[Amended 6-3-1968 by Ord. No. 4-23; 8-19-1985 by Ord. No. 4-84]
A.
No principal building or structure shall exceed 50
feet in height or the maximum specified height otherwise prescribed
for each district. No accessory building or structure shall exceed
25 feet in height or the maximum specified height otherwise prescribed
for each district.
[Amended 4-18-2000 by Ord. No. 4-172]
C.
In residential districts, the following additional
restrictions shall apply:
(1)
Not more than one satellite dish may be mounted
above the roofline of the principal building for each lot, and said
dish or similar attachment shall have a maximum diameter not greater
than three feet.
(2)
In R-3, R-8, and R-9 Districts and in development permitted
by conditional use approval, including but not limited to R-5 and
R-6 Districts, not more than one satellite dish or similar attachment
may be mounted above the roofline for the principal buildings within
the districts, and said dish shall not be greater than three feet
in diameter.
[Amended 8-21-2018 by Ord. No. 4-250]
D.
Ground-mounted satellite dishes, other similar devices, and any other
structures may be placed on a lot as an accessory use only, but shall
conform to all required setback and yard requirements applicable to
accessory structures in the district in which they are located. Such
structures or devices shall not be situated between the front line
of any building on the premises and the ultimate right-of-way of the
property. For reverse frontage lots, the accessory structures must
be at least 25 feet from the property's rear ultimate right-of-way.
[Amended 5-1-2018 by Ord.
No. 4-249]
[Amended 7-2-1962 by Ord. No. 4-6; 8-16-1993 by Ord. No. 4-137; 10-18-2022 by Ord. No. 4-260]
No building and no part of a building shall
be erected within or shall project into the minimum front yard except
cornices, eaves, gutters, chimneys or fireplaces projecting not more
than 24 inches, bay windows not extending through more than one story
and not projecting more than five feet and open porches projecting
not more than 10 feet, including steps and balconies.
[1]
Editor’s Note: This section title, formerly “Projections
into front yards,” was revised 5-1-2018 by Ord. No. 4-249.
[Amended 10-6-1997 by Ord. No. 4-157; 10-18-2022 by Ord. No. 4-260]
No building and no part of a building shall
be erected within or shall project into the minimum side yard, except
cornices, eaves, gutters or chimneys and fireplaces projecting not
more than 24 inches and steps.
[1]
Editor’s Note: This section title, formerly “Projections
into side yards,” was revised 5-1-2018 by Ord. No. 4-249.
[Amended 7-2-1962 by Ord. No. 4-6; 8-19-1985 by Ord. No. 4-84; 11-20-1989 by Ord. No.
4-119; 10-18-2022 by Ord. No. 4-260]
No building or part of any building shall be
erected or project into the minimum rear yard except in accordance
with the following conditions:
A.
Cornices, eaves, gutters or chimneys projecting not
more than 18 inches.
B.
Bay windows or bow windows not extending through more
than one story nor projecting more than five feet.
C.
Decks and porches projecting not more than 10 feet
or a distance not to exceed 25% of the depth of the minimum rear yard
of an applicable residential district in which the tract is situate,
whichever shall be greater. Porches, as noted herein, may be enclosed
with glass or screening and shall include steps and balconies. Decks
shall include steps.
D.
Accessory buildings may be permitted within a rear
yard only, if entirely separated from the principal building by no
less than 10 feet.
E.
In the case of a lot held in single or separate ownership
at the effective date of this chapter, on which lot the distance from
the rear lot line to the front yard setback line is less than 75 feet,
then a portion of the principal building may project not more than
10 feet into the minimum rear yard so long as the width of said projection
shall not be greater than 20% of the lot width.
F.
In the case of all R-1 residential lots approved prior
to June 6, 1966, a portion of the principal building may be extended
15 feet into the minimum rear yard so long as the extension shall
not be greater than 50% of the length of the principal building.
No lot area shall be so reduced that the area
of the lot or the dimensions of the open spaces shall be smaller than
herein prescribed.
No piggeries, commercial dog kennels, junkyards
or auto graveyards will be permitted within the residential districts
of this Township.
[Added 6-6-1994 by Ord. No. 4-146; amended 7-1-2003 by Ord. No. 4-186]
Nothing contained in this chapter shall be construed
as to prohibit or preclude the installation of second cooking/kitchen
facilities in the principal residential structure so long as the property
owner shall not, by such additional facilities, use the premises for
multiple-family or multitenant usage, unless such multiple usage is
otherwise authorized by the use regulations in the district classification
where the property is located.
[Added 5-28-1974 by Ord. No. 4-41]
A.
It shall be unlawful for the owner or operator of
any commercial vehicle with dual rear wheels, any trailer with a gross
vehicle weight rating (GVWR) exceeding 10,000 pounds used for commercial
purposes, or any combination thereof to park such vehicle at any time
on any residential street or property within a residential zone in
the Township of Whitpain, except when making deliveries or improvements
to the property on such street. Only one commercial vehicle with single
rear wheels or one trailer used for commercial purposes may be parked
or stored in residential zones at any time. Commercial vehicles shall
not be parked or stored on a public street overnight without prior
approval from the Township.
[Amended 10-18-2022 by Ord. No. 4-260]
B.
No repairs or body- and fender work may be done within
the limits of any street in a residential zone except for those designated
as emergency repairs.
[Added 11-2-1979 by Ord. No. 4-56]
In order to minimize traffic congestion and
hazard, control street access in the public safety and discourage
development of street or highway frontage:
A.
Unless clearly impractical, all lots in a residential
subdivision shall have direct access only to a newly created local
residential street.
B.
Where lots are created having a frontage on an existing
arterial or collector street or local street within the Township,
the subdivision street pattern shall provide reverse-frontage access
to a newly created local street within the subdivision. Access to
the existing arterial or collector street or local street shall be
eliminated, and all such lots shall be provided with a minimum rear
yard of 80 feet from the ultimate right-of-way line of any arterial
or collector streets or local streets.
[Amended 5-1-2018 by Ord.
No. 4-249]
C.
All lots radiating from a cul-de-sac shall have a
minimum frontage of 50 feet at the street right-of-way line.
