.
SECTION 14.40 - FARM EQUIPMENT OR LAWN AND GARDEN SALES AND SERVICE. A. Farm equipment or lawn and garden sales and service shall be permitted as an accessory use to the principal agricultural use of the lot. B. Permitted Uses 1. Distribution, sales and/or servicing of equipment and machinery commonly used for agri cul tural purposes. 2. Distribution, sales and/or servicing of lawn and garden equipment and supplies. C. Area and Bulk Requlations. All area and bulk requirements of the A-C Agricultural -Conservation Di strict shall apply with the following exceptions: 1. The minimum lot area (principal and accessory uses) shall be 5 acres. 2. The building set-back shall be at least 50 feet from any lot or street line. 3. No accessory building utilized in connection with the farm equipment or lawn and garden sales and service may be located in any required side or rear yard. 4. No accessory building shall project nearer to the street on which the principal building fronts than such principal bui 1 di ng . D. Parkinq Reauirements 1. One (1) parking space per non-resident employee plus three (3) spaces for customer parking.
XIV-55 2. One (1) off-street loading berth shall be required. 3. No parking area shall be located within the required front, side or rear yards. E. Sumlemental Requlations The sales and service business shall be easily accessible from an improved street or highway with safe ingress and egress for c vehicul ar traffic. Exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited. All exterior lighting shall be shielded from the view of all surrounding streets and lots. One (1) premise sign identifying the sales and service business use shall be permitted provided that such sign shall not exceed twelve square feet (12 sq. ft.) in area. No outdoor displays of goods for sale or rental shall be located in required front or side yards. Except as provided above, all other pertinent provisions of Article XIV, Supplementary Regulations, shall apply.
SECTION 14.41 - COMMERCIAL KENNELS A. Kennels shall be permitted by Special Exception in indicated zoning districts, subject to the following: 1. The minimum lot size shall be five (5) acres. 2. Adequate parki'ng shall be required. 3. One sign shall be permitted which shall not be greater than two (2) square feet in area and located a minimum of twenty (20) feet from the street right-of-way line. 4. All areas used for exercise shall be securely fenced. 5. All animals shall be kept within a completely enclosed building which shall be a minimum of one hundred (100) feet from any property 1 i ne. 6. Animals shall be permitted to exercise daily between the hours of 8 A.M. and 8 P.M. (prevailing time). All outdoor exercise areas shall be located at least two hundred (200) feet from any property line. L
XIV-56 SECTION 14.42 - BED AND BREAKFAST INNS. The Zoni g Hearing Board may approve Bed and Breakfast Inns in existing structures in the A-C, R-A and R-S Districts according to the procedures and requirements specified bel ow: A. The structure shall be of local, state, or Federal historic significance. It is the applicant’s responsibility to show proof of historic significance. B. The structure shall contain a minimum of 2,000 square feet of gross fl oor area. C. All Bed and Breakfast units shall be contained within the principal structure. D. There shall be no more than one Bed and Breakfast unit per 700 square feet of gross floor area in the principal structure. E. All area and bulk regulations of the prevailing zoning district for single family dwellings shall apply. F. In addition to the two (2) spaces required for the principal dwelling, there shall be one off-street parking space per Bed and Breakfast unit. G. Dining and other facilities shall not be open to the public but shall be exclusively for the residents and registered Bed and Breakfast guests. H. Signs shall conform to the standards for home occupations in residential districts (Section 14.16).
SECTION 14.43 - SECTION RESERVED
SECTION 14.44 - COMMERCIAL RIDING STABLES A. Commercial riding stables shall be permitted in the A-C District by Special Exception, subject to the following: 1. Adequate off-street parking shall be provided. 2. One sign shall be permitted which shall not be greater than two (2) square feet in area and located a minimum of twenty (20) feet from the street right-of-way line. 3. All areas used for exercise and pasturing shall be securely fenced.
XIV-57 4. All animals except while exercising or pasturing shall be kept within a completely enclosed building erected or maintained for that purpose which shall be a minimum of two hundred (200) feet from any property line. 5. The accumulation and storage of manure or other odor producing substances shall not be permitted. 4 SECTION 14.45 - WIND ENERGY CONVERSION SYSTEMS. The Zoning Hearing Board may approve Wind Energy Conversion Systems in the A-C, R-A, and L- I, Districts according to the procedures and requirements specified bel ow: A. One windmill or windwheel shall be permitted per property. B. The structure supporting the wind rotor unit, including any required supporting cables, etc., shall not be connected to any occupied structure and shall be located a minimum distance of the wind rotor unit tower height, plus ten (10) feet, from any occupied dwelling. C. The maximum height of the wind rotor and tower shall be determined as follows: Minimum Distance From Maximum All ProDertv Lines Tower Heiqht 75 ft. - 85 ft. 35 ft. 86 ft. - 95 ft. 40 ft. 96 ft. - 100 ft. 45 ft. More than 100 ft. 50 ft. to 75 ft. The tower height may be increased from 50 ft. up to a maximum of 75 feet, with the allowance of each one foot of setback from 101 ft. D. All mechanical equipment and buildings associated with the operation shall be enclosed with a six (6) foot fence. The tower shall also be enclosed with a six (6) foot fence, unless the base of the tower is not climbable for a distance of twelve (12) feet. E. When a building is required for storage cells or related mechanical equipment, the building may not exceed 150 square feet in area nor 8 feet in height, and must be located at least 75 feet from any property line. F. All electric and other utility wires associated with the Wind Energy Conversion System shall be buried underground. G. The applicant shall demonstrate that any noise emanating from the wind energy conversion system shall not exceed sixty (60) decibels measured at the nearest property line.
XIV-58 H. If the wind energy conversion unit is abandoned from use, the tower and related structures shall be dismantled and removed from the property'within ninety (90) days. I. The energy generated from the wind energy conversion system shall be used on the property on which it is located and shall not be operated as a commerci a1 enterpri se. 3 SECTION 14.46 - AUTOMOTIVE SERVICES. A. Permitted Uses I 3 1. Service stations
d 2. Repair garages 3. Automotive supply shops B. Suwlemental Requlations 1. The minimum lot size for such service stations shall be one (1) acre, and the minimum street frontage shall be 150 feet. 2. Entrance and exit driveways shall have an unrestricted width of not less than 12 feet nor more than 30 feet, shall be located not nearer than 30 feet from any property line and shall be so laid out as to avoid the necessity of any ve'hicle leaving the property to back out across any street right-of-way or portion thereof. .I 3. Vehicle lifts or pits, dismantled and disabled automobiles and all parts or supplies shall be located within completely encl osed bui 1 di ngs . 4. All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in completely enclosed building. This requirement shall nut be construed to mean that the doors to any repair shop must be kept closed at all times. 5. The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 50 feet from any property line other than the street line. 6. No gasoline pumps shall be located nearer than 25 feet to any street line.
XIV-59 7. No building permit for a motor vehicle service station shall be issued within a distance of 300 feet of any school, church, hospital or place of public assembly designed for the simul- taneous use and occupancy by more than 100 persons: the said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the District where either premises are located.
SECTION 14.47 - HOTELS, MOTELS AND TOURIST HOMES A. A site to be used for a hotel or motel establishment shall include an office and lobby and may include such accessory uses as: restaurants, coffee shops, cafeteria-dining halls providing food and drink; amusement and recreation facilities such as a swimming pool, children’s playground, tennis or other game sports; and game or recreation rooms.
B. The minimum lot area shall be one (1) acre; the minimum lot width shall be 150 feet; 2,000 square feet of lot area is required for each guest room or one (1) second story guest room for every 1,750 square feet of first story guest rooms. C. All principal and accessory buildings and structures shall cover a total of not more than 35% of the site. A restaurant, coffee shop, cafeteria or dining hall shall not cover more than 10% of the site. D. The maximum length of any building shall not exceed 150 feet. The total interior floor area of each guest room, inclusive of bathroom and closet space, shall not be less than 250 square feet. E. Distance between buildings shall not be less than 25 feet except that this distance may be reduced to 15 feet where no driveway pas,ses between bui 1 dings. F. Points of vehicular ingress and egress shall be limited to a total of two (2) on any street. Off-street parking shall be provided as follows: at least one automobile parking space, car port or garage shall be provided on the site for each guest room, and shall be located within 150 feet of the guest room which it serves; for restaurants, coffee shops or cafeterias, at least one (1) automobile parking space shall be provided for every 100 square feet of floor area devoted to patron use, and one additional space shall be provided for each employee. All buildings and off-street parking areas shall be at least 50 feet from all lot and street lines, and parking areas serving a restaurant, cafeteria or coffee shop or dining hall shall be at least 30 feet from all guest rooms. G. Before the issuance of any building permit, a detailed Land Development Plan for the proposed development of a site for a hotel, motel and tourist home and accessory facilities shall be submitted to and approved by the Township, as provided in the Middlesex
XIV-60 Township Subdivision and Land Development Ordinance. The Land Development Plan, at a minimum, shall identify the location and size , of existing trees, all other landscaping proposed, the architectural . style, general design, colors and materials to be used on exterior surfaces and detailed plans for any signs as well as any other information, elevations or perspectives which will enable the Commission to recognize the impact of the proposed development on the area involved and to determine conformity with the purpose of This Ordinance.
SECTION 14.48 - DAY CARE CENTERS. The Zoning Hearing Board may' approve Day Care Centers in the V-C and C-H Districts according to the procedures and requirements specified below: A. Day Care Centers providing care for more than three (3) children not related to the caregiver must secure a license from the Commonwealth of Pennsylvania, Department of Public Welfare. Evidence of such state licensing must be provided prior to the issuance of a use and occupancy permit by the Zoning Officer. B. The Day Care facility shall have at least 65 square feet of outdoor play area for each child. This play area must be located in the rear yard and be sufficiently screened and sound-insulated so as to protect the neighborhood from excessive noise and other disturbances. C. A Day Care Center shall not be located within 1,000 feet of any other Day Care Center. This measurement shall be taken from property line to property line.
SECTION 14.49 - BUSINESS CONVERSIONS. The Zoning Hearing Board may approve Business Conversions in the V-C and C-H Districts according to the procedures and requirements specified below: A. Permitted Uses. Conversion of an existing residential structure to a non-residential use. The conversion can be a total conversion from residential use or a conversions of a portion of the premises, with the retention of one or more dwelling units. (As in the case of a first-floor retail or office use with apartment(s) on the second and higher floors. B. Area and Bulk Requlations. All area and bulk regulations of the prevailing zoning district shall apply. C. Parkinq Requirements. Off-street parking spaces shall be provided on said lot for each distinct use located on it, in accordance with Section 14.10.
XIV-61 D. SupDlemental Requlations 1. If apartment units are proposed, each unit shall be provided with complete kitchen facilities, flush toilet and bathing facilities within the unit. 2. Fire escapes where required shall be located at the rear or an interior side of the building.
SECTION 14.50 - ADULT BOOK STORES AND ADULT THEATRES. The Zoning Hearing Board may approve Adult Book Stores and Adult Theatres in the IG District according to the procedures and requirements specified below: A. Purpose. The purpose of this Section is to provide for the establishment of adult bookstores within the Township at such places, and in such manner, as is appropriate and reasonable; and to establish reasonable regulations which take into consideration the potential for adverse impact from such businesses upon adjoining property owners, occupants and uses. B. Interpretation and ADDlication. This Section shall be interpreted and applied in a manner consistent with the Constitution and shall not be applied to unduly restrict or infringe upon rights guaranteed thereby. C. Severability. The provisions of this Section shall be severable and in the event any one thereof shall be determined to be invalid or unenforceable such determination shall not operate to repeal or invalidate the remaining provisions. D. As used in this Ordinance, the following terms, word and phrases shall have the meanings ascribed to them by this Section: 1. Adult Book Store: An establishment open to the general public in which twenty (20%) percent or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises, pictures, photographs, drawings, prints, images, sculpture, still film, motion picture film, video tape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers for sale of sexual devices. 2. Adult Theatre: A building or a room within a building open to the general pub1 ic, used for presenting 1 ive entertainment, motion picture film, video tape or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
XIV-62 3. Sexual Conduct: Ultimate sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus, analingus or physical contact with a person’s nude or partially denuded genitals, pubic area, perineum, anal region, or, if such person be female, a breast. 4. Sexual Device: Any artificial human penis, vagina or anus, or other device primarily designed, promoted, or marketed to physically stimulate or manipulate the human genitals, pubic area, perineum or anal area, including dildoes, penisators, vibrators, vibrillators, penis rings and erection enlargement or pro1 ongi ng creams, jell ies or other such chemical s or preparations. . Sexually ExDlicit Nudity: The sexually oriented and explicit showing, by any means, including but not limited to, close-up views, poses or depictions in such position or manner which present or expose such areas to the following: postpubertal, full or partially developed human female breast with less than a fully opaque covering of any portion thereof below the top of the areola or nipple; the depiction of covered human male genitals in a discernible turgid state; or lewd exhibition of the human genitals, pubic area, perineum, buttocks or anal region, with less than a fully opaque covering. E. The use and occupancy of any land, building or structure as an adult book store or an adult theatre shall be subject to the following: 1. An adult book store or an adult theatre shall be permitted only in a (I-G) Industrial - General District. 2. An adult book store or an adult theatre shall not be permitted to be located within five hundred (500) feet of any of the fol 1 owing : (a) Any building or other structure used for residential purposes. (b) The geographical boundary line of the (I-G) Industrial - General District. (c) The geographical boundary line of the Township. 3. An adult book store or an adult theatre shall not be permitted to be located within one thousand (1,000) feet of any of the following :
(a) Any other adult book store or adult theatre.
XIV-63 (b) Any public or private school, public park or playground, or any church or other house of worship. \ 4. No materials, merchandise, or film offered for sale, rent, lease, loan or for view ripon the premises shall be exhibited or displayed outside of a building or structure. 5. Any building or structure used and occupied as an adult book store or adult theatre shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, live entertainment or film shall be visible from outside of the building or structure.
SECT ION 14.51 - GROUP HOMES. The Zoning Hearing Board may approve Group Homes according to the procedures and requirements specified below: A. The use and occupancy of any land, building or structure as a group home shall be subject to the following: (1) Any group home shall have a minimum of 350 square feet of habitable floor area provided for each occupant. (2) A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be provided in individual rooms or su'ites. This provision is not intended to require any kitchen and dining facilities if the affiliated institution provides them el swhere. (3) All group homes shall be connected to public water and public san i t ary sewage f ac i 1 i t i e s . (4) All group homes shall comply with the Federal Life Safety Code, the rules and regulations of the Pennsylvania Department of Labor and Industry, and all other applicable building, safety, and fire codes of the Federal, state or local government. (5) Group homes shall be registered and licensed by either the Federal Government or the Commonwealth of Pennsylvania and shall be in compliance with all applicable rules and regulations of the 1 icensing body. (6) A group home shall not be located within 2,000 feet of any other group home. (7) Off-street parking shall be provided for all group homes based upon one (1) parking space per occupant, including resident staff. 'A
XIV-64 ARTICLE XV NON-CONFORMING USES, NON-COMPLYING BUILDINGS AND NON-CONFORMING LOTS
SECTION 15.01 - NON-CONFORMING USES A. A non-conforming use is any use, whether of a building or lot or both, existing on the effective date of This Ordinance which does not conform to the use regulations of the District in which it is 1 ocated. B. The following provisions shall apply to all buildings and uses existing on the effective date of This Ordinance which do not conform to the requirements set forth in This Ordinance and to all buildings and uses that become non-conforming by reason of any subsequent amendment to This Ordinance. C. Any non-conforming use of buildings or open land, except those specified in Section 10.6 below, may be continued indefinitely, provided that any such use: 1. Shall not be ~enlarged, altered, extended, reconstructed, restored, or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of This Ordinance, without a Special Exception from the Zoning Hearing Board. a. Any modification shall take place only on the lot or con- tiguous lots held in the same ownership as that existing at the time the uses became non-conforming. b. Any modification shall conform with the area, building height, parking, sign and other requirements of the dis- trict in which said modification is located.
C. The proposed alteration shall not exceed 25 percent of the gross floor area occupied by the nonconforming use at the time of the enactment of this Ordinance. d. The proposed alteration will not cause an increased detrimental effect on the surrounding neighborhood. 2. Shall not be moved to another location where such use would be non-conformi ng . 3. Shall not be changed to another non-conforming use without approval by the Zoning Hearing Board and then only to a use which, in the opinion of the Zoning Hearing Board is of the same or of a more restricted nature.
xv-1 4. Shall not be re-established if such use has been abandoned for any reason. Nonconforming uses or structures which have been discontinued or vacated for one year shall be considered abandoned. Vacation of land or structures or the nonoperative status of the use normally carried on shall be evidence of discontinuance. No abandoned use or structure may be re- established, repaired, or reoccupied. The Board of Supervisors may require the removal of any abandoned nonconforming use or structure upon proper notice to the owner of the property on i which an abandoned nonconforming use or structure exists. If the owner has not completely removed the abandoned use or structure within a reasonable amount of time, not to exceed nine (9) months, the Board of Supervisors shall have the authority to itself cause the removal to be accomplished, the costs of such removal to be paid by the property owner. 5. Shall not be restored for other than a conforming use after damage from any cause, unless the non-conforming use is reinstated within one year of such damage; if the restoration of such building is not completed within the said one year period, the non-conforming use of such building shall not be deemed to have been discontinued, unless such non-conforming use is carried on without interruption in the undamaged portion of such building. A non-conforming use or structure may be replaced, repaired, or rebuilt if it is damaged or destroyed by any means, including floods, to the extent of less than fifty percent of its fair market value at the time of its damage or destruction. In such a case, however, the non-conformity of the new use or structure -with respect to requirements as expressed in provisions of This Ordinance shall not exceed that of the original use or structure which was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this Section. A non-conforming use or structure which has been damaged or destroyed by any means, including floods, to the extent of fifty percent or more of its fair market value at the time of its damage or destruction may not be replaced, restored, repaired, reconstructed, improved, or rebuilt in any way other than in complete conformity and full compliance with all provisions of This Ordinance, and all other ordinances of Middlesex Township. The Zoning Hearing Board may waive, as a special exception, the requirements of this paragraph where it is shown that such requirements could not be met on land owned by the appellant or where such requirements would impose undue hardship to the appellant in the efficient operation of the premises. In such a case, the Zoning Hearing Board shall be authorized to grant only the minimum relief necessary, and the least modification possible of the provisions of this Section, while respecting and maintaining the purposes and intents of This Ordinance.
xv-2 The Zoning Officer shall have the initial responsibility of determining the percent o damage or destruction and the fair market value of the damaged or destroyed use or structure at the time of its damage or destruction, and may call on any experts or authorities he may deem necessary to assist him in arriving at a fair and impartial determination. Appeals of the decision of the Zoning Officer may be made to the Zoning Hearing Board. 6. Notwithstanding any of the above regulations, nothing in this Article shall be deemed .to prevent normal maintenance and repair or any use of building, or the carrying out upon the issuance of a building permit of major structural alterations or demo1 itions necessary in the interest of pub1 ic safety.
SECTION 15.02 - CONSTRUCTION APPROVED PRIOR TO ORDINANCE. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has heretofore been issued and the construction of which shall have been diligently prosecuted within three (3) months of the date of issue of said permit and ground story framework of which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit and which entire building shall be completed according to such plans as filed within one (1) year from the date of this Ordinance.
SECTION 15.03 - REGISTRATION OF NON-CONFORMING USES. All lawful uses existing at the effective date of This Ordinance which do not conform to the requirements set forth in This Ordinance or any amendments thereto, shall be identified and recorded by the Township Zoning Officer within 90 days of the effective date of This Ordinance, or pertinent amendments thereto.
SECTION 15.04 - NON-COMPLYING BUILDINGS. A. A non-complying building is any building which does contain a use permitted in the District in which it is located, but does not conform to the District regulations for: lot area, width or depth; front, side or rear yards; maximum height; lot coverage; or minimum livable floor area per dwelling uni’t. B. Nothing in this Article shall be deemed to prevent normal maintenance and repair, structural alteration in, moving, reconstruction, or enlargement of a non-complying building provided that such action does not increase the degree of or create any new non-conformity with regards to the regulations pertaining to such bui 1 dings.
xv-3 C. If any non-conforming building shall be destroyed by reason of windstorm, fire, explosion or other Act of God or the public enemy to an extent of more than 75 percent of the building, then such destruction shall be deemed complete destruction and the structure may not be rebuilt, restored or repaired except in conformity with the regulations of this Ordinance. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Inspec tor.
SECTION 15.05 - NON-CONFORMING LOTS OF RECORD A. In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record as of the effective date of This Ordinance irrespective of its area or width or depth, provided that the necessary approvals have been obtained for water supply, sewage disposal and driveway connection to a public road. When the lot does not meet the minimum lot area, depth or width for the district in which it is located, the following modifications may be applied: 1. The sum of the side yard widths of any such lot or plot need not exceed thirty percent of the width of the lot, but in no case shall any one side yard be less than ten percent of the width of the lot. 2. The depth of the rear yard of any such lot need not exceed twenty percent of the depth of the lot, but in no case shall it be less than ten feet.
SECTION 15.06 - SPECIAL REQUIREMENTS IN FLOODPLAIN CONSERVATION DISTRICTS. All existing uses or structures which are deemed to be non- conforming under the provisions of This Ordinance and which are located in the (FP) Floodplain Conservation District shall in addition to the provisions herein, also comply with the requirements of Section 13.06 of . This Ordinance. A. A non-conforming use or structure may not be expanded or modified in any manner which would increase or aggravate flooding or flood hazards. Nothing shall be done which would otherwise violate any of the provisions of This Ordinance. No non-conforming use or structure shall be expanded, enlarged, or altered in any way which increases its non-conformity with respect to height, area, yard, and other requirements established in other Sections of This Ordinance, nor in any way which causes it to occupy more space within the (FP) Floodplain Conservation District than was occupied by it on the effective date of This Ordinance. B. Structures and buildings existing in any identified floodplain area prior the effective date of This Ordinance which are not in compliance with the provisions of This Ordinance, may continue to remain subject to the following:
xv-4 3
1. Existing structures and buildings located in the floodway shall 3 not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements. 2. Any modifications, a1 teration, reconstruction or improvement of any kind to such existing structure or building, to an extent or amount of fifty percent (50%) or more of its market value, shall be undertaken only in full compliance with the provisions of This Ordinance. C. SDecial Reauirements for Mobile Homes in Floodplain Areas 1. All mobilehomes, existing at the effective date of This Ordinance, and any additions thereto, shall be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards Institute as specified in the Standard for the Installation of Mobile Homes Including Mobile Home Park Requirements (NFPA No. 501A-1974) (ANSI A119.3-1975), as amended, for Mobile Homes in Hurricane Zones or other Appropriate Standards such as the following: Over-the-top ties shall be provided at each of the four (4) corners of the mobilehome, with two (2) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in length. Frame ties shall be provided at each corner of the mobilehome, with five (5) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and four (4) additional ties per side for units less than fifty (50) feet in length. All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds. 2. Replacement of or additions to existing mobilehomes will be permitted provided the mobilehome and any addition shall be placed on a permanent foundation and elevated in accordance with the following requirements: (a) The stands or lots shall be elevated on compacted fill, or on pilings so that the lowest floor of the mobilehome will be at or above Regulatory Flood Elevation. (b) Adequate surface drainage is provided. (c) Adequate access for a hauler is provided.
xv-5 (d) Where pilings are used for elevations, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than ten (10) feet apart; reinforcement shall be provided for pilings that will extend for six (6) feet or more above the-ground level. 3. No mobilehome park shall be expanded into an identified floodplain area except that recreation areas may be added within the "general floodplain" area. However, no buildings or ii structures shall be added to such areas. 4. An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the Board of Supervisors for mobilehome parks and mobilehome subdivisions where appropriate. 5. Any mobilehome located in a "floodway" area which is damaged by flood or other cause may not be replaced in any "floodway" area.
