For the purposes of this chapter, the following
regulations shall apply to all districts:
A.
Reduction of lot area. No lot shall be so reduced
that the area of the lots or the dimensions of the required open spaces
shall be less than herein specified.
B.
Obstructions to vision. On any lot, no wall, fence
or other structure shall be erected, altered or maintained and no
hedge, tree, shrub or other growth shall be planted or maintained
which may cause danger to traffic on a street by obscuring the view.
C.
Stripping of topsoil, excavation of clay, sand, gravel
or rock. Such activities shall be permitted only under the following
conditions:
(1)
As part of the construction or alteration of a building
or the grading incidental to such building.
(2)
In connection with normal lawn preparation and maintenance.
(3)
In connection with the construction or alteration
of a street.
(4)
In farming operations in those zoning districts where
such use is permitted, provided sound soil conservation practices
are observed.
(5)
In quarry operations in those zoning districts where
such use is permitted.
D.
Projections into required yards.
(1)
A projection from a building, utilizing such building
for support but not being enclosed or part of the living area of such
structure may extend into any required yard not more than 15 feet,
provided that no projection shall extend closer than 10 feet to any
street line or to any other lot line.
(2)
The height of an antenna, of any design, shall be
limited so that should the antenna fall it would not reach any property
line.
(3)
The requirements for open areas and yards and the
restrictions on projections shall not apply to overhanging eaves,
gutters or cornices.
E.
Area and bulk exceptions.
(1)
Building height limitations of this chapter shall not apply to any of the following, unless located within a residential district; spires, agricultural use buildings, belfries, cupolas, domes, monuments, chimneys, antennas and towers or poles used to support electrical transmission lines. This exception shall not apply to towers or poles for lighting fixtures which shall comply with the regulations of § 225-17E herein.[1]
[1]
Editor’s Note: Former Subsection E(2), which immediately
followed this subsection and included provisions on the applicability
of lot coverage limitations, was repealed 7-20-2011 by Ord. No. 2011-01.
F.
Yard requirement for corner lot. In the case of a
corner lot, a front yard as provided for in the area and bulk requirements
for the various districts shall be required on each street on which
the lot abuts. The remaining two yards shall be side yards of the
depth required for the various districts.
G.
Limitations on areas counted toward minimum lot area
and yard requirements. As listed in the definition of lot area, the
following are regulations on land which can be counted for purposes
of determining compliance with the minimum lot area and yard requirements
of all districts:
(1)
Steep slopes.
(a)
No more than 50% of areas with a vertical change
of grade of six feet or more and slopes of 15 to 20% and no more than
25% of areas with a vertical change of grade of six feet or more and
slopes over 20% may be counted towards the applicable minimum lot
area requirement.
(b)
A plot plan must be prepared for all development,
even that on a single existing lot. Plot plans must show two foot
contour intervals. All areas that have a vertical change of grade
of six feet or more with slopes of 15% to 20% and with slopes of more
than 20% should be separately identified on the plot plan. The plot
plan must be submitted as part of the application for a zoning permit
and/or application for subdivision or land development.
(3)
Wetlands.
(a)
Any area identified as wetland following the
procedures outlined in the 1989 Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, and any subsequent amendments,
shall not be counted towards the applicable minimum lot area requirement.
The East Caln Township Comprehensive Municipal Environmental Resources
Map may be used as a guide as to areas where these limitations may
apply, however, a site-specific engineered plot plan shall be used
for the final determination.
The following regulations shall apply to existing
uses, structures, lots and signs which do not conform to the provisions
of this chapter. It is the policy of East Caln Township to seek the
elimination of such nonconformities to the maximum extent practical
while avoiding undue hardship on property owners.
A.
Continuation. Any lawful structure or any lawful nonconforming
use of a structure or land legally existing on the effective date
of this chapter and any amendment thereto, may be continued, except
as otherwise herein provided.
B.
Discontinuance. If a nonconforming use of land or
of a building ceases or is discontinued for a continuous period of
one year or more, subsequent use of such building or land shall be
in conformity with the provisions of this chapter, unless the Zoning
Hearing Board shall authorize, as a special exception, the resumption
of the discontinued use.
C.
Nonconforming structures.
(1)
Extension and additional structures. Any lawful nonconforming structure or any structure of which a lawful nonconforming use is made may be extended upon the lot occupied by such building or structure and held in a single and separate ownership on the effective date of this chapter when permitted as a special exception by the Zoning Hearing Board subject to the provisions of Article VIII of this chapter. The area or volume of such structure or structures shall not be increased by more than 50% of the total area or volume of such structure or structures existing on the date it first became a nonconforming structure or a structure of which lawful nonconforming use is made.
[Amended 1-19-2022 by Ord. No. 2022-03]
(a)
Except as provided in § 225-16C(1)(b), any structural alteration, extension or addition to existing structures shall conform with all area, height, width, yard and coverage requirements for the district in which it is located.
(b)
In the R-2 Zoning District, where the existing lawful nonconforming
structure is lawfully nonconforming:
[1]
As to a yard setback, the structural alteration, extension or addition
may exceed the minimum yard requirements of the R-2 Zoning District,
provided it does not exceed the existing nonconforming setbacks of
the existing lawful nonconforming structure. No special exception
shall be required for such an alteration, extension or addition, where
the nonconformity is limited to yard setback.
[2]
As to building coverage and/or impervious coverage, no special exception is required for a structural alteration, extension or addition so long as the alteration, extension or addition is in compliance with § 225-5C(1)(d) and the nonconformity is limited to building coverage and/or impervious coverage.
[3]
As to all other area, height, width, yard, and coverage requirements,
any structural alteration, extension or addition to an existing lawful
nonconforming structure shall be in compliance with the requirements
for the R-2 Zoning District.
(2)
Restoration of structures. Any lawful nonconforming
building or other structure which has been damaged or destroyed by
fire, explosion, windstorm or other similar active cause, to an extent
of not more than 75% of its fair market value, may be reconstructed
in the same location, provided that:
D.
Nonconforming use.
(1)
Change of use. Any lawful nonconforming use of a building
or land may be changed to another nonconforming use of substantially
the same character or less nonconforming, and for such purpose, a
building may be extended on the same lot when authorized as a special
exception by the Zoning Hearing Board. When making its determination
the Board shall employ, among other, the following criteria:
(a)
The applicant shall show that the existing nonconforming
use cannot reasonably be changed to a permitted use for the district
where it is located.
(b)
Any proposed structural alterations shall be
the minimum necessary to facilitate the proposed use and shall not
exceed 50% of the structures existing area or volume. The proposed
alterations shall not create nor increase any area, bulk or yard nonconformity.
(c)
The applicant shall have the burden of showing
that the proposed use will have the same or lesser impact than the
existing nonconforming with respect to traffic generation and congestion,
stormwater runoff and nuisance characteristics relative to the uses.
(d)
Whenever the nonconforming use of a building
or land has been changed to a conforming use, such conforming use
shall not thereafter be changed to nonconforming use.
(2)
Extension of nonconforming use of land. Any lawful
nonconforming use of land exclusive of buildings and the use contained
therein may be extended upon the lot upon which it exists at the time
of the effective date of this chapter, but such extension shall conform
to area and bulk regulations and to the design standards of the zoning
district in which it is located. The extension of a nonconforming
use on a lot shall be limited to the lot which was in existence on
the effective date of this chapter.
E.
Nonconforming lots.
(1)
Lots nonconforming as to area and width regulations
or with unusual dimensions.
(a)
Subject to Subsection E(1)(b) hereof, a building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width, or is of such unusual dimensions that the owner would have difficulty in providing the yard areas required for the district in which such lot is situated, provided a special exception is authorized by the Zoning Hearing Board, subject to the provision of Article VIII, and provided further that the applicant does not own or control other adjoining property sufficient to enable him to comply with the provisions of this chapter as amended. In considering a special exception to permit erection or alteration of a building on a lot nonconforming as to area and width regulations, the Zoning hearing Board shall impose the following requirements:
[1]
That the use of the lot be required to conform
to the permitted uses in the district in which such lot is situated.
[2]
That the building height be restricted to that
specified for other buildings within the district in which the lot
lies.
[3]
That the use comply with the design standards
for the district in which the use is situated.
[4]
That adequate on or off-site sewage disposal
and water supply facilities are available for the use intended.
[5]
Impose such conditions as are necessary to assure
that the general purposes and intent of this chapter are complied
with.
(b)
In any district in which single-family detached
dwellings are permitted, notwithstanding the area limitation imposed
by other provisions of this chapter, a single-family detached dwelling
and customary accessory buildings may be erected on any single lot
or record in existence at the effective date of adoption or amendment
of this chapter, without Zoning Hearing Board action, provided the
following:
F.
Nonconforming signs.
(1)
Any sign, signboard, billboard or advertising device
legally existing at the time of the passage of this chapter that does
not conform with the regulations of this chapter shall be considered
a nonconforming sign and may be used in its existing location provided
it is maintained in good condition and repair at all times.
(2)
Nonconforming signs once removed may be replace only
with conforming signs, however, legal nonconforming signs may be repainted
or, after issue of a permit, repaired or modernized, provided that
such repaired or modernized sign does not exceed the dimensions of
the existing sign.
The following regulations shall apply to all
uses in all districts unless otherwise stated within this chapter:
A.
Landscape and screening requirements.
(1)
Landscape plan.
(a)
All required landscaping shall be installed
and maintained in accordance with a landscape plan prepared by a registered
landscape architect licensed to practice in the Commonwealth of Pennsylvania.
The landscape plan shall depict all proposed plantings required to
compliment, screen or accentuate buildings, roads, parking areas,
sidewalks, walkways, sitting areas, service or maintenance structures,
courtyards and other site features and/or structures. Plant sizes,
spacing and types shall be in accordance with this section and the
table of the Appendix of this chapter.[1]
[1]
Editor's Note: Tables 1 through 5 are included
at the end of this chapter.
(b)
All required landscape plans shall be submitted
at the time when all other required applications and/or plans are
submitted. Plans shall be based on and reflect the following:
[1]
A design which is responsive to the functional
and aesthetic characteristics of the tract or lot, existing and proposed
principal and accessory buildings and other structures and existing
vegetation.
[2]
A design which demonstrates an effective proposal
for screening the proposed use or activity from the adjoining properties,
as applicable.
[3]
A design which enhances views from and within
the site.
[4]
A design which creates visual interest for the
users and/or residents of the proposed project.
[5]
A design which preserves, wherever possible,
existing trees and other significant vegetation.
[6]
The use of plant material which is: acclimated
to local conditions, located and spaced to achieve required screening,
compatible groupings and other effective purposes, not injurious to
persons or pedestrians and vehicular circulation and enhances natural
habitats and wildlife corridors.
(c)
The landscape plan shall include a narrative, notes, diagrams, sketches or other depictions to demonstrate compliance with Subsection A(1) and the following:
[1]
An analysis of the site in terms of: the existing
views to and from the areas which are proposed for development, existing
topography and vegetation conditions, and other significant existing
natural conditions which are relevant to the site.
[2]
An analysis of proposed planting and other landscaping
needs as related to: screening views of buildings, screening buildings
and sections of buildings, screening parking areas and other areas
where vehicles are parked, screening storage areas, screening site
utilities and other appropriate types of screening such as along streets
and driveways.
[3]
The consideration of location where plantings
and other landscaping is needed to: provide visual interest, define
outdoor spaces, compliment the proposed architectural style and achieve
other functional and aesthetic requirements for buffer areas, buffer
planting strips and other landscaped areas.
[4]
A narrative describing the intent of the registered
landscape architect with regard to design, layout and selection of
plant material.
(d)
A landscape plan shall reflect compliance with
the following requirements:
[1]
A planting screen and buffer areas shall be installed and maintained at the width required in Subsection A(4) to form a continuous visual buffer.
[2]
Parking lots and parking areas for five or more
vehicles shall be landscaped and screened as follows:
[a]
Off-street parking areas and parking
lots shall be landscaped to reduce wind and air turbulence, heat and
noise and the glare of automobile lights, to reduce the level of carbon
dioxide, to provide shade, to ameliorate stormwater drainage problems,
to replenish the groundwater table and to provide for a more attractive
setting.
[b]
Each parking lot shall have one
three to 3 1/2 inch caliper shade tree for every five parking
spaces. Shrubs, ground covers and other plant materials shall be used
within planting islands and/or peninsulas to complement the required
shade trees. Trees and shrubs shall be pruned to allow for safe sight
distance.
[c]
The landscaping and planting areas
shall be reasonably dispersed throughout the parking area or parking
lot, except where there are more than 20 parking spaces in which case
the following shall apply:
[i]
Landscaping "islands" shall be
provided at the end of each parking row, which shall not exceed 10
contiguous spaces. Such "islands" shall be a minimum of 10 feet in
width and 20 feet in length. Such raised planting islands and the
landscaping within them shall be designed and arranged so as to provide
vertical definition to major traffic circulation aisles, entrances
and exits, to channel internal traffic flow, to prevent indiscriminate
diagonal movement of vehicles and to provide cooling shade and visual
relief from the visual monotony and summer heat of a large paved parking
area. Curbs of such islands shall be designed so as to facilitate
surface drainage. There shall be tire stops to prevent vehicles from
overhanging sidewalks or damaging landscaping materials.
[ii]
All planting islands and planting
beds within a parking lot shall be planted with canopy trees, shrubs
and groundcovers and/or dwarf shrubs and shall not be lawn unless
otherwise approved by the Board of Supervisors. However, stone, mulch
and shredded hardwood mulch may be interspersed with groundcovers
and shrubs, provided that no more than 1/4 of any planting island
shall be surfaced with such mulch.
[d]
The perimeter of all such off-street
parking areas or parking lots shall be screened from any abutting
property.
[e]
Screening shall be in the form
of a continuous visual buffer eight feet in height at the time of
planting, (except within the clear sight triangle) through the use
of the following: plant materials or walls and/or mounding through
the use of berms forming a continuous visual buffer. Fencing may be
used for screening only when specially approved by the Township.
[f]
The area for planting, fencing,
walls or berms shall not extend beyond the street line. No nonresidential
off-street parking or loading and unloading facilities shall be located
within 20 feet of the street line unless provided for otherwise in
other sections of this chapter.
[Amended 10-2-2015 by Ord. No. 2015-05]
[g]
The required planting screen shall
be a minimum of 10 feet in width or shall be wider as set forth in
the Appendix.
[h]
Whenever fencing, walls or berms
are employed, the effective height of such continuous visual buffer
shall be no less than eight feet, except within the required clear
sight triangle. If a wall is approved as a means of screening, it
would be exempt from the setback requirements of this chapter.
[3]
All buildings shall be landscaped in accordance
with the following criteria:
[a]
A combination of evergreen and
deciduous trees and shrubs shall be planted along and near building
perimeters except as provided in Subsection A(1)(d)[3][c] below.
[b]
Shrubs shall be planted in contiguous
groupings in mulched planting beds no less than eight feet in width
along the perimeter of the building. Ten evergreen and 10 deciduous
shrubs shall be planted for every 30 feet of building perimeter unless
large trees are proposed as set forth in Subsection A(1)(d)[3][c]
below.
[c]
Trees shall be planted to achieve
a particular landscape architectural purpose along building perimeters
or within 60 feet of buildings. One three to 3 1/2 inch caliper
deciduous tree and one evergreen eight to 10 foot high tree shall
be planted for every 50 feet of building perimeter. Further, for every
additional tree of 3 1/2 inches or greater, 10 shrubs as required
above may be deleted. (The intent is to promote large tree plantings
and to limit conventional "foundation" planting.)
[d]
Trees and shrubs shall be grouped
in accordance with specific needs and objectives.
[e]
Plants shall be placed at appropriate
distances from the building to accommodate the natural growth and
spread of the species and to allow for periodic plant maintenance.
[4]
Street trees shall be planted as follows:
[a]
Street trees shall be placed between
three to five feet back of the right-of-way line of any street so
as not to interfere with the installation and maintenance of any sidewalk
and/or utilities.
[b]
One three to 3 1/2 inch caliper
street tree shall be planted for each 40 feet or road frontage on
each side of the street.
