The regulations contained within this article
shall apply to all uses in all zones within the Township.
A.
Alternative energy systems. Except for those contained
on farms, wind energy conversion systems (WECS) shall not be permitted
in the front yard of any property. Height regulations do not apply
to WECS units, provided that the height of the WECS unit shall not
be greater than the shortest distance measured along a horizontal
plane from the unit to any lot line. WECS units may be placed on the
roof of any structure, provided that the perimeter of the unit does
not cover more than 25% of the roof area of the structure on which
the WECS unit is placed. The additional height extension shall be
so positioned that the height of the WECS unit above the ground is
less than the distance measured along a horizontal plane from such
unit to any lot line. All transmission lines to and from any freestanding
WECS unit or any supporting building or structure shall be buried
underground. Solar energy units shall be permitted in any zone and
subject to the requirements of that zone.
B.
Garage/yard sales. Within any zone, an owner and/or
occupant may conduct no more than two garage/yard sales events per
calendar year. No garage or yard sale shall be conducted for a period
longer than three consecutive days and/or sales event. Such sales
may offer for sale personal possessions; no import or stocking of
inventory shall be permitted. Only three six-square-foot signs advertising
the garage/yard sale shall be permitted. Such signs shall be permitted
no more than two days prior to the sale and shall be removed promptly
upon the completion of the sale. Either of the two permitted signs
located off the site upon which the garage/yard sale is conducted
shall be erected only with permission of the owner of the property
upon which such sign(s) is to be placed. In no case shall any aspect
of the garage/yard sale be conducted in a street right-of-way, except
that parking may occur where permitted. The conduct of garage sales
beyond the extent described herein represents a commercial business
and requires appropriate zoning authorization. No separate permit
shall be required for garage/yard sales conducted in accordance with
the restrictions contained herein.
C.
Satellite dish antennas. Satellite dish antennas are
subject to all accessory use standards. Furthermore, any satellite
dish antenna located within the A/RR, VR or NC Zone shall be used
only to receive signals, not transmit them. All ground-mounted satellite
dish antennas located within the GC or I Zone that are used to transmit
video format data shall be completely enclosed by an eight-foot-high
nonclimbable fence that includes signage warning of dangerous radiation
levels. Any gates within the fence shall be locked when unattended.
Satellite dish antennas within the NC, GC or I Zone shall comply with
all principal use standards.
D.
Swimming pools. No permanent swimming pool shall be
permitted without an operable filtration system using chlorine, bromine,
another antibacterial agent, or other system which removes or kills
bacteria. All swimming pools shall be completely enclosed by a minimum
four-foot-high fence or wall with a self-closing and lockable gate;
however, this does not apply to aboveground pools having a wall measuring
four feet above the surrounding grade and having a retractable ladder.
Such fence or wall shall be erected before any pool is filled with
water. For lots less than one acre in area, all pools must be set
back at least 10 feet from all lot lines; for all other lots, pools
must be set back at least 25 feet from all lot lines. No water from
a pool shall be discharged onto any public street or alley. These
requirements shall not apply to man-made ponds, lakes or other impoundments,
unless the primary purpose for their construction is swimming.
E.
Tennis courts. All tennis courts shall include an
open-mesh permanent fence 10 feet in height behind each baseline.
Such fence shall extend parallel to said baseline at least 10 feet
beyond the court's playing surface unless the entire court is enclosed.
Any lighting fixtures shall be arranged to prevent objectionable glare
on adjoining property.
Commercial forestry is permitted in all zoning
districts subject to the following criteria:
A.
All commercial forestry operations shall be done only
by the applicant or a logger under contract to the applicant and in
accordance with a forest management plan prepared by a qualified forester,
which plan has been approved by the Township. A copy of the forest
management plan shall be filed with the Township prior to the start
of any site work. The applicant or logger shall first obtain a permit
from the Zoning Officer. All forestry operations shall only be conducted
in accordance with the approved forest management plan.
B.
With respect to any tract or tracts of land for which
a forest management plan, which plan includes commercial forestry
operations, and for which a zoning permit is issued, and pursuant
to which any commercial forestry operation is conducted, such tract
or tracts shall not be subject to or permitted any other use under
this chapter (including other permitted uses in said zoning districts)
until certification by the Township Zoning Officer of the successful
completion of the reforestation portion of the approved forest management
plan.
C.
Before the commercial forestry operation is undertaken
as part of an approved forest management plan, the applicant(s)/owner(s)
shall submit to the Township, fully executed and acknowledged, in
recordable form, a restrictive covenant (along with a check in the
amount of the fees for recording said restrictive covenant and required
attachments in Northampton County Courthouse for the recording of
such instruments) in which the landowner(s) acknowledge(s), covenant(s),
and agree(s) on behalf of him/herself or themselves and his/her/their
respective heirs, assigns, grantees, vendees, and successors that:
(1)
All commercial forestry operations will be conducted
only in accordance with this chapter and the approved forest management
plan, a conformed copy of which plan shall be attached to the restrictive
covenant;
(2)
As soon as practical, and consistent with sound forest
management practice, after the conclusion of the commercial forestry
operation, the applicant(s)/owner(s) shall cause to be implemented
the reforestation portion of the approved forest management plan;
and
(3)
Until the completion of the reforestation portion
of the approved forest management plan, including the reforestation
period set forth therein, the tract(s) or parcel(s) of land which
was/were the subject of the commercial forestry operation shall be
put to no other use, including but not limited to any use which would
otherwise be a permitted use (whether by right, special exception,
or conditional use) for said land in the zoning district in question.
D.
Each application, each forest management plan, and
the commercial forestry operation itself shall comply with each of
the following requirements:
(1)
The applicant must be the owner of the land on which
the commercial forestry operation is proposed.
(2)
It is recognized that an essential element of any
forest management plan which includes a commercial forestry operation
is a reforestation plan, and it is understood that the reforestation
process after a commercial forestry operation may take a number of
years, depending upon the principal variety or varieties of trees
cut and to be reforested, as well as other factors. The forest management
plan submitted in support of a proposed commercial forestry operation
shall identify the principal variety or varieties of trees intended
to be cut and identify, as part of the forest management plan, the
reforestation process or processes to be employed and specifically
identify, with respect to each principal variety of tree to be reforested,
the method or methods of reforestation to be employed and the recommended
reforestation period in terms of years. The intent of this portion
of this chapter is that when commercial forestry is the proposed intended
use of a tract or tracts of land it must be understood by the landowner(s)
that, with respect to commercial forestry operations undertaken as
part of a forest management plan, the appropriate reforestation period
is deemed to be an essential part of any such forest management plan
and, therefore, the commercial forestry use will be deemed to be a
continuing use until the completion of the reforestation period set
forth therein. Therefore, during the approved reforestation period
no other use will be permitted of such tract(s) of land.
(3)
The commercial forestry operation shall be by the
selection method. Clear-cutting is prohibited.
(4)
An erosion and sedimentation control plan designed
to prevent erosion and sedimentation during and after the commercial
forestry operation shall be submitted to and approved by the Northampton
County Conservation District. The approval of this erosion and sedimentation
control plan by the Northampton County Conservation District is a
condition precedent to action by the Board of Supervisors on the conditional
use application.
(5)
All cutting, removing, skidding, and transporting
of trees shall be planned and performed in such manner as to minimize
the disturbance of or damage to other trees and vegetation and the
land itself.
(6)
Roads and trails shall be constructed, maintained,
and abandoned in such manner as to prevent soil erosion and damage
to soil and waterways.
(7)
Roads and trails shall be only wide enough to accommodate
the type of equipment used and grades shall be kept as mild as possible.
(8)
Where possible, stream crossings shall be avoided.
However, where deemed necessary, crossing shall be made at right angles
utilizing suitable culverts or bridges.
(9)
Skidding across live or intermittent streams is prohibited,
except across bridges or culverts.
(10)
No-logging buffer zones of 50 feet shall be
maintained on the property on which the commercial forestry operation
is being conducted along all streets and abutting properties. Except
for the construction and use of roads and trails described in the
approved forest management plan, no trees shall be cut, removed, skidded,
or transported within a no-logging buffer zone.
(11)
No-logging buffer zones of 25 feet shall be
maintained along all streams or historic or scenic trails and around
the perimeter of all springs. Except for the construction and use
of roads and trails described in the approved forest management plan,
no trees shall be cut, removed, skidded, or transported within a no-logging
buffer zone.
(12)
No-logging buffer zones of 10 feet shall be
maintained along both sides or any natural or man-made swale or drainage
ditch. Except for the construction and use of roads and trails described
in the approved forest management plan, no trees shall be cut, removed,
skidded, or transported within a no-logging buffer zone.
(13)
Everything practicable shall be done to prevent
damage or injury to young growth and trees not designated for cutting.
(14)
All limbs and stubs shall be removed from felled
trees prior to skidding.
(15)
All trees bent or held down by felled trees
shall be released promptly.
(16)
No trees shall be left lodged in the process
of felling. Damage to remaining trees shall be minimized.
(17)
Felling or skidding on or across property of
others is prohibited without the express written consent of the owners
of such property. Felling or skidding on or across any public street
is prohibited without the express written consent on the Township
in the case of Township streets or the Commonwealth of Pennsylvania
Department of Transportation in the case of commonwealth streets.
(18)
No tops or slash shall be left within 50 feet
of any public street or adjoining property, within 25 feet of any
stream or historic or scenic trail, or within 10 feet of any natural
or man-made drainage ditch.
(19)
The stumps of all felled trees shall be permitted
to remain in the soil for stabilization purposes.
(20)
During periods of abnormal forest fire danger,
as determined by the Lehigh Township Fire Chief, the Township shall
have the right to order a suspension of all commercial forestry operations
until the danger subsides.
(21)
Littering is prohibited. During and upon completion
of a commercial forestry operation, all cans, bottles, paper, garbage,
and other litter of any type shall be removed from the property and
properly disposed of.
(22)
Upon completion of a commercial forestry operation,
all roads shall be graded to eliminate all wheel ruts, and access
to such roads from any public street, by motor vehicles of any kind,
shall be effectively blocked.
E.
Before any permitted commercial forestry operation
begins, all trees which are to be felled in connection therewith shall
be clearly marked on the trunk and the stump so that the same may
be easily identified both before and after a tree has been felled.
No tree shall be felled which has not been designated for removal
on the forest management plan as finally approved by the Board of
Supervisors.
F.
The holder of a zoning permit to conduct a commercial
forestry operation shall notify the Township, in writing, not less
than 48 hours before the cutting of any trees is to begin in connection
with the construction of roads or trails.
G.
The holder of a zoning permit to conduct a commercial
forestry operation shall notify the Township, in writing, not less
than 48 hours before the cutting of trees for removal from the site
is to begin.
