This article provides general requirements which
apply to all uses in all districts. Their application enhances the
quality of the land use and development and mitigates the adverse
effects the land use and development may have on the environment and
surrounding land uses.
A.
Every principal building or structure shall be built on a lot abutting a street improved to meet municipality standards or for which such improvements have been insured by the posting of a performance guaranty pursuant to Chapter 145, Subdivision and Land Development. Private improved roads shall satisfy the requirements of this section if they are approved as private roads on a subdivision plan approved by the Township or are paper streets improved as required by Ordinance 91-5[1] or Chapter 145 or amendments thereto.
[1]
Editor’s Note: Ordinance No. 91-5 was repealed 7-15-2009
by Ord. No. 2009-05.
B.
Unless specifically allowed by other portions of the
chapter, all yards shall remain unoccupied and unobstructed by any
structure or use, or portion of a structure or use, except for lamp
posts, access driveway, mail boxes, sidewalk, utility lines or such
incidental items as may be agreed to by the Township Council during
a site plan or land development plan review.
C.
The yard or other open space provided for any building
or structure for the purpose of complying with the provisions of this
chapter shall not be considered as providing a yard or open space
for any other building or structure, except where specifically permitted.
D.
Regardless of the form of ownership, not more than
one building or structure housing a single permitted principal use
may be erected on a single lot, except in the case of the following:
land developments containing detached buildings for multiple-family
dwellings or a church, college, government or governmental authority
facility, extended care facility, public utility, commercial communications
facility, shopping center, or office or laboratory of industrial facilities.
The above exceptions must comply with all other provisions of this
chapter. This provision does not allow for any reduction in lot area
or any increase in density or impervious surface or building coverage.
[Amended 2-17-2016 by Ord. No. 2016-01; 11-16-2016 by Ord. No. 2016-06]
A.
Where a street or highway has a required right-of-way greater than that existing, the required yard front of a lot shall be measured from the required right-of-way line (see § 180-98F).
B.
In a residential zoning district where existing lots
comprising 75% or more of the frontage on the same side of the street
between two intersecting streets are developed with buildings whose
front yards are less than that required for the particular zoning
district, the average of such front yards shall establish the minimum
front yard depth for the remainder of the frontage, except that no
building or structure shall be permitted in the road required right-of-way.
C.
In the case of reversed frontage and/or corner lots,
a front yard of the required depth shall be provided on all the streets.
D.
In the case of corner lots, the applicant shall select
one nonroad lot line as a rear lot line and shall establish the rear
yard and side yard based on that selection.
E.
Surface parking areas and/or structures, excluding
access driveways, shall be subject to required setbacks of the zone
wherein the facility is located.
F.
No driveway or driveway turnaround shall be located
within five feet of a property line except where the driveway crosses
the right-of-way to enter a public street, unless one common driveway
serves two adjacent lots.
G.
The width (chord distance) between side lot lines
at their foremost points (where they intersect with the street right-of-way
line) shall be not less than:
H.
Visibility at intersections. On a corner lot in any
district, nothing shall be erected, placed, planted or allowed to
grow in such a manner as materially to impede vision between the height
of 2 1/2 feet and 10 feet above the center-line grades of the intersecting
streets in the area bounded by the triangular area, determined by
the intersecting street center lines and a diagonal connecting two
points, one at each street center line, each of which points is 75
feet from the intersection of such street center line.
A.
No building or structure shall exceed the maximum
height of buildings specified in the appropriate zoning district,
except as allowed in other portions of this chapter.
B.
Height shall be measured as the vertical distance
derived from the average finished grade at the foundation corners
of the building or structure to the highest point of the building
or structure, excluding a chimney or other similar structure.
C.
The height restrictions in the lot, yard and building
regulations do not apply to spires, cupolas, chimneys, satellite dishes,
antennas, water tanks, elevator housing, ventilators, windmills or
other structures placed above floor level not intended for human occupancy
if the total horizontal area of all these projections for a building
or structure does not exceed 25% of the horizontal coverage area of
the building or structure.
D.
No building or structure, or part thereof, or antenna
on a building or structure shall exceed the height of 200 feet.
Where possible, adequate public water and sewage
shall be extended to service new structures and uses. However, in
the areas of Lower Saucon Township where this is not possible, the
following regulations shall apply:
A.
On-lot water and sanitary sewer. This article provides
the minimum lot area requirements applicable to all districts if public
water and/or public sanitary sewer is not provided. If the provisions
of this section conflict with other sections of this chapter or other
ordinances of the Township, the most restrictive regulation shall
be applicable.
(1)
Forty thousand square feet minimum. Where sanitary
sewer disposal is provided by standard trench, seepage bed and subsurface
sand filter on-lot disposal facilities as defined by the Pennsylvania
Department of Environmental Protection, the following minimum lot
requirements are applicable: area shall be 40,000 square feet per
equivalent dwelling unit.
(2)
Two acres minimum. A two-acre minimum lot size shall
be required per dwelling unit or per equivalent dwelling unit where
sanitary sewer disposal is provided by on-lot disposal facilities
in which one of the following conditions for the primary or alternate
area are met:
[Amended 4-6-2005 by Ord. No. 2005-01]
(a)
The soil profile evaluation determines the presence
of a limiting zone ranging in depth from 20 inches to 60 inches.
(b)
The percolation rates range between three to
six minutes per inch or 90 to 180 minutes per inch.
(c)
The site conditions are such that a standard
in-ground septic system may not be designed to meet the requirements
of Chapter 73, Sections 73.52 and 73.53, of the Department of Environmental
Protection.
(d)
The site conditions are such that they require on-lot disposal system(s) other than those listed in § 180-94A(1) above.
(3)
Thirty thousand square feet minimum. Where public
sanitary sewer disposal is provided but on-lot water supply is provided,
the following lot requirements are applicable: area shall be 30,000
square feet per equivalent dwelling unit.
(4)
For all proposed uses, conversion of use and expansion
of use, the applicant shall provide a sewer permit issued by the Township
Sewage Enforcement Officer for the proposed use, conversion or expansion.
(5)
For all proposed uses, conversion of use and expansion
of use, the applicant shall provide a certification from a registered
professional engineer experienced in groundwater hydrology that the
on-lot well provides an adequate quantity and quality of water in
accordance with Department of Environmental Protection standards,
except for single-family detached buildings.
B.
Public water and sanitary sewer.
(1)
Water and/or sanitary sewer facilities proposed for
use by more than one lot shall be offered for dedication to the Township.
The Township shall have the final option to accept or reject dedication.
If these facilities are not dedicated to the Township, provisions,
to the satisfaction of the Township, shall be made for perpetual ownership
and maintenance of said facilities.
(2)
The developer shall provide evidence that adequate
capacity of water and sanitary sewage treatment are available and
that this sanitary sewage can be treated to acceptable Department
of Environmental Protection standards. Said evidence shall take the
form of either:
[Amended 4-6-2005 by Ord. No. 2005-01]
A.
General.
(1)
The purpose of this section is to protect and preserve
the environment and character of the Township through the preservation
of natural resources, including but not limited to wetlands, floodplains,
floodplain soils, woodlands, steep slopes, rock outcrops, lakes, ponds,
streams, riparian corridors and areas underlain with carbonate geology.
(2)
All applicants for any subdivision, land development,
site plan and/or building permit shall be required to submit a plan
which clearly delineates all natural resources, as defined by this
chapter, which exist on the parcel to be developed, subdivided or
built upon.
(a)
For any subdivision or development of a parcel
equal to or greater than five acres in area, an aerial photo showing
features within 1,000 feet of the parcel shall also be submitted.
(3)
Natural resource identification and preservation standards.
(a)
The natural resource restrictions herein shall
apply to all uses.
(b)
It shall be considered a violation of this chapter
for woodland removal or earthmoving to be conducted on any site without
the receipt of a zoning permit prior to the commencement of these
activities. Additionally, it shall be considered a violation of this
chapter for an applicant to remove vegetation, regrade, or alter the
site in any way in order to circumvent the requirements of this chapter.
(c)
This chapter shall not prohibit land management
practices which are intended to ecologically improve any wetland,
woodland, stream, lake or pond, provided that all necessary permits
have been obtained from the Pennsylvania Department of Environmental
Protection and all other applicable governing bodies.
(4)
Site plan review, as described in § 180-102 of this chapter, shall be required for all proposed buildings, structures or uses of the property, whether or not such buildings, structures or uses are proposed within areas enumerated below. The site plan required for a single-family detached dwelling and/or associated accessory uses shall be subject to Zoning Officer review and approval but exempt from Planning Commission and Township Council review and approval. Permit applications involving excavations less than or equal to three feet below the ground surface for the purpose of installing fences, sidewalks, driveways, parking lots, decks, patios, aboveground pools, sheds and similar incidental structures shall be exempt from the requirements of the Carbonate Geology Area regulations of this chapter.
B.
Natural resources and protection rates.
(1)
The applicant for a subdivision, land development
and/or building permit shall be required to identify all natural resources
on a lot when submitting an application for a subdivision, land development
and/or building permit. This inventory shall include the following
resources: floodplains, floodplain soils, wetlands, waters of the
United States, waters of the commonwealth, all other perennial and
intermittent streams, lakes and ponds, riparian, wetland, lake and
pond buffers, steep slopes, rock outcrops, woodlands, environmentally
sensitive woodlands, Carbonate Geology Areas and Watershed Protection
Areas.
[Amended 12-20-2006 by Ord. No. 2006-10]
(2)
Maps and accompanying calculations shall be submitted with the site plan required in § 180-95A(4) and shall include the following:
(a)
All encroachments and disturbances necessary
to establish the proposed use on the site.
(b)
Calculations which indicate the area of the
site with natural resources; the area of natural resources that would
be disturbed or encroached upon; and the area of the site which must
be left undisturbed to protect resources under this section.
(3)
Floodplains.
(a)
Floodplains shall be any area meeting one or
more of the following criteria:
[1]
A relatively flat or low land area adjoining
a river, stream or watercourse which is subject to partial or complete
inundation.
