An existing lot that complies with the area and dimensional
standards of this chapter shall not be reduced in size so that the
minimum lot area and/or dimensional requirements of this chapter are
no longer met. An existing lot that does not comply with the minimum
lot area standards of this chapter shall not be subdivided. A lot
that does not comply with the minimum dimensional standards shall
not be subdivided so as to further reduce the nonconforming standard
or create a new nonconforming condition.
A.
A front yard of not less than 50 feet shall be provided on all lots abutting an officially designated state highway, subject to Subsection B below.
B.
A proposed building may be constructed nearer to the street than
the required minimum front yard depth under the following conditions:
(1)
There shall be existing buildings on the lots on either side
of the lot which would contain the proposed building.
(2)
The proposed building would front on the same side of the same
street in the same block as the existing buildings on lots on either
side.
(3)
The existing buildings on the lots on either side would be no
greater than 50 feet from the proposed building.
(4)
The proposed building may be constructed at a front yard depth
that is not less than the average of the front yard setbacks of the
existing buildings on the lots on either side.
(5)
In no case shall the front yard of the proposed building be
less than 20 feet.
Apparatus needed for the operation of active and passive solar
energy systems (including but not limited to overhangs, movable insulating
walls and roofs, detached solar collectors, reflectors and piping),
ground-story bays, porches and chimney flues may project into required
yard areas no more than four feet. Such projections into the required
minimum yard areas shall not occupy more than 1/3 the length of the
building wall. Cornices and gutters may project no more than two feet
over a required yard. Fire escapes may be permitted in accordance
with this section in side or rear yards only.
[Amended 3-23-1999 by Ord. No. 99-03]
A.
Height. The height of fences for residential uses shall be no more
than six feet, and the height of fences for nonresidential uses shall
be no more than eight feet, except where this chapter or other ordinances,
statutes or regulations require a greater height.
B.
C.
Location.
(1)
The distance between the wall of a building and a fence parallel
to it shall not be less than five feet.
(3)
In residential or commercial districts, stockade or board-on-board
fences shall be located in rear or side yards only. Where a property
fronts on more than one street, a fence otherwise satisfying the requirements
of this chapter may be erected in the front yard which is not the
yard the front of the dwelling faces, provided that it is not located
within the required minimum front yard.
(4)
All fences must be located eight feet from the physical cartway
or, if there is a sidewalk, eight feet from the inner edge of the
sidewalk.
D.
Where required.
(2)
Ponds. Ornamental ponds for residential uses which are man-made
and can hold water of 24 inches or greater in depth shall be completely
enclosed by a fence at least four feet high and constructed so as
to make climbing by children difficult. Ponds used for agricultural,
fire protection or municipal purposes shall be exempt from this fence
requirement.
(3)
Excavations and quarries. Every quarry, gravel pit and similar
permanent excavation which is hazardous to children or to passersby
shall be enclosed by a sturdy fence of eight feet in height and constructed
so as to make climbing difficult.
[Amended 3-23-1999 by Ord. No. 99-04]
The height of buildings is regulated to prevent loss of life or excessive property damage through the inability of fire equipment to reach upper stories or roofs. Therefore, no building shall exceed the maximum building heights specified in Articles IV through XXI, except church spires, belfries, silos, water towers, solar energy systems, WECS, antennas, television towers, masts, aerials, flagpoles or other structures necessary for providing water, electricity, heat, cooling, radio or similar facilities, provided they are not used for human occupancy and are set back 1.5 times their height (from ground level to the top of the structure) from other buildings or property lines. However, this setback requirement does not apply to a tower or antenna associated with a telecommunications facility.
No dwelling shall hereafter be erected unless there is direct
access to it through an open space on the same lot. Such open space
shall not be less than 25 feet in width and shall extend from the
dwelling to a public street, private street, road or way which has
a right-of-way width of not less than 50 feet and which has been offered
to the Township for dedication. This access requirement is in addition
to, not in place of, the minimum lot width requirement which is measured
at the required building setback line.
A.
In all districts, no structure, fence, planting or other obstruction
shall be maintained between a horizontal plane two feet above curb
level and a plane seven feet above curb level so as to interfere with
traffic visibility across the corner within that part of the required
front or side yard which is within a horizontal clear sight triangle
bounded by the two street lines (rights-of-way) and a straight line
drawn between points on each such line 25 feet from the intersection
of said lines or extension thereof. When one or both streets which
form the intersection are classified as collector or arterial highways,
the clear sight triangle bounded by the two street lines and a straight
line drawn between points on such line shall be 50 feet from the intersection
of said lines or extension thereof.
|
B.