[c]
Street trees shall be placed in
an alternating spacing on each side of a street.
[d]
Street trees shall be in accordance
with the "Approved List of Street Trees" found in the Appendix.[2]
[2]
Editor's Note: See Table 3, which is included at the end of this chapter.
[e]
The screening requirements of Subsection A(4) shall preempt these standards where the format are applicable.
[f]
"Naturalistic" tree groupings may be proposed by the developer or required by the Board of Supervisors in lieu of regularly spaced street tree plantings, subject to the approval of the Board of Supervisors. Size and quantity requirements shall be at a minimum of those illustrated in Subsection A(4)(b).
[g]
Where existing trees are retained
along street rights-of-way, street trees do not need to be planted
other than to replace diseased or undesirable varieties.
[5]
Other landscaping including trees, shrubs and
groundcovers shall be provided along walkways, in courtyards, around
sitting areas, at the entrance to the site and in other highly visible
locations, especially on the outer side of any internal access roads
which are visible from a public street which may adjoin a lot or tract,
at the entrance to buildings and around structures used for service,
storage or maintenance purposes.
[6]
Requirements and standards for landscaping,
in addition to that specified above, shall be as determined by the
Board of Supervisors. The Board may require plantings: to reduce glare,
to abate other nuisances, to enhance the planting area in conjunction
with streets and to fulfill screening and other functional purposes.
(2)
Plant characteristics and maintenance.
(a)
All plants shall conform with the most current
version of the "American Standard for Nursery Stock" of the American
Association of Nurserymen. A note stating same shall be shown on all
landscape plans.
(b)
Trees and shrubs shall be typical of their species
and variety, have normal growth habits, well developed, densely foliated
branches and vigorous, fibrous root systems.
(c)
Trees and shrubs shall be free from defects
and injuries and certified by appropriate Federal and State authorities
to be free from diseases and insect infestations.
(d)
Trees and shrubs shall be freshly dug and/or
containerized nursery grown stock. They shall have been grown under
climatic conditions similar to those in the locality of the project
or properly acclimated to conditions of the locality of the project.
(3)
Maintenance and inspection.
(a)
All proposed landscaping shall be part of the required subdivision and land development agreement. The performance guarantee required by the Subdivision and Land Development Ordinance [Chapter 185] shall include funds escrowed for the proposed landscaping.
(b)
All landscaping work shall be performed in accordance with an inspection schedule approved by the Township Engineer or his designee as stipulated in the Subdivision and Land Development Ordinance [Chapter 185]. No work shall proceed to a subsequent phase until inspected and approved by the Township Engineer or his designee.
(c)
When the developer has completed all or any approved phase of the landscape improvements, the developer shall notify the Board of Supervisors in writing in accordance with the Subdivision and Land Development Ordinance [Chapter 185]. To authorize the release of funds escrowed for landscape improvements, the Township Engineer or his designee must inspect and approve the improvements in accordance with the procedure set forth in the Subdivision and Land Development Ordinance [Chapter 185].
(d)
A maintenance guarantee in accordance with the Subdivision and land Development Ordinance [Chapter 185] is required for all landscape improvements.
(e)
Any tree or shrub which dies within the term
of a maintenance agreement or otherwise no less than 18 months, shall
be replaced by the landowner or developer. Any tree or shrub which
is deemed, in the opinion of the Township, not to have survived or
grown in a manner characteristic of its type, shall be replaced. Substitutions
for certain species of plants may be made only when recommended by
the Planning Commission and approved by the Board of Supervisors,
by means of the approval of a revision to the approved landscape plan.
(f)
Following the period designated in Subsection A(3)(e), it shall be the responsibility of the landowners, tenants and/or other occupants of the premises to adequately and properly maintain the premises to adequately and properly maintain the landscaped areas, whose responsibility shall include watering, cleaning of weeds and debris, pruning and trimming, replacement of dead, diseased, stolen or otherwise removed plantings and fertilizing to maintain healthy growth.
(g)
All trees within the right-of-way of any property
shall be kept trimmed at least nine feet above any sidewalk and at
least 11 feet above all streets.
(h)
All shrubs abutting any sidewalks shall be maintained
at last six inches from the edge of the sidewalks.
(i)
To prevent the obstruction of vision at the
corner of an intersection of streets and/or driveways, existing and
proposed trees and shrubs or other landscape treatment shall be maintained
at a height of no more than 30 inches and below 10 feet within the
required clear sight triangle. To facilitate this standard, shrubs
or groundcovers to be planted shall be of the dwarf variety and shall
not exceed 30 inches in height at maturity.
(4)
Screening.
(a)
Buffer areas and planting screens shall be required
under the following circumstances:
[1]
Where a proposed commercial or industrial use
abuts an existing residential use, institutional use or residential
district.
[2]
Where any proposed multifamily residential,
mobile home park or institutional use abuts another residential district
or an existing single-family or two-family dwelling.
[3]
Any other instance where a buffer area and planting
screen is required by this chapter or by the Township.
(b)
The portion of the tract that abuts a use or
district intended to be screened shall be provided with a buffer area
and planting screen, the width, generic plant types and spacing requirements
are set forth in the Appendix.[3] The buffer area and planting screen may be included in
private yard space. The requirement for a buffer area is also applicable
to those uses and districts separated by streets and roads.
[3]
Editor's Note: The Appendix materials are
included at the end of this chapter.
(c)
The use of earth sculpting or berms shall be
required as an integral part of the buffer area frontage landscaping
whenever topography and lack of existing woodlands permit. Such earth
sculpting or berms shall not block the clear sight distance required
at intersections and driveways. No signs or other structures are permitted
on tops of berms.
(e)
All plantings in the buffer areas and/or planting
screens shall be installed and thereafter maintained by the property
owner for the full width required in a particular district, except
that certain structures may be placed within the buffer and/or planting
screen including:
[1]
Landscape treatment such as berms, fences or
walls which aid in screening and do not conflict with the character
of adjoining properties or block the clear sight distance required
at intersections.
[2]
Appurtenant landscaping structures such as:
tree walls, tree guards and tree grates and retaining walls used to
preserve stands or specimens of existing trees or used for other functional
purposes.
[3]
Roads which provide direct ingress/egress for
the tract or lot, including appurtenant structures within such road
rights-of-way as curbs, sidewalks, signs, lighting standards or benches.
[4]
Underground utilities.
(f)
No other structure shall be placed within the
buffer area and/or planting screen and no manufacturing or processing
activity or storage of materials shall be permitted.
(g)
The planting screen shall comprise a mixture
of evergreen trees and/or shrubs which are a minimum of eight feet
in height for trees and three feet for shrubs at the time of planting
as set forth in the Appendix.[4] The combined shrub and tree plantings shall constitute
a continuous visual buffer the full length of the lot lines at the
time of occupancy of any building and/or at the time of initiation
of any use.
[4]
Editor's Note: The Appendix materials are included as an attachment to this chapter.
(h)
In addition to the preceding requirements, the
following shall apply:
[1]
The plantings shall be broken only at points
of vehicular or pedestrian access or as otherwise provided in this
section.
[2]
Existing vegetation. Existing deciduous trees
larger than three inches in caliper and/or existing evergreen trees
six feet or larger in height maybe counted to satisfy the buffer area
planting requirements when approved by the Township. In all cases,
existing plant material of the above caliper and height shall be preserved
in any buffer area except where clearance is required to insure needed
vehicular access and sight distance or if the material is unsuitable.
[3]
The suggested plant list is set forth in the
Appendix. The Township may permit other plant varieties if: they are
hardy to the area, are not subject to blight or disease and are of
the same general characteristic and growth habit of those listed in
the Appendix.
(5)
Modifications. By conditional use, the Board of Supervisors may grant a modification of the requirements of one or more provisions of Subsection A(1) through (4) if the Board determines literal compliance with the mandatory provisions to be unreasonable or cause undue hardship when an alternative standard can be demonstrated to provide equal or better satisfaction of the intent of the regulation(s) in question.
[Added 7-20-2011 by Ord. No. 2011-01]
(a)
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the provision(s) from which relief is sought, the basis
on which the relief is requested, and shall include an alternative
proposal addressing the purpose and intent of the regulations from
which relief is sought to an equivalent or better standard.
(b)
Any request for a modification pursuant to this section may be referred
to the Township Planning Commission and professional consultants for
advisory comments.
(c)
The Board of Supervisors may consider a request for modification
under this section at any tune during the land development process,
including as a revision to an approved final land development plan.
(d)
Proposed modifications may include, but are not limited to, the use
of larger plantings, the grouping of plantings, relocations, improved
species quality, and the promotion of stormwater management BMPs.
(e)
The Board shall not approve any request for modification which is
incomplete, unnecessary or inferior in appearance to compliance with
the regulation(s) from which relief is sought, or which provides substantially
less value to the property or the community than the existing requirement(s).
B.
Storage. All outdoor storage shall be completely screened
from view from any public right-of-way and any residential district
which abuts the property. All organic rubbish or storage shall be
contained in airtight, vermin-proof containers which shall also be
screened from view from any public right-of-way and all abutting residential
districts and uses. Over-the-road trailers may not be used for the
storage of goods and material.
C.
Access and traffic control. All accessways to any
public street or highway shall be located at least 100 feet from the
intersection of any street lines and shall be designed in a manner
conducive to safe ingress and egress. In the interest of public safety,
the number of access ways on high volume road and streets shall be
the minimum feasible for the use. Where possible, exits shall be located
on minor rather than major streets or highways. Developer shall be
responsible for the construction of any necessary traffic control
devices or additional acceleration lanes required by the Pennsylvania
Department of Transportation in the case of ingress and egress to
State roads and those required by the Township on Township roads.
D.
Interior circulation.
(1)
Interior drives shall be designed so as to prevent
blockage of vehicles entering or leaving the site and do provide suitable
stacking of vehicles.
(2)
Areas provided for loading and unloading of delivery
trucks and other vehicles and for the servicing of shops by refuse
collection, fuel and other service vehicles shall be adequate in size,
and shall be so arranged that they may be used without blockage or
interference with the use of accessways or automobile parking facilities.
(3)
Interior drives shall not be located within 25 feet
of a lot line abutting a residential district or use.
E.
Lighting.
(1)
Lighting standards and requirements. Where required
by this chapter, the owner shall install or cause to be installed,
at the owner's expense, pole street lights serviced by underground
conduit in accordance with a plan to be prepared by the owner's engineer
and approved by the Board of Supervisors. The owner shall be responsible
for all costs involved in lighting the streets from the date of first
dwelling occupancy until such time that the streets are accepted by
the Township. In addition, as a minimum in single-family subdivision,
appropriate conduit and wiring shall be installed underground even
though standards and lighting fixtures might not be constructed immediately.
(a)
Standards. All lighting and accessory equipment
shall meet acceptable industry standards as approved by the Board
of Supervisors.
(b)
Shielding. All above permitted lighting and
external lighting fixtures appurtenant to a structure shall be shielded
to eliminate stray light beyond an angle of 35° from a vertical
plane of all residential properties and from all rights-of-way.
(2)
Other lighting standards. The following standards
shall apply to all exterior light fixtures within the Township, except
street lighting and associated traffic devices provided by a public
utility or governmental entity within a public right-of-way.
(a)
The light from any luminaire shall be shaded,
shielded or directed to prevent direct light from being distributed
beyond an angle of 35° from a vertical plane onto adjacent properties
and/or surrounding areas. Unshielded lamps, bulbs and tubes are not
permitted, except for temporary holiday lighting.
(b)
Lighting shall be designed so that the illumination
does not exceed the 1/10 foot candles beyond the property line on
which the lighting originates.
(c)
Except for public street lights and traffic
signals, freestanding lighting fixtures shall not exceed 16 feet in
height for parking areas of 300 spaces or less and 40 feet in height
for parking areas of more than 300 spaces. Security or floodlighting
may exceed this height requirement when attached to a building provided
that such lighting shall be arranged and installed to deflect and
focus lights away from adjacent properties, in no case parking area
be illuminated by building mounted lights.
(d)
No luminaire shall have any blinking, flashing
or fluttering lights or other illuminating device which has a changing
light intensity, brightness or color nor is any beacon light permitted,
except those required for fire alarm and/or emergency systems.
(e)
Neither the direct nor reflected light from
any luminaire shall create a disabling glare causing traffic hazards
on public thoroughfares.
(f)
The type, spacing and degree of cut-off of lighting
for new development must be approved by the Board of Supervisors after
review and recommendation by the Planning Commission.
(g)
Parking areas shall be lighted using pole mounted
lighting fixtures. The fixtures shall be located within or adjacent
to parking areas, in raised traffic islands, parking bay separators
or adjacent landscape areas. Poles and luminaries shall be located
so as not to be damaged by automobiles being parked (front overhang:
minimum 39 inches; rear overhang: minimum 60 inches).
(h)
Levels of lighting.
[1]
Levels of lighting in pedestrian and vehicular
use areas shall adhere to the following standards:
|
Use
|
Minimum Average Illumination
(footcandle)
| |
|---|---|---|
|
Pedestrian Walkways and Sidewalks
|
0.2-0.4
| |
|
Residential Streets
|
0.4-0.6
| |
|
Multifamily and Planned Residential Development
|
0.6-0.8
| |
|
Signs Required to be Illuminated
|
0.6-1.2
| |
|
Recreational/Institutional Activity
|
1.0-1.2
| |
|
Industrial Office Campus Areas and Parking Lots
|
0.5-1.0
| |
|
Commercial Area and Parking Lots
|
0.5-1.0
|
[2]
Where possible, short post lighting should be
incorporated to reduce glare. Any deviation from the above illumination
levels shall meet the limits of the standards of Illumination Engineers
Society (I.E.S.).
(3)
Plan requirements, graphics and submissions.
(a)
Preliminary and final lighting plan. The location
and type of all proposed exterior lighting fixtures shall be indicated
on the preliminary and final lighting plans along with the expected
hours of operation. The lighting plan required for all pedestrian
and vehicular use areas shall be drawn to sufficiently indicate the
illumination levels furnished by each luminaire and the pattern of
coverage on these areas. Reproduction of proposed lighting fixture
drawing(s) shall be submitted with the lighting plan for each type
of proposed exterior lighting fixture.
(b)
Preliminary and final landscape plan. The location
and type of all proposed exterior lighting fixtures shall be indicated
on the preliminary and final landscape plans to insure that there
is no conflict between the location of light standards and the location
of light standards and the location of trees, and that trees will
not adversely affect lighting patters. Lighting fixture locations
shall be indicated on the plans by symbols.
(4)
Exemption, nonconforming lighting. Nothing in this
section shall be construed to be applied retroactively to existing
lighting facilities or fixtures prior to effective date, unless work
is scheduled to replace 50% or more of the existing outdoor light
fixtures or to increase by 50% or more the number of outdoor light
fixtures on the premises.
A.
Off-street loading and unloading space(s) and facilities
shall be provided on each lot, with proper and safe access from street
or alley, either within a structure or in the open, to adequately
serve the uses thereon.
B.
Loading and unloading spaces shall be at least 12
feet wide, 45 feet long and shall have at least 14 foot vertical clearance.
C.
Loading and unloading spaces shall have all-weather
surfaces to provide safe and convenient access during all seasons.
D.
Loading facilities shall not be constructed between
the building setback line and a street line.
E.
Loading facilities shall be completely screened, with
a planting screen, from view from any public right-of-way and residential
district or use.
F.
Required off-street parking space shall not be used
for loading and unloading purposes except during hours when business
operations are suspended.
G.
Loading facilities shall not be located within 25
feet of a lot line abutting a residential district.
[Amended 4-4-2001 by Ord. No. 2001-5]
A.
Standards.
(1)
Parking space for one vehicle shall be equal to at
least 350 square feet for purposes of computing car spaces, including
stalls and driveways, and shall have a stall of at least 10 feet by
20 feet in size. In residential districts, the area inside a garage
may be included in computing parking spaces when such space is used
for parking, provided it is irrebuttably presumed that the initial
parking space in a garage is not routinely used for the parking of
a vehicle and may not be used in computing parking spaces. Notwithstanding
the above, a single-car garage may be used in computing parking spaces
if the garage is a minimum of 16 feet wide and 22 feet deep, and the
initial space in an oversized two-car garage may be counted if the
garage is a minimum of 26 feet wide and 22 feet deep. All parking
spaces shall have an approved all-weather dustless surface and shall
have a safe and convenient access in all seasons.