H.
The holder of a zoning permit to conduct a commercial
forestry operation shall notify the Township, in writing, not less
than 48 hours in advance of the expected suspension of the logging
operation for more than five consecutive working days for reasons
other than weather conditions.
I.
The holder of a zoning permit to conduct a commercial
forestry operation shall notify the Township, in writing, at least
one week in advance of the expected completion date of the commercial
forestry operation and shall notify the Township, in writing, immediately
upon said operation's completion.
J.
The Township may, by its own personnel or outside
persons hired for the purpose, go upon the site of any commercial
forestry operation after an application to conduct such operation
has been filed for the purpose of reviewing the plans for the proposed
operation and thereafter recommending or opposing the proposed operation
or recommending or requiring changes or modifications thereto.
K.
After a zoning permit for a commercial forestry operation
has been issued, the Township shall have the right, by utilizing its
own personnel or outside persons hired for that purpose, to go upon
the site before, during, and after the commercial forestry operation
to ensure and require compliance with the plans for said operation
as finally approved and all other terms and provisions of this chapter.
In those instances where common open space is
required elsewhere in this chapter, or when an applicant proposes
the use of common open space, such common open space shall comply
with the following regulations:
A.
Proposed common open spaces shall be designed and
arranged to achieve at least one of the following objectives, and
the applicant shall demonstrate those specific measures employed to
achieve these objectives:
(1)
The protection of important natural resources (e.g.,
streams, ponds, wetlands, steep slopes, woodlands, unique geologic
features, wildlife habitats, aquifer recharge areas, etc.);
(2)
Protection of important historical and/or archaeological
sites;
(3)
Provision of usable play and recreation areas that
are conveniently accessible to residents within the development and
the Township; and
(4)
Integration of greenbelts throughout the development
that link residences with on-site or adjoining parks, schools, or
other similar features.
B.
An essential element of the use of common open space
is a written description and plan for the disposition of ownership
of common open space land designating those areas to be offered for
dedication or to be owned by the specific form of organization proposed.
The common open space(s) shall be accomplished through one of the
following:
(1)
An offer of dedication to the Township. The Township
shall not be obligated to accept dedication of the common open space;
(2)
With permission of the Township, and with appropriate
deed restrictions in favor of the Township and in language acceptable
to the Township Solicitor, the developer may transfer ownership of
the common open space or a portion thereof to a private, nonprofit
organization among whose purposes is the preservation of common open
space land and/or natural resources. The organization shall be a bona
fide conservation organization. Any such conveyance must contain appropriate
provision for reverter or retransfer if the organization is unable
to maintain the land or if the organization shall cease to exist,
and the organization must enter into a maintenance agreement with
the Township; or
(3)
The developer shall provide for and establish an organization
for the ownership and maintenance of the common open space which shall
be generally consistent with the requirements for unit owners' associations
found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101
et seq. If such an organization is created, the agreements of sale
and deeds for all lots shall contain the following requirements in
language acceptable to the Township Solicitor:
(a)
Such organization shall not dispose of the common
open space by sale or otherwise, except to the Township, unless the
Township has given prior written approval. Such transfer shall be
made only to another organization which shall maintain the common
open space in accordance with this chapter;
(b)
The organization and all lot owners shall enter into a maintenance agreement with the Township and shall agree to be bound by the provisions of Article VII of the Pennsylvania Municipalities Planning Code[1] relating to maintenance of deteriorating common open space
by municipalities; and
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(c)
The Township may require the establishment of
a reserve fund to provide for the maintenance of, or capital improvements
to, the common open space.
A.
A front yard, as provided for in each of the zoning
districts, shall be required along one street on which a corner lot
abuts; the other frontage shall be a side yard with street designation,
and the requirement for the side yard with street will be no less
than the front yard requirement for the lot.
B.
On any corner lot, no wall, fence, or other structure
shall be erected, altered, or maintained and no hedge, tree, or other
growth shall be planted or maintained which may cause danger to traffic
on a street by obscuring the view. On corner lots, no such structure
or growth shall be permitted within an area formed by a triangle where
two of the legs of the triangle extend 100 feet along the street center
lines from the center line of the intersection of the two intersecting
streets and the other leg connects to the ends of the one-hundred-foot
legs as defined previously.
A.
Permit required; enforcement.
(1)
No new driveway shall be constructed and no existing
driveway shall be relocated or modified without first securing a permit
from the Township. Applications shall be made to the Zoning Officer
for a permit under this section by filling out the appropriate application
form and by submitting the required fee established by resolution
adopted by the Board of Supervisors, together with any additional
information required by the Zoning Officer at the time of submission
of the application.
(2)
Construction authorized by Township permit for a driveway
shall be performed at such time and in such a manner as to conform
to all Township requirements and standards. Such work will be approved
only by the designated Township official appointed by the Board of
Supervisors and upon receipt of written completion notice from the
permittee. Any action inconsistent with the provisions of this section
or other pertinent Township ordinances shall be subject to a cease
and desist order issued by the Board of Supervisors or its authorized
representatives. If at any stage of the work the designated Township
official or Zoning Officer determines that the facilities are not
being installed in accordance with the approved permit, the Township
shall revoke any existing permits until a revised permit is submitted
and approved or unless the installation is corrected within 30 days
of date of notification by the Township to conform to the approved
permit.
B.
All driveways shall be placed, constructed, and improved
so as to provide adequate drainage along the roadway so as not to
adversely affect neighboring properties and the Township or commonwealth
roadways.
C.
Driveways shall not be located closer than five feet
to any property line and shall be a minimum 10 feet and maximum 22
feet in width.
D.
Grades.
[Amended 6-14-2011 by Ord. No. 2011-1]
E.
Drainage. Adequate provisions shall be made to maintain
uninterrupted parallel drainage along a public street at the point
of driveway entry.
F.
State permit. Where access is to a state highway,
a PennDOT highway occupancy permit shall be obtained.
G.
Subdivision. Where driveways are proposed as part of a subdivision or land development, the provisions of Chapter 147, Subdivision and Land Development, shall also be met. If there are any conflicts between the requirements of this chapter and Chapter 147, Subdivision and Land Development, the stricter provisions shall apply.
H.
Sight distance for driveways.
(1)
A triangular area bounded by the center line of the
intersecting driveway and the street center line and a diagonal connecting
two points, one of which is on the driveway center line and the other
of which is on the street center line, shall be graded and shall be
free of sight obstructions, including fences, and vegetation so that
vision between the ground level and a height 10 feet above the center-line
grades of the driveway and street is not obscured.
(2)
This sight triangle shall be protected by deed restriction,
lease restriction, or plan amendment (whichever method is applicable).
(3)
The sight triangle point set on the driveway center
line shall be 30 feet from the center line intersections of the driveway
and the street. The point set on the street center line shall be one
of the following distances from the center-line intersection of the
driveway and the street:
[Amended 6-9-2009 by Ord. No. 2009-3]
No more than one principal use shall be permitted
on a lot within any agricultural or residential zoning district (Agricultural
Rural Residential, Village Residential, and Blue Mountain Conservation
Districts), except as otherwise provided for in those districts. No
more than one principal use shall be permitted on a lot with a single-family
dwelling located within a commercial or industrial zoning district
(General Commercial, Neighborhood Commercial, Office Business, or
Industrial). More than one principal use may be permitted on a single
lot within a commercial or industrial zone (General Commercial, Neighborhood
Commercial, Office Business, or Industrial), provided that all lot
and yard requirements, standards and other requirements of this chapter
shall be met for each structure as though it were on an individual
lot. In addition, each use must receive land development approval
and provide for individual methods of sewage disposal.
A.
A flag lot is a lot typified by having a narrow "pole"
portion connecting to a public street which expands to a width equal
to or greater than the minimum lot width along the majority of the
lot and meeting the requirements for the zoning district in which
the premises are located.
B.
A flag lot shall be utilized solely for the construction
of one single-family detached dwelling and no other principal use.
C.
The width of the pole (meaning the narrow portion
of the lot connecting the street to that portion of the lot which
complies with the minimum lot frontage), measured along the right-of-way
line, shall be not less than 20 feet nor greater than 32 feet. The
width of the pole shall not exceed 32 feet at any point, nor shall
it be less than 20 feet.
D.
The length of the pole portion of the lot shall not
be longer than 300 feet.
E.
No portion of the lot, beyond the pole, shall have
a width, measured as the shortest straight line between side lot lines,
less than the minimum required lot width for the zoning district in
which the premises are located.
F.
The front building setback shall be measured from
the lot line closest to the street to which the pole connects and
which defines an edge of the flag, or buildable, portion of the lot.
The space between this front building setback line and the line from
which it is measured shall serve as the front yard of the lot.
G.
The area of the pole portion of the lot shall not
be included in minimum required lot area.
H.
No more than one flag lot shall be permitted within
a distance of 500 feet from any other flag lot, whether existing or
proposed. This limitation shall apply to the pole portions of such
lots which are located on either side of the same street.
I.
In a major subdivision, one flag lot may be permitted
within 15 lots, two flag lots may be permitted within a thirty-lot
subdivision, and so on in incremental steps of one flag lot per 15
lots. The five-hundred-foot isolation distance between flag lots may
be waived by the Board of Supervisors, upon recommendation of the
Planning Commission, in this particular circumstance.
J.
Flag lots are strictly prohibited direct access within
the turnaround or bulb portion of a cul-de-sac street or roadway.
A.
The height regulations do not apply to the following
structures or projections, provided that such structures or projections
are set back a horizontal distance at least equal to their height
from any property line:
(1)
Water towers, antennas, utility poles, smokestacks,
chimneys, farm silos, windmills, flagpoles, church spires, cupolas,
belfries, clock towers, or similar structures;
(2)
Rooftop structures for the housing of elevators, stairways,
water storage tanks, ventilating fans, and other mechanical appurtenances;
and
(3)
Parapet walls or cornices used solely for ornamental
purposes if not in excess of five feet above the roofline.
B.
No structure for which exemption from the maximum
height regulations is claimed shall have an area, at its base, in
excess of 10% of the lot area, nor shall any advertising sign or device
be inscribed upon or attached to such structure.
C.
In no case shall any freestanding or rooftop structure
above the maximum permitted height be used for the purpose of providing
additional floor space for residential, commercial, or industrial
purposes.
D.
No private detached garage or other accessory structure
shall exceed 18 feet in height.
A.
