HomeMy WebLinkAboutZoning OrdinanceI I I I I 1 1 I I I B I Ordinance No. 153 Washington Towns hip Franklin County Pennsylvania Board of Supervisors Mr. John W. Beck Chairman Mr. Richard D. Eigenbrode Vice-chairman Mr.
Quinter D. Baumgardner Supervisor Mr. Paul G. Benchoff Supervisor Mr. James W. Kirby Supervisor Township ManaPer Mr. Michael A. Christopher Code Enforcement Officer Mr. Gerald L. Zeigler,
Jr. Township Secretaries Ms. Karen S . Hargrave Ms. Karen L. Webber Township Planninp Commission Mr. Robert R. Peiffer Chairman Mr. Randall D. Kuhn Vice-chairman Mr. Ezra G. Fitz Secretary
Mr. Melvin L. O’Dell Member Ms. Lisa J. Donohoe Member PlanninP Consultants Mr. Charles M. Sioberg Mr. Tim Cormany Martin & Martin, Inc. C harnbers burg, PA Solicitor John M. Lisko,
Esq. Date Approved April 2,2001
Table of Contents ORDAINING CLAUSE ............................................................................................................................. ARTICLE I GENERAL PROVISIONS
................................................................................ Section 100 . Title ............................................................................................
Section 10 1 -Short Title .................................................................................. Section 102 -Purpose .....................................................................
................. Section 103 -Community Development Objectives .......................................... Section 104 -Glossary & Defmition of Terms .................................................
ARTICLE I1 ARTICLE III ARTICLE IV DESIGNATION OF DISTRICTS ..................................................................... Section 200 . Districts .............................................
........................................ Section 20 1 . Zoning Map ................................................................................ Section 202 -District Boundaries ..................
.................................................. Section 203 -Interpretation of Boundaries ....................................................... Section 204 -Use Adjustment on District
Boundaries ...................................... GENERAL REGULATION .............................................................................. Section 300 . Use Regulations .....................
..................................................... Section 30 1 -Height Regulations ...................................................................... Section 302 -Area and Access
Regulations ....................................................... Section 303 -Yard Regulations ......................................................................... Section 304
-Reduction of Lot Dimensions ....................................................... Section 305 -Waste and Sewage Disposal .........................................................
Section 306 -Existing Agriculture & Framing ................................................. Section 307 -Performance Standards ...............................................................
Section 308 -Parking of Large Vehicles ............................................................ Section 309 -Storage of Mobile Homes, Trailers, Boats, Dismantled or Nonoperable Vehicles
................................................................... Section 3 10 -Customary Home Occupations ..................................................... Section 3 11 -Homes
Association ...................................................................... Section 3 12 -Shopping Centers ........................................................................
Section 3 13 -Dwellingkot Ratio ...................................................................... Section 3 14 -Pedestrians Walkways .............................................................
.... NONCONFORMING BUILDINGS AND USES ............................................... Page Section 406 . Mobile Homes .............................................................................
48 Section 400 . Registration of Nonconforming Uses ............................................ Section 401 . Alterations ............................................................................
...... Section 402 . Extensions or Enlargements ......................................................... Section 403 . Change of Use .................................................................
.......... Section 404 -Discontinuance ............................................................................ Section 405 -Business Identification Signs ........................................
.............. i 1 1 1 1 2 3 28 28 28 28 29 29 30 30 34 34 34 38 38 38 39 39 39 40 41 43 44 44 45 45 45 45 48 48 48
ARTICLE V ARTICLE VI ARTICLE VI1 ARTICLE VI11 ARTICLE IX ARTICLE X ARTICLE XI SIGNS ............................................................................................................
Section 500 . Regulations ................................................................................ Section 503 -Business Identification Signs .................................................
..... Section 504 -Home Occupation Signs ............................................................... Section 505 -General Regulations .............................................................
...... Section 501 -Signs in Residential Districts ....................................................... Section 502 -Billboards ....................................................................
............... OFF-STREET PARKMG ................................................................................. Section 600 . General Parking Regulations .........................................
............. Section 601 -Facilities Required ...................................................................... Section 603 -Loading and Unloading Space ........................................
............ Section 604 -Surfacing ..................................................................................... Section 606 -Design Standards ...............................................
........................ Section 607 -Private Driveways ........................................................................ Section 602 -Reduction of Parking Spaces .............................
......................... Section 605 -Reservation of Open Spaces ......................................................... (F-C) FOREST CONSERVATION DISTRICT ........................................
........ Section 700 . Purpose ........................................................................................ Section 701 -Permitted Uses ...................................................
........................ Section 702 -Conditional Uses .......................................................................... Section 703 -Minimum Areas and Density Requirements
................................. (A) AGRICULTURAL DISTRICT .................................................................... Section 800 . Purpose ................................................
...................................... Section 801 . Permitted Uses ........................................................................... Section 802 . Conditional Uses ........................
............................................... Section 803 . Minimum Areas and Density Requirements ................................ (R-1) LOW DENSITY RESIDENTIAL DISTRICT ..........................
................ Section 900 . Purpose ....................................................................................... Section 90 1 . Permitted Uses ..........................................
................................. Section 902 -Conditional Uses .......................................................................... Section 903 -Minimum Areas and Density Requirements
................................. (R-2) MEDIUM DENSITY RESIDENTIAL DISTRICT .................................. Section 1000 . Purpose .................................................................
.................... Section 100 1 -Permitted Uses .......................................................................... Section 1002 -Conditional Uses ..........................................
............................ Section 1003 -Minimum Areas and Density Requirements ............................... (R-3) MEDIUM DENSITY MOBILE HOME RESIDENTIAL DISTRICT ...... Section
1 100 . Purpose ...................................................................................... Section 1 101 . Permitted Uses .................................................................
........ 49 49 49 51 51 52 52 54 54 54 57 57 57 58 58 58 60 60 60 60 69 71 71 71 72 82 83 83 83 83 84 86 86 86 87 88 94 94 94 Section 1 102 . Conditional Uses ........................................
.............................. 95 i I I I I I I I I I I I I I I I I I I
I I I I I I I I I I I I I I I Section 1103 . Minimum Areas and Density Requirements ............................... ARTICLE XI1 MOBILE HOME PARKS .....................................................
............................ Section 1200 . Purpose ...................................................................................... Section 120 1 -General Regulations .........................
........................................ Section 1202 -Minimum Density and Setback Requirements ............................. ARTICLE XI11 (C) COMMERCIAL DISTRICT ....................................
.................................. Section 1300 . Purpose ...................................................................................... Section 1301 -Permitted Uses .........................
................................................ Section 1302 -Conditional Uses ........................................................................ Section 1303 -Screen Planting
......................................................................... Section 1305 -Minimum Areas and Density Requirements .............................. Section 1304 -Off-street
Parking, Loading Areas and Access Drives ................ ARTICLE XIV (C-N) COMMERCIAL NEIGHBORHOOD DISTRICT ................................. Section 1400 . Purpose .................................
.................................................... Section 140 1 -Permitted Uses .......................................................................... Section 1402 -Conditional
Uses ....................................................................... Section 1403 -Screen Planting ......................................................................... Section
1404 -Off-street Parking, Loading Areas and Access Drives .............. Section 1405 -Minimum Areas and Density Requirements .............................. ... ARTICLE XV (CN-R) COMMERCIAL
NEIGHBORHOOD (RESTRICTED) DISTRICT ....... Section 1500 . Purpose ..................................................................................... Section 1501 -Permitted Uses ..................
........................................................ Section 1502 -Use Standards ............................................................................ Section 1503 -Off-street
Parking, Loading Areas, and Access Drives ............... Section 1504 -Minimum Area and Density Requirements ................................ ARTICLE XVI (I) INDUSTRIAL DISTRICT ....................
....................................................... Section 1600 . Purpose ..................................................................................... Section 1601 . Permitted
Uses ................. : ........................................................ Section 1602 . Performance Standards ............................................................. Section
1603 . Minimum Areas and Density Requirements .............................. ARTICLE XVI 1 PLANNED RESIDENTIAL DEVELOPMENTS .............................................. Section 1700
. Purpose ...................................................................................... Section 1702 -Land Use Control and Density Requirements ........................... Section
1703 -Site Analysis .............................................................................. Section 1705 -Ownership, Maintenance and Preservation of Common Open Space .........................
.............................................................. Section 1706 -Development in Stages .............................................................. Section 1707 -Procedural
Requirements -Applicable for Tentative Approval .. Section 1708 -Application for Final Approval ................................................ Section 1701 -Eligibility Requirements
............................................................ Section 1704 -Site Design Requirements .......................................................... 96 102 102 102 105 107
107 107 109 111 111 111 113 113 113 114 114 115 115 117 117 117 118 118 119 120 120 120 123 128 129 129 129 130 131 132 134 136 137 143
ARTICLE XVIII (FW) (FF) (FA) Flood Plain Districts (Overlay) ............................................... Section 1800 . General Provisions ........................................................
............ Section 1802 . Uses ........................................................................................... Section 1801 . Establishment of Flood Plain Districts ....................
.................. Section 1803 -Technical Requirements for Flood Hazard District ..................... Section 1804 -Application Procedures and Requirements .................................
ARTICLE XIX ARTICLE XX ARTICLE XXI ADMINISTRATION AND ENFORCEMENT ................................................. Section 1900 . Amendments to Zoning Ordinance .....................................
..... Section 1902 . Administration .......................................................................... Section 1903 -Building Permits .........................................................
............. Section 1904 -Action on Building Permits ...................................................... Section 1905 -Expiration of Building Permits ............................................
.... Section 1906 -Use Certificates ........................................................................ Section 1907 -Action on Use Certificates .................................................
...... Section 1908 -Forms ...................................................................................... Section 1909 -Enforcement Actions ...................................................
............ Section 1910 -Appeals .................................................................................... Section 191 1 -Compliance .....................................................
......................... Section 1912 -Conditional Uses ....................................................................... Section 190 1 . Duties of the Zoning Officer .........................
............................ Section 19 13 -Powers and Duties of the Planning Commission ......................... ZONING HEARING BOARD ...............................................................
........... Section 2000 . Creation and Appointment ......................................................... Section 2002 . Hearings .................................................................
.................. Section 2003 -Zoning Hearing Board’s Functions ............................................ Section 2005 -Stay of Proceedings ......................................................
............. Section 200 1 . Organization of Zoning Hearing Board ...................................... Section 2004 -Time Limitations; Persons Aggrieved ........................................
MISCELLANEOUS .......................................................................................... Section 2 100 . Interpretation. Purpose and Conflict .........................................
Section 2 10 1 -Repealer .................................................................................... Section 2102 -Severability ..............................................................
................ Section 2 103 -Applicability ............................................................................. Section 2104 -Fees ........................................................
................................. Section 2105 -Effective Date ........................................................................... 147 147 149 151 154 163 166 166 166 167 167
169 170 171 171 172 172 175 175 175 177 180 180 180 180 183 185 186 187 187 187 187 188 188 189 I I I
I I ORDINANCE NO. 153 THE WASHINGTON TOWNSHIP ZONING ORDINANCE I I I I I I I I I 1 I ORDAINING CLAUSE BE IT ORDAINED AND ENACTED by the Board of Supervisors of the Township of Washington,
County of Franklin, by authority of and pursuant to the provisions of Articles VI through X of Act No. 247 of the General Assembly of the Commonwealth of Pennsylvania, approved July
31, 1968, known and cited as the "Pennsylvania Municipalities Planning Code", and any amendments and supplements thereto, as follows: ARTICLE I General Provisions SECTION 100 Title An
Ordinance permitting, prohibiting, regulating, restricting and determining the uses of land watercourses and other bodies of water; the size, height, bulk, location, erection, construction,
repair, maintenance, alteration, razing, removal and use of structures; the areas and dimensions of land and bodies of water to be occupied by uses and structures as well as courts,
yards and other open spaces and distances to be left unoccupied by uses and structures; the density of population and intensity of use; and providing for the administration of such Ordinance.
SECTION 101 Short Title This Ordinance shall be known and may be cited as the Washington Township Zoning Ordinance" . SECTION 102 Purpose This. Ordinance is enacted for the following
purposes: 1. To promote, protect and facilitate any or all of the following: The public health, safety, morals, and the general 1
2. welfare ; Coordinated and practical community development; Proper density of population; Emergency management preparedness and operations; Provisions of adequate light and air; Access
to incident solar energy; Police protection; Vehicle parking and loading space; Transportation, sewerage, schools, recreational and public facilities; The provision of a safe, reliable
and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements; Preservation of the natural, scenic and historic value in our environment;
Preservation of forests, agricultural, wetlands, aquifers and flood plains. To prevent one or more of the following: overcrowding of land, urban sprawl, blight, danger and congestion
in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers. This Ordinance is made in accordance with an overall program, and with consideration
for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures. SECTION 103 Community Development Objectives The
community development objectives, pursuant to which this Ordinance is adopted, as set forth in the Washington Township 1999 Comprehensive Plan, and are as follows: 1. To provide a comprehensive
land use plan that meets the current and projected future residential, commercial and industrial needs of the Township, while at the same time preserving our prime agricultural and forest
lands. 2. To encourage growth primarily in areas where public utilities (sewer and water) are currently available and the roadway network is adequate to handle the increase traffic flow.
3 . To discourage development in our agricultural and forested areas. 2 I I I I I I I I I I 1 I I I I I I I I
1 1 4 . I 5. I I I 7. I SECTION I I I I I I I I I I 1 To develop an adequate highway network to meet the future needs of the Township. To provide locations for multi-family housing units
which will not adversely affect the current predominant housing unit within the Township, the single family home, and to discourage future multi-family units from locating in current
single family home neighborhoods. Business and Industry, the Township's major employers, should be encouraged to develop, so that they are good neighbors to adjoining residential, agricultural
or recreational areas and sufficient land area should be made available for such uses. To provide for the recreational and community facility needs of the Township. 104 Glossary and
Definition of Terms The following words are defined in order to facilitate the interpretation of the Ordinance for administrative purposes and in the carrying out of duties by appropriate
officers and by the Zoning Hearing Board. Unless otherwise expressly stated, the following words shall, for the purposes of the Ordinance have the meaning herein indicated. Words used
in the present tense include the future tense. The singular includes the plural. The word lfPersonl1 includes a corporation and/or partnership as well as an individual. The word rrlotfifnc
ludes the word plot or parcel. The term llshallilsf always mandatory. The word .flusedoirf froccupiedatsl applied to any land or building shall be construed to include the words "intended,
arranged, or designed to be used or occupied". 3
Municipality shall mean the Township of Washington, Franklin County, Pennsylvania. Governing Body shall mean the Board of Supervisors of the Township of Washington. ACCESS DRIVE: A paved
or unpaved surface, other than a street, which provides vehicular access from a street or private road to any lot except a residential lot. ACCESSORY BUILDING: A building subordinate
to and detached from the main building on the same lot and used for purposes customarily incidental to the main building. ACCESSORY USE: A use customarily incidental and subordinate
to the principal use of the main building and located on the same lot with such principal use or main building. ACT: As used in the ordinance, refers to the Pennsylvania Municipalities
Planning Code, the Act of July 31, 1968, P.L. 805, No. 247, as amended; 53 P.S. Section 10101 et. seq. ADULT BOOK STORE: An establishment or business having as a substantial or significant
part of its stock-in-trade, books, magazines, photographs, pictures and other periodicals or paraphernalia which are distinguished or characterized by their emphasis on matter depicting,
describing or relating to IISpecified Sexual Activities" or "Specified Anatomical Areas) (as defined herein). I I I 1 I I I I I I I I ADULT DRIVE-IN MOTION PICTURE THEATER: An outdoor
establishment used for presenting motion pictures films distinguished or characterized by an emphasis on matter depicting, describing or relating to I'Specific Sexual Activities" or
IISpecified Anatomical Areas" for observation by patrons therein. ADULT MINI-MOTION PICTURE THEATER: picture €ilms distinguished or characterized by an emphasis or matter depicting,
describing or relating to "Specified Sexual Activities1' or "Specified Anatomical Areas" for observation by patrons therein. I I I I An enclosed building with a capacity for less than
fifty (50) persons used for presenting motion 4
ADULT MOTION PICTURE THEATER: fifty (50) or more persons used for presenting motion picture films distinguished or characterized by an emphasis on matter depicting, describing or relating
to Itspecified Sexual Activitiesll or "Specified Anatomical Areas" for observation by patrons therein. An enclosed building with a capacity of AGRICULTURAL: The tilling of the soil,
the raising of crops, horticulture, animal husbandry, and gardening. ALLEY: A public thoroughfare other than a side street which affords only a secondary means of access to abutting
property and not intended for general traffic circulation. ALTERATIONS: As applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement,
whether by extending on a side or by increasing in height, or the moving from one location or position to another. ALTERATIONS, STRUCTURAL: Any change in the supporting members of a
building or structure, such as bearing walls, columns, beams, or girders. AMENDMENT: A change in use in a a district which includes revisions to the zoning text or the official zoning
map. The authority for any amendment lies solely with the Township Board of Supervisors. ANIMAL HOSPITAL: A building used for the treatment, housing, or boarding of small domestic animals
such as dogs, cats, rabbits, and birds or fowl by a veterinarian. APARTMENT, CONVERSION: A multi-family dwelling constructed by converting an existing building into apartments for more
than one family, without substantially altering the exterior of the building. APARTMENT HOUSE: A building occupied by three ( 3 ) or more dwelling units, a townhouse or garden apartment.
AREA, BUILDING: The total area taken on a horizontal plane at the level of .the ground surrounding the main building and all accessory buildings, exclusive of uncovered porches, terraces,
and steps. AUTOMOBILE: A self-propelled, free moving vehicle, primarily for conveyance on a street or roadway. 5
AUTOMOBILE BODY SHOP: or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories of automobiles and other vehicles for conveyance. A building on a lot that is used
for the repair AUTOMOBILE GARAGE, PRIVATE: An accessory building for the storage of one or more automobiles and/or other/vehicles accessory and incidental to the primary use of the premises,
provided that no business, occupation, or service is conducted therein nor space therein for more than one automobile is leased to a non-occupant of the premises. AUTOMOBILE GARAGE,
PUBLIC: A building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental servicing, or supplying of gasoline or oil to automobiles, trucks, or similar
motor vehicles. AUTOMOBILE AND/OR MOBILE HOME SALES GARAGE: A building on a lot designed and used primarily for the display or sale of new and used cars and mobile homes where mechanical
repairs and body work may be conducted as an accessory use incidental to the primary use. AUTOMOBILE OR GASOLINE SERVICE STATION: A building on a lot or part thereof, that is used primarily
for the retail sale of gasoline, oil, other fuel, and which may include facilities used for polishing, greasing, washing, dry cleaning, or otherwise cleaning or servicing automobiles
and other vehicles. AUTOMOBILE AND/OR TRAILER SALES LOT: An open lot, used for the outdoor display or sales of new or used automobiles or trailers, and may include a building where minor
and incidental repair work (other than body and fender) may be done. BASEMENT: A story partly underground but having one-half or more of its height about the average level of the adjoining
ground. BED AND BREAKFAST: In areas where permitted, a dwelling used as a residence which also offers lodging overnight and normally a morning meal. These dwellings shall have no more
than 6 rooms for overnight guests, not including the rooms used by the owners and their immediate family. .Meals other than breakfast may be served when requested, and only to individuals
who are staying at the facility overnight. Rooms may not be rented out on a permanent or extended basis or used as apartments. 6
BOARDING HOUSE: A building where, for compensation, provisions are made for lodging for at least three ( 3 ) but not more than fifteen (15) persons. Meals may or may not be included.
BUFFER YARD: An open, unoccupied space in addition to district setbacks, where required by this ordinance. Buffer yards shall consist of grass, trees, shrubs, walkways, low level lighting,
but may not have private driveways, parking areas, fences, walls, structures, storage areas, loading or unloading docks, or streets. Access drives may cross a buffer yard. BUILDING:
Any structure on a lot, having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, or chattels, and including covering porches
or bay windows, and chimneys. BUILDING, DETACHED: A building surrounded by open space on the same lot. BUILDING, HEIGHT OF: The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between
eaves and ridge for gable, hip, and gambrel roofs. BUILDING, LINE: A line parallel to the front, side, or rear lot line so as to provide the required yard. CAMP 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, a travel trailer camp or travel
trailer court. CAR WASH/VEHICLE WASH: primarily for the washing and polishing of automobiles and other vehicles and which may provide accessory services as set forth herein for Automobile
Service Stations. A building on a l o t , designed and used CARPORT: . A n accessory building open on two (2) or more sides which may be attached to the main building and used for storing
one or more automobiles. 7
CELLAR: A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining
the required number of stories. COLLECTOR STREET: A roadway classified in the Township Comprehensive Plan as a collection street. COMMON OPEN 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 or particular development, not including streets,
off-street parking areas and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development
plan as finally approved and as are appropriate for the recreation of residents. COMPLETELY DRY SPACE: A space which will remain totally dry during flooding; the structure is designed
and constructed to prevent the passage of water and water vapor. COMMUNICATIONS TOWER: Any structure used primarily for communications equipment, including telephone, radio, television,
digital services, microwave antenna and any similar structure or use. CONCENTRATED ANIMAL OPERATIONS (CAO) : Agricultural operations where the animal density exceeds two animal equivalent
units (AEU) per acre on an annualized basis. An AEU is 1,000 lbs. of live weight or any animal. AEU’s are specifically defined in Appendix A of this ordinance. The regulations for CAO’s
also apply to Concentrated Feed Operations (CAFO’ s ) . CONDITIONAL USE: A use permitted within a particular zoning district which is subject to express standards and criteria set forth
in this Ordinance and is allowed or denied by the Board of Supervisors pursuant to public notice, public hearing and recommendations by the Township Planning Commission. CONSTRUCTION:
The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes. 8
1 ‘I I I I I 1 I I I 1 1 1 I I I I I 1 CONSTRUCTION EQUIPMENT: All off-road equipment designed to be used primarily in the construction and excavation industry. Also includes vehicles
of more than two (2) axles used in construction work, including dump trucks of more than two (2) axles, construction trailers, and any other such vehicles. COURT: An unoccupied open
space, other than a yard, on the same lot with a building, which is bounded by two or more sides by the walls of such building. COURT, INNER: A court which does not extend to a street,
alley, yard or outer court. COURT, OUTER: A court which extends to a street, alley, yard or other outer court. COVERAGE: The percentage of the plot or lot area covered by the building
area. CURB LEVEL: The officially established grade of the curb in front of the mid-point of the lot. DAIRY: A commercial establishment for the manufacture or processing of dairy products.
DEVELOPMENT: 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, mining, dredging, or drilling operations and the subdivision of land. DISMANTLED AND NON-OPERABLE VEHICLE: A vehicle which does not display
the current Pennsylvania Inspection Certification or is manifestly incapable of being locomotive in its existing condition. DOG KENNEL: The sheltering for commercial purposes of two
(2) or more dogs that are more than six ( 6 ) months old. DRIVEWAY: See Private Driveway. 9
DUMP: A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purposes of garbage, sewage, trash,
refuse, junk, discarded machinery, vehicles, or part thereof, or waste material of any kind. DUPLEX: See Dwelling, Single Family Semi-detached. DWELLING: A building or structure designed
for living quarters for one or more families not including mobile homes, hotels, rooming houses or other accommodations used for transient occupancy. 1 I I DWELLING, SINGLE FAMILY, DETACHED:
A building used by one (1) family, I m DWELLING UNIT: One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy
by one (1) family. having only one (1) dwelling unit and having two (2) side yards. DWELLING, SINGLE FAMILY SEMI-DETACHED (DUPLEX): A building used by one (1) family, having one (1)
side yard and one (1) party wall in common with another building. DWELLING SINGLE FAMILY ATTACHED (TOWNHOUSE): A building used by one family and having two (2) party walls in common
with other buildings. I I I DWELLING, TWO FAMILY, DETACHED: A building used by two (2) families, with one dwelling unit arranged over the other and having two (2) side yards. DWELLING,
MULTI-FAMILY: A building used by three ( 3 ) or more families living independently of each other and doing their own cooking including apartment houses. DWELLING, GROUP: A group of two
(2) or more single family, two-family or multi-family dwellings occupying a lot in one ownership. ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITIES: Electric public utilities transmission
distribution facilities including substations. ESSENTIAL'MUNICIPAL SERVICE FACILITY: Washington Township Supervisors, Washington Township Municipal Authority, or Waynesboro Municipal
Authority that provides public water, sewer, communications or any other essential service as determined by the Township I I A facility operated or owned by the .L Supervisors. 10 I
I I I I I 1 1 I I I I I I I 1 1 I 1 1 ESSENTIAL SERVICES: Federal, State or Local government such as, but not limited to, police and fire protection, utilities, transportation and communications,
which are an indispensable element of the Township. Those services provided by or regulated by ESSENTIALLY DRY SPACE: except for the passage of some water vapor or minor seepage, the
structure is substantially impermeable to the passage of water. A space which will remain dry during flooding, FAMILY: One (1) or more persons who live in one (1) dwelling unit and maintain
a common household. (2) or more persons, whether or not related by blood, marriage, or adoption. but not occupants of a club, fraternal lodging, or boarding houses. May consist of a
single person or two May also include domestic servants and gratuitous guests, FARM: Any parcel of land containing at least ten (10) acres which is used in the raising of agricultural
products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage equipment used. raising of fur bearing animals, riding
academies, livery or boarding stables and dog kennels. It excludes the FENCE: to prevent intrusion from outside or straying from within. Any combination of materials creating an enclosure
or barrier FLOOD: A temporary inundation of normally dry land areas. FLOOD -FRINGE: That portion of the flood plain outside the floodway. FLOODPLAIN: A relatively flat or low land area
which is subject to partial or complete inundation from any adjoining or nearby stream, river or watercourse, from any source. The area specifically identified in this Ordinance as a
Flood Hazard (FH) subject to flooding by the 100-year flood. FIA maps and other documents as floodway (FW), flood fringe area (FF) and general floodplain ( F A ) . See Section 1801 for
additional data. Included would be areas identified on FLOOD-PROOFING: Means any combination of structural and nonstrucctura 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
FLOODWAY: The designated area of a flood plain required to carry and discharge flood water to a given magnitude. For the purpose of this Ordinance the floodway shall be capable of carrying
the waters of the one-hundred (100) year magnitude without increasing water elevations of that flood more than one (1) at any point. FLOOR AREA OF A BUILDING: The sum of the gross horizontal
areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area
of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls. FLOOR AREA RATIO: The ratio of floor area of a building to its lot area. When
a floor area ratio of four-tenths (.4) is specified, the floor area of a building constructed on a lot of 10,000 square feet is limited to a maximum of 4,000 square feet. The number
of stories being optional, the building area may be 4,000 square feet for one story; 2,000 square feet for each of two stories; etc. FOOT CANDLE -A unit of illumination equal to the
light flux falling on one square foot area one foot away from a light source of one candle power. FUNERAL HOME: See Mortuary. GARAGE: See Automobile Garage. GARDEN APARTMENTS: A grouping
of single family dwelling units combined in one or more structures and served by common entryways and stairs not to exceed 3 stories in height. GARDENING: The cultivation of herbs, fruits,
flowers or vegetables, excluding the keeping of livestock. GRADE FINISHED: The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating
thereto. GROUP HOME: A single family dwelling used by a group of individuals, related or unrelated, who share common interests. Group homes may include dwellings occupied by those with
disabilities, handicaps, illnesses, senior citizens, but do not include institutional facilities such as shelters, retirement communities, or users of 12 1 I I 1 D 1 1 D I I I 1 1 1
1 1 1 1 1 I
I 1 1 1 1 1 I I 1 I 1 I I I I I I I m illegal drugs, sex offenders, juvenile offenders and others who present a direct threat to the community. HEIGHT OF BUILDING: The vertical distance
measured from the level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, towers, spires, elevator
penthouses, tanks, and similar projections. HOME OCCUPATION: Any use customarily conducted entirely within a dwelling or in a building accessory thereto providing that the use is clearly
incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling
and no goods are publicly displayed on the premises other than signs as provided herein. Only residents and family members may be employed in said home occupation. No offensive noise,
vibration, smoke, dust, odor, heat, glare on homes shall be created by said home occupation. HOSPITAL: A place for the diagnosis, treatment, or other care of humans and having facilities
for inpatient care including such establishments as a sanatorium and preventorium. HOTEL: A building designed for occupancy primarily as the temporary abiding place for individuals who
are lodged with or without meals, in which building: a. There are more than ten (10) sleeping rooms; b. Fifty percent (50%) or more of the gross floor area shall be devoted to residential
use; c. Business may be conducted when accessory and incidental; d. Such hotel services as maid, telephone and postal services are provided. HOTEL, APARTMENT: A building designed for
occupancy primarily as the permanent abiding place of families who are lodged with or without meals, in which building: a. More than fifty percent (50%) of the gross floor area devoted
to residential use is in dwelling units; 13
b. Business may be conducted when accessory and incidental; c. Such motel services as common dining facilities, maid, telephone, and postal services are provided; d. There may be club
rooms and ballrooms. INDUSTRIAL PARK: A tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets
and with utility services, setbacks, side yards, landscaped yards, covenants controlling the architecture and uses. INTERNAL MOBILE HOME PARK STREET: A street in a mobile home park,
constructed per the plan approved by the Township Supervisors, privately owned, constructed and maintained, which functions only to provide direct access to individual mobile home lots.
