This Article identifies special regulations for: principal and accessory uses; limitations to development within the carbonate geology areas, along the Delaware Canal and around historic areas; controls to development through buffer area and landscaping treatment; and safeguards to development through the mitigation of adverse environmental impacts.
In addition to the regulations set fourth in Section 1908, the following shall apply:
A.Single-family detached dwellings
The following shall apply to mobile homes and pre-fabricated and modular dwellings:
1. Each such building shall be placed on a pad, or a footing or foundation at least equal in length and width to the dimensions of the building to be placed thereon.
2. The pad, at least six (6) inches in thickness, shall be constructed of reinforced concrete to support the building and to prevent abnormal settling or heaving under the weight of the home. The corners of the building shall be secured to prevent wind overturn and rocking with at least six (6) tie-downs such as concrete "dead men", screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.
B. Mobile Home Park
1. A distinction shall be made between single-wide (single width) mobile homes and double-wide (double width) mobile homes and shall conform to the following standards and all Environmental Controls of Section 1811.
2. For planning and enforcement purposes a plan shall be prepared that provides each mobile home with a lot that complies with the following dimensional standards and requirements:
3. All mobile homes shall be set back from existing abutting public streets or roads. These minimum setback lines shall be measured from the street line:
Arterial Highway 120 feet
Collector Road 80 feet
Local Road 60 feet
Residential 50 feet
Marginal Access Street 40 feet
4. An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. The hitch which is employed for the normal movement of the unit shall be removed.
5. No mobile home shall be erected on a mobile home lot except upon a mobile home pad. Each mobile home unit shall have its own separate pad.
6. Off-Street Parking
a. Three (3) off-street parking spaces shall be provided for each mobile home lot, of which two (2) shall be on the mobile home lot. All parking spaces and driveways shall be at least five (5) feet from any side or rear mobile home lot line.
b. Where recreational facilities are provided within a mobile home park, the same -shall be equipped with adequate off-street parking facilities in accordance with Article 16.
c. Parking shall be prohibited on internal roads and it shall be the duty of the owner or operator of the mobile home park to enforce this provision.
Service Buildings
Within a mobile home park non-residential uses such as a management office, storage facilities for the park residents, laundry facilities, maintenance building and storage for park maintenance equipment and a community room for the use of the park residents may be constructed subject to the following.standards:.
a. A maximum of ten (10) percent of the base site area may be used for these purposes. Included in computing the area shall be the buildings, parking and all required setbacks.
b. All service buildings must be set back at least fifty (50) feet from adjacent mobile homes.
c.All service buildings must be set back fifty (50) feet from interior streets in the mobile home park.
C. Group Homes
The following standards must be met in order to qualify for this use:
1.The number of persons living in such a group home including support staff shall not exceed ten (10).
2. A group home shall be permitted only if it complies with applicable State regulations. Proof of compliance with all applicable State regulations shall be furnished to the Township Zoning Officer when filing the application for the conditional use.
3. There shall be off-street parking provisions to accommodate a minimum of ten (10) vehicles. Six (6) parking spaces must be constructed and four (4) may be kept in reserve and need not be constructed unless the Board of Supervisors decide at a future time that the existing six (6) spaces are insufficient to handle the needs of the particular group home use, at which time they shall be constructed within six (6) months or the group home's occupancy permit will be suspended until the parking spaces are installed. Said parking spaces shall be constructed so that no more than two (2) spaces appear in the front yard, thereby confining the remainder of the parking to the rear and side yards. The maximum number of parking spaces allowed for any particular group home use is one and one-half (1 1/2) spaces per resident in said group home.
4. No group home shall be constructed within one-half (1/2) mile radius of any other group home (measured from unit to unit).
5. All group homes shall have a minimum of two thousand (2,000) square feet of building area, exclusive of building area covered by a garage or other similar building. For group homes housing more than six (6) residents, an additional one hundred and twenty-five (125) square feet shall be required for each additional resident above six (6). (Maximum number of residents is ten (10).)
D. Life Care Facility
1. The use shall provide both full care facilities as well as complete living units for individuals requiring no care. The residents of the independent living units may take some or all of their meals in a common dining room.
2. Permitted housing types
a. Single-family detached
b. Twin
c. Multiplex
d. Apartment buildings
3. Minimum building spacing - fifty (50) feet
4. Support Facilities
a. Retail facilities for the use of the residents and their guests only. No outside advertising for these facilities is permitted.
b. The life-care retail facilities may occupy no more than one tenth of one percent (0.1%) of the total floor area.
c. Retail facilities are limited to the following uses: barber shop, beauty parlor, pharmacy (as an adjunct to the life-care nursing facility), commissary, newsstand, snack bar/coffee shop, handicraft shop, post office.
d. The nursing facility shall be designed to provide full-time care for individuals who cannot care for themselves. Nursing beds within this facility shall not exceed one (1) bed per three (3) dwelling units.
e. Other support facilities include, but are not limited to, lounge areas, reading rooms, craft rooms, common dining facilities and recreational rooms.
5. Open space and passive recreational areas shall be in accordance with Article 20.
6. Off -Street Parking There must be .85 off-street parking spaces per bedroom in addition to one (1) off-street parking space for each employee on the shift of greatest employment. All parking lots shall be located to the side and rear of the building, unless the parking is totally concealed from the street by berms and/or planting, or the parking is located more than two hundred (200) feet from the street.
