The provisions of this article represent regulations
and standards which are common to all zoning districts. Unless exempted
by applicable provisions or specified limitations, the following common
regulations shall apply to all by-right uses and all uses permitted
by special exception or conditional use. In the event that the provisions
of this article conflict with other provisions of this chapter, the
more restrictive provisions shall apply.
Federal and state owned property shall be subject
to the provisions of this chapter only insofar as permitted by the
Constitution and laws of the United States of America and of the Commonwealth
of Pennsylvania.
A.
Reduction of lot area. No lot shall be so reduced
through subdivision that the area of the lot or the dimensions of
the required yards and open spaces shall be smaller than herein prescribed.
B.
Modification of front yard requirements. The front
yard of a proposed building in any district may be decreased in depth
to the average alignment or setback of existing buildings within 100
feet on each side of the proposed building, provided such calculation
is limited to the same block. Such reduction may occur when the alignment
of existing buildings is less than the front yard requirement for
the applicable district. However, in no case shall said front yard
encroach within the legal right-of-way of a street.
C.
Projections into required yards. No building and no
part of a building shall be erected within or shall project into any
required yard in any district, except:
(1)
A buttress, chimney, cornice, pier or pilaster of
a building may project not more than 18 inches into a required yard.
(2)
Open, unenclosed fire escapes, steps, bay windows
and balconies may project not more than three feet into a required
yard.
(3)
A terrace, patio, or unenclosed porch that does not
extend above the level of the first floor of the building, may be
erected to extend into a required front or rear yard a distance of
not more than six feet, provided that it shall not extend into such
yard more than 1/5 the required depth of the yard.
(4)
A pump, light standard, air tower, water outlet, or
similar installation of a gasoline service station, where permitted,
may be placed within a required front yard, but in no case closer
to a street line than 15 feet.
D.
Corner and reverse frontage lots.
(1)
Corner lots. A front yard as provided for in the lot
area, bulk, and coverage requirements for the various districts shall
be required on each street on which a corner lot abuts. Accessory
buildings shall be located behind the setback lines of both streets.
(2)
Reverse frontage lots. For reverse (double) frontage
lots, the minimum front yard setback shall be met along the street
for which the United States Postal District mailing address is assigned.
Accessory buildings shall be located behind the setback lines of both
streets.
E.
Height limitations. No building or structure shall
exceed the height limitations of this chapter, except for church spires,
belfries, cupolas, monuments, observation towers, transmission towers,
water towers, chimneys, smoke stacks, flagpoles, masts, windmills,
solar panels, and other similar structures not devoted to human occupancy,
provided the minimum setback for each structure from any lot line
is a distance equal to or greater than the proposed height unless
otherwise provided for in this chapter.
A.
No fence or wall shall be erected and no hedge tree, shrub, or other vegetative growth shall be maintained which may obstruct required sight distance at street intersections, public streets, private roads or driveways in accordance with Chapter 320, Subdivision and Land Development, or § 370-82D of this chapter.
B.
Unless otherwise required in this chapter, no fence
or wall, except a retaining wall, or a wall of a building permitted
under the terms of this chapter, over six feet in height, shall be
erected within any of the yards required by this chapter unless that
portion of the fence or wall which exceeds six feet in height has
a ratio of open area to solid area of at least 4:1.
C.
Fences or walls that are in conformance with all of
the provisions of this and other applicable ordinances may be permitted
within required setbacks.
D.
Fences or walls shall not be located in drainage easements
or drainage swales that are part of an approved storm water management
plan.
E.
Where the foregoing provisions conflict with landscaping,
buffer area, planting or screening requirements, the Zoning Officer
shall resolve the differences.
The following performance standards shall apply
to all districts:
A.
Air quality.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors, gases, or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 103 (Standards for Contaminants), Chapter 131 (Ambient Air Quality Standards), and Article III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.
(2)
Visible air contaminants shall not be emitted in such
a manner that the opacity of the emissions is equal or greater than
20% for a period or periods aggregating more than three minutes in
any one hour or equal to or greater than 60% in any one time and shall
comply with Pennsylvania Code Title 25, Chapter 127.A(7), or its most
recent update.
(3)
No user shall operate or maintain or be permitted
to operate or maintain any equipment, installation or device which,
by reason of its operation or maintenance, will discharge contaminants
to the air in excess of the limits prescribed herein unless he shall
install and maintain in conjunction therewith such control as will
prevent the emission into the open air of any air contaminant in a
quantity that will violate any provision of this chapter.
B.
Fire and explosive hazards.
(1)
All activities and all storage of flammable and explosive
material at any point shall be provided with adequate safety devices
against the hazard of fire and explosion, and adequate fire fighting
and fire suppression equipment, and devices as detailed and specified
by the laws of the Commonwealth of Pennsylvania.
(2)
All buildings and structures and activities within
such buildings and structures shall conform to the Building Code,
and other applicable Township codes and ordinances. Any explosive
material shall conform to the requirements of Chapter 211, Title 25,
Rules and Regulations, Pennsylvania Department of Environmental Protection,
for storing, handling and use of explosives.
C.
Glare and heat.
(1)
No direct or sky-reflected glare from high temperature processes, such as combustion, welding or otherwise shall be permitted so as to be visible at the lot line. These regulations shall not apply to signs or floodlighting of parking areas otherwise in compliance with § 370-77 of this chapter.
(2)
There shall be no emission or transmission of heat
or heated air so as to be discernible at the lot line.
D.
Liquid and solid waste. There shall be no discharge
at any point into any public or private sewerage system, or watercourses
or into the ground, of any liquid and solid waste materials in such
a way or of such a nature, as will contaminate or otherwise cause
the emission of hazardous materials in violation of the laws of North
Coventry Township and the Commonwealth of Pennsylvania, and specifically
Chapters 73, 75, 95 and 97, Title 25, Pennsylvania Department of Environmental
Protection, Rules and Regulations, as supplemented or amended.
E.
Noise. Noise shall be controlled in conformance with the requirements and performance standards of Chapter 237, Noise.
F.
Odor.
(1)
No uses, except agricultural operations, shall emit
odorous gases, or other odorous matter in such quantities to be offensive
at any point on or beyond its lot lines.