JUNK YARD (SALVAGE YARD): A lot, land or structure, or part thereof, used for the collection, storage, and/or sale of waste paper, rags, scrap metal, or discarded material, or for the
collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition, and/or for the sale of parts thereof. LAND DEVELOPMENT: Any of the following activities;
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: (a) a group of tow 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 (b) the division or allocation of
land or space, whether initially or cumulatively between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds,
condominiums, building groups or other features. (2) A subdivision of land. ( 3 ) Development in accordance with this ordinance. (4) The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing non-commercial non-industrial building, is not considered a land development under this ordinance. LIMITED SMALL BUSINESS:
A commercial enterprise owned and operated by family members residing on the same lot as the business. In addition to family members, the small business may employ up to three additional
employees. 14
LODGING HOUSE (ROOMING HOUSE): A building or a portion thereof, other than an apartment hotel or 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. LOT: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory
buildings, together with such open spaces as are required under the provisions of this Ordinance, having not less than the minimum area and width required by the Ordinance for a lot
in the district in which such land is situated, and having its principal frontage on a street. A designated parcel, tract or area of land established by a plot or otherwise as permitted
by law and to be used, developed, or built upon as a unit. LOT AREA: The area contained within the property lines of a lot as shown on a subdivision plan excluding space within any public
rightoofway, but including the area of easement. LOT, CORNER: A lot as the junction of and abutting on two or more intersecting streets or private roads or at the point of abrupt change
of a single street or private road, where the interior angle is less than 135 degrees and the radius of the street or private road line is less than 100 feet. LOT, INTERIOR: A lot other
than a corner lot. LOT LINES: The lines bounding a lot as defined herein. LOT, MINIMUM WIDTH: The minimum lot width at the required building setback line. LOT, NON-CONFORMING: A lot
of record prior to the enactment of this Ordinance, which by reason of area or dimensions does not conform to the requirements of the District in which it is located. LOT, PANHANDLE:
A polygonal shaped lot with the appearance of a 'Ifrying pan" or "flag and staff" in which the handle is most often used as the point of access to a street or road. The llhandlelslh
all be not less than twenty (20') feet in width and is not included in the minimum lot area calculations. I 'I 15
MAJOR THOROUGHFARE, RESTRICTED ACCESS: A major thoroughfare or part thereof, which when open to public use, access is limited from abutting property and other streets to locations and
in the manner approved by the municipality or the Pennsylvania Department of Transportation. MALL: See Shopping Center. MANUFACTURED HOME: IIManufactured Homev1 means a transportable,
single family dwelling intended for permanent occupancy, office or place or assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again
being separated for towing purposes, which arrives at a site essentially complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed
so that it may be used without a permanent foundation. This does not include recreation or travel trailers and may not be used as an accessory building. For the purpose of Article XVIII
of this Ordinance (Flood Plain Districts) only, the term mobile home is replaced by the term, term, manufactured home and the definitions of this term is: A transportable single-family
dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers,
travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. MASSAGE SHOP: An establishment or business which provides the
services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner
or professional physical therapist licensed by the Commonwealth. MINOR REPAIR: materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of
any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, .or the removal or change of any required means of egress, or rearrangement
of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer,
drainage, drain leader, gas, soil, waste, vent or similar piping, The replacement of existing work with equivalent 16
electric wiring or mechanical or other work affecting public health or general safety. MOBILE HOME: "Mobile Home" means a transportable, single family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for towing purposes, which
arrives at a site essentially complete equipped with a full bathroom and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that
it may be used without a permanent foundation. This does not include recreation or travel trailers and may not be used as an accessory building. For the purpose of Article XVIII of this
Ordinance (Flood Plain Districts) only, the term mobile home is replaced by the term manufactured home and the definition of this term is: A transportable, single-family dwelling intended
for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers,
recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. MOBILE HOME LOT: A parcel of land in a mobile home park, improved with the necessary
utility connections and other appurtenances necessary for the erections thereon of a single mobile home. MOBILE HOME PARK: A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontrannsien use, consisting of two or more mobile home lots. MORTUARY: An establishment with facilities for preparation of the dead
for burial or cremation, for viewing of the body, and for funerals. MOTEL: A building or group of buildings containing apartments and/or rooming units, with at least twenty-five percent
(25%) of the units having direct access to the outside without the necessity of passing through the main lobby, used primarily for the accommodation of automobile travelers and which
may provide meals and other services as a part of the compensation. 17
MUNICIPAL WASTE LANDFILL: A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations including, bur not limited to,
areas where disposal or processing activities actually occur, support facilities, borrow areas, office equipment sheds, air and water pollution control and treatment systems, access
roads, associated onsite and contiguous collection, transportation an storage facilities, closure and post closure care and maintenance activities and other activities in which the natural
land surface has been disturbed as a result of or incidental to operation of the facility. NONCONFORMING 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. NONCONFORMING SIGN:
of a district in which it is located. A sign which does not conform to the regulations NONCONFORMING STRUCTURE: A structure or part of a structure manifestly not designed to comply with
the applicable 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
or prior to the application of this ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE: A use, whether of land or structure, which does not comply with the applicable use provisions of this ordinance or amendment heretofore or hereafter enacted, where
such use was lawfully in existence prior to the enactment of this ordinance or amendment to its location by reason of annexation. NURSERY, HORTICULTURE: Any lot or parcel of land used
to cultivate, propagate, and grow trees, shrubs, vines and other plants including the buildings, structures, and equipment customarily incidental and accessory to the primary use. NURSING
OR CONVALESCENT HOME: full-time care of human beings and which may include housing or lodging, meals, and nursing. A building designed and used for the I I I I I I 1 I I I I I 1 I I
1 I I 1
I I I I 1 I I I I 1 I I ' I NUTRIENT MANAGEMENT ACT, ACT 6: All Concentrated Animal Operations (CAO) and Concentrated Animal Feed Operations (CAFO) must comply with the Pennsylvania
Nutrient Management Act. Appropriate approval from the State must be obtained and a copy presented to the Township prior to issuance of any permit for concentrated animal operations
of any type. OBSTRUCTION: Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill,
structure, or matter in, along, across, or projecting into any channel, watercourse, or floodprron area, which may impede, retard, or change the direction of the flow of water either
in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property. ONE HUNDRED
YEAR FLOOD: A flood that, on the average, is likely to occur once every one-hundred (100) years (i.e. that has a one percent (1%) chance of occurring each year, although the flood may
occur in any year). OPEN SPACE: The unoccupied space open to the sky on the same lot with the building. PARKING SPACE: The space within a building, or on a lot or parking lot, for the
parking of one (1) automobile. PEDESTRIAN WALKWAYS: An area reserved for non-motor vehicle and pedestrian use. Normally a minimum of five feet ( 5 ' ) in width, except along existing
roadways where a minimum of three feet ( 3 ' ) width is permitted. Walkways may be along existing roadways, future roadways, or completely separated from roadways, and for the use of
the general public. PERSON: Any natural individual, firm, company, corporation, tenant, owner, trust partnership, association, lessee, licensee or agent. PLANNED RESIDENTIAL DEVELOPMENT:
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination or residential and nonresidential uses, the development
plan for which does 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, 19
from time to time, under the provisions of a municipal zoning ordinance. PLAT: A map, plan, or layout showing the subdivision of land and indicating the location and boundaries of individual
properties. PREMISES: A lot, parcel, or tract of land and any building constructed thereon. PRINCIPAL USE: The main or primary use of a building, structure, or lot. PRIVATE: Not publicly
owned, operated or controlled. PRIVATE DRIVEWAY: A vehicular access to a single family dwelling, duplex or townhouse or other undeveloped property. PRIVATE ROAD: A right of way other
than a street, which provides vehicular access to two or more lots. PUBLIC: Owned, operated or controlled by a government agency (Federal, State or Local -including a corporation created
by law for the performance of certain specialized governmental functions and the Board of Public Education). PUBLIC HEARING: A formal meeting held pursuant to public notice by the Township
Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Ordinance. PUBLIC NOTICE: Notice published once each
week for two 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 hearings. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. PUBLIC
UTILITY FACILITY: public service such as supplying gas, electricity, telephone service or transportation, operated or regulated by the federal, state, or local government, excepting,
however, Essential Municipal Service Facilities and communications towers. A facility designed to perform an essential 20 I 1 1 I I I I I I I I I I I I I I I I
QUARRY, SAND PIT, GRAVEL PIT, BORROW PIT, TOP SOIL STRIPPING: A l o t or land or part thereof used for the purpose of extracting stone, sand, clay, gravel, or top soil for sale, and
exclusive of the process of grading a lot preparatory to the building permit has been made. REGULATORY FLOOD ELEVATION: The one-hundred (100) year flood elevation plus a freeboard safety
factor of one and one half (1%') feet. RESIDENTIAL DISTRICT: Within the context of this Ordinance, this definition shall encompass the Forest Conservation District, the Agricultural
District, the Low Density Residential District, and the Medium Density Residential Districts, and Mobile Home Parks. RIDING ACADEMY: An establishment where horses are kept for riding
or driving, or are stabled for compensation. ROOMING HOUSE: (See Lodging House). SALVAGE YARD: (See Junk Yard). SANITARY LANDFILL:
(See Municipal Waste Landfill) SCHOOL: Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or or a lawfully constituted
ecclesiastical governing body, person, partnership or corporation meeting the requirements of the Commonwealth of Pennsylvania. SCHOOL, COLLEGE: Similar to elementary and secondary schools,
except education is at an advance level, and may include junior college, college or university. SCHOOL, ELEMENTARY: Any school having regular sessions with employed instruction which
teaches those subjects that are fundamental and essential in general education for elementary grades. SCHOOL, NURSERY: Any place designed and operated to provide regular instruction
and daytime care for two or more children under the age of elementary school. ' SCHOOL, SECONDARY: Same as elementary school except general education is provided for secondary grades.
21
SCHOOL, VOCATIONAL: Same as elementary and secondary school except I that the primary activity is training in a trade or vocation. I I I I I SCRAP PROCESSING AND MANUFACTURING: Scrap
Processing and Manufacturing is the receiving of unprepared or unprocessed scrap, the segregation of this material into grades, and the production of finished metal products in specific
sizes and physical configurations according to the specifications of steel mills, foundries, and refineries, by manufacturing processes such as baling, shearing, shredding, or otherwise
processing the unprocessed materials through the use of specialized machinery and equipment. SCREEN PLANTING: A vegetative material of sufficient height and density to conceal from the
view of property owners in adjoining districts the structures and uses on the premises on which the screen planting is located. I I I I SCREENING: A well maintained, solid opaque fence,
or wall at least eight ( 8 ) feet in height or hedge, or vegetative material at least six (6) feet in height and of density to conceal from the view of adjoining property owners the
structures and uses on the premises on which the screening is located. SHOPPING CENTER (INCLUDES MALLS AND STRIP MALLS): A group of stores planned and designed to function as a unit
for the lot on which it is located with off-street parking provided as an integral part of the unit. I 1 I I SIGN: Any surface, fabric, device or structure (including billboards or poster
panel) bearing lettered, pictorial or sculptured matter designed for visual communication and used for the purpose of bringing the subject thereof to the attention of the public, but
not including any flag, badge, or insignia (including any traffic control or direction sign) of any government. SPECIAL EXCEPTION: A modification of the regulations of the ordinance
which the Zoning Hearing Board is permitted to authorize in specific instances listed in this Ordinance: 22
I 1 I I I I I I I I I I I 1 I I I I 1 SPECIFIED ANATOMICAL AREAS: 1. Less than completely and opaquely covered. a. Human genitals, pubic region; b. Buttocks; or c. Female breasts below
a point immediately above the top of the areola; and 2. Human male genitals in a discernible turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: 1. Human
genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse, or sodomy; or 3 . Fondling or other erotic touching of human genitals, pubic
region, buttocks, or female breasts. STABLE, PRIVATE: An accessory building in which horses are kept for private use and not for hire, renumeration, exhibition or sale. STABLE, PUBLIC:
A building in which any horses are kept for remuneration, hire, exhibition or sale. STORY: That portion of a building included between the surface of any floor and the surface of the
floor next above it; if there is no floor above it, then the space between any floor and the ceiling immediately above it. STREET: A public street, avenue, boulevard, road, highway,
freeway, or parkway which affords vehicular access to abutting properties. STREET GRADE: which a l.ot fronts or in its absence the established grade of other streets upon which the lot
abuts; at the midway of the frontage of the lot thereon. grade of the street at such midpoint shall be taken as the street grade. The officially established grade of the street upon
If there is no official established grade, the existing 23
STREET LINE: The dividing line between the street and lot, also known as the right-of-way. STRUCTURE: Any man-made object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land. SUBDIVISION: The division or redivision of a lot, tract or parcel of land by any means into two 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 acres, not involving any new street or
easement of access or any residential dwelling shall be exempted. For the purpose of this Ordinance in deciding what is a subdivision, multiple lots, tracts or parcels which have been
conveyed on one deed regardless of number of lots, tracts or parcels and regardless of the method of taxation, shall be considered to be a single lot, tract or parcel; and shall be subject
to the provisions of this ordinance if any division, redivision or resubdivision of such lots, tracts or parcels is desired. SUBSTANTIAL IMPROVEMENT: Means any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, improvement or repair is started, or (b) if the structure has
been damaged, and is being restored, before the damage occurred. (a) before the TELEPHONE CENTRAL OFFICE: A building and its equipment erected and used for the purpose of facilitating
the transmission and exchange of telephone and radio messages among subscribers, and other business of a telephone company, provided that in a residential district a 1 I I I I I I I
I I 1 I I telephone central office shall not include public business facilities, storage of materials, trucks, or repair facilities, or housing of repair crews. I I I I 1 I THEATER:
moving pictures or theatrical productions on a commercial basis. A building or part of a building devoted to the showing of 24
THEATER, OUTDOOR DRIVE-IN: An open lot or part thereof with its appurtenant facilities primarily to the showing of moving pictures or theatrical productions on a commercial basis to
patrons seated in automobiles or on outdoor seats. I I I I I I I I TOURIST CAMP: Any park, tourist park, tourist court, camp, court, site, lot, parcel or tract of land upon which one
or more camp cottages, cabins or tent sites are located and maintained for the accommodations of transients by the day, week, or month whether a charge is made or not. TOURIST HOME:
by transient guests for compensation. A dwelling in which overnight accommodations are used TOWNHOUSE: story construction so situated that there are 3 or more units contiguous to one
another with some common walls, adjacent parking facilities and common yards or open space provided for all occupants. Single family attached dwelling unit of one, two or three TRAILER
COACH: (See Mobile Home). TRAILER PARK: (See Mobile Home Park) . USE: arranged, intended, or for which it is or may be occupied or maintained. deemed to include any nonconforming use.
The specific purpose for which land or a building is designed, The term "permitted use" or its equivalent shall not be VARIANCE: adjustment to some regulation which, if strictly adhered
to, would result in an unnecessary hardship and where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of the Ordinance.
The permission granted by the Zoning Hearing Board for an VEHICLE, ABANDONED: A vehicle, such as automobile, truck, tractor, farm or construction equipment, that has been at the same
location on public or Township property or rights-of-way for more than seven consecutive days. ( 7 ) I I 25 I 1
VEHICLE, DISMANTLED: A vehicle, such as automobiles, truck, tractor, farm or construction equipment, which has had sufficient parts removed that it cannot be repaired and operated in
a reasonable time. my vehicle that cannot be repaired or moved under its own power within 30 days of a notice to move is considered dismantled. VEHICLE, INOPERABLE: A vehicle, such as
automobile, truck, tractor, other farm or construction equipment, which will not start and move under its own power and has not been repaired within 30 days. VEHICLE, UNLICENSED: A vehicle,
such as automobiles, truck, tractor, farm or construction equipment, that is not properly inspected or licensed in accordance with the PA Motor Vehicle Code. WATERCOURSE (STREAM): Any
channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. WINDOW: An opening to the outside, other than
a door, which provides all or part of the required natural ventilation, natural light, or both to an interior space. YARD: structure, or merchandise or material for display or sale,
located on the same lot with a building, structure or use. A space open to the sky and unoccupied by any building, YARD, EXTERIOR: An open, unoccupied space between the buildings of
a dwelling group or its accessory buildings and the project boundary or street line. YARD, FRONT: An open, unoccupied space on the same lot with a main building, extending the full width
of the lot and situated between the street line and front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front
line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front
yard. YARD, INTERIOR: dwelling group or its accessory buildings, not a front, side, or rear yard. An open unoccupied space between the buildings of a 26 I 1 I I I I 1 I I 1 1 I II I
1 u I I I
I 1 I I I I 1 I (I 1 YARD, REAR: An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and
the rear line of the building projected to the side lines of the lot. The depth of the rear line of the building shall not extend into the required rear yard. YARD, SIDE: An open, unoccupied
space on the same lot width the building situated between the building and the side line of the lot extending from the front yard to the rear yard. Any lot line not a rear line or a
front line shall be deemed a side line. A building shall not extend into the required side yards. ZONING: To partition by ordinance into sections reserved for different purposes and
uses. Zoning Map: Districts of the Township, which shall be part of This Ordinance. The map setting forth the boundaries of the Zoning 27
I ARTICLE I1 Designation of Districts Districts I I For2 toho e purpose of this Ordinance, the Township of Washington is hereby divided 1 (F-C) I I (R-3) I (C) I I (C-N) (CN-R) into
districts which shall be designated as follows: Forest Conservation District Agricultural District Low Density Residential District Medium Density Residential District Medium Density-Mobile
Home Residential District Commercial District Commercial Neighborhood District Commercial Neighborhood (Residential) District Industrial District (FW) (FF) (FA) Flood Plain District
(overlay) SECTION 201 Zoning Map I The boundaries of said districts shall be shown upon the map attached to and made a part of this Ordinance which shall be designated ''Zoning Map".
The said map and all the notations, references and other data shown thereon are hereby incorporated by reference into this Ordinance as if all were fully described herein. I I SECTION
202 District Boundaries Where uncertainty exists as to boundaries of any district as shown on said map, the following rules shall apply: 1. District boundary lines are intended to follow
or be parallel to I I 28
2. 3 . 4 . SECTION In the center line of streets, streams, and railroads; and lot or property lines as they exist on plan of record at the time of the adoption of this Ordinance, unless
such district boundary lines are fixed by dimensions as shown on the Zoning Map. Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, and
where it does not scale more than ten (10) feet therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise. In unsubdivided land or where
a district boundary divides a lot, the location of such boundary, unless the same is indicated, by dimensions, shall be determined by the use of the scale appearing on the map. The limits
of any Flood Plain District boundary shall be determined by the requirements listed in Article XVIII of this Ordinance. 203 Interpretation of Boundaries case of any uncertainty, the
Planning Commission shall interpret the intent of the map as to location of district boundaries. SECTION 204 Use Adjustment on District Boundaries In unsubdivided land where a district
boundary line divides a lot held in single and separate ownership, the following rules shall apply: 1. The use in a less restricted district may extend over the portion of the lot in
the more restricted district, a distance of not more than fifty (50) feet beyond the district boundary line providing such extension does not exceed the frontage of the less restricted
district along a street. 2. The frontage of the less restricted district may extend over the portion of the lot in the more restricted district, a distance of not more than fifty (50)
feet beyond the district line providing a special exception is granted by the Zoning Hearing Board. I 1 I I 1 I I I I 29
I ARTICLE I11 General Regulations Use Regulations I I 300 I I I I I I I I 1 1 I I I I 1. Any use not permitted by this Ordinance shall be deemed to be prohibited. of this Ordinance shall
not be deemed to be an exhaustive list but has been 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. Any list of prohibited uses contained in any section 2. Uses Not Provided For: In any district established by this Ordinance when a
specific use is neither permitted nor prohibited, the Board of Supervisors upon recommendation of the Planning Commission shall make a determination as to the similarity or compatibility
of the use in question to the permitted uses in the district. be issued by the Zoning Officer for any unspecified use until this determination has been made by the Board of Supervisors.
A fee shall be charged for any application under this section. No building or use permit shall 3. Neighborhood Outdoor Recreation Areas (other than municipal) : Where permitted conditionally
shall comply with the following criteria: a. b. C. d. e. Such use shall not be primarily for gain or profit. The facility shall be designed to serve only the neighborhood. Parking shall
be provided in accordance with the provisions of the Off-street Parking Section, Article VI, of this ordinance. Club rooms or buildings shall be permitted only when incidental and accessory
to the permitted recreation use. A buffer yard of thirty (30) feet in width shall be provided along a l l property lines adjacent to residential uses. This buffer yard shall be in addition
to required yard setbacks 30
and shall have no structures, play equipment, or other such material placed in it. f. Plans shall be submitted for the review by the Planning Commission and approval by the Board of
Supervisors. 4. Outdoor Lighting: All outdoor lighting other than street lighting shall be so arranged and shielded so that: a. No glare or direct illumination is cast upon adjoining
residential uses in any district. b. No unsafe driving condition is created by glare or direct illumination. 5. Swimming Pools: Private swimming pools not in conjunction with other recreational
uses shall be a permitted accessory use in any district provided that: a. b. C. d. A building permit shall be required for the installation or construction of an outdoor above or below
ground swimming pool on or not on the same lot as the principal use. The pool is to be used solely by the occupants of the principal use of the lot on which it is located, and their
occasional guests. The pool shall' not be located within fifteen (15') feet of any rear of side lot lines or thirty ( 3 0 ' ) feet of any street right-of-way line. Decks and other accessories
for pools must comply with the yard setbacks for the Districts in which they are located. Any such pool with a surface area of one hundred square feet (100 square feet) or more or a
depth in excess of eighteen (18") inches shall obtain a building permit for the pool and deck and any other accessories. In ground pools shall be completely surrounded by a fence or
wall that is not less than four (4') feet in height as soon as practical after completion of the pool. All gates or doors opening through this 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, for pools 31
more than three ( 3 ' ) feet above ground level, a fence is not required, provided all points of access to the pool are adequately secured and protected. Any wire fencing used around
swimming pools shall be a minimum of at least 11% gauge. e. Conventional wading pools less than the area and depth requirements of item d. above shall be exempt. 6. Grading of Land,
Erosion and Sedimentation Control. a. Any earthmoving activity preparatory to construction or expansion of a building or use for which a building permit is issued must comply with the
soil, erosion and sedimentation requirements and storm water management requirements of the approved plot plan or land development plan. b. Earthmoving activities, which are not preparatory
to the construction or expansion of a building for which a building permit has been issued, must submit a soil and erosion control plan and a storm water 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 normally be approved
by the Township staff. However, more complex plans will require review by the Township Engineer. The applicant(s) shall be responsible for any and all engineering review fees. c. For
earthmoving activities not covered above, appropriate sediment and erosion control procedures shall be followed for all earthmoving activities regardless of their size. d. In construction
areas, the contractor, and ultimately the owner, of any lot upon which construction activity is occurring, is responsible for removal of mud from the roadways accessing the lot. Regardless
of whether mud was put 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 contractor/owner
is responsible for immediate cleanup of the mud and debris from the paved roadway. Failure to remove such material from the 32
7 . roadway in a reasonable time, or immediately after notification by the Township of the need for such action, will result in the Township taking action to remove the mud/debris and
billing the owner of the property for this work. a. b. C. d. e. f. g. Public Utility Facilities: Public utility facilities shall be conditionally permitted in any district without regard
to the use and area regulations; provided, however, that buildings or structures erected for these utilities shall be subject to the following regulations: Front, side and rear yards
shall be provided in accordance with the regulations of the district in which the facility is located. Height shall be as required by the district regulations. Unhoused equipment shall
be enclosed with a chain link fence six ( 6 ' ) feet in height, topped with barbed wire. Housed equipment -when the equipment is totally enclosed within a building, no fence or screen
planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located. Screen planting in residential districts -the required fence
for unhoused equipment shall be surrounded by an evergreen planting producing an effective visual barrier ten (10') feet in height within five years of planting. The external design
of the building shall be compatible with the buildings in the district. Access for unhoused equipment -where vehicular access is across the front yard, the gate shall be constructed
of materials having not less than fifty (50%) percent solid in ratio to open space. In residential districts, the permitted public facility shall not include the storage of vehicles
or equipment used in the maintenance of any utility and no equipment causing undue and unusual noise, vibration, smoke, odor, or hazardous effect shall be installed. 33
'I h. Plans of the facility shall be submitted for review by the Planning Commission and approval by the Board of Supervisors. SECTION 301 Height Regulations I 1. I .-I L . SECTION I
I 1. L a . I I SECTION Height regulations shall not apply to any of the following provided the use is not for human occupancy; spires, belfries, cupolas, domes, chimneys, ventilators,
skylights, water tanks, utility poles or towers, silos, and ornamental or necessary mechanical appurtenances. In all residential zones, accessory buildings shall not exceed twenty-five
(25') feet in height. 302 Area and Access Regulations On a lot held in single and separate ownership at the effective date of this Ordinance, which does not fulfill the regulations for
the minimum lot area and width for the district in which it is located, a building may be erected or altered, upon issuance of a building permit by the zoning officer provided all other
district regulations are met. The area, width, and depth of lots shall provide adequate open space for off-street loading, unloading, and/or parking space, and yards. In all cases where
public sewers are not available, the lot areas shall be sufficient size to provide open areas, exclusive of parking area or other paved areas for a septic tank and tile field. 303 Yard
Regulations Yards shall be provided in accordance with the provisions set forth herein and shall be planted with grass seed, sod, ground cover or other vegetative covering excepting,
in cases where walks, access drives, off-street parking lots, patios, or other types of surfaces are permitted by this Ordinance. 1. Setbacks -Where the street or private road upon which
the lot 1 I abuts is less than fifty (50') feet in width, the front yard depth and the width of the side yard abutting the street or private road shall be measured from a line parallel
to and I 34
2. 3 . 4. I I twenty-five ( 2 5 ' ) feet from the centerline of the street or private road. Adjustments to meet existing setbacks in front yards. a. When an unimproved lot is situated
between two (2) improved lots, each having a principal building which extends into the required front yard and has been so maintained since the effective date of this Ordinance, the
front yard of such unimproved lot may be the same depth or greater of the front yards of such two (2) adjacent improved lots, notwithstanding the yard requirements of the district in
which it is located. I I I I I I 1 I b. Where an unimproved lot adjoins only one improved lot having thereon a principal building, within one hundred (100') feet of the common side lot
line, which extends into the required front yard of such improved lot and which extension existed at the effective date of this Ordinance, the front yard depth of such unimproved lot
may be the average depth of the front yard of such adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the yard
requirements for such district. However, the second unimproved lot from the original improved lot must have at least the minimum front yard depth required in the district. 1 Side Yards
for Corner Lots -On a corner lot, the side yard abutting the street shall have a width equal to the depth of the front yard required in the district. Accessory Buildings may be constructed
in accordance with the following provisions: (1) On conforming lots: I I I (a) (b) An accessory building shall not be within any front or side yard. An accessory building located in
a rear yard shall not be erected closer than ten (10') feet to any lot line. 35
(2) On existing non-conforming lots in the Forest Conservation and Agricultural Districts which have less than required lot width: (a) An accessory building shall not be erected within
any front yard, but may be erected within fifteen (15') feet of the side yard property line. (b) An accessory building located in a rear yard shall not be erected closer than ten (10')
feet to any lot line. 5. Buffer Yards: Where buffer yards are required under the terms of ' this Ordinance, they shall be provided in accordance with the following standards: a. Unless
otherwise specified in this Ordinance, where a 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; where an industrial use abuts any district other than commercial or industrial,
a buffer yard of not less than one hundred (100') feet shall be required and offstrree parking and loading areas shall be set back a minimum of thirty (30') feet. b. Buffer yards shall
be in addition to normal yard setbacks for the 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. 36
6. Screen Planting: Where screen plantings are required and are not specifically described under the terms of this Ordinance, they shall consist of trees, shrubs, and other plant materials
arranged in a manner to serve as a barrier to visibility, airborne particles, glare, and noise. The screen planting shall be in accordance with the following requirements: a. Plant material
used in the screen planting shall be comprised of not less than fifty percent (50%) evergreen material and shall be not less than four feet ( 4 ' ) in height. b. The screen planting
shall be permanently maintained by property owner. c. The screen planting shall be placed that at maturity it will not be closer than three feet ( 3 ' ) from any street or property line.
d. A clear-sight triangle shall be maintained at all street intersections and at all points where access-drives intersect public streets. e. The screen planting may be broken at points
of vehicular or pedestrian access and at other points where a barrier is not necessary. f. Prior to the issuance of a building permit, complete plans showing the arrangement of all buffer
yards and the placement, species, and size of all plant materials to be placed in such buffer yard shall be approved by the zoning officer . 7. Projection In Yards: a. Cornices, eaves,
gutters, bay windows, chimneys may project into the front, side, or rear yard of a lot, not more than twenty-four inches (24") . b. Covered porches, whether enclosed or unenclosed, shall
be considered as part of the main building and shall not project into any yard. I I I I 1 I I I I I 1 I' 37
,I I I I 1 I I C. d. e. Driveways, walks, parking areas, stairs, and window wells, and such other structures customarily incidental to the main building may project into front, side,
or rear yards of a lot providing the grade elevation shall not be more than twelve inches (12") above the yard grade. Uncovered steps and entrance canopies not greater than five feet
( 5 ' ) in depth and six feet (6') in width may project into any required
yard. Handicapped ramps may project into yards as required to maintain proper grade. Items not specifically permitted in the above subparagraphs are not permitted to be constructed
in such a manner that they project into yards in any district. 8 . Obstructions to Vision: No obstructions to vision installed after the effective date of this Ordinance exceeding thirty
inches ( 3 0 " ) in height above street level shall be erected or maintained within a fifty-five ( 5 5 ' ) foot clear site triangle formed by the centerline of intersecting streets.