L XV-6 ARTICLE XVII ADM IN I STRAT ION AND ENFORCEMENT
SECTION 17.01 - APPOINTMENT OF ZONING OFFICER. For the administration of this Ordinance, a Zoning Officer, who shall not hold any elective office in the Township, shall be appointed by the Board of Supervisors. The Zoning Officer shall meet qualifications established by the Board of supervisors and shall be able to demonstrate to the satisfaction of the Board of Supervisors a working knowledge of municipal zoning. The Zoning Officer shall administer This Ordinance 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 Ordinance and other applicable Township codes and ordinances. The Zoning Officer shall issue all permits required by This Ordinance. The Zoning Officer may be authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment by the Towns h i p .
SECTION 17.02 - POWERS AND DUTIES OF ZONING OFFICER. A. It shall be the duty of the Zoning Officer to enforce the provisions of This Ordinance and all rules, conditions and requirements adopted or specified pursuant thereto. B. The Zoning Officer or his duly authorized assistant(s), shall have the right to enter any building or enter upon any land at any reasonable hour as necessary in the execution of their duties, provided that: 1. The Zoning Officer shall notify the owner and tenant before conducting any inspection. 2. The Zoning Officer or his duly authorized assistant(s) shall display identification signed by the Board of Supervisors upon commencing an inspection. 3. Inspections shall be commenced in the presence of the owner or his representative or tenant. C. The Zoning Officer shall maintain files, open to the public, of all applications for certificates of occupancy and building permits along with plans submitted therewith as well as final certificates and permits.
XVII-1 D. The Zoning Officer shall also maintain records, open to the public, of every complaint of a violation of the provisions of This Ordinance as well as action taken as a result of such complaints. E. The Zoning Officer shall submit monthly to the Board of Supervisors for insertion in the Supervisors’ minutes, a written report summarizing for the month all building permits and certificates of occupancy issued by him as well as complaints of violations and action taken as a result of such complaints. F. The Zoning Officer shall identify and register all nonconforming uses and nonconforming structures and shall maintain up-to-date records of changes in use and other nonconformities.
SECTION 17.03 - ZONING PERMITS. A. All uses, activities and development occurring within any floodplain conservation district shall occur only with a zoning permit duly issued upon application to the Zoning Officer. No building or structure in any other zoning district shall be erected, installed, reconstructed or restored, renovated or structurally a1 tered without a zoning permit duly issued upon application to the Township. However, no such zoning permit shall be required for building renovation valued at less than 6500. No zoning permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of This Ordinance. Any zoning permit issued
I in violation of the provisions of This Ordinance shall be null and void and of no effect, without the necessity for any proceedings or revocations of nullification thereof; and any work undertaken or use established pursuant to any such permit shall be unlawful. B. Every application for a zoning permit shall contain the following information and be accompanied by the required fee: 1. The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot in which it is situated if an existing building; 2. The block and lot numbers as they appear on the latest real estate tax assessment records. 3. The exact size and locations on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot; 4. The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot. 5. The existing and intended use of all buildings, existing or proposed, the use of land,.and the number of dwelling units the building is designed to accommodate; and
XVII-2 6. Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this Ordinance. 7. Name and address of the applicant. a. Name and address of the owner, if other than the applicant, of the land on which the proposed construction is to occur. 9. Name and address of the general contractor and, if known, the names and addresses of a1 1 subcontractors. 10. Listing of other permits required including their identification numbers. 11. Brief description of proposed work and estimated cost. C. No zoning permit shall be issued for the construction or alteration of any building upon a lot without access to a public street or highway. ' D. No zoning permit shall be issued for any building where the Land Development Plan of such building is subject to approval by the Board of Supervisors, except in conformity with the plans approved by said Supervisors. E. No zoning permit shall be issued for a building to be used for any use by .Special Exception in any District where such use is allowed only by approval of the Zoning Hearing Board unless and until such approval has been duly granted by the Zoning Hearing Board. F. The zoni ng permi t appl i cat i on and a1 1 support i ng document at i on shall be made in duplicate. On the issuance of a zoning permit, the Zoning Officer shall return one copy of all filed documents to the appl i cant. G. The Zoning Officer shall, within ten days after the filing of a complete and properly prepared application, either issue or deny a zoning permit. If a zoning permit is denied, the Zoning Officer shall state in writing to the applicant the reasons for such denial. H. Every zoning permit shall expire if the work authorized has not commenced within 3 months after the date of issuance, or has not been completed within 18 months from such date for construction costing less than $1,000,000 and has not been completed within 36 months from such date for construction costing in excess of $1,000,000. If no zoning amendments or other codes or regulations affecting subject property have been enacted in the interim, the Zoning Officer may authorize in writing the extension of either above periods of an additional six (6) months, following which no further work is to be undertaken without a new zoning permit.
XVII-3 1. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers, or foundation, erection of temporary forms, the installation of piling under proposed subsurface footings, or the installation of sewer, gas and water pipes, or electrical or other service lines from the street. I. As soon as the foundation of a building or of any addition to any existing buildings is completed, and before first story framing or wall construction is begun, there shall be filed with the Township an accurate survey signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. J. Prior to the issuance of any zoning permit the Zoning Officer shall review the application for permit to determine if all other necessary governmental permits such as those required by Commonwealth and Federal laws have been obtained, including those required by Act 537, the Pennsylvania Sewage Facilities Act, the Dam Safety and Encroachment Act, the U.S. Clean Water Act, Section 404, 33, U.S.C. 1334, and the Pennsylvania Clean Streams Act. No permit shall be issued until this determination has been made. No construction shall commence until evidence of approved Pennsylvania -. Department of Transportation and/or Township driveway permits (if required) has been provided to the Zoning Officer. - K. No encroachment, alteration, or improvements of any kind shall be made to any watercourse, including such watercourses as may be located outside the mapped floodplain areas, until all adjacent municipalities which may be affected by such action have been notified by the Township, and until all required permits or approvals have been first obtained from the Department of Environmental Resources, Bureau of Dams and Waterway Management. 1. In addition, the Federal Insurance Administrator and Pennsylvania Department of Community Affairs, Bureau of Community Planning, shall be notified by the Township prior to any alteration or relocation of any watercourse.
. L. During the construction period and upon completion of the work, the Zoning Officer shall inspect the premises to determine that the work is progressing in compliance with the information provided on the
permit application and with all Township laws and ordinances. c 1. In the event that the Zoning Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation -by any applicant, the Zoning Officer shall revoke the zoning permit and report such fact to the Board of Supervisors for whatever action it considers necessary. 2. A record of all such inspections and violations of This Ordinance shall be maintained by the Zoning Officer.
XVII-4 H. Applications for zoning permits and special exceptions for any construction or development proposed to be located within, or partially within, any identified floodplain area shall provide, in addition to the information required by Section 17.03 B. of This Ordinance, the following plans and information: 1. A site plan of the lot or parcel, drawn at one (1) inch equal to one hundred (100) feet. Such plan shall show the following: North arrow, written and graphic, scale, and a date. A location map showing the vicinity in which the proposed activity or development is to be located within the . Townsh i p . Topography based upon the National Geodetic Vertical Datum showing existing and proposed contours at intervals of two (2) feet. All property and lot lines including dimensions, and the size of the site expressed in square feet. The location of all existing streets, drives, and other accessways with information concerning widths, pavement types, construction, and elevations. The location of any existing bodies of water or. watercourses, buildings, structures and other public or private facilities, and any other natural or manmade features affecting, or affected by, the proposed activity or development . The location of the identified floodplain area boundary line, floodway line information and spot elevations concerning the one hundred (100) year flood elevations, and information concerning the flow of water including direction and velocities. A general plan of the entire site accurately showing the location of all proposed buildings, structures, and any other improvements, including the location of any existing or proposed subdivision and land development in order to assure that:
(1) all such proposals are consistent with the need I to minimize flood damage; (2) all utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and
XVII-5 (3) adequate drainage is provided so as to reduce exposure to flood hazards. 2. Detailed architectural and engineering drawings drawn at a suitable scale. Such drawings shall show the following: (a) Building size, floor plans, sections and exterior building el evat ions . 'c: (b) The proposed finished floor elevations of any proposed building based upon National Geodetic Vertical Datum, related flood depths, pressures, and velocities. (c) Complete information concerning the impact and uplift forces and other factors associated with a one hundred (100) year flood. (d) Details of proposed flood-proofing measures. (e) Cross-sections for all proposed streets, drives, and other accessways and parking areas showing all rights-of-way and pavement widths. (f) Profiles for all proposed streets, drives, and vehicular accessways i ncl uding exi sting and paved grades. (9) Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems and any other utilities and facilities. (h) Soil types. 3. The following data and information shall also be provided: (a) Document, certified by a registered professional engineer, architect,or landscape architect which states that the proposed construction has been adequately designed to withstand the one hundred (100) year flood elevations, pressures, velocities, impact and up1 i ft forces and other hydrostatic, hydrodynamic and buoyancy factors associated with the one hundred (100) year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development. (b) The appropriate component of the Department of Environmental Resources' "Planning Module for Land Devel opment" .
XVI 1-6 (c) Where excavation, grading or fill is proposed, a plan meeting the requirements of the Department of Environmental Resources and the Middlesex Township Subdivision and Land Development Ordinance, to implement and maintain erosion and sedimentation control. N. A copy of all applications and plans for any proposed construction or development in any identified floodplain area to be considered for approval shall be submitted by the Zoning Officer to the Cumberland. County Conservation District, the Middlesex Township Planning Commission and the Township's engineering and planning consultants for review and comment prior to the issuance of a building permit. Recommendations resulting from such reviews shall be considered by the Zoning Officer for possible incorporation into the proposed plan.
SECTION 17.04 - CERTIFICATE OF OCCUPANCY. A. It shall be unlawful for any person to occupy or use a building erected, installed, reconstructed, restored, structurally a1 tered, moved, or any change in use of existing building until a Certificate of Occupancy shall have been applied for and issued by the Zoning Officer. Certificates of Occupancy shall be required only for buildings or structures proposed for human use or habitation. B. No Certificate of Occupancy shall be issued for any use of a building or of land requiring approval by the Zoning Hearing Board or for any land or use requiring Land Development Plan approval by the Supervisors unless and until such special exception or Land Development P1 an approval has been duly granted. Every certi f i cate of occupancy for which use by Special Exception or Land Development Plan approval has been granted or in connection with which a variance has been granted by the Zoning Hearing Board shall contain a detailed statement of any condition to which the same is subject. C. On a form furnished by the Township, application for a certificate of occupancy for a new building or for an existing building which has been altered, shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of This Ordinance and in the case of a new building shall be accompanied by an accurate plot plan, or if not available, by a survey prepared by a licensed land surveyor or engineer showing the location of all buildings as built. D. If the proposed use is in conformity with the provisions of This Ordinance and all other applicable codes and ordinances, a certificate of occupancy shall be issued by the Zoning Officer within 15 days after receipt of a properly completed application. If a certificate of occupancy is denied, the Zoning Officer shall state the reasons in writing to the applicant.
XVI 1-7 €. In regard to those uses which are subject to Performance Standards Procedure, the following requirements shall also apply: 1. Any normal replacement or addition of equipment and machinery not affecting the operations or the degree or nature of dangerous and objectionable elements emitted shall not be considered a change in use;
2. After occupancy, if there occurs continuous or frequent, even Id though intermittent, violations of the Performance Standards and other provisions for a period of 5 days, without bona fide and immediate corrective work, the Zoning Officer shall suspend or revoke the occupancy permit of the use and the operation shall immediately cease until it is able to operate in accordance with these regulations at which time the occupancy permit shall be reinstated; 3. The Zoning Officer shall investigate any alleged violations of Performance Standards, and if there are reasonable grounds to believe that a violation exists, the Zoning Officer shall investigate the alleged violation, and for such investigation may employ qual i f i ed experts. 4. A copy of said findings shall be forwarded to the Township Supervisors. The services of any qualified experts employed by the Township to advise in establishing a violation shall be paid for by the violator, if it shall be determined that a violation is proved, and otherwise by the Township. No new certificate of occupancy shall be issued unless such charges have been paid to the Township.
F. A certificate of occupancy shall be deemed to authorize, and is - required for, both initial occupancy and the continuance of occupancy and use .of the building or land to which it applies. G. Upon written request by the Owner, and upon fee payment, the Zoning Officer shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land existing at the time of adoption of This Ordinance, certifying such use and whether or not the same and the building conforms to the provisions of This Ordi nance. H. A record of all certificates of occupancy shall be kept by the Zoning Officer and copies shall be furnished on request, to any agency of the Township or to any persons having a proprietary or tenancy interest in the building or land affected.
SECTION 17.05 - FEES A. Fees. The .Board of Supervisors shall set fees, payable in advance, for all applications, permits, or appeals provided for by This Ordinance to defray the cost of advertising, processing, inspecting, mailing notices, charges of a stenographer for taking the notes of
XVII-8 testimony, and copying applications, permits and occupancy certificates. Zoning Permit Fees shall not be required for any maintenance operations such .as painting, roof repair, window replacement, installation of siding, replacement of defective structural members or simi 1 ar maintenance measures.
SECTION 17.06 - ENFORCEMENT A. Enforcement Notice 1. Whenever the Zoning Officer or other authorized Township representative determines that there are reasonable grounds to believe that there has been a violation of any provision of This Ordinance, or of any regulation adopted pursuant there to, the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice as provided in this section. 2. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record. 3. An enforcement notice shall state at least the following: The name of the owner of record and any other person against whom the Township intends to take action. The location of the property in violation. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the Ordinance. The date before which the steps for compliance must be commenced, not to exceed thirty (30) days from receipt of notice, and the date before which the steps must be compl eted. An outline of remedial action which, if taken, will effect compliance with the provisions of This Ordinance, or any part thereof, and with any regulations adopted pursuant thereto. A statement indicating that the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time, in accordance with procedures set forth elsewhere in this Ordinance. A statement indicating that failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a viol at ion, with possible sanctions clearly described.
XVI 1-9 B. Causes of Action. In'case any building, structure, landscaping, or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of This Ordinance or any other Township ordinances, code or regulation, the Board of Supervisors, or any officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When such action is instituted by a landowner or tenant, I notice of that action shall be served upon the Township at least thirty (30) day prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.
C. Jurisdiction. Di strict justices shall have i ni ti a1 juri sdict ion 1 over proceedings brought under Section 17.06 0. D. Enforcement Remedies. 1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of This Ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than five hundred dollars ($500) plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation 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 the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fee collected for the violation of the Ordinance shall be paid over to the Township. 2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
XVII-10 3. Nothing contained in this Section shall be construed or interpreted to grant any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section. E. Any development initiated or any building or structure constructed, reconstructed, en1 arged, a1 tered , or re1 ocated, not in compl i ance with This Ordinance may be declared by the Board of Supervisors to be a public nuisance and abatable as such.
SECTION 17.07 - SPECIAL EXCEPTION USES. It is the intent of this Section to provide special controls and regulations for particular uses which may, under certain conditions, be conducted within the various Zoning Districts established in Article I11 of This Ordinance. Each subsection of this Section has particular controls and/or requirements which must be satisfied before the use by right or by Special Exception is permitted; and it is the intent of this Artic e that these particular controls and requirements are additional to those imposed by the District Use Regulations, Articles V through XIII, and by the Supplementary Regulations, Article XIV, of This Ordinance. A. ADDlicabilitv, Limitations, Compliance. 1. ADDlicabilitv. The controls imposed by Sections 14.27 hrough 14.49 of Article XIV are applicable. where cited specifically as a use by Special Exception and where cited for specific permitted uses in Articles V through XI11 of This Ordinance. 2. Limitations. Special Exception uses shall be permitted only where specifically cited in the district use regulations, Articles V through XI11 of This Ordinance. 3. ComDliance. Nothing in this Section shall relieve the Owner or his agent, the developer, or the applicant for a Special Exception Use Permit from obtaining Subdivision and/or Land Development Plan approval in accordance with the Middl esex Township Subdivision and Land Development Ordinance. B. Procedures for Special Exceptions. 1. ADD1 ication. Each application for a Special Exception use shall be accompanied by a proposed plan showing the size and location of the lot, the location of all buildings and proposed facilities including access drives, parking areas, and all streets within 200 feet of the lot. The plan shall indicate the use of each building located within 200 feet of the lot. 2. Referral to Middlesex Township Planninq Commission. a. In their review the Commission shall take into consideration the pub1 ic health, safety, and welfare, the comfort and convenience of the public in general and of
XVI I - 11 the residents of the immediate neighborhood in particular, and may recommend appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of This Ordinance and the accomplishment of the foll owing objectives in particular. b. That a1 1 proposed structures, equipment, or materi a1 shall be readily accessible for fire and police protection.
C. That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be .situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties. d. That, in addition to the above, in the case of any use located in, or directly adjacent to, a Residential District: (1) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with, said Residential District or conflict with the normal traffic of the neighborhood; and (2) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings. 3. Planninq Commission Recommendation. Within 30 days, the Commission shall forward its written recommendations to the Zoning Hearing Board. The Commi ssi on may recommend approval , disapproval or modification. In the case of disapproval or modification the Commission shall set forth the reasons for the recommendation in writing. 4. Zoninq Hearins Board Action. The Zoning Hearing Board shall conduct a public hearing on each application for a special exception use. Such hearing shall be conducted in accordance with Section 18.04 of This Ordinance.
XVII-12 a. The Zoning Hearing Board shall make its final decision based upon findings of fact as to the general factors set forth in Section 17.07.6.2. and upon the specific factors for which a special exception application is filed. C. Conditions and Safequards of Special Exception Permits. The Zoning Hearing Board may require the special exception use permits be periodically renewed. Such renewal shall be granted upon a determination by the Zoning Hearing Board to the effect that such conditions as may have been prescribed by the Zoning Hearing Board in conjunction with the issuance of the original permit have not been, or are being no longer, complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit. D. Effect of SDecial Exception Approval. Any use for which a special exception use permit may be granted shall be deemed to be a conforming use in the District in which such use is located provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. E. SDecial Exceptions - Fees and Other Costs. In addition to the filing fee and other costs requisite for Land Development Plan approval in accordance with the Subdivision and Land Development Ordinance, the applicant shall pay the following costs: 1. All costs related to any required public hearing including but not limited to: advertising of the hearing, services of the Township Solicitor and Engineer and/or Planner, public stenographer, transcripts of proceedings, and similar costs. An applicant by filing for a use by special exception shall then be obligated to pay all costs hereinabove provided. Payment of such costs shall be promptly submitted to the Township by the applicant upon the submission of bills therefor from time to time. Payment shall be by check or money order made payable to the Township of . Middlesex. No building permit or other requisite permit shall be issued by the Township Zoning Officer until all such fees and costs have been paid in full by the applicant.
XV I I - 13 ARTICLE XVIII ZONING HEARING BOARD AND OTHER ADMINISTRATIVE PROCEEDINGS
SECTION 18.01 - ZONING HEARING BOARD CREATION AND APPOINTMENTS. Pursuant to Article IX of the Pennsylvania Municipalities Planning Code, as amended, the Middlesex Township Board of Supervisors do hereby create a Zoning Hearing Board consisting of five members who shall be residents of the Township. Members of the Zoning Hearing Board shall hold no other office in the Township. A. Terms of Office. The terms of office shall be five years and shall be so fixed that the term of office of no more than one member shall expire each year. 1. The members of the existing board shall continue in office until their term of office would expire under the prior Zoning Ordinance. 2. The Zoning Hearing Board shall promptly notify the Township Supervisors of any vacancies which occur. Appointments to fill vacancies shall be only for the unexpired portion of the term. B. Alternate Members. The Board of Supervisors may appoint by resolution at least one but no more than three residents of the Township to serve as alternate members of the Zoning Hearing Board. The term of office of an alternate member shall be three years. When seated in accordance with Section 18.02, 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 Zoning Hearing Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth on this Ordinance and 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 of the board nor be compensated pursuant to Section 18.03 unless designated as a voting alternate member pursuant to Section 18.02 of this Ordinance. C. Removal of Members. Any member of the Zoning Hearing Board may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Township Supervisors taken after the member has received fifteen days’ advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
XVIII-1 SECTION 18.02 - ORGANIZATION OF THE ZONING HEARING BOARD. A. The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms and as such may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all the members of the board, but the board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action of the board as provided in Section 18.04 of This Ordinance. B. 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 section shall be made on a case-by-case basis in rotation according to declining seniority among a1 1 a1 ternates. C. The Zoning Hearing Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of Middlesex Township and laws of the Commonwealth of Pennsylvania. The Zoning Hearing
$,.'- $,.'- Board shall keep full public records of its business, which records shall be the property of the Township, and shall submit a report of : .f its activities to the Township Supervisors as requested by the Board . of Supervisors.
SECTION 18.03 - EXPENDITURES FOR SERVICES. Within the limits of funds appropriated by the Township Supervisors, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive 'compensation for the performance of their duties, as may be fixed by the Township Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Township Supervisors. Alternate members of the Board may receive compensation, as may be fixed by the Board of Supervisors, for the performance of their duties when designated as a1 ternate members pursuant to Section 18.02, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.
SECTION 18.04 - HEARINGS. The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements: A. .Public Notice. Notice shall be given and written notice shall be given to the applicant, the Township Zoning Officer, such other persons as the Board of Supervisors sha1.l designate by ordinance and to any person who has made timely request for same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Zoning Hearing Board. In addition to the
XVIII-2 written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. 8. -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. C. Conduct of Hearinq. The hearings shall be conducted by the Zoning Hearing Board or the1 Zoning Hearing Board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Zoning Hearing Board; however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Zoning Hearing Board and accept the decision or findings of the hearing officer as final. I) D. The parties to the hearing shall be Middlesex Township, any person affected by the application who has made timely appearance of record before the Zoning Hearing Board, and any other person including civic or community organizations permitted to appear before the Board. The Zoning Hearing Board shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose. E. The chairman or acting chairman of the Zoning Hearing Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of re1 evant documents and papers, i ncl udi ng witnesses and documents requested by the parties. F. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on a1 1 re1 evant issues. G. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. H. The Zoning Hearing Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. 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.
XVIII-3 I. The Zoning Hearing Board or hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present. J. Decisions. The Zoning Hearing Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty- five (45) days after the last hearing before the Zoning Hearing Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with reasons therefor. Conclusions based on any provisions of this Ordinance or any Township ordinance, rule or regulation, or the Pennsylvania Municipalities Planning Code, Act 247, as amended, shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Zoning 1 Hearing Board shall make his report and recommendations available to the parties within forty-five (45) days and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry of findings, and the Board‘s decision shall be entered no later than thirty (30) days after the report of the hearing officer. Where the Zoning Hearing Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within sixty (60) days from the date 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 Zoning Hearing Board to meet or render a decision as hereinabove provided, the Zoning Hearing Board shall give public notice of said decision within ten (10) days from the last day it could have met to render a decision in the same manner as provided in Section 18.04 A. of this Ordinance. 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 a court of competent jurisdiction. K. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Zoning ... Hearing Board no later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
XVIII-4 SECTION 18.05 - JURISDICTION A. Zonina Hearinq Board’s Jurisdiction. The Zoning Hearing Board shall 3 have exclusive jurisdiction to hear and render final adjudications in the following matters: 1. Substantive challenges to the validity of this Ordinance, except those brought before the Board of Supervisors pursuant to Sections 19.03 A. (Procedure for Landowner Curative Amendments) and 18.10 (Validity of Ordinance: Substantive Questions). 2. Challenges to the validity of this Ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within thirty (30) days after the effective date of this Ordinance. 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 nonconforming use, structure or lot. _. 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 provisions within this Ordinance. 5. Applications for variances from the terms of this Ordinance and the flood hazard provisions herein, pursuant to Sections 18.06 B. and C. 6. Applications for special exceptions under this Ordinance or flood plain or flood hazard provisions within this Ordinance, pursuant to Section 18.06 D. 7. Appeals from the Zoning Officer’s determination of Preliminary Opinion pursuant to the requirements of Section 18.11. 0. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any provision of this Ordinance with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving Subdivision/Land Development Ordinance or Planned Residential Development applications.
