In the BP Business Professional District, the
following regulations shall apply.
A.
Purpose. It is hereby declared to be the intent of
this article, with respect to the BP Business Professional District,
to provide appropriate locations for professional offices; to allow
for conversion of appropriate residential structures for residential-professional
offices or restricted commercial usage; to provide for only those
uses which would not conflict with nearby existing residential development
and which can serve as transitions between the residential development
and areas of heavy traffic; to provide regulations specifically tailored
to permit development of smaller, individual offices; to prevent the
encroachment of strip highway development where such uses would be
deleterious to surrounding residences; and to minimize in-and-out
traffic movements in order to prevent traffic congestion.
B.
Use regulations. In the Business Professional District,
a building may be erected, altered or used or a lot may be used or
occupied for any of the following purposes.
(1)
Any one of the following uses are permitted on a minimum
lot of 20,000 square feet:
(a)
Professional offices: offices for doctors, dentists,
chiropractors or any other practitioners of the healing arts for humans;
lawyers, engineers or architects, urban planners, accountants, economic
consultants and opticians.
(b)
Business offices: offices providing services,
such as security and commodity brokerage, real estate sales, employment
counseling, insurance sales, advertising, stenographic services, offices
for educational and research agencies and travel agencies. There shall
be no storage or exchange of merchandise on the premises.
(c)
A mixed-use structure containing the uses listed
above and a dwelling unit. A maximum of one dwelling unit shall be
permitted.
(d)
Single-family detached dwellings.
(e)
Other professional office or business office
use of the same or similar character, when authorized as a special
exception.
(f)
Short-term rentals.
[Added 8-26-2019 by Ord.
No. 2019-11]
(2)
Any one of the following uses are permitted on a minimum
lot of 40,000 square feet:
(a)
Banks or financial institutions, excluding any
such use with drive-in facilities, unless authorized by special exception.
(b)
Funeral home.
(c)
Nursery school or day-care center.
(d)
Medical or dental clinic for the examination
and treatment of persons as outpatients, including any medical laboratories
incidental and accessory thereto.
C.
Dimensional standards. The following dimensional standards shall apply for permitted uses pursuant to Subsections B(1) and (2) herein:
(1)
Dimensional standards generally.
|
Permitted Uses in Subsection B(1)
|
Permitted Uses in Subsection B(2)
| ||
|---|---|---|---|
|
Minimum lot width at building line (feet)
|
100
|
150
| |
|
Minimum front yard* (feet)
|
60
|
60
| |
|
Minimum rear yard (feet)
|
25
|
30
| |
|
Aggregate side yard (feet)
|
35
|
40
| |
|
Minimum side yard (feet)
|
15
|
20
| |
|
Yards abutting a residential district (feet)
[Amended 10-28-1991 by Ord. No. 91-10] |
75
|
75
| |
|
Minimum planting strip (feet)
|
25
|
25
| |
|
Height (feet)
|
35
|
35
| |
|
Maximum building coverage (percent)
|
15% to 30%**
|
30%
| |
|
Maximum impervious coverage (percent)
|
60%
|
60%
|
|
NOTES:
| |
|---|---|
|
* Any yard abutting a street must conform to
the front yard setback.
| |
|
** Per following formula:
|
|
Maximum
| |||||
|---|---|---|---|---|---|
|
Building =
|
15% +
|
[lot area (square feet) - 20,000]
|
x 15%
| ||
|
Coverage
|
(20,000)
| ||||
(2)
Height regulations. No building or structure, including
any towers, whether attached or freestanding, shall exceed 35 feet.
D.
Parking and driveway regulations. The off-street parking regulations of Article VI, inclusive, shall apply. No driveway or parking area shall be closer than six feet to the side and rear property lines, subject to additional standards in Subsection E below. No parking area shall be closer than 25 feet to a front property line.
E.
Planting strip. Screen buffers having a minimum planting strip of 75 feet in width shall be required along any lot line which abuts a residential district. A plan for such buffer shall be submitted to the Board of Commissioners for approval in accordance with the provisions of § 195-9O. Existing trees and shrubs situated within the required planting strip shall be saved and incorporated into the buffer landscaping plan, the land area for which shall not be altered or regraded in any way so as to disturb existing healthy trees and shrubs which are deemed by the Board of Commissioners to provide an existing screen buffer between the BP and an adjoining residential district.
[Amended 10-28-1991 by Ord. No. 91-10]
G.
Signs. Signs shall be permitted in accordance with § 195-35 of this chapter, with the following additional restrictions:
(1)
There shall not be more than one sign per lot. Said
sign may be mounted or affixed to the wall of a principal building
or may be freestanding; said sign may be directly or indirectly illuminated,
provided that no sign shall be lighted after office hours. Lighting
intensity shall not exceed two lumens per square foot at a distance
of one foot from the sign face, and the subject lighting shall be
adjusted to provide light only within the property lines on which
the lighting fixtures are located. All lighting erected under this
chapter shall be arranged, designed and shielded to prevent glare
and reflections upon residential buildings.
(a)
A wall-mounted or affixed sign shall not exceed
eight square feet and shall not exceed seven feet in height above
the ground.
(b)
A freestanding sign shall not exceed eight square
feet, and the leading edge of the sign shall not be closer than five
feet to the right-of-way line. The maximum height of the sign shall
not exceed six feet, and the lowest portion of the sign shall not
be higher than two feet above the ground level. The space between
the sign area and the ground level shall be landscaped to shield the
supporting elements of the sign from view.
(2)
Signs shall display the street number of the property
as an integral part of the sign, utilizing a minimum of 72 square
inches of the area of the sign with numerals not less than six inches
in height.
(3)
Signs shall only contain the name of the professional
occupying the premises or his firm or studio name and his professional
occupation and educational degrees.
(4)
All sign areas shall be rectangular in shape with
the length of the longest dimension not exceeding 2 1/2 times
the length of the shortest dimension. The colors utilized within the
sign area and any supporting elements thereof, including all forms
of illumination, shall be muted whites, blacks, grays and browns.
[Added 7-28-2003 by Ord. No. 2003-11]
In the B Business District, the following regulations
shall apply.
A.
Purpose. It is hereby declared to be the intent of
this section, with respect to the B Business District, to provide
appropriate locations for professional offices; to allow for conversion
of appropriate residential structures for residential-professional
offices or restricted commercial usage; to provide for only those
uses which would not conflict with nearby existing residential development
and which can serve as transitions between the residential development
and areas of heavy traffic; to provide regulations specifically tailored
to permit development of smaller, individual offices; to prevent the
encroachment of strip highway development where such uses would be
deleterious to surrounding residences; to minimize in-and-out traffic
movements in order to prevent traffic congestion; and to provide for
a self-service storage facility use subject to specific criteria when
approved as a conditional use.
B.
Use regulations. In the Business District, a building
may be erected, altered or used, or a lot may be used or occupied,
for any of the following purposes.
(1)
Any one of the following uses is permitted on
a minimum lot of 20,000 square feet:
(a)
Professional offices: offices for doctors, dentists,
chiropractors or any other practitioners of the healing arts for humans;
lawyers, engineers or architects, urban planners, accountants, economic
consultants and opticians.
(b)
Business offices: offices providing services
such as security and commodity brokerage, real estate sales, employment
counseling, insurance sales, advertising, stenographic services, offices
for educational and research agencies, and travel agencies. There
shall be no storage or exchange of merchandise on the premises.
(c)
Any other professional office or business office
use of the same or similar character, when authorized as a special
exception.
(2)
Any one of the following uses is permitted on
a minimum lot of 40,000 square feet:
(a)
Banks or financial institutions, excluding any
such use with drive-in facilities unless authorized by special exception.
(b)
Funeral home.
(c)
Nursery school or day-care center.
(d)
Medical or dental clinic for the examination
and treatment of persons as outpatients, including any medical laboratories
incidental and accessory thereto.
(3)
The following uses when authorized as a conditional
use and subject to expressed criteria in connection therewith:
(a)
Self-service storage facility when situated
on a minimum lot of five acres and having a minimum street frontage
of 300 feet; and subject to the following criteria:
[1]
The use shall consist of and be
limited to storage units for the retail self-storage of personal property
stored for noncommercial purposes or business storage, including motor
vehicles.
[2]
All items shall be stored inside
an all-weather building(s) except for boats, campers and other motor
vehicles that may be stored outside on paved surfaces only, provided
that such outdoor area shall not exceed 40% of the floor area devoted
to inside storage.
[3]
Permitted accessory uses shall
be limited to the following: an office and one apartment for caretakers
for the leasing, administration and management of the storage units;
storage shed for maintenance equipment used to maintain the premises.
[4]
A lighting plan shall be provided.
The maximum height of fixture shall be limited to 15 feet and shall
shield all property lines from glare.
[5]
Buildings fronting on adjacent
streets shall be provided with roofs that pitch no less than a ratio
of five to 12.
[6]
In addition to the dimensional requirements set forth in Subsection C herein, all buildings shall be separated from each other by at least 25 feet.
[7]
The storage of toxic, flammable
or explosive materials shall be prohibited, and all leases shall expressly
so state.
[8]
A fence of at least eight feet
but not more than 12 feet in height shall surround the entire lot
except where buildings are positioned along the perimeter of the property.
[9]
The following activities shall
be specifically prohibited:
[a]
Auctions (except those conducted
by the facility owner in order to collect unpaid rent or dispose of
unclaimed property in accordance with applicable law), wholesale or
retail sales (except for the sale of storage supplies and materials
by the facility owner), or miscellaneous or garage sales;
[b]
The servicing, repair or fabrication
of motor vehicles, boats, trailers, lawn mowers, appliances or other
similar equipment;
[c]
The operation of power tools, spray-painting
equipment, table saws, lathes, compressors, welding equipment, kilns
or other similar equipment.
[10]
Signs permitted for self-service
storage facility:
[a]
There shall not be more than two
signs per lot. One sign may be mounted or affixed to the wall of a
principal building, and one sign may be freestanding; said signs may
be directly or indirectly illuminated. No sign shall be lighted between
the hours of 11:00 p.m. and 6:00 a.m. when directly adjacent to a
residential use. All lighting for signs erected under this section
shall be arranged, designed and shielded to prevent glare and reflections
upon residential buildings.
[b]
A wall-mounted or affixed sign
shall not exceed 12 square feet and shall not extend at any point
above the roof of the building on which it is mounted.
[c]
A freestanding sign shall be limited
to two sides and shall not exceed 24 square feet for each face, and
the leading edge of the sign shall not be closer than five feet to
the right-of-way line. The maximum height of the sign shall not exceed
15 feet.
[d]
Directional signs not exceeding
three square feet are permitted.
C.
Dimensional standards. The following dimensional standards shall apply for uses permitted pursuant to Subsection B herein:
|
Dimension
|
Permitted Uses in Subsection B(1)
| ||
|---|---|---|---|
|
Minimum lot width at building line (feet)
|
100
|
150
| |
|
Minimum front yard (feet)
|
60
|
60
| |
|
Minimum rear yard (feet)
|
25
|
30
| |
|
Aggregate side yard (feet)
|
35
|
40
| |
|
Minimum side yard (feet)
|
15
|
25
| |
|
Yards abutting a residential district
|
75
|
75
| |
|
Minimum planting strip (feet)
|
25
|
25
| |
|
Maximum building height (feet)
|
35
|
35
| |
|
Maximum building coverage
|
15% to 30%
|
30%
| |
|
Maximum impervious coverage
|
60%
|
65%
|
|
NOTES:
| |
|---|---|
|
* Any yard abutting a street must conform to
the front yard setback.
| |
|
** Per following formula:
|
|
Maximum
| |||||
|---|---|---|---|---|---|
|
Building =
|
15% +
|
[lot area (square feet) - 20,000]
|
x 15%
| ||
|
Coverage
|
(20,000)
| ||||
D.
Height regulations. No building or structure, including
any towers, whether attached or freestanding, shall exceed 35 feet.
E.
Parking regulations. The off-street parking regulations of Article VI of this chapter shall apply. No driveway or parking area shall be closer than six feet to the side and rear property line.
F.
Planting strip. Screen buffers having a minimum planting strip of 25 feet in width shall be required along any lot line which abuts a residential use. Softening buffers having a minimum planting strip of 10 feet in width shall be required along any lot line that abuts a nonresidential district and along all front yards. A plan for such buffer shall be submitted to the Board of Commissioners for approval in accordance with the provisions of Article IV, § 195-9O.
H.
Signs. Signs shall be permitted in accordance with Article V, § 195-10G, subject nevertheless to the provisions of Subsection B(3)(a)[10] herein.
[1]
Editor's Note: Former § 195-10.2, Sumneytown Pike
In-Fill and Traffic Management Overlay District, adopted 12-17-2018
by Ord. No. 2018-02, was repealed 7-19-2022 by Ord. No. 2022-02.
In an R-1 Residential District, the following
regulations shall apply.
A.
Use regulations. A building may be erected or used
and a lot may be used or occupied for any of the following purposes
and no other:
(1)
Single-family detached dwelling.[1]
[1]
Editor's Note: Former Subsection A(2), regarding
municipal use or municipal recreation use, which subsection immediately
followed this subsection, was repealed 5-27-2003 by Ord. No. 2003-7.
This ordinance also provided for the redesignation of former Subsection
A(3) through (5) as Subsection A(2) through (4), respectively.
(2)
Raising and harvesting of crops, provided that said
use shall not exceed an area of 6,000 square feet on any lot.
[Amended 11-24-2008 by Ord. No. 2008-13]
B.
Area and width regulations.
(1)
Lot area and width. A lot area of not less than 43,560
square feet and a lot width of not less than 200 feet at the building
line or at the point of the proposed building closest to the street
and extending the full depth of the building shall be provided for
every building or dwelling hereafter erected or used for any purpose
permitted in this district.
(2)
Building area. Not more than 10% of the area of each
lot may be occupied by buildings.
(3)
Front yard. There shall be a front yard on each street
which the lot abuts on, the depth of which shall be at least 60 feet.
(4)
Side yards. There shall be two side yards, one on
each side of the principal building, each of which shall be not less
than 40 feet in width and the aggregate of which shall be no less
than 100 feet.
(5)
Rear yard. There shall be a rear yard, the depth of
which shall be at least 50 feet.
(6)
Exceptions to side and rear yards. An accessory building
or structure constructed separately from the principal building may
be erected within the side and rear yards herein established, except
in a yard which abuts a street, provided that it shall be constructed
no nearer than six feet of the rear property line and no nearer than
six feet of a side property line and shall be located to the rear
of the front wall line of the principal building.
C.
Public sewer and public water. All lots developed
in an R-1 Residential District shall be connected to public sewers
and public water.
In an R-2 Residential District, the following
regulations shall apply.
A.
Use regulations. A building may be erected or used
and a lot may be used or occupied for any of the following purposes
and no other:
(1)
Single-family detached dwelling.[1]
[1]
Editor's Note: Former Subsection A(2), regarding municipal use or municipal recreational use, which subsection immediately followed this subsection, was repealed 5-27-2003 by Ord. No. 2003-7. This ordinance also provided for the redesignation of Subsection A(3) and (4) as Subsection A(2) and (3), respectively.
(2)
Raising and harvesting of crops, provided that said
use shall not exceed an area of 6,000 square feet on any lot.
[Amended 11-24-2008 by Ord. No. 2008-13]
(3)
The following uses shall be permitted when authorized as a special exception. Such uses shall be subject to the area requirements set forth below as well as the additional requirements specified. Exceptions to side and rear yards as provided in § 195-12B(6) shall not be permitted in this use group.
B.
Area and yard regulations.
(1)
Lot area and width. A lot area of not less than 21,780
square feet and a lot width of not less than 120 feet at the building
line or at the point of the proposed building closest to the street
and extending the full depth of the building shall be provided for
every building or dwelling hereafter erected or used for any purpose
permitted in this district.
(2)
Building area. Not more than 20% of the area of each
lot may be occupied by buildings.
(3)
Front yard. There shall be a front yard on each street
on which the lot abuts, the depth of which shall be at least 50 feet.
(4)
Side yard. There shall be two side yards, one on each
side of the principal building, neither of which shall be less than
25 feet in width.
(5)
Rear yard. There shall be a rear yard, the depth of
which shall be at least 50 feet.
(6)
Exceptions to side and rear yards. An accessory building
or structure constructed separately from the principal building may
be erected within the side and rear yards herein established, except
in a yard which abuts a street, provided that it shall be constructed
no nearer than six feet to the rear property line and no nearer than
six feet to a side property line and shall be located to the rear
of the front wall line of the principal building.
C.
Side and
rear yard exceptions for nonconforming lots.
[Added 8-17-2021 by Ord. No. 2021-03]
(1)
This subsection shall apply to existing lots which are nonconforming because of undersized lot area or lot width, and which were not previously subject to approval pursuant to § 195-19B(2), PSR Planned Single-Family Residential District, or § 195-27, Lot averaging, R-2 Residential Zones. This subsection shall not be available to lots where a nonconformity as to lot size or lot width has been created subsequent to the effective date of this subsection.
(2)
Qualifying
lots shall be permitted to locate patios, decks and one-story attached
garage additions not less than 20 feet from a side lot line and 40
feet from a rear lot line.
In an R-3 Residential District, the following
regulations shall apply.
A.
Purpose. In addition to the purposes set forth in § 195-1 of this chapter, the purpose of this section is to establish reasonable standards for an R-3 Residential District, with respect to the types of residential buildings and the areas and dimensions of yards and open spaces, and to provide a residential zone for an orderly transition and development of land between that land already developed residentially with a density of more than six dwelling units per acre averaged over a ten-acre site and that land zoned R-2 Residential.
B.
Use regulations. Buildings may be erected or used
and a lot may be used or occupied for the following purposes and no
other, provided that the requirements of this and any other pertinent
sections are met:
(1)
Single-family detached dwelling.
(2)
Single-family semidetached dwelling (twin).
(3)
Single-family attached dwelling (quadraplex or triplex).
(4)
Single-family townhouse.
(5)
Two-family detached dwelling (over-and-under duplex).
(6)
Two-family semidetached dwelling (twin duplex).
(7)
Raising and harvesting of crops, provided that said
use shall not exceed an area of 6,000 square feet on any lot.
[Amended 11-24-2008 by Ord. No. 2008-13]
C.
Conditional use. A redevelopment subdivision is a
residential subdivision use provision intended and designed to provide
an option for an integrated development of adjacent undersized lots,
comprehensively in a single subdivision and land development. A redevelopment
subdivision, in addition to other applicable provisions of this chapter,
is permitted when approved by the Township Board of Commissioners
by conditional use, subject to the following additional requirements.
[Added 7-13-2020 by Ord. No. 2020-03]
(1)
To qualify for a conditional use, the tract shall meet the following
conditions:
(a)
The tract shall be located in the R-3 Zoning District.
(b)
The parcels assembled for redevelopment as a redevelopment subdivision
must be part of a prior subdivision plan approved and recorded prior
to 1942 and must contain at least 10 undeveloped and nonconforming
lots, commonly called "movie lots," from the prior approved plan.
(c)
The tract shall have access to an existing improved street.
(d)
The tract must contain or abut, in whole or in part, an undeveloped
street, commonly called a "paper street."
(e)
Minimum tract area: 1.5 acres.
(f)
Maximum tract area: five acres.
(g)
Maximum density: No more than five dwelling units shall be permitted
per developable acre.
(2)
Only single-family detached dwellings containing not less than 1,500
square feet of living space per dwelling unit shall be permitted.
For purposes of this section, "living space" shall not include garages,
basements, attics, porches, or other like spaces.
(3)
Area and bulk requirements shall be as follows:
(a)
Minimum front yard setback: 25 feet.
[Amended 8-10-2020 by Ord. No. 2020-05]
(b)
Minimum side yard: 10 feet.
(c)
Minimum rear yard: 35 feet, subject to the right of the Board
of Commissioners to permit reduced rear yards of not less than 20%
of the lot depth or 20 feet, whichever is greater, for lots that are
determined to lack desirable lot depth to permit consistent or uniform
dwelling development.
(d)
Maximum impervious surface: 40%.
(e)
Maximum height: 35 feet.
(f)
Minimum lot size: 6,000 square feet.
[Added 8-10-2020 by Ord.
No. 2020-05]
(5)
General requirements.
(a)
All dwellings within a redevelopment subdivision shall be served
by public sanitary sewer service and public water supply as approved
by Upper Gwynedd Township; and built pursuant to specifications of
Upper Gwynedd Township for sanitary sewer construction and the North
Wales Water Authority for water main construction.
(b)
Streets within a redevelopment subdivision may be private and
owned and maintained by a homeowners' or condominium association.