[2]
An area subject to the unusual and rapid accumulation
or runoff of surface waters from any source.
[3]
Floodplains shall include all lands within the
one-hundred-year floodplain as defined by the Federal Emergency Management
Agency in the most current Flood Insurance Rate Maps.
[4]
Land identified as floodplain on the Township
Zoning Map as the Floodplain District.
(b)
Floodplains shall have a protection rate of
100%. No structures, filling, piping or regrading shall be permitted
within any floodplain, unless noted below.
(c)
No building intended for human or animal habitation
shall be located in such a way that the ground adjacent to the building
is less than 1 1/2 feet above the one-hundred-year-flood level of
a floodplain.
(d)
No on-lot sewage system drain field shall be
located in or within 50 feet of a floodplain.
(e)
The site plan shall show the elevation and limits
of all identified floodplains with supporting calculation and hydrogeologic
studies to indicate how the limits of the floodplain were identified.
The site plan shall also show all existing and proposed grades, limits
of disturbance and all soil erosion control and stabilization details
proposed.
(f)
The applicant shall direct development away
from the floodplain and shall, wherever possible, leave those areas
in their natural condition.
(g)
The site plan and supporting data shall be prepared
by an engineer or geologist skilled in the field.
(h)
Nonassumption of liability.
[1]
In floodplains, alteration, development or use
of land may be hazardous with respect to health, safety and welfare
and/or property damage. The public is hereby notified that the Township,
Township employees and Township consultants undertake no responsibility
for loss of property or life or personal injury due to floods, even
if all regulations and ordinances of the Township are followed.
[2]
It is also noted that local conditions can cause
flooding and inundation of land and buildings with stormwater and
can cause groundwater and spring-related problems outside of any area
designated as a floodplain. The applicant and property owner should
always make independent investigations of these matters prior to using
his land or constructing any building or structure.
(4)
Floodplain soils.
(a)
Floodplain soils shall be one or any combination
of soils classified as having major hydric components by the Soil
Survey of Northampton County. These shall include, but not be limited
to, the following:
|
Symbol
|
Soil Name
| |
|---|---|---|
|
AnA
|
Andover gravely loam
| |
|
AnB
|
Andover gravely loam
| |
|
AoB
|
Andover extremely stony silt loam
| |
|
BaB
|
Baile silt loam, neutral variant
| |
|
BeB
|
Baile extremely stony silt loam
| |
|
BtA
|
Brinkerton silt loam
| |
|
BtB
|
Brinkerton silt loam
| |
|
ChA
|
Chippewa silt loam
| |
|
ChB
|
Chippewa silt loam
| |
|
CkB
|
Chippewa extremely stony silt loam
| |
|
Ha
|
Halsey silt loam
| |
|
Ho
|
Holly silt loam
| |
|
Mu
|
Muck
|
(b)
Floodplain soils shall have a protection rate
of 100%. No structures, filling, piping or regrading shall be permitted
within any area of floodplain soils.
(5)
Wetlands, waters of the United States, waters of the
commonwealth, perennial and intermittent watercourses.
[Amended 12-20-2006 by Ord. No. 2006-10]
(a)
Wetlands, waters of the United States, waters
of the commonwealth, perennial and intermittent watercourses shall
include all areas defined as such by this chapter.
(b)
Wetlands, waters of the United States, waters
of the commonwealth, perennial and intermittent watercourses shall
have a protection rate of 100%. No structures, filling, piping or
regrading shall be permitted within any of these areas.
(7)
Riparian buffers.
(a)
Riparian buffers shall include all areas located
within 100 feet of any waters of the United States, waters of the
commonwealth, perennial or intermittent watercourse. These areas shall
be utilized to protect the quality of bodies of water.
[Amended 12-20-2006 by Ord. No. 2006-10]
(b)
Riparian, wetland and shoreline buffers shall
have a protection rate of 85%.
(8)
Lakes and ponds.
(a)
Lakes and ponds shall include all natural or
artificial bodies of water which retain water year round or on a seasonal
or intermittent basis. The shorelines of such water bodies shall be
measured from the high water level. A body of water which is two or
more acres in extent shall be considered a lake, while a body of water
which is less than two acres in extent shall be considered a pond.
(b)
Lakes and ponds shall have a protection rate
of 100%. No structures, filling, piping or regrading shall be permitted
within any of these areas.
(9)
Lake and pond buffers.
(a)
Lake and pond buffers shall consist of the area
within 50 feet of the high water level of any lake or pond. These
areas shall be utilized to protect the quality of bodies of water
by preserving the natural features around them, which are a part of
their natural ecosystems.
(b)
Lake and pond buffers shall have a protection
rate of 85%.
(10)
The following uses are permitted by conditional
use within a riparian area or buffer associated with a wetland, waters
of the United States, waters of the commonwealth, perennial or intermittent
watercourse, lake, or pond.
[Amended 9-15-2010 by Ord. No. 2010-05]
(a)
New agricultural uses in compliance with methods prescribed by Chapter
102.4(b) of Title 25 of the Pennsylvania Administrative Code.
(b)
Crossing by farm vehicles and livestock, roads, driveways, railroads,
centralized sewer and/or water lines, pedestrian trails, and public
utility transmission lines.
(c)
Centralized sewer and/or water lines and public utility transmission
lines running along the riparian area.
(e)
Passive use areas such as camps, campgrounds, and picnic areas; active
recreation areas such as ballfields, playgrounds, and courts; provided
these uses are designed in a manner that will not permit concentrated
flow.
(10.1)
Erosion control, riparian area protection
and/or management activities, and forestry operations shall be permitted
by right within a riparian area, provided that all necessary permits
have been obtained from the Pennsylvania Department of Environmental
Protection and all other applicable governing bodies.
[Added 9-15-2010 by Ord. No. 2010-05; amended 7-17-2019 by Ord. No. 2019-04]
(11)
The following uses are specifically prohibited within a riparian
area or buffer associated with a wetland, waters of the United States,
waters of the commonwealth, perennial or intermittent watercourse,
lake, or pond.
[Amended 9-15-2010 by Ord. No. 2010-05]
(a)
Removal or disturbance of vegetation in a manner that is inconsistent
with erosion control and riparian area protection and/or management
activities, unless associated with the following:
(b)
Storage of any hazardous or noxious materials.
(c)
Use of fertilizers, pesticides, herbicides and/or other chemicals
in excess of prescribed industry standards or the recommendation of
the Northampton County Conservation District.
(d)
Motorized traffic from equipment or vehicles in any area unless associated
with the following:
(e)
Parking lots, the parking or storage of trailers (with a gross weight
rating exceeding 1,000 pounds), and the parking or storage of any
motorized vehicles. For purposes of this section, parking or storage
shall be defined as the keeping or placing of the above noted trailers
and/or motorized vehicles within any portion of a riparian area for
greater than six hours, whether in one location or in multiple locations
within any riparian area on a property. The time constraints noted
above shall not apply to trailers being utilized as part of normal
routine maintenance of the riparian area; in which case, such trailers
shall not be permitted within the riparian area for more than five
consecutive days (120 hours).
(f)
On-lot sewage disposal, absorption or sprayfield areas.
(g)
Sod farming.
(h)
Excavating, grading, filling, piping, diverting, dredging, or building;
unless associated with a use permitted within a riparian area and
a permit has first been obtained from the Township.
(i)
Planting of non-native vegetation.
(j)
The storage or disposal of materials used for snow or ice control
including sand, cinders, salt, and other deicing chemicals/materials.
(12)
Any person, partnership, or corporation will be required to restore and stabilize any unauthorized activity in the riparian area to the satisfaction of the Township and in accordance with the planting requirements in Zoning and § 180-95B(12.1)(a), (b), (c) and (d).
[Amended 9-15-2010 by Ord. No. 2010-05]
(12.1)
Revegetation of riparian area. In cases where a major
subdivision or land development is proposed or an unauthorized activity
has occurred, replanting of the riparian area shall be required where
there is little or no existing vegetation. Native vegetation approved
by the Township shall be used in replanting efforts and shall include
herbaceous plants that serve as ground cover, understory trees and
shrubs, and trees that form an overhead canopy. The re-vegetation
plan shall be prepared by a qualified professional and shall comply
with the following minimum requirements, unless modified by Township
Council upon recommendation of the Planning Commission:
[Added 9-15-2010 by Ord. No. 2010-05]
(a)
Ground cover. Ground cover consisting of native seed mixes and/or
plants must be provided along the portion(s) of the riparian area
where little or no riparian vegetation exists. The ground cover plantings
shall be planted within the first 25 feet from the edge of the wetland,
waters of the United States, waters of the commonwealth, perennial
or intermittent watercourse, lake, or pond and shall be designated
on the plan as a "no-mow zone" that shall be left as natural cover
except in accordance with the maintenance instructions stated on the
approved plan.
(b)
Trees and shrubs. These planting layers include trees that form an
overhead canopy with understory vegetation. These plants shall be
planted in an informal manner clustered within the first 25 feet from
the edge of the wetland, waters of the United States, waters of the
commonwealth, perennial or intermittent watercourse, lake, or pond.
These plants shall be provided at a rate of at least one canopy tree,
one understory tree, and three shrubs for every 20 linear feet, as
measured along a line 25 feet from the edge of and parallel to the
wetland, waters of the United States, waters of the commonwealth,
perennial or intermittent watercourse, lake, or pond.
(c)
Exceptions. These planting requirements shall not apply to existing
farm fields located within a riparian area.
(d)
Revegetation plans are subject to review by the Township in accordance
with the Lower Saucon Township Fee Schedule.
(13)
Steep slopes.
(a)
Steep slopes shall include areas of 3,000 square
feet or greater where the slope exceeds 8%.
(b)
Steep slopes with a grade of 8% to 15% shall
have a protection rate of 60%.
[Amended 8-17-2005 by Ord. No. 2005-07]
(c)
Steep slopes with a grade of 15% to 25% shall
have a protection rate of 70%.