(2)
The guide for determining such quantities of offensive
odors shall be the 50% response level of Table 1 (Odor Thresholds
in Air), "Research or Chemical Odors: Part I - Odor Thresholds for
53 Commercial Chemicals," October 1968, Manufacturing Chemists Association,
Inc., Washington, D.C.
G.
Vibration. No vibration shall be produced which is
transmitted through the ground and is discernible without the aid
of instruments at or at any point beyond the lot lines nor shall any
vibration produced exceed 0.002g peak measured at or beyond the lot
line using either seismic or electronic vibration measuring equipment.
H.
Radioactivity.
(1)
There shall be no activities which emit dangerous
levels of radioactivity at any point.
(2)
No operation involving radiation hazards shall be
conducted which violates the regulations and standards established
in Title 10, Part 20, Code of Federal Regulations, "Standards for
Protection Against Radiation," in its latest revised form.
I.
Electrical and electromagnetic interference.
(1)
There shall be no radio or electrical disturbance
adversely affecting the operation of equipment belonging to someone
other than the creator of disturbance.
(2)
No use, activity, or process shall be conducted which
produces electromagnetic interference with normal radio or television
reception from off the premises where the activity is conducted.
J.
Public health and safety. No use shall create any
other objectionable condition in an adjoining area which will endanger
public health and safety or be detrimental to the proper use of the
surrounding area.
A.
General requirements.
(1)
Outdoor storage of man-made products shall be screened from view of public rights-of-way and adjacent residential uses. Screening shall be in accordance with § 370-79.
(2)
Outdoor storage facilities for fuel, raw materials
and products shall be enclosed with an approved safety fence compatible
with the architectural and landscaping style employed on the lot.
In addition to a fence, bulk storage tanks shall be enclosed by a
moat or berm to contain potential spillage.
(3)
All organic refuse or garbage shall be stored in tight,
vermin-proof containers. In multiple-family, commercial, and industrial
developments, garbage storage shall be centralized to expedite collection
and enclosed on three sides by an architectural screen or plantings.
(4)
No highly flammable or explosive liquids, solids,
or gases shall be stored in bulk above ground, except the following:
(a)
Tanks or drums of fuel connected directly with
and located and operated on the same lot as the energy devices or
heating appliances they serve.
(b)
Tanks or drums for storage of not more than
300 gallons of fuel oil (other than that used for home heating) or
gasoline or diesel fuel, provided such tanks are located no closer
than 25 feet to any building or lot line or 50 feet from any street
line.
(5)
No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transported off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
(6)
Unless otherwise permitted by this chapter, no more
than one vehicle without a license or without proof of inspection
shall be stored outside per lot, and no vehicle without a license
or without proof of inspection may be stored outside on any lot for
more than six months.
B.
Residential outdoor storage.
(1)
Major recreational equipment.
(a)
For purposes of this chapter, major recreational
equipment shall include boats and boat trailers, travel trailers,
pickup campers or coaches (designed to be mounted on automotive vehicles),
tent trailers, snowmobiles, and the like, and apparatus used for transporting
recreational equipment, whether or not currently being used for the
purpose.
(b)
Major recreational equipment shall not be parked or stored on any lot in any residential district except in a carport or enclosed building or to the rear of the rear most wall of the dwelling; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading and unloading. For the purposes of this section, if the rear yard of the premises is adjoining the side yard of an adjacent residential lot, it shall be considered to be the side yard, rather than the rear yard. [See also § 370-36B(8).]
(c)
No such equipment shall be used for dwelling
purposes on a residential lot.
(2)
Storage of trailers when left in place and used as
an extension to the building are not permitted in residential districts.
(3)
No storage shall be permitted within the front yard
of any lot.
C.
Industrial and commercial outdoor storage. For all
industrial and commercial districts or uses, storage of materials,
equipment or vehicles, but not including parking and similar activities,
shall be carried on within a building, except that outdoor storage
for a permitted industrial or commercial use may be authorized where
all of the following conditions are met:
(1)
The industrial or commercial use involved traditionally
employs outdoor storage.
(2)
Such storage is needed for the successful operation
of the use, and the proposed site is suitable for outdoor storage.
(3)
It can be shown that indoor storage is not practical.
(5)
The storage shall comply with all applicable setback
requirements and shall cover only that percentage of total lot area
which is deemed practical and feasible in the opinion of the Zoning
Hearing Board. Wherever feasible, outdoor storage shall be located
to the side or rear of the property.
(6)
The storage area shall be screened from view from any public right-of-way or any residential district by buildings, walls, or an effective screen as defined in Article II of this chapter.
(7)
Any establishment which furnishes shopping carts or
mobile baskets as an adjunct to shopping shall provide definite areas
within the building and parking space area for storage of said carts.
In no case shall any such cart be allowed to be removed more than
300 feet from said establishments. Each designated storage area shall
be enclosed by a barrier at least six inches higher than the parking
area surface, shall be clearly marked for storage of shopping carts.
All shopping carts shall be stored indoors or otherwise secured during
non-operating hours.
(8)
Outdoor storage of raw materials and/or finished products
shall be permitted only within the buildable area of the lot behind
the front building line of the principal buildings, and shall not
exceed eight feet in height.
A.
Purpose. To require and set minimum standards for
outdoor lighting to:
(1)
Provide for and control lighting in outdoor public
places where public health, safety and welfare are potential concerns.
(2)
Protect drivers and pedestrians from the glare of
nonvehicular light sources.
(3)
Protect neighbors and the night sky from nuisance
glare and light trespass from improperly selected or poorly placed,
aimed, applied, maintained or shielded light sources.
(4)
Promote energy efficient lighting design and operation.
(5)
Protect and retain the intended visual character of
the various Township venues.
B.
Applicability.
(1)
All uses within the Township where there is outdoor
lighting, including, but not limited to, residential, multifamily
residential, commercial, industrial, public and private recreational/sports,
institutional uses, and sign, billboard, architectural and landscape
lighting.
(2)
Temporary seasonal decorative lighting and emergency
lighting are exempt from all but the glare-control requirements of
this chapter.
C.
FOOTCANDLE
FULL CUTOFF
GLARE
ILLUMINANCE
LIGHT TRESPASS
LUMEN
Definitions.
Unit of light intensity stated in lumens per square foot
and measurable with an illuminance meter, aka, light meter.
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or above
an angle 10º below that horizontal plane, at all lateral angles
around the fixture.
