The regulations contained in this article shall apply to the entire Township for the subjects covered herein, in addition to complying with the specific requirements in other applicable articles of this chapter. However, if a conflict occurs between the standards of these general regulations and any other standards of the chapter, then the more restrictive standards shall apply. Subdivision and/or land development proposals are further regulated by Chapter
425, Subdivision and Land Development. The following activities, among others listed in the definition of "land development," are considered land development:
A. Addition of one or more buildings (except residential
accessory buildings) to a lot which contains an existing building.
B. Division of one or more buildings into spaces for
leasehold, ownership or other forms of tenancy (except for residential
conversions resulting in three or less dwelling units).
C. Construction of one nonresidential building on a lot.
D. Change in use of any existing nonresidential building.
E. Anything more than one single-family dwelling constructed
on a single-family lot (except for residential conversions resulting
in three or less dwelling units).
Applications shall be filed with the Township
for subdivision and/or land development and/or other uses of land
as permitted by this chapter in compliance with the following:
A. Ownership. The subject tract or land area shall be
in one ownership or shall be subject to a joint application filed
by the owners of the entire site, under single direction, using one
overall plan.
B. Proposed plans.
(1) Subdivision and/or land development applications shall include a proposed plan in compliance with Chapter
425, Subdivision and Land Development, and all other applicable Township ordinances, state or federal regulations.
(2) Applications for permitted uses which are not subdivisions or land developments shall include a proposed plan in sufficient detail and clarity to enable the Township to determine compliance with all applicable regulations. In addition, these applications shall comply with §
500-817 of this chapter.
(3) The proposal for a tract or land area may be carried
out in a single phase or in sections, in compliance with the Pennsylvania
Municipalities Planning Code, and shall be in compliance with a development
agreement in accordance with Pennsylvania law which shall:
(a)
Be binding to the overall tract and its development.
(b)
Be acceptable to the Board of Supervisors, under
the advice of the Township Solicitor.
(c)
Be recorded with the final plan.
(d)
Be subject to renegotiation if the applicant
proposes revisions to the approved plans.
All development in the Township shall be served
by water supply and sewage disposal facilities which are appropriate
for the type of land use, physical characteristics of the land, location
in the Township, availability of existing water and sewage systems,
and classification as growth or nongrowth areas in the Comprehensive
Plan, and shall be further regulated by the requirements below:
A. Medium- or high-density residential development within
the growth areas identified in the Comprehensive Plan shall be served
by public water supply and public sewage disposal facilities. These
areas are designated as the R-2 and R-3 Districts on the Upper Hanover
Township Zoning Map.
B. Lower-density residential development (lots larger
than 40,000 square feet) within the growth areas identified in the
Comprehensive Plan may be served by individual on-lot water supply
and sewage disposal facilities or by public water supply and public
sewage disposal facilities (within areas designated as the R-2 and
R-3 Districts on the Upper Hanover Township Zoning Map).
C. Nonresidential development within the growth areas
identified in the Comprehensive Plan shall be served by public water
supply and public sewage disposal facilities where available. These
areas are designated as the LI, LIC, CB and VC Districts on the Upper
Hanover Township Zoning Map.
D. Residential development within the nongrowth areas
identified in the Comprehensive Plan may be served by individual on-lot
water supply and sewage disposal facilities or may be served by common,
shared or central facilities serving more than one lot, dwelling,
use or building. These areas are designated as the R-1 Agricultural-Residential
District on the Upper Hanover Township Zoning Map.
E. Nonresidential development within the nongrowth areas
identified in the Comprehensive Plan may be served by individual on-lot
water supply and sewage disposal facilities or may be served by common,
shared or central facilities serving more than one lot, dwelling,
use or building. These include some areas designated as CB or OS Districts
on the Upper Hanover Township Zoning Map.
F. Individual on-lot facilities. Where individual on-lot
water supply and sewage disposal facilities are used, written proof
of compliance with the applicable state and Montgomery County Health
Department regulations must be provided to the Zoning Officer before
occupancy permits will be issued.
G. Facilities serving more than one lot, dwelling, use
or building. Where these types of facilities are used, they shall
comply with the following:
[Amended 2-13-2007 by Ord. No. 2007-01]
(1) Where the dwellings, uses or buildings are located
on separate lots, these water and sewage facilities shall not be located
on building lots but shall be located on a separate lot or lots used
only for these utilities or for utilities and open space. Minimum
lot dimensions shall be sufficient to contain the utility facilities
and provide a fifty-foot setback from all property lines and a minimum
twenty-five-foot-wide usable access to the lot for maintenance and
emergency purposes.