[Amended 8-17-2005 by Ord. No. 2005-07]
(d)
Steep slopes with a grade of greater than 25%
shall have a protection rate of 85%.
(14)
Rock outcrops.
(a)
Rock outcrops shall include all areas where
a portion of bedrock parent material is exposed to the surface of
the ground for an area in excess of 2,000 square feet.
(15)
Woodlands.
(a)
Woodlands shall include all areas of 3,000 square
feet or greater which contain an average of one or more trees measuring
six inches in caliper or greater, per 1,000 square feet. All associated
layers of growth, including, but not limited to, the canopy, understory
and floor, shall be considered as part of the woodland and shall be
so protected by the woodland protection rate.
(b)
Alien, invasive or other species which are deemed
to be harmful to the local ecosystem may be permitted to be removed
upon inspection by a qualified representative of the Township.
(c)
In emergency situations where any tree is in
such a position or condition that it constitutes a danger to the health,
safety or welfare of persons, structures, neighboring property, the
property on which it is located, or to the public, the applicant may
be permitted to cut down or remove this tree in excess of the typical
woodland protection rate. However, the applicant shall apply for the
appropriate permits within three business days after the tree removal.
(d)
Woodlands shall have a protection rate of 80%.
No more than 20% of areas of woodlands shall be cleared, thinned or
regraded.
(e)
No live tree with a girth greater than six inches
in caliper measured at a point four feet above grade shall be removed
in conjunction with a land development or building permit unless a
zoning permit for a specific number of trees in a specific location
is first obtained from the Municipal Zoning Officer.
[Amended 8-17-2005 by Ord. No. 2005-07]
(16)
Environmentally sensitive woodlands.
(a)
Environmentally sensitive woodlands shall include
areas of woodlands which coexist with other protected natural resources,
including but not limited to floodplains, floodplain soils, steep
slopes, lake and pond buffers, riparian buffers and wetland buffers.
(b)
Alien, invasive or other species which are deemed
to be harmful to the local ecosystem may be permitted to be removed
upon inspection by a qualified representative of the Township.
(c)
In emergency situations where any tree is in
such a position or condition that it constitutes a danger to the health,
safety or welfare of persons, structures, neighboring property, the
property on which it is located, or to the public, the applicant may
be permitted to cut down or remove this tree in excess of the typical
woodland protection rate. However, the applicant shall apply for the
appropriate permits within three business days after the tree removal.
(d)
Environmentally sensitive woodlands shall have
a protection rate of 85%. No more than 15% of areas of environmentally
sensitive woodlands shall be cleared, thinned or regraded.
(e)
No live tree with a girth greater than six inches
in caliper measured at a point four feet above grade shall be removed
in conjunction with a land development or building permit unless a
zoning permit for a specific number of trees in a specific location
is first obtained from the Municipal Zoning Officer.
[Amended 8-17-2005 by Ord. No. 2005-07]
(17)
Carbonate Geology Areas.
(a)
Purpose. Areas within the Township are underlain
by carbonate bedrock, such as limestone and dolomite. Such areas may
have conduit drainage developed beneath them by dissolution of the
rock, a process called "karstification." Because of this, such areas
are susceptible to surface collapse and subsidence caused by physical
and chemical erosion of soil and bedrock. These areas are especially
susceptible to contamination of groundwater through the movement of
solid and liquid wastes, contaminated surface water, septic tank effluent
or other hazardous substances in fractures, solution openings and
fissures within the rock, which may lead to groundwater supplies.
It is the intent of this regulation to minimize the harmful aspects
of development within the carbonate rock areas through site planning
and other risk-reduction measures.
(b)
District identification.
[1]
The district shall be any area identified upon
the Township Zoning Map[2] as a Carbonate Geology Area. The designated carbonate areas were derived from Open File Report 8702, entitled "Sinkholes and Karst Related Features of Northampton County, Pennsylvania" by William E. Kochanov, Commonwealth of Pennsylvania, Department of Environmental Protection, Bureau of Topographic and Geologic Survey. This district is an overlay district, as it can exist in all or portions of the primary land use districts established by Article III of this chapter.
[2]
Editor's Note: Said map is on file in the
Township offices.
[2]
The delineation of geologic contacts is frequently
made by inference based upon interpretation of topographic features
or other field data in the absence of outcrops. Therefore, these requirements
shall apply to any development within 500 feet of the boundaries shown
for the Carbonate Geology Areas.
[3]
Upon receipt of proof and certification, satisfactory
to the Zoning Officer from a licensed professional geologist that
the area proposed for development is not underlain by carbonate geology,
this carbonate geology section of the Code does not apply. However,
if it is determined that carbonate rocks do underlie an area shown
as noncarbonate on the Zoning Map, these requirements must be applied.
(c)
Specific carbonate geologic area regulations.
The following specific requirements shall apply to all uses in the
carbonate geologic areas, and these requirements shall be in addition
to all requirements imposed by any other section of this chapter:
[1]
No on-lot sewer system drainfield, no underground
propane tanks and no stormwater control basin shall be placed in or
over sinkholes, closed depressions, lineaments, fracture traces, caverns,
ghost lakes or disappearing streams.
[2]
On-lot sewer system drainfields, underground
propane tanks and stormwater control basins shall be located no closer
than 100 feet to the rim of sinkholes, closed depressions and disappearing
streams and no closer than 50 feet to lineaments, fracture traces
or surface or subsurface pinnacles.
[3]
Outflow from a stormwater control basin and
stormwater flow generated as a result of development shall not empty
into or be directed to any of the following carbonate features: sinkholes,
closed depressions, lineaments, fracture traces, caverns, ghost lakes
and disappearing streams.
[4]
No habitable dwelling or principal nonresidential
building or structure or nonresidential accessory building or structure
shall be located any closer than 100 feet to the rim of sinkholes
or closed depressions or 100 feet to ghost lakes, lineaments, fracture
traces or disappearing streams unless a detailed surface and subsurface
investigation has been performed and procedures provided to mitigate
any threat of the feature(s) on groundwater quality and stability
of surface and subsurface structures to the satisfaction of the Township.
The investigation must be performed by a licensed professional geologist.
[5]
All underground water, sewer, stormwater lines
and stormwater control basins shall be lined with an impervious liner.
Mortar joint and metal-banded storm sewer piping is prohibited.
[6]
No toxic and hazardous substances shall be located
closer than 100 feet to the rim of a sinkhole or 100 feet to ghost
lakes, lineaments, fracture traces, disappearing streams, closed depressions,
caverns, surface or subsurface pinnacles.
[7]
All provisions of § 180-96G regarding storage of toxic and hazardous wastes must be complied with.
[8]
Underground storage tanks shall not be permitted
in this district, except for septic tanks for on-lot sewage disposal
systems, propane tanks, and water storage tanks with less than 2,000
gallons' capacity.
[9]
Wherever possible, public sewers should be provided
for all buildings and/or land uses requiring sewage facilities. If
public sewers are not available, the applicant must provide a primary
on-lot sewage system drainfield and an area for a secondary or replacement
drainfield meeting the requirements of this chapter and any other
applicable state or local regulations.
[10]
Additional information.
[a]
In addition to the standard requirements
for site plan submission, the following additional information is
required on the site plan:
[i]
Depressions.
[ii]
Fissures, lineaments, faults or
fracture traces.
[iii]
Ghost lakes.
[iv]
Outcrops of bedrock.
[v]
Seasonal high water tables.
[vi]
Sinkholes and previously filled
sinkholes.
[vii]
Soil mottling, on aerial photographs,
as an indication of shallow weathered pinnacles.
[viii]
Springs.
[ix]
Surface drainage entering the
ground.
[x]
Caverns.
[xi]
Disappearing lakes.
[xii]
Disappearing streams.
[xiii]
Surface or subsurface pinnacles.
[xiv]
Calcareous fens.
[b]
Such information must be provided
by a licensed professional geologist.
[c]
Such information must be based
upon field surveys and published data which shall be supported by
an explanation of its source, including the qualifications of the
individuals directly responsible for preparing such information.
[11]
The applicant shall furnish a
map indicating existing and proposed grading and drainage conditions,
the locations of all proposed primary and secondary private and public
sewage disposal systems and the locations of existing private and
public water supplies on adjoining properties (if any).
[12]
Landfills shall not be permitted
in this district.
[13]
Disposal of domestic, agricultural
or industrial waste shall not be permitted in sinkholes or closed
depressions.
(d)
Nonassumption of liability.
[1]
In Carbonate Geology Areas, alteration, development
or use of land may be hazardous with respect to foundation safety
of structures, the creation of unstable land as a result of changes
in drainage and the contamination of groundwater and surface water.
Within the limitations of the information available at the time of
review on individual applications, the Township shall attempt to make
reasonable judgments as to the applicant's rights and responsibilities
in this Carbonate Geology Area. All applicants and property owners
are hereby notified that the Township, Township employees and Township
consultants undertake no responsibility of property or life or personal
injury due to carbonate geology conditions, even if applicants or
property owners strictly observe all Township ordinances.
[2]
It is also noted that local conditions can cause
sinkholes and subsidence of ground in areas outside Carbonate Geology
Areas and/or in areas of carbonate geology not designated as a sinkhole
or hazardous area during site plan presentation or review. The applicant
and property owner should always make independent investigations of
these matters prior to using this land or construction of a building
or structure.
(e)
Appearance of geologic hazards after site plan
approval. In certain cases, a specific geologic hazard, such as sinkholes,
caves, etc., will not be identified during the site plan preparation
or review but will be encountered and uncovered after site plan approval
or during or after construction. In those cases, the applicant and/or
landowner shall follow the procedures outlined below:
[1]
Repair and maintain repair of the hazard in
such a way as to prevent or minimize damage to building, structure,
utility, driveway, parking area, roadway and other site improvements
in such a way as to minimize pollution of the groundwater.
[2]
Repair and maintain repair of any damage to
improvements and restore ground cover and landscaping.
