This chapter shall not apply to any existing
or proposed building or extension thereof or to any land used or to
be used by a public utility corporation if, upon petition of the corporation,
the Public Utility Commission shall, after a public hearing, decide
that the present or proposed situation or use of the building or land
in question is reasonably necessary for the convenience or welfare
of the public.
A pump, light standard, air tower, water outlet
or similar installation of a gasoline filling station may be placed
within the required front yard but in no case closer to a street line
than 15 feet.
No lot area shall be so reduced that the area
of the lot or the dimensions of the open spaces shall be smaller than
herein prescribed.
The following regulations shall apply notwithstanding
the district area and width regulations of this chapter:
A.
In all sections of the Township which are served neither
with sanitary sewers nor with public water supply, lots shall have
a minimum area of one acre and a minimum width at the building line
of 150 feet.
B.
In all sections of the Township which are not served
with sanitary sewers but which are served with public water supply,
lots shall have a minimum area of 10,000 square feet and a minimum
width at the building line of 70 feet.
[Amended 5-27-1957 by Ord. No. 45]
A.
Where an unimproved lot is situated between two improved
lots having on each a principal building within 25 feet of the side
boundary line of such unimproved lot which extends into the required
front yard of such unimproved lot and has been so maintained since
the effective date of this chapter, the front yard depth of such unimproved
lot may be the average depth of the front yards of such two adjacent
improved lots, notwithstanding the yard requirements of the district
in which it is located.
B.
Where an unimproved lot adjoins only one improved
lot having a principal building thereon within 25 feet of the common
side lot line which extends into the required front yard of such improved
lot and has been so maintained since the effective date of this chapter,
the front yard depth of such unimproved lot may be the average depth
of the front yard of such adjacent improved lot and the front yard
required for the district in which such unimproved lot is located,
notwithstanding the yard requirements for such district.
One single-family detached dwelling may be erected
and used on any lot located in any LI Limited Industrial District
or HI Heavy Industrial District which is unimproved and held in single
and separate ownership at the effective date of this chapter if permitted
by and subject to the zoning regulations applicable to such lot immediately
prior to the effective date of this chapter, and such lot shall then
be used only for such dwelling purpose and accessory uses customarily
incidental thereto.
No building and no part of a building shall
be erected within or shall project into any 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 one-half (1/2) the required
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 required depth or width
of the yard.
C.
A porte cochere may be erected over a driveway in
a required side yard, provided that such structure is:
D.
A buttress, chimney, cornice, pier or pilaster of
a building may project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows
and balconies may project not more than three feet into a required
yard.
On any corner lot, no wall, fence or other structure
shall be erected or altered and no hedge, tree, shrub or other growth
shall be maintained which may cause danger to traffic on a street
by obscuring the view.
[Amended 8-8-1996 by Ord. No. 96-649; 4-15-2021 by Ord. No. 2021-873]
A.
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 setback or open spaces required by this
chapter, unless that portion of the fence or wall which exceeds six
feet in height has a ratio of open area to solid area of at least
four to one (4:1).
B.
Exceptions.
(1)
Fences or walls erected within the minimum required front yard
setback of any lot shall not exceed four feet in height.
(2)
Where a fence is constructed to screen a residential community/area
or property from any abutting commercial or industrial development/area,
utility/electrical distribution substation, railroad or similar use,
an eight-foot-high solid fence will be permitted with approval by
the Board of Supervisors, provided that:
(a)
The request for such a solid fence or wall shall be submitted
to the Board of Supervisors as part of a development plan or fence
permit application.
(b)
Fences shall be erected in accordance with standard industry
practice.
(c)
For each one foot of solid height, or increment thereof, which
exceeds six feet, a one-foot setback shall be provided from the property
line.
C.
Any portion of a fence construction intended or utilized for the
support of the fence shall be located on the inside of the fence,
facing the principal portion of the tract upon which the fence is
erected. The finished portion of the fence shall face the property
or right-of-way adjacent to the fence.
D.
Barbed wire, razor wire, electrified fences, fence spikes or other types of hazardous fencing are prohibited without the approval of the Board of Supervisors and follow the procedure outlined in § 165-208B(2).
A.
Accessory uses authorized in this chapter shall include,
but not by way of limitation, the following:
(1)
Uses accessory to agriculture: greenhouse; roadside
stand for sale of products produced on the premises; keeping, breeding
and management of livestock and poultry but only in such quantities
and to such extent as are customarily incidental to the principal
use; preparation of products produced on the premises for the disposal
thereof by marketing or otherwise.
(2)
Uses accessory to dwelling.
[Amended 11-17-1975 by Ord. No. 75-350]
(a)
Private garage, private parking space, shelter
for common household pets, storage sheds, above- and in-ground swimming
pools, tennis courts, satellite-receiving antennas and dog runs.
[Amended 5-8-1978 by Ord. No. 78-383; 6-15-1987 by Ord. No.
87-516]
(b)
Private greenhouse.
(c)
Living quarters within the dwelling for household
employees, caretakers or watch men.
(d)
When authorized as a special exception by the
Zoning Hearing Board, professional office or studio of a doctor, dentist,
minister, teacher, artist, architect, landscape architect, musician,
lawyer, engineer or practitioner of a similar character or rooms for
home occupations, provided that such office, studio or rooms are located
in a dwelling in which the practitioner resides, and provided further
that no goods are publicly displayed on the premises.[1]
[Amended 5-8-1978 by Ord. No. 78-383]
[1]
Editor's Note: Original Subsection B5, authorizing
the renting of rooms, which immediately followed this subsection,
was repealed 6-15-1987 by Ord. No. 87-515.
(e)
The keeping of and shelters for farm animals
other than common household pets, when authorized as a special exception
by the Zoning Hearing Board.
[Added 2-23-1976 by Ord. No. 76-354]
(3)
Uses accessory to public park, etc.: customary
recreational, refreshment and service uses and building in any public
park, reservation, playground or other recreational area.[2]
[2]
Editor's Note: Original Subsection D, Temporary
Uses, which immediately followed this subsection, as added 11-20-1972
by Ord. No. 72-3O3, was repealed 5-8-1978 by Ord. No. 78-383.
B.
Uses authorized in this chapter as accessory to a
dwelling shall not be deemed to include a business or personal service
shop.
C.
A nonprimary wagering location, as described in the
Race Horse Industry Reform Act, 4 Pa. C.S. § 325.101, et.
seq., specifically § 218(g)(5)(ii), shall not be permitted
as an accessory use.
[Added 2-4-1999 by Ord. No. 99-680]
[Added 5-8-1978 by Ord. No. 78-383[1]]
Buildings in nonresidential districts which
abut a railroad right-of-way may encroach into side or rear yard setback
requirements for the purpose of providing access to the railroad right-of-way.
[1]
Editor's Note: This ordinance also repealed
original Section 1710, Prohibited Uses.
