Text of Proposed Zoning Changes

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AN ORDINANCE AMENDING THE ZONING ORDINANCE OF DINGMAN TOWNSHIP BY REVISING SIGN REGULATIONS, CLUSTER DEVELOPMENT, ENVIRONMENTALLY SENSITIVE AREAS, NOISE, PARKING, NON-CONFORMING BUILDINGS AND USES, LARGE HOTELS, YARD SALES  AND OTHER MISCELLANEOUS PROVISIONS

 

BE IT ORDAINED by the Dingman Township Board of Supervisors that the Dingman Township Zoning Ordinance shall be amended as set forth below:

 

Article II shall be revised to change the definition of Motor Vehicle Sales

and Service so as to read as follows:

 

            Motor Vehicle Sales and Service - An establishment engaged in the sale, service and/or repair of any motor vehicle as its principal use, including but not limited to sale of new and/or used motor vehicles, auto body shops, repair garages, truck repair garages, agricultural equipment repair, boat repair, and small engine repair.

 

Section 305 shall be revised to reclassify the following Principal

Permitted Uses as Conditional Uses in the RC (Resort Commercial) District on the Schedule of District Regulations:

 

            Essential Services

            Low-Impact Sales and Service Establishments

            Residences Connected to Other Permitted Uses

 

Section 405 shall be revised to change the title and introduction so as to

read as follows:

 

            Section 405 - Cluster Development / Conservation Subdivision

 

            Cluster development, also known as conservation subdivision for purposes of this ordinance, is permitted as a conditional use in some districts. The following rules shall apply in granting such a permit:

 

 

Section 409.5 shall be revised to read as follows:

 

            409.5  Noise. 

 

409.5  Noise.  The  sound level in decibels at the property line shall not exceed sixty-five (65) decibels (dB (A) ) in the NC, ND2, and RC districts and fifty-five (55) decibels (dB (A) )in the CP, RU, and R-1 districts.

 

 

a.         For camps and other seasonal land uses located in residential areas, significant noise generating activities shall be prohibited between the hours of 10 PM and 6 AM. All new land uses shall not generate cumulative sound levels, at or beyond any lot line, that exceeds the ambient noise level by 10 or more decibels (dBA) either continuously or recurs repeatedly and sporadically over a period of eight (8) hours.  Any sound of 5 to 10 decibels above the ambient noise level shall be attenuated or mitigated to the maximum degree practical, as shall be determined by the Township Board of Supervisors during Conditional Use review.  The Board may, as a condition of approval, require additional setbacks, buffers and fencing, or reasonably limit the hours of operation to attenuate or mitigate any potential noise impacts of any proposed use. All noise measurements for purposes of this section shall be verified by a Pennsylvania registered Professional Engineer.

 

b.         The increase in ambient noise level shall be determined for all lot lines at the site where the project is to take place and any other locations as shall be specified by the Zoning Officer, taking into account existing noise generators.

 

c.         The maximum permissible sound levels of this section shall not apply to emergency or security alarms, repair or construction work to provide public utilities, construction operations between the hours of 7:00 AM and 7:00 PM, emergency repairs, agricultural activities other than kennels, motor vehicles when used on public streets in accord with state regulations, aircraft, government authorized public celebrations, unamplified human voices or routine ringing of bells or chimes by a place of worship or similar facility.

 

d.         For camps and other seasonal land uses located in residential areas, significant noise generating activities shall be prohibited between the hours of 10 PM and 6 AM.

 

Section 409.16 shall be revised to read as follows:

 

            409.16  Other Provisions.

 

            Documentation shall be provided by the applicant demonstrating that the project complies with all other applicable local, state and federal regulations, and said proposal has obtained all required permits, certifications and authorizations, including but not limited to the Pa. Department of Transportation, the Pa. Department of Environmental Protection, the Pa. Department of Labor and Industry, the Federal Emergency Management Agency and the U.S. Environmental Protection Agency. Unless waived by the Township Board of Supervisors, documentation shall also be provided as to impacts on any area, condition, or feature which is environmentally sensitive, or which if disturbed during construction would adversely affect the environment. This shall, if required, include a statement of impact upon such critical areas and of any adverse impacts that can not be avoided, identification of environmental protection measures to minimize damage to critical impact areas during and after construction and a listing of steps proposed to implement this measures.