[3]
Report occurrence of hazard and method of repair
to the Zoning Officer within 14 days of the occurrence. It is recognized
that repairs may have to be undertaken on an emergency basis, so in
that event, repairs may begin without a zoning permit as long as repairs
and restorations are made in compliance with prior approved site plans
or zoning permits.
[4]
In those cases where the hazard cannot be repaired in such a way as to maintain the integrity of the original approved site plan, the applicant and/or property owner shall apply for a site plan amendment using the procedures for site plan submissions (see § 180-102). During review and approval of such a site plan amendment, the Planning Commission and Zoning Officer shall recognize that the newly identified geologic hazard may have produced nonconformities to this chapter which may not reasonably be brought into conformity. The Planning Commission and Zoning Officer may allow the continuation of these nonconformities even if such nonconforming features have not been actually constructed. However, the applicant and/or landowner shall try to reduce or eliminate nonconforming features during the preparation of the site plan amendment.
[5]
In all cases, however, if a sinkhole appears
after site plan approval but before final inspection and approval
of an on-lot sewer disposal system and such sinkhole is within 100
feet of the drainfield, the drainfield shall be relocated to meet
Department of Environmental Protection requirements. The Township
Sewage Enforcement Officer shall make all determinations on this matter
as it is regulated by state regulations and other Township ordinances.
(18)
Watershed Protection Areas.
(a)
Purpose. The purpose of this subsection is to
protect the public health, safety and welfare through the preservation
of the municipality's major water resources to ensure a future supply
of safe and healthful drinking water for the municipality, local residents
and employees, and the general public.
(b)
Applicability. This subsection shall only apply
to those areas of the Township which are located within a Watershed
Protection Area as delineated on the Zoning Map.[3] This subsection regulates the following land uses, physical
facilities and activities which have the potential to contaminate
groundwater:
[1]
Light industry.
[2]
Agricultural operations.
[3]
Sewage disposal.
[4]
Manufacturing.
[5]
Injection wells.
[6]
Storage tanks: underground and aboveground.
[7]
Disposal facilities: solid waste, dump sites.
[8]
Sewage sludge land application.
[9]
Subdivisions.
[10]
Land development.
[3]
Editor's Note: Said map is on file in the
Township offices.
(c)
Watershed protection requirements.
[1]
General requirements. No land use, physical facilities or activity specified in Subsection B(18)(b) shall occur within a Watershed Protection Area, except in strict conformance with the provisions of this subsection.
[2]
Watershed Protection Areas.
[a]
Mapping of Watershed Protection
Area.
[i]
In order to implement the provisions
of this subsection, Watershed Protection Areas surrounding protected
public water supplies are hereby established. The boundaries of the
Watershed Protection Areas are shown on the Township Zoning Map.[4]
[4]
Editor's Note: Said plan is on file in the
Township offices.
[ii]
Should any person challenge the
boundary of Watershed Protection Areas, it shall be the responsibility
of that person to retain a recognized professional with competence
in the field to determine more accurately the precise boundary of
the disputed area. The final boundary to be used will be determined
by the Zoning Officer with assistance from the Municipal Engineer
and/or a professional hydrogeologist, as appropriate.
[b]
Prohibitions within Watershed Protection
Areas.
[i]
Except as provided for in Subsection B(18)(d), the following land uses, physical facilities and activities are prohibited:
[A]
Facilities which generate, store,
treat or dispose of hazardous material which are required to maintain
a Pollution Incident Prevention (PIP); Spill Prevention Control and
Countermeasure (SPCC); Preparedness, Prevention and Contingency (PPC);
Spill Prevention Response (SPR) or SARA Title III Off-Site Plan.
[B]
Herbicide, pesticide and fertilizer
products dealers and distributors.
[C]
Large volume subsurface sewage
disposal systems.
[D]
Large volume spray irrigation sewage
disposal systems.
[E]
Underground injection wells.
[F]
Aboveground storage tanks.
[G]
Underground storage tanks, except
those in accord with the requirements of this chapter.
[H]
Waste disposal facilities.
[I]
Land application of sewage sludge.
[J]
Facilities which dispose of hazardous
material through land surface or subsurface means, including but not
limited to Class IV injection wells and waste disposal facilities.
(d)
General regulations.
[1]
Continuation of existing land uses, physical facilities and activities. Any land use, physical facility or activity prohibited within Subsection B(18)(c) lawfully in existence within Watershed Protection Areas prior to the effective date of this subsection may continue to exist on the parcel upon which it is located so long as it remains in compliance with applicable federal, state and local regulations, including the requirements included within Subsection B(18)(e).
[2]
Existing sewage disposal problems. Notwithstanding the provisions of Subsection B(18)(c), large volume subsurface sewage disposal systems or large volume spray irrigation sewage disposal systems may be used if necessary to solve sewage disposal problems associated with existing development.
[3]
Public water supply projects. Notwithstanding the provisions of Subsection B(18)(c), public water supply projects which require the use of chemicals for disinfection or treatment or the aboveground storage and use of fuel will be allowed in all Watershed Protection Areas, subject to their approval, construction and operation in accordance with DEP regulations.
[4]
Demonstration of exemption. Notwithstanding the provisions of Subsection B(18)(c), operations and facilities will be allowed in all Watershed Protection Areas if a description sufficient to meet the requirements of Subsection B(18)(e)[2] et seq. demonstrates to the satisfaction of the Township Council that no potential for contamination will exist due to the nature of the facility and operation.
(e)
Special watershed protection provisions.
[1]
General requirements. No land use, physical facility or activity specified in Subsection B(18)(b) shall occur within Watershed Protection Areas except in strict conformance with the requirements of this subsection.
[2]
Watershed Protection Area requirements. The following land uses, physical facilities and activities, located within Watershed Protection Areas which are specifically allowed in Subsection B(18)(c) and (d) of this subsection, shall meet the following conditions:
[a]
Large volume subsurface sewage
disposal systems and large volume spray irrigation sewage disposal
systems.
[b]
Aboveground storage tanks and underground
storage tanks.
[c]
Agricultural operations.
[i]
The conservation plan prepared
according to Chapter 102 of DEP regulations must include a pesticide
management plan and a nutrient management plan.
[d]
Sewage disposal facilities.
[i]
Sewage disposal facilities must
be operated and maintained to prevent discharge of untreated or partially
treated sewage to surface or ground waters.
[ii]
On-lot sewage disposal systems
must be inspected by the Sewage Enforcement Officer (SEO), and any
necessary repairs or maintenance must be performed prior to the expansion
or conversion of the land use served.
[iii]
On-lot sewage disposal systems
must be inspected by the Sewage Enforcement Officer, and any necessary
repairs or maintenance must be performed prior to transfer of property
ownership.
[e]
Stormwater detention facilities.
[i]
The facility shall be designed
and constructed with an impermeable liner.
[f]
Inspections.
[i]
Municipal inspections.
[A]
The Township or its designee shall
be authorized to inspect the following facilities located within Watershed
Protection Areas for purposes of determining compliance with this
chapter and any federal or state permit or regulation requirements
upon direction by the governing body:
|
{1}
|
Large volume subsurface and spray irrigation
sewage disposal systems.
| |
|
{2}
|
Underground and aboveground storage tanks.
| |
|
{3}
|
Agricultural operations.
| |
|
{4}
|
Sewage disposal facilities.
| |
|
{5}
|
Stormwater detention facilities.
|
[B]
The schedule of inspections shall
be determined by the municipality for each type of facility. Inspectors
shall be responsible for reporting any violations to the municipality.
The municipality may inform DEP or EPA, as appropriate, of any possible
violations of their regulations for the purpose of follow-up actions
by those agencies.
[ii]
Inspections by the county conservation
district. The County Conservation District shall be authorized to
perform monthly inspection of the following activities located within
Watershed Protection Areas:
[iii]
Right of entry. Upon presentation
of the proper credentials and execution of release/waiver of claims,
duly authorized representatives of the municipality may enter at reasonable
times upon any property within a Watershed Protection Area to investigate
or ascertain whether the requirements of this chapter are being met.
C.
Site capacity calculations.
(1)
The purpose of this subsection is to conserve the
valuable and environmentally sensitive natural features and resources
within the Township, prevent the long-term degradation of the environment
to the common benefit of the community and to promote sound development
practices by limiting, restricting and prohibiting development from
areas of a site, parcel, tract or lot that are not appropriately suited
for development activity.
(2)
For all subdivisions, land developments and site plan reviews, the following calculations shall be submitted with the site plan required in § 180-95A(4):
(a)
Calculate base site area.
|
[1]
|
Gross site area (from property survey):
|
_____ ac.
| ||
|
[2]
|
Subtract:
| |||
|
[a]
|
Land that is not contiguous:
|
_____ ac.
| ||
|
[b]
|
Land within existing rights-of-way:
|
_____ ac.
| ||
|
[c]
|
Land within required rights-of-way of existing
streets:
|
_____ ac.
| ||
|
[d]
|
Land within easements and covenants:
|
_____ ac.
| ||
|
[3]
|
Equals base site area:
|
_____ ac.
| ||
(b)
Calculate resource restrictions and resource
protection lands within the base site area. Should two or more resources
overlap, only the resource with the highest protection ratio shall
be used.
|
Natural Resource
|
Required Reservation
|
Land in Resource
|
Resource Protection Land
| ||
|---|---|---|---|---|---|
|
Floodplains
|
100%
|
x
|
_____ ac.
|
= _____ ac.
| |
|
Floodplain soils
|
100%
|
x
|
_____ ac.
|
= _____ ac.
| |
|
Wetlands
|
100%
|
x
|
_____ ac.
|
= _____ ac.
| |
|
Waters of the U.S./ commonwealth
|
100%
|
x
|
_____ ac.
|
=_____ ac.
| |
|
Lakes/ponds
|
100%
|
x
|
_____ ac.
|
= _____ ac.
| |
|
Environmentally sensitive woodlands
|
85%
|
x
|
_____ ac.
|
=_____ ac.