[Amended 6-15-1987 by Ord. No. 87-515]
Vehicular ingress and egress between any lot and an abutting street, for any use permitted by this chapter, shall be so located and so designed as to further the purpose of this chapter as set forth in § 165-2 of Article I herein. In order to provide for sufficient and safe ingress, egress and circulation for emergency vehicles in all developments other than single-family detached residential developments, the requirement for all affected side yards shall be increased by the dimension necessary to provide a sufficient circulation pattern surrounding all sides of proposed structures at a grade not greater than 5%. The Township Engineer and the Township Chief Fire Marshal/Risk Manager shall determine whether the side yards proposed by an applicant provide the necessary circulation pattern. The circulation patterns shall be paved in a manner adequate to support passage and operation of emergency vehicles, as approved by the Township Engineer. The circulation patterns shall be posted to be kept free and clear for the passage of emergency vehicles in a manner approved by the Chief Fire Marshal.
A single-family detached dwelling existing on
the effective date of this chapter may be converted into and used
as a two-family or multifamily dwelling when authorized as a special
exception, provided that:
A.
The plans for the conversion of said dwelling shall
be submitted to the Zoning Hearing Board.
[Amended 2-10-1969 by Ord. No. 69-230]
B.
Such plans shall provide adequate and suitable parking
or storage space, at a safe distance from the public highway, for
not less than one automobile per family.
C.
Such dwelling shall be subject to the height, area,
width and yard regulations effective in the district wherein such
dwelling is situated, except that there shall be a lot area of not
less than the product of the minimum lot area prescribed in the district
regulations and the number of families for the use of which such dwelling
is to be converted.
D.
There shall be no external alteration of the building
except as may be necessary for reasons of safety, and fire escapes
and outside stairways shall, where practicable, be located to the
rear of the building.
E.
The Zoning Hearing Board shall specify the maximum
number of families permitted to occupy such dwelling and may prescribe
such further conditions and restrictions with respect to the conversion
and use of such dwelling and to the use of the lot as the Board may
consider appropriate.
[Amended 2-10-1969 by Ord. No. 69-230]
[Added 1-7-1974 by Ord. No. 74-322;
amended 11-8-1976 by Ord. No. 76-361; 5-8-1978 by Ord. No. 78-383; 12-31-1979 by Ord. No.
79-403; 1-19-1981 by Ord. No. 81-418; 6-15-1987 by Ord. No.
87-516]
A.
Notwithstanding the provisions of this chapter regulating
use, the Board of Supervisors may, in its sole discretion, after application
thereto, issue a temporary use permit to allow any lawful use within
any district of the Township. Such permit shall be valid for a time
period to be set by the Board of Supervisors after review of the application,
with a maximum period of one year. Temporary uses may be conducted
within a temporary building or structure of any approved type of construction.
Such structures may be not more than one story in height and may be
erected and maintained in such a manner and in such a position as
to properly safeguard the public and all surrounding buildings. Such
structures may be placed upon the property subject to conditions specified
by the Board of Supervisors relating to ingress, egress, parking and
other matters deemed necessary by the Board of Supervisors.
B.
In NC, LC and GC Commercial Districts and SC Shopping
Center Districts, a sixty-day temporary use permit may be issued for
the outdoor sale of Christmas trees, greenery and wreaths. Such permits
shall not be issued before November 1 of any calendar year.
[Amended 3-26-2015 by Ord. No. 2015-837]
C.
In NC, LC and GC Commercial Districts and SC Shopping
Center Districts, a ten-day temporary use permit may be issued for
the outdoor sale of Easter and/or Mother's Day flowers and plants.
Such permits shall not be issued more than two weeks before the date
of the holiday.
[Amended 3-26-2015 by Ord. No. 2015-837]
D.
Application for temporary use permits shall be made on forms furnished by the Township and shall be executed by the landowner, as well as the tenant or land user if a different person. Applications shall be made to the Township Building Official, who shall refer applications made pursuant to Subsection A above to the Board of Supervisors or who shall be empowered to issue permits for applications made pursuant to Subsections B and C above. No permit shall be issued until the application fee set forth in the current fee schedule has been paid and until the applicant has deposited in escrow with the Township $125 by cash or certified check to guarantee the restoration of the area to its former condition or the removal of the temporary building or structure upon termination of the permit. Such cleaning and restoration or removal shall be accomplished within five days of the expiration of the permit. Failure to comply with any of the aforesaid requirements or conditions shall constitute a violation of this chapter and shall be authority for the Township to cause the applicant to forfeit the escrow deposit. All applicants shall be required to provide safe and adequate off-street parking as determined by the Township Building Official.
[Added 1-31-1977 by Ord. No. 77-368;
amended 6-15-1987 by Ord. No. 87-516; 8-12-1993 by Ord. No. 93-616]
The green areas required by any parking requirement and the green areas required by § 165-198 may be reduced by the Board of Supervisors as a part of land development plan review and upon proof from the applicant that the subject land has subsurface conditions consisting of sinkholes, voids or other similar conditions requiring special engineering for surface construction in order to retain, channel or otherwise direct surface water drain off so as to prevent the indiscriminate discharge of such surface waters into the subsurface, thereby preventing the aggravation of sinkholes or voids. The applicant's proof shall include a plan showing that stormwater management shall be handled in a manner that is acceptable to the Township. When such proof is submitted, the Board of Supervisors may reduce the green area requirements to not less than 10% of the entire tract.
A.
Intent.
(1)
The intent of this section is to require and set standards for
temporary and permanent outdoor lighting in places where public health,
safety and welfare are potential concerns. The outdoor lighting ordinance
shall protect drivers and pedestrians from the glare of nonvehicular
light sources that shine into their eyes and thereby impair safe traverse
and protect neighbors and the night sky from nuisance glare and stray
light from poorly aimed, placed, applied, maintained or shielded light
sources.
(2)
The enforcement of this section is intended to be primarily,
but not solely, on a complaint basis.
B.
Applicability.
(2)
The Township may require lighting to be incorporated for other
uses or locations, as deemed necessary.
(3)
The requirements contained herein apply to lighting in all above-mentioned
uses as well as, but not limited to, sign, architectural, and landscape
lighting.
(4)
The requirements herein do not apply to streetlights and traffic
lights located in the public right-of-way and owned by Upper Merion
Township.
(5)
Emergency lighting, as may be required by any public agency
or utility company while engaged in the performance of their duties,
is exempt from the requirements of this section.
(6)
Seasonal holiday lighting or illumination of the American and
state flags shall be exempt from the requirements of this section,
provided that such lighting does not produce glare on roadways and
neighboring residential properties.
C.
ARCHITECTURAL LIGHTING
FOOTCANDLE
GLARE
IESNA FULL CUTOFF
IESNA
ILLUMINANCE
ILLUMINATION TRESPASS
LUMENS
LUMINAIRE
MOUNTING HEIGHT
OUTDOOR ATHLETIC FACILITY LIGHTING FIXTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A lighting arrangement primarily used to highlight a building,
landscape feature, facade, or other feature, and is not used for pedestrian
or vehicular traverse.
A unit of light intensity stated in lumens per square foot
and measurable with an illuminance meter, a.k.a. footcandle or light
meter.
The sensation produced by lighting that causes annoyance,
discomfort or loss in visual performance and visibility to the eye.
A lighting fixture standard whereby the fixture is shielded
in such a manner that no light is emitted above a horizontal plane
passing through the lowest point of the light-emitting element, so
that direct light emitted above the horizontal plane is eliminated.
Illuminating Engineering Society of North America.
The quantity of light measured in footcandles or lux.