All streets shall be constructed to Township standards for public
residential streets as regulated within the Subdivision and Land Development
Ordinance.[1] Streets shall have a minimum right-of-way width of 40
feet and a minimum cartway width of 24 feet and shall be designed
to accommodate emergency vehicles. The Board of Commissioners may
impose parking restrictions on one or both sides of the streets within
the community.
(c)
Exceptions to side and rear yards. An accessory building or
structure constructed separately from the principal building may be
erected within the side and rear yards herein established, except
in a yard which abuts a street, provided that it shall be constructed
no nearer than six feet to the rear property line and no nearer than
six feet to a side property line and shall be located to the rear
of the front wall line of the principal building.
(d)
Shared driveway access shall be permitted to minimize access
points along existing streets.
D.
Tract area requirements.
(1)
A tract area of not less than five acres shall be
required for the uses permitted in this district; where the area to
be developed is:
[Amended 2-22-2005 by Ord. No. 2005-01]
(2)
In all developments under this section, there shall
be constructed at least one single-family detached dwelling per gross
acre.
(3)
No more than 15% of the total dwelling units shall be built in duplex dwelling units [§ 195-13B(5) and (6)].
(4)
For all calculations of percentages of types, single-family attached dwellings, whether quadraplex or triplex, shall be considered one type [§ 195-13B(3)], and two-family detached dwellings and two-family semidetached dwellings shall be considered as one type [§ 195-13B(5) and (6)].
(5)
No more than six single-family townhouse dwellings
shall be permitted in a single row.
(6)
No more than five dwelling units shall be permitted per developable acre, except as hereinafter provided in § 195-13F.
(7)
No building shall be constructed to a height greater
than 28 feet.
E.
Lot area and yard regulations. Area, width, impervious cover, rear yard, side yard and front yard requirements are set forth in the following chart for § 195-13E, subject to the additional requirements set forth in Subsection E(1), (2) and (3):
[Amended 2-22-2005 by Ord. No. 2005-01]
|
Lot Area and Yard Regulations, R-3 District
| ||||||
|---|---|---|---|---|---|---|
|
Building Type
|
Minimum Lot Size
(square feet)
|
Minimum Lot Width at Building Line
(feet)
|
Maximum Impervious Cover
(percent)
|
Minimum Rear Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Front Yard
(feet)
|
|
Single-family detached
|
8,400
|
60
|
35%
|
35
|
12
|
30
|
|
Twin
|
7,560
|
54
|
30%
|
30
|
12
|
30
|
|
Quadraplex or triplex
|
3,600
|
—
|
30%
|
—
|
—
|
30
|
|
Townhouse (Option One)
|
3,600
|
20
|
35%
|
—
|
—
|
43
average: 45
|
|
Townhouse (Option Two)
|
2,500
|
20
|
45%*
|
25
|
—
|
24
|
|
Duplex
|
10,800
|
72
|
15%
|
48
|
12
aggregate: 30
|
30
|
|
Twin duplex
|
10,800
|
72
|
15%
|
48
|
18
|
30
|
|
*
|
Applies to a grouping of three or more townhouses.
|
(1)
Additional requirements applicable to townhouses with
a common driveway in the rear yards. (Option One)
(a)
Front yards. Random setbacks shall be provided
for adjacent units with a minimum setback variation of 18 inches for
adjacent units.
(b)
If adjacent townhouse buildings are constructed,
the average setback of any two adjacent rows of row houses/townhouses
shall vary by a minimum of 10 feet.
(c)
The end lot of each row of townhouses shall
have a minimum lot size of 7,200 square feet and shall have a minimum
side yard of 40 feet, if not gable-ended to a street, and the common
driveway is included in its side yard by easement and, if gable-ended
to a street, shall have a minimum side yard of 20 feet.
(2)
Additional requirements applicable to townhouses with
front-entry garage. (Option Two)
[Added 2-22-2005 by Ord. No. 2005-01[2]]
(a)
Front yards. Random setbacks or architectural
variations shall be provided for adjacent units with a minimum setback
or architectural variation of 18 inches for adjacent units.
(b)
The minimum side yard setback for end units
shall be 15 feet.
(c)
The end lot of each row of townhouses shall
have a minimum lot size of 3,500 square feet.
[2]
Editor's Note: This ordinance also renumbered
former Subsection E(2), (3) and (4) as E(3), (4) and (5), respectively.
(3)
Additional requirements applicable to quadraplexes
or triplexes.
(a)
Each dwelling unit shall have a minimum setback
from each property line of 15 feet, except that property line of an
attached contiguous dwelling unit. The minimum front yard of a quadraplex
or triplex to the street shall be 30 feet.
(4)
All lots shall be contiguous to a public street, and
the minimum front yard shall be measured from the street right-of-way
line to the nearest point of the building, except that a quadraplex
or triplex may have units contiguous to a public street by means of
a driveway approved by the Board of Commissioners, the area of which
is included in the deed by fee simple title; provided, however, that
at least one dwelling unit must front on a public street.
(5)
Exceptions to side and rear yards. An accessory building
or structure constructed separately from the principal building may
be erected within the side and rear yards herein established, except
in a yard which abuts a street, provided that it shall be constructed
no nearer than six feet to the rear property line and no nearer than
six feet to a side property line and shall be located to the rear
of the front wall line of the principal building.
F.
Optional reduced lot size.
(1)
Purpose. In addition to and in aid of the purposes set forth in § 195-1 of this chapter, the intent of this subsection is to encourage the preservation of open space, trees, woods, streams and other natural features by permitting the reduction in lot requirements in this district and preserving the area gained as open space for the aforesaid purposes.
(2)
When permitted in accordance with the purpose and in accordance with all provisions of this § 195-13F(1), (2), (3), (4) and (5), the area, width, impervious cover, rear yard, side yard and front yard requirements are set forth in the following chart for § 195-13F, subject to the additional requirements set forth in Subsection E(2)(a), (b) and (c):
[Amended 2-22-2005 by Ord. No. 2005-01]
|
Lot Area and Yard Regulations for Optional Reduced
Lot Size, R-3 District
| ||||||
|---|---|---|---|---|---|---|
|
Building Type
|
Minimum Lot Size
(square feet)
|
Minimum Lot Width at Building Line
(feet)
|
Maximum Impervious Cover
(percent)
|
Minimum Rear Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Front Yard
(feet)
|
|
Single-family detached
|
7,000
|
50
|
35%
|
35
|
10
|
25
|
|
Twin
|
6,300
|
45
|
30%
|
30
|
10
|
25
|
|
Quadraplex or triplex
|
3,000
|
—
|
30%
|
—
|
—
|
25
|
|
Townhouse (Option One)
|
3,000
|
20
|
30%
|
—
|
—
|
40
average: 43
|
|
Townhouse (Option Two)
|
2,500
|
20
|
45%*
|
25
|
—
|
24
|
|
Duplex
|
9,000
|
60
|
15%
|
40
|
12
|
25
|
|
Twin duplex
|
9,000
|
60
|
15%
|
40
|
15
|
25
|
|
*
|
Applies to grouping of three or more townhouses.
|
(a)
Additional requirements applicable to row houses/townhouses.
[1]
Front yards. Random setbacks shall be provided
for adjacent units, with a minimum setback variation of 18 inches
for adjacent units.
[2]
If adjacent townhouse buildings are constructed,
the average setback of any two adjacent rows of row houses/townhouses
shall vary by a minimum of five feet.
[3]
The end lot of each row of townhouses shall
have a minimum lot size of 6,000 square feet and shall have a minimum
side yard of 40 feet, if not gable-ended to a street, and the common
driveway is included in its side yard by easement and, if gable-ended
to a street, shall have a minimum side yard of 20 feet.
(b)
Additional requirements applicable to quadraplex
or triplex.
[1]
Each dwelling unit shall have a minimum setback
from each property line of 15 feet, except that property line of an
attached contiguous dwelling unit. The minimum front yard of quadraplex
or triplex to the street shall be 25 feet.
(c)
All lots shall be contiguous to a public street,
and the minimum front yard shall be measured from the street right-of-way
line to the nearest point of the building; except a quadraplex or
triplex may have units contiguous to a public street by means of driveway
approved by the Board of Commissioners, the area of which is included
in the deed by fee simple title; provided, however, that at least
one dwelling unit must front on a public street.
(3)
In order to qualify, the developer shall offer for
dedication to the Township a tract of ground as open space, which
shall meet the following requirements:
(a)
Contain a minimum of 4,800 square feet for each
gross acre of the tract being developed.
(b)
Be acceptable to the Board of Commissioners,
which shall consider the following criteria in its decision:
[1]
Location.
[2]
Configuration.
[3]
Size.
[4]
Appropriate nature of the site for use as a
recreational area or for use for the preservation of natural features,
including but not limited to woods, trees and streams.
[5]
The Board of Commissioners may, at its discretion,
accept a cash contribution for open space.
(4)
Said open area shall be developed with improvements
which shall not be constructed or installed prior to approval of plans
and specifications by the Board of Commissioners. The required improvements
shall not cost more than 1/2 the value of the land dedicated, based
on the land cost to the developer.
G.
Development requirements.
(1)
Plans for surface water management shall be submitted
in accordance with the Code of Upper Gwynedd Township.
(2)
No living quarters in dwelling units shall be constructed
or maintained below grade.
(3)
No dwelling unit shall have living space of less than
800 square feet, excluding basement areas.
(4)
All utility distribution systems shall be placed underground.
(5)
All dwelling units shall be served by a public sanitary
sewage disposal system and public water supply.
(6)
All dwelling units shall abut a public street and shall be accessible by means of driveways for fire equipment, except as hereinabove provided for quadraplex and triplex dwelling units [§ 195-13E(3) and F(2)(c)].
(7)
The developer shall be required, where possible, to
preserve or incorporate natural features, including but not limited
to woods, trees and streams, in the development of the site.
H.
Parking and driveways.
(1)
There shall be provided for each dwelling unit a minimum
of two all-weather off-street parking spaces on the same lot as the
dwelling unit, with each pair separated from any other pair.
(2)
In the case of single-family townhouse dwellings utilizing
Townhouse Option One, the required off-street parking area shall be
located behind each unit.
[Amended 2-22-2005 by Ord. No. 2005-01]
(3)
In the case of single-family townhouse dwellings utilizing
Townhouse Option One, a twenty-foot driveway shall be provided, which
shall have two separate means of ingress and egress to a public street,
one at either end. Said driveway shall be directly accessible to
each required paved parking area and shall be a common driveway, and
the easement shall be described by metes and bounds in each deed.
No parking shall be permitted in any common driveway.
[Amended 2-22-2005 by Ord. No. 2005-01]
(4)
If a common driveway is to be included with any type
of dwelling unit, the minimum side yard and rear yard requirements
shall be increased by the width of the common driveway, and the easement
shall be described in the deed by metes and bounds.
(5)
In addition to the above-required parking, there shall
be provided 0.4 parking space per townhouse dwelling unit for visitors
and overflow parking to be located in proximity to the townhouse dwellings.
[Added 2-22-2005 by Ord. No. 2005-01]
In an R-4 Residential District, the following
regulations shall apply.
A.
Purpose. In addition to the purposes as set forth in § 195-1 of this chapter, the purpose of this section is to establish reasonable standards for an R-4 Residential District with respect to the types of residential buildings, the areas and dimensions of yards and open spaces and to provide a residential zone for an orderly transition and development of land between that land already developed as residential and all other districts.
B.
Use regulations. Buildings may be erected or used
and a lot may be used or occupied for the following purposes and no
others, provided that the requirements of this and any other pertinent
sections are met:
(1)
Single-family detached dwelling.
(3)
Single-family attached dwelling restricted to occupancy
by older persons in accordance with requirements of the Federal Fair
Housing Act when approved as a conditional use by the Board of Commissioners.
[Added 6-28-1999 by Ord. No. 99-10[1]]
[1]
Editor's Note: This ordinance also redesignated former § 195-14B(3) and (4) as § 195-14B(4) and (5), respectively.
(4)
Raising and harvesting of crops, provided that said
use shall not exceed an area of 6,000 square feet on any lot.
[Amended 11-24-2008 by Ord. No. 2008-13]
C.
(Reserved)
D.
Tract area requirements.
(1)
A tract area of not less than five acres shall be
required for the uses permitted in this district.
(2)
At least 33% of the total dwelling units shall be single-family detached dwellings as defined in § 195-3B.
(3)
No building shall be constructed to a height greater
than 28 feet.
(4)
No accessory use building shall be constructed to
a height greater than 14 feet above the lowest grade.
E.
Lot area and yard requirements.
(1)
A single-family detached dwelling shall have a minimum
lot size of 11,000 square feet, minimum lot width at building line
of 80 feet, maximum impervious cover of 20%, minimum rear yard of
48 feet, minimum side yard of 15 feet, and a minimum front yard of
40 feet.
(2)
A single-family semidetached dwelling (twin) shall
have a minimum lot size of 9,000 square feet, a minimum lot width
at building line of 65 feet, a maximum impervious cover of 20%, a
minimum rear yard of 48 feet, a minimum side yard of 15 feet and a
minimum front yard of 40 feet.
(3)
Exceptions to side and rear yards. An accessory building
or structure constructed separately from the principal building may
be erected within the side and rear yards herein established, except
in a yard which abuts a street, provided that it shall be constructed
no nearer than six feet to the rear property line and no nearer than
six feet to a side property line and shall be located to the rear
of the front wall line of the principal building.
(4)
There shall be a front yard on each street on which
a lot abuts, which shall be at least 40 feet in depth.
(5)
Minimum length along the street right-of-way shall
be 25 feet. Minimum right of access to a public right-of-way shall
be 25 feet.
F.
The following special regulations shall apply to uses described in Subsection B(3):
[Added 6-28-1999 by Ord. No. 99-10]
(1)
Intensity of use. The intensity of use shall not exceed
four dwelling units per gross acre.
(2)
Dwelling unit. For the purpose of this section, a
dwelling shall be limited to one story with a maximum total height
of 20 feet.
(3)
Occupancy restrictions.
(a)
One hundred percent of the units shall be occupied
by at least one permanent resident who shall be 55 years of age or
older.
(b)
A child or children of the principal occupant
is permitted, provided that such child shall be 18 years of age or
older. Children under age 18 may temporarily reside in a unit during
holiday periods and summer months only.
(c)
Living quarters of an on-site manager and his
family shall be a permitted accessory use.
(4)
Lot coverage. The total lot area covered by buildings,
parking lots and vehicular accessways shall not exceed 60% of the
total lot area. The remaining area shall be used for and maintained
as green area for nonvehicular purposes only.
(5)
Yard requirements.
(a)
Front. The required front yard shall be 40 feet
on each street on which the lot abuts.
(b)
Side. For each building there shall be two side
yards of not less than 40 feet each.
(c)
Rear. There shall be established for each building
a rear yard of at least 75 feet in depth.
(d)
Space between buildings. The minimum distance
between buildings shall be 20 feet.
G.
Criteria for cluster development of single-family
semidetached dwellings.
[Added 9-24-2007 by Ord. No. 2007-06[3]]
(1)
Tract requirements.
(a)
Tract area. The minimum tract area shall be
five acres.
(b)
Road frontage. The tract shall have a minimum
of 500 feet frontage on a public street.
(c)
Density. The maximum permitted density shall
be five units per gross acre.
(d)
Open space. A minimum of 20% of the tract area
shall be maintained as open space. The open space provided shall contain
an area devoted to recreational use or regional stormwater management.
Appropriateness of the open space area for the proposed use shall
be subject to approval by the Board of Commissioners.
(2)
Lot requirements.
(a)
Minimum lot area. A lot area of not less than
4,000 square feet shall be provided for every dwelling unit.
(b)
Minimum lot width. A lot width of not less than
35 feet at the building line shall be provided for every dwelling
unit.
(c)
Yard regulations. Each lot shall have a minimum
front yard of 25 feet, a minimum side yard of 10 feet and a minimum
rear yard of 20 feet. An unroofed, open patio or deck may project
into a required rear yard a distance not more than 10 feet. Accessory
buildings shall not be permitted.
(d)
Building coverage. The maximum allowable building
coverage shall be 40% of the lot area.
(e)
Impervious coverage. The maximum allowable impervious
coverage shall be 55% of the lot area.
(f)
Parking regulations. Each lot shall be provided
with two off-street parking spaces. Parking areas and driveways shall
be located no closer than one foot to adjacent lots.
[3]
Editor's Note: This ordinance also stated
that the Township's failure to enforce any of its provisions shall
not constitute a waiver of its rights of future enforcement.
In the TH Townhouse Residential District, the
following regulations shall apply.
A.
Purpose. In addition to the purposes set forth in § 195-1 of this chapter, the purpose of this section is to establish reasonable standards for the TH Townhouse Residential District with respect to the types of residential buildings, the areas and dimensions of yards and open spaces and to provide a residential zone permitting exclusively medium-density townhouse development.
B.
Use regulations. Buildings may be erected or used
and a lot may be used or occupied for the following purposes and no
other, provided that the requirements of this and any other pertinent
sections are met:
(1)
Single-family townhouse.
(2)
The following accessory uses shall be permitted:
(a)
Private garage, private parking space or outbuildings
for occupant's noncommercial use.
(b)
Recreation areas for the exclusive use of residents
and invited guests. Illumination shall be permitted only upon the
approval of a special exception and only when the height, location
and intensity of illumination do not interfere with use, enjoyment
of neighboring properties or cause a hazard to adjacent streets.
(c)
When approved by special exception, a master
antenna for radio or television to a maximum height of 35 feet.
C.
Tract area requirements.
(1)
A tract area of not less than 10 acres shall
be required for the uses permitted in this district.
(2)
No more than six single-family townhouse dwellings
shall be permitted in a single attached group or row.
(3)
The maximum density permitted shall be no more
than five dwelling units per developable acre.
(4)
The maximum building coverage shall be 20% of
the tract.
D.
Lot area and yard requirements.
(1)
Minimum lot width at building line. A minimum
lot and or dwelling width of 22 feet shall be provided.
(2)
Front yards.
(a)
A minimum front yard of 24 feet, measured from
the edge of any parking lot or road to closest point of any building,
shall be provided.
(b)
In the case of a garage unit, there shall be
a twenty-four-foot setback from the road right-of-way or a thirty-foot
setback from the curbline of a street, whichever is greater.
(c)
Front-yard setbacks shall vary from one dwelling
unit to the next so that each is offset by a minimum of two feet,
or, in the alternative, a pair of dwelling units shall be offset from
an adjoining unit by a minimum of four feet.
(3)
Distance between buildings. A minimum horizontal
distance between the ends of buildings shall be 30 feet. The minimum
distance between parallel elements of the front or rear walls shall
be 50 feet or twice the height of the taller building, whichever is
greater.
(4)
Building setbacks from streets on which the
TH District abuts. There shall be a setback from the legal right-of-way
of any street on which the district abuts of not less than 100 feet,
the outermost 50 feet of which shall be maintained as an open buffer.
The setback may be reduced to 75 feet when reverse frontage is utilized
and there is no intervening paved area.
(5)
Building setback from property lines to which
the district abuts shall be no less than 50 feet.
(6)
Height regulations. No part of any building
shall exceed 35 feet in height.
(7)
Lots proposed for sale shall have not less than
1,200 square feet per dwelling.
(8)
Parking. Not less than two off-street parking
spaces shall be required for each dwelling unit. In addition to the
above, there shall be provided 0.4 parking space per dwelling unit
for visitors and overflow parking to be interspersed throughout the
development.
(9)
No parking, storage, active recreation or paved
surfaces shall be permitted within 50 feet of a property line or street
right-of-way on which the district abuts.
(12)
Street trees positioned at least five feet behind the right-of-way and spaced by intervals not greater than 40 feet on center shall be provided along all existing and proposed streets. [See § 195-9O(6)(a).]
(13)
An accessory building or structure constructed
separately from the principal building may be erected within the rear
yard only of individual lots provided for herein, provided that it
shall be constructed no nearer than six feet from a rear lot line
and no nearer than two feet from a side lot line.
E.
Development requirements.
(1)
Access. At least one major access road consisting
of the following design at its intersection with an adjoining street
shall be provided for each townhouse development:
(a)
Ingress consisting of two eleven-foot-wide lanes.
(b)
Egress consisting of two eleven-foot-wide lanes.
(c)
A landscaped medial island of at least six feet
in width.
(d)
A tapered deceleration lane of a length acceptable
to the Township Engineer.
(e)
A setback from right-of-way of the nearest intersection
of not less than 200 feet.
(2)
Collection road. Vehicular access to the development
and the internal collection drive shall be designed and constructed
in accordance with standards for public streets, having a minimum
cartway width of 30 feet, with curbs, a fifty-four-foot right-of-way
and offered for dedication to the Township.
(3)
All utility distribution systems shall be placed
underground.
(4)
All dwelling units shall be served by a public
sanitary sewage disposal system and public water supply.