B. . Board of Suoervisors’ Jurisdiction. The Board of Supervisors shall have exclusive jurisdiction to hear and render final adjudications in the following matters: 1. All applications for approvals of planned residential devel opment s under Art i cl e XV I. 2. Applications for curative amendment to this Ordinance pursuant to Sections 18.10 and 19.03 A.
XVI I 1-5 3. All petitions for amendments to this Zoning Ordinance, pursuant to the procedures set forth in Section 19.03. - 4. Appeals from the determination of the Zoning Officer or Township Engineer in the administration of any provision of this Ordinance with reference to sedimentation and erosion control and storm water management insofar as the same relate to development involving Subdivision/Land Development Ordinance or Planned Residential Development applications. e C. ADDlicabilitv of Judicial Remedies. Nothing contained in this article shall be construed to deny the applicant the right to proceed directly to court where appropriate, pursuant to the Pennsylvania Rules of Civil Procedure No. 1091 (relating to action in mandamus).
SECTION 18.06 - ZONING HEARING BOARD'S FUNCTIONS A. Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer. The Zoning Hearing Board may grant a variance, provided that all of the following I findings are made where relevant in a given case: 3,-. 1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size of 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 the Zoning Ordinance in the neighborhood or district in which the property is located; 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 the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property; 3. That such unnecessary hardship has not been created by the appel 1 ant ; 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 pub1 ic we1 fare; and 5. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
XVI I 1-6 In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to . implement the purposes of the Zoning Ordinance and the MuniciDal ities P1 anninq Code. B. Variances - Floodolain Conservation District. Requests for variances shall be considered by the Zoning Hearing Board in accordance with the procedures contained in Section 18.05 A. of This Ordinance, and the following: 1. No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one hundred (100) year flood elevation. 2. Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requi rements pertai ni ng spec i fi call y to devel opment regulated by Special Permit or to Development Which May Endanger Human Li fe. 3. If granted, a variance shall involve only the least modification necessary to provide re1 ief. 4. In granting any variance, the Zoning Hearing Board may attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of This Ordinance. 5. Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that: (a) the granting of the variance may result in increased premium rates for flood insurance.
(b) such variances may increase the risk to life and property. 6. In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to, the following: (a) that there is good and sufficient cause (b) that failure to grant the variance would result in exceptional hardship to the applicant. (c) that the granting of the variance will not result in an unacceptable or prohibited increase in flood heights, additional threats to publ ic safety, extra ordinary publ ic expense, create nuisances, cause fraud on, or victimization of the public, or conflict with any other applicable local Commonwealth or Federal law, code, or regulations. 7. A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition,
XVII 1-7 a report of all variances granted during the year shall be submitted to the Middl esex Township Board of Supervisors. 8. The Board of Supervisors shall include the above-mentioned report in its annual report to the Federal Insurance Admi n i s tr at i on. C. Special Exceotions. The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with the standards and criteria set forth in Article XVII of This Ordinance. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in Article XVII, as it may deem necessary to implement the purposes of This Ordinance and of the Pa. MuniciDalities Planninq Code. When an application for a special exception has been filed with the Zoning Hearing Board and the subject matter of such application would ultimately constitute either a "land development" or a "subdivision", no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. Provided, further, should such an application be approved by the Zoning Hearing Board the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months, or longer as may be approved by the Zoning Hearing Board, following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before the Zoning Hearing Board. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the relevant provisions of Sections 508(1) through 508(4) of Act 247, the Municipalities Planning Code, as amended.
SECTION 18.07 - PARTIES APPELLANT BEFORE ZONING HEARING BOARD. Appeals under Section 18.06 A. may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance under Sections 18.06 C. and D., and for special exception under Section 18.06 E. may be filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner.
SECTION 18.08 - TIME LIMITATIONS. A. No person shall be allowed to file any proceeding with the Zoning Hearing Board later than thirty. (30) days after any application for development, preliminary or final, 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.
XVIII-8 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 a tentative plan pursuant to Article XVI, or from an adverse decision by the Zoning Officer on a challenge to the validity of the Zoning Ordinance or Zoning Map pursuant to Section 19.03 shall preclude an appeal from the final approval except in the case where the final submission substantially deviates from the approved tentative approval. B. All appeals from determinations adverse to the landowners shall be filed by the landowner within thirty (30) days after notice of the determination is issued.
SECTION 18.09 - STAY OF PROCEEDINGS. A. Upon filing of any proceeding referred to in Section 18.07 and during its pendency before the Zoning Hearing Board, all land development pursuant to any chal 1 enged 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 Zoning Hearing 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 Zoning Hearing 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 Zoning Hearing Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Zoning Hearing Board. B. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court. C. 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. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory . D. If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to
XVIII-9 post a bond, the respondent to the petition for a bond, upon motion of the petitioner and. after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses, and attorney fees incurred by the petitioner.
SECTION 18.10 - VALIDITY OF ORDINANCE: SUBSTANTIVE QUESTIONS A. A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof which r; prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either: 1. to the Zoning Hearing Board under Section 18.05 A.l. and A.2.; or 2. to the Board of Supervisors under Section 18.05 B. 2., together with a request for a curative amendment under Section 19.03. B. Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provision thereof, who desire to challenge its validity on substantive grounds shall first submit their challenge to the Zoning Hearing Board for a decision thereon under Section 18.05 A.1. C. The submissions referred to in subsections A. and B. shall be governed by the following: 1. In challenges before the Zoning Hearing Board, the challenging party shall make a written request to the Board that it hold a . hearing on its challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment, under Section 19.03, his application to the Board of Supervisors shall contain, in addition to the requirements of the written request hereof, the pl ans and expl anatory materi a1 s describing the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing herein contained shall preclude the landowner from first seeking a final approval before submitting his challenge. 2. If the submission is made by the landowner to the Board of Supervisors under Subsection 18.10 A. 2., the request also shall be accompanied by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therei n .
xv I I I - 10 3. If the submission is made to the Board of Supervisors, the Township Solicitor shall represent and advise it at the hearing or hearings referred to in Section 19.03. 4. The Board of Supervisors may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf and to present their witnesses on its behalf. 5. Based on the testimony presented at the hearing or hearings, the Board of Supervisors or the Zoning Hearing Board, as the case may be, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by the Board of Supervisors is found to have merit, the Board of Supervisors shall proceed as provided in Section 19.03. If a challenge heard by the Zoning Hearing Board is found to have merit, the decision of the Zoning Hearing Board shall include recommended amendments to the challenged ordinance which will cure the defects found. In reaching its decision, the Zoning Hearing Board shall consider the amendments, 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 pub1 ic service faci 1 it i es ; (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 the ordinance or map; (c) the suitability of the site for the intensity of use proposed by the site’s soils, slopes, woodland, 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, floodplains, 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. 6. The Board of Supervisors or the Zoning Hearing Board, as the case may be, shall render its decision within forty-five (45) days after the conclusion of the last hearing. 7. If the Board of Supervisors or the Zoning Hearing Board, as the case may be, fails to act on the landowner’s request within the time limits referred to in Section 18.10 C.6., a denial of the
XVI I I - 11 request is deemed to have occurred on the 46th day after the close of the last hearing. D. The Zoning Hearing Board or Board of Supervisors, as the case may be, shall commence its hearings within sixty (60) days after the request is filed unless the landowner requests or consents to an extension of time. E. Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place c where and the times when a copy of the request, including any plans, explanatory material or proposed amendments may be examined by the pub1 i c. F. The challenge shall be deemed denied when: 1. the Zoning Hearing Board or Board of Supervisors, as the case may be, fails to commence the hearing within the time limits set forth in Section 18.10 D.; 2. the Board of Supervisors notifies the landowner that it will not adopt the curative amendment; 3. the Board of Supervisors adopts another curative amendment which is unacceptable to the landowner; or 4. the Zoning Hearing Board or Board of Supervisors, as the case may be, fails to act on the request forty-five (45) days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and the Township. G. Where a curative amendment proposal is approved by the grant of a curative amendment appl ication by the Board of Supervisors pursuant to Section 19.03 or a validity challenge is sustained by the Zoning Hearing Board pursuant to Section 18.05 or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two (2) years from the date of such approval to file an application for preliminary or tentative approval pursuant to the requirements for Subdi vi sion/Land Development or P1 anned Residential Development. Within the two-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of Section 508(4) of the Pa. MuniciDalities Planninq Code shall apply. Where the proposal appended to the curative amendment application or the validity challenge is approved but does not require further .. application under any subdivision or land development ordinance, the developer shall have one (1) year within which to file for a building permit. Within the one-year period, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or
XVI I I - 12 plan shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary.
SECTION 18.11 - PROCEDURE TO OBTAIN PRELIMINARY OPINION In order not to unreasonably delay the time when a landowner may secure assurance that the ordinance or map under which he proposed to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time for any challenge to the ordinance or map will run under Section 18.08 by the following procedure : A. The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable ordinances and maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative or final approval or for the issuance of a building permit so long as they + provide reasonable notice of the.proposed use or development and a . sufficient basis for a preliminary opinion as to its compliance. B. If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall include a general description of the proposed use or development and its location, -by'some readily identifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable prel iminary approval under Section 18.08 and the time therein specified for commencing a proceeding with the Zoning Hearing Board shall run from the time when the second notice thereof has been pub1 ished.
SECTION 18.12 - MEDIATION OPTION A. Parties to proceedings authorized in This Article and in Article XX (Appeals to Court) may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in This Article and in Article XX once they have been formally initiated. Nothing in this Section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law. B. 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. The Township shall assure that in each case, the mediating parties,
XVI I I - 13 assisted by the mediator as appropriate, develop terms and conditions for: 1. Funding mediation. 2. Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedure and demonstrated skills in mediation.
c--. 3. Completing mediation, including time limits for such compl et i on. 4. Suspending time limits otherwise authorized in this Ordinance and the Pa. Municipalities Planninq Code, provided there is written consent by the mediating parties, and by an applicant or municipal decision-making body if either is not a party to the mediation. 5. Identifying all parties and affording them the opportunity to participate. 6. Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public. 7. Assuring that mediated solutions are in writing and signed by the parties, and becgme subject to review and approval by the appropriate decision-making body pursuant to the authorized ... procedures set forth in the Pa. Municipalities Planninq Code. C. 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.
XV I I I - 14 ARTICLE XIX AMENDMENTS
SECTION 19.01 - POWER OF AMENDMENT. The Board of Supervisors may, from time to time, amend, supplement, change, modify or repeal This Ordinance or any part of This Ordinance, including the Zoning Map. When doing so, the Board of Supervisors shall proceed in the manner prescribed in this Art i cl e.
SECTION 19.02 - ENACTMENT OF ZONING ORDINANCE AMENDMENTS. Proposals for amendment, supplement, change, modification, or repeal may be initiated by the Board of Supervisors on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions: A. Submission Dates. Proposals for amendment, supplement, change or modification to This Ordinance, including the Zoning Map, will be accepted for review and recommendation by the Planning Commission. The regularly scheduled meetings of the Planning Commission are hereby established as the meetings at which such aforementioned proposals shall be considered. A1 1 proposals for amendment, supplement, change or modification to This Ordinance shall be submitted to the Township Secretary for referral to the Planning Commission not later than fourteen (14) days prior to the regularly scheduled meetings of the Planning Commission. B. ProDosals Orisinated bv the Board of SuDervisors. The Board of Supervi sors may on its own motion prepare proposal s for amendment, supplement, change, modification or repeal of This Ordinance. C. ProDosals Orisinated bv the Planninq Commission. The Planning Commission may on its own motion prepare proposals for amendment, supplement, change, modification or repeal of This Ordinance. D. ProDosals Oriqinated bv Citizen Petition. Owners of property in the Township may by petition submit proposals for amendment, supplement, change, modification or repeal of This Ordinance. 1. A fee shall be paid at the same time to cover costs, and no part of such fee shall be returnable to a petitioner. Said fee shall be in accordance with a fee schedule adopted by resolution of the Board of Supervisors from time to time. 2. On receipt of said petition and the requisite fee the Zoning Officer shall transmit a copy of the petition to the Planning Commission.
XIX- 1 Within thirty (30) days after receipt of the Planning Commission’s report and recommendation, the Board of Supervisors shall either fix a time for public hearing or notify the petitioner of its decision not to consider the proposal. E. In the case of an’amendment other than that prepared by the Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission at least thirty (30) days prior to the hearing on such amendment to provide the Planning Commission an opportunity to submit recommendations. The Planning Commission shall make a report and recommendation to the Board of Supervisors. 1. The report shall set forth in detail reasons wherein public necessity, convenience, general welfare, and the objectives of the Middlesex Township Comprehensive Plan do or do not justify the proposed change, and may include any additions or modifica- tions to the original proposal. 2. At its discretion, the Planning Commission may hold a public hearing before making such report and recommendation. F. Referral to County Planninq Commission. At least thirty (30) days prior to the public hearing on the amendment by the Board of .pr Supervisors, the Board of Supervisors shall submit the proposed amendment to the Cumberland County Planning Commission for : . recommendations. G. Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. Notice shall be given as follows: 1. By publication of the notice in a newspaper of general circula- tion in the Township. Said notice shall be published one each week for two successive weeks. The first publication shall not be more than thi.rty days nor less than fourteen days from the date of the hearing. 2. When such hearing concerns a Zoning Map change, written notice shall be given to parties in interest, who shall be at least those persons whose properties adjoin or are across the street from the property in question. In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
XIX-2 H. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Board of Supervisors shall hold another publ ic hearing, pursuant to publ ic notice, before proceeding to vote on the amendment. 1. Enactment of Zonincr Ordinance Amendment. The vote on the enactment by the Board of Supervisors shall be within ninety (90) days after .the last public hearing. Within thirty (30) days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the County Planning Commission. J. The Township may offer a mediation option as an aid in completing proceedings authorized by this Section. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in Section 18.12.
SECTION 19.03 - CURATIVE AMENDMENTS. A curative amendment may be initiated by either a landowner or by the Board of Supervisors. A. Procedure for Landowner Curative Amendments. A landowner who desires to challenge on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest 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 18.10. 1. The Board of Supervisors shall commence a hearing thereon within sixty (60) days of the request as provided in Section 18.10. The curative amendment and challenge shall be referred to the Township and County Planning Commissions as provided in Section 19.02 and notice of the hearing thereon shall be given as provided in Section 19.02 G. and in Section 18.10. 2. The hearing shall be conducted in accordance with Section 18.04 and all references therein to the Zoning Hearing Board shall, for the purposes of this section be references to the Board of Supervisors. If the Board of Supervisors does not accept a landowner’s curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court’s decision shall not result in a - declaration of invalidity for the entire zoning ordinance and map, but only for those provisions which specifically relate to the landowner’s curative amendment and challenge. 3. 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 alleged
XIX-3 defects. The Board of Supervisors shall consider the curative amendments, pi ans and explanatory materi a1 submitted by the 1andowner and shall a1 so consider: a. the impact of the propoasal upon roads, sewer facilities, water supplies, schools and other public service faci 1i ti es ; 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 chall enged provisions of the ordinance or map;
C. the suitability of the site for the intensity of use proposed by the site’s soils, slopes, woodland, 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, floodplains, 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 ..I. .. .. e. the impact of the proposal on the preservation of .>. ., -. agriculture and other land uses which are essential to public health and welfare. B. Procedure for MuniciDal Curative Amendments. 1. If the Board of Supervisors determines that this Zoning Ordinance or any portion thereof is substantially invalid, the Board of Supervisors shall declare by formal action, this Zoning Ordinance or portions hereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within thirty (30) days following such declaration and proposal the Board of Supervisors shall: a. By resolution make specific findings setting forth the declared invalidity of the Zoning Ordinance which may include: (1) references to specific uses which are either not permitted or not permitted in sufficient quantity; (2) reference to a class of use or uses which require revision; or (3) reference to the entire ordinance which requires revisions.
XIX-4 3
b. Begin to prepare and consider a curative amendment to the zoning ordinance to correct the declared inval idity. 2. Within one hundred eighty (180) days from the date of the declaration and proposal, the Board of Supervisors shall enact a curative amendment to validate, or reaffirm the validity of the zoning ordinance. 3. Upon initiation of the procedures, as set forth in Section 19.03 B. 1. , the Board of Supervisors shall not be required to entertain or consider any landowner’s curative amendment filed under Section 19.03 A. nor shall the Zoning Hearing Board be required to give a report requested under Section 18.10 subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Section 19.03 B.1.a. Upon completion of the procedures as set forth in 19.03 B.l. and 2., no rights to a cure shall, from the date of declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section. 4. The Board of Supervisors having utilized the procedures as set forth in Section 19.03 B.l. and 2. may not again utilize said procedure for a thirty-six (36) month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of the zoning ordinance, pursuant to Section 19.3 . B.2.; provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Township by virtue of a change in statute or by vurtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this section to prepare a curative amendment to this ordinace to fulfill said duty or ob1 igat i on.
SECTION 19.04 - PUBLICATION, ADVERTISEMENT AND AVAILABILITY OF ORDINANCES A. Proposed zoning ordinance amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than sixty (60) days nor less than seven (7) days
prior to passage. Publication of the porposed amendment shall I include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all
XIX-5 the provisions in reasonable detail. If the full text is not incl uded : 1. A copy therof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is pub1 ished. 2. An attested copy of the proposed ordinance shall be filed in - the county law library or other county office designated by the c county commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinance. B. In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Board of Supervisors shall at least ten (10) days prior to enactment readvertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
C. Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
XIX-6 ARTICLE XX APPEALS TO COURT
SECTION 20.01 - LAND USE APPEALS. The procedures set forth in this Article shall constitute the exclusive mode for securing review of any decision rendered pursuant to Article XVIII or deemed to have been made under this Ordinance.
SECTION 20.02 - JURISDICTION AND VENUE ON APPEAL: TIME FOR APPEAL. All appeals from all land use decisions rendered pursuant to Article XVIII shall be taken to court of common pleas of the judicial district wherein the land is located and shall be filed within thirty (30) days after entry of the decision as provided in 42 Pa.C.S. ss 5572 (relating to time of entry of order) or in the case of deemed decision within thirty (30) days after the date upon which notice of said deemed decision is given as set forth in Section 18.04 J. of this Ordinance.
SECTION 20.03 - APPEALS TO COURT: COMMENCEMENT: STAY OF PROCEEDINGS. A. Land use appeals shall be entered as of course by the prothonotary or clerk upon filing of a-land use appeal notice which concisely sets forth the grounds on which the appellant relies. The appeal notice need not be verified. The land use appeal notice shall be accompanied by a true copy thereof. B. Upon filing of a land use appeal, the prothonotary or clerk shall forthwith, as of course, send to the Board of Supervisors, Zoning Hearing Board or agency whose decision has been appealed, by registered or certified mail, the copy of the land use appeal notice, together with a writ of certiorari commanding said Board of Supervisors, Zoning Hearing Board or agency, within twenty (20) days after receipt thereof, to certify to the court its entire record in the matter in which the land use appeal has been taken, or a true and complete copy thereif, including any transcript of testimony in existence and available to the Board of Supervisors, Zoning Hearing Board or agency at the time it received the writ of certiorari. C. If the appellant is a person other than the landowner of the land directly involved in the decision or action appealed from, the appellant, within seven (7) days after the land use appeal is filed, shall serve a true copy of the land use appeal notice by mailing said notice to the landowner or his attorney at his last known address. For identification of such landowner, the appellant may rely upon the record of the miunicipality and, in the event of good faith mistakes as to. such identy, may make such service nunc pro tunc by leave of court.
xx- 1 D. The filing of an appeal in court under this section shall not stay the action appealed from, but the appellants may petition the court having jurisdiction of land use appeals for a stay. If the appellants are persons who are seeking to prevent a use or development of the land of another, whether or not a stay is sought by them, the landowner whose use or development is in question may petition the court to order the appellants to post bond as a condition to proceeding with the appeal. After the petition for posting a bond is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the . hearing, evidence may be presented on the merits of the case. It shall be the burden of the landowners to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for posting a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The question of the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond, shall be interlocutory. An order directing the respondent to the petition for posting a bond to post a bond shall be interlocutory. If an appeal is taken by a respondent to the petition for posting a bond from an order of the court dismissing a land use appeal for refusal to post a bond, such responding party,
, ,*P'. - & I upon motion of petitioner and after hearing in the court having jurisdiction of land use appeals, shall be liable for all reasonable costs, expenses, and attorney fees incurred by the petitioner. "f.. -_
SECTION 20.04 - INTERVENTION. Within the thirty (30) days first following the filing of a land use appeal, if the appeal is from a board or agency of the Township, the Township and any owner or tenant of property directly involved in the action appealed from may intervene as of course by filing a notice of intervention, accompanied by proof of service of the same, upon each appellant or each appellant's counsel of record. All other intervention shall be governed by the Pennsylvania Rules of Civil Procedure.
SECTION 20.05 - HEARING AND ARGUMENT OF LAND USE APPEAL. If, upon motion, it is shown that proper consideration of the land use appeal requires the presentation of additional evidence, a judge of the court may hold a hearing to receive additional evidence, may remand the case to the body, agency or officer whose decision -or order has been brought up for review, or may refer the case to a referee to receive additional evidence, provided that appeals brought before the court pursuant to Section 18.10 shall not be remanded for further hearings before any body, '.agency or officer of the Township. If the record below includes findings of fact made by the Board of Supervisors, Zoning Hearing Board or agency - whose decision or action is brought up for review and the court doses not take additional evidence or appoint a referee to take additional evidence, the findings of the Board of Supervisors, Zoning Hearing Board
xx-2 or agency shall not be disturbed by the court if supported by substantial evidence. If the record dies not include findings of fact, or if additional evidence is taken by the court or by a referee, the court shall make its own findings of fact based on the record below as supplemented by the additional evidence, if any.
