Township of Lower Salford, PA General Provisions

Greenhouses, silos, barns and any building for the keeping, breeding and/or management of livestock, poultry or fowl in quantities not exceeding 25 shall be authorized. The keeping, breeding and/or management of livestock, poultry or fowl in quantities exceeding 25 may be authorized as a special exception in those cases where the Zoning Hearing Board finds that such use will not have an adverse impact on the Township. In all cases of agricultural land involving livestock, poultry or fowl, the premises shall consist of at least 10 acres; the livestock, poultry or fowl shall be properly confined; all buildings used therefor shall be situated not less than 100 feet from any road line or property line of an adjoining lot; and the livestock, poultry or fowl shall not create a nuisance for abutting property owners, including but not limited to excess or shrill noise, foul odor, dirty water runoff and spawning of insects or rodents.

Roadside stands, either temporary or permanent, for the sale of only such agricultural products as are produced on the same lot on which the sale of the products is offered shall be permitted under the following conditions:

A zoning permit shall be secured from the Zoning Officer for either a permanent or temporary stand.

A permanent stand shall be erected in strict conformity with the regulations of the district wherein it is located, including setback standards.

A temporary stand shall be located not less than 20 feet from any street line and shall be removed by the date of expiration of the term as indicated in the permit; provided, however, that all permits shall expire on December 31 of each year, unless an earlier date is specified thereon.

No stand shall be located nearer than 50 feet to any street or driveway intersection.

Parking for stopping vehicles shall be provided outside of the legal right-of-way of the street and shall have controlled access that will not interfere with the safety of traffic stopping or using the street. Parking nearer than 50 feet to an intersection shall not be permitted. No produce, goods, signs or other impediments shall be placed or located upon the lot in such a manner as to interfere with parking.

Uses accessory to a dwelling. The following uses accessory to a dwelling shall be authorized:

Private outbuildings for noncommercial use.

[Amended 6-6-2007 by Ord. No. 2007-9; 12-6-2017 by Ord. No. 2017-04]

A private garage, barn, shelter for pets (owned by the applicant and not being bred for sale), private greenhouses, shed or any other outbuildings for the occupant's noncommercial uses are hereby authorized. Such an accessory building shall be clearly subordinate in use to the dwelling and separated from all other buildings and/or structures on the lot by at least 10 feet and shall be located a minimum of 10 feet behind the principal building. An accessory building shall not exceed 30% of the square footage of the principal building. The building coverage regulations of the zoning district within which a property is located shall not be exceeded as a result of such an accessory building, unless the proper relief is obtained from the applicable provision of this chapter. In addition, all such accessory building shall meet the following requirements:

If the building and/or structure is no greater than 100 square feet in gross floor area and not more than nine feet in height, the building and/or structure shall be set back at least five feet from any side or rear lot line;

If the building and/or structure is either greater than 100 square feet in gross floor area but no greater than 500 square feet in gross floor area or more than nine feet in height but no more than 15 feet in height, the building and/or structure shall be set back at least 10 feet from any side or rear lot line; and

If the building and/or structure is greater than 500 square feet in gross floor area or greater than 15 feet in height, the building and/or structure shall meet the same yard setbacks as required for the primary use.

An accessory building may exceed 30% of the square footage of the principal building upon conditional use approval by the Board of Supervisors subject to the following conditions:

The accessory building shall otherwise comply with the foregoing requirements related to use, building separation, building location, height, setbacks and building coverage regulations.

The property upon which the accessory structure is located shall have a minimum lot area of 60,000 square feet.

The roof pitch of the accessory building shall be similar to that of the principal building.

The accessory building shall be constructed of substantially similar building materials as the principal building.

Windows or other building articulation shall be provided on all sides of the accessory building, and no blank walls shall be permitted.

Architectural renderings shall be submitted with any application for conditional use.

A building or structure used solely for agricultural purposes on parcels three acres or greater in size after the granting of a conditional use by the Board of Supervisors and subject to the following conditions:

[Added 9-2-2009 by Ord. No. 2009-6[1]]

The building or structure shall be separated from other structures by at least 10 feet.

The maximum size of such building or structure shall be 1,500 square feet of gross floor area for lots of three acres, which may be increased by 500 square feet per acre in excess of three acres up to a maximum of 5,000 square feet of gross floor area.

Agricultural accessory buildings housing animals shall also be situated pursuant to the provisions of B(5) below.

Agricultural accessory buildings not housing animals shall also be situated pursuant to the provisions of B(1)(a), (b), and (c).

Editor's Note: This ordinance also provided for the renumbering of former Subsection B(2) through (9) as Subsection B(3) through (10), respectively.

Deck, patio and other outdoor living areas. Any deck, patio or other outdoor living area not specifically regulated by the zoning district in which it is located shall be set back at least 10 feet from side and rear property lines and shall not be located within the front yard setback area.

Play equipment, tennis courts and other outdoor play areas, provided that such structure or use is no greater than 15 feet in height, is separated from all other buildings and/or structures on the lot by at least 10 feet, is located behind the front building line and is set back at least 10 feet from property lines.

Animals.

[Amended 4-7-2021 by Ord. No. 2021-02; 6-2-2021 by Ord. No. 2021-04]

The keeping of dogs and cats and other small, confined animals in such quantities as shall not constitute a nuisance to adjacent property owners.

The keeping of livestock, poultry or fowl, other than pigs, whether as pets or for agricultural purposes, provided that for such purposes the premises shall consist of at least three acres, shall provide three acres of land for every five animals and shall have all buildings used therefor situated not less than 100 feet from any road or property line on an adjoining lot.

Notwithstanding Subsection B(5)(b) above, the keeping of chickens is permitted as an accessory use to a dwelling, subject to the following requirements:

Type and number of chickens.

No roosters may be kept on a property, unless the property is at least three acres in size and is located in the R-1A Residence Zoning District.

A minimum net lot area of 15,000 square feet is required to keep chickens.

No more than five chickens shall be permitted on properties with a net lot area of less than 45,000 square feet.

[d]

No more than 10 chickens shall be permitted on properties with a net lot area between 45,000 square feet and three acres.

[e]

No more than 25 chickens shall be permitted on properties greater than three acres.

Permitting and inspection.

Chicken coops, chicken runs, and fences are not permitted to be installed before submitting a complete permit application to the Township and receiving approval from the Township Zoning Officer.

If a tenant should wish to keep chickens on rented property, then the tenant must secure written authorization from the owner as well as conform to all other requirements as enumerated in this section, and both tenant and landowner shall be liable for compliance with the provisions of this section.

The Zoning Officer shall have the right to inspect any chicken coop, chicken run, and fencing between 8:00 a.m. and 5:00 p.m. (Monday through Friday). The inspector shall issue any order deemed necessary to comply with any and all federal, state, county, and municipal codes. Twenty-four hours' notice shall be given to the property owner where practicable.

Chicken coop, chicken run, and fencing.

All chickens shall be housed within a secure, fully enclosed, chicken coop which is contained within a fenced chicken run.

There shall be at least four square feet of space for each chicken within the coop and an additional 10 square feet of space per chicken within the chicken run.

The chicken run fence shall be made of durable materials, such as wood and wire mesh, extending underground for at least one foot and have an aboveground height of at least four feet. The chicken run shall also have a roof made of wire mesh or aviary netting to protect against predators. The height of the chicken coop and chicken run shall not exceed the maximum height for accessory structures applicable to the property.