Light emitted by a luminaire or installation, which is cast
beyond the boundaries of the property on which the lighting installation
is sited.
As used in the context of this section, the light-output
rating of a lamp (light bulb) or light source.
A complete lighting unit.
The distance from the finished face of the surface being
illuminated to the optical center of the luminaire.
A lighting fixture used to illuminate the air space and playing
surface of a planned and engineered facility approved by the Township
in which organized athletic events are performed in an open-air and
outdoor field, court, rink, track, pool or other similar setting.
D.
Plan submission.
(1)
Lighting plans shall be submitted for review and approval of any installation of lighting in connection with a land development application for any use identified in Subsection B of this section. Lighting plans shall include the following:
(a)
A site plan, complete with all structures, parking spaces, building
entrances, traffic areas (both vehicular and pedestrian), vegetation
that might interfere with lighting, and adjacent uses that might be
adversely impacted by the lighting, containing a layout of all proposed
fixtures by location and type.
(b)
Description of the proposed equipment shall be included, including
fixture catalog cuts, photometrics, glare-reduction devices, lamps,
and mounting heights.
(c)
When requested by appropriate officers or agents of the Township,
the applicant shall also submit a visual-impact plan that demonstrates
appropriate steps have been taken to mitigate on-site and off-site
glare, including but not limited to a plot plan with a matrix of the
calculated footcandles with measurements 10 feet into the neighboring
properties, including those on the opposite side of a public right-of-way
or public roadway, at five feet above ground.
(2)
Notification must be sent to the Township Planner before any
post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment are made. Post-approval alterations
or intended substitutions to the approved lighting plan must meet
the requirements of the originally approved plan.
E.
Design standards.
(1)
All lighting fixtures for off-street parking areas, off-street
loading areas, driveways, and for safety of persons and property must
meet IESNA full cutoff.
(2)
All fixtures for pedestrian areas and walkways must meet IESNA
full cutoff.
(3)
The maximum height of light fixtures, including the mounting
base, is as follows:
(a)
Full-cutoff fixtures with 44,000 lumen lamps maximum, in parking
lots: 20 feet AFG.
(b)
Full-cutoff fixtures with 115,000 lumen lamps maximum shall
be permitted only in large (100 spaces or more) commercial, institutional
and industrial parking lots, except when the facility is adjacent
to a residential district or use or an environmentally sensitive area:
not less than 25 feet nor more than 30 feet AFG.
(c)
Mounting heights of 25 feet to 30 feet shall not be permitted
when located less than 100 feet from a residential district or use.
(d)
Decorative, cutoff or fully shielded fixtures with 17,500 lumen
lamps maximum: 16 feet AFG.
(e)
Fully shielded bollard fixtures with 6,200 lumen lamps maximum:
42 inches AFG.
F.
Performance standards.
(1)
All lighting shall be effectively shielded and shall be installed
and/or aimed so as to shield nearby public or private properties from
direct glare that may create a safety hazard.
(2)
Illumination trespass standards from one property to another
shall be as follows:
(a)
In no case shall illumination exceed 0.5 footcandle, when measured,
line of sight, at the property line of an aggrieved property of nonresidential
use.
(b)
In no case shall illumination exceed 0.3 footcandle, when measured,
line of sight, at the property line of an aggrieved property of residential
use, except between properties that share a lot line with no required
setback, in which case it shall not exceed two footcandles.
(3)
The use of floodlights and wall-mounted luminaries shall not
be permitted to illuminate parking areas unless it can be proven to
the satisfaction of the Township that the employment of no other means
is possible.
(4)
Architectural lighting, as defined by this section, shall be
aimed or directed so as to preclude light projection beyond the immediate
object or objects intended to be illuminated. All such lighting shall
be extinguished between the hours of 11:00 p.m. and 6:00 a.m.
(5)
Glare control shall be accomplished primarily through the proper
selection and application of lighting equipment. Only after those
means have been exhausted shall vegetation, fences, and similar screening
methods be considered acceptable for reducing glare.
(6)
Under-canopy lighting for such applications as gas/service stations,
hotel/theater marquees, and fast-food/bank/drugstore drive-ups shall
be accomplished using flat-lens full-cutoff luminaries aimed straight
down and shielded in such a manner that the lowest opaque edge of
the luminaries shall be below the light source and its light-directing
surfaces, at all lateral angles round the luminaries.
G.
Enforcement and compliance.
(1)
The landowner is responsible if not compliant to the lighting
plan approved by the Board of Supervisors. The Township may conduct
a post-installation inspection to verify compliance of the approved
plan. After installation, the Township, by way of an authorized enforcement
officer, may require the landowner, at the landowner's expense, to
make adjustments, remedial measures, or other means to comply with
the approved lighting plan.
(2)
Notwithstanding the installation date or preexisting conditions of a lighting fixture or arrangement, if the Township determines that the standards set forth in Subsection F are not met, the Township, by way of an authorized enforcement officer, may require the landowner, at the landowner's expense, to make adjustments, remedial measures, or other means to comply with the lighting standards.
(3)
Notwithstanding the above regulations of this section, if at
any time the Township deems a lighting fixture or arrangement to be
a potential safety hazard or nuisance, it may, at the landowner's
expense, require the landowner to make adjustments, remedial measures,
or other means to mitigate or prevent the potential hazard or nuisance.
In determining a potential nuisance, the authorized officer of the
Township must take the following into consideration:
H.
Special regulations for outdoor athletic facilities.
(1)
Proposed outdoor athletic facility lighting fixtures, as defined
by this section, are permitted as a conditional use in any zoning
district, subject to the condition that the applicant can demonstrate
to the Board of Supervisors that the neighboring properties can be
sufficiently protected from any adverse effects.
(2)
Whenever outdoor athletic facility lighting fixtures are proposed,
the Board of Supervisors may require additional screening and buffering
requirements to protect the neighboring properties from glare.
(4)
Outdoor athletic facility lighting fixtures may only be turned
on for official games or practices of a duly registered team in an
organized league recognized by the Township, and only for the specific
playing fields being used.
(5)
Outdoor athletic facility lighting fixtures shall be extinguished
between the hours of 11:00 p.m. and 6:00 a.m.
[1]
Editor's Note: This ordinance also repealed
former § 165-215, Outdoor lighting in nonresidential districts,
added 5-8-1978 by Ord. No. 78-383, and former § 165-216,
Outdoor lighting in residential districts, added 5-8-1978 by Ord.
No. 78-383.
[Added 10-20-2005 by Ord. No. 2005-749]
A.
Intent.
(1)
To require and set standards for noise levels
caused by various land uses in places where public health, safety
and welfare are potential concerns. The Noise Ordinance shall protect
the public from undue discomfort and hardship caused by loud noises
emanating from land uses within Upper Merion Township.
(2)
The enforcement of this section is intended
to be primarily, but not solely, on a complaint basis.
B.
Applicability. Except where specifically exempted
by other jurisdictions, the requirements herein apply to the control
of all sound originating within the limits of Upper Merion Township.
C.
