[Ord. No. 2022-01, 1/10/2022]
The regulations contained within Part 3 shall apply to all uses
within the Township.
[Ord. No. 2022-01, 1/10/2022]
1.
General Standards. Unless otherwise specified in this section, all
accessory structures shall meet the following standards:
A.
Accessory structures attached to a principal building shall meet the yard requirements for the principal building, except as listed in § 27-304.
B.
Unless otherwise specified, no accessory structures shall be located
in the front yard of a residential use or district.
C.
Buildings that are accessory to a nonresidential use shall meet all
of the required principal setbacks of the district, except:
(1)
A storage building of less than 400 square feet may be set back
a minimum of 10 feet from the lot line or rear lot line that abuts
an existing or approved principal business use.
D.
Detached accessory structures shall not be located in the 100-year floodplain, except as permitted in Chapter 8.
E.
Unless otherwise specified, detached accessory structures shall have
a maximum height of 20 feet, except that the principal building height
shall apply for a building that meets the setback requirements for
a principal building and is on a lot of more than one acre.
F.
Additional standards for structures accessory to a residential use:
(1)
The footprint of any one accessory structure shall be smaller
than the building footprint of the principal dwelling unit.
(2)
Accessory structures with the area of 144 square feet or greater
shall be set back a minimum of 15 feet from any side or rear lot line.
(3)
Accessory structures less than 144 square feet in area shall
be set back a minimum of five feet from any side or rear lot line
that does not abut a street.
G.
Outdoor power generators (such as standby generators) shall meet
minimum accessory structure setbacks, except where a more strict requirement
is established, such as for outdoor burners. Outdoor power generators
shall not be placed within a front yard.
2.
Garages (for vehicle storage that is accessory to dwellings).
A.
Detached garages shall be set back a minimum of five feet from the
right-of-way or easement of an alley. A one-story detached garage
of less than 300 square feet in floor area in a rear yard may be set
back a minimum of 15 feet from a side lot line.
B.
Detached side-loaded garages shall be set back a minimum of 18 feet
from the street right-of-way.
C.
If a garage is allowed to be converted into another allowed use,
the required number of off-street parking spaces shall still be met
in some manner.
3.
Swimming Pools. No pool shall be located in the front yard. All pools,
including all appurtenances, such as aboveground decking, filter and
pump, shall be set back at least 10 feet from the side or rear property
lines. These requirements shall not apply to man-made ponds, lakes
or other impoundments, unless the primary purpose for their construction
is swimming. No water from a pool shall be discharged onto any public
street or alley, or in a manner that damages the properties of others.
Instead, pool water shall be given time to become dechlorinated, and
then discharged gradually over vegetated surfaces of the owner of
the pool. All swimming pools shall meet the pool barrier requirements
of the Uniform Construction Code.
4.
Fences and Walls.
A.
Unless otherwise specified, no fence or wall shall be erected to
a height of more than four feet in a front yard and more than six
feet in any other yard within the CN, AG, SR, V, and RM Districts.
Exceptions to this requirement are limited to:
(3)
Racquet-sport walls or fences. (See § 27-302.5.)
(4)
A retaining wall needed for engineering reasons that is permitted
under the terms of this chapter.
(5)
Allowed principal nonresidential uses, such as electric substations.
(6)
Corner lots, provided that no fence or wall within each front
yard setback abutting a street shall exceed four feet in height.
(7)
No fence or wall shall obstruct any clear sight triangle, as
defined in this chapter.
(8)
Fences allowed by this section to exceed six feet in height
shall be shown on the approved development plan.
B.
Within LC, CLI, MU and COM Districts, no fence nor wall shall be
erected to a height of more than 10 feet in any yard. No fence shall
block motorists' view of vehicles entering or exiting the property.
C.
Fences in an AG or CN District shall be set back a minimum of two
feet from a street right-of-way. Unless specifically provided otherwise
by another section (such as for certain livestock and poultry operations),
fences may be located without a setback from a property line, but
a setback is encouraged where the lot line has not been surveyed.
5.
Sports Courts. All sports fields and courts may include a fence of
up to 10 feet in height, except that a taller height may be used to
meet published safety standards, such as at a baseball field or to
avoid hazards along streets. Any lighting fixtures shall be arranged
to prevent objectionable glare on adjoining property.
6.
Satellite Dish Antennas. Satellite dish antennas are subject to all
accessory use standards. Satellite dish antenna located within the
CN, AG, SR, V and RM Districts shall have a maximum diameter of three
feet. A zoning permit is not required to install a satellite dish
with a diameter of three feet or less. An unused satellite dish shall
be removed from the exterior of a building.
7.
Alternative Energy Sources.
D.
Outdoor Burners. Outdoor burners used to provide indoor heat shall
be permitted as accessory use in the AG District, subject to the following:
(1)
The minimum lot size for such outdoor burner shall be three
acres.
(2)
Fuel Sources.
(a)
Permitted fuel sources include: clean wood or wood pellets made
from clean wood; home heating oil, natural gas, or propane that complies
with all applicable sulfur limits and is used as a starter or supplemental
fuel for dual-fired boilers; or any other fuel specified by the manufacturer
and approved in writing by DEP.
(b)
Combustion of the following fuel substances is expressly prohibited:
industrial waste, rubber, plastics, used motor oil, toxic chemicals,
contaminated waste, yard waste, household garbage, cardboard and wastepaper,
animal waste and any material prohibited for combustion by federal
or state statute.
(3)
The outdoor burner shall be an EPA-qualified Phase 2 appliance
under the Phase 2 Voluntary Partnership Program for hydronic heaters,
or if amended, meeting the most recent standards for emission levels.
Such heater shall maintain the hangtag (i.e., white hangtag for Phase
2) demonstrating compliance on the boiler unit at all times. Manufacturer
specifications shall be submitted as part of the application.
(4)
Such outdoor burner shall be set back a minimum of 150 feet
from any property line, and no burner shall be located between the
principal building and the street right-of-way line.
(5)
All outdoor burners shall have an attached stack with a minimum
height of 10 feet that also extends at least two feet above the highest
peak of any residence located less than 150 feet from the outdoor
wood heater.
(6)
In the event that an outdoor burner is damaged, abandoned, or
physically decayed to the point of becoming noncompliant with this
section, the burner shall be removed and/or replaced with a new unit
within 60 days of the date that notice is received from the Township.
In the event of replacement, all provisions of this section in effect
at the time of replacement shall be complied with.
8.
Waste Disposal. Unless otherwise specified, dumpsters for refuse
and/or recycling may be permitted within the side or rear yard, provided
such dumpsters are screened from any adjoining roads and/or properties.
All dumpsters shall be set back a minimum of 20 feet from any adjoining
SR, V, RM, or MU Districts, unless the underlying zoning district
requires a greater setback. All waste receptacles shall be completely
enclosed within a masonry or framed enclosure with a self-closing
door or gate. Where multiple uses are permitted, one central collection
area shall be provided for all users in each building, except that
buildings greater than 250 feet in length may be permitted an additional
collection area.
9.
Man-Made Lakes, Dams, Ponds, and Impoundments. Such features shall
only be allowed to be created consistent with regulations and permits
of DEP. The Zoning Office may require that an applicant provide evidence
of such permits and approvals. Such features shall also comply with
the Township Stormwater Management Ordinance.[1] Ornamental ponds or fish ponds of less than 15 feet width
in any direction are not regulated by this chapter.
10.
Garage/Yard Sales. On any lot, an owner and/or occupant may conduct
up to three garage/yard sales per year. No garage or yard sale shall
be conducted for a period longer than three consecutive days. Such
sales may offer for sale personal possessions; no import or stocking
of inventory shall be permitted. One four-square-foot sign shall be
permitted advertising the garage/yard sale located upon the premises
where the sale occurs and shall be removed promptly upon the completion
of the sale. In no case shall any aspect of the garage/yard sale be
conducted in a street right-of-way. The conduct of garage sales beyond
the extent described herein represents a commercial business and requires
appropriate zoning authorization.
11.
Accessory Repair of Personal Motor Vehicles. The routine maintenance,
repair and servicing of personal motor vehicles, owned and/or leased
by the person performing such services, is permitted, subject to the
following restrictions, except for activities within an approved principal
commercial or industrial use:
A.
All vehicles kept outdoors shall have a current state license and
state inspection sticker.
B.
Repair work shall only be performed on motor vehicles that are owned
or leased by a resident of the property.
C.
Work shall be limited to the following:
(1)
Servicing and replacement of spark plugs, batteries, distributors
and distributor parts.
(2)
Repair and replacement of tires and wheels, excluding recapping
or regrooving.
(3)
Replacement of water hoses, fan belts, brake fluids, transmission
fluid, oil filters, air filters, oil, grease, light bulbs, fuses,
floor mats and carpeting, seat covers, seat belts, windshield wipers,
mirrors, and engine coolants.
(4)
Repair and replacement of sound systems.
(5)
Cleaning and flushing of radiators.
(6)
Repair and replacement of fuel pump, oil pump, and line repairs.
(7)
Minor servicing and adjustment of carburetors.
(8)
Minor motor adjustments not involving the removal of the motor
head or crankcase, nor the revving of the motor.
(9)
Minor body repairs, excluding the replacement of body parts,
the complete repainting of the body and the application of undercoating.
(10)
Cleaning and the application of paint sealants.
D.
All by-products or waste fuels, lubricants, chemicals, and other
products shall be properly disposed of.
E.
All such activities shall be conducted at times that do not disturb
adjoining residents owing to noise.
F.
No compressed-air driven tools shall be utilized.
12.
Personal Motor Vehicles, Trucks and Recreational Items. Within any district, the occupant of a residential dwelling may maintain as an accessory use motor vehicles, recreation vehicles, boats, campers, trailers used to transport recreational boats and trailers, and trucks with a gross vehicle weight of less than 10,000 pounds; provided, however, that all such items shall be exclusively for personal use of the occupants of the dwelling, shall be stored in accordance with § 27-303, and shall not be used in connection with any business or commercial enterprise, whether such business or commercial enterprise is located on the property or at another location, or is operated out of the vehicle. The use of a personal vehicle for commuting to and from the occupant's place of employment or to job sites shall not be considered use in connection with a business for the purposes of this section. In addition, a maximum of one vehicle of 10,000 or more pounds gross vehicle weight may be kept on a residential lot in an AG or residential district if it is parked a minimum of 100 feet from any dwelling other than the dwelling of the operator of the vehicle.
A.
The following shall not be permitted as an accessory use to a dwelling:
(1)
The offering of a vehicle parked on or adjacent to the property
for sale more than twice a year.
(2)
The repeated parking of a vehicle on a public street within
or abutting a residential zoning district that has a gross vehicle
weight of more than 10,000 pounds, except as is necessary for on-site
construction or service of the property.
13.
Personal Storage Units or Temporary Waste Dumpsters. Portable storage
units or temporary waste dumpsters are permitted to be placed upon
a property for a period of less than 60 total days per calendar year.
Such items shall not be placed in any clear sight triangle, nor block
vehicular or pedestrian traffic. Such items shall not be placed in
any street right-of-way nor closer than 10 feet to any lot line of
another dwelling, except that a permit may be issued by the Code Official
to use an on-street parking space if no other feasible alternative
exists.
14.
On-Site Residence. In the MU, COM, LC, Q or I Districts, a building
or portion thereof may be used for residential purposes for one family,
including an owner, caretaker, watchman, janitor or employee employed
on the premises.
15.
Vehicle Repair. Hydraulic hoists, pits and all lubrication, greasing,
and repair equipment that generates noise off the property shall be
entirely enclosed within buildings.
16.
Temporary Contractors Office or Real Estate Office. A temporary building
may be used for an on-site sales office while sales are actively underway
within a development. A temporary building may be used for a construction
office and for temporary storage of materials needed for on-site construction,
while on-site construction is actively underway. Such temporary building
shall be removed after the sales or construction has been completed.
17.
Ancillary Uses. Ancillary uses in business/office/industrial parks
for the purpose of providing restricted service uses that will be
an integral part of the park is permitted, subject to the following
conditions:
18.
Retail Sale of Agricultural Products. This use shall involve accessory
sale of agricultural products in a building, a roadside stand, in
a vehicle or trailer, or out in the open, subject to the following:
A.
The principal use of the lot shall be agricultural.
B.
Any new structure installed for the sales shall be no more than 1,000
square feet in floor area.
C.
Any new structure installed for the sales shall be set back a minimum
of 25 feet from any side or rear lot line and a minimum of 20 feet
from the right-of-way.
D.