(2) Where the dwellings, uses or buildings are located
on one lot, these facilities may be located on that lot or may be
located on a separate lot or lots used only for these utilities or
for utilities and open space.
(a)
For utilities on a separate lot, minimum lot
dimensions shall be sufficient to contain the utility facilities and
provide a fifty-foot setback from all property lines and a minimum
twenty-five-foot-wide usable access to the lot for maintenance and
emergency purposes.
(b)
For utilities located on the same lot, easements
shall be provided equivalent to the minimum lot requirements contained
herein.
(3) Written proof of compliance with the applicable state
regulations must be provided to the Zoning Officer before occupancy
permits will be issued for development served by these facilities.
(4) These facilities shall comply with the requirements of §
500-805 herein regarding ownership and maintenance of common elements.
All proposals subject to the requirements of this chapter shall be landscaped and buffered from adjacent properties in compliance with the requirements of Chapter
425, Subdivision and Land Development.
[Amended 12-13-2005 by Ord. No. 2005-13; 2-13-2007 by Ord. No. 2007-01]
All proposals which are required to offer open space under the requirements of this chapter shall do so in compliance with the location, design and other criteria set forth in Chapter
425, Subdivision and Land Development, and shall be guided by and in accordance with the Upper Hanover Township Open Space and Environmental Resource Protection Plan Update (2006) or any successor plan thereto.
[Amended 10-11-2005; by Ord. No. 2005-13]
Common elements, including, but not limited to, open space, recreation, sewer, water, easements and stormwater management facilities that will not be publicly owned, shall be subject to a form of ownership established in private agreements acceptable to the Board of Supervisors, upon recommendation of the Township Solicitor. Such private ownership, including, but not limited to, corporate, individual, condominium, landlord, or fee-simple home or landowners' association, shall be governed by the requirements set forth in Chapter
425, Subdivision and Land Development.
In all zoning districts, on land developed for
nonresidential and multifamily uses, refuse collection facilities
must be provided by the applicant either inside the building(s) or
within an area enclosed by either walls or opaque fencing.
A. These facilities shall be architecturally compatible
with the building(s).
B. Walls or fencing shall be designed to contain and
prevent dispersion of refuse as well as shield the refuse facilities
from direct view from adjacent properties to a height of at least
six feet.
C. These facilities shall be designed in a manner which
can accommodate large collection trucks.
D. Landscaping is required around these facilities.
E. Refuse facilities attached to, detached from, or within
buildings shall be subject to the same building setback requirements.
The following accessory uses shall be permitted,
subject to the additional requirements herein.
A. Uses accessory to agriculture:
(1) Greenhouses, barns and machine sheds, preparation
of products produced on the premises for sale and/or use at other
locations.
(2) Retail sale of agricultural and/or horticultural products
on a minimum tract of five acres in compliance with the following:
(a)
At least 50% of such products shall have been
grown on the property on which they are offered for sale.
[Amended 10-10-2023 by Ord. No. 2023-04]
(b)
At least three off-street parking spaces shall
be provided, plus one additional space for each 100 square feet of
building area over 400 square feet.
(c)
Buildings, whether permanent or seasonal, shall
meet the required setbacks of the district in which they are located,
and no parking area, sign, display or other structure shall intrude
into the legal right-of-way of any public road. Buildings shall include
stands, carts, wagons, sheds or other movable structures.
(d)
Maximum building coverage for retail sales shall
be as follows:
[1]
Maximum of 500 square feet permitted by right.
[2]
Maximum of 1,500 square feet may be permitted by conditional use, in compliance with the dimensional standards of §
500-1503 of the CB Commercial Business District for Class Two uses.
[3]
More than 1,500 square feet shall be considered
a principal use and shall be permitted only within the CB Commercial
Business District.
[4]
All structures, including stands, sheds, barns,
etc., with customer access shall be included in calculating building
coverage.
(e)
Parking and loading requirements shall comply with Article
IX, Off-Street Parking, and §
500-1503K, Minimum setbacks for loading/service areas, of this chapter.
(f)
Vehicular access and parking shall comply with the requirements of this chapter and Chapter
425, Subdivision and Land Development for a similar use located in the CB Commercial Business District.
