[Amended 12-3-2007 by Ord. No. 276]
For the purposes of this chapter, the following
regulations shall govern each and every district.
A lot which is of public record in single and
separate ownership at the time of enactment of this chapter which
is not of sufficient size or dimension to permit the erection of a
building thereon in accordance with the requirements of this chapter,
and provided the Zoning Hearing Board finds the necessary additional
ground is not available because of the settled condition of the neighborhood
or because of the inability of the owner to acquire additional ground
upon fair terms, the Zoning Hearing Board may grant a special exception
for the use of such parcel of ground upon such conditions as the Zoning
Hearing Board may specify.
No lot shall be so reduced that the area of
the lot or the dimensions of the required lines not connected to a
sewage disposal plant shall not be considered as being served with
public sewer.
A lot which does not conform to the minimum and/or maximum regulations of the district in which it is located and which is included in a recorded plan of lots heretofore approved under the provisions of the Subdivision Ordinance of Lower Pottsgrove Township (Chapter 215), and its supplements and amendments, shall not be used unless the minimum and maximum regulations of the district are met or in the event such recorded subdivision plan, approved by the Township, was secured within one year of the effective date of this chapter or a variance is obtained from the Zoning Hearing Board.
Where an unimproved lot of record is situated
on the same street frontage with two improved lots or one unimproved
and one improved lot, the front yard requirement for that district
shall be modified so that the front yard shall be an average of the
existing and as-required front yard.
On any lot, no wall, fence or other structure
shall be erected, altered or maintained and no hedge, tree, shrub
or other growth shall be planted or maintained between the height
of three feet and 10 feet.
No dwelling shall hereafter be erected or altered
unless there is direct access to it through an open space on the same
lot. Such open space shall have an ultimate right-of-way of at least
50 feet and shall extend from the dwelling to a public street or highway.
An existing lot for which access to a public
road is by a relatively narrow strip of land may be built upon only
when authorized by a special exception. In computing the area of such
lots, the area of the strip of ground connecting the lot with the
public road shall not be considered. All buildings and other structures
to be located on such lot shall be not closer than 75 feet from surrounding
lot lines, and the strip of ground connecting the lot with the public
road shall be used as an access strip to only the particular lot in
question. The Zoning Hearing Board shall consider the suitability
of the strip of ground which connects the lot with the public road
for use as an access driveway and shall assure that any such access
driveway does not generate dust. The Zoning Hearing Board may impose
such other conditions as may be required.
[Amended 5-25-2000 by Ord. No. 218; 12-3-2007 by Ord. No.
276]
Accessory uses authorized in this chapter shall
include, but not by way of limitation, the following:
A.
Uses accessory to agriculture.
(1)
Greenhouses.
(2)
Roadside stands for sale of products produced on the
premises in accordance with the following:
(a)
A maximum of 1,500 square feet of building floor
area shall be occupied by such use.
(b)
At least three off-street parking spaces shall
be provided on the lot. Where building area exceeds 600 square feet,
one additional parking space shall be provided for each additional
200 square feet of building area.
(c)
Sale of farm produces shall be conducted either
from a temporary stand, dismantled at the end of the growing season,
or from a permanent building, sited in compliance with all setback
requirements for the zoning district in which it is located. Any temporary
structure shall be set back at least 25 feet from the edge of the
cartway of the adjacent road.
(3)
Other agricultural buildings used for storage or preparation
of products produced on the premises.
(4)
Keeping of livestock is permitted in conjunction with
a principal agricultural use, provided that the following requirements
are met:
(a)
No maximum number of animals shall apply if there is a ten-acre minimum lot area. If the lot area is less than 10 acres, then the requirements of § 250-21B(2) shall apply.
(b)
All feedlots and structures used for housing
the animals shall be placed at a minimum of 150 feet from any ultimate
right-of-way line and any lot line of any other property, unless a
written waiver is provided by all owners of record of such property.
(c)
No more than two pigs shall be maintained on
any lot or property held in single and separate ownership unless they
are housed and confined not closer than 300 feet from the property
line of the lot on which they are kept. Keeping more than 15 pigs
shall require a fifty-acre minimum lot area.
(d)
A grass strip at least eight feet wide should
be provided between a field and any street cartway or shoulder.
(e)
Manure storage areas shall be set back 200 feet
from the following:
[1]
Any perennial stream, river, spring, lake, pond
or reservoir.
[2]
Any private water well or an open sinkhole.
[3]
Any active public drinking well or water source
surface intake, unless a greater distance is required by federal or
state regulation.
[4]
Each property line, unless landowners within
such distance execute a written waiver for the setback or unless a
wider setback is established by state regulations.
(f)
A person owning or having in his/her custody
livestock or poultry shall maintain the livestock or poultry so as
to minimize health or safety hazards and noxious odors to persons
occupying other properties and to properly control rodents and vectors,
except as this provision may be preempted by the State Right to Farm
Act, the State Agricultural Security Areas Act[2] or other applicable state law.
[2]
Editor's Note: See 3 P.S. § 951 et seq.
and 3 P.S. § 901 et seq., respectively.
(g)
A person owning or having in his/her custody
livestock or poultry shall not permit the animals to enter other property
without advance permission from the owner or appropriate authority.
Such lack of control of animals is hereby declared to be a nuisance
and dangerous to the public health and safety.
B.
Uses accessory to dwellings.
(1)
Private garage, private parking spaces, shelter for
pets, private stable and chicken house.
(2)
Keeping of livestock or pets not in conjunction with
a principal agricultural use shall meet the following requirements:
(a)
A person owning or having in his/her custody
animals shall maintain them so as to minimize health or safety hazards
and noxious odors to persons occupying other properties and to properly
control rodents and vectors. Only animals that are domesticated and
do not represent a known safety hazard to humans shall be permitted
as pets.
(b)
A person owning or having in his/her custody
animals shall not permit the animals to enter another property without
advance permission of the owner. Such lack of control of animals is
hereby declared to be a nuisance and dangerous to the public health
and safety.
(c)
No fowl or animal shall be maintained without
a suitable building.
(d)
No barn, stable or chicken house shall be erected
other than to the rear of the principal dwelling of such lot in accordance
with the minimum setback requirements for accessory uses or at a distance
of not less than 20 feet from the rear and side lines and 50 feet
from any dwelling, whichever shall be more restrictive.
(e)
Chicken houses shall not have an area of more
than 200 square feet.
(f)
Manure storage areas shall follow the regulations of § 250-21A(4)(e) for uses accessory to agriculture.
(g)
The following maximum numbers of animals shall
be kept on a lot:
[1]
A minimum lot area of two acres shall be required
to keep one cow, horse, pig, hog, llama, or other similar-sized or
larger animal. One additional animal of such size may be kept for
each acre of lot area in excess of two acres.
[2]
A minimum lot area of one acre shall be required
to keep one sheep, goat or similar-sized animal. Three additional
animals of such size may be kept for each acre of lot area in excess
of one acre.
[3]
A minimum lot area of 1/2 acre shall be required
to keep one fowl or similar-sized animal. An average of two such animals
may be kept for each additional 1/2 acre.
[4]
A maximum of four dogs, cats or similar domesticated
small animals over the age of one year shall be permitted to be kept
in a structure accessory to a dwelling on lots of less than two acres.
The number may increase to six such animals on lots two acres or larger.
A maximum of six rabbits or similar animals shall be kept in a structure
accessory to a dwelling. A kennel or equestrian facility shall only
be allowed where specifically permitted by the applicable district
regulations.
(3)
Private greenhouses and garden sheds.
(4)
Temporary living quarters for relatives or household
employees may be permitted in either in the principal dwelling or
in an approved accessory building as a special exception, based on
the following conditions:
(a)
Quarters are occupied by no more than two persons.
(b)
The principal dwelling shall be owner-occupied.
(c)
Applicant shall prove to the satisfaction of
the Zoning Hearing Board that the unit will only be occupied by relatives
or household employees of the property owner.
(d)
If the unit is attached to the structure, an
internal connection shall be maintained with the principal dwelling
as a means of access between the principal and accessory dwelling
units, such as a stairway or corridor. Two means of access shall be
available for the occupants of each dwelling unit.