[d]

It shall be unlawful to let any chicken roam freely outside of the areas of the chicken coop and chicken run, unless the chickens are kept in a fully enclosed area at least six feet in height. Any fencing shall be extended underground for at least one foot and have an aboveground height of at least six feet.

[e]

Chicken coops, chicken runs, and fencing shall be located in the rear yard and shall be no closer than 15 feet to any property line and no closer than 25 feet to any residential structure.

Slaughter.

Public slaughter is prohibited.

Commercial slaughter is prohibited.

Slaughter shall be conducted in a fully enclosed structure with all excess viscera disposed of in a sanitary way.

The sale of chickens or chicken eggs for commercial purposes is prohibited.

All chicken-related materials and feed must be kept in a secure enclosed structure on the premises so as to prevent vermin and any nuisance to surrounding neighbors.

[7]

All chicken waste must be disposed of regularly in a sanitary way acceptable to the Township.

[8]

It shall be unlawful and shall constitute a nuisance if any chicken, chicken coop/run, or fenced area produces odors, excessive noise, attracts vermin, is kept in an unsanitary condition and/or is otherwise a concern to public health in the discretion of the Zoning Officer.

[9]

The keeping of chickens shall not be permitted as an accessory use on a property where such use is prohibited by a covenant, restriction, rule or regulation of a homeowners' or other association which includes the property.

A private parking space if located behind the front building line and if located no closer than five feet to any side or rear lot line.

The renting of rooms within the dwelling in which the owner resides to no more than two nontransient persons, with or without the provision of table board for such persons.

A swimming pool for use of family and guests only, provided that such swimming pool meets the regulations of Chapter 145 of the Code of the Township of Lower Salford.[2]

Editor's Note: Former Ch. 145, Swimming Pools, adopted 8-1-1973 by Ord. No. 73-1, was repealed 6-2-2004 by Ord. No. 2004-4. See now Ch. 58, Building Construction.

(9)

A professional office as a home occupation or rooms for other types of home occupations, in accordance with the home occupation standards outlined in § 164-16 of this chapter.

(10)

Family or group day-care homes, in accordance with the requirements of § 164-21 of this chapter.

Uses accessory to noncommercial park and playground use. Customary recreational, refreshment and service uses and buildings in any park or playground, provided that such accessory uses only serve patrons of the park or playground.

Retail commercial, office, industrial and other nonresidential accessory uses. Nonresidential accessory uses shall be permitted as a conditional use and shall meet the following requirements:

They shall be secondary and incidental to the principal use.

They shall be commonly associated with the use.

They shall comprise not more than 5% of the gross building floor area of the principal use.

They shall normally be housed within the same building as the principal use. Accessory uses housed in separate buildings shall comply with the yard setback and other requirements for principal uses for the zoning district in which they are located.

Any use which is specifically permitted by right, by special exception or by conditional use in a zoning district shall be considered a primary use in that zoning district, shall have to meet all standards for a primary use and shall never be considered an accessory use.

§ 164-16 Home occupations.

Home occupations shall meet the following requirements:

Home occupations shall be grouped into minor and major classifications, in accordance with the following criteria:

Minor home occupations. Minor home occupations are permitted by right in all residential dwellings and are defined as uses that meet the following criteria, in addition to the criteria of § 164-16B:

The home occupation shall be conducted solely by resident occupants of the residential dwelling.

There are customarily no visitors or truck deliveries associated with the home occupation at any time.

The home occupation does not generate the need for any more parking spaces than required for the residence.

The home occupation does not have a sign.

Major home occupations. Major home occupations are permitted as a special exception in all single-family detached homes located on a lot 17,000 square feet or larger in size, in accordance with the standards in § 164-134 of this chapter, and are defined as uses that meet the following criteria, in addition to the criteria of § 164-16B:

Such home occupations shall be conducted solely by resident occupants of the residential dwelling, except that up to one person not a resident of the dwelling may be employed for clerical or secretarial purposes only.

Major home occupations shall be located at least 500 feet from any other existing major home occupation.

Clients are permitted between the hours of 8:00 a.m. and 9:00 p.m. only.

No more than two parking spaces, in addition to those required for the residence, shall be permitted. No more than 10% of the gross area of the lot may consist of parking areas and/or driveways, and home occupations may not exceed the impervious coverage standard of the zoning district in which they are located.

Any sign erected for a home occupation shall meet the standards of Article XVII of this chapter.

There shall be no deliveries to or from a home occupation from a vehicle with more than two axles.

All home occupations, whether major or minor, shall meet the following standards:

No more than 500 square feet of building area or the equivalent of the first floor area of the building, whichever is smaller, may be used for the home occupation.

The area for a home occupation shall be no greater than 50% of the livable floor area of the dwelling.

Home occupations must be conducted entirely within the dwelling or accessory structures.

The home occupation shall not have any business-related exterior storage or display of goods and/or merchandise.

There shall be no sale of goods on the premises.

The home occupation shall not alter the exterior of the dwelling and accessory structure.

Any use, except professional offices, which involves building alterations requiring Pennsylvania Department of Labor and Industry approval is not permitted as a home occupation use.

Professional offices shall include offices or studios of a doctor, dentist, teacher, artist, architect, landscape architect, musician, lawyer, engineer, accountant, magistrate or practitioner of a similar character.

(9)

The conducting of a retail or wholesale business, clinic, hospital, barber shop, beauty parlor, other personal service shop, real estate agency, insurance office, funeral home, restaurant, motel, hotel, animal hospital, mortuary or any similar use shall not be deemed to be a home occupation.

(10)

Family day-care homes and group day-care homes shall not be considered home occupations and are governed by § 164-21 of this chapter.

(11)

No home occupation shall require trash pickup in excess of that required normally in single-family detached residential areas.

(12)

The use of noxious, combustible, explosive or other materials that would endanger the health and safety of the occupants and the surrounding residents are prohibited.

(13)

No occupational sounds shall be audible outside the dwelling.

(14)

No machinery or equipment shall be used which will cause interference with the radio or television reception of neighboring residences.

§ 164-16.1 No-impact home-based business.

[Added 1-6-2003 by Ord. No. 2003-1]

No-impact home-based businesses as defined in § 164-5 shall be permitted in all zoning districts which permit residential uses. The no-impact home-based business or commercial activity must satisfy the following requirements.

Business activity. The business activity shall be compatible with the residential use of the property and surrounding residential uses.

Workers. The business shall employ no employees other than family members residing in the dwelling.

Building appearance and storage. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

Building appearance and signs. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

Nuisance prohibited. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception which is detectable in the neighborhood.

Waste. The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

Location and size. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

Prohibited uses. The business may not involve any illegal activity.

§ 164-17 Fences.

No fence or wall shall be erected along or within any of the side or rear yards required by this chapter which shall exceed a height of eight feet in industrial districts or six feet in all other districts (excepting a retaining wall or the wall of a building permitted under the terms of this chapter) unless a special exception therefor be granted by the Zoning Hearing Board. No fence or wall shall be erected along or within any of the front yards required by this chapter which shall exceed a height of four feet (excepting a retaining wall or the wall of a building permitted under the terms of this chapter) unless a special exception therefor shall be granted by the Zoning Hearing Board. A fence erected within any of the front yards required by this chapter shall be constructed with at least 50% of its surface open, as viewed on any line perpendicular to the vertical plane of the fence and for the entire thickness of the fence.

§ 164-18 Removal of topsoil.

The permanent removal of topsoil from any parcel of land within the Township shall be prohibited, except as follows: During construction or regrading on the premises, topsoil must be removed from the areas of construction and stored separately on the site. Upon completion of all construction, the topsoil must be redistributed evenly to a minimum depth of eight inches over all previously disturbed areas of the site. Any excess topsoil remaining after this redistribution may then be removed with the written permission of the Township Engineer.