Buffer yards. Buffer yards, with plant screening complying
with the following standards, shall be required under the following
circumstances:
(1)
Widths.
|
Provided by the Following Use
|
When the Use Providing the Screening and
Buffer is:
|
Width of Required Buffer Yard
(feet)
| |
|---|---|---|---|
|
Any newly developed or expanded principal industrial
use or any industrial storage or loading area
|
Abutting a residential zone or within 250 feet
of an existing dwelling
|
50
| |
|
Any newly developed or expanded principal commercial
use
|
Abutting a residential zone or within 250 feet
of an existing dwelling
|
30
| |
|
Any newly developed or expanded industrial outdoor
storage area or area used for the parking of 3 or more commercial
vehicles
|
Abutting a street right-of-way or abutting a
residential zone or within 250 feet of an existing dwelling
|
20 unless such area would be completely screened
from view of such streets by buildings
| |
|
Any other use required to provide a buffer yard
under another section of this chapter
|
20 unless stated otherwise in another section
of this chapter
|
(2)
Locations.
(a)
The buffer yard shall be measured from the district
boundary line, street right-of-way line, or lot line, whichever is
applicable.
(b)
Buffer yards shall not be located within any
street right-of-way to be dedicated as a result of any subdivision
or land development. The buffer yard shall be in addition to such
right-of-way.
(c)
The buffer yard may include areas within a required
front, side or rear yard, provided that the larger yard requirements
shall apply in case of conflict.
(d)
On a corner lot, a buffer yard shall not be
required along the more heavily traveled of the two streets.
(3)
Characteristics.
(a)
The buffer yard shall be a landscaped area free
of structures, dumpsters, commercial or industrial storage or display,
manufacturing or processing activity, materials, loading and unloading
areas or vehicular parking. No new driveways or streets shall be permitted
within buffer yards, except at points of approximately perpendicular
ingress or egress. One conforming freestanding sign may be located
in a buffer yard in a front yard, provided that such sign complies
fully with the requirements of the clear-sight triangle and sign portions
of this chapter.
(b)
In all buffer yards, all areas not within the
planting screen shall be planted with grass seed, sod or ground cover
and shall be maintained and kept clean of all debris, rubbish, grass
more than six inches in height, and weeds.
(c)
Where a buffer yard would be required and an existing tree line, thick vegetation or steep slope presently serves as a natural buffer, this buffer shall be maintained for not less than the width required under Subsection A(1). If this requirement is violated, the applicant shall be required to plant a buffer yard that will be closely similar in effect, density and character to the buffer yard that was removed.
(d)
Any fence that may be constructed shall be on
the inside of any required evergreen screening.
(4)
Plant screen.
(a)
Each buffer yard shall include a planting screen
of evergreen (as opposed to deciduous) trees or shrubs extending the
full length of the lot line to serve as a barrier to visibility, airborne
particles, glare and noise.
(b)
Each planting screen shall be in accordance
with the following requirements:
[1]
Required plant materials shall have a minimum
height of four feet when planted.
[2]
Plant materials used in the planting screen
shall be of such species, spacing and size as can reasonably be expected
to produce, within 18 months, a ninety-percent-solid year-round visual
screen of at least six feet in height.
[3]
The planting screen shall be permanently maintained
by the landowner.
[4]
The planting screen shall be placed so that,
at maturity, it will be at least three feet from all property lines
or street right-of-way lines, whichever is more stringent.
[5]
The planting screen shall be broken only at
points of vehicular or pedestrian access and shall comply with the
sight distance requirements at all clear-sight triangles.
[6]
A relatively naturalistic arrangement of plants
is encouraged, as opposed to rigid straight lines. Likewise, a mix
of plant species is strongly encouraged.
[7]
Plants likely to grow substantially in diameter
shall be planted in two or more rows or offsets to allow space for
future growth.
(5)
(6)
Species of plants in buffer yards.
(a)
Trees and shrubs needed to form a required visual
screen shall be of the following, or closely related, species. A required
visual screen shall primarily be of evergreen plants. Leafy deciduous
plants may be used selectively, provided that their use does not result
in significant visual openings during the winter. If more than 20
plants are needed, then a maximum of 40% of such plants shall be of
any one species.
|
Type
|
Description
| |
|---|---|---|
|
Abies
|
All varieties of Fir
| |
|
Buxus
|
All varieties of Boxwood
| |
|
Caragana arborescens
|
Siberian Pea Shrub
| |
|
Cornus
|
All varieties of Dogwood
| |
|
Crataegus crusgalli
|
Cockspur Hawthorn
| |
|
Cotoneaster divaricatus
|
Spreading or Upright Cotoneaster
| |
|
Chaenomeles speciosa
|
Common Flowering Quince
| |
|
Crataegus phaenopyrum
|
Washington Hawthorn
| |
|
Euonymus
|
All varieties of Euonymus
| |
|
Forsythia x intermedia spectabilis
|
Showy Border Forsythia
| |
|
Hamamelis
|
All varieties of Witch Hazel
| |
|
Hydrangea
|
All varieties of Hydrangea
| |
|
Ilex
|
All varieties of Holly
| |
|
Juniperus
|
All varieties of Junipers
| |
|
Kalmia latifolia
|
Mt. Laurel
| |
|
Kolkwitzia amabilis
|
Beautybush
| |
|
Ligustrum
|
All varieties of Privet
| |
|
Lonicera fragrantissima
|
Winter Honeysuckle
| |
|
Magnolia
|
All varieties of Magnolia
| |
|
Picea
|
All varieties of Spruces
| |
|
Pinus
|
All varieties of Pines
| |
|
Pseudotsuga menziesii
|
Douglas Fir
| |
|
Rhododendron sp.
|
Hardy varieties
| |
|
Spiraea sp.
|
All varieties of Spirea
| |
|
Syringa sp.
|
All varieties of Lilac
| |
|
Tsuga sp.
|
All varieties of Hemlocks
| |
|
Viburnum sp.
|
All varieties of Viburnum
|
(b)
In addition, the following varieties of shade
trees are highly recommended:
|
Type
|
Description
| |
|---|---|---|
|
Acer rubrum cultivars
|
Red Maple
| |
|
Acer ginnala
|
Amur Maple
| |
|
Pyrus cultivars
|
Hybrid ornamental pears
| |
|
Quercus cultivars
|
Oak Species
|
B.
Landscaping.
(1)
Any part of a commercial, industrial, or institutional
lot which is not used for structures, loading areas, parking spaces
and aisles, sidewalks and designated storage areas shall be provided
with an all-season ground cover and shall be landscaped with trees
and shrubs. All such areas shall be well maintained.
(2)
Within any lot submitted for land development approval
after the date of adoption of this chapter, a minimum of 80% of the
required minimum front yard setback area shall be maintained in landscaped
green space. The intent is that the remaining 20%, or less, be used
for driveways, fire lanes, visitor parking, handicapped parking and
walkways. Other vehicle parking shall be placed to the side or rear
of buildings. Where in any zone or for any use placement of parking
areas to the front of buildings is not permitted by this chapter,
then this provision shall not be interpreted to permit such placement.
(3)
In addition to other landscaping requirements of this
chapter or other Township ordinances, any proposed new principal commercial,
industrial or institutional building and any multifamily residence
building shall be accompanied by the planting of at least five additional
trees or shrubs for every one acre of proposed new impervious coverage.
(a)
Such plants shall be placed in highly visible
locations, such as adjacent to public streets and/or between the use
and adjacent existing or future residential areas.
(b)
The applicant may choose the species, but such
species shall be known to thrive in the soil type and climatic region
of the site.
(c)
Each deciduous tree provided to fulfill the
requirements of this subsection shall have a minimum caliper of 2
1/2 inches, measured one foot above ground elevation, at the time
of its planting. Each other tree or shrub shall have an initial height
of not less than 30 inches.
C.
In the
PRRC Zone, in any newly developed or expanded use(s) located on a
lot that abuts Cherryville Road, a minimum of 40% of the front yard
setback area shall be maintained as a landscaped buffer yard; provided,
however, that such landscaped buffer yard shall not obstruct views
of the repurposed buildings from Cherryville Road.
[Added 3-8-2016 by Ord.
No. 2015-12]
Notwithstanding the lot area, lot width and lot coverage requirements of any district listed in Article II of this chapter, a dwelling, where it is a use permitted by right or special exception, may be erected on any lot with less than the required lot width and/or lot area if separately owned and not adjacent to any lot in the same ownership at the effective date of this chapter, provided that the aggregate width of the side yards shall be not more than 25% of the lot width and that the narrower side yard is not less than three feet in width.
All dwelling units must conform to the following
minimum habitable floor areas:
A.
Mobile homes shall be considered as single-family
detached dwellings and shall be permitted within all zones where single-family
detached dwellings are permitted, whether by right, special exception,
or conditional use.
B.
Mobile homes shall be placed on a permanent foundation.
Such foundation shall be block masonry construction, minimum eight-inch
by eight-inch cross section with joints grouted, extending a minimum
of two feet eight inches below grade, including an eight-inch poured
concrete pad at the base. The number and spacing of these piers shall
be in accordance with the trailer manufacturer's recommendation. The
entire perimeter of the foundation shall be enclosed with a skirt
of weatherproof material or permanent sheathing. The wheels and axles
must be removed. If the trailer is equipped with a removable hitch,
the hitch must be removed. If the hitch is not of a removable type,
then it must be boxed in with the same type of material utilized for
the skirting.
C.
Water and sewage shall be installed and maintained
in accordance with Township, commonwealth, and federal specifications.
D.
The lot upon which a mobile home is installed shall
meet the same minimum area, width, yard, and other requirements for
a single-family detached dwelling within the specific zoning district
and for the type of utility service provided.
A.
Required number of off-street parking spaces.
(1)
Requirement.
(a)
Each use established, enlarged, or altered in
any district shall provide and satisfactorily maintain off-street
parking spaces in accordance with the tables and regulations of this
section.
(b)
Uses not specifically listed in the tables within
this section shall comply with the requirements for the most similar
use listed in the tables.
(c)
Where a proposed use contains or includes more than one type of use (regardless of whether each use is listed in the tables or is an unlisted use), the number of parking spaces required shall be the sum of the parking requirements for each separate use, except as may be allowed under Subsection A(2).
(d)
Where the computation of required parking spaces
results in a fractional number, the fraction of 1/4 or or more shall
be counted as one.
(2)
Conditional reduction in off-street parking areas.
(a)
The intent of this reduction is to encourage
the minimizing of impervious surfaces while ensuring adequate parking
will be provided, as well as to recognize that unique circumstances
may justify a reduction to the required parking.