A minimum of 25% of the products offered for sale must have been
produced on the premises or by the owner or leasee of the land or
by his/her relative.
E.
Off-street parking shall be provided for all nonresident employees
and customers, with a minimum of three spaces located outside of the
right-of-way.
F.
Any on-premises signs shall not exceed 10 square feet in total area
nor exceed a maximum height of eight feet. In addition, up to two
off-premises signs may be allowed of up to 10 square feet sign area
and up to eight feet height, provided they are placed with permission
of the property owner and are removed during seasons when the use
is not in operation. A Township permit is required for those off-premises
signs.
G.
The property shall have provisions for vehicles to turn around within
the property so the vehicles do not need to back onto a street. The
turnaround area is not required to be paved.
H.
See the driveway provisions in Chapter 21, Part 1, of the Penn Township Code of Ordinances. As of the adoption date of this section, such chapter requires that the sight distance for all driveways entering onto any street or road shall comply with the requirements for state highways prescribed by PennDOT, as provided in 67 Pa. Code § 441.8, as amended.
19.
Temporary Retail Sales.
A.
There shall be no more than two temporary sales events per year,
lasting no more than 30 days each, on any single property.
B.
No more than one event shall take place at one time.
C.
A zoning permit shall be required and shall not be valid for more
than 30 consecutive days.
D.
No more than 10% of the required parking may be displaced.
E.
Temporary sales shall be set back a minimum of 10 feet from the right-of-way.
F.
Temporary sales shall in no way block pedestrian access to sidewalks,
nor be located in any clear sight triangle or right-of-way.
G.
Temporary retail sales areas shall be limited to a maximum of 500
square feet or 5% of the total lot area, whichever is less.
H.
The use shall be operated from a temporary removable structure.
I.
The applicant shall demonstrate that adequate off-street parking
will be provided. The off-street parking for the temporary use may
be shared with permanent off-street parking for an existing use.
J.
The applicant shall demonstrate that any signs will be temporary
in nature, and such signs shall not exceed the number or area which
would be permitted if the use were a permanent use.
20.
Noncommercial Keeping of Animals. The following standards shall not
be interpreted as applying to animal or veterinary hospitals, kennels,
stables, or normal farming operations:
A.
In any zoning district, it is permitted to maintain up to a maximum
of five total dogs and cats of more than six months of age on a lot
of less than two acres. A maximum of 10 total dogs and cats of more
than six months of age shall apply to a lot of two or more acres,
unless the use is approved as a kennel. A numeric limit shall not
apply to cats customarily kept as part of a principal agricultural
operation.
B.
The noncommercial keeping of small farm animals and fowl, such as
chickens, turkeys, geese, ducks and pigeons on a noncommercial and
strictly incidental basis shall be permitted in all districts and
shall meet the following standards:
(1)
Minimum lot area: 10,000 square feet.
(2)
A maximum of five animals shall be permitted on parcels between
10,000 square feet and 1.00 acre.
(3)
A maximum of 10 animals shall be permitted on parcels between
1.00 and 1.99 acres.
(4)
A maximum of 20 animals shall be permitted on parcels between
two acres to 2.99 acres.
(5)
A maximum of 30 animals shall be permitted on parcels of greater
than three acres, but less than 10 acres. Lots of 10 or more acres
do not have a numeric restriction.
(6)
Adult roosters shall not be kept on a lot of less than five
acres in a residential district.
(7)
All structures used to house the animals shall be located in
the rear or side yards and set back a minimum of 100 feet from any
dwelling other than the dwelling of the owner of the animals, except
that such setback shall be reduced to 60 feet for the keeping of up
to five chickens or similar animals.
(8)
Enclosures, including structures and outdoor areas, shall be
kept neat and sanitary at all times to prevent off-site odors.
(9)
All outdoor pasture/recreation areas shall be enclosed with
fencing to prevent the animals from entering onto streets or the property
of others. Such fencing must be set back at least 10 feet from all
property lines, except such additional setback is not required for
the keeping of up to five chickens or similar animals.
(10)
Any enclosed outdoor area shall be kept in a suitable grass
cover to prevent runoff and shall not be allowed to degrade to an
erodible condition.
(11)
There shall be no outside slaughtering of poultry on parcels
of less than four acres.
C.
The noncommercial keeping of large farm animals, including animals
of the bovine, equine, swine and sheep families, shall be permitted
in the AG, SR and V Districts, based upon the following:
(1)
The minimum lot area shall be two acres for the first animal,
plus one acre for each additional animal, with the majority of that
acreage being accessible to the animal(s).
(2)
A maximum of five animals shall be permitted.
(3)
All structures used to house noncommercial livestock shall be
located in the rear or side yards and set back a minimum of 100 feet
from the nearest dwelling unit other than the principal dwelling unit
on the same lot.
(4)
Outdoor pasture/recreation areas shall be enclosed with fencing
to prevent the escape of the animals; such fencing must be set back
at least 10 feet from all property lines.
(5)
Outdoor pasture/recreation areas shall be maintained with a
suitable grass cover and shall not be allowed to degrade to a muddy,
dusty or barren condition conducive to erosion and runoff.
(6)
All animals, their housing, and their outdoor pasture/recreation
areas shall be properly maintained so as not to become a nuisance
to adjoining properties.
D.
The keeping of "exotic wildlife," as defined by the Pennsylvania
Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq., shall
be permitted only with the issuance of an exotic wildlife possession
permit.
E.
The noncommercial keeping of no more than two horses kept to pull
a passenger vehicle shall be permitted, subject to the following:
(1)
The minimum lot area shall be two acres for the first horse,
plus one acre for a second horse, with the majority of that acreage
being accessible to the horse(s). As a special exception use, approval
may be granted by the Zoning Hearing Board to keep a horse on a one-acre-minimum
lot, if the applicant proves such horse is needed for religious reasons
and that a larger lot area is not feasible.
(2)
The horse(s) is the principal mode of transportation for the
resident.
(3)
Safe sight distance at the intersection of any driveway to be used by the horse(s) shall be demonstrated in accordance with Chapter 22, Subdivision and Land Development.
(4)
All structures used to house the horse(s) shall be located in
the rear or side yards and set back a minimum of 100 feet from the
nearest dwelling unit other than the principal dwelling unit on the
same lot.
(5)
Outdoor pasture/recreation areas shall be enclosed with fencing
to prevent the escape of the horse(s); such fencing must be set back
at least 20 feet from all property lines.
(6)
Outdoor pasture/recreation areas shall be maintained with a
suitable grass cover and shall not be allowed to degrade to a muddy,
dusty or barren condition conducive to erosion and runoff.
(7)
All horses, their housing, and their outdoor pasture/recreation
areas shall be properly maintained so as not to become a nuisance
to adjoining properties.
21.
Beekeeping as a Nonfarm Accessory Use. Beekeeping may be conducted
on a lot accessory to a residential use, subject to the standards
listed below. Beekeeping on a farm is considered as an agricultural
activity.
A.
Beehives shall be located within an area with a six-foot-high fence,
unless the hives are kept a minimum of 60 feet from any lot line or
street right-of-way. A warning sign shall be placed on the fence,
and the fence is recommended to be mostly solid.
B.
Beehives shall not be located within a front yard and shall be set
back at least 15 feet from side and rear lot lines.
[Ord. No. 2022-01, 1/10/2022]
1.
Recreational Vehicles, Boats and Trailers. Within any residential
district, or upon any property used principally for residential purposes,
the keeping of recreational vehicles, boats, trailers used to carry
recreational vehicles or boats, or utility trailers is permitted only
according to the following requirements:
A.
A recreational vehicle, boat or trailer that is kept on the front
yard of a residential lot shall be kept on an approved hard surface,
such as a driveway. Such items shall not be kept where it would obstruct
safe sight distances.
B.
A recreational vehicle, boat or trailer shall be kept in a location
that meets accessory side and rear structure setback requirements,
and shall be kept on a surface that is hard-surfaced, covered with
grass or similar vegetation, or is stabilized to avoid muddy or dusty
conditions.
C.
All unpaved areas used for the storage of recreational vehicles,
boats and trailers shall be maintained to keep any vegetation properly
trimmed, and debris and litter shall be disposed of regularly. All
vehicles shall maintain required state licensure and/or registration
as applicable, and be maintained to prevent the leakage of fuels and/or
lubricants into the ground.
D.
A recreational vehicle shall not be used by persons as a dwelling
for more than 30 total days per calendar year, except for one recreational
vehicle that may be approved for a resident manager of a campground,
and except as may be issued a temporary permit after a dwelling has
become uninhabitable because of a natural disaster or fire damage.
A zoning permit shall be required if a recreational vehicle is used
as a dwelling for more than seven days outside of an approved campground.
E.
A recreational vehicle, boat or trailer shall not occupy a required
off-street parking space, except for time required to load and unload.
F.
The trailer of a tractor-trailer combination or a container that
was designed to function as a part of such a trailer shall not be
parked on a lot of less than five acres in a residential district,
except as may be allowed to serve a principal agricultural or a nonconforming
business use.
2.
Outdoor Stockpiling. In all districts, no outdoor stockpiling of
any material or outdoor storage of trash is permitted in the minimum
front yard. In any residential district, the outdoor stockpiling of
materials (except firewood) for more than one year is prohibited.
3.
Trash, Garbage, Refuse, or Junk. Putrescent garbage shall be stored
in a covered container and be properly disposed of at least once a
week. The outdoor accumulation of other trash, refuse, or junk for
a period exceeding 15 days is prohibited.
4.
Dumpsters. All trash dumpsters shall be located within a side or
rear yard, screened from adjoining roads and properties, and completely
enclosed within a masonry or fenced enclosure equipped with a self-latching
door or gate.
5.
Domestic Composting. The placement of framed enclosured compost areas
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.
[Ord. No. 2022-01, 1/10/2022]
1.
The minimum required yard as set forth in Part 2 shall remain unoccupied and unobstructed from the ground up except as may be specifically provided for in this chapter.
2.
Modification of Front Yard Setback for Buildings on Built-up Streets.
Where 40% of the lots on a block face are nonconforming, a proposed
unit may be set back at so as to blend in with the average distance
of existing nearby structures. However, in no case shall the setback
line be less than five feet from any abutting street right-of-way
line.
3.
Permitted Encroachments into Required Setbacks.
A.
Cornices, eaves, chimneys, steps, stoops, canopies, fire escapes,
required basement egress structures, air conditioners, and similar
extensions may project up to a maximum of four feet into a required
yard.
B.
Enclosed porches, decks and patios shall be considered part of the
main building and shall not project into any required yards. Unenclosed
porches or decks that are elevated above the ground level or that
have a roof (with open sides) shall be permitted to project into the
front yard setback a maximum of six feet. Unenclosed porches or decks
that are elevated above the ground level (which may be covered by
a roof with open sides) shall be permitted to project into the rear
yard setback a maximum of 15 feet, provided they also maintain a minimum
setback of 10 feet from a rear lot line of another dwelling. Ground
level unenclosed and unroofed patios for dwellings shall be allowed
within setbacks.
C.
The following are permitted within the required setbacks: customary
utility poles, minor public utility structures, Township-approved
bus shelters for public bus service or school buses, mailboxes, fences,
hedges and necessary retaining walls.
4.
Maximum Building Setback. In order to provide for visual diversity
and interest along a streetscape:
A.
Up to 10% of the buildings along a street may be offset from the
maximum building setback a maximum of two feet in either direction.
B.
A maximum of 40% of an individual building facade may be offset from
the maximum building setback line in order to allow for recesses,
projections, outdoor cafes, pocket parks, landscaped plazas, or closely
similar features.
5.
On any residential lot existing prior to January 1, 2019, which is
less than 10,000 square feet in area and which is developed with a
single-family detached dwelling, the maximum lot coverage shall be
60%.
[Ord. No. 2022-01, 1/10/2022]
1.
The height regulations do not apply to the following structures or
projections:
A.
Water towers, utility poles, smokestacks, farm silos, industrial
smokestacks, flagpoles, or other similar structures, provided such
structures or projections are set back a horizontal distance at least
equal to their height from any property line. Wind turbines and communications
towers and antennas are not required to meet the height requirement
for the zoning district, provided they meet the height requirements
for such use.
B.
Residential antennas, chimneys, steeples, and cupolas, provided that
they occupy no more than 10% of the roof area.
C.
Rooftop structures for the housing of elevators, stairways, water
storage tanks, heating ventilation or air-conditioning equipment,
and other mechanical appurtenances, provided that such structures
do not cover more than 25% of the roof on which they are located,
and are screened from view from the ground by a parapet, cornice,
roof structure or by being set back from the edge of the roof. This
height exception shall not apply to automated warehouse square footage
or areas used for product storage.