 

Section 410.1 shall be revised to read as follows:

 

410.1  A non-conforming use or building shall be a building, structure or use shall be a land use legally existing at the effective date of this Ordinance, or any amendment thereto. ; or a building, structure or use, planned and construction started in compliance with existing laws prior to the effective date of this Ordinance, or any amendment thereto and completed within a one-year period after the effective date of this Ordinance or Amendment, thereto; and which does not conform with the use regulations of the district in which located . A building, structure or use allowed by variance in a district where it becomes non-conforming with any regulations of this Ordinance shall also be considered a non-conforming use. A non-conforming  building or structure shall be one started in compliance with existing laws prior to the effective date of this Ordinance, or any amendment thereto and completed within a one-year period after the effective date of this Ordinance or Amendment, thereto; and which does not conform with the use regulations of the district in which located. A non-conforming building or structure shall not qualify as a non-conforming use but may be expanded if the non-conformity is not increased as the building is extended.

 

Section 413 shall be revised to read as follows:

 

            Section 413 - Large Hotels, Motels, Inns and Resorts

 

413.1  Standards for Reviews of Conditional Use Application.  The following standards shall be applied by the governing body to all applications for conditional use permits under this Section.

 

a.         The minimum lot or area eligible for such a permit shall be fifty (50) five (5) acres or one acre for every two units, which ever is greater.

 

b.         All buildings and parking areas shall be set back a minimum of 250 100 feet from all public roads and all real property owned by persons or entities other than the hotel owner.

           

c.         All buildings and parking areas shall be screened by natural topography or by      the planting of coniferous matter such as arborvitae, fir, pine, spruce, hemlock or other similar vegetation acceptable to the governing body so as to render the buildings and parking areas invisible to any person standing on any public road or any real property owned  by persons or entities other than the hotel owner. with landscaping approved by the Township.

 

d.         In addition to the parking spaces required for motels and hotels provided in Section 602 there shall be one parking space for each 25 square feet of entertainment area open to non-guests such as theaters, dancing or ballrooms, lecture halls, gaming rooms, convention rooms and eating or restaurant areas. There shall also be one parking space for each racquet ball or tennis court open to non-guests and one parking space for each 200 square feet of indoor or outdoor swimming pool areas, weight rooms, exercise rooms or game rooms or similar   recreation or sports activities.

           

e.         All structures must have the final approval of the Pennsylvania Department of  Labor and Industry or its successor prior to the issuance of a certificate of  occupancy by the Township. The same shall apply to any other state approvals required.

 

f.  There shall be no increase in stormwater runoff from the site over that runoff             existing at the time of the enactment of this amendment.

 

.

g.         All driveways and parking areas shall be constructed in accordance with the following standards:  design and construction standards established by the Township Board of Supervisors in the Township Subdivision and Land Development Ordinance and such other ordinances as may apply.

 

1.  After the sub-grade  has been prepared to the satisfaction of the Township Supervisors or their designee a base course shall be applied (to a width of 26 feet for driveways) consisting of graded crushed stone or shale be compacted to a minimum thickness of six inches by an approved three-wheel roller weighing not less than ten tons. The above standards shall apply unless special conditions shall, in the opinion of the Supervisors or their designee, require a base course thicker than six inches compacted.

 

            2.  A course of bituminous material shall then be applied to the base course when completed (for the full base course width of 26 feet for driveways) said course shall meet the requirements of the Pennsylvania Department of Highways ID2 Form 408 to a compacted depth of one and         one-half inches. A final wearcourse of a depth of one inch of ID2 shall then be applied (to the cartway width of 18 feet for driveways). Shoulders shall be Type Seven as set forth in Form 408.

 

h.         No certificate of occupancy shall be issued until all conditions attached to the permit and all facets of the approved plans have been constructed and completed.

 

Section 418 Environmental Impact Statement shall be deleted and replaced

by the following:

 

            Section 418 - Reserved

 

Section 420.3.B(2) shall be revised to read as follows:

 

B.  Upon the filing of said application it shall be reviewed by the Township Zoning Officer and if found to be complete and accurate, the Zoning officer may        issue the permit which shall be subject to the following restrictions:

 

            (2)  Such permit shall be issued to any one person or group of persons or for any one lot or parcel of land only four (4) times within the calendar year and no such permit shall be issued for more than a two (2) consecutive day period or three (3) consecutive days on a State or Federally recognized holiday weekend such Labor Day; provided, however, that where the sale is to be conducted on a Saturday and Sunday and the sale is completely postponed (for either or both days) because of inclement weather, the sale may be held on the same days of the following weekend. When the sale is being held during the week and such a weather related postponement occurs, the applicant may hold the sale on the next day with appropriate weather.