(5)
All dwelling units shall be accessible by means
of roads or driveways for fire equipment.
(6)
The developer shall be required to preserve
or incorporate natural features, including but not limited to woods,
trees and streams, in the development of the site.
(7)
Lighting facilities shall be required, where
deemed necessary by the Township, for the safety and convenience of
townhouse residents as well as the traveling public. These facilities
shall be arranged in a manner which will protect adjoining streets
and neighboring properties from unreasonable glare or hazardous interference
of any kind.
(8)
Provision for servicing the townhouse development
by refuse collection vehicles shall be provided, with any trash collection
station thoroughly screened from view. No trash incinerators shall
be utilized.
(9)
A pedestrian walkway consisting of concrete
sidewalks and bicycle trails shall be provided, effecting safe and
convenient connection between townhouses and parking facilities as
well as along the vehicular access to the development and the internal
collection drive.
(10)
Land not devoted to lots, road rights-of-way
or utilities shall generally be accessible to townhouse residents
for active or passive recreation, visual enjoyment or use as a buffer
and shall not in any case be less than 40% of the total tract area.
(11)
Provide for approval (by the Township Solicitor)
of any homeowners' association documentation and agreements.
(12)
Satisfactory documentation by way of a homeowners'
association or condominium declaration of covenants, easements and
restrictions providing for ownership and maintenance of any common
areas to be approved by the Township Solicitor.
A.
Purpose. The purpose of this section is to control
the logical development of land for mobile home use and to provide
for the suitable development of mobile home uses.
B.
Density, tract and lot dimensions.
(1)
Tract area. A tract of land of not less than 15 acres
shall be provided for every area to be used, in whole or in part,
for mobile homes and shall be held in single ownership.
(2)
Road frontage. A tract of land to be used, in whole
or part, for mobile homes shall have a frontage on at least one public
road or highway of a minimum of 200 feet.
(3)
Density. There shall be no more than five units per
developable acre.
(4)
Building area. Not more than 20% of the area of each
development may be occupied by mobile homes and accessory structures.
(5)
Lot area. A minimum lot area of 4,400 square feet
shall be provided for each lot on which a single-width mobile home
is to be placed and 5,600 square feet for each lot on which a double-width
mobile home is to be placed.
(6)
A minimum of 40% of the lots in a mobile home park
shall be for double-width mobile homes.
(7)
Lot dimensions. The following are lot width, front
yard, side yard and rear yard requirements.
(a)
Minimum lot width (single-width mobile home
lot): A minimum width of 44 feet at the building line shall be provided,
except that on a lot on the outside of a curve in the street, there
shall be a minimum width of 30 feet at the front arc line of the lot
and a minimum width of 45 feet at a distance of 50 feet from the front
arc line of the lot.
(b)
Minimum lot width (double-width mobile home
lot): A minimum width of 56 feet at the building line shall be provided,
except that on a lot on the outside of a curve in the street there
shall be a minimum width of 37 feet at the front arc line of the lot
and a minimum width of 55 feet at the distance of 50 feet from the
front arc line of the lot.
(c)
Minimum side yard. A width of at least 10 feet
shall be provided on each side.
(d)
Minimum front and rear yard. A minimum setback
from the front street of 20 feet and a rear yard of a minimum of 20
feet shall be provided.
(e)
Exceptions to side and rear yards. An accessory
building or structure constructed separately from the principal building
may be erected within the side and rear yards herein established,
except in a yard which abuts a street, provided that it shall be constructed
no nearer than six feet to the rear property line and no nearer than
six feet to a side property line and shall be located to the rear
of the front wall line of the principal building.
C.
Use regulations. A lot may be used for the following
purposes and no other, provided that the requirements of this and
any other pertinent sections are met:
(1)
Mobile home.
(2)
Playgrounds, open spaces and parks.
(3)
Swimming pool for the use of residents of the mobile
home park only.
(4)
Accessory uses on the same lot limited to those set forth in § 195-9F(1)(a) to (e) inclusive, and provided that no commercial enterprise shall be considered as an accessory use.
(5)
A building or mobile home for office space for the
manager of said mobile home development.
(6)
Raising and harvesting of crops.
D.
Buffer zone.
(1)
There shall be a parcel of ground (a buffer zone)
of a minimum of 30 feet between each mobile home lot and the boundary
line of the entire tract, including but not limited to the line abutting
any public street.
(2)
No mobile home or other building or structure shall
be located within the buffer zone.
(3)
No parking or parking area shall be permitted within
the buffer zone.
(4)
Planting shall be required within the buffer zone
as follows:
(a)
A planting strip of evergreen or other suitable
shrubbery and trees so arranged to provide a suitable screen. Continuous
hedges shall not be used. Such planting strip shall be located within
the thirty-foot buffer zone and shall be a minimum of 15 feet in width
and six feet in height. The remainder of the buffer zone shall be
planted in grass and kept mowed.
(b)
Prior to the issuance of any permit for construction, plans shall be submitted in accordance with § 195-9O of this chapter.
(c)
The buffer zone shall be continuously under
the complete control of the owner of the mobile home park and maintained
by said owner.
E.
Parking. Parking requirements shall be those specified in Article VI of this chapter. In addition to those requirements, it is hereby provided that no parking space shall be located closer than five feet to any side or rear lot line.
G.
Development regulations.
(1)
Each mobile home shall be served by and connected
to a public sanitary sewer disposal system and public water supply.
Internal streets shall have hydrants placed so that no mobile home
is more than 600 feet from a hydrant. Each lot shall be equipped with
a sewer riser pipe and water riser pipe.
(2)
All utility lines, including cable television, serving
the mobile home development shall be placed underground. Each lot
shall be supplied with necessary shutoff valves accessible from ground
surface but not under the mobile home.
(3)
All streets shall have 40 feet right-of-way and be
paved to a minimum cartway of 26 feet, curbed and storm drained in
accordance with Township requirements.
(4)
Sidewalks shall be installed in accordance with Township
standards.
(6)
Lighting facilities shall be required where deemed
necessary by the Board of Commissioners for the safety of residents
and shall be so arranged to protect the highway and neighboring properties
from unreasonable glare and/or hazardous interference of any kind.
(7)
Provision shall be made for safe and efficient ingress
and egress to and from public streets serving the mobile home development
which will minimize congestion and interference with normal traffic
flow.
(8)
No mobile home shall have a living space of less than
400 square feet.
(9)
Recreation areas. There shall be provided on the premises an area having not less than 3,000 square feet per developable acre, designed and developed exclusively for outdoor recreational use by the mobile home park residents, but no recreation area shall be located within the buffer zone required by § 195-15D.
(10)
No mobile home or other structure shall be more
than 20 feet in height.
(11)
Carports, enclosed porches and any extensions
shall comply with all the setback, side and rear yard requirements.
(12)
Any storage shed shall not be located within
the front yard and shall not be located any closer than five feet
to any side or rear lot line.
(13)
Each mobile home shall have foundation piers
which shall be constructed so as to prevent shift or settlement. All
piers shall be central under each I-beam of the mobile home with a
maximum spacing of 10 feet on center and not further than five feet
from the ends of the mobile home.
(14)
Each mobile home shall be provided with tie-downs.
All tie-down components, including anchors, must be able to withstand
at least 4,800 pounds without failure.
(15)
Each mobile home shall have an enclosure of
compatible design and material erected around the entire base of each
mobile home. All towing hitches shall be removed from view.
(16)
All sample or display mobile homes offered for
sale or rent shall be positioned on lots and conform in all respects
to yard requirements and all other regulations under the Mobile Home
Park District. Such units shall be included within the density calculations,
whether occupied or not. Storage of unoccupied and/or disassembled
mobile homes or appurtenances shall not be permitted in any manner,
except only as may be permitted on an authorized lot as a living unit
complete with utility connections and required parking.
In a GA Garden Apartments District, the following
regulations shall apply.
A.
Purpose. The purpose of this section is to control
the logical development of land for garden apartment use in accordance
with the Comprehensive Plan; to permit a variety in type of housing;
to assure the suitable development of garden apartment uses in order
to protect the environment of adjacent and nearby neighborhoods; to
ensure that a proposed development will embody sustained desirability
and stability; and to maintain traffic volumes which are within the
capacity of roads serving Garden Apartments Districts.
B.
Use regulations. A building may be erected or used
and a lot may be used for the following purposes and no other, provided
that the requirements of this and any other pertinent sections are
met:
(1)
An apartment house or group of apartment houses.
(2)
Playgrounds, open spaces and parks.
(3)
Swimming pool for use by apartment occupants only.
(4)
Raising and harvesting of crops, provided that said
use shall not exceed an area of 6,000 square feet on any lot.
[Amended 11-24-2008 by Ord. No. 2008-13]
(5)
When authorized as a special exception, professional
offices, subject to such conditions and restrictions as the Zoning
Hearing Board may determine, provided that such offices shall not
be established in a separate building and that the area devoted to
such use shall not exceed 5% of the total area of the building.
(7)
Accessory uses customarily incidental to the above
uses, provided that no commercial enterprise shall be considered as
an accessory use.
C.
Area and yard regulations.
(1)
Lot area. A lot area of not less than 10 acres shall
be provided for every area to be used, in whole or in part, for garden
apartments.
(2)
Building area. Not more than 20% of the area of each
development may be occupied by buildings.
(3)
Front yard. There shall be a front yard on each street
on which the lot abuts, the depth of which will be at least 75 feet,
measured from the street line.
(4)
Side yards. There shall be two side yards, one on each side of the principal building or the principal buildings nearest the side boundaries of the lot, each of which shall be not less than 25 feet, except as modified by § 195-16D.
(5)
Rear yard. There shall be a rear yard, the depth of which shall be at least 25 feet, except as modified by § 195-16D.
(6)
Apartment unit areas.
(a)
Not less than 700 square feet of floor area
shall be provided for each one-bedroom apartment unit.
(b)
Not less than 900 square feet of floor area
shall be provided for each two-bedroom apartment unit.
(c)
Not less than 1,100 square feet of floor area
shall be provided for each three-bedroom apartment unit.
(7)
Townhouse apartments. Not more than 1/3 of the total apartment units shall be townhouse apartments. Townhouse apartment unit areas shall be the same as the apartment unit areas set forth in § 195-16C(6) above.
(8)
There shall be no more than eight dwelling units per
acre.
(9)
All construction shall remain without change from
the plans submitted and approved by the Board of Commissioners prior
to the beginning of construction, and no apartment unit shall be made
larger or smaller by combining or dividing units as shown on the approved
plans, nor shall any construction be made which will change the ratio
of townhouse apartments to apartment units from that which was approved
prior to construction.
D.
Additional yard regulations. Notwithstanding the provisions of § 195-16C, no building or structure of any kind shall be located closer than 50 feet to any side or rear property line adjacent to a residential district.
E.
Height regulations. No building shall exceed two stories in height in accordance with § 195-9M, exclusive of basement.
G.
Signs. Signs permitted in this district shall be a part of the aesthetic whole and shall be governed by the provisions of Article VII hereof.
H.
Development regulations.
(1)
No dwelling units shall be constructed or maintained
below grade.
(2)
Inner courts (those surrounded or substantially surrounded
by walls) shall not be permitted.
(3)
The minimum width of an open court (those having walls
on three sides) shall be 40 feet, provided that if the walls of the
court exceed 25 feet in height, the width of the court shall be increased
by two feet for each foot or portion thereof by which the height of
the walls exceeds 25 feet.
(4)
Lanes serving parking spaces shall be a minimum of
22 feet in width and shall be, together with all areas provided for
vehicular use and all pedestrian walkways, constructed in accordance
with Township specifications.
(5)
The distance, at the closest point, between any two
buildings within a garden apartments development shall be not less
than 20 feet.
(6)
The maximum length of any apartment building, including
angles, shall be 200 feet.
(7)
All utility lines servicing the apartment complex
shall be placed underground.
(8)
All buildings shall be served by a public sanitary
sewage disposal system and public water supply.
(9)
No parking shall be permitted within the minimum front
yard, side yard and rear yard requirements.
(10)
A screening buffer in accordance with § 195-9O shall be provided and maintained along all property lines, except along public street rights-of-way.
(11)
The developer shall be required, where possible,
to preserve or incorporate natural features, such as woods, streams
and open space areas in the development of a site.
(12)
Stormwater management shall be provided in accordance
with the Code of Upper Gwynedd Township.
(13)
Lighting facilities shall be required where
deemed necessary for the safety and convenience of garden apartments
residents. These facilities shall be arranged in a manner which will
protect the highway and neighboring properties from unreasonable glare
or hazardous interference of any kind.
(14)
Provision for servicing garden apartments by
refuse collection vehicles shall be provided, with any trash accumulation
area thoroughly screened from view. No incinerators shall be utilized.
(15)
Recreation areas and facilities may be required
by the Board of Commissioners where considered to be appropriate.
(16)
Provisions shall be made for safe and efficient
ingress and egress to and from public streets and highways serving
the garden apartments development which will minimize congestion and
interference with normal traffic flow.
(17)
If the development of an apartment complex is
to be carried out in stages, each stage shall be so planned that the
requirements and intent of this chapter shall be fully complied with
at the completion of any stage.
I.
Recreation areas. There shall be provided on the premises
an area having not less than 100 square feet per dwelling unit and
located conveniently thereto, designed and developed exclusively for
outdoor recreational use, such area being permitted to extend within
the otherwise required yards or open space, exclusive of front yard.
Further, in no case shall any recreation area be located within 50
feet of an abutting residential district.
In a VPR Village Preservation Residential District,
the following regulations shall apply.
A.
Purpose. In expansion of the purpose contained in § 195-1, it is hereby declared to be the purpose of this article, with respect to the Village Preservation Residential District, to encourage the preservation of the existing character and residential lifestyles of the West Point neighborhood of Upper Gwynedd Township, which exhibits a mixture of single-family detached dwellings and two-family dwellings on smaller lot sizes than those found elsewhere in the Township. Furthermore, it is the intent of this district to guide the future development or redevelopment of this neighborhood in the Township by providing strict control of such activity within the Village Preservation Residential District in order to ensure that they contribute to the general welfare of the residents of West Point.
B.
A building may be erected, altered or used, and a
lot or premises may be used for any of the following purposes and
no other:
(1)
Single-family detached dwelling.
(2)
Two-family dwellings (twins and duplexes).
(3)
Municipal parks or buildings.
(4)
Raising and harvesting of crops, provided that said
use shall not exceed an area of 6,000 square feet on any lot.
[Amended 11-24-2008 by Ord. No. 2008-13]
(5)
Accessory uses on the same lot with and customarily
incidental to any of the above permitted uses.
(6)
Any of the following uses, when authorized by the
Zoning Hearing Board as a special exception:
(a)
Churches.
(b)
Public libraries.
(c)
Conversions of residential structures. The conversion
of a single-family dwelling into a residence for a greater number
of families is subject to the following requirements:
[1]
When applying for a conversion, the property
is to be considered as though zoned R-2 and must comply with all R-2
regulations.
[2]
Fire escape and outside stairways shall, when
practicable, be located to the rear of the building. Outside stairways
shall be enclosed. A metal fire escape shall be provided for each
floor above the second leading to the ground. Each unit shall have
two means of exit.
[3]
The Zoning Hearing Board shall specify the maximum
number of families permitted to occupy such buildings and may prescribe
such further conditions and restrictions as the Zoning Hearing Board
may consider appropriate.
C.
Development regulations. The following regulations
shall apply in the Village Preservation Residential District.
(1)
Area, width, yard and coverage regulations. The following
area, width, coverage and yard regulations shall apply in the Village
Preservation Residential District.
(a)
Single-family detached house.
[1]
Minimum lot area: 9,800 square feet.
[2]
Minimum lot width: 80 feet.
[3]
Front yard minimum: 30 feet.
[4]
Minimum side yard aggregate: 30 feet.
[5]
Side yard minimum: 10 feet.
[6]
Minimum rear yard: 40 feet.
[7]
Maximum building coverage: 25%.
[8]
Maximum lot coverage: 40% (all impervious material).
(3)
Sewer and water facilities. Each lot shall be served
by public sewer and public water facilities.
(4)
Off-street parking. The off-street parking requirements of § 195-28A(1) of this chapter shall apply.
(5)
Exceptions to side and rear yards. An accessory building
or structure constructed separately from the principal building may
be erected within the side and rear yards herein established, except
in a yard which abuts a street, provided that it shall be constructed
no nearer than six feet to the rear property line and no nearer than
six feet to a side property line and shall be located to the rear
of the front wall line of the principal building.
In a VC Village Commercial District, the following
regulations shall apply.
A.
Purpose. In expansion of the purpose contained in § 195-1 of this chapter, it is hereby declared to be the specific purpose of this article, with respect to the Village Commercial District, to provide appropriate standards for restricted commercial and office usage where unrestricted commercial development would be undesirable in preserving the character of the commercial core of West Point and to:
(1)
Allow for conversion of appropriate residential structures
for office use or residential commercial usage or a combination of
these uses with limited residential use.
(2)
Provide for only those commercial and office uses
which would not conflict with nearby existing residential development
and which can serve as transitions between the residential development
and other existing uses.
(3)
Provide regulations specifically tailored to permit
development of smaller, individual office and limited commercial uses.
B.
Permitted uses. In the Village Commercial District,
a building may be used or a lot may be used or occupied for any of
the following purposes:
(1)
Professional offices for doctors, dentists, chiropractors
or any other practitioner of the healing arts for humans, lawyers,
engineers or architects, urban planners, accountants, economic consultants
or other professionals similar to those listed above.
(2)
Business offices providing services such as security
and commodity brokerage, real estate sales, employment counseling,
insurance sales, advertising, mailing and stenographic services and
other services similar in nature to those listed above.
(3)
Telephone, telegraph or other public utility office.
(4)
Retail service shop, including but not limited to
a grocery or bakery, custom tailoring shop or a household appliance
repair shop, provided that a minimum of 30% of a shop used for such
purposes is devoted to customer use and that such area is completely
separated from any area devoted to a processing activity by a wall
or partition.
(5)
Personal service shop, including but not limited to
hairdresser, barbershop or shoe repair, provided that a minimum of
30% of a shop used for such purpose shall be devoted to customer use.
(6)
Specialized retail stores such as a gift shop, antique
shop, bookstore, tobacco shop, jewelry store, hobby shop, florist,
wearing apparel store and any other use of similar nature; provided,
however, that automobile service/repair stations or fuel pump service
islands or other similar uses shall not be permitted.
(7)
Dance, art or music studio.
(8)
Travel agency.
(9)
Restaurant, cafe, tavern or similar establishment,
but excluding fast-food restaurants or drive-in restaurants.
[Amended 7-23-2012 by Ord. No. 2012-04]
(10)
Photography studio.
(11)
Single-family or two-family dwelling (twin or duplex), according to the standards of § 195-17C of this chapter.
(12)
Dwelling unit in a mixed-use structure and short-term rentals.
[Amended 8-26-2019 by Ord. No. 2019-11]
(13)
Mixed-use structures containing any combination of the uses listed in § 195-18B(1) through (12) herein and a maximum of one dwelling unit.
(14)
Accessory use on the same lot with, and customarily incidental to, any of the uses provided for in § 195-18B(1) through (13).
(15)
Raising and harvesting of crops, provided that
said use shall not exceed an area of 6,000 square feet on any lot.
[Amended 11-24-2008 by Ord. No. 2008-13]
(16)
The following uses, when authorized as a special exception by the Township Zoning Hearing Board (ZHB): dry cleaning or laundry, whether or not coin-operated, provided that a minimum of 30% of a shop used for such purposes shall be devoted to customer use and the proposed operation is consistent with Subsection A(2) of this section and § 195-55 of this chapter.
C.
Development regulations. The following regulations
shall apply in the Village Commercial District.
(1)
Area, width, yard and coverage regulations. The following
regulations shall apply to permitted commercial uses in the Village
Commercial District.
(a)
Lot area: minimum of 8,000 square feet.
(b)
Lot width: minimum of 40 feet.
(c)
Front yard: the same as the adjoining building
with the larger front yard or a minimum of 15 feet, whichever is greater.
(d)
Side yard: two side yards, the aggregate of
which is a minimum of 20 feet, neither one of which is less than five
feet.
(e)
Rear yard: minimum of 40 feet.
(f)
Maximum building coverage: 25% principal and
accessory buildings.
(g)
Impervious coverage: maximum of 80% impervious
material coverage, including the building, driveway, parking and storage
areas.
(2)
District buffer. Where the Village Commercial District
adjoins the Village Preservation Residential District, there shall
be a planted buffer with a minimum width of five feet in front, side
and/or rear yard.
(3)
Sewer and water facilities. Each lot shall be served
by public sewers and public water facilities.