D.
Parapet walls or cornices used solely for ornamental purposes if
not in excess of five feet above the roofline.
E.
Up to 25% of the building floor area may have a height exceeding
the maximum height by 10 feet to allow for an architectural peaked
or pitched roof extension that is not occupied by persons.
F.
Solar panels placed on a building roof may exceed the maximum building
height by five feet.
2.
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.
[Ord. No. 2022-01, 1/10/2022]
A front yard determined by a minimum building setback line,
as provided in each district, shall be required along each street
on which a corner lot abuts. A maximum building setback line, where
established, shall only apply along the street that the building faces
upon.
[Ord. No. 2022-01, 1/10/2022]
All dwelling units shall have a minimum habitable indoor heated
floor area of 400 square feet, except a maximum of 25% of the dwelling
units in a building may have a minimum habitable indoor heated floor
area of 250 square feet.
[Ord. No. 2022-01, 1/10/2022]
[Ord. No. 2022-01, 1/10/2022]
1.
Each principal building erected or moved shall be located on a lot with motor vehicle access onto a public street or a Township-approved private street. Individual dwelling units may have access onto a parking lot that is maintained as part of a rental housing development, condominium association or homeowners' association, provided that the parking lot has Township-approved vehicle access onto a public street. Lots having no direct access shall remain vacant until such approved access is established. Additional access standards are contained in the Chapter 22, Subdivision and Land Development.
2.
See the driveway provisions in Chapter 21, Part 1, of the Penn Township Code of Ordinances. As of the adoption date of this section, among other provisions, such chapter requires that the sight distance for all driveways entering onto any street or road shall comply with the requirements for state highways prescribed by PennDOT, as provided in 67 Pa. Code § 441.8, as amended.
[Ord. No. 2022-01, 1/10/2022]
1.
Applicability. Off-street parking shall be required in accordance
with this section prior to the occupancy of any building or use whenever:
2.
Site Plan Approval.
A.
Each application for a zoning permit or a use for which parking spaces
are required shall include a site plan to scale showing the proposed
layout of the lot. The drawing shall clearly indicate all of the design
elements required in this section.
B.
No zoning permit shall be issued for any use for which parking spaces
are required unless the site plan has been approved or necessary variances
have been obtained.
3.
Required Parking.
A.
Parking shall be provided in accordance with the schedule in § 27-310.12.
B.
Each required parking space shall be designed so that each vehicle
may proceed to and from the parking space without requiring the relocation
of another vehicle. A parking space within a garage or carport shall
be considered a parking space meeting the requirements of this section
only if direct and unobstructed access can be provided. Therefore,
if two parking spaces are provided immediately in front of a two-car
garage, only two total parking spaces can be used to meet zoning requirements,
even though there is room for four cars.
C.
All parking spaces shall be provided on the same lot as the use to
which the parking space relates unless otherwise explicitly allowed
elsewhere in this chapter.
4.
Parking and Driveways for Residential Uses Not Contained Within a
CCRC.
A.
There shall be two parking spaces provided for each detached, semidetached
or attached dwelling unit. Each parking space shall be provided behind
the street right-of-way line and may take the form of garages, carports,
parking courts or driveways. If off-street parking is provided by
means of a two-car garage, there shall be a grass or other landscape
strip at least one-foot wide separating the driveway accessing the
two-car garage from any driveway serving any other dwelling unit.
If the off-street parking is provided through a one-car garage and
parking in a driveway or through carports or paved parking spaces
outside of a garage, there shall be a grass or other landscape strip
not less than three feet in width separating such driveway from any
driveway serving any other dwelling unit.
B.
Shared driveways shall not be permitted, unless the Township may
specifically approve them in a subdivision or land development application
after the applicant proves a need for the shared driveway to improve
traffic safety or reduce environmental impacts, and after a shared
maintenance agreement is required.
C.
See also the requirements of the Township Driveway Ordinance.
D.
Multiple-family dwelling developments shall provide off-street parking
spaces at the rate of two per dwelling unit. Such parking spaces can
take the form of private garages and/or common parking lots, which
must be within 150 feet of the unit served.
E.
Live-work and mixed-use buildings containing residential uses shall
calculate parking requirements for nonresidential and residential
uses. Residential parking shall be calculated at the rate of 1.5 spaces
per one-bedroom apartment, and two spaces per two-bedroom apartment.
Residential parking spaces shall be physically distinguished from
those proposed for business patrons and shall be marked accordingly.
5.
6.
Parking Lot Design Standards.
A.
Curbs and Wheelstops. Parked vehicles may not overhang interior landscaped
areas more than 2 1/2 feet. Parking spaces shall be guarded by
curbs or other protective devices, which are arranged so that parked
cars cannot project into streets, yards or walkways.
B.
All parking lots shall be constructed and maintained with a paved
surface of concrete or bituminous materials, or another dust-free
surface, approved by the Board of Supervisors as part of an approved
stormwater, subdivision or land development plan. If a pervious material
is proposed to be used, a construction detail shall be provided for
review by the Township, as well as a maintenance plan to ensure that
the material will remain pervious over time.
C.
Parking lots shall be graded to a minimum slope of 1% to provide
for drainage. Adequately sized inlets and storm sewers shall be provided
to discharge stormwater in accordance with a plan to be approved by
the Township.
D.
Setbacks. Parking lots with more than five spaces shall be set back
a minimum of 20 feet from the street line, unless otherwise provided
in other sections of this chapter.
E.
Interior Drive Widths.
(1)
Interior drives between rows of parking spaces shall have the
minimum widths indicated in the following table:
|
Angle of Parking
|
Width of Driveway in Feet; One-Way Traffic
|
Width of Driveway in Feet; Two-Way Traffic
|
|---|---|---|
|
90°
|
24
|
24
|
|
60°
|
20
|
22
|
|
45°
|
18
|
22
|
|
30°
|
11
|
22
|
|
Parallel
|
11
|
22
|
(2)
Interior drives in areas where there is no parking permitted
shall be at least 11 feet wide for each lane of traffic.
F.
Marking of Parking Spaces and Interior Drives. All parking lots shall
be adequately marked and maintained for the purpose of defining parking
spaces and interior drives. As a minimum, the lines of all parking
spaces and interior drives (including directional arrows, etc.) shall
be solid white and four inches in width. Painted lines, arrows and
dividers shall be provided and maintained to control parking, when
necessary to direct vehicular circulation. Parking areas for over
30 vehicles shall be divided by permanent raised curbing that clearly
defines parking spaces from designated access lanes.
G.
Not less than a four-foot radius of curvature shall be permitted
for horizontal curves in parking areas.
H.
Dead-end Parking. All dead-end parking lots shall be designed to
provide sufficient backup area for all end spaces.
I.
Speed Bumps.
(1)
Speed bumps shall be marked with prominent paint (such as yellow
or white diagonal stripes).
(2)
The speed bumps shall be in the form of mounds or depressions
in the pavement and shall be designed to restrain motor vehicle speed.
(3)
There shall be a warning sign posted at each approach to a speed
bump.
(4)
In no case shall the overall height (or depth) of speed bumps
exceed three inches.
J.
Applications shall comply with the screening and landscaping requirements in Chapter 22, Subdivision and Land Development.
(1)
If a parking lot of under 20 spaces is built without interior
landscaping, and later additional spaces are added so that the total
is 20 or more, interior landscaping shall be provided for the entire
parking lot.
K.
Screening. When a parking lot is located on property which adjoins
land in a residential district, the parking lot shall be screened
from the adjoining residential property.
7.
Parking Lot Access. Every parking lot shall be connected to a street
by means of an access drive. This access drive shall be at least 12
feet wide for each lane, exclusive of curb return and gutters.
8.
Shared Parking. In TNDs and commercial or office developments, joint
parking lots may be permitted. These joint facilities can reduce the
total number of parking spaces required by a maximum of 20%. Therefore,
the resulting joint parking lot will be required to provide at least
80% of the total number of spaces required by the sum of all of the
center's tenants. Such reduced parking spaces shall be appropriately
distributed upon the lot to provide convenient walking distance between
every space and each of the center's stores. Easements shall authorize
any sharing of parking across lot lines if the applicant is approved
for the reduction of parking.
9.
Reduction of Parking.
A.
Where a developer or the Township believes the parking requirements
are excessive for the proposed uses and provides a reasonable explanation,
such as shared parking arrangements or mixed-use development, a special
study conducted by a transportation planner or engineer citing similar
uses and based on a detailed analysis of peak-hour parking of the
proposed use shall be submitted at the developer's expense. The Zoning
Officer shall make the determination to approve the request to reduce
parking based on the special study and examination of the associated
sketch plan. The Township may substitute or rely on the special study
for that specific property. All such special studies may be requested
by the Township at time of sketch or preliminary plan and shall follow
the following format:
(1)
A narrative discussion of the type of use and an explanation
of why such use is unique from a parking needs standpoint.
(2)
Basic traffic generation data such as numbers of anticipated
vehicles entering and exiting the site at peak hours.
(3)
Proposed means of parking/traffic mitigation measures such as
car pools/vanpools, varied workshifts, company-operated buses or shuttles
and employee incentives for utilizing alternate modes of transportation.
(4)
Shared parking analysis based upon an accepted source, such
as the Urban Land Institute's Shared Parking Standards, as amended.
10.
Prohibited Uses of a Parking Lot. Automobile parking lots are for
the sole purposes of accommodating the passenger vehicles of persons
associated with the use which requires them. Parking lots shall not
be used for the following:
A.
The sale, display or storage of automobiles or other merchandise.
B.
Parking/storage of vehicles accessory to the use.
C.
Performing services (including services to vehicles).
D.
Required off-street parking space shall not be used for loading and
unloading purposes, except during hours when business operations are
suspended.
11.
Parking Structures.
A.
Parking structures shall not exceed the maximum height requirements
of the district, even if the structure is not considered to be a building.
B.
In no case shall the parking structure be taller than the principal
building on the lot.
C.
Principal parking structures shall meet all applicable dimensional
regulations of the underlying district, including any maximum building
setback line, unless the parking spaces are behind or under a principal
building.
12.
Required Parking Spaces. The following table lists required numbers
of parking spaces by type of use. Any use involving a combination
of several uses shall provide the total number of spaces required
for each individual use, unless otherwise specified by this chapter.
The term "employee" shall include all persons working on-site at peak
periods of time, including contractors, adult volunteers and any overlapping
shifts. Parking space requirements shall be rounded to the nearest
whole number.
|
Use
|
Number of Off-Street Parking Spaces Required
|
Plus 1 Off-Street Parking Space for Each:
| |
|---|---|---|---|
|
A. RESIDENTIAL USES:
| |||
|
1. Dwelling Unit, other than types listed separately in this
table
|
2 per dwelling unit. See § 310.3B about vehicles that
must be moved from one space in order to access the second space.
Where a second parking space per dwelling unit cannot be provided
on-site, the second space may be provided through on-street parking
spaces on the same side of the street adjacent to the homes or an
overflow parking lot with a Township-approved system for maintenance.