(e)
If attached to the principal dwelling, any new
outside entrance shall be to the rear of the building.
(f)
Owners shall establish a written deed restriction
that prohibits the sale of the property as two or more dwelling units.
(g)
When the accessory unit is no longer occupied
by relatives or employees of the owner:
[1]
An accessory unit attached to the principal
dwelling shall be converted to be part of the living space of the
principal dwelling unit;
[2]
An accessory unit occupied by the unit shall
be converted to a permitted accessory use or be used for household
storage; and
[3]
A detached modular unit shall be completely
removed from the property.
(h)
If an on-lot septic system will be utilized,
it shall be found adequate by the county health department for the
expanded use. If public sewer connection is available, the Township
Authority shall calculate whether additional EDUs are necessary.
(i)
Any exterior changes to the principal building
to incorporate an attached accessory unit shall not decrease its appearance
as a single-family detached dwelling as viewed from a street or another
property. Any new detached building shall meet minimum setbacks for
accessory uses and be separated from adjacent properties by substantial
landscaping.
(j)
The Zoning Hearing Board may establish additional
conditions as it deems necessary to ensure compatibility with neighboring
properties and to make sure that the unit is only used for its permitted
purposes.
(k)
The applicant shall agree to annually renew
the zoning permit by proving that the unit is still occupied by relatives
or employees of the owner and make the property available for Township
inspection if requested.
(5)
Private swimming pool or other recreational facilities:
(a)
The pool and/or recreational facility and all
filters, pumps, mechanical and other support equipment shall conform
to the side and rear yard requirements for accessory uses in the district
in which they are located.
(b)
Any floodlighting or other illumination used
in conjunction with the pool and/or recreational facility shall be
shielded and directed away from adjoining properties.
(6)
No-impact home-based businesses, provided the business
or commercial activity satisfies the following requirements:
(a)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other
than family members residing in the dwelling.
(c)
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
(h)
The business shall not involve any illegal activity.
(7)
Uses authorized in this chapter as accessory to a
dwelling shall not be deemed to include hospital clinic, animal hospital,
kennel, equestrian facility, barbershop, beauty parlor, other personal
service shops, tea room, hotel, bed-and-breakfast, or any similar
use.
C.
Accessory uses to dwelling permitted by special exception.
Low-impact home-based businesses, provided the business or commercial
activity satisfies the following requirements:
(1)
Not more than one person shall be employed by the
owner of the home-based business, except that two individuals related
by blood or marriage who are members of a recognized profession shall
be permitted to practice together as one business, each with one employee.
(2)
The area used for the practice of a profession or
for a studio shall not exceed the lesser of 600 square feet or 50%
of the area of the first floor of the dwelling.
(3)
There shall be no more than one commercial visit per
hour and a maximum of four commercial visits to the premises per day,
with all visits falling between the hours of 7:00 a.m. and 9:00 p.m.
(4)
No external alterations or additions inconsistent
with the residential use or appearance of the dwelling shall be permitted.
(5)
There shall be no more than one low-impact business
in a dwelling and/or accessory building.
(6)
No goods shall be publicly displayed on the premises
and no stockpiling or inventory of a substantial nature shall be kept
outside the premises.
(7)
No low-impact home-based business shall be located
within 500 feet of any other low-impact home-based business, measured
by the shortest distance between the lot on which the proposed use
will be located and the lot or lots which contain the existing use.
This requirement shall not be imposed if the applicant establishes
to the Zoning Hearing Board either that the proposed use is located
in a neighborhood which is not primarily residential in character
or that the proposed use will not have a substantial tendency to commercialize
the neighborhood.
(8)
Signage shall comply with the sign provisions of this
chapter.
(9)
No more than one business vehicle may be parked on
the property on a regular basis. Any trucks, vans or business vehicles
shall have loading capacities not exceeding two tons. The business
vehicle shall be parked in an enclosed structure or in an area screened
from view of neighboring properties and streets.
(10)
Any lot on which a low-impact home-based business
is conducted or proposed shall have a minimum lot size as required
in the applicable district, except the Zoning Hearing Board may require
a greater minimum lot size if they determine that more acreage is
required to maintain the residential character of the property and/or
to provide adequate off-street parking and/or to provide adequate
visual or noise buffers to neighboring residences.
D.
Minimum setback requirements for detached buildings
and structures accessory to dwelling.
(1)
Front yard: No portion of a detached building or structure
accessory to a dwelling shall be permitted closer to any street than
the front of the principal dwelling.
(2)
Rear yard: 20 feet minimum, except that:
(a)
If a structure has a floor area of over 600
square feet, it shall meet the minimum rear yard for a principal building.
(b)
A detached building or structure accessory to
a dwelling that has a floor area of less than 225 square feet and
has a maximum height of 12 feet shall have a minimum rear yard setback
of five feet.
(c)
Preservation subdivision developments. In the case of a preservation
subdivision development, the developer shall provide a minimum of
5,500 square feet per building lot.
[Added 12-1-2014 by Ord.
No. 316]
(3)
Side yard.
(a)
A side yard of a detached building or structure
accessory to a dwelling shall meet the minimum side yard for a principal
building or the actual side yard of an existing principal building
on the lot, whichever is less restrictive.
(b)
A detached building or structure accessory to
a dwelling that has a floor area of less than 225 square feet, has
a maximum height of 12 feet, shall have a minimum side yard setback
of five feet.
(4)
Size limit for accessory buildings. Any detached accessory
building (with the exception of agricultural buildings) which exceeds
600 square feet in area but is 1,000 square feet in area or less or
exceeds 21 feet in height may be permitted by the Zoning Hearing Board
as a special exception, subject to the following standards:
[Amended 12-3-2007 by Ord. No. 276; 12-6-2021 by Ord. No. 355]
(a)
The Zoning Hearing Board may impose additional setback requirements from property boundaries, in addition to the requirements of Subsection C above;
(b)
The visual impact of the building shall not
be detrimental to the value of neighboring properties;
(c)
The compatibility of the building with the size
and scale of the surrounding buildings shall be considered; and
(d)
The Zoning Hearing Board may place conditions
on a special exception approval to ensure compatibility with neighboring
properties, such as requiring additional landscaping, driveway, and/or
parking improvements.
[Amended 8-21-1980 by Ord. No. 127-I; 3-23-1995 by Ord. No.
192]
No structure and no part of a structure shall
be erected within or shall project into any minimum required yard
in any district, except that:
A.
An unenclosed porch not more than 14 feet in height
may be erected to extend into a required front or rear yard a distance
of not more than 10 feet, provided that in no case shall it extend
into such front or rear yard more than 1/2 the existing depth of the
yard.
B.
A terrace, platform or landing place not covered by
a roof, canopy or trellis, which does not extend above the level of
the first floor of the building, may be erected to extend into a required
yard a distance of not more than 12 feet, provided that it shall not
extend into such yard more than 40% of the existing depth or width
of the yard.
C.
A carport may be erected over a driveway in a required
side yard, provided that such structure is:
D.
A buttress, chimney, cornice, pier or pilaster of
a building may project not more than 18 inches into a required yard.
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 open spaces
required by this chapter unless that portion of the fence or wall
which exceeds four feet in height shall contain openings therein equal
to 50% or more of the area of said portion of the fence or wall.
A.
In all districts, chimneys, spires, towers, skylights,
tanks, radio or television aerials or similar uses or structures shall
not be included in calculating the height where such structures are
customary vertical projections of a permitted building.
B.
In any residential district, the prescribed basic
height limit may be exceeded by one foot for each foot by which the
width of each side yard and the depth of each rear yard are increased
beyond the minimum requirements up to a maximum of 10 feet.
The continuation of adequate topsoil on the
land within the Township is considered necessary for the general welfare
of the Township and the future thereof. Thus, the permanent removal
of topsoil from the land within the Township shall be prohibited.
This prohibition shall not be construed to prohibit the owner of land
in removing topsoil for the purpose of construction of a building
and the regrading of the land surrounding the building following construction.