I I I The3 a04r ea, Rweiddutcht,i oorn doef ptLoht ofD iamneyn sliootn ss hall not be reduced by subdivision, sale, or development, so that the lot width, lot area, lot area per dwelling
unit, courts, and yards, or other open spaces are smaller, or so that the coverage is greater than prescribed I herein. I SECTION 305 Waste and Sewage Disposal All methods and plans
for the on-lot disposal of sewage or wastes shall be designed in accordance with Act 537 (Pennsylvania Sewage Facilities Act) and with all applicable regulations or ordinances pertaining
to the treatment and disposal of sewage and wastes. A sewage permit shall be a prerequisite to the issuance of a building permit . I I I 306 1 I Existing Agricultural and Farming In
any district within the Municipality existing agricultural and farming operations shall be considered as a permitted use. 38
I 1 I I SECTION 307 Performance Standards No land or building in any District in the Township shall be used or occupied in such a manner so as to create any dangerous or objectionable
elements in such amount as to adversely affect the surrounding area or premises. All uses of land or building shall initially and continuously comply with all applicable performance
standards established by Federal and State agencies. Performance standard determination shall be administered in accordance with applicable Sections of this Ordinance. I I I I SECTION
308 Parking of Large Vehicles in Residential Districts No truck-tractor, semi-trailer, or any vehicle with more than two axles shall be parked or stored in any R-1, R-2 or R-3 district,
either on the public road or on private property. The terms Ittrucktracctor lfsemi-trailerlaln d 'Ivehicle1ls hall have the definitions provided for under the Vehicle Code, 1976, P.L.
162, No. 81, 81, 75 Pa. C.S. § 101, et seq. This section shall not be applicable to motor homes. Additionally, no construction equipment shall be stored or parked on any public road
or private property, in the R-1, R-2, or R-3 Districts except when being used in connection with active construction. SECTION 309 Storage of Motorhomes, Trailers, Boats, Recreational
Vehicles and Dismantled or Non-Operable Vehicles 1. Motorhomes, trailers, boats, or other recreational vehicles may I be stored but not occupied in any district. 39 2. I I I Where a
building permit has been issued for the construction or alteration of a building, a temporary permit for occupancy of one motorhome or camping trailer may be issued for a period not
to exceed six months. Said temporary permit may be extended monthly up to a maximum of six months if it can be shown that justifiable circumstances require such extensions. Said motorhome
or camping trailer must be occupied by the lot owner during the term of the temporary permit, and shall be situated upon the lot for which the building permit has been issued provided
all yard setback requirements are met and unit has access to sewage disposal. I
I I I 1 I I I I 3 . 4. 5. I I I I I I I The residential storage of dismantled, non-operable or nonliceense or non-inspected motor vehicles shall not occur within any front yard or side
yard or withing ten (10') feet of any property line in any district. In the R-1, R-2 and R-3 districts, no more than one (1) such vehicle shall be stored openly on any lot. In the F-C
and A districts, no more than three ( 3 ) such vehicles shall be stored openly on any lot. Mobile homes, or manufactured homes, shall not be utilized as accessory buildings (i.e. storage
buildings, workshops, etc.) in any district. Mobile homes shall be used as dwelling units or otherwise removed from the property. Vehicles, such as truck trailers, vans, trucks, shall
not be used for the storage of items in any district except the C and I districts and on a temporary basis on active building sites in any district. ( 3 0 ) days while being loaded or
unloaded. Such vehicles may remain on a lot up to thirty 310 Customary Home Occupations Customary Home Occupations and professional offices or studios where permitted as an accessory
use are subject to the following provisions. 1. 2. 3. Where Permitted: Within a single dwelling unit or in a building or other structure accessory to the dwelling unit and provided only
persons residing in said dwelling are employed in the home occupation. Evidence of Use: Does not display or create outside the building any evidence of the home occupation except one
(1) non-lighted sign (maximum of six (6) square feet in size) which must be mounted on the face of the building. Permitted Uses One of the following customary home occupations shall
be permitted for a single family dwelling provided all off-street I ~i I 40
parking standards and any other requirements are in compliance. I a. b. C. d. e. f. SECTION 311 Whenever I Medical, dental, or other professional office or studio. Rooming and/or boarding
of not more than two persons. Custom tailoring. I I Tutoring for not more than four students simultaneously. Barber shop, beauty parlor or tanning salon. Computer operations including
word processing. Any similar related customary home occupation which in the I opinion of the Zoning Hearing Board is clearly incidental to the residential use of the premise and neighborhood.
Homeowner's Association a developer or owner proposes to provide land or structures 1 for the benefit of only particular home owners of a project such as usable open space and active
play areas, a Homeowner's Association shall be established in accordance with the following provisions. -1. 2. I I I I I The Homeowner's Association shall be established either as a
incorporated organization or an unincorporated association operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member,
and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. Additionally, 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. The Homeowner's Association's 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. 41
3. 4. 5. b. C. d. e. The Membership and voting rights including any distinction between membership classes. Covenant for Maintenance Assessments including the creation of the lien and
personal obligation of assessments, purpose of assessments, the maximum annual assessments, special assessments for capital improvements, uniform rate of assessments, and subordination
of the lien to mortgages. Architectural and Exterior Maintenance Control. General Provisions including enforcement, amendments, and property annexation procedures. developer or owner
shall assume all responsibilities for the Homeowner's Association until seventy-five percent (75%) of the dwelling sites are sold or until such time as the Association formally assumes
such responsibility. Once the Homeownerls Association is established, the developer or owner shall be responsible for payment of dues to the Homeowner's Association for lots which he
owns. Stages Developments: If the developer proposes to construct the project over a period of separate stages, the Homeowner's Association may also be staged consistent with the development
time schedule. Approval : The Township Supervisors shall retain the right to review and approve the articles of incorporation and all Declarations of Covenants, Conditions and Restrictions
of the Homeownerls Association. (For the sake of consistency within the Township, it is recommended that the United States Department of Housing and Urban Development, Federal Housing
Administration's Suggested Legal Documents for Planned Unit Developments, FHA Form 1400 and VA Form 26-8200 be consulted.) 42
SECTION 312 Shopping Centers Compliance with the following standards in addition to the applicable requirements contained elsewhere in this Ordinance shall be required in 1. 2. 3 . 4.
5 . order for shopping centers to be permitted in Commercial Districts. Access: There shall be no access points located within seventy feet (70') of intersecting streets, unless such
points are located directly at an intersection. A minimum of two (2) points of vehicular ingress and egress, separated by not less than 200 feet is required. Facilities for pedestrian
ingress and egress may also be required by the Township Supervisors. Management: A shopping center shall be under unified management which shall clearly establish centralized responsibility
for the operation and maintenance of the project including all common areas. Signs : There shall be only one free standing sign per road frontage which shall be designed and used for
the purpose of announcing the shopping center itself in compliance with the applicable provisions of this Ordinance and may be lighted. Parking : There shall be a minimum of 5.5 parking
spaces for every one thousand square feet (1,000 sq. ft.) of floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors measured from
the center line of joint partitions and from the outside wall faces. This area is commonly referred to as Gross Leasable Area (GLA). Circulation: Traffic circulation within a shopping
center project shall be designed to minimize pedestrian and vehicular mixing and congestion. perimeters and along store entrances. Circulation shall be provided along the outer 43
I SECTION 313 Dwelling/Lot Ratio The ratio of dwellings per lot shall be one dwelling per lot, and each dwelling is to be on a separate, independent lot, meeting the requirements of
this Ordinance and the Washington Township Subdivision and Land Development Ordinance. 1 I SECTION 314 Pedestrian Walkways Walkways may be required in any proposed development. walkways
may be along existing roadways, future roadways or completely separated from roadways, and for the use of the general public. Board of Supervisors, upon recommendation form the Planning
Commission shall determine when walkways are required after considering the health, safety and welfare of the residents of the Township. If required, The 44
I ARTICLE IV Nonconforming Buildings and Uses All lawful uses of land or of a building, sign, or other structures existing on the effective date of this Ordinance may be continued, altered,
' reconstructed, changed, sold, or maintained, even though such use may not Idc iosntfroircmt t ion t whhei uchs ei,t heisi glhotc,a atreeda,, p yroavridd,e da nds uocthh neorn croengfuloartmiionngs
c oofn dtihtei ons shall comply with the following: SECTIoN 400 I Registration of Nonconforming Uses The Zoning Officer shall identify and register all nonconforming uses, I nonconforming
lots, and nonconforming structures. I Alterations I 401 1. Repairs and structural alterations may be made to a nonconforming building or a building occupied by a nonconforming use. 2.
A nonconforming building which is damaged by fire, explosion or Act of God, may be rebuilt and used for the same purposes, except as may be required in the Flood Hazard District Article
of this Ordinance, provided that: a. The reconstruction of the building is commenced within one year from the date of the destroying of the building and is carried to completion without
undue delay. 1 Extensions or Enlargements 402 B I 1 1. Permits issued by the Zoning Officer a. The Zoning Officer may issue a building permit for the extension or enlargement of the
following: (1) A nonconforming building occupied by a conforming use, subject to the provisions of Section 402.3. 45
(2) A nonconforming or conforming building occupied by a nonconforming use, subject to the provisions of Section 402.3 and subject to the provision that the extension or enlargement
shall be no more than forty percent (40%) of the existing floor area of the building. (3) Any single family dwelling in any district, subject to the provisions of Sections 402.3a and
c. b. Administration and Procedure (1) Plans: The applicant shall submit to the Zoning Officer for his review a sketch plan containing the following information: (a) Lot area. (b) (c)
enlargement. (d) Location and size of existing buildings. Location and size of proposed extension or Other pertinent information required by the Zoning Officer to permit a review of
the application. ( 2 ) Notification of adjoining property owners: After the application for the building permit has been completed, the Township shall notify all abutting property owners.
This notification shall be by regular mail at the address listed in the most recent edition of the tax duplicate. ( 3 ) Aggrieved parties: Any abutting property owner who is aggrieved
by this proposed enlargement shall f i l e written notice with the Township within ten (10) days of the date of the notice. Upon receiving this written notice, the application for the
building permit for the extension or enlargement shall become void and the applicant shall then apply to the Zoning Hearing Board for special exception in accordance with Section 402.2
of this Ordinance. ( 4 ) Fees: In addition to the building permit fee, an additional fee shall be charged for review of applications under this Section. 46 I I I I I 1 1 I 1 I I I i
I I 1 I 1 a
c. Applications limited: Extensions or enlargements permitted under this Section shall not be cumulative, but shall be limited to a total of forty percent (40%) of the size of the building
at the time of the first application. Any further extensions or enlargements may be permitted only after the granting of a Special Exception under Section 402.2. 2 . Special Exception
by the Zoning Hearing Board -The Zoning Hearing Board may authorize as a special exception the following types of extensions and enlargements for nonconforming uses and buildings existing
on the effective date of this Ordinance and not otherwise regulated under Section 402.1 of this Ordinance, subject to the provisions of Section 402.3. a. The extension of a nonconforming
use of land upon a lot occupied by such use. b. The extension or enlargement of a conforming building occupied by a nonconforming use. c. The extension or enlargement of a nonconforming
building occupied by a nonconforming use. d. The extension or enlargement of a nonconforming building occupied by a conforming use. 3 . The following extensions or enlargements shall
be subject to the following conditions. a. The extension or enlargement shall conform to the height and yard regulations of the district in which it is located; provided, however, that
a building nonconforming as to yard requirements may be extended or enlarged so long as the extension or enlargement does not project further than the existing building. b. The extension
or enlargement of the building use shall be provided with off-street parking and loading spaces as required by the Off-street Parking Article. c. The extension or enlargement does not
replace a conforming use. 47
d. The area of the lot and the percentage of lot coverage shall conform to the minimum requirements of the district in which the building is located. SECTION 403 Change of Use 1. A nonconforming
use may be changed to another nonconforming use of the same or more restricted classification by obtaining a Zoning Permit. 2. Whenever a nonconforming use has been changed to a more
restricted classification, or to a conforming use, such use shall not hereafter be changed to a use of less restricted classification. SECTION 404 Discontinuance If a nonconforming use
of a building or land ceases or is discontinued for a continuous period of one (1) year or more, subsequent use of such building or land shall be in conformity with the provisions of
this Ordinance, except when the discontinuance is due to a death and the settling of the estate. In such cases, the discontinuance shall be presumed to start when the estate is settled
or a court order concerning the disposition of the estate has been entered. SECTION 405 Business Identification Signs Nonconforming Business Identification Sign on existing nonconforming
uses may be maintained provided that such signs shall conform to the Sign Article when replaced, relocated, or structurally altered. SECTION 406 Mobile Homes Existing nonconforming mobile
homes in any district may be replaced with another mobile home by obtaining a building permit. replacement mobile home must be no closer to the property line, if nonconforming, than
the existing mobile home or must be within the setback for the district. Any 48 I 1 I 1 I I 1 1 I 1 1 I I 1 1 I 1 I I
I ‘I ARTICLE V Signs SECTION 500 Regulations Signs may be erected and maintained only when in compliance with the provisions of this Article and any and all other Ordinances and regulations
relating to the erection, alteration or maintenance of 1 1 signs and similar devices. 1 SECTION 501 Signs in the Residential, Forest Conservation and Agricultural Districts 1 I I I I
1 I I I I 1 The following types of signs and no others shall be permitted in the following Zoning Districts R-1, R-2, R-3, F-C, and A. 1. Signs advertising the sale or rental of the
premises upon which they are erected, when erected by the owner or broker or any other person interested in the sale or rental of such premises, may be erected and maintained, provided:
a. The size of any such sign is not in excess of six (6) square feet, and b. Not more than one (1) sign is placed upon any property in single and separate ownership, unless such property
fronts upon more than one street, in which event one such sign may be erected on each frontage. 2. Signs advertising the sale or development of the premises upon which they are erected,
when erected in connection with the development of the premises by a builder, contractor, developer, or other person interested in such sale or development, may be erected and maintained,
provided: a. The size of any sign is not in excess of twenty (20) square feet, and b. Not more than one (1) sign is placed upon any property in single and separate ownership, unless
such property fronts upon more than one street in which event one sign may be erected on each frontage. 49
3 . Signs indicating the location and direction of premises available for or in process of development, but not erected upon such premises and having inscribed thereon the name of the
owner, developer, builder or agent may be erected and maintained provided : a. The size of any such sign is not in excess of twenty ( 2 0 ) square feet , and b. Not more than one such
sign is erected on each five hundred ( 5 0 0 ’ ) feet of street frontage. 4. Signs of mechanics, painters, and other artisans may be erected and maintained during the period such persons
are performing work on the premises on which such signs are erected, provided: a. The size thereof is not in excess of twelve (12) square feet, and b. Such signs are removed promptly
upon completion of the work. 5. Trespassing sign, or sign indicating the private nature of a drive-way or property provided that the size of any sign shall not exceed two (2) square
feet. 6. Signs of schools, colleges, churches, developments, hospitals, sanitariums, or other institutions of a similar nature may be erected and maintained, provided: a. The size of
any such sign is not in excess of twenty (20) square feet , and b. Not more than one (1) sign is placed on a property in single or separate ownership, unless such property fronts upon
more than one street, in which event one such sign may be erected on each frontage; building name signs being exempted from this count. 7. Signs advertising the sale of farm products
when permitted by this Ordinance, provided: a. The size of any such sign is not in excess of twenty ( 2 0 ) square feet. 50
1 I I 1 I I 3 . I 4. I SECTION 1. 2. 5. I 6. I 7 . 1 I 1. I 1 2 . i I I I SECTION b. The signs shall be displayed only when such products are on sale. 502 Billboards Billboards, signs
or advertising sign boards, including poster panels, bulletins, and the like, may be erected and maintained in the commercial and industrial districts, and shall be set back from the
street or road so as not to impair vehicular site distance or constitute a safety hazard. They shall be spaced not less than three hundred feet (3000 apart measured parallel to the highway
frontage. They shall not be placed within five hundred feet ( 5 0 0 ' ) of any existing residential dwelling. The maximum size shall be thirteen feet (13') by fifty feet ( 5 0 ' ) .
Signs shall not exceed twenty-five feet (25') in height measured from the elevation of the highway surface. Signs located along state highways shall comply with PennDOT Regulations.
Building Permits shall be required for all signs installed or enlarged under this section. 503 Business Identification Signs Signs bearing the name of the occupant and products manufactured,
processed, sold, or displayed may be erected and maintained on the premises in commercial and industrial districts. Such signs may not project beyond the road right of way line. Signs
in Commercial and Industrial Districts shall be limited to one (1) main sign for each business on the property, and one general sign advertising all businesses located on that property,
when applicable. All signs shall be maintained in good condition at a l l times. 51
3 . 4. 5. 6 . SECTION 1. SECTION Business identification signs in other than commercial and industrial districts shall be restricted to one sign only, not exceeding twenty ( 2 0 ) square
feet. Said signs shall not be illuminated by neon or flashing type lights or on any manner as to cause disturbance or annoyance to adjacent property owners. Height -Business identification
signs shall not exceed fortyfiiv feet (45') in height measured from the elevation of the ground surface. Roof Signs -Business identification signs may be roof mounted provided that the
sign shall not project more than fifteen feet (15') above the roof of the structure. Business identification signs when a part of the architectural design of the building shall be exempted
from height control. 504 Home Occupations Signs Freestanding signs shall be prohibited in the R-1, R-2, and R-3 districts, however, a sign may be attached to the dwelling as outlined
below. Freestanding signs in all other districts shall be permitted as outlined below: a. a. The size of any such sign is not in excess of six (6) square feet. b. There shall be only
one such sign. c. Said sign shall not be illuminated. 505 General Regulations The following regulations shall apply to all permitted sign uses: 1. Signs must be constructed of durable
materials, maintained in good condition, and not allowed to become dilapidated. Signs shall not be placed in such a position that they will cause danger to traffic on a street by obscuring
the view. Signs, other than an official sign, shall not be erected within the line of any street. 2 . 3 . 52
1 I I I I I I I 1 I I 1 I I I I I I 4. 5 . 6. 7. 8. 9. Signs shall not project beyond property lines nor over public sidewalk areas. Signs shall not attempt to direct the movement of
traffic or interfere with, imitate, or resemble any official signs, signal, or device. Signs, shall not prevent the driver of a vehicle from having a clear and unobstructed view of approaching
or merging traffic. No signs or portion thereof including lights, whether stationary, animated, sequential, flashing or oscillating shall be permitted in any district when, by reason
of its design, intensity, color, location or movement, may interfere or cause confusion with traffic lights, signals, or other controls or otherwise interfere with the operation of vehicles
upon a public thoroughfare. All signs shall be removed when the circumstances leading to their erection no longer apply. All nonconforming business identification signs on existing nonconforming
uses may be continued and maintained provided that such signs shall conform to to items 1 through 8 above. 53
ARTICLE VI I Off-street Parking SECTION I 1. 1 2. I 3 SECTION I I I I I I I I 600 General Parking Regulations Off-street parking facilities shall be provided to lessen congestion in
the streets. The facilities required herein shall be available to patrons throughout the hours of operation of the particular business or use for which such facilities are provided.
As used herein, the term #'parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way. All parking spaces shall be ample in
size for the vehicles for which use is intended. The net parking space per vehicle shall not be less than nine feet (9') wide and twenty feet ( 2 0 ' ) long. A garage or carport may
be located wholly or partly inside the walls of the principal building, or attached to the outer walls. The garage may be constructed under a yard or court provided that the level of
such yard or court shall conform to the general level of the other yards or courts on the lot. The space above an underground garage shall be deemed to be part of the open space of the
lot on which it is located. 601 Facilities Required Any of the following buildings hereafter erected and any building hereafter converted into one of the following buildings and any
open area hereafter used for commercial purposes shall be provided with not less than the minimum parking spaces as set forth below; these spaces shall be readily accessible to, and
within a reasonable distance from, the buildings served thereby. Parking spaces shall be on the same lot as the principal building or open area, except when otherwise authorized as a
special exception, and when situated within six hundred feet (600') of the principal building or open area in question. 54
Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed shall be determined by the Planning Commission upon
consideration of all factors entering into the parking needs of each such use. Off-street Parking Shall be provided as follows: Airport (Commercial) 50 spaces minimum Ambulance Facility
3 spaces per ambulance Auto Sales and Service Parking area 50% of floor space Auto Service Station 5 spaces per service bay plus 1 space per employee Banks, Financial Institutions Parking
area 50% of floor space Boarding or lodging house, One space per guest room and two tourist home, bed & breakfast spaces per residential family, Bowling Lanes 5 spaces per bowling lane
Churches Commercial Retail Sale (Free Standing or Less than 2,000 square feet floor area) Community Center, Library, Museum Private Club, Lodge Educational (Schools) Secondary Schools
55 1 space for each 3.5 persons for which seating is provided in the sanctuary 1 space per 200 sq. ft. retail floor space 1 space per 300 sq.ft.floor space 1 space for each 2 persons
for which seating is provided 4 spaces per classroom plus one space for each 5 seats in any auditorium or other place of assembly I i~ I 1 I I I I I I I I I 1 I I I I 1
Elementary Schools Fire Stations Hospitals Hotel, Motel, Resort (See Restaurant, if applicable, additional space is required Manufacturing Plant Medical or Dental Offices/Clinics Mortuary
or Funeral Parlor Nursing Home Office Building Professional Building (Other than Medical) Recreational Establishment (Other than Theaters, Swimming Pools and Bowling Lanes) Restaurants,
Taverns, Lodges, Nightclubs Shopping Center (Retail greater than 2,000 sq.ft. floor space) Swimming Pool 56 2 spaces per classroom plus one space for each 5 seats in any auditorium or
other place of assembly 10 spaces minimum 1 space per each employee plus 1 space per three beds 1 space per guest room plus 1 space per employee 1 space per employee on maximum working
shift 5 spaces per practitioner plus employee parking 20 spaces minimum 1 space per 400 sq.ft. floor space 1 space per 300 sq.ft. floor space 2 spaces per 300 sq.ft floor space 1 space
per 80 sq. ft. floor space and/or as
determined by extent of outdoor use 1 space per 50 sq.ft. ft. customer floor space plus 1 space per emp 1 oyee 5.5 spaces per 1,000 sq-ft. of gross leaseable retail floor space 1 space
for every 7 persons lawfully permitted at any one time
Theaters, Auditoriums, Stadiums 1 space per every 2 seats Transportation terminals (Trucking, etc. ) Warehouses or Wholesale Establishments 1 space per main shift employee 1 space per
main shift employee plus 2 spaces per wholesale establishment In addition to all of the above minimum requirements, additional spaces may be required according to the specific use. No
part of the public right-of-way of any street or road shall be used in computing the required area for parking. SECTION 602 Reduction of Parking Spaces The Planning Commission may authorize
the reduction of the number of the off-street parking spaces in cases where the applicant can justify the reduction and still provide adequate parking facilities to serve the proposed
uses of the building or land. SECTION 603 Loading and Unloading Space 1. In addition to the off-street parking spaces required above, all commercial and industrial establishments, hospitals
or sanitariums, and other similar uses shall provide adequate offstrree area for loading and unloading of supplies to and from vehicles. 2. In no case where a building is erected, converted,
or enlarged, shall the public rights-of-way be used for loading or unloading space. SECTION 604 Surf acing Parking for more than twenty-five (25) vehicles, shall be paved with a material
approved by the Township, including the loading areas and access drives, within 90 days of the date of occupancy unless an extension of time has been authorized by the Township Board
of Supervisors. 57 I I' I I I I I I I I I i I 1 I I I I I
SECTION 605 Reservation of Open Spaces I I 1 1 I 1 I I I I I I I I I I I A strip of land at least five feet (5') wide shall be reserved as open space between any street line and any
parking area. The reserve strip may be protected by wheel bumpers or curbs and shall be landscaped in grass, shrubs, trees or other pervious landscape materials as approved by the Township.
In parking areas on one-half (%I acre or more, at least five percent (5%) of the total area shall be devoted to landscaping within the interior of the parking area. SECTION 606 Design
Standards All parking and loading areas and access drives shall be designed according to the following standards: 1. 2. 3 . 4 . Access drives shall be laid out so that there will be
no nee' motorists to back over public right-of-way. for Access drives shall not be less than twenty feet ( 2 0 ' ) nor exceed thirty-five feet (35') in width; unless greater width is
required to meet Pennsylvania Department of Transportation's standards. The number of access drives shall not exceed two per lot on any one street frontage. Access drives shall not enter
a public street: a. b. C. d. Within seventy-five feet ( 7 5 ' ) of the street centerline of an intersecting street. Notwithstanding the above and when deemed reasonably necessary for
safety by the Planning Commission, this dimension may be modified for access drives to Shopping Centers, other commercial, industrial, public or institutional uses. Such access drives
shall be located in a manner to permit safe ingress and egress. Within five feet ( 5 ' ) of a fire hydrant. Within forty feet (40') of another access drive. Within five feet ( 5 ' )
of a property line unless two adjoining owners mutually agree to a common access drive. 58
5. General Safety Requirements -Sight Distance: Access drives shall be located in safe relationship to sight distance and barriers to vision, and shall not exceed a slope of ten percent
(10%) within twenty-five feet (25' ) of the street pavement. Where drives enter a bank through a cut, unless a retaining wall is used, the side slopes of the cut shall be graded to not
more than one-half (%) foot vertical to one foot (1') horizontal within ten feet (10') of the point the drive intersects with the right-of-way line. 6. Submission of Plans: A scaled
drawing of proposed off-street parking and loading areas, access drives, and walks shall be submitted as part of any building permit application. Any application requiring access onto
a State Highway shall be approved by the Pennsylvania Department of Transportation prior to Township approval. SECTION 607 Private Driveways No more than two (2) private driveways shall
be permitted on any lot. 59 I I I I I I I I 1 I I I I I I I I I I
I ARTICLE VI1 (F-C) Forest Conservation District 1 SECTION 700 Purpose The purpose of the F-C Forest Conservation District is to discourage the scattering of commercial, industrial,
residential, and other urban uses throughout predominantly forested areas of the Township where public services are neither presently available nor anticipated in the immediate future;
to provide for the regulation of housing density in such areas; to encourage the preservation of natural and historic amenities and to otherwise create conditions conducive to carrying
out the purposes of this Ordinance. I I SECTION 1. 1 2. 3 . 4 . I I 5. I 1. I 2. I I I 8 1 701 Permitted Uses Single family detached dwellings. Forest reserves, tree farming, production
of forest products and forest industries. Parks, playgrounds, and recreation areas when owned or operated by the municipality. Accessory buildings and uses on the same lot with and customarily
incidental to any of the above permitted uses and which may include a home occupation. Essential Municipal Services Facility. 702 Conditional Uses Public utility facilities. Outdoor
recreational facilities and organizations such as private playgrounds, fishing and hunting clubs, swimming clubs, golf clubs, tennis courts and similar activities subject to the following
conditions. a. That such use shall occupy a lot with an area of not less than five (5) acres. 60
b. That all lighting, which is necessary as incident to such use, shall be shielded from adjacent properties. c. Along all property lines adjacent to a residential use, a 100 foot wide
landscaped buffer strip shall be provided. 3 . Campgrounds, travel trailers or recreational vehicle camps, not for year round permanent residential occupancy, subject to the following:
a. b. C. d. e. f. g. Any such camp or campground site shall occupy a lot area of not less than ten (10) acres and no building shall be erected within one hundred feet (loo'> of a public
road or lot line. The maximum length of any buildings shall not exceed one hundred and fifty feet (150'). Distance between buildings shall not be less than twenty-five feet ( 2 5 ' )
. There shall be a minimum of two (2) points of ingress and egress. All camps or campgrounds shall have a sewage disposal system and water supply system approved by the State Department
of Environmental Protection. Usable Open Space: All trailer camps or campgrounds shall provide not less than twenty percent (20%) of the total land area for usable open space purposes.