(4)
Parking. Parking shall be provided in accordance with Article VI, Off-Street Parking and Loading, of this chapter and all other applicable codes of Upper Gwynedd Township. Parking shall be located in the rear of Village Commercial District establishments, with access being provided by existing streets and/or existing and proposed alleys. Where parking cannot be provided in the rear yard, it may be provided in one side yard other than that abutting a residential zoning district, a recreation area or a street. Where Article VI, Off-Street Parking and Loading, provides greater requirements, they shall apply; otherwise, the following minimum requirements shall apply in the Village Commercial District:
(a)
Medical or dental office: one parking space
for each 100 square feet of gross floor area, with a minimum of five
spaces.
(b)
Business, public utility office: one parking
space for each 200 square feet of gross floor area, with a minimum
of five spaces.
(c)
Retail store, service shop or studio: one parking
space for each 100 square feet of gross floor area.
(d)
Restaurant: one parking space for every 50 square
feet of gross floor area.
(e)
Dwelling unit: two parking spaces on the same
lot.
(5)
An accessory building or structure constructed separately
from the principal building may be erected within the rear yard only
of individual lots provided for herein, provided that it shall be
constructed no nearer than six feet from a rear lot line and no nearer
than two feet from a side lot line.
In a PSR Planned Single-Family Residential District,
the following regulations shall apply.
A.
Purpose. In addition to and in aid of the purposes set forth in § 195-1 of this chapter, the intent of this section is to preserve open space and tree cover for the benefit of the residents of the Township of Upper Gwynedd and the promotion of their health, safety, morals and general well-being by permitting a reduction in lot requirements in certain single-family-residential-district subdivisions, while maintaining the permitted density of dwelling units within the subdivision area and preserving the area thereby gained as open space for the aforesaid purposes.
B.
Area and width regulations. When permitted in accordance
with the provisions of this section, the following minimum and maximum
regulations shall apply to a qualifying planned development subdivision:
(1)
In R-1 Residential Zones.
(a)
Lot area and width. A lot area of not less than
35,000 square feet and a lot width of not less than 150 feet at the
building line or at a point of the proposed building closest to the
street and extending the full depth of the building shall be provided
for every dwelling.
(b)
Building area. Not more than 10% of the area
of each lot may be occupied by buildings.
(c)
Front yard. There shall be a front yard on each
street on which the lot abuts, the depth of which shall be at least
60 feet.
(d)
Side yards. There shall be two side yards, one
on each side of the principal building, each of which shall be not
less than 30 feet in width.
(e)
Rear yard. There shall be a rear yard, the depth
of which shall be at least 50 feet.
(f)
Exceptions to side and rear yards. An accessory
building or structure constructed separately from the principal building
may be erected within the side and rear yards herein established,
except in a yard which abuts a street, provided that it shall be constructed
no nearer than six feet to the rear property line and no nearer than
six feet to a side property line and shall be located to the rear
of the front wall line of the principal building.
(2)
In R-2 Residential Zones.
(a)
Lot area and width. A lot of not less than 17,400
square feet and a lot width of not less than 100 feet at the building
line or at the point of the proposed building closest to the street
and extending the full depth of the building shall be provided for
every dwelling.
(b)
Building area. Not more than 20% of the area
of each lot may be occupied by buildings.
(c)
Front yard. There shall be a front yard on a
street on which the lot abuts, the depths of which shall be at least
50 feet.
(d)
Side yards. There shall be two side yards, one
on each side of the principal building, each of which shall be not
less than 20 feet in width.
(e)
Rear yard. There shall be a rear yard, the depth
of which shall not be less than 50 feet.
(f)
Exceptions to side and rear yards. An accessory
building or structure constructed separately from the principal building
may be erected within the side and rear yards herein established,
except in a yard which abuts a street, provided that it shall be constructed
no nearer than six feet to the rear property line and no nearer than
six feet to a side property line.
C.
Procedure and qualifications. The reduced minimum and maximum regulations may be applied to a proposed subdivision submitted in accordance with normal procedures established by the Upper Gwynedd Township Subdivision Ordinance in Chapter 168 of this Code, only upon the following conditions:
(1)
The maximum number of residential lots that may be
created shall be computed either by subtracting 20% of the total area
being subdivided for street right-of-way and dividing the remaining
area by the minimum lot area requirement normally applicable to the
district in which the subdivision is to be located or by submitting
a preliminary plan of subdivision based upon the lot area requirement
normally applicable to the district in which the subdivision is to
be located and ascertaining the number of lots which could be thus
located upon the tract.
(2)
There shall be set aside for public or local community
use, in a manner approved by the Board of Commissioners of Upper Gwynedd
Township, an area at least equal in square-foot area to the total
area by which the lots were reduced below the minimum requirements
of the district, but shall, in no case, be less than one acre. Said
area shall be shaped as the Board of Commissioners of Upper Gwynedd
Township shall require.
(3)
The proposed subdivision must be a tract of land at
least 15 acres in area.
(4)
The proposed subdivision must be served by public
water and sanitary sewerage facilities.
(5)
The proposed development shall be designed so as to
constitute a desirable and harmonious addition to the environment
of the area.
(6)
The tract to be developed shall be in one ownership
or shall be the subject of an application filed jointly by the owners
of the entire tract.
(7)
The proposed plan of development may be submitted
to the Planning Commission or such other boards of the Township as
the Commissioners may deem necessary for review.
In an OC Office Center District, the following
regulations shall apply.
A.
Purpose. The purpose of this section is to establish
reasonable standards for the Office Center District with respect to
height and size of buildings, the areas and dimensions of yards and
open spaces, the provisions of facilities to minimize traffic congestion,
overcrowding of land, adequate water and sewer facilities, which shall
be suitable with the general character of the adjoining district.
B.
Use regulations. A building may be erected or used
and a lot may be used or occupied for the following purposes and no
other, provided that the requirements of this and any other pertinent
sections are met:
(1)
Offices for administrative, executive, professional,
sales and financial institutions which do not involve the actual storage,
exchange or delivery of merchandise on the premises.
(2)
Raising and harvesting of crops.
(3)
Medical or dental offices for the examination, diagnosis and/or treatment
of persons on a nonemergency, exclusively outpatient basis, including
physical therapy facilities, and including procedures that require
the administering of anesthesia, and including medical laboratories
incidental and accessory thereto. Medical or dental clinics that accept
patients without appointments are specifically excluded from this
permitted use.
[Added 11-23-2015 by Ord.
No. 2015-10]
C.
Area, width and yard regulations.
(1)
Tract area requirements. A tract area of not less
than four acres shall be provided for every area to be used for an
office center, subject to the following additional requirements:
[Amended 9-25-1989 by Ord. No. 89-10]
(a)
The area may be subdivided into separate parcels,
provided that no individual lot shall contain less than one acre.
(2)
Building coverage.
(a)
One acre: a maximum of 10% of lot area.
(b)
Building coverage may be increased at the rate
of 2% per acre for additional land area up to a maximum of twenty-percent
coverage for the entire tract area.
(c)
Building arrangement. When more than one building
is proposed on the same lot, the buildings shall be arranged in accordance
with an overall plan in a complementary manner and as an integrated
unit, even though the buildings may be built in phases.
(d)
Distance between buildings. When more than one
building is to be built on the same lot, the minimum distance between
buildings shall be 50 feet.
(3)
Lot width. A lot width shall be provided at the building
line of a minimum of 200 feet.
(4)
Front yard. There shall be a front yard on each street
on which the lot abuts of a depth of at least 50 feet, measured from
the street line. No parking shall be permitted in the minimum front
yard.
(5)
Side yard. There shall be two side yards on each lot,
other than corner lots, one on each side of the principal building,
which shall total an aggregate of 100 feet, and one of which shall
be not less than 30 feet. No driveway shall be permitted within 25
feet of any property line, and no driveway shall be permitted in a
side yard adjacent to a residential use.
(6)
Rear yard. There shall be a rear yard with a depth
of at least 50 feet. There shall be a twenty-five-foot open buffer
adjacent to the rear property line. A connecting driveway is not permitted
within 25 feet of the property line.
(7)
Height of building. No building shall be erected which
will exceed 35 feet or three stories in height, whichever is less.
(8)
Where impervious land cover exceeds 15%, surface water management measures conforming to the provisions of Chapter 168, Subdivision and Land Development, shall be submitted for approval by the Board of Commissioners.
(9)
Each OC District shall be surrounded by a buffer zone
of the following width and type:
(a)
Abutting residential and garden apartment zones: 50 feet, which shall be landscaped in accordance with § 195-9O(1).
(c)
Abutting railroads and all other nonresidential districts: 25 feet, which shall be landscaped in accordance with § 195-9O(3).
(d)
No parking or paving shall be permitted in this
buffer zone other than an access driveway or a street extending from
a public highway.
(e)
Opaque fencing may be required by the Board
of Commissioners.
D.
Where a use permitted in this section adjoins a residential
or garden apartments district, no building or structure shall be permitted
within 75 feet of any front, side or rear lot line.
E.
Development requirements. The general plan of any
Office Center District shall include specific evidence and facts showing
that it has considered and made provisions for, and the development
shall be executed in accordance with, the following essential conditions:
(1)
The development shall consist of a building or structure,
service and parking areas and circulation and open spaces planned
and designed as an integrated unit in such manner as to constitute
a safe and efficient OC District.
(2)
Plans shall be submitted in accordance with § 195-9P and shall be approved by the Board of Commissioners prior to the issuance of any building permit.
(3)
All buildings shall be served by public water and
public sewer.
(4)
All public utilities, including telephone, electric
service and cable television service, shall be installed underground.
(5)
Lighting. External lighting facilities shall be required
where deemed necessary by the Board of Commissioners for the safety
and convenience of the entire development. These facilities shall
be arranged in a manner which will protect the highway and neighboring
properties from any glare or hazardous interference of any kind and
shall be approved by the Board of Commissioners.
(6)
Trash and refuse. The design of buildings in an OC
District shall include either a provision for storage of trash, refuse
and garbage inside the building or an exterior masonry-walled area
may be used. All design and construction of any trash storage area
must be approved by the Fire Marshal of Upper Gwynedd Township prior
to construction. When an exterior masonry-walled area is used, the
walls must shield the area from direct view of any adjacent property
and streets, and such walls must be at least six feet in height unless
the Building Code Official determines that a higher wall is necessary
due to a difference of property elevation, but in no case shall a
wall in excess of 10 feet be required.
(7)
Safe and efficient ingress and egress provisions shall
be made to and from the public streets and highways serving the development
which will minimize congestion and interference with normal traffic
flow. Curbs shall be required on all interior and public streets and
sidewalks, and traffic signals may also be required at the discretion
of the Board of Commissioners of Upper Gwynedd Township. No planting
shall be permitted in any areas assigned to streets and driveways.
(8)
No exterior storage of materials or equipment shall
be permitted.
(9)
No use shall be permitted which may be noxious or
offensive by reason of odor, dust, fumes, smoke, gas, vibration or
noise, or which may constitute a public hazard either by fire, explosion
or otherwise.
(10)
Deed covenants.
(a)
A deed to each separate parcel shall contain
a restriction or covenant running with the land, setting forth the
ownership and maintenance of any common facilities, including but
not limited to driveways, nonpublic roads, sewage lift stations, sewer
mains, water mains, storm drains, retention ponds or other stormwater
runoff control facilities. The Board of Commissioners, under these
covenants, shall have the power to oversee the maintenance of these
facilities, and should the Board of Commissioners find that maintenance
is required, it shall then notify the owner of affected parcels, and
said owner shall make the repairs within 30 days. If the property
owner fails to make the repairs, the Board of Commissioners will cause
the same to be made and assess the owner 1 1/2 times the cost
of doing so.
(b)
Such deed restriction or covenant running with
the land shall be first approved by the Board of Commissioners of
Upper Gwynedd Township.
F.
Off-street parking. Off-street parking shall be provided
in accordance with the codes of Upper Gwynedd Township.
[Added 7-28-2003 by Ord. No. 2003-10] [1]
A.
Intent. The intent of the Township in permitting development
pursuant to this section is as follows:
(1)
To provide for an intensity and type of land use that
is compatible with and supportive of the use of public transportation;
(2)
To recognize that, by having land use patterns that
encourage use of public transit opportunities, traffic in the community
can be reduced and travel choices for residents can be expanded;
(3)
To encourage redevelopment of obsolete properties
whose prior or present uses adversely impair the property or surrounding
properties;
(4)
To provide for flexibility in lot sizes, setbacks,
and other area and bulk requirements so that imaginative and innovative
designs can be developed;
(5)
To encourage mixed-use development consistent with
small town character;
(6)
To ensure that mixed-use development is consistent
in character in its residential and nonresidential components;
(7)
To encourage the provision of a pedestrian environment
and to promote a pedestrian orientation of buildings and streets;
and
(8)
To encourage development that has open and recreational
spaces as focal points.
B.
Use regulations. TOD development shall be permitted
on those tracts designated on the Township Zoning Map as TOD overlay
tracts and when authorized as a conditional use by the governing body.
The following uses are permitted within a TOD development:
(1)
Apartment houses and short-term rentals.
[Amended 8-26-2019 by Ord. No. 2019-11]
(2)
Mixed-use buildings, provided the uses within such
buildings are individually permitted elsewhere in this section;
(3)
Parking facilities, including structured parking;
(4)
Playgrounds, parks, tot-lots, community centers and
open spaces to serve the residents of the TOD development;
(5)
Personal service and commercial uses serving the needs
of the residents and commuters, including restaurants, taverns, commercial
offices, medical offices, personal service shops, retail shops, cultural
or recreational facilities, banking and financial services, including
drive-through banking;
[Amended 7-23-2012 by Ord. No. 2012-04]
(6)
Transportation-related facilities; and
(7)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses, such as a detached
residential garage.
C.
Development standards.
(1)
General.
(a)
Where TOD tracts are divided by municipal boundary
lines, tract-wide provisions, such as minimum tract area and density,
shall be applied to the entire tract as though such lines did not
exist, unless otherwise specifically noted. A municipal boundary line
may not bisect any building unless approved by the Board of Commissioners.
(b)
A portion of a TOD tract must be within 500
feet of an existing or proposed commuter rail station and/or support
parking lot for such station. The 500 feet shall be measured from
the nearest property line of the TOD to the nearest property line
of the commuter rail station property.
(c)
Tract area. The minimum gross area of the tract
shall be 20 acres.
(d)
Tract width. The minimum tract width shall be
500 feet with a minimum of 150 feet of frontage along two primary
roads.
(e)
Water and sewer. All TOD developments shall
be serviced by public water and sewer.
(f)
The tract to be developed shall be in one ownership
or shall be the subject of an application filed jointly by the owners
of the entire tract under consideration.
(g)
TOD developments shall be designed to be compatible
in their residential and nonresidential components in terms of architecture,
building materials, massing and scale.
(2)
Density, mix and tract-wide area and bulk requirements.
(a)
The maximum density for a TOD development shall
not be more than 11 dwelling units per gross acre measured over the
entire TOD tract.
(b)
All TOD developments shall provide a mix of
residential uses, nonresidential uses and open space. The area devoted
to residential uses shall be no less than 80% of the total tract area.
The area devoted to nonresidential uses, including mixed-use buildings,
shall be no less than 15% and no more than 20% of the tract area.
The area developed to open space uses, which may be located within
the residential and/or nonresidential use areas, shall be no less
than 20% of the tract area.
(c)
Building and impervious coverage. The maximum
building and impervious coverage shall not exceed the coverage permitted
in the underlying zoning district for the portion of the tract within
such district(s).
(d)
Tract setback requirements:
[1]
External roads. Buildings shall be set back
a minimum of 75 feet, and parking areas shall be set back a minimum
of 50 feet from external road rights-of-way.
[2]
Other external property lines. Buildings and
parking shall be set back a minimum of 25 feet from all other property
lines, although this shall be reduced to 10 feet for parking where
properties abut railroad tracks.
[3]
No building or structure of any kind shall be
located closer than 50 feet to any side or rear property line adjacent
to a residential district unless it abuts railroad tracks.
(e)
Building height. The maximum height of any building
or other structure erected or used for any purpose herein shall be
not more than 35 feet. However, the 35 feet may be increased to a
maximum of 45 feet, provided that, for every foot in height in excess
of 35 feet, there shall be added to each yard requirement two corresponding
feet.
(3)
Apartment houses.
(a)
Inner courts shall not be permitted.
(b)
The minimum width of an open court (those having
walls on three sides) shall be 40 feet, provided that, if the walls
of the court exceed 25 feet in height, the width of the court shall
be increased by two feet for each foot or portion thereof by which
the height of the walls exceeds 25 feet.
(c)
The maximum length of any building used exclusively
for apartments (excluding mixed-use buildings), including angles,
shall be 200 feet.
(d)
Building spacing.
[1]
The minimum distance between parallel elements
of two buildings shall be: for front or rear walls to front or rear
walls, 50 feet; for end walls to front or rear walls, 40 feet; for
end walls to end walls, 35 feet.
[2]
Where corners of buildings are not parallel to one another, the minimum distances between buildings required under Subsection C(3)(d)[1] above shall be provided at the midpoint of the nonparallel facing walls, provided that in no case shall there be less than 20 feet between the corners of adjacent buildings. For the purpose of this section, "nonparallel" shall refer to only those conditions where adjacent buildings are angled at not less than 30°.
(e)
Roofs. All apartment buildings shall have pitched
roofs (or pitched parapet roofs) with a pitch of at least six vertical
inches to every 12 horizontal inches.
(4)
Nonresidential uses, including commercial and nonresidential
parking areas.
(a)
Location. All nonresidential uses and associated
parking shall be generally located on a portion of the tract that
is closest to the transit station property they are intended to serve.
(b)
Building orientation and entrance. Front facades
of nonresidential buildings shall generally be oriented toward an
internal or external street or driveway.
(c)
Building spacing. The distance between two or
more buildings shall be a minimum of 35 feet or no less than the height
of the taller building, whichever is greater.
(d)
(e)
Roofs. All nonresidential buildings shall have
pitched roofs (or pitched parapet roofs) with a pitch of at least
six vertical inches to every 12 horizontal inches.
(f)
Building presentation. All nonresidential buildings
shall provide architectural features, which may be in the form of
bay windows, porticos, building extensions, and other architectural
treatments.
(g)
Maximum size of individual uses. The maximum
size for a nonresidential use (not including parking areas) shall
be 20,000 square feet of gross building area.
(5)
Pedestrian and transit-oriented design elements.
(a)
Sidewalks or other walkways acceptable to the
governing body shall be provided along all internal streets or driveways.
(b)
Convenient pedestrian connections shall be provided
from all building entrances to parking areas, open space and recreational
areas, the nonresidential uses on the tract and to the transit station
intended to be served by the TOD.
(c)
Sidewalks or walkways shall connect to existing
sidewalks on abutting tracts.
(d)
All sidewalks and walkways providing primary
connections to the train station and/or nonresidential uses shall
be a minimum of four feet in width.
(e)
Site amenities such as bicycle racks, benches
and trash receptacles shall be provided in appropriate locations.
(6)
Parking. Due to the transit-oriented nature of the
TOD development, a reduced demand for parking is anticipated. Parking
requirements are as follows:
(a)
Parking for residential units shall be provided
at a rate of 2.4 spaces per unit over the entire residential portion
of the TOD. Up to 50% of the garage spaces may be counted toward this
requirement.
(b)
Off-street parking for buildings abutting the
main internal drive should be generally located to the side or rear
of nonresidential and apartment buildings and is prohibited between
buildings and streets. Where off-street parking must be located along
the main internal drive frontage or external street frontage, a ten-foot
landscaped area shall be provided between the parking and the curbline.
(c)
Parking areas shall be interconnected and cross
easements provided to ensure shared use is provided.
(d)
Parking for nonresidential units shall be provided based on the specific requirements for each use, as required by Article VI, minus 10% to account for the adjacency of public transportation to the proposed use, which would reduce dependency on automobiles.
(e)
Where the applicant can demonstrate that different nonresidential uses have differing peak parking demand periods or that other parking is available for the use, the governing body may authorize, as part of the conditional use approval, shared parking such that the total number of spaces provided is less than the sum of the requirements of the individual uses. In no case shall this result in a total reduction of parking provided of more than 25% of that required by Subsection C(6)(d) above.
(f)
On-street parallel parking may be used to meet
up to 30% of the parking requirements.
(g)
Off-street parking and garages should be designed
such that vehicular access does not dominate the primary internal
driveway(s) or existing external streetscape. The main internal drive
is the primary connecting access cartway that connects the internal
driveways and parking lots to the external street system.
(h)
Parking facilities in support of the transit
station use shall be offered for dedication to the municipality or
a municipal authority.
(7)
Loading and trash disposal.
