Township of Middle Smithfield - General Requirements

Accessory structures and uses

(1) Accessory structures and uses shall meet the minimum setback requirements as provided for in Table 130-030A unless otherwise provided for in this chapter.

Boundary change or annexation of district

Any territory which may hereafter become part of the Township through annexation or a boundary adjustment shall be classified as RR - Rural Reserve District of Middle Smithfield Township until said territory is classified otherwise as determined by the Board of Supervisors.

Buffer yards and landscaping.

A. Buffer yards with plant screening complying with the following standards shall be required under the following situations, unless a more restrictive requirement is established by another requirement of this chapter:

(1) A minimum of 40-foot-wide buffer yard with plant screening shall be required along the rear and side lines of any lot used principally for nonresidential purposes that is contiguous to a lot occupied by an existing principal dwelling or an undeveloped residentially zoned lot. The plant screening shall primarily use evergreen plants. If existing healthy trees with a trunk diameter of six inches or greater (measured 4.5 feet above the ground level) exist within the buffer yard, they shall be preserved to the maximum extent feasible. The Zoning Officer may certify that preserving existing mature trees and shrubs within the buffer yard will meet the same purposes as new plant screening. In such case, part or all of the new plant screening may be waived, in writing by the Zoning Officer. The requirements of this section are modified in the following circumstances:

(a) If a principal business use will include areas used for manufacturing or will have a loading dock that will be serviced by tractor-trailer trucks or refrigerated trucks, then the minimum buffer yard between such manufacturing area and/or loading dock and a lot line of an existing principal dwelling shall be increased to 60 feet.
(b) A buffer yard shall not be required between a dwelling and a principal business use on the same lot.

(2) A required yard may overlap a required buffer yard, provided the requirement for each is met. The buffer yard shall be measured from the district boundary line, street right-of-way line or lot line, whichever is applicable. Required plantings shall not be placed within the right-of-way, except for deciduous canopy trees that may be approved by the Township.
(3) The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, signs, manufacturing or processing activity, materials storage, loading and unloading areas, or vehicle parking or display.
(4) Fence. Any fence in a buffer yard shall be placed on the inside (nonresidential side) of any required plant screening.
(5) A well or septic system may be placed within a buffer yard, provided the landscaping and tree preservation provisions are still met.
(6) Each planting screen shall meet the following requirements:

(a) Plant materials needed to form the visual screen shall have a minimum height, when planted, of four feet. In addition, an average of one deciduous shade tree, with a minimum trunk diameter of two inches measured six inches above the ground level, shall be placed for each 40 feet of length of the buffer yard. The shade trees may be clustered or spaced unevenly.
(b) Plants needed to form the visual screen shall be of such species, spacing and size as can reasonably be expected to produce within three years a mostly solid year-round visual screen at least six feet in height. The use of native species is encouraged.
(c) The plant screen shall be placed so that at maturity the plants will not obstruct a street or sidewalk.
(d) The plant visual screen shall extend the full length of the lot line, except for Township-approved points of approximately perpendicular vehicle or pedestrian ingress and egress to the lot; locations necessary to comply with safe sight distance requirements where the plantings cannot feasibly be moved further back; and locations needed to meet other specific state, Township and utility requirements, such as stormwater swales.
(e) Evergreen trees should be planted at diagonal offsets so that there is room for future growth of the trees.

(7) Buffer yard plans.

(a) Prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:

[1] The location and arrangement of each buffer yard;
[2] The placement, general selection of species and initial size of all plant materials; and
[3] The placement, size, materials and type of all fences to be placed in such buffer yard.

(b) If more than 20 evergreen plants are proposed, no more than 50% shall be of one species.

B. Any part of a commercial, industrial, institutional or apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks, designated storage areas and other approved uses, and which is not maintained in existing natural trees and natural vegetation, shall be maintained with a vegetative ground cover and shall be kept free of debris.

C. Street trees. See the provisions in the Subdivision and Land Development Chapter. A tree required under the Zoning Chapter may also be used to meet a requirement under the Subdivision and Land Development Chapter if the tree would meet the requirements for both ordinances.