All trees shall be periodically pruned, sprayed
or receive such care as to preserve them during their natural lifetime.
Any tree or portion thereof which dies or suffers damage due to lightning
shall be removed immediately where potential harm to others or property
exists or otherwise shall be removed within six months. Every lot
shall maintain a minimum of one tree for every 3,000 square feet of
lot area. When existing trees die, others must be replanted to replace
them.
The Zoning Hearing Board may allow as a special
exception the conversion of a single-family dwelling or other building
into a dwelling for two or more families, subject to the following
requirements:
A.
A petition in favor of such exception if filed with
the Zoning Hearing Board signed by the owners of 60% or more of the
frontage on the same street within 1,000 feet of the designated lot.
B.
Each dwelling unit shall not have less than 600 square
feet of floor area, plus an additional 100 square feet of floor area
for each additional bedroom in excess of one.
C.
The lot area per family is not reduced thereby to
an amount less than 75% of that required by this chapter for the district
in which the designated lot is located.
D.
Fire escape and outside stairways shall, when practicable,
be located to the rear of the building. Outside stairways shall be
enclosed. A metal fire escape shall be provided for each floor above
the second leading to the ground. Each unit shall have two means of
egress, both of which shall terminate in a public way or a court space
leading to a public way.
E.
The Zoning Hearing Board shall specify the maximum
number of families permitted to occupy such buildings and may prescribe
such further conditions and restrictions as the Zoning Hearing Board
may consider appropriate.
F.
The off-street parking requirements of this chapter
shall be met.
G.
The conversion shall be authorized only for a large
dwelling with relatively little economic usefulness as a conforming
use.
[Amended 12-3-2007 by Ord. No. 276]
No dwelling, dwelling unit or other structure
designed for residential occupancy shall be constructed or occupied
for residential purposes unless the same shall contain a habitable
floor area of not less than 600 square feet or 200 square feet per
person whichever shall be larger.[1]
[1]
Editor's Note: Original § 418, Temporary
use permit, and § 419, Mobile homes and mobile home parks,
which immediately followed this section, were repealed 12-3-2007 by
Ord. No. 276.
This chapter shall not apply to any existing
or proposed building or extension thereof used or to be used by a
public service corporation if, upon petition of the corporation, the
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.
No lot or premises may be used for a trailer
camp, and no lot or premises shall maintain an inhabited trailer for
a period to exceed one month.
No section of this chapter shall be construed
to prohibit condominium ownership as permitted by the Unit Property
Act, 68 Pa.C.S.A. § 3301 et seq.
In reviewing an application for a special exception
to construct or modify an institutional use in any residential district,
as described in this chapter, the Zoning Hearing Board shall use the
following standards:
A.
Area. The minimum lot size for an institutional use
shall be two acres.
B.
Building coverage. The total area covered by buildings
shall not exceed 30% of the total lot area. The remaining area shall
be used for and maintained as landscaped open space, recreational
area, woodland or similar nonintensive use. No more than 20% of this
remaining area may be covered by blacktop, concrete or similar impervious
material for use as parking areas, walkways or vehicular accessways.
C.
Height. The maximum height of any building shall be
45 feet, except that such height may be increased when approved by
the Zoning Hearing Board for such structures as water towers, silos,
chimneys, steeples and radio antenna, provided that for every foot
of height in excess of 45 feet there shall be added to each yard requirement
one corresponding foot of width or depth.
D.
Yard requirements.
(1)
Width. The minimum frontage on a public road shall
be 150 feet measured along the ultimate right-of-way line.
(2)
Front. The minimum depth of a front yard shall be
100 feet, measured from the ultimate right-of-way line of the street
on which the building fronts.
(3)
Side. For each building there shall be two side yards
of not less than 40 feet.
(4)
Rear. There shall be established for each building
a rear yard of at least 40 feet.
E.
Clustering. When, from a functional standpoint, a
grouping or clustering of buildings is practical, modifications in
side and rear yard requirements may be made when approved by the Zoning
Hearing Board.
F.
Required plans for Zoning Hearing Board review. The
following plans shall be required before issuance of a building permit
to construct or modify any institutional use in Lower Pottsgrove Township:
(1)
A plot plan of the lot showing the location of all
present and proposed buildings, drives, parking lots and other constructional
features on the lot, and all buildings, streets, alleys, highways,
streams and other topographical features of the lot and within 200
feet of any lot line.
(2)
Architectural plans for any proposed buildings.
(3)
A description of the institutional operations, proposed
in sufficient detail to indicate the effects of those operations in
producing traffic congestion, noise, glare or safety hazards.
(4)
Engineering and architectural plans for the treatment
and disposal of sewage and the delivery of water to the site.
(5)
Any other pertinent data that the Zoning Hearing Board
may require.
G.
Nuisance controls. The institution shall make provision
for control of each of the following:
(1)
Access. A planned system of efficient access, egress
and internal circulation of traffic which shall interfere minimally
with nearby traffic shall be required. Loading and unloading areas
shall be provided where necessary.
(2)
Lighting. Lighting shall be arranged in a manner which
will protect adjacent highways and neighboring properties from unreasonable
direct glare.
(3)
Solid waste disposal. A plan for weekly disposal of
solid waste material shall be required. All solid waste shall be stored
in covered containers. No solid waste shall be stored closer than
50 feet to any property line.
(4)
Noise. No operations creating an unreasonable amount
of noise outside the property lines shall be allowed.
[Amended 11-18-1976 by Ord. No. 127-E; 7-7-1997 by Ord. No.
206]
A.
Legislative intent. It is the intent of the districts
to permit development in a manner that implements the intent of the
Lower Pottsgrove Township Comprehensive Plan in maintaining the present
rural atmosphere. It is the further intent of the districts to carefully
foster a density of development in the Township that assures development
will not have an adverse impact on the Township's ability to provide
adequate light and air, police protection, transportation, water,
sewage, schools, public facilities, services to the residents and
the favorable environmental quality of the Township.
B.
General requirements and applicability. In all preliminary plan applications for subdivision and/or land developments and with building permit applications in which no prior impact statement has been submitted within all zoning districts of Lower Pottsgrove Township in which the property proposed for development is 10 acres or more, more than 10 residential units, or more than 10,000 square feet of nonresidential development, the Board of Commissioners of Lower Pottsgrove Township shall consider the impact of the proposed use on the Township and on the facilities and systems as listed hereafter. The applicants shall provide all of the information, data and studies needed to allow the Board of Commissioners to reach conclusive evaluation of the areas set forth hereafter in Subsections C through M, inclusive. Governmental, recreational and educational uses that fall within the above dimensional standards and developments that fall under the above dimensional standards are not required to complete an impact statement; however, they may be required to complete a traffic study and analyze police, fire and recreation impacts as determined necessary by staff.
[Amended 12-3-2007 by Ord. No. 276[1]]
C.
Land use compatibility.
(1)
Objectives. The objective of the impact statement
about land use compatibility is to provide the Planning Commission
and Township Commissioners enough information and data to properly
evaluate:
(2)
Minimum contents. As a minimum, the impact statement
should include the following:
(a)
Maps illustrating the proposed density and the
existing, planned and zoned densities of surrounding tracts of land.
(b)
Population projections for the proposed land
development and a description of the proposed land development's impact
on existing projections of the Township population.
(c)
Plans indicating the distances from boundaries
of the proposed land development to buildings on adjacent tracts of
land.
(d)
Elevation drawings of the proposed building
exteriors.
(e)
Perspectives and other drawings showing views
of the proposed land development from surrounding properties.
(f)
Statements concerning the noise, air and visual
pollution which the proposed land development will generate.
(g)
Illustrations, plans or other descriptions of
any screening or buffering measures proposed to minimize land use
incompatibilities generated by the proposed land development.
(i)
Written text interpreting the information and
data presented in terms of the aforementioned objectives.
D.
Transportation.
(1)
Objectives. The objective of the impact statement
on transportation is to provide the Planning Commission and the Township
Commissioners enough information and data to properly determine:
(a)
The impact generated by the proposed development
on the Township road and street network. The impact on the entire
street network (as well as on streets and roads providing immediate
access) must be thoroughly evaluated.
