LEHMAN TOWNSHIP ZONING ORDINANCEelibrary.pacounties.org/Documents/Pike_County/1607...ORDINANCE No. 21 THE RECOMMENDED BASIS FOR A ZONING ORDINANCE FOR THE TOWNSHIP OF LEHMAN I I1 Al,mcml

LEHMAN TOWNSHIP ZONING ORDINANCE

ORDINANCE No. 21

ADOPTED: 7 April 1977 REVISED: 6 September 2000

LEHMAN TOWNSHIP PIKE COUNTY

PENNSYLVANIA

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Subiect Title

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Purpose General Purpose Purposes Community Development Object res

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Defdtions Intent Specific Words and Phrases Defined

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Establishment of Zones Zones Zoning Map Zone Boundaries

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General Regulations - General Modifications 6- 1 Regulations - Applicable to all Zones 6-2 Site Plan Review Process 6-7

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Special Regulations Fences and Walls

Off-street Loading and Unloading Signs Floodplain Regulations

Off-street Parking 'I

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Zoning Challenges 'I 8- 1 General Provisions

Lehman Township Zoning Ordinance

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Zoning Hearing Board Appointment Procedure Powers of the Board of Adjustment Stay of Proceedings Application Procedures Appeals

Special Exception Uses Guiding Principles Hunting CIubs and Camps Fishing Clubs and Camps Commercial Camps Commercial Resorts Garden Apartments Town Houses Mobile Home Parks Cluster Development Nursing Homes Boarding Homes Hospitals Motor Vehicle Service Stations Public Utility Uses Timber Harvesting Quarrying and Material Removal Light Manufacturing Fairs and Carnivals

Administration Enforcement Duties of the Zoning Officer Requirement of Zoning Permits Application for Permits Issuance of Zoning Permits Issuance of Occupancy Certificates and Records Amendment by Board of Supervisors Citizen Protest Against Amendments Remedies Penal ties Validity Repeal of Conflicting Ordinances Continuation Effective Date Amendments


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ORDINANCE No. 21 THE RECOMMENDED BASIS FOR A ZONING ORDINANCE

FOR THE TOWNSHIP OF LEHMAN

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TITLE

SECTION 100 Title. An Ordinance regulating and restricting the height, number of stories, and the size of buildings and other structures, their consduction, alteration, extension, repair, maintenance and all facilities and services in and about such buildings and structures, and the percentage of lot that may be occupied, the size of yards,(courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes, and providing for the appointment of a Zoning Hearing Board and setting forth the duties and functions of said Board and providing for the administration and enforcement of this Ordinance and providing penalties for the violation thereof.

I SECTION101 HmtCMk This Ordinance shall be down and may be cited as the “Township of Lehman Zoning Ordinance”. 1

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A J x a a E x PURPOSE

SECTION 200 General- The intent of this Ordinance is to establish a precise and detailed plan for the use of land in the Township of Lehman based on the Master Plan, as amended, for the Township of Lehman and enacted in order to promote and to protect the public health, safety, morals, comfort, convenience and the general welfare of the people.

SECTION 201 PUQMWL The purposes of this Ordinance are as follows and the same shall be liberally construed to promote and advance said declared purposes:

201.1 To guide and regulate the orderly growth, development, redevelopment of the Township of Lehman in accordance with a comprehensive plan and with long-term objectives, principles, and standards deemed beneficial to the interest and welfare of the people.

201.2 To protect the established character and the social and economic well-being of both private and public property.

201.3 To promote, in the public interest, the utilization of land for the purpose for which it is most appropriate.

201.4 To secure safety from fire, panic and other dangers, and to provide adequate light, air and convenience of access.

201.5 To prevent overcrowding of land or buildings, and to avoid undue concentration of population.

201.6 To lessen and, where possible, to prevent congestion on public streets and highways.

201.7 To conserve the value of the buildings and to enhance the value of land throughout the Township.

201.8 To preserve and enhance the visual character and natural beauty.

SECTION 202 Community D e v v . . The community development objectives of the Township of Lehman are those within the Plan For Future Development, dated March 1968 with subsequent amending revisions.

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AI lnaEm DEFINITIONS

SECTION 300 Intent. For the purposes of this Ordinance, all words used in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the word indicates otherwise. The word "shall" is mandatory and not discretionary. The word "used" includes "designated, intended, or arranged to be used".

I SECTION 301 SDecific W 0 r - d - Certain words and terms in this Ordinance are to be interpreted as defined below:

301.1 Appka& A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.

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Every ap$cation, whether preliminary or 301.2 A&uh&r DevehpuwA . . final, required to be filed and approved prior to start of construction or development including but not limited, to an application for a building permit, for the approvaI of a subdivision plat or plan or for the approval of a development plan.

301.3 Accessory Use or S t m A subordinate use or building, the purpose of which is incidental to that of the main use or building and on the same lot.

301.4 Alterations. As applied to a building or alstructure, 1 means a change or rearrangement in the structural part of or in the existing facilities, or an enlargement whether by extension of a front, rear or side or by increasing in height or in depth or by moving from one location or position to another.

301.5 A structure intended to house not more than two animals, . maintained sol-ment of a family residing on the same lot on which the shelter is

located. '~ I h m L h a . The area in square feet per awe occupied by tree stems 4.5 feet

above the ground, normally measured by a calibrated prism or angle gauge.

301.6 Basement. A portion of a building partly under-ground but which has more than one-half its interior height measured from floor to fiyshed ceiling, above the average finished grade of the ground adjoining the building. I!

Universally accepted activities that have a positive effect or minimize a negative effect on the forest ecosystem. They provide minimum acceptable standards for good forest management. Examples of such practices may be found in ' -3

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the publication entitled, “Best Management Practices for Pennsylvania Forests”, published by Perm State University, College of Agricultural Sciences, dated 1996.

301.7 Block. A block is the length on one side of a street between two street intersections.

301.8 Boarding or A dwelling wherein more than three persons are sheltered or sheltered and fed for profit.

301.8a B p B m A natural or artificial lake, pond, reservoir, swamp or marsh.

301.9 € M k S h p . A strip of land at least ten feet in width which may be a part of the minimum setback distance, fiee of any principal or accessory building or required improvement other than screening.

301.10 Building. Any structure having a roof supported by columns, piers, or walls including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports.

301.11 The vertical dimension measured from the average elevation of the finished grade at the perimeter of the building to the highest point of the roof.

301.12 A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

301.13 Buildin? W u Porches. The walls of a building include the front wall nearest to and facing on the front street line on the lot on which said building has been or is to be erected, and the side and rear walls nearest to and facing on the side and rear lot lines ‘respectively.

301.14 Business. Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term “business” shall include the occupancy or use of a building or premises or any portion thereof for the transaction of business or the rendering or receiving of professional or personal service.

301.15 Cellar. A portion of a building partly or completely underground and having more than one-half its interior height measured from floor to finished ceiling below the average finished grade of the ground adjoining the building.

301.16 A business offering tent, cabin or similar non-permanent


accommodations, eating facilities, sanitary facilities and recreational and/or educational facilities to the public at large or any segment of the public on other than a transient basis.

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301.17 A business combining lodging, eating and recreational

A parcel or parcels of land or an area of water, or a

facilities as a single enterprise and offered to the public on other than a transient basis. 1 1

301.18 combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the planned residential development, not including streets, off-street parking areas, and areas set aside for public facilities.

than prescribed by the Schedule of this Ordinance but conkorming to the requirements of this Ordinance for such developments and not exceeding the &imm density per gross acre permitted by the Schedule of this Ordinance and having all land within the development not plotted as lots reserved as open space for the common use of the residents of such development.

301.19 Clmter Develapment A residential development containing lots of less area

301.20 Court. A court is an unoccupied open sqace other than a yard. An outer court is one which extends to a front, side or rear yard.

1 301.21 Densitv. When referring to residential development - the number of dwelling

units per gross acre of land. When referring to accessory uses - the number of any particular accessory use which may accompany each single-family dwelling unit.

301.22 D m l Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. I

1 301.23 One or more rooms projiding living facilities, including equipment for cooking or provisions for the same for onelfamily or for a group of unrelated persons using such facilities in common.

301.24 A detached building designed for and occupied exclusively by one family.

301.25 Engineer. A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency, or joint planning commission. I)

'1 The erection, construction, alteration or maintenance, by .. 301.26

public utilities, telephone or municipal or other governmental agencies, of underground or overhead gas, electric, steam, water or sewage transmissions or distribution systems, including buildings, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police

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call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities, or municipal or other governmental agencies for the public health or safety or general welfare.

301.26-2 IGruuul Carnivals. Temporary events that promote and foster interest in the agricultural, industrial and cultural activities of the community.

301.27 l h m & ~ An individual or plurality of persons related by blood or marriage or legal adoption occupying a dwelling unit and living as a single, non-profit housekeeping unit.

Felling. The act of cutting a standing tree so that it falls to the ground.

301.28 h e or Wall. A structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.

301.29 A stream and adjacent area on one or both banks owned or leased by a group of persons duly formed as a club, used principally for fishing, open only to members and guests and involving no buildings other than those for the lodging, eating and sanitary facilities for members and guests.

Technlclan. A person who has a two-year degree in forestry from a . . school of forestry associated with or accredited by the Society of American Foresters or who has demonstrated proper experience in forestry to the Board of Supervisors.

EQK&QL Managing and using, for human benefit, forest lands and natural resources that occur on and in association with forest lands, including trees, other plants, animals, soil and water. It includes, but is not limited to, the planting, cultivating, harvesting, transporting, and selling of trees for commercial purposes.

301.30 Garage. Priv&., A building or space accessory to a residence which provides for storage of motor vehicles and in which no occupation, business or service is conducted for profit.

301.31 A building or part thereof, other than a private garage, used for the storage of motor vehicles for profit and may include the indoor sale of fuels or accessories, or keeping of vehicles for hire as a secondary use.

301.32 A residence building or group of one or more residence buildings of not more than 2-1/2 stories in height and two rooms in depth designed and erected as a project with singleness of use and operation and where joint or communal use is to be made of open areas by the occupants, whether it be for recreation, parking of automobiles or other communal purposes.

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The completed surfaces of lawns, walks and roads brought . . 301.33 to grades as shown on official plans.

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301.34 Greenhouse. Priuate. A building accessory to a residence for the purpose of raising plants and flowers principally for the enjoyment of the residents and sold at retail only as a home craft, if at all. I

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301.35 The sum of the gross horizontal areas of every floor of a building, measured from the inside face of exterior walls or from the center line of party or common walls separating two dwelling units, including: (a) basement space; (b) attic space, whether or not a floor has been laid, over which there is structural headroom of seven and one-half feet or more; Q ff oor space used for mechanical equipment, with structure headroom of seven and one-half feet or more; (d) stairwells at eachifloor; and (e) roofed porches, breezeways, and interior balconies and mezzanines.

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301.36 The council in cities (of the second class A, third class), boroughs and incorporated towns; the board of commissioners in townships of the first class; the Board of Supervisors in Lehman Township of the second class; the board of commissioners in counties of the second class A through eighth classes or as may be designated in the law providing for the form of government. 1

301.37 H & M & F i o ~ That portion of the gross floor area of finished rooms in accordance with plans submitted within a building having distance between floor and ceiling of at least six feet for residential structures and at least seven and one-half feet for non-residential structures, and not including garage or accessory building space.

301.38 IIome Cr& Any occupation carried on as a subordinate use by members of the family residing on the premises of a residential use. '1

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physician, surgeon, dentist, architect, licensed professional engineer, lawyer engaged in direct personal services when such use is within a dwelling which is the bona fide' residence of the principal practitioner.

301.39 W P r - The ofice, jstudio, or occupational room of a

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301.40 Iiotel. A business offering rooms for rent, having eating and/or drinking facilities within the same building and being three or more stories in height.

1 301.41 Lands owned by a group of persons duly formed

as a club, used principally for hunting, open only to members and guests, and involving no buildings other than those for the lodging, eating and sqtary facilities for members and guests.

301.42 Land DevehpmW, The improvement'of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving (a) a group of two or more buildings, -

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or (b) the division or allocation of land or space 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.

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Landing. A place where logs, pulpwood or firewood are assembled for transportation to processing facilities.

301.43 Landowner. The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee (having a remaining term of not less than forty years,) if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be landowner for the purposes of this act.

Litter. Discarded items not naturally occurring on the site such as tires, oil cans, garbage, equipment parts and other rubbish.

301.44 h a b g & w ~ Any off-street space not less than twelve feet in width, thirty-five feet in length, and fourteen feet in height available for the loading or unloading of goods and having access to a street or alley.

hp, To cut tops and slash into smaller pieces to allow the material to settle close to the ground.

301.45 Id& A parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.

301.46 LQLAIX& An area of land enclosed by the boundary lines of the lot and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating lot area.

301.47 Lot? Corner. A lot bounded on two or more sides by a public right-of-way.

301.48 L o t ~ o y e r a g e . That percentage of the lot area covered by building, including all area circumscribed by all building lines.

301.49 I s t , Depth. A mean horizontal distance between the front and rear lot lines, measured at right angles to a chord connecting two equidistant points along the front lot line, and in the general direction of the side lot lines.

301.50 The horizontal distance measured along the full length of a street line abutting the lot line. In the case of comer lots, the shorter of the two street lines shall be considered as the frontage unless the streets are of different classifications, in which case the lower category of street shall be the frontage of the lot.

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301.51 L o t L i n e z F r a n t The line of a street

301.52 A lot line other than

which a lot fronts or abuts.

front lot line on another street,

two or more mobilehome lots.

I and which is the farthest lot line from the street.

on the premises.

. . Buildings or land used, 301.60

height.

for offices,

.301.59 A place! where gasoline or other motor fuel or lubricating o E e E e E v e h i c l e s is offered for sale to the public, which may include the sale of accessories, oiling, greasing, washing, and light motor vehicle repairs

garages, storage, parks, and appropriate by the

- A forest practice, such as . . I1

thinning or p m m , species composition or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value. I1

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301.61 A structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

301.62 A lot or parcel which does not have the minimum width or depth or contain the minimum area for the zone in which it is located.

301.63 -Use A use, whether of land or of structure, which does not comply with the applicable use.provisions in a zoning-ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

301.64 Nursing.: C o V A home for the aged, chronically ill or incurable person where persons are housed or lodged and furnished with board and nursing care for compensation.

301.65 Occupancv. A state of an activity or use being upon a lot and/or within a building.

301.66 Off-street P arking. An off-street space avail-able for the parking of a motor vehicle and which in this Ordinance is held to be an area a minimum of nine feet wide and a minimum of nine-teen feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

. . 301.67 A certificate issued by the appropriate officer of the Township for the construction, reconstruction, remodeling, alteration or repair of a building upon approval of the submitted application and plans, indicating compliance with this Ordinance apd all other requirements for the zone in which it is located or is to be located.

301.68 Ikrmit, Sp- A certificate issued by the appropriate officer of the Township for the conduct of a special exception’ which states that the requirement governing special use in the Ordinance and all other applicable requirements have been complied with as certified by the Board of Adjustment.

301.69 P e r m i t . e of Use and Oc- A certificate issued by the appropriate officer of the Township upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this Ordinance or such adjustment therefrom which has been granted by the Board of Adjustment and that the purpose for which a building or land is to be used is in conformance with the uses permitted within this Ordinance and all other applicable regulations for the zone in which it is


located or is to be located.

301.70 Use and Occu~ancv. A certificate issued by the Supervisors for the conduct of a use otherwise prohibited by the Ordinance for a limited time period and stating that the special requirements governing said use and all other applicable requirements have been complied with as certified by the Board of Adjustment.

Dev landowner, to b x g l e e n z n u m b e r I of dwelling units, the development plan for which does not correspond in lot size, bulk of type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions .of a municipal zoning ordinance.

I 301.71 An area of land, controlled by a

The Planning Commission of the Township of 301.72 Plann&Commlswon. . . Lehman.

A building in which is conducted the main or principal . . 301.73 use of the lot on which said building is situated.