 

 

Article V shall be revised to read as follows:

 

            Section 501 - Erection and Maintenance of Signs

 

            Signs may be erected and maintained only when in compliance with the provisions of this Article and any and all other ordinances and regulations relating to the erection, alteration, or maintenance of signs and similar devices.

 

            Section 502 - Signs in R-1 District

 

            Unless otherwise provided for in this Ordinance, the following types of signs and no other shall be permitted in the R-1 Low Density Residential Districts. All signs shall be subject to all General Regulations specified in Section 504 506.

 

            502.1   Signs advertising the sale or rental of the premises upon which they are erected, when erected by the owner or broker or any other person interested in the sale or rental of such premises, may be erected and maintained, provided: (1) the size of any such sign is not in excess of six (6) square feet; and  (2) not more than one sign is placed by any broker/realtor (including the owner) upon any property in single and separate ownership, unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage. with a maximum of four (4) such signs per property.

 

            502.2   Signs bearing the word "sold" or the word "rented" with the name of persons effecting the sale or rental may be erected and maintained provided the conditions in subsection 502.1 hereof are complied with and such signs are removed within thirty (30) days after erection.

 

            502.3   Signs of mechanics, painters and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided: (1) the size thereof is not in excess of twelve (12) square feet; and  (2) such signs are removed promptly upon completion of the work.

 

            502.4   Trespassing signs or signs indicating the private nature of a driveway or property provided that the size of any sign shall not exceed two (2) square feet, provided that trespassing signs related to private roads and driveways may be increased to sixteen (16) square feet.

 

            502.5   Signs of schools, colleges, churches, hospitals, sanitariums, or other institutions of a similar nature may be erected and maintained on the same premises to which the signs refer provided:  (1) the size of any such sign is not in excess of fifty (50) square feet; and (2) not more than two signs are placed on a property in single and separate ownership, unless such property fronts upon more than one street, in which event two (2) such signs may be erected on each frontage. Directional signs stating the name and location of such institutions may be erected within the Township as permitted as a conditional use. No such signs shall be greater than six (6) square feet. One changeable message sign for purposes of advertising sermons, activities, events and the like at such institutions, which may be up to thirty-two (32) square feet shall also be permitted. 

 

            502.6   Signs advertising home occupations may not be larger than four (4) square feet, and may include the name, occupation, and logotype or trademark, if appropriate, of the practitioner. This size may be increased to eight (8) square feet along Routes 6 and 739. Such signs shall not be illuminated.

 

            502.7   Signs advertising the sale of farm products when permitted by this Ordinance, On-site signs advertising the sale of farm products at an on-farm stand, provided:  (1) the size of any such sign is not in excess of six (6) square feet; and (2) not more than two signs are used; and (3) the signs shall be displayed only when such products are on sale.

 

            502.8   Nameplates and Identification signs. Signs indicating the name and address of the occupant shall be no larger than two (2) square feet in area.

 

            502.9   Signs erected by the Federal, State, County or municipal government  a government entity to identify a public park or playground as defined in this ordinance, which signs shall not exceed 32 square feet.  No more than one sign per entrance may be erected except that the governmental unit may erect such signs as may be necessary to identify aspects of the park or playground or facilities or amenities located therein of a size of no more than 4 square feet per sign  such size and number as approved by the Dingman Township Board of Supervisors.

 

            Section 503 - Signs in Rural (RU) and Limited Neighborhood Development (ND2) Districts

 

            Unless otherwise provided for in this Ordinance, the following types of signs and no other shall be permitted in RU Rural and ND2 Limited Neighborhood Development Districts: All signs shall be subject to all General Regulations specified in Section 506.

 

            503.1   All signs permitted in Section 502 for Residential District, except and those further provided for herein.

 

            503.2   Signs advertising the sale and rental of the premises on which located provided they do not exceed one (1) per property and thirty-two (32) square feet the limits of Section 502.1 hereof for dwellings or fifty (50) square feet per entrance to a mobile home park.

 

            503.3   Signs advertising or identifying a business or trade, provided they do not exceed three (3) per property and thirty-two (32) square feet each in area. The total area of such signs on a given property, however, shall not exceed one (1) square foot per seven (7) feet of road frontage.

 

503.4      Sign directories for the purpose of advertising three (3) or

more   businesses or trades provided individual directory signs do not exceed 3’ x 6 ‘ or fall below a minimum 1’ x 5’.