7. Fire Protection--All rooms shall be provided with a sprinkler system f or f ire protection and shall contain and be served by a wet charged standpipe to the top floor. All units shall be equipped with smoke detectors that shall be hard-wired and monitored by a central monitoring facility.
At the time of application, the developer of a life-care facility shall submit to the Township a transportation plan which shall outline a transportation service for the residents, to be provided by the owner or manager, providing access to primary services at reasonable intervals. This plan must be approved by the Township as a condition for approval of use.
9.Safety Features--It is necessary in the design and development of a life-care center, that the safety and physical capabilities of the future residents be considered. The design features of the life-care center shall be such that potential dangerous situations are minimized and the independence and mobility for the residents maximized. The developer will be required to submit architectural drawings to the Township and to the Pennsylvania Department of Licensing and Inspection to ensure that this is the case. All buildings are subject to the Township building code.
E. Full Care Facility
1. Open space and passive recreational areas shall be in accordance with Article 20.
2. Off-Street Parking There must be .85 off-street parking spaces per bedroom in addition to one (1) off-street parking space for each employee on the largest shift. All-parking lots shall be located to the side and rear of the building as it faces the street.
3. Fire Protection All rooms shall be provided with sprinkler systems for fire protection and shall contain and be served by a wet charged standpipe to the top floor. All units shall be equipped with smoke detectors that shall be hard-wired and monitored by a central monitoring facility.
4. Safety-Features It is necessary in the design and development of a full-care center, that the safety and physical capabilities of the future residents be considered. The design features of the full-care center shall be such that potentially dangerous situations are minimized and the independence and mobility for the residents maximized. The developer will be required to submit architectural drawings to the Township and to the Pennsylvania Department of Licensing and Inspection to ensure that this is the case. All buildings are subject to the Township Building Code.
F. Multi-Family Residential Development
1. Spill-Over Parking A minimum of 0.5 spill-over parking spaces per unit shall be required for all permitted housing types. The required spill-over parking may be provided for on-street or in common parking lots for the following housing types: single-family detached, single-family detached off center, twins, duplexes, townhouses, patio houses and atrium houses.
2. In the case of garden apartments and mid-rise apartments, parking shall be provided for in common parking lots. In all cases, spill-over parking shall be provided in accordance with the Township Subdivision and Land Development Ordinance.
3. Multiplex Units
a. Units may be arranged in a variety of configurations; side-by-side, back-to-back, or vertically. The essential feature is the small number of units attached. No more than five (5) units shall be attached in any building, and all multiplex buildings shall average no more than four (4) units per building.
b. Table of Dimensional Requirements
minimum lot area per dwelling unit 2,500 sq. ft.
minimum side yard (each) 15 feet
minimum rear yard 25 feet
- at setback line for lots with required minimum lot size of 6,000 square feet 60 feet
- with required minimum lot size of over 6,000 square feet 80 feet
4. Townhouse Units
a.Table of Dimensional Requirements
minimum lot area per dwelling unit 2,000 sq. ft.
(for other than Fee Simple ownership, i.e. condominium, minimum ground area per dwelling unit) 2,000 sq. ft.
minimum rear yard 30 feet
b. In the event the units are not fee simple, the dimensions shall apply to building lines.
5. Garden Apartments
a. Table of Minimum Dimensional Requirements
G. Day Care Center
1. The use shall be conducted in a building designed as a single-family detached residence, and all buildings shall be designed for the safety and well-being of the occupants.
2. An outdoor play area shall be provided and shall be set back one hundred (100) feet from a property line. This area shall be fully enclosed by a six (6) foot high wooden fence and shall be located to the side or rear of the lot. The minimum required areas of such an outdoor recreational facility shall be two hundred (200) square feet for each child.
3. The maximum number of children shall be ten (10) children per acre.
4. Prior to the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter 11, Section 8A of the Department of Public Welfare's Social Services manual by that Department to the applicant, subject to licensure under Article X of the Public Welfare Code.
H. Kennel
1. No animal shelter or runway shall be located closer than two hundred (200) feet from a property boundary, and three hundred and fifty (350) feet from any building, other than that of the operator.
2. The total number of dogs on the property shall not exceed three (3) dogs per acre, excluding dogs under six (6) months old.
3. Any storage of manure shall be located at least one hundred fifty (150) feet from any property line or street line.
4. All dogs shall be confined so that they ca not run free or leave the property.
5. One (1) single-family dwelling is permitted on the same tract with this use, provided it meets all applicable dimensional requirements of the district.
6. All runways or other areas where dogs are kept or exercised outdoors shall be totally screened by opaque fencing or plantings.
I. Private Recreational Facility
1. No outdoor active recreation area shall be located closer than one hundred (100) feet to any lot line.
2. Outdoor play areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbance and shall comply with the buffer area requirements.
J. Community Center
1. The use shall not be conducted as a private gainful business.
2. No outdoor recreation area shall be located nearer to any lot line than one hundred (100) feet; side yard fifty (50) feet; and rear yard one hundred (100) feet. All such areas shall be screened by fencing and/or plantings.
K. Golf Course
1. A golf course may include as accessory uses a club house, a restaurant cocktail lounge, swimming pool, driving range, tennis courts and a pro shop.