AMBIENT SOUND LEVEL
CYCLICALLY VARYING NOISE
DECIBEL
DEVICE
EMERGENCY VEHICLE
EMERGENCY WORK
IMPULSIVE NOISE
MOTOR VEHICLE
NOISE
PLAINLY AUDIBLE NOISE
PURE TONE
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE
STATIONARY NOISE SOURCE
Definitions. All terminology used in this chapter
and not defined below shall be in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor
body. As used in this chapter, the following terms shall have the
meanings indicated herein:
The composite or normal or existing sound from all sources
measured at a given location for a specific time of the day or night.
Steady, fluctuating or impulsive noise which may or may not
contain a pure tone and which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
The logarithmic and dimensionless unit of measurement often
used in describing the loudness of sound. Decibel is denoted as dB.
Any mechanism which is intended to produce, or which actually
produces, noise when operated or handled.
A motor vehicle used in response to a public calamity or
to protect persons or property from an imminent exposure to danger.
Work made necessary to restore property to a safe condition
following a public calamity, or work required to protect persons or
property from an imminent exposure to danger.
A noise characterized by brief excursions of sound pressure
whose peak levels exceed the ambience by 10dB. The duration of a single
impulse is usually less than one second and requires the use of a
sound level meter specially adapted for its measurement. Examples
of impulsive sound include but are not limited to gun shots, blasting
and hammering.
Any vehicle which is self-propelled by mechanical power,
or propelled by human power or electric power from overhead wires
or electrified rails, including, but not limited to, passenger cars,
trucks, truck-trailers, trains, semitrailers, campers, motorcycles,
minibikes, go-carts, snowmobiles and racing vehicles.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans or which endangers personal or real property.
Any noise for which the information content of that noise
is unambiguously transferred to the listener, such as, but not limited
to, understanding of spoken speech, comprehension of whether a voice
is raised or normal, or comprehension of musical rhythms.
Any sound which can be distinctly heard as a single pitch
or a set of single pitches. For the purposes of this chapter, a pure
tone shall exist if the one-third octave band sound pressure level
in the band with the tone exceeds the arithmetic average of the sound
pressure levels of the two contiguous one-third octave bands by five
dB for center frequencies of 500 Hz and above, by eight dB for center
frequencies between 160 Hz and 400 Hz and by 15 dB for center frequencies
less than or equal to 125 Hz.
A temporal and spatial oscillation in pressure, or other
physical quantity, in a medium with internal forces that causes compression
and rarefaction of that medium, and which propagates at finite speed
to distant points. The description of sound may include any characteristic
of such sound, including duration, intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C as specified in American National Standards Institute specifications
for sound level meters (ANSI SI.4-1971), or the latest approved revision
thereof). If the frequency weighting employed is not indicated, the
A-weighting shall apply.
An instrument, including a microphone, amplifier, RMS detector
and integrator, time averager, output meter and/or visual display
and weighting networks, that is sensitive to pressure fluctuations.
The instrument reads sound pressure level when properly calibrated.
The sound level meter used for testing purposes in accordance with
this chapter shall meet the current American National Standard Institute
specifications.
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space due
to sound.
Any device, fixed or movable, which is located or is being
used on geographically defined real property other than a public right-of-way.
D.
Performance noise standards.
(1)
It shall be unlawful for any person to operate
or permit to be operated any stationary noise source in such a manner
as to create a sound pressure level which exceeds the limits set forth
for the receiving land use in the following table when measured at
the property boundary. All measurements shall be made with a sound
level meter which is in conformance with the American National Standards
Institute (ANSI) specifications. The minimum time period for measuring
the stationary source of noise shall be five minutes, and where practicable,
the microphone of the sound level meter shall be positioned 5 1/2
feet above the ground level and pointing in the direction of the noise
source.
|
Maximum Continuous Sound Levels by Receiving
Zoning District
| |||
|
Receiving Zoning District Category
|
Time
|
Maximum dBA
| |
|
Residential, public space, open space, or agricultural
|
7:00 a.m. - 9:00 p.m.
|
55
| |
|
9:00 p.m. - 7:00 a.m., plus Sundays and legal
holidays
|
50
| ||
|
Commercial or business
|
7:00 a.m. - 9:00 p.m.
|
72
| |
|
9:00 p.m. - 7:00 a.m., plus Sundays and legal
holidays
|
62
| ||
|
Industrial
|
At all times
|
72
| |
(2)
Correction for character of sound. For any stationary
source of sound which emits a pure tone, a cyclically varying noise
or repetitive impulse noise, the maximum sound-level limits set forth
in the above table shall be reduced by five dBA. For any source of
sound which emits an impulsive sound, the excursions of sound pressure
level shall not exceed 20 dBA over the ambient sound pressure level,
regardless of the time of day or night or receiving land use, using
the fast meter characteristic of a Type II meter, meeting ANSI Specification
SI.4-1971.
E.
Exemptions. The following uses and activities shall
be exempt from the noise regulations of this section:
(1)
Noise of safety signals, warning devices, emergency
pressure relief valves, or other sound needed to alert people about
an emergency;
(2)
Noise resulting from any authorized emergency
vehicle when responding to an emergency call or from any source acting
in time of emergency.
(3)
Noise resulting from emergency work.
(4)
Construction and maintenance operations that comply with § 67-3A(1) and § 107-5 of the Upper Merion Township Code.
(5)
Noise resulting from public festivals, celebrations,
lawful fireworks, and noisemakers, when permitted by the Township
or used for celebration of an official holiday authorized by the Township,
commonwealth, or federal government.
(6)
Unamplified human voices between the hours of
7:00 a.m. and 9:00 p.m.
(7)
Routine and customary ringing of bells and chimes
by a place of worship.
(8)
Noise resulting from any official Township,
school district, or private school athletic, recreational or other
such outdoor activity.
(9)
A snowplow in operation.
(10)
Blasting, only if performed in accordance with
a permit issued by the Pennsylvania Department of Environmental Protection,
the Township or any other governmental agency having jurisdiction.
Such blasting may occur only between the hours of 7:00 a.m. and 5:00
p.m., Monday through Friday, unless specifically authorized at different
times by the DEP permit.
(11)
Any train or aircraft operating pursuant to
commonwealth or federal regulations.
F.
Administration and enforcement. The Board of Supervisors
may delegate to the Upper Merion Township Police Department and/or
to the Township Safety and Codes Enforcement Officer the power to
administer the terms of this chapter, to investigate complaints and
prosecute violations of this chapter. When enforcing the terms of
this chapter, the Police Department and/or Safety and Codes Enforcement
Officer may engage consultants and engineers with experience in measuring
sound levels with the use of sound level meters with the consent of
the Board of Supervisors. Such consultants may have the powers and
authority as delegated by the Police Department or Safety and Codes
Enforcement Officer and may act as the Township's agent for the administration
and enforcement of this chapter.
G.
Permits.
(1)
The Board of Supervisors, upon application from any person, shall have the authority to grant permits for the operation or causation of sound in excess of the maximum permissible sound levels by receiving land use established in Subsection D if the following conditions are met to the satisfaction of the Board:
(a)
The operation or causation of such sound, under
the circumstances, will not severely jeopardize the health, welfare
or safety of the citizens of the Township.
(b)
The denial of such a permit will impose excess
hardship on the applicant, the community or other persons.
(c)
The operation will not have an adverse effect
on a contiguous land use.