SECTION 20.06 - JUDICIAL RELIEF. A. In a land use appeal, the court shall have power to declare any ordinance or map invalid and set aside or modify any action, decision or order of the Board of Supervisors, agency or officer of the Township brought up on appeal. B. If the court finds that a n ordinance or map, ora decision or order thereunder, which has been brought up for review unlawfully prevents or restricts a dvelopment or use which has been described by the landowner through plans and other materials submitted to the Board of Supervisors, agency or officer of the Township whose action or failure to act is in question on the appeal, it may order the described development or use approved as to all elements or it may order it approved as to some elements and refer other elements to the Board of Supervisors, agency or officer having jurisdiction thereof for further proceedings, including the adoption of alternative restrictions, in accordance with the court’s opinion and order. C. Upon motion by any of the parties or upon motion by the court, the judge of the court may hold a hearing or hearings to receive additional evidence or employ experts to aid the court to frame an appropriate order. If the court employs an expert, the report or evidence of such expert shall be available to any party and he shall be subject to examination or cross-examination by any party. He shall be paid reasonable compensation for his services which may be assessed against any or all of the parties as determined by the court. The court shall retain jurisdiction of the appeal during the pendency of any such further proceedings and may, upon motion of the landowner, issue such supplementary orders as it deems necessary to protect the rights of the landowner as declared in its opinion and order. D. The fact that the plans and other materials are not in a form or are not accompanied by other submissions which are required for final approval of the development or use in question or for the issuance of permits shall not prevent the court from granting the definitive relief authorized. The court may act upon preliminary or sketch plans by framing its decree to take into account the need for further submissions before final approval is granted.
xx-3 ARTICLE XXI LEGAL STATUS PROV I S IONS 3
SECTION 21.01 - INTERPRETATION. In their interpretation and application, the provisions of This Ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except where specifically, provided to the contrary, it is not intended by This Ordinance to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelter or premises; nor is it intended by This Ordinance, to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where This Ordinance imposes a greater restriction upon the use of a building or premises, or requires larger open spaces than are imposed or required by any other statute, ordinance, rule, regulation or permit, or by any easement, or agreement, the provisions of This Ordinance shall control.
SECTION 21.02 - SEPARABILITY. If any Article, Section, or provision of This Ordinance or the location of any District boundary shown on the Zoning Map that forms a part hereof should be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity .of This Ordinance or Zoning Map as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
SECTION 21.03 - REPEALER. All other Township ordinances, or parts of other ordinances in conflict herewith, are hereby repealed. I
SECTION 21.04 - EFFECTIVE DATE AND ENACTMENT. This Ordinance shall become effective on the 6th- day of July, I989
1 Enacted and Ordained this -30thday of .itJnc, 1989 .
TOWNSHIP OF HIDDLESEX ; :. . ; r-,-' I. BOARD OF SUPERVISORS
. .. .I _.... . ATTEST : 9 9 1-3
AN ORDINANCE OF THE TOb7NSHIP OF MIDDLESEX, 'CUMBERSAND COUNTY, PENNSYLVANIA, AMENEING ARTICLE 111, SECTION 3.02 OF THE MIDDLESEX TCIMNSHIP ZONING ORDINAIJCE AS ORIGINALLY ENACTED ON JUNE 30, 1989, TO AMEND, MODIFY AND CHANGE THE BOUNDARIES OF THE ZONING MAP BY DELETING k PORTION OF THE EXISTING INDUSTRIAL GENERAL ("IG") ZONING DISTRICT AND BY INCREASING THE COMMERCIAL HIGHWAY ("CH" 1 ZONING DISTRICT
BE IT HEREBY ENACTED AND ORDAINED and it is hereby enacted and ordained by the Board of Township Supervisors in and for the
Township of Middlesex, Cumberland County, Pennsylvania, as follows :
SECT1014 1. Section 3.02 of Article I11 of the "Middlesex Township Zoning Ordinance" originally enacted and ordained as Ordinance No. 3-89 on June 30, 1989, is hereby amended thereto by the following subsection:
A. Change of Zoning Districts I. The Industrial General ("IG") zoning district as shown on the i4iddlesZx Township Zoning Map is hereby decreased by deleting therefrom all that certain tract of land more fully described in Paragraph 3 below, said tract of land hereby being designated, reclassified and rezoned to be included in the Commercial Xighway ("CH") zoning district as more fully set forth he reinbe low .
2. The Commercial Highway ("CM" j zoning district is hereby increased by adding thereto and including therein all that certain tract of land more fully described in Paragraph 3 hereinbelow.
3. The €allowing described tract of land situated in the Township of Eiddlesex is hereby reclassified and rezoned from Industrial General (“IG“) to Commercial Highway (“CH”):
BEGINNING at a point on the southern right-of-way line of [J.S. Route 11, said point being offset 62.00 feet from station 226 + 95.43; thence, from the point of beginning, along lands now or formerly of the Pennsylvania Department of Transportation and Eagle Development Corporation, South 9 degrees 39 minutes 30 seconds East, a distance of 407.86 feet to a point; thence along lands of Eagle . Development Corporation, North 83 degrees 4’ 58 minutes West, a distance of 300.03 feet to an iron pin; thence along the same, North 9 degrees 21 minutes 30 seconds ;Jest, a distance of 180.40 feet to point on the eastern right-Df-way line of Ramp B of Interstate 81; thence along said right-of- way line of Ramp B the following five courses: (1) North 10 degrees 1 mincte 57 seconds East, a distance of 120.00 feet to a point; (2) North 22 degrees 36 minutes 3 seconds East, a distance of 34.36 feet to a point; (3) ilorth 38 degrees 5 minutes 58 seconds East, a distance of 54.03 feet to a point; (4) along an arc of a curve, curving to the right, having a radius of 120.00 feet and an arc length of 61.11 feet to a point; and (5) North 6 degrees 19 minutes East, a distance of 6.00 feet to a point on the southern right-of-way line of u.S. Route 11; thence along said southern right- of-way line, South 83 degrees 41 minutes East, a distance of 132.15 feet to a point, the place of Beginning. Containing 2.453 acres of land.
SECTION 2. The Township Engineer is directed to revise the Middlesex Township Zoning Map to delineate the reclassification and boundary line changes as adopted hereby.
SECTION 3. Except only as amended, modified and changed herein, the Middlesex Township Zoning Ordinance as originally
-2- enacted shall remain in all other respects in full force and effect. SECTION 4. This Ordinance shall become effective in accordance with applicable law.
d DULY ENACTED AND ORDAINED this 3 day of 5t-e 1991, by the Board of Township Supervisors in and for the Township of Middlesex, Cumberland County, Pennsylvania.
TOWNSHIP OF MIDDLESEX
ATTEST:
(Township Seal)
-3- AN ORDINXYCZ OF T'i TOkTXS'n'iE) Or" MIDDLESEX PP?ZXDING TXZ MIDDLESEX TOWNSZIP ZONING omrN,a,Ncs AS ORIGINXLY ENACTED AS ORDWJJCE NO. 3-a9 ON JLNE 30, 1989, BY ADDING TZTO NZW SECTION 4.02 WEICE PROVIDES FOR EXCETTIONS Or" PSTLICATION OF RZQUILES RZLATIVZ TO TOWSEI? USES.
BE: PAW IT IS esactec! znd ordeined by &&e Board of
Tohmship Supe-rvisors in ZS?~for tfie Townshi? of Middlesex,
SECTION I: Ortinace No. 3-89 ham 2s Xliddlesex Township
Zoning Ordinmce enacke5 03 June 30, 1964, is hereby mended by adding to _3_rtcle 3- &&= following new. Section 4.02:
A. TkBoard of TawnshiD Suse-rvisors hereby recovizes tire need to use 2nd develop lads . within this Tonshi: to cccomsodzte 2nd ixslement ~overmenttlfunctions adresgonsibilities or' this TowAshi~en2 its goverr~iiiientalentities. B. Xotvi*&stznding sinything to the contrary eppearing elsewhere in this Zoning Ordinance, lsnd, Duildin5.s or premises in all zoning Cistricts ncy be used by right for the performance of any municigal-function of this Tomshi? or zny of its govermentzl entities without regard to sgecific linitztions or regulations peraining to the zoninq 2istrict in which such use may be located.
C. k.ny nunicipel entity proposing action which would otherdiss be governed by the Zoning 0rdina.rce shzll suhit such proposed ection to the Plznnlng CczTission for revio,w and comment. D. The municipal entity using the subject property shall provide and maintain a visual barrier or vegetative buffer between such municipal use and any contiguous residential zoning district, except where a natural or man- made barrier or other buffer may already exist. The type and extent of barrier buffer shall be determined by the Board of Township Supervisors after consultation with the Township Planning Commission. SECTION 2: Except only as amended, modified and changed herein, the Middlesex Township Zoning Ordinance as originally enacted and as previously amended shall remain in all other respects in full force and effect. SECTION 3: This Ordinance shall become effective in accordance with applicable law. SECTION 4: In the event that any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Ordinance or other Ordinances affected by this Ordinance, it being the intent of the Board of Township Supervisors of Middlesex Township that such remainder shall be and shall remain in full force and
t/\ effect. DULY ENACTED AND ORDAINED this 7 day of gqte,J,er 1994 TOWNSHIP OF MIDDLESEX
ATTEST: supervises
-2- . .. .c------.-.-_ - * ..
-- \ ORDINANCE 4-96 TOWNSHIP OF MIDDLESEX Cumberland County, Pennsylvania
AN ORDINPICE OF THE TOXNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, PENNSYLVANIA, CREATING CIVIL PENPLTIES AND PROCEDURES FOR VIOLATION OF NON-CRIMINAL ORDINANCES AND REPEALING PORTIONS OF ORDINANCES INCONSISTENT HEREWITH
BE AND IT IS EZRE3Y ENACTED AND ORDAINED by the Board of Township Supervisors in and for the Township of Middlesex, Cumberland County, Pennsylvania, and it is hereby enacted and ordained by the authority of the same as follows: SECTION 1: The background of this Ordinance and the legislative intention of the Board of Township SuDervisors ("Boardft)in enacting it are as follows: (a) The Township of Middlesex is a municipal township of the second class.
(b) The Gsneral Assembly of the Commonwealth of Pennsylvania reezccted and amended the Second Class Township Cc6e by P.L. 350, No. 60, on November 9, 1995, effective May 7, 1996 (hereinafter called ffCodeff); and (c) Ssction lSOl(c) provides as follows: "The board of supervisors may prescribe fines not exceeting one thousand dollars ($1,000) for a violation of a building, housing, property maintenance, health, fire or public safety code or ordinance ar.d for water, air and noise pollution violations and not exceeding six hundred dollars ($600) for a violation of any other ordinance. Any person who violates or permits the violation of a township ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay the fine set by the board of supervisors plus all court costs, including reasonable attorney fees, incurred by a municipality. No judgment shall be imposed until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to . the applicable rules of civil procedure. It
(d) The Board recognizes that there are existing ordinances of this Township which are civil in nature and provides for criminal or quasi-criminal penalties for violation, and the Bozrd intends to cause said ordinaces to be modified and amended in order to
comgly with Section 1601(c) of the Code.
(e) The Board does not intend to modify or amend any ordinance of a criminal nature for which enabling legislation allows for criminal fines and penalties.
SECTION 2: (a) All ordhznces-,of a. civil:nzture heretofore enacted shall be and are hereby.. modified .and: amended to pzovide for civil fines or aenzlties in accordance with the provisions of
Section 1601(c) of 'he Code as-quoted above.
(b) In eech existing ordinance where a specific criminal fine is establishes, the amount so stated shall become c civil fine or penalty in '&e same amount. (c) The maximus civil fine or penalty for violation of the Township's Zoning Ordinance and Subdivision and Land
Development Ordinances, shall be and remain $1,000. (dl Excegt as provided in subsection (c) immediately above, and whenever no monetary penalty or fine is already established, the maximum civil fine or penalty shall be $600 for each violation.
SECTION 3: The vtInitiatingOfficialvv shall be the person
-2-
rp . . ___. --..-.---- -..___ . .. ------____._ - ". ,. --\ -.
authorized by the Board to initiate proceedings for the violation of ordinances. The following officials and their duly appointed assistants are hereby authorized to initiate proceedings:
(a) Zoning Officer: for violations of the Zoning
L Ordinance Lid Subdivision and Land Development Ordinance. (b) Chief of Police, or any other Police Officer
at the direction of the Chief of Police: for violations of my ordinance for which criminal penalties =e allowed and authorized. (c) Crdinlnce Enforcement Officer: all
ordinances slot provided for .in subparagraphs. (a) and (b) immedictely &ove. SECTION 4: All civil proceedings for enforcsment of
I ordinznces skll be commenced in the.-name of &&e Township of Middlesex at the or'zice of the District Justice having jurisdiction ovez 'he area of Middlesex Township. Where a specific fine or penalty is not prescribed by ordinance (as when the ordinance provides for a mzxinum fine or penalty) , the i Initiating Official sSall establish the amount to be recovered in the initial cony;laint, citation or other first pleading, and
shall include in the demand the court costs and, where appropriate, the Township's reasonable attorney fees.
SECTION 5: All civil proceedings hereunder shall be
conducted pursuax to Section 1601(c) of the code as quoted above. The Initiating Official shall have the authority to
-3- - . _...... __ .. I- ----.-- ._-_____., , . . ..- -_.__ ---......
.. .* -- \
enforce judgments recovered in such proceedings.
SECTION 6: Any person who violates or permits the violation of any ordinance of this Township for which a civil fine or penalty is allowed, shall upon being found liable therefor in a civil enforcement proceeding, pay the fine, plus all court costs, including this Township's reasonable attorney fees. SECTION 7: Those parts of existing ordinances which provide
' for criminal fines ad other criminal penalties in contravention of Section 1601(c) of the Code as quoted above are hereby repealed and the zp2licable provisions of this ordinance ue substituted therein in order to provide lawful civil penzlties. SZCTION 8 : Those ordinances-which contain- crininal fines and other crimhal genalties- authorized by-others -enzbling legislztion permitting such criminal penalties shzll be unaffected by this crdinence and shall renaln in full force and effect . SZCT'ION 9: If eny put, section, phrase or clruse of this
ordinance shall be held to be invalid, unlawful or unenforceable, such pzrt, sectior,, @rase or clause shall be deemed deleted herefrom, and the raaining portion hereof shall sxrvive and remain in full force and effect.
SECTION 10: This Ordinance shall take effect in accordance
-4-
.. .n ...... -.
-\
by the Board of Township Supervisors in public session lawfully assembled.
TOWNSHIP OF MIDDLESEX
ATTEST: Township Supervigors
-5-
..-.7. : TOWNSHIP OF MIDDLESEX
CL7N3Z?LAND COUNTY , PENNSYLVANIA
ORDINANCE NO. Ls-97
AN ORDINANCE OF THE TOWNSHIP OF MIDDLESZX AMENDING ThT MIDDLESEX TOWNSHIP ZONING ORDIN2XCS ORIGINALLY ENACTED AS ORDINANCS NO. 3-89 ON JXTE 30, 1989 BY AMENDING THE ZONING IYQ AS PXOVIDED UNDER SECTION 3.02 OF SAID ORDINANCE TO REDUCE A PORTION OF THE RS- RESIDZNTIAL SUBURBAN ZONING DISTRICT AND TO REPLACE SAID REDUCED 2UQE.A BY VC-VILLAGE CENT= ZONING DISTRICT. BE IT m3YENACTED AND ORDAINED and it is hereby enacted by the Board or' ToSvT1ship Supervisors in and for the Township of Middlesex, Cuaberlznd County, Pe.msylvania , as follows:
SECTION 1: Ordhlznce No. 3-89 entitled Widdlesex Township Zoning Ordinance" enacted and ordained on June 30, 1989 and subsequently mended, specifically Section 3.02.A. of Article I11 thereof, is hereby mended by adding thereto the following provisions:
4. The BS-Xesidential. Suburban Zoning District as shown on tne Middlesex Township Zoning Xzg is hereby &creased by deleting therefrom all that certaix Imc?sore fully described in Pzrrqrcph 5. below, said lsnd hereby being designat25 and razonec', to be included in and added to tke VC- Villzcs Cmter District, as more fully szt forth herzirkelow.
5. The s'ollowing described land situate in the Toknshi? or' Middlesex is hereby reclassified, rezone2 and designated from RS-Residential Suburban to VC-Village Center:
BEGiLWiYG at an iron pipe, the corner of lands now or r'orzerly of Eugene Sutton; thencg by the Eastern side of a 20-foot private driveway or right-of-xay, South Twenty-eight (28) dswees Thirty (30) minutes East, a distance or' One Hundred Ninety-nine and Six tenths (199.6) feet to a stake; thence along lands now or formerly of the Harry D. Xeiser Estate, North Sixty-six (66) degrees East, a distance of Four Hundred Thirty (430) feet, more or less, to a point in the center of Letort Run; thence by the center of Letort Run by the various courses and distances, to-wit: North Szventy-Five (75) degrees Thirty (30) minutes West,. a distance of One Hundred Four and Nine tenths (104.9) feet to a point; thence South Sixty-five (65) degrees West, a distance of One Hundred Twenty-two and Four-tenths (122.4) feet to a point; thence North Fifty (50) degrees Forty- five (45) minutes West, a distance of Ninety-eight and Nine tenths (98.9) feet to a point; thence along lands now or formerly of Eugene Sutton, South Seventy-seven (77) degrees Forty-five (45) minutes West, a distance of Two Hundred Tventy- four (224) feet, more or less, to an iron pipe, the Place of BEGINNING.
CONTAINING 1.8 acres, more or less.
. SECTION 2: The Township engineer is directed to revise said Zoning Map to delineate the rezoned area and boundary line changes as adopted hereby.'
SECTION 3: Except only as amended, modified and changed herein, the Middlesex Township Zoning Ordinance as originally enacted and previously amended shall remain in all other respects in full force and effect.
SECTION 4: This Ordinance shal 1 become effective in accordance with applicable law. ERECTED AND ORDAINED this 6 day of .Drd& , 1997.
TOWNSHIP OF MIDDLESEX
n
ATTEST: Supervisors \ fldj.o/>A Townsh'. Secretary (Township Seal)
-2------__^.. -,...... --.------' '.'......
TOWNSHIP OF MIDDLESEX CITMBERLAND COUNTY, PENNSYLVANIA
ORDINANCE NO. 98-&
AN ORDINANCE OF THE: TOWNSHIP OF MIDDLESEX, CWERLAHD COUNTY, PENNSYLVANIA AMENDING ARTICLE XNOF TEE HIDDLESEX TOWNSHIP ZONING ORDINANCE TO INCLUDE REGtZATION OF ANTENNAS AM) PERSONAL WIRELESS SERVICE FACILITIES, THEIR PLACEMENT, HEIGXT, SUPPORT STRUCTURE, SAFETY AND SETBACKS, FENCING, LANDSCLDING AND OTHER REQUIREMENTS'.
BE IT KZREBY ENACTED AND ORDAINED and it is hereby enacted 'by the Board of Township Supervisors for the Township of Middlesex, Cumberland County, as follows:
SECTION 1: Article XIV, Sugplementary Regulations, of the Middlesex Tot~nshipZoning Ordinance is hereby mended to include the following:
SECTION 14.52 PEXSONAL kTRELESS SEXVICZ FACILITIZS.
Pi. PURPOSE.
The purpose of this Section is as follows:
1. To acc=mno2zte the nee6 fo.r personzl wireless service facilities 2nd antznnas while regulating their location and nu;Jber in the Township of Middlesex.
2. To minimize adverse visual impact and effects of personal wireless service facilities, antennas and antenns support structures throligh proger design, siting, and vegetative screening.
3. To avoid potential damage to adjacent properties from antenna support structure failure and falling ice and
debris through engineering and proper siting of antenna support structures. . . --- ._..------. __.... -
4. To encourage the joint use of any antenna support
structures to reduce the number of such structures
needed in the future.
3. To ensure that the location and number of personal wireless facilities are in the best interest of the
health, safety and welfare of the residents of the Townshi? of Middlesex.
6. To minimize any adverse effects of location addesign of personal wireless facilities and antennas on residential property values.
B . DEFIMTTIONS. The following words and phrases when used in &this Ordinance shill hzve the meaning given to them .in this Section unless the content clearly indicates otherwise: lfAntennall: any structure or device used to collect or radiate electromaqnetic mves, incluc?ing both directional antemas (such as panels) and omnidirectional antennas (such as whips) but not including satellite earth stations. llAlternative Tower Structuref1: man-made trees, clock towers, tall steeples, light poles, and similar alternative design mounting structures that camouflage or conceal the presance of antennas of towers.
IlAntenna Height": the vertical distance measured frcm the base of the antenna sugporc structure at grade to the highest point of the structure including any antenna, if the antenna exceeds the height of the support structure. If the supgort structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. "Antenna Support Structuref1: any pole, monopole, telescoging mast, tower, tripod, or any other structure which sup?orts a device used in the transiidtting or receiving of radio frecpency energy. ffBozrdfl: the Zoning Hearing Board of Middlesex Township, Cumberland County, Pennsylvania.
-2- IfComnercial Mobill, Service": any mobile service (as defined in Section 153 of the Federal Communicztions Act of 1934, as amended) that is grovided for profit and makes interconnected service available (a) to public or (b) to such classes of eligible users as to be effectively available to a substantial portion of the public. It includes, but is not limited to, personal communications services (PCS) , cellular radiotelephone service, paging and Specialized Mobile Radio Se-rvice (SlSS) . ' llCoIIuI1onCarrier": any person engaged as a common carrier for hire, in interstztt or foreign communications by wire or radio, or in interstate or foreign radio transmission of energy, but a person engaged in radio broadcasting shall not, insofar as such person is so engzged, be deemed a common carrier. llExchangeAccessff : *&e offering of access to telephone exchange .services or fzcilities for the purpose of the originator or terminator of teleshone toll services. lfMonopolefl: an anttrma support structure consisting of a single pole or spire cors-acted without guy wires or ground anchor. "Personal Wireless Strvices" : include comercia1 mobile services, unlicssec! wireless services , common carrier wireless exchange access scvices and any wireless service not provided or utilized for profit. "Personal Wireless Service Facilities**: fzcilities, antennas, rnonogoles, supgcrt structiies, structures, equipment and/or apFurtenances r'cr the prcvision of persanal wireless se-rvices. "Personal Wireless Sitsr*: a tract or parcel or' land tkat contains a persoiial virt7ess service antenna as the principal us2, its support strilcture, accessory buildings (s), parking, and may include othir uszs and equipment associated with and ancillary to ttlecmiaunication signal transsission or grocessing. "Tall Structur'": any mamade object having a fixed, stationary location on land vhkh exceeds 25 feet in heignt, but excluding any building or structure utilized for residential purgoses. I1Townshipl1: the Townshi:, of Middlesex, Cuiiiiberland County, PEnnsylvania. "Unlicensed Wirsless Servicer1: the offering of telecommunication . services using duly authorized devices which do not require individual licer.ses, but does not mean the provision of direct exchange satellits services.
-3- ...... -. ._-_,__ -----..__ ...... _. .__ ~ ...... - -- -..
C. USE REGULATIONS.
1. A personal wireless service facility is pemittgd in the IG Industrial General D istrict as a special exception use. Such a facility with antenna may be permitted by special exception subject to the requirements of this Ordinance in other zoning districts only if the applicant can present reliable and credible technological evidence that the personal wireless facility and antenna must go in that zoning district and can only go in said zoning district: in order to satisfy its function in the grid systesl and provide the quality of service as required by lzw. In all czses, the Board may grant a special exception use after review and recommendation of the Planning Conmission and a public hearing before the BozrCi. All anplicants are encouraged to utilize existing antennz sup;ort structures and pre-existing personal wireless senice facilities as well as smokestzcks, water towers or other existing tall structures uson which to attach antennas. Whether or not an znttnna is proposed to be mounted on an existing structurz, a full site plan is required by all applicants requesting a special exception in accordance with C. 2. (a), below. 2. All applicants must establish the following: (a) That there is not suitable space on existing personal wireless service facilities or other
-4- . . , , .._ .--- .... _- . - ..------..__. -. .. % ..
personal wireless service facility sites or on other sufficient tall structures where the intended personal wireless service facility can be accommodated and function as required by its construction permit or license without unreasonable modification.
(b) For applicants seeking to locate facilities or antenna out of the IG Industrial General District, presenting credible technological evidence that the personal wireless facility must go where it is proposed in order to satisfy its function in the grid system and provide the quality of service required by law. For purposes of. ,this provision, evidence describing the system design and a11 desip options considered shall be gresanttd.
