A.
Frontage required onto improved street. Each proposed
new lot, each land development and each proposed principal building
shall be on a lot which directly abuts a public street, a street proposed
to be dedicated to the Township by the subdivision plan which created
or creates such lot, or a private street which meets all of the requirements
of the Township Subdivision and Land Development Ordinance.[1] In the case of townhouses, manufactured/mobile home park
or apartments, each unit may have access onto a parking court which
then has access onto a public or private street meeting Township standards.
B.
Number of principal uses and principal buildings per
lot.
(1)
A lot in a commercial or industrial district may include
more than one permitted principal use per lot and/or more than one
permitted principal building per lot, provided that all of the requirements
are met for each use and each building. If differing dimensional requirements
apply for different uses on the lot, then the most restrictive requirement
shall apply.
(a)
For example, if Use One requires a one-acre
lot area and Use Two on the same lot requires a two-acre lot area,
then the lot shall have a minimum lot area of two acres.
(b)
The applicant shall submit a site plan that
demonstrates that each structure would meet the requirements of this
chapter.
(c)
The uses and buildings shall be in common ownership.
However, a condominium form of ownership of individual buildings,
with a legally binding property owners' association, may be established
if the applicant proves to the satisfaction of the Zoning Officer,
based upon review by the Township Solicitor, that there will be appropriate
legal mechanisms in place.
(2)
A lot within a residential district shall not include
more than one principal use and shall not include more than one principal
building unless specifically permitted by this chapter.
(a)
A manufactured/mobile home park, condominium
residential development or apartment development may include more
than one principal building per lot, provided all other requirements
of this chapter are met. A condominium form of ownership of individual
dwelling units, with a legally binding homeowners' association, may
be established if the applicant proves to the satisfaction of the
Zoning Officer, based upon review by the Township Solicitor, that
there will be appropriate legal mechanisms in place and compliance
with applicable state law.
(b)
A lot may include two single-family detached dwellings if the requirements are met so a subdivision could occur in the future so that each single-family detached dwelling could be on its own conforming lot. For example, each dwelling unit shall be able to meet minimum lot area, yards and lot width if the dwelling would be subdivided onto its own lot. See also provisions for the A District in § 285-35.
C.
Minimum size of dwellings. Each dwelling unit shall
include a minimum of 600 square feet of enclosed habitable, indoor,
heated floor area, which shall be primarily above the ground level.
D.
Maximum occupancy. No recreational vehicle shall be
occupied on a lot for more than 30 days in a calendar year, except
as may be approved within a campground with suitable central water
and sewage service. No mobile/manufactured home shall be occupied
on a lot as a dwelling unless it meets all of the requirements for
a dwelling.
The maximum structure height specified for each district shall not apply to: antenna that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also the definition of "height" in § 285-20 and provisions in § 285-27B.
A.
In general.
(1)
No lot, structure or use shall be created or developed
in such a way that it would result in another lot, building or use
not being able to meet the requirements of this chapter. This includes,
but is not limited to, setback areas, non-impervious areas and off-street
parking areas.
(2)
Emergency access. All uses and structures shall have
adequate provisions for access by emergency vehicles and fire ladders.
Such access shall be maintained in a passable condition by the owner
of the lot or, where applicable, by the property owners' association.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. For a corner lot, each yard that abuts a public street shall be considered a front yard and meet the requirements for minimum depth of a front yard. See definition of "lot, corner" in § 285-20.
(2)
Projections into required yards.
(a)
Cornices, eaves, roof overhangs, sills or other
similar architectural features, exterior stairways, unenclosed fire
escapes or other required means of egress, rain leads, chimneys, Bilko-type
doors for basement access, window awnings, chaise for heating pipes,
or other similar structures that do not include space usable by persons,
may extend or project into a required yard not more than three feet,
except as may be required within a drainage or utility easement.
(b)
Steps, stoops, fire escapes, handicapped ramps,
and landings necessary to provide entrance to a building may be located
within a required setback area.
(3)
Lot widths around curves. Around the bulb of a cul-de-sac
street or on the outside of the curve of a street with a radius of
less than 150 feet, the minimum lot width at the minimum building
setback line may be reduced to 60% of the width that would otherwise
be required.
