It is the intent of this article to establish clear standards for activities that may be associated with a variety of zoning districts or types of land use and to cross-reference provisions in Chapter 155, Subdivision and Land Development, that regulate activities in one or more zoning districts. Except where noted in this article, these regulations apply to all zoning districts within the Township.
[Amended 6-19-2012 by Ord. No. 330]
In addition to complying with the specific requirements in other
applicable articles of this Zoning Chapter, proposals shall comply
with the following additional regulations:
Applications shall be filed with the Township
for subdivision and/or land development and/or other uses of land
as permitted by this chapter, in compliance with the following:
A.
Ownership. The subject tract or land area shall be
in one ownership or shall be subject to a joint application filed
by the owners of the entire site, under single direction, using one
overall plan.
B.
Proposed plans.
(1)
Subdivision and/or land development applications shall include a proposed plan in compliance with the Limerick Township Chapter 155, Subdivision and Land Development, and all other applicable Township ordinances.
(2)
Applications for permitted uses which are not subdivisions
or land developments shall include a proposed plan in sufficient detail
and clarity to enable the Township to determine compliance with all
applicable regulations.
(3)
The proposal for a tract or land area may be carried
out in a single phase or in sections, in compliance with the Pennsylvania
Municipalities Planning Code,[1] and shall be in compliance with a development agreement
which shall be:
(a)
Binding to the overall tract and its development.
(b)
Acceptable to the Board of Supervisors, under
the advice of the Township Solicitor.
(c)
Recorded with the final plan.
(d)
Subject to renegotiation if the applicant proposes
revisions to the approved plans.
[1]
Editor's Note: 53 P.S. § 10101 et
seq.
All development in the Township shall be served by water supply and sewage disposal facilities which are appropriate for the type of land use, physical characteristics of the land, location in the Township and availability of existing water and sewage systems and shall be further regulated by the requirements below. All water supply facilities shall meet the requirements of § 155-30, Water supply, of Chapter 155, Subdivision and Land Development.
A.
Individual on-site systems.
(1)
Individual on-site water supply and sewage disposal
facilities may be used in all zoning districts where central water
and/or sewer facilities are not available.
(2)
Written proof of compliance with the applicable state
regulations must be provided to the Code Enforcement Officer before
occupancy permits will be issued.
B.
Common or shared on-site systems.
(1)
Common or shared on-site water supply and/or sewage
disposal facilities may be used in all zoning districts where central
water and/or sewer facilities are not available.
(2)
Common or shared facilities shall comply with the requirements of § 184-67 herein regarding ownership and maintenance of common land areas and improvements.
(3)
Written proof of compliance with the applicable state
regulations must be provided to the Code Enforcement Officer before
occupancy permits will be issued.
C.
Off-site facilities.
(1)
Off-site central water and/or sewage facilities provided
by a municipal authority or a utility certified by the Pennsylvania
Public Utility Commission must be used for development in all zoning
districts when they are available.
(2)
Written proof of compliance with the applicable state
regulations must be provided to the Code Enforcement Officer before
occupancy permits will be issued.
Minimum lot width or frontage as required under
this chapter shall be measured at the building line, as defined herein.
For the purposes of measuring lot width at the building line, the
following requirements apply:
A.
For wedge-shaped lots which are narrower at the street
than at the rear property line, the building line may be moved back
to a point no more than twice the required front yard depth, measured
from the street line. At this point, the lot width must equal the
minimum lot width required for the district. At least 50 feet of street
frontage shall be provided for each lot. Such flexibility in lot width
measurement shall only be permitted around the bulb of a cul-de-sac.
[Amended 6-2-1998 by Ord. No. 196]
B.
Where flag lots are permitted, the building line shall
be oriented as parallel or concentric to the street from which access
is provided as is feasible and shall be set back from the intervening
property line at least the minimum front yard depth.
A.