(8)
Landscaping and buffering. Landscaping and buffering, including street trees and parking lot landscaping, shall be provided in accordance with the requirements of § 195-9O and the Subdivision and Land Development Ordinance in Chapter 168 of this Code.
(a)
Residential elements of the TOD shall be provided
with a screen buffer when adjacent to nonresidential uses adjacent
to the TOD.
(b)
TOD property lines adjacent to residential land
uses shall be provided with a screen buffer.
(c)
Yard areas contiguous to adjacent public streets
shall be provided with not less than a softening buffer.
(9)
Open space. A minimum of 20% of the gross tract area
shall be used for open space and recreational activities for the use
of the residents of the TOD and shall be in accordance with the following
standards:
(a)
Open space for the purposes of determining compliance
with this section may include setback and buffer areas, central open
space, plazas, active recreation areas, such as pools, walking paths
and tennis courts, and similar open space areas. Stormwater management
facilities and parking lots shall not be counted as open space.
(b)
The open space requirement shall be met on an
overall tract basis, but the final design shall be deemed acceptable
to both governing bodies in the case of a tract divided by municipal
boundaries.
(c)
At least 30% of the required open space shall
be provided in the form of one or more central open spaces, defined
as open space meeting any one of the following design options.
(10)
Lighting.
(a)
Lighting shall be provided at intersections
along all perimeter public streets, at regular intervals along interior
streets and interior walkways and parking areas at spacing sufficient
to provide illumination of not less than one footcandle at ground
surface.
(b)
Lighting standards shall be traditional in design
and consistent in style within both the residential and nonresidential
areas of the TOD tract.
(c)
Residential lighting standards shall be provided
with a maximum height of 14 feet.
(d)
Nonresidential lighting standards shall be provided
with a maximum height of 20 feet, and fixtures shall be provided with
a residential cutoff when adjacent to residential land uses within
and adjacent to the TOD tract.
(11)
In the event that a portion or all of a TOD
is changed to a condominium form of ownership, the condominium association
documents shall be submitted to and approved by the Township Solicitor.
(12)
Any of the above development standards may be
modified or waived by the governing body if it is determined that
such relief will contribute to a better overall design for the TOD
development.
D.
Application for approval.
(1)
The TOD shall be available as a conditional use, and
application shall be made for such approval in accordance with the
provisions of this subsection.
(2)
Such applications shall be accompanied by a conditional
use plan showing the relationship among the various components of
the development. The conditional use shall be prepared at a scale
appropriate to the size of the property and in sufficient detail to
demonstrate that the plan complies with the requirements of this chapter.
The conditional use plan shall be conceptual in nature and shall not
be required to meet the provisions of a preliminary subdivision or
land development plan. The applicant shall have the option of submitting
preliminary subdivision or land development plans concurrent with
the conditional use application. The conditional use plan shall include
the following elements:
(a)
An existing features plan shall be submitted
which shall indicate the tract size, out bounds of the tract, topography,
wetlands, woodlands, floodplains, recorded easements and rights-of-way
and any other significant physical or man-made feature existing on
the tract.
(b)
A general land use plan, indicating the tract
area and the general locations of the land uses included, shall be
submitted. The total number and type of dwelling units and the amount
of nonresidential square footage shall be provided. The residential
density and the overall tract intensity (building and impervious coverage)
shall be provided. The plan shall indicate the location of proposed
uses within the development; the location and amount of common open
space, along with any proposed recreational facilities, such as but
not limited to pedestrian pathways, community greens, community centers,
etc.
(c)
Conceptual architectural renderings, showing
the general design, scale and materials of residential and nonresidential
buildings within the TOD development.
(d)
A conceptual utility plan shall be included,
which shall indicate the proposed location of sanitary sewer and water
lines, along with a narrative indicating the feasibility of such facilities.
The plan shall also show the approximate areas needed for stormwater
management.
(e)
A traffic study shall be submitted which analyzes
the likely impacts of the proposed development and makes traffic improvement
recommendations in accordance with standard traffic engineering procedures.
(3)
Hearing on conditional use request. The Board of Commissioners
shall hold a public hearing upon written request and shall give public
notice, as defined herein. The hearing shall be held within 60 days
after the date the request is filed, unless the applicant requests
or consents in writing to an extension of time.
(4)
Decision on conditional use request. In allowing a
conditional use, the Board of Commissioners may attach reasonable
conditions and safeguards as may be deemed necessary to implement
the purposes of this chapter and ensure the protection of adjacent
uses and streets from adverse impacts that may be determined from
credible testimony.
(5)
An applicant for a conditional use shall have the
burden of establishing:
(a)
That the application falls within the provision
of the ordinance which accords the applicant the right to seek a conditional
use;
(b)
That the allowance of the conditional use will
not be contrary to the public interest;
(c)
Credible evidence relating to the above, as
well as any specific criteria established for the conditional use
within the district allowed; and
(d)
That the application shall be suitable in terms
of effects on highway traffic and safety, including the arrangement
for access and interior circulation to protect streets from undue
congestion and hazard. When required by the Township, a traffic impact
report shall be prepared at applicant's expense to demonstrate the
impact of the proposal on the levels of service of adjoining street
frontages and intersections along major highways within 1,000 feet
of the property. If required as a condition of approval by the Board
of Commissioners, the applicant shall be required to implement required
traffic and transportation improvements and/or detail the source for
these improvements and coordinate the phasing of the proposed development
with those highway intersection improvements deemed appropriate by
the Township.
[1]
Editor's Note: Former § 195-21,
ARD Administrative, Research and Development District, was repealed
5-24-1999 by Ord. No. 99-8.
[Added 8-22-2023 by Ord. No. 2023-02]
A.
Intent and applicability. The following shall be specific objectives
and limitations of the Transit-Oriented Overlay District-2 ("TOD-2"):
(1)
To accommodate smaller undeveloped and unimproved tracts within
the area adjacent to the Pennbrook Rail Transit Station which are
located within 1/2 mile of the Pennbrook Station as identified in
the 2040 Upper Gwynedd Township Comprehensive Plan. (See page 58).
(2)
The TOD-2 shall only apply to those areas of the Township where
the underlying zoning district is LI-Limited Industrial District.
In the event of a conflict between the provisions of the LI-Limited
Industrial District and this TOD-2, the provisions of this TOD-2 shall
apply with respect to developments proposed hereunder.
B.
Use regulations. TOD-2 development shall be permitted on those tracts
designated on the Township Zoning Map as TOD-2 overlay tracts and
when authorized as a conditional use by the governing body. Any of
the following uses, or any combination thereof, are permitted within
a TOD-2 development:
(1)
Multiple-family dwelling (defined term).
(2)
Single-family townhouse dwelling (defined term).
(3)
Parking facilities, including garages and carports.
(4)
Playgrounds, parks, tot lots, and open spaces to serve the residents
of the TOD-2 development.
(5)
Accessory use on the same lot with and customarily incidental
to any of the foregoing permitted uses, such as, but not limited to,
a detached residential garage, rental or management office, or fitness
and/or community center.
C.
Development standards.
(1)
A portion of a TOD-2 tract must be within 1/2 mile of an existing
commuter rail station and/or support parking lot for such station.
The 1/2 mile shall be measured in a direct line from the nearest property
line of the TOD-2 to the nearest property line of the commuter rail
station property.
(2)
Tract area. The minimum gross area shall be four acres but not
to exceed eight acres of gross area.
(3)
Tract width. The minimum total frontage along a public street
or Township-approved private street shall be at least 200 feet.
(4)
Density. The maximum density for a TOD-2 development shall not
be more than 11 dwelling units per gross acre measured over the entire
TOD-2 tract.
(5)
Building and impervious coverage. The maximum building and impervious
coverage shall not exceed the coverage permitted in the underlying
zoning district for the portion of the tract within such district(s).
(6)
Tract setback requirements.
(a)
External roads. Parking shall be set back a minimum of 15 feet,
and buildings shall be set back a minimum of 40 feet from external
road rights-of-way, or in the case of a private road or street, parking
and building shall be set back a minimum of 10 feet from the edge
of the curb or where a curb does not exist, from the edge of paving.
(b)
Other external property lines. Buildings shall be set back a
minimum of 25 feet from all other property lines, and parking shall
be set back a minimum of 10 feet; provided, however, shared access
and parking may be located closer than 10 feet from condominium unit
boundaries when approved by the condominium as evidenced by a recorded
condominium declaration, recorded condominium plats and plans, recorded
agreement or recorded easement.
(c)
No building or structure of any kind shall be located closer
than 50 feet to any side or rear property line adjacent to a residential
use in a residential zoning district.
(7)
Building height. The maximum height of any principal building
or other structure erected or used for any purpose herein shall be
not more than 35 feet.
(8)
Water and sewer. All TOD-2 developments shall be serviced by
public water and sewer.
(9)
The tract to be developed shall be in one ownership or shall
be the subject of an application filed jointly by the owners of the
entire tract under consideration.
(10)
Pedestrian- and transit-oriented design elements.
(a)
Sidewalks or other walkways acceptable to the governing body
shall be provided along all internal streets or driveways.
(b)
Pedestrian connections shall be provided from all building entrances
to parking areas, open space and recreational areas, and to the transit
station intended to be served by the TOD-2.
(c)
Sidewalks or walkways shall connect to existing sidewalks on
abutting tracts.
(d)
All sidewalks and walkways providing primary connections to
the train station and/or adjacent nonresidential uses shall be minimum
of four feet in width.
(e)
Site amenities such as bicycle racks, benches and trash receptacles
shall be provided in appropriate locations.
(11)
Parking. Due to the transit-oriented nature of the TOD-2 development,
a reduced demand for parking is anticipated. Parking requirements
are as follows:
(a)
Parking for residential units shall be provided as follows:
1.4 parking spaces for each studio apartment or one-bedroom residential
units; 2.4 parking spaces for residential units of two or more bedrooms.
Up to 50% of the required parking spaces may be shared parking spaces
on property(ies) adjacent to the tract when approved by the Board
of Commissioners.
(b)
Specifically for single-family townhouse developments, off-street
parking for buildings abutting the main internal drive should be generally
located to the side or rear of residential buildings. Where off-street
parking must be located along the main internal drive frontage or
external street frontage, a ten-foot landscaped area shall be provided
between the parking and curbline of any public street.
(c)
Parking areas shall be interconnected and cross easements provided
to ensure shared use is provided.
(d)
Off-street parking and garages should be designed such that
vehicular access does not dominate the primary internal driveway(s)
or existing external streetscape. The main internal drive is the primary
connecting access cartway that connects the internal driveways and
parking lots to the external street system.
(12)
Landscaping and buffering. Landscaping and buffering, including street trees and parking lot landscaping, shall be provided in accordance with the requirements of § 195-9O. and, unless waived, the applicable requirements of the Subdivision and Land Development Ordinance in Chapter 168 of this Code.
(a)
Residential elements shall be provided with a screen buffer
when the TOD-2 tract is adjacent to nonresidential uses.
(b)
TOD-2 tract boundary lines adjacent to residential land uses
shall be provided with a screen buffer.
(c)
Yard areas contiguous to existing perimeter access streets shall
be provided with not less than a softening buffer.
(13)
Open space. A minimum of 20% of the gross tract area shall be
used for open space and recreational activities for the use of the
residents of the TOD-2 and shall be in accordance with the following
standards:
(a)
Open space for the purposes of determining compliance with this
section may include setback and buffer areas, central open space,
plazas, clubhouses, active recreation areas, such as pools, walking
paths and tennis courts, and similar open space areas. Stormwater
management facilities and park lots shall not be counted as open space.
(14)
Lighting.
(a)
Lighting shall be provided at intersections along all perimeter
streets, at regular intervals along interior streets and interior
walkways and parking areas at spacing sufficient to provide illumination
of not less than one footcandle at ground surface.
(b)
Residential lighting standards shall be provided with a maximum
height of 14 feet.
(c)
Lighting standards shall be provided with a maximum height of
20 feet, and fixtures shall be provided with residential cutoff when
located along perimeter streets.
(15)
Internal driveways for multifamily dwelling developments. Vehicular
ways within multifamily dwelling developments shall be considered
driveways and not streets. Parallel, angled and perpendicular parking
areas are permitted along driveways, provided that the minimum cartway
width of the driveway is 26 feet.
D.
Application for approval.
(1)
TOD-2 shall be available as a conditional use, and application
shall be made for such approval in accordance with the provisions
of this subsection.
(2)
Such applications shall be accompanied by a conditional use
plan showing the relationship among the various components of the
development. The conditional use plan shall be prepared at a scale
appropriate to the size of the property and in sufficient detail to
demonstrate that the plan complies with the requirements of this chapter.
The conditional use plan may be conceptual in nature and shall not
be required to meet the provisions of a preliminary subdivision or
land development plan. The applicant shall have the option of submitting
preliminary subdivision or land development plans concurrent with
the conditional use application. The conditional use plan shall include
the following elements:
(a)
An existing features plan shall be submitted, which shall indicate
the tract size, out bounds of the tract, topography, wetlands, woodlands,
floodplains, recorded easements and rights-of-way and any other significant
physical or man-made feature existing on the tract.
(b)
A general land use plan, indicating the tract area and the general
locations of the land uses included, shall be submitted. The total
number and type of dwelling units and the square footage shall be
provided. The residential density and the overall tract intensity
(building and impervious coverage) shall be provided. The plan shall
indicate the location of proposed uses within the development; the
location and amount of common open space, along with any proposed
recreational facilities, such as but not limited to pedestrian pathways,
community greens, community centers, etc.
(c)
Conceptual architectural renderings, showing the general design,
scale and materials of residential buildings within the TOD-2 development.
(d)
A conceptual utility plan shall be included, which shall indicate
the proposed location of sanitary sewer and water lines, along with
a narrative indicating the feasibility of such facilities. The plan
shall also show the approximate areas needed for stormwater management.
(e)
A traffic study shall be submitted which estimates peak hour
traffic generation by the proposed development and the likely traffic
impacts of the proposed development on adjacent intersections and
roadways based thereon and makes traffic improvement recommendations,
if any, in accordance with standard traffic engineering procedures.
(3)
Hearing on conditional use request. The Board of Commissioners
shall hold a public hearing upon written request and shall give public
notice, as defined herein. The hearing shall be held within 60 days
after the date the request is filed, unless the applicant requests
or consents in writing to an extension of time.
(4)
Decision on conditional use request. The Board of Commissioners shall consider § 195-27.1. In allowing a conditional use, the Board of Commissioners may attach reasonable conditions and safeguards as may be deemed necessary to implement the purposes of this chapter and ensure the protection of adjacent uses and streets from adverse impacts that may be determined from credible testimony.
(5)
An applicant for a conditional use shall have the burden of
establishing:
(a)
That the application falls within the provision of this chapter
which accords the applicant the right to seek a conditional use;
(b)
That the allowance of the conditional use will not be contrary
to the public interest;
(c)
Credible evidence relating to the above, as well as any specific
criteria established for the conditional use within the district allowed;
and
(d)
That the application shall be suitable in terms of effects on
highway traffic and safety, including the arrangement for access and
interior circulation to protect streets from undue congestion and
hazard. When required by the Township, a traffic impact analysis shall
be prepared at the applicant's expense to demonstrate the impact
of the proposal on the levels of service of adjoining street frontages
and intersections along major highways within 1,500 feet of the property.
If required as a condition of approval by the Board of Commissioners,
the applicant shall be required to implement required traffic and
transportation improvements and/or detail the source for these improvements
and coordinate the phasing of the proposed development with those
highway intersection improvements deemed appropriate by the Board.
In a C Commercial District, the following regulations
shall apply.
A.
Use regulations. A building may be erected, altered
or used and a lot or premises may be used for any one of the following
purposes and no other:
(1)
Retail sale of dry goods, variety and general merchandise, clothing,
food, including restaurant without drive-through, flowers, beverages,
drugs, household supplies or furnishings, sale or repair of jewelry,
watches and clocks, optical goods or musical, professional or scientific
instruments, job printing, bakery, tutorial services, personal service
business (including but not limited to hair salon, nail salon, massage
or facial or skin treatments), appliance store, retail sale of pets
and/or pet products and services, hardware store, cabinet showroom
and sales, dry cleaning, bank or financial institutional (without
a drive-through), medical or dental offices (including but not limited
to emergency or urgent care or surgery centers), physical therapy
facilities and any other use of the same general character as those
specifically enumerated in this subsection.
[Amended 5-29-2018 by Ord. No. 2018-004]
(2)
Barbershops, hairdressing establishments and such
other shops in the personal service category.
(3)
Business or professional offices or studios.
(4)
Club, fraternal organization or lodge.
(7)
Accessory use on the same lot with and customarily
incidental to the use permitted and utilized.
(8)
The following uses when authorized as a special exception:
(b)
A laundromat or dry-cleaning establishment,
provided that no flammable fluids are used.
(c)
Gasoline service station, storage or public
garage or automobile repair shop.
(d)
New or used car sales.
(e)
Undertaking establishment.
(f)
Educational, religious or philanthropic use.
(g)
Financial institution.
(h)
A combined commercial and single-family residential use in one structure, provided that the commercial use shall be of the type permitted in § 195-22A.
(i)
A car-wash facility, provided that:
[1]
A minimum lot size of one acre is provided.
[2]
Each car-wash bay shall have a minimum of 120
feet available for cars to approach, said area to be surfaced with
cement or bituminous concrete.
[3]
A parking area shall be provided to the extent
of four spaces per washing bay, said area to be surfaced with cement
or bituminous concrete.
[4]
No accessory buildings shall be permitted.
[5]
Applicant submits to the Zoning Hearing Board
a statement from the appropriate sewer authority authorizing connection
of the premises to its sewer and indicating that it will receive the
type of effluent to be generated upon the premises. All bays shall
be connected to the sanitary sewers.
[6]
All roof, parking and traveling lane areas shall
be provided with drainage facilities to collect, transport and deliver,
via underground conduits, storm or surface waters to the nearest storm
sewers or stream.
[7]
All car-washing equipment shall be contained
within a completely enclosed building.
[8]
A grade of not more than 3% is established from
street level to the bays.
[9]
No other subordinate or accessory use of any
kind shall be permitted in conjunction therewith, including, but not
by way of limitation, a repair or body shop, sales or installation
of automatic parts or equipment or sales or rentals of automobiles,
trucks or trailers and vending machines other than those directly
relating to car-washing functions.
[10]
The Township Engineer shall have
reviewed and approved the plans showing the ingress and egress patterns
to be established for the use.
[11]
No overnight parking permitted.
[12]
The total overall noise level
of the facility shall not exceed 65 decibels in the band from zero
to 20,000 cycles at any boundary or beyond.
(j)
Post office.
(k)
The dispensing of medical marijuana by a dispensary as defined
and limited by and under the terms of the Medical Marijuana Act, Act
of April 17, 2016, P.L. 84, No. 16.
[Added 9-25-2017 by Ord.
No. 2017-07]
(9)
The following uses when authorized as a conditional use and subject to the express criteria in connection therewith and the conditional use standards contained in § 195-27.1 of this chapter:
[Added 5-29-2018 by Ord.
No. 2018-004]
(a)
Multiple principal uses on a single lot, provided that:
[1]
The lot is comprised of sufficient area for the internal parking
and circulation of employees, contractors, suppliers, patrons, guests
and customers.
[2]
The lot is comprised of sufficient area for the operation of
the requested principal uses.
[3]
The multiple principal uses are compatible, and will not conflict.
[4]
Multiple principal uses are not permitted to include a residential
use.
[5]
The total required parking on the lot shall be the sum of each use's individual parking requirements, in accordance with § 195-28, except that the parking requirements for C Commercial lots developed with five or more establishments shall comply with § 195-28A(11).
(b)
A full-service, full-amenity hotel, restaurant with drive-through,
bank or financial institution with drive-through, day care for children
or seniors, or tavern.
(c)
Greenhouse or nursery sales yard.
(d)
Wholesaling, storage and sale of lumber, plumbing and other
building materials and supplies.
B.
Area and width regulations. The following regulations
shall govern all business uses permitted under this section when not
combined with a residential use.
(1)
Lot area and width. A lot area of not less than 15,000
square feet and a lot width of not less than 75 feet at the building
line or at a point of the proposed building closest to the street
and extending the full depth of the building shall be provided for
every building hereafter erected or used for any purpose permitted
in this district.
(2)
Building area. Not more than 30% of the area of each
lot may be occupied by buildings.
(3)
Front yard. There shall be a front yard on each street
on which the lot abuts, the depth of which shall be not less than
60 feet.
(4)
Side yards. There shall be two side yards, one on each side of the principal building, neither of which shall be less than 12 feet in width, subject to the provisions of § 195-22D.
(5)
There shall be a rear yard, the depth of which shall
be not less than 50 feet.