[Amended 8-19-2015 by Ord. No. 2015-04]
(2)
At the discretion of the Township, a parking stall
may be reduced in size to 10 feet by 18 feet provided that an additional
20 square feet of pervious area is provided in front of the stall.
(3)
No parking space shall be located, and no parking shall be permitted,
so as to interfere with the free and unobstructed use of any sidewalk.
[Added 8-19-2015 by Ord.
No. 2015-04]
B.
Parking lots.
(1)
Parking lots shall be set back from the street line
at least 30 feet and the area between the cartway of the street and
the parking lot shall be landscaped.
(2)
Interior drives shall be designed so as to prevent
blockage of vehicles entering or leaving the site.
(3)
No less than 10% of an interior parking lot area shall be landscaped in accordance with § 225-17A(1)(d)[2]. In complying with the 10% landscaping requirements, the planting beds shall be distributed throughout the area as evenly as possible. Planting along the perimeter of a parking lot, whether for required screening or general beautification, will not be considered as part of the 10% parking lot area landscaping.
(4)
Parking lots and interior drives shall not be located within 25 feet of a lot line abutting a residential district or use and shall be screened in accordance with § 225-17A(1)(d)[2].
(5)
Parking lots shall be graded to a minimum slope of 1% to provide for drainage. Adequately sized french drains and/or inlets, storm sewers and retention or detention facilities shall be provided to manage stormwater in accordance with the standards of the Subdivision and Land Development Ordinance [Chapter 185].
(6)
Parking lots for over 20 vehicles shall be so divided
by permanent raised curbing that circulation lanes and parking bays
are clearly defined and that moving traffic will be confined to designated
circulation lanes.
(7)
Traffic channelization shall be planned in such a
way that a main driving aisle from which vehicles can flow into the
parking bays, is remote from the building(s) so as to avoid traffic
and pedestrian conflict in front of the building(s).
(8)
Areas provided for loading and unloading of delivery
trucks and other vehicles, and for refuse collection, fuel and other
service vehicles shall be adequate in size and shall be so arranged
that they may be used without blockage or interference with the use
of other accessways or automobile parking facilities.
(9)
Any establishment which furnished carts or mobile baskets as an adjunct to shopping shall provide clearly defined and adequately sized level areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage shall not be considered as regulated by sign regulations, § 225-26, when used only for this purpose.
C.
Nonresidential use requirements.
(1)
Adequate off-street parking shall be provided for
each use. A minimum of one such off-street parking space shall be
provided per employee for all nonresidential uses. In computing the
number of employees, only full-time employees working day shifts shall
be counted. Additional spaces shall be required as specified by the
appropriate formula. In applying such, the following definitions shall
be utilized:
(a)
Employees serving the public. Those employees
who, as part of their employment, are expected to meet the public
in the ultimate transaction of business.
(b)
Sales area. Space on the first floor on which
goods are displayed and/or business transacted and such space or other
floors on which one or more sales person are regularly stationed.
(2)
Off-street parking shall be required in any new construction
or change of use in nonresidential uses imposing these regulations.
All required parking shall be arranged so that access to customarily
used entrances is reasonably convenient. The number of required spaces
shall be determined by the application of the following formula to
the contemplated use. In areas where several uses share parking spaces,
the aggregate of all available spaces shall be compared to the sum
required to serve all uses to determine whether there are sufficient
spaces to permit the use.
(3)
Parking spaces required for nonresidential uses shall
be as follows:
(a)
Private club, lodges: one for every 50 square
feet of floor area available to patrons.
(b)
Golf course: four for each hole plus club requirement
as listed above.
(c)
Golf driving range: two for each tee.
(d)
Miniature golf: two for each hole.
(e)
Bowling alley: five for each lane.
(f)
Health club, spa: one for every 200 square feet
of gross floor area devoted to such use.
(g)
Outdoor recreation: one for every 1,500 square
feet of area.
(h)
Indoor recreation: one for every 150 square
feet of gross area.
(i)
Places of public or private assembly including
churches, auditoriums, theaters and assembly halls: one for every
four permanent or temporary seats, plus one for every 100 square feet
of meeting room area.
(j)
Hospital: 1 1/2 for each bed.
(k)
Personal care, continuing care, congregate care,
convalescent home, nursing home, sanitarium: one per every two beds.
(l)
Schools: one for each faculty member and other
full-time employee, plus two for each classroom, plus one for every
eight students aged 16 years or older, plus one for every four seats
for auditorium, gymnasium and/or stadium.
(m)
Retail store or shop including department store
or supermarket: one for every 250 square feet of store sales floor
area or area serving customers.
(n)
Personal service businesses such as barber shops,
photo shops, tailor, beautician, shoe repair and the like: one for
every 100 square feet of gross floor area.
(o)
Restaurant: one for every two seats.
(p)
Fast food restaurant: one for every 50 square
feet of gross floor area.
(q)
Self-service laundromat: one for every 1 1/2
machines.
(r)
Automobile service and repair (in addition to
gas service and station and auto dealer requirements, where applicable):
four for each bay or one for every 200 square feet of floor and ground
area devoted to repair (whichever is greater).
(s)
Banks, credit union and the like: one for every
75 square feet of floor area for serving customers.
(t)
Medical or dental offices and clinics: five
for every 1,000 square feet of gross floor area.
(u)
Funeral home: one for every 75 square feet of
gross floor area.
(v)
Professional and business offices: one for every
250 square feet of gross floor area.
(w)
Shopping center or mall: five for every 1,000
square feet of gross floor area.
(x)
Hotel or motel: one for each rental room or
suite plus the requirements for ancillary uses.
(y)
Movie theater (part of shopping center): one
for every four seats.
(z)
Movie theater (freestanding): one for every
two seats.
(aa)
New and used automobile sales: one for every
200 square feet of floor and ground area devoted to sales and accessory
service use.
(bb)
Gas station (in addition to automobile repair
where applicable): one for every pump island plus six stacking spaces
for each pump island required.
(cc)
Car wash, automated: six, plus six dry-off spaces,
plus 25 stacking spaces.
(dd)
Car wash, nonautomated: two for each bay plus
three stacking spaces for each bay.
(ee)
Industrial and manufacturing establishments,
truck terminals and wholesale warehouses: one for each employee on
the combined major and next largest shift.
(ff)
Research and development facilities, laboratories:
three for every 1,000 square feet of gross floor area.
(gg)
Independent living facility: 1.3 spaces per dwelling unit.
[Added 12-7-2011 by Ord. No. 2011-07]
(4)
Buildings or uses other than those specified above.
Determination of the appropriate parking space requirements shall
be made by the Zoning Officer consistent with the standards set forth
herein for comparable buildings or uses after review of a study prepared
by qualified Traffic Engineer.
(5)
As an alternative to this regulation, 75% of the required
parking area shall be constructed prior to the issuance of the use
and occupancy permit and the remaining 25% set aside, in an area suitable
for parking, in grass until needed for parking. The Board of Supervisors
may permit this alternative at their discretion and shall require
the area set aside and be constructed when needed.
(6)
The Board of Supervisors may permit a reduction in
the number of aggregate parking spaces required for multiple use development
if the applicant can demonstrate that, due to different hours of operation,
a proposed shared parking scheme is adequate for peak usage. The applicant
must submit a shared parking analysis which documents the source data
used and delineates, as a minimum, the following:
(b)
The percentage of parking space needs broken
down by time of day (day time and evening) for both weekday and weekend.
(c)
The total shared parking space requirement is
computed by multiplying the requisite number of spaces for each use
by the percentage of time of day and adding the total of each use.
The time period with largest number of spaces will indicate the minimum
number of parking spaces to be provided.
D.
Residential requirements.
[Amended 6-30-2010 by Ord. No. 2010-01; 8-19-2015 by Ord. No. 2015-04]
(1)
All
dwelling units, including, without limitation, single-family detached,
single-family semidetached, single-family attached, townhouse, multifamily
and apartment dwelling units: three off-street parking spaces per
unit.
(2)
No
more than two commercial vehicles may be parked overnight on any property
whose primary use is residential, provided that such vehicles are
parked off the street on a paved surface in a side or rear yard and
are primarily driven by a resident of the premises. In all other cases,
the overnight parking of a commercial vehicle on a property whose
primary use is residential is prohibited. This regulation shall not
be interpreted to prohibit commercial vehicles from loading or unloading
in any residential district. For purposes of this subsection, commercial
vehicle is defined as a vehicle owned, leased or used by a business,
corporation, association, partnership, or the sole proprietorship
of any entity conducting business. Examples of commercial vehicles
include box trucks, delivery trucks, bucket trucks, food trucks, garbage
trucks, towing and recovering vehicles, buses, coaches, passenger
vans which can carry eight or more passengers, tractor-trailers, semitrailers,
trailers, construction vehicles and equipment, heavy duty vehicles
in excess of 26,000 lbs., and other vehicles of a similar nature and
purpose or designed or used for a commercial purpose.
[Added 2-16-2022 by Ord. No. 2022-05]
[Amended 4-7-2004 by Ord. No. 2004-01]
A.
Uses, buildings and structures accessory to agriculture.
(1)
The storage, processing and sale of farm products
by the owner, lessee or tenant of the property is permitted provided
that:
(a)
At least 50% of the dollar value of annual sales shall be derived from products which have been produced on the property (property refers to farm as set forth in § 225-21A).
(b)
Parking space for at least three cars shall
be provided behind the highway right-of-way line.
(c)
Sale of farm products shall be conducted from
a temporary stand, dismounted at the end of the growing season, or
from a permanent building located at least 100 feet from the street
line.
(2)
Agricultural structures such as fencing, sheds and
the like are permitted.
B.
Uses, buildings and structures accessory to dwellings.
(1)
Detached private garages, private parking spaces,
private stables, private barns, private sheds, private shelters for
pets owned by the property owner, private swimming pools, private
tennis courts, private bath houses and private greenhouses are permitted.
(2)
Accessory use structures in yards. In any residential
district, unless otherwise specified, accessory structures or buildings
may be located, erected or maintained in the side yard or rear yard,
provided that in no case shall such accessory use structure or building
be closer to any street line than 10 feet and/or property line of
five feet, except for:
(a)
Fences and walls. The following regulations
shall apply to all districts:
[1]
No fence or wall shall obstruct vision at a street intersection of public or private roads or driveways in accordance with § 225-17B.
[2]
All fences or walls erected in the front and
front side yard or any lot shall not exceed four feet in height and
shall have no more than 50% of its vertical plan opaque.
[3]
Fences or walls erected at the side or rear
yard of any building or structure shall not exceed six feet in height
and may be solid.
[4]
Swimming pools shall be enclosed with a fence in accordance with Subsection B(3)(b)[4].
(b)
A shared driveway for no more than two lots
which may straddle property lines, when approved by the Board of Supervisors.
(c)
Structures for which no other viable location
exists, when approved by the Board of Supervisors as a conditional
use.
(3)
Swimming pools, exterior hot tubs and saunas, permitted
as an accessory use shall comply with the following conditions and
requirements:
(a)
The swimming pool, hot tub or sauna shall be
used solely for the enjoyment of the occupants of the principally
permitted use of the property on which it is located and their guests,
and shall not be operated commercially.
(b)
Swimming pools, designed to contain more than
18 inches of water shall be erected in conformity with the following
requirements (hot tubs and saunas are described in separate section
dealing with outside placement of such units):
[1]
A permit shall be required to locate, construct
or maintain a swimming pool.
[2]
Swimming pools and buildings affiliated to the
pool may be located in the rear, rear side or side yard, but shall
be no closer to any rear or side lot line than: 20 feet on a side
yard and 40 feet on the rear yard.
[3]
Any walk, paved area or open deck related to
the pool shall be no closer than 10 feet to any rear or side lot line.
[4]
Swimming pools without a locking cover shall
be enclosed with four foot high non-climbing/safety fence equipped
with a self-closing, self-latching gate.
[5]
All of the following information must be submitted
with the application for an in-ground or above-ground swimming pool:
(c)
Hot tubs and saunas. All exterior hot tubs and
sauna units shall be placed within the building setback line and in
conformity with the following requirements:
[1]
A permit shall be required to locate, construct
or maintain a hot tub or sauna, outside.
[2]
Hot tubs, saunas and affiliated buildings may
be located in the rear yard, rear side or side yard, but no closer
to any rear or side lot line than: 20 feet on a side yard and 40 feet
on a rear yard.
[3]
Hot tubs and saunas without a locking cover
or door shall be enclosed with a barrier to prevent access and/or
a four foot high nonclimbing/safety fence equipped with a self-closing,
self-latching gate.
(4)
Tennis courts. A tennis court, fence and related lighting
shall be located in either a rear or side yard and shall not be closer
to a rear or side lot line than the distance of the required building
setback of the R-1 Zoning District in which it is proposed.
(a)
Tennis court fences shall be permitted, but
shall not exceed 12 feet in height.
(5)
Home occupations. Any activity for financial gain
customarily carried on in a dwelling, or in a building or structure
accessory to a dwelling, as an accessory use of the dwelling.
(a)
Uses permitted.
[1]
Non-traffic-generating home occupation shall
be permitted upon completion of a registration and permit issued by
the Township. Such home occupations may be: telecommunications/computer
web design, brokerage agents, and any other non-traffic-generating
type occupation authorized by the Zoning Official.
[2]
No-impact home-based business. A no-impact home-based
business shall be a permitted use in all residential zoning districts
of the Township, provided that:
[a]
The business activity shall be
compatible with the residential use of the property and surrounding
residential uses.
[b]
The business shall employ no employees
other than family members residing in the dwelling.
[c]
There shall be no display or sale
of retail goods and no stockpiling or inventory of a substantial nature.
[d]
There shall be no outside appearance
of a business use, including, but not limited to, parking, signs or
lights.
[e]
The business activity may not use
an equipment or process which creates nose, vibration, glare, fumes,
odors or electrical/electronic interference, including interference
with radio or television reception, which is detectible in the neighborhood.
[f]
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.
[g]
The business activity shall be
conducted only within the dwelling and may not occupy more than 25%
of the habitable space of the floor area.
[h]
The business does not involve any
illegal activity.
[i]
None of the provisions of this
section shall operate to supersede any deed restriction, covenant
or agreement restricting the use of land, nor any master deed, bylaw
or other document applicable to a common interest, ownership or community.
(6)
Satellite dish antennas. The following regulations
shall apply for all satellite dish antennas:
(a)
Limitation in number. Only one satellite dish
antenna shall be permitted per lot, except retail sales of satellite
dish antennas for permanent display purposes, and provided further
that such display shall be in accordance with the required setback
provisions of the applicable commercial district. The satellite dish
antenna shall be considered as a permissible accessory use, subject
to the rules and regulations of this section, in all zoning districts.
(b)
Size permitted.
(c)
Location and mountings.
[1]
Ground mounted satellite dish antennas shall
be located only in the rear yard or in the side yard not extending
beyond the front of the building setback and adhere to all setback
requirements of the applicable zoning district.
[2]
Ground mounted satellite dish antennas shall
be secured by a foundation approved by the Township Engineer.
[3]
When roof mounted, the satellite dish antenna
shall be located on a portion of the roof sloping away from the front
of the lot and no part thereof shall project above the roof ridge
line.
(d)
General regulations.
[1]
The erection of all satellite dish antennas
shall comply with all applicable regulations of the Federal Communications
Commission or other regulatory agency having jurisdiction. The burden
to show compliance shall be on the applicant and shall be stated in
the permit application.
[2]
Satellite dish antennas shall be properly enclosed
and installed in accordance with the building code and subsequent
permit issued.
[3]
The section shall in no event be construed to permit as a permissible accessory use a satellite dish antenna for satellite communication used or intended to be used for the propagation of radio, micro or electromagnetic waves. The use of a satellite dish antenna for transmission shall be permitted only by special exception within the industrial district, subject to the provisions of § 225-42D.