§ 164-19 Removal of subsurface solids.

The permanent removal of subsurface solids, whether soil, clay or mineral in nature, for other than on-site construction or grading purposes shall be prohibited except in industrial districts, if otherwise qualified under the provisions of this chapter, and when such soil, clay, minerals and like materials are the sole raw materials or part of the raw materials used by an industry located within the Township, and provided further that, at the conclusion of such operation, the industry involved shall be responsible for filling-in and/or regrading the section of land from which such raw materials have been removed so that proper drainage and appearance will be preserved.

§ 164-20 Lot frontage.

Each and every lot shall abut a public street or private rural lane, as defined in Ch. 142, Subdivision and Land Development, for a width of at least 25 feet, measured at the legal and ultimate public street rights-of-way or the equivalent right-of-way of a private rural lane. Lots of public record in single and separate ownership on the effective date of this chapter which do not have any frontage on a public street or private rural lane or which have less than 25 feet of frontage shall be permitted to construct one single-family detached home and no more, provided that adequate and legal access for the residents and emergency vehicles is available from the lot to a public street or private rural lane.

§ 164-21 Home child day-care facilities.

The following provisions apply to family and group child day-care homes. Day-care centers are governed by the regulations in Article XIVA, Institutional Regulations.

General provisions

Categories included. The provisions of this section pertain to day-care service for children by caregivers in family and group day-care homes, subject to regulations of the Pennsylvania Department of Public Welfare (DPW). Day-care service for children shall include out-of-home child day-care service for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day-care service for children shall not include babysitting or day care furnished in places of worship during religious services.

Registration and licensing. Family day-care homes, as defined in this chapter, must hold an approved and currently valid DPW registration certificate. Group day-care homes, as defined in this chapter, must hold an approved and currently valid DPW license. In addition, all child day-care facilities shall comply with all current DPW regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or Township building and fire safety codes.[1]

Editor's Note: See Ch. 58, Building Construction.

General safety. No portion of a child day-care facility shall be located within a three-hundred-foot distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, etc.

Hours of outside play. Outside play shall be limited to the hours between 8:00 a.m. and sunset, as defined by the National Weather Service.

Outdoor play area. An outdoor play area, as required by DPW regulations, shall be provided for any proposed child day-care facility.

On-site outdoor play area. An on-site outdoor structured play area or areas of high outdoor activity shall be located in yard areas which provide adequate separation, safety and protection from adjoining uses, properties and roadways. The on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child-care facility on the same lot as the facility.

Off-site outdoor play area. In accordance with DPW standards, a child day-care facility may utilize off-site play areas in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within a one-half-mile distance of the facility, measured from the property line of the facility. When the use of an off-site play area is proposed, the applicant shall inform the Township about the means of transportation that will be used to access the off-site play area. For reasons of safety, when children will be walked to an off-site play area, the route to the play area shall not involve the crossing of primary arterial or collector streets. Pedestrian access on sidewalks or improved walkways shall be required.

Altering exterior of residential structures. Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height and roof pitch of any addition and the building materials used shall be compatible with the existing structure.

On-lot sewage disposal. For properties utilizing an on-lot sewage disposal system, the applicant shall demonstrate that the system is properly sized to accommodate sewage flows from the registered or licensed capacity of the child day-care facility.

Family day-care homes.

Where allowed:

Permitted by right. Family day-care homes may be located by right in any single-family detached dwelling unit, subject to the standards of the zoning district in which the unit is located and the following development standards in this section, whichever are more restrictive.

Conditional uses. Family day-care homes may be located as a conditional use in two-family, townhouse and apartment dwelling units, subject to the standards of the zoning district in which the unit is located and both the development standards and the conditional use standards in this section, whichever are more restrictive.

Development standards. The following standards shall apply to all proposed family day-care homes:

Drop-off area. One on-site drop-off space for children shall be provided. An existing driveway or common parking lot space may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway, that is not otherwise occupied or committed, to safely accommodate a parked vehicle. If a driveway is used for the drop-off area and the proposed use fronts a primary arterial, collector or feeder street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, an on-site drop-off space shall be provided. The drop-off area shall conform to the Township dimensional standards for residential parking spaces.

Fencing. If there are unsafe areas, such as open drainage ditches, pools, wells, holes, streets, etc., in or near to an outdoor play area, there shall be fencing to restrict children from these areas.

Conditional use standards for family day-care homes.

The applicant shall demonstrate that the children in the dwelling can safely, quickly and easily vacate the premises in case of emergency.

The hours of operation shall be limited to the hours between 6:30 a.m. and 8:00 p.m.

The number of children shall not create a nuisance for abutting dwellings.

Group day-care homes.

Where allowed. Group day-care homes may be located as a conditional use in any single-family detached dwelling units located on a lot with a net area of a half acre or greater, subject to the standards of the zoning district in which the facility is located and the following additional conditional use standards in this section, whichever are more restrictive.

Conditional use standards. The Township Board of Supervisors shall consider the following when reviewing a conditional use application for a proposed group day-care home. The Board of Supervisors may impose any other conditions necessary to mitigate any potential adverse impact of the facility on the surrounding area.

Minimum distance between facilities.

Residential zoning districts. In order to avoid a concentration of individual group day-care homes in residential neighborhoods, group day-care homes shall be located a minimum of 300 feet from each other as measured from the respective property lines.

Nonresidential zoning districts. No minimum distance requirement applies.

On-site parking. There shall be one additional on-site parking space provided for a nonresident employee above the number of spaces required for the residential use.

Drop-off area. A drop-off area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway may be used for the drop-off area if it can be demonstrated that there is sufficient space available in the driveway, that is not otherwise occupied or committed, to safely accommodate two parked vehicles. If a driveway is used for the drop-off area and the proposed use fronts a primary arterial, collector or feeder street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, two new on-site drop-off spaces shall be provided.

Fencing of outdoor play area. In order to physically contain the activity of children in the outdoor play area, a minimum four-foot-high fence shall be erected along the perimeter of the outdoor play area. When possible, the fence shall be set back at least 10 feet from property lines.

Signs for group day-care homes are not permitted in residential zoning districts. In nonresidential zoning districts, signs shall comply with the standards in Article XVII which apply to the zoning district in which the group day-care home is located.

§ 164-22 Common open space.

Common open space must meet the following standards:

Common open space shall consist of areas with one or more of the following characteristics:

Lands suitable for active recreational uses such as baseball, football and soccer, provided that the area used is large enough to accommodate such activity without interfering with dwelling units, parking, driveways and roads.

Lakes, ponds, streams, rivers and wetlands.

Floodplain, as defined in this chapter.

Slopes exceeding 15%, as delineated by the Montgomery County Soil Survey, or by accurate contour mapping on the applicant's plan.

Woodlands.

Settings of historic sites.

Active farmland.

Provision of land suitable for active recreation. All developments where common open space is required must provide a minimum amount of open space that is suitable for active recreation, in accordance with the following standards:

At least 5% of the total gross tract area of developments with common open space shall be set aside for active recreation, unless the Township Board of Supervisors determines that the provision of this open space will preclude the completion of an interconnecting link in the Township's community path system. Land used for active recreation shall count towards the minimum amount of common open space required on a tract.

Land shall be considered suitable for active recreation when it meets all of the following requirements:

The land has no floodplain, wetlands, ponds, streams or other water bodies.