With the exception of flag lots, as defined herein,
all lots shall abut a public street, or a private street that meets
all Township specifications, for at least 50 feet at the right-of-way
line of the public street; and said 50 feet must be usable for purposes
of ingress and egress to the lot. Flag lots shall abut a public or
private street for at least 25 feet; this access strip must be usable
for ingress and egress to the lot.
B.
Preexisting landlocked parcels may be developed with
one single-family detached house provided with a twenty-five-foot-wide
easement of access, and provided that the usable portion of the lot
meets all other lot size and dimensional requirements of the district
in which it is located.
A.
All front yard setbacks required under this chapter shall be calculated from the ultimate right-of-way of the street on which the lot fronts, as specified in Chapter 155, Subdivision and Land Development.
B.
If there is a pronounced uniformity or alignment of
fronts of existing buildings, the front yard of a proposed building
in any district may, by special exception granted by the Zoning Hearing
Board, be decreased in depth to the average alignment of existing
buildings located within 100 feet from each side of the proposed building
on the same side of the street and within the same block.
[Amended 12-20-2011 by Ord. No. 328; 8-15-2017 by Ord. No. 379]
Corner lots shall meet the minimum front yard
setback requirements for the applicable districts on both intersecting
streets. An accessory structure shall not be placed in the front yard
(that minimum setback area where the principal building can be placed,
as defined). An accessory structure shall not be located between the
principal building and the street on the principal façade of
the building (the side of the building that has the front door). (NOTE:
The setback line for an accessory structure of a house that sits on
an angle facing the corner and not in line with either street, the
principal facade line would be extended along the building line until
it intersects the two front yard lines.)
[Amended 6-2-1998 by Ord. No. 196]
A.
The owner of a travel-trailer type vehicle designed
for living or sleeping purposes may place said vehicle on a lot as
a temporary residence for a period not exceeding one year, provided
that the placement of said vehicle occurs only during the construction
of a dwelling on said lot, that proper facilities for water and sewage
disposal have been approved by the County Health Department and that
the trailer shall be removed upon completion of said dwelling.
B.
Temporary sales uses. The following provisions shall regulate temporary
seasonal retail sales of Christmas trees:
[Amended 9-6-2016 by Ord.
No. 371]
(1)
Such sales shall only be permitted in a district permitting retail
sales or as accessory to a lawful nonconforming principal commercial
use.
(2)
An application for a temporary sales use permit shall be submitted
on a form prepared by the Zoning Officer. The application fee shall
be established and revised by resolution of the Board of Supervisors.
(3)
The retail sales use shall be limited from the fourth Friday of every
November until December 31.
(4)
The retail sales shall meet setback requirements of the applicable
zoning district and shall not obstruct sight triangles.
(5)
Only two sign faces shall be permitted which shall each have a maximum
sign area of six square feet. Such sign shall not be illuminated.
(6)
The applicant shall prove to the Zoning Officer that adequate parking
and traffic control will be available for both the temporary sales
and any other use of the property. The Zoning Officer may place conditions
upon the permit to address parking and traffic control.
C.
Carnivals. The following provisions shall regulate
temporary seasonal carnivals:
(1)
Such use shall only be permitted in a commercial district,
another district permitting such use or on a lot with a minimum lot
area of two acres occupied by an established place of worship, fire
company or similar community service use granted nonprofit status
by the Internal Revenue Service.
(2)
The carnival shall be limited to two time periods
per lot per year. Each time period shall not exceed seven days in
length. A temporary use permit shall be obtained from the Zoning Officer.
(3)
The carnival shall not obstruct sight triangles.
(4)
Temporary signs are not regulated during the carnival.
(5)
The applicant shall prove to the Zoning Officer that
adequate parking and traffic control will be available for both the
carnival and any other use of the property. The Zoning Officer may
place conditions upon the permit to address parking and traffic control.
Flag lots, as defined herein, are permitted in the R-1 and R-2 Districts, including areas where the R-1 requirements apply due to lack of public water service, at the discretion of the Board of Supervisors on the recommendation of the Planning Commission, in compliance with the other applicable requirements of this chapter and of Chapter 155, Subdivision and Land Development.