(4)
Front setback or buildings on built-up streets. Where
at least two adjacent buildings within 100 feet of a property are
set back a lesser distance than required, the average of the lesser
distances becomes the required minimum front setback for the property.
[Added 12-10-2007 by Ord. No. 202]
C.
Sight clearance.
(2)
The following minimum sight clearance triangle shall
apply for driveways onto a street:
(a)
Driveways shall be located and constructed so
that a clear sight triangle of 75 feet, as measured along the street
center line, and five feet along the driveway center line is maintained;
no permanent obstructions shall be placed within this area at a height
of between three and 10 feet above the ground level.
 |
D.
Buffer yards. Buffer yards and screening complying
with the following standards shall be required under the following
situations, unless a more restrictive provision is established by
another section of this chapter:
(1)
A minimum thirty-foot-wide buffer yard with plant screening shall be required along the rear and side lot lines of any lot used primarily for principal nonresidential purposes that is contiguous to a residentially zoned lot. A lot used primarily for principal nonresidential purposes that is contiguous to a lot occupied by an existing principal dwelling shall provide a plant screen in accordance with § 285-65D(6).
[Amended 12-10-2007 by Ord. No. 202]
(a)
If a principal business use will include areas
used for manufacturing or will have a loading dock that will be routinely
serviced by tractor-trailer trucks or refrigerated trucks, then the
minimum buffer yard width along such manufacturing area and/or loading
dock shall be increased to 70 feet, and the minimum initial height
of plantings shall be increased to eight feet.
(b)
If a lot will include more than 100,000 square
feet of business building floor area, then the minimum buffer yard
width shall be increased to 70 feet and the minimum initial height
of plantings shall be increased to eight feet.
(c)
If a dwelling will be on the same lot as a principal
business use, then a buffer yard shall not be required by this section.
(d)
A ten-foot minimum buffer yard with landscaped
screening shall be required where a subdivision or land development
of new dwellings will have rear yards abutting a public street or
expressway.
(e)
A buffer yard is required to be provided by
the following, if they are abutting and visible from a public street:
(2)
A required yard may overlap a required buffer yard,
provided the requirement for each is met. The buffer yard shall be
measured from the district boundary line, street right-of-way line
or lot line, whichever is applicable. Required plantings shall not
be placed within the right-of-way, except that the Township may allow
deciduous canopy trees.
(3)
The buffer yard shall be a landscaped area free of
structures, dumpsters, commercial or industrial storage, or display,
signs, manufacturing or processing activity, materials, loading and
unloading areas or vehicle parking or display.
(4)
Fence. Any fence in a buffer yard shall be placed
on the inside (nonresidential side) of any required plant screening.
If a fence in a buffer yard has one side that is more finished or
smoother than the other side, the more finished or smoother side shall
face the outside of the buffer yard.
(5)
A well or septic system may be placed within a buffer
yard, provided the landscaping and tree preservation provisions are
still met.
(6)
Each planting screen shall meet the following requirements:
(a)
Plant materials needed to form the visual screen
shall have a minimum height when planted of five feet. In addition,
an average of one deciduous shade tree, with a minimum trunk diameter
of two inches measured six inches above the finished ground level,
shall be placed for each 40 feet of length of the buffer yard. The
shade trees may be clustered or spaced unevenly.
(b)
Plants needed to form the visual screen shall
be of such species, spacing and size as can reasonably be expected
to produce within three years a mostly solid year-round visual screen
at least six feet in height.
(c)
The plant screen shall be placed so that at
maturity the plants will not obstruct a street or sidewalk.
(d)
The plant visual screen shall extend the full
length of the lot line, except for: 1) Township-approved points of
approximately perpendicular vehicle or pedestrian ingress and egress
to the lot; 2) locations necessary to comply with safe sight distance
requirements where the plantings cannot feasibly be moved further
back; and 3) locations needed to meet other specific state, Township
and utility requirements, such as stormwater swales.
(e)
American Arborvitae and similar weak-stem plants
shall not be used to meet the buffer yard requirements. A monotonous
straight row of the same species is discouraged. A more naturalistic
form of planting is encouraged with a mix of species. If more than
20 evergreen plants are proposed, no more than 50% shall be of one
species.
(f)
Evergreen trees should be planted at diagonal
offsets so that there is room for future growth of the trees.
(g)
The plant screening shall primarily use evergreen
trees.