(b)
Following a review and recommendation by the Planning Commission, the Zoning Hearing Board may permit a reduction, through the special exception review process of § 180-119C of this chapter, of the number of parking spaces to be initially developed as required by this section, provided each of the following conditions is satisfied:
[1]
The applicant shall demonstrate to the Board,
using existing and projected five-year employment, customer, resident,
or other relevant data, that a reduction in the off-street parking
spaces to be initially developed as required by this section is warranted;
[2]
The applicant shall submit plans of the parking
lot(s) which designate a layout for the total number of parking spaces
needed to comply with the parking requirements of this section;
[3]
The plans shall clearly designate which of these
parking spaces are proposed for immediate use and which spaces are
proposed to be conditionally reserved for potential future use;
[4]
The portion of the required parking spaces conditionally
reserved for potential future use shall not be within areas for required
buffer yards, setbacks, or utility/drainage easements, areas reserved
for installation of future on-lot sewage disposal systems or areas
which would otherwise be unsuitable for parking spaces due to the
physical characteristics of the land or other requirements of this
chapter; and
[5]
Areas conditionally reserved for potential future
parking use shall be attractively landscaped and remain in open space.
(c)
The applicant shall enter into an agreement
with the Township requiring the applicant to maintain each conditionally
reserved area as attractively landscaped open space and also to convert
some or all of the conditionally reserved area to additional off-street
parking at any time that the Zoning Hearing Board finds that additional
parking is needed. This agreement shall be recorded with the deed
as a covenant running with the land. The Zoning Officer shall bring
the parking reduction agreement to the Board for reconsideration if
the Zoning Officer determines that, based upon field observations,
the reduced parking is not meeting actual needs.
|
Off-Street Parking Requirements
| ||
|---|---|---|
|
Use
|
Basic Requirement
(off-street parking spaces)
|
Plus 1 Off-Street Parking Space Required
for Each1
|
|
Agricultural Uses2
| ||
|
Agriculture
|
1 per employee
|
N/A
|
|
Animal hospital/ veterinarian
|
5 per doctor
|
Employee
|
|
Animal husbandry
|
1 per employee
|
N/A
|
|
Greenhouse/nursery (minimum of 5 spaces required)
|
1 per each 100 square feet of inside sales space3
|
Employee
|
|
Kennel (minimum of 4 spaces required)
|
1 per each 12 animals of capacity
|
Employee
|
|
Riding stable (minimum of 2 spaces required)
|
1 per each 8 animals of capacity
|
Employee
|
|
Seasonal roadside stand (minimum of 5 spaces
required)
|
1 per each 100 square feet3
|
Employee
|
|
Off-Street Parking Requirements
| ||
|---|---|---|
|
Use
|
Basic Requirement
(off-street parking spaces)
|
Plus 1 Off-Street Parking Space Required
for Each1
|
|
Residential Uses
| ||
|
Single-family detached and semidetached dwellings
|
2 spaces per dwelling unit
|
N/A
|
|
Townhouses and multifamily dwellings
|
2.5 spaces per dwelling unit
|
N/A
|
|
Home occupations
|
1 per each 150 square feet3
|
Nonresident employee
|
|
Housing for households limited to persons 60
years of age and older
|
1 per dwelling unit or rental unit
|
Employee
|
|
Boardinghouse
|
1 per each rental unit or bed, whichever is
greater
|
Employee/visitor
|
|
Group home/personal care facility
|
See Note 4
|
Employee
|
|
Off-Street Parking Requirements
| ||
|---|---|---|
|
Use
|
Basic Requirement
(off-street parking spaces)
|
Plus 1 Off-Street Parking Space Required
for Each1
|
|
Public or Private Recreational Uses
| ||
|
Indoor recreation
|
1 per each 50 square feet3
|
Employee
|
|
(e.g., bowling alleys, exercise clubs, membership
clubs, etc.)
| ||
|
Library or community center
|
1 per each 300 square feet3
|
Employee
|
|
Theater or auditorium
|
1 per each 3 seats
|
Employee
|
|
Outdoor recreation (e.g., golf courses, ball
fields, stadiums, etc.)
|
1 per each 3 persons of total designated capacity
|
Employee
|
|
Golf driving ranges
|
1 per tee
|
Employee
|
|
Miniature golf
|
2 per hole
|
Employee
|
|
Off-Street Parking Requirements
| ||
|---|---|---|
|
Use
|
Basic Requirement
(off-street parking spaces)
|
Plus 1 Off-Street Parking Space Required
for Each1
|
|
Institutional and Educational Uses3
| ||
|
Churches or other places of worship
|
1 per each 3 seats
|
Employee
|
|
Hospital/nursing home
|
1 per 1.5 beds (hospital) 1 per 4 beds (other
uses)
|
Employee, staff member and visiting doctor
|
|
Medical or dental clinic or office
|
6 per doctor
|
Employee
|
|
Nursery/day-care center (minimum of 3 spaces
required)
|
1 per each 8 persons enrolled3
|
Employee
|
|
Primary or secondary school
|
1 per each 3 students aged 16 or older
|
Employee
|
|
College, university or trade school
|
1 per each 1.5 students not living on campus
|
Employee
|
|
Utility substation
|
1 per each vehicle normally required to service
such facility
|
N/A
|
|
Dormitory
|
1 per each 1.5 students aged 16 or older
|
Nonresident employee
|
|
Off-Street Parking Requirements
| ||
|---|---|---|
|
Use
|
Basic Requirement
(off-street parking spaces)
|
Plus 1 Off-Street Parking Space Required
for Each1
|
|
Retail and Commercial Service Uses1
| ||
|
Automobile gas/service/repair (minimum of 1
space for each 2 gas pumps)
|
5 per bay
|
Employee
|
|
Vehicle or boat sales (minimum of 5)
|
1 per each 15 vehicles on display, inside or
outside3
|
Employee
|
|
Financial institution
|
1 per each 150 square feet2, plus 3 for each automatic banking transaction machine
|
Employee
|
|
Fast-food restaurant (minimum of 25)
|
1 per each 2 seats of capacity
|
Employee
|
|
Funeral home
|
1 per each 4 seats of capacity
|
Employee
|
|
Hotel/motel
|
1 per each rental unit plus 1 per each 3 seats
in dining/meeting rooms
|
Employee
|
|
Laundromat
|
1 per each 3 washing machines
|
Employee
|
|
Office (minimum of 3 required)
|
1 per each 300 square feet3 or employee, whichever is greater
|
N/A
|
|
Personal service business (e.g., barbershops,
beauty salons, photo shops, appliance repair shops) (minimum of 3
required)
|
1 per each 150 square feet3
|
Employee
|
|
Standard restaurant
|
1 per each 3 seats of capacity
|
Employee
|
|
Retail sales/rental (minimum of 8 for movie/video
rental stores or convenience stores; minimum of 5 for all other uses)
|
150 square feet,3 1 per each except 1 per 200 square feet of gross leasable floor
area for retail uses greater than 50,000 square feet3
|
Employee
|
|
Automatic banking transaction machine
|
3 per machine
|
Employee
|
|
Tavern
|
1 per each 30 square feet3
|
Employee
|
|
Adult-related uses
|
1 per each 50 square feet3
|
Employee
|
|
Bed-and-breakfast
|
1 per each rental unit, plus 2 for dwelling
unit
|
Employee
|
|
Bus station
|
5 per bus stall
|
Bus
|
|
Off-Street Parking Requirements
| ||
|---|---|---|
|
Use
|
Basic Requirement
(off-street parking spaces)
|
Plus 1 Off-Street Parking Space Required
for Each1
|
|
Industrial, Wholesale, and Warehousing
Uses2
| ||
|
Industrial, wholesale and warehousing uses
|
1 per each company vehicle based at the plant
|
Employee
|
|
Mini warehouse
|
1 per each 15 storage units
|
Employee
|
|
NOTES:
1In addition to parking
or storage spaces for all vehicles used directly in or stored or displayed
as part of the conduct of such business.
|
|
2Of all area occupied
by equipment, furnishings, or inventory accessible to employees, but
not including stairwells, toilet rooms, elevator shafts and other
similar accessory areas as may be provided.
|
|
3Of all sales and
other area occupied by equipment, furnishings, or inventory accessible
to customers or patrons, but not including corridors, bowling lanes,
toilet rooms, and other similar accessory rooms as may be provided.
|
|
4If a group home/personal
care facility would include four or more clients of a type who can
reasonably be expected to be able to and would be allowed to operate
a vehicle, then the group home/personal care facility shall include
a minimum of three off-street parking spaces. Any parking area for
four or more vehicles shall be screened from all adjacent dwellings
by an evergreen screen.
|
|
5With approval by
the Planning Commission, after presentation of appropriate information
by the applicant.
|
|
6See Article I for definition of "employee."
|
|
7In addition to parking
or storage spaces for all vehicles used directly in or stored or displayed
as part of the conduct of such business.
|
|
8Spaces for storage
or display of vehicles for sale or rent are not required to meet the
minimum requirements for the dimensions or aisle width of parking
spaces.
|
|
9All such required
spaces shall be located within a maximum of 250 feet of the dormitory
building which the spaces are required to serve.
|
B.
General regulations for off-street parking.
(1)
General. The parking spaces and accessways shall be
laid out in a safe and efficient method that takes into account the
location of access to the property, loading areas, pedestrian circulation,
and any drive-through facilities.
(2)
Existing parking. Structures and uses in existence
at the effective date of this chapter shall not be subject to the
requirements of this section regarding off-street parking and loading,
provided that the kind of use is not changed and that any parking
facility now serving such structures or uses shall not in the future
be reduced to any amount less than that required by this chapter.
(3)
Changes in use. Whenever a building or use is changed
or enlarged in floor area, number of employees, number of dwellings,
seating capacity, or otherwise to create a need, based upon the requirements
of this section, for an increase of 10% or more in the number of existing
parking spaces, the number of total spaces to be provided shall be
based upon the total number of parking spaces that would be required
for the entire existing and proposed use.
(4)
Continuing obligation. All required parking facilities
shall be provided and maintained so long as the use which the facilities
were designed to serve shall exist. The number of off-street parking
spaces shall not be reduced in number except when such reduction is
in conformity with the requirements of this section.
(5)
Conflict with other uses. No parking area shall be
used for any other use that would interfere with its availability
for the parking need it is required to serve. Required parking spaces
shall not be used for storage or display of materials or vehicles
for sale.
(6)
Location of parking. Required off-street parking spaces
shall be on the same lot, or a contiguous lot, with the principal
or accessory use served.
(7)
Joint parking lots.
(a)
Two or more uses may provide for required parking
in a common parking lot, provided that the total number of spaces
in such lot shall not be less than the sum of the spaces required
for each use individually (except as provided below), and provided
that all parking spaces within such parking lot are within 300 feet
walking distance of all the principal uses served by such lot.
(b)
The applicant may seek to prove that the parking requirement should be reduced under the provisions of Subsection A(2) because the uses would have their peak parking at different times of the day or have overlapping customers.
(c)
If two separate principal business uses on separate
abutting lots develop a shared driveway system and an integrated shared
parking lot, the number of required parking spaces for each use may
be reduced by 10%.