[4]
No satellite dish antenna installation shall
be permitted in any parking lot or parking area.
(e)
Permit procedure. Before erection of any satellite
dish antenna, a permit application shall be made to the Township,
a permit issued and a fee paid, the amount of which shall be set from
time to time by resolution of the Township. All applications for a
satellite dish antenna permit shall be made to the Zoning Officer
in writing on a form furnished by the Township and shall be accompanied
by plans, in duplicate and to scale, showing:
[1]
For ground mounted satellite dish antennas:
[a]
The dimensions of the lot and location
of the buildings thereon.
[b]
Details of all satellite dish antenna
anchors, supports and foundations the exact size of the antenna, including
dish and exact proposed location of the satellite dish antenna on
the lot.
[c]
When satellite dish antennas are
attached to an existing structure, details of how the satellite dish
antenna loads will be distributed to the existing structure.
[2]
For roof mounted satellite dish antennas:
[a]
Design wind load on each anchor
and allowable wind load on each anchor.
[b]
Forces on foundation, including
live load and dead load.
[c]
Strength and allowable stresses
of cables, rods or braces and the actual force and allowable force
for each cable, rod and brace.
[d]
Details of all satellite dish anchors
and supports, the exact size of the antenna and proposed location
of the satellite dish antenna.
(7)
Keeping
of chickens.
[Added 4-19-2023 by Ord. No. 2023-02]
(a)
The purpose of this section is to provide minimum standards
for the keeping of domesticated chickens. This section enables residents
to keep domestic chickens on a noncommercial basis as an accessory
use to a residence, while limiting the adverse effects of the activity
on surrounding properties. Such adverse effects can include noise,
odors, unsanitary conditions, attraction of predators, chickens running
at large, unsightly conditions, and similar adverse conditions.
(b)
CHICKEN RUN OR PEN
DOMESTIC CHICKENS
HENHOUSE OR CHICKEN COOP
MOBILE CHICKEN COOP OR CHICKEN TRACTOR
For purposes of this section, the following words shall have
the following meaning:
A fenced or other type of enclosure that is mostly open to
the elements, for the purpose of allowing domestic chickens to leave
the henhouse or chicken coop while remaining in a predator-safe environment.
The chicken run or pen is typically attached to the henhouse or chicken
coop and is a permanent stationary structure.
A subspecies of the species Gallus gallus domesticus.
A permanent stationary structure providing shelter for domestic
chickens which is completely enclosed.
A chicken coop and run with built in wheels and handles which
is moved to a new location on a daily basis by the property owner.
A mobile chicken coop or chicken tractor is not a permanent or stationary
structure.
(c)
The keeping of domestic chickens is permitted as an accessory
use to a single-family detached dwelling in the R-1, R-2, R-3 and
R-4 zoning districts.
(d)
Domestic chickens shall be kept for noncommercial purposes only.
The incidental sale of eggs is prohibited on the property.
(e)
No roosters shall be permitted at any time on any property.
(f)
Standards for keeping of chickens:
[1]
Minimum lot size: one acre.
[3]
[4]
Structures.
[a]
Enclosed and predator-resistant structure. A henhouse
or chicken coop shall be provided. Chicken runs, pens, henhouses and
coops shall be enclosed and constructed of durable materials to prevent
entry by predators or the escape of domestic chickens. All walls and
ceiling and roof areas shall also be protected against entry by predators.
[b]
Construction materials. Chicken runs, pens, henhouses
and chicken coops shall be constructed of weather-resistant materials
that can readily be cleaned and maintained and kept in good appearance.
[c]
Prevention of entry by burrowing. A horizontal
at-grade area not less than one foot in width along the interior or
exterior perimeter of the chicken run or pen shall be composed of
chain link or other material to prevent entry by burrowing predators.
Alternatively, a barrier to burrowing not less than one foot in depth
may be placed along the perimeter of the chicken run or pen.
[d]
Elevation of structures. Henhouses and chicken
coops shall be elevated at least 18 inches above grade, with an elevated
floor that will prevent entry by predators. The applicant shall provide
details of how manure will be properly cleaned from henhouse and chicken
coop floors.
[e]
No external illumination. The exterior areas of
henhouses and chicken coops shall not be illuminated.
[f]
Minimum area per chicken in henhouse or coop. A
henhouse or chicken coop shall be provided and provide not less than
four square feet of area per domestic chicken, as well as separate
roosting or egg-laying areas. The area in the chicken run or pen may
not be counted toward the required area per domestic chicken.
[g]
Minimum area per chicken run or pen. A chicken
run or pen shall be provided and be large enough to allow freedom
of movement, but shall provide not less than eight square feet per
domestic chicken. The area in the henhouse or coop may not be counted
toward the required area per domestic chicken.
[h]
Feed and water required. Adequate feed and water
shall be continuously provided, with protection against freezing.
[i]
Screening. Chicken runs, pens, henhouses and coops
shall be screened from adjoining residential properties by a solid
fence or a continuous visual landscape buffer consisting of a combination
of evergreen and deciduous trees and shrubs.
[j]
Height. Henhouses and chicken coops shall not exceed
eight feet in height, including the required 18 inches above the grade.
[k]
A property owner may utilize one mobile chicken coop or tractor in addition to (but not in lieu of) the chicken run or pen and henhouse or coop. The mobile chicken coop or tractor shall comply with the provisions of Subsection B(7)(f)[3], B(7)(f)[4][a], B(7)(f)[4][b],B(7)(f)[4][d] through B(7)(f)[4][h], and B(7)(f)[4][j].
[5]
Conduct of owner.
[a]
Odor. Odors shall not be perceptible at the property
line.
[b]
Noise. Noise shall not be perceptible at the property
line.
[c]
Waste and manure storage and removal. A written
waste storage and removal plan shall be submitted to the Township
with the application. All stored manure shall be placed within a fully
enclosed container. No more than three cubic feet of manure shall
be stored at any time. The chicken run, pen, henhouse, coop and surrounding
area shall be kept free of trash and accumulated manure.
[d]
Mortality. Dead domestic chickens shall be disposed
of promptly and consistently with applicable waste regulations of
the Township.
[e]
Slaughtering. Slaughtering of domestic chickens
shall not be conducted outdoors.
[f]
Feed. All feed shall be stored in rodent-proof
closed containers.
[g]
Roaming. Domestic chickens shall be kept in an
enclosed structure at all times. No domestic chicken shall be permitted
to roam freely.
(g)
Prior to commencing the keeping of chickens accessory use, the
property owner shall register the use with the Township utilizing
the Township form and pay the required registration and inspection
fee. The registration and inspection fee shall be set by the Board
of Supervisors by resolution from time to time. The Township Zoning
Officer shall annually inspect the use for compliance with this chapter.
(h)
Adult domestic chickens or roosters already living on the property as of the effective date of this Subsection B(7) which are in excess of the number or type permitted by the section may be kept by the property owner for the adult animal's lifetime, provided that the standards of this section are met. After the animal's death or sale, the property owner shall not replace the domestic chicken or rooster and shall come into compliance with this section. If the other standards are violated, the property owner will have a maximum of three months from the time of citation in which to eliminate the violation(s) or dispose of the animals. All legally existing nonconformities relating to the keeping of chickens as an accessory use shall be immediately brought into compliance with this section upon the sale of the property to a new property owner or rental of the property to a new occupant.
C.
Uses, buildings and structures accessory to commercial
and industrial uses. No accessory use shall be conducted or accessory
structure erected within the required yard areas of any property in
a commercial or industrial district. Recreational facilities for the
use of employees are permitted but shall be located in a landscaped
area and set back 50 feet from any street line.
A.
Standards. The following restrictions shall apply
in all districts in which agriculture is permitted:
(1)
The minimum lot are for agricultural use shall be
10 acres.
(2)
No farm building or any other outbuilding shall be
constructed closer than 50 feet to any property line.
(3)
All grazing or pasture areas shall be fenced.
(4)
The construction of operation of a building for the cultivation of mushrooms shall be permitted as a special exception when authorized by the Zoning Hearing Board subject to Article VIII of this chapter.
(5)
Horses for recreational use are permitted, at the
ratio of no more than one horse per acre, on lots of three acres or
more.
(6)
The raising of pigs and poultry shall not be permitted when it constitutes more than 1/3 of all farm income except when authorized as a special exception by the Zoning Hearing Board subject to the provisions of Article VIII of this chapter.
(7)
No slaughter area or manure storage shall be established
closer than 100 feet to any property line.
(8)
There shall be no more than one additional dwelling
for each three acres of farm.
A.
Specific intent. The following open space recreation
regulations are set forth to implement the goals, objectives and regulations
of East Caln Township Recreation and Open Space Plan of 1991. The
following regulations shall apply to all districts where open space
recreation is permitted. Ownership of open space recreation area may
be municipal, private or resident association.
B.
Minipark. Subject to the following regulations:
(2)
Design standards.
(a)
Minimum lot size of 21,780 square feet shall
be provided, whether designed as a separate lot or as part of a resident
association open space. When designed as part of a resident's association
open space, the required 21,780 square feet must be set aside for
the exclusive use of a minipark and no other.
(b)
Planting screen shall be provided adjacent to
any residential use or district.
(c)
Lot shall be designed to discourage pedestrian
or bicycle traffic across private property.
(d)
Lighting for facility use shall not be permitted.
C.
Neighborhood park. Subject to the following regulations:
(2)
Design standards.
(a)
Minimum lot size of five acres shall be provided,
whether designed as a separate lot or as part of a resident's association
open space. When designed as part of a resident's association open
space, the required five acres must be set aside for the exclusive
use as a neighborhood park and no other.
(b)
Restrooms with toilet facilities shall be provided.
(c)
The only buildings allowed are restroom and
buildings directly related and/or accessory to a permitted activity.
(d)
Planting screen shall be provided adjacent to
any residential use or district.
(e)
Lot shall be designed to discourage pedestrian
or bicycle traffic across private property.
(f)
Off-street parking shall be provided in compliance
with the regulations of this chapter.
(h)
No park activities shall be permitted between
the hours of 11:00 p.m. and 6:00 a.m.
D.
Community park. Subject to the following regulations, except when owned or operated privately or by a resident association, such use may be constructed when authorized by the Board of Supervisors as a conditional use subject to the provisions of this section and § 225-35.
(2)
Design standards.
(a)
A minimum lot size of 16 acres shall be provided,
whether designed as a separate lot or as part of a resident's association
open space. When designed as part of a resident's association open
space, the required five acres must be set aside for the exclusive
use as a neighborhood park and no other.
(b)
Restrooms with toilet facilities shall be provided.
(c)
Planting screen shall be provided adjacent to
any residential use or district.
(d)
Lot shall be designed to discourage pedestrian
or bicycle traffic across private property.
(e)
Off-street parking shall be provided in compliance
with the regulations of this chapter.
(g)
As part of the conditional use permit, the Board
of Supervisors shall establish the hours of operation.
(h)
The application for the conditional use permit
shall include a plan for park security.
[Amended 8-18-1999 by Ord. No. 1999-5]
A.
Specific intent.
(1)
To ensure this section, Slope control regulations,
is consistent with the April 1999 Comprehensive Plan.
(2)
To conserve and protect steep slopes from inappropriate
development such as excessive grading, landform alteration and extensive
vegetation removal.
(3)
To avoid potential hazards to property and the disruption
of ecological balance which may be caused by increased runoff, flooding,
soil erosion and sedimentation, blasting and ripping of rock and landslide
and soil failure.
(4)
To encourage the use of steep slopes for conservation
and other uses which are compatible with the preservation of natural
resources and protection of areas of environmental concern.
B.
C.
Uses permitted. The following uses only are permitted
in areas subject to slope controls:
(1)
Parks and outdoor recreation (i.e., conservation/open
space areas). Such uses shall be permitted provided their activities
do not conflict with the use of the land as a watershed.
(2)
Residential dwellings and accessory buildings thereto,
constructed in accordance with this chapter, as amended, provided
that no portion of any building, private driveway or stormwater management
facility (i.e., basin or pond) is constructed in a steep slope (greater
than 25%) area.
(3)
Roadways. Disturbance caused by roadways passing through
steep slopes shall be minimized through the following measures; avoidance
when possible, reduced street widths, elimination of on-street parking
and the allowance of cut and fill slope modifications up to 1 1/2:1
cuts and 2:1 fills in accordance with on-site geotechnical conditions.
(4)
Tree farming, forestry and similar uses. Such uses
shall be subject to the agriculture regulations of this chapter and
shall be conducted in conformance with conservation practices that
ensure adequate protection against soil erosion.
(5)
Utilities. Such uses include electric, gas, telephone,
sewer, water and stormwater collection/conveyance.
D.
Procedure. Every application for a subdivision/land
development or zoning permit shall state the use to be made of any
area subject to slope controls. All applications shall be accompanied
by a plan drawn to a scale of at least one inch equals 50 feet with
the areas subject to slope controls designated as follows:
(1)
The location, dimensions, elevation and natural features
of the property.
(2)
Existing and proposed uses and development.
(3)
An earthmoving plan which indicates existing and proposed
grades with contour lines at two foot intervals within the area of
any proposed activity, disturbance or construction. All areas of moderately
and steep slopes shall be graphically distinguished.
(4)
A site plan indicating existing and proposed structure,
other impervious surfaces, storm drainage facilities and retaining
walls. The site plans also shall locate and identify existing vegetation
including woodlands, hedgerows, open areas and their groundcover type
within moderately steep and slope areas, as well as proposed landscaping
material to be installed.
(5)
Typical cross-sections and elevations of the property
and proposed structures at intervals prescribed by the Township Engineer,
as well as architectural plans, elevations and sections.
(6)
A statement, signed and sealed by a registered architect
or professional engineer, explaining the building methods to be used
in overcoming foundation and other structural problems created by
slope conditions, preserving the natural drainage, preventing soil
erosion and excessive surface water runoff to neighboring properties
and/or streets and type of sewage disposal and water supply.
(7)
A statement, signed by the landowner at the time of
subdivision, land development or building permit application, that
there is a full understanding of potential difficulties associated
with construction and access involving such slope.
(8)
No plan shall be approved by the Board of Supervisors
without the Township Engineer's review of this material and his recommendations
thereon.
E.
Standards and criteria for applications. In evaluating
any application for conditional use, subdivision, land development
or zoning permit within moderately steep and steep slopes, the Board
of Supervisors shall determine consistence of the proposal with the
following:
(1)
Disturbance to particularly sensitive features of
the site shall be minimized; special emphasis in planning for the
site shall be given to the protection of:
(2)
Disturbances shall be minimized where the length or
area of moderately steep or steep slopes is extensive both on the
site and on adjacent lands within 200 feet of the site. The area which
is regraded and/or stripped of vegetation shall not exceed 50% of
moderately steep slopes up to a maximum of 10 acres nor 25% of steep
slopes up to a maximum of five acres.
(3)
The proposed development, any impervious groundcover
and their resultant disturbance to the land and existing vegetative
cover shall not cause runoff and/or related environmental problems
off the site.
(4)
Removal of, or disturbance to, existing vegetation
in areas with moderately steep and steep slopes shall be minimized.
The proposed impact on existing vegetation shall be evaluated in terms
of the potentially detrimental effects on slope stability, conveyance
and recharge of stormwater, aesthetic characteristics of the landscape
and existing drainage patterns. Further, it shall be demonstrated
that any and all reasonable mitigation techniques and procedures will
be utilized or have been considered in the preparation of the subdivision
and/or land development plan, such as revegetation measures, control
of soil erosion and sedimentation, stormwater management and the like.
(5)
Important desirable visual qualities of the site shall
be retained to the maximum extent feasible. In addition to vegetation,
these include hilltops/ridgelines, rock outcroppings and the natural
terrain and contours of the site.
(6)
Road construction shall follow the natural topography,
with cuts and grading minimized.
(7)
Innovative, imaginative building techniques that are
well-suited to slope conditions are encouraged, consistent with other
applicable codes and regulations.
(8)
The stability of the slope, as characterized by the
existing interrelationships among the soil, vegetation and rock shall
be disturbed as little as possible.