The land contains no woodlands or is cleared of woodlands.

The land has slopes ranging from 0% to 5% and is well drained.

The land is concentrated in one contiguous location and has dimensions that are suitable for use as a playing field. On tracts with more than an acre of active recreation land, the active recreation land can be concentrated in more than one area, provided that each concentration is suitable for use as a multipurpose playing field.

The land is easily accessible from the majority of the homes in the development.

Design requirements. Common open space shall:

Be designed as a continuous, interconnected system of areas, wherever practicable.

Be interconnected with common open space or government-owned parkland on abutting tracts.

Be comprised of areas not smaller than 11,000 square feet, unless a smaller size is specifically permitted under the open space provisions listed in the applicable zoning district.

Be comprised of areas with a minimum horizontal dimension in every direction of at least 75 feet, unless narrower widths are specifically permitted under the open space provisions listed in the applicable zoning district.

Be provided with safe and convenient access by adjoining public road frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle and maintenance vehicle traffic. When access strips are used to provide access to the open space, the access strip shall be at least 25 feet in width, no longer than the depth of a typical lot in the development and fenced and/or buffered from abutting properties. Access strips can be counted towards the total amount of required open space.

Contain improved sidewalks, bicycle trails and driveways for maintenance vehicles, when necessary.

Be provided with sufficient perimeter parking when necessary.

Be conveniently located for access by potential users.

(9)

Be offered for dedication to the Township, either as fee simple dedication or as an easement.

No area that is used for setbacks from common open space or individual lot area may be used for calculating common open space.

Fuel, power and other utility lines, whether underground or overhead, shall comprise no more than 40% of the required common open space area, and such utility corridors shall not be eligible for use under the bonus provisions of any zoning district. Furthermore, land within utility easements may be used for common open space purposes only if the utility companies possessing legal rights to these easements do not prohibit their use for such purposes.

No more than 10% of required common open space areas may be used to accommodate stormwater detention facilities. When stormwater detention facilities are located in land that will be owned by the Township, a means of maintaining these detention facilities must be provided by the applicant.

Ownership and maintenance of common open space.

All common open space shall be permanently restricted from all future subdivision and land development, except for the subdivision of road rights-of-way and the development of roads identified in the most recent edition of the Lower Salford Comprehensive Plan as new road alignments or realignments. Under no circumstances shall any new buildings be permitted in the open space at any time in open space that is not owned by the Township.

[Amended 10-6-1999 by Ord. No. 99-12]

Ownership. The following methods may be used, either individually or in combination, to own common open space; however, common open space shall be initially offered for dedication to the Township. Common open space shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the open space ratio of the overall development. Ownership methods shall conform to the following:

Fee simple dedication to the Township. The Township may, but shall not be required to, accept any portion of the common open space, provided that:

There is no cost to the Township; and

The Township agrees to and has access to maintain such facilities.

Condominium association. Common open space may be controlled through the use of condominium agreements. Such agreements shall be in accordance with the Pennsylvania Uniform Condominium Act of 1980,[1] as amended. All open space shall be held as common element.

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

Homeowners' association. Common open space may be held in common ownership by a homeowners' association, provided that the following regulations are met:

The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance and use restrictions for common open space.

The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.

Membership in the association shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.

The association shall be responsible for maintenance and insurance of common open space.

Written notice of any proposed transfer of common open space by the association or the assumption of maintenance for common open space must be given to all members of the association and to the Township no less than 30 days prior to such event.

The association shall have adequate staff to administer, maintain and operate such common open space.

Transfer to a private conservation organization or Montgomery County. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or Montgomery County, provided that:

The conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely;

The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Montgomery County becomes unwilling or unable to continue carrying out its functions;

The open space is deed restricted against development and the Township is given the ability to enforce these restrictions; and

A maintenance agreement acceptable to the Township is established between the owner and the organization or Montgomery County.

Dedications of easements to the Township. Easements shall be offered to the Township; however, the Township may, but shall not be required to, accept easements for public use of any portion of the common open space. In such cases, the open space remains in the ownership of the condominium association, homeowners' association or private conservation organization while the easements are held in public ownership. In addition, the following regulations shall apply:

There shall be no cost of acquisition to the Township.

Any such easements for public use shall be accessible to the residents of the Township.

A satisfactory maintenance agreement shall be reached between the owner and the Township.

Maintenance. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common open space shall be borne by the property owner, condominium association, homeowners' association or conservation organization.

The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance and operation of common open space, in accordance with the following requirements:

The plan shall define ownership;

The plan shall establish necessary regular and periodic operation and maintenance responsibilities;

The plan shall estimate staffing needs, insurance requirements and associated costs and define the means for funding the maintenance and operation of the open space on an on-going basis. Such funding plan shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs;

At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common open space for up to one year; and

Any changes to the maintenance plan shall be approved by the Township Board of Supervisors.

ADULT BOOKSTORE or ADULT VIDEO STORE

In the event that the organization established to maintain common open space, or any successor organization thereto, fails to maintain all or any portion of the common open space in reasonable order and condition, the Township may assume responsibility for maintenance. The Township may enter the premises and take corrective action. The costs of such corrective action and the costs of on-going maintenance may be charged to the property owner, condominium association, homeowners' association, conservation organization or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of the county.

§ 164-23 Adult entertainment uses.

Intent. The Township of Lower Salford has determined that adult entertainment uses frequently have secondary effects which can have a negative impact upon the health, safety and welfare of Township residents. These situations include difficulties with law enforcement, municipal maintenance, trash, negative effects on business and residential property values, increased crime, corruption of the morals of minors and prostitution. The Township of Lower Salford considers that limiting the location of and requiring permitting for adult entertainment uses are legitimate and reasonable means of addressing the secondary effects of such uses without affecting or suppressing any activities protected by the First Amendment of the United States Constitution.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT ARCADE

Any place to which the public is permitted or invited to operate still or motion-producing devices which show images to five or fewer persons per machine at any one time and where the image so displayed or distinguished or characterized depicts or describes specified anatomical areas or specified sexual activities.

Any commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARET/DANCE HALL/PRIVATE CLUB/BAR/TAVERN/NIGHT CLUB/RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENT

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.

Any type of establishment offering adult entertainment which presents material distinguished or characterized by an emphasis on matter depicting or describing specific sexual activities or specified anatomical areas, for observation by patrons therein. Such presentation or material may be live or through films, motion pictures, videocassettes, slides or other means of photographic reproduction.

ADULT ENTERTAINMENT

Live or nonlive entertainment containing specified sexual activities or displaying or presenting specified anatomical areas. This definition is a broad overall definition which includes the activities of adult arcades/cabarets/dance halls/private clubs/bars/gentlemen's bars/taverns/adult bookstores, adult video stores, adult mini-motion-picture theaters and peep shows, adult motels and sexual encounter centers as part of its definition for adult entertainment.

ADULT MOTION-PICTURE THEATER

Any structure which houses an establishment used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by patrons therein.

ADULT MOTEL

A hotel, motel or similar commercial establishment which offers accommodation to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.

NUDITY

The appearance of the specified anatomical areas without any coverings on the body area.

PEEP SHOWS

Any structure which houses a commercial establishment with the capacity for one or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas for observation by parties therein.

SEMINUDITY

State of dress in which clothing partially or transparently covers the specified anatomical areas.

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that as one of its primary business purposes offers physical contact in the form of wresting or tumbling between persons of the opposite sex; or activities between two or more persons when one or more of the persons is in a state of nudity or seminudity.