(h)
If existing healthy trees with a trunk diameter
of six inches or greater (measured 4.5 feet above the ground level)
exist within the buffer yard, they shall be preserved. The Zoning
Officer may certify that preserving existing mature trees and shrubs
within the buffer yard will meet the same purposes as the new plant
screening. In such case, part or all of the new plant screening may
be waived in writing by the Zoning Officer.
(i)
The use of earth berms in combination with landscaping
is encouraged within buffer yards to provide additional protection
to dwellings and residential areas.
(j)
If a residential lot abuts a street along its
front lot line and another street along its rear lot line, then a
buffer yard with plant screening shall be required along the rear
lot line. This provision shall not apply for an alley.
A.
Any part of a commercial, industrial, institutional
or apartment lot which is not used for structures, loading areas,
parking spaces and aisles, sidewalks and designated storage areas
shall be provided with an all-season, well-maintained vegetative ground
cover and shall be landscaped with trees and shrubs. Landscaped areas
shall be kept free of debris, rubbish and noxious weeds.
C.
Street trees. As part of the creation of a new lot
or the construction of a new principal nonresidential building or
development of parking area for six or more parking spaces, deciduous
shade street trees shall be planted between such lot lines, building
and/or parking area and any adjacent public street(s). This requirement
shall not apply along street segments where existing healthy trees
will be preserved and protected during construction that will serve
the same purpose.
(1)
Number. A minimum average of one such tree shall be
planted for each 50 feet of length of street right-of-way around the
lot.
(2)
Location. Such trees shall be placed immediately outside
of the street right-of-way or an alternative location acceptable to
the Board of Supervisors.
(3)
Ordinance. Such street trees shall be planted in a
manner approved by the Township Engineer to avoid conflicts with sidewalks
and utilities.
(4)
Buffer. Where shade trees may be required under the
buffer yard provisions, the same tree may be used to count towards
both requirements.
D.
Parking lot landscaping.
(1)
A minimum of one deciduous tree shall be required
for every 15 new off-street parking spaces.
(2)
If a lot will include 30 or more new parking spaces,
landscaped islands shall be provided within automobile parking areas.
Otherwise, the trees may be planted around the parking area.
(3)
Deciduous trees required by this section shall meet
the following standards:
(a)
Type of trees permitted. Required trees shall
be chosen from the following list of approved street trees, unless
the applicant proves to the satisfaction of the Zoning Officer that
another type of tree would shade paved areas, be resistant to disease,
road salt and air pollution, and be attractive.
|
Types of Deciduous Trees Permitted to
Meet Ordinance Requirements
| |
|---|---|
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Acer rubrum - Red Maple
| |
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Acer saccharum - Sugar Maple
| |
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Celtis occidentalis - Common Hackberry
| |
|
Fagus sylvatica - European Beech
| |
|
Fraxinus americana - White Ash
| |
|
Fraxinus pennsylvania - Green Ash
| |
|
Ginko biloba fastigiata - Maiden Hair Tree (male
only; female has noxious odor)
| |
|
Gleditsia triacanthos - Thornless Locust
| |
|
Liquidambar styraciflua - Sweet Gum
| |
|
Liriodendron tulipifera - Tulip Poplar
| |
|
Quercus - All species of oaks
| |
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Sophora japonica - Scholar Tree/Pagoda Tree
| |
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Tilia americana - American Linden
| |
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Tilia cordata - Little Leaf Linden
| |
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Tilia euchlora - Crimean Linden
| |
|
Tilia petiolaris - Silver Linden
| |
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Ulmus hybrids - Homestead or Sapporo Autumn
Gold
| |
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Ulmus parviflora - Chinese or Lacebark Elm,
not including Siberian Elm
| |
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Zelkova serrata - Zelkova
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Note: This chapter only regulates the species
of trees that are used to meet requirements of the Township. The species
of trees that are not required by Township ordinances are not regulated.
|
(b)
Quality of trees. Required trees shall be of
symmetrical growth and free of insect pests and disease.
(c)
Minimum size. The trunk diameter (measured at
a height of six inches above the finished grade level) shall be a
minimum of two inches or greater.
E.
Parking lot landscaping. A minimum vegetative area
shall be provided that includes at least a three-foot minimum radius
around all sides of the trunk of each required deciduous tree within
or adjacent to a parking lot.