Excessive brightness in the field of view that causes loss
in visual performance or annoyance, to jeopardize health, safety or
welfare.
Quantity of light, measured in footcandles.
Light emitted by a lighting fixture or installation, which
is cast beyond the boundaries of the property on which the lighting
installation is sited.
The light-output rating of a lamp (light bulb), as used in
the context of this chapter.
D.
Criteria.
(1)
Illumination levels. Lighting, where required by this
chapter, or otherwise required by the Township, or proposed by applicant,
shall have intensities and uniformities in accordance with the recommended
practices of the Illuminating Engineering Society of North America
(IESNA), unless otherwise directed by the Township.
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate
to the lighting application and aesthetically acceptable to the Township.
(b)
For the lighting of predominantly horizontal
surfaces such as, but not limited to, roadways, vehicular and pedestrian
passage areas, merchandising and storage areas, automotive-fuel dispensing
facilities, automotive sales areas, loading docks, culs-de-sac, active
and passive recreational areas, building entrances, sidewalks, paths,
site entrances and parking areas, fixtures shall be aimed straight
down and shall meet IESNA full-cutoff criteria. Fixtures with an aggregate
wattage per-fixture that does not exceed the output of a standard
60-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the
requirements of this subsection.
(c)
For the lighting of nonhorizontal surfaces such
as, but not limited to, facades, landscaping, signs, billboards, fountains,
displays, flags and statuary, the use of lighting fixtures that are
installed and aimed so as to project their output into the windows
of neighboring residences, adjacent uses, past the object being illuminated,
skyward or onto a public roadway shall not be permitted. Fixtures
with an aggregate wattage per-fixture that does not exceed the output
of a standard 60-watt incandescent lamp, i.e., 1,000 lumens, are exempt
from the requirements of this subsection.
(d)
Barn lights, aka "dusk-to-dawn lights," shall
not be permitted where they are visible from other uses unless fitted
with a reflector to render them full cutoff.
(3)
Control of glare.
(a)
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.
(b)
Parking facility and vehicular and pedestrian
way lighting (except for safety and security applications), for commercial,
industrial and institutional uses shall be automatically extinguished
no later than one hour after the close of business or facility operation.
When safety or security lighting is proposed by applicant for after-hours
illumination, it shall not be in excess of 33% of the illumination
levels normally required or permitted during business hours.
(c)
Illumination for signs, billboards, building
facades and/or surrounding landscapes for decorative, advertising
or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except
that such lighting situated on the premises for a commercial establishment
may remain illuminated while the establishment is actually open for
business, and until one hour after closing.
(d)
Vegetation screens shall not be employed to
serve as the primary means for controlling glare. Rather, glare control
shall be achieved primarily through the use of such means as cutoff
fixtures, shields and baffles, and appropriate application of fixture
mounting height, wattage, aiming angle and fixture placement.
(e)
The intensity of illumination projected from
any use onto a residential use shall not exceed 0.1 initial vertical
footcandle, measured line of sight from any point on the receiving
residential property.
(f)
Externally illuminated billboards and signs
shall be lighted by fixtures mounted at the top of the billboard or
sign and aimed downward. The fixtures shall be designed, fitted and
aimed to place the light output on and not beyond the sign or billboard.
(g)
Fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. For recreational lighting maximum mounting height requirements, refer to Chapter 320, Subdivision and Land Development, § 320-56, under "recreational uses."
(h)
Fixtures not aimed straight down, for such applications
as facade, fountain, feature and landscape illumination shall be aimed
so as not to project their output beyond the objects intended to be
illuminated, shall be extinguished between the hours of 11:00 p.m.
and dawn and shall not be in conflict with the Township's aim to maintain
its rural character.
(i)
Only the United States and the state flag shall
be permitted to be illuminated from dusk till dawn and each flagpole
shall be illuminated by a single source with a beam spread no greater
than necessary to illuminate the flag. Flag lighting sources shall
not exceed 10,000 lumens per flagpole.
(j)
Under-canopy lighting, for such applications
as a gas/service station, hotel/theater marquee, fast-food/bank/drugstore
drive-thru, 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. The average
illumination intensity in the area directly below the canopy shall
not exceed 20 maintained footcandles and the maximum intensity shall
not exceed 40 maintained footcandles.
(4)
Installation.
(a)
Electrical feeds for lighting standards shall
be run underground, not overhead.
(b)
Poles supporting lighting fixtures for the illumination
of parking areas and located directly behind parking spaces, or where
they could be hit by snow plows, shall be placed a minimum of five
feet outside paved area or tire stops, or placed on concrete pedestals
at least 30 inches high above the pavement, or suitably protected
by other Township-approved means.
(c)
Pole mounted fixtures for lighting horizontal
tasks shall be aimed straight down.
(5)
Maintenance. Lighting fixtures and ancillary equipment
shall be maintained so as to always meet the requirements of this
chapter.
E.
Plan submission. Lighting plans, when requested by the Township, shall be submitted for variance, building permit and special exception applications for review and approval, in accordance with the plan-submission information requirements specified in Chapter 320, Subdivision and Land Development, § 320-56, Lighting requirements and design standards.
F.
Compliance monitoring.
(1)
Safety hazards.
(a)
If the Township judges a lighting installation
creates a safety hazard, the person(s) responsible for the lighting
shall be notified and required to take remedial action.
(b)
If appropriate corrective action has not been
effected within 15 days of notification, the Township may take appropriate
legal action.
(2)
Nuisance glare and inadequate illumination levels.
(a)
When the Township judges an installation produces
unacceptable levels of nuisance glare, skyward light, excessive or
insufficient illumination levels or otherwise varies from this chapter,
the Township may cause notification of the person(s) responsible for
the lighting and require appropriate remedial action.
G.
Nonconforming lighting. Any lighting fixture or lighting
installation existing on the effective date of this chapter that does
not conform with the requirements of this chapter shall be considered
as a lawful nonconformance. A nonconforming lighting fixture or lighting
installation shall be made to conform with the requirements of this
chapter when:
A.
Utilities.
(1)
When practicable, all utilities shall be placed underground
in residential and commercial districts. Aboveground utilities shall
be permitted by special exception in the Industrial Districts (I-1,
I-2) and in the Town Center District (TC).
(2)
The setback, lot area and bulk regulations of this
chapter shall apply to any proposed building or extension, used or
to be used by a public utility corporation, unless upon petition of
the corporation, the Pennsylvania Public Utility Commission (PUC)
shall decide that the situation of the building in question is necessary
for the welfare of the general public.