[Added 4-1-1996 by Ord. No. 4-152]
The placement of public transportation shelters
throughout the Township shall only be authorized as a conditional
use, subject to the following criteria:
A.
If placed in the public right-of-way, they shall be
no less than five feet distant from the curbline or edge of the highway.
B.
Placement shall be at a conspicuous location with
a clear sight distance in the direction of all traffic flow of no
less than 300 feet.
C.
Except where public transportation shelters may be
on opposite sides of the same street, no public transportation shelter
shall be placed closer to another public transportation shelter than
350 feet.
D.
If placement is to be on private property, such shall
be done only with the written consent of the property owner, binding
on said owner and the owner's successors and assigns, in a form satisfactory
for recording, which will provide, inter alia, said owner's agreement
to remove the public transportation shelter at the request of the
Township Supervisors for any reason whatsoever.
E.
The placement of the public transportation shelter
shall be on a properly graded foundation, substantially anchored against
the elements and constructed in such fashion as to be free from standing
water and stormwater runoff, all to the prior satisfaction of the
Township Engineer, and in accordance with the applicable ordinances,
building codes and safety codes of the federal, state and Township
governments.
F.
Advertisements or billboard displays on the public
transportation shelter shall be no greater than two displays, each
having a maximum dimension of 32 square feet, and shall be placed
in such a fashion as not to impede the clear view from the street
or public right-of-way through the transportation shelter of any persons
waiting therein.
G.
There shall be no advertisement of tobacco products,
liquor, wine or beer products or displays of a sexual or violent nature.
H.
No conditional use shall be granted by the Board of
Supervisors to permit the installation and operation of any public
transportation shelter in Whitpain Township unless the operator shall
first enter into an agreement with the Township concerning the ongoing
maintenance of the shelter.
I.
Operators shall agree on behalf of themselves, their
successors and assigns, in a recordable instrument, that they will
remove the public transportation shelter, whether in the public right-of-way
or on private property, when specifically requested to do so by the
Township Supervisors for any reason whatsoever.
J.
Prior to installation of an authorized public transportation
shelter, the operator shall enter into an agreement with the Township,
binding upon the operator and owner and their successors and assigns,
evidencing his or her agreement to the terms of the conditional use.
K.
The grant of a conditional use for any public transportation
shelter by the Whitpain Township Board of Supervisors shall not relieve
the operator of such facility from the duty of obtaining all requisite
federal, state and Township permits for such facilities.
[Added 11-2-1979 by Ord. No. 4-56]
A.
Methods of ownership. Any of the following methods
shall be used, either individually or together, to preserve, own and
maintain deed-restricted common open space as permitted as a conditional
use in clustered developments: condominium, homeowners' association,
dedication in fee simple, dedication of easements or transfer of fee
simple title and easements to a private conservation organization.
Such land shall not be eligible for transfer to another party except
for transfer to another method of ownership permitted under this section,
and then only where there is no change in the open space ratio. The
following specific requirements are associated with each of the various
methods:
(1)
Condominium. The deed-restricted common open
space may be controlled through the use of condominium agreements.
Such agreements shall be in conformance with the Pennsylvania Uniform
Condominium Act of 1980,[1] as may be amended. All open space land shall be held as
common element.
[Amended 8-18-1980 by Ord. No. 4-60]
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
(2)
Homeowners' association. The deed-restricted common open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Article VII, Section 705-d(2), of the Pennsylvania Municipalities Planning Code of 1968,[2] as amended, and the homeowners' association agreement
shall be recorded.
[Amended 8-18-1980 by Ord. No. 4-60]
[2]
Editor's Note: See 53 P.S. § 10705(d)(2).
(3)
Fee simple dedication. The Township may, but
shall not be required to, accept any portion or portions of the deed-restricted
common open space, provided that such land is accessible to the residents
of the Township, there is no cost of acquisition (other than any costs
incident to the transfer of ownership, such as title insurance) and
the Township agrees to and has access to maintain such lands.
(4)
Dedication of easements. The Township may, but
shall not be required to, accept easements for public use of any portion
or portions of deed-restricted open space land, title of which is
to remain in ownership by condominium or homeowners' association,
provided that such land is accessible to the residents of the Township,
there is no cost of acquisition (other than any costs incident to
the transfer of ownership, such as title insurance) and a satisfactory
maintenance agreement is reached between the developer and the Township.
(5)
Transfer to a private conservation organization.
With permission of the Township, an owner may transfer either the
fee simple title, with appropriate deed restrictions running in favor
of the Township, or restrictive easements to a private, nonprofit
organization, among whose purposes is to conserve deed-restricted
open space land and/or natural resources, provided that the organization
is acceptable to the Township and is a bona fide conservation organization
with perpetual existence, that the conveyance contains appropriate
provision for proper reverter or retransfer in the event that the
organization becomes unwilling or unable to continue carrying out
its functions, and that a maintenance agreement acceptable to the
Township is entered into by the developer and the organization.
(6)
In no event shall individual residential lot
owners be permitted to own separate portions of deed-restricted common
open space.
[Added 2-2-1999 by Ord. No. 4-163]
B.
Specific requirements for homeowners' association.
If a homeowners' association is formed, it shall be governed according
to the following regulations:
(1)
The developers shall provide to the Township
a description of the organization, including its bylaws and methods
for maintaining the deed-restricted open space.
(2)
The organization shall be established by the
developers and shall be operating (with financial subsidization by
the developers, if necessary) before the sale of any lots within the
development.
(3)
Membership in the organization is mandatory
for all purchasers of homes therein and their successors.
(4)
The organization shall be responsible for maintenance
of and insurance and taxes on the deed-restricted common open space.
(5)
The members of the organization shall share
equitably the costs of maintaining and developing deed-restricted
common open space, in accordance with the procedures established by
them.
(6)
In the event of any proposed transfer of deed-restricted
common open space land by the homeowners' association within the methods
here permitted or of the assumption of maintenance of deed-restricted
common open space land by the Township as hereinafter provided, notice
of such action shall be given to all property owners within the development.