301.74 for each district together and located on the same lot with any use c u m primary use or

with such principal use or building.

Forester. A person who higher degree in forestry from a four-year school of forestry associated with or accredited by the Society of American Foresters.

301.75 PublicNo tkg. 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 hearing. The first publication shall be not more than thmy days or less than fourteen days from the date of the hearing.

301.76 1 Quarrying and material removal shall include the removal of rock, sand, ore, gravel, peat or topisoil for sale or other commercial purpose. This shall not include non-commercial soil, dirt /r rock removal which may be incidental to any permitted use nor shall it include excavation or regrading in connection with or in anticipation of building development or landscaping of any site. All activities associated with the use such as removal, crushing, mixing and processing of the extracted product shall be considered to be a part of the operation.

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Public and semi-public uses of a welfare, educational, religious, recreational, and cultural nature; such as but not limited to fire houses, schools, places of worship, non-profit community association structures and facilities owned and

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operated by a property owner's association or community association for a residential development, and all structures and facilities accessory to such uses. Such public and semi-public uses shall be appropriate to the character of the district and the area in which located.

301.77 Restaurant. Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public, semi-public or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating the recreational facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

301.78 Restaurant. Drive-In. An establishment where patrons are served food, soft drinks, ice cream, and similar confections for principal consumption off the premises or in automobiles parked upon the premises regardless of whether or not in addition thereto seats or other accommodations are provided for the patrons for on-premises consumption of the same.

A structure designed for the separation of varying ground 301.79 -Wall. . . levels.

301.80 Roof. A covering of any material of a permanent nature being supported by columns, piers, metal rods, walls or cantilevered from a principal structure and having aperture on its surface greater than fifty per cent of the total area.

301.81 Setback. The shortest distance between a lot line and a building line.

301.82 Screen. A row of dense evergreen hedges or shrubbery planted at thirty inches on center in a single row or at five feet on center in two staggered rows OR ten feet of existing vegetation augmented as necessary. A screen shall not be less than three feet in height at planting nor have a normal mature height of less than six feet. In the event there is no existing vegetation and planting is impractical because of soil conditions or other peculiarities, a fence of between five and seven feet in height above the grade of the area or object to be shielded may be considered a screen. (See 601.8) .

301.83 &L Any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag of any public, quasi-public, civic, charitable, or religious group.

301.84 &n,AreaOf, The area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape which most closely outlines said sign.

301.85 ~ A structure maintained by an individual or corporation and available for sale or rent for the painting or posting of material, or other means to apprise the public of the location of a business enterprise and the activity in which it

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is engaged. Such sign shall have a minimum area of 300 square feet and a maximum area of 500 square feet of display area.

301.86 S@J~X&L Individual letters, figures)) or characters placed upon a building wall to form a sign, such mountings projecting not more than twelve inches from the face of the wall and not extending above the top or beyond the ends of the facade.

301.87 Ground, A self-supported sign independent of any structure other than itself which s h a z e a minimum distance between advekising area and the average ground level between or around support(s) of five feet.

301.88 W& A flat sign attached to a building wall and projecting not more than twelve i n c h z o m the face of the wall and not extending above the top or beyond the ends of the facade.

Skiddine. Dragging trees on the ground from the stump to the landing by any means. 11

Slash. Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprootedl trees or shrubs.

Jl Stand. Any area of forest vegetation whose site conditions, past history, and

current species composition are sufficiently uniform to be managed as a unit.

I1 A structure accessory1 to a residence for the purpose of . . 301.89 holding household goods, tools or other personal items offering such items protection from the elements and screening them from common view.

301.90 Smg. A story is that part ofa building between the surface of any floor and the next floor above it, or in its absence, then the finishedl ceiling or roof above it.

301.90a Stream. A watercourse. For purposes of this Ordinance, an artificial-

1 channel which was designed as part of a storm drainage system and conveys surface water only during periods of rainfall is not considered a stream.

301.91 Street. A public thoroughfare which has been dedicated or deeded to the public for public uses. i

301.92 Street Line. The street line is that line determining the limit of the rights of the public.

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301.93 Structure. Any combination of materials forming a unit which is located in or on the ground or which is attached to something having location on the ground. The term “structure” shall include signs, fences, walls, towers, satellite dishes with diameter of five feet

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or more, swimming pools, porches, storage sheds, garages, and similar structures, but shall not include wading or ornamental pools with a depth of less than eighteen inches, detached fireplaces, or detached patios, provided, however, that all such amenities, except for fences or walls, shall nevertheless meet all applicable setback requirements. The term "structure" shall include the term "building" as defined herein.

301.94 thixnm&Po& A body of water artificially constructed, in whole or part, maintained by 1) an individual for bathing for the private use of household and guests, located on a lot as an accessory use to a residence; or 2) a group of families for their common use; or 3) an individual, partnership, or corporation on a business basis either singly or in combination with other commercial activity. A wading pool or ornamental pool, with a depth of less than eighteen inches, shall not be deemed as a swimming pool.

A building erected on a lot for use in 301.95 Tempwary CO- . . conjunction with construction on that lot. Such building shall cease to be a temporary construction building three months after the construction is completed or after a period of nine months inactivity on the construction project.

e s t w or logging, The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

er O~erator. a An individual, partnership, company, firm association, corporation or other entity engaged in timbering harvesting, including the agents, subcontractors, and employees thereof.

lhp. The upper portion of a felled tree that is unmerchantable because of small size, taper or defect.

301.96 Town House. One of a series of attached one-family dwellings, each having a common wall with at least one other one-family dwelling, having direct and private entry to the dwelling unit and having individual an private front or rear yard space designed as an integral. part of each one-family dwelling.

301.97 Township, The Township of Lehman.

301.98 Township 0- Any elected or appointed official of the Township of Lehman or any employee of said Township.

301.99 A business offering space for the pitching of tents or the transient parking of camping trailers and sanitary facilities. Such business shall not rent or sell tents or trailers or permit the parking or storage of occupied or unoccupied mobile homes, nor shall it include any eating facilities other than an enclosed snack or lunch counter.

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P 301.99a W a t m A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

301.99b Wetlands. Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. For purposes of this Ordinance, wetlands shall be defined in accordance with the procedures and criteria adopted by the U.S. Army Corps of Engineers with respect to the administration of the Federal Clean Water Act.

301.100 3hdJbmL An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front building line of that lot, the minimum depth of which shall be determined by the required front setback.

301.101 JhdJba An open, unoccupied space on the same Iot as the principal building, extending the full width of the lot and situated between the rear lot line and the building line, the minimum depth of which shall be determined by the required rear setback.

301.102 Ya&Suk An open, unoccupied space between the side line of the lot and the nearest side building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the street or rear lot lines as the case may be, the minimum width of which shall be determined by the required side setback.

The Planning Commission of the Township of . . 301.103 ZmingO Lehman.

301.104 Board, The Zoning Hearing Board of the Township of Lehman.

301.105 w . 0 - The person or persons charged with the enforcement of this Ordinance.


AlcmxEm ESTABLISHMENT OF ZONES

I SECTION 400 Zones. For the purpose of this Ordinance, the Township of Lehman is divided into the following zones: I

RR Rural Residential R Residential LC Local Commercial RC Resort Commercial

I SECTION401 established as shown on the map entitled "Zoning Map, Lehman Township, Pike County, Pennsylvania", dated December 1990, revised June, 1991, and further revised November, 1991, attached hereto and incorporated herein by reference, and hereby made a part of this Ordinance. The said map, and all notations, references, 'hnd designations shown thereon, shall be as much a part of this Ordinance as if the same were all fully described and set forth herein.

The location and boundaries of all zoning districts are hereby

I

11

SECTION 402 Znne Bo~uuhks ,

402.1 Zone boundaries drawn along streets, roads, streams or other right-of-ways are intended to follow the center-line of said physical feature.

I

402.2 Zone boundaries drawn along property lines are intended to follow said property lines, which are to be located upon the land by Professional Land Surveyors.

I 402.3 Zone boundaries drawn through parcels of land, not being along property lines, are intended to begin and end at property comers, or extensions of property lines at road center-lines, or along property lines and road center-lines at the distance specified on the Zoning Map. I1

402.4 Distances not specifically indicated on the Zoning Map shall be determined by scale from the map. I

1 402.5 Where physical features which exist on the ground vary with those shown on

the Zoning Map, the Zoning Officer shall interpret the district boundaries. Any person aggrieved by such boundary interpretation may appeal to the Township Supervisors.

1

8101199 II I


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Page 4-1

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AxcmmY PERMITTED USE REGULATIONS

SECTION 500 The Schedule of Regulations entitled "Schedule of Permitted Uses, Yard, Area and Bulk Requirements, 'I (Section 500. l), attached hereto, and applying to the uses of land and buildings, the yards and other open spaces to be provided contiguous thereto, and all other matters required therein for the various zones established by this Ordinance, is hereby declared to be part of this Ordinance. The regulations listed for each zone on said schedule are hereby prescribed for each such zone, subject to other pertinent provisions in this Ordinance and shall be deemed to be the minimum requirements in every instance of their application.

- 9/06/00

500.1 (See next page.)

Lehman Township Zoning Ordinance Page I 1

(du'rlscre)

'Grnmcrcial Camps

'CcmmcrciaI Repom

M i i u m Ltbacka

Side Fmot Onrl Total Rear 1 cn) (n) (n)

._. 50 Acres 2 . m 2 .m 500 500.1m 500 _ _ _ 5 50 Ilemployee See Section I003

___ 25 A c m 5al 500 150 IM/K)O 150 __. I5 50 llrooming unit See Section 1004 I lemployec 114 dining room seats above guest

~~

One Family DU's and Mobile Homer 1 43.560 150 200 40 25/80 m

Municipal Uses ___ --. 150 200 60 50l100 50

"Timber Harvesting

*Quarrying

'Material Removal

'Lighl Manulwturing

~ -~ ~- - ~~~

40 2ldu

50 11300 sq ft Deemed necessary by Supervisors

... See Srviion 1014 ._. ... __. ._. ... ... .__ ._.

... ... ... __. _.. ._. ... I1crnployee Sec Section 1015 5 Acres 300 300

5 Acres 300 300 ... ... llemployec See Seciion 1015

llcmployee SK k i i o n 1016

... ... ... ... ...

... 12o.ooo 200 200 50 501100 50 ... I5 40

Mun be removed 30 days

May have o p m e n t over garage on IOU o f 2 acres or more

~ - -

+Storage Bldgs 1 Idu I - - 20/100 m -- 2 15 - I I I I I I I I I I I

+Privak Greenhouscr

+Swimming Pools

I5 - I5 _-

I l l d U P I - - - - - I - I -.- 1 - - - - I m / 1 w I 20 I --:- I 2 I 15 I - I

I 'Huniing Clubs and Camps - -~

'Fishing Clubs and Camps

_ _ _ 50 Acres 2 . m 2.000 500 KX)/lWO 500 _ _ _ 5 50 114 members

.__ 10 Acres 200 .__ 150 150l300 150 _ _ _ 5 50 114 members

See Section 1001

Sce Section I002

---- " . . . /od/c. .. 1 ___an 1 . ;hip. . . ig 0 m e . . Pl e.. .:2 . . . . .

k Permitted by RisM nh-um -?

(*Special Exception) (**Con&tional Use) ( + A m w r ~ VWS) (du'dacrc)

hr Fpmily DU's and Mobile Horns 1 With Water or Sewer 2 With Water d Sewer 3

Municipal Uses - Tmporaly Connr Bldgs __.

+(As in RR Zone)

Quasi-Public Uses _I

.GudcnApumwnu I2

*Townhouws 8

'Mobile Home Couru 6 5

*%luster Developmenl 3

*Nursing Homes I --_ 1 40.000 I I50 I 200 I 60 I 50/100 I 50 I -._ I 15 I 40 1 1/4 beds, H I SeeScction 1009 slaff members

,

MUUtOum Minunum Minunum Maximum Maximum Rquiredoff- Other Requirements LOC Ska Setback Habitable Lot Bddmg Stmtl'arkiug

Side Floor Area Coverage Bright Spans Lot Area Lot Width Lot Depth Fmnt Om /Total Rear (sq R) (fi) (R) (fi) (ri) (fi) (sq R) @ercenl) (It) @er =)

43.560 I50 200 40 25/80 50 m a 15 40 2/du 20,000 I20 I50 40 20/60 40 m a 20 40 Z/du 15.000 100 125 40 15/40 30 me 20 40 2/du

lr)oo 4 fi Damcd ncceuary by Supervisors - 150 200 60 50/100 50 -__ 15 50

-_- -_- -- -_ _-_ - - --. _-- -- Must be removed 30 days after use ends

43.560 150 200 60 30160 15 - 40 40 -_ See Section 601 I4

S Acm 300 300 1s 5Qlla, 30 l b r - M O m 30 1-1NdU see Secuon IWS 2br-bM) 3br -7%

22 60 See Section 1006 m a 50 50 1-IRldu See Section 1006 l . m

5,000 40 90 10 8/16 lo ._- 25 20 l-ln/du See Section I007

1.500 75 75 25b 12/21 12 ma. 25 40 2/du plus See Secuon 1008 15C 2 guest

spxesldu

I I I I I I I I I I I I

*Boading Hwws _ _ _ 40.000 I50 200 60 50/100 50 -_ 20 40 llrmtal unit See Section 1010

*Hospitals

**Timber Harvesting

~~

- 5 A c m . 3W 300 75 30/IW 50 - m 50 Ustaff member See Section 1011 I/employee 1/10 mom

See Section 1014 -__ -- -.- _-_ ___ --- ..- --- _-- ~ ~~ ~~ ~ ~ ~~ ~~ ~

*MwriJ Removal ___ 5 ACRI m Mo _- --_ -__ _-_ _.- --_ llemployee See Section 1015

a. Not less than 480 square feet on one floor of a multiple floor dwelling. b. D i s t w fmm sueel right-of-way. e. Distance from Common A c e s Drive.

9/06/00 Lehman Toyuship Zoning Ordinance Page 5-3

Uses F'ermitted by RlgM

('Special Exception) (**Conditional Use) (+Acccsmry Uses)

Relail and service businesses such pt but not limited (0:

groeerics and food Stuffs. meat and poultry. baked goods. delicateswn. confectionery. prkage liquors, household supplies, furniture and appliances. radio and television. hardware ad pints, dry goods and notions. stationcry. books md tobrco. periodicals and news, variay nom. family clo&ing. apparel. tailoring and dressmaking, laundry and drycleaning. shoe repair and soler. drugs and p h m y , antiques. flower rhopr. building rupplls, plumbing and e l s t ri c al banks, pn office. businur. municipal. public utility, and pmfenional offica buber and beauty shqn

-_ -__ __-

.-_

I 1 1 0 0 sq ft of bldg

Maximum D e d Y

Sec Section 703

See Section 601.14

See Section 1012

(du'rlacre)

I1cmployee

self-service laundries

Rnuunnu and Taverns

Bowling Alleys

See Section 1013

See Section 1016

I FuncnlHomn -1 ~

I Tnnponry Connr Bldgs I - Motclr md Hwlr

+Essential Utilities _-_ +Public Garages

Quasi-Public Uses

'Gasoline Stations ._.

'Public Utility Uus

'Light Manufxturing

**Fairs and Carnivals

**Timber Harvesting

Minimum Lot Sires

Minimum Setbacks

11300 sq ft of retail flmr M.

I 1 r n g ft of office rpsce

Ikhair llemployee H wrrhen

Other Requirrmeotr + I1rwm

H employees 114 restaurant

_ _ ~

Sce Section 1014

Uses RdtIed by Right

(*Special Exception) ('*Conditional Use) (+Aarrsory Usa)

1 Minimum Lo( S i r s

Ocher Requlremciits

Reson-oriented businesses and bud- recreation such Y but not limited to: motels and hotels: restaurants and taverns: drive- in r~smtrants; motion picture cheaun: bowling alleys; golf courses and driving ranges: riding sables: transient camps: grocery mm.