 

Section 504 - Signs in Conservation and Parks Districts

 

            Unless otherwise provided for in this Ordinance, the following types of signs and no others shall be permitted in the Conservation and Parks CP District:  All signs shall be subject to all General Regulations specified in Section 506.

 

            504.1   Signs advertising the sale or rental of the premises upon which located, provided they do not exceed one (1) per property and four (4) square feet in area sign by any broker/realtor (including the owner) upon any property in single and separate ownership with a maximum of four (4) such signs per property.

 

            504.2   Name plates not exceeding two (2) square feet in area and one (1) per property.

 

            504.3   Signs for the purposes of identifying the location of a non-residential use, other than Inns, provided such signs are located on the subject premises and relate only to the use of that particular property.  Such signs shall meet the requirements for signs as set forth in Section 505.

 

            504.4   Signs erected by the Federal, State, County or municipal government  a government entity to identify a public park or playground as defined in this ordinance, which signs shall not exceed 32 square feet.  No more than one sign per entrance may be erected except that the governmental unit may erect such signs as may be necessary to identify aspects of the park or playground or facilities or amenities located therein of a size of no more than 4 square feet per sign  such size and number as approved by the Dingman Township Board of Supervisors.

 

            504.5   Signs for the purpose of identifying the location of an Inn, provided such signs are located on the business premises and relate only to the use of that particular property and further provided that such signs do not exceed one (1) double-sided sign per property along a public street and sixteen (16) square feet each side in area.

 

            504.6   Signs for purposes of identifying the location of a public or semi-public use shall be allowed, provided that such signs are located on the subject property and relate only to the use of the property, and shall not exceed two signs per road frontage, with no individual sign exceeding 32 square feet in area.

 

            Section 505 - Signs in Neighborhood Commercial and Resort Commercial Districts

 

            Unless otherwise provided for in this Ordinance, the following types of signs and no others shall be permitted in the Neighborhood Commercial NC and Resort Commercial RC Districts: All signs shall be subject to all General Regulations specified in Section 506.

 

            505.1   All signs permitted in Residential, Rural, and Limited Neighborhood Development Districts except as further provided for herein.

 

            505.2   Signs advertising or identifying business or trade located on the lot upon which the business or trade is located, provided that each sign is no larger than fifty (50) square feet and that there are no more than three (3) signs per property.

 

505.3   Signs erected by the Federal, State, County or municipal government  a government entity to identify a public park or playground as defined in this ordinance, which signs shall not exceed 32 square feet.  No more than one sign per entrance may be erected except that the governmental unit may erect such signs as may be necessary to identify aspects of the park or playground or facilities or amenities located therein of a size of no more than 4 square feet per sign  such size and number as approved by the Dingman Township Board of Supervisors.

 

 

            505.4   Signs for Multiple Use Sites.   The following regulations shall apply with respect to sign requirements within an office complex, shopping center, shopping plaza or mall, or a vehicle dealership of cars, trucks, farm equipment, recreational vehicles, motorcycles or ATV's that have more than one franchise.  The sign requirements are as follows:

           

            a.         Free Standing Sign

                        Free standing commercial signs for office complexes, shopping centers, shopping plazas or malls or vehicle dealerships of cars, trucks, farm equipment, recreational vehicles, motorcycles or ATV's that have more than one franchise are permitted but shall be limited to one (1) sign per street frontage which identifies the entire complex.  Individual offices, stores or franchises within the site are prohibited from having individual free standing signs.  Free standing signs shall not exceed 100 square feet in area; shall be set back not less than twenty (20) feet from the street right-of-way; and shall not exceed the height of thirty-five (35) feet above the highway grade.  Signs under this subsection shall be exempt from Section 506.6 of the Ordinance.

           

b.         Attached Commercial Signs for Individual Stores within a Shopping Center, Shopping Plaza or Mall

                        The minimum lot size required for signs permitted under this subsection shall be 5 acres One (1) wall sign per business or franchise shall be permitted, except that corner businesses may provide an additional business sign on a second wall.  Corner businesses shall be defined as businesses on a corner of a multi-occupant building where two sides face one exterior public roadway.  Each business sign shall be attached to the wall of the building and shall project horizontally not more than 12 inches therefrom: shall have not less than eight (8) nine (9) feet of clearance underneath and shall not be more than twenty (20%) percent of the total area of the portion of any street-facing building face assigned to the business or fifty (50) square feet, whichever is less.  All such signs must be set back at least 50 feet from the property line.  An applicant may increase the size of any sign under this section under the following formula:  for every additional ten (10) feet of set back beyond the first fifty (50) feet, the size of any sign may increase by five (5%) percent up to a maximum of one hundred (100) square feet.  Such attached commercial signs shall not be higher than the top of the building fascia, roof line or parapet upon which they are placed.  Signs under this subsection shall be exempt from Section 504.4 (a) and 506.6 of the Ordinance.