(b)
The capital improvements to existing transportation
facilities that will be needed because of additional traffic volumes
generated by the proposed land development.
(2)
Minimum contents. As a minimum, the impact statement
should include the following:
(a)
Existing twenty-four-hour and peak-hour traffic
volume data for all roads and streets which provide direct access
to the proposed land development and for the feeders, collectors and
major arteries which will serve it.
(c)
Assignment of future twenty-four-hour and peak-hour volumes to the feeders, collectors and major arteries and access streets that will serve the proposed land development based on the estimates from Subsection D(2)(b) above and estimate of normal growth in overall traffic volumes.
(d)
Projected twenty-four-hour and peak-hour turning
movement data for all access points proposed for the land development.
(e)
Capacity analyses of major intersections in
the Township which will be impacted by the additional volumes generated
by the proposed land development.
(f)
Data about existing accident levels at these
intersections categorized by accident type for each intersection.
(g)
Description of the improvements to roads, streets
and intersections that will be required in order to avoid problems
of traffic congestion and traffic safety that might be generated by
traffic from the proposed land development.
(h)
Cost estimates of any proposed improvements
that will be required.
(i)
Description of any actions proposed or offered
by the applicant to alleviate any burdens caused by the impact of
the proposed land development on the transportation network.
(j)
Written text to interpret the information and
data presented in terms of the aforementioned objectives.
E.
Schools.
(1)
Objective. The objective of the impact statement for
schools is to provide the Planning Commission and Township Commissioners
enough information and data to properly evaluate the impact that the
proposed development will have on the Pottsgrove School District and
to assure that adequate school facilities will be available to service
the proposed land development.
(2)
Minimum contents. As a minimum, the impact statement
should include the following:
(a)
Family profile for the proposed land development
which includes a detailed description of the anticipated family structure.
(c)
Capacity data categorized by type of school
for the entire school district and capacity data for each individual
school facility likely to serve the proposed land development.
(d)
School district projections of estimated enrollments
grade by grade and school by school for each of the next six years.
(e)
Grade-by-grade estimates of the number of school
enrollments to be generated by the proposed land development in each
of the next six years. The source of per-unit statistics and the methodology
used to project estimates should be clearly described.
(f)
A comparison of school district projections [Subsection E(2)(d) above] with increases in enrollments to be generated by the proposed land development [Subsection E(2)(e) above] and a statement about whether or not the current projections of the school district seem to take into account the enrollment growth to be generated by the proposed land development.
(g)
Descriptions of any expansion plans that the
school district may have.
(h)
Comparisons of existing and planned capacities
with the growth in enrollments estimated for the proposed land development.
(i)
A description of any new school facilities that
will be needed to serve the enrollment growth generated by the proposed
land development.
(k)
Estimates of day-care and/or nursery school
facilities that may be needed to service the proposed land development.
(l)
Descriptions of any actions proposed or offered
by the applicant to alleviate any burdens caused by the impact of
the proposed land development on the school district and school facilities.
(m)
Written text to interpret the information and
data presented in terms of the aforementioned objectives.
F.
Commercial facilities.
(1)
Objectives. The objective of the impact statement
on commercial facilities is to provide the Planning Commission and
Township Commissioners with enough information and data to evaluate
the impact of the proposed land development on commercial facilities
and to assure that a serious imbalance of residential and commercial
land uses will not be created.
(2)
Minimum content. The impact statement should contain
consumer expenditure estimates, statistics and calculations as follows:
(b)
Descriptions of the amounts of these services
currently available in the Township or in nearby areas.
(c)
Analysis of how the estimated demand for the
commercial services will be met, including the impact on the commercial
aspects of the Township's Comprehensive Plan and estimates of the
amounts of new commercial construction that will be generated by the
proposed land development.
G.
Economy.
(1)
Objective. The objective of the impact statement on
economy is to provide the Township Planning Commission and Township
Commissioners with enough information and data to adequately evaluate
the relationships between the proposed land development and the economy
of the Township and the greater Pottstown area and to determine and
evaluate the impact of the proposed land development on the economy
of the Township and area.
(2)
Minimum contents. As a minimum, the impact statement
on economy should contain:
(a)
A statement concerning the reason the applicant
has chosen Lower Pottsgrove for the location of the proposed land
development.
(b)
Data about the size and characteristics of the
labor force in the Township and greater Pottstown area.
(c)
Estimates of the size and characteristics of
the labor force that will live in the proposed land development.
(d)
Analysis of employment locations for the labor
force that will live in the proposed land development, i.e., of where
the labor force will work.
(e)
Estimates of the number and types of new jobs
that will be directly generated by the proposed land development.
(f)
Data about the classification of family incomes
in the Township and greater Pottstown area and an analysis of the
impact of the proposed land development on family incomes.
(g)
Data about the Township and greater Pottstown
area housing supply, including data about owner-renter composition,
rental levels and values of housing units and an analysis of the impact
of the proposed land development on the housing supply.
(h)
A statement or analysis concerning the relationship
between the proposed land development and the demand for new housing
in the greater Pottstown area.
(i)
Text or other written material relating the
above data and information to the aforementioned objectives.
H.
Community facilities.
(1)
Objectives. The objective of the impact statement
on community facilities is to provide the Township Planning Commission
and the Township Commissioners with enough information and data to
permit them to evaluate the impact that the proposed land development
will have on community facilities and to assure that adequate community
facilities are available to serve the residents of the proposed land
development.
(2)
Minimum content. As a minimum, the impact statement
should provide:
(a)
A full description of how water service will
be provided to the proposed land development, including descriptions
of new system-wide improvements that will be required to service the
land development and the estimated cost of providing such improvements.
(b)
Description of the impact of servicing the proposed
land development on the system's surplus capacity; water pressures
throughout the system; increased maintenance needs; and customer service
rates.
(c)
A full description of how sewer service will
be provided to the proposed land development including descriptions
of new, system-wide improvements that will be required to service
the land development and the estimated cost of providing such improvements.
(d)
Description of the impact of servicing the proposed
land development on the capacity of treatment facilities, the capacities
of major collector pipes and pumping stations, increased maintenance
needs and customer service rates.
(e)
Preliminary plans illustrating the proposed
provisions for storm drainage.
(f)
A stormwater runoff analysis comparing the runoff
from the site in its existing, natural state to the runoff from the
developed site. The one-hundred-year storm should be used for the
comparison and hydrography for twenty-four-hour, twelve-hour, six-hour
and three-hour duration of the storm should be prepared. The runoff
analysis should also describe any external runoff that passes through
the site and determine the impact of the proposed storm drainage improvements
on external runoff for the same storm intensities.
(g)
Documentation from utility companies regarding
the availability of electric and gas services.
(h)
A description of the medical facilities which
will be required compared with those services that will be available
to the residents of the proposed land development.
(i)
A description of the library facilities that
will be available to the residents of the proposed land development.
(j)
A description of any measures offered by the
applicant to offset any adverse impacts on community facilities.
(k)
Text or other written material relating the
above data and information to the aforementioned objectives.
I.
Police and fire.
(1)
Objectives. To provide the Township Planning Commission
and Township Commissioners with adequate information and data for
the Township to determine:
(a)
Adequate fire and police protection can be provided
to the residents of the proposed land development.
(b)
Police and fire protection services will not
be overburdened.
(c)
The extent of capital improvements or increases
in services that will be needed to adequately service the proposed
land development.
(2)
Minimum contents. As a minimum, the impact statement
shall include:
(a)
Estimated number of crimes against property
(thefts, vandalism, etc.) which can be expected as a result of the
proposed land development and resultant number of additional police
calls expected (based on proportion of crimes normally reported).
(b)
Description of any internal security measures
which will be provided to the proposed land development.
(c)
Estimate of new personnel which will be needed
to serve the land development (including source of standards used
to derive estimates).
(d)
Estimated number of fires per year in proposed
land development.