(7)
The organization shall have or hire adequate
staff to administer common facilities and maintain deed-restricted
common open space.
(8)
Leasing of deed-restricted open space lands.
(a)
The property owners' organization may lease
back deed-restricted open space land to the developer, his heirs or
assigns or to any other qualified person or corporation for operation
and maintenance of the deed-restricted open space lands, but such
a lease agreement shall provide that the residents of the development
shall at all times have access to the open space lands contained therein,
that the common open space to be leased shall be maintained for the
purposes set forth in this chapter and that the operation of open
space facilities may be for the benefit of the residents only or may
be open to the residents of the Township.
(b)
The lease shall be subject to the approval of
the Township, and any transfer or assignment of the lease shall be
further subject to the approval of the Board of Supervisors. Lease
agreements so entered upon shall be recorded with the Recorder of
Deeds of Montgomery County within 30 days of their execution, and
a copy of the recorded lease shall be filed with the Secretary of
the Township.
[Amended 8-18-1980 by Ord. No. 4-60]
[Added 11-2-1979 by Ord. No. 4-56]
Home occupations, as defined in § 160-7B and permitted under the provisions of this chapter, shall comply with the following regulations and standards:
A.
Three paved off-street parking spaces, which shall
not be located within any required yard setback area, in addition
to those required of residence units, shall be required, except that
for those home occupations for which there are no patients, business
visitors, customers or employees coming to the premises, no additional
parking spaces shall be required.
[Amended 12-15-1998 by Ord. No. 4-162]
B.
No other persons except a resident in the dwelling
shall practice the occupation therein.
C.
No more than two persons shall be employed by the
practitioner of the occupation to provide secretarial or clerical
assistance.
[Amended 6-19-1989 by Ord. No. 4-115]
D.
The area used for the practice of a home occupation
shall occupy no more than 15% of the total floor area of the principal
dwelling unit, excluding basements and attached garages. Each dwelling
or residential lot shall be limited to no more than two home occupations.
E.
No storage of materials or products in open areas
shall be permitted.
F.
No retail sales shall be permitted, and in no event
shall goods be publicly displayed on the premises.
[Amended 6-19-1989 by Ord. No. 4-115]
G.
No heat or glare shall be perceptible at or beyond
the lot boundaries.
H.
No potentially dangerous effluent or fumes from operations
shall be discharged.
I.
No material designed for use as an explosive shall
be produced or stored on the premises.
J.
Home day care for not more than a total of three children,
unrelated to the caregiver, shall be permitted as a home occupation.
[Added 6-19-1989 by Ord. No. 4-115]
K.
Day-care facilities. When authorized as a special
exception only within a single-family detached dwelling, home day
care may be permitted for more than three children, but not more than
a total of six children, unrelated to the caregiver; provided, further,
that:
[Added 6-19-1989 by Ord. No. 4-115]
(1)
The lot must conform to the minimum frontage,
width, area and yard requirements of the district in which it is situate
and shall not be reduced.
(2)
An outdoor lot area of at least 2,000 square
feet shall be reserved for a play area and shall be located in the
rear yard only, and not within any required side yard.
(3)
There shall be a minimum of 40 square feet of
floor space per child, inclusive of space occupied by furniture and
equipment, but exclusive of closets, halls, bathrooms, kitchens and
areas related thereto, which shall be on the first or second floor
above grade of the single-family detached dwelling structure utilized
for such purpose. A second means of pedestrian access from the second
floor, if required, shall be covered and enclosed so as to be concealed
from view from perimeter property lines.
(4)
Parking lots, loading areas and areas for outdoor
recreation shall be visually screened for immediate year-round basis
to a height of not less than four feet when natural shrubbery or evergreen
trees are utilized or six feet when a fence is utilized.
(5)
In order to limit the concentrations of home
day-care facilities in residential neighborhoods, home day-care facilities
authorized by special exception shall be a minimum distance apart
of not less than 1,000 feet.
(6)
Single-family detached structures authorized
for day-care facilities by special exception shall have the following
structural characteristics:
(a)
The building shall conform to any and all regulations
of the Commonwealth of Pennsylvania for child day care, as well as
all applicable regulations for fire and panic, and have no barriers
for the handicapped, and shall conform to all Township codes.
(b)
There shall be no external alteration of the
existing building, except as may be necessary for reasons of safety;
fire escapes and outside stairways shall, where practicable, be located
on the rear of the building. Any expansion shall be limited to a maximum
of 25% of the existing first floor area of said building.
(c)
Any addition shall be of such elevation and
style, having materials and fenestration, and front, side and rear
yard setbacks that will be compatible with and not substantially injure
or detract from the residential usage of adjacent properties or appreciably
alter the character and building bulk/yard standards of the neighborhood.
(d)
Special signs and outdoor illumination shall
be prohibited.
(e)
The application shall indicate the method of
building and ground maintenance and file a plan for said implementation.
L.
When authorized as a conditional use, bed-and-breakfast
inns subject to the following specific conditions:
[Added 2-19-2002 by Ord. No. 4-176]
(1)
The property must be on the Whitpain Township
Survey List of Class I Historic Properties.[1] The existing architecture of the building shall be maintained
and preserved so that exterior modifications would be limited to emergency
or fire and safety measures only. Such measures shall not alter the
front facade of any building.
[1]
Editor's Note: The Survey List is included at the end of this chapter.
(2)
A minimum lot area of one acre shall be required.
(3)
The maximum stay for guests shall not exceed
30 days during a period of six months, and no one visit shall exceed
more than 14 consecutive days.
(4)
Meal service shall be limited to breakfast for
overnight guests only. There shall be no separate kitchen or cooking
facilities in any guestroom.
(5)
The use of any amenities provided, such as a
swimming pool or tennis courts, shall be restricted in use to the
guests of the establishment.
(6)
Parking shall be provided on the following basis:
two spaces for the primary dwelling, plus one space for each guestroom.
Guestroom parking shall not be located in the minimum front yard established
by the district.
(7)
No more than five guests shall be permitted
per individual property.