2. Lot Area
Regulation 18 hole 6000-7000 yards in length 130 acres
Executive 18 hole 3000-4000 yards in length 60 acres
Nine Hole 3000-3500 yards in length 60 acres
Par 3, 18 hole 2000-2500 yards in length 45 acres
3. No building, fairway, tee or green shall be closer than one hundred fifty (150) feet to any lot line.
4. Parking areas shall be screened when within fifty (50) feet of a lot line.
L. Office Park
1. At least seventy (70) percent of the total floor space of the park shall be utilized for office uses.
2. Accessory outside storage or display of materials or goods is not permitted.
3. Lighting facilities shall be provided and arranged in a manner that will protect the highway and neighboring properties from direct glare or hazardous interference of any kind.
4. All uses within the office park shall take access from an interior roadway. Access for the park shall be from an arterial or collector highway.
5. Parking facilities may be located to the front, side, or rear of any building; no closer than ten (10) feet to any building, or property fine unless specified hereafter. In the event the parking stall is located to allow a vehicle to face a building, then the set back shall be fifteen (15) feet. A thirty-five (35) foot set back shall apply for parking in the front yard and a fifty (50) foot set back shall apply for parking directly adjacent to residential uses. Where the provisions of this paragraph conflict with the provisions of Section 5.17 of the Solebury Township Subdivision and Land Development Ordinance, the provisions of this paragraph shall govern.'
6. Interior roadways shall have street trees in accordance with Section 1908.
7. All commonly owned elements shall be owned and maintained in accordance with the Pennsylvania Uniform Condominium Act and meet the approval of the Township.
8. Either a loading facility or drop-off circle/lane shall be provided for each building in an Office Park. Drop-off circles/lanes shall be sufficient to allow service, delivery and emergency vehicles to operate without impeding other vehicle traffic flow.2
9. 9. A (25) twenty five foot minimum set back shall be met for building locations from the main entrance drive. The ten (10) foot minimum set back shall otherwise apply for all paved non-parking vehicle areas throughout an Office Park.3
10.A minimum building spacing of fifty (50) feet shall exist between each new building to be constructed within an Office Park. A maximum building footprint of 15,000 square feet and a maximum total building size of 40,000 square feet shall apply to new buildings within an Office Park..
M. Adult Commercial
This use is subject to the following conditions:
1. The building or structure of such use shall be located no less than one thousand (1,000) feet from any residential use or district, public or private school, church, recreation facility or any other religious, institutional, or educational use.
2. No such use shall be located within two thousand (2,000) feet of a similar use.
3. No person under the age of eighteen (18) years shall be permitted within an adult commercial store or sold any pornographic material.
N. Village Retail
The retail sale of goods and commodities where all of the items for sale shall be contained and sold from within the building. This use does not include the sale of items such as: automobiles, trucks, motorcycles, farm equipment, boats, recreational vehicles, and gasoline.
1. Exterior pole mounted lighting fixtures shall not exceed ten (10) feet in height The source of illumination shall be recessed and shielded within the fixture itself and shall not exceed an average of one foot candle.
2. Outdoor collection stations provided for garbage and trash removal shall be screened by a six (6) foot solid wooden fence or wall.
O. Restaurant
1. Service areas provided for delivery trucks shall be screened from the street and adjacent properties by a six (6) foot high solid wooden fence or wall.
2. Such service area shall be so located that it does not cross with patron traffic, either vehicular or pedestrian.
3. Outdoor storage areas for refuse or trash, shall be screened by a six (6) foot high solid wooden fence or wall.
P. Amusement Hall and Arcade
1. Automatic amusement devices or games in such facilities are coin-operated machines, mechanical machines or electronic machines which operate or may be operated as a game or contest of skill or amusement of any kind or description. Such devices shall be regulated within this use in any location where more than four (4) such devices are located.
2. This use shall be located no closer than one thousand and five hundred (1,500) feet, measured in all directions, to a school or church.
3. This use shall only be operated between the hours of 10:00 a.m. and 9:00 p.m.
4. No audio speakers or equipment shall cause sounds to emanate from the exterior of the premises.
Q. Outdoor Motion Picture Establishment
1. Such uses shall have frontage on an arterial or collector highway and all access shall be taken from the arterial or collector highway. The applicant shall provide sufficient vehicle stacking area or an internal access road to insure that entering vehicles will be able to pull off the road.
2. The showing of obscene material as defined by Pennsylvania Statute shall be prohibited.
3. The motion picture screen shall be no closer to any property line than one hundred (100) feet. Other buildings shall be subject to the minimum yard requirements of the zoning district.
4. The screen viewing surface shall not be visible from a public street.
5. Neither a public address system nor a general speaker system shall be permitted.
6. The applicant shall provide a plan for buffering in accordance with Section 1908, and shall provide along any property line along a residentially zoned district or a property line with an existing residential use and along any road, a six (6) foot high solid wooden fence.
R. Motor Vehicle Fuel Station
Motor vehicle fuel station is a facility whose function is the sale of gasoline and fuels for motor vehicles. Minor automobile accessories and prepared, pre-packaged food and beverage items may also be sold, subject to the limitations of this Ordinance. Convenience commercial floor areas shall be limited to 2000 square feet. Routine automobile service and inspections may be performed and may include lubricating, repairing or otherwise servicing motor vehicles but shall not include painting, body and fender repairs, or vehicular sales. This use is distinguished from and does not include a Motor Vehicle Service Center/Repair Shop where automobile parts and accessories are sold and installed within the facility but where there is no sale of fuel. Any facility which provides for gasoline or fuel sales directly to retail customers shall be considered to be a Motor Vehicle Fuel Station and shall meet the requirements of this use and shall only be permitted in the zoning districts where this use is permitted.