Such parking shall be provided within a maximum of 300 feet from the
dwellings that are served by it.
| ||
|
2. Home Occupation
|
Where special exception approval is required for a general home
occupation, the Zoning Hearing Board may require additional off-street
parking depending upon the demand created by the use and the availability
of on-street parking.
|
Required parking for the dwelling unit
| |
|
3. Housing Permanently Restricted to Persons 55 Years and Older
and/or the Physically Handicapped
|
1 per dwelling/rental unit, except 0.5 per dwelling/rental unit
if the age limit is 62 and older
|
1.1 Nonresident Employee
| |
|
4. Boarding House or Fraternity or Sorority House
|
1 per 2 adult residents
|
1.1 Nonresident Employee
| |
|
5. Group Home
|
1 per 2 adult residents, unless the applicant proves the home
will be limited to persons who will not be allowed to drive a vehicle
from the property
|
Employee, plus space for the largest vehicle (such as a van)
that will regularly be parked at the property
| |
|
B. INSTITUTIONAL USES:
| |||
|
1. Assisted Living Facility, Personal Care Home, Hospice, or
Similar Retirement Community
|
1 per 6 beds that are not within dwelling units, plus 0.5 for
each dwelling unit
|
1.1 Employees
| |
|
2. College or University
|
1 per 1.5 students not living on campus who attend class at
peak times, plus one space for every 3 persons living in on-campus
housing (other than students forbidden from having a car in the Township)
|
1.1 Employees
| |
|
3. Day-Care Center
|
1 per 12 children, with spaces designed for safe and convenient
dropoff and pickup. The Township may, at its discretion, approve one
or more short-term on-street parking spaces to meet this requirement.
|
1.1 Employees
| |
|
4. Hospital
|
1 per 4 inpatient or outpatient beds
|
1.1 Employees
| |
|
5. Library, Community Center or Cultural Center or Museum
|
1 per 5 seats (or 1 per 300 square feet of floor area accessible
to patrons and/or users if seats are not typically provided)
|
1.1 Employees
| |
|
6. Nursing Home
|
1 per 10 beds
|
1.1 Employees
| |
|
7. Place of Worship (includes Church)
|
1 per 5 seats in room of largest capacity. For pews that are
not individual seats, each 50 inches shall count as 1 seat. An accessory
day-care center is not required to provide additional parking.
|
1.1 Employees
| |
|
8. School, Primary or Secondary
|
1 per 4 students aged 16 or older
|
1.1 Employees
| |
|
9. Swimming Pool, Nonhousehold
|
1 per 50 square feet of water surface, other than wading pools
|
1.1 Employees
| |
|
10. Temporary Shelter
|
1 per 10 adult residents
|
1.1 Employees
| |
|
11. Treatment Center or Criminal Halfway House
|
1 per 3 residents aged 16 years or older plus 1 per 2 nonresidents
intended to be treated on-site at peak times, except for residents
forbidden from having vehicles
|
Nonresident Employee
| |
|
12. Utility Facility
|
1 per vehicle routinely needed to service facility
| ||
|
C. COMMERCIAL USES:
|
All commercial uses, as applicable, shall provide additional
parking or storage needed for maximum number of vehicles stored, displayed
or based at the lot at any point in time. These additional spaces
are not required to meet the stall size and parking aisle width requirements
of this chapter.
| ||
|
1. Adult Use
|
1 per 50 square feet of building floor area
|
1.1 Employees
| |
|
2. Auto Service/Gas Station or Auto Repair Garage
|
5 per repair/service bay and 1/4 per fuel nozzle with such spaces
separated from accessways to pumps
|
Employee; plus any parking needed for retail sales
| |
|
3. Auto, Boat, Recreational Vehicle or Manufactured Home Sales
|
1 per 30 vehicles, boats, RVs or homes displayed
|
1.1 Employees
| |
|
4. Bed-and-Breakfast Inn
|
1 per rental unit plus 2 for the operator's dwelling unit
|
1.1 Nonresident Employee
| |
|
5. Bowling Alley or Pool Hall
|
2 per lane plus 2 per pool table
|
1.1 Employees
| |
|
6. Car Wash
|
1 space per lane for drying and/or vacuuming areas.
|
1.1 Employees
| |
|
7. Exercise Club
|
1 per 300 square feet of floor area accessible to customers
| ||
|
8. Financial Institution (includes bank)
|
1 per 300 square feet of floor area accessible to customers,
plus office parking for any administrative offices
| ||
|
9. Funeral Home
|
1 per 5 seats in rooms intended to be in use at one time for
visitors, counting both permanent and temporary seating
|
1.1 Employees
| |
|
10. Gaming Establishment
|
1 per 200 square feet of floor area accessible to customers
|
1.1 Employees
| |
|
11. Golf, Miniature
|
1/2 per hole
|
1.1 Employees
| |
|
12. Haircutting/Hairstyling
|
1 per customer seat used for haircutting, hair styling, hair
washing, manicuring or similar work
|
1.1 Employees
| |
|
13. Hotel or Motel
|
1 per rental unit plus 1 per 5 seats in largest meeting room
(plus as required for any restaurant)
|
1.1 Employees
| |
|
14. Laundromat
|
1 per 4 washing machines
|
On-site Employee
| |
|
15. Nightclub or After-hours Club
|
1 per 4 persons of allowed building capacity under the Fire
Code
|
1.1 Employees
| |
|
16. Offices, primarily medical or dental
|
1 per 300 square feet of total floor area, other than shared
lobby space
| ||
|
17. Offices, other than above
|
1 per 400 square feet of total floor area, other than shared
lobby space
| ||
|
18. Personal Service Use, other than haircutting/hairstyling
(min. of 2 per establishment) or Business Service Use
|
1 per 400 square feet of floor area accessible to customers
|
1.1 Employees
| |
|
19. Recreation, Indoor (other than bowling alley), Membership
Club or Exercise Club
|
1 per 5 persons of maximum capacity of all facilities
|
1.1 Employees
| |
|
20. Recreation, Outdoor (other than uses specifically listed
in this table)
|
1 per 5 persons of capacity (50% may be on grass overflow areas
with major driveways in gravel)
|
1.1 Employees
| |
|
21. Restaurant or Tavern
|
1 per 5 seats, or 3 total spaces for a use without customer
seats
|
1.1 Employees
| |
|
22. Retail Sales (other than types separately listed and other
than a shopping center)
|
1 per 300 square feet of floor area of rooms accessible to customers
| ||
|
23. Retail Sales of Only Furniture, Lumber, Carpeting, Bedding,
Floor Coverings or Similar Home Improvements
|
1 per 1,000 square feet of floor area of rooms accessible to
customers
| ||
|
24. Shopping Center which includes multiple retail establishments
on a lot, and which may also include restaurants
|
1 per 300 square feet of total floor area, other than nonleasable
space such as shared lobbies
| ||
|
25. Stadium, Arena or Commercial Auditorium
|
1 per 5 seats, provided that spaces shared with other business
uses that are not typically used on weekends or after 5:00 p.m. on
weekdays may also be counted for these uses
|
1.1 Employees
| |
|
26. Theater
|
1 per 5 seats, provided that spaces shared with other business
uses that are not typically used on weekends or after 5:00 p.m. on
weekdays may be also counted for these uses
|
1.1 Employees
| |
|
27. Trade/Hobby School
|
1 per 2 students on-site during peak use
|
1.1 Employees
| |
|
28. Truck Stop
|
Space at each dispenser, plus one additional truck parking space
for each high-speed diesel dispenser
|
1.1 Employees
| |
|
29. Veterinarian Office
|
4 per veterinarian
|
1.1 Employees
| |
|
E. INDUSTRIAL USES:
All industrial uses (including warehousing, distribution and
manufacturing)
|
In addition to parking or storage needed for maximum number
of vehicles stored, displayed or based at the lot at any point in
time, which spaces are not required to meet the stall size and aisle
width requirements of this chapter
|
1 per 1.1 employee, based upon the maximum number of employees
on-site at peak period of times
| |
|
Self-Storage Development
|
2, plus room in aisles for temporary parking that allows a second
vehicle to pass a parked vehicle
|
1.1 Employee
| |
[Ord. No. 2022-01, 1/10/2022]
1.
Off-street loading shall be required in accordance with this section
prior to the occupancy of any building or use, so as to alleviate
traffic congestion on streets. These facilities shall be provided
whenever:
2.
Site Plan Approval.
A.
Each application for a zoning permit for a use that will involve
off-street loading activities shall include a site plan drawn to scale
showing the proposed layout of the loading area. The drawing shall
clearly indicate the design elements required below.
B.
No zoning permit shall be issued for any use for which a loading
area is required, unless the site plan has been approved or necessary
variances have been approved.
3.
Surfacing. All off-street loading facilities, including access drives,
shall be constructed and maintained with a paved surface of concrete
or bituminous materials, or another dust-free surface that is approved
by the Township.
4.
Location. Except as provided elsewhere, a ground level loading area
may be located in any side or rear yard. No exterior portion of an
off-street loading facility (including access drives) shall be located
within 50 feet of any land within a residential district. Where possible,
off-street loading facilities shall be located on the face of a building
not facing any adjoining land in a residential district.
5.
Connection to Street. Every loading space shall be connected to a
street by means of an approved access drive. The access drive shall
be at least 24 feet wide for two-way travel, or 18 feet wide for one-way
travel, exclusive of any parts of the curb and gutters.
6.
Separation from Streets, Sidewalks, and Parking Lots. Off-street
loading spaces shall be designed so that there will be no need for
service vehicles to back over streets or sidewalks. Furthermore, off-street
loading spaces shall not interfere with off-street parking lots.
7.
Drainage. Off-street loading facilities (including access drives)
shall be drained to prevent damage to other properties or public streets.
Furthermore, all off-street loading facilities shall be designed to
prevent the collection of standing water on any portion of the loading
facility surface, particularly next to access drives.
8.
Required Off-Street Loading Facilities Sizes. The following lists
required minimum loading space sizes, in feet (excluding access drives,
entrances and exits):
|
Facility
|
Length
|
Width
|
Height
(If Covered or Obstructed)
|
|---|---|---|---|
|
Industrial, Wholesale and Storage Uses
|
63 feet
|
11 feet
|
15 feet
|
|
All Other Uses
|
33 feet
|
11 feet
|
15 feet
|
9.
Lighting. Adequate lighting shall be provided if the loading facility
is to be used at night. The lighting shall be arranged so as not to
be directed, reflected or cause glare off the site.
10.
Landscaping and Screening Requirements. Unless otherwise indicated,
all off-street loading docks shall be screened from adjoining residentially
zoned properties and/or adjoining public streets.
11.
Schedule of Off-Street Loading Spaces Required. The full burden of
proof shall be upon the applicant to show that there will be sufficient
numbers of off-street parking spaces of sufficient sizes to accommodate
all of the loading and unloading needs within the applicant's property,
without interfering with traffic on streets. The following numbers
of off-street loading spaces shall apply, unless the applicant proves
to the satisfaction of the Zoning Hearing Board as a special exception
application that a reduced number of spaces is needed.
|
Type of Use
|
Number of Loading Spaces Per
|
Gross Floor Area/Dwelling Unit
|
|---|---|---|
|
Hospital or other institution
|
None
1.0
+ 1.0
|
First 10,000 square feet
10,000 to 100,000 square feet
Each additional 100,000 square feet (or fraction)
|
|
Hotel or motel or convention center
|
None
1.0
+ 1.0
|
First 20,000 square feet
20,000 to 100,000 square feet
Each additional 100,000 square feet (or fraction)
|
|
Industry or manufacturing
|
None
1.0
+ 1.0
|
First 2,000 square feet
2,000 to 25,000 square feet
Each additional 40,000 square feet (or fraction)
|
|
Multifamily dwelling
|
Space suitable for moving vans, trash trucks and delivery trucks
| |
|
Office building, including banks
|
None
1.0
+ 1.0
|
First 10,000 square feet
10,000 to 100,000 square feet
Each additional 100,000 square feet (or fraction)
|
|
Retail sales, personal service and restaurants
|
None
1.0
+ 1.0
|
First 2,000 square feet
2,000 to 100,000 square feet
Each additional 100,000 square feet (or fraction)
|
|
Shopping centers (integrated shopping centers, malls and plazas)
having at least 25,000 square feet
|
None
1.0
+1.0
|
25,000 square feet up to 100,000 square feet
Each additional 100,000 square feet
|
|
Theater, auditorium, bowling alley, or other recreational establishment
|
None
1.0
|
First 10,000 square feet
10,000 or more square feet
|
|
Funeral home
|
None
1.0
|
First 5,000 square feet
5,000 or more square feet
|
|
Wholesale or warehousing (except self-storage development)
|
None
1.0
+1.0
|
First 1,500 square feet
1,500 to 10,000 square feet
Each additional 40,000 square feet (or fraction)
|
[Ord. No. 2022-01, 1/10/2022]
1.
Applications shall comply with the buffer yard, screening and landscaping requirements in Chapter 22, Subdivision and Land Development. If a principal nonresidential use or building is expanded or developed, but the project is not regulated under the Chapter 22, Subdivision and Land Development, then the screening and buffer yard requirements of the Chapter 22, Subdivision and Land Development, shall apply under the Zoning Ordinance, and are hereby included by reference.
A.
A landscaped buffer yard shall be provided between any outdoor industrial
storage area or the overnight parking of two or more tractor-trailer
trucks and any adjacent street, dwelling or residential district.
[Ord. No. 2022-01, 1/10/2022]
1.
Purposes.
A.
To avoid uncontrolled construction, placement, and display of signs
that can create public nuisances, hazards and inconvenience and which
can harm the visibility and marketability of adjacent properties.
B.
To recognize the needs for various types of signs, while avoiding
direct control of content of signs, and while allowing reasonable
opportunities for free speech.
C.
To enhance the Township's ability to attract and retain sources of
economic development and growth.
D.
To reduce traffic hazards caused by signs which may distract, confuse,
and impair the visibility of motorists and pedestrians, or could conflict
with public traffic signs and signals.
E.