(e)
Description of the present equipment's capability
to handle the additional load which will result from the proposed
land development. The impact on the availability and type of existing
police, fire and other emergency equipment should be considered.
(f)
Adequacy of existing equipment to handle additional
load (police, fire and other emergency equipment) and what deficiencies
will result from new development. (Will the amount and type of present
equipment be adequate?)
(g)
Any contributions the developer intends to make
to alleviate manpower and equipment shortages.
(h)
Adequacy of Township fire codes and description
of additional inspection responsibilities that will be generated by
proposed land development.
(i)
Description of water system's ability to provide
adequate fire protection, including data about pressures and durations.
(j)
Written text to interpret the information and
data presented in terms of the aforementioned objectives.
J.
Recreation.
(1)
Objective. The objective of the impact statement concerning
recreation is to provide sufficient information and data for the Planning
Commission and the Township Commissioners to adequately evaluate:
(2)
Minimum content. As a minimum, the impact statement
should include the following:
(a)
A description of the projected age breakdown
of residents.
(b)
Description of any recreation facilities to
be provided by the developer.
(c)
A description of who the responsible party(ies)
will be for maintenance of any recreation facilities to be provided
by the developer.
(d)
Description of existing municipal recreation
facilities and the impact of proposed land development on these facilities.
Accepted standards for required recreation shall be used as a measure
of impact. (A source for current standards applicable to the Township
which may be consulted is the Draft Resource Protection Plan published
by MCPC, the section concerning "Outdoor Recreation.")
(e)
Discussion of potential for any recreational
facilities to be provided by the developer to compensate for any anticipated
deficiencies of the Township's recreational facilities.
(f)
Description of accessibility of developer-proposed
facilities to general Township residents.
(g)
Description of any contributions the developer
plans to make for Township recreation to compensate for expected impacts.
(h)
Written text to supplement and interpret the
information and data presented in terms of the aforementioned objectives.
K.
Cost-revenue analysis.
(1)
Objective. The objective of the portion of the impact
statement requiring a cost-revenue analysis is to provide the Planning
Commission, Township Commissioners and Pottsgrove School District
sufficient information to determine what the net cost to the Township
and school district will be in furnishing necessary services and facilities
to the proposed land development. (Net cost is defined as the difference,
whether deficiency or surplus, between government expenditures required
by the proposed land development and revenues it will generate.) If
net cost deficiency exists, the cost burden must be borne by the developer.
(2)
Minimum content. As a minimum, the impact statement
shall include the following:
(a)
A list of all services which will be supplied
to the proposed land development by the Township, joint agencies or
authorities which supply services to the Township and school district.
(b)
A description of the total additional annual
cost for each service. Documentation should include the method for
estimating all such costs.
(c)
A list of all new capital facilities which will
be required as a result of the proposed land development, as well
as the annual costs for providing each. The cost or portion thereof
for any facility to which the developer will make a contribution should
not be included. It should be clearly documented which facilities
would be required of the Township, of joint agencies or authorities,
or of the school district.
(d)
A list categorized by revenue source of the
total estimated revenue to be generated by the proposed land development.
Those which will go to the Township should be clearly differentiated
from those which will go to the school district. Documentation should
include the method for estimating the amount expected for each source
of revenue.
(f)
Written text interpreting the information and
data presented in terms of the aforementioned objectives.
L.
Organization of statement. The impact statement should
be one written document. Necessary maps, charts, etc., should be labeled
as consecutively numbered exhibits and properly referenced throughout
the text of the written document. The statement should be written
in a manner and style that clearly focus the information, date and
analyses on the issues and objectives described above. The sources
of all data should be appropriately documented.
M.
Conducting of survey statement. The survey shall be
conducted by a professional planning agency which is in good standing
as a Pennsylvania-registered landscape architect or a certified planner
by the Commonwealth of Pennsylvania (DCA). The cost of the study shall
be the responsibility of the developer.
[Amended 6-25-1981 by Ord. No. 127-K; 10-5-1992 by Ord. No.
127-R; 7-7-1997 by Ord. No. 206]
A.
Declaration of legislative intent. In expansion of the statement of community development objectives found in Article I, § 250-5, of this chapter, the specific intent of the SS Steep Slope Conservation District shall be to conserve and protect those areas having steep slopes, as defined herein, from inappropriate development and excessive grading, as well as to permit and encourage the use of said areas for open space purposes so as to constitute a harmonious aspect of the continuous physical development of Lower Pottsgrove Township. In implementing these principles and the general purposes of this chapter, the following specific objectives are intended to be accomplished by the adoption of the steep slope conservation provisions:
(1)
To combine with other zoning requirements, as an overlay,
certain restrictions for steep slope areas to promote the general
health, safety and welfare of the residents of Lower Pottsgrove Township.
(2)
To prevent inappropriate development of steep slope
areas in order to avoid potential dangers from human usage caused
by erosion, stream siltation, soil failure, leading to structural
collapse or damage and/or unsanitary conditions and associated hazards.
(3)
To minimize danger to public health and safety by
promoting safe and sanitary drainage.
(4)
To relate the intensity of development to the steepness
of terrain in order to minimize grading, the removal of vegetation,
runoff and erosion and to help ensure the utilization of land in accordance
with its natural capabilities to support development.
(5)
To permit only those uses in steep slope areas that
are compatible with the preservation of existing natural features,
including vegetative cover, by restricting the grading of steep slope
areas.
(6)
To promote the ecological balance among those natural
system elements (such as wildlife, vegetation and aquatic life) that
could be adversely affected by inappropriate development of steep
slope areas.
(7)
To prevent development that would cause excessive
erosion and a resultant reduction in the water-carrying capacity of
the watercourses which flow through or around the Township with the
consequences of increased flood hazards within the Township and to
both up-river and down-river municipalities.
(8)
To protect individuals and adjacent landowners in
the Township and/or other municipalities from the possible harmful
effects of inappropriate grading and development on steep slope areas.
(9)
To protect those individuals who choose, despite the
cited dangers, to develop or occupy land with steep slopes; to protect
residents from property damage and personal injury due to runoff and
erosion and landslides attributable to nearby development on steeply
sloping land.
(10)
To protect the entire Township from inappropriate
development of steep slope areas which could have an effect upon subsequent
expenditures for public works and disaster relief and thus adversely
affect the economic well-being of the Township.
(11)
To promote the provision of safe and reliable
accessways, parking areas and utility systems serving development
on or around steep slope areas where more sensitive grading and siting
is essential.
(12)
To assist in the implementation of pertinent
state laws concerning erosion and sediment control practices, specifically
Chapter 102, "Erosion Control," of the Clean Streams Law, P.L. 1987,
and any subsequent amendments thereto as administered by the Pennsylvania
Department of Environmental Protection and the Montgomery County Conservation
District.
B.
Steep slope conservation provisions. The steep slope
conservation provisions shall be deemed to apply in any zoning district(s)
now or hereafter enacted to regulate the use of land in Lower Pottsgrove
Township.
(1)
The steep slope conservation provisions shall have
no effect on the permitted uses in the underlying zoning district
except where said uses are intended to be located within the boundaries
of the steep slope conservation provisions, as defined and regulated
herein.
(2)
In those areas of Lower Pottsgrove Township where
the steep slope conservation provisions apply, the requirements of
the steep slope conservation provisions shall supersede the requirements
of the underlying zoning district(s).
(3)
Should the steep slope conservation provisions boundaries
be revised as a result of legislative or administrative actions or
judicial decision, the zoning requirements applicable to the area
in question shall revert to the requirements of the underlying zoning
district(s) without consideration of this section.
(4)
Should the zoning classification(s) of any parcel
or any part thereof on which the steep slope conservation provisions
apply be changed as a result of legislative or administrative actions
or judicial decision, such change(s) in classification shall have
no effect on the steep slope conservation provisions unless an amendment
to said boundaries was included as a part of the proceedings from
which the subsequent change(s) originated.
C.
Boundary interpretation and appeals procedure. An
initial determination as to whether or not the steep slope conservation
provisions apply to a given parcel shall be made by the Zoning Officer
in conjunction with the Township Engineer.