D. Parking lot landscaping. See the provisions in the Subdivision and Land Development Chapter.

E. Review and approval. Where landscaping is required by this chapter, the applicant shall submit the landscaping information on a site plan or an accompanying plan that shows proposed initial sizes, locations and species of plantings.

Control of light and glare

A. No use shall produce an intense, bright light or a reflection of an intense, bright light beyond its lot lines.

(1) Any lighting for exterior environments shall be arranged to minimize uncontrolled light, glare, over lighting, light trespass and sky glow.
(2) Blinking, flashing, lights which change intensity, including beacon lights, are prohibited, except as is required by the Federal Aviation Administration for safety reasons.

B. The lights in and around parking areas shall provide for non-glare lights focused downward. The incident light intensity provided at ground level shall be a minimum of 0.3 foot-candle anywhere in the area to be illuminated. Lighting for parking areas shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building; whichever is less.

C. The objective of these specifications is to minimize undesirable off-premises effects. No use shall produce glare off the premises by illumination originating on the premises. No bare or direct light source shall be visible beyond the lot lines. Only diffused or reflected lights shall be visible beyond the lot line. Illumination from light originating on the site shall not exceed 0.5 foot-candle at the lot line of a residential or residentially zoned lot. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver's vision.

D. No sodium vapor lights shall be permitted.

E. Illumination levels. Lighting, where required by this chapter, or otherwise required or allowed by the Township, shall have luminance, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IES), as amended, unless otherwise directed by the Township. A copy of the IES recommendations shall be submitted with the Subdivision/Land Development Plan application, as regulated by the Township SALDO.

F. See also sign lighting regulations in § 090-140.

G. Gasoline sales canopies. Any canopy over gasoline pumps shall have light fixtures recessed into the canopy or screened by the canopy or enclosures or otherwise controlled so that lighting elements are not directly visible from another lot or street.

H. Lighting of horizontal surfaces. For the lighting of predominantly horizontal surfaces (such as parking areas, outdoor storage areas and vehicle sales areas), lighting fixtures shall be aimed downward and shall include full cut off and shielding measures as needed to properly direct the light downward.

I. Off premises signs. Any new exterior lighting of an off-premises sign shall be attached to the top of the off-premises sign and project downward directly onto the sign, with minimum spillover.

J. Lighting of businesses after hours that the business serves the public shall be reduced to a level that is necessary for safety and security within the restrictions provided for in this section.

K. All outside lighting within the Township shall meet and comply with the following standards and requirements:

(1) All lighting shall be aimed, located, designed, fitted, shielded and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(2) Directional luminaires such as floodlights and spotlights, when their use is specifically approved by the Township, shall be so shielded, installed and aimed that they do not project their output onto the properties of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway or pedestrian way. Floodlights installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be adjusted and/or fitted with a shielding device to block the view of the glare source from that property.
(3) Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until no more than one-half hour after closing, unless otherwise specifically permitted in this chapter.
(4) The use of floodlights and wall-mounted luminaires (wall packs) to illuminate parking areas, shall not be permitted unless it can be proven to the satisfaction of the Township that the employment of no other acceptable means of lighting is possible.
(5) Lighting for parking areas and vehicular and pedestrian traffic ways for commercial, industrial and institutional uses shall be automatically extinguished nightly within 1/2 hour of the close of the facility unless otherwise specifically permitted in this chapter. On/off control shall be by astronomic programmable controller with battery or capacitor power-outage reset. When after-hours site safety/security lighting is proposed, such lighting shall not be in excess of 25% of the number of fixtures required or permitted for illumination during regular business hours. The use of greater than 25% of the normal lighting for all-night safety/security lighting shall require specific Township approval, based on the unique nature of the use or elevated area crime justification. Alternatively, where there is reduced but continued onsite activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 11:00 p.m. or after normal business hours, or the use of motion-sensor control, shall be permitted.
(6) Glare control shall be achieved primarily through the use of such means as cutoff luminaires, shields and baffles, and appropriate application of luminaire mounting height, wattage, aiming angle and luminaire placement.
(7) Except as permitted for certain recreational lighting and/or as may be specifically permitted elsewhere in this chapter, luminaires shall not be mounted in excess of 20 feet above finished grade of the surface being illuminated. Luminaires not meeting full-cutoff criteria, when their use is specifically allowed by the Township, shall not be mounted in excess of 16 feet above finished grade. Mounting height shall be defined as the distance from the finished grade of the surface being illuminated to the optical center of the luminaire. Where proposed parking lots consist of 100 or more contiguous spaces, the Township may, at its sole discretion, based partially on mitigation of potential off-site impacts, allow a luminaire mounting height not to exceed 25' above finished grade.