This open space shall include recreation facilities for the use of all the patrons of the trailer camp or campground. 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 campers. Campground and Camp Density: The campground and camp density shall not exceed fifteen
campsites per acre. Parking -a minimum of 1.5 parking spaces must be provided for each rental space. I I 1 I 61
1 I I ' I I I I /I 1 I I h. i. j. k. 1. Each campsite must provide sufficient space for the intended use, be it tent, recreation vehicle or trailer. No tent, trailer or recreation vehicle
shall be closer than 30 feet to any property line, and shall be a minimum of 20 feet apart. A minimum of one double electrical outlet supplying a minimum of 110 volts shall be provided
to each campsite. One pipe provided potable water supply, with valve controlled by campsite tenant, shall be installed at each campsite. Minimum line size is % I 1 . Sanitation: If central
restroom facilities are provided, one central dumping station can also be installed for those vehicles with self-contained sanitary facilities. If no central restroom facilities are
provided, a connection to the sewer system must be installed at each campsite. In camps where tents, recreation vehicles or trailers that have no self contained sanitary facilities,
the camp must provide central sanitary facilities to meet the minimum requirements set forth below: Toilet facilities for males shall consist of not less than one flush toilet and one
urinal for the first fifteen (15) additional campsites, or fractional number thereof. Toilet facilities for females shall consist of not less than two (2) flush toilets for the first
fifteen (15) campsites and two (2) additional flush toilets for each ten (10) additional campsites or fractional number thereof. Each sex shall be provided with not less than one lavatory
and one shower or bath tub with hot and cold running water, with individual dressing accommodations for the first 10 campsites or any fraction thereof. One additional lavatory and one
additional shower or bath tub, with individual dressing accommodations shall be installed for each additional ten (10) campsites. I ' 1 I 62
(4) Each toilet and each shower or bath tub with individual dressing accommodations shall be in a private compartment or stall. (5) The toilet and other sanitation facilities for males
and females shall either be in separate buildings or shall be separated, if in the same building, by a soundproof wall. m. Laundry Facilities shall be provided as follows: (1) One (1)
commercial grade automatic washer per each ten (10) campsites, and one additional washer for each ten (10) additional campsites or fraction thereof. (2) One (1) commercial grade hot
air dryer for each ten (10) campsites and one additional dryer for every ten (10) additional campsites or fraction thereof. All washers and dryers shall be securely wired into electrical
circuits in a manner not accessible to the users. The laundry facilities shall be either in a separate building or, if in the same building where sanitation facilities are housed, shall
be separated from the restrooms by a sound proof wall. n. Service Buildings: Buildings housing sanitation and laundry facilities are service buildings, and as such, shall be permanent
buildings, approved by the Department of Labor and Industry and complying with all applicable ordinances and statutes. Service buildings shall be well lighted at all times of day or
night, shall be well ventilated with automatic exhaust fans as necessary, and shall be maintained at a temperature of at least 65 degrees Fahrenheit during the period of October 1 to
May 15. The floors shall be of a water impervious material. All service buildings shall be maintained in a clean, sanitary condition and kept free of any condition that will menace the
health of any user or constitute a nuisance. 63 I 1 I 1 I I I 1 1 1 I I I I I 1 I I 8
I I 1 I 1 I I I 1 I I 4 . 5. 6. 7. a. 0. P. q-(2 Service buildings shall be located no closer than 30 feet to any property line, no closer than 10 feet, nor farther than 250 feet from
any campsite on which a tent, camper, trailer, or motor home, without toilet or bathing facilities is located. Trash containers with closing lids must be provided for residents to dispose
of trash, and recycling containers must be provided for recyclables, and containers must be picked up at least once a week, if collected at each campsite. If a central collection area
is utilized, trash and recyclables must be picked up twice a week. owner's responsibility to maintain the centralized collection area in a non-objectionable manner. It shall be the camp
Sufficient lighting will be provided outside to ensure safety and security of campers. Fire hydrants must be installed per the water authority regulations. Churches or similar places
of worship including a l l parish houses, parsonages and church related cemeteries. Neighborhood outdoor recreational facilities and organizations when not operated for gain or profit.
Federal, State and Local municipal buildings and uses and essential services. Signs when erected and maintained in accordance with the applicable provisions of the Sign Article of this
Ordinance. Surface Mining: All new surface mining operations and expansions of existing surface mining operations shall be permitted as a conditional use, when said operation is located
with vehicular access over a roadway with paving, a minimum of three inches ( 3 " ) thick and at least twenty feet ( 2 0 ' ) in width connecting said operation to a roadway classified
in the Township Comprehensive Plan as an arterial roadway, and subject to the following conditions and performance standards: 64
a. b. C. d. e. Surface mining operations shall include sandpits, gravel pits, removal of topsoil or rock, or the removal of any natural resource or mineral from the land or ground. Any
person, corporation or otherwise, engaged in, or proposing to engage in, surface mining operations as defined herein, shall be properly licensed by the Pennsylvania Department of Environmental
Protection to engage in such operations. Surface mining operations including production, processing, excavation, extraction, sedimentation ponds, stockpiling and related structures shall
not be conducted or erected closer than three hundred feet (300') to any property line or public road. Vegetative screening shall be provided by the owner along all of the property and
street boundary lines separating the operation from adjacent uses. The screening is to be in the form of vegetation and the following standards shall apply: A minimum of three ( 3 )
rows of trees, shrubs, or other vegetation not less than fifty percent (50%) evergreen material shall be planted to produce the effective visual barricade. At least two (2) different
species of trees, shrubs or other vegetation shall be utilized. Selected species shall exhibit different tolerances to insect and disease. Species selected must be capable of producing
the effective visual barrier, ten feet (10') in height, within five (5) years of planting. Prompt replacement of any dead species, shall be required. following security measures shall
be provided: Prior to the commencement of surface mining operations, a physical barricade shall be constructed enclosing the area actively being excavated in accordance with the 65 1
1 I 1 1 I I I I I I I I I I I 1 I I
following standards: Fencing shall be at least six feet (6') high and constructed of wire mesh fabric and barbed wire across the top. (2) All access openings shall be provided with gates
that can be locked to prevent unauthorized entry during periods of non-operation. ( 3 ) Warning signs stating the nature of the operation shall be conspicuously posted around the perimeter
of the operation. f. A site plan of the entire property, clearly and legibly drawn at a scale of 1" = 100' or less, shall be provided and include the following items. (1) North arrow,
scale and date. (2) Topographic contour lines. ( 3 ) All property lines including a metes and bounds description and the size of the property expressed in acres or square feet. (4) The
location of all existing buildings, structures, cemeteries, streets, wells and streams within five hundred feet (500l) of the property proposed for surface mining operations. (5) The
location of the proposed surface mining operation and the staging of operations if applicable. applicable. (6) The location of proposed stockpiles, sedimentation ponds, access road and
buildings associated with the proposed operation. ( 7 ) The location of security fences, gates, and signs. (8) The location and description of required screening. (9) The location and
description of all erosion and sedimentation control measures. 66
A traffic circulation plan drawn at a suitable scale shall be provided indicating the following: (1) The location of the proposed operation with respect to major traffic arteries. (2)
The proposed vehicular routing both to and from the proposed operation. An operation plan shall be provided for all surface mining operations and shall include the following: Procedures
to be followed for compliance with Section 102, Chapter 77 of the Department of Environmental Resources Rules and Regulations. A schedule of operational hours provided that: (a) No surface
mining operation commence prior to 6:OO a.m. or after 7:OO p.m. prevailing time; and (b) All required blasting shall be confined to the hours between 8:OO a.m. and 5:OO p.m. prevailing
time . Procedures for the removal of mud or debris on any public road resulting from the ingress or egress of vehicular traffic from the operation. Said mud or debris shall be removed
at the end of each working day, or more frequently if needed during the working day. Procedures for dust control shall include the following: (a) Access roads shall be maintained with
a dustless surface from the connecting public roadway to a point within 100 feet of any loading area. (b) Stockpiling of any materials shall be in such a manner as to prevent dust from
blowing onto adjacent properties. 67 1 I 1 I 1 1 1
9. 10 ( 5 ) Procedures for controlling erosion and sedimentation resulting from the proposed operation as required by the Department of Environmental Protection and consistent with erosion
and sedimentation control measures included in this Ordinance. ( 6 ) Procedures for the ultimate closing and reclamation of the proposed operation as required by the Department of Environmental
Protection. i. A maintenance bond not exceeding fifty percent (50%) of the full cost of re-paving the Township roads servicing the operation, from the entry to the operation to the first
utilized arterial roadway, as classified by the Township Comprehensive Plan, under such conditions, in form and with surety as shall be approved by the Township Board of Supervisors,
shall be provided by the operator. In lieu of a bond, the operator may deposit cash or securities with the Township to secure said repaving under an escrow agreement approved by the
Township Solicitor and Board of Supervisors. The amount of the bond or other guarantee shall be equal to fifty percent (50%) of the cost of the required re-paving as estimated by the
Township Engineer. The amount of financial security may be increased by up to an additional ten percent (10%) for each one-year period beyond the first anniversary date from posting
of financial security. Abandonment of Mines: Any mine abandoned or ceasing operations shall provide appropriate closure and reclamation measures in accordance with Chapter 77 of the
Pennsylvania department of Environmental Protection Rules and Regulations regarding non coal mining activities. Said measures shall include, but not be limited to, backfilling, soil
stabilization, compacting and grading, revegetation, fencing and security, and the elimination of potential combustion and fire hazards. Bed and Breakfast operations. Convalescent homes,
group homes, hospices, and assisted living facilities. 68
11. 12. Radio and television transmission facilities, electric or telephone substation, and natural and propane gas facilities. Shooting ranges, firing ranges, weapon ranges, subject
to the minimum conditions below: Minimum of 5 acre sites. No alcoholic beverages permitted on the same property as range. Details on ammunition storage and shooter orientation programs
must be provided in writing. Perimeters of range must be fenced. Lead recovery programs must be implemented. Posting of signs indicating area is subject to shooting and raising of range
flags when range is in use. Details on range design, including the "safety fan". Utilization of sound abatement materials. Details on backstop construction, size, etc. Separation of
shooting, preparation and observation areas. Verifications that all design elements are prepared in accordance with NRA (National Rifle Association) range design standards. Identification
of individuals who will be range operators and who have completed NRA Range Development & Operations Conference or equivalent training acceptable to the Township. Proof that insurance
coverage is provided for damage done on or off property by range users. A minimum of $2,000,000 liability coverage shall be maintained at all times. Additional conditions as recommended
by the Planning Commission and set by the Township Supervisors. SECTION 703 Minimum Areas and Density Requirements 1. All buildings including accessory buildings shall not cover more
than ten percent (10%) of the area of the lot. 2. Minimum required for Lot Size Lot Width Lot Depth Front Yard Each Side Yard Rear Yard Height Parking Building Width all uses not otherwise
listed: 69 2 200 180 50 30 50 40 2 20 acres feet feet feet feet feet feet off-street spaces feet I I I I 1 1 I I I I I I I I I 1 I I I
When on-lot sewer facilities are to be utilized, the minimum lot size may be increased by the Township Sewage Enforcement Officer or the Department of Environmental Protection for factors
relating to health and sanitation. I I I I I I I I 70
I I I I 1 1 I I I I I 1 I I I I I 1 I ARTICLE VI11 (A) Agricultural District SECTION 800 Purpose The purpose of an Agricultural District is to provide standards for certain agricultural
and residential uses in areas of agricultural activity where public water and public sewerage are generally not available. SECTION 1. 2. 3 . 4. 5 . 6. 7. 801 Permitted Uses Single-family
detached dwellings. Two family detached dwellings provided the lot area is 25% larger than the minimum required for single family dwellings and in compliance with yard and setback requirements
for single family detached dwellings. Individual mobile homes. Churches or similar places of worship including parish houses and parsonages. Parks, playgrounds, and recreation areas
when owned or operated by the municipality. Federal, state, and local municipal buildings and uses, essential services and essential municipal services facility. Agriculture and agriculturally
related operations, including the following: a. Forest reserves, tree farming and and crop farming to include forage, sod, grain, and feed. 71
b. Vineyards, orchards, greenhouses, nurseries, gardens, commercial production of fruits, vegetables, flowers, plants and similar products, and sale of these products in buildings in
which the retail area shall not exceed 1,000 square feet in floor area, and setback a minimum of thirtyfiiv feet (35') from any property line or street right-ofwaay with off-street parking
provided. I I I 1 I c. Animal husbandry, milk processing, livestock production including breeding of dairy and beef cattle, sheep, swine, horses, ponies, mules, goats, poultry, game
birds, fowl, fur animals, and associated farm animals excluding farm operations involving indoor confinement or Concentrated Animal or Animal Feed Operations (CAO/CAFO) are conditional
-uses. (1) Minimum setback distances from any property line for I I any building housing livestock or poultry, and storage of any waste products from livestock or poultry is one hundred
(100') feet. Waste products and storage must comply with the Nutrient Management Act ofPA. d. Granaries, sawmills, and similar agriculturally related activities. I I I 8 . Stables and
riding academies. 9. Signs when erected and maintained in accordance with the applicable provisions of the Sign Article of this Ordinance. Accessory buildings and uses on the same lot
with and customarily incidental to any of the above permitted uses and which may include a home occupation. 10. 11. Planned residential developments on tracts in excess of twenty ' I
( 2 0 ) acres in accordance with the provisions of this Ordinance regarding such development. SECTION 802 Conditional Uses: 1. Public utility facilities. 72
I 'I I I I I I I I I I I I I I 1 I 2. 3 . 4 . 5. 6. Outdoor recreational facilities and organizations such as private playgrounds, fishing and hunting clubs, swimming clubs and golf
clubs, tennis courts and similar activities subject to the following conditions. a. That such use shall occupy a lot with an area of not less than five (5) acres. b. That all lighting,
which is necessary as incident to such use, shall be shielded from adjacent properties. c. Along all property lines adjacent to a residential use, a one hundred foot (100') wide landscaped
buffer strip shall be provided. Campgrounds, trailers or recreational vehicle camps, not for year round permanent residential occupancy, and subject to the conditions contained in Section
702.3 of this Ordinance. Cemeteries and related uses provided no graves or structures shall be located within fifty ( S O 1 ) feet of any property line of the cemetery. Kennels, animal
hospitals not located within one hundred feet (loo1) of any property line. Intensive Animal Operations: a. Intensive Agriculture Operations, including, but not limited to, total confinement
and environment controlled animal husbandry, concentrated Animal Operations (CAO) and concentrated Animal Feed Operations (CAFO) not existing or approved at the date of enactment of
this ordinance, are subject to the requirements below, any additional setback requirements and other conditions as the Board of Supervisors may require: 1. Shall be on 25 acres or more.
2. 1.0 MU maximum per acre. ,I I 73
3 . 4 . 5 . 6. 7. 8. Required to provide: a. b. C. d. e. f. ET. Odor Abatement Plan Conservation Plan Nutrient Management Plan Landscaping Plan Stormwater Management Plan Conservation
District approval letter for practicality of activities Shall demonstrate no over burden on local roads from trucks/equipment to and from site. Shall be 1,000 feet from any residence
other than property owners residence. Shall be 500 feet from all property lines. Waste/manure storage shall be minimum of 1000 feet from property line, including area of application,
and 1500 feet from all roadways, water wells, waterways, and drainage ways. Greenhouses over 50,000 square feet total buildings are considered intensive agriculture. Applications under
this section shall include: a. Site plan by licensed engineer or surveyor, showing location of buildings, manure storages, contours, water bodies within 3,000 feet, names, addresses
and boundary lines for adjoining properties, and roads. b. A narrative explaining selection of site and how adjoining land and water will be protected from exposure of fumes, pollutants
and contaminates. Narrative shall discuss prevailing winds, 74 I I I I I I I I I I 1 I I I I I I I I
I I I I I I I I I I I I I I I I I I I 9. 10. topography, proximity to populations, future development, surrounding vegetation, impact to ground water in the event of a spill, and the
Township's Comprehensive Plan. c. Ground water report to include monitoring wells at the 4 perimeter boundaries of the farm(s). Report to provide nitrate concentrations present in ground
water and provide an analysis of the effect this operation will have on the ground water. Water samples shall be taken every six ( 6 ) months after operations commence by an independent
service. If nitrate levels exceed N03-Nitrogen (mg/l) of 5.0 in any test well, application of waste onto land on property must cease until nitrogen (N03-Nitrogen (mg/l)) level returns
to 5.0 or less. Applicant will be required to pay for all costs of Township review, advertisement, legal fees, and engineering review per the current fee schedule. In the event a larger
facility is required for public hearings, applicant is responsible for payment if required to obtain larger facility for this purpose. If the site is located within 3 , 0 0 0 feet of
a public water supply, the public water supply shall be extended to the site by the owner and utilized to provide water for this operation. b. Existing or approved Intensive Agricultural
Operations as of the effective date of this ordinance, including but not limited to total confinement, and environment controlled animal husbandry, Concentrated Animal Operations (CAO)
and Concentrated Animal Feed Operations (CAFO) are subject to the following requirements: 1. May expand current operation with same type of use. Changing to a different type of operation,
i.e. from egg production to turkey production, or addition of an additional type of operation, will be required to meet the requirements of Section 802.6.a. and any additional conditions
set by the Board of Supervisors. 75
2. Must be on 10 acres or more. 3 . 1.0 AEU maximum per acre. 4. Buildings shall be minimum of 100 feet from
property line and 500 feet from any residence. 5. Waste/manure storage shall be 500 feet from property lines and 1000 feet from any residence. 6. Applications under this section shall
include: a. b. C. d. e. f. g-Site plan by licensed engineer or surveyor, showing location of buildings, manure storage, contours, water bodies within 3,000 feet, name, address and boundary
lines for adjoining properties, and roads. A narrative explaining selection of the site and how adjoining land and water will be protected from exposure of fumes, pollutants, and contaminates.
Narrative shall discuss prevailing winds, topography, proximity to populations, future development, surrounding vegetation, impact to water in the event of a spill, and the Township's
Comprehensive Plan. Conservation Plan Nutrient Management Plan Stormwater Plan Conservation District approval letters for practicality of activities. I I I I I I1 1 I I I I I Applicant
will be required to pay for all costs of engineering fees per the current fee schedule. In the event a larger facility is required for public hearings, applicant is responsible for payment,
if required, of rental cost for the larger facility. Township review, advertisement, legal fees, and I I 76 I 1
I I I I I I I I I I I I I I' I I I I I 7. Municipal Waste Landfills (Sanitary Landfill): Municipal waste landfills designed and permitted in accordance with the rules and regulations
promulgated under Act 97 and as it may be amended from time to time by the Pennsylvania Solid Waste Management Act of 1980 shall be permitted as a conditional use when said operation
is located with vehicular access over a roadway with paving a minimum of four inches ( 4 " ) thick and at least twentyfoou feet (24') in width connecting said operation to a roadway
classified in the Township Comprehensive Plan as an arterial roadway and subject to the following conditions and performance standards: a. The actual landfill area shall comply with
the following minimum setback requirements: (1) 200 feet (200') from any property line. (2) 500 feet ( 5 0 0 ' ) from any occupied building or structure, or any private water supply.
(3) 0.5 mile (2640 feet) from any public water supply. b. Vegetative screening shall be provided by the Owner Owner along all of the property and street boundary lines separating the
landfill from adjacent uses. The screening is to be in the form of vegetation and the following standards shall apply: A minimum of 3 rows of trees, shrubs, or other vegetation not less
than fifty percent (50%) evergreen material shall be planted to produce the effective visual barricade. At least two (2) different species of trees, shrubs, or other vegetation shall
be utilized. Selected species shall exhibit different tolerances to insect and disease. Species selected must be capable of producing the effective visual barricade ten feet (10') in
height within five (5) years of planting. Prompt replacement of any dead species shall be required. 77
C. d. e. f. g-The following security measures shall be provided: (1) Adequate fencing shall be provided at any point where vehicular access into the landfill may be possible. (2) All
access points into the landfill shall be provided with gates that can be locked to prevent unauthorized entry during times of non-operation. ( 3 ) Adequate security lighting shall be
required at points of vehicular access, such as the front gate, scale house, and other areas of public entry. The landfill shall have an adequate number of employees to operate in accordance
with Section 26, Chapter 75, of State Solid Waste Management Rules and Regulations. The landfill shall have posted, in a conspicuous location, the days and hours of operation. A wash-down
facility or other mechanism shall be provided to clean off refuse vehicles prior to their entry onto the public road. However, all mud or debris shall be kept off the public road and
adjoining lands. An operations plan shall be provided for all landfill operations, which shall shall include the following: Procedures to be followed for compliance with Section 26,
Chapter 75, of the Solid Waste Management Rules and Regulations regarding operation standards for sanitary landfills. A schedule of operation hours provided that no operation commences
prior to 6:OO a.m. or after 7:OO p.m. prevailing time. Procedure for the removal of any mud or debris on any public road from the ingress or egress of landfill traffic. 78 I I I I I
I I I I I I I I I I I I I I
I I I I I I I I I I I I 1 1 I I I I I h. A site plan of the entire property, clearly and legibly drawn at a scale of 1" -100' or less shall be provided and include the following items:
(1) North arrow, scale and date. (2 1 Topographic contour lines. ( 3 ) All property lines including a metes and bounds description and the size of the property expressed in acres or
square feet. (4) The location of all existing building, structures, streets and streams within 500 feet of the proposed landfill. (5) The location of the proposed landfill on the property,
and the staging of activities. (6) The location of proposed building, structures, storage areas, access roads and washdown facilities associated with the proposed landfill operation.
(7) The location of security fences, gates, lights, and b signs. (8) The location and description of required screening. (9) The location and description of any erosion and sedimentation
control measures. i. A vicinity plan drawn at suitable scale shall be provided indicating the following: (1) The location of the proposed landfill with respect to all other land uses
within one (1) mile of the proposed landfill. (2) The location of all existing private and/or public wells within one (1) mile of the proposed landfill. ( 3 ) The traffic routes that
will be the primary ingress and egress routes. 79
8 . 9. 10. 11. A maintenance bond not exceeding fifty percent (50%) of the full cost of re-paving the Township roads servicing the operation, from the entry to the operation of the first
utilized arterial roadway, as classified by the Township Comprehensive Plan, under such conditions, in form and with surety as shall be approved by the Township Board of Supervisors,
shall be provided by the operator. In lieu of a bond, the operator may deposit cash or securities with the Township to secure said repaving under an escrow agreement approved by the
Township Solicitor and Board of Supervisors. The amount of the bond or other guarantee shall be equal to fifty percent (50%) of the cost of the required repaving as estimated by the
Township Engineer. The amount of financial security may be increased by up to an additional ten percent (10%) from each one year period beyond the first anniversary date from posting
of financial security. k. The landfill operation shall provide the Township with a two dollar ( $ 2 . 0 0 0 ) per ton user fee payable on a monthly basis. The landfill production records
shall be subject to an annual audit be the Township. Surface Mining All new surface mining operations and expansions of existing surface mining operations shall be permitted as a conditional
use subject to the following conditions and performance standards contained in Section 702.8 of this Ordinance. Mobile Home Parks -Mobile Home Parks on tracts of land in excess of three
( 3 ) acres in size served by public water and sewer, in accordance with the requirements of the Township Subdivision and Land Development Ordinance and Article XI1 of this Ordinance.
Junk yards on tracts of land in excess of twenty-five (25) acres in size in accordance with the Washington Township Junk Yard Ordinance. Pubiic, private and parochial schools, and day
care centers for the educational needs of the community; provided all outside active play areas are screened from adjacent residential properties. 80 1 I I I I I I I I I I I I I I I
I I I
‘I I I B I I I I I I I I I I I 12. 13. 14. 15. 16. 17. Bed and Breakfast operations. Convalescent homes, group homes, hospices, and assisted living facilities. Radio and television transmission
facilities, electric or telephone substation, natural and propane gas facilities.. Public utility facilities. Neighborhood outdoor recreational facilities and organizations when not
operated for gain or profit. Limited Small Businesses: a. Family owned and operated small businesses are permitted as a conditional use, subject to the following restrictions, in addition
to any restriction imposed by the Planning Commission or Supervisors: (2 ( 3 ) (4) The lot on which the small business is located must have been a lot of record on the date of enactment
of this amendment and must be a lot of a minimum of two (2) acres. Existing small businesses in this area are not subject to lot size requirements. Small business shall be secondary
to the primary use of this lot, which shall be a single family residence. Small business shall be owned and operated by the resident of the primary residential use. No leases or subleases
for small businesses shall be permitted. No more than three (3) employees other than family members are permitted. Appropriate records of employees must be maintained at all times and
must be provided to the Washington Township officials upon request. No offending noise or air pollution may be caused by the small business. No open burning may be done by any small
business. I I 81
(7) Sufficient off-street parking, as well as safe entrance and exit of site, shall be provided. (8) All other local, state and federal regulations must be followed. b. Existing small
businesses in the Agricultural Area must register with the Township office within six (6) months of enactment of this amendment. Failure to be registered within that time will require
application for a Conditional Use for the Small Business and complete compliance with subparagraph a. above. 18. Communications Towers. SECTION 803 Minimum Area and Density Requirements
1. All buildings including accessory buildings shall not cover more than thirty percent (30%) of the area of the lot. 2. Minimum required for all uses not otherwise listed: Lot Area
Lot Width Lot Depth Front Yard Each Side Yard : Rear Y a r d Height Parking 2 acres 150 feet 180 feet 50 feet 30 feet 50 feet 45 feet 2 off-street spaces When on-lot sewer facilities
are to utilized, the minimum lot size may be increased by the Township Sewage Enforcement Officer or the Department of Environmental Protection for factors relating to health and sanitation.
82 I I 1 I I I I I I I I I I I 1 i I I I
I I I I I I I I I I I I I I I I I I I ARTICLE IX (R-1) Low Density Residential District SECTION 900 Purpose The purpose of the R-1 Low Density Residential District is to provide for
the orderly development of single family type residential areas; to provide for the public health and prevent overcrowding through density control, and to exclude activities not compatible
with single family residential development. SECTION 1. 2 . 3 . 4. 5. 6. 7. SECTION 1. 901 Permitted Uses Single family detached dwellings. Churches or similar places of worship including
parish houses and parsonages. Parks, playgrounds and recreation areas when owned or operated by the municipality. Federal, state, and local municipal buildings and uses, essential services,
and essential municipal services facility. Day Care or child care of five (5) or less children under the age of 16, who are not residents of the dwelling in which the care is provided,
during part of a 24-hour day. All state requirements must be met. Signs when erected and maintained in accordance with the applicable provisions of the Sign Article of this Ordinance.