SPECIFIED ANATOMICAL AREAS

Human genitals, pubic region, anus, buttocks, female breasts below the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Activities which include any of the following:

Human genitals in a state of sexual stimulation or arousal;

Acts or simulated acts of sexual intercourse, masturbation, sodomy, oral copulations or bestiality; or

Fondling or other erotic touching of specified anatomical areas.

Classification. Adult entertainment uses are classified as any of the following activities:

Adult arcade.

Adult cabaret, dance hall, private club, bar, tavern, night club, restaurant or similar commercial establishment.

Adult material sales, including adult bookstore and adult video store.

Adult motion-picture theater.

Adult motel.

Peep shows.

Sexual encounter center.

Development regulations. All adult entertainment uses shall meet the following conditions:

Adult entertainment uses shall not be located in any zoning district except for the I Industrial District, where they are permitted as a conditional use.

No adult entertainment use shall be located within 500 feet of a residential zoning district.

No adult entertainment use shall be located within 1,000 feet of a church, existing or proposed school or school property line, child day-care facility, playground, park or Township bicycle trail.

No adult entertainment use shall be located within 1,000 feet of another adult entertainment use.

Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in conformance with the requirements of Article XVII herein.

If any portion of a use meets the definition of adult entertainment use, except for limited sale of adult materials, as listed under the adult bookstore definition, then that portion must comply with the requirements of this section.

Permit.

Any person who operates an adult entertainment use, as defined herein, is required to obtain a permit from the Township to operate such use. Each permit shall expire one year from the date of issuance and may only be renewed by making application for a new permit.

The annual fee for an adult entertainment use permit shall be set by the Lower Salford Board of Supervisors.

The application for an adult entertainment use permit shall include a sketch or diagram of the configuration of the premises and a list of all individuals who have a ten-percent or greater interest in the adult use, and any other information deemed necessary by the Zoning Officer.

The Township shall deny initial applications for a permit if any one of the following conditions is found to be true:

The applicant is under 18 years of age.

An applicant or the spouse of an applicant is delinquent in payment of any moneys owed to the Township.

The premises for the adult entertainment use have been disapproved by the Fire Marshal or Building Inspector.

An applicant, any individual or corporation having a direct interest of 10% or greater in the adult entertainment use or the person in change of the operation of the business have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania or convicted of any offense in any other jurisdiction that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania.

Expiration and renewal of permit.

Each permit shall expire one year from the date of issuance and may only be renewed by meeting the application requirements for permits outlined above in § 164-23E(4). Applications for renewal shall be made at least 30 days before the expiration date.

Permits shall not be renewed during a suspension or revocation time period.

Inspection. The applicant or permittee shall permit the Township Police Department, Fire Marshal, Building Inspector, Zoning Officer or other Township official to inspect the premises of the adult entertainment use to ensure compliance with the law at any time that the use is open for business.

Suspension. The Zoning Officer shall suspend a permit for not more than 30 days if he finds that the permittee or an employee has violated any section of this chapter, refused to allow inspections as authorized by this section or has knowingly permitted gambling by any person on the adult entertainment use premises.

Revocation. The Zoning Officer shall revoke a permit if a cause of suspension occurs and the permit has been suspended within the preceding 12 months. Further, the Zoning Officer shall revoke a permit if any of the conditions set forth in § 164-23E(4) is found to be true; if any information submitted for the permitting process is found to be false; if the permittee or an employee has knowingly allowed the possession, use or sale of controlled substances on the premises, allowed prostitution on the premises or allowed any act of sexual contact to occur in or on the premises. When the Zoning Officer revokes a permit, the revocation shall continue for a period of one year from the date of revocation.

§ 164-24 Mobile homes.

Individual mobile homes are considered single-family detached dwellings, and accordingly a single mobile home is allowed on a lot in any zoning district in which single-family detached dwellings are a permitted use, provided that all applicable requirements are met. Tracts of sufficient size to accommodate more than one lot and zoned to permit single-family detached dwellings may be utilized for the erection of more than one mobile home, provided that the tract is subdivided in accordance with all regulations of its zoning district, as well as the regulations in Ch. 142, Subdivision and Land Development, and all other applicable requirements. In addition, on tracts of 15 acres or greater in size that are zoned MHP Mobile Home Park District, R-4 residential district or R-5 residential district, mobile homes may be grouped in a planned mobile home park, provided that the mobile home park complies with the use requirements of the zoning district in which the mobile home park is located, all requirements of Article XIA, Mobile Home Park District, of this chapter, all regulations specified in Article VI, Mobile Home Regulations, of Ch. 142, Subdivision and Land Development, and all other applicable regulations.

§ 164-25 Consideration of conditional use applications.

An application for any conditional use as specified in the various districts of this chapter shall be considered by the Board of Supervisors according to the following procedure:

Conditional use application. An application shall be submitted, in writing, to the Township Manager or Zoning Officer. Such application shall include, as a minimum, a tentative sketch plan indicating basically how the applicant intends to develop the property and sufficient data to document compliance with the applicable standards of this chapter. The Board of Supervisors shall hold a public hearing on said application within the time period required by the Municipalities Planning Code.[1]

Editor's Note: See 53 P.S. § 10101 et seq.

Public hearing. Prior to deciding to approve or deny the use of a tract for the proposed conditional use, the Board of Supervisors shall hold a public hearing thereon. At least 30 days prior to the date of the hearing, one copy of the conditional use application and development proposal and all additional submitted information shall be transmitted to the Township Planning Commission, together with a request that this agency submit recommendations regarding said proposal. Prior to the hearing, the Board of Supervisors shall give notice of the hearing as follows:

[Amended 1-4-2010 by Ord. No. 2010-1]

By publishing a notice thereof once a week for two successive weeks before the date fixed for the hearing in a newspaper of general circulation in the Township; the first publication shall not be more than 30 days from and the second publication shall not be less than seven days from the date of the hearing.

By mailing or serving due notice to the parties in interest.

By mailing or serving notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every lot within a five-hundred-foot radius of the lot in question.

By mailing notice thereof to any resident or association of residents of the Township or other interested parties who shall have formally registered their names and address for this purpose with the Board.

By conspicuously posting written notice of the hearing on the affected tract of land at least one week prior to the hearing.

The notices herein required shall state the location of the building or lot in question and the general nature of the conditional use requested.

In allowing a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. In attaching such conditions and safeguards, the Board of Supervisors shall consider the following:

The potential adverse impact of buildings, driveways, parking areas, loading areas, outdoor activity areas, light sources, trash areas, storage areas, signs and other potential nuisances on abutting properties and the neighborhood as a whole.

Potential congestion and safety problems on abutting streets and nearby intersections caused by driveway intersections with streets and traffic circulation patterns within lots.

The potential environmental impact of the proposed use on the Township's streams, ponds, wetlands, parkland, groundwater, vegetation, air and ground.

The proposed use's compliance with the goals and land use plan in the Township's current Comprehensive Plan.

§ 164-25.1 Ownership.

[Amended 6-22-2000 by Ord. No. 2000-5]

No standards in this chapter shall be construed as prohibiting condominium, fee simple of other methods of ownership. Where condominium ownership or other non-fee-simple ownership is not expressly permitted by standards in a specific zoning district, condominium or other non-fee-simple ownership will be permitted, provided that an equivalent lot, as defined is § 164-5 of this chapter, is provided for each dwelling unit, apartment building or nonresidential building.

§ 164-25.2 Outdoor lighting.