(1)
Any party aggrieved by the decision of the Zoning Officer and Township Engineer, either because of an interpretation of the exact location of the steep slope boundary or because the criteria used in delineating the boundary, as set forth in Subsection E herein, is or has become incorrect because of changes due to natural or other causes, may appeal said decision to the Zoning Hearing Board as provided for in Article XXX of this chapter.
(2)
The burden of proving the incorrectness of the Zoning
Officer's decision shall be on the appellant.
D.
Conservation uses permitted throughout the steep slope
provisions. The following uses shall be permitted in the steep slope
provisions without the submission of an erosion and sediment control
plan and without further steep slope regulations:
(1)
Wildlife sanctuary, woodland preserve, arboretum and
passive recreation areas, including parks but excluding enclosed structures.
(2)
Game farm or hunting preserve for the protection and
propagation of wildlife but excluding enclosed structures.
(3)
Forestry and reforestation in accordance with recognized
soil conservation practices.
(4)
Pasture and controlled grazing of animals in accordance
with recognized soil conservation practices.
(5)
Recreational uses, such as parks with such activities
as hiking, bicycle and bridle trails, camps, picnic areas but excluding
enclosed structures.
(6)
Outdoor plant nursery or orchard in accordance with
recognized soil conservation practices.
(7)
Cultivation and harvesting of crops in accordance
with recognized soil conservation practices.
(8)
Nonstructural accessory uses (except swimming pools)
necessary for the operation and maintenance of the above permitted
uses.
(9)
Similar uses to the above which are in compliance
with the intent of this chapter.
E.
Application of regulations for steep slopes. The requirements of all zoning districts shall be modified in accordance with the provisions of this section on all land having a slope of 15% or more as delineated on the survey of the USGS and the Montgomery County Soil and Conservation Survey (in case of any disputes, a field survey will have to be conducted by the developer) and shown by the applicant on a plan which meets the requirements of a preliminary plan as specified in the Lower Pottsgrove Township Subdivision and Land Development Ordinance (Chapter 215).
(1)
No slopes in excess of 25% shall be built on without
a conditional use, approved by the Board of Commissioners of Lower
Pottsgrove Township.
(2)
The following shall be considered by the Board of
Commissioners in granting a conditional use, if applicable.
(a)
A conditional use will only be granted if development
off the steep slope area is infeasible.
(b)
The building located on the steep slope must
be designed to accommodate the slope and not require extensive grading.
(c)
The development of the site will conform to
a master plan prepared by the applicant that shows the development
of the entire site.
(d)
The existing vegetation on the site will be
retained to the greatest extent possible.
(e)
Access drives will not be permitted in steep
slope areas if an alternative location is available, at the determination
of the Township Engineer.
(f)
The following plans must be submitted for review
to the Township Engineer:
[1]
A plan of the property which indicates existing
grades with contour lines at five-foot maximum intervals and proposed
grades within the area of any proposed activity, disturbance or construction.
All areas of prohibitive and/or precautionary slope shall be shaded
accordingly.
[2]
A site plan indicating existing and proposed
structures, other impervious coverage, storm drainage facilities and
retaining walls. The site plan also shall locate and identify existing
vegetative and ground cover within areas of steep slopes, as well
as proposed landscaping material to be installed.
[Amended 4-5-2021 by Ord. No. 353]
[3]
Plan, profile and typical cross sections of
any proposed street, emergency access or driveway.
F.
AVERAGE SLOPE
CONDITIONAL USE(S)
SLOPE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The slope of land determined according to the following formula:
|
S = 0.0023/A x I x L
| |||
|---|---|---|---|
|
Where
| |||
|
S
|
is the average slope in percent
| ||
|
I
|
is the contour interval in feet as established
by on-site contour survey by a licensed registered surveyor/engineer
| ||
|
L
|
is the combined length in contour lines in feet
| ||
|
A
|
is the area in acres of the parcel being considered
| ||
Those use(s) as authorized by specific written approval of
the Board of Commissioners on prior application submitted in writing
by the applicant.[1]
Existing natural grade over rise and defined in feet. For
the purpose of identifying limits of steep slope areas, a minimum
contour interval of five feet shall be used.
G.
Steep slope regulations for residential uses. In every
residential use, the following regulations shall apply:
[Amended 12-3-2007 by Ord. No. 276]
(1)
Every lot hereafter created by subdivision having
an average slope of at least 15% shall have a net area which meets
the minimum lot area of the underlying district. The net area shall
not include areas of slope greater than 25%, floodplains or wetlands.
The resulting gross lot area must be at least 1.5 times the required
lot area of the underlying district.
(2)
Finished slopes of all cuts and fills shall not exceed
33%, unless the applicant can demonstrate that steeper slopes can
be stabilized and maintained adequately.
(3)
Disturbance to particularly sensitive features of
the site shall be minimized; special emphasis in planning for the
site should be given to the protection of:
(4)
Disturbance shall be minimized where the length or
area of steep slope, both on the site and on adjacent lands within
200 feet of the site, is extensive.
(5)
The proposed development, any impervious ground cover
and the resultant disturbance to the land and existing vegetative
cover will not cause runoff and/or related environmental problems
off the site.
(6)
Removal of or disturbance to existing vegetation on
the site shall be minimized. The proposed impact on existing vegetation
shall be evaluated in terms of the potentially detrimental effects
on slope stability, transpiration and recharge of stormwater, aesthetic
and traditional characteristics of the landscape and existing drainage
patterns. Mitigation measures may be required by the Township as it
deems appropriate.
(7)
Important visual qualities of the site shall, to the
maximum extent feasible, be retained; in addition to vegetation, these
may include hilltops or ridgelines, rock outcroppings and the natural
terrain and contours of the site.
(8)
Road construction shall follow the natural topography
with cuts and grading minimized.
(9)
Innovative, imaginative building techniques that are
well suited to slope conditions shall be encouraged, consistent with
other applicable codes and regulations.
(10)
Before a building permit is issued for any construction
or land disturbance activity on land within or affecting the Steep
Slope Conservation District, the following material, in full or in
pertinent parts, may be required for review and comment by the Township:
(b)
Architectural plans, elevations and sections.
(c)
A statement, signed and sealed by a registered
architect or engineer, explaining the building methods to be used
in overcoming foundation and other structural problems created by
slope conditions, preservation of the natural watersheds, prevention
of soil erosion, and prevention of impermissible water runoff to neighboring
properties and/or streets.
[Amended 4-5-2021 by Ord. No. 3530
(d)
A statement signed by the owner or future occupant
at the time of building permit application that there is a full understanding
of any difficulties associated with access stemming from steep slopes.
H.
Steep slope regulations for nonresidential uses. In every nonresidential use, other than those permitted in Subsection D, the following regulations shall apply:
[Amended 12-3-2007 by Ord. No. 276]
(1)
Any lot having a slope in excess of 15% may only be
developed by granting of a conditional use approval by the Board of
Commissioners of Lower Pottsgrove Township.
I.
Uses and/or structures rendered nonconforming by the adoption of this district. Following the adoption of this section, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified by Subsection D shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located, without consideration of Subsections A through J, inclusive. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article XXIX of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in Subsection G are applied to the expansion or continuance of said nonconforming use or structure.
J.
Municipal liability. The granting of a zoning permit
or approval of a subdivision or land development plan on or near the
Steep Slope Conservation District shall not constitute a representation,
guarantee or warranty of any kind by the Township of Lower Pottsgrove
or by any official or employee thereof of the practicability or safety
of the proposed use and shall create no liability upon Lower Pottsgrove
Township, its officers or employees. The degree of erosion and sediment
control protection intended to be provided by this chapter is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study.
[Added 12-16-1996 by Ord. No. 203; 7-7-1997 by Ord. No.
206]
In recognition of the quasi-public nature of
cellular communications systems, the following regulations shall apply:
A.
Purpose.
(1)
To accommodate the need for cellular communications
antennas while regulating their location and number in the Township.
(2)
To minimize adverse visual effects of cellular communications
antennas and antenna support structures through proper design, siting
and vegetative screening.