C.
Area and width regulations for combined commercial
and residential uses. The following regulations shall govern the use
of a lot in a commercial district for combined commercial and single-family
residential use:
(1)
A lot area of not less than 21,780 square feet and
a lot width of not less than 120 feet at the building line or at the
point of the proposed building closest to the street and extending
the full depth of the building shall be provided for every building
hereafter erected.
(2)
Not more than 20% of the area of each lot may be occupied
by buildings.
(3)
There shall be a front yard on each street on which
the lot abuts, the depth of which shall not be less than 60 feet.
(4)
There shall be two side yards, one on each side of the principal building, neither of which shall be less than 25 feet, and the aggregate of which shall be at least 60 feet, subject to the provisions of § 195-22D.
(5)
There shall be a rear yard, the depth of which shall
be not less than 50 feet.
D.
Where a commercially zoned area adjoins a residential
area, the following additional regulations shall also apply:
(1)
No building shall be located closer than 50 feet to
a side or rear property line adjacent to a residential district.
(2)
No parking or service area shall be located closer
than 30 feet of a side or rear property line adjacent to a residential
district.
(4)
An opaque fence of an approved type of a minimum of
five feet in height shall be required unless deleted by the Commissioners.
E.
The commercial use shall be served by adequate public
water and public sewage disposal, the adequacy of which shall be demonstrated
and guaranteed.
In an SC Shopping Center District, the following
regulations shall apply.
A.
Purpose. The purpose of this section is to control
the logical development of land for shopping center use in accordance
with the overall purpose of this chapter; to assure the suitable development
of shopping center use in order to protect the environment of adjacent
and nearby neighborhoods; to ensure that a proposed development will
embody sustained desirability and stability; and to maintain traffic
volumes which are within the capacity of the roads serving the Shopping
Center District, to minimize noise, glare, air and water pollution
and fire and safety hazards.
B.
Shopping center use. A shopping center use of land
shall be subject to the following regulations:
(1)
Use regulations. A shopping center use consisting
of a building or combination of buildings may be erected or used and
a lot area may be used or occupied for any of the following purposes
and no other:
(a)
Retail store, including retail outlet or showroom for uses permitted in Subsection B(1)(i) hereof, but not including automobile sales agency, provided that no goods shall be displayed on the exterior of any building or on the lot.
(b)
Restaurant or tavern.
[Amended 7-23-2012 by Ord. No. 2012-04]
(c)
Office or studio.
(d)
The following personal service shops dealing
directly with customers: beauty parlor, barbershop, clothes-cleaning
agency (not including a cleaning and dyeing plant), automatic dry
cleaning or self-service laundry.
(e)
Theater (not including outdoor motion-picture
establishment), assembly hall or community building, indoor recreational
establishment or library.
(f)
Bakery, confectionery or custom shop for the production of articles to be sold at retail on the premises, provided that all baking or processing is conducted in accord with Subsection B(1)(i) below.
(g)
Bank.
(h)
Passenger bus station, electric substation,
telephone and telegraph office or post office.
(i)
The following uses, provided that, if such uses
are located on the ground floor, they shall not be located within
20 feet of the front of the building, and provided that they shall
be effectively screened from the front portion of the building by
a wall or partition:
[1]
General servicing or repair.
[2]
Upholstering.
[3]
Carpentry or woodworking.
[4]
Electrical, radio or television repair.
[5]
Hand laundering, dry cleaning or pressing, provided
that no flammable fluids are used.
[6]
Tailoring, dressmaking or repair.
[7]
Millinery repair or processing.
[8]
Any similar use involving repair, processing
or storage activity.
(j)
Accessory use customarily incidental to any
of the above uses.
(k)
Any use of the same general character as any
of the above permitted uses, when authorized as a special exception
by the Zoning Hearing Board, provided that such use shall be permitted
subject to such reasonable restrictions as the Zoning Hearing Board
may determine, and further provided that no trade or business shall
be permitted which is either noxious or hazardous.
(m)
Raising and harvesting of crops.
(n)
Consumer fireworks sales, not to include the sale of display
fireworks and provided that:
[Added 9-24-2018 by Ord.
No. 2018-011]
[1]
Sales from permanent facilities that are licensed by the Pennsylvania
Department of Agriculture to sell consumer fireworks and meet the
criteria and rules contained in Sections 2407 and 2409 of Article
XXIV, Fireworks, of Section 43 of the Tax Reform Code of 1971, as
amended July 13, 2016 (P.L. 256, No. 84) and which received a zoning
permit from Upper Gwynedd Township.
[2]
Sales from temporary structures that are licensed by the Department
of Agriculture to sell consumer fireworks and meet the requirements
contained in Section 2410 of Article XXIV, Fireworks, of Section 43
of the Tax Reform Code of 1971, as amended July 13, 2016 (P.L. 526,
No. 84) and which received a zoning permit from Upper Gwynedd Township,
and:
(2)
Development requirements. The general plan for a shopping
center shall include specific evidence and facts showing that it has
considered and made provision for, and the development shall be executed
in accordance with, the following essential conditions:
(a)
The proposed development shall be constructed in accordance with an overall plan, shall be designed as a single architectural style with appropriate landscaping and shall provide initially for the construction of a minimum of 7,500 square feet of floor area and not less than three of the uses listed in Subsection B(1) above.
(b)
The total area shall be not less than five acres.
(c)
All buildings shall be arranged in a group or
in groups.
(d)
Not more than 20% of the lot area shall be occupied
by buildings.
(e)
The distance, at the closest point, between
any two buildings or groups or units of attached buildings shall be
not less than 40 feet.
(f)
Adequate areas shall be provided for loading
and unloading of delivery trucks and other vehicles; servicing of
shops by refuse collection, fuel, fire and other service vehicles;
automobile accessways and pedestrian walks. Service areas shall be
screened from view from any abutting roadways, from within the parking
area and from adjoining residences. All areas provided for use by
vehicles and all pedestrian walks shall be constructed in accordance
with specifications approved by the Township Engineer.
(g)
Provision shall be made for safe and efficient
ingress and egress to and from public streets and highways serving
the center without undue congestion to or interference with the normal
traffic flow, which may include the installation of traffic lights,
as warranted at time of construction or later, at the owner's expense.
Traffic will be subject to review at the discretion of the Board of
Commissioners.
(h)
No building may be located closer than 100 feet
to the street line of any public street, road or alley, no closer
than 50 feet to a side or rear property line adjacent to a residential
district or within 25 feet of any property line.
(i)
Off-street parking shall comply with the Code
of Upper Gwynedd Township.
(j)
No parking access and service area may be located
closer than 30 feet to a side or rear property line adjacent to a
residential district.
(k)
Parking, loading or service areas used by motor
vehicles shall be located entirely within the lot lines of the shopping
center and shall be physically separated from public streets.
(l)
(m)
Lighting facilities shall be arranged in a manner
which will protect the highway and neighboring properties from unreasonable
direct glare or hazardous interference of any kind.
(n)
The proposed shopping center shall be served
by adequate public water and public sewage disposal facilities, the
adequacy of which shall be demonstrated and guaranteed.
(o)
For the purpose of calculating the minimum area, lot dimension and yard requirements established by Subsection B, a single planned Shopping Center District cannot lie on two sides of a public street or alley. Any area designed as being an SC District and lying on both sides of a public street shall be deemed to be two SC Districts, and all minimum requirements shall be met by buildings on each side of said public street as separate districts.
(p)
The Board of Commissioners may prescribe particular
requirements or any further reasonable conditions, including fencing,
deemed appropriate with respect to the suitability of the shopping
center in the neighborhood.
(3)
Approval or disapproval by the Board of Commissioners.
(b)
If portions of the shopping center project are
to be completed in successive stages, a less detailed sketch or layout
of the area not scheduled for immediate development may be submitted;
however, prior to the actual commencement of additional development,
a supplemental plan or plans shall be submitted showing all of the
required detail as hereinafter set forth.
[Amended 12-18-1996 by Ord. No. 96-12; 4-27-2015 by Ord. No. 2015-02]
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 Commissioners of the Township does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
General provisions.
(1)
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.
(2)
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.
(3)
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 Upper
Gwynedd Township or any officer or employee thereof for any flood
damages that result from reliance on this section or any administrative
decision lawfully made thereunder.
(4)
Intent. In an FP Floodplain District, the following regulations shall
apply.
(a)
Declaration of legislative intent. In addition to the purpose and statement of community development objectives found in § 195-1 of this chapter of the Code of Upper Gwynedd Township, the specific intent of this district shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of Upper Gwynedd Township. Furthermore, in light of the Township's certification as eligible for federal flood insurance, it is the intent of this district to provide adequate protection for flood-prone properties within Upper Gwynedd Township. In advancing these principles and the general purpose of the Zoning Ordinance and Comprehensive Plan, the following shall be the specific objectives of the Floodplain District.
[1]
To combine with present zoning requirements certain restrictions
made necessary for flood-prone areas to promote the general health,
welfare and safety of the Township.
[2]
To prevent the erection of structures in areas unfit for human
usage by reason of danger from flooding, unsanitary conditions or
other hazard.
[3]
To minimize danger to public health by protecting the quality
and quantity of surface and subsurface water supplies adjacent to
and underlying flood hazard areas and promoting safe and sanitary
drainage.
[4]
To permit only those uses which can be appropriately located
in the floodplain as herein defined and which will not impede the
flow or storage of floodwaters or otherwise cause danger to life and
property at, above or below their locations along the floodplain.
[5]
To protect those individuals who might choose, despite the flood
dangers, to develop or occupy land on a floodplain.
[6]
To protect adjacent landowners and those both upstream and downstream
from damages resulting from development within a floodplain and the
consequent obstruction or increase in flow of floodwaters.
[7]
To protect the entire Township from individual uses of land
which may have an effect upon subsequent expenditures for public works
and disaster relief and adversely affect the economic well-being of
the Township.
[8]
To maintain, undisturbed, the ecological balance between those
natural system elements, including wildlife, vegetation and marine
life, dependent upon watercourses and water areas.
[9]
To protect other municipalities within the same watershed from
the impact of improper development and consequent increased potential
for flooding.
[10]
To provide areas for the deposition of flood-borne
sediment.
[11]
To require that uses vulnerable to floods be developed
so as to be protected from flood damage in accordance with the requirements
of the Federal Flood Insurance Program, P.L. 93-234.
[12]
To encourage the utilization of appropriate construction
practices in order to prevent or minimize flood damage in the future.
[13]
To minimize danger to public health by protecting
water supply and natural drainage.
[14]
To reduce financial burdens imposed on the community,
its governmental units, and its residents, by preventing excessive
development in areas subject to flooding.
[15]
To comply with federal and state floodplain management
requirements.
C.
Administration.
(1)
Designation of the Floodplain Administrator.
(a)
The Zoning Officer is hereby appointed to administer and enforce
this section and is referred to herein as the "Floodplain Administrator."
(b)
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.
(c)
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 CFR 59.22.
(d)
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Township
Manager.
(2)
Permits required.
(a)
A permit shall be required before any construction or development
is undertaken within any identified floodplain area of the Township.
(b)
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 Floodplain District of Upper Gwynedd
Township unless a permit has been obtained from the Floodplain Administrator.
(c)
A permit shall not be required for minor repairs to existing
buildings or structures located in the Floodplain District.
(d)
A permit shall be required for temporary stream crossings located
within any identified floodplain area.
(e)
A permit shall be required for activities by other governmental
agencies within any identified floodplain area, including but not
limited to roads, bridges and buildings.
(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)
In the case of existing structures, prior to the issuance of
any development/permit, the Floodplain Administrator shall review
the history of repairs to the subject building, so that any repetitive
loss issues can be addressed before the permit is issued.
(c)
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.
(d)
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.
(e)
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 Commissioners for whatever action
it considers necessary.
(f)
The Floodplain Administrator shall maintain in perpetuity all
records associated with the requirements of this section, including,
but not limited to, finished construction elevation data (lowest floor
elevation and floodproofing elevations), permitting, inspection and
enforcement.
(g)
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.
(h)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or latest revisions
thereof.
(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. 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:
[4]
The following data and documentation:
[a]
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with a base flood; and
[b]
For nonresidential uses only, detailed information
concerning any proposed floodproofing measures and corresponding elevations.
[c]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District with floodway [See Subsection D(2)(a).], when combined with all other existing and anticipated development, 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 any identified floodplain area (See Subsection D(1).], when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
[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.
[i]
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.
[i]
All required permits from other agencies (i.e.,
county, state, federal) must be obtained and submitted to the Township
before the Township can issue a permit for an application within the
identified floodplain area.
(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 by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area that may require a variance, special exception or
conditional use approval shall be submitted by the Floodplain Administrator
to the County Conservation District for review and comment prior to
the issuance of a permit. The recommendations of the Conservation
District shall be considered by the Floodplain Administrator for possible
incorporation into the proposed plan.
(6)
Review of application by others.
(a)
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.
(b)
Prior to the issuance of a permit for any proposed construction
or development in any identified floodplain area, the Floodplain Administrator
shall review the permit application to determine if all other necessary
government permits required by county, state and federal laws have
been obtained. All outside agency permits must be obtained prior to
the Township issuing a permit.
(7)
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 the Floodplain Administrator
for consideration.
(8)
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard, 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.
(9)
Start of construction.
(a)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance and shall 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 "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.
(b)
Time extensions shall be granted only if a written request is
submitted by the applicant which 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.
(10)
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 who fails to comply with any or all of
the requirements or provisions of this section or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the municipality shall be guilty
of a misdemeanor and, upon conviction, shall pay a fine to the Township
of not less than $25 nor more than $600 plus costs of prosecution.
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 Commissioners to be a
public nuisance and abatable as such.
(11)
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 Board of Commissioners. Such appeal must
be filed, in writing, within 30 days after the decision, determination
or action of the Floodplain Administrator.
(b)
Upon receipt of such appeal, the Board of Commissioners shall
set a time and place, within not less than 10 or more than 30 days,
for the purpose of considering the appeal. Notice of the time and
place at which the appeal will be considered shall be given to all
parties.
D.
Identification of floodplain areas.
(1)
Identified floodplain area.
(a)
The identified floodplain area shall be:
[1]
Any areas of the Township classified as Special Flood Hazard
Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying
Flood Insurance Rate Maps (FIRMs) dated March 2, 2016, 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; and
[Amended 2-22-2016 by Ord. No. 2016-05]
[2]
Any community-identified flood hazard areas.
(b)
The above-referenced FIS and FIRMs, and any subsequent revisions
and amendments, are hereby adopted by Upper Gwynedd Township and declared
to be a part of this section.
(c)
The identified floodplain area may also be designated throughout
this section as the "Floodplain District."
(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 cumulatively 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 a 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.
(c)
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.
[1]
No permit shall be granted for any construction, development,
use or activity within any AE Area/District without floodway unless
it is demonstrated that the cumulative effect of the proposed development
would not, together with all other existing and anticipated development,
increase the BFE more than one foot at any point.
[2]
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.
(d)
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.
[1]
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.
(e)
Community-identified flood hazard areas shall be those areas
where the Township has identified local flood hazard or ponding areas,
as delineated and adopted on a local flood hazard map using best available
topographic data and locally derived information such as flood of
record, historic high-water marks, soils or approximate study methodologies.
(3)
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Commissioners 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 F(2) 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
Floodplain Administrator, and any party aggrieved by this decision
or determination may appeal to the Board of Commissioners. 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.
(6)
Overlay concept. The Floodplain District (identified floodplain area)
shall be deemed an overlay on any zoning district now or hereafter
applicable to any lot.
(a)
Should the Floodplain District be declared inapplicable to any
tract by reason of action of the Township Commissioners in amending
this chapter or the Zoning Hearing Board or any court of competent
jurisdiction in interpreting the same, the zoning applicable to such
lot shall be deemed to be the district in which it is located without
consideration of this district.
(b)
Should the zoning of any parcel or any part thereof in which
the Floodplain District is located be changed through any legislative
or administrative actions or judicial discretion, such change shall
have no effect on the Floodplain District unless such change was included
as part of the original application.
E.
Permitted uses.
(1)
The following uses and no other will be permitted in a Floodplain
District:
(a)
Cultivation and harvesting of crops in accordance with recognized
soil conservation practices.
(b)
Pasture and grazing land in accordance with recognized soil
conservation practices.
(c)
Outdoor plant nursery or orchard in accordance with recognized
soil conservation practices.
(d)
Wildlife sanctuary, woodland preserve, arboretum and passive
recreation or parks, including hiking, bicycle and bridle trails,
but including no facilities subject to damage by flooding.
(e)
Forestry, lumbering and forestation in accordance with recognized
natural resource conservation practices, but permitted no structures.
(f)
Utility transmission lines.
(g)
Sealed public water supply wells with approval of proper state
agencies.
(h)
Sanitary sewers with approval of proper state agencies.
(i)
Front, side or rear yards and required lot area for any district.
(2)
All permitted uses are subject to floodproofing regulations in applicable codes. (See Chapter 103, Flood Damage Control, Article II, for floodproofing regulations.) Any of the uses or development activity in Subsection E(1) above shall not be permitted within the designated floodway unless the effect of such proposed activity on flood heights is fully offset by accompanying stream improvements.
(3)
The following uses shall be specifically prohibited in a Floodplain
District:
(a)
All freestanding structures, buildings, manufactured homes and
retaining walls, with the exception of flood-retention dams, culverts
and bridges, as approved by the Pennsylvania Department of Environmental
Protection.
(b)
The relocation of any watercourse without approval by the Board
of Commissioners of Upper Gwynedd Township, which shall first have
received the recommendation of the Township Planning Commission and
the Natural Resources Conservation Service, United States Department
of Agriculture, thereon, and the approval of the Pennsylvania Department
of Environmental Protection. In addition, all adjacent communities
and the Department of Community and Economic Development shall be
notified prior to the alteration or relocation of a watercourse. Copies
of such notification shall be sent to the Federal Insurance Administrator.
The flood-carrying capacity within the altered or relocated portion
shall be maintained.[3]
(c)
Sanitary landfills, dumps, junkyards and outdoor storage of
vehicles and materials.
(d)
On-site sewage disposal systems.
(e)
Private water-supply wells.
(f)
Paved or all-weather parking lots.
(g)
Development which may endanger human life.
[1]
In accordance with the Pennsylvania Flood Plain Management Act[4] and the regulations adopted by the Department of Community
and Economic Development as required by the Act, any new or substantially
improved structure which: will be used for the production or storage
of any of the following dangerous materials or substances; or 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 will involve
the production, storage or use of any amount of radioactive substances
shall be subject to the provisions of this section, in addition to
all other applicable provisions. The following list of materials and
substances are considered dangerous to human life:
|
Acetone
| |
|
Ammonia
| |
|
Calcium carbide
| |
|
Benzene
| |
|
Carbon disulfide
| |
|
Celluloid
| |
|
Chlorine
| |
|
Hydrochloric acid
| |
|
Hydrocyanic acid
| |
|
Magnesium
| |
|
Nitric acid and oxides of nitrogen
| |
|
Pesticides (including insecticides, fungicides and rodenticides)
| |
|
Petroleum products (gasoline, fuel oil, etc.)
| |
|
Phosphorus
| |
|
Potassium
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
| |
|
Sodium
| |
|
Sulfur and sulfur products
|
[4]
Editor's Note: See 32 P.S. § 679.101 et seq.
(i)
The commencement of, or any construction of, a new manufactured
home park or subdivision or substantial improvement to an existing
manufactured home park or subdivision.
(j)
Recreational vehicles.
F.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
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.
(b)
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.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
When a community 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 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):
(a)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(b)
Upon receipt of the 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.
(c)
Upon completion of the proposed encroachments, the Township
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR Part 67.
(3)
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.
(4)
Within any identified floodplain area, no new construction or development
shall be located within the area measured 25 feet landward from the
top-of-bank of any watercourse.
(5)
Special requirements for subdivisions. 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 or letter of map revision. Submittal
requirements and processing fees shall be the responsibility of the
applicant.
G.
Variances.
(1)
General.
(a)
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 may, upon request, grant relief from the
strict application of the requirements. An application seeking approval
of a variance shall be forwarded to the Zoning Hearing Board.
(b)
The application for a variance shall be accompanied by the following:
[1]
Detailed engineering studies indicating the effects of the proposed
use on drainage and streams on all adjacent properties as well as
the property in question.
[2]
An application to the Board of Commissioners for amending the
boundaries of the Floodplain District if the boundaries shall be affected
by the proposed variance.
(2)
Variance procedures and conditions. Requests for variances shall be considered by the Township in accordance with the procedures contained in Subsection C(11) and the following:
(a)
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.
(b)
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.
(c)
Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to prohibited activities listed in Subsection E(3)(h) or to development which may endanger human life [Subsection E(3)(g)].