[Added 6-7-2005 by Ord. No. 251]
All outdoor lighting of property shall comply with the standard set forth in the Subdivision and Land Development Ordinance at §§ 155-17 and 155-17.1.
A.
In residential zoning districts, all outside lighting
of buildings, structures or other open areas shall be located, aimed,
designed, fitted and maintained so that the glare or reflection visible
from a street or residence adjacent to the building, structure or
other open area being illuminated shall not project illuminance greater
than 0.3 footcandle, measured in a plane perpendicular to the line
of sight, at the property or boundary line.
[Amended 12-20-2011 by Ord. No. 327]
B.
In all nonresidential zoning districts, all outside
lighting shall be shielded so that the source of light shall not be
visible from any point off the lot on which the building, structure,
driveway or parking area being illuminated is located and so that
only the building or area is directly illuminated thereby. In no case
shall lights be permitted to be directed or reflected toward any residential
district.
[Amended 12-20-2011 by Ord. No. 327]
C.
In every district all outdoor lighting shall be arranged
so as to protect the street or highway as well as adjoining properties
from direct glare or hazardous interference of any kind. Any luminaire
shall be equipped with some type of glare shielding device approved
by the Township Engineer.
D.
Outdoor
lighting other than streetlighting shall comply with the following:
[Added 12-20-2011 by Ord. No. 327]
(1)
All
lighting shall be aimed, located, designed, fitted and maintained
so as not to present a hazard to drivers or pedestrians by impairing
their ability to safely traverse and so as not to create a nuisance
by projecting or reflecting objectionable light onto a neighboring
use or property.
(2)
Directional
lights such as floodlights, spotlights and sign lights shall be installed
and aimed so that they do not project their output into the windows
of neighboring residences, adjacent uses, past the object being illuminated,
or onto a public roadway.
(3)
Vegetation
screens shall not be employed to serve as the primary means for controlling
glare. Rather, such control shall be achieved primarily through the
use of sharp cut-off fixtures, the appropriate application of mounting
height, wattage, aiming angle, fixture placement and fixture design,
etc., and the addition of shields and baffles as necessary.
(4)
The
intensity of illumination projected from any use onto a residential
use shall not exceed 0.3 vertical footcandle, measured line of sight
from any point on the receiving residential property.
(6)
Flag-lighting
sources shall not exceed 10,000 lumens per flagpole. The light source
shall have a beam spread no greater than necessary to illuminate the
flag. The flags of the United States, the Commonwealth of Pennsylvania,
Montgomery County and Limerick Township shall be permitted to be illuminated
from dusk till dawn. All other flags shall not be illuminated past
11:00 p.m.
(7)
Under-canopy
lighting such as gas station, hotel/theater marquee, drive-through
windows, etc., shall be accomplished using flat-lens full-cutoff fixtures
aimed straight down and shielded in such a manner that the lowest
opaque edge of the fixture shall be below the light source.
Nothing herein contained shall be construed
to render inoperative any enforceable restriction established by covenants
running with the land, and which restrictions are not prohibited by
or are not contrary to the regulations herein established.
No building or structure in the Township shall
exceed a height of 35 feet except as specified below.
A.
Exceptions to building height limits. The height limitations
of this chapter shall not apply to chimneys, place of worship spires,
gables, cupolas, standpipes, flagpoles, monuments, transmission towers,
radio or television antennas, water tanks and similar structures and
necessary mechanical appurtenances, provided that:
[Amended 6-2-1998 by Ord. No. 196]
B.
Agricultural buildings. A maximum height of 55 feet
is permitted for agricultural buildings, provided that the setback
from any property line equals the height of the building or structure,
and provided that no maximum height shall apply to the agricultural
silos or attached mechanical equipment.
[Amended 6-2-1998 by Ord. No. 196]
C.
Fences and walls. No freestanding fence or wall (except for retaining walls) shall exceed six feet in height, except where necessary for the screening or shielding of outdoor storage or equipment areas, where permitted under this chapter, and/or refuse collection facilities, in compliance with § 184-66 herein.