To protect the public investment in roads and other public improvements;
and protect property values by ensuring the compatibility of property
with surrounding signs.
F.
To provide reasonable regulations for the size, location and illumination
of exterior signs.
G.
To advance significant public purposes, while minimizing the regulatory
burden upon businesses and other interests.
2.
General Regulations for All Signs.
A.
Signs must be constructed of durable material and maintained in good
condition.
B.
No sign shall be allowed to fall into a state of disrepair, including
but not limited to deterioration, structural problems, illegibility,
or having loose parts separated from original fastenings.
C.
If the Township becomes aware that a sign may have become unsafe,
the Code Official may require the unsafe condition to be corrected
or the sign to be removed within a specified period of time.
D.
Nonconforming Signs. Signs and their illumination existing at the
time of the passage of this chapter which do not conform to the requirements
of this chapter shall be considered nonconforming signs. Once such
a nonconforming sign is destroyed or removed, it shall only be replaced
a conforming sign and lighting. Nonconforming signs may be painted,
repaired (including lighting) and altered in their wording, provided
that such modifications do not not create any new or increased nonconformity.
E.
Abandoned Signs. An abandoned sign shall not be maintained on any
property. An "abandoned sign" is a sign advertising the use of a property
which becomes vacant and unoccupied for a period of six months or
more, or any sign which was erected for a prior occupant or business
or any sign which relates to a time, event or purpose which is past.
Any such abandoned sign shall be removed by the landowner or person
controlling the property or be changed to a blank sign face within
30 days of the abandonment as described above.
F.
Signs may be internally illuminated with nonglaring lights, or may
be illuminated by lights that are shielded so there is no glare transmitted
to other properties or public rights-of-way.
G.
No sign shall be designed to rotate or move to gain attention.
H.
No sign located within 300 feet of any traffic signal shall be illuminated
with red, green or yellow lights in such a way as might cause confusion
with the traffic signal.
I.
Signs must be positioned so that they do not obstruct safe sight
distances or any clear sight triangle.
K.
No sign shall be erected or located as to prevent free ingress or
egress from any window, door or fire escape.
L.
No sign shall be placed in such a position that it will obscure light
or air from a building or which would create a traffic danger.
M.
No sign shall be attached to public utility poles (except for signs
installed by a utility), or trees which are within the right-of-way
of any street.
N.
No sign shall be placed in a manner that could obstruct floodwaters
or catch debris that increases flooding within the 100-year floodplain.
O.
In the event that a symbol, trademark or other such figure is used
as a sign post 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.
P.
In all districts, only those signs referring directly to materials
or products made, sold or displayed on the premises shall be permitted,
except as allowed as an off-premises sign.
Q.
The maximum sign area may apply to each of two sides of a sign, provided
that the sign faces are arranged so that both sides are not readable
from any one point.
R.
Prohibited Signs. The following prohibitions on signs shall apply
in all zoning districts:
(1)
Signs that extend above the roof and are attached to a building
are prohibited, except that a parapet wall may be used to display
a sign, provided the parapet wall does not extend more than 10 feet
above the structural roof.
(2)
Flashing, blinking, twinkling, animated, scrolling, rotating
or moving signs of any type are prohibited. A sign shall not display
electronically moving images.
(a)
In addition, flashing lights visible from a street shall not
be used to attract attention to a business. This restriction specifically
includes window signs, but does not prohibit Christmas-season lighting
or displays.
(3)
Signs which emit smoke, visible vapors, sound or odor are prohibited.
(4)
Signs which contain information that states that a lot may be
used for a purpose not permitted under this chapter are prohibited.
(5)
Signs with characteristics which are likely to confuse the operator
of a motor vehicle on a public street (such as unnecessary use of
the word "danger") are prohibited.
(6)
Balloons of greater than 50 cubic feet that are tethered to
the ground or a structure for periods of over a day and that are primarily
intended for advertising purposes are prohibited.
(7)
Floodlights and outdoor lasers for advertising purposes are
prohibited.
S.
Permission of Owner. No sign shall be posted on any property unless
permission has been received by the owner or entity leasing the property.
T.
Portable Signs on Mobile Stands. Signs on a base that is designed
to be moved to various locations on the back of a truck or using wheels
on the sign are prohibited, except they may be used as a temporary
charitable purpose sign.
3.
Miscellaneous Signs Not Requiring Permits. The following signs shall
be permitted by right within all zoning districts within the following
regulations, and shall not be required to have a permit under this
Part. The signs allowed by this section shall not be internally illuminated
and shall not have a height greater than six feet. No sign shall be
placed in a location that could obstruct views by motorists of pedestrians
and oncoming traffic, including at driveways. No sign shall be placed
within a street right-of-way, except official signs. No sign shall
be attached to trees, utility poles or street signs, except that official
signs and no-trespassing signs may be attached to trees.
|
Type and Definition of Signs Not Requiring Permits
|
Max. No. of Signs per Lot
|
Max. Sign Area per Sign * on A Residential Lot**
(square feet)
|
Max. Sign Area per Sign * on Nonresidential Lots**
(square feet)
|
Other Requirements
|
|---|---|---|---|---|
|
Miscellaneous Temporary Sign (other than Personal Expression
Signs)
See also § 302.18 for signs for Retail Sales of Agricultural
Products
|
1, except 2 on a lot of more than 5 acres or that abuts 2 or
more streets
|
8 square feet per dwelling
|
Total of 50 square feet per lot
|
Shall only be posted while applicable, such as while work is
underway on-site by a contractor, or while property is offered for
sale or lease, or for a maximum of 30 calendar days a year in a commercial
district (such as for a special sale banner)
|
|
Charitable Event Sign - advertises a special event held a maximum
of 9 days in any calendar year that primarily is held to benefit a
legitimate tax-exempt nonprofit organization, place of worship, school,
or charity
|
2
|
Total of 12 square feet per lot
|
Total of 50 square feet per lot
|
Shall be placed a max. of 30 days prior to event and removed
a max. of 7 days after event
|
|
Directional Sign or Services Sign -provides information indicating
traffic direction, entry or exit, loading or service area, directions
to apartment numbers or parking courts in a development, fire lanes,
parking or closely similar information regarding the same lot as the
sign is on, and that does not include advertising. This also includes
a sign that directs persons to conveniences, such as public restrooms.
|
No max.
|
4 per sign, in addition to signs painted on pavement
|
4 per sign, in addition to signs painted on pavement
|
A directional sign for a commercial or industrial use may be
internally illuminated. See also provisions in this section concerning
signs not readable from a lot line or street.
|
|
Flag - a pennant made of fabric or materials with a similar
appearance that is hung in such a way to flow in the wind. See also
"Miscellaneous Temporary Sign" above.
|
1
|
Total of 12 square feet per lot
|
Total of 50 square feet per lot
|
Flags of governments, flags of branches of the military, and
flags that simply include colors, or noncommercial art or patterns
are not regulated by this chapter
|
|
Garage Sale or Open House Sign -advertises an occasional garage
sale/porch sale or auction or a temporary open house of a property
for sale
|
2 per event
|
6 square feet per sign
|
6 square feet per sign
|
Shall be placed no more than 5 days before the event, and be removed within 24 hours after the event. See restrictions in Subsection 3 above about posting on trees, signs and utility poles.
|
|
Identification or Warning Sign -identifies the name, street
address and/or use of a lot (such as for a home occupation or accessory
day care) or indicates a road is private, that hunting or trespassing
is prohibited, that a hazard exists from a utility, or similar purposes
|
1 per household or business per street, but no limit for no-trespassing
or warning signs
|
2
|
8
|
This type of sign in a residential district shall not be internally
lit, and shall not be directly lit by a spotlight
|
|
Personal Expression Sign - see definition in § 27-112. Personal Expression Signs shall not be posted on public parks or property owned by the Township or on a public street right-of-way, except as may be allowed on Election Day outside of a polling location.
|
No maximum on numbers of signs
|
Maximum total of 40 square feet per street frontage
|
Maximum total of 60 square feet per street frontage
|
Personal Expression Signs shall not be placed on property without
the prior consent of the owner. If a Personal Expression Sign does
not meet these requirements, then it shall be regulated as an off-premises
sign
|
|
Service Organization/Place of Worship Sign - an off-premises
sign providing information or directions to a recognized incorporated
service organization or place of worship
|
2
|
12
|
50
|
Maximum of 2 such signs per such organization or place of worship
|
|
NOTES:
|
|
"sf" = square feet.
|
|
"Max." = maximum.
|
|
*
|
Maximum sign areas are for each of two sides of each permitted
sign, measured in square feet.
|
|
**
|
For the purposes of this section, a "nonresidential lot" shall
mean a lot that: a) is occupied by a principal nonresidential use
or b) includes a lot in a commercial or industrial zoning district.
All other lots shall be considered to be residential lots.
|
4.
The following types of signs are not specifically regulated by this
chapter:
A.
Simple changes from one sign face to another sign face, except that
a conversion from a nondigital sign to a digital sign shall need a
zoning permit.
B.
Historic Sign: sign that memorializes an important historic place,
event or person and that is specifically authorized by the Township
or a county, state or federal agency.
C.
Holiday Decorations: signs and displays that commemorate a holiday
recognized by the Township, county, state or federal government or
an individual's own religious holiday, that do not include advertising,
and that are posted a maximum total of 90 days per calendar year.
D.
Not-Readable Sign: sign that is not readable from any street or any
exterior lot line.
E.
Official Sign: sign erected by the state, county, Township or other
legally constituted governmental body, or specifically authorized
by Township ordinance, motion or resolution, and which exists for
public purposes.
F.
Required Sign: sign that only includes information required to be
posted outdoors by a government agency or the Township, such as safety
warnings.
G.
Right-of-Way Sign: sign posted within the existing right-of-way of
a public street and officially authorized by the Township, the county
or PennDOT, including, but not limited to, decorative banners hung
from streetlights that are authorized by the Township.
5.
Freestanding, Wall and Window Signs (On-Premises Signs). The following
are the on-premises signs permitted on a lot within the specified
districts and within the following regulations, in addition to other
signs specifically allowed by this chapter.
|
Zoning District or Type of Use
|
Total Maximum Height of Free Standing Signs (from ground level
to top of sign structure)
|
Total Maximum Area of Wall Signs
|
Total Maximum Area of Window Signs
|
Total Maximum Area and Number of Freestanding Signs
| |
|---|---|---|---|---|---|
|
A.
|
AG, RM, SR, V and CN Districts: with signs in this table limited
to allowed principal nonresidential uses (such as Places of Worship)
See also identification signs (such as for a home occupation)
See TND signs in Subsection C below.
|
8 feet
|
40 square feet on each side of a principal building for a school
or place of worship; 10 square feet on each side of a principal building
for other nonresidential principal uses
|
Temporary nonilluminated window signs are not regulated. Other
window signs shall be considered wall signs.
|
1 sign on each street the lot abuts, each with a maximum sign
area of 40 square feet for a school or place of worship; 10 square
feet per street frontage for other nonresidential principal uses.
See also entrance signs for major residential developments.
|
|
B.
|
CLI, COM, LC, MU, I and Q Districts or any base district not
listed in this table: for principal nonresidential uses
|
20 feet
|
2 square feet of sign area for each linear foot of building
length, on the building side on which such signs are attached
|
Temporary nonilluminated window signs are not regulated. Other
window signs shall be considered wall signs.
|
1 sign per street that the lot abuts, each with a maximum area
of 60 square feet.
See note * below for multiple uses.
An auto service station shall be allowed an additional 40 square
feet of sign area. For drive-through restaurants, see note **.
|
|
C.
|
Signs for business uses within TND in a residential district
|
8 feet
|
2 square feet of sign area for each linear foot of building
length on the building side on which such signs are attached.
Projecting or Awning Sign - An additional sign with a maximum
sign area of 10 square feet on each of 2 sides may project up to 5
feet outward from the building. See the Construction Code requirements,
including the minimum clearance over the sidewalk.
|
Temporary nonilluminated window signs are not regulated.
Other window signs shall be considered wall signs.
|
1 sign per street that the lot abuts, each with a maximum area
of 20 square feet.
See note * below for multiple uses.
Sandwich Board Sign - One additional 10-square-feet per side
portable folding sign is allowed per lot in a location that does not
obstruct 5 feet of width for pedestrian and wheelchair access, and
which is kept inside when the business is not open. Such sign shall
not have electrical wiring.
|
|
NOTES:
| |
|
*
|
If a lot includes two or more distinct principal nonresidential
uses, the maximum freestanding sign area may be increased by 15 square
feet for each principal nonresidential use beyond the first nonresidential
use. For example, in the CLI District, if a lot includes three such
uses, the maximum freestanding sign area shall be 60 plus 30 equals
90 square feet.
|
|
**
|
An allowed restaurant drive-through use may also include two
menu boards with a maximum height of 10 feet and a maximum sign area
of 60 square feet per side, provided the signs are not designed to
be readable from beyond the property line.
|
6.