(d)
The Zoning Hearing Board shall request the review and recommendations
of the Natural Resources Conservation Service at least 30 days prior
to the public hearing.
(e)
The Zoning Hearing Board shall request, at least 30 days prior
to a public hearing, the review and recommendations of the Upper Gwynedd
Township Planning Commission and the Township Engineer.
(f)
The Zoning Hearing Board shall request, at least 30 days prior
to a public hearing, the review and recommendations of technical agencies,
such as the Montgomery County Planning Commission or other planning
agencies, to assist in determining the impact of the proposed use.
(g)
In granting any variance, the Township 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.
(3)
Standards for granting of variances. The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in § 195-24B(4) herein. The Zoning Hearing Board in considering variance applications shall consider the following:
(a)
The effect of the use shall not substantially alter the cross-section
profile of the stream and floodplains at the location of the proposed
use.
(b)
Lands abutting the waterway, both upstream and downstream, shall
not be unreasonably affected by the proposed use.
(c)
The general welfare or public interest of Upper Gwynedd Township
or of other municipalities in the same watershed shall not be adversely
affected.
(d)
Any new structures permitted by variance shall be constructed
and placed on the lot 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 the floodwater. Such structures shall be elevated
in accordance with the provisions contained in the Upper Gwynedd Township
Building Code, as amended,[5] and applicable current federal and state regulations.
(e)
Any new structure permitted by variance shall be floodproofed
in accordance with the provisions contained in the current federal
and state regulations applicable.
[1]
All such structures shall be firmly anchored to prevent flotation,
collapse or lateral movement, as evidenced by the design and report
of a registered structural or civil engineer.
[2]
All such structures shall be constructed so as to prevent the
entrance of floodwaters into the water supply and waste treatment
systems as well as other utility and facility systems. In addition,
waste treatment systems shall be designed to minimize or eliminate
discharges from the systems into the floodwaters.
(f)
Substantial improvements to existing structures and new construction
permitted by variance shall be elevated, floodproofed and anchored
in full compliance with the Upper Gwynedd Township Building Code,
as amended;[6] Chapter 103, Flood Damage Control, as amended; and applicable current federal and state regulations.
(g)
An affirmative decision shall not be issued by the Zoning Hearing
Board for an application within the designated floodway unless the
effect of such proposed activity on flood heights is fully offset
by accompanying stream improvements as evidenced by permits granted
by the proper state agency.
(h)
The Zoning Hearing Board shall notify the applicant, in writing, over the signatures of the Board that the issuance of a decision to allow construction of a structure below the base flood elevation will result in increased premium rates for flood insurance, and that such construction below the base flood elevation increases risks to life and property. Such notification shall be maintained with a record of all decisions as required in § 195-24G(3)(i) below.
(i)
The Zoning Hearing Board shall maintain a record of all decisions,
including justification for their issuance, and report such decisions
issued in an annual report submitted to the Federal Insurance Administration.
(j)
The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this district, as specified in § 195-24B(4)(a) herein.
(k)
In considering a use as a variance, the Zoning Hearing Board
shall consider those standards outlined above.
(l)
Requests for variances shall be considered by the Zoning Hearing
Board in accordance with the following:
[1]
Affirmative decisions shall only be issued by the Zoning Hearing
Board upon a showing of good and sufficient cause; a determination
that failure to grant the variance would result in exceptional hardship
to the applicant; and a determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety or extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
[2]
Affirmative decisions shall only be issued upon determination
that it is the minimum necessary, considering the flood hazard, to
provide relief.
(4)
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.
H.
Nonconformities. Uses and/or structures rendered nonconforming by the adoption of this district. Following the adoption of this section, any use or structure which is situated within the boundaries of the Floodplain District and which does not conform to the permitted uses specified in § 195-24E herein shall become a nonconforming use or structure, regardless of its conformance with the district in which it is located, without consideration of this section. The expansion or continuance of a nonconforming use or structure which is nonconforming with respect to the district in which it is located or has been made nonconforming by this section, without consideration of this section, shall be governed by the requirements of Article VIII of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in § 195-24G herein are applied to the expansion or continuance of said nonconforming use or structure.
I.
Township liability. The granting of a zoning permit or approval of
a subdivision plan in the Floodplain District shall not constitute
a representation, guaranty or warranty of any kind by the Township
or by any official or employee thereof of the practicability or safety
of the proposed use and shall create no liability upon the Township,
its officials or employees.
J.
ACCESSORY USE OR STRUCTURE
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BUILDING
COMMUNITY-IDENTIFIED FLOOD HAZARD AREAS
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 STRUCTURE
(1)
(2)
(3)
(4)
IDENTIFIED FLOODPLAIN AREA
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
MINOR REPAIR
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
PERSON
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE
SUBDIVISION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
Definitions. Unless specifically defined below, words and phrases
used in this section shall be interpreted so as to give this section
its most reasonable application.
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. The Township does not
currently contain any AH or A1-30 Zones.
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.
Those areas where the Township has identified local flood
hazard or ponding areas, as delineated and adopted on a Local Flood
Hazard Map using best available topographic data and locally derived
information, such as flood of record, historic high-water marks, soils
or approximate study methodologies.
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 reduces or eliminates 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 § 195-24D, for the specifics on what areas the community has included in the identified floodplain area. The identified floodplain area is the same as the Floodplain District.
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.
The price a willing buyer and seller agree upon. The market
value of a structure reflects its original quality, subsequent improvements,
physical age of building components' current condition. Market value
pertains only to the structure in question. It does not pertain to
the land, landscaping or detached accessory structures on the property.
Any value resulting from the location of the property should be attributed
to the value of the land not the building.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof; the removal
or cutting of any structural beam or bearing support; or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall "minor
repairs" include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent or similar piping, electric wiring, mechanical or
other work affecting public health or general safety.
Structures for which the start of construction commenced
on or after the effective date of this Floodplain Management Ordinance
and includes any subsequent improvements to such structures. Any construction
started after March 1, 1978, and before the effective start date of
this Floodplain Management Ordinance 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.
[Amended 2-22-2016 by Ord. No. 2016-05]
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 March 1, 1978, 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 March 1, 1978, 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.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period, for which the cost of repairs
at the time of each such flood event, on average, equals or exceeds
25% of the market value of the structure before the damages occurred.
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. The Township does not contain any AO,
A1-A30, A99 or AH Zones.[7]
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 the ground, as well as a manufactured
home.
The division or redivision 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
(or repetitive loss, when a repetitive loss provision is used) 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 UCC 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.
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.
[7]
Editor's Note: The former definition of "special permit,"
which immediately followed this definition, was repealed 2-22-2016
by Ord. No. 2016-05.
In an LI Limited Industrial District, the following
regulations shall apply.
A.
Purpose of legislative intent. In addition to the purposes set forth in § 195-1 of this chapter, it is the intent of this section to provide for nonpolluting industry, office and certain manufacturing operations, as further regulated below:
(1)
Establish standards and certain limitations which
encourage orderly and planned development of industrial parts, including
an internal road network, while prohibiting polluting or noxious uses.
(2)
Ensure that residential and institutional development
will be buffered against Limited Industrial Districts and prevent
encroachments upon existing highways by the use of setbacks and installation
of new landscape material and/or require the preservation of existing
natural features to accomplish the same effect.
B.
Use regulations. A building or group of buildings
may be erected, altered or used, and a lot may be used or occupied,
for any of the following purposes and no other:
(1)
Raising and harvesting of crops.
(2)
General service excluding retail sales, such as plumbing
or other building supplies, provided that such storage of product
or merchandise shall be within a fully enclosed building, and further
excluding interior or exterior storage and sale of coal, petroleum
distillates or highly flammable materials of any kind.
(3)
Offices for administration, executive, professional,
sales and other similar uses.
(4)
Laboratory for scientific, agricultural or light industrial
research and development, training or product development.
(5)
Printing, publishing, lithographing and similar processes.
(6)
Wholesale, warehousing and distributing, provided
that the handling or exchange of highly flammable or explosive materials
shall be permitted only when authorized as a special exception and
the applicant shall demonstrate that there is no substantial danger
to employees or the general public, and further provided that satisfactory
provisions are made to prevent traffic congestion and hazard.
(7)
Manufacturing, fabricating, assembling and/or processing
of scientific and precision instruments and controls; computer products
and components; electronics and parts assembly; pharmaceutical and
optical goods; medical and dental equipment; photographic reproduction
and films; musical instruments, toys, cosmetics and tobacco products;
jewelry and timepieces; hardware, tools and appliances; ceramics,
clothing and textile products; products from previously prepared paper,
rubber and plastics (see exceptions); beverages, confections, dairy
and all food products (exclusive of meat and fish).
(8)
The manufacture and assemblage of products from the
following previously prepared materials: wood, glass, textiles, cork,
leather, bone, shell, fur, feathers, hair, sheet rubber and paper.
(9)
Repair and maintenance of office equipment, computers,
electronic products and household items.
(10)
Parks, public or privately owned, primarily consisting of the
preservation of environmentally sensitive open space such as stream
corridors, areas of natural vegetation, and which is primarily unpaved
and un-built-upon open space, with the exception of walking trails,
visitor parking lots and accessory structures such as gazebos and
picnic pavilions. Such a park shall be limited to passive recreation
involving activities such as walking, sitting, picnicking, nature
walks and observation areas and would exclude activities such as sports
fields, swimming pools, paved play courts, such as basketball, volleyball
and tennis, and lighting facilities for recreation purposes.
[Added 10-26-2015 by Ord.
No. 2015-09[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
B(10) through (12) as Subsection B(11) through (13), respectively.
(11)
Accessory use on the same lot and incidental
to any permitted use and shall include:
(a)
Cafeteria facilities for employees.
(b)
Recreational facilities for employees and occupants;
provided, however, that there shall be no exterior lighting for such
facilities.
(c)
Outside storage within a completely screened
area but not within the minimum required front yard or within 100
feet of any other zoning district, in conjunction with a permitted
use.
(d)
Incidental retail sales of products assembled
or manufactured on the premises or repair and replacement items or
items distributed or used by the occupant.
(e)
Repair and maintenance of vehicles for only
those such vehicles used on the same property and/or in connection
with a permitted use.
(f)
Electrical substations, provided that the use
shall be permanently screened to a height of 10 feet from any existing
dwelling adjacent thereto.
(g)
Educational, trade, technical and professional
school or institute not incompatible with this district.
(h)
Metalworking, extrusion of small metals, welding,
plating, laundering, cleaning and dyeing, excluding bleaching, in
connection with a foregoing permitted use.
(12)
The following uses, when permitted by special
exception:
(a)
Metalworking, extrusion of small metals, welding,
plating, cleaning and dyeing, excluding bleaching, when proposed as
a principal use in a building or on a lot.[2]
(b)
Any use of the same general character as any
permitted use.
(c)
Handling, storage or exchange of highly flammable,
hazardous, toxic or explosive materials. The applicant shall have
the burden to demonstrate that there is no substantial danger to employees
or the general public.
(13)
The following uses or activities involving use,
storage, utilization or manufacture are specifically prohibited:
(a)
Truck terminal or freight station, express,
carting or hauling station.
(b)
Tire and rubber tube products, rubber, synthetic
and wood processing.
(c)
General vehicle engine or body repair.
(d)
Landfill, trash refuse compacting or solid waste
disposal facilities, including incinerator.
(e)
Nuclear fuels, fissionable materials and products
and reactor elements, including but not limited to Uranium 235 and
Plutonium 239.
C.
Air and thermal pollution. Air and thermal pollution
shall be controlled in compliance with all regulations in regard to
air and thermal pollution of the Commonwealth of Pennsylvania and
the United States.[3]
D.
Control of odors. There shall be no emission or odorous
gases or other odorous matter in such quantities as to be offensive
at or beyond the lot boundary line. Any process which may involve
the creation or emission of any odors shall be provided with a secondary
safeguard system, so that control will be maintained if the primary
safeguard system should fail. There is hereby established as a guide
in determining such quantities of offensive odors Table III (Odor
Thresholds, Chapter 5, Air Pollution Abatement Manual, copyright 1951,
as amended by Manufacturing Chemists' Association, Inc., Washington,
D.C.).
E.
Control of glare or heat. Any operation producing
intense glare or heat shall be performed within an enclosed building
or behind a solid fence in such manner as to be completely imperceptible
from any point beyond the lot lines.
F.
Control of vibration. No vibration shall be discernible
at any point beyond the lot line.
G.
Control of radioactivity or electrical disturbance.
There shall be no activities which emit uncontrolled dangerous or
harmful radioactivity. Activities or processes licensed under the
Atomic Energy Commission of the United States shall be considered,
prima facie, controlled. There shall be no electrical disturbance,
except from domestic household appliances, adversely affecting the
operation of any equipment located beyond the property of the creator
of such disturbance.
H.
Outdoor storage and waste disposal.
(1)
The method of storage of flammable liquids, solids
or gases shall conform to regulations of the Pennsylvania Department
of Labor and Industry, the Pennsylvania State Police Bureau of Fire
Protection, the Township Fire Code, and all federal regulations, provided
that, if visible from and within 200 feet of abutting residential
properties or a public road, it shall be concealed by coniferous planting.
(2)
All materials or wastes shall be stored in approved
containers.
I.
Electric, diesel, gas or other power. Every use requiring
power shall be so operated that substations, etc., shall conform to
the most acceptable safety requirements recognized by the Pennsylvania
Bureau of Labor and Industry. Substations shall be so constructed
and installed so as to be an integral part of the architectural features
of the plant or, if visible from abutting residential properties,
shall be concealed by coniferous planting.
J.
Provision and use of water. All water requirements
shall be supplied, wherever reasonably possible, by water distributing
companies operating and supervised as municipal or public utilities.
No permit for construction, building or use or for the drilling of
wells shall be issued by the Zoning Officer until satisfactory proof
of the availability and supply of water, considered, in the case of
wells, in light of other well users, is furnished the Board of Commissioners,
and the Board shall have authorized the issuance of such permit.
K.
Area and yard regulations.
(1)
A lot area of not less than 43,560 square feet and
a lot width of not less than 200 feet at the building line or at the
point of the proposed building closest to the street and extending
the full depth of the building shall be provided for every building
hereafter erected or used for any purpose permitted in this district.
(2)
Lot coverage.
(3)
Yard requirements.
(b)
There shall be two side yards, one on each side
of the principal building, each of which shall be no less than 25
feet in width.
(c)
There shall be a rear yard, the depth of which
shall be at least 40 feet.
(d)
The yard requirements hereinabove set forth
shall be subject to the following additional provisions:
[1]
Buildings. In no case, except adjacent to an
existing railroad, shall any building be erected, either upon the
surface or under the ground, closer than 200 feet to any residential
district. No side or rear yard shall be required for the side or rear
of a building abutting on an existing railroad right-of-way.
[2]
Driveways. No driveway shall be established
or maintained closer than 10 feet to any side or rear lot line or,
within a side or rear yard adjacent to a residential district, closer
than 100 feet.
(e)
Side and rear yards adjacent to a residential district shall be planted and maintained as a screen buffer as provided in § 195-9O(1); and front yards and all yards adjacent to a nonresidential district other than limited industrial and industrial shall be planted and maintained as a softening buffer as provided in § 195-9O(2) and be maintained by the owner or tenants in a careful and prudent manner.
[Amended 6-29-1992 by Ord. No. 92-11]
(f)
Parking. Parking shall be permitted as set forth
by the Code of Upper Gwynedd.
(g)
Additional parking regulations:
[1]
No parking shall be permitted within the first
50 feet of a required open front yard of 75 feet.
[2]
No parking shall be permitted within the first
175 feet of a required open front yard of 200 feet.
[3]
No parking shall be permitted within 100 feet
of any side or rear property line forming a boundary between an industrial
district and a residential district, nor within 100 feet of any boundary
line between an industrial district and a residential district, wherever
located.
[4]
No parking shall be permitted within 10 feet
of any lot boundary line.
A.
Purpose. In expansion of the statement of purpose contained in Article I, § 195-1, of this chapter, it is hereby declared to be the intent of this article, with respect to IN Institutional Districts, to encourage the preservation and subsequent logical and timely development of land for institutional purposes; to assure the suitable design of institutions in order to protect the environment of the adjacent and nearby neighborhoods; and to ensure that institutional development will take place only when served by adequate public utilities.
B.
Use regulations. A building may be erected, altered
or used and a lot or premises may be used or occupied for any one
of the following purposes and no other:
(1)
Churches, chapels or other places of worship and their
adjunct residential dwellings.
(2)
Schools, colleges, universities, theological schools
and other institutions of learning, adjunct residential dwellings,
including dormitories, and adjunct play and recreational grounds and
facilities.
(3)
Convents and monasteries.
(4)
Institutional headquarters for educational, professional,
religious and other nonprofit organizations of a similar nature.
(5)
Medical and surgical hospitals.
(6)
Retirement communities, personal-care communities,
continuing-care communities, life-care communities for the housing
and care of the elderly, sanatoriums, nursing homes and convalescent
homes.
(7)
Not-for-profit schools and other educational facilities:
private, nursery, elementary, middle, junior high and high, including
nonboarding or boarding.
(8)
Municipal building, offices and uses.
(9)
Libraries.
(10)
Cemeteries, provided that a tract of not less
than 10 acres is available.
(12)
Single-family detached, single-family semidetached
(twin) and townhouse dwellings restricted to occupancy by older persons
in accordance with requirements of the Federal Fair Housing Act, when
approved as a conditional use by the Board of Commissioners.
[2]
Editor's Note: This ordinance also provided
for the renumbering of former Subsection B(12) as B(13).
(13)
Retirement communities having not less than 50 acres and including the option for a convenience center subject to the special regulations in Article V, § 195-26G of this chapter, when approved as a conditional use by the Board of Commissioners.
[Added 8-28-2000 by Ord. No. 2000-8[3]]
[3]
Editor's Note: This ordinance also provided
for the renumbering of former Subsection B(13) as B(14).
(14)
Accessory uses customarily incidental to any
of the above uses, including but not limited to agriculture, offices
of staff doctors, residences of institutional employees and recreational
facilities and group day-care facilities.
C.
Development regulations. For all authorized buildings
and uses, the following regulations shall apply:
(1)
Area and width. No Institutional District lot shall
be less than four acres, and no Institutional District lot shall have
a width of less than 200 feet measured along the street frontage.
(2)
Lot coverage. The total area covered by buildings,
parking lots and vehicular accessways shall not exceed 60% of the
total lot area. The remaining area shall be used for and maintained
as green area for nonvehicular purposes only.
(3)
Height. The maximum height of any building shall be
40 feet. A steeple or church tower may extend to a maximum height
of 100 feet above the ground elevation.
(4)
Yard requirements.
(a)
Front. The minimum depth of a front yard shall be 100 feet, measured from the proposed right-of-way line (but never less than the existing right-of-way) of the street on which the building fronts. In the case of a corner lot, a front yard, the depth of which shall be at least 100 feet, shall be required on each street on which the lot abuts. In the case of one-story buildings not exceeding a total height of 20 feet associated with a use in Subsection B(12), the required front yard shall be 40 feet on each street on which the lot abuts.
[Amended 12-23-1996 by Ord. No. 96-13]
(b)
Side. For each building there shall be two side yards of not less than 50 feet each. In the case of one-story buildings not exceeding a building height of 20 feet associated with a use in Subsection B(12), the setback shall be a minimum of 40 feet from the property line.
[Amended 12-23-1996 by Ord. No. 96-13]
(c)
Rear. There shall be established for each building
a rear yard of at least 75 feet in depth.
(d)
Abutting a residential district. Whenever the lot line abuts a residential district, the setback shall be a minimum of 100 feet from the property line. In case of one-story buildings not exceeding a building height of 20 feet associated with a use in Subsection B(12), the setback shall be a minimum of 40 feet from the property line.
[Amended 12-23-1996 by Ord. No. 96-13]
(e)
Space between buildings. The minimum distance between buildings shall be 50 feet; provided, however, that the spacing between a principal and accessory building may be reduced to 35 feet. In case of one-story buildings not exceeding a height of 20 feet associated with a use in Subsection B(12), the minimum distance between buildings shall equal 20 feet.
[Amended 12-23-1996 by Ord. No. 96-13]
D.
Off-street parking shall conform with the Code of
Upper Gwynedd Township.
(1)
Additional parking regulations. Parking areas shall be buffered from all buildings by at least 15 feet of landscaped open space. Parking areas shall be at least 15 feet from all property lines except when abutting a residential district, in which case the setback shall be at least 50 feet, and shall be screened by plantings or decorative fencing from adjacent residential uses or districts in accordance with the requirements for a screen buffer as provided in Article IV, § 195-9O.
E.