(2)
The Board of Supervisors shall have the right
and authority to impose reasonable conditions and restrictions upon
any applicant for a permit in order that the policy of this chapter
be implemented.
[Added 7-12-1982 by Ord. No. 82-433]
Whenever land previously utilized as a landfill
site is planned to be developed in accordance with the provisions
of this chapter, the landowner-developer shall, prior to the approval
of any plan or the issuance of any permit required by this chapter
or any other ordinance, provide a certification by an engineer or
other person qualified to make such certification that the property
in question is free of hazardous gases and materials and that the
use and development of such tract on the landfill site will not adversely
affect those persons occupying the premises after development.
[Added 6-15-1987 by Ord. No. 87-516]
A.
Screening shall be required to minimize or conceal
areas of visual environmental impact or hazardous areas. Examples
of such areas are service areas, outdoor storage areas, outdoor storage
of vehicles, outdoor storage tanks, junkyards, parking areas and outdoor
electrical or other utility equipment.
B.
Screening to prevent or limit access to hazardous
areas shall consist of fencing, walls or other such barriers. Screening
to lessen visual impact shall consist of trees, shrubbery and other
such living landscaping.
C.
Screening designs and materials shall be reviewed
by the Shade Tree and Beautification Commission to ensure compliance
with the requirements of this section. The Shade Tree and Beautification
Commission shall also review the design and materials used in living
barriers to ensure that the planting is suitable for the area and
will survive.
D.
All areas of visual environmental impact shall be
brought into compliance with the requirements of this section.
(1)
Installation of screening is required with 60
days of occupancy of any building on the site. If weather conditions
do not permit planting within 60 days of occupancy, required planting
may be postponed, but in no event shall installation be later than
six months after occupancy of any building on the site.
(2)
Areas of visual environmental impact or hazardous
areas which are nonconforming on the effective date of this section
shall be amortized and brought into compliance within two years from
the effective date of this section.
E.
The Shade Tree Arborist shall inspect all areas to
be screened before installation to ensure that the screening meets
the requirements of this section.
F.
The screening area shall be effectively maintained
to ensure continued screening of the area of visual environmental
impact or hazardous area.
G.
In order that the screening required by this section
shall achieve its purpose, the heights of materials, vehicles or other
objects stored outside a building shall be limited to the lesser of
one unit or six feet in height for stacked multiple units.
[Added 9-28-1995 by Ord. No. 95-635]
A.
Waiver.
(1)
The Board of Supervisors, in its sole discretion,
may waive the requirement for recreation/common open space, or reduce
the required amount of open space, after review and recommendation
by the Planning Commission, provided that the applicant requests such
a waiver or reduction; presents reasonable support for the waiver
or reduction; and agrees to provide one of the following alternatives
to the common open space required by this chapter:
(2)
At the sole discretion of the Board of Supervisors,
the applicant may satisfy the applicant's common open space requirement
with any combination of dedication of common open space; a fee in
lieu of open space; new facilities or upgrades to existing facilities
for common open space; and recreational facilities that are accessible
to the proposed development.
B.
Where the applicant agrees either to contribute a
fee in lieu of common open space or upgrades or improvements to existing
open space and recreational facilities, the amount of the fee or the
value of the upgrades or improvements shall be equal to the fair market
value of the raw, undeveloped land that would have been required for
common open space absent the waiver or reduction. The Board of Supervisors
and the applicant shall attempt to agree on a figure for said fair
market value. If the applicant and the Board of Supervisors cannot
agree on the fair market value, then the applicant shall provide the
Board of Supervisors with an appraisal from an appraiser selected
by the Township, at the applicant's sole expense, and the Board of
Supervisors shall review said appraisal and make a decision as to
fair market value. The appraisal shall be prepared by an MAI real
estate appraiser with no interest, financial or otherwise, in the
affected property or application.
[Added 10-16-1989 by Ord. No. 89-565]
A.
Definitions.
(1)
"Child day-care home" shall be defined as a
dwelling at which child-care services are available on a full- or
part-time basis, whether or not for profit, for no more than six children
who are not permanent residents of the dwelling; provided, however,
that the operator of such services resides at the dwelling where the
services are made available.
(2)
"Child day-care center" shall be defined as
a building in which child-care service are made available on a full-
or part-time basis, whether or not for profit, excluding, however,
day-care homes.
B.
Child day-care home. When authorized by the Zoning
Hearing Board as a special exception, a child day-care home shall
be permitted in any single-family dwelling.
D.
State permits. No use and occupancy permits for a
child day-care home or child day-care center use shall be issued by
the Township pursuant to this section unless the applicant first files
with the Township copies of all required and current state permits
governing the operation.
[Added 2-26-1990 by Ord. No. 90-573]
Bus shelters, which are structures consisting
of at least two transparent walls, covered by a roof, and which are
erected pursuant to agreement with Upper Merion Township for the purpose
of providing temporary shelter for persons waiting for public transportation
vehicles along public highways and rights-of-way or on private property
open to the public, shall be exempt from the requirements of this
chapter.
[Added 6-15-1987 by Ord. No. 87-516]
A.
It shall be unlawful for any person to land, discharge,
load or take off in a helicopter or other rotor-winged aircraft within
the Township except at a helistop when such helistop has been authorized
as a special exception. The grant of a special exception by the Zoning
Hearing Board shall be subject to the following regulations:
(1)
The use of a helistop shall be prohibited in
all agricultural and residential districts, except that such use may
be permitted in conjunction with the lawful use of a hotel in such
district.
(2)
The landing pad must be a minimum of 60 feet
in diameter and must be paved, level and maintained dirt-free. Rooftop
pads shall be free of all loose stone and aggregate. All ground pads
must be surrounded by a four-foot fence. Such fence shall be located
so as not to obstruct the glide angle of a helicopter using the helistop.
(3)
The landing area shall not be permitted closer
than 200 feet to any residential use. Traffic patterns for landing
and takeoff shall, except in emergencies, avoid residential areas,
schools and other heavily populated areas.
(4)
At least two approach lanes to each landing
pad shall be provided and maintained free of obstructions and shall
be located not less than 90° apart, each approach lane to be located
within 45° left or right of the prevailing winds. The approach
lanes shall fan out at an angle of 10° from the width of the landing
pad to a width of 1,000 feet and shall have a glide slope angle of
eight to one (8:1) measured from the outer edge of the pad.
(5)
The applicant shall provide the Zoning Hearing
Board with proof of compliance with all applicable regulations and
licensing procedures of the Federal Aviation Administration and the
Bureau of Aviation of the Pennsylvania Department of Transportation.
Any application for a rooftop helistop shall be accompanied by a certification
from a registered engineer that the loads imposed by the helicopter
can be safely supported by the structure.
(6)
All helicopters shall be operated by fully licensed
and qualified pilots; operation by student pilots is prohibited.
B.
Nothing herein shall prohibit the emergency landing
of helicopters within the Township, provided that, where practicable,
advance notice is given to the Chief of Police and, within 24 hours
of such landing, a written report is filed by the operator with the
Chief of Police giving the reason for such landing.
[Added 8-17-1987 by Ord. No. 87-525;
amended 8-21-1989 by Ord. No. 89-560]
A.