[Added 11-19-2002 by Ord. No. 4-183]
A no-impact home-based business is a business
or commercial activity administered or conducted as an accessory use
which is clearly secondary to the use as a residential dwelling and
which involves no customer, client or patient traffic, whether vehicular
or pedestrian, pickup, delivery or removal functions to or from the
premises, in excess of those normally associated with residential
use. The business or commercial activity must satisfy the following
requirements:
A.
The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
B.
The business must employ one owner who is a resident
of the dwelling and may include the owner's spouse and children or
parents of the owner/resident only, regardless of whether the children
or parents of the owner/resident reside in the dwelling or off the
premises.
[Amended 12-20-2005 by Ord. No. 4-215]
C.
There shall be no display or sale of retail goods
and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or
process which creates noise, vibration, glare, fumes, odors or electrical
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste
or sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
G.
The business activity shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area.
H.
The business may not involve any illegal activity.
[Added 6-4-1984 by Ord. No. 4-75]
The following regulations shall apply in all
zoning districts:
A.
Legislative purposes. In expansion of the community development objectives contained in Article III, § 160-8, it is hereby declared to be the intent of this section to have the following purposes:
(1)
To prevent oversaturation of parking, paving
and other impervious surfaces, and in so doing to minimize stormwater
runoff, flooding, erosion and noise pollution.
(2)
To maintain pervious open space areas to facilitate
groundwater recharge.
(3)
To encourage efficient and sensitive site design
to preserve salient natural features, such as mature woodlands, steep
slopes, floodplains, natural buffers and attractive views, while eliminating
excessive, unused and unnecessary paved areas.
(4)
To promote the preservation of open space, a
valuable and irreplaceable asset, in a manner that becomes an inseparable
part of the built environment.
(5)
To correct deficiencies in the R-1, R-2, R-5,
R-6 and R-7 Zoning Districts that may have been created due to changes
in zoning district boundary lines, creation of new development criteria
within existing zoning districts and the repeal of provisions deemed
amenable to the public interest due to subsequent Zoning Ordinance
enactment.
[Added 5-2-1988 by Ord. No. 4-103]
(6)
To provide an easier method of compliance with
this chapter and a more equitable allotment of impervious cover within
the R-1, R-2, R-5, R-6 and R-7 Zoning Districts.
[Added 5-2-1988 by Ord. No. 4-103]
(7)
To eliminate unnecessary oversaturation of impervious
cover that would result from the straight percentage method of calculation
for these districts.
[Added 5-2-1988 by Ord. No. 4-103]
B.
Calculation criteria.
(1)
Green area may include essential uncovered walkways
for nonvehicular traffic only. For residential properties, an essential
uncovered walkway shall be an uncovered direct path, no greater than
five feet in width, that connects a driveway or public street to an
exterior door.
[Amended 7-1-2003 by Ord. No. 4-186; 10-18-2022 by Ord. No. 4-260]
(3)
The pervious land area within easements having
overhead utility facilities or structures may be assigned 1/4 credit
toward green area requirements.
(4)
The pervious land area within easements having
only underground utility facilities or structures may be assigned
1/2 credit toward green area requirements; this shall include buildings,
structures or parts thereof when situated underground and covered
with green area as defined in this chapter.
(5)
Area within existing road and utility rights-of-way
shall not be included within green area calculations. A green area
credit for that portion of the lot area located between the existing
lot line and the future ultimate right-of-way which is offered for
dedication and which remains unbuilt upon may be utilized in achieving
the minimum requirements for green area.
[Amended 7-1-2003 by Ord. No. 4-186]
(6)
Areas devoted to permanent landscaping and consisting of pervious materials located within off-street parking and loading areas may be included for the purpose of green area calculations. Required parking area [see § 160-192B(1)(f)] planted as a green area and set aside for future parking needs shall not constitute a part of green area calculations, for the purposes of this chapter.
C.
Required green area. Any lot used or occupied for
any of the following districts shall be provided with the following
minimum green areas, as herein defined, set forth as follows:
[Amended 12-16-1985 by Ord. No. 4-87; 5-2-1988 by Ord. No. 4-103]
(1)
Schedule of Green Area Requirements.
[Amended 8-3-2004 by Ord. No. 4-204; 9-15-2009 by Ord. No. 4-227]
|
Zoning District
|
Proposed Minimum Green Area Percentages
| ||
|---|---|---|---|
|
R-1
|
Residential
|
(See formula)
| |
|
P-R
|
Park and Recreation
|
70%
| |
|
R-2
|
Residential
|
(See formula)
| |
|
R-3
|
Multifamily
|
60%
| |
|
R-3A
|
Multifamily
|
60%
| |
|
R-3B
|
Low-Intensity Multifamily
|
60%
| |
|
R-4
|
Village Preservation
|
50%
| |
|
R-5
|
Agricultural/Rural
|
(See formula)
| |
|
R-6
|
Agricultural/Rural
|
(See formula)
| |
|
R-7
|
Residential
|
(See formula)
| |
|
R-8
|
Residential
|
80%
| |
|
R-9
|
Residential
|
50%
| |
|
A-R
|
Administrative and Research
|
50%
| |
|
A-R-1
|
Administrative and Research
|
50%
| |
|
R-E
|
Research and Engineering
|
50%
| |
|
C
|
Commercial
|
35%
| |
|
C-1
|
Commercial
|
50%
| |
|
I
|
Limited Industrial
|
30%
| |
|
IN
|
Institutional
|
60%
| |
|
SC
|
Shopping Center
|
40%
| |
(2)
Computation formula.
[Amended 5-1-2018 by Ord.
No. 4-249]
(a)
The formula for the computation of maximum non-green
area in the R-1, R-2, R-5, R-6 and R-7 Zoning Districts is:
|
y = 0.179x + 2,422
|
|
Where
| ||||
|
x
|
=
|
Lot area in square feet
| ||
|
y
|
=
|
Maximum non-green area per lot in square feet
| ||
(b)
Example: How much non-green area would be allowed
on a thirty-thousand-square-foot lot in the R-1 District?
|
y
|
=
|
0.179x + 2,422
| |
|
x
|
=
|
30,000 square feet
| |
|
y
|
=
|
0.179 (30,000 square feet) + 2,422 square feet
| |
|
y
|
=
|
5,370 square feet + 2,422 square feet
| |
|
y
|
=
|
7,792 square feet maximum non-green area
|
(3)
Any building lot within the R-1, R-2, R-5, R-6
and R-7 Zoning Districts having an area less than 11,000 square feet
shall maintain a sixty-percent minimum green area.