Corner lots and through lots

(1) A lot with frontage on two or more streets shall meet the minimum required front yard setback for each street.

(2) In case of a corner lot, a rear yard is required, but such yard may be any yard not fronting on a public street. A triangular lot shall have a rear yard in all cases.

(3) In cases of through lots, one yard fronting on a street shall be designated on the plans as the rear yard and the yard fronting on the other street shall be designated on the plans as the front yard. A single lot shall not be required to have more than two front yards.

Electricity

A. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as the result of the operation of such equipment.

Erosion control

A. The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to control sedimentation and soil erosion of lands and waters within Middle Smithfield Township.

B. The disturbed land area and the duration of exposure shall be kept to a practical minimum.

C. Except for agricultural activities, any earth disturbance requiring Monroe County Conservation District (MCCD) review and approval under state regulations, as amended, shall first require the submission of an erosion and sediment pollution control plan to the MCCD and shall be subject to the review and approval of MCCD. A copy of the approval from the MCCD as well as the approved copy of erosion and sediment pollution control plan and related documents/calculations shall be required to be submitted to the Township prior to the start of any earth disturbance.

D. All earth disturbance activities shall be governed by Township and state code and regulations, as amended.

Front yard requirements

(1) Where a minimum depth of front yard is specified, an open space of at least the specified depth shall be provided between the street line(s) and the nearest point of any structure. Street lines are considered to be established by the future rights-of-way when so designated to avoid interference with anticipated future road widening and improvements (including, but not limited to, sidewalks and drainage facilities).

Future rights-of-way

(1) Future right-of-way widths are established for those roads wherein the existing legal right-of-way is less than that indicated below for the particular class of road. The centerline of each future right-of-way shall be considered the same centerline as the existing right-of-way. The specific classification for each road is shown in Appendix C, "Functional Classification of Streets for Middle Smithfield Township," as amended, attached hereto and incorporated by reference herein this section.

(2) Streets and their future rights-of-way width shall be based on the following:

Arterial	80'
Collector	60'
Local Streets	50'

(3) Existing streets:

(a) In addition to the other setback requirements of this chapter, in no case shall a building be placed less than the following minimum setbacks from existing streets:

Arterial	40' from the center line
Collector	30' from the center line
Local Streets	25' from the center line

(b) Where a front, side or rear yard would abut an existing street, then such yard shall be measured from the minimum distance from the center line of the street right-of-way outlined below and not from the existing right-of-way line. For example, if the existing street right-of-way is 33' and is classified as a collector street, then the front yard shall begin its measurement from a point 30 feet from the centerline of the right-of-way and not the 16.5 feet which would be the edge of the existing right-of-way. The extra 13.5 feet is to be reserved for future right-of-way widening. And, if the front yard setback is 40 feet, then the front yard setback line is 40 feet plus the 13.5 feet for the future right-of-way widening for a total front yard setback of 53.5 feet from the existing right-of-way line. The line parallel to the existing right-of-way line and allowing for the future expansion of the road right-of-way line is defined as the "street line" as used herein.

Heat

A. No use shall produce heat perceptible beyond its lot lines.

Height

Except as provided in the definition of "BUILDING HEIGHT" in Division 20 or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts and zoning overlay districts.

A. The maximum height of a structure that is accessory to a dwelling on a lot of less than five acres shall be two stories or 35 feet, whichever is more restrictive. The second story shall be limited to uninhabitable storage areas.