(3) Keeping of livestock in conjunction with agriculture,
in accordance with the following:
(a)
Livestock and/or other animals may be kept as part of an agricultural operation, without numerical limit, provided that the property on which they are kept is at least 20 acres in size. For lots less than 20 acres, the number of animals permitted shall comply with the rate standards of §
500-808B(8) herein.
(b)
For any building or other structure housing
livestock or poultry, the minimum setback from any property line or
ultimate right-of-way line shall be the same as the setback prescribed
by the zoning district for the principal building. No building housing
livestock or poultry shall be located within 100 feet of any dwelling,
except that no minimum separation distance shall be required from
the livestock building and a dwelling(s) located on the same property,
except as may be required by the Building Code. The area used to keep
livestock shall be completely enclosed by a suitable fence.
[Amended 8-14-2001 by Ord. No. 01-08]
B. Permitted residential accessory uses and structures.
The following uses are permitted by right; however, approval as a
conditional use by the Board of Supervisors shall be required for
uses that exceed the stated capacities or sizes, or that would involve
use or storage of items other than those listed:
[Amended 11-14-2000 by Ord. No. 00-5; 8-14-2001 by Ord. No. 01-08; 6-8-2004 by Ord. No. 2004-06; 6-10-2008 by Ord. No. 2008-04; 9-13-2016 by Ord. No. 2016-04]
(1) Home occupations, subject to the provisions of §
500-809 herein, or which meet the definition of a no-impact home-based business in accordance with the Pennsylvania Municipalities Planning Code.
(2) Private detached garages and other storage buildings
with a building footprint of 400 square feet or greater in accordance
with the following:
(a)
R-2 and R-3 Districts:
|
Lot Size (Gross Area)
(square feet)
|
Maximum Building Footprint Size1
(square feet)
|
Minimum Side and Rear Yard3
(feet)
|
---|
|
Up to 9,999
|
400
|
10
|
|
10,000 to 20,000
|
500
|
15
|
|
20,000 to 40,000
|
500
|
20
|
|
40,001 to 45,000
|
750
|
25
|
|
45,001 to 50,000
|
800
|
25
|
|
50,001 to 55,000
|
850
|
25
|
|
55,001 to 60,000
|
900
|
25
|
|
60,001 to 65,000
|
950
|
25
|
|
Over 65,000
|
1,000
|
25
|
(b)
R-1 District:
|
Lot Size (Gross Area)
(square feet)
|
Maximum Building Size1
(square feet)
|
Minimum Side and Rear Yard3
(feet)
|
---|
|
65,000 to 85,000
|
1,400
|
—2
|
|
85,001 to 100,000
|
1,600
|
—2
|
|
100,001 to 120,000
|
1,800
|
—2
|
|
Over 120,000
|
2,000
|
—2
|
|
NOTES:
|
---|
|
1
|
Buildings proposed in excess of these square-foot
limits must have conditional use approval. Lots in the R-1 District
with less than 65,000 square feet must use the standards for the R-2
and R-3 Districts above.
|
|
2
|
The minimum yards for a garage or other storage
building with a building footprint of 400 square feet or greater shall
be the same as those required for a principal building in the respective
zoning district.
|
|
3
|
If individual zoning district regulations require a greater
side and/or rear yard the greater dimension shall be required.
|
(c)
Conditional use standards and criteria. In considering a conditional
use application for a detached garage/storage building, the Board
of Supervisors shall consider the following:
[1]
The building footprint of the proposed detached garage/storage
building shall not exceed the building footprint of the primary structure
on the property.
[2]
Stormwater management facilities shall be provided for the proposed
garage/storage building in accordance with the Upper Hanover Township
Stormwater Management Ordinance.
[3]
The size of the proposed garage/storage building shall be generally
compatible with the size of structures in the surrounding neighborhood.
(3)
Private parking spaces, not to exceed four per dwelling unit
(not counting garage spaces).
(4)
Shelter for small domestic animals and domestic farm animals as permitted by §
500-808B(8) and
(9) herein.
(5)
Noncommercial greenhouse of less than 750 square feet in floor
area.
(6)
Storage sheds for garden equipment, household goods, and/or
sporting goods owned and used by the residents of the dwelling, with
a total combined building footprint area of less than 400 square feet.
(7)
Noncommercial swimming pool or other recreational facilities,
excluding facilities for use of motorized recreational vehicles.
(8)
The keeping of domestic farm animals, not in conjunction with
agriculture, in accordance with the following:
(a)
Minimum lot size shall be two acres.
