HomeMy WebLinkAboutOrdinance 202 Change
FC
Fra.nkl1n County Pla.n.n1ng Commission
Ad.m1.n1strative Annex
211i liorth Seoond Street
Chambersburg, PA 17201-1642
Phone: 717-261-3866
Fax: 717-264-8667
TDD:717-264-8474
E-Ma.1l pla.n.n1ng@oo.frankl1n.pa.us
PC
July 19, 2006
Washington Township
Attn: Michael Christopher.
13013 Welty Road
Waynesboro, Pa 17268
Subject: Ordinance 202
Dear Mr. Christopher~
The Franklin County Planning Commission Staff has reviewed your proposed ordinance 202.
We find that it is in compliance with the Franklin County Comprehensive Plan. We recommend
though that you change Section 3.6d. We feel it is too much of a burden on property owner to
immediately clean up mud or debris from roadway. We suggest you change the wording to state
a reasonable amount of time not to exceed 24 hours.
If you have any questions or require further assistance please feel free to call me.
WASHINGTON TOWNSHIP SUPERVISORS
13013 WELTY ROAD, WAYNESBORO, PA 17268
PHONE (717) 762-3128 FAX (717) 762-1775
1779
July 12, 2006
Mr. Phil Tarquino, Director
Franklin County Planning Commission
218 North 2nd Street
Chambersburg, PA 17201
RE: Proposed Zoning Text Amendment
Dear Mr. Tarquino:
Enclosed for your review and comment, as per the Pennsylvania Municipalities
Planning Code, is a copy of proposed Ordinance # 202, which amends the text of the
Washington Township Zoning Ordinance.
Please offer any comments that you may have on this amendment within the
next 45 days.
If you have any questions, please feel free to contact me.
Thank you for your cooperation in advance.
Very truly yours,
GJi< ~~...-
7 V\0\JC
Michael A. Christopher
Township Manager
MAC/sks
Enclosure
TOWNSHIP OF WASHINGTON
FRANKLIN COUNTY, PENNSYLVANIA
ORDINANCE NO. 202
AN ORDINANCE
OF THE BOARD OF SUPERVISORS OF WASHINGTON TOWNSHIP,
FRANKLIN COUNTY, PENNSYLVANIA, BY AUTHORITY OF AND
PURSUANT TO THE PROVISIONS OF ARTICLES VI THROUGH X OF
ACT NO. 247, AS AMENDED, OF THE GENERAL ASSEMBLY OF THE
COMMONWEALTH OF PENNSYLVANIA, APPROVED JULY 31,1968,
KNOWN AS, AND CITED AS THE "PENNSYLVANIA MUNICIPALITIES
PLANNING CODE"; AND ANY AMENDMENTS AND SUPPLEMENTS
THERETO, AMENDING ORDINANCE NO. 153, ADOPTED BY THE
BOARD OF SUPERVISORS OF WASHINGTON TOWNSHIP ON APRIL
2ND, 2001, AND KNOWN AS THE WASHINGTON TOWNSHIP ZONING
ORDINANCE.
WHEREAS, the Board of Supervisors of Washington Township, Franklin County,
Pennsylvania, adopted on April 2, 2001, Washington Township Ordinance No. 153,
known as the Washington Township Zoning Ordinance and thereafter as amended; and
WHEREAS, the Board of Supervisors of Washington Township deem it to be in
the interest and welfare of the residents of the Township to amend the Washington
Township Zoning Ordinance as described below.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED, and it is hereby
enacted and ordained by the Board of Supervisors of Washington Township, Franklin
County, Pennsylvania, that the Washington Township Zoning Ordinance, Ordinance No.
153, text be revised by amending the Ordinance as follows:
SECTION 1. Delete the following definition from Section 104, Glossary and
Definition of Terms.
"PLANNED RESIDENTIAL DEVELOPMENT": Delete
SECTION 2. Change all references to the following terms in this ordinance to
read as follows:
Change "building permit" to "land use permit" in Sections 300.2, 300.5(a),
300.5(b), 300.6(a), 300.6(b), 302.1, 303.6(f), 305, 309.2,402.1 (a), 402.1 (b)(2),
402.1(b)(3), 402.1 (b)(4), 406, 502.7, 606.6,1001.6,1101.6,1201.18,1302.2,1502.1,
1601.23,1602.13, 1707.8(b), 1800.7, 1804, 1804.1, 1804.2(a), 1912.1,2104.1, and in
any other section using the term "building permit".