           

            c.         Computation of Sign Area

                        In computing square foot area of a double-faced sign under this section, only one side shall be considered, provided both faces are identical.  If the interior angle formed by the two (2) faces of the double-faced sign is greater than 45 degrees, then both sides of such sign shall be considered in calculating the sign area.  Signs under this subsection shall be exempt from Section 506.11 of the Ordinance.

 

            505.5   Signs advertising the sale and rental of the premises on which located provided they do not exceed one (1) per property road frontage and thirty-two square feet per sign in the Neighborhood Commercial District and sixty-four (64) square feet per sign in the Resort Commercial District. Such signs shall require permits from the Township if intended for the purpose of continually advertising rentals on the premises.

 

            505.6  Signs listing  the developer, general contractor, major subcontractors, financial partners and similar firms on the premises on which commercial development is taking place provided they do not exceed  one (1) per property road frontage and do not exceed thirty-two square (32) feet per sign.  Such signs shall require a zoning permit which may only be issued after zoning approval and subdivision and land development plan approval have been granted by the Township for the project. Such signs must be removed within 60 days of completion of the project.

 

            505.7   Signs announcing the name and nature of a proposed commercial development on the premises on which commercial development is taking place provided they do not exceed  one (1) per firm per property road frontage and do not exceed fifty (50) square feet per sign.  Such signs shall require a zoning permit which may only be issued after zoning approval and subdivision and land development plan approval have been granted by the Township for the project.  Such signs must be removed within 60 days of completion of the project.

 

           

            Section 506 - General Regulations for all Signs

 

            The following regulations apply to all permitted sign uses:

 

            506.1   Signs must be constructed of durable material, maintained in good condition and not allowed to become dilapidated.

 

            506.2   No sign shall be placed in such a position that it will cause danger to traffic on a street by light strobing, obscuring the view or otherwise causing a distraction due to the intensity of the color, lighting or design as shall be determined by the Zoning Officer based on industry and planning best practices related to sign construction and placement.

 

            506.3   No sign, other than an official traffic sign, shall be erected within the right-of-way lines of any public street, unless authorized by the Township Board of Supervisors for a special purpose except as provided for in Section 513 herein. Traffic and directional signs on private streets shall be subject to the regulation of the owners of such streets.

 

            506.4   No sign shall project over a public sidewalk area more than eighteen (18) inches.

 

            506.5   Overhead signs shall be at least nine (9) feet high, measured from the ground or pavement to the bottom-most part of the sign.

 

            506.6   No sign shall exceed the height of twenty (20) feet as measured from the ground or pavement of the immediately adjoining street to the top-most part of the sign.

 

            506.7   No permit shall be required for the erection, alteration or maintenance of any signs as permitted in  Sections 502 and 504 in Residential District

 

            506.8   A permit is required for all other signs unless otherwise exempted by this ordinance.

 

            506.9   Each sign shall be removed when the circumstances leading to its erection no longer apply.

 

            506.10  Signs located on the interior of a property and not visible in any way from a State or Township Highway or neighboring property shall not be regulated by this Article.

 

            506.11  Each side of a two sided sign shall be considered to be a separate sign for purposes of calculating sign numbers. Notwithstanding this, Section 505.4.c shall apply with respect to sign area calculations.

 

            506.12  The area of the sign shall be construed to include all lettering, wording and accompanying designs and symbols together with the background whether opened or enclosed of which they display, but not including any subordinate framework or bracing incidental to the display itself.

 

            506.13  Where the sign consists of individual letters or symbols attached to the building, wall or window, the area shall be considered to be that of a smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.

 

            Section 507 – Lights Lighting and Electronic Messaging

 

            No flashing or oscillating light shall be permitted that by reason of intensity, color, location or movement or direction of its beam may interfere with or abrogate public safety. Business, advertising and other signs may include electronic messaging subject to conditional use review and approval and the following:

 

            507.1   Electronic message signs shall not display animation, flash or blink, scroll or have intermittent or full motion video. Motion shall be limited to the transition from one message to another.