| |
|
Steep slopes greater than 25%
|
85%
|
x
|
_____ ac.
|
= _____ ac.
| |
|
Rock outcrops
|
85%
|
x
|
_____ ac.
|
= _____ ac.
| |
|
Woodlands
|
80%
|
x
|
_____ ac.
|
= _____ ac.
| |
|
Steep slopes greater than 15% to 25%
|
70%
|
x
|
_____ ac.
|
= _____ ac.
| |
|
Steep slopes 8% to 15%
|
60%
|
x
|
_____ ac.
|
= _____ ac.
| |
|
Total Land in Resources
|
_____ ac.
| ||||
|
Total Resource Protection Land
|
_____ ac.
|
(c)
Calculate net buildable site area.
|
[1]
|
Base site area (from Subsection C(2)(a)[2])
|
_____ ac.
| |
|
[2]
|
Subtract total resource protection land [from Subsection C(2)(b)]
|
- _____ ac.
| |
|
[3]
|
Equals net buildable site area
|
= _____ ac.
|
(d)
Calculate maximum number of permitted dwelling
units.
|
[1]
|
Net buildable site area (from Subsection C(2)(e)[3])
|
_____ ac.
| |
|
[2]
|
Find square footage of net buildable site area
[Amended 12-20-2006 by Ord. No. 2006-10] |
x 43,560
| |
|
[3]
|
Divide by minimum allowable lot area (based
on zoning district)
|
/ _____ sf.
| |
|
[4]
|
Equals maximum permitted quantity of DUs
|
= _____ DUs
|
(e)
Calculate maximum permitted impervious surfaces.
|
[1]
|
Net buildable site area (from Subsection C(2)(e)[3])
|
_____ ac.
| |
|
[2]
|
Multiply by maximum permitted impervious surfaces
ratio (based on zoning district)
|
x _____
| |
|
[3]
|
Equals maximum permitted impervious surfaces
|
= _____ ac.
|
(f)
Site capacity calculation summary.
|
[1]
|
Base site area (from Subsection C(2)(a)[2])
|
= _____ ac.
| |
|
[2]
|
Net buildable site area (from Subsection C(2)(e)[3])
|
= _____ ac.
| |
|
[3]
|
Maximum permitted number of DUs (from Subsection
C(2)(f)[4])
|
= _____ ac.
| |
|
[4]
|
Maximum permitted impervious surfaces (from
Subsection C(2)(g)[3])
|
= _____ ac.
|
No building, structure or land use anywhere
within the Township shall be used or occupied in any manner that creates
any dangerous, injurious, noxious or otherwise objectionable condition;
fire, explosive or other hazard; noise or vibration; smoke, dust,
odor or other form of air pollution; heat, electromagnetic or other
radiation or other condition in such manner or in such amount as to
affect adversely the reasonable use or value of the surrounding area
of adjoining premises or be dangerous to public health or safety.
A.
Radioactivity. Activities which may emit radioactivity
shall comply with regulations of the Pennsylvania Department of Environmental
Protection, Division of Radiology, and the Federal Nuclear Regulatory
Commission.
B.
Heat. Activities which employ the use of heat or produce
heat as a product or by-product of said activity shall be so located
and/or buffered to prohibit a raise in temperature of 2º F. at
the lot line.
C.
Glare.
(1)
No direct glare shall be permitted, with the following
exceptions:
(a)
Parking areas and walkways may be illuminated
by luminaries so hooded or shielded that the maximum angle of the
cone of direct illumination shall be 60º drawn perpendicular
to the ground. Such luminaries shall be placed not more than 16 feet
above the ground level, and the maximum illumination at ground level
shall not be in excess of three footcandles at 30 feet, horizontally
measured, from the light source.
(b)
A luminary less than four feet above the ground
may have a cone angle of 90º.
(2)
The total of any and all direct glare and indirect
glare (produced by illuminating a reflecting surface) shall not exceed
0.3 footcandle instantaneous maximum measurement or 0.1 footcandle
average measurement at any side or rear lot line.
(3)
Deliberately induced sky-reflected glare, as by casting
a beam upward for advertising purposes, is specifically prohibited.
D.
Noise.
(1)
No person shall operate or cause to be operated on
private or public property any source of continuous sound (any sound
which is static, fluctuating or intermittent with a recurrence greater
than one time in any fifteen-second interval) in such a manner as
to create a sound level which exceeds the limits set forth for the
receiving land use category in the following table when measured at
or within the property boundary of the receiving land use.
|
Continuous Sound Levels by Receiving Land
Use
| ||||
|---|---|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBA)
| ||
|
Residential, public space, open space, agricultural
or institutional
|
1)
|
7:00 a.m. to 10:00 p.m.
|
60
| |
|
2)
|
10:00 p.m. to 7:00 a.m., plus Sundays and legal
holidays
|
50
| ||
|
Commercial or business
|
1)
|
7:00 a.m. to 10:00 p.m.
|
65
| |
|
2)
|
10:00 p.m. to 7:00 a.m., plus Sundays and legal
holidays
|
60
| ||
|
Industrial
|
At all times
|
70
| ||
(2)
For any source of sound which emits a pure tone, the
maximum sound-level limits set forth in the above table shall be reduced
by 5 dBA. For any source of sound which emits an impulsive sound (a
sound of short duration, with an abrupt onset and rapid decay and
an occurrence of not more than one time in any fifteen-second interval),
the excursions of sound-pressure level shall not exceed 20 dBA over
the ambient sound-pressure level, regardless of time of day or night
or receiving land use, using the fast meter characteristic of a Type
II meter, meeting the ANSI specifications S1.4-1971.
(3)
The maximum permissible sound level limits set forth
above shall not apply to any of the following noise sources:
(a)
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
(b)
Repair or construction work to provide electricity,
water or other public utilities within the hours of 7:00 a.m. and
9:00 p.m., except for clearly emergency repairs which are not restricted
by time.
(c)
Household power tools and lawnmowers between
the hours of 8:00 a.m. and 9:00 p.m.
(d)
Construction operations (including the occasional
use of explosives in construction) and repairs of public facilities
(including sidewalks and streets) within the hours of 7:00 a.m. and
9:00 p.m., except for clearly emergency repairs which are not restricted
by time.
(e)
Agricultural activities, including livestock.
(f)
Motor vehicles travelling on state-owned streets.
(g)
Public celebrations, specifically authorized
by the Township.
(h)
Railroads.
(i)
Unamplified human voices.
(j)
Routine ringing of bells and chimes by a place
of worship.
E.
Smoke, dust, etc. The air-pollution control regulations promulgated by the Air Pollution Control Act of January 9, 1960, P.L. 2119, as amended (35 P.S. § 4001 et seq.), shall be used to control the emissions of dust, dirt, smoke, vapors, gases and odors. (These regulations are part of Title 25, Rules and Regulations, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article III, Air Resources.)
F.
Vibration. No vibration shall be produced which is
transmitted through the ground and is discernible without the aid
of instruments at or beyond any lot line; nor shall any vibration
produced exceed 0.002 g peak at up to 50 cycles per second (cps) frequency,
measured at or beyond the lot line using either seismic or electronic
vibration-measuring equipment.
G.
Storage of hazardous and toxic substances.
(1)
The following regulations shall apply to the storage
of hazardous and toxic materials and the disposal of said materials.
Hazardous and toxic materials include but are not limited to the following:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides (including insecticides, fungicides
and rodenticides).
(r)
Radioactive substances, insofar as such substances
are not otherwise regulated.
(2)
Impoundments containing toxic substances are not permitted.
(3)
Storage and handling areas for toxic and hazardous
substances must have impermeable surfaces designed to contain material
and direct it to a predetermined collection point.
(4)
Storage and handling facilities for hazardous and
toxic substances should not be sited within 300 feet of a public or
private water supply.
(5)
Any use requiring the maintenance of a supply of more
than 110 gallons or other comparable volume of any toxic or hazardous
substances on the premises or which will involve the production, storage
or use of any amount of radioactive substance shall be inventoried,
and the inventory shall be submitted to the Township Manager. In addition,
spill contingency plans acceptable to the Township Manager, Police
Chief and fire companies shall be developed and kept on file in the
offices of the above-cited officers and agencies.
(6)
At least two groundwater monitoring devices are required
for all facilities handling toxic or hazardous substances.
(7)
Impervious liners and all-weather coverings are to
be installed at all road-deicing salt facilities.
H.
Storage of chemicals. The following regulations shall
apply to all chemicals:
(1)
No underground or subsurface storage of chemicals,
either gas, liquid or solids, shall be permitted in any district,
except for underground storage of petroleum products as regulated
by the state police and/or other state or federal regulatory agency.
(2)
No aboveground or surface storage of chemicals, either
gas, liquid or solids, in any quantity in excess of 20 cubic feet
in volume shall be stored or maintained within 300 feet of a residential
district boundary or within 300 feet of a residential dwelling, except
for the following:
(a)
Chemicals such as heating oil or propane, which
may be required for the normal heating and cooling of a building,
and fire-suppression chemicals.
(b)
Printing supplies, photographic developing chemicals,
janitorial chemicals and lawn and agricultural fertilizers in a quantity
not to exceed 40 cubic feet.
(3)
All storage and waste disposal shall conform to all
existing municipal fire prevention code and state and federal regulations.
I.
Storage of wastes.
(1)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces; nor shall any substance which can contaminate
a stream, watercourse or groundwater system or otherwise render such
stream, watercourse or groundwater undesirable as a source of water
supply or recreation or which will destroy aquatic life be allowed
to enter any streams or watercourse.
(2)
All materials or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be stored outdoors only if
enclosed in containers which are adequate to eliminate such hazards.
(3)
Storage and waste disposal facilities of commercial,
industrial, institutional or multifamily uses shall be screened.
A.
Buffer yards.
(1)
Purpose. Buffer yards enhance the environmental quality
by the separation and screening or uses of different classes.
(2)
Additional requirements.
(a)
Noncompatible abutting land uses.