(c)
Such animals may be kept at the following rates:
|
|
On a Minimum Two-Acre Lot
|
For Each Additional Acre*
|
---|
|
Horses, cows, or other animals of a similar
size
|
1 animal
|
1 animal
|
|
Sheep, goats, or other animals of a similar
size
|
4 animals
|
4 animals
|
|
Fowl or other animals of a similar size
|
10 animals
|
10 animals
|
|
NOTE:
|
---|
|
*
|
Up to a maximum of 20 acres.
|
(9) The keeping of small domestic animals in accordance with the following:
(a)
On lots smaller than one acre, a maximum of four domestic animals
may be kept, including not more than three dogs more than six months
old, or three cats more than six months old.
(b)
On lots between one and two acres, a maximum of seven small
domestic animals may be kept, including not more than three dogs more
than six months old or three cats more than six months old.
(c)
On lots a minimum of two acres and greater in size, a maximum
of 10 small domestic animals, which may include not more than five
dogs more than six months old and not more than five cats more than
six months old. Dogs and cats younger than six months may not be kept
at the location except for litters born to dogs and cats already kept
at the location; animals from such litters may remain in any number
until six months old, at which time they are counted in determining
compliance with this part.
[Amended 5-8-2018 by Ord.
No. 2018-02]
(10)
Satellite dish or other television or radio antenna, in accordance with the provisions of §
500-826, herein.
C. Uses accessory to noncommercial recreational use.
Customary recreation, refreshment and service uses and buildings in
any noncommercial recreational area.
D. Other accessory uses. Accessory uses other than those
listed may be permitted in compliance with the requirements for principal
uses in the district in which they are located and which they are
accessory to.
E. Accessory buildings.
(1) Private garages shall comply with §
500-808B(2) herein.
[Amended 11-14-2000 by Ord. No. 00-5]
(2) All accessory buildings, regardless of size, are subject
to stormwater management controls as deemed necessary by the Township
Engineer.
[Amended 11-14-2000 by Ord. No. 00-5]
(4) An accessory structure shall be constructed for a
specific use incidental to the principal structure. Accessory structures
can be built on site or manufactured elsewhere. Accessory structures
shall not include truck bodies, gutted mobile homes, used fuel tanks,
trailers, box cars, sea containers or similar impermanent or moveable
structures which were manufactured for another purpose.
[Amended 9-13-2005 by Ord. No. 2005-10]
F. Off-street parking of commercial vehicles in residential
district.
(1) Routine off-street parking of not more than two commercially
registered vehicles with not more than four wheels each, which are
used regularly or frequently for business purposes, shall be permitted.
Routine parking of more than two such vehicles shall constitute a
business operation and shall not be permitted in a residential district.
(2) Routine off-street parking of one commercially registered
vehicle with more than four wheels, which is used regularly or frequently
for business purposes, shall be permitted; more than one shall constitute
a business operation and shall not be permitted in a residential district.
Home occupations are permitted in any residence
as an accessory use in compliance with the standards of this section
as well as all other applicable Township, state and federal regulations.
A. Home occupations shall be limited to the accessory
use of a residence for the conduct of an art or profession, the offering
of a service, the conduct of a business, or the production of handicrafts.
The use shall be secondary and incidental to the use of the dwelling
for residential purposes and shall not change the character of the
residential use or adversely affect the uses permitted in the residential
district of which it is a part.
B. Home occupations shall be divided into two classes
and regulated as follows:
(1) Minor home occupations. These uses are permitted by
right in all residential dwellings, in compliance with the following
requirements:
(a)
These uses shall be conducted entirely by residents
of the dwelling in which the occupation is permitted.
(b)
These uses shall not include any profession
or occupation which requires a license to practice in the Commonwealth
of Pennsylvania.
(c)
These uses shall not receive visitors, customers
or clients of any type.
(d)
Pickup or delivery for business purposes shall
be limited to those services that routinely serve homes, such as United
Parcel Service, Federal Express, or the U.S. Postal Service.
(e)
These uses do not generate the need for any
more parking spaces than required for the residence.
(2) Major home occupations. These uses are permitted only
in single-family detached dwellings in compliance with the following
requirements:
(a)
These uses may employ persons who are not residents of the dwelling in which the occupation is permitted, in compliance with §
500-809C(15).
[1]
No more than two licensed medical practitioners
may serve as principals of the use, with no more than three support
staff members for each principal (a total of eight persons including
residents and nonresidents).