B. A building height of up to a maximum of five stories shall only be allowed if the building is within 1.0 mile of the centerline of U.S. Route 209 and if approved as a conditional use, provided the applicant proves to the satisfaction of the Board of Supervisors that the following additional requirements will be met:

(1) The taller height shall be limited to the following uses, provided such use is allowed in the applicable district: timeshare units, age-restricted housing, motel/hotel, hospitals, primary and secondary schools and offices.
(2) The applicant shall provide expert testimony that there will be suitable access to the building for emergency apparatus and a suitable water supply and fire flow. The Board of Supervisors shall have the authority to deny the taller height if the applicant is not able to satisfactorily resolve emergency concerns, in the determination of the Board of Supervisors.
(3) A building height of greater than 45 feet shall only be allowed if the building is set back a minimum of the height of the proposed structure from a lot line of an adjacent lot occupied by a single family dwelling and/or from a lot line of an adjacent lot in a residential district, or 1.5 times the height of the proposed structure from an existing residential structure in a residential district, whichever is more restrictive.
(4) For those portions of the proposed structure that are over 45 feet, based on the height of the structure as determined by the definition of 'BUILDING HEIGHT' provided in Division 20 herein, the applicant shall provide evidence on how the applicant has minimized the effect of the proposed structure on those portions of the building over 45 feet from other lots in residential districts that are within 1,000 feet of the proposed structure.

C. The maximum height for any structure not addressed in Table 130-030.A above (such as principal buildings in residential districts) shall be 3.5 stories or 45 feet, whichever is more restrictive.

D. Height exceptions. The height of the structure shall be determined on the principal structure itself and not based on the height of any uninhabitable appurtenant structure to a principal structure such as a clock tower, bell tower, steeple on a place of worship, elevator shaft, skylight, chimney or any other appurtenance usually required to be and customarily placed above the roof level.

No guarantee of lot yield or development

A. This chapter contains standards for lot sizes, building coverage, and density that should not be construed as guarantees that a certain number of dwelling units or amount of development can be accommodated on any individual site. Site constraints and other chapter requirements as well as other federal, state and municipal regulations will all affect development potential.

Noise

A. Sound levels. No person shall operate, or cause to be operated, within the Township, any source of continuous sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use when measured at the property line of the adjoining property during the times specified in the Continuous Sound Levels Table 1 set forth below and/or as otherwise required in Chapter 136. In the event there is a conflict between the provisions of this § 100-040 and Chapter 136, the more restrictive provisions shall control and govern.

B. Table 1: Continuous sound levels.

Receiving Land Use Category		Time	Sound Level Limit
I.	At a lot line of a residential use in a residential district	1) 7:00 a.m. - 9:00 p.m., other than Sundays, Christmas Day, Thanksgiving Day, New Years Day, Easter, Labor Day and Memorial Day.	60 dBA
I.		2) 9:00 p.m. - 7:00 a.m., plus Sundays, Christmas Day, Thanksgiving Day, New Years Day, Easter, Labor Day and Memorial Day.	50 dBA
II.	At a lot line of a residential use in a commercial or industrial district	1) Same as above	65 dBA
II.		2) Same as above	60 dBA
III.	At any lot line other than No. I or No. II above	At all times and days	65 dBA

Note: dBA means "A" weighted decibel

C. Exceptions. The maximum permissible sound levels by receiving land use established in Table 1 above do not apply to any of the following noise sources:

(1) The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2) Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 8:00 p.m., except when public health or safety is involved. Such emergency repairs shall not be restricted by time.
(3) Lawn mowers, snow blowers, leaf blowers and household power tools between the hours of 7:00 a.m. and 10:00 p.m.
(4) Licensed game hunting activities on property where such activities are authorized between the hours of 7:00 a.m. and 9:00 p.m.
(5) Agricultural activities, including the raising of livestock, but not exempting a commercial kennel.
(6) Motor vehicle operations on public streets (covered in Pennsylvania Department of Transportation Regulations, as amended).
(7) Public celebrations, specifically authorized by the Township.
(8) Unamplified human voices.
(9) Routine ringing of bells and chimes by a place of worship or a municipal clock.
(10) Snow-making within a commercial resort.
(11) Festivals and similar special events that involve a total maximum of 20 days per calendar year per lot.