Accessory buildings and uses on the same lot with and customarily incidental to any of the above permitted uses and which may include a home occupation. 902 Conditional Uses Public utility
facilities. a3
2. 3 . 4. 5. SECTION 1. 2. Public, private and parochial schools, day care centers for the educational needs of the community when not conducted for profit; provided all outside active
play areas are screened from adjacent residential properties. Neighborhood outdoor recreational facilities and organizations when not operated for gain or profit. Day care and child
care facilities with six (6) or more children not residents of the dwelling in which the care is provided. Group Homes shall provide off street parking for residents, employees and guest,
and a minimum distance of 1,000 feet must separate individual group homes, in keeping State policy of providing such homes in a residential community, providing the inhabitants the same
type residence and neighborhood as other residents who live in this district. 9 03 Minimum Area and Density Requirements All buildings including accessory buildings shall not cover more
than thirty percent (30%) of the area of the lot. Minimum Required for All Uses Not Otherwise Listed 84 I I I I I I I I I I I I I I I I I I I
I I I I I I I I I I I I I I I I I Lot Area Lot Width Lot Depth Front Yard Each Side Yard Rear Yard Height (maximum) Off-street Parking per dwelling unit Building Width On-Lot On-Lot
On-Lot Public Water & Sewer Sewer Water Water & Sewer 40,000 sq ft 150 feet 180 feet 30 feet 15 feet 30 feet 40 feet 2 20 feet 40,000 sq ft 15,000 sq ft 100 feet 85 feet 150 feet 120
feet 30 feet 30 feet 15 feet 12 feet 30 feet 30 feet 40 feet 40 feet 2 2 20 feet 20 feet 10,000 sq ft 75 feet 100 feet 30 feet 10 feet 30 feet 40 feet 2 20 feet When on-lot sewer facilities
are to be utilized, the minimum lot size may be increased by the Township Sewage Enforcement Officer or the Department of Environmental Protection for factors relating to health and
sanitation. SECTION 904: Developers are encouraged to include pathways/sidewalks/small recreation areas in their subdivisions in the R-1 District. A donation may be provided to condition
that the Township in lieu of these recreation facilities on such funds be used for Township recreation purposes. 1 I ‘I I 85
I I I I I I I I I I I I I I I I I I 1 ARTICLE X (R-2) Medium Density Residential District SECTION 1000 Purpose The purpose of an R-2 Medium Density Residential District is to provide
standards for certain residential types and to provide for the safety, health, and welfare of the community by applying density control while excluding uses not compatible with residential
uses. SECTION 1. 2. 3 . 4. 5. 6. 1001 Permitted Uses Single family detached dwellings. Two family detached dwellings provided the lot area is 25% larger than the minimum required for
single family detached dwellings and in compliance with the yard and setback requirements for single family detached dwellings. Single family semi-detached dwellings (duplex). Townhouse
dwellings, not exceeding three ( 3 ) stories in height or six (6) dwellings per structure. Multi family dwellings, apartment buildings not exceeding two (2) stories in height and eight
(8) dwelling units per structure. Conversion apartments, conversions of existing single family detached dwellings to two-family dwellings provided each unit has two points of entrance/exit
and a minimum of two off-street parking spaces per dwelling unit. Conversions of existing single family detached dwellings to three or more family dwellings provided that each dwelling
unit has two points of entrance/exit and a minimum of two off-street parking spaces per dwelling. minimum lot area shall be determined by the applicable single family detached dwelling
lot size required in this section for the ,first dwelling unit and additionally three thousand square feet ( 3 , 0 0 0 sq ft) for each subsequent dwelling unit. Setback requirements
shall comply with the applicable provisions of this ordinance for single family detached dwellings. In the event of any conversion project which is subject to approval of the The 86
I 7 . 8. 9. 10. 11. SECTION 1. 2 . 3 . 4. 5 . Pennsylvania Department of Labor and Industry such approval must I be obtained prior to the issuance of the Township building permit. Parks,
playgrounds, and recreation areas when owned or operated I by the municipality. Federal, state, and local municipal buildings and uses, essential services, and essential municipal services
facility. Signs when erected and maintained in accordance with the applicable provisions of the Sign Article of this Ordinance. Planned residential developments on tracts in excess of
twenty (20) acres in accordance with the provisions of this Ordinance regarding such developments. m I Accessory buildings and uses on the same lot with and customarily incidental to
any of the above permitted uses and which may include a home occupation. I I Public utility facilities. I 1002 Conditional Uses Neighborhood outdoor recreational facilities and organizations
when not operated for gain or profit. I Public, private and parochial schools, and day care centers for the educational needs of the community provided all outside active play areas
are screened from adjacent residential properties. Churches or similar places of worship including parish houses and parsonages. Boarding, lodging or rooming houses. I I 87
I ~ 1 SECTION 1003 Minimum Area and Density Requirements 1. All buildings including accessory buildings shall not cover more I than thirty percent (30%) of the area of the lot. 2. Minimum
Required for All Uses Not Otherwise Listed On-Lot On-Lot On-Lot Public Water & Sewer Sewer Water Water & Sewer I Lot Area 40,000 sq ft 40,000 sq ft 15,000 sq ft 8 , 0 0 0 sq ft Lot Width
150 feet 100 feet 80 feet 80 feet I Lot Depth 180 feet 150 feet 120 feet 100 feet I I Yard 30 feet -Side Yard (Each) 15 feet 1 I Rear Yard 30 feet Height (maximum) 40 feet Off-street
Parking per dwelling unit 2 I 30 feet 30 feet 30 feet 15 feet 10 feet 10 feet 30 feet 30 feet 30 feet 40 feet 40 feet 40 feet , 2 2 2 Building Width 20 feet 20 feet 20 feet 20 feet When
on-lot sewer facilities are to be utilized, the minimum lot size 1 Dmaeyp abret meinntc roefa sEendv biyr otnhmee nTtoawln Psrhoitpe Scetwiaogne f Eonrf ofraccetmoernst r Oeflfaitcienrg
otro htehea lth and sanitation. I I
I 3 . Single Family Semi-detached Dwelling Unit (Duplex) -minimum required for each dwelling unit. Lot Area On-Lot On-Lot On-Lot Public I Water & Sewer Sewer Water Water SC Sewer 30,000
sq ft 30,000 sq ft 10,000 sq ft 7,500 sq ft I Lot Width 125 feet 125 feet 60 feet 50 feet Lot Depth 156 feet 156 feet 100 feet 100 feet Front Yard 30 feet 30 feet 30 feet 30 feet I I
Side Yard Rear Yard 15 feet 30 feet 15 feet 30 feet 10 feet 30 feet I 10 feet 30 feet Height (maximum) 40 feet 40 feet 40 feet 40 feet I Off-street Parking 2 per dwelling unit 2 2 2
Building Width 16 feet 16 feet 16 feet 16 feet I a. Each townhouse residential project shall contain a minimum I 1 When on-lot sewer facilities are to be utilized, the minimum lot size
may be increased by the Township Sewage Enforcement Officer or the Department of Environmental Protection for factors relating to health and sanitation. 4. Townhouse Dwelling Unit-minimum
Required for Each Dwelling Unit of fifty thousand square feet (50,000 sq.ft.) of lot area. Minimum Minimum Development Standards Per Dwelling Unit Lot Area .................................
2,500 sq. ft. I Interior Lot Width .......................... 20 feet Front Yard .................................. 30 feet I I, I~ ~ I' I 89
Side Yard for End Units ..................... 20 feet 1 1 I I I I I I Rear Yard ................................... 30 feet Off-street Parking .......................... 2.0 spaces Height
(maximum) ............................ 40 feet Active Play Area ........................... 100 sq. ft. Minimum Distance Between Groups of Units .... 40 feet b. No less than three (
3 ) and no more than six (6) dwellings shall be permitted in a unit or group. c. Public water supply and sewerage shall be provided. d. Active play area shall be furnished in townhouse
development projects containing fourteen (14) or more dwelling units. Such area shall not be less than twenty five hundred square feet (2,500 sq. ft.) in land area, nor less than fifty
feet (50') in its smallest dimension. For each dwelling unit above the minimum number prescribed heretofore, an additional one hundred square feet (100 sq. ft.) per dwelling unit shall
be allocated to the total active play area. The Township may accept a donation in lieu of play area when circumstances warrant. Such donations must be used for Township recreation purposes.
e. Where any townhouse project is proposed to be developed in conjunction with multi-family dwellings the active play area requirements for the multi-family dwellings shall be designed
for and made accessible to all residents. The Board of Supervisors reserve the right to increase the active play area requirements upon recommendation of the Planning Commission when
in its opinion additional area is necessary to accommodate the needs of the mixed use development in accordance with the spirit and objectives of this Ordinance. I 90
f. Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with the following minimums : Front to Front -60 feet Front to Side -40 feet Front
to Rear -60 feet Side to Rear -40 feet Side to Side -15 feet Rear to Rear -50 feet Corner to Corner -10 feet g. Dwelling unit structures shall be located and arranged so as to promote
privacy for residents within the development and maintain privacy for residents adjacent to the development. Structures shall be located within the development so that there will be
no adverse impact such as excluding natural light or invading the privacy of adjacent structures. h. There shall be a fifty foot ( 5 0 ' ) setback from the property line adjacent to
any existing dwelling or residential district. 5. Multi-Family Dwellings -Minimum Required a. Each multiple dwelling residential project shall contain a minimum of fifty thousand square
feet (50,000 sq. ft.) of lot area in accordance with the following standards. Lot Width ................................ 150 Each Side Yard (exterior) . . . . . . . . . . . . . . . .
20 Rear Yard ................................. 30 Front Yard ................................ 30 Off-street Parking per Dwelling Unit ...... 2 Minimum Distance Between Units ............
40 Height (maximum) .......................... 40 Lot Depth ................................ 150 Active Play Area Per Dwelling Unit: feet feet feet feet feet spaces feet feet Efficiency
...................... 75 feet 2 Bedroom ...................... 125 sq. ft. 3 or more Bedrooms ............. 150 sq. ft. 1 Bedroom ...................... 100 sq. ft. 91
I I c I 1 1 II 1 I 1 1 I 1 I I 1 1 R I b. C. d. e. f. 9. h. The maximum number of dwelling units permitted shall be determined on the basis of two thousand square feet (2,000 sq. ft.)
of lot area exclusive of public rights-of-way for each dwelling unit. The length of any unit shall not exceed one hundred fifty feet (150'). Public water supply and sewerage shall be
provided. Active play area shall be furnished in multi-family development projects containing fourteen (14) or more dwelling units. Such area shall not be less than twenty five hundred
square feet (2,500 sq. ft.) In land area, nor less than fifty feet (50') in its smallest dimension. For each dwelling unit above the minimum number prescribed heretofore, an additional
one hundred square feet (100 sq. ft.) per dwelling unit shall be allocated to the total active play area. The Township may accept a donation in lieu of play area when circumstances warrant.
Such donations must be used for Township recreation purposes. Where any multi-family dwelling project is proposed to be developed in conjunction with townhouses, the active play area
requirements for the townhouses shall be designed for and made accessible to all the residents. The Board of Supervisors reserve the right to increase the active play area requirements
upon recommendation of the Planning Commission when in its opinion additional area is necessary to accommodate the needs of the mixed use development in accordance with the spirit and
objectives of this Ordinance. There shall be one hundred foot (100') setback from the property lines adjacent to any existing dwelling or residential district. Interior yards and/or
structural spacing between dwellings and units shall be provided in accordance with the following minimums : 92
Front to Front -60 feet Front to Side -40 feet Front to Rear -60 feet Side to Rear -40 feet Side to Side -15 feet Rear to Rear -50 feet Corner to Corner -10 feet 1 I 1 i. Dwelling unit
structures shall be located and arranged so as to promote privacy for residents within the development and maintain privacy for residents adjacent to the development. Structures shall
be located within the development so that there will be no adverse impact such as excluding natural light or invading the privacy of adjacent structures. I' 93
SECTION 1. 2. 3 . 4 . 5. 6. ARTICLE XI (R-3) Medium Density Mobile Home Residential District SECTION 1100 Purpose The purpose of an R-3 Medium Density Mobile Home Residential is to provide
standards for certain residential types and to provide for the safety, health, and welfare of the community by applying density control while excluding uses not compatible with residential
uses. 1101 Permitted Uses Single family detached dwellings. Two family detached dwellings provided the lot area is 25% larger than the minimum required for single family detached dwellings
and in compliance with the yard and setback requirements for single family detached dwellings. Single family semi-detached dwellings (duplex). Townhouse dwellings, not exceeding three
(3) stories in height or six ( 6 ) dwellings per structure. Multi family dwellings, apartment buildings not exceeding two ( 2 ) stories in height and eight (8) dwelling units per structure.
Conversion apartments, conversions of existing single family detached dwellings to two-family dwellings provided each unit has two points of entrance/exit and a minimum of two off street
parking spaces per dwelling unit. Conversions of existing single family detached dwellings to three or more family dwellings provided that each dwelling unit has two points of entrance/exit
and a minimum of two off-street parking spaces per dwelling unit. The minimum lot area shall be determined by the applicable single family detached dwelling lot size required in this
section, for the first dwelling unit and additionally three thousand square feet (3000 sq. ft.) for each subsequent dwelling unit. Setback requirements shall comply with the applicable
provisions of this ordinance for single family detached dwellings. In the event of any conversion project, which is subject to approval of the Pennsylvania Department of Labor and Industry,
such approval must 94
7. 8 . 9. 10. 11. 12. SECT I ON 1. 2. 3 . 4. 6. 7. be obtained prior to the issuance of Township building permit. Individual independent mobile homes. Parks, playgrounds, and recreation
areas when owned by the I 1 municipality. Federal, state, and local municipal buildings and uses, essential services and essential municipal services facility. Signs when erected and
maintained in accordance with the applicable provisions of the Sign Article of this Ordinance. Planned residential developments on tracts in excess of twenty (20) acres in accordance
with the provisions of this Ordinance regarding such developments. R I Accessory buildings and uses on the same lot with and customarily incidental to any of the above permitted uses
and which may include a home occupation. 1102 Conditional Uses Public utility facilities. I 1 Public, private and parochial schools, and day care centers for the educational needs of
the community provided all outside active play areas are screened from adjacent residential properties. Churches or similar places of worship including parish houses and parsonages.
Boarding, lodging or rooming houses. Mobile Home Parks on tracts of land in excess of three ( 3 ) acres in size served by public water and sewer, in accordance with the requirements
of Article XI1 of this Ordinance and the Township Subdivision. Neighborhood outdoor recreational facilities and organizations when not operated for gain or profit. 1 1 95
SECTION 1103 Minimum Area and Density Requirements I 1. All buildings including accessory buildings shall not cover more than thirty ( 3 0 ) percent of the area of the lot. 2. Minimum
Required for All Uses Not Otherwise Listed On-Lot On-Lot On-Lot Public I Water & Sewer Sewer Water Water & Sewer 1 Lot Depth 1 Front Yard Side Yard 1 (each) 40,000 sq ft 40,000 sq ft
150 feet 100 feet 180 feet 150 feet
30 feet 30 feet 15 feet 15 feet 30 feet 40 feet 2 30 feet 40 feet 2 15,000 sq ft 80 feet 120 feet 30 feet 10 feet 30 feet 40 feet 2 8,000 sq ft 80 feet 100 feet 30 feet 10 feet 30 feet
40 feet 2 Parking Unit I per Dwelling I When on-lot sewer facilities are to be utilized, the minimum lot size may be increased by the Township Sewage Enforcement Officer or the Department
of Environmental Protection for factors relating to health and sanitation. 96
3 . Single Family Semi-detached Dwelling Unit (duplex) -minimum required for each dwelling unit. On-Lot On-Lot On-Lot Public Water & Sewer Sewer Water Water & Sewer Lot Area 30,000 sq
ft 30,000 sq ft 10,000 sq ft 7,500 sq ft r Lot Width 125 feet Lot Depth 156 feet 125 feet 60 feet 50 feet 156 feet 100 feet 100 feet Front Yard 30 feet 30 feet 30 feet 30 feet Side Yard
15 feet 15 feet 10 feet 10 feet Rear Yard 30 feet 30 feet 30 feet 30 feet Height 40 feet (maximum) Off-street 2 Parking per Dwelling Unit 40 feet 40 feet 40 feet I 2 2 2 I When on-lot
sewer facilities are to be utilized, the minimum lot s i z e may be increased by the Township Sewage Enforcement Officer or the Department of Environmental Protection for factors relating
to health and sanitation. 1 I I 4. Townhouse Dwelling Unit-minimum Required for Each dwelling Unit a. Each townhouse residential project shall contain a minimum of fifty thousand square
feet (50,000 sq. ft.) of lot area. Minimum Development Standards Per Dwelling Unit Lot Area ............................... 2 , 5 0 0 sq. ft. Interior Lot Width ........................
20 feet Front Yard ................................ 30 feet 97
Side Yard for End Units ................... 20 feet Rear Yard ................................. 30 feet Off-street Parking ......................... 2 spaces Height (maximum) ........................
. 40 feet Active Play Area.. ....................... 100 sq. ft. Minimum Distance between Groups or Units ... 40 feet b. No less than three ( 3 ) and no more than six (6) dwellings shall
be permitted in a unit or group. c. Public water supply and sewerage shall be provided. d. Active play area shall be furnished in townhouse development projects containing fourteen (14)
or more dwelling units. Such area shall not be less than twenty five hundred square feet (2,500 sq. ft.) in land area, nor less than fifty feet (50') in its smallest dimension. For each
dwelling unit above the minimum number prescribed heretofore, an additional one hundred square feet (100 sq. ft.) per dwelling unit shall be allocated to the total active play area.
The Township may accept a donation in lieu of play area when circumstances warrant. Such donation must be used for Township recreation purposes. e. Where any townhouse project is proposed
to be developed in conjunction with multi-family dwellings the active play area requirements for the townhouses shall be designed for and made accessible to all the residents. The Board
of Supervisors reserve the right to increase the active play area requirements upon recommendation of the Planning Commission when in its opinion additional area is necessary to accommodate
the needs of the mixed use development in accordance with the spirit and objectives of this Ordinance.
f. Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with the following minimums : Front to Front -60 feet Front to Side -40 feet Front
to Rear -60 feet Side to Rear -40 feet Side to Side -15 feet Rear to Rear -50 feet Corner to Corner -10 feet Dwelling unit structures shall be located and arranged so as to promote privacy
for residents within the development and maintain privacy for residents adjacent to the development. Structures shall be located within the development so that there will be no adverse
impact such as excluding natural light or invading the privacy of adjacent structures. 5. Multi-Family Dwellings -Minimum Required a. Each multiple dwelling residential project shall
contain a minimum of fifty thousand square feet (50,000 sq. ft.) of lot area in accordance with the following standards. Lot Width ..................................... Lot Depth . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 1 5 0 Each Side Yard (exterior) exterior) ................... 20 Rear Yard ..................................30 Front
Yard ................................... Off-street Parking per Dwelling Unit ......... 2 Minimum Distance Between Units .............. 40 Height (maximum) . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 4 0 Active Play Area Per Dwelling Unit: feet feet feet feet feet spaces feet feet Efficiency ........................ 75 feet 1 Bedroom ........................
100 sq. ft. 2 Bedroom ........................ 125 sq. ft. 3 or more Bedrooms ............... 150 sq. ft. 99
1 1 I 1 1 1 I b. C. d. e. f. g* E The maximum number of dwelling units permitted shall be determined on the basis of two thousand square feet ( 2 , 0 0 0 sq. ft.) of lot area exclusive
of public rights-of-way for each dwelling unit. The length of any unit shall not exceed one hundred fifty feet (150'). Public water supply and sewerage shall be provided. Active play
area shall be furnished in multi-family development projects containing fourteen (14) or more dwelling units. Such area shall not be less than twenty five hundred square feet (2,500
sq. ft.) in land area, nor less than fifty feet (50') in its smallest dimension. For each dwelling unit above the minimum number prescribed heretofore, an additional one hundred square
feet (100 sq. ft.) per dwelling unit shall be allocated to the total active play area. The Township may accept a donation in lieu of play area when circumstances warrant. Such donation
must be used for Township recreation purposes. Where any multi-family dwelling project is proposed to be developed in conjunction with townhouse dwellings the active play area requirements
for the multi-family dwellings shall be designed for and made accessible to all the residents. The Board of Supervisors reserve the right to increase the active play area requirements
upon recommendation of the Planning Commission when in its opinion additional area is necessary to accommodate the needs of the mixed use development in accordance with the spirit and
objectives of this Ordinance. There shall be one hundred foot (100') setback from the property lines adjacent to any existing dwelling or residential. 100
h. Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with the following minimums : Front to Front -60 feet Front to Side Front to Rear
Side to Rear Side to Side Rear to Rear Corner to Corner -40 feet -60 feet -40 feet -15 feet -50 feet -10 feet i. Dwelling unit structures shall be located and arranged so as I to promote
privacy for residents within the development and maintain privacy for residents adjacent to the development. Structures shall be located within the development so that there will be
no adverse impact such as excluding natural light or invading the privacy of adjacent structures. I 101
I 'I ARTICLE XI1 I I I 1 1 I 1 1 I I 1 I I I I I Mobile Home Parks (MHP) SECTION 1200 Purpose The purpose of the mobile home parks section is to provide guidelines for the placement,
use and operation of mobile homes in mobile home parks. SECTION 1. 2. 3 . 4 . 5. 1201 General Regulations Mobile home parks are permitted in the Agricultural and the Medium Density Mobile
Home Residential District (R-31, on tracts of land in excess of three ( 3 ) acres (net) in size and served by public sewer and water. A new mobile home park may not be developed anywhere
within a one hundred (100) year flood plain area and a minimum of two feet ( 2 ' ) above any flood plain elevation if flood plain is adjacent to proposed park. Two or more mobile homes
on one lot, one property or one deed, constitutes a mobile home park. All mobile homes in mobile home parks must be connected to and use public water and sewer. Electrical, telephone
and TV Cable (if available) shall be provided to each mobile home pad underground. All utilities utilities must be installed and maintained in accordance with local utility company's
specifications and regulations. Mobile home parks shall provide not less than ten percent (10%) of the total land area for usable open space purposes. In addition, mobile home parks
with fourteen (14) or more mobile homes shall provide a play area and picnic area within the open space. This open space and/or play area shall be maintained by the park owners at all
times. Owner/developer of mobile home parks may provide a donation to a Township park available to the mobile home park residents in lieu of the open space, play area and picnic area.
Such a request would be considered and decided upon by the Township Supervisors after review and recommendation by the Planning Commission. 102
6. 7. a. 9. 10. 11. 12. 13. Screen planting in accordance with this ordinance is required where any mobile home park adjoins other residential uses or districts. Township Supervisors.
Screen planting may be increased as required by the ~ l mlob ile home spaces shall be numbered, and each street named. Each mobile home space shall be provided with a frost free foundation,
concrete slab or footer with tie-downs to secure the mobile home. Lots shall be graded and equipped to drain all surface water in a safe, efficient manner. No mobile home shall be erected
on jacks, loose blocks, or other temporary materials. Stormwater designs must comply with the Township's stormwater management ordinance. Anchoring a. Each mobile home shall be secured
firmly to the foundation, slab, or footer to prevent uplift or overturning of the mobile home. b. Each mobile home shall have a minimum of six (6) tie down straps. Skirting: An enclosure
of compatible design in material shall be erected around the entire base of the mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of
the structure. All roadways in mobile home parks must be a minimum of twenty feet ( 2 0 ' ) paved with ID2 and a three foot ( 3 ' ) sidewalk on one side, or three feet ( 3 ' ) of additional
paving lined off as a walkway. Trash containers with closing lids must be provided for residents to dispose of trash, and containers must be picked up on a regular, scheduled basis,
at least once a week. Locations of trash dumpsters must be screened on three sides. Refuse and Recycling Collection: Provision shall be made by the park operator to have refuse collected
at least once every week, with recyclables collected every two weeks, if collected at each mobile home and twice a week if a central collection area is 103
utilized. to maintain the centralized refuse and recycling collection area in a non-objectionable manner. It shall be the mobile home park owners responsibility 14. Sufficient lighting
must be provided outside to ensure the safety and security of residents and guests. 15. Fire hydrants must be installed per the water authority regulations. 16. Travel trailers, camper
trailers, motorhomes, and other such vehicles designed primarily for temporary living quarters shall not be permitted to occupy mobile home spaces in mobile home parks. 17. Mobile homes
in mobile home parks shall have complete, functional sanitary facilities, provide a complete cooking and sleeping area, be kept in good repair, and maintained inside and outside. 18.
Mobile homes being moved into a mobile home park require a building permit from Washington Township; mobile homes being moved out of mobile home park require a permit from the tax collector.
19. It shall be unlawful within the limits of the Township for any reason to park any mobile mobile home on any street, alley or highway or other public place or on any tract of lands
owned by any person occupied or unoccupied within the Township except as provided in this Ordinance. 20. Any emergency or temporary stopping or parking is permitted on any street for
not longer than one hour, subject to any other and further prohibitions, regulations or limitations imposed by the traffic and parking regulations or ordinances for that street, alley
or highway. 21. Fire Extinguisher: A dry chemical fire extinguisher, not less than five ( 5 ) pounds in capacity, shall be provided in each mobile home. 22. Smoke Alarms: Each mobile
home must have a minimum of one working smoke alarm. 104
23. Street Lighting: The mobile home park operator shall install street lighting or individual lot lighting. SECTION 1202 Minimum Density and Setback Requirements 1. All buildings including
accessory buildings, decks, porches, and other structures must cover no more than 35% of the mobile home lot. 2. Minimum Requirements: a. Single wide mobile homes -20' Lot size Lot width
Lot depth Front yard Rear yard Side yard Parking Height wide or less 5,000 sq. ft. 50 ft. 100 ft. 30 ft. from edge of road* 30 ft. from property line or road 10 ft. 2 off-street spaces,
paved 25 ft. maximum b. Double wide mobile homes -20' wide or more Lot size 6,000 sq. ft. Lot width 60 ft. Lot depth 100 ft. Front yard 30 ft. from edge of road* Rear yard 30 ft. from
property line or road Side yard 10 ft. Parking 2 off-street spaces, paved *Front yard setback is 30' from any mobile home park road. Setback from any public street is 55' from center
of street, regardless of whether street is on side, rear or front of mobile home. 105
c. Existing mobile home park -double wide units of 20' width or more. Side yards for any portion of the structure shall be 8 ' on each side, i.e. any portion of structure, including
unit, deck, porch, or patio must be eight feet (8') from side property line. thirty six inches (36") into side yard. Open steps may protrude a maximum of 106
I I 1 I I I I 1 I I I 1 I I I I ARTICLE XI11 (C) Commercial District SECTION 13 00 Purpose The purpose of the (C) -Commercial District is to provide reasonable standards for the development
of commercial uses in areas where such uses already exist and where, due to the character of undeveloped land, the development of commercial uses is practical. This district is designed
to centralize heavy commercial activity where such will be convenient to the majority of Township residents. SECTION 1. 2. 3 . 1301 Permitted Uses The following uses as regulated in
the (R-3) Medium Density Mobile Home Residential District. a. A single apartment or conversion apartment when combined with a permitted commercial use in a multiple use building. b.