(4)
In the R-5 Zoning District, except for single-family dwellings, all other uses shall maintain an eighty-percent minimum green area. In the R-6 Zoning District, retirement, § 160-69C(2), golf course, § 160-69B, and carriage house, § 160-80, and rural cluster subdivisions with historic preservation, § 160-77, communities and uses permitted by right or special exception noted in § 160-60, excluding single-family dwellings, shall maintain a seventy-five-percent minimum green area.
[Amended 4-4-1994 by Ord. No. 4-143; 5-5-1998 by Ord. No. 4-151-2]
(5)
A maximum non-green area of 40%, as noted in § 160-75D(4)(b), shall be controlling and shall not be repealed.
[Amended 5-1-2018 by Ord.
No. 4-249]
(6)
A maximum non-green area for deed-restricted
or common open space in the R-1, R-5, R-6 and R-7 Zoning Districts
shall be controlling and shall not be repealed.
[Amended 5-1-2018 by Ord.
No. 4-249]
D.
Green area requirements for assembled tracts with
common open space. On any tract, except within the R-1, R-5, R-6 and
R-7 Districts, where common open space has been assembled as a part
of the plan and preserved from future development in a manner and
configuration approved by the Planning Commission, then the amount
of open space that qualifies as green area may be deducted on a pro-rata
basis from the amount of green area otherwise required for each individual
lot. However, in no event shall any individual lot created be less
than the minimum size required for the district by this chapter.
[Amended 5-2-1988 by Ord. No. 4-103]
E.
Green area requirements for parking lots and loading areas. A minimum of 10% of all paved parking areas in excess of 2,000 square feet per each lot, whether constructed immediately or reserved for future needs, shall be devoted to permanent green areas, which must be interspersed within the paved parking areas to channel traffic or divide parking spaces, and shall be landscaped in accordance with the provisions of § 160-108. The exact design and location of the green areas, as well as the landscape material therein, shall be disclosed on the land development, subdivision or site plan and be permanently maintained as such.
F.
Required plans. Applications for subdivision and land
development shall include a drawing(s) identifying the explicit location
and configuration of those areas on each lot and those areas within
a parking lot which are utilized as a portion of the required green
area calculation.
[Added 7-1-2003 by Ord. No. 4-186]
[Added 4-7-1986 by Ord. No. 4-89; amended 5-19-1986 by Ord. No. 4-90]
A.
Whenever a landowner or developer undertakes the development
of a single tract which is situate in multiple residential zoning
districts, the owner or developer may submit sketch plans demonstrating
the total number of dwelling units permitted if each portion is developed
according to the district in which it is situate. The owner or developer
shall thereafter be permitted to develop the entire tract as one unified
development and intersperse the total number of residential dwelling
units throughout the entire tract so long as the bulk, ground cover
and dimensional requirements of the more restrictive residential district
shall be observed.
B.
The unified development concept shall not be permitted
for multi-tenant building usage.
[Added 7-5-1988 by Ord. No. 4-108]
A.
Access. Each flag lot shall have an access to a public
street having a width of not less than 50 feet for individual access
or 25 feet each when a common driveway for two lots with cross easements
is utilized.
B.
Minimum flag lot (rear lot) size. The lot area of a flag lot shall be 1 1/2 times the minimum lot area required for the zoning district in which located and shall not include the area located in the access strip, notwithstanding the provisions of § 160-61C.
[Amended 10-6-1997 by Ord. No. 4-157]
C.
Depth of flag lot (rear lot). No flag lot shall contain
an access strip which extends through or beyond more than two tiers
of lots.
D.
Stack lot provisions. A maximum of three lots may be stacked, provided at least one lot shall have frontage to a public street equal to the minimum required lot width for the district. The remaining lots may share a common driveway, provided reciprocal cross-easements are provided, and each of these lots shall comply with Subsections B and C above. The minimum driveway width for common drives shall be 16 feet, and the area devoted to cross-easement for driveway access shall not be included in calculating the minimum lot area required in this section.
[Added 7-6-2004 by Ord. No. 4-200]
[Added 7-5-1988 by Ord. No. 4-108; amended 7-3-1989 by Ord. No. 4-116]
A.
Setback from buildings. In all residential zoning
districts only, when approved on a lot with another principal structure,
the high-water elevation of the basin shall be so located to be set
back a distance from the principal structure not less than:
B.
Setback from street rights-of-way. In all residential
zoning districts only, the high-water elevation of the basin shall
be so located to be set back from a street right-of-way not less than
the minimum front yard established for the zoning district in which
located.
C.
Area calculation. In all zoning districts, the area
located within a basin constructed for stormwater management having
depth greater than 1 1/2 feet shall be excluded when determining
the minimum lot size required for the zoning district in which located.
[Added 8-16-1993 by Ord. No. 4-137]
All farming and related agricultural activities
conducted in Whitpain Township shall be subject to the following regulations
and restrictions:
A.
Building and structure setback. All buildings or structures
shall be set back no less than 100 feet from a street ultimate right-of-way
or any property lines.
B.
Height of building or structure. No building or structure
used in conjunction with farm or agricultural activities shall exceed
a height of 50 feet.
C.
Outdoor display or storage. No outdoor display of
produce or other agricultural product shall be permitted closer than
100 feet to an ultimate right-of-way or any property line. No storage
or parking of agricultural or farm processing equipment shall be permitted
closer than 100 feet to a street ultimate right-of-way line or property
lines.
D.
Permitted accessory uses and structures. Greenhouses, roadside stands for the sale of produce or agricultural product grown on the premises and barns, sheds, silos, pens or similar structures shall be permitted as accessory structures to a farm or agricultural use, subject to the setback provisions of Subsection A and the height limitations of Subsection B.
E.