Special regulations for retirement, personal-care,
continuing-care and life-care communities, sanitoria, nursing homes
and convalescent homes.
(1)
Permitted uses shall include a combination of individual
dwelling units in any combination of detached or attached unit structures
and may include a community center consisting of one or more buildings
in which the following uses may be permitted:
(a)
Medical treatment, nursing and convalescence
facilities.
(b)
Dining facilities.
(c)
Auditoriums, activity rooms, craft rooms, libraries,
lounges and similar recreational facilities for members of the community.
(d)
Office and retail service facilities designed
and adequate to serve only the members of the community, such as but
not necessarily limited to the following uses: doctor's office, pharmacy,
gift shop, coffee shop, post office, beauty shop and barbershop.
(2)
Intensity of use. The intensity of use shall not exceed
eight dwelling units and equivalent dwelling units per gross acre.
For the purpose of this section, three beds for patient and resident
use provided within the community center or accessory buildings shall
be deemed the equivalent of one dwelling unit.
(3)
Dwelling unit. For the purpose of this section, a
dwelling unit shall be limited to a studio, one-bedroom or two-bedroom
arrangement only. There shall be no more than two persons occupying
a dwelling unit.
(4)
Management. A retirement community shall be developed
and operated under the direction and control of a single owner or
agent for the owner unless the Board of Commissioners, in its discretion,
shall approve an alternate form of operation.
F.
Special regulations for uses in Subsection B(12):
[Added 12-23-1996 by Ord. No. 96-13]
(1)
Intensity of use. The intensity of use shall not exceed
eight dwelling units per gross acre.
(2)
Dwelling unit. For the purpose of this section, a
dwelling shall be limited to two stories.
[Amended 11-24-2003 by Ord. No. 2003-15]
(3)
Occupancy restrictions.
(a)
One hundred percent of the units shall be occupied
by at least one permanent resident who shall be 55 years of age or
older, provided that an underaged resident who shall survive the death
of an age-qualified spouse shall be permitted to continue to occupy
the dwelling.
[Amended 8-28-2000 by Ord. No. 2000-8]
(b)
A child or children of the principal occupant
is permitted, provided that such child shall be 18 years of age or
older. Children under age 18 may temporarily reside in a unit during
holiday periods and summer months only.
(c)
Living quarters of an on-site manager and his
family shall be a permitted accessory use.
(4)
Spacing standards between buildings. The following
minimum spacing requirements shall apply to any dwelling which exceeds
a building height of 20 feet:
[Added 11-24-2003 by Ord. No. 2003-15]
(a)
The minimum distance between the sides of any
such single-family detached or single-family semidetached (twin) dwelling
and any adjacent dwelling shall be 20 feet.
(b)
The minimum distance between the front or rear
of any such single-family detached or single-family semidetached (twin)
dwelling and any adjacent dwelling shall be 35 feet.
(c)
The minimum distance between the front or rear
of any such single-family townhouse dwelling and any adjacent dwelling
shall be 50 feet.
(d)
The minimum distance between the side of any
end-unit single-family townhouse dwelling and any adjacent dwelling
shall be 30 feet.
G.
Special regulations for retirement communities having
not less than 50 acres, consisting of housing for independent living,
where each dwelling unit is restricted to occupancy by older persons
in accordance with requirements of the Federal Fair Housing Act.
[Added 8-28-2000 by Ord. No. 2000-8]
(1)
Area and width. A tract of not less than 50 acres
and a width of not less than 1,000 feet measured along the frontage
of an existing perimeter street shall be required.
(3)
Intensity of use. The intensity of use of the overall
tract shall not exceed six dwelling units per gross acre.
(4)
Uses permitted shall be as follows:
(a)
Use B(12).[4]
[4]
Editor's Note: "Use B(12)" refers to the provisions of § 195-26B(12).
(b)
Multifamily dwellings not exceeding a building height of 50 feet but in no event containing more than four floors above ground elevation. There shall be a maximum of seven buildings, consisting of 176 units, per retirement community, specifically limited to occupancy restrictions contained in § 195-26F(3) of this chapter.
[Amended 11-24-2003 by Ord. No. 2003-15; 7-23-2012 by Ord. No. 2012-03]
(c)
A clubhouse and/or fitness center, limited to
residents of the retirement community and their invited guests. These
facilities may include indoor and/or outdoor pool(s), exercise rooms,
sauna, card and game rooms, locker rooms and shower facilities, activity
rooms, library, kitchen and dining facilities, offices for the administration,
maintenance and sale of dwelling units within the retirement community,
and outdoor recreation such as but not limited to tennis, squash and
basketball courts.
(d)
Convenience center on a lot not exceeding 10
acres in size and subject to the following conditions:
[1]
Total floor area shall not exceed 75,000 square
feet.
[2]
The principal use shall be a food market, which
shall occupy a minimum of 65% of the gross square footage of the convenience
center.
[3]
No more than a total of three individual stores
or tenant spaces shall be permitted.
[4]
Uses permitted in addition to a food market shall be specifically limited to those uses permitted in § 195-18B(1) through (10) of this chapter.
[5]
Parking shall be required at the ratio of 5.5
parking spaces per 1,000 square feet of total store floor area.
[6]
Loading areas shall be buffered from adjoining uses utilizing a screen buffer type, and parking lots shall be buffered using a softening buffer type pursuant to § 195-9O of this chapter and shall in no event be positioned less than 100 feet from the ultimate right-of-way of existing street rights-of-way.
[7]
The lot area used for a convenience commercial center shall not be included in the area used to determine maximum number of dwelling units in § 195-26G(3) above.
[8]
No commercial building shall be located less than 100 feet and no parking or loading shall be located less than 25 feet from the property line of a lot used for a convenience commercial center. With the exception of required driveway access, the buffer area shall be landscaped to effect compliance with the softening buffer defined in this chapter pursuant to § 195-9O of this chapter.
(e)
Accessory uses.
[1]
Gate houses, walking paths and structures or
uses ordinarily accessory to dwellings, such as decks, porches, greenhouses,
swimming pools, cabanas, gazebos and sheds.
[2]
Limitation on accessory uses. No accessory building
or structure shall be located within a required perimeter setback
of the retirement community, and no accessory building or structure
shall be located between the front of a dwelling unit and street lines.
[3]
Uses accessory to a building containing multiple-family
dwellings. Exercise rooms, sauna, card and game rooms, activity rooms
such as wood shop or art studio, library and the following personal
service or similar uses, the location of which shall be specifically
limited to not greater than 20% of the ground floor of the building:
cleaning and pressing service (provided no dry cleaning shall be performed
on the premises), tailor shop, beauty shop, barbershop, shoe repair
and rooms for massage therapy and physical training.
(5)
Use B(12) dwelling unit mix and standards. [5]
(a)
Use B(12) shall comprise no less than 50% of
the total dwelling units provided.
(b)
Use B(12) shall be arranged in buildings that
shall average not greater than four dwelling units, with no more than
six units permitted per building.
(c)
In the case of one-story buildings not exceeding
a height of 20 feet, the rear-yard setback may be reduced to 40 feet.
(d)
Use B(12) dwellings shall be set back a minimum
of 20 feet from interior streets.
(e)
Parking shall be provided at the rate of not
less than two parking spaces per dwelling unit plus common parking
for visitors or overflow at the rate of not less than 0.25 parking
space per dwelling unit.
[5]
Editor's Note: "Use B(12)" refers to the provisions of § 195-26B(12).
(6)
Sign regulations.
(a)
Signs shall be limited to not more than two
ground signs located at one entrance, permitted along a public street
frontage, to the subject property. If more than one entrance to the
subject property exists along a public street frontage or along different
public street frontages, ground signs may be located only at one of
the entrances of the subject property.
[1]
Signs shall be designed as a single design theme
having the same color and materials, at a size not to exceed 30 square
feet each.
[2]
Sign height shall not exceed seven feet and
may be illuminated using external light sources only.
[3]
The message for each sign shall be limited to
the name and address of the retirement community and the name of the
convenience center (if provided) or the name of the principal use
within the convenience center.
(b)
Facade signs for the principal commercial use
shall not exceed 40 square feet and, for other permitted commercial
uses, shall not exceed 20 square feet per use.
(c)
Incidental signs shall be permitted in accordance
with institutional uses in the Schedule of Sign Regulations,[6] except there shall be no limitation to the number of directional
signs.
[6]
Editor's Note: The Schedule of Sign Regulations is attached to this chapter.
(7)
Declaration of age restriction. At the time of subdivision
and land development, as a prerequisite to any final plan approval,
the developer shall record a declaration against the entire tract,
in a form acceptable to the Township Solicitor, binding all properties
and owners to the restriction which shall require that the principal
occupant of an individual dwelling unit within the Retirement Residential
District shall be age 55 or older.
A.
Purpose: establish standards and certain limitations
on industrial development that may, due to its intensity of heavy
industrial activities, not be suitable in many sections of the Township
which are in proximity to existing residential and institutional development;
and separate certain manufacturing, extractive and high-traffic operations
from the LI Limited Industrial District.
B.
Use regulations. A building or group of buildings
may be erected, altered or used and a lot may be used or occupied
for any of the following purposes and no other:
(1)
Uses permitted in the LI Limited Industrial
District.
(2)
Any industrial use not specifically provided
for elsewhere in this chapter which meets all the provisions otherwise
applicable in this district, except for those uses specifically prohibited
from this district.
(3)
The following uses when authorized as a special
exception:
(a)
Uses specifically prohibited in the LI Limited
Industrial District.
(b)
Towers for communication purposes as a principal
or accessory use, provided that the maximum height shall not exceed
100 feet to the highest point above the ground; said tower shall be
located at a distance from the property line of not less than equal
to the total height; and the operations thereof shall not intrude
upon or interfere with transmission or reception of radio, telephone,
television, microwave equipment or similar signals from or to adjacent
or neighboring properties.
(c)
Mini-warehousing, storage and mini-storage facilities,
and retail and wholesale sales or storage of plumbing supplies, lumber,
coal, gas or fuel oil and building materials and supplies.
(d)
Truck terminals, bulk cargo facilities, truck
or bus storage, garages or repair facilities, contractor's storage
of equipment or supplies.
(e)
Automobile graveyards, junkyards, refuse facility
or salvage yard of any type, provided that:
[1]
Any area where vehicles are disassembled
shall be paved or lined to prevent any degradation to groundwater
quality.
[2]
Such uses shall be entirely enclosed
by a solid fence or wall, at least six feet high, which shall be kept
in good repair and of uniform color.
[3]
The contents of such use shall
not be placed or deposited to a height greater than the height of
the fence or wall herein prescribed.
[4]
The storage of paper shall be within
a building.
[5]
The storage of toxic chemicals
or nuclear wastes shall be prohibited.
[6]
The burning of any materials shall
be in accordance with regulations of the Department of Environmental
Protection and the Environmental Protection Agency.
(f)
Billboards, subject to § 195-35K(12) and the Schedule of Sign Regulations. For the purposes of this chapter, off-premises signs and billboards are one and the same and shall be subject to the same regulations and restrictions.
(g)
Adult bookstores, adult motion-picture theaters and adult entertainment
cabarets, provided that no such use shall be located within 500 feet
of any school, day-care center or community center.
[Added 7-23-2012 by Ord.
No. 2012-04]
(h)
The growing and processing of medical marijuana by a grower/processor
as defined and limited by and under the terms of the Medical Marijuana
Act, Act of April 17, 2016, P.L. 84, No. 16.
[Added 9-25-2017 by Ord.
No. 2017-07]
[Added 3-22-1999 by Ord. No. 99-5]
In an AP Agricultural Preservation District,
the following regulations shall apply.
A.
Purpose. The purpose of this district shall be to
preserve existing farmland and areas of high-quality agricultural
soils classified as either prime farmland soils or soils classified
by the Department of Agriculture as Capability Class II and Capability
Class III as farmland of statewide importance in Pennsylvania. The
intent of the district is also to protect farming activities from
interference by incompatible uses.
B.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for the following purposes
and no other, provided that the requirements of this and any other
pertinent sections are met:
(1)
Raising and harvesting of crops.
(2)
General farming.
(3)
Nursery.
(4)
Agricultural retail.
(5)
Single-family detached dwelling.
(7)
Recreational facility.
(8)
When authorized by a conditional use:
(a)
Noncommercial kennel.
(b)
Boarding and breeding of horses.
(c)
Keeping of bees.
(d)
Cemetery.
(e)
Schools and educational institutions, which
may include land or buildings for carrying on investigation in agricultural,
agronomic or horticultural fields, consisting of activities such as
engineering, analysis, testing and product development associated
with scientific agricultural research. An individual lot created for
a use permitted in this section shall not be less than 30 acres, and
a maximum of 5% of the total lot area may be occupied by impervious
surfaces.
[Amended 12-12-1999 by Ord. No. 99-12]
C.
Area, width and yard regulations.
(1)
Individual lots created for single-family detached
dwellings, other than for farm dwellings of individuals and their
families engaged in the agricultural operation on the property, shall
have a lot area of not less than 43,560 square feet.
[Amended 5-27-2003 by Ord. No. 2003-8]
(2)
All other uses shall be provided with a minimum
lot size of 10 acres, and all buildings, structures and uses shall
be set back a minimum of 50 feet from a property line.
(3)
Single-family lots shall comply with the area and width regulations established for the R-1 Residential District in § 195-11B(1) through (6). The provisions of § 195-27 shall also apply, except for the limitations set forth in Subsection B(1) thereof.
[Amended 5-27-2003 by Ord. No. 2003-8[2]]
[2]
Editor's Note: This ordinance also provided
for the repeal of former Subsection C(3), regarding a density schedule,
and renumbered former Subsection C(4) and (5) as Subsection C(3) and
(4), respectively.
(4)
Height of building. No building shall be erected which will exceed in height the limits set forth in § 195-9M, provided any building or structure used for the keeping or raising of bees, livestock, horses or poultry and silos shall be situated not less than 100 feet from any street right-of-way line or property line.
D.
Standards for farmland preservation.
(1)
All farmland having prime soils or soils of
statewide importance, Capability Classes II and III, shall remain
at least 60% undeveloped, which shall exclude all buildings and dwellings,
single-family lots, roads and paved surfaces and basins.
(2)
Preserved farmland may include an existing farmhouse
and accessory farm buildings for the continued use of the individuals
and their family members engaged in the agricultural operation on
the property. Preserved farmland shall consist of a contiguous area
which shall not be less than 300 feet in length or width and shall
have frontage along a public street of not less than 300 feet and
shall consist of at least 20 acres.
E.
Signs shall be permitted on each lot not containing
a single-family attached dwelling in accordance with the VC Village
Commercial District. Signs on individual single-family lots shall
comply with standards established for the R-1 Residential District.
F.
AGRICULTURAL RETAIL
BOARDING AND BREEDING OF HORSES
GENERAL FARMING
NONCOMMERCIAL KENNEL
NURSERY
RECREATIONAL FACILITY
Definitions. Uses permitted within the AP District
shall have the following meanings:
The retail sales of agricultural products and nursery items
at roadside stands or other structures to the general public. Fifty
percent of the products sold shall be grown, produced or raised on
the property. The maximum floor area of a building or structure shall
be limited to 2,000 square feet and shall comply with required yard
and setback requirements of the district. Parking shall be provided
on the basis of one off-street parking space for each 200 square feet
of total indoor and outdoor sales area.
Establishment where horses are boarded, bred and cared for
and may include instruction in riding, jumping and showing.
The production of agricultural, aquacultural, arboricultural,
horticultural, viticultural, apicultural and dairy products; the keeping
of livestock, poultry and the products thereof; all buildings (barns,
sheds, silos, etc.) associated with this use. Livestock shall include
all cattle, horses, ponies, donkeys, mules, hogs, sheep, goats, rabbits,
hares, poultry and any other similar creatures raised for human use
or profit, but shall not include dogs, cats or similar creatures customarily
kept as household pets. The following are specifically prohibited
from general farming operations: agricultural operations, such as
feed lots, indoor confinement of livestock and poultry taking place
in structures or closed pens; animals on which furs or skins are raised;
the raising, breeding or lodging of animals used as domestic or household
pets or used in laboratories for experimental purposes; the collection
or storage of garbage or other solid waste, whether or not used as
feed for animals; and the manufacture or storage of manure except
for fertilization on properties within the AP Agricultural Preservation
District.[3]
An establishment, structure or lot on which dogs, cats or
domestic pets are kept for private purposes. No more than six such
pets shall be kept in the permanent care of the occupants. Animal
shelters or runs shall comply with required yards and setbacks, and
a noncommercial kennel can be established only as an accessory use.
Except for the sale of young animals born to pets kept under the permanent
care of the occupants, no animals shall be sold or offered for sale
on the property.
Includes land or greenhouses used to raise flowers, shrubs
and plants for sale.
An outdoor recreational facility or park owned or operated
by Upper Gwynedd Township or other governmental agency.
[3]
Editor's Note: The former definition of "golf
course," which immediately followed this definition, was repealed
12-12-1999 by Ord. No. 99-12.
A.
Purpose. In order to permit a more varied development
pattern, to preserve natural features and to provide for better and
more attractive arrangements of homes and open space than is possible
under the zoning requirements, as applied to an individual lot, the
requirements of the R-1 District and R-2 District may be modified,
when approved by the Township, in accordance with the provisions of
this section.
B.
Modification of building lots. A subdivision plan in accordance with the Upper Gwynedd Subdivision and Land Regulation Ordinance in Chapter 168 of the Code may be modified with respect to the requirements of the R-1 and R-2 Districts, upon the following conditions:
(1)
The plan shall not involve a tract of land of less
than two acres nor more than 15 acres in size.
(2)
The Board of Commissioners shall determine that the
plan clearly conforms to the intent, standards and requirements of
this section; is in the general public interest; and is required because
of the natural and topographical conditions existing on the premises.
(3)
The area of individual lots may be reduced by 20%
of the lot area requirements. However, the maximum number of residential
lots shall remain the same as allowed in the district and shall be
computed either by subtracting 20% of the total area being subdivided
for street right-of-way and dividing the remaining area by the minimum
lot area requirement normally applicable to the district in which
the subdivision is to be located; or by submitting a preliminary plan
of subdivision, based upon the lot area requirement normally applicable
to the district in which the subdivision is to be located; or by submitting
a preliminary plan of subdivision, based upon the lot area requirement
normally applicable to the district in which the subdivision is to
be located, and ascertaining the number of lots which could be thus
located upon the tract. The aforesaid reduction in the size of some
lots shall be permitted only where the area by which they are reduced
is added to other lots or accumulated into a single area acceptable
to the Township for open space. The Board of Commissioners shall have
the sole discretion as to the acceptance or rejection of open space.
(4)
At the discretion of the Board of Commissioners, in
order to preserve natural features of the land, including but not
limited to streams and stream banks, drainage areas and natural stands
of trees, the following reductions in yard and width at the building
line will be allowed as follows:
(a)
In R-1 Districts, the front yard may be reduced
to 45 feet, the side-yard requirements to 20 feet on any side and
50 feet aggregate, and the lot width at the building line 135 feet.
(b)
In R-2 Districts, the front yard may be reduced
to 35 feet and the side yard requirements to 15 feet on any one side,
provided that there is a total of 40 feet aggregate, and the lot width
at the building line may be reduced to 100 feet.
(5)
In any case where a plan for development is approved
in accordance with the requirements of this section, the application
shall be filed by the owner or owners of the entire tract, and it
shall be agreed that the tract shall be developed within a reasonable
time under single direction in the manner approved.
(6)
No lot of such size as to be capable of further subdivision
under the district regulation shall be included in determining the
average lot area, unless the possibility of such further subdivision
is eliminated either by a deed restriction or agreement in form acceptable
to the Township Solicitor and duly recorded in the office of the Recorder
of Deeds.
[Added 5-29-2018 by Ord.
No. 2018-004]
In any instance where the Board of Commissioners is required to consider a conditional use of the Zoning Ordinance in accordance with the provisions of this Chapter 195, the Board of Commissioners shall, among other things:
A.
Consider the suitability of the property for the use desired. Assure
itself that the proposed change is consistent with the spirit, purpose
and intent of this chapter.
B.
Determine that the proposed change shall not substantially injure
or detract from the use of neighboring property or from the character
of the neighborhood, and that the use of the property adjacent to
the area included in the proposed change or plan is adequately safeguarded.
C.
Determine that the proposed change will serve the best interests
of the Township, the convenience of the community, where applicable,
and the public welfare.
D.
Consider the effect of the proposed change upon the logical, efficient
and economical extension of public service and facilities, such as
public water, sewers, police and fire protection and public schools.
E.
Consider the suitability of the proposed use with respect to whether
the use would materially increase traffic congestion on the streets
and assure adequate access arrangements in order to protect streets
from undue congestion and hazard.