(9)
Proposed buildings and structures shall be of sound
engineering design and footings shall be designed in response to the
site's slope, soil and bedrock characteristics. Footings shall extend
to stable soil and/or bedrock.
[Amended 11-20-1996 by Ord. No. 1996-5; 7-19-2006 by Ord. No. 2006-01; 10-18-2006 by Ord. No. 2006-3; 7-19-2017 by Ord. No. 2017-05]
A.
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania
has, by the passage of the Pennsylvania Flood Plain Management Act
of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of the Township of East Caln does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
General provisions.
(1)
Intent. The intent of this section is to:
(a)
Promote the general health, welfare, and safety of the community.
(b)
Encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
(c)
Minimize danger to public health by protecting water supply
and natural drainage.
(d)
Reduce financial burdens imposed on the community, its governmental
units, and its residents by preventing excessive development in areas
subject to flooding.
(e)
Comply with federal and state floodplain management requirements.
(2)
Applicability. It shall be unlawful for any person, partnership,
business or corporation to undertake, or cause to be undertaken, any
construction or development anywhere within the identified floodplain
area of the Township of East Caln unless a permit has been obtained
from the Floodplain Administrator.
(3)
Abrogation and greater restrictions. This section supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any of the provisions
of this section, the more restrictive shall apply.
(4)
Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this section shall be declared invalid for any reason
whatsoever, such a decision shall not affect the remaining portions
of the section, which shall remain in full force and effect, and for
this purpose the provisions of this section are hereby declared to
be severable.
(5)
Warning and disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
section is considered reasonable for regulatory purposes and is based
on accepted engineering methods of study. Larger floods may occur
or flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This section
does not imply that areas outside any identified floodplain areas,
or that land uses permitted within such areas, will be free from flooding
or flood damages.
(b)
This section shall not create liability on the part of the Township
of East Caln or any officer or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
C.
Administration.
(1)
Designation of the Floodplain Administrator.
(a)
The Township Zoning Officer is hereby appointed to administer
and enforce this section and is referred to herein as the Floodplain
Administrator. The Floodplain Administrator may 1) fulfill the duties
and responsibilities set forth in these regulations, 2) delegate duties
and responsibilities set forth in these regulations to qualified technical
personnel, plan examiners, inspectors, and other employees, or 3)
enter into a written agreement or written contract with another agency
or private sector entity to administer specific provisions of these
regulations at the direction of the Board of Supervisors. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 C.F.R. 59.22.
(b)
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Assistant
Township Zoning Officer.
(2)
Permits required. A permit shall be required before any construction
or development is undertaken within any identified floodplain area
of the Township of East Caln.
(3)
Duties and responsibilities of the Floodplain Administrator.
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended)[2]; the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended[3]); the Pennsylvania Clean Streams Act (Act 1937-394, as
amended)[4]; and the U.S. Clean Water Act, Section 404, 33, U.S.C.
1344. No permit shall be issued until this determination has been
made.
(c)
In the case of existing structures, prior to the issuance of
any development permit, the Floodplain Administrator shall review
the proposed cost of improvements or repairs and the preimprovement
market value of the structure so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
(d)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(e)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(f)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(g)
The Floodplain Administrator shall maintain in perpetuity, or
for the lifetime of the structure, all records associated with the
requirements of this section, including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
(h)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program as requested.
(i)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain ordinance as the Floodplain Administrator/Manager.
(j)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania.
(4)
Application procedures and requirements.
(a)
Application for such a permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by the Township of
East Caln. Such application shall contain the following:
[1]
Name and address of applicant.
[2]
Name and address of owner of land on which proposed construction
is to occur.
[3]
Name and address of contractor.
[4]
Site location, including address.
[5]
Listing of other permits required.
[6]
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred, where appropriate.
[7]
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(b)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
[1]
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
[2]
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
[3]
Adequate drainage is provided so as to reduce exposure to flood
hazards;
[4]
Structures will be anchored to prevent flotation, collapse,
or lateral movement;
[5]
Building materials are flood-resistant;
[6]
Appropriate practices that minimize flood damage have been used;
and
[7]
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(c)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
[1]
A completed permit application form.
[2]
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[a]
North arrow, scale, and date;
[b]
Topographic contour lines, if available;
[c]
The location of all existing and proposed buildings,
structures, and other improvements, including the location of any
existing or proposed subdivision and development;
[d]
The location of all existing streets, drives, and
other accessways; and
[e]
The location of any existing bodies of water or
watercourses, identified floodplain areas, and, if available, information
pertaining to the floodway and the flow of water, including direction
and velocities.
[3]
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
[a]
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum of 1988;
[b]
The elevation of the base flood;
[c]
Supplemental information as may be necessary under
34 Pa. Code, the 2009 IBC or the 2009 IRC, or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania.
[4]
The following data and documentation:
[a]
Detailed information concerning any proposed floodproofing
measures and corresponding elevations.
[b]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood.
[c]
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a floodway area (see Subsection D(2)(a)) will not increase the base flood elevation at any point.
[d]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway (see Subsection D(2)(b)) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
[e]
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the pressures,
velocities, impact and uplift forces associated with the base flood.
Such statement shall include a description of the type and extent
of floodproofing measures which have been incorporated into the design
of the structure and/or the development.
[f]
[g]
The appropriate component of the Department of
Environmental Protection's "Planning Module for Land Development."
[h]
Where any excavation or grading is proposed, a
plan meeting the requirements of the Department of Environmental Protection
to implement and maintain erosion and sedimentation control.
(d)
Applications for permits shall be accompanied by a fee, payable
to the municipality, based upon the estimated cost of the proposed
construction as determined by the Floodplain Administrator.
(5)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g. Planning Commission, Municipal Engineer, etc.) for review and
comment.
(6)
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
(7)
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard, or similar document, which shall be displayed
on the premises during the time construction is in progress. This
placard shall show the number of the permit, the date of its issuance,
and be signed by the Floodplain Administrator.
(8)
Start of construction.
(a)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance of the development permit
(which shall include, but is not limited to, a building or grading
permit). Work shall also be completed within 12 months after the date
of issuance of the permit or the permit shall expire unless a time
extension is granted, in writing, by the Floodplain Administrator.
The issuance of development permit does not refer to the zoning approval.
(b)
The "actual start of construction" means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
(c)
Time extensions shall be granted only if a written request is
submitted by the applicant, who sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request,
and the original permit is compliant with the ordinance and FIRM/FIS
in effect at the time the extension is granted.
(9)
Enforcement.
(a)
Notices. Whenever the Floodplain Administrator or other authorized
municipal representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
section, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
[1]
Be in writing;
[2]
Include a statement of the reasons for its issuance;
[3]
Allow a reasonable time, not to exceed a period of 30 days,
for the performance of any act it requires;
[4]
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state;
[5]
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this section.
(b)
Penalties. Any person, partnership or corporation who or which
has violated or permitted the violation of the provision of this section
shall, upon being found liable therefore in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. In default of such payment, such person
shall be imprisoned in County Prison for a period not to exceed 10
days. Each day during which any violation of this section continues
shall constitute a separate offense. In addition to the above penalties,
all other actions are hereby reserved, including an action in equity
for the proper enforcement of this section. The imposition of a fine
or penalty for any violation of, or noncompliance with, this section
shall not excuse the violation or noncompliance or permit it to continue.
All such persons shall be required to correct or remedy such violations
and noncompliance within a reasonable time. Any development initiated
or any structure or building constructed, reconstructed, enlarged,
altered, or relocated in noncompliance with this section may be declared
by the Board of Supervisors to be a public nuisance and abatable as
such.
(10)
Appeals.
(a)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
section may appeal to the Zoning Hearing Board. Such appeal must be
filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
D.
Identification of floodplain areas.
(1)
Identification.
(a)
The identified floodplain area shall be:
[1]
Any areas of Township of East Caln classified as special flood
hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued
by the Federal Emergency Management Agency (FEMA) or the most recent
revision thereof, including all digital data developed as part of
the Flood Insurance Study.
(b)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Township of East Caln and declared
to be a part of this section.
(2)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(a)
The floodway area shall be those areas identified in the FIS
and the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
[1]
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge.
[2]
Within any floodway area, no new construction or development
shall be allowed unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(b)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
[2]
AE Area without floodway shall be those areas identified as
an AE zone on the FIRM included in the FIS prepared by FEMA for which
base flood elevations have been provided but no floodway has been
determined.
[a]
No encroachments, including fill, new construction,
substantial improvements, or other development shall be permitted
in an AE Zone without floodway, unless it has been demonstrated through
hydrologic and hydraulic analysis performed in accordance with standard
engineering practice that the proposed development, together with
all other existing and anticipated development, would not result in
an increase in flood levels of more than one foot within the entire
community during the occurrence of the base flood discharge.
[b]
No new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank of
any watercourse, unless the appropriate permit is obtained from the
Department of Environmental Protection Regional Office.
(c)
A Area/District.
[1]
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
[2]
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the municipality. In the absence of any of the
above data or documentation, the community may require elevation of
the lowest floor to be at least three feet above the highest adjacent
grade.
(d)
The AO and AH Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
(3)
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data. See Subsection E(1)(b) for situations where FEMA notification is required.
(4)
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Township
of East Caln, and any party aggrieved by this decision or determination
may appeal to the Board of Supervisors. The burden of proof shall
be on the appellant.
(5)
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
E.
Technical provisions.
(1)
General.
(a)
Alteration or relocation of watercourse.
[1]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the municipality,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection Regional Office.
[2]
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
[3]
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(b)
When Township of East Caln proposes to permit the following
encroachments: any development that causes a rise in the base flood
elevations within the floodway; or any development occurring in Zones
A1-30 and Zone AE without a designated floodway, which will cause
a rise of more than one foot in the base flood elevation; or alteration
or relocation of a stream (including but not limited to installing
culverts and bridges), the applicant shall (as per 44 CFR 65.12):
[1]
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
[2]
Upon receipt of the FEMA Administrator's conditional approval
of map change and prior to approving the proposed encroachments, a
community shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
[3]
Upon completion of the proposed encroachments, the applicant
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR 67.
(c)
Any new construction, development, uses or activities allowed
within any identified floodplain area shall be undertaken in strict
compliance with the provisions contained in this section and any other
applicable codes, ordinances and regulations.
(d)
Within any identified floodplain area, no building or structure
shall be located within the area measured 50 feet landward from the
top-of-bank of any watercourse.
(2)
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Subsection H then the following provisions apply:
(a)
Residential structures.
[1]
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
[2]
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with Subsection D(2)(c) of this section.
[3]
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade at least as high as the depth number specified on the
FIRM.
[4]
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401 to 405, as amended) shall be utilized, where they are more restrictive.
(b)
Nonresidential structures.
[1]
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
[2]
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with Subsection D(2)(c) of this section.
[3]
In AO Zones, any new construction or substantial improvement
shall have their lowest floor elevated or completely floodproofed
above the highest adjacent grade to at least as high as the depth
number specified on the FIRM.
[4]
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards. There should be a statement submitted
with the permit application and a statement submitted with the as-built
floodproofing certificate prior to the issuance of the certificate
of occupancy.
[5]
Any nonresidential structure that will be floodproofed must
submit the following to the Floodplain Administrator along with the
nonresidential floodproofing certificate and prior to the issuance
of the certificate of occupancy:
[a]
An inspection and maintenance plan detailing the
annual maintenance of floodproofed components, ensuring that all components
will operate properly under flood conditions. Components that must
be inspected include at a minimum:
[b]
A flood emergency operation plan detailing the
procedures to be followed during a flooding event, and must include
information pertaining to how all components will operate properly
under all conditions, including power failures. The design professional
must produce the plan. An adequate plan must include the following:
[i]
An established chain of command and responsibility
with leadership responsibilities clearly defined for all aspects of
the plan.
[ii]
A procedure for notification of necessary parties
when flooding threatens and flood warnings are issued. Personnel required
to be at the building should have a planned and safe means of ingress
and should have no other emergency response duties during a flood
event. Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan.
[iii]
A list of specific duties assigned to ensure
that all responsibilities are addressed expeditiously. The locations
of materials necessary to properly install all floodproofing components
must be included in the list.
[iv]
An evacuation plan for all personnel or occupants;
those without duties for the flood emergency as well as those with
duties for implementing the plan. All possible ingress and egress
routes must be identified.
[v]
A periodic training and exercise program to keep
personnel and occupants aware of their duties and responsibilities.
Training drills should be held at least once a year and should be
coordinated with community officials.
[6]
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the latest revision thereof as adopted by
the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters
401 to 405, as amended) shall be utilized, where they are more restrictive.
(c)
Space below the lowest floor.
[1]
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement, shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
[2]
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space installed on two separate walls.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(d)
Historic structures. Historic structures undergoing repair or
rehabilitation that would constitute a substantial improvement, as
defined in this section, must comply with all ordinance requirements
that do not preclude the structure's continued designation as an historic
structure. Documentation that a specific ordinance requirement will
cause removal of the structure from the National Register of Historic
Places or the State Inventory of Historic Places must be obtained
from the Secretary of the Interior or the State Historic Preservation
Officer. Any exemption from ordinance requirements will be the minimum
necessary to preserve the historic character and design of the structure.
(e)
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
[1]
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
[2]
Floor area shall not exceed 200 square feet.
[3]
The structure will have a low damage potential.
[4]
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
[5]
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
[6]
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc. are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
[a]
A minimum of two openings having a net total area
of not less than one square inch for every square foot of enclosed
space.
[b]
The bottom of all openings shall be no higher than
one foot above grade.
[c]
Openings may be equipped with screens, louvers,
etc., or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters.
[9]
For accessory structures that are 200 square feet or larger in area (footprint) and that are below the base flood elevation, a variance is required as set forth in Subsection H. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
[10]
Prohibit the storage of hazardous materials in
accessory structures.
(3)
Design and construction standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(a)
Fill. Within any identified floodplain area the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection H, then the following provisions apply:
[1]
If fill is used, it shall:
[a]
Extend laterally at least 15 feet beyond the building
line from all points;
[b]
Consist of soil or small rock materials only; sanitary
landfills shall not be permitted;
[c]
Be compacted to provide the necessary permeability
and resistance to erosion, scouring, or settling;
[d]
Be no steeper than one vertical to two horizontal
feet unless substantiated data justifying steeper slopes are submitted
to and approved by the Floodplain Administrator; and
[e]
Be used to the extent to which it does not adversely
affect adjacent properties.
(b)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets, and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
(c)
Water and sanitary sewer facilities and systems.
[1]
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of floodwaters.
[2]
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
[3]
No part of any on-site waste disposal system shall be located
within any identified floodplain area.
[4]
The design and construction provisions of the UCC and FEMA No.
348, "Protecting Building Utilities From Flood Damages" and "The International
Private Sewage Disposal Code" shall be utilized.
(d)
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(e)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(f)
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in Subsection E(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(g)
Placement of buildings and structures. All buildings and structures
shall be designed, located, and constructed so as to offer the minimum
obstruction to the flow of water and shall be designed to have a minimum
effect upon the flow and height of floodwater.
(h)
Anchoring.
[1]
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
[2]
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(i)
Floors, walls and ceilings.
[1]
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring
perpendicular to the flooring grain without causing structural damage
to the building.
[2]
Plywood used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
[3]
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
[4]
Windows, doors, and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(j)
Paints and adhesives.
[1]
Paints and other finishes used at or below the regulatory flood
elevation shall be of marine or water-resistant quality.
[2]
Adhesives used at or below the regulatory flood elevation shall
be of a marine or water-resistant variety.
[3]
All wooden components (doors, trim, cabinets, etc.) used at
or below the regulatory flood elevation shall be finished with a marine
or water-resistant paint or other finishing material.
(l)
Equipment.
[1]
Water heaters, furnaces, air conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus,
shall not be located below the regulatory flood elevation and shall
be anchored to resist flotation, collapse, and lateral movement.
[2]
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
(m)
Fuel supply systems. All gas and oil supply systems shall be
designed to prevent the infiltration of floodwaters into the system
and discharges from the system into floodwaters. Additional provisions
shall be made for the drainage of these systems in the event that
floodwater infiltration occurs.