C.
Design requirements for off-street parking.
(1)
General.
(a)
Every parking facility shall be designed so
that its use does not constitute a nuisance, hazard, or unreasonable
impediment to traffic.
(b)
Every parking area shall be arranged for orderly,
safe movement.
(c)
No parking area shall be designed to require
or encourage parked vehicles to back into a public street in order
to leave a parking space.
(d)
Every required parking space shall be designed
so that each motor vehicle may proceed to and from the parking space
provided for it without requiring the moving of any other vehicle.
(e)
No parking area shall be located in a required
buffer yard or within a street right-of-way.
(f)
No parking area or other paved area shall be
located within 10 feet of a septic system absorption area or watercourse.
(g)
Defined trafficways. All parking areas shall
include clearly defined and marked traffic patterns. In any lot with
more than 30 off-street parking spaces, raised portland cement concrete
curbs and landscaped areas shall be used to direct traffic within
the lot. Major vehicular routes shall be separated as much as is reasonable
from major pedestrian routes within the lot.
(h)
Separation from street. All areas for off-street
parking, off-street loading and unloading, and the storage or movement
of motor vehicles shall be physically separated from the highway or
street by a raised curb, planting strip, wall, or other suitable barrier
against unchanneled motor vehicle entrance or exit, except for necessary
accessways or access roads which supply entrance to and egress from
such parking, loading, or storage area.
(i)
Stacking. Each lot shall provide adequate area
upon the lot to prevent backup of vehicles on or onto a public street
while awaiting entry to the lot.
(2)
Parking spaces.
(a)
Each parking space shall have a stall width
of at least nine feet.
(b)
Each parking space shall have a stall depth
of at least 18 feet for angle parking or at least 22 feet for parallel
parking.
(c)
All spaces shall be so marked as to indicate
their location, except those of a single-family dwelling.
D.
Access drives.
(1)
Width.
[Amended 7-10-2007 by Ord. No. 2007-03]
(a)
Except as otherwise provided herien, each access drive shall have
a minimum width of 12 feet and a maximum width of 15 feet at the street
line for one-way use only and a minimum width of 20 feet and a maximum
width of 30 feet at the street line for two-way use.
(b)
In the case of a medium- or high-volume driveway, as those terms
are defined by the Pennsylvania Department of Transportation (PennDOT)
pursuant to 67 Pa. Code Chapter 441 (“Chapter 441”), which
driveway is providing access to a state road or highway, the provisions
of § 108-37D(1)(a) shall not apply, and the PennDOT Chapter
441 standards and/or other applicable PennDOT standards related to
minimum and maximum widths shall govern. A PennDOT highway occupancy
permit shall be required prior the recording of the land development
or subdivision plan.
(c)
In the case of a proposed driveway(s) that is providing access to a Township road, which would be considered a medium- or high-volume driveway pursuant to Chapter 441 (based on the number of projected trips), the provisions of § 180-37D(1)(a) shall not apply, and the PennDOT Chapter 441 standards and/or other applicable PennDOT standards related to minimum and maximum widths shall govern as if the driveway in question were providing access to a state road or highway.
(3)
Drainage. Adequate provisions shall be made to maintain
uninterrupted parallel drainage along a public street at the point
of access drive entry.
(4)
Separation between access drives. At least 50 feet
shall be provided between any two access drives along one street frontage.
This distance shall be measured from the nearest edges of the access
drives.
(5)
State permit. Where access is to a state highway,
a PennDOT highway occupancy permit shall be obtained.
(6)
Subdivision. Where access drives are proposed as part of a subdivision or land development, the provisions of Chapter 147, Subdivision and Land Development, shall also be met. If there are any conflicts between the requirements of this chapter and Chapter 147, Subdivision and Land Development, the stricter provisions shall apply.
(7)
Sight distance and access drives.
(a)
A triangular area bounded by the center line
of the intersecting access drives and the street center line and a
diagonal connecting two points, one of which is on the access drive
center line and the other of which is on the street center line, shall
be graded and shall be free of sight obstructions, including fences,
and vegetation so that vision between the ground level and a height
10 feet above the center-line grades of the access drive and street
is not obscured.
(b)
This sight triangle shall be protected by deed
restriction, lease restriction, or plan amendment (whichever method
is applicable).
(c)
The sight triangle point set on the access drive
center line shall be 30 feet from the projected center-line intersection
of the access drive and the street. The points set on the street center
line shall be measured 100 feet both ways from the projected center-line
intersection of the access drive and the street:
(8)
Paving, grading and drainage.
(a)
Except for areas which are landscaped and so
maintained, all portions of required off-street parking and loading
facilities shall be graded and drained in ways necessary to prevent
dust, erosion or excessive water flow across public streets or adjoining
properties. All access drives and parking areas shall be paved with
asphalt, portland cement concrete, decorative paving blocks, or similar
material.
(b)
Gravel or other surfaces other than those specified in Subsection D(8)(a) may be allowed by the Zoning Officer (for applications not requiring Planning Commission review) or Planning Commission (for all other applications) for parking areas that are used primarily for long-term storage or used fewer than 10 days in any calendar year.
(9)
Nighttime illumination.
(a)
Each parking area containing 10 or more spaces,
and which is designed for use during nighttime hours, shall be adequately
illuminated for security purposes and at no cost to the Township.
(b)
All lighting sources, including signs, shall
be designed to minimize the spillover of light onto any adjoining
or adjacent lots or streets.
(c)
No luminaire or other lighting source that is
within 200 feet of a dwelling or residential zoning district shall
be placed at a height exceeding 30 feet above the average surrounding
ground level. This limitation shall not apply to lights needed for
air safety or lights intended solely to illuminate an architectural
feature.
(d)
All light sources shall be properly diffused
with a translucent or similar cover to prevent exposed bulbs from
being directly visible from abutting streets or lots. No spotlight
shall be directed such that the bulb itself is directly visible from
a public street or a dwelling.
(e)
All light sources shall be shielded around the
light source and carefully directed and placed to prevent the lighting
from creating a nuisance to adjacent dwellings or residentially zoned
areas and to prevent the lighting from shining into the eyes of motorists.
(10)
Paved area setbacks (including off-street parking
setbacks).
(a)
Intent. These setbacks are required to ensure
that parked or moving vehicles within a lot do not obstruct sight
distance or interfere with pedestrian traffic. These setbacks are
also intended to aid in stormwater management along streets.
(b)
Maintenance in grass. The setback areas required
by this Subsection B(10) shall be maintained in grass or other appropriate
natural ground cover and shall not be covered with paving, except
for approved access drive locations and any required sidewalks. Stormwater
facilities that are not impervious may be located within this setback
area. No fence shall be located within the paved area setback.
(c)
Setback from arterial and collector streets.
No off-street parking area or outdoor display of vehicles or articles
for sale shall be located within 25 feet of the right-of-way line
of an arterial or collector street for lots with one acre or less
of impervious area. For lots with more than one acre of impervious
area, this same setback shall be 35 feet. This setback area, along
with any curbing, shall be designed to prevent vehicles from entering
or exiting the lot at locations other than approved access drives.
(d)
Setback from collector and local roads. No off-street
parking area or outdoor display of vehicles or articles for sale shall
be located within 25 feet of the right-of-way line of a collector
or local street. This setback area, along with any curbing, shall
be designed to prevent vehicles from entering or exiting the lot at
locations other than approved access drives.
(11)
Paved area landscaping.
(a)
Intent. This Subsection B(11) is primarily intended
to reduce the thermal pollution of surface waters from parking lot
runoff.
(b)
Any lot which would include more than 30 parking
spaces shall be required to provide landscaped areas within the paved
area. This required landscaped area shall be equal to a minimum of
5% of the total paved area. A maximum of 15 consecutive and contiguous
parking spaces in a row shall be allowed without being separated by
a landscaped area.
(c)
One deciduous tree shall be required for each 4,000 square feet of paved area. This number of trees shall be in addition to any trees required by any other section of this chapter or by Chapter 147, Subdivision and Land Development. These trees shall meet the following standards:
[1]
Type of trees permitted. Required trees shall
be chosen from the following list of approved street trees, unless
the applicant proves to the satisfaction of the Planning Commission
that another type of tree would shade paved areas, be relatively resistant
to disease, road salt, and air pollution, and be relatively attractive.
If more than 20 trees are required, no more than 60% shall be of any
one type.
|
Type
|
Description
| |
|---|---|---|
|
Acer rubrum
|
Red Maple
| |
|
Acer saccharum
|
Sugar Maple
| |
|
Celtis occidentalis
|
Common Hackberry
| |
|
Fraxinus americana
|
White Ash
| |
|
Fraxinus pennsylvanica
|
Green Ash
| |
|
Ginko biloba
|
Maiden Hair Tree (male only)
| |
|
Juglans nigra
|
Eastern Black Walnut
| |
|
Liquidambar styraciflua
|
American Sweetgum
| |
|
Liriodendron tulipifera
|
Tulip Poplar
| |
|
Quercus acutissima
|
Sawtooth Oak
| |
|
Quercus alba
|
White Oak
| |
|
Quercus borealis
|
Northern Red Oak
| |
|
Quercus coccinea
|
Scarlet Oak
| |
|
Quercus imbricaria
|
Shingle Oak
| |
|
Quercus macrocarpa
|
Bur Oak
| |
|
Quercus montana
|
Chestnut Oak
| |
|
Quercus phellos
|
Willow Oak
| |
|
Quercus velutina
|
Black Oak
| |
|
Sophora japonica
|
Chinese Scholartree
| |
|
Tilia americana
|
American Linden
| |
|
Tilia cordata
|
Littleleaf Linden
| |
|
Tilia petiolaris
|
Pendent Silver Linden
| |
|
Zelkova serrata
|
Japanese Zelkova
|
[3]
Minimum size. The trunk diameter (measured at
a height of one foot above the finished grade level) shall be a minimum
of 2 1/2 inches or greater.
[4]
Planting and maintenance.
[a]
Trees shall be planted in conformance
with good landscaping practice.
[b]
Trees shall be properly protected,
by raised portland cement concrete curb or similar devices, from damage
from vehicles.
[c]
Trees shall be properly maintained
and shall not be removed without being replaced by another tree that
meets the requirements of this chapter.
(d)
A substantial proportion of the trees required
by this Subsection B(11) shall be planted within the parking lot,
within protected islands. These protected islands shall be used to
direct the flow of traffic through the parking lot in a smooth and
safe manner to prevent "cross-taxiing." Required trees are also encouraged
to be planted in highly visible locations, especially at the edge
of parking areas abutting major streets.
(e)
Existing trees. For every existing tree on the
lot that is healthy and is preserved and maintained and that would
generally meet the requirements of this Subsection B(11), one less
shade tree shall be required to be planted.