(3)
To avoid potential damage to adjacent properties from
antenna support structure failure and falling ice through engineering
and proper siting of antenna support structures.
(4)
To encourage the joint use of existing and any new
antenna support structures to reduce the number of such structures
needed in the future.
B.
Use regulations.
(1)
A cell site with antenna that is attached to an existing
communications tower, smokestack, water tower or other tall structure
is permitted in all zoning districts. The height of the antenna shall
not exceed the height of the existing structure by more than 15 feet.
If the antenna is to be mounted or, an existing structure, a full
site plan shall not be required.
(2)
A cell site with antenna that is either not mounted
on an existing structure, or is more than 15 feet higher than the
structure on which it is mounted, is permitted by special exception
in all zoning districts.
(3)
All other uses ancillary to the antenna and associated
equipment (including a business office, maintenance depot, vehicle
storage, etc.) are prohibited from the cell site, unless otherwise
permitted in the zoning district in which the cell site is located.
C.
Standards for approval of special exceptions.
(1)
The cellular communications company and/or applicant
is required to demonstrate, using technological evidence, that the
antenna must be located where it is proposed in order to satisfy its
function in the company's and/or applicant's grid system.
(2)
If the cellular communications company and/or applicant
proposes to build a tower (as opposed to mounting the antenna on an
existing structure), it is required to demonstrate that it contacted
the owners of the tall structures within a 1/4 mile radius from the
proposed site, requested permission to install the antenna on those
structures, and was denied for reasons other than economic reasons.
Tall structures include, but are not limited to, smokestacks, water
towers, tall buildings, antenna support structures of other cellular
communications companies, other communications towers (fire, police,
etc.), and other tall structures. The Zoning Officer may deny the
application to construct a new tower if the applicant has not made
a good faith effort to mount the antenna on an existing structure.
D.
Standards for approval of all cellular communications
antennas.
(1)
Antenna height. The applicant shall demonstrate that
the antenna is the minimum height required to function satisfactorily.
No antenna that is taller than this minimum height shall be approved.
(2)
Setbacks from base of antenna support structure. If
a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the base of the support structure or any guy wire anchors and any
property line shall be the largest of the following:
(3)
Antenna support structure safety. The applicant shall
demonstrate that the proposed antenna and support structure are safe
and the surrounding areas will not be affected negatively by support
structure failure, falling ice or other debris, electromagnetic fields
or radio frequency interference. All support structure shall be fitted
with anticlimbing devices, as approved by the manufacturers.
(4)
Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be between six and eight feet in height, and shall otherwise comply with the height regulations set forth in § 250-23, Fences and walls, of this chapter.
(5)
Landscaping. Landscaping shall be required to screen as much of the support structure as possible. Screening should be planted near the fence surrounding the support structure and any other ground-level features (such as a building) and, in general, to soften the appearance of the cell site. The landscape screening shall comply with § 250-26, Landscaping, of this chapter and Chapter 215, Subdivision and Land Development, Article X, Landscape regulations, of this Code of the Township of Lower Pottsgrove.
(6)
In order to reduce the number of antenna support structures
needed in the community in the future, the proposed support structure
shall be required to accommodate other users, including other cellular
communications companies and the local police, fire and ambulance
companies.
(7)
The cellular communications company and/or other applicant
must demonstrate that it is licensed by the Federal Communications
Commission and that it is in compliance with any requirements of the
Federal Aviation Administration and the Airport Overlay Zoning District
requirements of this chapter.
(8)
Required parking. If the cell site is fully automated,
adequate parking shall be required for maintenance workers. If the
site is not automated, the number of required parking spaces shall
be equal to the number of people on the largest shift.
(9)
Antenna support structures under 200 feet in height
shall be painted silver or shall have a galvanized finish retained
in order to reduce the visual impact. Support structures may be painted
green up to the height of nearby trees. Support structures 200 feet
in height or taller or those near airports shall meet all Federal
Aviation Administration regulations. No antenna support structure
may be artificially lighted, except when required by the Federal Aviation
Administration.
(10)
A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required by the Subdivision and Land Development Ordinance (Chapter 215). The site plan shall not be required if the antenna is to be mounted onto an existing structure.
(11)
The applicant shall be required to assure removal
of the tower and support structure if use of the tower is discontinued.
[Added 6-3-2002 by Ord. No. 233]
A.
Declaration of legislative intent. In expansion of the declaration of legislative intent contained in § 250-3 of this chapter and the community development objectives contained in § 250-5 of this chapter, it is hereby declared to be the intent of this section to require and establish a minimum criteria for the installation, use and maintenance of exterior lighting in Lower Pottsgrove Township, the purposes of which are the following:
(1)
Provide 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 that shine in their eyes and thereby impair
safe traverse.
(3)
Protect neighbors and the night sky from nuisance
glare and stray light from poorly aimed, placed, applied, maintained
or shielded light sources.
(4)
Protect and retain the rural character of Lower Pottsgrove
Township.
B.
Applicability.
(1)
Exterior lighting shall be required for safety and
personal security for uses that operate during hours of darkness where
there is public assembly and traverse, including, but not limited
to, the following uses: multifamily residential, commercial, industrial,
public-recreational and institutional.
(2)
The Lower Pottsgrove Board of Commissioners may require
that lighting be incorporated for other uses or locations, as it deems
necessary.
(3)
The glare-control requirements herein contained apply
to lighting in all above-mentioned uses as well as, but not limited
to, sign, architectural, landscape, and residential lighting.
(4)
All business, residential and community driveway,
sidewalk and property luminaries should be installed with the idea
of being a "good neighbor" with attempts to keep unnecessary direct
light from shining onto abutting properties or streets.
C.
DIRECT LIGHT
FIXTURE
FLOODLIGHT or SPOTLIGHT
FOOTCANDLE
FULLY SHIELDED LIGHTS
GLARE
HEIGHT OF LUMINAIRE
ILLUMINANCE
INDIRECT LIGHT
LAMP
LIGHT TRESPASS
LUMEN
LUMINAIRE
OUTDOOR LIGHTING
Definitions. The following words and terms, when used
in this section, shall have the following meanings unless the context
clearly indicates otherwise and shall supersede any other definition
within this section in regards to this subject.
Light emitted directly from the lamp, off of the reflector
or reflector diffuser, or through the refractor or diffuser lens of
a luminaire.
The assembly that houses the lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror and/or
a refractor or lens.
Any light fixture or lamp that incorporates a reflector or
a refractor to concentrate the light output into a directed beam in
a particular direction.
A unit of light intensity stated in lumens per square foot
and measurable with an illuminance meter; aka, footcandle or light
meter.
Outdoor light fixtures shielded or constructed so that no
light rays are emitted by the installed fixture at angles above the
horizontal plane as certified by a photometric test report.
The sensation produced by lighting that causes an annoyance,
discomfort or loss in visual performance and visibility to the eye.
The height of a luminaire shall be the vertical distance
from the ground directly above the center line of the luminaire to
the lowest direct-light-emitting part of the luminaire.
The quantity of light measured in footcandles or lux.
Direct light that has been reflected or has scattered off
of other surfaces.
The component of a luminaire that produces the actual light.
The shining of light produced by a luminaire beyond the boundaries
of the property on which it is located.
Measure of brightness of the illumination exiting a bulb.
This is a complete lighting system and includes a lamp or
lamps and a fixture.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
D.
Criteria.
(1)
Illumination levels.
(a)
Lighting where required by this section shall
have intensities and uniformity ratios in accordance with the current
recommended practices of the Illuminating Engineering Society of North
America (IESNA) as contained in the IESNA Lighting Handbook.
(b)
Future amendments to said recommended practices
shall become a part of this section without further action of the
Township.