F.
Review and approval. Where landscaping is required
by this chapter, the applicant shall submit a landscaping plan, in
addition to a site plan, showing proposed initial sizes, locations
and species of plantings.
G.
Landscaping maintenance. All shade tree, buffer yard
and other landscaping required by this chapter shall be perpetually
maintained by the property owner. Any landscaping needed to meet an
ordinance requirement that dies, is removed or is severely damaged
shall be replaced by the current property owner, on a one-to-one basis,
as soon as is practical considering growing seasons, within a maximum
of 150 days.
A.
Proof and registration of nonconformities. It shall
be the responsibility of, with the burden of proof upon, a party asserting
a nonconformity to provide the evidence that it is lawful. A property
owner may request a written statement of nonconformity from the Zoning
Officer after providing sufficient evidence.
B.
Continuation of nonconformities.
(1)
A lawful nonconforming use, structure or lot as defined
by this chapter may be continued and may be sold and continued by
new owners.
(2)
Any expansion of, construction upon or change in use
of a nonconformity shall only occur in conformance with this section.
(3)
If an existing use was not lawfully established, it
shall not have any right to continue as a nonconforming use.
C.
Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under Subsection D.
(1)
Nonconforming structure (including a dimensionally
nonconforming structure).
(a)
The Zoning Officer shall permit a nonconforming
structure to be reconstructed or expanded, provided:
[1]
That such action will not increase the severity
or amount of the nonconformity (such as the area of the building extending
into the required yard) or create any new nonconformity; and
[2]
That any expanded area will comply with the
applicable setbacks in that district and other requirements of this
chapter.
(b)
In the case of a nonconforming structure which
is used by a nonconforming use, any expansion shall also meet the
requirements of this section regarding nonconforming uses.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot.
A single permitted-by-right principal use and its customary accessory
uses may be constructed, reconstructed or expanded on a nonconforming
lot, provided all of the following additional requirements are met:
[1]
The lot must be a lawful nonconforming lot of
record;
[2]
Minimum setback requirements shall be met;
[3]
State and federal wetland regulations shall
be met;
[4]
If a septic or well is used, the requirements
for such shall be met.
[5]
The lot must be held in single and separate
ownership from any other nonconforming lot.
(b)
Lot width. The fact that an existing lawful
lot of record does not meet the minimum lot width requirements of
this chapter shall not by itself cause such lot to be considered to
be a nonconforming lot.
(3)
Expansion of a nonconforming nonresidential use. A
nonconforming use or a building used by a nonconforming use shall
not be expanded except in accordance with the following provisions:
(a)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b)
Such reconstruction or expansion shall be only
upon the same lot that the nonconforming use was located upon at the
time the use became nonconforming.
(c)
The total building floor area used by a nonconforming
use or the total land area covered by the nonconforming use, whichever
is more restrictive, shall not be increased by greater than 50% beyond
what existed in the nonconforming use at the time the use first became
nonconforming.
[1]
The above maximum increase shall be measured
in aggregate over the entire life of the nonconformity. All expansions
of the nonconforming use and/or building(s) that occurred since the
use originally became nonconforming shall count towards the above
maximum increase.
(d)
Any expansion of a nonconforming use shall meet
the required setbacks and other requirements of this chapter, unless
the Zoning Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing
nonconforming residential use may be expanded as a permitted by right
use, provided that: a) the number of dwelling units or rooming house
units are not increased; b) the expansion meets all applicable setbacks;
c) no new types of nonconformities are created; and d) a nonconformity
is not made more severe. A lawfully nonconforming dwelling in a business
district may follow the dimensional requirements for the R-2 District
and may add customary accessory uses.
(5)
Nonconforming sign. The provisions of this chapter
shall not provide a right to expand or extend a nonconforming sign.
Instead, any expansions or extensions of a nonconforming sign shall
comply with this chapter.
D.
Damaged or destroyed nonconformities. A nonconforming
structure or nonconforming use that has been destroyed or damaged
may be rebuilt in a nonconforming fashion only if: 1) the application
for a building permit is submitted within 18 months after the date
of damage or destruction; 2) work begins in earnest within 12 months
afterwards and continues; and 3) no nonconformity may be newly created
or increased by any reconstruction. The property shall be properly
secured during such time in such a way to keep out trespassers and
to avoid harm to neighboring properties.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued,
razed, removed or abandoned for 12 or more months, subsequent use
of such building or land shall conform with the regulations of the
district in which it is located, except:
(2)
The applicant shall be responsible to provide clear
and convincing evidence that the nonconformity was not abandoned.