Submittal requirements. An applicant for a conditional use permit shall submit to the Board of Supervisors such plans and supporting documentation as are required to comply with currently adopted standards for land development applications pursuant to Chapter 145. Such plans and supporting documentation shall be sufficient to demonstrate the impact of the proposed use upon the subject property and on the surrounding area as well as its compliance with all other applicable codes and regulations.
B.
Standards for approval. The Board of Supervisors shall
conduct a public hearing pursuant to public notice to hear and decide
all applications for conditional use approval in such cases as are
expressly provided for in this chapter. In reviewing applications
for conditional use approval, the burden of proof shall rest with
the applicant to show compliance with the following standards:
(1)
The conditional use is in accord with the Comprehensive
Plan and any of its implementing or supporting plans or policies.
(2)
The conditional use is harmonious and appropriate
in design, character and appearance with the existing or intended
character and quality of the development in the immediate vicinity
of the subject property and with the physical characteristics of the
subject property.
(3)
The conditional use shall be in compliance with
all requirements enumerated in the provision which gives the right
to seek a conditional use.
(4)
The conditional use complies with the zoning
code requirements of the underlying district in which the property
is located.
(5)
The conditional use complies with all other
applicable criteria and standards of the Upper Merion Township Code,
together with any other applicable state or federal regulations governing
the same.
(6)
The conditional use will not be detrimental
to nor adversely affect other uses of property in the vicinity of
the subject property.
(7)
The conditional use will be served by adequate
public facilities, including streets, water, sanitary sewage, fire
protection, stormwater control, parks and recreation uses and other
public facilities and services. The plan of development shall be properly
designed with regard to internal circulation, parking, building relationships,
landscape architecture, access, buffering, energy efficiency and similar
considerations.
(8)
The conditional use has merit and value for
the community as a whole.
C.
Approval by Board of Supervisors. The Board may impose
such reasonable conditions and safeguards as are necessary to ensure
compliance with the purpose and intent of this chapter and to ensure
compliance with the plans and exhibits presented to the Board by the
applicant in the development of the subject property.
D.
Time limitation. A conditional use permit shall automatically
expire if the applicant fails to file for a building permit or other
necessary development permit within one year from the effective date
of the conditional use permit. The Board of Supervisors may extend
a conditional use permit for a period not to exceed one year for cause
shown, after application and hearing thereon.
E.
Fee schedule. Fees for the submission of an application
for a conditional use permit shall be determined from time to time
by resolution of the Board of Supervisors.
[Added 9-18-2008 by Ord. No. 2008-772]
No-impact home-based business: a business or commercial activity
administered or conducted as an accessory use which is clearly secondary
to the use as a residential dwelling and which involves no customer,
client or patient traffic, whether vehicular or pedestrian, pickup,
delivery or removal functions to or from the premises, in excess of
those normally associated with residential use. The business or commercial
activity must satisfy 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, outdoor storage, or sale of retail goods
and no stockpiling or inventory of a substantial nature that would
create the appearance of a business.
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 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,
including the garage, but may not occupy more than 25% of the habitable
floor area, excluding unfinished basements and garages for calculation
purposes.
H.
The business may not involve any illegal activity.
[Added 4-14-2022 by Ord. No. 2022-879]
A.
Purpose
and findings.
(1)
The use of hookah pipes and other similar devices used in a hookah
bar and the activities associated with such businesses (including
loud music, large numbers of customers congregating for long periods,
etc.) have been associated with increases in odors, noise, vapors,
secondhand smoke, parking impacts, loitering, and disturbances in
the peace. The purpose of this section is to prevent the overconcentration
of this use and to mitigate the negative impacts associated with this
use.
(2)
Smoking and vaping uses expose minors to dangerous secondhand smoke
by-products and increase the potential for minors to associate smoking
of hookah pipes with a normative or healthy lifestyle.
(3)
Tobacco smoke, including secondhand smoke, from hookah pipes contributes
to indoor air pollution and is a significant health hazard and carcinogen
to smokers and nonsmokers alike, including employees and guests of
hookah bars.
(4)
The U.S. Centers for Disease Control and Prevention reports that
smoking a hookah has many of the same health risks as cigarette smoking;
that hookah use by youth is increasing; that the charcoal used to
heat hookah tobacco can have negative health risks because it produces
high levels of carbon monoxide, metals, and carcinogens; that hookah
smokers may absorb more of the toxic substances also found in cigarette
smoke than cigarette smokers do; that secondhand smoke from hookahs
can be a health risk for nonsmokers; and that new forms of electronic
hookah smoking are now on the market and very little information is
available on the health risks of electronic tobacco products.
B.
A hookah
bar, if otherwise permitted by this chapter, shall only be permitted
pursuant to the following regulations and requirements:
(1)
Distance requirement. The parcel of land where the hookah bar is
situated shall be located at least 1,000 feet from parcels containing
the following uses:
(2)
Age requirement. No persons under 21 years of age shall be permitted
within a hookah bar and business owners or operators shall require
proof of identification to verify the age of customers and visitors.
(3)
Parking standards. Parking shall be provided under the standards established for sit-down restaurants under § 165-191B(3)(d)[1], as may be amended.
(4)
Hours of operation. Operating hours shall be limited from 8:00 a.m.
to 12:00 midnight.
(5)
Indoor operation only. All business-related activity, including smoking,
shall be conducted entirely within a building. Outdoor seating, operating
outdoor barbecues or braziers, and/or lighting coals or fires outdoors
shall not be permitted.
(6)
Alcoholic beverages shall not be permitted to be brought onto the
premises for on-premises consumption. The sale and service of alcohol
shall comply with all federal, commonwealth, and local laws.
(7)
Visibility and illumination. No window coverings or signage shall
prevent visibility of the interior of the establishment from the outside
during operating hours. The interior of the establishment shall have
lighting adequate to make the conduct of patrons within the establishment
readily discernible to people of normal visual capabilities.
(8)
Ventilation. Adequate ventilation must be provided in accordance
with all standards imposed by the Township Building Official and Fire
Department, and those establishments by federal, commonwealth and
local laws. The requirements imposed by the Building Official or Fire
Department may be more comprehensive than current building codes to
prevent negative health and nuisance impacts on neighboring properties,
including a requirement for a separate system to prevent smoke and
vapors from migrating to adjoining suites or buildings. The ventilation
shall, at a minimum, prevent smoke and vapors from migrating into
adjacent buildings and/or suites and to outdoor public areas. A mechanical
exhaust hood system shall be required if an establishment heats coals
indoors.
(9)
Noise. Any amplified noise shall be subject to the regulations established
in the Upper Merion Township Code.
[Added 9-18-2008 by Ord. No. 2008-771]
Forestry, as defined in Article II, § 165-5, shall be permitted in any zoning district in the Township, subject to the following regulations and requirements:
A.
Forestry activities: shall be practiced in accordance with accepted
silvicultural principles, through developing, cultivating, harvesting,
transporting, and the selling of trees for commercial purposes. A
woodlot maintenance and management plan shall be filed with the Township
which shall provide measures for erosion and sedimentation control
and the immediate replanting of trees on areas where existing tree
growth has been harvested. In addition, the following information
shall be provided:
B.
Setbacks. Buildings, including accessory structures, and the harvesting
or cutting of timber which is part of any forestry operation within
the Township shall be set back from property lines and road frontages
as follows:
C.