At each point where a private accessway intersects a public street
or road, a clear sight triangle of 10 feet, measured from the point
of intersection of the street line and the edge of the accessway,
shall be maintained within which vegetation and other visual obstructions
shall be limited to a height of not more than two feet above the street
grade.
Certain streets of the Township are classified as follows, and
those streets and any future extensions thereof shall have a minimum
right-of-way as set forth hereinbelow:
B.
Arterials shall have a minimum right-of-way width of 100 feet. The
following roads shall be classified as arterials:
C.
Collectors shall have a minimum right-of-way width of 80 feet. The
following roads shall be classified as collectors:
(1)
Bridgetown Road.
(2)
Durham Road.
(3)
Hulmeville Road.
(4)
Langhorne-Yardley Road.
(5)
North Flowers Mill Road.
(6)
Old Lincoln Highway (from U.S. 1 Expressway east to West Maple
Avenue).
(7)
Oxford Valley Road.
(8)
South Flowers Mill Road.
(9)
West Maple Avenue (from Neshaminy Creek to U.S. 1 Expressway).
(10)
Woodbourne Road.
D.
Primary roads shall have a minimum right-of-way width of 60 feet.
The following roads shall be classified as primary roads:
E.
Secondary streets shall have a minimum right-of-way width of 50 feet.
Any road which has not been classified above shall be considered a
secondary street.
This chapter shall not apply to any existing or proposed building,
or extension thereof, used or to be used by a public utility corporation,
if upon petition of the public utility corporation the Pennsylvania
Public Utility Commission shall, after a public hearing, decide that
the present or proposed situation of the building in question is reasonably
necessary for the convenience or welfare of the public. It shall be
the responsibility of the Pennsylvania Public Utility Commission to
ensure that both the public utility corporation and the municipality
in which the building or proposed building is located have notice
of the hearing and are granted an opportunity to appear, present witnesses,
cross-examine witnesses presented by other parties and otherwise exercise
the rights of a party to the proceedings.
A.
COMBINATIONS
REGISTERED GROSS WEIGHT
TRAILER
TRUCK
TRUCK TRACTOR
Definitions. For the purposes of this section, the following words
or phrases shall be defined as indicated.
Two or more vehicles physically interconnected in tandem.
The maximum gross weight at which a vehicle or combination
is registered in this commonwealth or any other commonwealth or state
to operate upon a highway.
A vehicle designed to be towed by a motor vehicle, used or
maintained primarily for the transportation of property.
A motor vehicle designed, used or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not constructed to carry a load other than a part of
the weight of the vehicle and load so drawn.
B.
No land, whether public or private, including any street which is
zoned primarily for residential use, including, but not limited to,
those districts designated RA-1, RA-2, RA-3, R-1, R-2, R-3, A-O and
MR, shall be used for the purpose of parking or storing any truck,
truck tractor or trailer which has one or more of the following characteristics:
C.
The foregoing regulations of this section shall not apply to vehicles
being used for agricultural purposes when the vehicles are located
on the premises where the agricultural activity is taking place or
vehicles in the process of delivering a product, material or service.
A residential conversion is the conversion of an existing building
into two or more dwelling units. A residential conversion is permitted
when authorized by the Zoning Hearing Board as a special exception,
subject to the following provisions:
A.
A residential conversion shall only be permitted in the following
zoning districts: RA-1, RA-2, RA-3, R-1, R-2, R-3, MR and P Districts.
B.
The minimum lot area per dwelling unit shall not be reduced below
the minimum lot area required for single-family detached dwellings
for the district in which such lot is located.
C.
The maximum density for the district in which the lot is located
shall not be exceeded.
D.
Floor area.
(1)
The following minimum floor area requirements shall be met:
|
Type of Unit
|
Minimum Floor Area
(square feet)
| |
|---|---|---|
|
Efficiency
|
400
| |
|
1 bedroom
|
500
| |
|
2 bedrooms
|
650
| |
|
3 bedrooms
|
800
| |
|
4 bedrooms
|
950
|
(2)
A minimum 120 square feet of floor area for each additional
bedroom, den, family room or recreation room shall be required.
E.
Detached dwellings which are converted must maintain the appearance
of a detached dwelling with a single front entrance. Additional entrances
may be placed on the side or rear of the structure. The dwelling units
may share the single front entrance. Exterior stairways and fire escapes
shall be located on the rear wall in preference to either side wall
and in no case on a front or side wall facing a street.
F.
Except as may be necessary for purposes of safety in accordance with
the preceding subsection, there shall be no major structural change
in the exterior of the building in connection with the conversion.
After conversion, the building shall retain substantially the same
structural appearance it had before such conversion.