Churches or similar places of worship including parish houses and parsonages. c. Nursing homes, domiciliary care facilities, convalescent homes and geriatric centers, hospitals, and
mortuaries. d. Federal, state and local municipal buildings and uses, essential services and essential municipal services facility. Multiple use buildings provided there is a minimum
lot area of fifteen thousand square feet (15,000 square feet) for the first use and five thousand square feet ( 5 , 0 0 0 square feet) for each additional use in accordance with the
yard and setback requirements of this District. The following uses in accordance with the Commercial lot area requirements. a. Hotels, motels, tourist homes, restaurants, commercial
recreational facilities. 107
b. C. d. e. f. g. h. i. Automotive, truck, trailer, and mobile home sales and service, such as service stations, repair garages, new and used car dealers, subject to the following: Entrance
and exit driveways shall have an unrestricted width of not less than twelve feet (12') nor more than thirty feet (30') and shall be located not less than twenty feet (20') from any property
line. Vehicle lifts or pits, dismantled or salvage automobiles and all parts or supplies shall be located within completely enclosed buildings, wrecked automobiles shall be screened
from adjacent properties. In no case will more than five (5) unregistered, untagged vehicles be allowed on a single property. 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 buildings. This requirement shall not be construed to mean that the doors to
any repair shop must be kept closed at all times. The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than fifty feet ( 5 0 ' ) from any
property line other than the street line. Drive-in establishments. Wholesaling, storing, and warehousing. Shopping centers in accordance with the provisions of this ordinance. Retail
businesses. Business services. Personal services. Repair services. 108 I I 1 1 1 I I I I I I 1 I I I I 1 I D l
j. Manufacturing, assembling, etc., where goods so produced or processed are to be sold exclusively on the premises. I k. Veterinary clinics, hospitals, animal care facilities. 1. Social
and service clubs. 4. Accessory uses and buildings customarily incidental to the above permitted uses provided that no outside storage of materials or processing activity shall be permitted
unless the activity is effectively screened from the adjacent properties by a wall or fence . I I SECTION 1302 Conditional Uses 1. Adult Entertainment I a. I I I I 1 I I I I I I Designation
of Uses: The following uses are designated as adult entertainment uses: Adult bookstore. Adult drive-in motion picture theater. Adult mini-motion picture theater. Adult motion picture
theater. Massage shop. ation of Adult Entertainment Uses: No adult entertainment uses shall be permitted in any district except the (C) Commercial District and no such use shall be permitted:
(1) Within one thousand feet (1,OOOl) of any other existing adult entertainment entertainment and/or (2) Within five hundred feet ( 5 0 0 ' ) of any residentially zoned district or any
of the following residentially related uses: (a) Churches, monasteries, chapels, synagogues, convents, rectories, religious article or 109
I (c) Public playgrounds, public swimming pools, public I religious apparel stores; (b) Schools, and the adjunct play areas; parks and public libraries. ( 3 ) For the purpose of this
subsection, spacing distances shall be measured as follows: (a) From all property lines of any adult entertainment I use; (b) From the outward line of boundary of any residential zoning
district; (c) From all property lines of any residentially related use in subsection b. (2) (a) through (c) above. c. Signs and Other Visible Messages: All adult entertainment uses shall
be permitted signs and visible messages based on the allowable sign area provided for in this ordinance, provided : (1) Signs: (a) Sign messages shall be limited to verbal description
of material or services available on the premises; and (b) Sign messages may not include any graphic or pictorial depiction of material or services available on the premises. (2) Other
Visible Messages: (a) Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications,
pictures, films, or live presentation of persons performing or services offered on the premises. 110 I I I I I 1 I I I I I I I I
I I I I I I I I I I I I I I I I I I I 2. Light manufacturing uses such as assembling, converting, and processing activities in accordance with the following standards: Upon application
for a building permit, a report shall be submitted setting forth the reasons why such light manufacturing use is sufficiently compatible to the other uses permitted in the Commercial
District in terms of traffic generation, parking requirements and site demands. Such report shall be subject to approval of the Township before a building permit is issued. SECTION 1302.3
Communications Towers SECTION 1303 Screen Plantings Screen plantings are required between any Commercial District and any Residential District, and shall be in accordance with the General
Regulations of this Ordinance. Screening may also consist of fences, walls, and other visual barriers, if approved by the Township. Screen plantings are not required between the Commercial
District and Forest Conservation and Agricultural Districts. SECTION 1304 Off-street Parking, Loading Areas and Access Drives Off-street parking and loading space and motor vehicle access
shall be provided in accordance with the provisions of the Off-street Parking and Design of Parking and Loading Areas and Access Drives Articles of this Ordinance. SECTION 1305 Minimum
Area and Density Requirements 1. All buildings including accessory buildings shall not cover more than thirty-five (35%) percent of the area of the lot. No less than ten (10%) percent
of the lot area shall be covered with lawns and landscaping. 111
2. Minimum required for all uses not otherwise listed. Minimum Recruired Commercial Lot Size* 15,000 square feet I I I I I Lot Width 80 feet Lot Depth 120 feet Front Yard 30 feet Side
Yard** 10 feet Rear Yard 30 feet Building Height (Maximum) 35 feet Buffer Yard (as required by this Ordinance) * When on-lot sewer facilities are to be utilized, the minimum lot size
may be increased by the Township Sewage Enforcement Officer or Department of Environmental Protection for factors relating to health and sanitation. ** When mutual agreement is provided
in writing by the I I I adjoining property owners, no side yard shall be required where two or more commercial uses adjoin side to side. In case of a series of adjoining structures abutting
and paralleling a public right-of-way, an open and unobstructed passage of at least twenty feet (20') in width shall be provided at grade level at intervals of not more than four hundred
feet (400') apart. 112
I 1 I I 1 1 1 I I I I I 1 I I I I 1 I ARTICLE XIV (C-N) Commercial Neighborhood District SECTION 1400 Purpose The purpose of the (C-N) -Commercial Neighborhood District is to provide
reasonable standards for the development of commercial uses in areas where such uses will be compatible with existing and future surrounding residential uses. SECTION 1401 Permitted
Uses 1. The following uses are regulated in the (R-1) Low Density Residential District. a. Churches or similar places of worship including parish houses and parsonages; b. Federal, state
and local municipal buildings and uses, essential services and essential municipal services facility 2. Retail businesses, such as variety stores, apparel stores, drug stores, grocery
stores, eating establishments, antique shops, music shops, sporting good stores, and book, stationery, magazine, candy and tobacco shops, but excluding establishments primarily designed
to provide drive-in facilities. 3 . Business services, such as bank, credit unions, loan companies and other financial institutions, real estate and insurance agencies, utility offices,
government, business and professional office, medical or dental clinical facilities but excluding establishments primarily designed to provide drive-in facilities and veterinary clinics.
4. Personal services such as barber shops, beauty salons, photographic studios, coin operated laundromats, tailor, dressmakking millinery and dry cleaning and laundry operations, but
excluding establishments primarily designed to provide drive-in facilities. 113
5. 6. 7 . a. 9. SECTION 1. 2. SECTION Repair services, such as radio, television, and appliance shops, plumbing shops, carpenter shops, upholstery shops, and shoereppai shops, excluding
automotive or vehicle repair shops, vehicle sales lots and similar vehicle related businesses. Single family dwellings, duplex units and conversion apartments. Conversion of apartments,
conversion of existing single family detached or multi-family dwellings to two or more family dwellings. Each unit shall be provided with two (2) points of entrance/exit from the building
and a minimum of two (2) offstrree parking spaces per dwelling unit. The area required per unit shall be as per Section 1401.8 as listed below. Multiple use building provided there is
a minimum lot area of fifteen thousand square feet (15,000 square feet) for the first use or unit and five thousand square feet (5,000 square feet) for each additional use/unit and in
accordance with yard and setback requirements of Commercial Neighborhood Uses. Accessory uses and buildings customarily incidental to the above permitted uses provided that no outside
storage of materials or processing activity shall be permitted unless the activity is effectively screened from the adjacent properties by a wall or fence . 1402 Conditional Uses Bed
and Breakfast operations. Boarding, lodging or rooming houses. 1403 Use Standards Commercial uses permitted in the Commercial Neighborhood Districts shall be subject to the following
conditions. 1. Along each property line which is adjacent to a Residential District or existing residence screening shall be provided as defined in this Ordinance. 114 I I I I I I I
I I I I I I I I I I I I
I I I I 1 1 I I 1 1 1 I I 1 I 1 I I I 2. Any illumination or flood-lighting shall be arranged so there will be no glare of light upon residence district, or adjacent roadway. SECTION
1404 Off-street Parking, Loading Areas and Access Drives Off-street parking and loading space and motor vehicles access shall be provided in accordance with the provisions of the Off-street
Parking and Design of Parking and Loading Areas and Access Drives Articles of this Ordinance. SECTION 1405 Minimum Area and Density Requirements 1. All buildings including accessory
buildings shall not cover more than twenty-five (25%) percent of the area of the lot. No less than ten (10%) percent of the lot area shall be covered with lawns and landscaping. 2. Minimum
required for all uses not otherwise listed. Minimum Standards Lot Size * Lot Width Lot Depth Front Yard Side Yard** Rear Yard Building Height (Maximum) Buffer Yard -as required Community
Commercial 15,000 square feet 80 feet 150 feet 30 feet 10 feet 30 feet 35 feet by this Ordinance * When on-lot sewer facilities are to be utilized, the minimum lot size may be increased
by the Township Sewage Enforcement Officer or Department of Environmental Protection for factors relative to health and sanitation. 115
** When mutual agreement is provided in writing by the adjoining property owners, no side yard shall be required where two or more commercial uses adjoin side to side. In the case of
a series of adjoining structures abutting and paralleling a public right-of-way, an open and unobstructed passage of at least twenty feet (20') in width shall be provided at grade level
at intervals of not more than four hundred feet (400') feet apart. 116
ARTICLE XV (CN-R) Commercial Neighborhood (Restricted) District SECTION 1500 Purpose The purpose of the (CN-R) Commercial Neighborhood (Restricted) District is to provide strict standards
for the development of limited commercial uses in area where such uses will be compatible with neighborhood residential uses and can be made to blend in with the surrounding areas. This
district's primary purpose is to provide commercial facilities to the surrounding neighborhood, and which would be SECTION 1. 2. 3 . 4. 5. 6 . 7 . supported by the neighborhood. 1501
Permitted Uses Retail businesses, such as convenience stores, pharmacy stores, apparel stores, eating establishments, music shops, sporting goods stores, and book, stationery and magazine
shops. Business services, such as banks, credit unions, and other financial institutions, real estate and insurance agencies, business and professional offices, including medical and
dental off ices. Personal services, such as barber shops, beauty salons, dry cleaning outlets, outlets, photographic studios, tailor, dress-making, and millinery. Multiple use buildings
provided there is a minimum lot area of fifteen thousand square feet (15,000 square feet) for the first use and five thousand square feet (5,000 square feet) for each additional use.
No accessory building shall be permitted in this district. Except for financial institutions, drive in facilities shall be prohibited. Federal, state and local municipal buildings and
uses, essential services and essential municipal services facility. 117
SECTION 1502 Use Standards Commercial uses permitted in the Commercial Neighborhood (Restricted) District shall be subject to the following conditions: 1. 2. 3 . 4. 5 . 6 . SECTION Each
building permit application shall be approved by the Washington Township Planning Commission. conform to required setbacks, and shall be of a type of construction that will be comparable
with the surrounding community . All buildings shall Along
each property line adjacent to a Residential District, screen planting shall be provided as specified in Section 303-6 herein. Any illumination will be arranged so that there is no
glare of light upon a residence or residential district or adjacent roadway. All illumination shall be kept within commercial lot lines. Any outside facilities, such as gas/fuel pumps,
loading docks, etc., must be screened from view of the roadway, residential districts, and adjacent lots. Screening may be natural or manmade and shall be approved by the Planning Commission.
No outside facilities will be permitted in front of building or in front yard. No free-standing signs will be permitted. All signs must be attached to buildings and shall be approved
by the Planning Commission. The hours of operation shall not exceed the period of 5:OO a.m. to 11:OO p.m. prevailing time. 1503 Off-street Parking, Loading Areas, and Access Drives Off-street
parking, loading space, and motor vehicle access shall be provided in accordance with the provisions of the Off-street Parking Design of Parking and Loading Areas and Access Drive Sections
of this ordinance. In addition, all loading docks and areas shall be screened as much as possible from adjacent lots and roadways. The planning Commission shall approve all parking,
loading, and access drive plans. I I I 1 I I I I I 1 1 I I 1 I 1 I I 118
SECTION 1504 Minimum Area and Density Requirements I I I I I I I E I I c I 1 I I I 1. All buildings shall cover not more than twenty percent (20%) of the lot. No less than fifteen percent
(15%) of the lot shall be covered with lawns and landscaping. 2. Minimum required for all uses not otherwise listed. Minimum Required Neighborhood Commercial (Restricted) Lot Size 15,000
square feet Lot Width 80 feet Lot Depth 200 feet Front Yard 60 feet Side Yard* 10 feet* Rear Yard** 30 feet** Building Height Maximum 25 feet Public water and sewer is required for all
buildings. *When mutual agreement is provided in writing by adjoining property owners, no side yard shall be required where two or more commercial uses adjoin side to side. In the case
of a series of adjoining structures abutting and paralleling a public right-ofwaay an open and unobstructed passage of at least twenty feet (20') in width shall be provided at grade
level at intervals of not more than four hundred feet (400') apart. **Rear yard of sixty feet (60') is required when abutting an existing residential lot. 119
1 I I I 1 1 1 I I I I I I D 1 1 I I 1 ARTICLE XVI (I) Industrial District SECTION 1600 Purpose Consis'tent with the general purposes of this Ordinance, the specific purpose of this Article
is: 1. 2. 3 . SECTION 1. 2 . 3 . 4 . 5. 6 . 7. To encourage the construction on and continued use of the land for industrial purposes. To prohibit any use which would substantially interfere
with the development, continuation or expansion of industrial uses in the District. To establish reasonable standards for buildings and other structures, the area and dimensions of yards
and other open spaces, and to provide for facilities and operation of industries to minimize air pollution, noise, glare, heat, vibration, fire, safety hazards, etc. 1601 Permitted Uses
Vehicles and mobile homes manufacturing, and assembling, auto body shops, vehicle painting, upholstery, reconditioning, repair or overhauling, tire retreading or recapping, welding shops,
and the like. Bottling works and bookbinding. Building materials storage, lumber yards, and lumber mills. Blacksmith and machine shops, excluding punch presses over twenty ( 2 0 ) tons
capacity, and drop hammers. Carpentry, cabinet making, furniture repair and upholstery, electrician, metal working, tinsmith, plumbing, gas, steam or hot water fitting shops. Contractor's
equipment, sales, service, and storage. Electric and telephone public utility transmission and distribution facilities. 120
8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Manufacture, assembly & storage of electrical and electronic equipment and parts. Laboratories. Laundries, cleaning, dying, carpet and
rug cleaner. Distribution of plants, parcel delivery, and service industries. Photographic or film processing. The manufacture, compounding, assembling or treatment of articles of merchandise
from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, film, fur, glass, hair, leather, paper, plastics, wiring, precious or semiprecciou
metals, or stones, shell, textiles, tobacco, wood, yarns, and paint not employing a boiling process. The manufacture, processing, or packaging of dairy and food products, excluding the
rendering of hides and bones. The manufacturing of pottery and figurines or other similar ceramic products, using only clay, and fired only by electricity or gas. Printing, newspaper
publishing, and lithography. Junk yards on tracts of land in excess of twenty-five (25) acres in size in accordance with the Washington Township Junk Yard Ordinance. Light metal fabrication
and assembly, and processing which shall include finishing, grinding, sharpening, polishing, cleaning, rust-proofing, and painting. Accessory uses and buildings customarily incidental
to the above uses including dwellings for bona fide caretakers or watchmen only. Wholesale and retail sales of products manufactured, produced or distributed pursuant to a permitted
use in whole or part on the lot in question. 121
21. Federal, state and local municipal buildings and uses, essential services and essential municipal services facility. 22. Communications Towers. 23. Other principal uses similar to
the above provided that they meet the performance standards found in Section 1602 below. Prior to any application for a land development plan, building permit, or change of use, documentation
shall be submitted for the intended use establishing compatibility with other uses permitted in this District in terms of the performance standards enumerated in Section 1602. the Planning
Commission and their recommendation shall be forwarded to the Board of Supervisors. The Board of Supervisors shall act on the proposed, intended use within 30 days of receipt of the
Planning Commission's recommendation. The decision of the Board of Supervisors shall be furnished, in writing, not later than ten (10) days after the decision is rendered, to the applicant.
Once this is completed, and if the use is approved, an official application for subdivision, land development, building permit, or change of use, whichever is applicable, can be completed
and processed. This documentation shall be subject to review by To determine whether or not the proposed use is permitted, if not specifically listed, the following information is required
to be submitted a minimum of 35 days prior to the next meeting of the Township Planning Commission. a. Sketch plan showing all property dimensions, existing locations of all buildings,
structures, rights-of-way, easements, driveways, off-street parking facilities; utility lines, poles and appurtenances; entrances and exits on the site, and within 100 feet of the property;
proposed locations and dimensions of proposed buildings, structures, walkways, buffer zones, parking areas, loading areas, storage areas, signs, sanitary sewer facilities, stormwater
management facilities, water supply, waste disposal provisions, curbs, landscaping, exterior lighting; existing and proposed physical features. b. Statement explaining the proposed use
of the site and its compatibility with the area. 122
C. d. e. f. SECTION Description of existing and proposed machinery, processes and 1 products. Specifications for the mechanisms and techniques used or to be 1 used in restricting emission
of any dangerous and objectionable elements, and in measurement of the potential emission if any is anticipated. I 1 Inventory and analysis of water quantity 'requirements and water
yields and quality; traffic counts, road capacities, circulation patterns and considerations; and, and other data that may be required. Designation of applicable Federal, Commonwealth,
or local approvals and permits required, and compliance with same, 1602 Performance Standards All proposed Industrial uses shall meet or exceed all of the following I I requirements:
1. Buffer Zones a. b. C. d. The buffer zone shall be measured from the district boundary line or right-of-way line, if not co-existent with the district boundary line. A minimum buffer
zone of 50 feet in width shall be provided I along any common property line with a residential use or district. The buffer zone shall be maintained and kept clean of debris, rubbish,
weeds, and other unsightly features. No building, structure, or physical improvement shall be permitted in the buffer zone except: (1) An access drive; (2) A stormwater facility; and
( 3 ) A permitted sign. 123 I
e. No less than half of the exterior buffer area shall be planted and maintained with grass or ground cover, massed evergreens, and deciduous trees and shrubs of such species and size
as will produce. A screen of such density as will obscure, throughout the full course of the year, all of the glare of automobile headlights emitted from the premises. The preservation
of all natural wooded tracts, rock outcroppings or topographic features shall be an integral part of all said plans regardless of their proximity to required buffer zones. Massed evergreens
used in screen planting shall be at least four (4') feet in height when planted and produce a complete visual screen year-round. The screen planting shall be maintained permanently and
any plant material which does not live shall be replaced within one (1) year. The screen planting shall be so placed that at maturity it will be no closer than three ( 3 ) feet from
any street or property line. A clear-sight triangle shall be maintained at all street intersections and at all points where private access ways intersect public streets. The screen planting
shall be broken only at points of vehicular and pedestrian ingress and egress. f. No screen planting shall be required along street frontages. 2. Drainage No stormwater or natural drainage
which originates on the property or water generated by the activity, e.g., air conditioners, swimming pools, shall be diverted across property lines unless transported in an approved
or existing drainage system. 124
3 . 4. 5 . 6. 7 . 8. Electricity Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as the
result of the operation of such equipment. 1 Glare No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting
shall be shielded, buffered, and directed so that glare will not become a nuisance to adjoining properties, adjoining districts, or streets. A light of 0.5 foot candles that shine on
1 any dwelling is considered a nuisance under this section. Radioactivity Any proposed activity in this district shall not emit any dangerous radioactivity at any point on the site.
Vibration I There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted. I Fire and Explosion Hazard 1 All
activities shall be carried out in buildings, structures and improvements which conform to the standards of the National Board of Fire Underwriters. Furthermore, protection against fire
and explosion shall be upon the advice of the Franklin County Fire Marshall and the Township Emergency Management Coordinator. Traffic Control All design traffic volumes shall be determined
by accepted procedures of the Pennsylvania Department of Transportation. The design hourly volume and the average annual daily traffic count data shall be used as a basis of computation.
Geometric design features shall be consistent with the design speeds and capacities of streets serving the site. Minimum stopping, turning and passing sight distances shall be determined.
Grades, I I 1 I 1 1 1 I 125
9. 10 alignments, lanes, slopes, clearance, and other street standards shall be consistent with the Washington Township Subdivision and Land Development Ordinance. Traffic control devices
(signs, signals, pavement markings, etc.) shall be consistent with the Pennsylvania Department of Transportation regulations. Anticipated traffic generation shall not exceed the design
volume of the street or streets serving the site and surrounding area, unless appropriate provisions to upgrade and to construct necessary street improvements consistent with Washington
Township street specifications are made at the applicant's expense. Storage of Explosives or Flammable Substances and Waste Disposal a. No highly flammable, explosive, chemicals or toxic
waste liquids, solids or gases shall be stored in bulk above the ground except in structures according to Commonwealth and Federal Specifications. b. All outdoor storage facilities for
fuel shall be enclosed by an approved safety fence to prevent access thereto by unauthorized individuals. c. All materials or wastes which might cause fumes, constitute a fire hazard,
or attract rodents or insects may only be stored in enclosed buildings or containers which are adequate to eliminate such hazards. d. No materials, fuels, wastes, or flammable substances
may be deposited or stored on a lot in such a manner as to allow them to be transferred off the lot by natural causes or forces. No substances, including but not limited to gasoline,
alcohol, oil, waste oil, and chemicals which can contaminate a stream, water source, or ground shall be stored in such a location so that it could be introduced into the said stream,
water course, or ground by natural causes or forces, or by rupture or storage containers or accidental discharge. Noise Control The sound level of any use within this District shall
not exceed, at any point along the boundary of the lot on which the use is to be undertaken, Federal standards of recommended decibel levels in 126
11. 12. the designated octave bands, except for emergency alarm system. Sound levels shall be projected in accordance with similar or identical operations or uses and shall be measured
with a sound level meter and associated octave band analyzer manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the
same measuring system which may now or hereafter be utilized by the United States Government for the purpose. Odor Control There shall be no emission of odorous gases or other odorous
material of any nature in such quantities as to be offensive to the average individual at any point on or beyond the lot boundary line within which the industrial operation is situated.
Identical operations or processes may be compared to determine compliance with this subsection. This subsection shall not apply to the storage or application of manure by agricultural
operations in this District. Dust, Fumes, Vapor, and Gas Control .. The emission of dust, dirt, flyash, fumes, vapors, or gases which can cause damage to human health, to animals or
to vegetation or other forms of property, or which can cause spoiling or staining of persons or property at any point beyond the lot line of the use creating such emission is hereby
prohibited. No emission of liquid or solid particulate from any chimney or stack or otherwise shall exceed -03 grains per cubic foot of the covering gas at any point beyond the lot line
of the use creating the emission. Identical processes or facilities may be compared to determine compliance with this subsection. For measurement for the amount of particles discharge
as set forth above, measurement procedures shall follow those then employed by the Pennsylvania Department of Environmental Protection for similar or identical measurements. 13. Smoke
Control NO smoke shall be emitted from any chimney or from any other source which has a visible gray opacity greater than number one (1) on the Ringlemann Smoke Chart as published by
the U.S. Bureau of Mines, as amended to the time of the application for Building 127 I I 1 I I 1 I 1 I 1 B I I 1 I I I I I
Permit. determine compliance with this subsection. Identical operations or processes may be compacted to 14. Liquid and Solid Wastes No operation shall discharge wastes of any kind into
a surface water or groundwater source. All methods of waste disposal shall be approved by the Pennsylvania Department of Environmental Protection and the Washington Township Municipal
Authority, when the said discharges are to the public sewer. Evidence of such approval shall be provided. SECTION 1603 Minimum Areas and Density Requirements 1. All buildings including
accessory buildings shall not cover more than fifty percent (50%) of the area of the lot. No less than ten percent (10%) of the lot area shall be covered with lawns and landscaping.
2. Minimums required for all uses not otherwise listed: Minimum Required Industrial Lot Size Lot Width Lot Depth Front Yard Side Yard Rear Yard Building Height 40,000 sq. ft. 130 feet
250 feet 30 feet 15 feet 15 feet 40 feet Buffer Yards shall be provided as required by this Ordinance, buildings. Pubic water and sewer are required for all 128
I II I I I I 2. I 3 . I 4 . I I I SECTION 1. SECTION I I 1. I 1 I I I 1 ARTICLE XVII Planned Residential Developments 1700 Purposes To encourage innovations in residential development
for greater variety, efficient use of open space, and conservation of natural features. To provide greater opportunities for better housing and recreation in the Township. To encourage
a more efficient use of land and services so that economies may benefit those who need homes. And, in the aid of those purposes, to provide a procedure which can relate the type, design,
and layout of residential development to the particular site and demand for housing, in a manner consistent with the preservation of the property values within existing residential areas,
and to assure that the increased flexibility of regulations over land development is carried out pursuant to sound, expeditious, and fair administrative standards and procedures. 1701
Eligibility Requirements Any application for tentative approval shall as a minimum meet the following requirements: a. The proposed Planned Residential Development shall consist of one
or more contiguous parcels of land under single ownership. b. The proposed Planned Residential Development shall contain a minimum of 20 acres of land. c. . The proposed Planned Residential
Development shall be connected to both public water and public sewer. Planning Residential Development shall be permitted to locate in the A, R-2 and R-3 Districts in the Township. 129
SECTION 1. 2. 1702 Land Use Control and Density Requirements Residential Uses: All planned residential developments shall consist of at least two (2) of the following housing styles.
a. Single Family Detached Dwelling b. Duplexes; c. Townhouses; d. Multiple-family dwellings. Each type of housing style in a development shall constitute a minimum of twenty percent
(20%) of the total number of housing units. e. Walkways, sidewalks, recreation areas, or payment in lieu of, must be installed by the developer as required by the Township. Non-Residential
Uses: The following non-residential uses may be permitted in a planned residential development to the extent that they are designed and intended primarily to serve residents of the Planned
Residential Development and are compatible and harmoniously incorporated into the a. b. C. unitary design of the Planned Residential Development. Commercial uses such as retail shops
or stores, service businesses, and restaurants. Professional or business office uses, including branch banks. Institutional uses such as private schools, nursery schools, day care centers,
churches, and community activity centers. 130
I 1 I I I I I I I I I I 1 1 I 1 I 3 . Land Use Density: Within the Planned Residential Development, density shall be required by the following standards. a. b. C. d. SECTION 1703 Average
gross residential density for the total Planned Residential Development site shall not exceed ten (10) dwelling units per acre. The percentage of the Planned Residential Development
site to be devoted to common open space shall be no less than thirty percent (30%) of the total site area. The percentage of the Planned Residential Development site which is to be covered
by buildings, roads, parking areas, and other impermeable cover shall not exceed forty five percent (45%) of the total site area. Areas for non-residential use shall not exceed the following:
20 to 100 acres -10% of site area 101 to 250 acres -5% of site area 251 acres and up -3% of site area Lot coverage of non-residential buildings shall not exceed twenty-five percent (25%)
of the land area designed for nonresiddentia uses. Site Analysis 1. Natural Feature Analysis : In order to determine which specific areas of the total Planned Residential Development
site are best suited for high density development, which areas are best suited for lower density development, and which areas should be preserved in their natural state as open space
areas, the developer shall submit a Natural Features Analysis of the following subject categories: 131
2. 3 . SECTION 1. a. Hydrology b. Geology c. Soils d. Topography e. Vegetation Community Impact Analysis: In order to determine the impact of the Planned Residential Development upon
the municipality, an analysis of the potential affects of the Planned Residential Development upon public facilities, utilities, and roadway systems shall be required. Market analysis
data which estimates potential market demand for various types of housing in the area of the proposed Planned Residential Development site shall be presented. A Planned Residential Development
may only be located as to have vehicular access over a roadway with paving a minimum of three inches ( 3 " ) thick and at least twenty four feet ( 2 4 ' ) in width connecting said development
to a roadway classified in the Township Comprehensive Plan as an Arterial Roadway. 1704 Site Design Requirements Residential Uses a. Dwelling unit structure shall be located and interspersed
so as to promote pedestrian and visual access to common open space. b. Interior Interior yards and/or structural spacing between dwellings and units shall be provided in accordance with
the following minimums : Front to Front -60 feet Front to Side -40 feet Front to Rear -60 feet Side to Rear -40 feet Side to Side -15 feet Rear to Rear -50 feet Corner to Corner -10
feet 132 I I 1 I 1 1 I 1 I I I ! I I 1 I I I I
I I I I I I I I I I I I I I I I I I m c. Dwelling unit structure shall be located and arranged so as to promote privacy for residents within the Planned Residential Development and maintain
privacy for residents adjacent to the Planned Residential Development. Structures shall be located within the development so that there will no adverse impact such as excluding natural
light or invading the privacy of adjacent structures. d. No building shall be erected to a height in excess of thirty-five feet (35'). e. No structure shall be located within twenty
feet ( 2 0 ' ) of the right-of-way of private streets or drives. 2. Non-Residential a. All commercial uses shall be located in a single concentrated area of the Planned Residential Development.
b. All commercial uses shall be located with direct access to at least a collector street as defined in the Township Comprehensive Plan. Other non-residential uses may be required to
have similar access. c. Commercial signs are permitted subject to the following: (1) A single sign for the commercial center shall be permitted provided such sign face shall be limited
to a height of six feet (6') with a total area of fifty square feet (50 sq. ft.). ( 2 ) Signs for individual uses shall be located on the face of structure and shall be no more than
thirty square feet (30 sq. ft.) in area. ( 3 ) Other than requirements (1) and (2) above, signs shall be subject to the requirements of this Ordinance. d. Other non-residential use signs
shall be subject to the requirements of this Ordinance. 133
3 . 4. 5 . 6. SECTION 1. I I I Streets, Sewer and Water Utilities, Storm Drainage and Soil Erosion Control, Curbs and Gutters and Sidewalks: Streets, sewer and water utilities, storm
drainage and soil erosion control, curbs and gutters and sidewalks shall be designed and improved in accordance with the requirements and standards set forth in the Township's Subdivision
and Land Development Ordinance. and subsequent release of guarantees for all required improvements shall be in accordance with the requirements and procedures of the Township Subdivision
and Land Development Ordinance. Performance and maintenance guarantees Off-street Parking and Loading Facilities: Off-street parking and loading facilities shall be in accordance I I
I with Article VI of this Ordinance. Other Utilities: a. All 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 adjacent residences. I I I I I 1 I Tree Conservation and Landscaping: a. Where extensive natural tree cover and vegetation does exist and
cannot be preserved on the Planned Residential Development site, landscaping shall be regarded as an essential feature of the Planned Residential Development. In these cases, landscaping
shall be undertaken in order to enhance the appearance of the Planned Residential Development, aid in erosion control, provide protection from wind and sun, screen streets and parking
areas, and enhance the privacy of dwelling units. Landscaping plan must be approved by the Township Supervisors. 1705 Ownership, Maintenance and Preservation of Common Open Space For
the purpose of ownership, maintenance, and preservation of common open space, the developer shall establish a Homeowner's Association in accordance with Section 311 of this Ordinance.