Major Development Sign. One two-sided sign or two one-sided signs
shall be allowed at up to two exterior street entrances to a subdivision
or land development of 20 or more dwelling units or more than five
principal business uses. Such sign area shall be a maximum of 60 square
feet and may be attached to a wall or fence that meets the subsection
below. If a development includes five to 19 dwelling units, a similar
sign with a maximum of 16 square feet shall be allowed. Such signs
shall not be illuminated, and shall have a maximum total height of
10 feet above the ground.
A.
Signs on Freestanding Walls. A major development sign or any other
allowed freestanding sign face may be attached to a decorative masonry
or stone wall or weather-resistant fence with a maximum height of
six feet and a maximum length of 12 feet, without being regulated
by the wall setback regulations of this chapter and without the entire
wall counting as sign area. Such walls may be placed in a yard, provided
they do not obstruct safe sight distances.
7.
Sign Locations. The setbacks in Subsection A shall not apply to official
signs, nameplate signs, public service signs and directional signs.
A.
Freestanding Signs.
(1)
Freestanding signs shall be set back a minimum of five feet
from any street line.
(2)
Freestanding signs shall be set back from any side lot line
of a principal residential property a distance equal to the total
height of such sign, as measured from the base to the uppermost point
of the frame, structure, or sign face.
B.
A portion of the permitted wall sign area may be placed upon a canopy
or awning.
C.
Signs shall not be located within the existing street right-of-way,
except for official signs and specifically allowed projecting and
sandwich board signs. Should a sign be left within a public street
right-of-way, the Township may remove it and dispose of it, or may
require that the owner pay a removal and storage fee in order to recover
the sign.
8.
Digital Signs. Digital signs are signs that be can be electronically
changed in their message by remote means.
A.
Portable or temporary digital signs are prohibited.
B.
The digital sign shall not be located within 75 feet of any residential
use. The digital sign face shall not face an adjacent residential
use.
C.
When the message is changed, the transition time between messages
shall be instantaneous and without special effects such as dissolving,
spinning, or fading in/out.
D.
The digital sign shall contain a default design that will shut down
the sign or use a static image in case of an electronic malfunction.
E.
The digital sign shall not display any message that moves, appears
to move, is animated, scrolls, flashes, or changes in intensity during
the fixed display period. When the message is changed, the transition
between messages shall be instantaneous and without special effects
such as dissolving, spinning, or fading in and out.
F.
Signs may change their message from time to time, provided that each
message is visible for a minimum of 10 seconds, except as follows:
a) time and temperature signs may change more frequently, and b) if
there is an electronically changing sign area of greater than 50 square
feet, the sign shall not change its message more frequently than once
every 20 seconds. This provision on sign timing shall not regulate
signs that are not readable from a public street and that are not
readable from any dwelling.
G.
A portion of an allowed freestanding or wall sign may be used as
a digital sign. A digital sign is a permitted-by-right use in the
MU, COM, LC, CLI and Q Districts. Digital signs shall need special
exception approval within any other district, where they shall be
limited to allowed principal nonresidential uses, such as schools
and places of worship.
H.
The nighttime lighting of a digital sign shall not cause a lighting
level exceeding 0.3 footcandle above the ambient light level.
9.
Sign Zoning Permits.
B.
All applications for sign permits shall be accompanied by scaled
plans or diagrams showing the following:
(1)
Exact dimensions of the lot, including any right-of-way lines
or building upon which the sign is proposed to be erected.
(2)
Exact size, dimensions, and location of the said sign on the
lot or building together with its type, construction, materials to
be used, and the manner of installation.
(3)
Any other lawful information which may be required of the applicant
by the Zoning Officer.
(4)
Application for permit shall be made in writing to the Zoning
Officer and shall contain all information necessary for such Officer
to determine whether the proposed sign, or the proposed alterations,
conform to all the requirements of this chapter.
(5)
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.
10.
Permitted Off-Premises Signs (Including Billboards). Except for other
types of signs that are specifically allowed by this section to be
off-premises, an off-premises sign is only permitted if it meets the
following requirements:
A.
District. An off-premises sign is only permitted in the LC District,
and may be an accessory use.
B.
Location. An off-premises sign shall be set back a minimum of 35
feet from all lot lines and street rights-of-way.
C.
Maximum total sign area, on each of two sides: 300 square feet. The
two sides shall be arranged so that only one side is readable at one
time.
D.
Spacing. Any off-premises sign of more than 50 square feet of sign
area shall be separated by a minimum of 600 feet from any other off-premises
sign with a sign area greater than 50 square feet, including signs
on either side of a street and including existing signs in other municipalities.
E.
Maximum height: 40 feet above the elevation of the street or highway
that the sign face is directed towards, measured at the street center
line. The bottom of such sign shall be elevated a minimum of 10 feet
above the ground and be designed to be resistant to climbing by unauthorized
persons.
F.
Lighting. A digital off-premises sign shall meet all of the requirements
for a digital sign, as provided above. Lights shall be directed so
they do not shine into the eyes of motorists nor residents of homes.
Lighting shall be directed downwards towards the sign area and shall
be turned off between the hours of 12:00 midnight and 6:00 a.m.
G.
Setbacks. No off-premises sign greater than 50 square feet in sign
area shall be located within 600 feet from: a) the lot line of an
existing principal dwelling, or b) a residential district boundary.
H.
Condition. The sign shall be maintained in a good and safe condition,
particularly to avoid hazards in high winds. The area around the sign
shall be kept free of debris. All properties upon which a billboard
is erected shall be regularly maintained so as not to create a nuisance
by means of weeds, litter or vector habitation. If the message of
a sign is no longer intact, it shall be replaced with a solid color
or a "for lease" sign.
I.
This chapter shall not regulate the placement of tourist-oriented
directional signs, provided the signs are posted along a public street
right-of-way in a manner allowed under PennDOT regulations for such
signs or that are approved by the Township along a Township street.
(Note: These are typically blue signs that direct motorists to various
major destinations.)
J.
An off-premises sign shall not be attached to a building.
11.
Banners and Overhanging Signs. The Board of Supervisors or their
designee may approve the hanging of decorative banners within the
street right-of-way (such as from utility poles or streetlights) and
may approve a sign overhanging across a street to advertise a community
event or festival. One approval may cover a set number of years for
an event that is held annually. Approval from PennDOT may also be
needed if a state road is involved.
12.
Vehicles Functioning As Signs. Any vehicle, trailer or structure
to which a sign is affixed in such a manner that the carrying of such
sign(s) no longer is incidental to the primary purpose of the vehicle,
trailer or structure but instead becomes a primary purpose in itself
shall be considered a freestanding sign and shall be subject to all
of the requirements for freestanding signs in the district in which
such vehicle, trailer or structure is located.
13.
Measurement of Sign Area.
A.
Sign area shall include all lettering, wording and accompanying designs
and symbols, together with related background areas on which they
are displayed. One freestanding sign may include several signs that
are all attached to one structure, with the total sign area being
the combined area of all signs on that side of the sign.
B.
The sign area shall not include any structural support poles or monument-style
areas below the sign message.
C.
Where the sign consists of individual letters or symbols attached
to or painted directly on a building or window, other than an illuminated
background that is a part of the sign, the sign area shall be the
smallest one or two rectangle(s) or triangle(s) that includes all
of the letters and symbols.
D.
The maximum sign area of a sign shall be for each of two sides of
a sign, provided that only one side of a sign is readable from any
location.
E.
Unless otherwise specified, all square footages in regards to signs
are maximum sizes.
14.
Content Flexibility. Where a certain type of business sign is allowed
in a particular district, the landowner or tenant may at his/her option
use part or all of that sign for a noncommercial message in place
of advertising the business. For example, where a business freestanding
sign of a certain size is allowed in a commercial district, instead
of advertising the business, the landowner or tenant may use the sign
for a political message. A permit shall not be required for such change
of content.
15.
Time and Temperature Sign. This type of sign has a sole purpose to
announce the current time and temperature, except it may also include
nonprofit public service messages. The sign shall not flash. One time
and temperature sign with a sign area of up to 40 square feet of sign
area shall be allowed per lot, within a COM or LC district.
[Ord. No. 2022-01, 1/10/2022]
When a use which was established prior to the enactment of this
chapter or any amendment thereto is located in a zoning district where
such use is permitted by special exception, such preexisting use shall
be permitted to continue as of right. Any expansion of such preexisting
use shall require the granting of a special exception by the Zoning
Hearing Board, and the applicant for such special exception shall
demonstrate compliance with all of the standards of this chapter,
including the special exception criteria.
[Ord. No. 2022-01, 1/10/2022]
For the purposes of this chapter, the Township's roads shall
be classified in the following categories:
|
Arterial Roads
|
Collector Roads
|
Local Roads
|
|---|---|---|
|
PA Turnpike
|
Speedwell Forge Road
|
All roads not listed as arterials or collectors are local roads
|
|
PA Rt. 72
|
Mountain Road
| |
|
28th Division Highway/PA Rt. 322
|
West Lexington Road
| |
|
Doe Run Road
|
Penryn Road
| |
|
Fruitville Pike
|
Lititz Road
| |
|
Temperence Hill Road
|
Elm Road
| |
|
Newport Road
|
White Oak Road
| |
|
Sunhill Road
|
[Ord. No. 2022-01, 1/10/2022]
It is the intent of this chapter public sewer and/or public
water services shall not be extended into areas beyond the V, RM,
SR, LC, MU, COM or LC Zoning Districts, except in one of the following
situations: a) such extension is necessary to address failure of existing
on-lot sewage disposal systems; b) such extension is necessary to
provide service to a planned sewer service area; or c) in accordance
with an approved sewage facilities (Act 537) plan.
[Ord. No. 2022-01, 1/10/2022]
1.
As of the effective date of this chapter, all future uses that rely
upon on-lot sewage disposal systems shall be required to provide for
both a primary on-lot disposal site and a replacement on-lot disposal
site. Soils testing and other DEP-approved methods shall be conducted
to establish the suitability of the primary and replacement on-lot
disposal sites. All on-lot sewage disposal systems and sites shall
be approved by the Sewage Enforcement Officer. Furthermore, the alternate
on-lot disposal site shall be perpetually protected from excavation,
construction, compaction and all other activities that would result
in disturbance of the soils, until such time as the alternate field
is activated due to malfunction of the initial disposal site.
2.
Every use relying upon on-lot sewage disposal systems shall be required
to properly maintain and repair such systems, including regular pumping
of the tank.
3.
See the septic system setback requirements in Title 25, § 73.13,
of the Pennsylvania Code, including minimum horizontal isolation distances.
Among other provisions, that section requires that a minimum setback
of 10 feet be maintained for any building, swimming pool or driveway
from the perimeter of the aggregate absorption area and all on-lot
septic treatment tanks.
[Ord. No. 2022-01, 1/10/2022]
No person or family shall be permitted to permanently reside
within any tent, recreational vehicle, bus, boat, camper, or motor
home. However, temporary occupancy of a tent, recreational vehicle,
camper, or motor home shall be permitted within an approved campground
or for periods of up to seven days in any calendar year on the property
of a friend or relative.
[Ord. No. 2022-01, 1/10/2022]
1.
All uses proposed within Penn Township shall operate in compliance
with applicable state and federal regulations, as they are periodically
amended. The following lists known governmental regulations associated
with various land use impacts. This list in no way excludes or limits
federal or state jurisdiction over uses within the Township, but is
merely provided for information to applicants and landowners.
A.
Noise Pollution and Vibration. Rules and regulations of the DEP.
B.
Air Pollution, Airborne Emissions and Odor. Rules and regulations
of the DEP.
C.
Water Pollution. The Clean Streams Law, June 22, 1937, P.L. 1987,
35 P.S. § 691.1 et seq., as amended.
D.
Mine Reclamation and Open Pit Setback. Pennsylvania Act No. 1984-219,
the Noncoal Surface Mining Conservation and Reclamation Act, 52 P.S.
§ 3301 et seq.
E.
Glare and Heat. Rules and regulations of the DEP.
F.
Access for Persons With Disabilities. The latest version of the regulations
to carry out the Americans With Disabilities Act.
[Ord. No. 2022-01, 1/10/2022]
1.
This section shall apply in those instances where common open space
is required elsewhere in this chapter, or when an applicant proposes
the use of common open space.