Maximum floor area of roadside stands. The maximum
floor area for roadside stands, including all outside or unenclosed
areas devoted to retail sales of products produced on the premises,
shall not exceed 500 square feet for each one acre of lot area of
the premises devoted to such agricultural or farming activities; however,
in no event shall the roadside stand exceed a total of 5,000 square
feet, regardless of the size of the premises or portion of premises
devoted to agricultural or farming usage.
F.
Off-street parking. Off-street parking shall be provided
at the rate of one parking space per 150 square feet of retail area,
plus one space per each employee on the largest shift.
G.
Minimum lot size. The minimum lot size for a farm
operation and agricultural operations shall be 10 acres.
H.
Prohibited uses. Commercial dog kennels, raising or
breeding of animals for fur or skins or the raising or keeping of
garbage-fed animals is not permitted.
I.
Keeping of chickens as accessory to single family dwelling units.
It is recognized that keeping chickens can have positive benefits
for residents in the form of food production and companionship when
done well using best practices. The purpose of this subsection is
to establish certain requirements for noncommercial keeping of chickens
within certain residentially-zoned areas. The keeping of chickens
is permitted as an accessory use to a single family dwelling unit
in the R-1, R-2, R-4 and R-5 Zoning Districts, subject to the following
requirements:
[Added 2-20-2024 by Ord.
No. 4-264]
(1)
Type and number of chickens.
(a)
Only the keeping of hens/female chickens is permitted. The keeping
of roosters/male chickens is strictly prohibited. Roosters that are
present on a property as of the effective date of this subsection
shall be permitted to remain, subject to the requirement that they
be kept in such a manner as to not be a nuisance to neighboring properties.
No new roosters shall be permitted.
(b)
A minimum net lot area of 20,000 square feet is required to
keep chickens.
(c)
No more than four hens/female chickens shall be permitted on
properties with a net lot area between 20,000 square feet and one-half
acre.
(d)
No more than eight hens/female chickens shall be permitted on
properties with a net lot area between one-half acre and one acre.
(e)
No more than 12 hens/female chickens shall be permitted on properties
with a net lot area between one acre and two acres.
(f)
No more than 18 hens/female chickens shall be permitted on any
property.
(g)
Any chickens in excess of the permitted number of chickens permitted
on any one (1) property, as provided herein, which are in existence
prior to the effective date of this subsection shall be permitted
to remain in excess of such limitation until the demise or other permanent
removal of any such chicken from the property. No chicken in excess
of such limitation shall be permitted to be replaced.
(2)
Permitting and inspection.
(a)
Any resident desiring to keep chickens shall apply for and obtain
a chicken keeping permit from the Township, on a form available from
the Code Enforcement Officer. The fee for a chicken keeping permit
shall be set by resolution of the Board of Supervisors.
(b)
Chicken coops, chicken runs, and fences are not permitted to
be installed before submitting a complete permit application to the
Township and receiving approval from the Township Code Enforcement
Officer.
(c)
If a tenant should wish to keep chickens on rented property,
then the tenant must secure written authorization from the property
owner, in a form acceptable to the Township Code Enforcement Officer,
as well as conform to all other requirements as enumerated in this
subsection. Both tenant and landowner shall be jointly and severally
responsible for compliance with the provisions of this subsection.
(d)
The Code Enforcement Officer and/or their designee(s) shall
have the right to inspect any chicken coop, chicken run, and fencing
between 8:00 a.m. and 5:00 p.m. (Monday through Friday). The inspector
shall issue any order deemed necessary to comply with any and all
federal, state, county, and municipal codes. Twenty-four hours' notice
shall be given to the property owner where practicable.
(3)
Keeping of chickens.
(a)
All chickens shall be kept in a sanitary and humane manner and
in such a way as to not be a nuisance to adjoining property owners,
as defined herein. All chicken waste shall be cleaned and disposed
in a sanitary manner. The Township shall use the standards set forth
at https://extension.psu.edu/small-scale-poultry housing as a general
guideline for determining whether chickens are being kept in a sanitary
and humane manner. The Township encourages chicken owners within the
Township to utilize the practices referenced therein.
(b)
All chickens shall be housed within a secure, fully enclosed
chicken coop which is contained within a fenced chicken run.
(c)
There shall be at least four square feet of space for each chicken
within the coop and an additional 10 square feet of space per chicken
within the chicken run.
(d)
The chicken run fence shall be made of durable materials, such
as wood and wire mesh, extending underground for at least one foot
and having an aboveground height of at least four feet and shall be
of semipermanent construction. The chicken run shall also have a roof
made of either wire mesh or aviary netting to protect against predators
or a more permanent roof structure. The height of the chicken coop
and chicken run shall not exceed six feet.
(e)
It shall be unlawful to let any chicken roam freely outside
of the areas of the chicken coop and chicken run. Any fencing shall
be extended underground for at least one foot and have an aboveground
height of at least six feet.
(f)
Chicken coops, chicken runs, and fencing shall be located in
the rear yard only and shall be no closer to any property line than
permitted for an accessory structure within the applicable zoning
district and no closer than 25 feet to any dwelling. All chicken coops,
chicken runs and associated fencing may be required to be shielded
from the view of adjacent properties with an additional appropriate
fence or shrubbery with a minimum height of four feet, as determined
by the Code Enforcement Officer in their sole discretion.
(g)
All chicken-related materials and feed must be kept in a secure
enclosed structure on the premises so as to prevent vermin and any
nuisance to surrounding neighbors.
(h)
All chicken waste must be cleaned up and stored in an insect-proof
container. All chicken waste must be disposed of regularly in a sanitary
way acceptable to the Township.
(5)
The sale of chickens or chicken eggs for commercial purposes
is prohibited. De minimus egg sales are permitted, as determined by
the Code Enforcement Officer in their sole discretion, subject to
the regulations of other agencies, where applicable.
(6)
It shall be unlawful and shall constitute a nuisance if any
chicken, chicken coop/run, or fenced area produces odors or excessive
noise at and beyond the property lines or attracts vermin, or is kept
in an unsanitary condition and/or is otherwise a concern to public
health in the discretion of the Code Enforcement Officer.