(3)
An existing lawful separate dwelling unit may be unrented
for any period of time without being considered abandoned under this
chapter.
F.
Changes from one nonconforming use to another:
(1)
Once changed to a conforming use, a structure or land
shall not revert to a nonconforming use. The approval to establish
a substituted use shall completely extinguish the right to the previous
nonconforming use.
(2)
A nonconforming use may be changed to a different
nonconforming use only if approved as a special exception by the Zoning
Hearing Board. However, special exception approval is not needed for
a simple change within an existing building from one lawful nonconforming
retail store use to another retail store use or from one lawful nonconforming
personal service use to another personal service use, provided that
the new use complies with any Zoning Hearing Board conditions that
applied to the previous use and is not more objectionable in external
effects than the previous use.
(3)
Where special exception approval is required for a
change of a nonconforming use, the Board shall determine whether the
applicant has provided sufficient proof to show that the proposed
new use will be equal or less objectionable in external effects than
the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck
traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare,
vibration, fire, hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close
to dwellings; and
(e)
Compatibility with the character of the surrounding
area.
(4)
A nonconforming use shall not be changed to a nonconforming
adult use.
G.
District changes. Any uses, structures or lots that
become nonconforming because of a zoning district change shall be
regulated under this section on nonconformities.
A.
Any newly placed solid waste dumpster shall be screened
on at least three of four sides, as necessary to screen views from
public streets and dwellings.
B.
Such screening shall consist of decorative masonry
walls, mostly solid weather-resistant wood fencing, fencing of a similar
appearance (such as solid vinyl post), or primarily evergreen plantings.
C.
Setback from dwellings. An outdoor solid waste container
(other than for paper or cardboard) with a capacity of over 30 cubic
feet shall be kept a minimum of 20 feet from the lot line of a dwelling
on an abutting lot.
D.
If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this § 285-68.
E.
This section shall not apply to dumpsters temporarily
placed during actual construction or demolition on the premises.
F.
If a building includes four or more dwelling units,
then the owner shall provide at least one solid waste dumpster with
a lid and have it regularly emptied.
A.
Where a front, side or rear yard would abut an existing
street, then such yard shall be measured from the following minimum
distances from the center line of the street right-of-way, unless
a wider distance would be within the street right-of-way:
B.
Applicants are strongly encouraged to dedicate additional
right-of-way as appropriate to PennDOT or the Township for future
street widenings and utility and stormwater improvements. If such
area is not accepted for current dedication, then the approved plan
should state that it is reserved for future dedication at such time
as PennDOT or the Township may determine that the area is needed.
A.
Number per lot. No more than two driveway connections
allowing left-hand turns onto a street per lot shall be permitted.
B.
Setbacks. Driveways shall not connect with a public
street within 40 feet of the right-of-way lines of any intersecting
streets, nor within five feet of a fire hydrant. Driveways shall be
set back at least two feet from any side lot line, unless a common
or joint driveway location is proposed;
C.
Slope. No part of a driveway shall have a slope greater
than 15%. A driveway shall not exceed a slope of 8% within 25 feet
of the street right-of-way lines.
D.
Street classification. Driveway access shall be provided
to the street of lesser classification when there is more than one
street classification involved.
E.
Driveways, unless otherwise regulated elsewhere in
this chapter, shall be a minimum of 12 feet in width and a maximum
of 20 feet in width, and the opening of such driveways shall not be
located less than 10 feet from the edge of each opening on the same
lot as measured outside the right-of-way.
[Amended 12-8-2008 by Ord. No. 209]
F.
PennDOT permit. Any driveway intersecting with a state-owned
road shall require the obtainment of a driveway permit from the Pennsylvania
Department of Transportation.
G.
Turnaround. Driveways which intersect an arterial
or collector street shall provide adequate turnaround area within
the lot so that vehicles do not back out onto the street.
H.
Driveways
shall be a minimum of 22 feet in length as measured outside the street
right-of-way.
[Added 12-8-2008 by Ord. No. 209]