[1]
Any new building, structure, land use or expansion
of existing buildings, structures or land uses shall require a buffer
yard to separate said development from noncompatible abutting land
uses, as follows:
[a]
Residential/industrial.
[b]
Residential/commercial.
[c]
Residential/office.
[d]
Residential/agricultural.
[e]
Agricultural/industrial.
[f]
Agricultural/office.
[g]
Agricultural/commercial.
[h]
Office/commercial.
[i]
Office/industrial.
[j]
Also, any other specific use as
required by this chapter.
[2]
Buffer yards shall be required at other locations
as required by this chapter.
(b)
The developer who is proposing the new development
is responsible for installing said buffer yard. It is recognized that
this requirement may result in two buffer yards in some cases.
(c)
A buffer yard may comprise all or a portion
of a side or rear yard as stipulated in this chapter. The total rear
yard required shall be the larger of the buffer yard or rear yard,
and the total side yard shall be the larger of one buffer yard or
side yard.
(d)
The occupancy permit for a use on the premises
shall not be issued until such time as the landscaping requirements,
buffer yards and/or other approved landscape improvements required
by this chapter are either actually installed in full compliance herewith
or, in the event that the season is not appropriate, a performance
guaranty of 110% of the cost, as approved by the municipality, has
been deposited with the municipality. Such guaranty shall be in a
form acceptable to the municipality, and the depositor shall agree
in making the deposit that if performance is not completed within
the time specified by the Zoning Officer on the receipt delivered
to the depositor, the municipality may complete the requirements and
charge the cost against the deposit; otherwise the deposit shall be
returned in full after the satisfactory completion of the work.
(3)
Standards.
(b)
Buffer yards shall not be required in required
front yards.
(c)
The buffer yard shall be composed of an entire
landscaped area with grass or ground cover and a planting screen,
as defined below.
(d)
The entire buffer yard shall be attractively
maintained and kept free of litter and weeds.
(e)
No portion of a structure, accessory use, vehicle
parking or material storage is permitted within the buffer yard.
(f)
In addition to plant materials, fences, walls
and planted earthen berms may be provided in addition to or substituted
for plant materials after review and approval by the Planning Commission
as to their function and suitability.
B.
Planting screens.
(1)
A planting screen shall consist of a dense screen
planting of trees, shrubs or other plant materials, extending the
full length of the buffer yard, to serve as a barrier to visibility,
glare and noise.
(2)
Plant materials used in the planting screen shall
be a minimum of five feet high and shall produce, within three years,
a complete visual screen of at least six feet in height.
(3)
A fence, wall or hedge complying with § 180-97C may be incorporated as part of said planting screen.
(4)
The planting screen shall be maintained permanently,
and any plant material which does not live shall be replaced within
six months.
(5)
The planting screen shall be placed so that at maturity
it will be no closer than three feet to any street or property line.
(6)
Planting screens shall not interfere with traffic
visibility along a curve, across the corner of a lot and at access
driveways, as regulated in § 180-92J.
(7)
The planting screen shall be broken only at points
of vehicular or pedestrian access.
C.
Fences, walls and hedges:
[Amended 5-7-2008 by Ord. No. 2008-04]
(1)
Performance standards.
(a)
Where other Township ordinances, or other sections
of this chapter, provide conflicting regulations regarding fences,
walls and hedges, the most restrictive regulations shall apply.
(b)
In all districts, trees, shrubs and other plantings
are permitted in any front, side or rear yard, provided they do not
block the clear sight distance for vehicular traffic.
(c)
Fences, walls or other structures and hedges
or plantings shall not be located at street corners so as to interfere
with the clear sight triangle of the corner lots, as established by
drawing a line between two points on the street center line, each
point being 75 feet from the center line intersection, for local streets
and 100 feet from the center line intersection for and intersection
involving a nonlocal street. No walls, fences or hedges taller than
three feet or that would otherwise obscure the vision of a motorist
shall be permitted in this area. Their height is restricted to three
feet within the sight triangle.
(d)
Fences shall not be permitted within a riparian buffer area except when needed for a use permitted in § 180-95B(10).
(2)
Location and height.
(a)
In residential and agricultural districts, fences,
walls or hedges may be erected in the front, side and rear yards of
properties in residential districts. The height shall be no more than
four feet in a front yard and no more than six feet in a side and
rear yard. Exceptions to the maximum permitted heights may be granted
by the Zoning Officer in the following situations:
[1]
Enclosure of tennis courts or other recreation
facilities.
[2]
Enclosure of agriculture or livestock.
[3]
Necessity for heightened security due to the
nature of the use.
[4]
As he deems necessary due to extenuating circumstances
which may negatively affect the public health, safety and welfare
or property.
(b)
In commercial, industrial, manufacturing and
office and laboratory districts, fences, walls and hedges may not
exceed eight feet in height, regardless of location in any required
yard.
(c)
Salvage and storage yard sites must be completely
enclosed by a sight-obscuring hedge, masonry wall or wooden fence.
(d)
Gates must open onto the owner's property.
(e)
All retaining walls are subject to the requirements of all applicable building codes, including but not limited to Township Chapter 65, Building Construction.
(f)
Fences, walls and hedges are not permitted to
be erected or planted within a public or dedicated right-of-way.
(g)
Swimming pool fences and barriers shall be subject
to all applicable building codes, as well as all applicable requirements
of this chapter.
(h)
Fences, walls and hedges may be placed in an
easement established for drainage or utilities, provided that such
fence, wall or hedge does not violate the terms of the easement. It
shall be understood that removal, repair or replacement of the fence,
wall or hedge within any easement is the responsibility of the property
owner.
(i)
The placement of fences, walls and hedges shall
not obstruct the flow of stormwater.
(3)
Permitted materials for construction.
(a)
Fences.
[1]
Fences shall be constructed of durable fencing
material. Waste materials such as discarded vehicles, appliances,
assembled or partially assembled materials or raw materials are prohibited.
[2]
Fences may be constructed of wood, metal chain
link, steel, aluminum, iron, plastic resin or other materials deemed
suitable by the Zoning Officer.
[3]
Fences may be left bare, or finished with paint,
plastic or vinyl coating or other finishes deemed suitable by the
Zoning Officer.
[4]
No fence shall contain or have attached barbs,
razors or similar types of injurious materials, or configurations,
unless specifically approved by the Zoning Officer for appropriate
reasons and circumstances such as the containment of livestock or
high-level security.
[5]
Chain-link or woven-wire fences must have the
top selvage edge knuckled and not barbed.
[6]
Electrified fences are strictly prohibited on
all residential properties unless specifically approved by the Zoning
Officer for appropriate reasons and circumstances such as the containment
of livestock or high-level security.
(b)
Walls.
[1]
Freestanding walls may be constructed of stone,
poured or precast concrete, brick or tile masonry, and shall be subject
to all applicable building codes.
[2]
Retaining walls may be constructed of stone,
concrete or brick masonry, cribbing of steel or concrete as well as
wood timbers pressure treated for decay or steel sheet piling, and
shall be subject to all applicable building codes.
(4)
Permits and maintenance requirements.
(a)
Prior to the erection of a fence, hedge or wall,
a permit must be obtained from the Zoning Officer. The application
must be accompanied by a plan sketch to scale showing the proposed
location.
(b)
The Township shall not be liable for improperly
located fences, walls or hedges.
(c)
The property owner is solely responsible for
the continued maintenance of any fence, wall or hedge.
(d)
If a fence, wall or hedge is not properly maintained,
or is deemed unsafe, or is damaged, destroyed or deteriorated, the
owner must remove, replace or repair it within 30 days of receipt
of written notice to do so from the Zoning Officer or Township Official.
(e)
Any fence, wall or hedge erected prior to the
enactment of this chapter will not be subject to all of the new fence
requirements contained in this chapter. However, they are subject
to all the requirements of continued maintenance of a fence in this
chapter.
B.
Driveways.
(1)
General restrictions.
(a)
All driveways shall be located, designed, constructed
and maintained in such a manner as not to interfere or be inconsistent
with the design, maintenance and drainage of the abutting road.
(b)
Storm culvert pipes are prohibited within the
right-of-way unless there is no other way to access the property.
(c)
All driveways shall be paved within the road
right-of-way with all approved curb and sidewalk crossovers in curb
and sidewalk areas or with a paved crushed aggregate and bituminous
pavement with design thickness and construction at least equal to
Township local public road construction standards.
(d)
All driveways shall be paved to a point 20 feet
back from the right-of-way.
(e)
All driveways shall be constructed to maintain
the existing roadway gutter and shall not discharge water onto the
street.
(2)
General location restrictions. Access driveways shall
be permitted at locations in which:
(a)
Sight distance, computed in accordance with
PennDOT criteria, is adequate to safely allow each permitted movement
to be made into or out of the access driveway;
(b)
The free movement of normal highway traffic
is not impaired;
(c)
The driveway will not create a hazard; and
(d)
The driveway will not create an area of undue
traffic congestion on the highway.
(3)
Specific location restrictions. Specific location
restrictions shall include the following:
(a)
Where possible, access driveway center lines
shall not be located within 200 feet of an arterial interchange, ramp
areas or at locations that would interfere with the placement and
proper functioning of highway signs, signals, detectors, lighting
or other devices that affect traffic control.
(b)
Where possible, no access driveway center lines
will be allowed within 200 feet of a signalized intersection, except
if the driveway is aligned opposite a T-intersection and the applicant
provides, in cooperation with the Township, new or relocated detectors,
signal heads, controller and the like for the control of traffic movements
from the driveway.
(c)
Access to a property which abuts two or more
intersecting streets or highways may be restricted to only that roadway
which can more safely accommodate its traffic.
(d)
Driveways shall be located directly across from
a highway, local road or access driveway on the opposite side of the
roadway, where possible.
(e)
Where possible, access center line points for
all uses except single-family homes shall be not less than 175 feet
from the intersection of any street center line or other driveway
center line. For a single-family home, no driveway center line shall
be located the lesser of the following distances from an intersection
center line:
(f)
Where possible, access to collector and arterial
highways shall be via local roads. Where possible, minimum use driveways
from individual lots shall not directly access a collector or arterial
highway. The Zoning Officer, with the recommendation of the Planning
Commission, may waive this requirement where it is not possible.