134
~~ I I I 1 I I I I I I I s I I I I I I I 2. In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after
establishment of the Planned Residential Development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may
serve written notice upon such organization or upon the residents and owners of the Planned Residential Development setting forth the manner in which the organization has failed to maintain
the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within thirty (30) days thereof, and shall state
the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such hearing the Township 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. If the deficiencies set forth in the original notice or in the modifications thereof shall not be
corrected within said thirty (30) days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the Planned Residential Development and
to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. Said entry and maintenance
shall not constitute a taking of said common open space, nor vest in the public any rights to use the same. Before the expiration of said year, the Township, upon its initiative or upon
the request of the organization heretofore responsible for the maintenance of the common open space shall call a public hearing upon notice to such organization, or to the residents
and owners of the Planned Residential Development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the
Township shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space
at the end of said year. If the Township shall determine such open space in reasonable condition, the Township may, in its discretion, continue to maintain said common open space during
the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall
constitute a final administrative decision subject to judicial review. 13 5
3 . The cost of such maintenance assessed ratably against the Residential Development that by the Municipality shall be properties within the Planned have a right of enjoyment of the
common open space and shall become a lien on said properties. The Municipality, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice
of lien in the office of the prothonotary of the county, upon the properties affected by the lien within the Planned Residential Development. 4 . Public Dedication of Common Open Space:
An offer of dedication of common open space made by the developer in the development plan, before the establishment of any organization responsible for open space areas, and if accepted
by the Township shall constitute a fulfillment of responsibility for providing and maintaining common open space areas. SECTION 1706 Development in Stages 1. A Planned Residential Development
may be developed in stages if the a. b. C. d. following standards are met: The location and and approximate time of construction of each stage are clearly marked on the development plan.
At least fifteen percent (15%) of the dwelling units in the development plan are included in the first stage. At least fifty percent (50%) of the dwelling units in any stage shall be
completed before any commercial development shown in that stage shall be completed. The second and subsequent stages are completed consistent with the development plan and are of such
size and location that they constitute economically sound units of development. In no event shall stages contain less than fifteen percent (15%) of the dwelling units included in the
development plan. 136
I I I 1 I I I I I I I I I I I I I m e. To encourage flexibility of housing density, design, and type in accord with the purpose of this Ordinance, gross residential density may be varied
from stage to stage. A gross residential density in one stage which exceeds the permitted average gross residential for the entire Planned Residential Development must be offset by a
gross residential density in a subsequent stage which is less than the permitted average gross residential density for the entire Planned Residential Development. SECTION 1707 Application
for Tentative Approval of Planned Residential Development In order to provide an expeditious method for processing a development plan for a planned residential development under the
provisions adopted pursuant to the powers granted herein, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of local
procedures, of a plat of subdivision as well as approval of a change in the zoning regulation otherwise applicable to the property, it is hereby declared to be in the public interest
that all procedures with respect to the approval or disapproval of a development plan for a plaMed residential development and the continuing administration thereof shall be consistent
with the following provisions: 1. An application for tentative approval of the development plan for a planned residential development shall be filed by or on behalf of the landowner.
2. The application for tentative approval shall be filed by the landowner in such form, upon the payment of such a reasonable fee and with such officials of the Township as shall be
designated in the provisions adopted pursuant to this article. 3 . All planning, zoning and subdivision matters relating to the platting, use and development of the planned residential
development and subsequent modifications of the regulations relating thereto, to the extent such modification is vested in the.municipality shall be determined and established by the
Board of Supervisors. Supervisors. 137
i 4. The application for tentative approval shall include, in addition 1 to the plans and supporting data required in Sections 302 and 303 of the Subdivision and Land Development Ordinance,
such information as is reasonably necessary to disclose the following: 1 a. b. C. d. e. f. ghh i. j. k. the proposed land use areas within the planned residential development, distinguishing
between types of residential, non residential and open space uses. the location, size and topography of the site and the nature 1 of the landowner's interest in the land proposed to
be developed; the density of land use to be allocated to parts of the site to be developed; the location and size of the common open space and the form I I of organization proposed to
own and maintain the common open space ; I the use and the approximate height, bulk and location of buildings and other structures; 1 the feasibility of proposals for water supply and
the disposition of sanitary waste and storm water; the substance of covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings and
structures including proposed easements or grants for public utilities; the provisions for parking of vehicles and the location and width of proposed streets and public ways; the required
modifications in the municipal land use regulations otherwise applicable to the subject property; I I I I the feasibility of proposals for energy conservation and the effective utilization
of renewable energy sources; and I I in the case of development plans which call for development over a period of years, a schedule showing the proposed times within which applications
for final approval of all sections of the planned residential development are intended 138
I I I I i I I I I 1 I I I I I I I 5. 6. to be filed and this schedule must be updated annually, on the anniversary of its approval, until the development is completed and accepted. 1.
Site plan shall be drawn at a scale no smaller than one ( 1 1 1 ) inch to one hundred (100') feet. m. Eighteen (18) copies of the site plan and supporting data shall be submitted to
the Township for review and comment. The application for tentative approval of a planned residential development shall include a written statement by the landowner setting forth the
reasons why, in his opinion, a planned residential development would be in the public interest and would be consistent with the comprehensive plan for the development of the municipality.
Public Hearings a. Within sixty (60) days after the filing of a complete application for tentative approval of a Planned Residential Development pursuant to this Ordinance, a public
hearing pursuant to public notice on said application shall be held by the Township Supervisors. The chairman, or in his absence, the acting chairman, of the Supervisors may administer
oaths and compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every part of record at a hearing shall have the right to cross-examine
adverse witnesses. The Board may continue the hearing from time to time, and, where applicable, may refer the matter to the Township Planning Commission for a report, provided, however,
that in any event, the public hearing or hearings shall be concluded within sixty (60) days after the date of the first public hearing. b. A verbatim record of the hearing shall be caused
to be made by the Township whenever such records are requested by any party to the proceedings. The cost of making and transcribing such a record shall be borne by the party requesting
it and the expense of copies of such record shall be borne by those who wish to obtain such copies. All exhibits accepted in evidence shall be identified and duly I 'I I 139
I I I preserved or, if not accepted into the record, shall be properly identified and the reason €or the exclusion clearly noted in the record. 7. Findings a. The Township shall, by
official written communication to the landowner, within sixty (60) days following the conclusion of the public hearing; (1) Grant tentative approval of the development plan as submitted,
or (2) Grant tentative approval subject to specified conditions not included in the development plan as I submitted, or ( 3 ) Deny tentative approval to the development plan. b. Failure
to so act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval tshuibrjteyc t (t3o0
)c doanydsi taifotnesr, riesc geriavnintge da, cthoep yl oafn dtohwen eorf mfaiyc,ia wli thin I written communications of the Township, notify such agency of his refusal to accept all
said conditions, in which case, the Township shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify
the Township of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted. The grant or denial of tentative
approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant,
with or without conditions, or for the denial, and said communications shall I development plan would or would not be in the public interest including but not limited to findings of
fact and I conclusions on the following: I I c. . set forth with particularity in what respects the 140
I I I I I 1 I I I I I I I I I I I In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of the Township. The extent
to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the
reasons why such departures are or are not deemed to be in the public interest. The purpose, location and amount of the common open space in the Planned Residential Development, the
reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to
the proposed density and type of residential development. The physical design of the development plan and the manner in which said design does or does not make adequate provision for
public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation, and visual en j oyment . The relationship, beneficial or adverse,
of the proposed Planned Residential Development to the neighborhood in which it is proposed to be established. In the case of a development plan which proposes development over a period
of years, the sufficiency of the terms and conditions intended to protect the interest of the public and the residents of the Planned Residential Development in the integrity of the
development plan. d. In the event a development plan is granted tentative , approval, with or without conditions, the Township shall set forth in the official written communications
the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years,
the 141
8. period of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of
tentative approval and an application for final approval shall not be less than three ( 3 ) months and, in case of developments over a period of years, the time between applications
for final approval of each part of a plan shall not be less than twelve months. Status of Plan After Tentative Approval The official written communication provided for in Section 1707.4.a.
of this Ordinance shall be certified by the Secretary of the Township and shall be filed in its offices, and a certified copy shall be mailed to the landowner. Where tentative approval
has been granted, the same shall be noted on the zoning map. Tentative approval of a development plan shall not qualify a plat of the Planned Residential Development for recording nor
authorize development or the issuance of any building permits. A development plan which has been given tentative approval with conditions which have been accepted by the landowner (and
provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the
Township pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed or, in the case of development
over a period of years, provided applications are filed, within periods of time specified in the official written communications granting tentative approval. In the event that a development
plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall notify the official review agency in
writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of times or times, as the case may be, the tentative
approval shall be deemed to 142 I 1 I I 1 I I I I I I 1 I I I I 1 I I
I I I I I 1 I I I I I I I I I I I I I be revoked and all that portion of the area that has not been given shall be subject to those local ordinances otherwise applicable thereto as they
may be amended from time to time, and the same shall be noted on the zoning map and in the records of the Township. SECTION 1708 Application for Final Approval 1. An application for
final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the
Township and within the time or times specified by the official written communication granting tentative approval. If the application for final approval is in compliance with the tentatively
approved development plan, a public hearing need not be held. 2. The application for final approval shall be in accordance with the design and improvement requirements for Final Plans
contained in the Township's Subdivision and Land Development Ordinance at a scale not smaller than one inch (1") to fifty feet (50'). In addition, the following information shall be
required. a. b. C. d. Total acreage of development, land uses in each area, total number of dwelling units, number of each type of dwelling unit, average gross residential density, and
gross residential density in each section. Building coverage lines accurately locating all types of dwelling units, and non-residential structures, giving dimensions of the structures,
distances between the structures, distances to street rights-of-way and parking areas, with distances accurate to the nearest foot. Accurate dimension of common open space areas specifically
indicating those areas to be preserved in their natural state and those areas to be developed for active recreation. Where common open space areas are to be developed, the location of
structures in common open space areas shall be illustrated. In the case of a Planned Residential Development proposed to be developed over a period of years, final plan requirements
143
3 . 3 . e. f. ghh I I I will apply only to the section for which final approval is being sought. However, the final plan presented for the section to be developed must be considered
as it relates to information regarding densities and types of dwelling units, location of common open space, sanitary sewer and water distribution systems, and street systems presented
for the entire development in the application for tentative approval. Architectural drawings illustrating exterior designs of each 1 type of typical dwelling unit and non-residential
structures to be constructed. All covenants running with the land governing the reservation and maintenance of dedicated or undedicated open space land. the municipal solicitor as to
their legal sufficiency. These shall bear the certificate of approval of 1 Restrictions of all types which will run with the land and become and become covenants in the deeds of lots
shown on the final plan. Such certificates of approval by authorities as have been required by the Township including certificates approving the water supply system and the sanitary
sewer system. Guarantee of Improvements The guarantee of improvement construction and completion shall be as set forth in the Township Subdivision and Land Development Ordinance. Procedures
After Application for Final Approval a. In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof,
as required by the Ordinance and the official written communication of tentative approval, the Township Supervisors shall, within forty-five (45) days of such filing, grant such development
plan final approval. I I I I I 1 I I I 1 I I 144
I I I b. In the event the development plan as submitted contains variations from the development plan given tentative approval, the Township Supervisors may refuse to grant final approval
and shall, within forty-five (45) days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons
why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may refile his application for final approval without the variations objected
to. I I I I I I I I I I I I I 1 c. File a written request with the Township Supervisors that it hold a public hearing on his application for final approval. If the landowner wishes to
take either such alternate he may do so at any time within which he shall be entitled to apply for final approval, or within thirty ( 3 ) additional days if the time for applying for
final approval shall already have passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail
to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice
within thirty (30) days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this Ordinance for public hearings on applications
for tentative approval. Within thirty ( 3 0 ) days after the conclusion of the hearing, the Township Supervisors shall, by official written communication, either grant final approval
to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the
findings required for an application for tentative approval set forth in this Ordinance. d. A development plan, or any part thereof, which has been given final approval shall be so certified
without delay by thirty ( 3 0 ) days after final approval has been granted in the office of the County Recorder of Deeds before any development shall take place in accordance therewith.
Upon the filing of record of the development plan, the zoning, . the governing body and shall be filed or recorded within 145
and subdivision regulations otherwise included in such plan, shall cease to Pending completion within a period of Planned Residential Development or of applicable to the land I apply
thereto. two (2) years of said that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as
finally approved, shall be made except with the consent of the landowner. I I I I I I e. In the event that a development plan, or section thereof, is given final approval and thereafter
the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Township, in writing; or, in the event the landowner shall fail to
commence and carry out the Planned Residential Development or of that part thereof, within a period of two (2) years after final approval has been granted, no development or further
development shall take place on the property included in the development plan until after the said property is re-subdivided and is reclassified by enactment of an amendment to the Township
Zoning Ordinance in the manner prescribed for such amendments in the Township Zoning Ordinance. 146
1 I I I I I I I I I I I I I I I I I I ARTICLE XVIII (FW) (FF) (FA) Flood Plain District (Overlay) SECTION 1800 General Provisions 1. Purpose The purpose of these provisions is to prevent
the loss of property and life, the creation of health and safety hazards, and disruption of commerce and government services, the extraordinary and and a. b. C. d. -unnecessary expenditure
of public funds for flood protection relief, and the impairment of the tax base by: regulating uses, activities, and development which, acting along or in combination with other existing
or future uses, activities, and development, will cause unacceptable increase in flood heights, velocities and frequencies, restricting or prohibiting certain uses, activities, and development
from locating within areas subject to flooding, requiring all those uses, activities, and development that do occur in flood-prone areas to be protected and/or flood proofed against
flooding and flood damage, protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. 2. Definitions Words and phrases
used in this Article are defined in the glossary contained in Article I of this Ordinance. 3 . District Applicability The Flood Hazard District shall be deemed an overlay on any Zoning
District now or hereafter, applicable to any lot. the Flood Hazard District be declared inapplicable to any lot by action of the Township or any court of competent jurisdiction, the
zoning of such lot shall be deemed to be the District in which it is located without consideration of this Article. It Should 147
4 . 5. 6. shall be unlawful for any construction, subdivision or development to be undertaken unless all appropriate permits and approvals have been obtained from the Washington Township
Board of Supervisors or its designated agent. Abrogation and Greater Restrictions This Article supersedes any other conflicting provisions which may be in effect in identified flood
plain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. District Boundary Changes The delineation
of any of the Flood plain Districts may be revised by the Township where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army
Corps of Engineers, a River Basin Commission, or other qualified agency or individual documents the need or possibility for such change. However, prior to any such change, approval must
be obtained from the Federal Insurance Administration (FIA) . District Provisions All uses, uses, activities, and development occurring within any flood plain district shall be undertaken,
only in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances such as the Township Building Code, and Township Subdivision and Land
Development Ordinance. I I I 1 I I I I I I I I I 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 stream. I 148
‘I 1 1 I I I I I I I I I I I m 7 . 8. SECTION 1. Prior to any proposed alteration or relocation of any stream, watercourse, etc. within the municipality, a permit shall be obtained from
the Department of Environmental Resources, Bureau of Dams and Waterways Management. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies
of such notifications shall be forwarded to both the Federal Insurance Administration and the department of Community Affairs. Municipal Liability The granting of a building permit or
approval of a subdivision or land development plan in any flood hazard district shall not constitute a representation, guarantee or warranty of any kind by the Township, or by any official
or employee thereof, of the practicability or safety of any structure, use, or other proposed plan and shall create no liability on, or cause of action against, such public body, official
or employee for any damage that may result pursuant thereto. Severability If any section, subsection, paragraph, sentence, clause or phrase of this Article and other Articles of this
Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Article, which shall remain in full force and effect, and
for this purpose the provisions of this Article are hereby declared to be severable. 1801 Establishment of Flood Plain Districts Basis of Districts For the purpose of this Ordinance,
the various flood plain districts shall include those areas identified as being subject to the one-hundred (100) year flood in the Flood Insurance Study (FIS) prepared for the Township
by the Federal Insurance Administration and dated June 17, 1991. along with detailed mapping is available for review at the Washington Township Municipal Building. A copy of said study
I ~I 149
I I I I~ I a. The Floodway District (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 elevations of that flood more than one (1) foot at any point. The areas included in the District are specifically
defined in the Floodway Data Table contained in the above referenced FIS and shown on the Flood Boundary and Floodway Map on file at the Washington Township Municipal Building. The term
shall also include floodway areas which have been identified in other available studies or sources of information for those flood plain areas where no floodway has been identified in
the Flood Insurance Study. b. The Flood-Fringe District (FF) shall be that area of the one hundred (100) year flood plain not included in the Floodway 1 District (FW). This basis for
the outermost boundary of this District shall be the one hundred (100) year flood elevations contained in the flood profiles of the above referenced FIS and as shown on the Flood Boundary
and Floodway Maps, on file at the Washington Township Municipal Building. I I I I c. The General Flood plain Area (FA) shall be that the floodplain area for which no detailed flood profiles
or elevations are provided. Such areas are shown on the maps accompanying the Flood Insurance Study prepared by the FEMA. In helping to make this necessary elevation determination, as
well as to determine the floodway areas, other sources of data, where available, shall be used such as: I 3 . U.S.D.A. Soil Conservation Service -County Soil 1 4. Pennsylvania Department
of Environmental Resources -I 1. Corps of Engineers -Flood plain Information Reports. 2. U.S. Geological Survey -Flood-prone Quadrangles. Surveys (alluvial soils) or P.L. 566 Flood Information.
Flood Control Investigations. I 150
I 5. Known Highwater marks from past floods. I I I I I I 6. Other sources In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic
and hydraulic engineering techniques. Hydrologic and hydraulic analysis 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, analysis, computations, etc. shall be submitted in sufficient detail to allow a thorough
technical review by the Township. 2. Appeals from Decisions of Zoning Officer In addition to the procedures for appeals as contained elsewhere in this Ordinance, in any appeal pertaining
to the boundaries of the Flood Hazard District resulting from claims that the District has become incorrect because of changes either natural or manmaade the burden of proof shall be
on the appellant. Such proof shall be based on a detailed report using either the Log Pearson I11 Method, the Twenty-Four Evaluation Hydrograph, or the other
commonly accepted methods of determining runoff. I SECTION 1802 Uses All uses, activities, and development occurring within any flood plain district shall be undertaken, only in strict
compliance with the provisions of this Ordinance and with all other applicable codes and ordinances such as the Township Building Code, and Subdivision and Land Development Ordinance.
I I 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, watercourse, etc. within the municipality, a permit shall be obtained from the Department of Environmental
Resources, Bureau of Dams and Waterways Management. Further, notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community Affairs. I
I I 151
1. Floodway District (FW) In the Floodway District (FW) any new construction and/or development that would cause any increase in flood heights shall be prohibited. a. Permitted Uses
In the Floodway District (FW) the following open space uses are permitted provided 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: (1) Agricultural uses such as general farming, pasture grazing, outdoor
plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Public and private recreational uses and activities such as parks, day camps, picnic
grounds, golf courses, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges,
and hunting and fishing areas. (3) Accessory residential uses such as yard areas, gardens, play areas, and previous parking areas. b. Conditional Uses The following uses are permitted
conditionally to the extent that they are not prohibited by any other section of the Ordinance or by any other ordinance and provided they meet the requirements of Section 1803 of this
Article. (I) Sewage treatment plants. (2) Sewage pumping stations. ( 3 ) Sanitary sewers. (4) Storm sewers. 152 I I I I I I I I I I I I I I I I I I I
I I I I I I I 1 I I I I I I I I I I I c. Prohibited Uses The following uses are specifically prohibited within the Floodway Zone (FW) . Structures, (including but not limited to public
and private hospitals, sanitariums, nursing or convalescent homes and jails or prisons). Sanitary landfills and dumps. Stockyards. Junkyards. Quarries and rock crushing operations. Asphalt,
limestone and cement plants. Mobile homes and mobile home parks or subdivisions. Fringe Zone (FF) and General Flood plain Zone (FA) a. Permitted Uses All uses are permitted which are
permitted in the District in which the lot is located without consideration of this Article, subject, however, to the provisions of Section 1803 of this Article. b. Prohibited Uses (1)
Mobile homes and mobile home parks and subdivisions. (2) Public or private hospitals, sanitariums and nursing or convalescent homes. (3) Jails or prisons. 153
SECTION 1803 Technical Requirements for Flood Hazard District 1. General a. b. C. d. In the identified flood plain area, the development and/or use of any land shall be permitted provided
that the development and/or use comply with the restrictions and requirements of this and all other applicable codes and ordinances in force in the Township. Within any identified flood
plain area, the elevation lowest floor (including a basement) of any new or substantially improved residential structure shall be and one-half (1%) feet or more above the one hundred
year flood elevation. I I I I I of the one I 100) Within any identified flood plain area, the elevation lowest floor (including a basement) of any new or of the substantially improved
non-residential structure shall be I one and one-half (1%) feet or more above the one hundred I I I I I I 1 I (100) year flood elevation or be flooded proofed in a watertight manner
so that the structure shall remain either completely or essentially dry up to that height. Any structure or part thereof, which will not be completely or adequately elevated, shall be
flood proofed in accordance with the provisions of this Article. may be obtained from the publication entitled IIFlood-Proofing Regulations1') (U.S. Army Corps of Engineers, June 1972).
All plans and specifications for such flood proofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design
and methods of construction are in conformance with the above referenced standards. Within the Floodway Zone (FW), no new construction, substantial improvements, or other development
(including fill) shall be permitted unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood. Additional information 1 154
I I I I I I I I 1 I I 1 I I l e. Enclosures below the lowest floor (including basement) are prohibited. 2. Design and Construction Standards The following minimum standards shall apply
for all construction and development proposed to be undertaken within any identified flood plain district: a. b. C. Fill If fill is used, it shall: Extend laterally at least fifteen
feet (15') beyond the building line from all points. Consist of soil or small rock materials only. Sanitary Landfills shall not be permitted. Be compacted to provide the necessary permeability
and resistence to erosion, scouring, or settling. Be no steeper than one (1) vertical or two (2) horizontal, unless substantiated data, justifying steeper slopes are submitted to, and
approved by the Township Supervisors. Be used to the extent to which it does not adversely affect adjacent properties. Drainage Storm drainage facilities shall be designed to convey
the flow of storm water runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall
also be designed to prevent the discharge of excess runoff onto adjacent properties. Water and Sanitary Sewer Facilities and Systems (1) All new or replacement water and sanitary sewer
facilities and systems shall be located, designed and 155
d. e. f. gconsttructe to minimize or eliminate flood damages and the infiltration of flood waters. I I I (2) Sanitary sewer facilities and system shall be designed to prevent the discharge
of untreated sewage into flood waters. ( 3 ) No part of any on-site sewage system shall be located I within any identified flood plain district except in strict compliance with all State
and Local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood. Other Utilities
All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
Streets I The finished elevation of all new streets shall be no more I than one (1) foot below the Regulatory Flood Elevation. Storage I I All materials that are buoyant, flammable,
explosive or, in time of flooding, could be injurious to human, animal, or plant life, and not listed in Section 1803.3, Development Which May Endanger Human Life, shall be stored at
or above the Regulatory Flood Elevation and/or flood-proofed to the maximum extent possible. Placement of Buildings and Structures 1 I All buildings and structures shall be designed,
located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water. 156
h. Anchoring (1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement. (2) All air
ducts, large pipes, storage tanks, and other similar objects or components located below the Regulatory Flood Elevation shall be securely anchored or affixed to prevent flotation. i.
Floors, Walls and Ceilings Wood flooring used at or below the Regulatory Flood Elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring
grain without causing structural damage to the building. Plywood used at or below the Regulatory Flood Elevation shall be of a llmarinelolr llwater-resistantvialr iety. Walls and ceilings
at or below the Regulatory Flood Elevation shall be designed and constructed of materials that are water resistant and will withstand inundation. Windows, doors, and other components
at or below the Regulatory Flood Elevation shall be made of metal or other water-resistant material. j . Paints and Adhesives (1) Paints or other finishes used at or below the Regulatory
Flood Elevation shall be of a lfmarinell water-resistant quality. ( 2 ) Adhesives used at or below the Regulatory Flood Elevation shall be of a iimarinelorl water-resistant quality .