[Amended 6-7-2017 by Ord. No. 2017-03]

Legislative intent. The purpose of this section of this chapter is to:

Permit reasonable uses of outdoor lighting for the public health, safety, and welfare while preserving the ambiance of the night;

Curtail and reverse any degradation of the nighttime visual environment and the night sky;

Require and set standards to protect drivers and pedestrians from the disabling glare of nonvehicular light sources;

Require and set minimum standards to protect neighbors and the night sky from glare and light trespass from improperly selected or poorly aimed, placed, applied, maintained or shielded light sources;

Promote energy-efficient lighting design and operation in order to conserve energy and resources to the greatest extent possible;

TEMPORARY OUTDOOR RECREATIONAL LIGHTING EQUIPMENT

Enhance the character of the various portions and districts of Lower Salford Township.

Applicability. Uses that are proposed to operate during hours of darkness, including, but not limited to, the following: residential, multifamily residential, commercial, industrial, institutional, public recreational/sports, sign and architectural and landscape lighting.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CUTOFF

A lighting fixture from which no more than 2.5% of its lamp's candela output is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of its lamp's intensity is emitted between 80° and that horizontal plane. This applies to all lateral angles around the fixture.

FOOTCANDLE

A unit of incident light (on a surface) stated in lumens per square foot and measurable with a light meter. One footcandle is equal to one lumen per square foot.

FULL CUTOFF

A lighting fixture from which none of its lamp's candela output is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted between 80° and that horizontal plane. This applies to all lateral angles around the fixture.

GLARE

The sensation produced by lighting that causes a loss in visual performance and visibility to the eye.

ILLUMINANCE

The quantity of incident light measured in footcandles.

INCIDENT LIGHT

The light that falls on a subject, whether it comes from a direct or indirect source.

LIGHT TRESPASS

Light emitted by a lighting installation, which extends beyond the boundaries of the property on which the installation is sited.

LUMEN

The light-output rating of a lamp (light bulb), as used in the context of this section.

LUMENAIRE

A complete lighting unit.

LUMINANCE

The brightness of a light source or surface measured in footcandles.

NADIR

The point directly below the luminaire when the luminaire is pointed down (zero-degree angle).

A temporary, portable lighting tower not exceeding 40 feet in height and utilizing an external power source or user-supplied generator to provide lighting for youth sports, for a single, continuous period of time not to exceed 90 days in a calendar year.

[Added 7-1-2020 by Ord. No. 2020-02]

UNIFORMITY RATIO

The ratio of the maximum to minimum illuminance on a surface (usually applied to the ground, or to a plane at a stated distance above the ground; where so stated, it shall also apply to a vertical surface such as a building or display).

Lighting criteria.

Illumination levels.

Lighting, where required by this section or otherwise required by Lower Salford Township, shall have intensities and uniformity ratios in accordance with the recommended practices of the Illuminating Engineering Society of North America ("IESNA") Lighting Handbook, latest edition, as follows:

Minimum = 1/2 footcandle (0.5 fc); and

Uniformity = six-to-one ratio (6:1).

Measurement of light.

Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall have been tested, calibrated and certified by an independent commercial photometric laboratory or the manufacturer within one year of the date of its use.

Method of measurement. The meter sensor shall be mounted not more than 36 inches above ground level in a horizontal position when measuring the illumination level.

Lighting fixture design.

Streetlighting supplied with unmetered electric service shall meet the specifications of the electric utility.

For the lighting of predominantly horizontal surfaces such as, but not limited to, roadways, areas of vehicular and pedestrian passage, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, paths, site entrances and parking areas, fixtures shall be aimed straight down and shall be full cutoff. For the use of reflector lamps, a maximum of 14,000 center-beam-candlepower ("CBCP") shall be permitted.

For lighting of nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, fountains, displays, flags and statuary, the use of lighting fixtures that are not full cutoff shall be permitted, provided that: directional fixtures for such lighting are aimed so as not to project their output beyond the objects intended to be illuminated; the light source is not visible from neighboring properties; and the proposed lighting is otherwise in compliance with this section. The lighting of such nonhorizontal surfaces shall be extinguished between the hours of 11:00 p.m. and dawn. Notwithstanding, the United States and the state flags shall be permitted to be illuminated between the hours of 11:00 p.m. and dawn by a source or sources of illumination with a beam spread no greater than necessary to illuminate the flag and not in excess of 15,000 lumens per flagpole.

Barn lights (fixtures which are not full cutoff, or cutoff, but which have a diffuser which transmits the light at angles above full-cutoff or cutoff angles) shall not be permitted where they are visible from other uses unless fitted with a reflector or other device to render them full cutoff.

Control of glare (excessive brightness in the field of view).

All lighting shall be aimed, located, designed, fitted and maintained so that the source of illumination, if possible, is not visible from off of the premises, so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

Floodlights and spotlights shall be so installed and aimed that they do not project their output into the windows of neighboring properties, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Authorities having jurisdiction shall take specific care to ensure this criterion by requiring submission of photometric plots of the illuminated surface and its surroundings.

Unless otherwise permitted by the Township, e.g., for safety or security or all-night commercial/industrial operations, lighting for commercial, industrial, public recreational and institutional applications shall be controlled by programmable timers that accommodate seasonal and annual variations and battery or mechanical (e.g., spring-wound) backup, to permit extinguishing sources between 11:00 p.m. and dawn or within one hour of the close of business, whichever is earlier, to conserve energy and to mitigate glare and sky-lighting consequences.

Security lighting proposed for use after 11:00 p.m. or after the normal hours of operation for commercial, industrial, institutional or municipal applications shall be accomplished using no more than 25% of the normal illumination level of the facility lighting used during normal business hours, from then until the start of business in the morning. This can be accomplished by reducing the number of illuminated fixtures or, where reduced but continued activity requires even illumination, the use of dimming circuitry to reduce illumination levels by 75% after 11:00 p.m. or after normal business hours shall be permitted.

Control shall be achieved primarily through the use of such means as cutoff fixtures and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling glare, except that the use of dense evergreen hedges, such as yew or juniper, to shield ground-mounted floodlights may be used with signs up to 15 feet in height, provided such planting is maintained in a manner that shields the fixture from view of traffic and pedestrians at an angle below 45° above horizontal.

The level of illumination projected onto a residential use from another property shall not exceed 0.1 initial horizontal footcandle at the property line. The level of illumination projected onto a nonresidential use and street rights-of-way (except streetlights) shall not exceed 0.4 initial horizontal footcandle at the property line.

(g)

Fixtures for such applications as facade, fountain, feature and landscape illumination shall be aimed so as not to project their output beyond the objects intended to be illuminated, shall meet requirements stated above with respect to light trespass, shall be extinguished between the hours of 11:00 p.m. and dawn and shall not be in conflict with the principles stated throughout § 164-25.2 of this chapter.

(h)

The United States and the state flag shall be permitted to be illuminated from dusk till dawn, and each flag shall be illuminated by a source or sources with a beam spread no greater than necessary to illuminate the flag.

(i)

Use of white strobe lighting for tall structures such as smokestacks, chimneys and radio/communications/television towers is prohibited during hours of darkness, except as specifically required by the FAA.

(j)

Canopy lighting, for such applications as gas/service stations, bank, drugstore and fast-food drive-through, shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and cut off in such a manner that the lowest opaque edge of the fixture shall be level with or below the light source. In addition, the source of illumination may not be visible from off of the premises.

(k)

Residential holiday lighting is exempt from the requirements of this section, except as it creates a hazard or glare.

Recreational uses.