1. Dimensional Requirements:
Minimum lot width along all streets 250 feet
Minimum distance between all buildings and structures and any residential district or use 100 feet
2. This use shall be permitted only where there is frontage on an arterial road. Ingress and egress shall be at least 100 feet from the intersection of any street right-of-way.
3. All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
4. Fuel pumps and canopies shall be at least twenty-five feet (25) from any future street right-of-way. Each pump shall be equipped with a fire suppression device.
5. All automobile parts and similar articles shall be stored within a building.
6. All refuse shall be stored within a building or enclosed area.
7. Paint spraying or body and fender work shall not be permitted.
8. Tire changes, and minor repairs are permitted if performed entirely within a building.
9. No damaged or unlicensed vehicles shall be stored on the site.
10. No drive-through windows are permitted for sale of convenience items.
11. This use shall not be permitted within 1000 feet of any pre-existing public or private drinking water supply system or well. Monitoring wells shall be provided.
12. Parking shall be provided for any convenience commercial or convenience store use that is part of the facility. Parking shall be striped and shall not interfere with access ways or fueling areas.
13.Applicant shall present a plan to demonstrate the methods by which any underground leaks or spills of liquids will be contained and shall also demonstrate that the storm water management system is designed to capture volatile organic compounds, oils, and solids. The following standards and procedures shall be met:
a. The design, layout and construction of the service station use including underground storage tanks shall be in accordance with engineered plans which shall be subject to review by the Township Engineer and approval by the Board of Supervisors.
b. Underground storage tanks shall be double wall fiberglass tanks constructed in accordance with specifications submitted by the applicant and approved by the township and having the following features:
1) The interstitial space between the two walls of the fiberglass tanks shall be filled with brine and monitored for level fluctuations.
2) Changes in level of the liquid between the walls must activate a store alarm with notification to a central monitoring system. Within two hours of any event that activates the alarm, management of the service station, shall investigate the cause of the alarm and determine whether it is due to a breach in the fuel containment system. In the event of a breach, the system shall be immediately shut down, the cause of the breach determined and all reasonable and necessary steps to remediate the conditions created by the breach shall be taken.
3) Fuel lines from the tanks to the dispensers shall be two inch, double walled flexible lines. The product lines shall be placed in four-inch geoduct corrugated pipe. Leak detection devices shall be provided for the double walled flexible lines. All joints of the supply lines shall be in sumps with water and hydrocarbon detection. Dispensers shall be equipped with shear valves, the hose with a double break away poppet valve and an automatic shutoff unit in the base. All leak detection systems shall be equipped with automatic alarms notifying the attendant that the system has detected a change with an automatic dial-in system notifying a central monitoring service. Any joints in either the product lines or the geoduct lines shall be located within containment units.
4) The components of the leak detection system shall be inspected on a regular basis in accordance with manufacturer's recommendations. A schedule of periodic inspection shall be provided to the township prior to the issuance of an occupancy permit, and the results of the inspection shall be provided to the township within fifteen (15) days of the occurrence of an inspection.
c. In addition to the fuel containment and leak protection system described above, the applicant shall maintain a well monitoring system at the site as follows:
1) Prior to approval, applicant shall establish four (4) wells around the perimeter of the property in a manner approved by the Township Engineer. One of the four wells shall be located approximately ten feet from the perimeter of the tank field where the underground storage tanks will be located. Prior to final land development approval, the wells shall be tested for the following contaminants: benezine, tolulene, ethylbenezine, xylene, MTBE and degreasing solvents. EPA method number 524.2 or such other standard as may be current at the time the test is conducted, shall be used with the addition of testing for MTBE. The results of the testing shall be provided to the township prior to final land development approval and within ten days of receipt of same.
2) In addition to the above wells, two (2) shallow observation wells having a depth of approximately 15 feet shall be established on diagonal sides of the Underground Storage Tanks.
3) The shallow observation wells shall be tested prior to placing the Underground Storage Tanks in service to determine whether any of the substances identified under 3.a above are present and if so, the amounts. If at any time there is no ground water in an observation well, ground water testing shall not be required for that well.
4) On a quarterly basis commencing the 90th day after the Underground Storage Tank is put in service, applicant/owner shall obtain a sample from each of the four (4) wells described in 3.a above, taken in accordance with a methodology approved by the Township Engineer, which shall be tested utilizing EPA method 524.2 or the then current standard with the addition of MTBE and the results of such testing shall be provided to the township. If any test reveals the presence of contaminants meeting or exceeding Environmental Protection Agency standards or Pennsylvania Department of Environmental Protection standards, applicant shall undertake an investigation as to the source of the contaminants and, if the contaminants originate from the property, provide a remedial action plan designed to remove the contaminants and to prevent their migration off site. If the investigation reveals that the contaminants originated off site, applicant shall provide notice to the township indicating the likely source of the contaminants.
14. This use shall comply with all applicable state and federal regulations regarding the sale and storage of fuel. In the event of a conflict between regulations, the stricter standard shall apply.