Nuisances and hazards to public safety

A. No landowner, tenant or lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:

(1) Transmission of communicable disease, including, but not limited to, conditions that may encourage the breeding of insects or rodents.
(2) A physical hazard to the public or a physical hazard that could be an attractive nuisance that would be accessible by others.
(3) Pollution to ground waters or surface waters, other than as authorized by a state or federal permit.
(4) Risks to public health and safety, such as but not limited to explosion, fire, or biological and/or chemical hazards.
(5) Interference with the reasonable use and enjoyment of property by a neighboring landowner of ordinary sensitivities.

B. Additional information. If the Zoning Officer has reason to believe that the applicant for a proposed use may have difficulty complying with the standards of this article, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards for review and approval by the Zoning Officer, and/or his/her designee, prior to the issuance of any zoning permits.

Number of principal uses and principal structures per lot

(1) C1, C2 and I Districts: A lot in a C1, C2 and/or I District may include more than one permitted principal use per lot and/or more than one permitted principal structure per lot, provided that all of the requirements set forth in the Table for Performance Standards (Table 130-030A) and general regulations set forth herein are met for each principal use and for each principal structure.

(a) If differing dimensional requirements apply for different uses and/or structures on a lot, then the most restrictive requirement shall apply. For example, if Use 1 or Structure 1 requires a one-acre lot area and Use 2 or Structure 2 on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of two acres.
(b) Applicant shall submit a site plan proving that each proposed principal use and/or each proposed principal structure shall meet the requirements of this chapter.
(c) All principal use(s) and/or principal structure(s) on the same lot shall be in common ownership, unless they are in condominium, timeshare or closely similar ownership.

(2) R1, R2 and R3 Districts: A lot within a R1, R2 and/or R3 District may include more than one permitted principal dwelling unit per lot provided single family detached dwellings shall not exceed three dwelling units per lot and all of the area and dimensional requirements are met for each dwelling unit.

(a) If differing dimensional requirements apply on the lot, then the most restrictive requirement shall apply. For example, if permitted principal dwelling unit 1 requires a one-acre lot area and permitted principal dwelling unit 2 on the same lot requires a two acre lot area, then each permitted principal dwelling unit shall meet the more stringent requirement (i.e., in this case each would have a minimum lot area of two acres).
(b) The applicant shall submit a site plan that demonstrates that each permitted principal dwelling unit shall meet the requirements of this chapter and would be amenable to Subdivision, that each dwelling unit could meet Township requirements to be on its own lot.
(c) All permitted principal dwelling units on the same lot shall be in common ownership.

Odor

A. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines.

B. Exception. Subsection A above shall not apply to odors normally created as part of an agricultural or horticultural use except that no animal waste produced off of the property shall be stockpiled unless processed to eliminate all offensive odors.

Optional transfer of development rights ("TDR")

A. Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:

(1) Encourage the permanent preservation of important farmland, historic resources and environmentally sensitive areas; and
(2) Provide a voluntary method for landowners to be compensated by the free market to preserve their land.

B. Applicability.

(1) The transfer of development rights shall only officially occur at the time of final approval of a subdivision or land development plan. The approval of a preliminary plan shall be conditioned upon compliance with this section. As part of a preliminary and final plan application, the applicant shall present a draft conservation easement on the sending property and a written, signed and notarized agreement by the owner of the sending property acknowledging and agreeing to the application.
(2) The conservation easement shall be drafted so that it is binding if the receiving property is granted final plan approval. The conservation easement shall be recorded at the same time as, or prior to, the final plan for the receiving property. If a final plan is recorded in phases, then the conservation easement may be recorded in corresponding phases.
(3) The form of the conservation easement shall be acceptable to the Board of Supervisors, based upon review by the Township Solicitor and Planning Commission. In the case of agricultural land, the standard language for an agricultural conservation easement used by the County Agricultural Land Preservation Board may be utilized.
(4) A sending property shall be located within either the CON or RR Zoning Districts and shall contain a minimum lot area of 10 acres.
(5) A receiving property shall be located within the R2, R3, C1, C2 or I Districts.
(6) The owners of the sending and receiving properties shall voluntarily commit to participate in the transfer of development rights. Once such transfer of rights and conservation easement are established, it shall be binding upon all current and future owners of the sending property. The applicant for the receiving property is responsible to negotiate with, and pay compensation to, the owner of the sending property for the conservation easement. Such transaction shall occur privately, and the value shall be determined by the private market. The Township is under no obligation to pay the owner of the sending property.
(7) Donations or intermediaries. The right to develop a sending property may be purchased by or donated to the Township, the County or an established incorporated nonprofit organization whose mission includes preservation of agricultural land or natural features. A permanent conservation easement shall be established on the sending property at the time of such purchase or donation.