As inLCZor r 4 Min 5 r r e development

+As in R R B LCZom Al l rquimnenls 1( in appropriale mn

m i - P u b l i c U w SeeSection601.14 - 43,560 IS0 200 60

12 5 A m 300 300 7s

a 1.300 22 60 See

See Section I005

Section 1006 I ma. I SO See Section 1006

*Mobile Home Guns ~~~~

6 3 5.ooo 40 90 10 8/16 IO I Scc Section 1007 I-IlZIdu

2ldu plus 2 guest sprer/du

*.Cluner Development See Section 1008

*Guoline Slations See Section I012

I

See Section 1016 'Light Manufxturing

One Family DU'r

- im.ooo 200 200 50

All requirements IS in R Zone ~ ~~

**Timber Hlrvezling

a. Not less &an 480 square feet on one lloor of a nntltiplcipe floor dwelling. b. DistMce fmm nmt rightof-way. e. DiaMc from C o m n Afecn Drive.

See Section 1014


iI

GENERAL REGULATIONS

SECTION600 this Ordinance are permitted under the terms and specifications herein stated:

The following modifications to the requirements of

600.1 Height. The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas, nor to chimneys, ventilators, selights, television and radio antennas,

'I water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this Ordinance shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches, and ;other similar permitted uses may exceed the height limitations of this Ordinance, provided that such uses shall increase the front, rear and side yards one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located.

Chimneys, cornices or eaves may project into any front, side or 600.2 P x c g d m ~ . . rear yard not more than 24 inches. An open or lattice enclosed fire escape or fireproof outside stairway may project into any yard not more than 25 percent of the distance from the building wall to the lot line. There shall be no other projections 4 to yards of more than four feet. Under no circumstances shall any projection be closer to any lot line than ten feet in any residential zone.

600.3 " o n - c o n f o r m i n g o o f R e c o r d . ' A non-conforming lot may be used for a permitted use, in accordance with the following requirements, provided the creation of the lot did not violate the then-applicable subdivision reqlations.

/I 500.3J A non-conforming lot may be used for a permitted use, provided it has

a minimum lot area of five thousand (5,OOO) square feet, and a minimum'lot width of fifty (50) feet, and provided all other applicable regulations are met, except as hereinafter set forth.

500.3.2 A non-conforming lot which is p h of a Township approved subdivision, having setback requirements set forth on the recorded subdivision plan, shall be subject to the setback requirements set forth on the said plan.

500.33 A non-conforming lot which is part of a Township approved subdivision, not having setback requirements set forth on the recorded subdivision plan, shall be subject to the setback requirements set forth in the Zoning Ordinance in effect at the time of subdivision approval.

Any use or building in 600.4 &&&mg-Non-C- I . . I . .

8/01/99 Lehman Township Zoning Ordinance Page 6-1 1

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existence at the time of adoption of this Ordinance which is contrary to or in violation of the regulations contained herein may be continued provided that it is registered with the Zoning Officer (see 1101.7) and provided that no such non-conforming use shall be reactivated once it has been abandoned. Registered non-conforming buildings may be altered, maintained or renovated and may be expanded upon approval of the Zoning Hearing Board up to the equivalent of fifty (50) percent of the floor or land area devoted to said non-conforming use at the time of adoption of this Ordinance except as such expansion would be in conformity with this Ordinance; nor may any such building be reconstructed if destroyed to the extent of more than 75 per cent of value of the building.

Section 601 Regulations - &q&d& to following general regulations shall apply in all zones:

Except as hereinafter provided, the

601.1 General. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this Ordinance and meeting the requirements set forth in Section 500.1, Schedule of Permitted Uses and Requirements. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and all other regulations designated in the schedule and this Ordinance for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this Ordinance, and the building permit and all other permits shall become void.

601.2.1 In order to preserve streams, lakes, ponds, bodies of water, flood plains, and potential utility easements, structures shall conform to the following setback requirements, except as provided in Paragraph 601.2.5 and Paragraph 601.2.6.

601.2.2 * No principal or accessory structure shall be erected within 50 feet of the bank of any body of surface water existing at the time of the application. During periods of a State declared drought emergency, consideration of normal site conditions may be required. As provided in Section 704, the placement and construction of any structure shall comply with the Lehman Township Flood Plain Ordinance.

601.2.3 No principal or accessory structure shall be erected within 25 feet of the boundary of a delineated wetland area. For purposes of this Ordinance, landowners may rely upon a valid jurisdictional determination issued by the US Army Corps of Engineers to ascertain the location of a wetlands area.

501.2.4 No structure, fill or other obstruction shall be placed as to block a


I applicable Federal and State agencies.

(1) Any structure or activity which has received a permit or a waiver from the Department of Environmental Resources pursuyt to the Pennsylvania Dam Safety and Encroachments Act.

!

Act.

(2) Any sewer, water, telephone, electric, gas, or similar utility line or

I lateral.

(3) Any well, wellhouse, or other related to development and distribution of water supplies.

approve or disapprove the degree of compliance required. may appeal as provided by Article IX of this Ordinance.

I

(4) Any sewage treatment plant or accessory structures.

Persons aggrieved by his decision

8/01/99 Page 6-3

requirement. Any lot having its rear lot line coinciding with the right-of-way line of a regional highway shall have 50 feet added to its rear yard requirement.

No residential lot shall have erected upon it more than one . . 601.4 principal building, and no yard or other open space provided about any building for the purpose of complying with the provisions of this Ordinance shall be considered to provide a yard or open space for any other building.

No artificial lights shall be used by any building or . . 601.5 premises, which because of intensity, location, color or any other factor, disturb the comfort, health or safety of those residing, working or using public property, including streets within the range of said lights.

601.6 Yards. All yards facing on a public street shall be considered front yards, and shdl conform to the minimum front yard requirements for the zone in which they are located if greater than the otherwise applicable yard requirements. Corner lots shall provide the minimum front yard on each street.

601.7 SihmhgPoolS, No swimming pool shall be located any nearer than fifteen feet to any rear or side property line, or in any case nearer a street than the required front setback in the zone in which it is located. The fifteen feet are to be measured from the nearest pool line to the property line. A permanent barrier or obstruction not less than four feet nor more than six feet in height, so constructed as entirely to enclose the area on which the swimming pool is located and to bar all reasonable and normal access to the swimming pool except through a substantial self-closing gate or gates of the same height as the fence, equipped with facilities for locking said gate when the pool is unattended or unguarded, shall be provided for all swimming pools.

601.8 H e d g e . e , Wa- of Streets, At the intersection of two or more streets, no hedge, fence or wall which is higher than 18 inches above curb level shall be planted, nor shall any other obstruction to vision be permitted in the triangular area formed by the intersecting street lines and a line joining points each twentydive feet distant from said intersection along said street lines.

601.9 Preservation of The site plan and building design for every building hereafter constructed within the Township of Lehman shall maximize the preservation of the existing plant life and shall minimize the amount of site grading and disturbance of the natural topography required on any site. This provision in no way shall interfere, however, with appropriate augmentation of existing plant life or with replacement of undesirable plant life. In an effort to add flexibility to development proposals, to preserve land for public and agricultural purposes, to prevent development on environmentally sensitive areas, and to aid in reducing the cost of providing streets, utilities and services to residential development, this ordinance permits the owner of lands in any residential zone district to increase the density of development on all or a portion of his tract in exchange for dedicating separate and properly


I1 subdivided lots for either open space, school site, or other public use, or for dedication in perpetuity by deed restriction for agricultural use, This provision can also provide market-ability for marginal lands in environmentally sensitive areas, without development of such lands, and without increasing the overall population density within the Township. 1

I A. Standards as to lands to be deeded.

(1) The minimum sue for the deeded lands for which credit is sought shall be 25 acres, unless the parcel for which credit is sought is to be joined to an already dedicated 25 acre or larger parcel, in which case the additional lot may be as small as 5 acres.

(2) The number of dwelling unit credits to be received for such lands shall be the number of standard units permitted in the district in which the deeded land is located (e.g. lands located in the RR District shall permit a credit of one unit for each 1 acre dedicated; lands located in the R District shall be permitted a credit of 1 to 4 units for each 1 acre dedicated; provided, however, that the maximum density permitted in the Districts shall be as set forth in the Schedule of Limitations according to the availability of utilities.

owner of the receiving tract which is under considerationlfor development and shall be deeded in the Township at the time of final approval of the development into which the credits are transferred. The deed shall contain restrictions as to the future use of the land by the Township, limiting those areas to open space, recreation, school sites, or other public

(3) Any lot for which credit is being sought shall be owned by the

municipal use. I B. Concurrence of Governing Body Procedure. Upon receipt of an application

proposing to utilize the transfer of development credits as set forth in this Section, a copy of the proposal shall be transmitted to the Township Supervisors. The acceptability of the lands proposed to be deeded and dedicated shall be subject to the approval of the Planning Commission and the Township Supervisors as to the fulfillment of the purposes set forth above and as being in accordance with the intent and purpose of the Development Plan of the Township of Lehman. The application shall be processed concurrent with the major subdivision with which it is associated. All deeds and dedications shall be subject to the approval of the Township Attorney as to form and sufficiency.

1 1

601.10 or 0- Where a building lot has frontage upon a street which is proposed for right-of-way widening on the master plan or official map of the Township of Lehman, the required setback shall be measured from such proposed right-of-way line. II

I I

601.11

601.11.1 No accessory structure shall be, closer to any principal building than a distance equal to the height of such building unless it is attached to and is part of such principal

i


building.

601.11.2 Patios and unroofed porches may extend into side and rear yards to a point not less than ten feet from the lot line.

601.12 I n t e r c h a n g e l No structure other than direction signs and/or other traffic control signs or devices erected by a governmental body shall be erected within 200 feet of an interchange of a regional highway providing access to any State, County or Township road or highway. Such area may, however, be used in providing required lot area or yard space. No activity or use shall be established within 50 feet of any such intersection except as provided above, and the natural vegetation and terrain within said 50 feet shall remain undisturbed except as disturbance may be required to comply with 601.8. Parking space required may be provided beyond 50 but within 200 feet of such interchanges.

Any use not specifically permitted in a zone established by . . 601.13 this Ordinance may be permitted as a conditional use by applying to the Lehman Township Supervisors. The following uses and activities are specifically prohibited in any zone in the Towns hip:

601.13.1 The use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.

601.13.2 Any trade, industry or purpose that is noxious or offensive by reason of the emission or odor, dust, smoke, gas or noise.

601.13.3 Junk yards, automobile wrecking or disassembly yards, the sorting or bailing of scrap metal, paper, rags or other scrap or waste material.

601.14 QusWuMs Uses, Quasi-public uses as defined in Section 301 of this . Ordinance shall conform to the following requirements:

601.14.1 All quasi-public uses shall conform to the requirements set forth in Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

601.14.2 Off-street parking spaces shall be provided with all new construction or use on the same lot as the use which they are intended to serve and shall be furnished with necessary passageways and driveways. The number of parking spaces required shall conform to the following standards:

welfare uses-1 per 300 sq.ft. building area educational uses-1 per staff member religious uses-1 per 4 seats recreational uses-1 per 3 users cultural uses-1 per 300 sq.ft. building area


II 601.14.3 Off-street parking and loading shall conform to the requirements of Section 701 and Section 702, except 701.1.

601.14.4 All parking areas shall be provided with safe and convenient vehicular access from approved roads.

601.14.5 All quasi-public uses shall be properly landscaped and screened to 1

protect adjoining areas. I I

601.14.6 Building design, structure and layout shall be consistent with all requirements of the Pennsylvania Department of Labor and Industry.

601.15 GWmlSewagdbm&m . Where a property owner proposes to connect a structure to a central sewage treatment facility or to a central water supply facility, the owner, prior to the issuance of Zoning Permit, shall submit to the Zoning Officer, on a form provided by the Township, a written authorization from the owner of the central sewage or water facility approving such connection to the system. The Zoning Officer shall not issue a Zoning Permit for such a structure without having received the aforesaid written authorization.

II

:I I

Section 602 Site P l a n v i e w Roc- ,

602.1 At the time of application for a building permit for the construction of any use other than a single one-family dwelling or a use accessoq thereto on an individual lot not a part of a larger development in a residential zone, the owner, builder, or their agent shall submit six copies of a site plan for the entire parcel to be developed, including the extent and placement of the proposed building(s), and a statement with full particulars regarding the intended use to the Township officer responsible for issuing the permit. Such plans and drawings shall be true and accurate, drawn to an appropriate scale and certified. The Township officer shall refer one copy of such plans, drawings and statements to the Planning Commission which may refer one copy to the Township Engineer, Township Planner or other advisor for their review and recommendations. The Planning Commission, or a comhittee appointed by the Chairman, shall determine that the proposed site plan conforms with this and all other State, County and Township ordinances, and will compare favorably with community standards, other neighborhood improvements and the properly intended and planned appearance throughout any street or neighborhood. In making such determination, the Planning Commission shall consider:

I1 602.1.1 The height, bulk and area of builbings.

602.1.2 The setback dimensions from all property lines.

602.1.3 The size, type and location of signs. I

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8/01/99 Lehman Tomhip Zoning Ordihance I

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602.1.4 The size, location, construction and screening of automobile parking area(s).

602.1.5 The relation to the existing buildings and structures in the general vicinity and area.

602.1.6 The degree to which existing plant life and topography are to be preserved and the amount, location, sizes, materials and species of additional landscaping proposed.

602.1.7 The lighting of buildings, signs and grounds with respect to traffic safety and surrounding buildings and uses.

602.1.8 All provisions of the Zoning Ordinance not mentioned specifically above and the relationship of the proposed project to the health, safety and general welfare of the community - specifically its relationship to the comprehensive plan of the Township as it is developed.

602.2 The Planning Commission shall, within ninety (90) days after receipt of an application for site plan approval, approve or disapprove the proposed development or construction. In the event of disapproval, the reasons shall be stated clearly to the Township officer in writing. The Township officer shall deny a building permit for the proposed construction until such conditions as the disapproval is based upon have been corrected and written approval of the Planning Commission is obtained. The absence of a reply from the Planning Commission within the ninety (90) day period shall constitute approval and the Township officer shall proceed on the basis of such approval.

8/01/99 Lehrnan Township Zoning Ordinance Page 6-8

I ARTICLE' SPECIAL REGULATIONS

Section 700 Fences_and Walls,

]I 700.1 No fence or wall hereafter erected, altered or reconstructed in any zone in

Lehman Township may exceed eighteen (18") inches in height above the ground level when located within twenty (25') feet of the intersection of two'(2) street lines.

700.2 No fence or wall hereafter erected, altered or reconstructed shall exceed six feet in height above the adjacent ground level, except as provided in this section. The higher of two ground levels shall be used in measuring such height'lwhen a wall is in whole or part a retaining wall.

'I 700.2.1 Open wire fences used to fence recreation activities shall not exceed

fifteen (15') feet in height above the adjacent ground level.

700.2.2 Open wire fences used to fence non-residential activities shall not exceed eight (8') feet in height above the adjacent groundll level.

'I

'I 700.3 All fences or walls must be erected within the property lines, and no fences or

walls shall encroach upon a public right-of-way.

700.4 Every fence or wall shall be maintained 4 a safe, sound, upright condition.

700.5 If the Zoning Officer, upon inspection, determines that any fence or wall or portion thereof is not being maintained in a safe, sound, upright condition, he shall notify the owner of the fence or wall, in writing, of his findings. The notification shall state briefly the reasons for the findings and shall order the fence or wall to be repaired or removed within thirty (30) days of the date of the written notice.

'I Section701 -. 701.1 Parking facilities shall be provided and satisfactorily maintained in accordance

with the following provisions for each building or use which, after the effective date of this Ordinance, is established, erected, enlarged or altered wihin the Township. These provisions apply to new uses and to any enlargement or changed portions of existing uses.

I

701.2 All required parking within the Township shall be deemed off-street and shall be located outside the limits of any street right-of-way, whether public or private.

I

701.3 Parking spaces shall be provided in the number set forth in Schedule 7-1 for the

8/01/99 Lehman Township Zoning Ordinance 11

Page 7-1 I

uses listed. Reasonable and appropriate parking requirements for uses not listed herein shall be determined by the Planning Commission after due consideration is given to the parking needs of such uses. The intent of this Section is to provide adequate parking for all residents, clients, customers and employees.