15. No car sales are permitted.
16. Architectural design shall include: pitched roof; use of traditional or natural materials, reflective of Solebury Township architecture.6
S. Convenience Store
A.retail store offering primarily groceries, prepared food items, and other small consumer items intended for quick carry-out trade. There shall be no sale of gasoline or fuel in connection with a convenience store.
1. The sale of merchandise shall be limited to four thousand (4,000) square feet of floor area.
4. No drive-through windows are permitted.
5. Trash receptacles shall be provided outside. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be enclosed and screened from view and landscaped.
6. Architectural design shall include: pitched roof; use of traditional or natural materials, reflective of Solebury Township architecture.
7. Parking: At least 50 percent of the required parking shall be located to the side or rear of the principal building and not in the front of the building.
T. Motor Vehicle Service Center/Repair Shop
An establishment where motor vehicle parts and accessories are sold and facilities where parts may be installed; an automobile repair garage, oil changes, lubrication, paint spraying and body and fender work. The following requirements shall be met:
1. All repair, installation of parts, and paint work shall be performed within an enclosed building.
2. All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties;
3. All vehicle storage areas shall be screened from all adjacent roads and properties by a solid fence at least six feet in height.
4. Dimensional Requirements:
Minimum distance between all buildings and structures and any residential district or use 100 feet
5. No sale of fuel to retail customers is permitted.
6. If there are fuel storage tanks on the property the requirements listed below shall be met:
Applicant shall present a plan to demonstrate the methods by which any underground leaks or spills of liquids will be contained and shall also demonstrate that the storm water management system is designed to capture volatile organic compounds, oils, and solids.
This use shall comply with all applicable state and federal regulations regarding the sale and storage of fuel. In the event of a conflict between regulations, the stricter standard shall apply.
7. Wrecked vehicles or unlicensed vehicles may not be stored in the open at any time and must be completely fenced.
8. This use is permitted only on lots with frontage on an arterial road.
9. Architectural design shall include: pitched roof; use of traditional or natural materials, reflective of Solebury Township architecture.
10. Parking: Spaces within service bays shall not be used to meet off-street parking requirements.
U. Specialty Shopping Center
1. Individual stores or offices shall not exceed five thousand (5,000) square feet gross floor area.
2. The specialty shopping center shall be constructed in accordance with a unified plan, and shall be designed as a single architectural unit with landscaping approval by the Township in accordance with Section 1908.
V. Shopping Center
1. No building or permanent structure, other than a permitted sign, shall be erected within one hundred (100) feet of a street line. The distance, at the closest point, between any two (2) buildings or groups of units of attached buildings, shall not be less than thirty-five (35) feet.
2. The development shall be constructed in accordance with a unified plan and shall be designed as a single architectural unit with landscaping approved by the Township in accordance with Section 1908.
3. Outdoor storage and refuse shall be screened from view from the street or adjacent property with a six (6) foot high wooden fence.
4. The proposed development shall be served by public water supply system and public sewage disposal system.
W. Mini-Warehouse
1. The minimum aisle width between buildings shall be twenty-six (26) feet.
2. The storage facilities complex shall be surrounded by a fence at least six (6) feet in height.
3. There shall be no outdoor storage unless it is screened from view from the street or adjacent property by a wooden fence of at least six (6) feet in height.
4. The maximum size of an individual storage unit shall not exceed: two hundred fifty (250) square feet in area, and twenty (20) feet in height for the usable storage area of the building.
5. An office and residence is permitted as an accessory use to provide for a full-time manager.
6. Each group of storage units shall not exceed six thousand (6,000) square feet in size.
7. The lease for the individual storage units shall contain at least the following restrictions:
a. No business activity shall be conducted on the property other than leasing of storage units.
b. No explosive, toxic, radioactive or highly flammable materials shall be stored on the property in compliance with the provisions of Article 18.
8. Parking. One (1) space for each five (5) storage units, or if the size and number of units is flexible, one (1) space for each two thousand (2,000) square feet of gross floor area. These parking spaces should be distributed equally throughout the storage area. If a manager's living quarters are included, two (2) additional spaces are required. One (1) additional space for each twenty-five (25) storage compartments, or, if the size and number of units is flexible, one (1) space for each ten thousand (10,000) square feet of gross floor area to be located at the project office for use by prospective clients.
X. Quarry activities shall be subject to the Surface Mining Act and the following provisions:
1. Landscaping and Screening. There shall be a berm around the perimeter of the quarry, which shall be located within the required side, rear and front yard areas and not closer than fifty (50) feet from the property boundary, or where a street forms the property boundary, not closer than fifty (50) feet from the ultimate right-of-way of such street. The berm shall have a minimum height of fifteen (15) feet and maximum height of thirty-five (35) feet. The slope of sides of the berm shall not exceed a three-to-one (3:1) ratio. Berms shall be planted and all landscaping shall be in accordance with Section 1908. Erosion control measures shall be in accordance with the Solebury Township Subdivision and Land Development Ordinance.
2. Fencing. A chain-link type fence at least six (6) feet in height, surmounted by three (3) strands of barbed wire, shall be provided around the perimeter of the quarry and maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than one hundred (100) feet. The fence shall be set back at least fifteen (15) feet from any property line or street line.