(c) If the applicant proposes to build an antenna su~portstructure (as opposed to mounting &&e antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one (1) mile radius or' the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings,
-5- ..
antenna support structures of other telecommunications companies, other
communications towers (fire, police, etc. ) , and other tall structures. The Board may deny any application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
A full site plan which shall include:
(1) Written authorization from the property
OWLS of the proposed antenna supgort stxucture site. A site plan: (a) Drawn to scale of not..siaaller than 100 feet to one inch;
Showing the property boundzies ;
(c) Showing any tower guy wire anchors and' other apparatus; I (d) Existing and proposed structures; (e) Scaled elevation view; Access road(s) , location, surface material and design standards in accordance with the Middlesex Township Subdivision and Land Development Ordinance; (9) Parking area;
(h) Fences; (i) Location and content of any signs; Exterior lighting specifications;
-6- (k) Landscaping plan; (I) Land elevation contours not greater than intervals of five (5) feet; (m) Existing land uses surrounding the site; (n) Probosed transmission building and/or other accessory uses with details indicating: (i) Elevations ; (ii) Proposed use.
(3) A written report including: (a) Inforination describing the tower height and design;
(b) A cross-section of the structure; (c) Engineering specifications detailing construction of tower, base, and guy wire anchorage; (d) Inforsztion .describing the progosed psinting and lighting schemes ;
(e) Infornation describing the tovP"s capzcity, including the number 2nd type or' antennas that it can ccconncdate; (f) Radio frequency coverage; (9) All tower structure information to be certified by a licensed professional engineer; (h) Personal wireless service facilities data to be certified by an engineer learned in personal wireless service facilities; (i) Evidence of the tower or structure's structural integrity and the total anticipated capacity of the structure; and (j) Information discussing unavailability of other existing antenna support
-7- structures located within a two (2) mile radius of the proposed site for one or nore of the following reasons: Refusal by current tower owner; Topographic limitations; Adjacent impediments blocking transmission; Site limitations to tower construction; Technical limitations of the system; Equipment exceeds structural cagacity of facility or tower; No space on existing facility or tower; Other limiting factors rendering existing facilities or towers unusable; An update of capacity on an existing tower.
Written certification by the agGlicant that written notification has betn given
And received by all pr0pe-t-7- v 0Giners adjoining the lot where the proposed antenna, facility and/or tower is proposed to be located. Written confirnation that the electro- magnetic fields and radio frequency interferences comply with Federal Communication Commission regulations concerning such emissions together with
-8- .... 5 t
a copy of the current regulations, as well as an estimated Nonionizing
Electromagnetic Radiation (NIELP) lev21 from the proposed antennas, when added
to existing levels, that does not exceed applicable federal standards.
(6) A "zone of visibility map1* provided to dete-mine locations where the tower, antenna or facility may be seen as well
as "before and after" pictorial representations setting forth views from
key viewpoints within the Township.
3. All other uses ancillary to the antenna and associated equipment (including a business office,
maintenznce depot, . vehicle storage, (etc. ) ) zre prohibited from the personal wireless sits unless
othemise pe-nitted in the zoning district in
which the site is located.
p. STANDARDS OF EXOVAL OF P-LL PmsoNaL WIRELESS S~JICS FACILITIES.
1. Antenna height. The applicant snall 2emonstratt that the anttnna is the minimum height required to function
satisfactorily. No antenna that is taller than this minimum height shall be approved. 2. Setbacks from base of antenna support structure and accessory structure setbacks. The minimum distances
-9- .----.-.. .. .,. ~ _--.---. -_ .-.. -.
between the base of the antenna support structure or any guy-wire anchors and any property line or right-of-
way linP- shall be equal to the antenna heignt. P.11 progosed accessory structures and buildings incidental to tho- special exception use shall be subject to the setback rewirements of the zoning district in which the antenna support structure is or will be located.
3. Antenna support structure safety. The applicant shall
dernonstrzte that the proposed antenna and support structure are safe and the surrounding areas will not be neTztively affected by support structure failure, falling ice, or o'&er debris. The apGlicant shall also denonstrate compliance with guidelines reconnended by
the Aiiierican Natianal ~ Standard Institute- (MSI)
(PJvSi/IZ~ECss-l-r992) and that .all support s&acturl-s shzll 5e fitted with anti-climbing devices, ss approved by the izanufactures .
4. Fencir.5. A fence shall be required around the antenna supgorc structure, accessory building(s), and other equipnext unless the antenna is mounted on an existing
strtlctur=. The fence shall be a minimum of six (6)
feet in height and a maximum of (8) feet in height,
shall completely enclose the antenna, support structure, and related facilities, shall not contain
openings greater than nine (9) square inches and shall
contain, at all entrances, gates which shall be locked
-10- . - ' .------.___.. .. . _. . .~ .-..----
except during such times as the site is manned by authorized operations or maintenance personnel.
5. Landscaping. The following landscaping shall be
required to screen as much of the support structure as possible, the fence surrounding the support structure,
and any other ground-level features (such as a
building), and in general soften the appea-ance of the personal wireless service facility site. The Board may permit any combination of existing vegetation, topogragny, walls, decorative fences, or other fectures instead of landscaping if they achieve the same decjree
of screening as the required landscaping. If the antenna is mounted on an existing structure and other
equipment is housed .-inside,.an existing structure, landscaging shall not be required.
(a) An eveqreen screen snzll be required to surround the site. The screen can be either a hed9.e (planted three (3) feet on center
maxim~n] or a row of evergreen trees [planted
ten (IO) feet on center maximum]. The evergreo,n screen shall be a minimum height of
six (6) feet at planting and shall grow to a
miniiaun of fifteen (15) feet at maturity. (b) In addition, existing vegetation on and around the site shall be preserved to the gresltest extent possible.
-11- _. . . . - .. , ... . ._ -----__ _. -..-.- -...... '-.
6. In order to reduce the number of antenna suppoe structures in the Township of Middlesex in the future, the proposed support structure shall be required to acconmodite at least three (3) other users, including other personal wireless service companies, and local police, fire, and ambulance companies.
7. The applicant must demonstrate that it is licensed by the Federal Communications Comxni'ssion.
8. Required parking. If the personal wireless sit= is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of recuired parking spaces shall equal the nuder of pecgle on site at the largest sSift.
9. Antenna support s*,ructures- shall -berpaintodor colored in a ma.mer that best allows it to blend into its surroundings and to minimize, to the greatest extent possible, the degree of visual impact. No antema supgort structure may be artificially lighted except when require6 by the FAA.
10. Personal wireless service facilities shall result in a minim1 visuzl inpzct for those residents in th2 immediate area and for those in the larger cornsunity who view these facilities from a distance. (a) Mininal visual impact shall include: (i) A facility sited so that the tower(s) and/or accompanying structure(s) is
-12- ..-. .. .
screened from view from off of the subject property by vegetation or
landform to the maximum extent practicable and reasonable. (ii) A facility where all broadcast equipment is contained within a building, the size, character, and location of which is pe-mitted by the underlying zone district. It is acknowledged that large, multi-use
towers located within major use transmission
zreas cannot be effectively screened. In order to minimize the visual imgact, such new facilities should- be located in close proxinity to..other comparable, structures. Accompanying buildings, groundiitounted antl-mas, and other equipment and structures
are subject to screening requirements as set
forth in this Section. The visual impact of the personal wireless service facilities shall be compatible with the aesthetic character of the surrounding area. FAA requirements for coloring and lighting of towers must be considered in looking at visual impact.
-13------__...... -. , . ....-- --... I --.. -. ,.
(e) If an antenna is installed on a structure other than a tower, the antenna and sugporting electrical and mechanical
equipment must be of a neutral color that is
identical to, or closely compatible with, the
color of the supporting structure so as to mdke the antenna and related equipment as
visually unobtrusive as possible.
11. No personal wireless service facilities may be located within one-eighth (1/8) of a mile from any residential dwelling.
12. Any obsolete or unused antennas, antenna suggort structure, personal wireless se-nice facility and/or
any related or associatea: eqipment :shall be removed at the omer's expense within four months of discontinuance of use. The owner or user shall provide
the Tcwnship with a copy of the notice to the FCC of
intent to ceas2 operations. Within ten (10) days of the owner or us~rceasing the use or operation of any antenna, simpart structure site or facility, written
notice tSereof shall be provided to the Township.
13. The applicant or owner shall establish, as a condition of approval of any application, a maintenance and
perforsance bond in favor of the Township in an amount
sufficient to cover the installation, maintenance, construction and removal of the antenna, antenna
-14- .... .
-. .I..
support structure and accessory structures or buildings during its/their lifetime and/or its/their destruction
or discontinuance of use. The amount required shall be deterinined by the Township based upon the Characteristics of the antenna, support structure and
accessory structures or buildings. Upon obtzining approval sub] ect to this condition, the applicant shall submit to the Township in writing an itemized listing of estbnated costs from a professional engineo-r in support of an mount proposed for such maintenace and -
perfomance bond for the Township's review and apgroval. Further, the applicant or omer at appllctnt's or owner's expense shall .obtain and maintain public
liability insuz-ance in the minimus amount or' $1,000,000 for loss fros accident resulting in bodily injury to or death or' a person (each occurrence) and damzse to or 'destruction of property (each occurrence) . The apglicant or omer shall provida evidence of insurance no less than annually to the Township.
The apglicant and/or owner shall enter into a
Gritten agreenent with the Township, in recordable
fom, indemifying and holding harmless the Eoard, the
Township or' Middlesex, its menbers, officers, agents,
employees, consultants and appointees of and. from any and all claims, damages, losses, injuries, causes of
-15- ...-- .. .
action of any kind, attorney's fees and expenses arising from or in any way related to applicant's or owner's use and/or operation of any personal wireless service facility, personal wireless site and/or
antenna.
14. No poeion of any antenna or antenna support structure shall be used for a sign or other advertising purpose, including, but not limited to, company name and telephone number; and no banners, streamers or any other objects or items not essential to the function or support of the antenna or ante-ma support structure shall be attzched to or displayed from sane.
IS. The apglicant shall provide the Townshig within sixty (60) deys of completion of :rinitial,.constraction at! any addition21 construction, two (2) complete sets of plans, &-awn to scale and certified to the Totmshig of Midtilessx as accurztely depicting the location of the personzl wireless services facilities constzucc&.
16. Lot re@rements. The lot width, lot area, yzrd and buildinq setback reqirements for each personal
wireless site or facility shall be those requirenents for principal non-residential building or structures as specified in the Middlesex Township Zoning Ordinance
for the zoning district in which the site or facility
is progosed to be located as modified, where necessary, to meet the setback requirements of this Ordinance set
-16- .. .
forth in Section 14.52D.2, above.
17. Continuing nzintenance and compliance. A11 personal
wireless se-mice facilities shall be opera' Led and
maintained ta ensure continuing com~liancewith all
terms, conditions and requirements of this Ordinance
and any approval received from the Board.
18. Site construction fencing. Temporary fencing shall be erected, which fencing shall be at least four (4) feet in height znd not contain openings greater than nine
(9) squzre inches, completely enclosing any area or access of the personal wireless site when cons'-mction or erection of any part or portion of the personal wireless facility occurs. Such temporary fencing shall remain until such time -2s-the perinanent rfaccinq specifiect, in Section 14.52D.4 is erected.
19, The Board shall hear and decide applications for special excescions under this Section in accordance
vith the staxtzrds, criteria and procedues set foe& in Section 17.07 of this Ordinance. In grznting a special exce?cion, the Board may attach scch reasonable conditions ane safeguards, in addition to &hose set forth in Article XVII, as it may deen necessary to
implenent the purposes of this Ordinance and the Pennsylvania Municipalities Planning Code.
-17- SECTION 2:
Article V, Section 5.02 E and Article VI, Section 6.02 H of the Middlesex Totinship Zoning Ordinance are each hereby mended to provide as follows: Municipal and public utility buildings and strrrctures where operational requirements necessitate locating within the district ._
SECTION 3:
Article XII, Section 12.05 of the Middlesex Township Zoning Ordinance is hereSy amended to include the following: E. Personal wireless service facilities (See Section 14.52) .
SECTION 4:
The provisions of this Ordinance shall be severable, and if
any of its provisions shall,be held I to.be unconstitutional, illegal or otherwise invalid, that decision shall not affect "&e validity of any or' the remaining provisions of this Ordinace. It is declared to be the legislative intention that this Ordinance would hzve been enacted had the unconstitutiontl, illegal or otherdise invalid provisions not besn included in this Ordinance. All prior ordinances or provisions thereof inconsistent with the provisions set forth herein are hereby reFea1 ed .
SECTION 5: This Ordinance shall become effective in accordance with existing law.
-18- ENACTED AND ORDAINED THIS y -ih DAY OF fl ARCH , 1998.
TOWNSHIP OF MIDDLESEX .
ad,’ Boarddot To Supervisors ATTEST :
(Seal)
-19- --..- I
TOWNSHIP OF MIDDLESEX
CLX3ZWD COUNTY, PENNSYLVANIA
OIDINZLNCE NO. 3 -98
AN ORDINPiNCZ OF TXE TOWNSHI? OF MIDDLESEX AXENDING TEZ MIDDLESEX TOWNSHIP ZONING OXDINANCZ OXGINALLY ENACTED AS ORDINANCE NO. 3-89 ON TuTZ 30, 1989 BY A"DING THE ZONING KaJ AS PROVIDED UNDER SECTION 3.02 OF SAID ORDINPNCI: TO REDUCE A PORTION OF THE RF- RESIDENTI-X, F-W ZONING DISTRICT AND TO REPLACE SAID ,EDUCED AREA BY VC-VILLAGE CZNTS ZONING DISTRICT.
BE IT HERZBY L"II,CTF,D AND ORDAINED and it is hereby enacted by the Board of To;;;lshi~ Supervisors in and for the Township of Middlesex, Cunberland County, Pennsylvania, as follows:
SECTION 1: Ordinmce No. 3-89 entitlei tfMiddlesex Township Zoning Ordinancett enzcttd and ordsined on June 30, 1989 and subsequently mended, sgecifically Section 3.02.A. of Jzticle I11 thereof, is hersby uex2ed by adding thereto the following provisions :
6. The XF-Zesidsntial Faria Zoning District es shown on tke Middlesex Township Zoning Map is here5y decreased by deleting therefron all that ceztain land noze fully described in Parzgrzpn 7, below, said lar.6 htreby being desipaced and rezoned to be include& in and added to the VC-Villaqe Center District, 2s iilore fully set forth hereinbelow.
7. The followizg described lznd situate in tke Township of Xiddlesex is hereby reclassified, rezone& and essignated from RF-Xesidentiel Fen to VC-Villa9.e Ctnter:
EIEGINNING at a point in the center of Wolfs aridge Road, which ?oint is on the norchern bour&ry line of the rigkc-of-way of the Pennsylvania Tuxpike, thence proceeding in 2 clockwise direction as follows: fzsm the af orenentioned point, Scuth 71 degrees 37 zinutes West a distznce of 575.71 feet (along the northern bounezry line of the right-of- way of the Pennsylvania Turnpike) to a point; thence Noxh 6 degrees, 33 minutes, 45 seccnds West a distmce of 613 feet to a point; thence North 86 dezzees, IS minutes East a distance of 569.15 fest to a point; thence North 11 degrees, 52 minutes, 49 seconds West a distance of 180.84 . -..------..
feet to a point; thence North 84 degrees, 8 minutes, 28 seconds East 267.33 feet to a point in the center of Wolfs Bridge Road; thence South 16 deGrees, 58 minutes, 26 seconds East a distancs of 194.00 feet to a point in the center of Wolfs Bridge Road; thence South 17 degrees, 30 minutes Easz a distance of 389 feet to a point in the center of Wolfs Bridge Road, the place of BEGINNING. Containing approximately 11.4 acres. BZC-INNING at a point in the center of Wolfs Bridge Road, which point is approximately 415.4 feet from the point of Beginning of the above described tract or area; thence North from the aforementioned point along the center line of Wolfs Bridge Road a distance of 353 feet to a point on the center line of Wolfs Bridge Road; thence North 85 degrees, 27 minutes, 14 seconds East a distance of 280.74 feet to a point; thence South 5 de’jrees, 53 minutes, 40 seconds East 2 distance of 340 feet to a point; thence South 84 desres West 235.65 feet to a point on the cen’ter line of Wolfs Bridge Road, the place of the BEGI-WING. Containing aggroximattly 2 acres.
BEGINNING at a point in the center of Wolfs Bridge Reed, ~hichpoint is on the northrn bounder- line or‘ th= right-of-hay of the Pennsylvania TumpLka, tSence North along the center line of Wolfs Bridge Xo~da Cistance of 325 feet to a point; tkence h a easttrly diracion along the southern boundzry lize of a sixcy foot right-of-way or streer c~mozlyknown as Gasoline Alley a distance of 1,176 fe== to a point; tbence in a southerly dirtcticn along the Western line or’ lands now or fcxierly of Carl AndersGn a distcnce of 325 feet cLO a poinr on the northern boundary line of t!!e ri5ht or’ way of the Pennsylvania Turngike; Ziezce in a wescerly direction along the northern boilnda,-y line of said right-of-way a distance 05 1,134 fe=t to B point in the cencer line or’ Wolfs Bridge Razd, the place of BEGINNING. Containir?: apxoxixcely 7.6 acres.
SECTION 2: The Township engineer is directed to revise said Zoning Map to delineate the rezoned area and boundary line changes as adoptcd hereby.
.. SECTION 3: Excegt only as amended, modified and changed herein, the Middlesex Township Zoning Ordinance as originally enacted and previously amende? sSall remain in all other respects in full force and effect. -2 - 25
SECTION 4 : This Ordinance shall become effective in accordance with applicable law. ERECTED AND ORDAINED this 4 day of b& , 1998.
TOWNSHIP OF MIDDLESEX
ATTEST : Supervisors \ ',
' dl, A Townqhip Se
(Townsnip Seal)
-3- TOWNSHIP OF MIDDLESEX CL7743E2LAND COUNTY , PENNSYLVANIA ORDINANCE NO. 8-98
$21 02DINJJiCE MYENDING ARTICLE I1 (DEFINITIONS) , A-YTICLE X (C3 - COMMERCIAL KIG'XWAY DISTRICTS), AqTICLE XI (LI - LIGHT INDUSTRIAL DISTRICTS) LVD F2.TICLE XI1 (IG - INDUSTRIAL GENERAL DISTRICTS) OF TEE MIDDLESEX TOWNSXIP ZONING ORDINANCE.
BE IT EZE3Y ENACTED AND ORDAINED and it is hereby enacted by the Board of Townshi? Supervisors in and for the Tomship of Middlesex, Cumberland County, Pennsylvania:
' Section 1: F.,rticle 11, Section 2.03 of the Middlesex Township Zoning Ordinance is hereby amended to include the following additional and/or azended definitions:
Combination: Two or more vehicles physically inttrconnected in tanaen.
Distribution Center: A structure used for the rscci?t, storage and distribution of goods, products, car~aand materials, characterized by the breakdown of large orders from a single sourc2 into smaller orders or ccsyrients . and/or the consolidation of several orders or cozpnents into a larger order or component for distribution to one or more recigients.
Industrkl Use: Light Industrial Use: USES whic?. are characrsrized by us2 of large sites, attractive baildings and inoffexive processes, and which are compatikll- with neighboring residential uses.
Truck: A motor vehicle or a combination of vehicles having a gross vehicle weight rating or gross combinaticn weight rating in exc2ss or' 26,000 pounds primarily desiczec', to carry cargo, freight, goods or material. For pUi;CSeS Of this definition, the gross vehicle weight rating shall be the value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle and the gross combination weight rating shll be the value specified by the manufacturer as the load wsiqht of a combination.
Truck Reoair And Service Facilitv: A structure utilized for purposes of providing repair, service, rental, lersing, inspecZion and/or washing of trucks. Such a USE? ;;lay include, but need not include as an accessory uss, the sale of lubricants, tires, batteries, motor fuel and ozher petroleum products, truck accessories and equipnex.it. -. ' ...--I..-_,.._ _... ..
Truck Terninzl: An area or structure where trucks load and unload goods, products, cargo, materials and/or freight and where the same nay be broken down or aggrcgated into smaller or larger loads for transfer to other motor vehicles or modes of transportation or to other points or junctions.
Warehouse: A structure used for the storage of goods. Warehouslnc: The use of a structure for the storage of goods. Such a use specifically excludes distribution center and truck taminal uses and activities.
WholesaLlna: A use characterized by the sale of merchandise to retzilers, to industrial, commercial, institutional or professional business uses or to other wholesalers. Such a use includes the agents or brokers buying merchandise or selling merchandise to such individuals or companies.
Section 2: Article X (CH - COMMERCIAL HiGiiWAY DISTRICTS), Section 10.03.6. and 10.03 .H. of the Middlesex Township Zoning Ordinance are hereby anended to provide +s follows: E. Vehicle sales and services, such as service stations, re?zir garages, new and us& car deilers, and automotive supplies, subject to the rqxirenents of Section 14-46. Vehicle Sales and Semicos s2ecif ically excludes -truck repair and sarvice fzcilities.
H. Motor vehicle, nobile home, trailer, camging, boat, consxuction or farm equipment sales and ssrvicits, buc specifically excluding truck re;air . and sezvics facilities.
Section 3: Article XI (LI - LIGHT INDUSTXAL DISTRICTS) of the Middlesex Toms'irip Zoning Ordinance is hereby amended to provide in its entirety as follows: AXTICLE: XI LI - LiG'rfT INDVSTRIAL DISTRICTS SECTION 11.01 - INTENDED PURPOSE. The LI Light Industrial District is designed to permit and encourage appropriate sites to be used for limited industry. Such limited industries are characterized by us2s of large sites, attractive buildings and inoffensive processes. Such districts are further intended to encourage the harnonious and appropriate physical development of the Township by providing gradual transitions between adjacent land uses.. To these ends, the light industrial districts are
-2- --.-.___ .* -. intended to discmrage and minimize air and water pollution, noise, glare, hezt, vibration, fire and safety hazards and other detriments to tk environment. All uses in the LI District shall comply with the following regulations: SECTION 11.02 - USE STAXDMDS. Uses permitted in the (LI) Light Industrial District shall be subject to the following conditions:
A. All access roads or driveways shall be located not less than one hundred (100) feet from the intersection of any street right-of-way lines, and shall be designed in a manner conducive to safe ingress and egress.
B. Parking, loading, or service areas used by motor vehicles shall be physically separated from all streets by a suitable barrier against unchanneled motor vehicle access or egress. The roads, driveways, parking areas and walks shall be paved and maintain& in good condition. No parking area shall be located within 35 feet of the front lot line or within 20 feet of a side or rear lot line.
C. Illuaination. Any illumination or floodlightins shall be arranged so there will be no direct or indirect glare on any lot zoned fcr resi6ential use or used for residential purposes.
D. All permitto2 uses and all storage accessory thereto except parking and loading areas and public utility structures, shall be con&x=sd within completely enclosed buildings.
E. Along each prccerty line which faces a residential district or lot in rnsidential use, the owner shall be required to maincain a buffer strip ten (10) feet wide upon which shall be planted a hedge, evergreen shrubbery or suitable vegetation to provide appropriate screening against, among other thinss, noise, glare, fumes, dust, and other harmful ef facts. F. Landscapincj. The entire lot shall be suitably landscaped (except for those areas which are covered by buildings or surfaced as parking or service areas). All landscaping shall be pro_=erlymaintained through the life of any use on any lot.