701.4 When the computation of parking spaces results in a fraction, the required number of spaces shall be increased to the next higher whole number.

701.5 When a proposed use contains or includes more than one of the uses listed in Schedule 7-1, the required number of parking spaces shall be computed by adding together the required number of spaces for each separate use.

701.6 The requirements of this Section shall not apply to any existing building or use, unless such building or use is enlarged, rebuilt, reconstructed, altered or remodeled. In these instances, the requirements of this Section shall be met to the extent possible without increasing the degree of non-conformance above that which existed on the effective date of this Ordinance.

701.7 Required parking facilities shall be on the same lot or premises as the principal use served, except as provided below.

701.8 The collective provision of parking facilities by two or more buildings or uses located on contiguous lots is permitted. The total number of spaces provided shall not be less than the sum of the spaces required for each building or use individually.

701.9 All required parking facilities shall be dedicated as such and shall not be used for any other purpose which interferes with its ability to provide parking for the use that it serves.

701.10 All required parking facilities shall be provided and maintained as long as the use which it serves continues to exist. Said parking facilities shall not be encroached upon or reduced in any manner.

701.11 Guest parking for single family attached and multi-family residential uses and for mobile home parks shall be within 300 feet of the use which it serves.

701.12 Garages may be included as required parking spaces, provided their use is restricted to the storage of motor vehicles.

701.13 Garages must be situate so that they meet all building setback requirements and provide a minimum of twenty feet between the face of the building and the edge of shoulder.

701.14 Design Standards.


701.14.1 Parking facilities shall be designed so that their use does not constitute a nuisance, a hazard, or an unreasonable impediment to traffic.

701.14.2 Parking facilities shall be arranged and marked for orderly, safe movement. 1

701.14.3 All parking spaces shall have a minimum stall width of ten (10) feet and a minimum stall length of twenty (20) feet, except parallel parking spaces which are a minimum of eight (8) feet by twenty-two (22) feet. I1

li 701.14.4 All parking areas shall provide adequate aisles and drives to provide

access to the parking spaces.. Vehicles should be able to proceed to and from any parking space without requiring the movement of other vehicles. I

701.14.5 Aisles within parking areas shall have the following minimum widths: 1 -- -

90" 22 ft 124ft 60" 18 ft 121 ft 45 " 15 ft 18 ft 30" 12 ft 1 , 18ft

Parallel 12 ft 118ft

701.14.6 Entrance and exit drives shall have the following minimum widths: I

Single Family Residence 8 ft 20 ft

I1 Other Use - One Way Other Use - Two Way 30ft 1

701.14.7 A minimum of forty (40) feet shall separate access points and no access point shall be closer than forty (40) feet to the nearest right-of-way line of any street intersection. i

701.14.8 Parking spaces shall be within 150 feet of the residential use which it serves or within 300 feet of any other use which it serves:(

701.14.9 Parking facilities for three (3) or more vehicles shall not be designed to require or encourage vehicles to back into a street in oqder to leave a space.

701.14.10 All parking areas, aisles and drives, except those serving one single-family detached dwelling, shall be surfaced with a hurable bituminous or concrete material and shall be graded and drained to dispose of all surface water.


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701.14.11 All parking areas, aisles, drives and spaces about buildings, except those serving one single family detached dwelling, shall be illuminated during the hours of darkness in accordance with the recommendations of the Society of Illuminating Engineers, when the use is in operation. All lighting shall be arranged to prevent glare from falling unto adjacent properties and streets.

701.14.12 All parking facilities of ten (10) or more spaces or loading areas adjacent to or across the street from any lot in a residential district, shall be provided with a suitable fence, wall, or evergreen planting at least four (4) feet in height, designed to screen visibility and headlight glare from such residential lot. Such screening shall not be within any required clear sight triangle (See Paragraph 601.8).

701.14.13 No parking areas, except those serving single family dwellings, shall be closer to a property line than ten (10) feet. No parking area for a non-residential use shall be closer than fifteen (15) feet to a property line or a lot used or zoned for residential purposes. No parking area shall be within the required clear sight triangle (See 601.8).

701.14.14 Rows of parking spaces are limited to fifteen (15) vehicles. Individual parking areas are limited to sixty (60) vehicles. Screening as described in paragraph 701.14.12, having a minimum width of ten (10) feet is required as separation when these maximums are attained.

701.14.15 A passenger vehicle turnaround is required at the end of a dead end parking area.

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!

Section 702 Off-street

702.1 For every building, structure or part thereof having over four thousand square feet of gross floor area erected and occupied for commerce, hospital, laundry, dry cleaning, places of public and quasi-public assembly, industry, and other similar uses involved in the receipt md distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building structure or addition thereto having a use which complies with the above definition shall be provided with at least one loading space. One additional truck space of these dimensions shall be provided for every additional twenty thousand square feet, or fraction thereof, of gross area in the building.

702.2 Access to truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience, and will permit orderly and safe movement of truck vehicles.

702.3 Loading space as required under this Section shall be provided an area in

8/01/99 Le- Township Zoning Ordinance Page 7-4

addition to off-street parking space and shall not be consibered as supplying off-street parking space.

il

Section703 Signs. '~ I

shall be: 1 703.1 - The intent of this Ordinance is to provide for a comprehensive yet

balanced system of sign control within Lehman Township. To achieve this purpose, all signs

703.1.1 Compatible with their surroundings.

703.1.2 Appropriate to the type of activity to which they pertain. 1 1

703.1.3 Expressive of individual and community identities.

703.1.4 Conducive to the safety of the traveling public.

703.2 Township shall be classified in one of the following categories:

- For purposes of this Ordinance, all signs within the

I 703.2.1 I LSigns - Includes public or private directional signs,

street or traffic signs and other signs of a similar nature.

703.2.2 - Includes, but not limited to, name, address, numbers, home o c c u p a t i m s i g n s of a similar hature.

703.2.3 - Includes For Sale, Lease or Rent Signs, political signs, special event signs, construction signs, signs of a similar nature.

I

703.2.4 l hhe&&u - Includes signs, graphics or displays for Commercial, Industrial, Institutional, Service or Entertainment activities located on the same premises where the sign is located. The purpose of a business sign is to sell a product or to identify a business,

.

service or activity. 1

703.3 I

II 703.3.1 All signs erected or displayed within the Township must conform to

these regulations.

height limit of the zoning district in which the building isllocated. Heights shall be measured from the average ground level of the building to the top of the sign or any structure connected therewith .

703.3.2 Signs on top of buildings or above roof lines shall not exceed the

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8/01/99 Lehman Tomhip zoning Ordinance Page 7-5 I i 1

703.3.3 Signs of a flashing nature are prohibited.

703.3.4 Illuminated signs shall not cause glare or create unnecessary light on adjacent properties.

703.3.5 Signs shall not obstruct vision, cause glare, or create hazardous traffic conditions.

703.3.6 Signs shall not be erected within or project over any road right-of-way, except as provided herein.

703.3.7 Signs shall not be erected within a clear sight triangle, as defined by the Lehman Township Subdivision and Land Development Ordinance. Signs, located outside the clear sight triangle, shall not obstruct the required clear sight line in any manner.

703.3.8 Signs shall not block or hinder the clear sight line of automobiles using a roadway or exiting from driveways.

703.3.9 For purposes of this Ordinance, a road right-of-way line shall not be considered a property line when determining sign setback requirements.

703.3.10 Signage Area.

a. The area of a sign shall be construed to include all lettering, and graphics, together with the background, whether open or enclosed, on which they are displayed. The area of a sign shall not include any supporting framework and bracing which are incidental to the display itself.

b. Where a sign consists of individual letters or graphics attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other regular shape, includipg the sign background, which encompasses all the letters and graphics.

C. In computing the area of double sided signs, only one side shall be considered, provided both sides are identical in size. If the interior angle formed by the two sides is greater than forty-five (45") degrees, both sides of the sign shall be considered in calculating the sign area.

703.3.11 Window, awning, canopy, and marquee signs are permitted. The area of these signs shall be considered as part of the total permitted sign area.

703.3.12 Deleted

8/01/99 Lehman Township fining Ordinance Page 7-6

703.3.13 Signs on mobile stands, which can be moved from place to

703.3.14 Banners, spinners, flags, penndts, balloons, animated or moving

place, are permitted only as Temporary signs as specified in this Ordinance.

1 signs are prohibited.

703.3.15 Required Condition of Signs: l

I a. Signs shall be constructed of durable materials, be designed to

withstand expected wind pressures and be erected to withstand damage and deterioration from the elements.

b. Signs, including those specifically exempt from permits, shall be maintained in good structural condition at all times. Signs shall be kept neatly painted, including all metal parts and supports that are not g a l v d e d or rust-resistant materials.

c. Signs shall be maintained so that they do not become dangerous or dilapidated. 11

d. Off-site Directional or on-site Business signs which pertain to a business that has been discontinued for six (6) months or'more shall be deemed to be abandoned. Signs which pertain to a time, event or purpose that no longer applies shall be deemed to be abandoned. On-site signs for businesses, products, or other uses which have been vacant, unoccupied or discontinued for twelve (12) months or more shall be deemed to be abandoned. Abandoned signs are prohibited. l

e. Signs shall not include obscenity nor shall signs incite violence or create a clear and present danger. ,

703.4 - Informational signs are permitted in all zoning district's subject to the following: I

I 703.4.1 Directional signs, street and trakc signs, and traffic devices erected

by the Federal, State or Local government shall not require any permit.

703.4.2 Directional signs for private activities shall require a permit and will i be subject to the following:

a. Signs may only be erected at tl?e minimum number of intersections necessary to provide clear directions along the most direct route from a connector road to the place of business. Locations are subject to approval by $e Township Supervisors.

I

b. Signs may be erected by either governmental agencies or private interests. Directional signs shall only be "community" signs offering directions but not

8/01/99 Lehman Township Zoning Ordinance

1~

Page 7-7 !

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advertising.

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c. Signs shall not be placed more than eight (8) miles from the business to which they pertain.

d. Signs shall be limited in content to: the name of the business, enterprise or subdivision; the distance to the facility in miles; and a directional arrow.

e. Signs shall have white letters on a blue background, of material, shade and size conforming to uniform standards established by a duly adopted resolution of the Township Supervisors. The letters shall be upper case block letters; with a height of 5 inches, a nominal width of 2-7/64 inches and line width of 5/8 inch.

f. A single line sign shall be on a blank measuring eight (8") inches by forty-eight (48") inches and a double line sign shall be on a blank measuring fifteen (15") inches by forty-eight (48") inches. Under no circumstance, shall any sign exceed fifteen (15") by forty-eight (48") inches.

g. Signs shall have a minimum border of one and one-half (1 ?h 'I) inches.

h. Signs shall be mounted on double posts, conforming to uniform standards established by the Township Supervisors.

! I. Signs may be mounted singly or in groups. The order of placement of individual signs shall conform to policy established by a duly adopted resolution of the Township Supervisors.

j. Signs may be located within a road right-of-way, provided the required clear sight line for the intersection is not obstructed.

k. When located on private property, written authorization is required from the property owner. The authorization must state that the sign is permitted to be placed in the proposed location and that the same terms of placement are available to other parties who may wish to place a similar sign. When located within a road right-of-way, a road occupancy permit is required from the Township or the Commonwealth of Pennsylvania, as appropriate.

703.5 - Personal signs are permitted in all district's subject to the following:

703.5.1 Signs shall not exceed two (2) square feet in area.

703.5.2 Signs shall not exceed six (6') feet in height.

8/01/99 Lehrnan Township Zoning Ordinance Page 7-8

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703.5.3 Signs shall be at least five ( 5 ' ) feet from any property line. I

703.5.4 Signs shall be limited to two signs for each dwelling or building to which it pertains.

703.6 - Temporary signs are permitted in all district's subject to the following: (1

703.6.1 - Signs advertising the sale, lease or rental of a property upon which the sign is located, provided:

I) a. Signs shall not exceed four (4) square feet in area.

b. Signs shall not exceed three (3') feet in height. I

c. Signs shall be at least five (5 ' ) feet from any property line.

d. Signs shall be limited to one sign facing each street frontage of the property, regardless of the number of separate Realtors involved.

1

il

e. Signs shall be removed no later than seven (7) days following the date of the lease, rental or sale of the property.

f. Signs shall not be illuminated in any manner.

g. Signs for large enterprises, such as shopping centers, shall 1

be submitted to the Township Supervisors for approval, as part of a land development application. The application shall include the specific location, graphics and designs proposed

I1 for all signs pertaining to the property. 11

- Signs or posters, announcing, advertising, or 703.6.2 I k h d S g u .. providing notice of an individual candidate or slate of candidates for public office, provided:

'I a. Signs shall not exceed twenty-four (24) square feet in area.

b. Signs shall not exceed six (6') feet in height. !I

I

c. Signs shall be at least five (5 ' ) feet from any property line.

d. Signs shall not be posted upon public or private property, including trees or utility poles, without the written permission of the property owner or utility company.

'I

e. Signs shall not be posted more ban thirty (30) days before the election to which they pertain and must be removed no later than five (5 ) days following the

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I 8/01/99 I1

Lehman Township Zoning Ordinance 11

Page 7-9

election.

f. Signs shall not be illuminated in any manner.

g. Financial security, in an amount established by the Supervisors by resolution, must be deposited with the Township to insure the removal of all signs following the expiration of the permit.

703.6.3 - Signs pertaining to a single temporary event are permitted in any district for a maximum duration of fifteen (15) days per calendar year, provided:

a. Signs shall not exceed twenty-four (24) square feet in area.

b. Signs shall not exceed six (6') feet in height.

I c. Signs shall be a minimum of five (5') feet from any property line.

d. Signs shall not be erected more than fifteen (15) days before the event to which they pertain and must be removed no later than seven (7) days following the event.

e. Signs may be illuminated.

f. Financial security, in an amount established by the Supervisors by resolution, must be deposited with the Township to insure the removal of all signs following the expiration of the permit.

I

703.6.4 - Signs identifying the owner, architect, engineer, and contractor and the name or type of project may be placed on any property where construction, repair or renovation is in progress, provided:

a. Signs shall not exceed twenty-four (24) square feet in area in a Commercial zoning district and shall not exceed eight (8) square feet in a Residential zoning district.

b. Signs shall not exceed six (6') feet in height.

c. Signs shall be at least five (5') feet from any property line.

d. Signs shall not be erected more than fifteen (15) days before the start of construction and must be removed no later than seven (7) days following completion of construction.


e. Signs shall not be illuminated.

f. One sign shall be permitted for the first 250 feet of road frontage, or part thereof. One additional sign may be permitted if the road frontage exceeds 250 feet.

. g. Financial security, in an amount established by the Supervisors by resolution, must be deposited with the Township to insure the removal of all signs following the expiration of the permit.

703.7 l h h s & g ~ - Commercial, Industrial or Institutional Activities which either sell or index a product, service or activity are permitted to erect on-site sign's subject to the following:

703.7.1 Public Building, Playground, or Hospital - One ground or wall sign, for each use, identifying the name of the facility. Signs may be illuminated but shall not exceed twenty-four (24) square feet in area and shall be at least five (5 ' ) feet from any property line.

703.7.2 Professional Office - One ground or wall sign, for each use, identifying the name and profession of the person maintaining a permitted professional office. Signs may be illuminated but shall not exceed two (2) square feet in area and shall be at least five (5 ' ) feet from any property line.

703.7.3 Club, Campground, or Resort - One ground sign, for each entrance, identifying the name of the facility. Signs shall not be closer than 250 feet to each other. Signs may be illuminated but shall not exceed twenty-four (24) square feet in area and shall be at least five (5 ' ) feet from any property line.

703.7.4 Townhouse, Garden Apartment, or Mobile Home Park - One ground or wall sign, for each entrance, identifying the name of the facility. Signs shall not be closer than 250 feet to each other. Signs may be illuminated but shall not exceed twenty-four (24) square feet in area and shall be at least five (5 ' ) feet from any property line.