2.
Required common open space 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:
A.
Protection of important natural resources (such as streams, ponds,
wetlands, steep slopes, woodlands, unique geologic features, wildlife
habitats, and aquifer recharge areas).
B.
Protection of important historical and/or archaeological sites.
C.
Provision of usable play and recreation areas that are conveniently
accessible to residents within the development and the Township.
D.
Integration of greenbelts throughout the development that link residences
with on-site or adjoining parks, schools or similar features.
3.
Designated open space areas shall be deed restricted to prevent further
subdivision.
5.
Permitted-by-Right Uses in Required Common Open Space.
A.
No more than 25% of the common open space land shall contain detention
basins or other stormwater management facilities, or be located within
a floodplain or wetland unless such area is part of a linear trail
or greenway along an existing watercourse.
B.
Active or passive outdoor recreation areas, including trails and
linear parks.
C.
Light agriculture, excluding the commercial livestock and poultry
operations, but including orchards, community gardening, and the like,
subject to any ownership mechanism, procedures and limitations between
the parties concerned and subject to agricultural use standards.
D.
Natural resource and conservation areas, including but not limited
to: steep slopes, floodplains, woodland, meadow, wetlands, and streams.
E.
Cultural resources, including not more than one principal building
and outbuilding.
F.
Buffer areas.
6.
Ownership and Maintenance of Common Open Space. An essential element
of the provision of common open space is a written description regarding
its ownership and/or disposition. Such ownership and/or disposition
shall be accomplished through one of the following:
A.
An offer of dedication to the Township of either fee-simple dedication
or the dedication of conservation easements. The Township shall not
be obligated to accept dedication of the common open space.
B.
Transfer to a Private Conservation Organization. With permission
of the Township, the developer may transfer either the fee-simple
title, with appropriate deed restrictions running in favor of the
Township, or the development rights or easements of the common open
space or a portion thereof, to a private, nonprofit organization among
whose purposes is the preservation of open space land and/or natural
resources, provided that:
(1)
The organization shall be a bona fide conservation organization
with a perpetual existence.
(2)
The organization is chartered under the laws of the Commonwealth
of Pennsylvania to administer deed restrictions limiting eventual
disposition of such property for the purposes stated in their Articles
of Incorporation.
(3)
The conveyance contains appropriate provisions for proper reverting
or retransfer in the event the organization is unwilling or unable
to maintain the land.
(4)
A maintenance agreement acceptable to the Township is entered
into by the landowner or developer and the organization.
C.
Homeowners' or Condominium Association. The developer may 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:
(1)
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.
(2)
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 Part VII of the MPC relating to the maintenance of deteriorating
common open space by municipalities.
(3)
The Township may require the establishment of a reserve fund
to provide for maintenance of or capital improvements to the common
open space.
7.
In the event that the organization established to own and maintain
open space or any successor organization shall at any time after designation
fail to maintain the open space in reasonable order and condition
in accordance with any and all approved plans, the Township may follow
the procedure in § 705 of the MPC[1] relating to the inadequate maintenance of common open
space by municipalities. The common open space provisions of § 705(f)
of the MPC[2] are hereby included by reference, except that the words
"planned residential development" shall be changed to "subdivision
or land development" for the purposes of this section.
[Ord. No. 2022-01, 1/10/2022]
1.
Disposal of dead animals shall comply with DEP regulations. In addition,
the burial or composting should comply with published recommendations
of Pennsylvania State University, which are available on the internet.
2.
Any burial site for three or more animals shall be outside of the
100-year floodplain, be covered with at least two feet of soil within
48 hours, be set back a minimum of 100 feet from the top of the primary
bank of any waterway or water supply well, be set back at least 200
feet from any property line (unless the setback is waived in writing
by the adjacent property owner), shall not be visible from a property
line or street, and shall maintain at least two feet of separation
above the seasonal high water table.
[Ord. No. 2022-01, 1/10/2022]
All agricultural uses, whether located in the AG District or
elsewhere, shall comply with the Pennsylvania Nutrient Management
and Odor Management Act, 3 Pa.C.S.A. § 501 et seq.
[Ord. No. 2022-01, 1/10/2022]
Municipal services shall be permitted as uses as of right within
all districts. Municipal services shall be exempted from minimum lot
area, minimum lot width, minimum lot depth, yard, impervious surface
area or coverage, off-street parking, landscaping, and all other requirements
of this chapter.
[Ord. No. 2022-01, 1/10/2022]
1.
Purposes. The purpose of this section is to establish a procedure
for review and approval of applications for demolition of designated
historic buildings. This procedure is primarily intended to provide
a public review of whether there are reasonable alternatives to demolition.
This section is intended to comply with the mandate of Article VI
of the MPC.
2.
Applicability. This section shall apply to the buildings on the Penn
Township Zoning Ordinance Designated Historic Buildings List, which
is adopted as part of this Zoning Ordinance.[1] Unless otherwise stated on the list, the designated historic
building shall be the principal building on the lot.
[1]
Editor's Note: Said list is included as an attachment to this chapter.
3.
General Requirements.
A.
Demolition, removal or relocation of a designated historic building
shall be regulated as a special exception use.
B.
A designated historic building shall not be demolished, in whole
or in part, removed or otherwise relocated without an approval obtained
under this provision, except as provided in Subsection 3C below.
C.
Emergency demolitions shall only be permitted if the Township Code
Official provides a written statement that a demolition is needed
to protect the public safety.
4.
Criteria for Special Exception Approval. Applicants for special exception
approval under this section shall provide credible evidence in response
to each of the following specific criteria, as applicable:
A.
It is not feasible to continue the current use.
B.
Other uses allowed within the zoning district have been denied or
are not feasible due to constraints on the building.
C.
Adaptive use opportunities do not exist due to constraints related
to the building or property.
D.
The building, its allowed uses, and adaptive use potential do not
provide a reasonable rate of return, based on a reasonable initial
investment.
E.
The applicant has not contributed to the existing conditions, either
through neglect or prior renovation, conversion, alteration or similar
physical action.
F.
The demolition will not adversely affect the character of the neighborhood
or community.
G.
The building is structurally unsound.
H.
The proposed demolition would allow the development of a project
that would be of substantial public benefit that would outweigh the
value of the historic building, such as allowing the construction
of a needed road improvement that will improve public safety.
5.
Associated Land Development Plan. If the application for a permit
for demolition, relocation or removal of a designated historic building
is being requested to facilitate future development of the land, a
zoning permit shall not be issued by the Zoning Officer until the
following additional requirements have been satisfied.
A.
The applicant shall describe, in writing, the proposed use for the
property or portion thereof from which the resource will be removed
and a timeline for the implementation of the proposed use.
B.
The applicant shall describe, in writing, the manner in which the
materials from the demolished building will be disposed. This information
shall be sufficient to show that material is being disposed of in
a legal manner. Salvage of architectural features and reusable building
materials is encouraged to keep building materials out of the waste
stream.
6.
Demolition by Neglect. Demolition by neglect is defined as the absence
of routine maintenance and repair, which leads to structural weakness,
decay, and deterioration in a building or structure to the point where
the building or structure meets the criteria for condemnation.
A.
Codes Violations. If the Code Enforcement Officer has cited an owner
of a designated historic building for conditions that could lead to
structural weakness, decay or deterioration in a building or structure
and the property owner fails to correct the condition(s) in the time
specified, that property owner may be cited also for demolition by
neglect under these provisions and be subject to the penalties contained
herein.
B.
Unoccupied Designated Historic Buildings. The owner shall develop a written maintenance program for the protection of any and all unoccupied designated historic buildings. Said maintenance program shall be established in accordance with the Township Building Codes (Chapter 5). A copy of the maintenance program for the unoccupied building or structure shall be filed with the Code Enforcement Officer and implementation begun in accordance with an established timetable.
(1)
The maintenance program shall address measures to assure that
structural components are protected and reinforced to stabilize and
maintain the essential form of the building or structure. Features
requiring stabilization include, but may not be limited to: roof,
chimney(s), cornice, soffit, fascia, spouting, columns, beams, and
posts, as well as window and door sills, lintels and jambs.
(2)
The building shall be made available for periodic inspection
by the Code Enforcement Officer with the owner or the owner's agent
to determine compliance with the established maintenance program.
[Ord. No. 2022-01, 1/10/2022]
1.
Purposes. The primary purpose of establishing a program for transferable
development rights is to permanently preserve prime farmland, sensitive
natural areas, and rural community character that would be lost if
the land were developed, by permitting landowners in the sending area
defined below to transfer their right to develop to other individuals
or entities, in lieu of developing the sending area lands. These rights
to develop are referred to for convenience as TDRs. This section is
primarily designed to carry out §§ 603(c) and 619.1
of the MPC.[1]
[1]
Editor's Note: See, respectively, 53 P.S. §§ 10603(c)
and 10619.1.
2.
Basic Concept and Authorization.
A.
The provisions of this chapter which permit TDRs allow landowners
in areas of Penn Township proposed for conservation, called "sending
areas," to voluntarily sever and sell or otherwise convey the right
to develop all, or a portion of, their land to other public or private
entities or individuals who may hold ("bank") such rights, retire
them or ultimately, pursuant to this chapter as may be amended, use
them or convey them for use for additional development in areas of
Penn Township which are designated as receiving areas.
B.
When landowners in the sending area sever their right to develop
all or a portion of their land, they must restrict that portion of
land from which TDRs are severed against any future development as
provided in this chapter, although the land may still be used for
purposes that do not involve residential, commercial, industrial or
institutional development, such as agriculture or forestry and uses
customarily accessory thereto. When landowners in any designated receiving
area acquire TDRs which have been severed by landowners in the sending
area, they receive the right to increase the density or extent of
development as provided below. The monetary value of TDRs is completely
determined between the seller and buyer.
C.
Deed restrictions imposed on any lands in the sending area upon severance
of TDRs shall not prohibit the landowner's sale of such lands after
the TDRs have been severed, subject to the recorded restrictions.
Restrictive covenants or conservation easements established on the
lands from which TDRs have been severed shall benefit or run in favor
of Penn Township and/or another governmental entity and/or a conservation
organization approved by the Township.
D.
The owner of the lands in the sending area from which TDRs are severed,
or any subsequent party to whom TDRs may be conveyed, may declare
the TDRs for sale, may hold the TDRs, may extinguish the TDRs, or
may convey the TDRs to any other party. The only use which may be
made of the TDRs is the ultimate transfer to development in a designated
receiving area. Notwithstanding anything to the contrary, Penn Township
shall have no obligation of any kind to hold, to purchase or to own
any TDRs which have been severed from any lands in the sending area.
3.
Severance and Sale or Conveyance of TDRs. Owners of any lot or lots
which meet the following requirements may sever and sell or convey
their TDRs:
A.
B.
Calculation of TDRs.
(2)
Land previously restricted against development by covenant,
easement or deed restriction shall not be eligible for calculation
of TDRs unless and until such time as said covenant, restriction or
easement is dissolved or rescinded with agreement of all beneficiaries
of such covenant, restriction or easement.
(3)
Land held by government entities shall be eligible for calculation
of TDRs.
(4)
Where calculation of available TDRs results in fractional numbers,
a fraction of 0.5 or higher shall be rounded up to the next whole
number, and a fraction of less than 0.5 shall be rounded down to the
next lowest whole number.
C.
Determination of Number of TDRs and Certification by Penn Township.
Any landowner may elect to declare the TDRs that may be severed from
lands owned within the sending area, based on application of the provisions
of Subsection 3B, and may request a written certification from Penn
Township of the number of rights that may be severed, which certification
shall not be unreasonably withheld upon receipt by the Township of
all information necessary for the Township to accurately determine
the same.
D.
Severance of TDRs.
(1)
Severance of TDRs shall be effected by duly recording a deed
of transferable development rights in the office of the Lancaster
County Recorder of Deeds. The deed of transferable development rights
shall specify the lot or lots from which TDRs have been severed and
the party(ies) who own the TDRs upon their severance, whether retained
by the owner(s) of the lands from which the rights have been severed
or conveyed to any other party.
(2)
Simultaneously with the recording of any deed of transferable
development rights, or prior thereto, restrictive covenants or conservation
easements, which shall permanently restrict development of the sending
area lands as provided in Subsection 3E below, also shall be recorded
through the County Recorder of Deeds. Subsequent sale or conveyance
of any recorded deed of transferable development rights shall clearly
indicate the deed record of the pertinent restrictive covenant(s)
or conservation easement(s) and shall be in form and substance satisfactory
to the Township Solicitor.