(7)
The keeping of chickens shall not be permitted as an accessory
use on a property where such use is prohibited by a covenant, restriction,
rule or regulation of a homeowners' or other association which includes
the property. Permit applications for properties located in communities
subject to a homeowners' association or other association shall include
written approval from the appropriate authority authorizing permission
to keep chickens, for the number of chickens permitted, and for the
location and size of the chicken coop and run.
[Added 2-19-2002 by Ord. No. 4-177]
Forestry, as defined in § 160-7B, shall be permitted in any zoning district in the Township, subject to the following regulations and requirements:
A.
Forestry activities shall be practiced in accordance
with accepted silvicultural principles, through developing, cultivating,
harvesting, transporting, and selling of trees for commercial purposes.
A plan shall be filed with the Township which shall provide measures
for erosion and sedimentation control and the immediate replanting
of trees on areas where existing tree growth has been harvested.
B.
Setbacks. Buildings, including accessory structures,
and the harvesting or cutting of timber which is part of any forestry
operation within the Township shall be set back from property lines
and road frontages as follows:
C.
Hours of operation. No forestry operations conducted
in the Township shall commence operations of any machinery utilized
in the forestry business, including motorized vehicles engaged in
the business, until 7:00 a.m. and all such operations shall cease
by 5:00 p.m., prevailing time, Monday through Friday, only.
D.
Exterior storage. Any exterior storage of lumber or
forestry product or by-product shall comply with all recognized fire
standards and safety standards and shall be screened from view with
the planting of an appropriate evergreen screen.
E.
Deliveries or transport to and from the site. No deliveries
to the location or transportation of product or by-product of the
forestry operation shall be conducted except between the hours of
7:00 a.m. and 5:00 p.m. Monday through Friday, only.
F.
External illumination. Any external illumination to
be placed on the site as part of or to assist in the forestry operation
shall be shielded from direct visual observation on any adjoining
property or along any adjacent roadway.
G.
Signage and retail operations. No sale of any of the
lumber or any other product or by-product of the forestry operation
may be sold on the premises where the forestry operation is conducted.
[Added 4-5-2005 by Ord. No. 4-205]
A.
The purpose of this section is to improve the safety,
travel conditions and general welfare of residents by the following
methods of lighting design:
(1)
Control of direct glare from lighting fixtures.
(2)
Reduction of spill light onto adjacent properties.
(3)
Reduction of light pollution.
(4)
Selection of lighting fixtures that accomplish
the above.
(5)
Promote lighting designs that provide the required
security but do not cause a nuisance to neighbors or the traveling
public.
B.
FIXTURE HEIGHT
FOOTCANDLE
FULLY SHIELDED
GLARE or DIRECT GLARE
HORIZONTAL FOOTCANDLE (HFE)
IESNA
INITIAL FOOTCANDLE
LIGHT TRESPASS (SPILL LIGHT)
LUMINAIRE
MAINTAINED FOOTCANDLE
OUTDOOR LIGHT FIXTURES
RESIDENTIAL PROPERTY OR PROPERTY LINE
VERTICAL FOOTCANDLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The distance from the top of the light fixture to the ground
level at the base of the light pole.
Standard unit of measure for illuminance on a given area.
Specifically, this represents a value of one lumen per square foot
of illuminance. All footcandles referenced in this section are initial
footcandles and not maintained footcandles.
Outdoor luminaires shielded or constructed so that all of
the light rays emitted by the fixture are projected below a horizontal
plane passing through the lowest point of the fixture. Refer to IESNA
guidelines. These guidelines specifically state that the candlepower
per 1,000 lumens does not numerically exceed 2.5% at an angle of 90°
above (nadir) horizontal and 10% at a vertical angle of 80° above
nadir. Dropped or sagged lens fixtures shall not be permitted.
Light directly visible to a viewer's eye, either directly
from a light source or reflected or refracted from the light source.
The illuminance measured on a horizontal surface.
Illumination Engineering Society of North America.
Illuminance of light when new light fixtures and new lamps
are energized. No dirt buildup is present and no use of maintenance
factors applied to lighting calculations.
Unwanted light received in areas beyond the property line
of the illuminated area.
The complete assembly of a light fixture that includes the
lamp, lamp housing, poles, mounting brackets and all other accessories.
The term "fixture" or "lighting fixture" when used shall also mean
"luminaire."
Illuminance of light adjusted for maintenance factor accounting
for dirt buildup.
Artificial illuminating devices that are used for illumination
or advertisement, These devices may be utilized on a temporary or
permanent basis. Areas used include, but are not limited to, the descriptions
below:
The property line of an individual property where individual
lots exist or the perimeter property line of the overall residential
development where there are no individual lots.
The amount of illuminance measured on a vertical surface.
C.
Luminaires and lamps.
(2)
All outdoor fixtures shall be installed and
placed in such a fashion so that light trespass values meet or exceed
the requirements for spill light as defined in this section.
(3)
Lighting sources for all exterior fixtures shall be LED (light-emitting
diode); metal halide; high-pressure sodium; fluorescent or incandescent.
Such lighting sources have a color temperature range between 2,200
to 2,400 kelvins.
[Amended 3-7-2017 by Ord.
No. 4-244]
(4)
The installation of building-mounted light fixtures
shall be governed by the following:
(a)
The maximum height of any luminaires within
80 feet of a residential zoning district shall be 14 feet. Lamps for
these luminaires shall not exceed 175 watts. Fixtures within 80 feet
of a residential zoning district shall be equipped with factory-prepared
external shielding on all sides visible from that residential district.
(b)
A maximum height of 20 feet for all other areas.
Lamps for these luminaires shall not exceed 250 watts.
(c)
All light fixtures mounted in canopies or overhangs
shall be recessed and shall not have drop dish lenses. Any lenses
shall be located at or above the horizontal plane at the bottom of
the luminaire.
(5)
The installation of light fixtures installed
within a building or structure having the capability of producing
direct glare beyond the building's property line shall be governed
by the following. This type of installation is representative for
such buildings as multilevel parking garages and elevated ramps.