(4)
Number of driveways. The number and location of entrances
which may be granted will be based on usage, interior and exterior
traffic patterns and acceptable design policy.
(a)
Normally, only one driveway will be permitted
onto any one public street, except if warranted by traffic volume
and the driveway center lines are not closer than 300 feet. Not more
than two driveways will be permitted onto any one public street.
(b)
Regardless of frontage, a development may be
restricted to a single entrance/exit driveway.
C.
Off-street parking.
(1)
Required off-street parking area.
(a)
Off-street parking spaces shall be provided
and satisfactorily maintained in accordance with the following provisions
for each building or use which, after the effective date of this chapter,
is established, erected, enlarged or altered for use for any of the
following purposes in any district; for uses not specifically listed,
the requirements for the most similar use listed, as determined by
the Zoning Officer, shall be followed:
(b)
Parking space requirements shall be in accordance
with the attached table, entitled "Lower Saucon Off-Street Parking
Table."
|
Lower Saucon Off-Street Parking Table
| |||
|---|---|---|---|
|
Land Use
|
Minimum Number of Spaces Per Unit
| ||
|
Agriculture, commerce
|
1 per employee
| ||
|
Agriculture, excluding animal husbandry
|
1 per employee
| ||
|
Agriculture, including animal husbandry
|
1 per employee
| ||
|
Forestry
|
1 per employee
| ||
|
Kennel, boarding, stable, obedience school
|
1 per employee, plus 1 per 0.25 kennels
| ||
|
Bank
|
1 per 0.5 teller, plus 1 per employee, plus
1 per 0.5 automatic teller
| ||
|
Barber, beauty shop
|
1 per 100 sq. ft. of floor area, plus 1 per
employee
| ||
|
Beverage distributor
|
1 per 100 sq. ft. of floor area, plus 1 per
employee
| ||
|
Car wash
|
1 per 0.2 wash bay, plus 1 per employee
| ||
|
Craft shop
|
1 per 100 sq. ft. of floor area, plus 1 per
employee
| ||
|
Dance studio
|
1 per 100 sq. ft. of floor area, plus 1 per
employee
| ||
|
Day camp
|
1 per employee, plus 1 per each 10 campers
| ||
|
Gas station
|
1 per 0.20 service bay (5 per bay), plus 1 per
employee
| ||
|
Gas station/grocery
|
1 per 100 sq. ft. of floor area, plus 1 per
employee
| ||
|
Salvage yard
|
1 per 0.33 acre, plus 1 per employee
| ||
|
Laundromat
|
1 per 1.5 washing or dry-cleaning machines,
plus 1 per employee
| ||
|
Marshal arts school
|
1 per 100 sq. ft. of floor area, plus 1 per
employee
| ||
|
Nursery or commercial greenhouse
|
1 100 sq. ft. of floor area, plus 1 per employee
| ||
|
Office, business or professional
|
1 per 140 sq. ft. of floor area
| ||
|
Office, home professional/occupation
|
1 per 0.33 dwelling unit, plus 1 per 100 sq.
ft. of used office space, plus 1 per employee
| ||
|
Repair shop, motor vehicle
|
1 per 0.2 service bay (5 per bay), plus 1 per
employee, plus 1 per 0.33 acre
| ||
|
Cemetery
|
1 per employee
| ||
|
Social building (including churches)
|
1 per each 3 seats, plus 1 per 100 sq. ft. of
meeting room area, plus 1 per employee
| ||
|
Community center
|
1 per each 3 seats, plus 1 per 100 sq. ft. of
meeting room area, plus 1 per employee
| ||
|
Cultural facility
|
1 per each 3 seats, plus 1 per 100 sq. ft. of
meeting room area, plus 1 per employee
| ||
|
Library
|
1 per three persons at capacity, plus 1 per
employee
| ||
|
Educational institution, private
|
1 per employee or volunteer, plus 1 per 0.33
classroom, plus 1 per 2 students 16 years or older
| ||
|
Educational institution, public
|
1 per employee or volunteer, plus 1 per 0.33
classroom, plus 1 per 2 students 16 years or older
| ||
|
Educational trade school
|
1 per employee or volunteer, plus 1 per 0.33
classroom, plus 1 per 2 students 16 years or older
| ||
|
Concrete and asphalt plants
|
1 per employee, plus 1 per company vehicle
| ||
|
Industrial, various (see Sec. 2.13)
|
1 per 0.95 employee on largest shift, plus 1
per company vehicle normally stored
| ||
|
Landfills and waste disposal facilities
|
1 per employee
| ||
|
Natural resource extraction
|
1 per employee
| ||
|
Petroleum and hazardous substance storage
|
1 per employee
| ||
|
Research/laboratory
|
1 per 0.95 employee on largest shift, plus 1
per company vehicle normally stored
| ||
|
Storage yards and buildings
|
1 per 0.33 acre, plus 1 per employee
| ||
|
Bed-and-breakfast
|
1 per 0.33 dwelling unit, plus 1 per employee,
plus 1 per guest room
| ||
|
Hotel/motel
|
1 per 0.95 rental room or suite, plus 1 per
employee
| ||
|
Fire and emergency station
|
1 per 0.33 bay
| ||
|
Government facility, other
|
1 per 2 seats, plus 1 per employee
| ||
|
Government facility, Township
|
1 per 2 seats, plus 1 per employee
| ||
|
Personal-care facility
|
1 per 0.17 practitioner, plus 1 per employee
| ||
|
Hospital
|
1 per each 2 beds, plus 1 per each staff and
visiting doctor, plus 1 per employee on largest shift
| ||
|
Club, lodge and/or social building, private
|
1 per greater of 6 members or 3 persons at capacity,
plus 1 per employee
| ||
|
Commercial (indoor)
|
1 per 2 persons at capacity, plus 1 per employee
| ||
|
Commercial (outdoor)
|
1 per 2 persons at capacity, plus 1 per employee
| ||
|
Golf course
|
1 per 2 persons at capacity, plus 1 per employee
| ||
|
Recreation and park, public
|
1 per 2 persons at capacity, plus 1 per employee
| ||
|
Riding academy
|
1 per stall, plus 1 per employee
| ||
|
Theater and/or auditorium, indoor
|
1 per each 3 seats, plus 1 per employee
| ||
|
Theater and/or stadium, outdoor
|
1 per each 3 seats, plus 1 per employee
| ||
|
Conversion
|
1 per 0.5 dwelling unit
| ||
|
Duplex
|
1 per 0.33 dwelling unit
| ||
|
Garden apartment
|
1 per 0.5 dwelling unit, plus 1 per nonresident
employee
| ||
|
Group homes/community living arrangements
|
1 per 0.33 dwelling unit, plus 1 per employee
| ||
|
Mobile home park
|
1 per 0.5 dwelling unit, plus 1 per employee
| ||
|
Rooming house
|
1 per 0.33 main dwelling unit, plus 1 per 0.5
rental unit, plus 1 per nonresident employee
| ||
|
Single-family
|
1 per 0.33 dwelling unit
| ||
|
Townhouse
|
1 per 0.33 dwelling unit
| ||
|
Restaurant, drive-in
|
1 per 50 sq. ft. of floor area (minimum 10 spaces),
plus 1 per employee
| ||
|
Restaurant, sit-down
|
1 per 2 seats for customers, plus 1 per employee
| ||
|
Tavern
|
1 per 2 seats for customers, plus 1 per employee
| ||
|
Retail, convenience shopping center
|
a)
|
1 per every 150 sq. ft. of gross leasable floor
area for shopping centers of 25,000 sq. ft. or less in area;
| |
|
b)
|
1 per every 182 sq. ft. of gross leasable floor
area for shopping centers of 25,001 sq. ft. to 50,000 sq. ft. in area;
or
| ||
|
c)
|
1 per every 200 sq. ft. of gross leasable floor
area for shopping centers larger than 50,000 sq. ft. of floor area.*
| ||
|
Retail, store
|
1 per 100 sq. ft. of retail sales area, plus
1 per employee
| ||
|
Retail, vehicle or boat (indoor/outdoor)
|
1 100 sq. ft. of floor space, plus 1 per 0.1
storage area (this means that at least 10 spaces shall be provided
for a site), plus 1 per employee
| ||
|
Retail, wholesale
|
1 per 100 sq. ft. of showroom, plus 1 per employee
| ||
|
Retail, adult-oriented establishment
|
1 per 100 sq. ft. of floor space, plus 1 per
employee
| ||
|
Bus or taxi terminal
|
1 bus or taxi stall for each vehicle to be parked,
plus 1 per employee
| ||
|
Drug center
|
1 per 3 patients, plus 1 per employee
| ||
|
Funeral home
|
1 per greater of 4 seats or 50 sq. ft. of floor
area, plus 1 per employee
| ||
|
Mental health facility
|
1 per each 2 beds, plus 1 per each staff and
visiting doctor, plus 1 per employee on largest shift
| ||
|
Nursery or day-care center
|
1 per 0.33 classroom, plus 1 per employee or
volunteer
| ||
|
Nursing home or extended-care facility
|
1 per each 2 beds, plus 1 per each staff and
visiting doctor, plus 1 per employee on largest shift
| ||
|
Office, medical
|
1 per 0.17 practitioner (6 spaces each), plus
1 per employee
| ||
|
Public utility facility
|
1 per employee (3 minimum)
| ||
|
Services, personal
|
1 per 0.33 practitioner, plus 1 per employee
| ||
|
Veterinary or animal hospital
|
1 per 0.17 practitioner, plus 1 per employee
| ||
|
*NOTE: Except in each of these
cases, the required parking spaces for restaurants or indoor theaters
within such shopping centers shall be calculated separately, using
the parking requirements for those particular uses. The square footage
of restaurants and indoor theaters shall not be counted as part of
the gross leasable area of the shopping center.
| |||
(2)
General regulations applying to required off-street
parking facilities.