B.
Sewerage.
(1)
All uses shall be served by a sewage system consistent with the policies and recommendations of the North Coventry Act 537 Wastewater Facilities Plan and the requirements of Chapter 320, Subdivision and Land Development, as amended. Proposed sewage systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection and the Chester County Department of Health, as applicable.
(2)
Underground sewage pumping stations of the North Coventry Municipal Authority shall not be subject to minimum setback requirements, minimum lot size requirements, minimum lot width requirements, or any other area or bulk requirements of this chapter, nor any other provisions of Article XI or XII, except that each underground sewage pumping station shall have provisions for a pull-off area to accommodate off-street parking of a maintenance vehicle.
C.
Water supply.
(1)
Where available, proposed uses shall connect with the public water service in accordance with Chapter 150, Construction Codes, Uniform, of the North Coventry Code.
(2)
North Coventry Water Authority is the lessee/operator
of the public water system owned by North Coventry Township, which
is the lessor.
(3)
Underground pumping on pressure adjusting stations of the North Coventry Water Authority shall not be subject to the minimum lot size requirements, minimum lot width requirements, or any other area or bulk requirements of this chapter, nor any other provisions of Article XI or XII, except that each underground facility shall have provisions for a pull-off area to accommodate off-street parking of a maintenance vehicle.
D.
Stormwater management and erosion control. All uses must meet the regulations of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management, and applicable portions of this and other local ordinances as well as federal, state, and county requirements to control stormwater runoff and reduce sedimentation and erosion problems.
[Amended 1-27-2014]
[Added 4-7-2014]
A.
Except as provided under Article IV of the Pennsylvania Municipal Planning Code, no building, structure, or improvement shall be located within the right-of-way of any street, greenway, or other feature designated as a "Potential Future Reservation" on the North Coventry Township Official Map.[1]
[1]
Editor's Note: The Official Map is on file in the Township
offices.
B.
Unless the reservation for future taking or acquisition of any street or public easement on the Official Map has lapsed in accordance with the provisions under Article IV of the Pennsylvania Municipal Planning Code, the minimum required setback from a street line shall include the street line of any street designated as a "Potential Future Reservation" on the North Coventry Township Official Map.
[Amended 12-12-2005; 3-12-2007]
Permanent open space, including common open space, portions of lots subject to deed restrictions or conservation easements, and private open space or recreation facilities, including land for active or passive recreation, designed to satisfy the requirements of this chapter or Chapter 320, Subdivision and Land Development, shall meet the use and design standards as outlined below. Such open space shall also be consistent with the applicable requirements of § 320-53, Community facilities, park land and open space, and § 320-59, Open space/protected lands review standards, of Chapter 320, Subdivision and Land Development.
A.
Open space requirements.
(1)
Uses permitted in open space. The following uses shall
be permitted within the protected open space lands:
(a)
Conservation of open land in its natural state
(e.g., woodland, fallow field, or managed meadow).
(b)
If permitted within the applicable zoning district,
nonintensive agricultural and horticultural uses, including raising
crops or livestock, wholesale nurseries, and associated buildings.
Related agricultural residences may be located on the same lot as
the agricultural uses, but the footprint of the residential building
shall not be counted towards the minimum required open space. Agricultural
uses specifically excluded are intensive agricultural uses and commercial
livestock operations involving swine, poultry, mink, and other animals
likely to produce highly offensive odors.
(c)
Pasture land for horses used solely for recreational purposes. Equestrian related structures (stables, indoor riding rings, run-in sheds, etc.) shall be permitted, but the impervious coverage created by such structures shall not exceed 2% of the required open space or increase the total impervious surface of the subdivision beyond the maximum permitted in § 370-114 for each design option.
(d)
Forestry, if conducted in compliance with the woodland protection and tree harvesting standards of § 370-29B(7) of this chapter. Clearcutting shall not be permitted in the open space.
(e)
Neighborhood open space uses such as village
greens, commons, picnic areas, community gardens, trails, and similar
low-impact passive recreational uses specifically excluding motorized
off-road vehicles, rifle ranges, and other uses similar in character
and potential impact as determined by the Board of Supervisors.
(f)
Active noncommercial recreation areas, such
as playing fields, playgrounds, courts, and bikeways, provided such
areas do not consume more than 50% of the minimum required open space
or five acres, whichever is less.
[1]
Playing fields, playgrounds, and courts shall
not be located within 150 feet of abutting residential properties.
[2]
Parking facilities for playing fields, playgrounds, and courts shall also be permitted, and they shall be gravel-surfaced or other pervious material, unlighted, properly drained, provide safe ingress and egress, and the number of parking spaces shall be consistent with the parking requirements of § 370-87 of this chapter. Any parking spaces above 10 shall not be counted towards the minimum required open space.
(g)
If permitted within the applicable zoning district, golf courses may comprise up to 50% of the minimum required open space, but shall not include driving ranges or miniature golf. Associated parking areas and structures shall not be included within the minimum open space requirement. The number of parking spaces provided shall be consistent with the parking requirements of § 370-87 of this chapter.
(h)
Water supply systems, sewage disposal systems (including individual off-lot systems) and stormwater retention areas designed, landscaped, and available as an integral feature of the open space area and capable of being used or enjoyed (e.g., a scenic feature, open meadow) by the residents of the development or Township, where applicable. Such features must specifically be approved by the Board of Supervisors as provided for in § 320-59B(1) of Chapter 320, Subdivision and Land Development.
(i)
Easements for drainage, access, sewer or water
lines, or other public uses.
(j)
Underground utility rights-of-way. (Above ground
utility and rights-of-way may traverse open space and conservation
areas, but shall not count towards the minimum required open space.)
(2)
Open space design standards. The location and configuration of proposed open space shall be based upon the guidelines and review standards outlined in §§ 320-58 and 320-59 of Chapter 320, Subdivision and Land Development. In addition, the open space shall meet the following design standards:
(a)
Open space shall be laid out in general accordance with the Primary Conservation Areas and Secondary Conservation Areas, as defined in Chapter 320, Subdivision and Land Development, to ensure that an interconnected network of open space will be provided. To the maximum extent possible, all Primary Conservation Areas shall be included in the open space as indicated in the Comprehensive Plan Map of Potential Conservation Areas.