(6)
The installation of individually mounted light
fixtures shall be governed by the following:
(a)
The maximum height of any luminaires within
80 feet of a residential zoning district shall be 14 feet. Lamps for
these luminaires shall not exceed 175 watts.
(b)
The maximum height of any luminaires for all
other locations shall not exceed 25 feet. Lamps for these luminaires
shall not exceed 400 watts.
(7)
Searchlights, beacon lights or similar fixtures
that project a beam of light into the air are prohibited.
(8)
Neon lights. Flashing, signaling or traveling
neon lights are not permitted under any circumstance. "Traveling"
neon lights shall be defined as neon lights that give the appearance
of motion of the light wave within the sign.
D.
Light trespass (spill light) shall apply to nonresidential,
institutional or multifamily districts:
(1)
All light fixtures shall be fully shielded and
shall be installed in such a manner that the light source and direct
glare is not visible to any adjacent properties.
(2)
Light levels shall not exceed 1.0 initial horizontal
footcandle at any property line adjacent to other nonresidential,
institutional or multifamily district properties or public rights-of-way.
(3)
Properties adjacent to residential districts.
The value of spill light shall not exceed 0.1 initial footcandle at
the property line of the residential property or the development where
the residential property exists.
(4)
Light level measurements shall be taken on a
horizontal plane at the grade level.
F.
Lighting control.
(1)
Lighting fixtures for off-street parking lots
shall be turned off no later than one hour after the ending of the
use on site except for lights which are necessary for security purposes.
(2)
Sports lighting for outdoor recreational facilities
shall not be illuminated after 11:00 p.m., except to conclude a public
noncommercial event which was in progress before 11:00 p.m.
G.
Plan submission.
(1)
Prior to the installation of any lighting system,
plans must be submitted to the Township for review and approval.
(2)
Submitted plans shall include the following:
(a)
Site plans indicating light fixture locations.
(b)
Catalog information for all types of lighting
fixtures utilized. This information shall include the fixture dimensions,
design, lamp type, pole bases and lamp wattage.
(c)
Computerized point-by-point photometric calculations.
Intervals for footcandle values shall be at a ten-foot minimum. Calculation
plane for all footcandle values shall be at grade. Footcandle values
shall be initial footcandles. Two sets of plots shall be prepared,
vertical footcandles and horizontal footcandles.
H.
Applicable codes. All work shall be performed in strict
accordance with the National Electric Code and all applicable local
codes.
I.
Exceptions.
(1)
Outdoor lighting fixtures installed prior to
the effective date of this section are exempt from the provisions
of this section. Any upgrades or replacement of these fixtures, however,
shall conform to this section.
(2)
Municipal, public noncommercial sports facilities,
police, ambulance or any type of emergency department use.
(3)
Lighting required for road construction or utility
construction.
(4)
Streetlights in a public road or public right-of-way.
(5)
All detached or attached single-family dwellings.
[Added 8-15-2017 by Ord.
No. 4-246]
An extended day-care center, as defined in § 160-7B, and permitted in accord with the provisions of this chapter within the "Extended Day-Care Center Overlay Option, shall comply with all applicable provisions of this chapter, including the following regulations and standards:
A.
The purpose of this section is to recognize:
(1)
The unique use of an extended day-care center to help satisfy
the needs of working families by having extended day-care resources
in close proximity to employment centers; and
(2)
Certain properties, as identified herein, previously used for
residential purposes and which are generally isolated from larger
residential neighborhoods while having frontage along a major roadway,
such as those classified as "collector road" but not including those
designated as a "scenic road" in the Township's Comprehensive Plan,
are properly situated for such a use.
B.
The property must be located in the R-1 Residence District on those
lots specifically designated by the Board of Supervisors, including
the following parcels: 66-00-07774-00-8 (Block 14, Unit 16) and 66-00-
07771-00-2 (Block 14, Unit 106).
D.
A minimum lot area of two acres shall be required. The lot must conform
to all other dimensional criteria of the R-1 Residence District.
E.
Parking shall be in compliance with the provisions of § 160-192(B)(2)(m),
Day-care-homes, day-care centers, nursery schools or similar places.
Angled parking shall be permitted. Overflow parking for special events
shall be provided by use of temporary parking spaces on site or leasing
of parking spaces within one mile of the property, subject to the
satisfaction of the Township Zoning Officer.
F.
The outdoor play area shall be permitted in the side and rear yards.
G.
The building and outside play area shall conform to any and all regulations
of the Commonwealth of Pennsylvania for child day care, as well as
all applicable regulations for fire and panic, and have no barriers
for the handicapped, and shall conform to all Township codes.
H.
A membership and completion of a registration packet shall be required
for every child who attends the extended day-care center, including
those children who do not attend the extended day-care center on a
regular basis. The evening and weekend programs at the extended day-care
center shall require a reservation at least 24 hours in advance in
order for the proper teacher-to-child ratio to be met.
I.
Signage for the extended day-care center shall be limited to one
on-premises sign, which may be either a facade sign with a maximum
area of 30 square feet and a maximum height of 10 feet or a ground
sign with a maximum area of 16 square feet and a maximum height of
five feet. If the sign is illuminated, the illumination shall be extinguished
no later than one hour after closing or at 12:00 midnight, whichever
is earlier. Changeable text electronic signs are not permitted.
J.
If an existing building is used or adapted for use as an extended
day-care center by keeping some portion of the existing walls, any
existing dimensional nonconformities may continue. A vertical expansion
of the nonconforming building shall be permitted which does not exceed
the height limitations of all other buildings or structures in the
zoning district and which does not exceed the existing yard setbacks.
[Added 11-8-2017 by Ord.
No. 4-247]
Notwithstanding any other restriction on accessory structures in this chapter (Zoning), up to three flagpoles may be placed in the front yard, side yard, or rear yard of any lot, but each flagpole shall be set back from any lot line or ultimate right-of-way line a distance at least equal to the height of the flagpole. In residential districts, flagpoles may not exceed 25 feet in height. In nonresidential districts, flagpoles shall be subject to the same height requirements applicable to principal buildings. Flags flown on the flagpoles must meet the requirements of Article XXVI (Signs) of this chapter.