(12)
Parking lot screening.
(a)
No off-street parking area for five or more
vehicles shall be developed in such a way that vehicle headlights
could shine into a dwelling located within 200 feet or less of the
parking space.
(b)
Wooden fencing, brick walls, or evergreen screening
shall be required, as needed, to resolve the concerns of this Subsection
B(12). Such screening or fencing shall have a minimum height of four
feet, except that screening or fencing up to eight feet in height
shall be required by the Zoning Officer as needed where there is unusual
topography or the parked vehicles would be trucks or buses.
(13)
Handicapped parking.
(a)
Number of spaces. Any parking lot having 25
or fewer off-street parking spaces shall include a minimum of one
handicapped space. The following number of handicapped spaces shall
be provided, unless a revised regulation is officially established
under the Federal Americans with Disabilities Act. In case such a
revised regulation is adopted, such regulation shall control the minimum
number of handicapped spaces.
|
Total Number of Required Parking Spaces
in the Lot
|
Required Minimum Number/Percentage of
Handicapped Parking Spaces
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of the required number of spaces
| |
|
1,001 or more
|
20 plus 1% of required number of spaces over
1,000
|
(b)
Location. Handicapped parking spaces shall be
located where they would result in the shortest reasonable accessible
distance to a handicapped accessible building entrance. Curb cuts
shall be provided as needed to provide access from the handicapped
spaces.
(c)
Minimum size. Each required handicapped parking
space shall be eight feet by 18 feet. In addition, each space shall
be adjacent to a five-foot-wide access aisle. Such access aisle may
be shared by two handicapped spaces by being placed between them.
However, one out of every eight required handicapped spaces (with
a minimum number of one space) shall have an adjacent access aisle
of eight feet in width instead of five feet.
(d)
Slope. Handicapped parking spaces shall be located
in areas with six-percent or milder slopes in all directions.
(e)
Marking. All required handicapped parking spaces
shall be identified by above-grade signs and appropriate painted handicapped
parking space markings.
E.
Off-street loading.
[Added 12-9-2014 by Ord.
No. 2014-6]
(1)
General requirements.
(a)
Each use shall provide off-street loading facilities, which
meet the requirements of this section, sufficient to accommodate the
maximum demand generated by the use.
(b)
At the time of site plan review, the applicant shall prove to
the satisfaction of the Planning Commission that the use will have
sufficient numbers and sizes of loading facilities and that no conflicts
will be created. For the purposes of this section, loading shall include
unloading.
(2)
Design and layout of off-street loading facilities. Off-street loading
facilities shall be designed to conform to the following specifications:
(a)
Each off-street loading space shall be sufficient in size for
the largest vehicle expected to routinely use the space. As general
standards, a loading space shall be at least 12 feet in width by 50
feet to 65 feet in depth for a tractor-trailer, nine feet by 18 feet
for standard-size vans and pickup trucks, and 10 feet by 25 feet for
other trucks. In the case of a use involving 10 or more tractor-trailer
loading docks, each space may be 11 feet in width.
(b)
Each space shall have sufficient maneuvering room separate from
other parking and loading areas to avoid traffic conflicts within
and outside of the lot.
(c)
Each space and the needed maneuvering room shall be located
entirely on the lot being served and shall be located outside of required
buffer areas, off-street parking setbacks and street rights-of-way.
(d)
An appropriate means of access to a street or alley shall be
provided.
(e)
Paving, grading, and drainage shall be consistent with other
requirements within applicable Lehigh Township ordinances.
(f)
No such facilities shall be designed or used in any manner so
as to constitute a significant nuisance, public safety hazard or an
unreasonable impediment to traffic.
(g)
All such facilities shall comply with Lehigh Township lighting,
landscaping, and noise standards.
(3)
Fire lanes. Fire lanes shall be provided where required by state
or federal regulations or other local ordinances. The specific locations
of these lanes are subject to review by the Township Fire Officials.
A.
General intent. The sign regulations, controls, and
provisions set forth in this section are made in accordance with an
overall plan and program for the provision of public safety, land
development, preservation of property values, and the general welfare
of the Township of Lehigh and are intended to:
(1)
Aid in traffic control and traffic safety;
(2)
Establish reasonable standards for commercial and
other advertising through the use of signs in order to maintain and
encourage business activity and development;
(3)
Lessen congestion of land and air;
(4)
Preserve and protect property values;
(5)
Preserve the wholesome and attractive nature of the
Township;
(6)
Provide against undue concentrations of signs which
distract and endanger traffic safety and traffic flow;
(7)
Recognize the rights of the public in roads, streets,
highways, and the areas adjacent to those roads, streets, and highways;
and
(8)
Recognize that the general welfare includes a community
that shall be beautiful as well as healthy, spacious as well as clean,
and well-balanced in its growth and development.
B.
General regulations for all signs.
(1)
Signs must be constructed of durable material and
maintained in good condition.
(2)
No sign shall be maintained within the Township in
such a state of disrepair as to have the appearance of complete neglect,
which is rotting or falling down, which is illegible, or which has
loose parts separated from original fastenings.
(3)
Whenever a sign becomes structurally unsafe, or endangers
the safety of the building or premises, or endangers the public safety,
the Zoning Officer may give written notice to the owner of the premises
on which the sign is located that such sign must be made safe or removed
within five days.
(4)
Advertising painted upon or displayed upon a barn
or other building or structure shall be regarded as a flat wall sign
and the regulations pertaining thereto shall apply.
(5)
Each sign shall be removed when the circumstances
leading to its erection no longer apply.
(6)
Signs may be interior lighted with nonglaring lights
or may be illuminated by floodlights or spotlights that are shielded
so there is no direct light transmitted to other properties or public
rights-of-way.
(7)
Directly illuminated signs, designed to give forth
artificial light directly or through transparent or translucent material
from a source of light within each sign, including but not limited
to neon, will be permitted, provided that the light being emitted
from the sign shall not cause a glare or emit light onto the surrounding
area.
(9)
No sign shall be located so as to interfere with visibility
for motorists at street or driveway intersections.
(10)
No sign located within 300 feet of any traffic
light shall be illuminated with red, green, or yellow lights or neon
tubing.
(11)
All electrically illuminated signs shall be
constructed to the standards of the National Board of Fire Underwriters.
(12)
Signs must be positioned so that they do not
interfere with any clear-sight triangle.
(13)
No lewd, vulgar, indecent, or obscene advertising
matter shall be displayed in any manner, including but not limited
to:
(14)
No sign shall be erected or located so as to
prevent free ingress or egress from any window, door, or fire escape.
(15)
No sign shall be placed in such a position as
to obscure light or air from a building or which would create a traffic
danger.
(16)
No sign shall be permitted which is permanently
attached to public utility poles or trees which are within the right-of-way
of any public or private street.
(17)
In the event that a symbol, trademark, or other
such figure is used as a signpost or standard which could be construed
to indicate or identify a particular use or business, that symbol,
trademark, or figure is to be computed as part of the total allowable
sign area.
(18)
Except in the case of billboards, only those
signs referring directly to services, materials, or products made,
sold, or displayed on the premises shall be permitted.
(19)
No point of any sign, including trim, border,
and supports, shall be located within 10 feet of any property line
or street right-of-way line.
(20)
Any sign attached to a building shall not be
placed on a roof or be higher than the wall to which it is attached,
except that, for multistory buildings, a sign may be attached to a
first-level porch roof; provided, however, that all other restrictions
related to obscuring of light and air and limiting of ingress and
egress shall be complied with, and in no case shall the sign extend
above the level of the highest roof of the building.
(21)
No point of a wall projecting sign shall be
located less than 8 1/2 feet above the grade directly below the sign.
C.
Determination of size of sign area. The area of a
sign shall be construed to include all lettering, wording, and accompanying
designs and symbols, together with the background, whether open or
enclosed, on which they are displayed, including any border framing
or decorative attachments, but not including any supporting framework
or bracing incidental to the display itself. Where the sign consists
of individual letters or symbols attached to a building, wall, or
window, the area of the sign shall be considered to be that of the
smallest rectangle or other regular geometric shape which encompasses
all of the letters and symbols. Where a sign has two or more faces,
the area of all faces shall be included in determining the area of
the sign.
D.
Specific sign requirements. The tables on the following
pages tabulate requirements imposed upon permanent, temporary, and
shopping center signs as permitted within the Township.[1]
[1]
Editor's Note: See the following tables which
are now included at the end of this chapter: Permanent Sign Requirements,
Temporary Sign Requirements, and Planned Center Signs.
E.
Nonconforming signs. Any sign which was legally existing
as of the effective date of this chapter and which does not comply
with the provisions of this section of this chapter shall be considered
a nonconforming sign.
(1)
All such nonconforming signs will be required to be
brought into conformity at such time as 75% or greater of the sign
is changed in any way, including but not limited to relocation, wording,
logo, design, lighting and/or material composition. Nonconforming
signs approved by variance will also be subject to this subsection.
F.
Prohibited signs.
(1)
The following types of signs shall not be permitted
in the Township:
(a)
Signs of such a design and location that they
interfere with, compete for attention with, or may be mistaken for
a traffic control device. This shall include any sign visible from
the public right-of-way which uses an arrow device or the word "stop."
(b)
Signs in which the colors red and green are
used either in direct illumination or in high reflection by the use
of special preparation, such as fluorescent paint or glass.
(c)
Any sign located in or extending into a public
right-of-way, except those owned or operated by a duly constituted
governmental agency.
(2)
No sign shall be erected, attached, or displayed within
25 feet of the point of intersection of the lot lines at a street
corner.
G.
Sign permits. For signs requiring permits, the following
requirements shall apply prior to the erection of said signs:
(1)
Permit applications.
(a)
Application for a permit shall be made to the
Township office.
(b)
Application shall be made on a form to be provided
by the Township and shall contain the following information and documentation:
[1]
The name(s) and address(es) of the sign owner
and the landowner;
[2]
An affidavit of title executed by the landowner(s)
indicating the date and place of recording of the present title to
the land;
[3]
A drawing showing the location of the sign with
reference to the adjoining property lines and streets;
[4]
A drawing showing all dimensions of the sign,
including all lettering and borders; and
[5]
A description of the construction materials
of the sign (including colors to be used) and its manner of installation.
(c)
All applications shall be accompanied by the
fees required for issuance of the sign permit.
(2)
All applications shall be reviewed, and permits issued,
by the Zoning Officer. No sign permit shall be issued except in conformity
with the regulations of this chapter, except upon order of the Zoning
Hearing Board, granted pursuant to the procedures established for
the issuance of a variance.
(3)
Permit issuance. Following permit application approval,
a sign permit will be issued by the Zoning Officer.