 

            507.2   Electronic message signs of more than twenty (20) square feet in sign area shall be equipped with light sensors capable of measuring ambient light levels and dimming devices that shall lower the brightness of the sign based on the measured ambient light to minimize the brightness level required to make the sign visible. The dimming device shall minimize the illumination used to the lowest level necessary to make the sign conspicuous and visible during both daytime and nighttime hours. At no time shall the brightness level of any electronic message sign constitute glare.

 

            507.3   No electronic message sign of more than twenty (20) square feet in sign area shall be located within 500 linear feet of any other electronic message sign on either side of a street.

 

            507.4   Electronic message signs of more than twenty (20) square feet in sign area shall be located at least 150 feet from any existing dwelling located in the direct line of sight of the advertising on the same side of a street.

 

            507.5   Transitions for electronic message signs shall fade and content shall not change more than once every ten (10) seconds with a transition time of not more than two (2) seconds.

 

            507.6   No electronic message signs shall display any interactive message such as a message requesting that the viewer call a number for a chance to win a prize or claim a reward. Notwithstanding the foregoing, an Amber Alert message or similar message provided by a governmental entity on an electronic message sign shall not be considered an interactive message.

           

Section 508  -  Non-Conforming Signs

Any sign not in conformance with these regulations shall be removed within five (5) years of the date of enactment of this Ordinance. The Township shall be authorized to remove said signs after a notice has been sent to the owner by certified mail at his last known address and a period of thirty (30) days has elapsed with no action to remove the sign by the owner.

 

Section 508 - Semi-Public, Historic and Natural Feature Identification Signs

 

            In any zone, semi-public, historic and natural feature identification signs shall be permitted as a conditional use. Non-commercial signs, under this Section, shall be defined as any signs that do not relate to a product, service, attraction or activity that is available to the public, or a portion thereof, for sale or rental. Any such signs shall be no greater than thirty-two (32) square feet in size on any one side.  In determining whether or not the conditional use shall be granted, the governing body shall apply the standards set forth in Section 404.

 

Section 509 Non-Commercial Signs

In any zone, non-commercial signs shall be permitted as a conditional use. Non-commercial signs, under this Section, shall be defined as any signs that do not relate to a product, service, attraction or activity that is available to the public, or a portion thereof, for sale or rental. Any such signs shall be no greater than thirty-two (32) square feet in size on any one side. They shall be no closer than ten (10) feet to the street line of any abutting streets and shall be no closer than one thousand (1,000) feet to any other sign that is permitted or non-conforming.  In determining whether or not the conditional use shall be granted, the governing body shall apply the standards set forth in Section 404.

 

Section 510 509 –  Off–site Advertising

 

            Off-site advertising signs shall be permitted as a conditional use on along Routes 6 and 739 only in the Neighborhood Commercial and Resort Commercial Districts and in no other locations. Any such signs shall be no greater than fifty (50) four-hundred-fifty (450) square feet in size on one side. They shall be no closer than ten (10) fifty (50) feet to the street line of any abutting streets and shall be no closer than one thousand (1000)  five hundred (500) feet to any other such sign that is permitted or non-conforming, excepting that double-faced signs shall be permitted and provided no off-site advertising sign shall be placed closer than two-hundred (200) feet from any existing dwelling. In determining whether or not the conditional use shall be granted, the governing body shall apply the standards set forth in Section 404.

 

            Section 511 510 - Temporary Signs

 

            511.1  510.1 Any sign(s) that refers to a particular and specific event, campaign, promotion or activity may be erected as a permitted use for a period not to exceed ninety (90) days, provided that the sign(s) otherwise complies with the provisions of this Article. This Section shall not, however, apply to signs regulated by Sections 502.1,  502.2  and 502.3

 

            511. 2  510.2   A bond for the timely removal of any temporary sign shall be posted in accordance with a fee schedule established by resolution of the Board of Supervisors from time to time. In the event that temporary sign is not removed as required herein, the Zoning Officer or his or her designate may have it removed, and the reasonable cost of such removal will be deducted from the bond. The applicant will then be required to replenish the amount of bond used for the removal of the sign before any new signs are erected. Before placing any temporary sign on any property not owned by the person  wishing to place the sign, written permission of the property owner must be obtained. No free-standing temporary signs may be illuminated, and all temporary signs must be kept in good repair.