(n)
Uniform Construction Code coordination. The Standards and Specifications
contained in 34 Pa. Code (Chapters 401 to 405), as amended, and not
limited to the following provisions shall apply to the above and other
subsections of this section, to the extent that they are more restrictive
and supplement the requirements of this section.
[1]
International Building Code (IBC) 2009 or the latest revision
thereof as adopted by the Commonwealth of Pennsylvania: Secs. 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
[2]
International Residential Building Code (IRC) 2009 or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania: Secs.
R104, R105, R109, R322, Appendix E, and Appendix J.
(4)
Development which may endanger human life. Within any identified
floodplain area, any structure of the kind described in Subsection
(a) below shall be prohibited. No variance shall be granted.
(a)
In accordance with the Pennsylvania Flood Plain Management Act,[7] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which: 1) will be used for the production or storage
of any of the following dangerous materials or substances; or 2) will
be used for any activity requiring the maintenance of a supply of
more than 550 gallons, or other comparable volume, of any of the following
dangerous materials or substances on the premises; or 3) will involve
the production, storage, or use of any amount of radioactive substances
shall be prohibited. The following list of materials and substances
are considered dangerous to human life;
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides (including insecticides, fungicides,
and rodenticides).
[18]
Radioactive substances, insofar as such substances
are not otherwise regulated.
[7]
Editor's Note: See 32 P.S. § 679.101 et seq.
(5)
Special requirements for subdivisions and development. All subdivision
proposals and development proposals containing at least 50 lots or
at least five acres, whichever is the lesser, in identified floodplain
areas where base flood elevation data are not available shall be supported
by hydrologic and hydraulic engineering analyses that determine base
flood elevations and floodway information. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA for
a conditional letter of map revision (CLOMR) and letter of map revision
(LOMR). Submittal requirements and processing fees shall be the responsibility
of the applicant.
(6)
Special requirements for manufactured homes.
(a)
Within any identified floodplain area, manufactured homes shall
be prohibited. No variance shall be granted.
F.
Prohibited activities.
(1)
General. In accordance with the administrative regulations promulgated
by the Department of Community and Economic Development to implement
the Pennsylvania Flood Plain Management Act,[8] the following activities shall be prohibited within any
identified floodplain area:
(a)
All structures and buildings, with the exception of flood retention
dams, culverts, and bridges as approved by the Commonwealth of Pennsylvania,
Department of Environmental Resources, Bureau of Dams and Encroachments.
(b)
The commencement of any of the following activities; or the
construction, enlargement, or expansion of any structure used, or
intended to be used, for any of the following activities:
[1]
Hospitals.
[2]
Nursing homes.
[3]
Jails or prisons.
[4]
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision, or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
[5]
Landfill, dump, junkyard, outdoor storage of vehicles and/or
materials and paved or all-weather parking lot.
[6]
On-site sewage disposal systems.
[8]
Editor's Note: See 32 P.S. § 679.101 et seq.
G.
Existing structures in identified floodplain areas.
(1)
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection G(2) shall apply.
(2)
Improvements. The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(a)
No expansion or enlargement of an existing structure shall be
allowed within any Floodway Area/District that would cause any increase
in BFE.
(b)
No expansion or enlargement of an existing structure shall be
allowed within an AE Area/District without floodway that would, together
with all other existing and anticipated development, increase the
BFE more than one foot at any point.
(c)
Any modification, alteration, reconstruction, or improvement
of any kind to an existing structure to an extent or amount of 50%
or more of its market value shall constitute a substantial improvement
and shall be undertaken only in full compliance with the provisions
of this section.
(d)
The above activity shall also address the requirements of the
34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or most
recent revision thereof as adopted by the Commonwealth of Pennsylvania.
(e)
Within any floodway area/district (see Subsection D(2)(a)), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(f)
Within any AE Area/District without floodway (see Subsection D(2)(b)), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
H.
Variances.
(1)
General. If compliance with any of the requirements of this section
would result in an exceptional hardship to a prospective builder,
developer or landowner, the Township of East Caln Zoning Hearing Board
may, upon request, grant relief from the strict application of the
requirements.
(2)
Variance procedures and conditions.
(a)
Requests for variances shall be considered by the Township of East Caln Zoning Hearing Board in accordance with the procedures contained in Subsection C(10) and the following:
[1]
No variance shall be granted for any construction, development,
use, or activity within any floodway area/district that would cause
any increase in the BFE.
[2]
No variance shall be granted for any construction, development,
use, or activity within any AE Area/District without floodway that
would, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
[3]
No variances shall be granted for a proposed accessory structure
that exceeds 600 square feet in size. A signed nonconversion agreement
is required as a condition of receiving the variance.
[5]
If granted, a variance shall involve only the least modification
necessary to provide relief.
[6]
In granting any variance, the Township of East Caln Zoning Hearing
Board shall attach whatever reasonable conditions and safeguards it
considers necessary in order to protect the public health, safety,
and welfare, and to achieve the objectives of this section.
[8]
In reviewing any request for a variance, the Township of East
Caln Zoning Hearing Board shall consider, at a minimum, along with
the requirements set forth in the Municipalities Planning Code,[9] the following:
[a]
That there is good and sufficient cause.
[b]
That failure to grant the variance would result
in exceptional hardship to the applicant.
[c]
That the granting of the variance will:
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
A complete record of all variance requests and related actions
shall be maintained by the Township of East Caln Zoning Hearing Board.
In addition, a report of all variances granted during the year shall
be included in the annual report to the FEMA.
(b)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the one-percent-annual-chance flood.
I.
Definitions.
(1)
General. Unless specifically defined below, words and phrases used
in this section shall be interpreted so as to give this section its
most reasonable application.
(2)
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COMMUNITY
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURES
(a)
(b)
(c)
(d)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VARIANCE
VIOLATION
Specific definitions. As used in this section, the following terms
shall have the meanings indicated:
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
Any area of the building having its floor below ground level
on all sides.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
As used in this section, refers to the Township of East Caln.
A form signed by the property owner to agree not to convert
or modify, in any manner that is inconsistent with the terms of the
permit and these regulations, certain enclosures below the lowest
floor of elevated buildings and certain accessory structures. The
form requires the owner to record it on the property deed to inform
future owners of the restrictions.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
A temporary inundation of normally dry land areas.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior;
or
Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See Subsections D(1) and (2) for the specifics on what areas the community has included in the identified floodplain area.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant, partially enclosed area
used solely for parking of vehicles, building access, and incidental
storage in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this section.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after September 29, 2017, and includes any subsequent improvements
to such structures. Any construction started after September 30, 1980,
and before September 29, 2017, is subject to the ordinance in effect
at the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated September 30, 1980, whichever
is later, and, as such, would be required to be compliant with the
regulations of the National Flood Insurance Program.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM), dated September 30, 1980,
whichever is later, and, as such, would not be required to be compliant
with the regulations of the National Flood Insurance Program.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet. The freeboard safety factor also applies to utilities
and ductwork.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days after the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The "actual start" means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home.
The division or re-division of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
regardless of the actual repair work performed. The term does not,
however, include any project for improvement of a structure to correct
existing violations of state or local health, sanitary, or safety
code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living
conditions.
The statewide building code adopted by The Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
A grant of relief by a community from the terms of a floodplain management regulation pursuant to the procedures in this section and Chapter 225, Zoning.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
Subject to the requirements of Article VIII of this chapter the Zoning Hearing Board may allow as special exception the conversion of a single-family dwelling into a dwelling for a greater number of families, subject to the following requirements:
A.
A petition in favor of such exception is filed with
the Zoning Hearing Board signed by the owners of 60% or more of the
frontage on the same street within 1,000 feet of the designated lot.
B.
No dwelling unit shall have less than 800 square feet
of floor area.
C.
The lot area per dwelling unit is not reduced below
that required by this chapter for the district in which the designated
lot is located.
D.
The yard and building area requirements for the district
in which the building is located shall not be reduced.
E.
There is no external alteration of the building except
as may be necessary for reasons of safety. Fire escapes and outside
stairways shall, where practicable, be located to the rear of the
building.
F.
The Zoning Hearing Board shall specify the maximum
number of families permitted to occupy such building, and may prescribe
to occupy such building, and may prescribe such further conditions
and restrictions as the Zoning Hearing Board may consider appropriate.
G.
The off-street parking requirements of this chapter,
or any other arrangements as deemed appropriate by the Zoning Hearing
Board, are met.
H.
The conversation shall be authorized only for a large
dwelling with relatively little economic usefulness as a conforming
use, or for any other arrangement, which may be deemed appropriate
by the Zoning Hearing Board.
[Amended 12-4-1996 by Ord. No. 1996-7; 6-18-1997
by Ord. No. 1997-1]
A.
Purpose statement. It is the purpose of this section
to:
(1)
Provide for signs as a means of effective visual communications.
(2)
Promote the Township's adopted comprehensive planning
and zoning objectives.
(3)
Assure the compatibility of signs with land use and
buildings in the vicinity of the sign and in the community as a whole.
(4)
Reduce hazards to pedestrian and vehicle traffic by
controlling the size, location and illumination of signs.
(5)
Encourage signs which are well designed and pleasing
in appearance, while providing for incentive and latitude for variety,
in order to enhance the economic value of the community.
(6)
Establish criteria designed to encourage signs which
are compatible with their surroundings.
(7)
Otherwise promote the public health, safety, morals
and general welfare of the community.
(8)
Regulate the use of signs through a sign permitting
process.
(9)
Enable the fair and consistent enforcement of these
sign regulations.
B.
ABANDONED SIGN
BILLBOARD
BUILDING FRONTAGE
BUILDING SIGN
BUSINESS SIGN
CHANGEABLE DISPLAY SIGN
FREESTANDING SIGN
HOME OCCUPATION SIGN
MARQUEE SIGN
MULTIPLE COMMERCIAL USE SIGN
OFF-PREMISES SIGN
PEDESTRIAN CONCOURSE SIGN
RESIDENTIAL DEVELOPMENT SIGN
SIGN
TOURIST-ORIENTED DIRECTIONAL SIGNING (TODS)
WINDOW SIGN
Definitions. The following terms shall have the meanings
herein indicated whenever they appear in this section:
Any sign located on and/or related to the use of a property
which becomes vacant and unoccupied for a period of six months or
more, any sign erected for an occupant or business which has moved
or gone out of business or any sign which relates to a time, event
or purpose which is past.
[Added 12-19-2012 by Ord. No. 2012-07]
The face of a building that fronts on a public street. In
the case of a building that fronts on more than one public street,
the building frontage is each face of the building fronting on a public
street. In cases where a building does not front on a public street,
the building frontage is the face of the building where the principal
entrance to the building is located.
[Added 1-18-2012 by Ord. No. 2012-01]
A business sign attached to or painted on a building. A building
sign shall not include a window sign or a pedestrian concourse sign.
[Amended 1-18-2012 by Ord. No. 2012-01]
A sign that directs attention to any nonresidential use or
activity, but not including a home occupation sign or marquee sign.
[Amended 1-18-2012 by Ord. No. 2012-01]
Any sign capable of changes in the signage display without
physical alteration of the sign, including without limitation, LED
displays.
[Added 9-21-2011 by Ord. No. 2011-05]
A business sign no attached to or painted on a building.
A sign providing information about a business activity conducted
within a single-family dwelling unit.
A permanent sign located over the outside main entrance of
a theater to provide a listing of the current attractions.
A sign at the entrance to a nonresidential development such
as a shopping center, office complex or industrial park which has
the sole purpose of identifying the development and the occupants
therein.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization or business that
is primarily offered at a location other than the lot upon which the
sign is located.
[Added 12-19-2012 by Ord. No. 2012-07]
A fixed sign attached to or suspended from the ceiling of
the concourse or a support thereof within a major retail development
(MRD) or a shopping center development (SCD) for the purpose of individually
identifying each of the occupants of the premises to pedestrians using
the concourse. Such signs shall be securely mounted to prevent movement
from the effects of wind or otherwise.
[Added 1-18-2012 by Ord. No. 2012-01]
A sign at the entrance to a residential development which
has the sole purpose of identifying the development.
A device for visual communication that is used to bring the
subject to the attention of the public. Signs shall include: lettering,
logos, trademarks or other symbols which are an integral part of the
architectural design of a building, which are affixed to a building,
or which are located elsewhere on the premises; signs affixed to windows
or glass doors or otherwise mounted such that they are obviously intended
to be seen and understood by vehicular or pedestrian traffic outside
the building; flags and insignia of civic, charitable, religious,
fraternal, patriotic or similar organizations; architectural features
which may be identified with a particular business or activity; insignia
of government or government agencies; banners, streamers, pennants,
spinners, reflectors, ribbons, tinsel and similar materials and inflatable
objects. Signs do not include signs within a building which are obviously
intended to be seen primarily from within the building; flags of the
United States, flags of the United States armed services, flags of
the Commonwealth of Pennsylvania, flags of government or government
agencies; parking, public safety or traffic directional markings as
duly approved by the Zoning Officer; and displays of merchandise behind
store windows.
[Amended 10-3-2012 by Ord. No. 2012-06]
A Pennsylvania Department of Transportation policy to establish
guidelines for the installation of signs within state highway rights-of-way
to guide travelers to businesses, services, and attractions in which
the traveling public would have a reasonable interest. These guidelines
include the eligibility, location, design, installation, cost, and
maintenance of these signs, which will be referred to as "TODS," or
any like successor program.
[Added 9-20-2006 by Ord. No. 2006-02]
Any sign affixed to, painted to, or visible through a storefront
window facing the outside or otherwise mounted such that it is obviously
intended to be seen and understood by vehicular and/or pedestrian
traffic outside the building and which is to be used for advertising
purposes. A "storefront window" shall be defined as a window on the
same side of the building where the main door to the establishment
is located, or a window that is located in the main door to an establishment,
or a door made of glass, or such window or door in the side of a building
that faces a public street, right-of-way, or common parking lot. Hours
of operation shall not be considered a window sign, provided that
the area of such hours is no greater than one square foot.
[Added 1-18-2012 by Ord. No. 2012-01]
C.
General regulations. The following regulations shall
be observed in all districts:
(1)
No sign which emits smoke, visible vapors or particles,
sound or odor shall be permitted.
(2)
No artificial light or reflecting device shall be
used as a part of a sign where such light or device interferes with,
competes for attention with, or may be mistaken for a traffic signal.
(4)
Every sign permitted shall be constructed of durable
material and kept in good repair. In addition to any other remedies
available to the Township, any sign which is allowed to become dilapidated
may be removed by the Township at the expense of the owner or lessee
of the property on which such sign is located or the sign permittee.
(5)
All distances provided for in this section shall be
measured along straight lines from/to the nearest edge of any sign
or sign structure. This paragraph shall apply in all cases including
locating new signs in relationship to currently existing conforming
and nonconforming signs.
(6)
A permit shall be obtained before erecting any sign authorized by these regulations. No other signs, except temporary signs authorized by § 225-26, shall be erected.
(7)
No portion of a sign may scroll, flash, scintillate,
oscillate, blink or otherwise give the appearance of movement or variation
in display. Such signs shall be considered animated signs and are
prohibited.
[Amended 1-18-2012 by Ord. No. 2012-01]
(8)
No sign shall be erected as to obstruct the clear
sight triangle of any intersection or driveway or any traffic control
device.
(9)
No sign shall be erected within the right-of-way of
any public street or road.
(10)
Illuminated signs.
[Added 1-18-2012 by Ord. No. 2012-01]
(a)
Sign illumination can be from either an internal or external light
source.
(b)
Shielding. Signs illuminated by an internal or external light source
shall be shielded so no direct or indirect light will shine on abutting
properties or in the normal line of vision of the public using the
street.
(c)
A light illuminating a sign shall be arranged so that the source
of the light is not visible from any point off the lot and only the
sign is illuminated.
(d)
No sign shall be illuminated by flashing, intermittent, or animated
lighting.
(e)
No sign shall be internally illuminated by incandescent light bulbs.
(f)
Illuminated signs shall only be permitted in a Residential District
by conditional use approval.