G. Additional cmditions.and safeguards as the Supervisors may inpose in order to protect and promote the health and safety and general welfare of the community and the charactsr of the neighborhood in which the proposed use is to be erected. H. No use in tSe Light Industrial District shall: -3 - .- -... 1. Cause dust, snoke, fumes, gas or offensive odors to be disseminatsd beyond the boundaries of the lot.
2. Cause vibration beyond the boundaries of the lot.
3. Cause noise exceeding that of street traffic at the front lot line.
SECTION 11.03 - PEXXITTED USES. In a (LI) Light Industrial District, no building or premises shall be used and no building shall be erected, which is arranged, intended or designed to be used in whole or in part, for any purpose except those listed below, and a11 such uses listed below shall be subject to Land Development Plan approval process in accordance with the Middlesex Township Subdivision and Land Development Ordinance ai those regulations specified elsewhere in this Ordinance.
1. Agricultuial, food and kindred products, but not including rendering, slaughtering or tanning plants.
2. Furniture and fixtures.
3. Printing, publishing and allied industries.
4. Phariaacextical, medicinal , drug and biological products.
5. Textile nil1 and apparel,.products.
6. Professionzl, scientific and controlling instruments; photoqraphic and optical goods. '
7. Cznvas products made of purchased canvas.
8. Fabricatsd metal products and metal working.
9. Woodnorkins, cabinets and handicraft products.
I' 10. ilectronics and snall parts assembly.
11. Self-storage units for public rental.
12. Laundries, laundry services and cleaning plants.
13. Municipal and public utility buildings, structures and yards, trettnent plants and pump stations, heating and electric power generation plants.
-4- .------.. -.-. SECTION 11.04 - ACCESSORY USES. The fallowing custoaary accessory uses and buildings incidental to any pernitted uses shall be permitted:
A. Uses and structures which are customarily associated with the pernitttd uses such as storage buildings, yards, gardens, play areas and parking areas.
B. Signs, 1s provided in Article XIV of this Ordinance.
SECTION 11.05 - SPECIAL EXCEPTION USES. The following uses and activities may be pe-rnitted by Special exception upon approval of the Zoning Hearing Board after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements specified in ‘Articles XIV and XViII and elsewhere in this Ordinance.
A. Uses which, as deternined by the Zoning Hearing Board, are of the s~negeneral character as those Listed as pe-qitted uses and which will not be detrimental to the intended purposes of these districts.
B. Dwellings accessory and incidental to the principel use only for occupar,~:~of bona fidesaretakers or watchmen 2nd their families-
SECTION 11.06 - XGEI3ITED USES. The following uses are expressly pronijite? in the (LI) Light Industrial District:
A. Residences, except as set forth in Section ll.OS.B. above.
. B. All uses that do not meet the requirements of the Perfornance Standards in Article XIV.
C. Uses of an industrial nature such as those that are permitted in the IG Industrial District, which are not enumerated permitted uses in the LI Light Industrial District.
SECTION 11.07 - LOT 42E.1, BUILDING HEIGHT AND YARD REQUI3EYENTS. A. Lot Reauire3ents. Lot width, lot area, yard and building setback of not less than the dimensions shown on the following table shall be provided for every dwelling unit and/or principal non-residential buildins’- or structure hereafter ericted or altered for any use pemitted in this district.
-5- .------.---_ _. ..
4J
B. Imoervious Area. The aaximum.-impervious .area pe-nitted on any lor is sixq percent (60%) of the total lot area.
C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirement.
SECTION 11.08 - MINIXGM OFF-STREET PARXING REQUI3LYZNTS. Off- street parking shall be provided for in accordance with Section 14.10 of this Ordinance.
SZCTION 11.09 - MZNIXL! OFF-STREET LOADING AND UNLOADING REQUIREMENTS. Off-strset loading and unloading facilities shall be provided for in accordance with Section 14.11 of this Ordinance.
SECTION 4 : ARTICLE XI1 (IG - INDUSTRIAL GENERAL DISTRICTS) Of the Middlesex Townsdip Zoning Ordinance is hereby amended to provide in its entirety as follows:
-6- . ._-__ -- .. .. .* ..
-.*'
AF.TICLZ XI1 IG - I!IDUSTZIAL CENZZiL DISTRICTS
SECTION 12.01 - INTZNDZD PURPOSE. The IG Industrial General District is designed to perinit and encourage general industrial development that will be so located and designed so as to constitute harmonious and appropriate development; to identify and consolidate locations of industrially-related land uses which, because of their shipping, storage and other requirements, exert special demands on the Township; to provide for general industrial and manufzcturing uses that are not offensive in terms of excessive dust, smoke, fumes, glare, noise or other nuisances beyond the normal processing, fabricating or assembling of products; and to contrijute to the soundness of the economic base of the Township. These regulations are designed to stabilize and 'protect the essential characteristics of the district by excluding uses which would have a detrimental effect upn the orderly development and function of the district.
All uses in the IG Diszrict shall comply with the following regulations:
SECTION 12.02 - ESE STANDARDS. Uses pe-mitted in the (IG) Industrial General District shall .be subject to the following conditions :
A. A11 accass roads OLT driveways shall be located not less than one hundred (100) ftzt from the intersection of any street riGht-of-way lines, 2nd shall be designed in a manner conducive to safe ingress and egress.
B. Parking, loading, cr service areas used by motcr vehicles shall be pnysically sepzrated from all streets by a suitable
barrier a gains= unchanneled motor vehicle access or egress. , The roads, driveways, parking areas, storage arezs and walks shall be paved ana maintained in good condition. No parking area snall be located within 35 feet of the front lot line or within 20 feet or' a side or rear lot line.
C. Illunination. Any illunination or floodlighting shall be arranged so there will be no direct or indirect glare on any lot toned for residential use or used for residential purposes.
All permitted uses and all storage accessory thereto except parking and loading areas, public utility structures and accessory storage customarily conducted outdoors shall be conducced within conpletely enclosed buildings.
-7- .. ..-.--_---..-- .-.. ._ ...... -..'
E. Along ezch property line which faces a residential district or lot in residential use, the owner shall be required to . maintain a buffer strip ten (10) fe5t wide upon which shall be plantzd a hedge, evergreen shrubbery or suitable vegeta-iion to provide appropriate screening against, among other things, noise, glare, fumes, dust, and other harmful effects.
F. Landsczping. The entire lot shall be suitably landscaped (except for those areas which are covered by buildings or surfaced as parking or service areas). All landscaping shall be properly maintained through the life of any use on any lot.
G. Additional conditions and safeguards as the Supe-rvisors may impose in order to protect and promote the health and safety and general welfare of the community and the character of . the neighborhood in which the proposed use is to be erected. H. No use in the Industrial General District shall: 1. Cause dust, ssoke, fumes, gas or offensive odors to be disseminated beyond the boundaries of the lot.
2. Cacse vibration beyond the boundaries of the lot.
3. Canse noise exceeding :.that-of ..street :traffic at the front lot line.
SECTION 12.03 - 03?bYITTED USES. In the (IG) Industrial General District, no building or premises shall be used and no building shall be erecs5, which is arranged, intended or designed to be used in who12 or in part, for any purpose except those listed below, and all such uses listed below shall be subject to Land Development Plan approval' process in accordance with the Middlesex Township Subdivision and Land Development Ordinance ar id those regulations s9ecified elsewhere in this Ordinance.
1. A9ricultura1, food and kindred products, but not including rendering, slaughtering or tanning plznts.
2. iurniture and fixtures.
3. Printing, publishing and allied industries.
4. Pharxaceutical, medicinal, drug and biological products.
-8- .-.- ..-__---_. .. . .( .. -...
5. Tezrcile mill and apparel products.
6. Professional, scientific and controlling ixstruments; photographic and opcical goods.
7. Cznvas products made of purchased canvas.
8. Fabricated metal products and metal working.
9. woodworking, cabinets and handicraft products.
10. Electronics and small parts assembly.
11. Truck terminals.
12. Wzrehousing and wholesaling.
13. Laundries, laundry services and cleaning plants.
14. ?uSlic utility buildings, structures and yards, trsatrnent plants and pump stations, heating and eI=c=ric power generation plants.
15. Research, design and development laboratories.
16. Truck repair and .service facili’’Lies. 17. Distribution centers.
SECTION 12.04 - ACCESSORY USES. The following cr?sconary accessory uses and buildings incidental . to any pernittcc! ~sesshall be permitted:
A. Uses and structures which are customarily associated with the permitted uses sucn as storage buildings, outdoor storage arers, yards, gardens, play areas and parking areas.
B. Signs, as provided in Article XIV of this Ordinance.
SECTION 12.05 - S?ZCIAL EXCEPTION USES. The following uses and activities may be permitted by Special Exception upon approval of the Zoning Hearing aoard after a public hearing and recommendation by the Planning Commission. Uses by Special Exception shall be subject to the requirements specified in Articles XIV and XVIII and elsewhere in this Ordinance.
-9- .-. ... ------.-. .. -..
A. Uses which, as detirmined by the Zoning Hearing Board, are of the same general character as those listed 2s permitted uses and which will not be detrimental to the intended purposes of these districts.
B. Junk yzrds used fcr storage, Wrecking and converting used or discarded materials, provided that such use is completely enclosed within a wall or fence of not less than eight (8) feet in height. c. Dwellings accessory and incidental to the principal use only for occupancy of bona fide caretakers or watchnen and their f ainilies.
D. Adult aook Stores and Adult Theaters (See Section 14.50).
SECTION 12.06 - PROHIBITED USES. The following uses are expressly prohibited in the (IG) Industrial General District:
A. Residences, except as set forth in Section 12.05.C. above. B. All uses that do not meet the requirements of the Perf ornance Standzrds in Section 14.18.
C. Uses of a heavy industrial nature which:.constitute a fire or explosion hazard.
SECTION 12.07 - LOT ARZ.7, BUILDING HZIGXT AND YARD RSQUIXZHENTS. A. Lot Recuirtaents. Lot width, lot area, yard and building setback of not less than the dimensions shown or, the following table shall be provided for every dwelling unit and/or principal non-residential building or strccture hereaftir P-rscted or altered for any use permitted in this
-10- district: - LOT REQUIREMENTS YARD REQQUIRE.hENTS "EIGHT RQhlNrS.
USE MIN. LOT MIN. LOT Mhx. LOT ONE TOTAL AREA fSQ.Fr.) WIDTH COVEIUGE % FRONT SIDE. SIDES RMR MAX. m.)
ON-l.OT WATIX & SEWER
Truck Termiruln s acrC1- 400' so SO 3s' 70 so' 4s
AU Other Uses 3 acrC1- 200' so 35' 20" 40' 35' 4s
SEE ARTICLE XIV
PlIRI.IC WATFR OR SEWER
Twk Termvuls s lcres-. 400' so 50 3s' 70' so' 4s
AU Other Ilses 1 acre I20 so 311' 20' Po' 35' 4s
llses hy Specul Ikcrpt~on SEE ARTICLE XIV
s lcrCs- 400' so W 3s' 70' SO' 4s
I acre IW' JO 35' 2o" Po- 3s. 45
lks by Spccul Iixcqlion SFE ARTICLE XIV
B. ImDervious Area. The maximum impervious area permitted on any lot is sixty percent (60%) of the total lot area. C. Corner Lots. On the street side, corner lots shall have a side yard dimension of not less than the front yard requirement.
SECTION 12.08 - MINIMUM OFF-STREET PARKING REQUIREMENTS. Off- street parking shall be provided for in accordance with Section 14.10 of this Ordinance.
SECTION 12.09 - MINIMUM OFF-STREET LOADING AND UNLOADING REQUIREMENTS. Off-street loading and unloading facilities shall be provided for in accordance with Section 14.11 of this Ordinance.
-11- -.. '
SECTION 5: If any section, sub-section, provision, recjulation, limitation, restriction, sentence, clause, phrase or word in this Ordinance is declared by any reason to be illegal, unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect or impair the validity of this or the Middlesex Township Zoning Ordinznce as a whole, or any other section, sub-section, provision, rqulation, limitation, restriction, sentence, clause, phrase, word or renaining portion of this or the Middlesex Township Zoning Ordinance. The Board of Township Supervisors hereby declares that it would have adopted this Ordinance and each section, sub- section, provision, regulation, limitation, restriction, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more of the sections, sub-sections, provisions, regulations, limitations, restrictions, sentences, clauses, phrases or words may be declared illegal, 'unconstitutional or invalid.
SECTION 6 : This Ordinance shall become effective in accordance with applicable law.
of flsy 1998. ORDAINED AND ENACTED this 6'' day
OF 'MIDDLES= ATTEST: -TOWNSHIP -. BL1 &a h\\ ky-. Town hip S 'cretary \ Chdirman, Boartb f Wwnship A Supervisors '. (Seal)03
-12- MIDDLESEX TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA
ORDINANCE NO. 3 -00
AN ORDINANCE OF THE BOARD OF TOWNSHIP SUPERVISORS IN AND FOR THE TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, PENNSYLVANIA AMENDING ORDINANCE NO. 3-89 (THE “MIDDLESEX TOWNSHIP ZONING ORDINANCE”) AS AMENDED, BY DELETING SECTION 6.02 I OF ARTICLE VI AND BY DELETING ARTICLE XVI, PLANNED RESIDENTIAL
DEVELOPMENTS. ’
BE IT HEREBY ENACTED AND ORDAINED, and it is hereby enacted and ordained by the Board of Township Supervisors in and for the Township of Middlesex
Cumberland County, Pennsylvania, as follows:
SECTION 1. Section 6.02 I of Article VI of the Middlesex Township Zoning
Ordinance, permitting Planned Residential Developments in the RF-Residential Farm
District, together with Article XVI, Planned Residential Developments, as originally contained in Ordinance No. 3-89 and subsequently amended by Ordinance No. 6-93, is hereby repealed and deleted from the Middlesex Township Zoning Ordinance.
SECTION 2. Except only as amended, modified and changed herein, the
Middlesex Township Zoning Ordinance as originally enacted and previously amended shall remain in all other respects in full force and effect.
SECTION 3. The provisions of this Ordinance shall be severable, and if any of it provisions shall be held to be unconstitutional, illegal or otherwise invalid, that decision shall not affect the validity of any of the remaining provisions of this Ordinance. It is . . ._-
declared to be the legislative intention that this Ordinance would have been enacted had
the unconstitutional, illegd or otherwise invalid provisions not been included in this
Ordinance.
SECTION 4. All prior ordinances of this Township or parts thereof which are
inconsistent with any provisions of this Ordinance are hereby repealed and are declared
to be unenforceable.
SECTION 5. This Ordinance shall take effect in accordance with existing law.
DULY ENECTED AND ORDAINED this 20 day of June , 2000, by the
Board of Township Supervisors in and for the Township of Middlesex, Cumberland
County, Pennsylvania in public session lawfully assembled.
TOWNSHIP OF MIDDLEX
Supervisors -\ ATTEST:
(Township Sed) TOWNSHIP OF MIDDLESEX
CUMBERLAND COUNTY, PENNSYLVANIA
ORDINANCENO. 4 -01
AN ORDINANCE OF THE TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, PENNSYLVANIA AMENDING ORDINANCE NO. 3-89 ENACTED JUNE 30, 1989, KNOWN AS THE "MIDDLESEX TOWNSHIP ZOKING ORDINANCE" BY PERMITTING FORESTRY IN ALL ZONING DISTRICTS OF MIDDLESEX TOWNSHIP, AMENDING CERTAIN NOTICE REQUIREMENTS WITH RESPECT TO ZONING ORDINANCE .kWNDMENTS AND HEARINGS WITH RESPECT THERETO AND ADDING TERMS AND DEFINITIONS
BE IT HEREBY ENACTED AND ORDAINED, and it is hereby enacted by the Board of
Township Supervisors in and for the Township of Middlesex, Cumberland County, Pennsylvania as follows:
SECTION 1 : Article 11, Section 2.03 of the Middlesex Township Zoning Ordinance is hereby amended to include the following additional terms.
Forestrv: The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
Timberino,: The act of engaging in timber harvesting.
Timber Harvesting: The process of cutting down andor removing trees for the purpose of sale or processing into commercial wood products. '. ... --
SECTION 11: The following -A .rticles and Sections of the Mi( Ilesex Township Zoning = Ordinance are hereby amendea as follows:
A. Article V, OS - ConservatiodOpen Space Districts, Section 5.02 is hereby amended to include the following additional permitted use:
F. Forestry (See Section 13.53)
B. Article VI, RF - Residential Farm Districts, Section 6.02 is hereby amended to include the following additional permitted use:
1. Forestry (See Section 14.53)
C. Article VII, RC - Residential Country Districts, Section 7.02 is hereby amended to include the following additional permitted use:
H. Forestry (See Section 14.53)
D. Article VIII, RS - Residential Suburban Districts, Section 8.02 is hereby amended to include the following additional permitted use:
I. Forestry (See Section 14.53) E. Article Di, VC - Village Center Districts, Section 9.02 is hereby amended to include the following additional permitted use:
K. Forestry (See Section 14.53) F. Article X, CH - Commercial Highway Districts, Section 10.03 is hereby amended to include the followin,o additional permitted use:
N. Forestry (See Section 14.53)
G. Article XI, LI- Light Industrial Districts, Section 1 1.03. is hereby amended to include the following additional permitted use:
14. Forestry (See Section 14.53)
H. Article XII, IG- Indusmal General Districts, Section 12.03 is hereby amended to include the following additional permitted use:
18. Forestry (See Section 14.53)
-2- - SECTION 111: Article XIV, Supplementary Regulations, is hereby amended tiinclude the
following additional Section:
SECTION 14.53 - Forestry; Timber Harvesting
A. The harvesting of trees, which is a component of forestry, shall be governed by the provisions of this Section. The provisions of this Section however shall not apply to the harvesting of trees for personal use by a property owner and his or her family.
A person who intends to undertake timber harvesting activities on land located with the Township shall provide the Township with written notice at least seven (7) days prior to the date that such activities are to commence. Such notice must be sent to the Township Secretary and shall include the following:
1. A copy of the Erosion and Sedimentation Control Plan (as required by Chapter 102, Erosion Control Rules and Regulations issued under Act of June 22, 1937, P.L. 1987 (Clean Streams Law); and
2. The following information shall also be submitted to the extent that such information is not clearly indicated within the submitted copy of the Erosion and Sedimentation Control Plan:
a. Location of the land;
b. Owner of the land;
C. Person timbering;
d. Timbering schedule;
e. Number of acres to be timbered;
f. Estimated number of board feet to be timbered;
g. Type of timbering: selective, cutting or clear cut;
h. Method of transport; and
1. Identification of transport route through the Township.
-3 - SECTION 4: Article XIX, Amendments, Section 19.02G. is hereby amended in its entirety to provide as fol6ws:
G. Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. Notice shall be given by publication of the notice in a newspaper of general circulation in the Township. Said notice shall be published once each week for two successive weeks. The first publication shall not be more than thirty days and the second publication not less than seven days from the date of the hearing.
In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
SECTION 5: If any section, sub-section, provision, regulation, limitation, restriction, sentence, clause, phrase or word in this Ordinance is declared by any reason to be illegal, unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect or impair the validity of this or the Middlesex Township Zoning Ordinance as a whole, or any other section, sub-section, provision, regulation, limitation, restriction, sentence, clause, phrase, word or remaining portion of this or the Middlesex Township Zoning Ordinance. The Board of Township Supervisors hereby declares that it would have adopted this Ordinance and each section, subjection, provision, regulation, limitation, restriction, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more of the sections, sub-sections, provisions, regulations, limitations, restrictions, sentences, clauses, phrases or words may be declared illegal, unconstitutional or invalid.
SECTION 6: This Ordinance shall become effective in accordance with applicable law.
ORDAINED AND ENACTED this 1 1 th day of July , 2001.
ATTEST: T0U;NSHIP OF MIDDLESEX
i &4wmpiprpecretary Chairman, Board of Township $.,- iw -* Supervisors fi- ;+.=?J;I: .. 7 ; i
-4- TOWNSHIP OF MIDDLESEX CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCENO. 4 -02
AN ORDINANCE OF THE TOWNSHIP OF MIDDLESEX ,CUMBERLAND COUNTY, PENNSYLVANIA AMENDING ORDINANCE NO. 3-89 ENACTED JUNE 30,1989, KNOWN AS THE "MIDDLESEX TOWNSHIP ZONING ORDINANCE" BY AMENDING THE ZONING MAP AS PROVIDED UNDER SECTION 3.02 OF SAID ORDINANCE BY REZONING A PORTION OF THE CH - COMMERCIAL HIGHWAY ZONING DISTRICT TO IG - INDUSTRIAL GENERAL.
BY IT HEREBY ENACTED AND ORDAINED,and it is hereby enacted by the Board of Township Supervisors in and for the Township of Middlesex, Cumberland County,
Pennsylvania, as follows:
SECTION 1: Ordinance No. 3-89 entitled "Middlesex Township Zoning Ordinance" enacted and ordained on June 30,1989 and subsequently amended, specifically Section 3.02.A of Article I11 thereof, is hereby amended by adding thereto the following provisions:
8. The CH - Commercial Highway Zoning District as shown on the
Middlesex Township Zoning Map is hereby decreased by deleting
therefrom all that certain land more hlly described in Paragraph 9,
below, said land hereby being designated and rezoned to be included
in and added to the IG - Industrial Commercial Zoning District, as
as more fully set forth below.
9. The following described land situate in the Township of Middlesex
is hereby reclassified, rezoned and designated from CH -
Commercial Highway to IG - Industrial General: BEGINNING at the intersection of the northern right-of-way line of U.S. Route 11 (S.R. 001 1) with the eastern right-of-way line Allison Boulevard; THENCE along the eatern right-of-way line of Allison Boulevard and along lands of Keen Transport, Inc. and lands of X-tra Lease Inc. approxi- mately 858.2 feet to the northern line of Allison Boulevard Extended; thence along the northern line of Allison Boulevard Extended and along lands of X-tra Lease Inc. approximately 466.8 feet to the eastern dedicated right-of- way line of Carolina Drive; thence along the eastern dedicated right-of-way line of Carolina Drive and along lands of X-tra Lease Inc. and lands of Transport Realty Incorporated approximately 1,264.3 feet to lands of Paul S. and Eris J. Kahn; thence along lands of Kahn and lands of Consolidated Freightways Corporation of Delaware approximately 11 13.5 feet to the southern right-of-way line of Interstate 8 1 (S.R. 008 1); thence along the southern right-of-way line of Interstate 8 1 and along lands of Consolidated Freightways Corporation of Delaware and lands of Richard D. and Mary E. Yeager approximately 4,561.5 feet to the approximate location of the township line dividing Silver Spring Township and Middlesex Township; thence along the approximate location of the Silver Spring and Middlesex Township line and through lands of Richard D. and Mary E. Yeager approximately 563.4 feet to lands of the United States of America; thence leaving said township line and along lands of the United States of America, along lands of Paul S. and Ens J. Kahn and along lands of ABF Freight System, Inc. approximately 3,700.4 feet to the northern right-of-way line of U. S. Route 11; thence along U. S. Route 11 and along lands of ABF Freight System, Inc., along lands of Keen Leasing, Inc. and along lands of Keen Transport Inc. approximately 1,624.2 feet to the place of BEGINNING.
Containing approximately 173.59 acres, more or less.
SECTION 2: The Township Engineer is directed to revise said Zoning Map to delineate the rezoned area and boundary line changes as adopted hereby.
SECTION 3: Except only as amended, modified or changed herein, the Middlesex
Township Zoning Ordinance as originally enacted and previously amended shall remain in all other respects in full force and effect.