(3)
Notwithstanding anything to the contrary, the Township shall have no duty to recognize any deed of transferable development rights for any purpose and shall not credit, enhance, or increase density or development capability of any land in any designated receiving area based on any deed of transferable development rights that does not contain the signed endorsement of the Township. The Township may, at its discretion, request an updating of the title search required by Subsection 5A(3) below, if there has been a delay in presenting the deed of transferable development rights after the determination of the number of TDRs applicable to the tract in the sending area.
(4)
Subsequent sale or conveyance of any recorded deed of transferable
development rights or portion thereof shall clearly indicate the deed
record of the original deed of transferable development rights effecting
the severance of the TDRs and any intervening sale or conveyance.
E.
Sending Area Restrictive Covenant(s). Any sending area lands from
which TDRs have been severed must be permanently restricted from future
development by restrictive covenants or conservation easements which
meet the following requirements:
(1)
The restrictive covenant(s) or conservation easement(s) shall
permanently restrict the lands from future development for any purpose
other than principal or accessory agricultural uses, forestry, public
parkland, conservation areas and similar uses. Customary structures
to support such uses shall be allowed, subject to compliance with
the regulations set forth in the base zoning district and, if applicable,
conformance with any preexisting restrictive covenant(s) or easement(s).
(2)
The restrictive covenant(s) or conservation easement(s) shall
be approved by Penn Township, in consultation with the Township Solicitor.
(3)
The restrictive covenant(s) or conservation easement(s) shall
designate Penn Township, and/or a bona fide conservation organization
or governmental agency acceptable to Penn Township at its sole discretion,
as the beneficiary/grantee, but shall also designate the following
parties as having separate and independent enforcement rights:
(4)
The restrictive covenant(s) or conservation easement(s) shall
apply to the lot or lots from which TDRs are severed (sending area
lands) and the acreage which is restricted.
(5)
All owners of any legal or beneficial interest in the lands
from which TDRs are severed shall execute the restrictive covenant(s)
or conservation easement(s). All lienholders of the lands from which
TDRs are severed shall execute a joinder and/or consent to the restrictive
covenant(s) or conservation easement(s).
4.
Receiving Area Qualifications and Calculations. TDRs severed from
sending area tracts in the CN and AG Districts may be transferred
and received for development on tracts in the V, RM, MU, COM, LC and
I Districts as specified for the pertinent district and in accordance
with the following:
A.
Density Increases.
(1)
V Cluster Development. Where permitted in accordance with the standards set forth for the V District and in § 27-402.17, base density may be increased from one dwelling unit per acre up to four dwelling units per acre, based on net acreage of the development area designated in § 27-402, where the incremental increase in density is justified by receipt of one TDR per additional dwelling unit.
(2)
V TND Development. Where permitted in accordance with the standards set forth for the V Districts and in § 27-402, the base density may be increased from three dwelling units per acre up to five dwelling units per acre, based on net acreage of the residential area designated in § 27-402, where the incremental increase in density is justified by receipt of one TDR per additional dwelling unit.
(3)
RM Cluster Development. Where permitted in accordance with the standards set forth for the RM District and in § 27-402.17, the base density may be increased from three dwelling units per acre up to five dwelling units per acre, based on net acreage of the development area designated in § 27-402, where the incremental increase in density is justified by receipt of one TDR per additional dwelling unit.
(4)
RM, MU or COM TND Development. Where permitted in accordance with the standards set forth for the RM, MU or COM Districts and in § 27-402, the maximum residential density may be increased to up to eight dwelling units per acre, based on net acreage of the residential area designated in § 27-402, where the incremental increase in density is justified by receipt of one TDR per additional dwelling unit.
(5)
CCRC. Where permitted in the base district and in accordance with the standards set forth for CCRC in § 27-402.21, density may be increased from four dwelling units per acre up to 12 dwelling units per acre, based on net acreage of the development tract pursuant to § 27-112, where the incremental increase in density is justified by receipt of one TDR per each two additional dwelling units or each three beds as applicable.
B.
Building Footprint Increase. Where permitted in accordance with the
standards set forth for nonresidential mixed-use development or TND
in the V, RM, or MU Districts, the maximum square footage of any building
footprint may be increased above the specified limit, or additions
to preexisting buildings of 5,000 square feet or more may be permitted,
subject to receipt of one TDR for each 4,000 square feet of additional
building footprint or fraction thereof. TDRs utilized to satisfy this
requirement for increased building footprint shall not also be utilized
for increases in lot coverage as provided below.
C.
Lot Coverage Increases. Where permitted in accordance with the standards set forth for the V, RM, MU, COM, LC, and I Districts or for development of a CCRC in § 27-402.21, as applicable, the maximum stipulated lot coverage, as a percentage of net acreage pursuant to § 27-112, may be increased subject to receipt of one TDR for each 4,000 square feet of additional lot coverage or fraction thereof. In no case shall the maximum lot coverage exceed the maximum stipulated for use of TDR receipt in the applicable base zoning text.
D.
Building Height Increases. Where permitted in accordance with the
standards set forth in the I District or for development of a CCRC
in § 27-402.21, as applicable, the maximum building height
may be increased above 35 feet subject to receipt of one TDR for each
4,000 square feet of building area or fraction thereof, based on the
building footprint, that exceeds 35 feet. In no case shall the building
height exceed 60 feet for a CCRC or 70 feet in the I District. TDRs
received for purposes of increasing permitted height shall be in addition
to any received TDRs utilized to provide for additional lot coverage
or density as provided above.
5.
Plan Submittal Process for Receiving Development.
A.
All applicants for use of TDRs shall submit applicable subdivision/land development plans and/or building permit applications as required under Chapter 22, Subdivision and Land Development, for the use requiring TDR receipt. Any and all plans and proposals for the use of TDR receipt shall, in addition to meeting all other applicable provisions, include submission of the following:
(1)
Note(s) on the plan indicating: a) the total density in number
of dwelling units, and the total square footage of building or lot
coverage, as applicable, permitted without receipt of TDRs; b) the
total density in number of dwelling units, and the total square footage
of building or lot coverage, as applicable, proposed with receipt
of TDRs; c) the incremental difference in each applicable case between
the values claimed for #1 and those indicated for #2;[2] d) where applicable, the total square footage of any portion
of a proposed building footprint where the building(s) exceeds the
height limit stipulated for uses in the I District and for CCRC; and
e) the total number of TDRs required to be received.
[2]
Editor's Note: So in original.
(2)
A deed of transferable development rights or an agreement of
sale for TDRs proposed to be purchased from sending area site(s).
The applicant must prove ownership or equitable ownership of the appropriate
number of TDRs to justify the proposed density, building or lot coverage,
or building height, as applicable.
(3)
A title search sufficient to determine the validity of the deed
of transferable development rights or that the tract from which TDRs
will be transferred is eligible to sever the TDRs as proposed and
to determine if any other owners or lienholders may have an interest
in the TDRs.
B.
In order to receive final plan approval, the applicant must demonstrate
ownership of sufficient TDRs and provide documentation that appropriate
restrictive covenants have been or are simultaneously being recorded
for all sending area lands from which TDRs have been or are simultaneously
being severed and recorded in a deed of transferable development rights
and being used by the applicant. These restrictive covenants must
meet all requirements of this chapter.
6.
Public Acquisition of TDRs. Penn Township may purchase TDRs and may
accept ownership of TDRs through conveyance by gift. All such TDRs
may be held, resold, or extinguished by Penn Township. Any such purchase
or gift shall be accompanied by restrictive covenants or conservation
easements as specified in § 27-325.3E.
7.
Amendment and/or Termination. Penn Township reserves the right to
modify, amend, and/or repeal any of the provisions of this chapter
regarding TDRs at any time in the future. The Township expressly reserves
the right to modify the manner in which the number of TDRs shall be
calculated in the sending area and the manner in which TDRs may be
conveyed and used in designated receiving areas. Penn Township further
expressly reserves the right to terminate its TDR program at any time.
No owner of the land or owner of TDRs shall have any claim against
Penn Township for damages resulting from a change in this chapter
relating to the regulations governing the calculation, conveyance
and use of TDRs or the termination of the TDR program.
[Ord. No. 2022-01, 1/10/2022]
1.
Licensed motor vehicles or food trailers are permitted to be temporarily
located on private property to sell food items to the general public,
subject to the following:
A.
Written authorization from the owner of the land upon which the food
truck/trailer is located must be provided.
B.
Current vehicle license and registration of the food truck/trailer
shall be displayed.
C.
All other governmental approvals, permits and/or licenses shall be
obtained and/or displayed as required by applicable law.
D.
Sufficient off-street parking for customers shall be available.
E.
The customer service area and food truck/trailer shall be located
outside of the public right-of-way.
F.
A trash receptacle shall be provided and regularly emptied.
G.
A zoning permit shall be obtained from the Township, specifying the
date(s), time(s), and location(s) of operation.
2.
The food truck/trailer shall only be allowed: 1) where specifically allowed on private property by § 27-202, such as accessory to a commercial use in a commercial district, 2) at a location (such as within a legal parking space along a street) for less than 20 minutes per day (such as a traveling ice cream truck or truck visiting a construction site), or 3) as part of a Township-approved special event, such as a temporary festival at a place of worship.
[Ord. No. 2022-01, 1/10/2022]
1.
Clean Fill.
A.
Fill shall only be allowed to be placed on land if it is not contaminated
above naturally occurring background contaminant levels. It shall
not be sufficient to show that the contamination is below advisory
levels. Demolition wastes, putrescent wastes or wastes resulting from
industrial operations shall not be allowed to be used as fill and
shall not be considered to be clean fill.
B.
Fill shall only be used to regrade a site or fill in holes if it
meets DEP's requirements for clean fill or otherwise is approved under
a DEP permit that authorizes the deposit of the materials. See also
the DEP policy document, "Management of Fill."
C.
If more than 150 tons of fill material are being brought onto a lot
from outside of Lancaster County, then the Zoning Officer shall require
that the owner of the property or the entity depositing the fill provide
to the Township a written analysis of the materials. Such analysis
shall be completed by an independent environmental laboratory that
has federal or state certifications to complete such testing, and
shall use completely random samples taken by the laboratory staff
from various loads. A sample shall be tested from a minimum average
of 10% of truck loads. The landowner shall be responsible for the
costs of the testing, unless the entity conducting the fill operations
agrees to pay the costs.
D.
If DEP requires that a written form be submitted regarding the source
of the fill material, a copy shall be submitted to the Zoning Officer.
E.
If the material was originally contaminated, but was cleaned to become
clean fill, information must be provided regarding the type of treatment
and the entity that performed the treatment.
F.
Any placement of fill shall also comply with the floodplain and stormwater
regulations of the Township. Any placement of a total of more than
five tons of fill shall be set back a minimum of 100 feet from the
top of the primary bank of any perennial waterway.
2.
Abandoned Wells. All unused or abandoned wells shall be properly
sealed according to local and state regulations. Sealing should also
follow DEP recommendations, which are available on the DEP website.
3.
If the operator of any use becomes aware that an unauthorized release
of groundwater or surface water contaminants has occurred or may have
occurred, the operator shall immediately contact the Lancaster County
Emergency Communications Center, and shall also report it to the Zoning
Officer within one business day.
[Ord. No. 2022-01, 1/10/2022]
1.
This section is intended to provide an opportunity for an applicant
to apply for a density bonus if the applicant proposes a substantial
project to assist in meeting the Township's obligations under the
federal MS4 stormwater program.
2.
The Board of Supervisors, as a conditional use, may approve the granting
of a density bonus to the applicant to allow the development of up
five additional dwelling units on a tract of land in the Township,
beyond the maximum density that would otherwise apply. The additional
dwelling units may be used by the applicant in any zoning district
where dwellings are allowed and central sewage service is provided,
except the bonus may not be used within the AG District. Alternatively,
the additional dwelling units may be transferred or sold for use on
another residential development in a situation and district where
TDRs are authorized to be used.
3.
The applicant shall only be allowed to use a density bonus under
this section if the applicant proves to the satisfaction of the Board
of Supervisors that they will construct a water quality or infiltration
improvement that will materially meet the Township's MS4 requirements,
and that the improvement far exceeds what would normally be required
under Township, Conservation District, state and federal requirements.
The improvement shall result in a reduction in sediment, phosphorus
or nitrogen that would otherwise enter into a waterway. Such improvements
may include, but are not limited to, stream restoration to create
a more natural streamside planted buffer that reduces erosion, retrofit
of an existing stormwater basin to make it more naturalized with varied
deep-rooted plantings, creation of wetlands, addition of rain gardens,
and similar projects.