(b)
Open space shall generally remain undivided and may be owned and maintained by the Township, homeowners' association, land trust, other conservation organization recognized by the Township, or by a private individual (typically as part of a conservancy lot) as outlined in § 370-81B(2).
[1]
The above listed ownership options may be combined
so that different entities may own different sections of the open
space.
[2]
Except where the primary purpose of the open
space is the preservation of agricultural uses or conservation purposes,
no less than 30% of the land comprising the adjusted tract area in
the RR and RC districts and 50% of the land comprising the adjusted
tract area in the R-1 District shall be available for the common use
and passive enjoyment of the subdivision residents or Township residents,
if applicable.
(c)
Buffers for adjacent public parkland.
[1]
Where the proposed development adjoins public
parkland, a natural buffer of at least 150 feet in depth shall be
provided within the development along its common boundary with the
parkland, within which no new structures shall be constructed, nor
shall any clearing of trees or understory growth be permitted, except
as may be necessary for street or trail construction.
[2]
Where the required buffer is unwooded, the Board
of Supervisors may require vegetative screening to be planted, or
that it be managed to encourage natural forest succession through
"no mow" policies and the periodic removal of invasive plant species.[1]
[3]
Proposed maintenance of the parkland buffer shall be included in the required Open Space Management Plan in § 370-81B(3).
(3)
Other open space requirements.
(b)
Pedestrian and maintenance access, excluding
those lands used for agricultural or horticultural purposes, shall
be provided for open space land in accordance with the following requirements:
[1]
Each neighborhood shall provide one centrally
located access point per 15 lots. Such access points shall be a minimum
of 35 feet in width.
[2]
Access to open space land used for agriculture
may be appropriately designated for public safety and to prevent interference
with agricultural activities.
B.
Ownership and maintenance of open space and common
facilities.
(1)
Permanent protection of open space.
(a)
Designated open space shall be permanently restricted
from future subdivision and land development. Except as otherwise
specified in this article, development shall not be permitted in the
open space at any time.
(b)
Where disturbance of open space is proposed,
the determination of necessity for such disturbance shall lie with
the Board of Supervisors.
[1]
Disturbance shall be kept to the minimum necessary.
(For example, clearing of woodland habitat shall generally be prohibited,
except as necessary to create trails, passive recreation facilities,
or to install septic disposal systems or spray or drip irrigation
facilities.)
(2)
Ownership options for open space and common facilities.
Although the Township requires the offer of dedication in fee simple
of park and recreational areas and facilities, open space, and land
used for trails, the Board of Supervisors, at its discretion, may
require and approve the following forms of ownership. Such forms of
ownership may be used individually or in combination when approved
by the Board of Supervisors.
(a)
Fee simple dedication to the Township. The Township
may, but shall not be required to, accept dedication in the form of
fee simple ownership of designated open space land. Where the Township
accepts dedication of designated open space land that contains improvements,
the Board of Supervisors may require the posting of financial security
to ensure structural integrity of said improvements as well as the
functioning of said improvements for a term not to exceed 18 months
from the date of acceptance of dedication. The amount of financial
security shall not exceed the actual cost of installation of said
improvements plus 15%.
(b)
Homeowners' association. The designated open
space land and associated facilities may be held in common ownership
by a homeowners' association. The association shall be formed and
operated under the following provisions:
[1]
The developer shall provide the Township with
a description of the association, proof of incorporation of the association,
a copy of its bylaws, and satisfactory proof of adoption thereof,
a copy of the declaration of covenants, easements or restrictions
or similar document(s) regulating the use of the property and setting
forth methods for maintaining the open space.
[2]
The association shall be organized by the developer
and operated with financial subsidization from the developer before
the sale of any lots within the development.
[3]
Membership in the association shall be mandatory
for all purchasers of homes therein and their successors. The conditions
and timing of transferring control of the association from developer
to the homeowners shall be identified.
[4]
The association shall be responsible for maintenance
and insurance on open space owned by the association, enforceable
by liens placed by the homeowners' association. Maintenance obligations
also may be enforced by the Township, which may place liens to recover
its costs. Any governmental body with jurisdiction in the area where
the development is located may place liens on the owners of the open
space to collect unpaid taxes.
[5]
The members of the association shall share equitably
the costs of maintaining open space owned by the association. Shares
shall be defined within the association bylaws or declaration. Association
dues shall be structured to provide for both annual operating costs
and to cover projected long-range costs relating to the repair of
any capital facilities (which shall be deposited in a sinking fund
reserved for just such purposes).
[6]
In the event of a proposed transfer, within
the methods here permitted, of open space by the homeowners' association,
or of the assumption of maintenance of such land by the Township,
notice of such action shall be given to all members of the association.
[7]
The association shall have or hire adequate
staff to administer common facilities and to properly and continually
maintain the open space.
[8]
The homeowners' association may lease open space
lands to any other qualified person, or corporation, for operation
and maintenance of such lands, but such a lease agreement shall provide:
[a]
That the residents of the development
shall at all times have access to the open space lands contained therein
(except that access to land that is actively farmed shall be limited
to times of the year when the fields are fallow);
[b]
That the open space lands to be
leased shall be maintained for the purposes set forth in this chapter;
and
[c]
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, at the election of the developer
and/or homeowners' association, as the case may be.
[9]
The lease referred to in Subsection B(2)(b)[8] above shall be subject to the approval of the Board of Supervisors, and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.
[10]
Homeowners' association documentation
approved by the Township demonstrating compliance with the provisions
herein shall be recorded with the final subdivision and land development
plans, and proof of recording thereof shall be provided to the Township
prior to the issuance of any building permits for the property. At
the time of preliminary plan submission, the applicant shall provide
draft homeowners' association documentation with sufficient detail
to demonstrate feasible compliance with this section.
(c)
Condominium ownership. The designated open space land and associated facilities may be held in common by the unit owners as a condominium, the documents for which shall be approved by the Board of Supervisors. Such condominium documents shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as amended. All common open space land shall be "common elements" or "limited common elements." To the degree applicable, condominium documents shall comply with the provisions of Subsection B(2)(b) above. Condominium documents shall be recorded with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium documents with sufficient detail to demonstrate feasible compliance with this section.