703.7.5 Nursing Home or Boarding House - One ground or wall sign identifying the name of the facility. Signs may be illuminated but shall not exceed twenty-four (24) square feet in area and shall be at least five (5) feet from any property line.

703.7.6 Other Uses - One wall sign for each business activity within a building identifying the name and use of the activity. Signs may be illuminated, but only on the wall that contains the entrance to the business identified. Signs shall not exceed fifteen percent of the area of the wall to which it is applied.

703.7.7 Other Uses - Alternate - In lieu of a wall sign, one ground sign for each business activity within a building identifying the name and use of the activity. Signs

Page 7-11 8/01/99 Lehman Township Zoning Ordinance

,

may be illuminated but shall not exceed twenty-four (24); square feet in area and shall be at least five (5 ' ) feet from any property line but no further pan twenty (20') feet from the use or activity to which it applies.

I 703.7.8 Other Uses - Entrance Signs - m e n the principal building of a

business is more than two hundred (200') from the public street upon which its entrance drive is located, one additional ground sign may be permitted at the driveway entrance identifying the name and use of the activity. Signs may be illuminated but shall not exceed twenty-four (24) square feet in area and shall be at least five (5') feetlfrom any property line. In the case of multiple business's, the sign shall be a common sign in accordance with paragraph 703.7.9.

703.7.9 MuItiple Business's - When multiple business's are developed contiguous to each other on one or more lots, one common ground sign, in addition to the above, is permitted at the entrance from the street identifying the name of the facility. Signs may be illuminated but shall not exceed 150 square feet in area and shall be at least five feet from any property line. When the sign pertains to ten orlmore such business's, one additional sign may be erected for each ten uses or activities. Signs shall not be closer than 250 feet to each other. ll

703.8 PJon-Conforming. I(

I

703.8.1 Signs, that exist on the date of Tis Ordinance and that are non-conforming with respect to location, proximity to another sign, nature of use, area, height, lighting or other aspect, shall be permitted to be continue'd provided:

I

a. The sign is not abandoned. ll

b. The sign is maintained in goodlrepair.

c. The degree or type of non-conformance is not increased. ~l

703.8.2 Owners of non-conforming signs'' or the owner of the property on which a non-conforming sign is located may be required to make certain modifications to existing non-conforming signs. Modifications may include but are not limited to the removal of prohibited or objectionable elements such as banners, flashing lights, spinners and other moving parts; the modification of lighting to reduce reflection, glare or direct light shining onto adjacent properties or in the vision of motorists or pedestrians; and the modification of structural elements of signs deemed to be defective or inadequate in their existing condition.

1 1

703.8.3 Off-site non-conforming directional and advertising signs which are abandoned, dangerous or dilapidated or are more than fifty (50%) percent destroyed shall be removed by the owner of the sign or owner of the property upon which the sign is located. Any replacement of these signs shall be required to meet dl1 requirements of this Ordinance.

I

8lO1199 It

Lehman Township Zoning Ordiqance Page 7-12 6

703.8.4 On-site non-conforming signs which are abandoned, dangerous or dilapidated, or are more than fifty (50%) percent destroyed shall be removed by the owner of the sign or owner of the property. Any replacement of these signs shall be required to meet all requirements of this Ordinance to the greatest degree and in every respect possible. '

703.9 Sign Permit

703.9.1 After the effective date of this Ordinance and except as otherwise herein provided, signs shall not be erected prior to obtaining a zoning permit from the Zoning Officer. Such application shall be made on forms furnished by the Township and shall be accompanied by the following information.

a. A site plan showing the location of the site and the position of the sign in relation to nearby buildings or structures, property lines, and any road right-of-way lines.

b. A detailed drawing or blueprint of the proposed sign showing construction details, the lettering and/or graphics composing the sign, and the position of any lighting or other extraneous devices.

c. Such other pertinent information as the Zoning Officer may require to insure compliance with this Article.

d. The required zoning permit fee as established by resolution of the Township Supervisors.

703.9.2 Address numbers, personal signs, real estate signs, construction signs and temporary window displays shall not require any zoning permit.

703.9.3 Repair or repainting of existing signs shall not require the issuance of a permit pursuant to an application filed with the Zoning Officer.

Section 704 Flood-

704.1 All construction or development within Lehman Township shall comply with and meet all floodplain regulations as set forth in the Lehman Township Flood Plain Ordinance.


SCHEDULE 7-1 It

OFF-STREET PARKING SPACES 'I

JxHmmsE

Single Family Detached

Single Family Attached & Multi-Family

Rooming Homes

Home Occupations

Group Homes

Mobile Home Parks

Retail Stores

Professional Offices

Personal Service Businesses: Barber Shops, Photo Stores, etc.

Banks & Credit Unions

Page 7-14 Le- Township Zoning Ordinance 11 1

Auto Servicing & Repair

Auto, Furniture or Appliance Sales

Funeral Homes

8/01/99

Nom OF

1 1

2 for each dwelling unit

2 for each dwelling unit plus 0.25 for each dwelling unit provided as guest parking

2 plus 1 for each guest room 'I

2 for each dwelling unit plus 1 for each non-resident employee plus 1 per each 100 sf of floor space used for the occupation

1 for each occupant plus 1 for each 500 sf of habibble floor space

2 for each renhl space plus 0.25 for each rental space, provided as guest parking

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11

I 1 1

1 for each 150 sf of customer area plus 1 for each employee

1 for each 200 sf of total floor area plus 1 for each employee

I

1 for each 100 sf of customer area plus 1 for each employee

1 for each lo@ sf of customer area plus 1 for each employee 11

3 for each baylplus 1 for each employee

1 for each 300 sf of sales area plus 1 for each employee

1 for each 4 patron seats (or 50 sf of gross floor area) plus 1 for each non-resident employee

II

SCHEDULE 7-1 (CONTINUED) OFF-STREET PARKING SPACES

: -

MedicaVDental Offices & Clinics

Restaurants & Taverns

Drive-In Restaurants

Self-serve Laundromats

4 for each practitioner plus 1 for each employee

1 for each 3 customer seats plus 1 for each employee

1 for each 100 sf of total floor area plus 1 for each table or booth plus 1 for each 2 counter stools plus 1 for each 2 employees

1 for each washing or drying machine plus 1 for each employee

Motels & Hotels 1 for each rental unit plus 1 for each employee

Flea Market 3 for each vendor

Churches or Other Places of Worship

1 for each 4 seats plus 1 for each 100 sf of meeting room area plus 1 for each 2 employees

Educational Institutions

Nursing or Convalescent Homes.

Hospitals

1 for each 0.8 employee plus 1 for each 8 students, 16 years of age or older

1 for each 3 beds plus 1 for each employee & visiting doctor on the peak shift

1 for each 2 beds plus 1 for each employee & visiting doctor on the peak shift

Day Care Homes or Nursing Schools each employee

1 for each 2 classrooms or offices plus 1 for

Fraternal or Civic Meeting Halls

1 for each 50 sf of total floor area plus 1 for each employee


Manufacturing & Industrial

Warehousing

Wholesale Store

It 1 for each 2 employees II on largest shift plus 1 for each company based vehicle

1 for each 1000 I1 sf of total floor area plus 1 for each employee

il

II 1 for each 2T sf of office & customer area plus 1 for each employee I

Private or Membership Clubs

Bowling Alleys

1 for each 6 members /I or persons of total capacity plus 1 for each employee

4 for each lane plus 1 for each employee I 1 /I Commercial Swimming Pools 1 for each 4 persons of total capacity plus 1 for

each employee

Golf Courses, Driving Ranges, 1 for each 3 persons of total capacity plus 1 for Miniature Golf each employee

iI Theaters, Auditoriums, Libraries, Skating Rinks,

11 1 for each 3 seats (bench capacity computed at 20") plus 1 for It each employee

8/01/99 /I

Lehman Township Zoning Orpance Page 7-16

.. AIcrmmm ZONING CHALLENGES

.. Section 800

800.1 Zoning Challenges shall be in accordance with the provisions of Article VI11 of Act 247.

. 8/01/99 Lehman Township Zoning Ordinance Page 8-1

AItnaux ZONING HEARING BC

!

Section900

900.1 There is hereby created a Zoning Hearing Township and shall be appointed by the Board of Supervi! the term of one member expires on the first day of Januar: Replacements shall be appointed to serve three years. Val by the Board of Supervisors for the unexpired term of any vacant. Any Board member may be removed for malfeasz office or for other just cause by a majority vote of the gov member, taken after the member has received fifteen day'! such a vote. A hearing shall be held by the governing bod member shall request it in writing to the governing body.

Section 901 Procedure

The Board shall t 901.1 OrganlzatlonofBoard, officers, who shall serve annual terms as such and may su( of any hearing and the taking of any action, a quorum shal the members of the board but the board may appoint a he4 membership to conduct any hearing on its behalf and the p

I the board as provided in Section 901.3. The board may m I forms for its procedure, consistent with ordinances of the I I Commonwealth. The board shall keep full public records I

report of its activities to the governing body once a year. 1

. .

I

I

ARD

3oard of three residents of the ors. Terms shall be so arranged that r in each of the next three years. ancies shall be filled by appointment member whose term becomes nce, misfeasance or nonfeasance in xning body which appointed the advance notice of the intent to take

y in connection with the vote if the

Iect from its own membership its ceed themselves. For the conduct be not less than a majority of all

ing officer from its own rties may waive further action by &e, alter and rescind rules and iunicipality and laws of the if its business and shall submit a

* board. The governing body may establish reasonable fees, based on cost, to be paid by the applicant and by persons requesting any notice not required by ordinance.

(2) The hearings shall be conducted by the board or the board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the board, but the parties may waive decision or findings by the board and accept the decision or findings of the hearing officer as final.

(3) The parties to the hearing shall be the municipality, any person who is entitled to notice under clause (1) without special request therefore affected by the application who has made timely appearance of record before the board, and any other person including civic or community organizations permitted to appear by the board. The board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the board for that purpose.

(4) The chairman or acting chairman of the board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

(5) 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.

(6) Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

(7) The board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings 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.

(8) The board or hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

(9) The board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five days after the last hearing before the board or hearing officer. Except in home rule municipalities, where the applicant is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore.

~ 8/01/99 Page 9-2 Lehman Township Zoning Ordinance

Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the board shall make his report and recommendations available to the parties and the parties shall be entitled to make written representations thereon to the board prior to final decision or entry of fmdings, and the board's decision shall be entered no later than forty-five days after the decision of the hearing officer. Where the board has power to render a decision y d the board or the hearing officer, as the case may be, fails to render the same within the period required by this subsection, 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 subsection shall prejudice the right of any party opposing-the application to urge that such decision is erroneous.

(10) A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the board not later than the last day of the hearing, the board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

901.4 e Bard , Appeals under Section 902.1 and proceedings to -der Section 902.2: may be filed with the board in writing by the landowner affected, any officer or agency of the municipality, or any person aggrieved. Requests for a variance under Section 902.3 add for special exception under Section 902.4 may be filed with the board by any landowner or any tenant with the permission of such landowner.

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901.5 1 I'

I, (1) No issue of alleged defect in the process of enactment of any ordinance or map or any amendment thereto shall be raised in any proceeding filed with the board later than thirty days from the time such ordinance, map or amendment takes effect unless the person raising such issue alleges and proves that he failed to receive adequate notice of the enactment or amendment. If such person has succeeded to his interest after the enactment of the ordinances, adequate notice- to his predecessorh interest shall be deemed adequate notice to him. 1

(2) No person shall be allowed to file any proceeding with the board later than thirty days after any application for development, preliminary or final, has been approved by an appropriate municipal officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such,person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. I


The 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 an 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.

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Section 902

902.1 Board I s F S The board shall hear and decide appeals 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 a valid ordinance or map 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 Pa. R.C.P., Sections 1091 to 1098 relating to mandamus.

. . 902.2 k d F u n c t i o n s : e to the Valldlty of mv C h h a n c e or kkt& Except as provided in Section 902.3 the board shall have not power to pass upon the validity of any provision of an ordinance or map adopted by the governing body. Recognizing that challenges to the validity of an ordinance or map may present issues of fact and of interpretation which may lie within the special competence of the board, and to facilitate speedy disposition of such challenges by a court, the board may hear all challenges wherein the validity of the ordinance or map presents any issue of fact or of interpretation, not hitherto properly determined at a hearing before another competent agency or body, and shall take evidence and make a record thereon as provided in Section 901.3. 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.

902.3 1 The board shall hear requests for variances where it is alleged that the provisions of the zoning ordinance inflict unnecessary hardship upon the applicant. Subject to the provisions of Article VIII, the board may by rule prescribe the form of application and may require preliminary application to the zoning officer. The board may grant a variance provided the following findings are made where relevant in a given case:

(1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size of shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located;

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(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

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(3) That such unnecessary hardship has not been created by the appellant;

(4) That the variance, if authorized, will not alter the essential character of the I

neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and I

(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

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In granting any variance, the board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this act and the zoning ordinance.

'I 902.4 &iwd 1 s F r Shall be granted or denied by the

board pursuant to express standards and criteria contained in Article X, the board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the 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 act and the zoning ordinance.

902.4.1 Unified Appeals. Where the boark has jurisdiction over a zoning matter pursuant to Section 902, the board shall also hear all appeals which an applicant may elect to bring before it with respect to any municipal ordinance or requirement pertaining to the same development plan or development. In any such case, the board shall have no power to pass upon the non-zoning issues, but shall take evidence and made a record thereon as provided in Section 903. At the conclusion of the hearing, !the board shall make findings on all relevant issues of fact which shall become part of the record on appeal to the court. The provisions of this section shall not apply to cities of the first and second class.

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I1 Section 903 Slay of Proceedings. 'I

903.1 Upon filing of any proceeding referred to in Section 901.4 and during its pendency before the board all land development pursuant to any challenged ordinance, order or approval of the zoning officer or of any agency or body, and all official action thereunder shall be stayed unless the zoning officer or any other appropriate agency or body certifies to the board facts indicating that such stay would cause imminent peril to life or property, in which case the development of official action shall not be stayed otherwise than by a restraining order, which may be granted by the board or by the court having jurisdiction of zoning appeals

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on petition after notice to the zoning officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.

. . Section 904 ApphAmn Procedures,

904.1 Applications for special exception permits shall be made to the Zoning Hearing Board. The Zoning Hearing Board shall refer such matter to the Planning Commission for report as to its effect on the comprehensive planning of the Township. After receipt of such report, the Zoning Hearing Board shall hear the application as it is required and empowered by law and ordinance. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue a special use permit if, in its judgement, it is warranted.

904.2 ' Applications for temporary use permits shall be made to the Zoning Hearing Board. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue a temporary use permit if, in its judgement, such temporary uses are of such a nature and are so located that they will in no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone district or so that they will contribute materially to the general welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved. Temporary use permits issued by the Zoning Officer as directed by the Zoning Hearing Board shall automatically expire six months from the date of issuance and may not be extended more than once for an additional period of three months.

904.3 Variances. As directed by the Zoning Hearing Board, the Zoning Officer shall issue a Zoning Permit in other cases where the Board has determined that a variance to the terms of the Ordinance is in the public interest. The conditions under which such variance is granted shall be explicitly stated in writing by the Zoning Hearing Board in so ordering the Zoning Officer to issue a Zoning Permit. Said permits so issued shall have the same effect as a Zoning Permit, subject to conditions the Zoning Hearing Board shall determine.

Section 905 Appeih

905.1 Appeals shall be in accordance with Article X of Act 247.

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AIcmxEx SPECIAL EXCEPTION USE

. . . . Section 1000 Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Township of Lehman and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as permitted special uses. II

~1 1000.1 The use- for which application is being made is specifically authorized as a

1000.2 The design, arrangement and nature of thi particular use is such that the public

special exception use in Article V of this Ordinance for the zone in which located. 1 1

health, safety and welfare will be protected and reasonable consideration is afforded to the:

1000.2.1 Character of the neighborhood and zone;

1000.2.2 Conservation of property values;

1000.2.3 Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood;

1000.2.4 Potential congestion of vehicular traffic or creation of undue hazard; ,

1000.2.5 Principles and objectives of this brdinance and the Master Plan of il

I the Township of Lehman.