For more information see § 130-050: Optional transfer of development rights ("TDR").

Performance standards

A. Table 130-030A establishes the performance standards for the various zoning districts; where greater standards are established in other sections of this chapter, the strictest standard shall govern. In order for the other standards set forth in the use regulations to apply, all requirements in that section must be met.

B. Zoning district and type of use: For each Zoning District noted, the type of use is noted with further detail on the requirements for water and sewer services. The Table must be used in conjunction with the use regulations in Article IV.

C. Minimum lot area. The minimum area required for each type of use noted. Specific use regulations may provide a more restrictive criteria on a project basis (i.e., minimum site area).

D. Minimum lot width at the minimum building setback line. For each existing or new lot to be created, the figure provided in this column represents the minimum width as noted.

E. Front, side and rear yards. These columns, as defined in Article II, provide the minimum footage required for each yard as noted.

F. Maximum percent building coverage. This number shall be the maximum permitted amount of building coverage for a use or development on the entire tract of land.

G. Maximum percent impervious coverage. This number shall be the maximum permitted amount of impervious surfaces for a use or development on the entire tract of land.

H. Open space and density. These criteria are covered elsewhere in this article and/or Article IV.

Projections into required yards

There shall be no permitted projections into the minimum required front yard, rear yard and/or side yard setback area in any district, unless specifically allowed by a provision of this chapter.

Radioactivity

A. Any proposed activity in the Township shall not emit any dangerous radioactivity at any point on the site.

Setbacks across municipal boundaries

This chapter is intended to continue the objective of compatible land uses across municipal boundaries and, therefore, requires additional setbacks and buffer yards when certain uses would abut an existing dwelling or a residential zoning district whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality or within Middle Smithfield Township.

Sewage facilities systems and water services

A. The provisions of this section shall apply under this chapter, except if the exact same matter is regulated by the SALDO for a particular application, then the provisions of the SALDO shall apply.

B. Central water service. A use shall not be considered to be served by Township-approved central water service unless:

(1) All applicable requirements of state regulations and the SALDO are met;
(2) The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator; and
(3) The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.

C. Central sewage service. A use shall not be considered to be served by Township-approved central sewage service unless:

(1) All applicable requirements of state regulations and the SALDO are met;
(2) The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator; and
(3) The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate treatment capacity and conveyance capacity to serve the development.

D. Connection to a larger system. Any nonpublic central water or central sewage system developed after the adoption of this chapter shall be engineered and constructed in such a manner as to allow its efficient interconnection in the future into a larger regional system.

(1) Such a system shall include appropriate utility easements and/or rights-of-way within property controlled by the developer extending to the borders of the development to allow future interconnections at logical points.
(2) At the time of subdivision or land development approval, the Board of Supervisors may request that agreements be established so that a central water or sewage system is dedicated to the Township after completion of the development or at such other time as is mutually agreed upon. A developer who dedicates a central water or sewage system to the Township shall retain the right to use or sell the capacity of the system that was funded by the developer. The Middle Smithfield Township Sewer Department may require an applicant to post a bond to guarantee proper operation of a system for at least two years after dedication, or as otherwise provided under State law. Nothing contained herein is intended to require the Township to accept any such system, and the acceptance of such a system shall be within the sole discretion of the Township.

E. On-lot sewage systems.

(1) Purpose. To ensure that a suitable location is available for a replacement system if the original sewage system should malfunction.
(2) This section shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this chapter.
(3) Each lot shall include both a primary and a reserve sewage system location. Both locations shall be determined by the Township Sewage Enforcement Officer to meet Pennsylvania Department of Environmental Protection regulations for a sewage system location prior to approval of the final subdivision or land development plan.