G.
Each converted structure shall have a recreation/patio area of at
least 200 square feet per dwelling unit. The recreation/patio area
shall not be located in the minimum front or side yards.
H.
Separate cooking and sanitary facilities shall be provided for each
dwelling unit.
I.
Trash receptacles shall not be visible from the street or abutting
properties except on scheduled pickup days.
J.
Parking.
(1)
Two off-street parking spaces shall be provided for dwellings
having three bedrooms or less, and three off-street parking spaces
shall be provided for dwellings having four bedrooms or more.
(2)
Off-street parking spaces shall be located to the side or rear
of the converted structure.
(3)
Off-street parking lots with three or more spaces shall be buffered
from abutting residences by hedge material placed on three-foot centers.
Alternately, a four-foot to five-foot fence may be erected which provides
a visual screen.
The maximum building coverage or maximum impervious surface
ratio applicable to a lot may be increased by 2% when a WECS or solar
energy system is utilized on a lot.
[Added 3-23-1999 by Ord. No. 99-03]
A.
Purpose. The purpose of this section is to promote the educational,
cultural, economic and general welfare of Middletown Township by:
(1)
Identifying and preserving the distinctive historic, architectural,
archaeological and geological characteristics of Middletown Township
which represent elements of the Township's cultural, social, economic,
political and architectural history.
(2)
Fostering civic pride in the beauty and noble accomplishments
of the past as represented in Middletown Township's landmarks and
historic sites.
(3)
Conserving and improving the value of property designated as
landmarks or historic sites or designated as significant archaeological
or geological sites.
(4)
Protecting and enhancing the attractiveness of the Township
to home buyers, tourists and visitors and thereby supporting and promoting
business, commerce, industry and providing economic benefit to the
Township.
(5)
Fostering and encouraging preservation, restoration and rehabilitation
of structures, areas, sites and neighborhoods.
B.
Criteria. The Board of Supervisors shall rely upon the recommendations
of the Historic Preservation Commission to make a determination as
to whether a building, structure or site should be preserved, based
upon whether or not the building, structure or site meets one of the
following criteria:
(1)
Its character, interest or value as part of the development,
heritage or cultural characteristics of the community, county, state
or country.
(2)
Its location as a site of a significant local, county, state
or national event.
(3)
Its identification with a person or persons who significantly
contributed to the development of the community, county, state or
country.
(4)
Its embodiment of distinguishing characteristics of an architectural
style valuable of the study of a period, type, method of construction
or use of indigenous material.
(5)
Its identification as the work of a master builder, designer
architect or landscape architect whose individual work has influenced
the development of the community, county, state or country.
(6)
Its embodiment of elements of design, detailing, materials or
craftsmanship that render it architecturally significant.
(7)
Its embodiment of design elements that made it structurally
or architecturally innovative.
(8)
Its unique location or singular physical characteristics that
make it an established or familiar visual effect.
(9)
Its suitability for preservation or restoration.
(10)
Its inclusion in the list of structures identified as historic
resources in the Middletown Township Comprehensive Plan.
C.
Identification of buildings, structures and sites. Any application and the accompanying plans submitted to the Township for review for whatever reason shall specifically identify any building, structure or site which meets any of the criteria set forth above in Subsection B(1) through (10), inclusive.
D.
Standards for review. The Township Board of Supervisors shall be
guided by the following general standards in the event that the Historic
Preservation Commission determines that a building, structure or site
meets any of the criteria herein:
(1)
Every reasonable effort shall be made to provide a compatible
use for a property that requires minimal alteration of the building,
structure or site and its environment or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural,
archaeological or geological features shall be avoided when possible.
(3)
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical basis and that
seek to create an earlier appearance shall be discouraged.
(4)
Changes that may have taken place in the course of time or evidence
of the history and development of a building, structure or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building's structure or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. In the event replacement is necessary,
the new materials should match the materials being replaced in composition,
design, color, texture and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features substantiated by historic, physical or pictorial evidence,
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sand blasting and other cleaning methods
that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project.
(9)
Every reasonable effort shall be made to protect and preserve
the site of a significant local, county, state or national event.
(10)
Every reasonable effort shall be made to protect and preserve
a site which has historical significance, heritage or cultural characteristics
embodied within the community, county, state or country.
(11)
Every reasonable effort shall be made to protect and preserve
significant geological sites affected by or adjacent to any project.
[Added 3-23-1999 by Ord. No. 99-04]
A cellular telecommunications facility (tower and associated
telecommunications equipment building) must meet the requirements
listed below:
A.
The location of the tower and equipment building shall comply with
all natural resource protection standards of this chapter.