1000.3 The Zoning Hearing Board finds that all requirements as set forth in this Ordinance for the zone in which it is to be located are observed; that such use will in no way be detrimental to the surrounding property values; and that the structure or proposed use will serve a useful purpose to the general welfare of the Township.

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1000.4 In addition, such special uses shall adhere to the minimum standards specified for the particular use in this Section and to such additional conditions and safeguards as in the opinion of the Zoning Hearing Board will implement the intent and objectives of this Article and Ordinance. The burden of proof shall remain with the applicant to show compliance with all standards, both objective and (general) subjective, and the burden shall never shift to the Township or any Protestants.

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Page 10-1

- Section 1001 C-

1001.1 Hunting clubs and camps as defined in Section 301.41 of this Ordinance shall conform to the following requirements:

1001.1.1 All hunting clubs and camps shall conform to the requirements set forth in Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

1001.1.2 The developer of any hunting club and camp activity shall provide proper and adequate installation of roads, drives, potable water, sanitary and drainage facilities.

1001.1.3 Existing natural features, drainage, and vegetation shall not be removed, changed, or destroyed except where necessary to the construction and operation of the above activity.

1001.1.4 No such hunting club and camp shall function so as to impede the general intent of this Ordinance as provided in Section 200.

1001.1.5 All such hunting clubs and camps shall comply with applicable requirements of State and County agencies regarding health, sanitation, fire protection and other facets of the operation of such camps.

. . Section 1002

1002.1 Fishing clubs and camps as defined in Section 301.29 of this Ordinance shall conform to the following requirements:

1002.1.1 All fishing clubs and camps shall conform to the requirements set forth in Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

1002.1.2 The developer of any fishing club and camp activity shall provide proper and adequate installation of roads, drives, potable water, sanitary and drainage facilities.

1002.1.3 Existing natural features, drainage, and vegetation shall not be removed, changed, or destroyed except where necessary to the construction and operation of such fishing club and camp.

1002.1.4 No fishing club or camp shall function so as to impede the general intent of this Ordinance as provided in Section 260.


1002.1.5 All such fishing clubs and camps shall comply with applicable requirements of State and County agencies regarding health, sanitation, fire protection and other facets of the operation of such camps.

I Section 1003

1003.1 Commercial camps as defined in Section 301.16 of this Ordinance shall

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conform to the following requirements:

1003.1.1 All commercial camps shall conform to the requirements set forth in Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

1003.1.2 The developer of any commercial camp activity shall provide proper and adequate installation of roads, drives, potable water, sanitary and drainage facilities.

1003.1.3 Existing natural features, drainage and vegetation shall not be removed, changed, or destroyed except where necessary to the construction and operation of such commercial camp. 1

1003.1.4 No commercial camp shall function so as to impede the general intent of this Ordinance as provided in Section 200.

1003.1.5 All commercial camps shall comply with applicable requirements of State and County agencies regarding health, sanitation, fire protection and other facets of such camps.

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Section 1004 /I 1

1004.1 Commercial resorts as defined in Section 301.17 of this Ordinance shall conform to the following requirements:

1004.1.1 All commercial resorts shall conform to the requirements set forth in Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

1004.1.2 The developer of any commercial resort activity shall provide proper and adequate installation of roads, drives, potable water, sanitary and drainage facilities.

i 1004.1.3 Existing natural features, drainage and vegetation shall not be

removed, changed, or destroyed except where necessary to the construction and operation of such commercial resort.

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1004.1.4 No commercial resort shall function so as to impede the general intent of this Ordinance as provided in Section 200.

1004.1.5 All commercial resorts shall comply with applicable requirements of State and County agencies regarding health, sanitation, fire protection and other facets of such facilities.

Section 1005

1005.1 Garden apartments may be permitted in the Residential zone and the Resort Commercial zone provided all standards of Section 500.1, "Schedule of Permitted Uses and Yard Requirements", are met.

1005.2 There shall be no dwelling units below the first floor nor above the second story of any such structures except where the average grade difference between the front and the rear of an apartment structure shall be more than seven feet, then dwelling units may be permitted below the first floor.

1005.3 Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities, and shall have a minimum habitable floor area in accordance with the standards and regulations set forth in Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

1005.4 In addition to the required habitable floor area there shall be a minhum storage area in each building for bicycles, perambulators, furniture and similar type of equipment of fifty square feet in area and a minimum of five feet in height per dwelling unit.

1005.5 Sufficient laundry, drying, garbage pickup and other utility facilities and/or areas must be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls, or shrubbery of at least six feet in height around.the perimeter. Fencing and walls shall be not more than fifty percent open on the vertical surface.

1005.6 There shall be not more than twenty dwelling units in each building or structure. The facade of any building or structure shall not exceed seventy feet in length unless making an angle turn or having an offset of at least five feet within each seventy feet of length.

1005.7 Courtyards bounded on three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.

1005.8 No garden apartment dwelling structure shall be located within twenty-five feet of another garden apartment dwelling structure.


1005.9 Every building shall have a minimum setback of fifteen feet from any and all interior roads, driveways, and parking areas.

1005.10 Garages not a part of a garden apartment dwelling structure but intended for use of the residents of a multiple-family dwelling structure and all other accessory building shall be located at least fifteen feet from the nearest wall of any garden apartment dwelling structure.

1005.11 Site planning shall create usable, private open space to the fullest extent feasible.

1005.12 A minimumof ten per-cent of the total tract area, exclusive of the normal dwelling yards, buffer strip, and parking areas, shall be designated for common recreational purposes. No one recreational area shall be less than six thousand square feet in area nor less than sixty feet in width. Areas shall be located to be convenient to dwelling units. Sand boxes, swings, slides or other recreation equipment shall be installed by the developer according to plans agreed to by the Planning Commission.

1005.13 Driveways, parking areas, dwelling entranceways, and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same and light sources shall, where necessary, be shielded to avoid glare disturbing to occupants of apartment buildings and of adjacent properties.

1005.14 The land shall be so graded, paved areas so pitched, and, if necessary, storm drains and/or catch basins so located as to provide rapid runoff of storm waters and to avoid undue accumulations of water disturbing to occupants, under the normal range of weather conditions.

1005.15 Topsoil shall not be removed from the site during construction but shall be stored and redistributed to areas where seeding is required.

1005.16 Other standards and conditions to the site plan and to curbing, driveways, parking areas, pedestrian walks, landscaping and planting not otherwise specified herein may be attached as conditions by the Planning Commission as circumstances indicate they will further the purposes and intent of this Ord inance.... .

1005.17 Water supply and sewerage disposal facilities shall be provided in accordance with State, County and Township regulations and standards. Where public sewers or water supply is available within 1,0oO feet of a proposed garden apartment, the development shall tie in with such system except where an engineer representing the Township shall advise the Township that such tie is not feasible. The cost of required examination by an engineer representing the Township plus ten percent to cover administrative costs shall be payable to the Township by the Developer.


Section 1006

1006.1 All town house projects shall be submitted to Lehman Township for approval as a major subdivision under the terms of the Lehman Township Subdivision Ordinance, except as modified herein.

1006.2 A town house complex as defined in Section 301.96 of this Ordinance is subject to the following provisions and requirements:

1006.2.1 Each town house development site shall have a total land area of not less than five (5) acres, a minimum site width of not less than three hundred (300) feet, and a minimum site depth of not less .than three. hundred (300) feet.

1006.2.2 The proposed town house site shall have adequate access to the public highway system. All such entrance streets shall meet the design standards set forth in the Lehman Township Subdivision Ordinance.

1006.2.3 Access to all town house units shall be provided by interior access streets or off-street parking areas meeting the following requirements:

(1) Interior access streets shall be limited to providing access solely to town house units and shall not ultimately provide access to more than fifty (50) dwelling units. When this limitation is exceeded, such streets shall meet the design standards set forth in the Lehman Township Subdivision Ordinance.

(2) Interior access streets shall have a minimum travelway width of twenty (20) feet with two five (5) foot shoulders when designed for two way traffic and a minimum travelway width of twelve (12) feet with two five (5) foot shoulders when designed for one way traffic.

(3) Interior access streets shall be part of the town house association lands and may have no fixed right-of-way. The final plans shall bear a restrictive covenant providing that the streets will be maintained by the town house association and that they shall never be offered to the Township for dedication.

(4) Interior access streets shall be designed for a minimum design speed of twenty (20) miles per hour with a minimum stopping sight distance of one hundred (100) feet and a minimum center-line radius of one hundred (100) feet. Minimum sight distances at intersections shall conform to the requirements of the Lehman Township Subdivision Ordinance.

(5) Off-street parking areas providing access to town house units shall be defmed as any multiple space parking area having a maximum distance of 350 feet from the most remote parking space to any street entrance. Access to more than one street will


normally not be permitted. The minimum center-line radius within any off street parking area shall be 50 feet.

(6) Interior access streets and off street parking areas shall meet all cartway requirements for a Minor Street in accordance with the Lehman Township Subdivision Ordinance.

1006.2.4 The location of proposed town house units or accessory structures shall not be subject to flooding or to any other hazard.

1006.2.5 All town houses shall conform to the requirements set forth in Section 500.1 "Schedule:of.Permitted Uses and -Yard .Requirements", and in addition, a private yard of not less than 22 feet in width and 30 feet in depth shall be provided as either a front or a rear yard. No other yard space shall be required providing the lot area is met.

1006.2.6 No portion of any town house shall be located closer than fifty (50) feet to any exterior property line of the town house development; or closer than seventy-five (75) feet to any street right-of-way line bordering the exterior property line of the town house development; or closer than fifteen (15) feet to any interior access street pavement line; or closer than forty (40) feet to any other street right-of-way line.

1006.2.7 No portion of any town house shall be located closer than twenty-five (25) feet to any other town house.

1006.2.8 A town house structure shall consist of no more than six (6) dwelling units except where the front building wall is curvilinear or changes directions.

1006.2.9 Water supply and sewerage disposal facilities shall be provided in accordance with State and Township regulations. Where public sewers or water supply is available within 1,OOO feet of a proposed town house development, the development shall tie in with such system except where an engineer representing the Township shall advise the -Township that such tie is not feasible. The cost of required examination by an engineer representing the Township plus ten percent to cover administrative costs shall be payable to the Township by the developer.

1006.2.10 A minimum of ten percent of the total tract area, exclusive of the normal dwelling yards, buffer strip, streets, aisles and parking area, shall be designated for common recreational purposes. Each recreational area shall be at least six thousand square feet in area and at least sixty feet in width. Areas shall be located to be convenient to dwelling units. Sand boxes, swings or other recreation equipment shall be installed by the developer according to plans agreed to by the Planning Commission.

1006.2.11 Where individual units are to be offered on other than a rental basis, any and all land not transferred to individual ownership shall be placed in the ownership of a

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homeowners association, a trust or similar organization utilizing procedures and instruments approved by the Township Solicitor.

1006.2.12 Required parking for the town house complex will be provided in accordance with this Ordinance and shall be located not closer than ten (10) feet to any street right-of-way line or closer than fifteen (15) feet to any interior access street pavement line.

1006.2.13 All town house developments shall be equipped with fire hydrants in accordance with the Lehman Township Subdivision Ordinance.

Section 1007

1007.1 Mobile home parks may be permitted in the Residential and Resort Commercial zones provided that all requirements as set forth in the Lehman Township Subdivision Ordinance are met.

Section 1008 Cluster Devehpmmk

The intent of cluster development is to provide single family detached housing on reasonable sized parcels of land while minimizing the impact of infrastructure construction on the environment. The clustering concept attempts to provide wise and prudent use of land while preserving other features in their natural state.

1008.1 Cluster development may be permitted in the Residential (R) zone and the Resort Commercial (RC) zone as a conditional use provided the following requirements are met.

1008.2 All land proposed for cluster development shall be suitable and appropriate for this type of design and should result in the preservation of existing natural features, wooded areas, vistas, and such other physical assets as are in the interests and general welfare of the Township.

1008.3 The overall cluster development tract shall have a minimum area of 50 acres, a minimum average width of 500 feet and a minimum average depth of 500 feet.

1008.4 All requirements of Section 500.1, "Schedule of Permitted Uses and Yard Requirements", shall be met.

1008.5 A buffer strip of 50 feet will be provided around the entire periphery of the tract and shall be maintained in its natural state.

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1008.6 Cluster developments shall be designed as a cluster lot grouping around a central common access drive serving all of the lots within each grouping.

1008.7 A cluster lot grouping is defined as a grouping of at least two (2) but not more than four (4) lots arranged around a common access drive that is connected to an internal road system.

1008.8 Access to all lots in a cluster lot grouping shall be from the common access drive.

1008.9 The common access drive shall have a minimum right-of-way width of twenty-five (25') feet and shall be a maximum-length of two (2) lot depths.

1008.10 The common access drive shall be constructed of a minimum of one and one- half (1-1/2") inches ID-2 Bituminous Pavement over eight (8") inches of compacted shale base. It shall be a minimum of sixteen (16) feet wide and shall extend to a point that is adequate to provide access to the individual driveway of the farthest lot within the cluster lot grouping.

1008.11 The maintenance of all common access drives in a cluster development shall remain the responsibility of the homeowner's or other approved non-profit association.

1008.12 Access to all common access drives within a cluster development must be from a local access street as defined by the Township Subdivision and Land Development Ordinance. Access from any street of a higher classification is strictly prohibited.

1008.13 Multiple cluster lot groupings arranged contiguous with each other may not exceed a total of 12 individual lots without a minimum separation distance of fifty (50') feet.

1008.14 All land not plotted in lots shall be dedicated to the Township or a homeowner's association.

1008.15 A minimum of thirty (30%) percent of the gross tract sue of a cluster development shall be set aside in common open space available for utilization by all lot owners within the cluster development. Common Open Space may include land left in its natural state, common recreation area, buildings or.similar facilities, buffer areas, detention basins, or other areas not used for road and access drive rights-of-way or building lot areas.

1008.16 The minimum area of any parcel to be included in the common open space calculation will be one half (1/2) acre, with the minimum dimension in any direction being fifty (50') feet. Half of the open space should be contiguous with the only allowable separation being created by an internal road. A minimum of fifty (50%) percent of the lots within the cluster development shall abut the common open space.

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1008.17 Common recreational facilities shall be provided for the use of the residents of the cluster development. It shall be developed and equipped by the Developer in accordance with plans approved by the Township. For every fifty (50) acres of gross tract size, a minimum of one (1) acre of common recreational facility shall be provided. This requirement may be met by one or more facilities within the development providing a minimum of one-half (1/2) acre each.

1008.18 All proposed amenities and development improvements shall be shown on the plan. Land not plotted in lots, roads, common access drives, detention basins, recreation uses or any similar or required facility shall remain in its natural state and shall be protected by covenants set forth on the plan.

1008.19 Natural vegetation shall be retained along all road rights-of-way, except where common access drives, utilities, walkways or other required road construction activities are required. The intent is to maintain the existing vegetation to the greatest possible extent along the rights-of-way as a buffer between the road and cluster lots. In areas along the rights-of-way where construction has removed the natural vegetation, replacement buffer plantings shall be required.

1008.20 Two (2) off-street parking spaces plus two (2) on-lot or common guest parking space per lot will be required in cluster developments. The use of stacking and garage spaces may be used in the calculation.

1008.21 Required off-street parking within cluster developments shall only be allowed along or off of common access drives serving the cluster lot groupings.

1008.22 No parking or limited parking areas shall be designated and enforced along all local access and higher volume streets within a cluster development. Signage will be required as deemed necessary by the Township. Such provisions shall be as set forth on the plan.

1008.23 The articles of incorporation of any proposed homeowner's association shall .

be reviewed and approved by the Board of Supervisors with advice from the Township attorney. A homeowner's association is a requirement of cluster development.