Hours of operation. No forestry operations conducted in the Township
shall commence operations of any machinery utilized in the forestry
business, including motorized vehicles engaged in the business, until
7:00 a.m., and all such operations shall cease by 5:00 p.m., prevailing
time, Monday through Friday, only.
D.
Exterior storage. Any exterior storage of forestry product or by-product
shall comply with all recognized fire standards and safety standards
and shall be screened from view with the plantings of an appropriate
evergreen buffer landscaping.
E.
Deliveries or transport to and from the site. No deliveries to the
location or transportation of product or by-product of the forestry
operation shall be conducted except between the hours of 7:00 a.m.
and 5:00 p.m., prevailing time, Monday through Friday, only.
F.
External illumination. Any external illumination to be placed on
the site as part of or to assist in the forestry operation shall be
shielded from direct visual observation on any adjoining property
or along any adjacent roadway.
G.
Signage and retail operations. Permitted signs shall be limited to
entrance, exit, and directional signs, each of which shall not exceed
12 square feet, nor shall there be greater than three signs per any
street frontage of the mining operation. No retail sale of any product
or by-product of the forestry operation may occur on the premises
where the forestry operation is conducted.
H.
Exemptions. The following activities shall be exempt from regulations
of this section:
(1)
The thinning out of trees or the cutting of firewood on lots
less than one acre in size.
(2)
The activities of partial tree clearing in connection with the
implementation of an approved land development or subdivision plan,
provided that all clearing and regrading is performed in strict compliance
with the approved land development or subdivision plan.
(3)
The activities of general tree maintenance, landscaping, and
tree surgery on residential and commercial properties.
[Added 9-18-2008 by Ord. No. 2008-771]
Mining uses and mining operations and facilities shall be permitted
in the HI Heavy Industrial District, subject to the following regulations
and requirements:
A.
Setbacks. Buildings, including accessory structures and the outward
edge which is a part of any mining operation within the Township shall
be set back from property lines and road frontages as follows:
B.
Hours of operation. No mining operations conducted in the Township
shall commence operations of any machinery utilized in the mining
business, including motorized vehicles engaged in the business, until
7:00 a.m., and all such operations shall cease by 5:00 p.m., prevailing
time, Monday through Friday, only.
C.
Exterior storage. Any exterior storage of mining product or by-product
shall comply with all recognized fire standards and safety standards
and shall be screened from view from adjoining properties with the
plantings of an appropriate evergreen screen.
D.
Deliveries or transport to and from the site. No deliveries to the
location or transportation of product or by-product of the mining
operation shall be conducted except between the hours of 7:00 a.m.
and 5:00 p.m., prevailing time, Monday through Friday, only.
E.
External illumination. Any external illumination to be placed on
the site as part of or to assist in the mining operation shall be
shielded from direct visual observation on any adjoining property
or along any adjacent roadway.
F.
Signage and retail operations. Permitted signs shall be limited to
entrance, exit, and directional signs, each of which shall not exceed
12 square feet, nor shall there be greater than three signs per any
street frontage of the mining operation. No retail sale of any of
the mined materials or any other product or by-product of the mining
operation may occur on the premises where the mining operation is
conducted.
[Added 1-26-2012 by Ord. No. 2012-799]
Flag lots (rear lots) as defined in Article II, § 165-5, shall be permitted in the R-1 and R-1A Residential Districts as a conditional use as set forth in § 165-219.1 and subject to the following requirements:
A.
Access. Each flag lot shall have an access to a public street having
a width of not less than 15 feet and no more than 25 feet.
B.
Minimum flag lot (rear lot) size. The lot area of a flag lot shall
be 1 1/2 times the minimum lot area required for the zoning district
in which it is located and shall not include the area located in the
access strip.
C.
Depth of flag lot (rear lot). No flag lot shall contain an access
strip which extends through or beyond more than one tier of lots.
D.
Stack lot provisions. A maximum of two lots may be stacked, provided
at least one lot shall have frontage to a public street equal to the
minimum required lot width for the district. The remaining lot may
share a common driveway, provided there are reciprocal cross-easements
and maintenance agreements.
E.
If the lots do not share a common driveway, the minimum distance
between the edge of the driveways shall be 20 feet.
F.
The front yard of the flag lot (rear lot) shall be the rear lot line
of the front lot.
G.
The front yard of the flag lot (rear lot) shall be increased 10 feet
from the minimum front yard in the underlying district.
H.
The applicant shall demonstrate that the proposed driveway meets
the requirements for a minimum use driveway as established by PaDOT.
[Added 9-18-2014 by Ord. No. 2014-830; amended 3-26-2015 by Ord. No. 2015-837]
Drive-through restaurants shall be permitted in the LC, GC and
SC Districts. For banking and retail uses, drive-throughs shall be
deemed accessory uses and shall be permitted in the CO, LC, GC, SC,
SM and SM-1 Districts, where those principal uses are permitted, and
in the NC by special exception.
A.
Locational standards.
(1)
Drive-through establishments shall be prohibited within 500
feet of one another when located on and where access is on the same
side of a thoroughfare, unless they share a common driveway and there
is no other access from the thoroughfare to the parcel where the drive-through
restaurant is situated.
(2)
Minimum lot frontage on at least one street shall be 150 feet
for all drive-through establishments, unless the drive-through establishment
is located in a shopping area containing multiple buildings and shared
parking facilities.
B.
Landscaping and buffering.
(1)
All drive-through establishments shall have a minimum buffer area of 15 feet and meet the requirements of property line buffers as set forth in § 145-24.1.
(a)
Any drive-through establishment that is situated on a commercial
property with shared roadway access and shared parking facilities
shall be exempt from this buffer requirement.
(b)
Any exterior speaker/microphone system or menu boards must be
set back at least 40 feet from any perimeter property line and shall
be effectively shielded to prevent the impact of noise and light on
adjacent properties.
C.
Frontage and street access. Ingress and egress shall meet the requirements
of the Upper Merion Subdivision and Land Development Ordinance,[1] as well as the following:
(1)
The subject property shall front on an arterial or collector
road, and access shall not be taken from residential streets.
(2)
All driveway entrances and exits must be set back at least 50
feet from an intersection, measured from the intersection of the street
right-of-way to the nearest end of the curb radius.
(3)
The angle of the driveway intersection with the street shall
be based upon safe traffic movements and shall be approved by the
Township Engineer.
(4)
The minimum distance of any driveway entrance/exit to the property
line shall be 10 feet.
(5)
The minimum distance between driveway entrances/exits on the
site shall be 65 feet, measured from the two closest driveway curbs.
D.
Vehicle stacking lanes.
(1)
All stacking lanes shall be separated from the circulation lanes
necessary for ingress, egress or access to required parking area(s)
using landscaped islands, decorative pavement, pervious islands, curbing
and/or painted lines.
(2)
All stacking lanes shall be distinctly identified as a vehicle
stacking lane for the drive-through establishment.
(3)
All stacking lanes shall be a minimum of 12 feet in width.
(4)
Stacking lanes may not extend into the required front yard setback
and must be located a minimum of 15 feet from the perimeter rear and
side property lines unless the drive-through establishment is located
in a shopping area containing multiple buildings and shared parking
facilities.