(d)
Dedication of easements to the Township. The
Township may, but shall not be required to, accept easements for public
use of any portion or portions of designated open space land. In such
cases, title to the land which remains in common ownership by condominium
unit owners, homeowners' association, or private conservation organization
are held by the Township.
(e)
Private conservation organization or the county.
With the permission of the Township, an owner may transfer either
fee-simple title of the open space or easements on the open space
to a private, nonprofit organization recognized by the Township, among
whose purposes it is to conserve open space and/or natural resources,
or the county, provided that:
[1]
The organization is acceptable to Board of Supervisors,
and is a bona fide conservation organization with perpetual existence;
[2]
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;
[3]
The open space is permanently restricted from
future development through a conservation easement and the Township
is given the ability to enforce these restrictions; and
[4]
A maintenance agreement acceptable to the Board
of Supervisors is entered into by the developer and the organization.
(f)
Noncommon private ownership of designated open
space.
[1]
Designated open space may be retained in ownership
by the applicant or may be transferred to other private parties subject
to compliance with all standards and criteria for designated open
space herein. Such open space shall be permanently restricted from
future development through a conservation easement, and the Township
shall have the ability to enforce these restrictions.
[2]
All or portions of the designated open space
may be included within an individual lot where deemed appropriate
by the Board of Supervisors (for example, in the case of a working
farm). The Board of Supervisors may require that responsibility for
maintenance of the privately owned designated open space be conferred
upon the owner(s) of said open space.
(3)
Maintenance of open space and common facilities. Unless
otherwise agreed to by the Board of Supervisors, the cost and responsibility
of maintaining common facilities and open space shall be borne by
the property owner, condominium association, homeowners' association,
or conservation organization as outlined below.
(a)
Required open space management plan. The applicant
shall provide a plan for the long term management of the designated
open space which is to be created as part of the development, including
maintenance and management of any wastewater disposal, water supply,
stormwater management or any other common facilities which may be
located within areas of designated open space.
[1]
Open space management plan information. Such
a plan shall include a narrative discussion of the following items:
[a]
The manner in which the designated
open space and any facilities included therein will be owned and by
whom it will be managed and maintained;
[b]
The conservation, land management
and agricultural techniques and practices which will be used to conserve
and perpetually protect the designated open space, including conservation
plan(s) approved by the Chester County Conservation District where
applicable;
[c]
The professional and personnel
resources that will be necessary in order to maintain and manage the
property;
[d]
The nature of public or private
access that is planned for the designated open space; and
[e]
The source of money that will be
available for such management, preservation and maintenance on a perpetual
basis.
[2]
At the time of preliminary plan submission,
the applicant shall provide a draft open space management plan with
sufficient detail to demonstrate feasible compliance with the provisions
required under this section.
[3]
The management plan shall be recorded with the
final subdivision and land development plans in the office of the
Recorder of Deeds of Chester County.
[4]
The Board may require as a condition of subdivision
and/or land development approval that appropriate management contracts
be established as evidence of the ability to adhere to the provisions
of the approved management plan.
[5]
In order to allow for the changing needs inherent
in the perpetual management of land, the management plan shall contain
a provision to the effect that it may be changed by written application
to the Board of Supervisors. Approval of such application by the Board
shall not be unreasonably withheld or delayed, so long as:
[a]
The proposed change is feasible,
is consistent with the purposes of preservation of open space set
forth in this section and with the approved subdivision and land development
plans; and
[b]
The plan for such change avoids
a likelihood of the obligation for management and maintenance of the
land falling upon the Township without the consent of the Board of
Supervisors.
(b)
Provisions for maintenance of designated open
space.
[1]
In the event that a homeowners' association,
condominium, any successor organization, or any owner of the open
space shall, at any time after establishment of a development containing
open space land, fail to maintain such land in reasonable order and
condition in accordance with the development plan, the open space
management plan and/or association or condominium documents as applicable,
the Township may serve written notice upon the owner of record, setting
forth the manner in which the owner of record has failed to maintain
the open space land in reasonable order and condition.
[2]
Failure on the part of a homeowners' or condominium
association to adequately maintain the open space land in reasonable
order and condition shall constitute a violation of this chapter.
The Township is hereby authorized to give notice, by personal service
or by United States mail, to the owner or occupant, as the case may
be, of any violation, directing the owner to remedy the same within
20 days.
[3]
Upon default by any owner, homeowners' association,
conservation organization, or other entity responsible for maintenance
of designated open space and/or associated facilities, where such
maintenance is required under the terms of the open space management
plan, homeowners' association or condominium documents, any subdivision
and/or land development plan for the property, the zoning approval
for the property, or under any applicable requirements of any Township
ordinances, permits or approvals, or where such maintenance is otherwise
necessary to abate a nuisance, emergency, hazard or other condition
threatening persons or property or the public health, safety or welfare,
the Township may, but shall not be obligated, to take the following
actions:
[a]
Upon 30 days advance written notice
to the person, association or entity responsible for such maintenance
(or any such lesser period as may be specified in the notice in instances
of emergency) and the failure of the responsible individual, entity
or association within such thirty-day period (or such lesser period
in the event of an emergency) to perform the necessary maintenance
and otherwise remedy the condition set forth in the Township's notice,
to enter upon the open space, accessing the same through any other
lands of such entity, association or individual as may be necessary,
to perform such maintenance and take any other action necessary to
correct the condition provided in the Township's notice.
[b]
Any and all costs incurred by the
Township in connection with such notice and maintenance shall be paid
by the responsible individual, entity or association within 10 days
after written demand by the Township. Upon failure of the responsible
entity, association or individual to pay such costs by the time required,
there shall be added thereto interest at the rate of 15% per annum
as well as all costs incurred by the Township in collection thereof.
[i]
All such costs of maintenance,
remediation, notices, and collection, including court costs and attorney's
fees, shall constitute a municipal lien and be enforceable as such
against the responsible entity, individual or association.
[ii]
Such lien shall extend to all
property of such individual, entity or association within the development
containing the affected open space.
[iii]
In the case of an association,
such lien shall apply, pro rata, against all lot owners who are members
of the association, in addition to applying to the affected open space.
(4)
Open space performance bond and approved financial
arrangements for perpetual maintenance.
(a)
Where intended as common or public amenities, all landscape improvements, plantings, accessways and recreational facilities within designated open space areas shall be provided by the developer. A performance bond or other security acceptable to the Township shall be required to cover costs of installation of such improvements in the open space area. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements by Chapter 320, Subdivision and Land Development.