(4)
If there is any change in location or dimensions of
any sign, or in advertising or informative contents of a sign, a new
permit shall be required.
A.
Shopping cart storage. The outdoor storage and collection
of shopping carts is permitted under the following conditions:
(1)
Shopping carts may be collected and stored immediately
in front of the storefront (upon sidewalks or under a canopy) and/or
within the parking lot;
(2)
No shopping cart storage and collection area shall
be located upon any facility used for vehicle circulation, loading,
or emergency vehicle access (e.g., fire lanes); shopping cart collection
areas will be allowed at designated areas within parking lots;
(3)
In the case of shopping carts that are collected and
stored immediately in front of the storefront (upon sidewalks or under
a canopy), such shopping cart storage and collection areas shall be
situated so as to provide clear pedestrian access (sidewalk or other
area) at least eight feet wide adjacent to the curb along the storefront;
and
[Amended 7-10-2007 by Ord. No. 2007-03]
(4)
The applicant shall submit a working plan for the
collection of shopping carts from the parking lot. In cases where
subdivision and/or land development plans are being reviewed by the
Township, this working plan shall be submitted to and shall be reviewed
and approved by the Township Planning Commission and Board of Supervisors.
In all other cases, the working plan shall be submitted to and approved
by the Zoning Officer. Also, the applicant shall be required to depict
intended shopping cart storage and collection areas upon any permits
and/or plans required by the Township. No additional permits shall
be required unless such areas change in location or size.
B.
Seasonal sidewalk displays.
(1)
Only seasonal merchandise may be displayed;
(2)
The location of such outdoor displays shall be limited
to sidewalks, under canopies, or other areas immediately in front
of the building's storefront; the stacking and/or display of such
items shall be arranged to provide clear pedestrian access (sidewalk
or other area) at least eight feet wide adjacent to the curb along
the storefront;
(3)
In no case shall the location of such sidewalk display
areas occur within any area used for vehicular circulation, parking,
loading, or emergency vehicle access (e.g., fire lanes);
(4)
In no case shall such the total length of all sidewalk
display areas exceed 50% of the linear dimension of the storefront
(e.g., a store 200 feet long could display no more than 100 linear
feet of a sidewalk display);
(6)
The applicant shall submit a working plan for the
cleanup of litter and debris which may result from such outdoor display.
In cases where subdivision and/or land development plans are being
reviewed by the Township, this working plan shall be submitted to
and shall be reviewed and approved by the Township Planning Commission
and Board of Supervisors. In all other cases, the working plan shall
be submitted to and approved by the Zoning Officer. Also, the applicant
shall be required to depict intended sidewalk display areas upon any
permits and/or plans required by the Township. No additional permits
shall be required unless such areas change in location or size.
C.
Special event sales.
(1)
Special event sales shall be located no closer than
45 feet to adjoining roads and no closer than 10 feet to side or rear
lot lines;
(2)
Special event sales may be located within the parking lot, provided that such location minimizes congestion within the parking lot and those access drives which provide direct vehicular access to adjoining roads. Within parking lots, such display areas shall be specifically delineated from the adjoining parking lot by the use of identifiable barriers (e.g., tents, canopies, temporary fences, or ropes). Additionally, location within the parking lot shall only be permitted upon parking spaces in excess of the number required by § 180-37 of this chapter;
(3)
Special event sales shall not be located within the
parking lot during the months of November, December, January, February
and/or March, because of the potential need for snow removal;
(4)
The area devoted to special event sales displays shall
not exceed 20% of the gross leasable floor area of the use(s) conducting
the special event sale;
(5)
All uses conducting a special event sale shall be
responsible for the ongoing cleanup of litter and debris; also, no
exterior public address or lighting system shall be used in connection
with the special event sale; and
No persons or family shall be permitted to reside
permanently within any tent, travel trailer, bus, boat, camper, or
motor home. However, temporary occupancy of a tent, travel trailer,
camper, or motor home shall be permitted within an approved campground
or for periods of up to 14 days in any calendar year on the property
of a friend or relative.
[Amended 7-10-2007 by Ord. No. 2007-03; 3-28-2017 by Ord. No. 2017-1; 3-13-2018 by Ord. No. 2018-3]
A.
Traffic study.
(1)
Intent: to allow the Township to determine the safety and congestion
impacts, and related costs, of proposed major traffic-generating uses;
to require that applicants respond with reasonable proposals to resolve
the negative traffic impacts that their proposed uses will cause on
the public; to recognize that sufficient federal, state and municipal
funds are not available to resolve traffic problems caused by private
development.
(2)
Uses requiring a traffic study. Any application for any of the following
new uses or expansion of existing uses shall be required to complete
a traffic study and include the findings in a written report:
(a)
Residential: 50 or more new dwelling units.
(b)
Any nonresidential use or expansion of a nonresidential use
consisting of 20,000 square feet or more of new or additional total
floor area.
(c)
Any use or combination of uses that would generally result in
greater than 500 trips per day.
(d)
Uses determined at the discretion of the Township to be located
within known congestion areas.
(3)
Timing. Any required traffic study shall be submitted at the same
time as whichever of the following submittals occurs first: preliminary
plan, special exception, conditional use or construction permit application,
as applicable.
(4)
Costs. The full costs of completing the study and of a review by
the Township Engineer or other Township representative shall be borne
by the applicant.
(5)
Study area. Prior to initiation of the traffic study, the traffic
engineer or planner shall meet with the Township Engineer to establish
the area to be studied. This area shall be limited to streets and
intersections within a maximum of two miles of the proposed project
boundaries, except for a use projected to generate more than 3,000
trips per day, which shall have a maximum study area of three miles
from the project boundaries.
(6)
Joint studies. Joint traffic studies between different applicants
are strongly encouraged.
(7)
Fees. In place of individual traffic studies, the Township Supervisors
may require that an applicant provide a fee in lieu of a study. This
fee shall only be used towards the costs of traffic studies sponsored
by the Township. Any such fee shall be established by resolution or
ordinance of the Board of Supervisors.
(8)
Project description. Any study shall include a description of the
proposed development, its proposed access and the surrounding street
system. If a development is proposed to occur in stages, each stage
shall be described and taken into account in the study. If the applicant
owns other lands within the study area, reasonable assumptions shall
be made about how that land can be expected to be developed and shall
be taken into account.
(9)
Existing traffic conditions. The traffic volumes and service levels
during the a.m. and p.m. peak hours shall be presented for all streets
and intersections in the study area that can reasonably be expected
to be impacted. Traffic volumes shall be based upon actual counts.
The locations of all accidents reportable to the State Police within
the study area during a recent two-year period shall be noted.
(10)
Expected traffic generation. The study shall include an estimate
of the number of trips expected to be generated by the use and any
future stages during the a.m. and p.m. peak hours. Such estimates
shall be based upon the latest published estimates of the Institute
of Transportation Engineers, or its successor entity, unless the applicant
provides the Township with estimates and supporting documentation
based upon actual traffic counts of closely similar developments in
Pennsylvania.
(11)
Projected effects. The study shall take into account not only
the use proposed by the applicant, but also other uses and developments
that have received building permits or preliminary subdivision or
land development approval from a municipality. The study shall project
a.m. and p.m. peak-hour traffic volumes and levels of service on impacted
intersections and streets. If the peak traffic generation by the development
is not during the adjacent street peak hour, the study shall analyze
both the peak hours for the development and for adjacent streets.
The study shall project what directions the traffic generated will
head towards. Retail or other commercial uses, including but not limited
to restaurants, etc., shall analyze the Saturday peak as required
by the Township.
(12)
Levels of service. The study shall estimate the levels of service
(A, B, C, D, E and F) for key traffic movements, including turning
movements, following the standards of the Pennsylvania Department
of Transportation.
(13)
Signal warrants. Heavily traveled intersections at entrances
to the development and other major unsignalized intersections in the
study area shall be studied to determine whether a traffic signal
is warranted by PennDOT criteria. Existing traffic signals that are
significantly impacted shall be studied to determine whether they
are in need of upgrading.
(14)
Needed improvements. The study may take into account traffic
improvements which are clearly funded and will occur within the next
two years. The study shall include suggestions to mitigate the impact
of the proposal, and a rough estimate of the cost of that improvement.
(15)
Applicant's response. The applicant shall respond to the traffic
study with proposals on what traffic improvements, right-of-way dedications
or commitments of financing for specific projects the applicant proposes
to commit to resolve the negative traffic impacts of the proposed
development. Such improvements or financing may be staged in relation
to the stages of the development. The applicant may also agree to
commit towards the long-term support of a program to reduce peak-hour
traffic by private vehicles, through programs such as van-pooling,
support of mass transit or staggered work hours, in place of certain
structural improvements.
(16)
Completion of improvements. Any traffic improvements that are required as a condition of any approval under this chapter or the Subdivision and Land Development Ordinance (Chapter 147) shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit or within a staged process agreed to at the time of approval.
B.
Roadway access.
(1)
Access management standards. Vehicular access to and
from all buildings, structures and lots shall be governed by the following:
(a)
All lots shall abut and have direct access to an existing or
proposed public or private street as follows:
(b)
Proposed access points shall be separated according
to the provisions set forth in this chapter.
(c)
Except as otherwise provided herein, where a
lot or multiple lots are created with frontage on more than one road,
access shall only be permitted to the road with the lower functional
classification according to the circulation plan in the Township Comprehensive
Plan.
(d)
Except as otherwise provided herein, unless
clearly impractical, direct access to collector and arterial roads,
as defined by the circulation plan in the Township Comprehensive Plan,
shall be prohibited.
(e)
Unless clearly impractical, all residential lots shall have
access only to local streets. Where direct access to an arterial street
cannot be avoided, adequate turnaround space shall be provided so
a vehicle shall not be required to back out onto an arterial street.
(f)
Except as otherwise provided herein, where a
development proposal creates a lot with frontage along existing collector
or arterial roads, the proposed street pattern shall provide reverse
frontage access to a local street within the development, rather than
access to the collector or arterial road. All front yard setbacks
shall be calculated from the local road.
(g)
Except as otherwise provided herein, where a
building, structure, or lot is created having frontage along an existing
collector or arterial road and access to another street is not possible,
access may be provided from an adjacent use.
(h)
Except as otherwise provided herein, where a
building, structure or lot is created having frontage along an existing
collector or arterial road and no viable alterative for access is
possible, access to the arterial or collector road may be permitted
in conjunction with the following:
[1]
The proposed use shall utilize existing accessways
of adjacent properties through interconnection of interior drives,
parking areas, or loading areas.
[2]
The design of parking and interior circulation
of the proposed use shall be planned in such a manner as to connect
interior accessways, parking areas and loading areas with future adjacent
uses, structures, buildings or lots.