F. Reserve sewage system.

(1) The requirement for a reserve sewage system location shall not apply to the following:

(a) A lot of over 10 acres;
(b) The simple merger of two or more existing lots or an adjustment to lot lines of an existing lot;
(c) A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot;
(d) Lots within a subdivision or land development that will abut a complete capped sewage system constructed by the developer, the design of which has been approved by the Township; or
(e) An approved spray irrigation or drip irrigation system.

(2) The reserve sewage system location shall be kept clear of buildings and parking and shall be shown on any subsequent applications for new or expanded buildings or parking. The Township may require that the location be recorded on the deed.

G. Well and sewer system locations. Every plan for a subdivision or land development for a new principal building that will be served by a well and/or on-lot sewer system shall designate the proposed well and primary and alternate sewer system locations.

(1) Such plan shall show that the proposed locations will meet the minimum isolation distances established by PA DEP regulations between a well and sewage systems on the subject lot and all adjacent lots.
(2) A plan may show the outer extent of potential well locations, instead of one exact location, provided all of the potential area would still meet the isolation distance.
(3) If the well or sewage system location is proposed to be changed from the location shown on the submitted plan, then a site plan showing the revised location shall be submitted for approval by the Zoning Officer and Sewage Enforcement Officer prior to issuance of a zoning permit.
(4) It is requested that well sites be placed in the front yard, thereby allowing sewage systems to be placed in the rear yard. The intent is to minimize the visibility of any septic mound systems. In addition, if wells are located in consistent locations within a subdivision, it will make it easier for adjacent property owners to meet minimum separation distances between sewer systems and wells.

H. Expansion of sewage use. Any proposed increase in the number of dwelling units of a residential use and/or an expansion and/or change of a residential or nonresidential use shall be referred by the Zoning Officer to the Sewage Enforcement Officer for a determination as to whether a modification, expansion and/or replacement of the sewage system will be required to handle the proposed flow.

Site capacity calculations.

A. Each site is unique, containing varying amounts of environmentally constrained natural resources that should be considered as development occurs. It is the purpose of this section to determine the appropriate intensity of use to which a site may be developed.

B. The following site capacity calculations shall be submitted with all applications for subdivision or land development. Through these calculations, the maximum number of dwelling units, the maximum amount of impervious surfaces, and the required open space shall be determined.

C. Base site area. Calculate the base site area. From the total site area subtract the following (the "Subtracted Land Areas"): 1) future rights-of-way of existing public or private roads; 2) existing above-ground utility rights-of-way; 3) land area occupied or proposed to be occupied by a non-residential use and its parking (this phrase does not apply to calculations for non-residential projects); 4) land which is not contiguous or which is separated from the parcel by a road or railroad; and 5) land shown on previous subdivision or land development plans as reserved for open space.

Total Site Area =	__________________ acres
Minus Subtracted Land Areas	__________________ acres
Base Site Area =	__________________ acres

D. Land with resource restrictions and resource protection land. Calculate the land with resource restrictions and the resource protection land. In the event that two or more resources overlap, only the resource with the highest open space ratio shall be used in the calculations.

Resource	Open Space Ratio	Acres of Land in Resources	Resource Protection Land (Acres x Open Space Ratio)
100 yr Floodway	1.00	x _____ acres	= _____ acres
Wetlands	0.75	x _____ acres	= _____ acres
Slopes 25% or more	0.50	x _____ acres	= _____ acres
100 yr Floodplain (other than floodway)	0.50	x _____ acres	= _____ acres
Slopes 15-25%	0.10	x _____ acres	= _____ acres
Land with Resource
Resource Protection Land

E. Adjusted tract area. Calculate the adjusted tract area.

Base Site Area:	__________________ acres
Minus Resource Protection Land: -	__________________ acres
Equals the Adjusted Tract Area: =	__________________ acres
For non-residential uses, skip to impervious surfaces calculations below.

F. Minimum required open space. Determine the required open space for any residential subdivision or land development requiring open space. (Note: Applicants shall also provide recreation land where required by the SALDO.)