(a)
Existing parking. Structures and uses existing
at the effective date of this chapter shall not be subject to the
requirements of this chapter as long as the kind or extent of use
is not changed, provided that any parking facility now serving these
structures or use is not reduced below the applicable requirement(s).
(b)
Changes in use. Whenever there is an alteration
of a structure or a change or extension of a use which increases the
parking requirements according to the standards of this chapter, the
total additional parking required shall be in accordance with the
requirements of that article.
(c)
Conflict with other uses. No parking area shall
be used for any other use that interferes with its availability for
the parking need it is required to serve.
(d)
Continuing character of obligation. All required
parking facilities shall be provided and maintained so long as the
use which the facilities were designed to serve still exists. Off-street
parking facilities shall not be reduced in total extent after they
exist unless such a reduction conforms with the requirements of this
chapter. Off-street parking facilities shall be designed and used
so that they at no time constitute a nuisance or a hazard or an unreasonable
impediment to traffic.
(e)
Joint use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the space required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by special exception under Article II.
(f)
Mixed uses. Where a permitted use contains or
includes more than one of the types of uses identified in this chapter,
the number of parking spaces required shall be the sum of the computed
requirements for the separate types of uses.
(g)
Location of parking space. No parking shall
be permitted in required yard areas, except that one parking space
for each single-family detached, single-family duplex or single-family
attached home may be within the front yard setback, as long as it
is not within any required sight triangle. Required off-street parking
spaces shall be on the same lot or premises with the principle use
served.
(h)
Fractional spaces. Where the computation of
required parking spaces results in a fractional number, only the fraction
shall be counted as one, except that the absolute minimum number of
spaces for any use shall be two.
(i)
Parking of commercial vehicles. Commercial motor
vehicles are not permitted to park in any residential district other
than for normal commercial deliveries and services to the residents.
(3)
Design standards. The design standards specified in
this section shall be required for all new off-street parking facilities
with a capacity of four or more vehicles. Such facilities shall be
designed so that their use shall not constitute a nuisance or hazard
or unreasonable impediment to traffic.
(a)
Parking lot dimensions shall be no less than
those listed in the following table:
|
Aisle Width
| |||||
|---|---|---|---|---|---|
|
Angle of Parking
(degrees)
|
Stall Width
(feet)
|
Stall Depth
(feet)
|
One-way
(feet)
|
Two-way
(feet)
| |
|
Automobile parking
| |||||
|
90
|
10
|
18
|
22
|
24
| |
|
60
|
10
|
20
|
18
|
21
| |
|
45
|
10
|
20
|
15
|
18
| |
|
30
|
10
|
18
|
12
|
15
| |
|
Parallel
|
8
|
22
|
12
|
18
| |
|
Automobile and trailer parking
| |||||
|
30
|
10
|
53
|
15
|
--
| |
(b)
Parking areas shall be designed so that each
motor vehicle may proceed to and from the parking space provided for
it without requiring the moving of any other motor vehicle.
(d)
Parking areas shall be designed to provide turnaround
area so vehicles do not back onto public roads.
(e)
Parking areas shall be illuminated at night
when in use. All lighting fixtures used to illuminate parking areas
shall be arranged to prevent glare into public streets and adjoining
properties.
(f)
Landscaping and separation. Except where entrance
and exit drives cross road right-of-way lines, all parking areas for
any purpose other than single-family residences shall be physically
separated from the right-of-way from any public street by a concrete
curb and by a planting strip and/or sidewalk, which shall be not less
than five feet in width. This five-foot planting strip shall be parallel
to the road right-of-way line and shall be measured from the required
right-of-way. A buffer yard is required to separate parking areas
from rear and side property lines.
(g)
In all single-family attached and apartment
areas, parking areas shall be arranged to minimize through traffic
to other parking areas and/or streets. Parking areas shall also be
separated from adjacent structures, access roads and streets by 15
feet, so as not to interfere with required sight distance.
(h)
All public parking lots shall provide parking
space satisfying the needs of the handicapped.
(i)
Maintenance of parking areas. For parking areas
of four or more vehicles, the area not landscaped and so maintained,
including driveways, shall be graded, surfaced with asphalt or other
suitable material and drained to the satisfaction of the municipality
to the extent necessary to prevent dust, erosion or excessive water
flow across streets or adjoining property. All off-street parking
spaces shall be marked as to indicate their location.
D.
Off-street loading. Off-street truck loading berths
shall be provided as an accessory to any use, as specified below:
(1)
One berth for any nonresidential building with a gross
floor area between 10,000 square feet and 25,000 square feet, and
one additional berth for each additional 25,000 square feet or fraction
thereof.
(2)
One berth for buildings with offices, retail sales
and service establishments with a gross floor area between 8,000 square
feet and 25,000 square feet, plus one additional berth for each additional
25,000 square feet or fraction thereof.
(3)
One berth for manufacturing, wholesale and storage
uses and for dry-cleaning and rug-cleaning establishments and laundries
with a gross floor area between 5,000 square feet and 10,000 square
feet, plus one additional berth for each additional 20,000 square
feet or fraction thereof.
(4)
Each required off-street truck loading berth shall
be at least 65 feet long, measured perpendicular to the loading dock;
shall be at least 14 feet wide; and shall provide a minimum overhead
clearance of 16 feet.
(5)
Each required off-street truck loading berth shall
have unobstructed access to a public street. Such access may be combined
with access to an off-street parking lot; this is provided, however,
that all berths shall be designed so that maneuvering of trucks to
reach the loading dock shall not require the use of any required off-street
parking spaces or intrude into any street right-of-way. No off-street
loading berth shall be located in any required yard.
(6)
All permitted or required loading berths shall be
on the same lot as the use to which they are accessory, except that
berths may be provided in spaces designed to serve jointly two or
more adjacent establishments, provided that the number of berths in
such joint facilities shall not be less than the total required separately
for all such establishments.
(7)
All lighting fixtures used to illuminate parking areas
shall be arranged to prevent glare into public streets and adjoining
properties.
E.
Drive-in facilities. Where any drive-in windows or
facilities are provided to serve any use, adequate provisions shall
be made to prevent vehicles from stacking onto the right-of-way of
any street. As a minimum, storage for at least 10 waiting automobiles
from the right-of-way line to the drive-in window or facility being
approached, and provisions to allow at least two exiting vehicles
from any said window facility to the street, shall be provided. However,
if more than one drive-in window or facility is provided, the required
waiting area for approaching cars may be reduced to eight spaces per
window or facility.
F.
Required rights-of-way.
(1)
Minimum right-of-way widths are established for those
roads wherein the existing right-of-way is less than that indicated
below for the particular class of road.
(2)
Measurement; classification.
(a)
The required rights-of-way shall be measured
from the center line of the existing road. All front yards and other
appropriate yards shall be measured from the required right-of-way
line. The specific classification of each road is shown on the Zoning
Map.[1]
|
Classification of Road
|
Required Right-of-Way From Center Line
(feet)
|
|---|---|
|
Expressway
|
60
|
|
Major arterial
|
50
|
|
Minor arterial
|
40
|
|
Collector
|
30
|
|
Local
|
25
|
[1]
Editor's Note: Said map is on file in the
Township offices.
A.
Continuations. All structures, uses of structures
and uses of land that do not conform to the regulations of the district
in which they are located, after the effective date of this chapter,
shall be regarded as nonconforming, and the following regulations
shall apply to them.
B.
Alterations or extensions.
(1)
Nonconforming buildings and structures may be altered, reconstructed or enlarged, provided that such alteration, reconstruction or enlargement does not increase the extent of the nonconformity existing on the effective date of this chapter and provided that no further encroachment into a side yard, rear yard or front yard or expanded encroachment into a required yard would be caused by such alteration, reconstruction or enlargement. In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of Subsection B(3) of this section.
(2)
Nonconforming lots. A building may be constructed
on any lot which was lawful when created and which, prior to the effective
date of this chapter, was in separate ownership duly recorded by plan
or deed, provided that the yard requirements of this chapter are observed.
(3)
Nonconforming uses. Nonconforming uses shall not be
altered, reconstructed, extended or enlarged, except in accordance
with the following provisions:
(a)
Such alteration, reconstruction, extension or enlargement shall be permitted by special exception under the provisions of Article II, Administration.
(b)
Such alteration, reconstruction, extension or
enlargement shall be only upon the same lot as in existence at the
date the use became nonconforming.
(c)
Any increase in volume or area of the nonconforming
use shall not exceed an aggregate of more than 25% (of said volume
or area) during the life of the nonconformity.
C.
Restoration. A nonconforming building or any building
containing a nonconforming use wholly or partially destroyed by fire,
explosion, flood or other phenomenon or legally condemned may be reconstructed
and used for the same nonconforming use, provided that reconstruction
of the building shall be commenced within one year from the date the
building was destroyed or condemned and shall be carried on without
interruption.
D.
Ownership. Whenever a lot is sold to a new owner,
a previously lawful nonconforming use may be continued by the new
owner.
E.
Abandonment. If a nonconforming use of a building or land is discontinued or abandoned for 12 consecutive months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, unless another nonconforming use is approved by the Zoning Hearing Board in accordance with § 180-99G and that such approved use be initiated within 30 days after the end of the twelve-month period.
[Amended 3-6-2019 by Ord.
No. 2019-01]
F.
Changes. Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another nonconforming use only if permitted
as a special exception by the Zoning Hearing Board and subject to
the following conditions:
(1)
The applicant shall show that the nonconforming use
cannot reasonably be changed to a conforming use.
(2)
The applicant shall show that the proposed change
will be equally or less objectionable in external effects than the
existing nonconforming use, with respect to or more appropriate than
the existing nonconforming use with regard to:
G.
District changes. Whenever the boundaries of a district
are changed so as to transfer an area from one district to another
district, the foregoing provisions shall also apply to any nonconforming
uses or structures existing in the district to which the area was
transferred.