1008.24 The required right-of-way width for local access streets in a cluster development shall be forty (40') feet, plus any slope, drainage and utility easements, as required. To compensate for this reduced width, as compared to a typical single family subdivision, the required utility and drainage easement along both right-of-way lines shall be a minimum of fifteen (15') feet.

1008.25 The required travelway width for local access streets in a cluster development shall be eighteen (18') feet. A two (2') foot shoulder shall be required along both sides of a cul-de-sac street and a four (4') foot shoulder shall be required along both sides of a loop


street. All other cross-section elements of the roadway shall conform to the applicable requirements of the Lehman Township Subdivision Ordinance.

supply and central sewage disposal system, designed and constructed in accordance with State and Township regulations.

1008.26 All lots in a cluster development shall be served by both a central water

Section1009 Ordinance shall conform to the following requirements:

Nursing homes are defined in Section 301.64 of this

1009.1 All nursing homes shallconform to the requirements set forth in Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

1009.2 Existing natural features, drainage and vegetation shall not be removed, changed or destroyed except where necessary to the construction and operation of such nursing home. I

1009.3 No nursing home shall function so as to impede the general intent of this Ordinance as provided in Section 200.

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1009.4 All nursing homes shall comply with applicable requirements of State and County agencies regarding health, sanitation, fire protection and other facets of the operation of such nursing homes. I

Section 1010 Ordinance shall conform to the following requirements:

Boarding houses as defined in Section 301.8 of this

1010.1 All boarding houses shall conform to the requirements set forth in Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

1010.2 No boarding house shall function so as to impede the general intent of this Ordinance as provided in Section 200. I

1010.3 All boarding houses shall comply with applicable requirements of State and County agencies regarding health, sanitation, fire protection and other facets of the operation of such boarding houses.

Section 1011 Ebsp&k Hospitals may be permitted in the Residential zone providing that the following standards are met: I


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1011.1 All requirements of Section 500.1, "Schedule of Permitted Uses and Yard Requirements", and any other requirements of this or other ordinances of the Township are met.

1011.2 All outdoor storage of supplies or waste shall adequately screened by planting or fencing.

1011.3 The site plan provides adequate buffer strips and screening wherever needed as well asan attractive and functional landscaping scheme in addition to any buffering or screening required within this Ordinance.

1011.4 The appropriate area and.number. of off-street parking spaces shall be provided and that access to parking areas and emergency entrance@) has been designed to minimize disturbance to adjoining properties.

1011.5 Provision shall be made for water supply and sewerage disposal in accordance with accepted practice and applicable State, County and Township regulations and standards.

Section 1012 Mator Vehicles Service Stations. Motor vehicle service stations may be permitted in the Local Commercial and the Resort Commercial zones provided that the following standards are met:

1012.1 All motor vehicle stations shall conform to Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

1012.2 The site for such use shall be located within the following limitation:

1012.2.1 No two motor vehicle service stations may be permitted within 2,000 feet of each other along any street or highway right-of-way line unless they are on contiguous parcels.

1012.3 All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground at sufficient depth to insure against hazard of fire or explosion.

1012.4 Additional parking and driveway regulations as follows:

1012.4.1 Where a lot line abuts a residential zone, a buffer strip not less than 10 feet in width of densely-planted screen to prevent the transmission of headlight glare across the zone boundary line shall be provided. Such screen shall have a minimum height of four feet above finished grade at the highest point of the lot. Where existing vegetation is insufficient for this purpose, additional planting shall be provided to meet the above requirements.

Lehman Township zoning Ordinance Page 10-12 8/01/99

1012.4.2 Driveways shall be limited to two for each one hundred feet of frontage. Such driveways shall not be less than twenty-four feet in width.

1012.4.3 No area on the lot which is required for the movement of vehicles shall be used for compiying with the off-street parking requirements of this Ordinance.

1012.4.4 The entire area of the site traveled by motor vehicles shall be hard surfaced.

1012.4.5 Any repair of motor vehicles shall be performed in a fully enclosed building and no motor vehicle shal1:be offered.for. sale on the site. No motor vehicle parts or partially-dismantled motor vehicles shall be stored outside of an enclosed building.

1012.5 Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or anti-freeze and similar products may be displayed on the respective islands only if provided for in a suitable metal stand or rack.

1012.6 Signs shall conform to the following regulations:

1012.6.1 One free-standing identification sign which does not exceed forty-eight square feet on any one side nor thirty feet in height. Such signs may be illuminated but illumination shall be non-flashing. Such signs may be located in the front yard area but shall not be closer than five feet to a street line.

1012.6.2 Three sides of the building may bear facade signs of individual letters naming only the brand of product or oil company providing the area of such sign, if enclosed in the smallest possible regular rectangle, does not exceed ten percent of the area of the facade of the building.

1012.6.3 One black and white portable "A" frametype sign not exceeding ten square feet on any one side is permitted for each one hundred feet of frontage. Such signs shall be kept within the property lines of the lot.

1012.6.4 Two black and white signs may be mounted on the front facade of the building provided that the total area of such signs does not exceed twenty percent of the area of the front facade, including window and door area.

1012.6.5 Temporary black and white signs advertising sales, premiums and other such temporary activities may be mounted on the window or door surfaces of the structure provided that the total area of such signs at any one time does not exceed twenty square feet.


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Page 10-13 I j

Public utility uses, such as dial equipment centers, high Section 1013 P u b l i c y Uses, voltage transmission lines, towers and substations and other proposed installations necessary to serve the region or area, as opposed to surrounding properties, may be permitted in any zone district with a Special Use Permit. No Special Use Permit shall be issued unless the Board of Adjustment shall determine that:

..

1013.1 The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood, area or region in which the particular use is to be located.

1013.2 The design of any .building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

1013.3 Adequate and attractive fences and other safety devices will be provided.

1013.4 A buffer strip five feet in width and screening are provided and will be periodically maintained.

1013.5 Adequate off-street parking will be provided to meet the needs of the use.

1013.6 All of the area, yard and building coverage requirements of the respective zone will be met.

Section 1014 T i m b e r H a r v e s ting. Timber harvesting shall conform to the following requirements:

1014.1 l3upm - In order to preserve the forests and the environmental and economic benefits that they provide, it is the intent of the Lehman Township Board of Supervisors to encourage the owners of forest land to use their land for forestry purposes, including the long- term production of timber, recreation, wildlife and amenity values. The timber harvesting regulations contained herein are intended to further this policy by 1) promoting good forest stewardship; 2) protecting the rights of adjoining property owners; 3) minimizing the potential for adverse environmental impacts, and 4) avoiding unreasonable and unnecessary restrictions on the right to practice forestry. Because proper cutting practices vary depending on the site and on landowner objectives, it is not the intent of this section to prescribe specific practices.

1014.2 A p p b M t y - This section applies to all timber harvesting in Lehman Township, when the total harvesting area is two (2) acres or greater. These provisions do not apply to the cutting of trees for the personal use of the landowner or for non-commercial timber stand improvement.


1014.3

1014.3.1 Application Procedures. Landowners shall apply for a permit to harvest timber whenever the total harvest area is two (2) acres or greater. Such application shall be made at least ninety (90) calendar days prior to the start of work. The application will be processed as a conditional use application. No timber harvesting shall occur until a permit has been issued by the Zoning Officer. Upon completion of the timbering, the Zoning Officer shall be notified at least seven (7) calendar days prior to the end of operations.

1014.3.2 Application Content. Every landowner, on whose land timber harvesting occurs or impacts the Township, including its roads, shall prepare a written logging plan. Such plan shall be prepared by a Professional Forester or Forest Technician and shall be submitted as part of the permit application. The provisions of the plan shall be followed throughout the operation. The plan shall be available for inspection at the harvest site at all times during the operation.

1014.3.3 Responsibility. The landowner, the applicant and the timber operator shall be jointly and severably responsible for complying with the terms of the logging plan and permit.

1014.4 b g g h g f h

1014.4.1 The applicant shall specify, in writing, the land on which harvesting will occur, the expected size of the harvest area, and the anticipated starting and completion date of the operation. The zoning permit shall be valid for one year from the date of issuance.

1014.4.2 The logging plan shall include, as a minimum, the following information:

a. A narrative of proposed cutting practices andlor stand prescription(s) for each stand in the proposed harvest area and the construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings;

b. An erosion and sedimentation control plan approved by the Pike County Conservation District;

c. All forestry activities shall use "Best Management Practices" which shall be shown on the plan;

d. A narrative of all stream and road crossings, including required permits from the appropriate agency;

e. All Township andlor PennDOT Highway Occupancy permits, if applicable;

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f. An application, provided by the township, with supporting documentation, map(s), soils, approximate wetlands, ponds etc., and a fee in the amount determined by the Board of Supervisors from time to time;

g. All other federal, state or county permits shall be obtained and a copy provided to the Township prior to the issuance of the Conditional Use Permit.

1014.4.3 Map. Each logging plan shall include a site map containing the following information:

a. An accurate sketch drawn to scale of the property lines, road system, proposed harvest area, streams, setbacks, wetlands, landing area(s), general topographic conditions, existing buildings, structures and improvements;

b. Name of property owner(s), address and names of adjoining property owners;

c. Location of all erosion and sedimentation control measures;

d. Location of all crossings of waters of the Commonwealth, including the name of all trout streams, if applicable;

e. The general location of the proposed operation to municipal and or state highways, including any accesses to those highways.

1014.4.4 Compliance with State Law. The logging plan shall address and comply with the requirements of all applicable state laws and regulations including, but not limited to, the following:

a. Erosion and sedimentation control regulations contained in chapter 25 PA code, chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. Sections 691.. 1 et seq.) and as per the Pike County Conservation District requirements;

b. Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. Sections 693.1 et seq.); and

c. Stormwater management plans and regulations issued pursuant to the Stormwater Management Act (32 P.S. Sections 680.1 et seq.)

1014.4.5 Relationship of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements, Title 25 of the Pennsylvania Code, Chapter 102 shall also satisfy the minimum


requirements for the logging plan and associated map specified in paragraphs 1014.4.2 and 1014.4.3 of this section, provided that all information required by these paragraphs is included or attached .

1014.5

1014.5.1 Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or PennDOT whichever is responsible for maintenance of the thoroughfare.

1014.5.2 No tops or slash shall be left within twenty-five (25') feet of any public thoroughfare, property line or private roadway providing access to adjoining residential property-

1014.5.3 All tops and slash between twenty-five (25') and fifty (50') feet from a public roadway or private roadway providing access to adjoining residential property or within fifty (50') feet of adjoining residential property shall be lopped so that they do not extend more 'than four (4') feet above the surface of the ground.

1014.5.4 Logging may occur between 7:OO A.M. and 7:OO P.M. prevailing time but not on Sundays and Legal Holidays.

1014.5.5 Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

1014.5.6 Streams are an important natural resource that provide for water quality, flood control, bank stabilization and other ecological benefits. To insure their adequate protection, logging is prohibited within one hundred (100') feet of the top of bank on each side of all streams, unless all of the following conditions are met:

a. The basal area of trees in that area within the one hundred (100') foot zone shall not be reduced below fifty (50%) percent of the basal area present before cutting. .

b. Trees to be cut within the one hundred (100') foot zone described shall be marked above and below stump height with tree marking paint prior to the start of logging.

c. All earthmoving within this area shall be minimized or fully avoided.

1014.5.7 No tops or slash shall be left within a stream channel or floodway. Unless fully delineated, a floodway shall be assumed to be all that area within fifty (50') feet of the banks of a stream or watercourse.

1014.5.8 Although clear-cutting is an accepted forest management tool used to

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promote the growth of certain tree species, its use must be fully justified by the logging plan. Detailed information concerning increased stormwater runoff, erosion control, and a maintenance plan to assure regeneration shall be provided. The Board of Supervisors reserve the right to limit the size of any clear-cut.

- The landowner and the operator shall be 1014.6 fi . .. responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. The Township shall require and the landowner or operator shall furnish a bond to guarantee the repair of such damages of at least $2,500. Such bond shall remain in full force until the Zoning Officer issues a written notification that all provisions of this Ordinance and conditions of the permit have been complied.with. In lieu of such bond, the operator or landowner may post a cash deposit or certified check with the Township.

Section 1015 operations shall conform to the following requirements:

Quarrying and material removal

1015.1 The tract shall conform to the requirements of Section 500.1, "Schedule of Permitted Uses and Yard Requirements".

1015.2 Said tract shall be contiguous land under the ownership or control of the applicant and shall be within a zone permitting quarries and/or material removal. Tracts covered by this ordinance shall be those which an amount of material in excess of 25,000 tons/acre/year is removed.

1015.3 No part of any such use, including any building, automobile parking area, storage of materials, filling of land, or any other building or activity, but excepting a railroad spur entering the property and access roads approved as herein provided, shall be established or conducted within a distance of 20 feet from an adjoining property line or public road or highway. Excavation shall not be conducted closer than 20 feet to the boundary of the tract. Excavation may be conducted closer to a tract boundary only in order to adjust the elevation thereof in conformity with the reclamation plan.

1015.4 The location and design of vehicular access to any part of such use from any public road, street, or highway shall be subject to the approval of the Zoning Hearing Board. In making their decision as to approval of any such access roads, consideration shall be given to the design of the road, its effect on existing roads and traffic patterns, suitable traffic safety conditions and the type and burden of traffic that will result.

1015.5 Omitted.

1015.6 Provision shall be made for the disposal of waste products on the premises and a sanitary landfill cover method shall be used periodically for covering said waste products.


1015.7 All equipment used for the operation shall be constructed, maintained and operated in such a manner as to minimize, as far as practicable, dust conditions which may be injurious or substantially annoying to all persons living in the vicinity.

1015.8 All access roads to public highways, roads or streets or to adjoining property shall be paved or treated so as to minimize dust conditions.

1015.9 Any open excavation having depth of 10 feet or more and a slope of more than 45 degrees shall be fenced at least 15 feet outside the edge of such excavation, which fence shall be at least 5 feet in height, effectively controlling access to the area in which such excavation is located and shall be approved by the Building Inspector.

1015.10 All buildings, structures and plants used for the production or processing of extractive materials shall be maintained in such a manner, as far as practicable and according to acceptable industrial practice, as to assure that such buildings, structures and plants will not become dangerously dilapidated.

1015.11 Within a period of 12 months after the termination of extraction or production, or within 3 months after abandonment of the operation for a period of 3 months, all buildings, structures and plants incidental to such operation shall be dismantled and removed by, and at the expense of, the operator last operating such buildings, structures and plants; except that such buildings, structures and plants need not be dismantled and removed so long as they may legally be used for some other purpose permitted in the zone in which they are located and upon obtaining a Certificate of Occupancy permit from the Building Inspector.

1015.12 No excavations shall be made to a water-producing depth and all must be graded or backfilled to meet the following requirements:

1015.12.1 All banks shall be left with a slope not greater than 30 degrees, except that greater slope will be permitted if in substantial conformity to the land area immediately surrounding or the reclamation plan.

1015.12.2 The property shall be so graded that stagnant water will not be permitted to collect thereon.

1015.13 Upon the completion of operations,-the land shall be left in a safe condition, so that sufficient drainage shall be provided so as to prevent water pockets or undue erosion with all grading and drainage such that run-off water leaves the entire property at the original, natural drainage points, and that the area drainage to any one such point is not increased as may be approved in the reclamation plan.

1015.14 The reclamation plan shall provide for the reclamation of 30 percent of the disturbed land or 100 acres, whichever is less, before the permittee shall proceed with any further quarrying.

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1015.15 Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the excavated area.

1015.16 Upon replacement of the topsoil, trees, shrubs, legumes, grasses or other ground cover shall be planted upon such area in order to avoid erosion as far as is practicable and consistent with the reuse plan.

1015.17 In approving or denying any quarry or material removal application, the Zoning Hearing Board shall give careful consideration to the above standards and specifications and shall have been provided with maps, drawings and other suitable supporting documents giving reasonable assurance that such standards will be met by the operation before granting a permit. In their review of these matters and in arriving at their decision the Zoning Hearing Board shall be guided by and take into consideration the public health, safety, general welfare and particular consideration shall be given to the following factors:

1015.17.1 Erosion by water and wind.

1015.17.2 Draining.

1015.17.3 Soil fertility.

1015.17.4 Grades and elevations of adjoining lands and streets.

1015.17.5 Land values and uses.

1015.17.6 Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

1015.18 Before making their decision, the Zoning Hearing Board may request a report from the Planning Commission on all or part of the application.