157
k. 1. m. I I I ( 3 ) All wooden components (doors, trim, cabinets, etc.) shall be finished with a I1marine1l or water resistant paint or other finishing material. Electrical Components
(1) Electrical distribution panels shall be at least three (3) feet above the one-hundred (100) year flood elevation. (2) Separate electrical circuits shall serve lower levels and shall
be dropped from above. Equipment Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical, or utility equipment or apparatus shall not be located
below the Regulatory Flood Elevation. Fuel Supply Systems All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges
from the system into the flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs. 3 . Development Which
May Endanger Human Life a. Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which
will be used for any activity requiring the maintenance of a supply (more than 100 pounds or 12 gallons or other comparable amount and any amount of radioactive substances and a maximum
of 550 gallons of petroleum products) of any of the following , dangerous materials or substances on the premises, shall be prohibited: I I I I I I I I I I I I I I I 158
I I I I I I I I I 1 I I I I I I 1. 2. 3 . 4 . 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Acetone Ammonia Benzene Calcium carbide Carbon disulfide Celluloid Chlorine Hydrochloric
acid Hydrocyanic acid Magnesium Nitric acid and Oxides of Nitrogen Petroleum products (gasoline, fuel o i l , etc. ) Phosphorus Potassium Sodium Sulphur and sulphur products Pesticides
(including insecticides, fungicides and rodenticides) . Radioactive substances, insofar as much substances are not otherwise regulated. 4. Special Requirements for Mobile Homes 1. Where
permitted within any identified flood plain area, all manufactured homes and additions thereto shall be: 159
Placed on a permanent foundation. Elevated so that the lowest floor of the manufactured home will be one and one half feet (1%') or more above the elevation of the one hundred (100)
year flood. I Anchored to resist flotation, collapse or lateral movement. Frame ties shall be provided at each corner of the manufactured home, with five additional ties per side at
intermediate locations for units fifty feet or more in length, and four additional ties per side for units 1 less than fifty feet in length. Adequate surface drainage is provided. 1
1 I I Adequate access for a hauler is provided. Where pilings are used for elevation, and lots shall be large enough to permit steps; piling foundations shall be placed in stable soil
no more than ten feet apart; reinforcement shall be provided for pilings that will extend for six feet or more above the ground level. I I 2. Elevated in accordance with the following
requirements: (a) The stands shall be elevated on compacted fill, or on pilings so that the lowest floor of the mobile home will be one and one-half feet (1%') or more above the elevation
of the one hundred (100) year flood. I (b) Adequate surf ace drainage is provided. I 1 I (c) Adequate access for a hauler is provided. (d) Where pilings are used for elevation, and lots
shall be large enough to permit steps; piling foundations shall be placed in stable no more than ten feet apart; reinforcement shall be provided for pilings that will extend for six
feet or more above the ground level. 160
II I 1 I I 1 I I I I I I I 5. Existing Structures in identified Flood Plain Districts: Any structures existing prior to the enactment of this Article as amended in this Ordinance may
continue to remain, provided that: a. Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of fifty percent or more
of its market value at the time of such modification, alteration, reconstruction or improvement, shall constitute a substantial improvement and shall be undertaken only in full compliance
with the provisions of this Ordinance. In determining the percentage of improvement, the value of any and all prior modifications, alterations, reconstructions, or improvements shall
be added to the value of any future modifications, alterations, reconstructions, or improvements. b. Any modification, alteration, reconstruction, or improvement of any kind to an existing
structure, to an extent or amount of less than fifty percent of its market value, shall be elevated and/or flood proofed to the greatest extent possible. improvement shall be as set
forth in Paragraph 5.a above. The method of determining the percentage of c. No expansion or enlargement of an existing structure or use shall be allowed in the Floodway if it would
cause any increase in the 100 year flood elevation. 6. Variances If compliance with any of the requirements of this Section would result in exceptional hardship to a prospective builder,
developer or property owner, the Township may upon request to the Zoning Hearing Board, grant relief from the strict application of the requirements of this Section. Request for variance
shall be made according to this Ordinance and the following procedures: I I 1 161
a. b. C. d. e. 9-No variance shall be granted with respect to Development Which May Endanger Human Life (Section 1803.3) or with respect to the following uses prohibited in the Floodway
(FW) , Floodway Fringe (FF) and General Flood plain (FA) Zones: mobile homes and mobile home parks or subdivisions; public or private hospitals, sanitariums and nursing or convalescent
homes; and jails or prisons. No variance shall be granted for any development within any FW Floodway Zone which would cause any increase in the 100 year flood elevation. If granted,
a variance shall involve only the least modification necessary to provide relief. In granting any variance, the Township shall 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. Whenever a variance is granted, the Township shall notify
the applicant, in writing, that: (1) That there is good and sufficient cause. (2) That failure to grant the variance would result in exceptional hardship to the applicant. ( 3 ) That
the granting of the variance will (i) neither result in an unacceptable or prohibited increase of flood heights, additional threats to public safety, or extraordinary public expense,
(ii) nor increase nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations. A complete record of all variance
requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal
Insurance Administ rat ion. 162 I I I 1 1 I I I I I I I I I 1 I I I I I
I I I I I I I I I I I 1 I I I I I I Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one hundred
year flood. SECTION 1804 Application Procedures and Requirements In addition to the information and documentation ordinarily required for Building Permits, applicants shall also include
the following specific information along with any application for construction or development within any flood plain district: 1. If any proposed construction or development is located
entirely or partially within any identified flood plain district, applicants for Building permits shall provide all the necessary information in sufficient detail and clarity to enable
the Zoning Officer to determine that: a. all such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes
and ordinances; b. all utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and c. adequate drainage
is provided so as to reduce exposure to flood hazards. 2. Applicants shall file the following minimum information plus any other pertinent information as may be required by the Zoning
Officer to make the above determination: a. A completed Building Permit Application Form. b. A plan of the entire site, clearly and legibly drawn at a scale of one inch (1") being equal
to one hundred feet (100') or less, showing the following: (1) North arrow, scale and date; (2) Topographic contour lines, before and after development, at two foot intervals; 163
( 3 ) All property and lot lines including dimensions, and the size of the site expressed in acres or square feet; I il I (4) The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or proposed subdivision and land development; (5) The location of all existing streets, drives and other access ways; and;
I I I I I (6) The location of any existing bodies of water or watercourses, identified flood plain areas, and if available, information pertaining to the floodway, and the flow of water
including direction and velocities. c. Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following: (1) The proposed lowest floor
elevation of any proposed building based upon National Geodetic Vertical Datum of 1929; (2) The elevation of the one hundred (100) year flood; ( 3 ) If available, information concerning
flood depths, pressures, velocities, impact and uplift forces and other factors associated with a one hundred (100) year flood; I (4) Detailed information concerning any proposed flood
I I I I proofing measures. d. The following data and documentation: (1) With respect to construction designed for human occupancy, a document, certified by a registered professional
engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one hundred (100) year flood elevations, pressures, velocities,
impact and uplift forces associated with the one hundred (100) year flood. 164
I I 1 II 1 I I I I 1 I I I I I I I I I Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the
structure and/or the development. (2) Detailed information needed to determine compliance with Section 1803, including: (i) Amount, location and purpose of any materials or substances
referred heretofore which are intended to be used, produced, stored or otherwise maintained on-site. (ii) Description of safeguards incorporated into the design of the proposed structure
to prevent leaks or spills of any polluting substance or material during a 100 year flood. ( 3 ) The appropriate component of the Department of Environmental Protection 'IPlanning Module
for Land Development . (4) Where any excavation or grading is proposed, a plan meeting the requirements of the department of Environmental Protection, to implement and maintain erosion
and sedimentation control. 165
1 I I I I I I I I I I 1 8 I I I 1 I 1 ARTICLE XIX Administration and Enforcement SECTION 1900 Amendments to Zoning Ordinance The Board of Supervisors may amend any of the provisions,
regulations or restrictions included herein by complying with requirements set forth under Article VI of the Act. SECTION 1901 Duties of the Zoning Officer The duties of the Zoning Officer
shall be: 1. 2. 3 . 4. 5 . 6. 7. 8 . To examine all applications for permits and to issue permits only for construction and uses which are in accordance with the regulations of this
ordinance, and other applicable ordinances, as they may be subsequently amended. To record and file a11 applications for permits with the accompanying plans. To issue permits for conditional
and special exception uses only after such uses and buildings are approved, as set forth in this ordinance and in accordance w i t h its regulations. To receive a l l required fees and
issue all necessary permits. To inspect nonconforming uses, buildings, lots and signs, issue issue certificates to their owners, keep a file record of such nonconforming uses, lots,
signs and buildings as a public record. Upon the request of the Planning Commission or of the Zoning Hearing Board, to present such facts, records and similar information on specific
requests to assist such body in reaching its decision. To be responsible for keeping up-to-date the Zoning Ordinance and accompanying zoning map. To submit, at least annually, to the
Board of Supervisors, a written report of the previous year's zoning related activities. 166
9. TO exercise all powers conferred upon the Zoning Officer by state 8 law. I I 1 I I SECTION 1902 Administration The duties of administering and enforcing the provisions of this ordinance
is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred on him by this ordinance and by state law in accordance with literal terms. The Zoning Officer
shall not have the power to permit any construction or any use or change of use which does not conform to this ordinance. Permits for construction or development and uses which are a
special exception or a variance to requirements of this ordinance shall be issued only upon written order of the Zoning Hearing Board. Only the Board of Supervisors may, after recommendation
by the Planning Commission, allow or deny conditional uses pursuant to all applicable provisions, standards and criteria set forth in this ordinance. SECTION 1903 Building Permits I
I 1. Building Permit Required A building permit must be obtained from the Township before any any construction or development is undertaken within any district. No building permit shall
be issued unless the proposed construction or use is in full compliance with the provisions of this Ordinance. of the provisions of this Ordinance, the approved subdivision or land development
plan and requirements, and any other Township ordinance or State law that may apply. Any building permit issued 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 or nullification thereof, and any work No building permit shall be issued in violation I I undertaken or use
established pursuant to such permit shall be unlawful. 2. Application Procedures and Requirements a. Application for building permits shall be made, in writing, to the Zoning Officer
on forms supplied by the Township. Such application shall contain the following information: (1) Name and address of applicant. 167 I I I I I I
I 'I 1 Name and address of owner of land on which proposed construction is to occur. Name and address of contractor. Site location. Brief description of proposed work and estimated cost.
Listing of other permits required. A site plan in accordance with Subsection 2b below. If any proposed construction or development is located entirely or partially within any identified
floodplain area, the information required by Section 1804. A statement substantially stating the applicant understands that the Township may, for good cause shown and in its sole discretion,
require the applicant to identify property corners and to promptly provide additional information including a current property line and building line survey at the applicant's expense;
and may further require the applicant to cease work under the permit unless and until the required information is provided to the Township. b. Site Plan, including a plan of the property
drawn to scale, showing any existing buildings or structures, as well as the size and location of the proposed construction in relation to existing lot lines, setback or building lines,
soil and erosion control measures, and storm water management shall accompany the application as follows: (1) Alterations of or additions to existing single family residential structures
-sketch plan. ( 2 ) New construction of single family residential structures -complete building plans, drawn to scale, showing the exact size and shape of the proposed building including
rooms, basement, and elevation views and including a storm water management plan when required. 168
( 3 ) Alterations of or additions to existing multi-family residential structures and new construction of multifammil residential structures -complete building plans (with Department
of Labor and Industry approval, if required, affixed thereto), drawn to scale, showing the exact size and shape of the proposed building, including elevation views; and including off-street
parking plans and storm water management plans. I I I 1 (4) Alterations of or additions to existing commercial or 1 industrial structures and new construction of commercial or industrial
structures -complete building plans (with Department of Labor and Industry approved affixed thereto), drawn to scale, showing the exact size and shape of the proposed building, including
elevation views; and including off-street parking plans and storm water management plans. SECTION 1904 Action of Building Permits 1. The building permit shall be issued by the Zoning
Officer within thirty (30) days after receipt of an application of such permit. If the application conforms to the application requirements, the Zoning Officer shall issue a permit;
if the application does not conform, notice thereof together with a statement of reasons, shall be given, in writing to the applicant. I I I I I I 2. Prior to the issuance of any building
permit, the Zoning Officer shall review the application to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required
by the Pennsylvania Sewage Facilities Act (Act 1966 -537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); the Pennsylvania Fire and Panic Act (Act 1927-299, as amended); and the Pennsylvania State Highway Act (Act 1945-428, as amended). No permit shall be issued
until this determination has been made. 3 . All building permits shall be based on the value of the completed project, not the cost. The Zoning Officer shall utilize the current edition
of the Marshall & Swift Residential or Commercial Cost Handbook to determine the value of the project. 169
4. 5. 6 . 7. SECTION No encroachment, alteration, or improvement of any kind shall be made to any watercourse until a l l 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 Protection, Bureau of Dams and Waterways
Management. Prior to the start of construction, the holder of the building permit shall conspicuously post the permit on the affected tract of land so that it is visible from a public
road. The permit shall remain so conspicuously posted until construction is completed. At any time either before or after the beginning
of construction, the Township may, for good cause shown and in its sole discretion, require the applicant to identify property corners and to promptly provide additional information,
including a current property line and building line survey at the applicant's expense; and may further require the applicant to cease work under the permit until the required information
is provided to the Township. After the foundation of a new building or of any addition to an existing building is laid off, but before construction begins, the Zoning Officer shall inspect
the site in order to approve the building's location; provided that the Zoning Officer shall be given at least 48 hours advance notice of the need for such inspection. 1905 Expiration
of Building Permits Each building permit shall expire if the work authorized has not commenced within six (6) months after date of issuance, or has not been completed within twenty-four
(24) months from the date of issuance for construction costing less than $1,000,000; and has not been completed within thirty-six ( 3 6 ) months from issuance of permit for construction
costing in excess of $~,OOO,OOO. If no amendments or other codes or regulations affecting subject Officer may authorize, in writing, the extension of the permit for an additional six
(6) months, following which no further work is to be undertaken without a new building permit. , property or activity have been enacted in the interim, the Zoning 170
SECTION 1906 Use Certificates A use certificate certifying compliance with this ordinance must be obtained from the Zoning Officer for any new structure as set forth below, for any changes
in a structure, for any change of use in an existing structure or use of land as set forth below before such new structures or use or change of use is occupied or established. 1. 2.
3 . 4 . 5. 6. 7. SECTION Commercial use of a structure erected, structurally altered or erected, or extended or moved after the effective date of this ordinance. Use of vacant land except
for agricultural purposes. Any change in conforming use, structure, or land. Any change in a nonconforming use of land to a conforming use, or change in a nonconforming use to a lesser
nonconforming use. Any change in the use of a structure or land from that permitted by any variance of the Zoning Hearing Board. Any relocation of a mobile home into or within Washington
Township. The application for a use certificate must include a statement of the intended use and any existing use of the structure or land. The certificate continues in effect as long
as the use of the structure or land for which it is granted conforms with this Ordinance. 1907 Action on Use Certificates Within thirty (30) working days after receipt of an application
for a use certificate, the Zoning Officer shall grant or refuse the certificate. If the specifications and intended use conform in all respects with the provisions of this Ordinance,
he must issue a certificate to that effect. Otherwise, he must state, in writing, the grounds for his refusal. 171
SECTION 1908 Forms The Zoning Officer shall provide a form or forms to be completed by the applicant for the following: 1. 2. 3 . 4 . 5. 6. 7. 8 . SECTION 1. 2. Building permits. Use
certificates. Special exceptions. Appeals. Variances. Registration of nonconforming uses, lots and structures. Conditional Uses. Enforcement Notice. 1909 Enforcement Notice Violations
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and bases thereof, shall
be filed with the Zoning Officer. If it appears to the Township that a violation of this Ordinance has occurred or is occurring, the Township shall initiate enforcement proceedings by
sending an enforcement notice (Cease and Desist Order), as provided in this section. Enforcement Notice (Cease and Desist Order) a. The enforcement notice (Cease and Desist Orderlshall
be sent . to the owner of record of the parcel on which the violation has occurred, to any person who has failed a written request to receive enforcement notices regarding that parcel
and to any other person requested in writing by the owner of record. 172
b. An enforcement notice shall state at least the following: (4) (5) 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 this Ordinance.
The day before which the steps for compliance must be commenced and the date before which the steps must be completed. 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 the procedures set forth in this Ordinance. That failure to comply with the notice within the time specified,
unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described. 3. 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, the Township, or, with the approval of the
Board of Supervisors, an 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 to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping of land, or to prevent, in
or about such premises, any act, conduct, business or use constituting a violation. When any,such action is instituted by a landowner or tenant, notice of that action shall be served
upon the Township at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors of the Township. NO such action may be
taken until such notice has been given. 173
1 I I I I 1 I 1 I I 1 I I I 1 I 1 I I 4. Jurisdiction District Justices shall have initial jurisdiction over proceedings brought under Section 1909.5 5. Enforcement Remedies a. 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 therefore in a civil enforcement proceeding
commenced by the Township, pay a judgement of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgement shall
commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. the defendant neither pays nor timely appeals the judgements, the
Township may enforce the judgement pursuant to the applicable Rules of Civil Procedure. 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 basis for the person, partnership, or corporation violating this Ordinance to believe that there
was such a 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 judgements, costs and reasonable attorney fees collected for the violation of this
Ordinance shall be paid to the Township. If Each day that a b. 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 judgement. c. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the . Township
the right to commence any action for enforcement pursuant to this section. 174
1 SECTION 1910 Appeals Any person aggrieved or affected by the provisions of this Ordinance or decisions of the Zoning Officer may appeal in the manner set forth in Article IX and X
of the Pennsylvania Municipalities Planning Code, as amended, as well as Article XIX of this Ordinance. I SECTION 1911 Compliance Nothing in this Ordinance shall relieve the Owner or
his agent, the developer, or the applicant for either a Conditional Use Permit or a Site Development Plan approval from receiving a Subdivision Plan Approval in accordance with the Township
Subdivision Ordinance, if any. SECTION 1912 Conditional Uses 1. Objectives On application, and after a public hearing and recommendations by the Commission, the Supervisors may authorize
the issuance of building permits for any of the Conditional Uses for which this Ordinance required, in the District in which such use is proposed to be located. In approving any such
use, the Supervisors shall take into consideration the public health, safety, and welfare, the comfort and convenience of the public in general and of the residents of the immediate
neighborhood in particular, and may prescribe 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 following objectives in particular. a. That all proposed structures, equipment, or material shall be readily accessible
for fire, rescue and police protection. b. That the proposed use shall be of such location, size and 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. . character that, in general,
it will be in harmony with the 175
8 I I 1 I I I I I 1 I I I I 1 1 I I 1 c. That, in addition to the above, in the case of any use located in, or directly adjacent to, a Residential District: 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 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. 2. Application Each application for
a Conditional 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. 3 . Public Hearing The Township Planning Commission shall not recommend any application for a Conditional Use approval without first
holding a public hearing, public notice which must be given in accordance with this Ordinance, and notice of said hearing may be posted by first class mail, at least five (5) days before
the hearing, the following: owned by the applicant in the immediate area; all other owners as the Commission may deem advisable. All owners of property which lies adjacent to that a.
The names of said owners shall be taken as they appear on the last completed tax roll of the Township. 176
4. 5. 6 . SECTION 1. b. Provided that due notice shall have been published as above and that there shall have been substantial compliance with the remaining provisions of the paragraph,
the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Commission in connection with the approval of any conditional use. 1 Commission
Action The Commission shall, within thirty-five (35) days of the date of 1 the public hearing on the application for conditional use approval, take final action to recommend to the Supervisors
approval, disapproval, or modification for said Conditional Use and shall so notify the applicant in writing, Conditions and Safeguards The Supervisors may require the Conditional Use
permits be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Supervisors to the effect
that such conditions as may have been prescribed by the Supervisors in conjunction with the issuance of the original permit have not been, or are being no longer complied with. In such
cases, a I I I I period of sixty (60) days shall be granted the applicant for full I compliance prior to the revocation of said permit. Effect of Conditional Use Approval Any use for
which a Conditional 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. I I 1913 Powers and Duties of the Planning Commission I The Planning Commission shall, at the request of
the Board of Supervisors, have the power and shall be required to: 177
I I I I I I I I I I I a. Prepare the Comprehensive Plan for the development of the Township as set forth in the Pennsylvania Municipalities Planning Code (Act 247 of 1968 as amended),
and presented to the Board of Supervisors for its consideration. b. Maintain and keep on file records of its actions, which shall be in the possession of the Board of Supervisors Secretary
or designated representative employee. 2. The Planning Commission, at the request of the Board of Supervisors, may: a. b. C. d. e. f. ghh i. Make recommendations to the governing body
concerning the adoption or amendment of any official map; Prepare and present to the governing body of the municipality a Zoning Ordinance, and make recommendations to the governing
body on proposed amendments to it; Prepare, recommend, and administer subdivision and land development, planned residential development regulations; Prepare and present to the governing
body of the municipality a building code and a housing code and make recommendations concerning proposed amendments thereto; Do such other acts or make such studies as may be necessary
to fulfill the duties and obligations imposed by this Ordinance and enabling legislation; Prepare and present to the Board of Supervisors an environmental study; Subject to the governing
body of the municipality a recommended capital improvements program; Promote public interest in, and understanding of, the comprehensive plan and planning; Make recommendations to governmental,
civic, and private agencies and individuals as to the effectiveness of the proposals of such agencies and individuals; 178
j . k. 1. m. n. 3 . In Hold public hearings and meeting; Require from other departments and agencies of the municipality such available information as relates to the work of the Planning
Commission; In the performance of its functions, enter upon any land to make examinations and land surveys with the consent of the Owner; and Prepare and present to the governing body
of the municipality a study regarding the feasibility and practicability of using renewable energy sources in specific areas within the municipality. Review the zoning ordinance, subdivision
and land development ordinance, official map, provisions for planned residential development of land no less frequently than it reviews the comprehensive plan. the performance of its
powers and duties, any action or recommendation of the Planning Commission which involves engineering consideration, shall be subject. to review and comments of the Township Engineer,
which shall be incorporated and separately set forth in any report, correspondence or recommendation of the Planning Commission as per Public Law 333, Number 93 of 1972. 179 I 1 I I
I I I I I I I I I I I I I I I
I I I I I I 1 I I I 1 I I I I I I ARTICLE XX Zoning Hearing Board SECTION 2000 Creation and Appointment Pursuant to Article IX of the Pennsylvania Municipalities Planning Code, the Township
Supervisors do hereby create a Zoning Hearing Board and appoint three members who shall be residents of the Township. Their terms of office shall be three years and shall be so fixed
that the term of office of one member shall expire each year. SECTION 2001 Organization of Zoning Hearing Board The Zoning Hearing Board shall elect from its own membership its officers
who shall serve annual terms as such and 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 Zoning Hearing Board but where two members are disqualified to act in a particular matter, the remaining member may act for the Zoning Hearing Board. The Zoning hearing Board
may make, alter, and rescind rules and forms for its business and shall submit a report of its activities as requested by the Board of Supervisors. The Board of Supervisors may appoint
alternate members to the Zoning Hearing Board as per Section 903 (b) of the Pennsylvania Municipalities Planning Code in the event of the disqualification of two (2) or more members
of the Board for any single case. SECTION 2002 Hearings The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the following requirements: 1 II 180
1. Notice Notice shall be given to the public, the applicant, the Zoning Officer, and to any person who has made timely request for same. Notice shall be given at such time and in such
manner as shall be prescribed by the Zoning Hearing Board and shall consist of public notice in a local newspaper of general circulation in accordance with this ordinance, and a posting
of the affected property with a conspicuously posted sign indicating the date, time and place of the hearing, as well as a brief description of the purpose for the hearing. I I I 2.
Conduct of Hearing I I The hearing shall be conducted by the Zoning Hearing Board. The decision, or where no decision is called for, the findings shall be or or a. b. C. d. made by the
Zoning Board, but the parties may waive decision findings by the Zoning hearing Board and accept the decision findings of the hearing officer as final. I I 1 I The parties to the hearing
shall be the 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 by the Zoning Hearing 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 Zoning Hearing Board for that purpose. The chairman or acting chairman of the Zoning Hearing Board shall have the power to administer oaths and issue
subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties. 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 all relevant issues.
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. I I I I I 181
I 'I I I I I I I I I I I I I I I I I e. The Zoning Hearing Board shall keep a record of the proceedings, either stenographically or by sound recording, and a transcript of the proceedings
and copies of graphic or written material received in evidence shall be made available to any party at cost. 3 . Decision The Zoning Hearing Board 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 conclusion based thereon together with the reasons therefore. Conclusions based on any
provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provisions 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 Hearing Board shall make his
report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the Zoning Hearing Board prior to final decision or entry
of findings, the Boards's decision shall be entered no later than thirty (30) days after the decision of the hearing officer. Where the Zoning Hearing Board has power to render a decision
and the Zoning Hearing Board or the hearing officer, as the case may be, fails to render the same within the period required by this clause, the decision shall be deemed to have been
rendered in favor of the applicant. Unless the applicant has agreed in writing to an extension of time, nothing in this clause shall prejudice the right of any party opposing the application
or urge that such decision is erroneous. 182
a. 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
the date of the final decision or of the findings. To all other persons who have filed their name and address with the Zoning Hearing Board not later than the last day of the hearing,
the Zoning Hearing 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.
I I I I 8 I I The Zoning Hearing Board shall hear challenges to the validity of I I I I SECTION 2003 Zoning Hearing Board's Functions 1. Appeals from the Zoning Officer The Zoning Hearing
Board shall hear and decide where it is alleged by the appellant that the zoning officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision
of this ordinance or any valid rule or regulation governing the action of the Zoning Officer. Nothing contained herein shall be construed to deny to the appellant the right to proceed
directly in court, where appropriate, pursuant to Pennsylvania R . C . P . , Section 1091 to 1098 relating to mandamus. 2. Challenge to the Validity of This Ordinance or Map this ordinance
or map, pursuant to the provisions of the Pennsylvania Municipalities Code (Act 247 of 1968) as amended. In all such challenges, the Zoning Hearing Board shall take evidence and make
a record thereon as provided in Section 2002 (2)(e) of this ordinance. At the conclusion of the hearing, the Board shall decide all contested questions of interpretation and shall make
findings on all relevant issues of fact which shall become part of the record on appeal to the court. I 3. 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 Zoning Hearing Board may grant a variance provided the following findings
are made where where relevant in a given case: 183
I I I I I I I I I I I I I I I I a. b. C. d. e. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to the particular property, that the unnecessary hardship is due to such conditions generally created by the provisions
of the zoning ordinance in the neighborhood or district in which the property is located. and That because of such physical circumstances or conditions, the property cannot reasonably
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.
That such unnecessary hardship has not been created by the appellant. 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 development of adjacent property, nor be detrimental to the public welfare. 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. 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 this act and the Zoning Ordinance. 4 . Special Exceptions
Where the Township in this Zoning Ordinance has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Zoning Hearing
Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Zoning Hearing Board may attach
such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this Zoning Ordinance. 184
I I All special exception applications shall be accompanied with a Sketch Development Plan to illustrate generally the proposed project and its relation to the standards and criteria
applicable to such exception. 5. Unified Appeals Where the Zoning Hearing Board has jurisdiction over a zoning I matter pursuant to this section, the Zoning Hearing Board shall also
hear all appeals which an applicant may elect to bring before it with respect to any Township Ordinance or requirement pertaining to the same development plan or development. In any
such case, the Zoning Hearing Board shall have no power to pass upon the non-zoning issues, but shall take evidence and make a record thereon as provided in Section 2002. At the conclusion
of the hearing, the Zoning Hearing Board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court. I I I 6. Parties Appellant Before
Zoning Hearing Board Appeals and proceedings to challenge this ordinance under Section I I I SECTION 2004 Time Limitations; Persons Aggrieved I 2003 may be filed with the Zoning Hearing
Board in writing by any officer or agency of the Township, or any person aggrieved. Requests for a variance under Section 2003.3 and for special exception under Section 2003.4 may be
filed with the Zoning Hearing Board by any landowner or any tenant with the permission of such landowner. I The time limitations for raising certain issues and filing certain proceedings
with the Zoning Hearing Board shall be the following: I I I I No person shall be allowed to file any proceeding with the Board later than thirty (30) days after an 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. If such person has succeeded to his after such approval,
he shall be bound by the knowledge of his predecessor in interest. The 185
I I I I I I I I I I I I I I I failure of anyone other than the landowner to appeal from an adverse decision on a tentative or preliminary plan, or from an adverse decision by a zoning
officer on a challenge to the validity of this ordinance or map shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from
the approved, tentative or preliminary approval. All appeals from determinations adverse to the landowner shall be filed by the landowner within thirty (30) days after notice of the
determination is issued. SECTION 2005 Stay of Proceedings Upon filing of any proceedings referred to in Section 2003.6 and during its pendency before the Zoning Hearing Board all land
development pursuant to any challenged ordinance, 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 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. preliminary or final, has been duly approved and proceedings designed to reverse
or limit the approval are final 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. 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. When an application for development, I I I 186
I I I 1 I I I I I I I I I I I I I I I ARTICLE XXI Miscellaneous SECTION 2100 Interpretation, Purpose and Conflict It is intended that in interpreting and applying the provisions of this
ordinance, the provisions shall be deemed to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the Township. It is not intended that
the provisions of this ordinance will interfere with or abrogate or annul other rules, regulations, or ordinances of the Township provided, however, that where this ordinance imposes
a greater restriction upon the use of buildings or premises, or upon the height of a building, or requires larger open spaces than may be imposed by such other rules, regulations, or
ordinances, the provisions of this ordinance shall control. SECTION 2101 Repealer All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Ordinance No. 105,
enacted July 15, 1988 and ordinance #34 enacted December 7, 1970, is repealed in its entirety. SECTION 2102 Severability If any section, subsection, sentence, clause, phrase or portion
of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions hereof. It is hereby declared to be the intent of the Board of Supervisors that this ordinance would have been
adopted had such unconstitutional, illegal, or invalid section, subsection, sentence, clause, phrase or portion not included herein. 187
SECTION 2103 Applicability In any case where a provision of this ordinance is found to be in conflict with the provision of a subdivision, building, or fire, safety or health ordinance
or code of this municipality or law, rule or regulations of the Commonwealth of Pennsylvania, the provision which establishes the higher standard for the promotion and protection of
the health and safety of the people shall prevail. SECTION 2104 Fees The governing body shall, by resolution, establish a schedule of fees and a collection procedure. No action shall
be made on any application until all application fees have been paid in full. The schedule of fees shall be available in the Township Offices and may be adjusted at times by the governing
body in order to reflect changing costs. The schedule of fees shall include but not limited to the following: 1. 2. 3 . 4. 5 . 6. 7. a. Each application for a building permit. Each application
for a use permit. Each application for a conditional use permit. Each application for a public hearing before the Zoning Hearing Board for an appeal, or special exception, or variance.
Each application for a change or amendment to this ordinance or the zoning map. Each certified statement of district boundary, or district classification of any property, and/or compliance
of any part with the provisions of this ordinance. All fees for engineering legal and professional services which may be required in administering this ordinance. Each application for
a Planned Residential District. 188 I I I I I I I I I I I I I I I I I I I
1 1 I I I I I I I I I I I I I I I I I SECTION 2105 Effective Date This ordinance shall be come effective on April 7, 2001 Enacted and ordained this 2nd day of April, 2001, in lawful
session duly assembled. ATTEST : ‘ I \ Karen S. Hargrave, Sedetary TOWNSHIP OF WASHINGTON FRANKLIN COUNTY, PENNSYLVANIA John W. Beck, Chairman Richard D. Eigenbrode, Vice-chairman ,,,$pes
W. Kirby; ‘Sup7 $ visor 189