 

            Section 512  511 - Multi-Family Dwelling Signs

 

            One (1) Two (2) signs identifying a multi-family dwelling project shall be permitted on the premises of the project provided such signs do not exceed thirty-two (32) square feet in size. One (1) sign identifying each residential building shall also be permitted, provided such sign shall not exceed one (1) square foot in size and shall be attached to the building. One sign for each common recreational building, structure, or area shall be permitted not to exceed six (6) square feet.  Traffic control, directional and parking signs shall be allowed without permits on interior roads. ”NO TRESPASSING" signs not to exceed sixteen (16) square feet, shall also be permitted on the premises.  All signs allowed under this section shall be permitted uses.

 

            Section 513   512- Private Community Development Signs

 

            The following signs shall be permitted in Private Community Developments, being any development with ten (10) lots or more and having a private road access:

 

            (a)  512.1         Two community entrance signs, which identify the  development, shall be permitted within the right-of-way of a private development road and shall not exceed thirty-two (32) square feet.

 

            (b)  512.2         No trespassing signs may also be permitted within the right-of-way of a private development road and shall not exceed sixteen (16) square feet.

 

            (c)  512.3         One (1) building identification sign for each building in the development showing the building name, number or letter shall be permitted and shall not exceed one (1) square foot.

 

            (d)  512.4         One (1) identification sign per recreational building shall be permitted and shall not exceed six (6) square feet.

 

            (e)  512.5         All signs allowed under this section shall be a permitted use.

 

            Section 514  513 - Attraction Signs

 

            The Dingman Township Zoning Ordinance hereby incorporates into this ordinance PennDOT Traffic Engineering and Operations Manual, Chapter 1, Section 7 “Tourist Oriented Directional Signing (TODS) Policy”, and any future amendments thereto, by reference thereto.  A copy of that manual is attached hereto, made a part hereof and is marked Appendix “A”.   Attraction signs, for which a permit is previously obtained from PennDOT, are hereby permitted subject to the following conditions:

            a.  513.1          No sign shall exceed 48” by 16”.

 

            b.  513.2          No attraction signs shall relate to locations outside of the Dingman Township, other than neighboring municipalities with which Dingman Township has a reciprocal agreement.

 

            c.  513.3          The location of all signs, as permitted by PennDOT, shall be subject to the approval of the Road Master of Dingman Township.

 

            d.  513.4          Attraction signs will only be permitted on state highways.

 

            e.  513.5          All costs associated with such signs including, but not limited to, construction of the sign, installation, maintenance, replacement, state permit fees and township fees shall be paid by the applicant.  The Township will not be obligated to pay any fees or costs for signs erected under this provision.

 

            Section 515  514Public Interest, Political and Religious Signs

 

            The following section is intended to provide for political and religious signs pursuant to Pennsylvania and U.S. Supreme case law:

a.   Political signs shall be defined as temporary signs relating to the election of a person to public office, or a political party, or a matter to be voted upon at an election by the general public, or a limited group thereof or an issue of concern to the general public. The person, organization, party or entity responsible for any such signs shall complete and file with the Township a disclosure form, as provided by the Township, which lists the candidates or issues that the signs will support and gives the name, address, telephone number and/or e-mail address of such responsible person, party or entity. Political signs shall otherwise be exempt from the permit requirements of this ordinance, provided that no sign shall be displayed for more than twenty-one (21) days following the election for which it is erected, if applicable. Such signs may not:

            514.1   Public interest, political and religious signs designed for permanent placement shall be permitted subject to the foregoing provisions pertaining to other signs. Political and religious signs designed for temporary placement relating to an event, or a political or religious issue of concern to the general public shall be governed by this Section 514.1. The person, organization, party or entity responsible for any such signs shall complete and file with the Township a disclosure form, as provided by the Township, which gives the name, address, telephone number and/or e-mail address of such responsible person, party or entity. Temporary public interest, political and religious signs shall otherwise be exempt from the permit requirements of this ordinance, provided that no sign shall be displayed for more than twenty-one (21) days following the event for which it is erected, if applicable. Such signs may not:

 

a.         Be placed closer than five (5) feet to the curb line or edge of pavement, as applicable.

 

b.         Be placed in a location where they create a traffic hazard.

 

c.         Exceed thirty-two (32) square feet in size.

 

d.         Exceed two (2) signs per candidate or issue per property.

 

e.         Be placed on any on any utility pole, streetlight pole, traffic or parking sign or device, including any post to which such sign or device is attached, historical marker, or tree in the public right-of-way.

 

            514.2   Violation of any provision of this section shall subject the responsible person, party or entity to the enforcement powers of this ordinance including, but not limited to, the removal cost provisions of 510.2, Section 706 and Section 707.