B.
An eight-foot-high security fence shall completely surround the tower
(and guy wires if used) and equipment building.
C.
The following buffer plantings shall be located around the perimeter
of the security fence:
(1)
An evergreen screen shall be planted that consists of either
a hedge, planted three feet on center maximum (four feet high, minimum),
or a row of evergreen trees planted 10 feet on center maximum (five
feet high, minimum).
(2)
Existing vegetation (trees and shrubs) shall be preserved to
the maximum extent possible.
D.
The tower shall be designed and constructed to all applicable standards
of the American National Standards Institute Manual, ANSI/EIA-222-E,
as amended.
E.
A soil report complying with the standards of Appendix I: Geotechnical
Investigations, ANSI/EIA-222-E, as amended, shall be submitted to
the Township to document and verify the design specifications of the
foundation for the tower and anchors for the guy wires, if used.
F.
All plans and drawings for the tower and antenna shall contain a
signature and seal of a professional structural engineer.
G.
The tower and antenna shall be designed to withstand wind gusts of
at least 100 miles per hour.
H.
An antenna may not be located on a historic building or structure,
or within 500 feet of a property containing a hospital, convalescent
home, nursing home, personal care facility, school or playground.
I.
When a tower is no longer in use as a telecommunications facility,
the owner shall promptly remove the tower within six months. Prior
to receipt of a zoning permit for the construction of a tower, the
applicant shall provide to the Township financial security sufficient
to guarantee the removal of the tower. Said financial security shall
remain in place until the tower is removed.
J.
A cellular telecommunications facility is permitted by special exception
in the following zoning districts: C, CS, GB, M-1 and OC, subject
to the following conditions:
(1)
The applicant shall demonstrate that the tower for the telecommunications
facility is the minimum height necessary for the service area. The
applicant shall also demonstrate that the facility must be located
where it is proposed in order to serve the company's system and service
area.
(2)
The applicant shall present documentation that the tower is
designed in accordance with the standards cited in this chapter for
cellular telecommunications towers.
(3)
The applicant shall demonstrate that the proposed tower complies
with all local, state and federal laws and regulations concerning
aviation safety.
(4)
The need for additional buffer yard or other camouflage treatment
(such as camouflaging the tower to look like a tree) to help the proposed
tower blend in with the surrounding neighborhood shall be evaluated
and implemented where required by the Zoning Hearing Board.
(5)
Where the telecommunications facility is proposed to be located
on a property with a principal use, the applicant shall present documentation
that the owner of the property has either granted an easement or has
entered into a legal agreement for the proposed facility and for vehicular
access to the facility.
K.
A cellular telecommunications facility is permitted in any of the
following arrangements:
(1)
Sole use on a lot. A cellular telecommunications facility is
permitted as the principal and sole use on a lot, subject to the following:
(a)
Minimum lot size: minimum lot size required for applicable zoning
district.
(b)
Minimum yard requirements: minimum setbacks for the district.
(c)
Maximum height: tower, 150 feet; equipment building, maximum
building height permitted for the applicable district.
(d)
Buffer yard. Along any adjacent land zoned for or in residential use, a yard shall be provided which shall be not less than the height of the tower in width, measured from the property line or the street line. A planted buffer yard shall be provided in accordance with the provisions of § 500-2605.
(2)
Combined with another use. A cellular telecommunications facility
is permitted as an accessory use on a property with an existing principal
use, subject to the following conditions:
(a)
The existing use on the property may be any permitted use in
the district or any lawful nonconforming use and need not be affiliated
with the cellular telecommunications provider.
(b)
The cellular telecommunications facility shall be fully automated
and unattended on a daily basis and shall be visited only for periodic
maintenance.
(c)
Minimum lot area. The minimum lot area shall be the area needed
to accommodate the tower (guy wires, if used), the equipment building,
security fence and buffer planting. If the title to the land on which
the cellular telecommunications facility is located is conveyed to
the owner of the facility, the land remaining with the principal lot
shall continue to comply with the minimum lot area for the applicable
zoning district.
(d)
Minimum setbacks. The tower and telecommunications equipment
building shall comply with the minimum setback requirements for the
host lot.
(e)
Maximum height. Tower, 150 feet; equipment building, maximum
building height permitted for the applicable district.
(f)
Access. The vehicular access to the equipment building shall,
whenever feasible, be provided along the circulation driveways of
the existing use.
(g)
Buffer yard. Along any adjacent land zoned for or in residential use, a yard shall be provided which shall be not less than the height of the tower in width, measured from the property line or the street line. A planted buffer yard shall also be provided in accordance with the provisions of § 500-2605.