Outdoor recreational facilities such as playing fields and courts may be lighted only upon conditional use approval by the Board of Supervisors (in accordance with Lower Salford Township Code, Chapter 164, Zoning, § 164-25, Consideration of conditional use applications). Such approval shall only be granted by the Board of Supervisors where the applicant can demonstrate, in addition to the other requirements contained in this section, that such lighting shall meet the following requirements:

The source of illumination may not be visible from off of the premises.

Lighting shall be accomplished only through the use of fixtures conforming to IESNA criteria, or as otherwise approved by the Township based on suitable control of glare and light trespass. Floodlighting for sports or recreational facilities shall not be aimed above a beam-center angle of 45° from vertical, nor shall the level of illumination on neighboring properties exceed the limits specified in § 164-25.2D(3)(f).

Outdoor lighting shall only occur between dusk and 10:00 p.m. For special events, the outdoor lighting hours may be extended to 11:00 p.m., provided that written permission is received from the Township Board of Supervisors.

Outdoor recreational activities shall not be illuminated if located within any residential zoning district or sited on a nonresidential property located within 1,200 feet of a residential use.

Maximum mounting heights for nontournament recreational lighting shall be in accordance with the following:

Basketball: 30 feet.

Football: 70 feet.

Soccer: 70 feet.

Baseball: 70 feet.

Little League baseball: 200-foot radius field, 60 feet; 300-foot radius field, 70 feet.

[f]

Tennis: 30 feet.

[g]

Swimming pool: 20 feet.

Maximum mounting heights for all other recreational activities, including tournament and high-school level applications, must conform to the requirements contained in the Illuminating Engineering Society of North America (IESNA) Lighting Handbook, 9th Edition, Chapters 21 and 22, and relevant IESNA Recommended Practices and must be approved by the Lower Salford Township Board of Supervisors.

The use of temporary outdoor recreational lighting equipment on Township-owned property adjoining property in the Township zoned and used for commercial purposes shall not require conditional use approval as set forth herein. Notwithstanding, a permit from the Township shall be required for any such lighting equipment, and, in addition to any other applicable requirements contained in this chapter, the lighting shall comply with Subsections D(1), (2), and (3) above, except that the use of temporary outdoor recreational lighting equipment shall not be permitted past 9:00 p.m. Any permit application shall include a plan satisfactory to the Township detailing the location of the temporary outdoor recreational lighting equipment, lighting fixture design and positioning, and any other information necessary to demonstrate compliance with the requirements set forth herein.

[Added 7-1-2020 by Ord. No. 2020-02]

Street and parking lot lighting for residential applications.

For all residential developments, streetlighting shall be provided as follows:

At the intersection of public roads with entrance roads to the development.

At the intersection of roads within the development.

At a maximum spacing of 400 feet.

At other locations along the street as deemed necessary by the Board of Supervisors.

In multifamily developments, common parking areas shall be illuminated in accordance with the lighting criteria luminance levels, lighting fixture design and control of glare contained in § 164-25.2D(1), (2) and (3).

Lighting fixtures for parking lots and roadways in residential developments shall be mounted not more than 14 feet above finished grade.

Signs. Where signs are permitted under Lower Salford Township Code, Chapter 164, Zoning, Article XVII, Signs, the illumination of such signs must comply with the following:

For the lighting of billboards and externally illuminated signs, fixtures shall be designed, fitted and aimed to limit the light pattern to the sign or billboard, so as not to project their output into the windows of neighboring residences, adjacent uses, past the face of the billboard or sign, skyward or onto a public roadway.

Billboards and externally illuminated signs shall be lighted by fixtures mounted at the top of the billboard or sign and aimed downward. Nonbillboard business and similar use signs may utilize ground-mounted fixtures if shielded by evergreen plantings, as described in § 164-25.2D(3)(e) above, or such devices as masonry enclosures providing equivalent shielding. Fixture type, application, and mounting shall meet the requirements of § 164-25.2D(3)(a) and (e) herein.

Billboards and signs, whether on or off premises, shall be automatically extinguished by 11:00 p.m., except that signs for businesses that remain open past 11:00 p.m. shall be allowed to be automatically extinguished no more than 1/2 hour past the close of business.

The maximum initial illumination on the face of an externally illuminated billboard or sign shall not exceed 30 vertical footcandles and shall have a maximum-to-minimum uniformity ratio not to exceed 6:1. Illuminated signs shall not reflect light at a level in excess of 30 footcandles.

Internal LED light sources for signage shall be static and shall not be allowed to operate past 11:00 p.m. when located where visible from a residential district or use. Illumination levels shall be limited to that listed in Subsection D(6)(d) above.

The use of highly reflective signage that creates glare or a safety hazard shall not be permitted.

(g)

Applications for the lighting or relighting of signs and billboards shall be accompanied by a point-by-point grid plot on ten-foot-by-ten-foot centers (or as necessary for suitable legibility) of initial vertical illuminance on the sign or billboard face, catalog cuts of proposed fixtures and any glare-reduction devices and a description of lamps, mounting locations, aiming angles and proposed hours of operation and method for automatically extinguishing the lighting by the required hour.

Nonresidential lighting applications.

Lighting for nonresidential applications shall meet the illumination levels, fixture design and control of glare of § 164-25.2D(1), (2) and (3).

Pole-mounted and building-mounted fixtures for roadways, pedestrian walkways, parking lots, and similar uses shall be aimed straight down.

Mounting heights. The following maximum fixture-mounting heights shall prevail:

Full-cutoff fixtures with 44,000 lumens maximum, in parking lots: no greater than 20 feet above finish grade.

Full-cutoff fixtures with 115,000 lumens maximum shall be permitted only in large (100 spaces or more) commercial, institutional and industrial parking lots, except when the facility is adjacent to a residential district or use: not more than 30 feet above finish grade. Mounting heights of not more than 16 feet above finish grade shall be permitted when located less than 100 feet from a residential district or use.

Decorative full-cutoff fixtures with 17,500 lumens maximum: 16 feet above finish grade.

Full-cutoff bollard fixtures with 6,200 lumens maximum: 42 inches above finish grade.

Recreational uses: Refer to § 164-25.2D(4).

Post-installation inspection. The Township reserves the right to conduct post-installation nighttime inspections to verify compliance with the requirements of this section and approved plans, and, if appropriate, to require remedial action at no expense to the Township.

Plan submission.

For subdivision and land development applications where site lighting is required by this section or the Township, or proposed, lighting plans shall be submitted to the Township for review and approval with any preliminary or final subdivision/land development plan application and with any conditional use application. The Township may also require that lighting plans be submitted for building permit applications, special exception applications and zoning hearings. Lighting plans shall include:

A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, the existing and permitted uses of all adjoining properties, and containing a layout of all proposed fixtures by location, mounting height and type. The submission shall include, in addition to area lighting, exterior architectural, building-entrance, landscape lighting, etc.

A point-by-point illuminance grid plot on ten-foot-by-ten-foot centers (or as necessary for suitable legibility) of footcandles overlaid on the site plan, plotted out to 0.0 maintained footcandles, which demonstrate compliance with the light trespass, illuminance and uniformity requirements as set forth in this section or as otherwise required by the Township.

The lamp lumen ratings and types, maintenance (light-loss) factors and IES criteria used in calculating the illuminance levels.

Description of the proposed equipment, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, on/off control devices, and mounting heights.

Landscaping plans shall contain lighting fixture locations and shall demonstrate that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

The Township may require mounting methods, wind loading, soil analysis, and other structural information relating to public safety by requirements in the Municipal Building Code, Zoning Ordinance, or other such ordinance.