(g)
All light sources must not be of such intensity or brilliance as
to cause glare or otherwise impair the vision of the driver of any
motor vehicle or otherwise interfere with any driver's operation of
a motor vehicle.
(h)
No more than 1/2 footcandle of light from any illuminated sign shall
be detectable along the boundary of any adjacent property.
[Added 10-3-2012 by Ord. No. 2012-06]
D.
Sign permits.
(1)
Application for sign permits shall be filed in duplicate
and on forms furnished by the Township and shall be accompanied by
detailed drawings and specifications and such other information deemed
necessary by the Zoning Officer to determine the location and details
of construction of such sign.
E.
Abandoned signs.
(1)
No person shall maintain or permit to be maintained
on any premises owned or controlled by him, a sign which has been
abandoned. Any abandoned sign shall be removed within 30 days of the
date of abandonment and the site restored to its original condition.
(2)
After 30 days after the abandonment date, in addition
to any other remedies available to the Township, the Township may
remove the abandoned sign at the expense of the owner or lessee of
the property on which the sign is located or the sign permittee.
F.
Sign area and height. The following shall apply when
interpreting the area and height regulations of this section:
(1)
Area. The area of a sign shall be the area of a rectangle
that will encompass all elements of the sign, including all letters,
figures, symbols, designs or other display.
(a)
When the sign is a separate unit, the area shall
include any borders, framing, trim, decorative attachments, backgrounds
and space between elements; it shall not include any supporting structure(s)
for the sign unless such structure is illuminated, is in the form
of a symbol or contains advertising elements.
(b)
When the sign is painted on a wall or otherwise
has no definable edges, the area shall include the rectangle which
contains all color, artwork or other means used to differentiate the
sign from the surface upon which it is placed.
(2)
Height. Except for building sings, the height of a
sign shall be measured from the average ground level beneath the sign
to the highest point of the sign or supporting structure. The ground
level shall be the lower of the ground level existing to any earth
disturbance at the site. This prior ground level may be established
by any reliable source including, without limitation, existing topographic
maps, aerial photographs, photographs of the site or affidavits of
people who are personally familiar with the site. No person(s) shall
artificially increase the maximum height of a sign by altering the
grade at the base of the sign by any means.
G.
Freestanding signs.
(1)
Freestanding signs shall be located at least 10 feet
from any side lot line and at least the height of the sign and supporting
structure from the street line.
(2)
Freestanding signs shall be erected only within the
front yard of the lot on which they are located.
(3)
Freestanding signs on the same lot shall not be spaced
closer to each other than a distance equal to 10 times the largest
dimension (height or width) of the sign and supporting structure having
the largest dimension.
(4)
The maximum area of a freestanding sign shall not
exceed 20 square feet.
(5)
The maximum height of a freestanding sign shall not
exceed eight feet.
H.
Building signs.
(1)
A building sign shall not exceed two square feet in
total area for each linear foot of building wall or section of wall
on which the sign is erected.
(2)
The maximum width of any building sign shall be 30
feet or 40% of the width of the wall or section of wall on which the
sign is erected, whichever is smaller.
(3)
The maximum height of a building sign shall be as
follows:
(4)
Building signs may be located at any elevation on
the wall or section of wall on which they are erected, provided that
they shall not extend higher than the top of the wall at any point.
(5)
Building signs shall be installed parallel to the
supporting wall and shall project not more than 10 inches from the
face of the wall.
(6)
If a building sign is to be illuminated, it shall
only be illuminated from an internal light source.
[Amended 1-18-2012 by Ord. No. 2012-01]
I.
Business signs.
(1)
All business signs shall comply with the freestanding
and building sign regulations of this section.
(2)
No business sign shall be erected on a lot other than
to advertise a business or articles or merchandise for sale on the
same lot; however, at the discretion of the Board of Supervisors,
where two or more commercial parcels share a common access drive,
and one of the parcels is located along a principal or minor arterial
road, the permitted freestanding sign located along the arterial road
may include off-site advertising for the other businesses that share
the common access drive, provided that:
[Amended 1-18-2012 by Ord. No. 2012-01]
(a)
The freestanding sign with the off-site advertising shall be located
along the arterial road.
(b)
The maximum height of the freestanding sign along the arterial road
shall not exceed 14 feet.
(c)
The maximum area for the on-site advertising portion of the sign
shall not exceed 20 square feet.
(d)
The maximum area for the off-site advertising portion of the sign
shall not exceed 15 square feet.
(e)
The off-site advertising portion of the sign shall only include the
name of the development; individual business names shall not be permitted.
(f)
If a sign is provided pursuant to this subsection, the freestanding sign permitted on the adjacent parcel(s) that share the common access drive shall be subject to the regulations in Subsection G, Freestanding signs, and the provisions of Subsection J, Multiple commercial use sign, shall not be applicable, regardless of the number of occupants.
(3)
One freestanding sign shall be permitted per parcel,
and one building sign per permitted principal use shall be permitted.
At the discretion of the Board of Supervisors, when a freestanding
building has building frontage on more than one street, a second building
sign shall be permitted.
[Amended 1-18-2012 by Ord. No. 2012-01]
J.
Multiple commercial use sign.
(1)
A multicommercial development with at least six occupants shall be permitted one multiple commercial use sign. If such development abuts two public roads, a second multiple commercial use sign may be permitted as a special exception by the Zoning Hearing Board subject to the provisions of Article VIII of this chapter.
(2)
No freestanding sign shall be erected or maintained
on any lot where a multiple commercial use sign is erected.
(3)
The maximum area of a multiple commercial use sign
shall not exceed 150 square feet.
(4)
The maximum height of a multiple commercial use sign
shall not exceed 20 feet.
(5)
The name of the multicommercial development shall
encompass at least 40% of the multiple commercial use sign area. The
remaining 60% shall be divided among the occupants of the development
who desire to use such space, however the sign space of any one occupant
shall not exceed 20 square feet. The entire sign shall present a uniform,
consistent appearance.
(6)
Multiple commercial use signs shall be located at
least 25 feet from any side lot line and at least the height of the
sign from the street line.
(7)
Multiple commercial use signs shall be located adjacent
to the public road(s) serving the multicommercial development.
K.
Residential development sign.
(1)
A residential development sign shall be permitted
for each residential subdivision or multifamily land development which
has at least 10 dwelling units. If such residential development utilizes
two or more roads for access, a second residential development sign
shall be permitted.
(2)
The maximum area of a residential development sign
shall not exceed 50 square feet.
(3)
The maximum height of a residential development sign
shall not exceed six feet.
(4)
Residential development signs shall be located adjacent
to the primary access drive(s) to the residential development.
L.
Home occupation sign.
(1)
A home occupation permitted as a special exception
by the Zoning Hearing Board shall be permitted one home occupation
sign located on the same lot.
(2)
A home occupation sign shall not exceed six square
feet in area.
(3)
A freestanding home occupation sign shall not exceed
three feet in height, including the supporting structure.
(4)
A freestanding home occupation sign shall be erected
only within the front yard of the lot on which it is located and shall
be located at least 10 feet from any side yard lot line.
M.
Marquee sign.
(1)
A theater shall be permitted one marquee sign in addition
to one building sign.
(2)
The face of the marquee sign which shall contain the
listing of the current attractions shall be parallel to the wall of
the building where the main entrance is located.
(3)
The maximum height of a marquee sign shall be 10 feet,
from top of sign to bottom of sign.
(4)
The maximum width of a marquee sign shall be 35 feet
or 40% of the width of the wall on which the marquee sign is located,
whichever is smaller.
(5)
The marquee sign may be located over the main theater
entrance at any elevation on the wall or section of the wall on which
it is located, provided that it shall not extend higher than the top
of the wall at any point.
(6)
A marquee sign that is illuminated shall only be internally
illuminated with no flashing lights. No exposed source of light, bulbs
or tubes shall be permitted.
(7)
A marquee sign shall contain only two colors, white
for the background and black for the lettering.
N.
Tourist-oriented directional signing (TODS).
[Added 9-20-2006 by Ord. No. 2006-02]
(1)
TODS shall be permitted only with the approval of
the Board of Supervisors.
(2)
Eligible uses shall include those under TODS (or its
successor program).
(3)
The applicant must submit an official Pennsylvania
Department of Transportation application showing the location of the
sign(s), the size of the sign(s), and the wording on the sign(s).
(4)
Any conflict with other portions of the Sign Ordinance
shall be superseded by this section.
(5)
The Zoning Officer shall review the application and
forward his comments to the Board of Supervisors and issue a permit
for said sign(s) upon the approval of the application by the Board
of Supervisors.
O.
Changeable
display signs.
[Added 9-21-2011 by Ord. No. 2011-05]
(1)
Changeable
display signs are prohibited except as expressly provided below.
(2)
Changeable
display signs shall comply with all applicable general signage and
zoning district regulations of this chapter or as otherwise lawfully
permitted.
(3)
Changeable
displays shall only be utilized as a component of a commercial use
freestanding sign or a multiple commercial use sign.
(4)
Changeable
displays shall only be located on property frontage along East Lancaster
Avenue, Quarry Road, Boot Road and in the OC-1 Zoning District only
along Uwchlan Avenue.
[Amended 12-17-2014 by Ord. No. 2014-04]
(5)
Changeable displays shall be limited to text in the form of letters
and numbers, and may include a single image. Changeable displays shall
not otherwise include pictures, images or videos.
[Amended 4-19-2017 by Ord. No. 2017-01]
(6)
Changes
in the signage display shall be instantaneous and shall not scroll,
flash, scintillate, oscillate, blink or otherwise give the appearance
of movement or other variation in display.
(7)
Changes
in the signage display shall include the entire display such that
different portions of the display are not changing at different times.
(8)
Changes
in the sign display shall not occur more frequently than once every
60 seconds between 6:00 a.m. and 10:00 p.m.; and the sign display
shall remain static (not change at all) between 10:00 p.m. and 6:00
a.m., or be turned off.
[Amended 12-17-2014 by Ord. No. 2014-04; 4-19-2017 by Ord. No. 2017-01]
(9)
Signage display luminance shall be limited to 7,000 nits (candela
per square meter) between sunrise and sunset and up to 250 nits (candela
per square meter) during nighttime hours (sunset to sunrise). Signs
must employ light-sensing devices or other devices or controls that
can automatically adjust the brightness of the display within the
limits described herein and also respond appropriately by adjusting
to daily ambient light conditions.
[Amended 4-19-2017 by Ord. No. 2017-01]
(10)
No light source for any changeable display sign shall constitute
a nuisance or safety hazard.
(11)
No more than 1/2 footcandle of light from the sign shall be detectable
along the boundary of any adjacent property.
(12)
Changeable display signs shall be subject to the building and electrical
codes of East Caln Township.
(13)
Changeable display signs may be used for public service and community
announcements, but shall not be used for off-premises advertising.
(14)
A nonconforming sign shall not be converted to, adapted, repurposed
or otherwise approved as a changeable display sign unless it is modified
to conform with the applicable regulations of the Zoning Ordinance.
[Added 12-17-2014 by Ord. No. 2014-04]
(15)
Changeable display signs shall be required to coordinate/permit
message access for local, regional, state and national emergency services
during emergency situations. Emergency messages are not required to
conform to message standards listed herein.
[Added 4-19-2017 by Ord.
No. 2017-01]
P.
Window
signs.
[Added 1-18-2012 by Ord. No. 2012-01]
(1)
Individual
window signs shall not exceed 30% of the glazed area of the window
the sign is located on.
(2)
The
total area of all window signs shall not exceed 20% of the total glazed
area of all windows located on the building frontage, provided that
the total area of all window signs (per building or storefront) shall
not exceed 40 square feet in area, whichever is less.
(3)
Window
panels separated by muntins or mullions shall be considered as one
continuous window area for the purpose of calculating the glazed area
of a window.
(4)
Window
signs shall not be used in a residential dwelling to promote any nonresidential
use or product unless such residence is zoned for commercial use,
such product or business is located on said lot, and a commercial
certificate is obtained by the owner/occupant.
(5)
No
lights shall be installed for the primary purpose of illuminating
window signs.
Q.
Billboards.
[Added 12-19-2012 by Ord. No. 2012-07]
(1)
Purpose. It shall be the purpose of this section to provide opportunities
for outdoor advertising through the use of billboards by conditional
use to:
(a)
Support the First Amendment rights of advertisers to promote
legal products and services while retaining the sense of community
and protecting the character of the Township.
(b)
Ensure that billboards are provided for in the Township and
located safely and appropriately where it can be viewed by the traveling
public with the least distraction and degradation in driving performance.
(c)
Place reasonable limits on billboards within the Township.
(d)
Provide a timely and effective means for emergency and public
service dissemination of information.
(e)
Promote quality, appearance and safety of billboards through
the use of the latest technology.
(2)
Standards. Billboards are prohibited except as expressly provided
below.
(a)
Billboards authorized herein shall not be considered changeable
display signs as otherwise permitted and regulated by the Code of
the Township of East Caln.
(b)
One billboard is permitted by conditional use approval from
the East Caln Township Board of Supervisors, in addition to other
signs which may be permitted by this chapter, on all commercial and
industrial properties located in the NR-4, OC-2, OC-3, and OC-5 Zoning
Districts which have frontage on State Route 30 (Exton Bypass/Coatesville-Downingtown
Bypass [S.R. 6030]).
(c)
All billboards shall be stationary and utilize digital technology
to produce static images which may be changeable via a central processing
unit. Billboards shall not scroll, flash, scintillate, oscillate,
blink or otherwise give the appearance of movement or other variation
in display. Conventional billboards requiring the physical placement
of printed content shall not be permitted.
(d)
All billboards shall be internally lit. No exterior lighting
shall be permitted, except in connection with safety or maintenance
and as approved by the Township. Illumination of billboard signs shall,
at a minimum, follow the standards and requirements of the Illuminating
Engineering Society of North America (IESNA) and shall be subject
to review and approval by the Township.
(e)
Changes in the signage display shall not occur more frequently
than once every 30 seconds. Changes in the signage display shall include
the entire display such that different portions of the display are
not changing at different times. Messages may change immediately or
fade in or out only.
(f)
Only one different advertisement, display, or message may appear
on a billboard face at any one time. When a billboard has two sides,
each of the two sides of a billboard may contain a separate advertisement.
(g)
Billboards may have not more than two sign faces of equal size,
rectangular shape and dimension.
(h)
The maximum sign face size shall be 240 square feet; inclusive
of any border and trim, but excluding the base or apron, supports
and other structural members. Extensions, projections and/or add-ons
beyond the rectangular perimeter face of the sign are prohibited.
(i)
Each face of a billboard shall be demonstrated to be oriented
toward the road upon which the billboard fronts or faces to cause
the least impact upon neighboring properties.
(j)
Billboards shall be adequately screened, to the satisfaction
of the Township, whenever a billboard is visible from a residential
district or use.
(k)
Billboards shall be freestanding and self-supporting. No part
or portion of a billboard shall be attached or connected to any other
building or structure. All utilities serving the billboard shall be
located belowground.
(l)
There shall be no objects or other structures attached to a
Billboard or its structure except as may be necessary for the proper
and safe operation and maintenance of the Billboard.
(m)
Billboards shall be properly and adequately secured to prevent
unauthorized access.
(n)
Billboards, including support structures, shall be properly
and regularly maintained and shall at all times be kept in a safe
and operational manner.
(o)
Billboards shall not exceed a maximum overall height of 25 feet
above the center line of the adjacent roadway.
(p)
No portion of the billboard shall be located closer than 20
feet to the ultimate right-of-way line of S.R. 6030 or a side property
line; nor farther away than 60 feet from the ultimate right-of-way
line of S.R. 6030.
(q)
Billboards shall not be located closer than 2,000 linear feet
on the same side of the roadway or 1,000 linear feet on the opposite
side of the roadway from Billboard as measured along the right-of-way
line.
(r)
Billboards shall not be located closer than 500 feet from any
dwelling unit.
(s)
Billboards shall be located, constructed and maintained in accordance
with all applicable Pennsylvania Department of Transportation regulations.
(t)
Notwithstanding Subsection Q(2)(s) above, no billboard shall be located within the safe clear sight distance or safe stopping distance of an intersection, which distance shall be determined in accordance with applicable PA DOT standards; and no part of a billboard shall interfere with or obstruct vehicle traffic, travel or ingress and egress to a public street.