[3]
Access points along collector or arterial roads,
as designated in the Township Comprehensive Plan, shall comply with
all Township and state regulations governing lot access, driveways
and street intersections.
(i)
In the case of any proposed access drive that would be considered a medium- or high-volume access drive pursuant to 67 Pa. Code Chapter 441 ("Chapter 441") and/or other applicable PennDOT standards, the provisions of this § 180-41B(1)(i), Access management standards, shall not apply and access shall be permitted onto a road with a higher functional classification. This § 180-41B(1)(i) shall apply to any access drives that meet the Chapter 441 definitions (based on the number of projected trips) for either a medium- or high-volume access drive whether or not the driveway provides access to a state highway.
(2)
Access intersection distance. All proposed access drives or driveways
shall be set back a minimum distance from any intersection, based
on the highway classification as defined by the Circulation Plan in
the Township Comprehensive Plan. The minimum setback distance from
intersections shall be calculated as the distance from the edge of
or projected edge of the pavement of the intersecting roadway to the
tangent of the radius of the proposed accessway according to the following:
(a)
All proposed access drives or driveways shall be set back a
minimum of 75 feet from the intersection of two local roads.
(b)
From the intersection of a local road and collector road, proposed
access drives or driveways shall be set back a minimum of 100 feet.
(c)
From the intersection of a local road and an arterial road,
proposed access drives or driveways shall be set back a minimum of
175 feet.
(3)
Shared access provisions.
(a)
Purpose. The use of shared access points for
adjacent facilities should be considered to better facilitate the
flow of traffic by increasing access coordination along road frontages
and minimizing confusion caused by an excessive number of access points.
(b)
Objectives:
[1]
To limit the number of access points along collector
and arterial roads.
[2]
To use parallel access roads as entrances to
uses and lots that abut collector and arterial roads.
[3]
To coordinate ingress and egress locations for
adjacent uses, lots and structures along collector and arterial roads.
[4]
To connect interior accessways, parking areas
or loading areas of uses with frontage along collector and arterial
roads.
[5]
To coordinate similar traffic movements at access
locations to increase safety and facilitate vehicle movement.
(4)
Access drives separation.
(a)
A minimum distance shall be provided between all new access
drives as determined by the highway classification identified in the
Township Comprehensive Plan and in accordance with the following:
[1]
The minimum separation distance between access drives on a local
road shall be 75 feet.
[2]
The minimum separation distance between access drives on a collector
road shall be 100 feet.
[3]
The minimum separation distance between access drives on an
arterial road shall be 100 feet or if not able to meet this requirement
as per PennDOT regulation.
(b)
Where two or more adjacent buildings, structures, or lots are
in such proximity that achieving the minimum separation is not possible
for each individual use, access drives shall be shared in compliance
with the provisions of this chapter.
(5)
Responsibilities. The applicant shall be held responsible
for the construction of any necessary traffic control devices, signs
and roadway safety improvements, including acceleration and deceleration
lane(s) where required by the Township or PennDOT.
For the purposes of this chapter, the Township's
roads are functionally classified in the following categories:
A.
Arterial roads: Route 145, Route 248 and Blue Mountain
Drive (SR 4001) between Route 145 and Route 248.
B.
Major collectors: Blue Mountain Drive (SR 4001) from
Route 248 to the northern Township boundary and Mountain View Drive
(Route 946) from the eastern Township boundary to Route 248.
C.
Minor collectors: Timberline Road (T-814), Wood Drive
(T-813), Walnut Drive - Elm Road (SR 4018 - SR 4003) Cherryville Road
(T-812), Maple Drive (SR 4020), and West Mountain View Drive from
Route 248 to Route 145 (T-815).
D.
Local access roads: all streets not otherwise classified.
A.
Setbacks of buildings in built-up areas. Where at
least two adjacent buildings within 100 feet of a property are set
back a lesser distance than required, the average of the lesser distances
becomes the required minimum front, side, or rear yard setback from
the property. However, in no case shall the setback line be less than
20 feet from any abutting street right-of-way line.
B.
Accessory or appurtenant structures. The setback regulations
do not apply to:
(1)
Bus shelters, telephone booths, cornices or eaves,
chimneys, steps, canopies, bow or bay windows, and similar extensions
but do apply to porches and patios, whether covered or not;
(2)
Open fire escapes;
(3)
Minor public utility structures (i.e., sewage pumping
stations, metering pits, etc.), articles of ornamentation or decoration,
and mailboxes; and
(4)
Fences, hedges, and retaining walls.
A.
No company intending to install any electrical, petroleum,
petroleum products, or natural gas transmission lines shall be allowed
to construct the line within any right-of-way with a width less than
50 feet. Such line shall be installed in the center of the right-of-way
and shall comply with the applicable standards imposed by commonwealth
and federal laws and regulations.
B.
There shall be a minimum distance of 50 feet between
the physical location of any proposed electrical, petroleum, petroleum
products, or natural gas transmission line and any existing dwelling
unit.
C.
There shall be a minimum distance of 50 feet between
the physical location of any existing electrical, petroleum, petroleum
products, or natural gas transmission line and any proposed dwelling
unit.
[Added 10-12-2010 by Ord. No. 2010-8[1]]
All subdivisions and/or land developments proposed within Lehigh
Township shall comply with this section and all other provisions of
the Zoning Ordinance unless specifically exempted. Site alterations,
regrading, filling, or clearing of vegetation by a landowner or developer
which would violate the following standards shall be a violation of
this section. The developer shall determine and delineate the presence
of steep slopes on the site and shall meet the following standards:
A.
Steep slopes shall include all areas of 3,000 square feet or greater
where the slope meets or exceeds 15%.
B.
Protection ratios of steep slopes.
(1)
Slopes of 15% to 20%. No more than 30% of such areas shall be developed
and/or regraded or stripped of vegetation.
(2)
Slopes greater than 20% to 30%. No more than 15% of such area shall
be developed and/or regraded or stripped of vegetation.
(3)
Slopes of 30% or greater shall be protected from all site disturbance
and construction activities, except under the following circumstances:
C.
Grading or earthmoving on steep slopes shall not result in earth
cuts or fills whose highest vertical dimension exceeds 10 feet, except
where no alternative exists for construction of public roads, drainage
structures, and other public improvements, in which case such vertical
dimensions shall not exceed 20 feet.
D.
All finished slopes shall not exceed three feet horizontal to one
foot vertical.
[1]
Editor's Note: This ordinance also repealed former § 180-45,
Slope zoning, as amended.
A.
Domestic composters. The placement of framed-enclosure
composts as an accessory residential use is permitted, subject to
all accessory use setbacks. Only waste materials from the residential
site shall be deposited within the compost, and in no case shall meat,
or meat by-products, be composted. All composts shall be properly
maintained so as not to become a nuisance to nearby properties.
B.
Outdoor stockpiling. In the A/RR, VR, and NC Zones,
the outdoor stockpiling of materials (except firewood) for more than
one year is prohibited.
C.
Storage or parking of commercial vehicles in residential
zones.
(1)
The storage or parking of any commercial vehicle upon
any lot used principally for residential purposes and containing an
area of less than one acre is prohibited. In addition, the parking
or storage of any trailer other than those accessory to a principal
residential use is prohibited.
(2)
For residential lots containing one acre or more in
area, the parking and storage of one commercial truck that is owned
and/or operated by a resident of the site is permitted, subject to
the following:
(a)
The temporary parking of one commercial truck
for periods not to exceed 72 hours during any seven-day period is
permitted on a paved or gravel surface in any yard, so long as the
truck is set back no less than 10 feet from any street right-of-way
line and five feet from adjoining property lines and the engine and
all refrigeration units are turned off;
(b)
A truck stored on site shall be set back a horizontal
distance equal to the height of the vehicle or the zone's principal
use setbacks, whichever is greater;
(c)
No truck shall be stored in front of the building
setback line. On vacant lots, the truck must be stored behind the
required front yard setback line, as specified for principal uses;
(d)
Screening, as defined herein, shall be provided
for any adjoining side and rear lot lines. Such screening shall not
extend into the required front yard. Screening shall not be required
along a common side lot line when the owner resides on one lot and
stores a truck on an adjacent vacant lot that he/she owns. One ten-foot-wide
break in required screening may be provided along one rear or side
line for vehicular access onto an adjoining alley;
(e)
Any area used for the storage of a commercial
truck shall be maintained so as to keep vegetation properly trimmed
and debris or litter disposed of regularly. Proper licensure shall
be maintained for the truck, and the leakage of fuels and/or lubricants
into the ground shall be prevented; and
(f)
In addition, the parking or storage of any trailer
other than those accessory to a principal residential use is expressly
prohibited.
[Added 11-10-2020 by Ord.
No. 2020-3]
A.
Application requirements. Short-term rental license applications
shall contain all of the following information:
(1)
The name, address, telephone number and email address of the
owner. If the owner does not have a managing agency, agent or local
contact person, then the owner shall provide a twenty-four-hour telephone
number.
(2)
The name, address, and twenty-four-hour telephone number of
the managing agency, agent or local contact person.
(3)
Floor plans for the short-term rental, including habitable floor
space and total number of bedrooms.
(4)
If the building is a multiunit structure, the number of dwelling
units and the number of dwelling units being used as short-term rentals.
(5)
A site plan showing the location and number of on-site parking
spaces shall be provided. If not on a central sewer system, the location,
approximate age and capacity of the sewage disposal system.
(6)
Copies of current Northampton County Hotel Room Excise Tax Certificate
and current Pennsylvania Sales Tax license.
(7)
Signatures of both the owner and the local managing agent or
local contact person.
(8)
Copy of the current recorded deed for the property establishing
ownership.
B.
A short-term rental license shall be issued only to the owner of
the short-term rental property.
(1)
A separate short-term rental license is required for each dwelling
unit; for two-family or multifamily dwellings, a separate license
shall be required for each dwelling unit being rented as a short-term
rental.
(2)
A short-term rental license is effective for a period of one
year, or until any of the conditions of the short-term rental which
are governed by this chapter are changed, whichever shall first occur.
A short-term rental license must be renewed annually, and also when
any of the conditions of the short-term rental which are governed
by this chapter are changed.
(3)
The owner, by making application for a short-term rental license and/or accepting issuance of a short-term rental license, grants permission for any and all inspections authorized by § 180-96.1N of this chapter.
(4)
The Township will prescribe forms and procedures for the processing
of license applications under this section.
C.
In the event that a short-term rental owner receives two violation
notices (relating to the specific criteria or regulations under this
chapter), the Zoning Officer may terminate and revoke an existing
license or deny a new license in accordance with the terms of this
chapter (unless the owner appeals the violation and is found not guilty).