D.
Outdoor storage and outdoor display. Outdoor storage or outdoor display
located between a building and a lot line adjacent to a residential
district shall not exceed 12 feet in height.
[Added 4-23-2019 by Ord.
No. 395]
[Amended 6-2-1998 by Ord. No. 196; 12-15-2020 by Ord. No. 404]
No building and no part of a building shall be erected within
or shall project into any required yard in any district, except as
listed below with the condition that a permitted projection shall
not infringe into any required principal building separation or required
buffer:
A.
An unenclosed porch, not more than 14 feet in height, may be erected
to extend into a required front or rear yard a distance of not more
than 10 feet, provided that in no case shall it extend into such front
or rear yard more than 1/2 the required depth of the yard, except:
[7-19-2022 by Ord. No.
416]
(1)
When
an existing residential dwelling has a nonconforming front yard setback,
such that an unenclosed front porch cannot be placed on the dwelling
in accordance with the provisions above, then an unenclosed front
porch, not to exceed eight feet deep and extending full width of the
dwelling, may be permitted to project into the required front yard
so long as it does not encroach into the ultimate right-of-way of
the street.
B.
A terrace, platform or landing place, not covered by a roof, canopy
or trellis, which does not extend above the level of the first floor
of the building may be erected to extend into a required front, rear,
or side yard a distance of not more than 10 feet, provided that it
shall not extend into the side yard more than 1/2 the required width
of the yard.
C.
A porte-cochere or carport may be erected over a driveway in a required
side yard, provided that such structure is:
D.
A buttress, chimney, cornice, pier or pilaster of a building may
project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows and balconies may
project no more than three feet into a required yard.
[Amended 9-4-2012 by Ord. No. 334]
In all single-family attached, multifamily and nonresidential
developments, refuse collection facilities must be provided by the
applicant, either inside the building(s) or within an area enclosed
by either walls or opaque fencing.
A.
Refuse areas are prohibited between the street right-of-way and any
building, and between the side property lines and any building. Refuse
areas shall only be permitted behind or to the rear of the building.
In the case of double frontage lots, refuse areas are permitted between
the side yard setback and the building on the side located closest
to the roadway of lowest classification.
B.
Walls or fencing shall be designed to shield the refuse facilities
from direct view from adjacent properties to a height of at least
six feet but no more than 12 feet high. Refuse materials may not exceed
the height of the fence. Such facilities shall be architecturally
compatible with the building(s) as determined by the Township.
C.
The refuse area shall be located at least 10 feet from any adjacent
nonresidential zoning district and at least 75 feet from any adjacent
residential zoning district or ultimate right-of-way.
D.
The refuse area shall not interfere with circulation within the parking
lot.
E.
Facilities shall be designed in a manner which can accommodate large
collection trucks and shall be large enough to accommodate recycling
containers.
F.
Refuse facilities attached to or within buildings shall be subject
to the same building setbacks as the buildings.
Common elements, including but not limited to
open space, recreation, sewer, water and stormwater management facilities
which will not be publicly owned shall be subject to a form of ownership
established in private agreements acceptable to the Board of Supervisors,
upon recommendation of the Township Solicitor. Such private ownership,
including but not limited to corporate, individual, condominium, landlord
or fee-simple homeowners' or landowners' association, shall be governed
by the following:
B.
Perpetual maintenance shall be guaranteed by trust
indenture or similar instrument, approved by the Board of Supervisors,
upon recommendation of the Township Solicitor, which instrument shall:
(1)
Be recorded with the Recorder of Deeds of Montgomery
County simultaneously with the recording of the final plan.
(2)
Restrict the common elements by deed restrictions
granting the Township the right to enforce the restrictions.
(3)
Include provisions for:
(a)
Bonds posted by the developer to cover expenses
incurred before formation of a homeowner's association.
(b)
Adjustment of association fees to account for
inflation.