(u)
Wood and beam frame structures are prohibited. All billboard
structures shall be constructed of steel.
(w)
The applicant shall provide financial security, in a form acceptable
to the Township, sufficient to secure to the Township the removal
of any billboard upon which no advertising is located or otherwise
ceases to be used for a period of three consecutive months. The applicant
shall further provide, in a form acceptable to the Township, proof
that the record owner and the licensee or other person in control
of the signage consents to the removal of the billboard for the reasons
as set forth in this subsection, which consent shall be in such form
so as to be recorded of record with the Chester County Recorder of
Deeds.
(x)
Audio speakers and/or any form of pyrotechnics are prohibited.
(y)
An automatic light output adjustment for the billboard shall
be provided to minimize light output to appropriate levels for the
existing ambient light conditions. The applicant shall demonstrate
that the intensity of the display shall not create or constitute a
nuisance or safety hazard. However, no more than 1/2 footcandle of
light, above adjacent ambient light levels, from the display shall
be detectable along the boundary of any adjacent property.
(z)
Where billboards are visible from a residential district or
use, the billboard shall be extinguished automatically by a form of
programmable controller, with astronomical and daylight saving time
control and automatic outage reset, from 11:00 p.m. until 6:00 an.
on the following day.
(aa)
All signs must be equipped with a properly functioning default
mechanism that will stop the sign and return to a solid black display
should a malfunction occur.
(bb)
Billboards shall not advertise adult or sexually oriented businesses
or materials or display lewd or obscene images or text.
(cc)
Notwithstanding anything set forth above, no billboard or billboard
display shall constitute a nuisance or safety hazard. No electrical
interference with other uses shall be permitted.
(3)
Public safety. The applicant shall be required to coordinate/permit
message access for local, regional, state and national emergency services
during emergency situations. Emergency messages are not required to
conform to the message standards set forth herein.
A.
Specific intent. The purpose of this section is to
conserve natural resources and prevent erosion and pollution in the
public interest and for the public good and welfare. This section
shall apply to all applications for subdivision and land development.
B.
Regulations for removal and replacement.
(1)
Prior to construction of each dwelling unit or other
building, the developer shall stake in the field the location of the
building foundation, driveway and any utility easements to be constructed
and cleared in the course of said construction. Following the placement
of stakes, the developer shall notify the Township and the Township
will, following notification to the developer of the time for the
same, conduct an inventory of trees greater than or equal to six inches
in caliper located on the lot and no less than 10 feet from the staked
construction. In order to facilitate this procedure, the developer
shall apply for building permits in groups of no more than 10 neighboring
dwelling units or buildings. Following construction, an inventory
will again be conducted and, for each such tree materially damaged
or removed beyond the prescribed area caliper size, replacement shall
be as follows:
|
Caliper of Tree to be Removed
(inches)
|
Minimum Number and Minimum Caliper of
Tree to be Planted as a Replacement
(inches)
| |
|---|---|---|
|
12 to 18
|
One, 5-5 1/2 or three, 3 1/2
| |
|
18 to 24
|
One, 6-6 1/2 or four, 3 1/2
| |
|
Greater than 24
|
Two, 6-6 1/2 or five, 3 1/2
|
(2)
Upon application for a building permit, the applicant shall indicate thereon the location of all trees as described in Subsection B(1) above which must be removed because of construction of a building, driveways and recreation areas on the lot. Such trees may be removed upon approval of the Building Inspector. The Building Inspector shall issue a building permit only after the inspection of the proposed site to verify compliance with the terms of this section.
(3)
The provisions of this section shall not apply to
any person who owns and occupies a premises whereon a tree to be removed
is growing, nor to members of his immediate family, servants and employees
nor to persons owning or working in orchards or nurseries.
C.
Protection of vegetation from mechanical injury and
grading change.
(1)
All trees greater than or equal to 12 inches to be
retained within 25 feet of a building site, parking area or other
proposed improvement shall be protected from equipment damage by snow
fencing or other effective barriers approved by the Township; fencing
or barriers around trees shall be placed at the drip line, unless
determined to be appropriate at another location by the Township.
(2)
No damage shall be inflicted upon any existing tree
trunks and root systems by any means including driving heavy equipment
within or otherwise disturbing the area circumscribed by the drip
line of any tree. In addition, roots shall not be cut or disturbed
within the area circumscribed by the drip line of any tree. If there
is no alternative to locating a utility line within the tree drip
line, tunneling is recommended, rather than trenching, to minimize
potential damage to tree root systems. In such cases, the Township
shall determine the most desirable location of this trench. Where
trenching is unavoidable, trenched holes shall be filled as soon as
possible and tamped lightly to avoid the creation of air spaces.
(3)
Tree trunks or exposed roots damaged during construction
shall be protected from further damage by fencing or other structural
barrier. Treatment of damaged areas shall be dictated by the nature
of the injury, e.g., damaged bark shall be cut back to a point where
the bark is intact and tight to the tree; exposed roots shall be pruned
back and covered with topsoil; tree limbs shall be cut back in proportion
to the root area loss. Damage shall be pruned with a sharp instrument.
All pruning implements shall be cleaned with isopropyl alcohol between
work on each individual tree to eliminate the spread of pathogens.
In such cases, the Township shall have the authority to determine
the treatment technique(s) most suitable to the damaged area. In addition,
where stipulated by the Township, liquid or dry fertilizer shall be
applied to trees with disturbed root zones to compensate for loss
of roots.
(4)
Trees shall not be used for roping, cables, signs,
fencing or lighting. Nails and spikes shall not be driven into trees.
(5)
The area around the base of existing woody vegetation
shall be left open. No impervious cover, storage of equipment, materials,
debris or fill shall be allowed within the drip line of any existing
tree.
(6)
Grade changes at any location on the property shall
not result in an alteration to soil or drainage conditions which may
adversely affect existing vegetation to be retained following site
disturbance, unless adequate provisions are made to protect such vegetation
and its root systems.
(7)
The Township may require that specimen plants with significant historic, visual or environmental qualities which would otherwise be removed during site preparation under the provisions of Subsection B(1) above be transplanted elsewhere.
(8)
Should any existing vegetation on the site not scheduled or permitted to be removed be irreparably damaged during site preparation and die within 18 months of the conclusion of site disturbance activities, such vegetation shall be removed and replaced with similar vegetation in accordance with the requirements of Subsection B(1) above.
[Added 8-18-1999 by Ord. No. 1999-6]
A.
Specific intent. It is the purpose of this section
to provide an opportunity for landowners to obtain the allowable density
of the underlying zoning district when environmental features constrain
the property or when open space recreation is proposed for the undeveloped
portion of the property. Such opportunity shall be accomplished through
conditional use approval.
B.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied in accordance with the use
regulations of the underlying zoning district. In addition, detached,
semidetached, townhouse and apartment type units are permitted in
the R-3 Residential District when approved pursuant to this section.
C.
Height, area and bulk regulations. When the following
standards are complied with, a tract of not less than 10 acres (gross
tract area), may be developed in accordance with the following regulations:
(2)
Height, area and bulk regulations.
(a)
Single-family residential dwelling.
[1]
Maximum height: 35 feet but not exceeding three
stories.
[2]
Minimum lot area: 8,000 square feet for each
lot.
[3]
Maximum number of units. The maximum number of units shall be based on the permitted density [per Subsection C(1) above] of the underlying zoning district and the gross tract area. For the purposes of this section, the lot area reduction formulas set forth in § 225-15G shall not apply to the tract as a whole nor to the individual lots.
[4]
Minimum lot width. The minimum lot width at
the building line shall be 70 feet. The minimum lot width at the street
line shall be 40 feet for the depth (perpendicular to the street line)
of 30 feet. No lot shall have a width of less than 25 feet at any
point.
[5]
Minimum yard requirements.
[a]
Front yard: 25 feet. Corner lots
shall have two front yards of at least 25 feet each.
[b]
Side yard. On each lot there shall
be two side yards. The minimum width of any side yard shall be five
feet. Within a given subdivision, the combined side yards on a lot
and the combined side yards between dwelling on adjacent lots shall
have a minimum aggregate width of 20 feet. A corner lot shall be considered
to have two front yards and two side yards (each being opposite a
front yard) and no rear yard. Perimeter lots adjacent to another subdivision
shall have a minimum side yard of 10 feet.
[c]
Rear yard: 30 feet.
[6]
Maximum building coverage: 35%.
[7]
Maximum lot coverage: 45%.
[8]
All dwellings shall be served by both public
sewer and public water utilities.
(b)
Single-family semidetached dwellings and townhouses.
[1]
Maximum height: 35 feet, but not exceeding three
stories. Accessory buildings or structures shall not exceed 16 feet.
[2]
Minimum lot area.
|
Use
|
Minimum Lot Area
(square feet)
| |
|---|---|---|
|
Semidetached Dwelling
|
4,000
| |
|
Townhouse
|
2,200
|
[3]
Maximum number of units. The maximum number of units shall be based on the permitted density [per Subsection C(1)] of the underlying zoning district and the gross tract area. For the purposes of this section, the lot area reduction formulas set forth in § 225-15G shall not apply to the tract as a whole nor to the individual lots.
[4]
Minimum lot width.
|
Use
|
Minimum Lot Width
| |
|---|---|---|
|
Semidetached Dwelling
|
40 feet at the front setback line 25 feet at
the R.O.W. line
| |
|
Townhouse
|
22 feet at the front setback line
|
[5]
[6]
Maximum building coverage: 50%.
[7]
Maximum lot coverage: 65%.
[8]
All dwellings shall be served by both public
sewer and public water utilities.
(c)
Multifamily dwellings; apartment.
[1]
Minimum lot area/unit: 5,000 square feet.
[2]
Maximum number of units. The maximum number of units shall be based on the permitted density [per Subsection C(1)] of the underlying zoning district and the gross tract area. For the purposes of this section, the lot area reduction formulas set forth in § 225-15G shall not apply to the tract as a whole nor to the individual lots.
[3]
Minimum lot width: 150 feet.
[4]
Maximum height: 40 feet, but not exceeding three
stories.
[5]
Minimum yard requirements.
[a]
Front yard: 25 feet. Corner lots
shall have two front yards of at least 25 feet each.
[b]
Side yard: 50 feet from side lot
lines.
[c]
Rear yard. There shall be a rear
yard on each lot other than a corner lot, the depth of which shall
not be less than 30 feet.
[d]
Distance between buildings: 50
feet.
[6]
Maximum building coverage: 30% of area not identified
as conservation/open space area.
[7]
Maximum lot coverage: 60% of the area not identified
as conservation/open space area.
[8]
Maximum single facade length: 5:1 length to
height.
[9]
All dwellings shall be served by both public
sewer and public water utilities.
(3)
Conservation/open space area.
(a)
A minimum of 40% of the gross tract area shall
be designed, restricted and used as conservation and/or open space
areas.
(b)
Areas counted for the conservation/open space
requirements may be used in whole in part for active and/or passive
recreational uses, and for natural resource preservation or in any
manner similar thereto; provided, however, that the type of recreational
uses permitted within conservation/open space areas shall be limited
to those which are appropriate based upon the prevailing environmental
conditions and as approved by the Township.
(c)
Conservation/open space areas shall be arranged
and located to take advantage of physical characteristics of the site
and to place open spaces within easy access and view of dwelling units,
at the same time preserving, and where applicable, enhancing natural
features and environmentally sensitive areas such as woodlands, lakes,
stream valleys and steep slope areas.
(d)
Areas set aside for conservation/open space
shall be suitable for the designated purpose and shall be consistent
with the Comprehensive Plan policy for future land use in the Township.
Conservation or open space areas shall contain no structures other
than structures related to permitted open space uses, stormwater management
or utilities.
(e)
Any land counted toward the conservation/open
space requirements shall be made subject to a declaration of covenants,
restrictions and easements in a form acceptable to the Township Solicitor
and duly recorded in the Chester County Office of the Recorder of
Deeds. Such covenants, restrictions and easements shall prohibit development
or further subdivision of open spaces except as to permit recreational
uses.
(f)
Conservation/open space areas may be dedicated
to the Township for conservation or open space recreational use. In
the event that the conservation/open space area or any portion thereof
is not accepted by the Township the developer shall, at the Board
of Supervisor's discretion, provide for its ongoing maintenance and
ownership by one of the following methods:
[1]
Conservation subdivision only. Create deed restricted
conservation areas within some or all of the fee simple lots. Each
individual property owner shall be responsible for the maintenance
and operation of the conservation lands within their lot. Whether
access to such conservation areas shall be provided to all residents
or restricted from use shall be decided during the conditional use
approval process and approved by the Board of Supervisors. Any deed
restricted conservation area shall provide that in the event the landowner
shall at any time after establishment of the conservation subdivision
fail to maintain the conservation area in reasonable order and condition
in accordance with the development plan in the opinion of the Township,
the Township may proceed to demand that the maintenance deficiencies
be corrected and may enter upon and maintain the conservation area
if proper maintenance is not timely performed by the landowner. The
cost of such maintenance by the Township shall be assessed against
the property in question as a municipal lien. The Township, at the
time of entering upon said conservation area for the purpose of maintenance,
shall file a notice of lien in the Chester County office of the Prothonotary.
[2]
Conservation/open space subdivisions. Establish
an organization for the ownership and maintenance of the conservation/open
space. Such organization shall not be dissolved nor shall it dispose
of the conservation/open space by sale or otherwise (except to an
organization conceived and established to own and maintain conservation/open
space, subject to Township approval), except by dedication to the
Township. The legal documents creating the organization shall be subject
to Township approval and shall allow the organization to lien property
owners within the conservation/open space subdivision for conservation/open
space maintenance costs. All property owners within the subdivision
shall be members of said organization. The organization may lease
conservation/open space lands to the developer or other qualified
person or corporation for operation and maintenance of conservation/open
space lands, provided that: (a) the residents of the conservation/open
space subdivision shall, at all times, have access to the conservation/open
space; (b) the conservation/open space shall be properly maintained
for the purposes set forth in this chapter and as allowed by the Township,
and (c) the operation of the conservation/open space may be for the
benefit of the residents of the subdivision only or open to the general
public. The documents providing for the ownership and maintenance
of the conservation/open space shall include:
[a]
A complete description of the organization
to be established for the ownership of the conservation/open space
including its means of establishment, maintenance and financing. A
method for assessing mandatory fees on all property owners in the
conservation/open space subdivision for maintenance of the conservation/open
space shall be provided. The obligation of each property owner relative
to conservation/open space ownership, maintenance and mandatory membership
in said organization shall be evidenced by documents in the chain
of title for each lot.
[b]
A method to give adequate notice
to property owners within the conservation/open space subdivision
in the event of the sale or other disposition of any part of the conservation/open
space and in the event of assumption of the maintenance of conservation/open
space lands by the Township as hereinafter provided.
[c]
That in the event the organization
established to own and maintain the conservation/open space, or any
successor thereto, shall at any time after establishment of the conservation/open
space subdivision fail to maintain the conservation/open space in
reasonable order and condition in accordance with the development
plan in the opinion of the Township, the Township may proceed to demand
that the maintenance deficiencies be corrected and may enter upon
and maintain the conservation/open space if proper maintenance is
not timely performed by the organization. The cost of such maintenance
by the Township shall be assessed ratably against the properties within
the conservation/open space subdivision and shall become a municipal
lien on said properties. The Township, at the time of entering upon
said conservation/open space for the purpose of maintenance, shall
file a notice of lien in the Chester County office of the Prothonotary
upon the properties within the conservation/open space subdivision.
[3]
Under no circumstances are motorized vehicles
authorized within any conservation/open space area, except for the
performance of public safety or maintenance of such area and the governing
document restricting the use of such areas shall so specify.
[Added 7-21-2004 by Ord. No. 2004-06]
The Township may maintain or authorize on all
municipal property in all zoning districts any use or structure necessary
or appropriate for the proper and efficient exercise of the Township's
governmental powers, functions and duties as determined by the Board
of Supervisors following review by the Township Planning Commission.