(b)
Additionally, adequate financial security for
the perpetual maintenance of the open space and landscaping shall
be provided, as approved by the Board of Supervisors, to assure perpetual
maintenance of the landscaping improvements, plantings, accessways,
the open space, recreational facilities, and any other common facilities
in the open space, including but not limited to utility and/or stormwater
facilities, easements, trails, roads and sidewalks or other common
amenities.
C.
Discretionary density bonus. Additional density may
be allowed by the Board of Supervisors if the following public benefits
are achieved:
(1)
Endowment for open space maintenance.
(a)
When open space land is to be donated to a land
trust or to the Township, the Board of Supervisors may allow up to
a ten-percent density bonus where the applicant endows a permanent
fund to offset the continuing costs of maintaining the open space
land not maintained privately, including costs associated with active
or passive recreation facilities. Such costs may include, but are
not limited to, physical maintenance of the property, insurance premiums,
and property taxes.
(b)
Calculation of endowment. Because the bonus
dwellings allowed under the option may reasonably be considered to
be net profit, 75% of the net selling price of the endowment lots
shall be donated by the applicant to the Open Space Maintenance Endowment
Fund for the open space within the subdivision.
[1]
Assuming an annual average interest rate of
5%, the amount designated for the endowment fund shall be at least
20 times the estimated annual maintenance costs.
[a]
Such estimate shall be prepared
by an agency, firm, or organization acceptable to the Board of Supervisors
and with experience in managing conservation land and recreational
facilities.
[b]
When estimating the projected maintenance
costs, land not accessible to the public or by subdivision residents
for their common enjoyment need not be included. Such excluded lands
would include those designated for agricultural, horticultural, silvicultural,
or equestrian uses and which may be leased or sold to another party
for those express purposes. In such cases, the density bonus shall
be adjusted to reflect only the acreage that is accessible to subdivision
residents or the public.
[2]
Spending from the endowment fund shall be designated
to expenditure of interest so that the principal may be preserved.
[3]
The endowment fund shall be transferred by the
developer to the designated entity with ownership and maintenance
responsibilities at the time the entity is created.
To minimize traffic congestion and hazard, control
street access and encourage orderly development of street highway
frontage, the following regulations shall apply:
A.
Lots abutting two or more streets. Unless clearly
impractical or inappropriate, lots which abut two or more public streets
shall have direct access only to the street of lesser functional classification.
B.
Vehicular ingress and egress to major highways.
(1)
Where lots are created having frontage on an expressway
ramp, arterial, collector street, as classified by the Township Comprehensive
Plan, any proposed development street pattern shall provide reverse
(double) frontage to local streets within the subdivision unless clearly
impractical due to lot configuration or topography. Where residential
developments propose streets with reverse frontage lots, the following
buffer requirements shall be met along the rear yard lot line:
(2)
Where any commercial district abuts an arterial or collector road, it is the intent of this chapter to encourage the installation of a parallel service street, or the combination of off-street parking facilities for two or more lots. Points of access to such major highway shall be spaced and designed in accordance with the street intersection and driveway standards of Chapter 320, Subdivision and Land Development.
(3)
Where any multifamily dwelling, mobile home park,
shopping center, or any use permitted in the Industrial Districts
(I-1 and I-2) and the Town Center (TC) has vehicular access to and
from an arterial or collector street, all vehicular entrances and
exits shall be provided with deceleration and acceleration lanes as
recommended or required by the Township Engineer and the Pennsylvania
Department of Transportation. In no event shall vehicles be permitted
to back directly into the public street from the off-street parking
area.
C.
Location of ingress and egress. Off-street parking
for all uses shall be designed and arranged so that:
(1)
The edge of any driveway access onto a street shall
be at least 40 feet from any street intersection, and in no case,
within the curb radius, except for a cul-de-sac turnaround.
(2)
Each use with less than 100 feet of street frontage
shall not have more than one accessway to such street, and no use
with 100 feet or more of street frontage shall have more than two
accessways to any one street for each 400 feet of street frontage.
A common access point for two or more uses is encouraged, where practical,
to minimize vehicular access points along streets other than local
streets.
(3)
Provision shall be made for safe and efficient ingress and egress to and from public streets without undue congestion or interference with normal traffic flow within the Township. Where applicable, the developer shall be responsible for preparing a transportation impact study in accordance with § 320-21 of Chapter 320, Subdivision and Land Development, which documents any necessary traffic control device and/or highway modifications required by Township and/or the Pennsylvania Department of Transportation (PennDOT).
D.
Obstructions to vision.
(1)
On any lot, no wall, fence, hedge, tree, shrub or
other obstruction shall be allowed which dangerously obscures the
view of approaching traffic along the street or at intersections.
(2)
On a corner lot, nothing shall be erected, placed
or allowed to grow which dangerously obscures the view within a clear
sight triangle defined by the following:
(a)
Above the height of 2 1/2 feet and below
the height of 12 feet measured from the center line grades of the
intersecting streets.
(b)
Within the area bounded by the center line of
intersecting streets and a line joining points on these center lines
75 feet from an intersection of the center lines of such streets.
Interior accessways, driveways, aisles, and parking areas shall comply with the following requirements. Streets to be publicly dedicated or maintained shall comply with the design standards of Chapter 320, Subdivision and Land Development.
A.
Design of access aisles and drives.
(1)
Interior drives shall be designed to prevent blockage
of vehicles entering or leaving the site. Drives may be one-way or
two-way. Areas designed for loading and unloading, refuse collection,
fuel delivery, and other service vehicles shall be arranged as to
prevent blocking or interfering with accessways or the use of automobile
parking facilities or pedestrian ways, and shall have adequate turnaround
surface so egress to the street is in a forward direction.
(2)
Accessways, parking areas, and loading areas shall
have clearly defined parking bays and traffic circulation lanes designated
by markings, curbs, barriers and/or landscaped islands, so that operators
of vehicles intending to patronize such parking areas shall not impede
traffic as a result of any confusion as to location of entrances and
exits and manner of reaching them.
(a)
To assist in traffic channelization, raised islands shall be placed at the ends of parking bays so that the end of the bay adjacent to a driving aisle or ring road is clearly delineated. Such islands shall be landscaped in accordance with § 370-80, but shall be designed so as not to impair visibility needed for traffic flow and turning movements.