3. Slope of Excavation. The quarry walls shall be sloped in accordance with the provisions of Pennsylvania Surface Mining Conservation and Reclamation Act and the Rules and Regulations adopted pursuant thereto. No slope shall be maintained exceeding the normal limiting angle of repose of the material in which the excavation or extraction should be made. No under cutting shall be permitted within any required setback area.
4. Setback. Extraction shall not be conducted closer than two hundred (200) feet to a property line nor closer than three -hundred (300) feet from the street line, nor closer than four hundred (400) feet to the point of intersection of the street line. The setback area shall not be used for any other use in conjunction with extraction except: access streets, berm, screening, directional signs, public notice signs identifying the excavation, business signs identifying the occupant, and buildings and structures in conformity with the applicable provisions of this Ordinance.
5. Lateral Support. All operations shall be conducted with sufficient lateral support to be safe with respect to: (1) hazard to persons, (2) physical damage to adjacent lands or improvements, or (3) damage to any street, sidewalk, parking area, or utility by reason of slide, sinking or collapse.
6. Stockpiles. Stockpiles shall not exceed one hundred (100) feet in height and the toe of the slope shall not be located closer than two hundred (200) feet from any property line nor closer than the hundred (300) feet from the street line.
7.Drainage. All drainage from the ste of extractive operations shall be controlled by dikes, barriers, or drainage structures sufficient to prevent any silt, debris, or other loose materials from filling any existing drainage course or encroaching on streets and adjacent properties.
8. Control of Vibration. Ground vibration caused by blasting or machinery shall not exceed the limits established by the Act of July 10, 1957, P.L. 685, as amended, 73 P.S., Sections 164-168, and the rules and regulations adopted thereunder, with the exception that blasting shall not cause a peak particle velocity greater than one (1.0) inch per second, measured at any property line or street line.
9. Operations. The mixing of rock materials with asphaltic oils or other binders for road-building and construction purposes shall only be permitted as a Conditional Use.
10. Internal Circulation. An adequate internal circulation pattern of streets shall be maintained between excavation and processing areas. The use of public streets shall not be permitted for hauling between extraction and processing.
11. All necessary precautions must be taken to ensure the safety of motorists traveling on any public highway intersected by any internal circulation pattern. These precautions shall include, but not be limited to, the following items:
a. Stop signs shall be placed at the intersection of any internal roadways with public highways, halting all internal traffic in any direction before the crossing of the public highway.
b. Street signs as permitted by PennDOT on all public highways intersected by internal roadways, at a point one hundred fifty (150) feet from the intersection of the public highway indicating that caution should be observed and that trucks will be crossing one hundred fifty (150) feet from the signs.
c. Caution lights as permitted by PennDOT are to be provided, having at least two (2) blinking yellow lights sufficient to attract the attention of a passing motorist, attached to a sign advising that caution should be observed due to a truck crossing ahead, and the signs shall be at a distance of three hundred (300) feet from the intersection of the public highway and internal roadway, or less if necessary, so that one sign faces each direction of travel upon the public highway.
12. Permits Required. The operator shall, within six (6) months of the effective date of this Ordinance, obtain a Use and Occupancy Permit in accordance with the following requirements.
a. Requirements for Such Permits. No extraction shall commence or continue on a site within a district in which the operation of a quarry is permitted unless a use and occupancy permit has been duly issued. Therefore, such permits shall be required prior to any of the following:
1) The removal or extraction of clay, rock, and or minerals;
2) The process of crushing or grading of stone, sand, clay or other minerals;
3) The leaching of minerals from clay, rock or sand;
4) The use of portion of the site for truck loading and unloading of clay, rock, sand or minerals; and
5) The stockpiling of stone, sand, clay or other materials.
b. Application for Such Permits. All applications for such permits shall be made to the Zoning Officer in writing to ascertain compliance with this Ordinance.
c. Issuance of Such Permits. No such permits shall be issued until the Zoning Officer has received the following:
1) A copy of all reports and permits, except for financial and test bore data, as required require by the Pennsylvania Surface mining Act to be maintained and renewed by the Pennsylvania Department of Environ- mental Resources, Bureau of Surface Mine Reclamation on an annual basis. Such reports and permits shall have been submitted and/or issued within one year of the date of application for such permit.
2) A contour plat, drawn to a scale of one hundred (100) feet to the inch and contour intervals of five (5) feet, showing:
a) The legal outbound as described in the deed and all adjacent tax parcels;
b) The zoning district boundary line;
c) The existing excavation pit, if applicable, and proposed location and extent of- the pit or lake;
d) The location of all existing and proposed overburden;
e) The location of all structures including all residences on adjacent parcels;
g)All existing and proposed access points and internal circulation.
d. Annual Renewal of Such Permits and Fees
1) All quarries, whether or not such quarries have been in operation prior to the adoption of this Ordinance, must obtain the use and occupancy permits for mining extraction and pay an annual fee to the municipality before January 15th beginning with the year following the year in which a permit for the operation of a quarry has been secured.
2) Upon receiving such application the Township Engineer shall inspect the site to determine that the operation is in conformance with the Department of Environmental Resources, Bureau of Surface mine reclamation annual permit and reports, and the required setbacks and all-other provisions of this Ordinance. The Township Engineer shall submit his written findings to the governing body. If the governing body finds that the application for an annual permit conforms to the Ordinance, an annual use and occupancy permit for mining extraction shall be issued. If the governing body finds that the application does not conform with the requirements of this Ordinance, the governing body shall authorize the Zoning Officer to issue a cease and desist order as provided within this Ordinance until such violation is corrected.