SECTION 4: This Ordinance shall become effective in accordance with applicable law.
-2- ENACTED AND ORDAINED this 2nd day of October ,2002.
TOWNSHIP OF MIDDLESEX
an, Bb&d of To ATTEST:
(Township Seal)
-3- TOWNSHIP OF MIDDLESEX CUMBERLAND COUNTY, PENNSYLVANIA
ORDINANCE NO. 5 - 2002
AN ORDINANCE OF THE TOWNSHIP OF MIDDLESEX, CUMBERLAND COUNTY, PENNSYLVANIA, AMENDING - - __-- -- ORDINANCE NO. 3-89 ENACTED JUNE 30,1989 KNOWN AS THE “MIDDLESEX TOWNSHIP ZOhTNG ORDINANCE”, BY CREATING ARTICLE XVI, UDA-UNIFIED DEVELOPMENT AREA OVERLAY DISTRICT, AMENDING ARTICLE I1 TO PROVIDE CERTAIN DEFINITIONS, AMENDING ARTICLE I11 BY PROVIDING PROVISIONS APPLICABLE TO THE UDA-UNIFIED DEVELOPMENT AREA OVERLAY DISTRICT, AMENDING ARTICLE XVIII TO PROVIDE FOR CONDITIONAL USE APPROVALS BY THE BOARD OF SUPERVISORS AND ESTABLISHING AN APPLICATION FEE FOR CONDITIONAL USE APPLICATIONS.
BE IT HEREBY ENACTED AND ORDAINED and it is hereby enacted by the Board of Township Supervisors in and for the Township of Middlesex, Cumberland County, Pennsylvania, as follows:
SECTION 1 : Article 11, Section 2.03 of the Middlesex Township Zoning Ordinance is hereby amended to include the following terms and definitions and with respect to the term “conditional use”, provide an amended definition as follows:
Active Recreational Use: A leisure time activity, usually of a formal nature and often performed with others requiring equipment and taking place at prescribed places, sites or fields.
Assisted Living Facility: A building or structure, whether operated for profit or not, that provides separate dwelling units for residents and a living arrangement in which personal care services such as meals, housekeeping, transportation and assistance with the activities of daily living are available as needed to people who still live on their own.
Conditional Use: A use permitted pursuant to applicable standards, conditions and criteria prescribed for such use upon approval by the Board of Supervisors and consideration of the recommendation by the Planning Commission.
Nursing Home: A building or structure, whether operated for profit or not, that provides a residence for persons, who by reason of illness, physical infirmity or advanced age, are unable to live on their own and require nursing care, personal care or custodial care. Master Development Plan: The plan for a UDA Development submitted for and subject to conditional use approval in accordance with the provisions of Article XVI.
Passive Recreational Use: A use that involves relatively inactive or less energetic activities such as walking, sitting and picnicking.
UDA: Unified Development kea
UDA Development: The development of land proposed or existing within the Unified Development Area Overlay District in accordance with Article XVI. UDA Development is also sometimes referred to as the “Development” in Article XVI .
UDA Development Tract: The parcel or contiguous parcels of land that comprise the gross land area on which the UDA Development is proposed or constructed.
SECTION 2: Article I11 of the Middlesex Township Zoning Ordinance is hereby amended to include the following additional provisions:
SECTION 3.1 1 - Establishment of Unified Development Area Overlay District.
A. Overlay Concept. The UDA - Unified Development Area Overlay District shall be an overlay to portions of existing underlying zoning districts as shown on the official Middlesex Township Zoning Map. Except as otherwise specifically provided in Article XVI, only the provisions of the Unified Development Area Overlay District, and not those of the underlying zoning district, shall be applicable to any proposed or existing UDA Development. B. The UDA-Unified Development Area Overlay District shall consist of that land area zoned, as of the effective date of this Ordinance, as RF-Residential Farm and RC-Residential Country which is located: north of the CH-Commercial Highway zoning district along U.S.Route 11 and north of Interstate 81, west of Bernheisel Bridge Road, south and east of the Conodoguinet Creek, east of Country Club Road and north of the OS-Open Space zoning district which adjoins Country Club Road to the west.
SECTION 3: The Middlesex Township Zoning Ordinance is hereby amended to include the following new provisions designated as Article XVI:
2 ARTICLE XVI UDA - UNIFIED DEVELOPMENT AREA OVERLAY DISTRICT
SECTION 16.01 - INTENDED PURPOSE. In addition to the general goals listed in the statement of Purposes (Section 1.02) and the Community Development Objectives (Section 1.03), it is the purpose of the Unified Development Area Overlay District:
A. To assure that the provisions of the Middlesex Township Zoning Ordinance, which are concerned in part with the uniform treatment of dwelling type, bulk, density, intensity, and open space within each zoning district, shall not be applied in a manner that would distort the objectives of said zoning ordinance.
B. To encourage innovations in residential and non-residential development and renewal so that the growing demand for housing and other development may be met by a greater variety in type, design, and layout of dwellings and other buildings and structures and by the conservation and more efficient use of open space ancillary to said dwellings and community facilities.
I. C. To provide greater opportunities for better housing, community facilities and recreation in the Township.
D. To encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that economies from the type and size of the development secured may inure to benefit those who need homes and for other uses. In addition to the above, economic efficiencies associated with the development plan will provide less cost and maintenance for roadways, stormwater management facilities and development infrastructure through progressive design principals that minimize length of roadway per lot and through homeowners’ associations’ responsibilities for certain property maintenance.
E. To encourage flexible land development, which will respect and conserve natural resources such as streams, lakes, floodplains, groundwater, wetlands, wooded areas, steep-sloped areas, and areas of unusual beauty or importance to the natural ecosystem.
F. In aid of the foregoing purposes, to provide a procedure which can relate the type, design, and layout of residential and non-residential development to the particular site and the particular demand for housing and community facilities existing at the time of development in a manner consistent with the preservation of property values within existing residential and non-residential areas, and to assure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.
3 G. To promote the inclusion within larger developments of on-site community conveniences and facilities, as well as passive and active open space areas.
SECTION 16.02 - ELIGIBILITY REQUIREMENTS FOR UDA OVERLAY DISTRICT DEVELOPMENTS.
A. No application for a UDA Development under Article XVI shall be considered or approved by the Board of Township Supervisors unless the following requirements are met:
1. The proposed UDA Development shall consist of one or more contiguous parcels of land under single ownership. Parcels may not be removed from the interior of any UDA Development and no contiguous lots are permitted to form an interior area or lot that is not part of a proposed UDA Development.
2. The proposed UDA Development shall be situated entirely within the UDA Overlay District, as depicted on the Middlesex Township Zoning . Map.
3. The proposed UDA Development shall be served only by the municipal water supply system and municipal sanitary sewer system as owned by the Middlesex Township Municipal Authority. The applicant shall provide proof from the Middlesex Township Municipal Authority to the Board of Township Supervisors that capacity for both utilities is available for the proposed UDA Development.
4. A minimum of forty percent (40%) of the gross land area of the proposed UDA Development shall be devoted to common open space. (For purposes of this Article XVI, the term “gross land area” shall mean the area contained within the existing boundaries of the land, whether consisting of one or more contiguous parcels, on which development consistent with the provisions of this Article XVI is proposed.)
5. The maximum gross residential density for the total UDA Development shall not exceed 1.6 equivalent dwelling units per gross acre, with equivalent dwelling units for individual residential uses as follows: a. A single-family detached dwelling unit shall equal 1.0 equivalent dwelling unit. b. A single-family semi-detached dwelling unit shall equal 0.612 equivalent dwelling unit. c. A single-family attached dwelling unit (townhouse) shall equal 0.612 equivalent dwelling unit.
4 d. A multi-family dwelling unit shall equal 0.693 equivalent dwellin,o unit. e. An assisted living facility andor nursing home use shall equal 0.25 equivalent dwelling unit per bed.
However, in no case shall the maximum gross residential density for the total UDA Development Tract exceed 2.0 dwelling units per gross acre.
6. Proposed uses must be consistent with Comprehensive Plan and those permitted by this Ordinance.
B. A proposed UDA Development shall be permitted by the Board of Township Supervisors of the Township of Middlesex only upon conditional use approval, which approval shall include approval of a Master Development Plan for a UDA Development. Said Master Development Plan shall be in compliance with the requiiements of this Article XVI, and shall incorporate specific elements and requirements of Section 16.08 as described herein. Once the applicant is granted the Conditional Use by the Board of Township Supervisors, the applicant may proceed with filing either preliminary and/or final subdivision and land development plans in phases, so long as each phase is consistent with the approved Master Development Plan.
SECTION16.03 - CONTENT OF APPLICATION FOR APPROVAL OF THE MASTER DEVELOPMENT PLAN.
A. Applications for conditional use approval of the UDA Development shall include the submission of a Master Development Plan and accompanying supporting data for said plan as required herein. The conceptual design elements shown on the plan shall be indicated in sufficient detail to serve as a fm commitment by the applicant with regard to the hture development of the gross land area and for the Board of Township Supervisors and the Planning Commission to evaluate the effect of the Master Development Plan on the health, safety and general welfare of the Township. A fixed dimensional layout showing exact building locations, shapes, dimensions, landscape plans and other engineering details, such as those required for land development approval, shall not be required for conditional use approval of the UDA Development or Master Development Plan.
B. The required contents of and specifications for preparing the Master Development Plan are as follows:
1. Conceptual site plan prepared by a professional engineer, or professional landscape architect, with the individual(s) preparing the plan being licensed and registered to practice as such under the laws of the
5 Commonwealth of Pennsylvania, which plan shall include but not be limited to such conceptual design elements and information as follows: a. Shall be drawn at a scale of not less than one (1) inch equals two hundred (200) feet. b. The total gross area (acreage) of entire development.
C. The acreage of impervious area and its percentage of the total gross land area d. The acreage of common open space and its percentage of the total gross land area e. The number of lots for each type of residential use f. The total number of residential dwelling units g. The gross residential density h. The number of dwelling units for each type of residential use and percentage in relation to the total number of residential units.
1. The acreage of each type of non-residential use j. The percentage of the gross land area proposed for non-residential use k. General vehicular and non-vehicular circulation patterns for the entire tract
1. Points of access to the site m. A common open space proposal which shall include the location of all of the proposed common open space, the proposed use of each, and the facilities that are anticipated to be placed thereon
n. Typical lot and building layouts and landscape features for each category of dwelling unit
0. Boundaries and conceptual depiction of the location and proposed use in each area of the development which shall include depictions of each residential and non-residential use
P. Location, dimensions of streets and rights-of-way of the proposed road network
6 q. Lot lines
r. Location of proposed public utilities
S. Schematic groupings of buildings and structures including a schedule of gross floor areas and heights
t. Schematic provision of storm water management facilities accompanied by a written analysis and conclusions as to anticipated storm water management methods
u. Any other data as found necessary by the Township Planning Commission and Board of Supervisors
C. Additional required supporting data and plans:
1. A Water supply proposal and feasibility report from the Municipal Authority -9.-. 2. A Sewage service proposal feasibility report from the Municipal Authority
3. Architectural documents in accordance with Section 16.07.A. 12 of this Ordinance
4. The Natural Features Analysis in accordance with Section 16.06.A of this Ordinance
5. The Community Impact Analysis prepared in accordance with Section 16.06.B of this Ordinance
6. A narrative that generally describes the proposed covenants, restrictions and development standards
SECTION 16.04 -PROCEDURES.
The following procedures shall apply to the proposed UDA Development:
A. Conditional Use Review of Master Development Plan Application. The Master Development Plan Application and all supporting documents and filing fees shall be submitted to the Zoning Officer. The notice, hearing and decision procedures set forth in Article XVIII, Section 18.13 shall be followed.
7 B. Criteria For Master Development Plan Application Review. The Board of Township Supervisors shall consider the following criteria when evaluating Master Development Plan Applications submitted under the provisions of this Article XVI:
1. The natural environments of the tract, with particular reference to preservation of streams, woodlands, Pennsylvania Natural Diversity Index Sites, woodlands and slopes in excess of twenty-five percent (25%), protection against soil erosion and water contamination, and provision for flood and surface water run off control.
2. Location of development areas, uses described in Section 16.05, infrastructure and common open space shall take into account the following: a. Suitability with respect to topography and drainage. b. Compatibility with surrounding land use. c. Preservation of significant natural features and vegetation. d. Preservation of significant visual resources.
3. Consideration of traffic improvements designed to alleviate potential vehicular traffic congestion resulting from implementation of the Master Development Plan on a phase-by-phase basis, including any off-site improvements demonstrated to be required as a result of the UDA Development.
4. Provision for the ownership and restrictions of the proposed common open space, which will secure proper maintenance and preservation thereof for common open space purposes.
5. Preservation of historic sites and structures.
6. Determination of suitability with respect to each of the purpose statements in Section 16.01.
7. Compliance with the applicable standards of this Article.
C. Authority to Attach Reasonable Conditions to Approval. In approving the Master Development Plan Application, the Board of Township Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this Article, as it may deem necessary to protect the health, safety and welfare of the Township residents.
D. Submission of Subdivision and Land Development Plan. Approval of the Master Development Plan Application shall not effect a subdivision or land development
8 of any part of the Master Development Plan Tract. The developer, or any successor to the developer, for all or any portion of the UDA Development, shall comply with the Middlesex Township Subdivision and Land Development Ordinance procedures and requirements to the extent that Ordinance is not inconsistent with the approved Master Development Plan for the UDA Development. Applications for subdivision and land development approvals may be for individual phases of the UDA Development. Conditional use approval of the Master Development Plan Application by the Board of Township Supervisors will be in lieu of any other zoning or use approval otherwise required with respect to uses approved as a part of the Master Development Plan Application.
E. Vested Right to Proceed. The applicant, or any successor to the applicant, for all or any portion of the UDA Development, shall have a vested right to proceed according to the Master Development Plan Application, and no subsequent change or amendment to the zoning, subdivision and land development ordinance, or other governing ordinance or regulation, shall be applied to affect adversely the right of the applicant, or any successor, to commence or complete any aspect of the approved Master Development Plan Application, or materially increase the amount of site improvements or the projected cost of construction of buildings and site improvements, for a period of twenty (20) years from the date of conditional use approval of the Master Development Plan Application. ,- ...... F. Amendment of Master Development Plan Application.
1. Once conditional use approval is granted by the Board of Township Supervisors for the Master Development Plan showing a UDA Development to be developed in phases, after approval by the Board of Township Supervisors of a final subdivision and land development plan for individual phases as required by the Middlesex Township Subdivision and Land Development Ordinance, and after obtaining development related approvals required by other Federal, State or local laws and/or ordinances, development may be commenced for individual phases only in a manner which is generally consistent with the approved Master Development Plan. The Board of Supervisors, in its discretion, may approve changes to the Master Development Plan if such changes do not materially alter the use, density, number or type of buildings or units, street classifications or other aspects of the Master Development Plan.
2. The Board of Township Supervisors may permit material changes to the Master Development Plan upon application for amendment by an applicant representing the entirety of, or any portion of, the UDA Development by following the procedures and criteria outlined in Section 18.13of this Ordinance.
9 SECTION 16.05 - LAND USE AND DENSITY REQUIREMENTS.
A. Uses permitted in a UDA Development are as follows:
1. Residential Uses: a. Single-family detached dwellings b. Single-family semi-detached dwellings (e.g. duplex) c. Single-family attached dwellings (e.g. townhouses) d. Multi-family dwellings e. Assisted living facilities and nursing homes only if ancillary to the residential development in accordance with conditions contained herein.
2. Non-residential Uses:
a. Local convenience uses of the retail and service type. Examples of such uses are grocery stores, drug stores, medical and dental clinics, and other uses of a similar character.
b. Community services such as meeting rooms, health facilities, and other uses of a similar character for use by the residents.
c. Community facilities such as schools and churches.
d. Golf Courses, including accessory uses, buildings and structures customarily associated with a golf course, such as, but not limited to, a club house, locker rooms, maintenance and storage buildings, practice driving range and putting greens, rest room facilities and lightning shelters, provided, however, that the golf course is developed in conjunction with a residential development approved as part of the UDA Development.
3. Active and passive recreational uses in conjunction with the common open space requirements of this Ordinance.
B. The UDA Development shall have a mix of residential uses consisting of the following dwelling types within the proportions provided below. Once these minimum proportional requirements are met, the proportions of all other permitted residential uses shall be left to the discretion of the applicant.
1. Single-Family Detached: A minimum of forty percent (40%) and maximum of seventy five percent (75%) of all proposed dwelling units.
2. Single-Family Semi-Detached: A maximum of thirty five percent (35%) of all proposed dwelling units.
10 3. Single-Family Attached (townhouses): A maximum of thirty-five (35%) of all proposed dwelling units.
4. Multi-Family Apartments or Assisted Living Facilities: A maximum of ten percent (10%) of all proposed dwelling units.
5. Nursing Homes: A maximum of two percent (2%) of all proposed dwelling units. For purposes of this provision, four (4) beds shall constitute.one (1) dwelling unit.
C. The UDA Development shall be regulated by the following standards relative to impervious coverage:
1. Impervious area shall not exceed twenty-five percent (25 %) of the gross land area.
2. The maximum impervious area permitted on any lot for single family residential use shall be fifty percent (50%) of the lot area.
3. The maximum impervious area permitted on any lot for non-residential
~ .. use shall be sixty-five percent (65 %) of the lot area.
D. The areas set aside for non-residential uses and community services and/or facilities shall not exceed the following maximums:
1. The total area of all lots set aside for uses identified in Section 16.05A.2.a within the UDA Development shall not exceed three percent (3%) of the gross land area.
2. The total area of all lots set aside for community services and/or facilities (not including active recreation areas) within the UDA Development shall not exceed three percent (3%) of the gross land area.
3. The areas set aside for non-residential use and community services and/or facilities within the UDA Development may be combined.
SECTION 16.06 - SITE ANALYSIS.
The applicant must demonstrate to the satisfaction of the Board of Township Supervisors during the conditional use approval process that both the opportunities provided and the constraints imposed by natural features and community facilities have been considered in the site design of the proposed Master Development Plan.
A. A Natural Features Analysis is required to determine which specific areas of the gross land area are suitable for development and which areas should be preserved
11 in their natural state. The Natural Features Analysis shall consist of the identification and analyses of the following:
1. An analysis of the site topography, before and after construction. Said analysis can be based upon, at a minimum, an interpolation of existing U.S.G.S mapping and shall include:
a. Delineation of slope areas according to the following categories: 0-8%, 8-15%, 1525% and over 25% slope.
b. Woodedforested areas and areas containing significant tree clusters shall be identified and mapped. In addition, where woodedforested areas are proposed to be disturbed, dominant tree species should be identified with individual mature trees having a caliper of six (6) inches or more located.
c. Areas containing other natural amenities shall be mapped based upon a reliable source of information.
d. A conceptual finish grading plan at a contour interval sufficient enough to demonstrate that the development site can be graded without excessive earthmoving.
e. The conceptual finished grading plan shall indicate those areas where trees will be removed as a result of site grading so as to ascertain that the development site can be graded without excessive adverse impact or destruction of natural amenities.
f. The conceptual finished grading plan shall indicate those areas where natural amenities are adversely impacted and or destroyed so as to ascertain that development site can be graded without excessive adverse impact or destruction of natural amenities.
g. The applicant shall also provide a conceptual Erosion and Sediment Pollution Control Plan, which should illustrate and otherwise identify the method and the means by which erosion will be controlled during construction to the extent that the site’s natural features and amenities are not impacted.
2. An analysis of natural drainage patterns and water resources. Using existing topographic, soils, geologic, aerial, photographic, GIS and other existing published data, all streams, natural drainage swales, ponds or lakes, wetlands and marsh areas, floodplain areas, permanent and seasonal high water table areas shall be identified and included in the analysis. The applicant must demonstrate that natural elements and drainage patterns will be preserved to the extent feasible and incorporated into the final design of the development.
12 3. Identification of the areas of the site proposed to be disturbed that are found to have inadequate natural surface drainage. The method by which said natural surface drainage must be enhanced to accommodate the proposed development shall be described.
4. Using existing available geographic and hydrogeographic data, an analysis of the characteristics of rock formations underlying the site and a delineation of all aquifers (particularly those ldcally subject to pollution and with low groundwater yields) shall be delineated, including the highlighting of shallow depth-to-bedrock areas, and areas in which rock formations are unstable. An analysis of these natural features followed by conclusions indicating that these features will neither be adversely impacted by the proposed development nor pose any limitations that cannot be overcome. A recommendation as to how limitations can be overcome is also required.
5. An analysis of on-site soils. Mapping shall be provided, based on an interpolation of the then current Soil Survey of Cumberland and Perry Counties published by the United States Department of Agriculture, Soil Conservation Service, or any successor publication, indicating the location of site specific soil types and whether they are categorized as Class I or Class I1 agricultural soils. Soils shall be hrther described in detail including their limitations for use as construction material. In addition, an analysis is required followed by conclusions drawn therefrom indicating that the on-site soils will neither be adversely impacted by the proposed development nor will they pose any limitations that cannot be overcome. A recommendation as to how limitations can be overcome is also required.
6. An analysis of the existing on-site vegetation (other than trees and woods as required above) describing the type of cover, calculating the percentage that will be removed, and illustrating location of said removal.
B. A Community Impact Analysis is required in order to identi@ and address the potential effects and impacts of the development upon community facilities. Applicable provisions of the Community Impact Analysis shall be prepared in accordance with provisions contained in Section 7 17, Traffic Impact and Section 7 18, Environmental Impact Assessment Report of the Middlesex Township Subdivision and Land Development Ordinance. The facilities required to be analyzed are as follows:
1. Transportation and surrounding roadway system 2. Water supply 3. Sewage disposal 4. Public utilities, such as electricity, gas, telephone and cable television 5. Solid waste disposal 6. Emergency Services, such as police, fire protection, and ambulance 7. Schools
13 8. Recreation
The analysis shall contain a detailed description as to how any identified impacts will be addressed and mitigated by the applicant.
SECTION 16.07 - SITE DESIGN REQUIREMENTS
The results of the Natural Features Analysis and Community Impact Analysis as required by Sections 16.06.A and 16.06.B shall be used as the basis upon which the site is to be designed. In addition, the following specifics shall apply with respect to the types of uses proposed:
A. Residential Uses:
1. The following minimum area, bulk and spacing requirements shall apply:
a. Single-family detached dwelling units: Lot area - 7,500 square feet minimum with a development- wide required average of no less than 10,000 sq. ft. Front yard - 30 feet Side yard - 15 feet aggravated; 5 feet minimum Rear yard - 30 feet
b. Single-family semi-detached dwellings: Lot area - 7,000 square feet minimum with a development wide average of no less than 8000 sq. ft. Front yard - 30 feet Side yard - 10 feet (one side, 0 for party wall) Rear yard - . 30 feet
C. Single-familv attached dwellings (townhouses): Lotkea- None Unit Width - 20 feet minimum. An 18 feet minimum width is allowed if the width of the entire structure results in an average unit width greater than 20 feet. Front yard - 25 feet Building separation - side to side - 15 feet Building separation - rear to rear or side - 40 feet
d. Multi-family dwellings, Assisted Living Facilities, Nursing homes: Front yard - 30 feet Building separation - 30 feet
14 2. Building set-backs and distances between buildings shall be varied from the minimum in order to create interesting architecture in the layout and character of housing, but shall, in all cases, comply with the minimum requirements of Section 16.07.A.1.
4. Dwelling unit structures shall be located and arranged so as to promote acoustic and visual privacy for residents within and adjacent to the development.