(3)
Combined with an existing structure. An antenna for a cellular
telecommunications facility shall be permitted as an accessory use
when attached to an existing structure or building, subject to the
following conditions:
(a)
Maximum height: 50 feet above the existing building or structure.
(b)
If the applicant proposes to locate the telecommunications equipment
in a separate building, the building shall comply with the following:
[1]
The building shall comply with the minimum setback
requirements for the subject zoning district.
[2]
An eight-foot-high security fences shall surround
the building.
[4]
Vehicular access to the building shall not interfere
with the parking or vehicular circulation on the site for the principal
use.
(c)
Elevations of existing and proposed structures, showing width,
depth and height; engineering data about the antenna and support structure,
such as antenna size and weight and load-bearing capacity of support
structure, shall be presented.
(d)
Buffer yard. Along any adjacent land zoned for or in residential use, a yard shall be provided which shall be not less than the height of the tower in width, measured from the property line or the street line. A planted buffer yard shall be provided in accordance with the provisions of § 500-2605.
L.
A cellular telecommunications facility is not permitted in any residential district. However, notwithstanding any other provision of this chapter, a cellular telecommunications facility shall be a permitted use on all property owned by Middletown Township, without regard to the underlying zoning classification of such property, provided that each such facility meets the provisions of Subsection K above.
[Added 5-20-2008 by Ord. No. 08-05; amended 12-17-2012 by Ord. No.
12-06]
A retail store, as defined in this chapter, shall, where permitted,
be subject to the following conditions:
A.
One off-street parking space shall be provided for every 200 square feet of gross floor area used or intended to be used for servicing customers and/or patrons of a retail store. When applied to a retail store, "gross floor area" shall include outdoor retail areas and shall be measured in the aggregate for any and all buildings or contiguous groups of buildings of the same single ownership or trading under the same single name. Where other sections or provisions of this chapter and/or of the Middletown Township Subdivision and Land Development Ordinance, Chapter 440 of the Township Code, may require a greater number of off-street parking spaces for a retail store use, that section or provision of this chapter and/or of Chapter 440, Subdivision and Land Development, shall apply.
B.
Retail stores with a gross floor area of more than 20,000 square
feet shall meet the following additional requirements:
(1)
The use shall be located on an arterial road.
(2)
Buildings shall be designed to reflect and enhance the visual,
historic and cultural character of Middletown Township. Exterior building
materials shall be brick, wood, stone, tile or other high quality
materials. No concrete block or tilt-up concrete walls shall be permitted.
There shall be no uninterrupted lengths of blank wall longer than
100 feet. Walls shall be differentiated with recesses, windows, facade
details, and changes in color and/or building materials. All sides
of a building shall be architecturally consistent with the front facade,
and all building faces visible from any street or abutting property
shall have the same architectural features and style as the front
facade.
(3)
The use shall include a public amenity, such as an outdoor plaza,
patio seating area, water feature, clock tower, or other similar amenity
that will enhance the overall character of the area and provide for
additional public benefit to pedestrian traffic. The scale of the
public amenities shall be in proportion to the size of the proposed
retail store and shall not be less than one square foot of public
amenity for every 25 square feet of proposed retail store development.
(4)
Loading docks shall be shielded from view and shall not be visible
from adjacent residential districts or from public streets.
(5)
Outdoor refuse collection stations shall be provided for garbage and trash removal when indoor refuse storage is not provided. The stations shall be located to the rear of the structure and shall be screened from view and landscaped in accordance with the applicable provisions and requirements of Chapter 440, Subdivision and Land Development, of the Township Code.
(6)
Tractor-trailers, cargo boxes, or other vehicles or structures
meant to be transportable shall not be permitted to be used as accessory
buildings or structures for storage. Any such vehicles shall be loaded
or unloaded within 48 hours and shall not remain on the property or
premises beyond the forty-eight-hour period permitted hereunder.
(7)
The use shall be designed to safely accommodate pedestrian and
vehicular traffic. Pedestrian circulation shall be provided throughout
the site, and pedestrian connections shall be provided to adjacent
sidewalks.
(8)
The plan shall provide for shopping cart corrals if shopping
carts are to be utilized in the retail store. Cart corrals shall be
provided in addition to the required parking spaces.
C.
The terms, conditions and provisions set forth hereinabove shall
be deemed "use requirements" and not "dimensional requirements" for
purposes of any request for variance from the terms, conditions or
provisions of this section. The Township hereby declares its intention
that these provisions are incident to any permitted use of and/or
for such retail stores under this chapter, and that all such regulations
should therefore be deemed to be, and treated as, regulations restricting
the use and not mere dimensional requirements relating to the use.