(b)
Traffic channelizations shall be planned in
such a way that a main driving aisle, from which vehicles can flow
off the street and into the site and parking bays, is remote from
the primary building(s) so as to avoid traffic conflicts in front
of the primary building(s).
(c)
Parking areas shall be designed so that a vehicle
within a parking area shall not have to enter a public street to move
from one location to any other location within the parking area or
lot. Turnaround surface shall be provided so egress to the street
is in a forward direction.
(3)
All interior drives and accessways shall be paved
with an approved paved, all-weather surface, and shall be graded,
properly drained and maintained in a good condition. Interior drives
shall have a maximum grade of 8%, measured along the center line,
for a distance of not less than 25 feet from the street right-of-way
line. Beyond that point, interior roads and drives shall have a maximum
grade of 10%.
(4)
Minimum interior drive cartway widths (with no abutting
parking):
|
Use
|
One Lane One-Way Drives
(feet)
|
Two Lane Two-Way Drives
(feet)
| |
|---|---|---|---|
|
Residential
|
10
|
18
| |
|
Commercial/office
|
11
|
22
| |
|
Industrial
|
12
|
25
|
B.
Shared driveways. Common or shared access driveways
to parking and loading areas is permitted and encouraged provided
landowners shall submit a site plan and agreement indicating the extent
of joint use and maintenance responsibility.
C.
Emergency vehicle access.
(1)
Criteria for driveways and access roads to structures.
A proposed driveway or access road shall be designed to allow emergency
vehicle access to within 100 feet of a principal structure. Where
a principal structure is located more than 100 feet from the cartway
or where an emergency vehicle would otherwise be prevented from reaching
this minimum distance from the structure, the following requirements
shall be met by the driveway to ensure access:
(2)
Criteria for driveways and access roads to water sources. In order to provide adequate access to designated fire-fighting water supplies, such as a river, pond, lake, or hydrant, proposed driveways or access drives to such water sources shall meet the minimum criteria of Subsection C(1) above to at least within 20 feet of the designated water source.
D.
Pedestrian circulation. The following standards shall
apply to all uses, including residential uses, as applicable:
(1)
The developer shall preserve existing trails, install
trails and pathways or other pedestrian facilities as necessary and
desirable to achieve the following:
(a)
Logically continue, link or expand existing
pedestrian facilities on, across, and abutting the site.
(b)
Provide pedestrian access to existing or anticipated
public bus or train transportation pickup points, public parks, community
facilities and commercial areas.
(c)
Implement the Pedestrian Circulation Plan identified
on Map 14 of the North Coventry Township Comprehensive Plan of 1989,
as amended.
(d)
Provide convenient and logical walkway connections between the entrances of a principal building and its required parking spaces, preferably in conjunction with landscaped planting islands required by § 370-80. A walkway shall be a minimum of six feet wide where it abuts the width of parking spaces where the vehicle may overhang the walkway. Alternatively, wheelstops shall be installed to prevent excessive vehicle overhang.
(2)
Maximum separation of pedestrian and vehicular routes
shall be encouraged for safety and well-being of pedestrians. Separation
can be in the form of any one or combination of the following: horizontal
distance; vertical distance (level changes such as overpass, underpasses,
and embankments); street trees, landscaping, sidewalks, and other
barriers such as bollards and fences.
A.
Applicability. The following information shall be
submitted with the application for a conditional use or special exception.
This information shall be provided for all uses proposed in the I-2
Industrial Park District, whether permitted by right, special exception,
or conditional use.
B.
Plan submission. A plan describing the proposed special
exception or conditional use shall be submitted to the Zoning Hearing
Board or Board of Supervisors for their review and approval, and shall
satisfy the following requirements. Information obviously not applicable
to the proposed use shall not be required.
(1)
The plan submission shall contain a site plan at a
scale of one inch equals 100 feet or one inch equals 50 feet showing:
(a)
Topography of the site depicted by contours
at not greater than five-foot intervals.
(b)
The location of the lot relative to the surrounding
lots and buildings, including the names of property owners.
(c)
The location, dimensions, and arrangement of
all access points, off-street parking facilities, loading and unloading
stations, pedestrian ways, sidewalks, and streets.
(d)
The location, uses planned, dimensions, gross
floor area, building coverage, and height of each building or other
structure.
(e)
The location, dimensions and arrangement of
proposed signs, landscaping, screening, and buffering, and recreation
areas.
(f)
The location, dimensions and arrangement of
sanitary and stormwater sewage, water supply, storage areas, solid
waste disposal facilities, parking lot lighting, and all other utilities.
(g)
Other information as deemed necessary by the
Board of Supervisors or Zoning Hearing Board.
(2)
The proposal shall demonstrate conformance to the
policies of Township plans and ordinances and compatibility with adjacent
land uses by indicating that:
(a)
The plan shall be consistent with the Township
Comprehensive Plan for the orderly development of the Township and
with the purpose of this chapter to promote the health, safety, and
general welfare of the Township.
(b)
The use and value of property adjacent to the
proposed development will not be adversely affected. Every reasonable
attempt shall be made to make the use compatible with the adjacent
properties and surrounding neighborhood in terms of parking, lighting,
landscaping, and other design features.
(c)
The capacity of existing streets and thoroughfares is adequate to absorb the additional burden created by the development. Where the proposal includes 25 or more dwelling units or the site is 10 acres or more of gross tract area for commercial, office or industrial use, a transportation impact study consistent with the requirements of § 320-21B(1) of Chapter 320, Subdivision and Land Development, shall be submitted.
[Amended 2-26-2007]
(d)
The development shall consist of a harmonious
grouping of buildings or other structures, adequate service, parking
and open spaces.
(e)
The development shall comply with all provisions
of this chapter and all other Township ordinances and codes.
(f)
All buildings shall have safe and adequate sewerage and water facilities. Where the proposal includes 25 or more dwelling units or the site is 10 acres or more of gross tract area for commercial, office or industrial use, a community facilities impact study consistent with the requirements of § 320-21B(2) of Chapter 320, Subdivision and Land Development, shall be submitted.
[Amended 2-26-2007]
(g)
If the development is to be carried out in progressive
stages, each stage shall be so planned that the foregoing conditions
and intent of this chapter shall be fully complied with at the completion
of any stage.