(5)
All stacking lanes with separate ordering stations shall have
a bypass (escape) lane a minimum of 10 feet in width located prior
to the ordering station.
(6)
The stacking lane shall be separate from the driveway and shall
not be used for ingress and egress to the site.
(7)
Stacking distance.
(a)
Restaurant. Each stacking lane shall be a minimum of 60 feet
between the ordering station and pickup window and a minimum of 100
feet before the ordering station.
(b)
Cafe. Each stacking lane shall be a minimum of 60 feet between
the ordering station and pickup window and a minimum of 60 feet before
the ordering station.
(c)
Other. Each stacking lane shall be a minimum of 60 feet before
the service window or station.
(8)
The length of the stacking lanes shall be measured along the
center line of the prescribed vehicular path.
E.
Traffic study. A traffic impact study of the internal traffic patterns
in the off-street parking area shall be completed and submitted to
the Township in order to ensure safe access and control of traffic
into and out of the establishment and convenient access to the development
and nearby areas. The traffic impact study shall address the following
issues:
(1)
Nature of the product or service being offered.
(2)
Method by which the product or service is being offered (e.g.,
window service or brought to vehicle by employee).
(3)
Time required to service the typical customer.
(4)
Arrival rate for patrons.
(5)
Peak demand hour.
(6)
Anticipated vehicular stacking required.
(7)
Anticipated traffic generation.
[Added 7-15-2021 by Ord. No. 2021-878]
Bed-and-breakfast facilities, as defined in this chapter, shall
be permitted in single-family residential districts, in accordance
with the following standards.
A.
A bed-and-breakfast
facility shall be permitted only in single-family detached, owner-occupied
dwellings on one or more acres.
B.
The
principal use of the property shall remain that of a single-family
residential dwelling.
C.
The
owners or a representative of the owner of a bed-and-breakfast facility
must be in residence when guests are present.
D.
No
more than eight guest rooms may be offered on any individual residential
property.
E.
One
full bathroom, which shall include one toilet, washbasin, bath and/or
shower, shall be provided for each two guest rooms.
F.
The
length of stay for any guest shall not exceed more than 14 uninterrupted
days.
G.
Accommodations
at the bed-and-breakfast facility may include breakfast prepared on
the premises for the guests and included in the charge for the room.
No meal other than breakfast may be prepared on the premises for the
registered guests. The owner shall comply with all federal, state
and local requirements for the preparation, handling and serving of
food.
H.
Any
amenities such as a tennis court, swimming pool, etc., shall be solely
for the use of the resident owner and guests of the facility.
I.
The
owner shall maintain a current guest register.
J.
No
goods may be publicly displayed for sale on the premises.
K.
One
additional on-site parking space shall be provided for each guest
room.
L.
Each
bed-and-breakfast facility shall comply with all federal, state and
local government regulations.
[Adopted 7-14-2022 by Ord. No. 2022-880]
A.
Title. This section shall be known as, and may be cited as, "The
Upper Merion Township Short-Term Rental Ordinance."
B.
Scope.
(1)
The provisions of this section shall apply to residential dwelling
units, conversions of nonresidential structures to residential dwellings,
and existing premises within the Township of Upper Merion. The owner
of the subject property shall be responsible for compliance with the
provisions of this section and the failure of an owner, agency, managing
agency, local contact person, or renting occupants to comply with
the provisions of this section shall be deemed noncompliance by the
owner.
(2)
This section shall not apply to property located in any residential
zoning district, and short-term rentals shall be specifically prohibited
in the following districts:
C.
DWELLING UNIT
SHORT-TERM RENTAL
SHORT-TERM RENTAL PERMIT
Definitions. For the purposes of this section, words and terms used
herein shall be interpreted as follows:
A residential living area for one household that is used
for living and sleeping purposes, which has its own cooking facilities,
a bathroom with a toilet and bathtub and/or shower.
Any dwelling unit utilized as a single-family residence that
is used or otherwise available for rental, leasing, or subleasing,
or otherwise marketed as being available for rental, leasing, or subleasing,
for the purpose of overnight lodging for a period of 29 days or less.
Permission granted by the Township to utilize a dwelling
unit for short-term rental use.
D.
Permit required. No owner of any property in the Township shall operate
a short-term rental in Township without first obtaining and thereafter
maintaining a short-term rental permit from the Zoning Officer. Operation
of a short-term rental without an active short-term rental permit
is a violation of this section and the Township Zoning Ordinance.
Permits may be transferable to any new owner of the property within
90 days of its issuance.
E.
Permit requirements.
(1)
Short-term rental permit applications shall contain all of the
following information:
(a)
The name, address, telephone number and email address of the
owner. If the owner does not have a managing agency, agent or local
contact person, then the owner shall provide a twenty-four-hour telephone
number. If the owner uses a managing agency, agent or local contact
person, then that managing agency, agent or local contact person shall
have written authorization to accept service for the owner.
(b)
The name, address and twenty-four-hour telephone number of the
managing agency, agent or local contact person.
(c)
The total number of bedrooms and maximum number of overnight
guests.
(d)
If the building is a multi-unit structure, the total number
of dwelling units in the structure and the number of dwelling units
being used as short-term rentals.
(e)
A diagram or photograph showing the location and number of on-site
parking spaces.
(f)
If not on a central sewer system, a septic system evaluation
certifying the existing system is functioning as intended and proof
the tank was pumped within the past three years for approval by the
Sewage Enforcement Officer. Maximum occupancy shall be limited by
the capacity of the sewage disposal system.
(h)
Proof of compliance with all applicable county and commonwealth
hotel occupancy taxes.
(i)
Signatures of both the owner and the local managing agent or
local contact person.
(j)
Trespass waiver signed by the owner allowing access to the property
for the Enforcement Officer for the purpose of inspection to verify
compliance with this section.
(k)
Copy of the current recorded deed for the property establishing
ownership of the dwelling unit.
(l)
The property owner shall maintain at least $500,000 in general
liability insurance on a short-term rental for the full duration of
the license term and provide proof of the same to the Township.
(m)
If applicable, proof of written notice to the dwelling unit's
condominium or homeowners' association, indicating the intent
to make application for and use the subject residential property for
a short-term rental.
(2)
A separate short-term rental permit is required for each dwelling
unit; for two-family or multifamily dwellings, a separate short-term
rental permit shall be required for each dwelling unit being rented,
leased, or subleased as a short-term rental.
(3)
The dwelling unit is required to pass a life safety inspection
in order to obtain a short-term rental permit.
F.
Permit term and renewal.
(1)
Any short-term rental permit is good for a period not to exceed
one year from the date of issuance and must be renewed annually.
(2)
Short-term rental permit renewal applications shall contain
information regarding any changes from the immediately preceding application
with respect to matters governed by this section.
(3)
The initial issuance of, and each renewal of, a short-term rental
permit shall require a life safety inspection by the Township. The
dwelling unit shall be required to pass such inspection in order for
a permit to be issued.
(4)
The application for a short-term rental permit, or a renewal
thereof, shall be accompanied by a nonrefundable permit application
fee which shall defray the administrative and inspection costs of
the Township in an amount set by the Board of Supervisors in the Upper
Merion Township Fee Schedule.