Change all references to "Township Building Code" in this ordinance to "Uniform
Construction Code (UCC)", including, but not limited to Sections 1800.6 and 1802.
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Change "Department of Community Affairs" to "Department of Community and
Economic Development (DCED)" in Sections 1800.6 and 1802 and any other sections
using the term "Department of Community Affairs".
SECTION 3. Change Section 300.6 to read as follows:
"6. Grading of Land, Erosion and Sedimentation Control
a.
b.
Any earthmoving activity preparatory to construction or expansion
of a building or use for which a land use permit is issued shall
comply with the soil erosion and sedimentation control
requirements and the stormwater management requirements of the
approved subdivision plan or land development plan.
Earthmoving activities, which are not preparatory to the
construction or expansion of a building for which a land use permit
has been issued, shall submit a soil erosion and sedimentation
control plan and a stormwater management plan to the Township
for approval if the earthmoving activity involves a disturbance of
more than 10,000 square feet. The soil erosion control plan and
stormwater management plan will be reviewed and approved by the
Township staff and the Township Engineer. The applicant(s) shall
be responsible for all engineering review fees.
c.
For earthmoving activities not covered above, appropriate soil
erosion and sedimentation control procedures shall be followed for
all earthmoving activities regardless of their size.
In areas under construction, the owner of any property upon which ~
said construction activity is occurring shall be responsible for
removal of mud/debris on the roadways from trucks or other
vehicles accessing the lot. The owner is responsible regardless of I
whether the mud/debris were placed on the road by a vehicle \
delivering material to the site, construction vehicles working at the !
site or other vehicles going to and from the site. The owner shall \
immediately clean up the mud and/or debris from the roadway. \
Failure to remove such mud/debris from the roadway immediately
after a verbal or written notification by the township of the need for
such action shall result in the township taking action to remove the
mud and/or debris and invoicing the owner of the property for this
cleanup.
d.
e.
Prior to or at the same time as earthmoving activities occur as per
Section 300.6 (a), (b), or (c), that abut a public street, a silt fence
shall be installed along the entire front property line, except at the
construction entrance location. The Township shall be notified
when the silt fence is installed and shall approve the installation or
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suggest correction within twenty-four (24) hours of notification of
said installation. This silt fence shall be maintained at all times.
Failure to maintain or clean debris from the silt fence in a
reasonable time after a storm event or immediately after notification
either verbally or in writing from the Township shall result in the
Township taking action to maintain the silt fence and invoicing the
owner of the property for this maintenance. A land use occupancy
permit shall not be issued for any building site found in violation of
this Section until the violation is corrected.
f. It shall be the responsibility of the individual, developer, excavator,
construction company, or owner to review and follow the
requirements of the approved soil erosion and sedimentation
control plan prior to starting construction. Failure to have
knowledge of the plan shall not be a defense against enforcement
of the plan or avoiding the violation provision of this ordinance."
SECTION 4. Section 303.5 and 303.5(a), (b), (c), and (d) are deleted in their
entirety and the new 303.5 shall read as follows:
"See each zoning district for the required buffer yard requirements in that district."
SECTION 5. Add the following subsection to Section 702, Conditional Uses.
"14. Communications towers on municipal owned property."
SECTION 6. Change Section 1305.2 and add a new Section 1306 to Article XIII
as follows:
Section 1305.2 shall remain the same except the "buffer yard" reference shall be
revised to read as follows:
"Buffer yard (as required by Section 1306 of this ordinance)".
Add Section 1306 as follows:
"SECTION 1306 Buffer Yards
Buffer yard requirements for the commercial zoning district shall be as follows:
a. Where commercial use abuts any district other than Commercial,
Industrial or Agricultural, a buffer yard of not less than thirty (30')
feet shall be required and off-street parking and loading areas shall
be set back a minimum of fifteen (15') feet.
b. Buffer yards shall be in addition to normal yard setbacks for this
District.
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c. All buffer yards shall be planted with grass, sod or ground cover,
and where specified, screen planting. Buffer yards shall be
maintained and kept free of all debris and rubbish.
d. No structure (except permitted signs), fences or walls,
manufacturing or processing activity, or storage of materials shall
be permitted in buffer yards. However, access driveways may
cross the buffer yard."