(c)
Examples of intensities for typical outdoor
applications, as extracted from the eighth edition of the Lighting
Handbook, are presented below.
|
Use/Task
|
Maintained Footcandles1
|
Uniformity
(Average: Minimum)2
| ||
|---|---|---|---|---|
|
Streets, local residential
|
0.4 average
|
6:1
| ||
|
Streets, local commercial
|
0.9 average
|
6:1
| ||
|
Parking, residential, multifamily
| ||||
|
Low vehicular/pedestrian activity
|
0.2 minimum
|
4:1
| ||
|
Medium vehicular/pedestrian activity
|
0.6 minimum
|
4:1
| ||
|
Parking, industrial/ commercial/ institutional/
municipal
| ||||
|
High activity, e.g., regional shopping centers/fast-food
facilities, major athletic/civic/cultural events
|
0.9 minimum
|
4:1
| ||
|
Medium activity, e.g., community shopping centers,
office parks, hospitals, commuter lots, cultural/civic/recreational
events
|
0.6 minimum
|
4:1
| ||
|
Low activity, e.g., neighborhood shopping, industrial
employee parking, schools, church parking
|
0.2 minimum
|
4:1
| ||
|
Walkways and bikeways
|
0.5 average
|
5:1
| ||
|
Building entrances
|
5.0 average
|
—
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
Illumination levels are maintained horizontal
footcandles on the task, e.g., pavement or area surface.
| |
|
2
|
Uniformity ratios dictate that average illuminance
values shall not exceed minimum values by more than the product of
the minimum value and the specified ratio; e.g., for commercial parking
high activity, the average footcandles shall not be in excess of 3.6
(0.9 x 4).
| |
(2)
Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate
to the lighting application and aesthetically acceptable to the Planning
Commission for recommendation to the Board of Commissioners for approval
during preliminary land development review.
(b)
For lighting horizontal tasks such as roadways,
pathways and parking areas, fixtures shall meet IESNA cutoff criteria
(not have more than 2.5% of their light output emitted above 90°
at any lateral angle around the fixture).
(c)
The use of floodlighting, spotlighting, wall-mounted
fixtures, decorative globes and other fixtures not meeting IESNA cutoff
criteria shall be permitted only with the approval of the Board of
Commissioners, based upon acceptable glare control.
(d)
Fixtures shall be equipped with or be capable
of being backfitted with light-directing devices such as shields,
visors or hoods when necessary to redirect offending light distribution.
(3)
Control of nuisance and disabling glare.
(a)
All outdoor lighting, whether or not required
by this section, on private, residential, commercial, industrial,
municipal, recreational or institutional property, 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,
i.e., disabling glare, and so as not to present a hazard to drivers
or pedestrians or a nuisance glare concern to neighboring properties.
(b)
Directional fixtures such as floodlights and
spotlights shall be so installed or aimed that they do not project
their output into the windows of neighboring residences, adjacent
uses, directly skyward or onto a roadway.
(c)
Unless otherwise permitted by the Board of Commissioners,
and except for uses that operate 24 hours a day, lighting shall be
controlled by automatic switching devices such as time clocks or combination
motion detectors and photocells to permit extinguishing offending
sources between 11:00 p.m. and dawn, to mitigate nuisance glare and
sky-lighting consequences.
[Amended 1-3-2022 by Ord. No. 356]
(d)
Except for uses that operate 24 hours a day,
where all-night safety or security lighting is to be provided, the
lighting intensity levels shall not exceed 25% of the levels normally
permitted by this section for the use.
[Amended 1-3-2022 by Ord. No. 356]
(e)
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.
(f)
The intensity of illumination projected onto
a residential use from another property shall not exceed 0.1 vertical
footcandle, measured at 30 inches above the ground at the property
line.
(g)
Externally illuminated billboards shall be lighted
by fixtures mounted at the top of the sign and aimed downward.
[Amended 12-3-2007 by Ord. No. 276]
(h)
Fixtures meeting IESNA cutoff criteria shall
not be mounted in excess of 20 feet above finished grade. Fixtures
not meeting IESNA cutoff criteria shall not be mounted in excess of
16 feet above grade, except as specifically approved by the Board
of Commissioners.
(i)
Fixtures used for architectural lighting, e.g.,
facade, fountain, feature and landscape lighting, shall be aimed so
as not to project their output beyond the objects intended to be illuminated
and shall be extinguished between the hours of 11:00 p.m. and dawn.
(j)
Canopy lighting shall be of the recessed type,
except if otherwise allowed by the Board of Commissioners during preliminary
land development review.
(4)
Installation.
(a)
Lighting fixtures shall not be mounted in excess
of 20 feet above grade.
(b)
Electrical feeds for lighting standards shall
be run underground not overhead.
(c)
Lighting standards in parking areas shall be
placed a minimum of five feet outside paved area or on concrete pedestals
at least 30 inches high above the pavement or suitably protected by
other approved means.
(5)
Maintenance. Lighting fixtures and ancillary equipment
shall be maintained so as to always meet the requirements of this
section.
E.
Residential development fixture placement.
(1)
Streetlighting fixtures in residential developments
shall be placed at the following locations unless otherwise determined
by the Board of Commissioners:
(a)
At the intersection of pubic roads with entrance
roads to the proposed development.
(b)
Intersections involving proposed public or nonpublic
major thoroughfare roads within the proposed development.
(c)
At the apex of the curve of any major thoroughfare
road, public or nonpublic, within the proposed development, having
a minimum of three-hundred-foot horizontal curve.
(d)
Cul-de-sac bulb radii.
(e)
Terminal ends of center median islands having
concrete structure curbing, trees and/or other fixed objects not having
breakaway design for speeds of 25 miles per hour or greater.
F.
Plan submission. Lighting plans submitted to the municipality for review and approval shall include a layout of the proposed fixture locations; isofootcandle plots that demonstrate adequate intensities and uniformity; and manufacturer's catalog cuts that present a description of the equipment, including glare-reduction devices, lamps, switching devices, mounting heights and mounting methods proposed. All proposed land development plans filed in conformance with the Lower Pottsgrove Township Subdivision and Land Development Ordinance (Chapter 215) shall, at the time of preliminary plan submittal, include lighting plans indicating proposed placement of all lighting fixtures incorporated with the above-referenced specifications. The lighting plans shall also provide an engineering detail of fixtures, manufacturer, model and installation of same. All lighting plans shall be reviewed and certified thereon by a professionally certified engineer.
G.
Post-installation inspection. The Township reserves
the right to conduct a post-installation nighttime inspection to verify
compliance with the requirements of this section and, if appropriate,
to require remedial action at no expense to the Township, including,
but not limited to, reimbursement to the Township by the landowner
for the Township's inspection costs and equipment to conduct said
inspection.
H.
Compliance monitoring.
(1)
Safety hazards.
(a)
If the Township judges that a lighting installation
creates a safety or personal security 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 30 days of notification, the Township may levy a fine
for as long as the hazard continues to exist.
(2)
Nuisance glare and inadequate illumination levels.
(a)
When the Township judges that an installation
produces unacceptable levels of nuisance glare, skyward light, excessive
or insufficient illumination levels or otherwise varies from this
section, the Township may cause notification of the person(s) responsible
for the lighting and require appropriate remedial action.
(b)
If the infraction so warrants, the Township may act to have the problem corrected as in § 250-36H(1)(b) above.
[Amended 12-3-2007 by Ord. No. 276]
I.
Streetlight dedication.
(1)
When streetlighting is to be dedicated to the Township,
the applicant shall be responsible for all costs involved in the lighting
of streets and street intersections from the date the first dwelling
is occupied until the date the street is accepted for dedication.
(a)
Upon dedication of public roads, the Township
shall assess the homeowners' association, individual property owners
or corporations, as may be necessary, to collect all revenues required
which are directly or indirectly associated with all costs of each
specific streetlighting fixture. These costs include:
(b)
Prior to dedication, and in the event of the
formation of a homeowners' association and/or property maintenance
declaration, the Township shall require said agency to enter into
an agreement guaranteeing the Township payment of all costs associated
with streetlighting.
J.
Nonconforming lighting. Any lighting fixture or lighting
installation existing on the effective date of this section that does
not conform with the requirements of this section shall be considered
as a lawful nonconforming lighting fixture, subject to the following:
(1)
A nonconforming lighting fixture shall be made to
comply with the requirements of this section when such fixture is
replaced, relocated or repaired.