(c)
A reserve fund to cover capital improvements
and/or unforeseen major maintenance requirements.
(d)
Funds for professional management.
(4)
Authorize the Township to maintain the common elements
and assess the private ownership accordingly if private ownership
fails to function as required in the private agreements. This shall
include but need not be limited to:
(a)
Failure to clear streets and parking areas of
snow.
(b)
Failure to maintain stormwater control facilities.
(c)
Failure to correct any hazardous conditions.
(d)
Failure to perform, abide by and complete any
duties, obligations or requirements as set forth in the private agreements
and/or the final plan approval of the Board of Supervisors.
An application for any conditional use as specified
in the various Articles of this chapter shall be considered by the
Township Supervisors according to the following procedure:
A.
Application.
(1)
The application shall be submitted, in writing, to the Township Secretary. The application shall be accompanied by a filing fee adopted pursuant to the provisions of § 184-32.
[Amended 5-3-2005 by Ord. No. 249]
(2)
The application shall include the request for approval
of a conditional use and sufficient information to document compliance
with the applicable standards of this chapter. A tentative sketch
plan of the proposed development shall be included.
(3)
The applicant shall provide prestamped and preaddressed envelopes for all landowners within 400 feet of the applicant's land, according to the requirements of § 184-38G herein.
(4)
The Township Secretary shall submit one copy of the application to
the Township Planning Commission for its reviews and recommendations,
one copy to the Township Board of Supervisors and other copies to
agencies and/or technical consultants whose review may be relevant.
[Amended 6-16-2015 by Ord. No. 360]
B.
Public hearing.
(1)
The Board of Supervisors shall schedule a public hearing
within 60 days from the date of the application, unless the applicant
has agreed in writing to an extension of time and shall give public
notice of such hearing. The Board shall render a written decision
within 45 days after the last hearing before the Board. For the purpose
of this subsection, the last hearing before the Board shall not terminate
until the transcript of the hearing has been filed with the Board
by the court stenographer. Upon receipt of the transcript, the Board
shall give notice to the parties of the date of such filing and the
forty-five-day period shall commence unless the parties have requested
time to file with the Board requests for findings of fact and conclusions
of law in which case the Board shall establish a time during which
such filing are to be made.
[Amended 5-3-2005 by Ord. No. 249]
(2)
The Board of Supervisors shall consider the comments
and recommendations of the Township and County Planning Commissions,
other advisors and those present at the public hearing prior to deciding
to approve or deny the proposed use and any conditions to be imposed
upon approval.
(3)
Where the Board fails to render the decision within
the required period or fails to hold the required hearing within 60
days of application, the decision shall be deemed to have been rendered
in favor of the applicant unless the applicant has agreed, in writing
or on the record, to an extension of time.
C.
Decision.
[Added 6-2-1998 by Ord. No. 196]
(1)
The Board of Supervisors shall render a written decision
or, when no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Supervisors.
(2)
Where the application is contested or denied, each
decision shall be accompanied by findings of fact or conclusions based
thereon, together with any reasons therefor; conclusions based on
any provisions of the Municipalities Planning Code or of any ordinance,
rule or regulation shall contain a reference to the provision relied
upon and the reasons why the conclusion is deemed appropriate in the
light of the facts found.
(3)
Deemed decision. Where the Board of Supervisors fails
to make a decision within the time period required above, or fails
to hold the required hearing within the time period required by state
law, the decision shall be deemed to have been rendered in favor of
the applicant, unless the applicant has agreed in writing or on the
record to an extension of time.
(a)
When a decision has been rendered in favor of
the applicant because of the failure of the Board of Supervisors to
meet or render a decision as required, the Board of Supervisors shall
give public notice of the decision within 10 days from the last day
it could have met to render a decision in the same manner as required
by the public notice requirements of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(b)
If the Board of Supervisors shall fail to provide
such notice, the applicant may do so.
(4)
A copy of the final decision or, where no decision
is called for, of the findings shall be delivered to the applicant
personally or mailed to the applicant no later than the day following
its date.