5. Structures within the UDA Development shall be located so that there will be minimal adverse impact upon other structures such as excluding natural light or invading the privacy of adjacent structures.
6. Dwelling unit structures shall be located and sited so as to promote pedestrian and visual access to common open space wherever possible.
7. Dwellings shall be arranged in clusters so as to reduce the mount of improvements required to support residences, thereby minimizing both development and maintenance costs, and to provide immediate access to common open space.
., 8. There shall be an open space around the perimeter of the UDA Development. All individual lot lines shall be located no closer than thirty- five (35) feet from the perimeter boundary line.
9. No structure shall be located within seventy-five (75) feet of the right-of- way of an arterial or collector street. All structures shall be screened from arterial and collector streets by landscape berms, vegetative plantings and/or fences.
10. The following additional requirements shall apply:
a. No structure shall be located within hventy-five (25) feet of a public or private street right-of-way line.
b. No structure shall be located within fifteen (15) feet of any other structure.
c. There shall be a minimum of fifty (50) feet between groups of different dwelling types. The individual groups of different dwelling types shall be screened from each other by combinations of landscape berms, vegetative plantings and/or fences. The buffer between dwelling types may be satisfied by locating a street between them with an additional 25 feet of landscape area adjacent to and beyond the street right -of- way line.
15 d. The maximum dimension of multi-family structures shall be one hundred forty (140) feet. To the extent applicable and not othenvise specifically addressed in this Article XVI, the provisions of Article XIV, Section 14.38 of the Middlesex Township Zoning Ordinance shall apply.
e. Architectural documents must supplement development plans proposing assisted living and nursing home facilities. Said documents are required at the preliminary subdivision and land development plan approval stage of the planning process and are subject to the review and approval of the Board of Township Supervisors. Documents shall be based on architectural compatibility and proper land planning concepts.
f. Development plans proposing assisted living and nursing home facilities must demonstrate that said facilities can only be accessed without having to pass through the residential sectors of the development. Routes providing access to these facilities through residential areas of the development are prohibited. Access driveway(s) must intersect only with either collector roads exterior to the development or within the development in such a manner so as not to cause facility-generated traffic to pass through other residential areas of the development.
g. No structure or building shall have a height in excess of thirty-five (35) feet.
11. A pedestrian path system must be provided to interconnect all of the common open space.
a. The pedestrian path system must interconnect all of the common open space and shall avoid crossing arterial or collector streets wherever possible.
b. Access corridors connecting common open space areas between lots shall be a minimum of fifteen (15) feet in width.
C. Connecting pathways within common open space areas shall be improved to a minimum of four (4) feet in width.
d. Street sidewalks can be an ancillary component of the pedestrian path system so long as they connect to other components of the system resulting in one contiguous / continuous pathway.
16 ...... - . - . . . .
e. The pedestrian path system may be substituted for the required sidewalks if the pedestrian path system complies with the provisions immediately above.
12. Typical Architectural Documents are required to be submitted with the Master Development Plan and must contain the following information:
a. Plan and elevation views.
b. Exterior materials of all residential and non-residential structures.
c. Architectural documents can be illustrative only and may be modified later on in the planning process.
13. Street shall be designed in accordance with the following general standards :
a. The desip specifications contained in the latest edition of the Township Subdivision and Land Development Ordinance shall govern except as indicated herein.
b. Streets should be curvilinear in nature so as to produce a constantly changing streetscape .
C. Collector Street Design Specifications:
(1) The development must be provided with at least one collector street and possibly more, if deemed necessary by the Township Engineer, using sound principles of vehicular collection design.
(2) Where curb is required the width of the cartway can vary fiom a minimum of 36 feet (2 - 18 feet lanes) to a maximum of 40 feet. (2-20 feet lanes) based on density.
(3) Where no curb is required the width of the cartway shall be 24 feet wide ( 2 - 12 fi. lanes) with shoulder width varying from 6 ft to 8 ft. based on density.
d. Local Street Design Specifications:
(1) Where curb is required cartway width can vary based on density and terrain fiom a minimum of 28 feet (2 - 14 ft lanes) to a maximum of 36 feet (2-1 8 ft. lanes).
(2) Where no curb is required the cartway width can vary between 18 feet (2 - 9 fl. lanes) with 4 feet wide shoulders to a
17 ...... - .. _- ...... - -...... -...... - -.
maximum of 24 feet (2 - 12 feet lanes) with 6 feet wide shoulders. Variation shall be based on density and terrain.
e. Engineering studies, prepared by a licensed Professional Civil Engineer, supporting the selected design width shall be submitted with the application.
14. Additional single family lot design requirements:
a. All single family lots will be required to accommodate a two-car garage that shall not be converted for another use.
b. The driveway must be wide enough to accommodate 2 parking spaces in addition to the 2 spaces provided by the garage.
c. Each block or cluster of single-family lots shall contain an overflow parking lot large enough to accommodate 0.25 parking spaces for each dwelling unit in the cluster or block. Additional overflow parking lot requirements are as follows:
(1) Overflow parking lots must have direct access to the adjacent street sidewalk and the developments Pedestrian path system.
(2) Shall be surrounded by a 10 feet wide landscaped screen buffer containing both trees and shrubbery.
(3) The development’s Homeowners’ Association or other
, responsible party as described in Section 16.08 shall own and maintain overflow parking areas.
(4) Overflow parking lots shall be provided with safety lighting that may be located within the screen buffer so long as the illumination specifications of this Ordinance are maintained.
(5) Overflow parking lots shall be setback from the adjacent street right-of-way line a minimum distance of 10 feet, with buffer plantings to be located within the setback area.
B. Non-Residential Uses:
1. Must be architecturally compatible with residential structures.
18 ...... , . .. . .- ......
2. Must be located within the Development, not on its perimeter and have direct access to a non-residential collector street not closer than fifty- (50) feet from the nearest lot line of a residential use.
3. Must be screened fiom groups of residential dwelling types within the UDA Development by the use of berms, landscaping, and/or fences.
4. All non-residential uses shall have direct access to the development's Pedestrian path system system, and if possible within a convenient walking distance of residential dwelling units.
5. Building Setback Requirements: Front Yard: Of sufficient distance from the street right of way line to accommodate efficient parking and at least a 25 foot wide landscape buffer between the right of way line and the parking area. Side Yard: 50 feet Rear Yard: 50 feet
6. Screening Requirements: The commercial use must be screened from residential areas by use of landscape berms, vegetative plantings and/or '. . . fences.
7. Signs for non-residential uses are permitted, subject to the following restrictions:
a. All signs shall conform to Article XIV, Section 14.16 of the Middlesex Township Zoning Ordinance.
b. A single ground-pole sign is permitted. Such sign shall be limited to a height of twelve (12) feet and shall otherwise conform to one- fourth (25%) of the dimensional requirements for ground-pole signs as detailed in Article XIV, Section 14.16 B. 3. of the Middlesex Township Zoning Ordinance.
c. Wall signs in accordance with Article XIV, Section 14.16 B. 2. of the Middlesex Township Zoning Ordinance shall be permitted on a structure for individual use and shall otherwise conform to the dimensional requirements for wall signs in Section 14.16 B. 2. of the Middlesex Township Zoning Ordinance.
8 Parking facilities shall be governed by Article XIV, Sections 14.10 and 14.1 1 of the Middlesex Township Zoning Ordinance and shall be designed solely for the intended non-residential commercial use.
19 ...... - . . I ......
a. Parking facilities must be physically separated from residential parking areas in the development.
b. Visual screening shall be provided between non-residential parking areas and residential areas.
c. Lighting is required and shall be of the low-intensity type and shall be shielded fiom the view of all surrounding streets and lots. Article XIV, Section 14.18 C.9, of the Middlesex Township Zoning Ordinance shall apply.
9. No structure or building shall have a height in excess of thirty-five (35) feet.
C. Common Open Space.
1. The location, shape, size and character of the common open space should take into consideration the natural features and physical characteristics of the site as identified in Section 16.04.
2. Common open space shall be designed as a contiguous area between residential areas with convenient pedestrian and maximization of visual access to residents of the development.
3. All open space will be interconnected by a continuous pedestrian path system. All path systems are to be of hard material with the exception of paths in wetland areas. The materials and construction of wetland paths shall comply with environmental regulations.
4. Significant natural features such as woodland areas, steep slopes, floodplain areas, large trees, natural water courses and bodies of water, rock outcroppings, and scenic views shall be incorporated into the common open space whenever possible.
5. Not less than twenty-five percent (25%) of the total common open space shall be suitable and designed for use as an active recreation area. For each three hundred and fifty (350) lots there shall be one sports field, i.e. football, soccer, or baseball that is for the use of the development and the community at large. The facilities shall be owned and maintained by the Homeowners’ Association, who will also be responsible for scheduling of the facilities for use.
6. Areas designated for common open space shall contain no structures other than those directly related to outdoor recreational uses and structures associated with utilities and maintenance of the common open space.
20 ...... - ...... - ...... - ...... - .. - . - - .- - - ...... - ......
.. ...
7. All areas designated as common open space shall be made subject to a deed restriction or ageement in a form acceptable to the Board of Township Supervisors and duly recorded in the Office of the Recorder of Deeds Office of Cumberland County prohibiting subdivision of such open space.
D. Required Public Improvements:
1. Streets, street lights, street trees, landscape screening, the pedestrian path system, sewer, water, stom drainage, soil erosion control facilities, curbs, gutters, and sidewalks shall at a minimum be considered as required public improvements and shall be designed and constructed in accordance with the requirements and standards set forth in the Middlesex Township Subdivision and Land Development Ordinance.
2. Performance and maintenance guarantees are required for public improvements. The standards set forth in the Middlesex Township Subdivision and Land Development Ordinance shall dictate the requirements for placing said guarantees with the Township as well as the requirements for requesting release therefrom upon completion of improvements...... * E. Lighting and Other Utilities.
1. All streets, off-street parking areas and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from the view of all surrounding adjacent residences and lots. Lighting shall be of a low-intensity type. Article XIV, Section 14.18 C.9 of the Middlesex Township Zoning Ordinance shall apply.
2. All telephone, electric, gas and cable television utilities shall be installed underground.
SECTION 16.08 - OWNERSHIP, MAINTENANCE AND PRESERVATION OF COMMON OPEN SPACE.
A. The developer shall provide for and establish an organization (or organizations) for the ownership, maintenance, and preservation of common open space. Such organization(s) shall not be dissolved nor shall it (they) dispose of the common open space, by sale or otherwise except to an organization(s) conceived and established to own and maintain the common open space, subject to the covenants and restrictions of the original Master Development Plan approval.
B. The developer shall establish a Homeowners' Association(s) in accordance with the following provisions:
21 ._ ...... - ...... - ...... - ...... - -...... -- ...... - ......
......
1. The Homeowners' Associations(s) shall be established as an incorporated organizations(s) operating under recorded land agreements through which each lot owner (and any succeeding owner) is a member, and each lot is subject to a charge for a proportionate share of the expenses of the organization's activities. Specific provisions shall be established which define completely all membership requirements of all non-lot owners in the event rental units are included in the project.
2. The Homeowners' Association Declaration of Covenants, Conditions, and Restrictions shall as a minimum establish the following:
a. Property Rights including the owner's easements of enjoyment and delegation of use.
b. Membership and Voting Rights including any distinction between membership classes.
3. If the developer or owner proposes to construct the project over a period of separate phases, the Homeownerd Association(s) shall also be implemented in phases consistent with the development time schedule.
4. The Board of Township Supervisors reserves the right to review and approve the Articles of Incorporation and all Declarations of Covenants, Conditions, and Restrictions of the Homeowners' Association(s) as the same relate to the responsibility for on-going ownership and maintenance.
C. In the event that an organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the UDA Development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Board of Township Supervisors may serve written notice upon such organization or upon the residents and owners of the UDA 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 of maintenance be corrected within sixty (60) days thereof, and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. The notice should also define the penalty and or fines that may be imposed as a result of the failure to maintain. At the hearing the Board of Township Supervisors may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.
D. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said period of sixty (60) days or any extension
22 thereof, the Board of Township Supervisors, in order to preserve the taxable values of the properties within the UDA 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 to be established by the Board of Township Supervisors. Said maintenance shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.
Before the expiration of the period of Township maintenance, the Board of Township Supervisors shall, upon its initiative or upon the request of the organization heretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the UDA Development, to be held by the Board of Township Supervisors, at which hearing such organization or the residents of the UDA Development shall show cause why such maintenance by the Township shall not, at the option of the Board of Township Supervisors, continue for a succeeding period of time. If the Board of Township Supervisors 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 the initial time period. If the Board of Township Supervisors shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Board may, in its discretion, continue to maintain said . common open space during the next succeeding time period and, subject to a similar hearing and determination, in each time period thereafter.
E. The decision of the Board of Township Supervisors shall be subject to the appeal to court in the same manner, and within the same time limitation, as is provided for zoning appeals in the Middlesex Township Zoning Ordinance.
G. The cost of such maintenance by the Township shall be assessed ratably against the properties within the UDA Development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Board of Township Supervisors shall have the right to file a lien upon the properties within the UDA Development for collection of such cost and to otherwise stand in the stead of the organization in enforcing its collection remedies.
SECTION 16.09 -DEVELOPMENT IN PHASES
A. A UDA Development may be developed in phases if the following standards are met:
1. The location and approximate sequence of construction of each phase must be delineated on the Master Development Plan.
2. All phases must be set up to be completed sequentially and. must be consistent with the Master Development Plan.
23 ...... __ ...... ---- ...... -... -...... I ...... - - ... - ...... 3. If phases are not completed sequentially and are instead varied, the developer must present a valid reason such as utility extension costs or real estate market conditions.
4. All phases must be of a size and location that they constitute economically sound units of development.
5. A condition must be placed on the plan that at least 70% of all dwelling units in any given phase must be completed before any non-residential, commercial construction within that phase can begin.
6. A developer's agreement shall be submitted and upon approval of the Board of Supervisors, entered into with the Township, which establishes the project commencement and completion dates of each phase of the development, the active and passive recreational use facilities, community facilities and open space.
SECTION 4: Article XVIII of the Middlesex Township Zoning Ordinance is hereby amended to include the following new section designated as Section 18.13:
SECTION 18.13 -CONDITIONAL USES.
A. For any use permitted as a conditional use, conditional use approval must be obtained from the Board of Supervisors in accordance with the requirements and procedures of this section.
B. Any request for conditional use approval shall be made by the submission of an application together with 15 copies thereof to the Zoning Officer, which application shall contain and be submitted with the following:
1. Ground floor plan and elevations for all proposed structures for non- residential use;
2. Names and addresses of all adjoining property owners including owners of property located directly across any public road or right-of-way;
3. A scaled drawing of the site (the "site plan") containing sufficient detail to demonstrate compliance with all applicable provisions of this Ordinance and including location of all existing and proposed structures and identification of use; location of access drives and parking area, existing and proposed contours, storm drainage calculations, site location and metes and bounds of the tract;
24 .. .. . -- ...... - ......
. _____. .-...... _. 4. A written description of the proposed use in sufficient detail to demonstrate compliance with all applicable provisions of this Zoning Ordinance;
5. Any other documents, reports and information required to be submitted for conditional use approval as specified in other provisions of this Zoning Ordinance; and
6. The payment of an application fee of $600.00 for conditional use approval, which fee may be changed from time to time by Resolution of the Board of Supervisors. The application fee shall cover the administrative, notice and advertising costs associated with processing and hearing the conditional use application. In addition, all applicants shall be required to pay for all costs for the attendance of a stenographer at the applicant’s conditional use hearing together with any costs necessary to transcribe the record of the hearing if requested by the Township. Such costs shall be paid by applicant with thrty (30) days of the mailing of any statement by the Township for such costs. With respect to any conditional use application for a UDA Development, the applicant shall deposit with the Township the sum of $1,000.00, which sum shall be in addition to the application fee and stenographic costs, to be utilized by the Township for the payment of reasonable charges incurred by the Township’s consultants and/or engineers for review and report to the Township with respect to UDA Development application. The fees charges shall be based on fee schedules or rates adopted by Resolution of the Board from time to time and may include rates adopted after the submission of an application for conditional use approval of a UDA Development for professional consultants utilized by the Township as a result of the specific application submitted. The applicant shall be responsible for the payment of any engineer and consultant fees in excess of the sum deposited and will pay same within thirty (30) days after the final hearing on the conditional use application. The Township shall refund any unused portion of the sum deposited within thirty (30) days after the final hearing. The provisions of Section 309 of the Middlesex Township Subdivision and Land Development Ordinance shall apply in the event of a dispute by the applicant with respect to any fees charged for consultants or engineers.
C. Each applicant requesting conditional use approval must demonstrate compliance with the following criteria:
1. That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
25 ...... -- . - ...... - - - - - ...... 2. That the conditional use will not be injurious to the use and enjoyment of adjoining or nearby properties nor substantially diminish or impair property values within the neighborhood.
3. That the conditional use will not effect a change in the character of the subject property's neighborhood.
4. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district.
5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion and to facilitate the circulation and movement of pedestrian and vehicular traffic.
6. That adequate utility services and facilities such as sanitary and storm sewers, water, trash and garbage collection and disposal, access roads, fire, police and ambulance protection and other necessary facilities have been or are being provided.
7. That the proposed use is not inconsistent with the planning policies of the Township as contained in the comprehensive plan.
8. That the proposed use is not inconsistent with the intended purpose of the zoning district and any applicable overlay district.
In addition to the above criteria, each applicant is required to demonstrate compliance with any specific criteria applicable to the conditional use as set forth in any other provisions of the Zoning Ordinance.
D. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards in addition to those expressed in this Ordinance as it deems necessary to implement the purposes of this Ordinance and the Pennsylvania Municipalities Planning Code. Such conditions shall be enforceable by the Zoning Officer and failure to comply with such conditions shall constitute a violation of this Ordinance and be subject to the penalties described in this Ordinance.
E. Any site plan presented in support of the conditional use pursuant to Section 18.13 shall become an official part of the record for the conditional use. Approval of any conditional use shall be binding upon the applicant with respect to the submitted site plan; therefore, should any change be required as part of the approval of the use, the applicant shall submit a revised site plan prior to or as a condition of conditional use approval. Any proposed subsequent changes to the use on the subject property not reflected on the site plan upon which conditional use approval was granted shall require the obtainment of another conditional use
26 ...... - ...... -~ -
-- - . - . - .- ...... __ ..- approval except in the case of a Master Development Plan for those changes that are approved by the Board of Supervisors pursuant to Section 16.04F.1 of this Ordinance.
F. Before voting on the approval of a conditional use, the procedures and requirements set forth below shall be followed:
1. Upon the submission of the items noted in Section 18.13B to the Zoning Officer, copies of the application shall be submitted to the Planning Commission at least thirty (30) days prior to the hearing on the application by the Board of Supervisors. The Planning Commission shall consider the application based upon the criteria set forth in this Section and any other applicable provisions of this Ordinance and submit its recommendations on the conditional use request to the Board of Supervisors.
2. The Board of Supervisors shall hold a public hearing on the conditional use request pursuant to public notice. The first hearing shall be commenced within sixty (60) days from the date of the submission of the application to the Zoning Officer and each subsequent hearing shall be held within 45 days of the prior hearing unless otherwise agreed to by the applicant. The Zoning Officer shall provide written notice to the applicant and all property owners -... _. identified in Section 18.13B.2 at least seven (7) days prior to the date of the public hearing and shall conspicuously post the affected tract of land with notice of the hearing at least seven (7) days prior to the date of the hearing. The hearing shall be completed no later than 100 days after the completion of the applicant's case in chief unless extended for good cause upon application to the Court of Common Pleas of Cumberland County.
3. In addition to all other powers and authority given by law to the Board of Supervisors, the Board of Supervisors, by its Chairman, or in the Chairman's absence the Vice-chairman or Acting Chairman, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of documents and things. Any stenographer present for purposes of recording the proceedings shall also have the authority to administer oaths. The Board of Supervisors shall also have the power to request that all persons who wish to be considered parties enter an appearance in writing on forms provided for that purpose.
4. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine witnesses on all relevant issues. The formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
5. The Board of Supervisors may keep a stenographic record of the proceedings, in which event the appearance fee for the stenographer shall be shared equally
27 by the applicant and the Board of Supervisors. Each party or person requesting a copy of the transcript of the proceeding shall be responsible for paying the cost and/or fee for the transcript.
6. The Board of Supervisors may in its discretion appoint any Supervisor or an independent attorney as a hearing officer to conduct the hearing on the conditional use application.
G. The Board of Supervisors shall render a written decision or, when no decision is called for, make written findings on the conditional use application within forty- five (45) days after the last hearing before the Board of Supervisors. Where the application is contested or denied, the decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code or any rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in light of the facts found.
H. The following time limitations or constraints shall apply in the event a conditional use is granted, except any conditional use granted for a UDA Development:
1. All necessary permits shall be secured and the authorized action begun within two (2) years after the date when the conditional use is granted, and the construction or alteration, as the case may be, shall be completed within three (3) years of said date. For good cause, the Board of Supervisors may upon application in writing extend either of these deadlines.
2. Should the applicant fail to obtain the necessary permits within the said two (2) year period, or having obtained the permits should fail to commence work thereunder within the two (2) year period, it shall be conclusively presumed that the appIicant has waived, withdrawn, or abandoned the application, and all approvals and permits granted to the applicant shall be deemed automatically rescinded by the Board of Supervisors.
3. Should the applicant commence construction or alteration within said two (2) year period, but should the applicant fail to complete such construction or alteration within said three (3) year period, the Board of Supervisors may, upon ten (1 0) days notice in writing, rescind or revoke the granted conditional use, if the Board of Supervisors finds that no good cause appears for the failure to complete within the three year (3) period, and if the Board of Supervisors further finds that conditions have changed in the interval since the granting of the conditional use that revocation or rescission of the action is justified. 4. As an alternative LO the preceding, an applicant can rcquest, as part of the original application, the granting of a timetable associated with the request which would supersede die deadlines imposed in Section 18.13H.1. In so
28 ~ --- - - _____-- doing, thc applicant must demonstrate hat the times requested are logically related to normal and expected progress of the project and any related subdivision and land development approvals. In approving a timetable under this section, the Board of Supervisors must establish and find a definite time frame for (1) issuance of permits; and (2) completion of construction of the project.
SECTION 5: Except only as amended, modified and changed herein, the Middlesex Township Zoning Ordinance as originally enacted and as previously amended shall remain in all other respects in full force and effect.
SECTION 6: If any section, sub-section, provision, regulation, limitation, restriction, sentence, clause, phrase or word in this Ordinance is declared by any reason to be illegal, unconstitutional, or invalid by any court of competent jurisdiction, such decision shall not effect or impair the validity of this or the Middlesex Township Zoning Ordinance as a whole, or any other section, sub-section, provision, regulation, limitation, restriction, sentence, clause, phrase, word or remaining portion of this or the Middlesex Township Zoning Ordinance. The Board of Township Supervisors hereby declares that it would have adopted this Ordinance and each section, sub-section, provision, regulation, limitation, restriction, sentence, clause, phrase and word thereof, irrespective of the fact that &y one or more of the sections, sub-sections, provisions, regulations, limitations, restrictions, sentences, clauses, phrases or words may be declared illegal, unconstitutional or invalid.
SECTION 7: This Ordinance shall become effective in accordance with applicable law.
ORDAINED AND ENACTED this 2day of Rtohr ,2002.
29 ATTEST: TOWNSHIP OF MIDDLESEX
Townsdip Secret v Supervisors /
30