SECTION 7. Change Section 1405.2 and add a new Section 1406 to Article XIV
as follows:
Section 1405.2 shall remain the same except the "buffer yard" reference shall be
revised to read as follows:
"Buffer yard (as required by Section 1406 of this ordinance)".
Add Section 1406 as follows:
"SECTION 1406 Buffer Yards
Buffer yard requirements for the commercial neighborhood zoning district shall
be as follows:
a. Where commercial use abuts any district other than Commercial,
Industrial or Agricultural, a buffer yard of not less than thirty (30')
feet shall be required and off-street parking and loading areas shall
be set back a minimum of fifteen (15') feet.
b. Buffer yards shall be in addition to normal yard setbacks for this
District.
c. All buffer yards shall be planted with grass, sod or ground cover,
and where specified, screen planting. Buffer yards shall be
maintained and kept free of all debris and rubbish.
d. No structure (except permitted signs), fences or walls,
manufacturing or processing activity, or storage of materials shall
be permitted in buffer yards. However, access driveways may
cross the buffer yard."
SECTION 8. Revise Section 1601.11 to read as follows:
"11. Distribution centers, wholesaling, storage facilities, warehousing,
parcel delivery facilities, and service industries."
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SECTION 9. Change Section 1602.1 (b) to read as follows:
"b. A minimum buffer zone of one hundred feet (100') in width including
the required setback shall be provided along any common property
line with a residential use or district."
SECTION 10. Delete Planned Residential Developments as a permitted use in
the entire Zoning Ordinance, including, but not limited to the following sections of this
ordinance:
Section 801.11:
Section 1001.10:
Section 1101.11:
Delete
Delete
Delete
SECTION 11. Delete Article XVII, Planned Residential Development, from this
ordinance.
"ARTICLE XVII. PLANNED RESIDENTIAL DEVELOPMENTS": Delete
SECTION 12. Change Section 1903.5(b) to read as follows:
"b. Driveway and driveway pipe or dips are constructed as per the
plan. Driveways in residential developments shall be paved no
later than one hundred and fifty (150) days after the land use
occupancy permit is issued."
SECTION 13. In all other respects, the provisions of Ordinance No. 153, as
amended, shall remain in full force and effect.
SECTION 14. Severability. If any section, subsection, sentence, clause, phrase,
or portion of the Ordinance is for any reason held to be invalid or unconstitutional by any
Court of competent jurisdiction, such portion shall be deemed as a separate, distinct
and independent provision, and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 15. This ordinance shall take effect five (5) days after its enactment.
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DULY ENACTED AND ORDAINED this day of 2006, by
the Board of Supervisors of Washington Township, Franklin County, Pennsylvania, in
lawful session duly assembled.
WASHINGTON TOWNSHIP
BOARD OF SUPERVISORS
ATTEST:
BY
BY
Carroll C. Sturm, Chairman
Karen S. Hargrave, Secretary
I, Karen S. Hargrave, Secretary of the Board of Supervisors, Washington
Township, Franklin County, Pennsylvania, do certify that the foregoing is true and
correct copy of an ordinance adopted at a regular meeting of the Washington Township
Supervisors held ,2006, in a regular session duly assembled.
Karen S. Hargrave, Secretary
Date:
,2006
6
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W ASIlINGTON TOWNSHIP SUPERVISORS
13013 WELTY ROAD, WAYNESBORO, PA 17268
PHONE (717) 762-3128 FAX (717) 762-1775
1779
July 17, 2006
Mr. Phil Tarquino, Director
Franklin County Planning Commission
218 North 2nd Street
Chambersburg, PA 17201
RE: Proposed Zoning Text Amendment - Revision
Dear Mr. Tarquino:
Enclosed for your review and comment, as per the Pennsylvania Municipalities
Planning Code, is a slightly revised copy of proposed Ordinance # 202, which amends
the text of the Washington Township Zoning Ordinance. Please discard Ordinance No.
202 which was sent to you with my letter of July 12th and replace it with this one.
Please offer any comments that you may have on this amendment within the
next 45 days.
If you have any questions, please feel free to contact me.
Thank you for your cooperation in advance.
Very truly yours,
t;jz~
Michael A. Christopher
Township Manager
MAC/sks
Enclosure