13. Parking. Off-street parking spaces shall be provided as the Board of Supervisors determine to be adequate to serve customers, employees, visitors, and vehicles normally parked on the premises.
Y. Recycling and Refuse Facility
1. The storage of two(2) more motor vehicles not having valid inspection issued by the Pennsylvania Department of Transportation, excluding farm vehicles, or two (2) or more wrecked or broken vehicles, or the major parts of two (2) or more such vehicles, shall be deemed to make the lot a recycling or refuse facility.
2. The land area used for such purposes shall not be exposed to public view from any residence or public street.
3. Such uses shall be entirely enclosed by a solid fence or wall, at least six (6) feet high and constructed of wood, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair, and except for a brick wall neatly painted in a uniform color.
4. A dense evergreen tree buffer planting strip shall be provided on the outside perimeter of the fenced area. Evergreen trees shall be at least six (6) feet in height and planted on nine (9) foot centers in two (2) staggered rows. All landscaping shall be in accordance with Section 1908.
5. The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
6. The storage of paper shall be within a building.
7. Dumping of trash, landfill operations and/or burning of any related materials shall be prohibited.
8. The area where processing occurs shall be sealed to prevent groundwater contamination and shall provide groundwater monitoring wells as required and approved by the Township.
Z.Solid Waste Landfill
1. Operation of any solid waste landfill shall at all times be in full compliance with the Statutes of the Commonwealth of Pennsylvania, and the Rules and Regulations of the Department of Environmental Resources and the provisions of this Ordinance. In the event that any of the provisions of this part are less restrictive than any present or future Rules of Regulations of the Department, the more restrictive Department Rules or Regulations shall supersede and control the operations of such solid waste landfill.
2. Suitable measures to prevent fires shall be taken by means and devices mutually approved by the Department of Environmental Resources and the Township.
3. A solid waste landfill operation shall be under the direction at all times of a responsible individual who is qualified by experience or training to operate a landfill.
4. Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumpm*g, every solid waste landfill shall be protected by locked barricades, fences, gates or other positive means designed to deny access to the area at unauthorized times or locations.
5. Unloading of waste shall be continuously supervised.
6. Measures shall be provided to control dust. To control blowing paper, a fence shall be erected with a minimum height of six (6) feet with openings not more than three inches by three inches (3" x 3") along any boundary over which such a nuisance may be spread. The entire area shall be kept clean and orderly. Cracks in, depressions, or erosion of cover shall be repaired daily.
7. Hazardous materials including, but not limited to, highly flammable materials, explosives, pathological wastes radioactive materials, liquids, garbage and sewage, shall not be disposed of in a solid waste landfill.
8. Litter control shall be exercised to confine blowing litter to the work area and a working plan of clean up of litter shall be accomplished.
9. Salvaging shall be conducted by the operator only and shall be organized so that it will not interfere with prompt sanitary disposal of waste or create unsightliness or health hazards. The storage of salvage shall be controlled in a manner that will not permit the inhabitation or reproduction of deleterious vectors.
10. The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling onto the fill, and to prevent the collection of standing water. The operator shall comply with the requirements of Chapter 75 and Chapter 102 of Title 25, Pennsylvania Code and applicable Township Ordinance so that there is not adverse off-site impact from the drainage of surface water.
11. A final inspection of the entire site shall be made by the Department of Environmental Resources and the Township and their authorized representatives to determine compliance with approved plans and specifications before the earth-moving equipment is removed from the site. Any necessary correction work shall be performed before the solid waste landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded and uneven areas in the final cover during the first two (2) years following completion of the solid waste landfill.
AA. Incinerator
1. All incinerator facilities shall conform to the standards set forth by the Pennsylvania Department of Environmental Resources.
2. A written plan of operation delineating procedures to be carried out for the daily operations, types of wastes to be accepted, method to be used in disposing of residue, procedures for handling wastes in the event of emergencies or shutdowns, management of plant discharge waters, and procedures to be used for evaluating incinerator operations shall be submitted with the application for permit.
3. Upon approval of the plan of operations, construction plans, specifications, and supporting information, a permit will be used. A permit shall not be required for private facilities processing less than fifty (50) pounds per hour average, on-site generated waste, provided such waste is non-hazardous.
4. Any change subsequent to the issuance of the permit shall be submitted to the Department of Environmental Resources for review and approval.
5. As a minimum, the following information shall be provided and iutilized as a basis for design of the facility. Solid waste characteristics shall be determined by estimate or sampling and analysis using procedures acceptable to the Department of Environmental Resources and including the following:
a. Types and volumes of solid waste to be incinerated.
b. Data on moisture content.
c. Data on volatile matter, fixed carbon, and ash stated as a percent of total dry weight.
d. Heating values expressed as Btu/lb.
e. Analysis of wastes that may create special environmental pollution problems.
f. A schematic diagram of the facility indicating the operational flow pattern, the mechanical components, and a manufacturer's warranty indicating the capacities, capabilities, and compatibility of the various. parts specified for the facility.
g.Other characteristics as may be required by the Department of Environmental Resources including, but not limited to, calculations and shop drawings.