Adjusted Tract Area:	__________________acres
Multiply by Percent of Open Space Required by Use Category x	__________________
Equals the Minimum Required Open Space:	__________________acres

G. Number of dwelling units. Calculate the maximum permitted number of dwelling units. The applicant shall not round up unless the number of units calculated is less than one in which case, the applicant may round up to permit one dwelling unit.

Adjusted Tract Area:	__________________acres
Multiply by Maximum Permitted Density: (Table 130-030.A or Article XIII) x	__________________
Maximum Number of Dwelling Units:	__________________ units

H. Impervious surfaces. Calculate the maximum permitted area of impervious surfaces. The maximum permitted impervious surface ratio is found in the Table of Performance Standards set forth herein.

Adjusted Tract Area:	__________________acres
Multiply by Max. Permitted Impervious Surface Ratio: (Table 130-030A or Article XIII) x	__________________
Maximum Permitted Impervious Surfaces (Total Site):	__________________acres

I. Site capacity summary.

Adjusted Tract Area (E):	__________________acre
Maximum Permitted Number of Dwelling Units (Subsection G):	__________________acre
Maximum Permitted Impervious Surfaces (H):	__________________acre
Minimum Required Open Space (F):	__________________acre

J. Exception. As part of a minor subdivision (as defined by the Subdivision and Land Development Chapter), one new residential lot may be subdivided from an existing lot without needing to comply with the adjusted tract area. This exception shall be a one-time exception for a single lot. Only one lot shall be exempt for each lot that existed on or before October 14, 2004. The new lot shall still need to comply with all requirements of this chapter. This exemption shall only apply to a lot approved for one single family detached dwelling. For informational purposes only: for example, if a lot included 10 acres in a district with a one-acre minimum lot size requirement, then one new one-acre lot could be created. However, any future subdivision of the remaining nine acres would need to comply with the adjusted tract area.

Smoke, ash, dust, fumes, vapors and gases

A. There shall be no emission of smoke, ash, dust, dirt, fumes, vapors or gases which violate the Pennsylvania air pollution control laws or other regulations of the Pennsylvania Department of Environmental Protection (DEP) or the U.S. Environmental Protection Agency, as amended.

B. No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot.

Traffic visibility across corners

(1) In all districts, no structure, fence, planting or other obstruction shall be maintained between a horizontal plane two feet above curb level and a horizontal plane seven feet above curb level so as to interfere with traffic visibility across the corner within that part of the required front or side yard which is within a horizontal clear-sight triangle bounded by the two street lines (rights-of-way) and a straight line drawn between points on each such line 25 feet from the intersection of said lines or extension thereof. When one or both streets which form the intersection are classified as collector or arterial highways, the clear-sight triangle bounded by the two street lines and a straight line drawn between points on such line shall be 50 feet along the collector and/or arterial highway from the intersection of said lines or extension thereof.

(2) At each point where a private accessway intersects a public street or road, a clear-sight triangle with a leg of 10 feet back from the street line and 25 feet along the street line, measured from the point of intersection of the street line and the edge of the driveway shall be maintained within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.

Vibrations

A. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines, with the exception of vibration produced as a result of temporary construction activity.

Wetlands and water bodies

A. The Zoning Officer may require an applicant to prove that a suspect area proposed for alteration does or does not meet the state or federal definition of a wetland.

B. A "wetland" shall be defined as provided under federal and state regulations, whichever is more inclusive. Wetlands shall be delineated by persons with professional training and experience in such delineations. The credentials of the person delineating the wetlands shall be submitted to the Township. The Township may require a wetland delineation whenever features are present that may indicate the possible presence of wetlands. When wetlands are present, the applicant shall prove compliance with applicable federal, state and local regulations, as amended. The Township may also require a jurisdictional determination from the US Army Corp of Engineers if deemed necessary by the Township. Refer to Chapter 160 regarding Stormwater Management Ordinance and the provisions therein shall apply.

C. Setback. No buildings, vehicle parking, driveways or business outdoor storage shall be located within 50 feet from the edge of a wetland or the top of a bank of any watercourse, or such greater distance as may be required by applicable federal, state or local statutes, regulations or court orders.

Township of Middle Smithfield, PA

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