 

            Section 516 515  - Day Care Facilities Uses and Minor Day Care Uses

 

            A  515.1           Day Care Facilities - Day Care Facility signs shall be limited in size and number to that generally permitted for a business in the subject district.

 

            B  515.2           Minor Day Care Uses:

 

a.         1.  Minor Day Care Use signs shall not exceed one double-sided sign of a size not to exceed six (6) square feet.

 

b.         2.  Signs indicating parking areas, the direction of traffic flow, the location of a building entrance, etc. shall be permitted provided that the sign does not exceed two (2) square feet in size and does not contain the company name, logo, or any form of advertising. Such signs shall not require permits.

 

 

Section 602 shall be revised to read follows:

 

Section 602 – Parking Facilities Required

 

            Any structure or building hereafter erected, converted, or enlarged for any of the following uses, or any open area hereafter used for commercial purposes, shall be provided with not less than the minimum spaces, as set forth below, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number. The Township Board of Supervisors may modify these requirements, however, based on competent surveys, data from the Institute of Transportation Engineers and similar sources to accommodate special needs, accommodate shared parking arrangements or otherwise ensure adequate parking for a particular use.

 

USE                                                                  Parking Space Required

 

Bowling Alley                                                  5 vehicle spaces for each alley

Camps                                                             0.25 spaces per camper and 0.50 per employee

Churches, theaters stadiums and other         1 per every 3 seats

places of assembly

Drive-in eating facilities                                 3 per employee

Food markets and grocery stores                   1 per 100 sq. ft. of public floor area for                                                                                 public use

Funeral homes                                                1 per 100 sq. ft. of public floor area

 

Golf courses and other commercial               1 per every 2 persons for whom playing area

outdoor recreation enterprises                                  is provided

Home occupations                                          1 per additional employee other than                                                                                               occupant                    

Hospitals                                                         1 per bed plus 1 per employee

Inns                                                                  1 per guest room and 1 for every 2.5   restaurant / bar seats

Kennels                                                            2 for every 10 animal spaces plus 1 per employee

Industrial establishments                                1 per employee on largest shift

Model homes                                                  2 spaces for every model home

Motels, hotels, boarding houses                     1 per guest room unit

Office building                                                            1 per 200 sq. ft. of floor area

Personal services                                            4 parking spaces each

Recreational buildings                                                1 per 200 sq. ft. of floor area

Residential                                                      2 per dwelling unit

Restaurant and taverns                                  1 for every 2.5 restaurant / bar seats

Retail business                                                1 per 200 sq. ft. of floor area for public use

Schools                                                            1 per every 15 classroom seats

Service stations and garages                          1 per 100 sq. ft. of floor area

Swimming pools                                              1 per 10 sq. ft. of water surface

Wholesale and trucking establishments         1 per employee on largest shift

 Boat Livery                                                     1 per watercraft available for rent, plus 1 per                                                                      200 sq. ft. of associated buildings

Day Care Facilities and Minor Day Care Uses   1 parking space per employee and 1 for

                                                                            every five individuals under care.

 

 

 

 

 

Revise Section 603 to read as follows:

 

            Section 603 - Loading and Unloading Space

            603.1  In addition to the off-street parking space required above, any building erected, converted or enlarged in any district for commercial, office building, manufacturing, wholesale, hospital or similar uses, shall provide adequate off-street areas for loading and unloading of vehicles. The minimum size loading space, where required, shall be sixty (60) feet in depth, twelve (12) feet in width, with an overhead clearance of fourteen (14) feet. In no case where a building is erected, converted or enlarged for commercial, manufacturing, or business purposes shall the public rights-of- way be used for loading or unloading of materials.This provision may be waived in the case of uses determined by the Township Board of Supervisors to not involve significant large truck deliveries.

            603.2   The minimum size loading space, where required, shall be sixty (60) feet in depth, twelve (12) feet in width, with an overhead clearance of fourteen (14) feet. In no case where a building is erected, converted or enlarged for commercial, manufacturing, or business purposes shall the public rights-of- way be used for loading or unloading of materials.

Section 702.1 shall be revised to read follows:

 

            702.1   Requirements of Permits  -  A building and/or zoning permit shall be required prior to the erection, addition, or alteration of any building or portion thereof; prior to the use or change in use of a building or land; and prior to the change or extension of a non-conforming use. It shall be unlawful for any person to commence work for the erection or alteration of any building or for a change in land use, until a permit has been duly issued therefore. No Zoning Permit shall be required in cases of normal maintenance activities, minor repairs and alterations which do not structurally change a building or structure.