When requested by the Township, the applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to retain the intended character of the area.

Plan notes. The following notes shall appear on the lighting plan:

A statement that the design meets the requirement that the source of illumination is not visible from off of the premises (except required streetlights).

Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.

The Township reserves the right to conduct post-installation nighttime inspections to verify compliance with the requirements of this section and as otherwise agreed upon by the Township and, if appropriate, to require remedial action at no expense to the Township.

The installer shall notify the proper municipal official to arrange for inspection and approval of all exterior lighting equipment, including building-mounted lighting, prior to its installation.

Compliance monitoring.

Safety hazards.

If the Zoning Officer of the Township determines a lighting installation, including lighting poles, creates a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified, in writing, and required to take remedial action.

If appropriate corrective action has not been effected within 90 days of written notification, the Township may commence legal action as provided in § 164-25.2G and H below.

Glare and illumination levels.

When the Zoning Officer of the Township determines that an installation produces unacceptable levels of glare, skyward light, and excessive or insufficient illumination levels or otherwise varies from this section, the Township may cause written notification to the person(s) responsible for the lighting and require appropriate remedial action.

If appropriate corrective action has not been effected within 90 days of notification, the Township may commence legal action as provided in § 164-25.2G and H below.

The Board of Supervisors may require minimum illumination levels for purposes of public safety or security.

If the Zoning Officer of the Township determines that a lighting installation provides inadequate illumination levels, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action.

If appropriate corrective action has not been effected within 90 days of written notification, the Township may commence legal action as provided in § 164-25.2G and H below.

Nonconforming lighting.

Any lighting fixture or lighting installation legally installed and operative before the date of adoption of this section shall be considered a lawful preexisting, nonconforming use, subject to the following:

Nonconforming lighting shall not be changed to any other nonconforming lighting, structurally altered, altered in any way that increases its degree of nonconformance, or expanded or extended in scope.

Unless minor corrective action, such as re-aiming or shielding, is determined by the Township to be an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this section when:

It is identified by the Township as creating a safety hazard.

A fixture is added or replaced with another fixture or fixtures, abandoned or relocated.

There is a change in use.

Violations and penalties.

Any person who violates or permits a violation of this section shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $500 plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this section. No judgment shall commence or be imposed, levied or payable until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense.

The appropriate officers or agents of the Township are hereby authorized to seek legal and/or equitable relief, including injunction, to enforce compliance with this section.

Abatement of nuisances.

In addition to any other remedies provided in this section, any violation of § 164-25.2F hereof may constitute a nuisance and may be abated by the Township by either seeking mitigation of nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.

§ 164-25.3 Environmental performance standards.

In addition to meeting any laws and regulations of the United States Environmental Protection Agency and the Pennsylvania Department of Environmental Protection and other applicable federal, state or county regulations, all existing or proposed uses in the Township shall meet the following environmental performance standards:

Emission of air pollution. All uses shall comply with the Federal Clean Air Act; the Pennsylvania Air Pollution Control Act, 35 P.S. §§ 4001 through 4015, as amended; all other appropriate state and federal regulations; and the following standards:

Smoke. Visible air contaminants shall not be emitted in such a manner that the emissions have a measured opacity equal to or greater than 10% (10% loss of visibility) for a period or periods aggregating more than three minutes in any one hour; or equal to or greater than 30% (30% loss of visibility) at any time; and shall comply with PA Code Title 25, Chapter 127.A(7) or its most recent update.

Particulate, vaporous and gaseous emissions. No emission shall be made which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point.

Noise.

Objectionable noises, due to sound pressure level, intermittence, beat frequency or shrillness, shall be muffled so as not to become a nuisance to adjacent uses.

A sound level meter that meets the standards of the American National Standards Institute must be used to determine whether the level of noise violates this section.

At no point on the lot boundary of a nonresidential use shall the sound pressure level of any use or operation exceed the described levels in the designated octave bands shown below, except for alarm systems designed to protect persons or property:

Along Boundaries with Residential Districts or Uses, between 7:00 a.m. and 10:00 p.m.; Maximum Permitted Sound Pressure Level (decibels, dBA scale)	Along Boundaries with Residential Districts or Uses, between 10:00 p.m. and 7:00 a.m.; Maximum Permitted Sound Pressure Level (decibels, dBA scale)	Along All Other Boundaries; Maximum Permitted Sound Pressure Level (decibels, dBA scale)
60	50	65

Emission of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.

Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.

Vibration. No vibration which is discernible to the human sense of feeling shall be perceptible at any point beyond the lot boundary lines.

Electrical interference. No use, activity or process shall be conducted which produces electric and/or magnetic fields which adversely affect public health, safety and welfare, including but not limited to interference with normal radio, telephone or television reception from off the premises where the activity is conducted.

Radioactivity. There shall be no activities which emit uncontrolled, dangerous or harmful radioactivity.

Electrical, diesel, gas or other power. Every use requiring power shall be so operated that substations, storage tanks, etc., shall conform to the most acceptable safety requirements recognized by the Pennsylvania Department of Labor and Industry or Department of Environmental Protection. Substations shall be so constructed and installed so as to be an integral part of the architectural features of the plant or, if visible from abutting residential properties, shall be concealed by coniferous planting.

Industrial sewage or waste. No use shall be conducted in such a way as to discharge any treated or untreated industrial sewage except as shall be approved by the Pennsylvania Department of Environmental Protection or the Montgomery County Health Department; nor shall industrial wastes be stored, discharged, incinerated or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes.

§ 164-25.4 Garage/yard sales.

Garage/yard sales shall be permitted on residential properties in Lower Salford, subject to the following regulations:

A maximum of four garage/yard sales shall be permitted per residential property per calendar year.

No garage/yard sales shall be permitted at residential properties which have had a previous garage/yard sale during the previous 60 days.

Garage/yard sales shall last a maximum of three consecutive days.

Garage/yard sales shall only be conducted between sunrise and sunset of any given day.

Only household articles and personal possessions incidentally accumulated by the owner or occupant of the residence shall be sold at garage/yard sales. No sale of food, beverages, titled personal property such as cars and boats, new or other merchandise offered for resale, articles or possessions brought to the premises by nonresidents of the property or industrial or commercial equipment shall be permitted at garage/yard sales. Groups of neighbors within a block may combine their belongings into one garage/yard sale, provided that all participating neighbors are listed on the application.

§ 164-25.5 Municipal exemption.

Municipal uses, which are uses owned by, run by or subsidized by Lower Salford Township, such as Township buildings, sewage plants, police stations, maintenance garages and facilities, fire stations, ambulance stations, parks, playgrounds, athletic facilities, trails, utility buildings, etc., shall be permitted in all zoning districts and shall be exempt from all zoning regulations, including the dimensional regulations of the zoning district in which the use is located.

§ 164-25.6 Conservation easements and deed restrictions.

Regardless of subsequent amendments to this chapter or Ch. 142, Subdivision and Land Development, no further subdivision or land development, including construction of single-family detached homes, shall be permitted on portions of a property which have been restricted from subdivision, land development or construction of one single-family detached home through a deed restriction, conservation easement or restrictive covenant. Land development of open space required by this chapter shall not be permitted, except for development done for Township, county or state parkland purposes.

§ 164-25.7 Labor and industry approval.

All nonresidential development shall have valid Pennsylvania Department of Labor and Industry approval.

§ 164-25.8 Setback from utility corridors.

All structures shall be set back at least 50 feet from the edge of rights-of-way for high-voltage electric transmission lines and bulk-distribution pipelines.[1]