6. Incinerator and related structures shall contain all facilities as required to comply with State and local codes and such utilities as may be necessary for proper incineration.
7. Refuse storage facilities shall be provided to conform to the operation of the incinerator. They shall be designed to eliminate nuisances and to facilitate incinerator operations.
8.Incinerator effluents shall conform with the following:
a. Solids, residue, fly ash, and siftings shall be disposed of as approved by the Department of Environmental Resources.
b. The effluent from an incinerator shall be treated as an industrial waste and subsequently handled as approved by the Department of Environmental Protection.
c. Gaseous and particulate emissions from an incinerator shall conform to the prevailing State and local air pollution control codes and regulations.
9. Provision shall be made for temporary storage of bulky and non-incinerable materials and for removal once each operating day to a disposal site.
10. Hazardous wastes may be incinerated only with approval of the Department of Environmental Resources.
11. Performance evaluations shall be made in accordance with the following:
a. An acceptable performance evaluation in which the installation displays conformity to design specifications shall be made and submitted to the Department of Environmental Resources within one (1) year of the date of contract completion by the applicant.
b. A suitable performance period not to exceed one hundred eighty (180) calendar days shall precede the performance evaluation.
12. Availability of operation guides shall be governed in accordance with the following:
a. A minimum of one (1) set of engineering drawings, as built and updated, shall be available on premise for reference by operation and maintenance personnel.
b. Equipment operation and maintenance manuals shall be available for reference by employees.
13. Housekeeping routines and grounds maintenance shall be performed to ensure that dust and dirt do not accumulate and that grounds are maintained free of litter or debris.
14. Floors shall be drained and free of standing water.
BB. Solid Waste Management Facility
1. A solid waste management facility may include one or more of the facilities set forth in subsections Y, Z, and AA of this Section, and may include any other solid waste management facility permitted by the Department of Environmental Resources. Where facilities set forth in subsections Y, Z, and/or AA of this Section are set up, the provisions which shall govern their operation are the respective provisions set forth in subsections Y, Z, and AA of this Section.
2. Prohibited Activities
The following prohibited activities apply to any Solid Waste Management Facility:
a. It shall be unlawful for any person to scavenge any materials delivered and deposited for disposal except as may be provided for in the Township's solid waste rules and regulations promulgated under this ordinance.
b. It shall be unlawful for any person to salvage or reclaim any solid wastes except at a properly permitted facility in which salvage is an integral plan of operation.
c. It shall be unlawful to make garbage available for animal consumption unless such refuse has been heat treated to kill any disease agent therein.
d. It shall be unlawful for any person to use, maintain, or operate an open dump.
e. It shall be unlawful for any person to burn any solid waste except in a manner and under conditions prescribed by the Township and such burning shall be in accordance with the pertinent Rules and Regulations of the Commonwealth.
f. It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited, any solid waste in or upon any street, alley, sidewalk, body of water, public or private property except as provided in this ordinance.
g.It shall be unlawful for any person to allow any abandoned vehicle to remain upon any public property more than forty-eight (48) hours or on private property with an expired vehicle license. Salvage yards, specially licensed historical vehicles, and those vehicles screened from sight shall not be considered abandoned.
CC. Shooting Range
1. No such facility shall be developed within two hundred fifty (250) feet of any lot line.
2. Noise control shall be provided through the use of berms and buffer planting strips.
DD. Riding Academy
1. No manure storage shall be established or maintained closer than one hundred twenty-five (125) feet from any adjoining property.
2. No manure storage or spreading shall be established or maintained closer than one hundred (100) feet from any wells, springs, sinkholes, lakes, ponds, streams or other watercourse.
3. Fencing shall be provided around all pasture and stable areas.
4. Any accessory buildings used for shelter or boarding of animals shall be located not less than one hundred twenty-five (125) feet from any lot line.
5. A shelter or stable shall be provided, which shall be of adequate size sufficient for effective sanitation practices to provide creature comforts for the animals. All shelter shall have a roof and at least three (3) enclosed sides.
EE. Age-Qualified Detached Dwellings
1. Age-qualified detached dwellings is a form of residential use that is designed and operated for mature adults with or without certain recreational facilities.
2. Every applicant is encouraged strongly to provide accessory community centers and recreational facilities for the benefit of persons occupying such dwellings.
3. Each applicant shall submit to the governing body for its approval a proposed set of regulations to control such operation, including definition of age limitations of residents, any other restrictions to be placed upon the residents or their activities, admissions procedures, security provisions and setting forth the policy to be used in determining any charges or fees proposed to be levied on the residents.
4. A statement shall also be included with each application setting forth what particular features and facilities, if any, are being provided to serve specifically the needs and interests of the age-qualified residents.
FF. Car Washing Facilities - An automated or self-serve facility for washing motor vehicles shall be permitted as an accessory use to a Motor Vehicle Fuel Station.
1. Car washing facilities shall provide plans and studies to indicate adequate parking and stacking, ingress and egress, and internal circulation at hours of peak use.
2. Car washing facilities shall use a water recycling system, which shall meet all state and federal requirements or standards, including the removal of suspended particulates.
4. All structures shall be set back 50 feet from all lot lines.
5. A car wash may be permitted as a principal use provided that the dimensional requirements for Motor Vehicle Service Center are met and provide that there is no sale of fuels.