If such a report is requested, it shall only be used to assist in determining compliance of the proposed construction and operation with the intent and requirements of this Ordinance and in no way shall the said report be used to prevent the approval of the application and the issuance of a permit in the event the.Zoning Hearing Board.is satisfied that the requirements of this Ordinance have been met.

1015.19 Before any permit or permission for a quarry shall be granted or issued, the owner or applicant shall file with the Township Clerk a bond, in form, and with surety acceptable to the Township Supervisors in such amount as in their opinion shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted under the provisions of this Ordinance. In the alternative, the applicant or owner may submit proof that a bond has been issued to and accepted by an appropriate Federal or State agency in a proper amount for the same purpose.


1015.20 The plan submitted with an application for a special permit shall specify the proposed site layout, the location of various activities, buildings, equipment and access drives. Existing and ultimate contours shall be indicated on the set of plans as well as the proposed ultimate use of the land. A description shall be provided of the proposed method of operation including processing methods and transferring and shipping procedures. The reclamation aspects of the plan will not commit the applicant to so develop the land and are intended to provide only an indication that the reclamation plan will render the property usable for one or more permitted uses. The applicant may use as many sheets of plans as necessary to provide all necessary information.

Section 1016 following requirements:

' 1 Light manufacturing uses shall conform to the

1016.1 The tract shall conform to the requirements of Section 500.1, "Schedule of Permitted Uses and Yard Requirements'.

1016.2 Uses considered to be within this category shall be the following from the "Standard Industrial Classification Manual":

202 - Dairy Products 205 - Bakery Products

207 - Confectionery and Related Products 208 - Beverage Industries 209 - Miscellaneous Food Preparations and Kindred Products

206 - Sugar

21 - 22 - 23 -

24 - - 264 -

265 - 27 -_ 283 - 313 - 314 - 315 - 316 - 317 - 319 - 342 - 347 -

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9/06/00

Tobacco Manufactures Textile Mill Products Apparel and Other Finished Products Made from Fabrics and Similar Materials Lumber and Wood Products, except Furniture Converted Paper and Paperboard Products; except Containers and Boxes Paperboard Containers and Boxes Printing, Publishing and Allied Industries Drugs Boot and Shoe Cut Stock and Findings Footwear, except Rubber Leather Gloves and Mittens

Handbags and Other Personal Leather Goods Leather Goods, Not Elsewhere Classified Cutlery, Hand Tools, and General Hardware Coating, Engraving, and Allied Services

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Lehman Township Zoning Ordinance - *

Page 10-21

349 - Miscellaneous Fabricated Metal Products 3611 - Electric Measuring Instruments and Test Equipment 3621 - Motors and Generators 3622 - Industrial Controls 3269 - Electrical Apparatus, Not Elsewhere Classified 363 - Household Appliances 364 - Electric Lighting and Wiring Equipment 365 - Radio and Television Receiving Sets, except Communication Types 366 - Communication Equipment 369 - Miscellaneous Electrical Machinery, Equipment and Supplies 38 - Professional Scientific and Controlling Instruments;

Photographic and Optical Goods; Watches and Clocks 39 - Miscellaneous Manufacturing Industries

4214 - Local Trucking and Storage, including Household Goods 422 - Public Warehousing 48 - Communication 50 - Wholesale Trade 73 - Miscellaneous Business Services

1016.3 In the LC zone only, a light manufacturing use may be established on a one acre lot. In all other cases and other zones where light manufacturing is permitted by special permit, the minimum tract of one acre shall apply to the first building on any tract. A second building shall be permitted on a tract of at least five acres and an additional building for each additional acre provided that internal circulation shall be provided with improved streets of not less than twenty-four feet in width and an overall site layout is followed which provides at least one acre of land around each building. No building shall be closer to another building than one hundred feet.

1016.4 No parking area shall be closer to any building than 10 feet.

1016.5 Separate parking areas shall be not closer than 25 feet to each other.

1016.6 No building shall be closer than 100 feet to a property line which is a common property line with a property in a residential zone.

1016.7 A buffer area of 50 feet shall be maintained around the entire periphery of the property. There shall be no use or structure within this area other than access drives. The buffer area shall be left in its natural state and augmented by planting as necessary to provide a visual and audio barrier between the use and the property line.

1016.8 County, State, Federal or the following performance standards shall be observed, whichever is more restrictive:


1016.10 Storage.

1016.10.1 No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, with the exception of tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel.

1016.10.2 All outdoor storage facilities for fuel, raw materials and products, and all raw materials and products stored outdoors, shall be enclosed by a fence adequate to conceal the facilities from the adjacent properties.

1016.10.3 No materials or .wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or which will destroy aquatic life, be allowed to enter any stream or watercourse.

1016.10.4 All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

Section 1017

1017.1 All fairs and carnivals shall submit a Land Development Plan, conforming to the requirements of the Subdivision and Land Development Ordinance, as part of the Conditional Use application.

1017.2 An adequate supply of potable water and an adequate method of sewage disposal shall be provided for all fairs and carnivals.

1017.3 Off-street parking shall be provided in accordance with Section 701 of this Ordinance, except for the following:

1017.3.1 Parking surfaces may consist of any hard and durable surface.

1017.3.2 Parking areas need not comply with the following Paragraphs: 701.14.12 thru 701.14.14, inclusive.

1017.4 A traffic study shall be prepared and shall demonstrate that access to the parking areas is adequate for the intended use and will not adversely affect the adjacent properties.

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Page 10-23

1017.5 Fairs and carnivals on a given property shall be limited to a maximum of thirty (30) days in any given calendar year, with any given event not exceeding ten (10) days in length.


ARTICLEXI ADMINISTRATION

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Section11OO Enforcement. I I

1100.1 The Township Board of Supervisors shall appoint a Zoning Administrative Officer to be known as the Zoning Officer, to serve for such period as the Supervisors by resolution shall designate, and who shall serve until a successor is appointed. He shall receive such compensation as shall be fixed by the Board of Supervisors but shall not hold any elective office within the Township. Where a vacancy in the office at any time shall occur, or the Administrative Officer does not, or is unable to act, the Chairman of the Board of Supervisors shall act as the Administrative Officer until the vacancy is filled or the Zoning Officer is able to act.

1100.2 The Zoning Officer shall enforce the provisions of this Ordinance or other regulations made pursuant to the provisions of Act 247, the Municipalities Planning Code, and such officer, with the approval of the Supervisors or when directed by them, shall institute in the name of the Township any appropriate action or proceedings to prevent the unlawful erection, construction alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, so as to prevent the occupancy of any building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

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1100.3 Zoning permit fees, for permitted and special exception uses, and fees for appeals to the Zoning Hearing Board, and any other type of permit application under this Ordinance, shall be payable to the Township upon the filing of the application or appeal in question, and shall be in such amount as may be established from time to time by resolution adopted by the Township Supervisors. No permit application shall be received by the Zoning Officer and no permit shall be issued until the required application fee is paid in full.

Section 1101 Duties oft- I I

1101.1 It shall be the duty of the Zoning Officer to: I

1101.1.1 Examine all applications for Zoning Permits.

1101.1.2 Issue Zoning Permits only for construction and uses which are I

,I specified in this Zoning Ordinance.

1101.1.3 Issue Zoning Permits for construction, alterations, or uses not specified by the provisions of this Ordinance only pursuant to the order of the Zoning Hearing Board.

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Lehman Township Zoning Ordance Page 11-1

1101.1.4 Revoke by order a zoning permit issued under a mistake of fact, or contrary to law or the provisions of this Ordinance.

1101.1.5 Order and require the abatement forthwith or otherwise of a violation of the provisions of this Ordinance.

1101.1.6 Record and file all applications for permits with accompanying plans and documents.

1101.1.7 Identify and register the location of all non-conforming structures and uses with the Township, including specification of the basis of the non-conformity.

1101.1.8 Make such reports at such times as the Board of Supervisors may require.

Section 1102 k q u k m & of 2-

1102.1 Zoning Permits shall be secured from the Zoning Officer prior to the erection of or addition to any building, structure, or portion thereof, prior to the change in use or use of a building or land, and prior to the change or extension of a non-conforming use. No permit shall be required for interior alterations with no change in use, but said construction or alterations shall nevertheless conform to the provisions of this Ordinance. The Zoning Officer shall be notified in writing of any such construction or alteration before work commences, and upon the completion of such work. Zoning Permits shall be issued with a two-year life, provided that if work is not commenced within one year after issuance of the Zoning Permit, the Permit shall automatically expire, and a new permit shall be required before such work commences. A Zoning Permit and a Building Permit may be one and the same document.

1102.2 An applicant for a Zoning Permit shall present a Wetlands Acknowledgment, in such form as required by the Township, to the Zoning Officer prior to the issuance of a Zoning Permit.

. . Section 1103 -for Permits.

1103.1 Application for permits shall be made in writing to the Zoning Officer on forms furnished by the Township. Such application shall contain all information necessary for the Zoning Officer to ascertain whether the proposed erection, alteration, addition, use or change in use complies with the provisions of this Ordinance. The Zoning Officer may require that the applicant employ a registered surveyor to establish and certify measurements, when it is deemed necessary to insure compliance with provisions of this Ordinance.

1103.2 A copy of all approved federal, state and local permits must accompany

810 1 199 Page 11-2 Lehman Township Zoning Ordinance

applications for a Zoning Permit, when applicable. Such 1 :quired permits shall include, but not be limited to, permits for stream encroachment, sewage disposal, water supply, highway O C C U D ~ ~ C V . stormwater management. and erosion control.

r - Section 1104 issuance of A-

1104.1 Zoning Permits shall be granted or refused within ten days after the written application has been filed with the Zoning Officer, provided that nothing contained in this Ordinance shall be construed to require or empower the Zoning Officer to grant a permit approving construction on, or use of, land which has been subdivided into lots pursuant to a plan of subdivision, the plan and profde of which have not been approved by the Board of Supervisors, and duly recorded, as required by law.

1104.2 After issuance of the Zoning Permit and until construction or alteration is completed, said permit shall be displayed prominently on or attached to the building for which issued, so that said permit can be observed from the outside.

1104.3 After issuance of the Zoning Permit, and after installation of the footer and/or foundation, no further masonry or construction work shall lbe performed until the Zoning Officer has inspected the location of said footer andlor foundation and has issued a Footer Permit for the same. I

Section 1105 Issuance of Ocwpansy Ce-

1105.1 Upon completion of the erection or alteration of any building or portion thereof authorized by a Zoning Permit, the holder of such permit shall notify the Zoning Officer of such completion and request an Occupancy Permit in writing. An Occupancy Permit shall be either granted or denied within ten days of the written application therefore. The granting of an Occupancy Permit shall be certification by the Zoning Officer that the work has been inspected and approved as being in conformity with the provisions of the terms of the Zoning Permit, of this Ordinance, and all other applicable ordinances and regulations. All applications, together with accompanying plans and documents, shall become, and be preserved as a public record, subject to the disposition of the Board of Supervisors. No fee shall be charged for an Occupancy Permit. No structure shall be occupied until an Occupancy Permit is issued.

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1105.2 In addition to the normal zoning inspection conducted by the Zoning Officer, the sewage disposal and water supply systems must be complete and properly functioning, and the building's electrical distribution system, if applicable, must have received its final inspection and approval by the utility inspector, prior to the issuance of an Occupancy Permit.

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Lehman Township Zoning Ordinance Page 11-3

Section 1106 Amendment by Board of Supervisors,

1106.1 The Board of Supervisors may from time to time amend, supplement, change, modify or repeal this Ordinance, including the Zoning Map. The Board of Supervisors shall submit to the Township Planning Commission a copy of the proposed amendment, supplement, change, modification, or repealer, as the case may be, and no action shall be taken thereon by the Board of Supervisors until such time as the Township Planning Commission shall submit to the Supervisors its written recommendation relative thereto, or until the expiration of thirty days from the time of submission by the Supervisors to the Planning Commission of the said proposed action, whichever shall first occur. No such amendment, supplement, change, modification or repeal shall-become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice shall be such to meet the definition of "public notice" as contained in this Ordinance. The notices shall state the time and place of such hearing and the general nature of the proposed amendment.

Section 1107 Citizen Protest

1107.1 A protest against any amendment, supplement, change or modifications shall be in accordance with Article IX of this Ordinance. .

Section1108 Remedies.

1108.1 In case any building or structure or land is, or is proposed to be reconstructed, altered, converted, maintained or used in violation of this Ordinance or any regulations made pursuant thereto, the proper Township authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent, restrain, correct or abate such building, structure, or land, or to prevent in or about such premises, any act, conduct, business, or use constituting a violation.

Section 1109 Penalties.

1109.1 Enforcement Penalties. Any person, partnership or corporation who or which shall violate the provision of any zoning ordinance enacted under this act or prior enabling laws shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than five hundred dollars ($500). In default of payment of the fine, such person, the members of such partnership, or the officers of such corporation shall be liable to imprisonment for not more than sixty days. Each day that a violation is continued shall constitute a separate offense. All fines collected for the violation of zoning ordinances shall be paid over to the municipality whose ordinance has been violated.


Section 1110 E~WQL

1110.1 If any section, sub-section, sen ence, ex eption, clause, or phrase of this Ordinance shall be held for any reason to be unconstitutional or invalid by an court of competent jurisdiction, such decision shall not affect its remaining portions. The Board of Township Supervisors hereby declare it their intention to have enacted this Ordinance and each section and subsection thereof irrespective of the fact that any one or more of its sections, subsections, clauses or phrases may be found by Court action to be unconstitutional or otherwise invalid.

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. . Section 1111 Repeal of C- I

1111.1 All ordinances or part of ordinances of the Township of Lehman, inconsistent herewith are hereby expressly repealed.

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Section 1112 Continuation. I ,

1112.1 The provisions of this Ordinance, so far as they are the same as those of ordinances in force immediately prior to the enactment of this Ordinance are intended as a continuation of such ordinances. The provisions of this Ordinance shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance repealed by this Ordinance.

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Section 1113 Effective Date, I

1113.1 This Ordinance shall take effect immediately upon passage.

ORDAINED AND ENACTED as an Ordinance this seventh day of April, 1977, by the Board of Supervisors of the Township of Lehman, Pike County, Pennsylvania.

Attest:

Township Secretary

8/01/99 I


> AMENDMENTS ADOPTED:

Ordinance No. 22 Ordinance No. 23 Ordinance No. 29 Ordinance No. 32 Ordinance No. 37 Ordinance No. 38 Ordinance No. 44 Ordinance No. 45 Ordinance No. 53 Ordinance No. 58 Ordinance No. 58A Ordinance No. 63 Ordinance No. 64 Ordinance No. 66 Ordinance No. 71 Ordinance No. 73 Ordinance No. 74 Ordinance No. 81 Ordinance No. 83 Ordinance No. 83B Ordinance No. 87 Ordinance No. 89 Ordinance No. 90 Ordinance No. 91

-

E,

- 9/06/00

- 20 October 1977; - 15 February 1979; - 18 September 1980; - 2April 1981;

- 1 June 1983; - 19 December 1984; - 4 December 1985; - 18May 1988; - 16 January 1991; - 6 February 1991; - 4 September 1991; - 4 September 1991; - 5 February 1992; - 17 March 1993; - 4 November 1992;

- 1 February 1995;

- 5 February 1997;

- 2March 1983;

- 20 January 1993;

- 16August 1995;

- 19August 1998; - 9 July 1999. - 17May2000 - 6 September 2000


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ZONING MAP

LEHMAN TOWNSHIP PIKE COUNTY, PENNSYLVANIA

DECEMBER 1990 S C 1 1

,-.1000.

ACHTERMAN ASSOCIATES E A S T STROUDSBURG,PA. 18301

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