[2]
Nonmedical uses may have the same number of
employee as a medical home occupation use.
(b)
These uses include barbershops, beauty parlors,
and any profession or occupation which requires a license to practice
in the Commonwealth of Pennsylvania.
(c)
Visitors, customers or clients shall be permitted
only between the hours of 8:00 a.m. and 9:00 p.m.
(d)
Pickup or delivery for business purposes shall
be limited to those services that routinely serve homes, such as United
Parcel Service, Federal Express, or the U.S. Postal Service.
(e)
No more than two parking spaces required for these uses may be located in a front yard. All additional required parking shall be located only in a side or rear yard. Landscaped buffers as required in Article
V of Chapter
425, Subdivision and Land Development, are required for all parking spaces for home occupations.
(f)
These uses must be located on lots with primary
vehicular access from a collector or higher classification road.
C. Requirements for all home occupations:
(1) A resident of the dwelling must be a principal of
the home occupation.
(2) Any use, except professional offices, which involves
building alterations requiring approval of the Pennsylvania Department
of Labor and Industry shall not be permitted as a home occupation.
(3) The home occupation and its associated structures
shall conform with all applicable dimensional standards for the zoning
district.
(4) Home occupations conducted entirely within the residence
shall not use more than 25% of the gross floor area of the residence
for the home occupation. "Gross floor area" shall not include garages,
unfinished attics or cellars.
(5) The Board of Supervisors may permit the use of an
accessory structure or the use of more than 25% of the residence floor
area by conditional use where all other requirements of this section
are met.
(a)
Accessory structures may be used only when they
are entirely located within the building envelope for the principal
building, defined by the front, side and rear yard setbacks of the
district in which the structure is located.
(b)
The floor area of the accessory structure used
for the home occupation shall not exceed 35% of the gross floor area
of the residence, not including garages, unfinished attics, or cellars.
(c)
The accessory structure shall be required to
comply with the Township's Building Code applicable to a residence or place of business.
(6) The home occupation shall in no way cause the residential
appearance or character of the premises to differ from the surrounding
residential area.
(7) Home occupations shall not use noxious, combustible,
explosive or other types of materials that could endanger the health
and safety of the occupants and the surrounding residents.
(8) Home occupations shall not produce noise, dust, vibration,
glare, smoke, odor, electrical interference, fire hazard, traffic
or any other nuisance not typically experienced in the zoning district
where the property is located.
(9) Home occupations shall not include auto-related services,
clinics, hospitals, animal hospitals, restaurants, cafes, hotels or
boardinghouses, as defined in this chapter, or similar uses.
(10)
No use shall require internal or external construction
features or the use of electrical, mechanical or other equipment that
would change the fire rating of the structure or in any way significantly
increase the fire danger to neighboring structures or residences.
(11)
Only one sign per residence shall be permitted, conforming to the provisions of Article
X of this chapter.
(12)
No outside storage or display of material, goods,
supplies or equipment related to the operation of the home occupation
shall be allowed. All storage shall take place within a walled structure.
(13)
Merchandise shall be limited only to products
manufactured or substantially altered on the premises or to incidental
supplies necessary for the conduct of the home occupation. Items shall
not be purchased off site for resale.
(14)
Direct sale of goods on the premises shall not
be permitted routinely, but may be permitted on an infrequent, occasional
basis.
(15)
No employees, assistants, helpers, subcontractors,
etc., shall be permitted except for persons residing on the subject
property with the practitioner, unless authorized as a conditional
use by the Board of Supervisors.
(16)
Vehicular access improvements or any need for additional parking generated by the home occupation over what would normally be expected for a residence, as determined by the Board of Supervisors with the advice of the Township Engineer, shall be met off street and only in the side and/or rear yards of the structure in accordance with Article
IX of this chapter, the regulations of the district in which it is located, and Chapter
425, Subdivision and Land Development.
(17)
Home occupations that attract customers, clients
or students to the premises shall not be allowed in multifamily dwellings.
(18)
There shall be no routine, regular or recurring
deliveries to or from a home occupation from a vehicle with more than
two axles.
(19)
Trash removal shall not be permitted in excess
of that normally occurring in residential areas.
(20)
Family day-care homes, group day-care homes, and day-care centers are not home occupations and are regulated by §
500-822 of this chapter.
(21)
Garage sales, yard sales, tag sales, and other
similar events are not home occupations and are regulated by other
Township requirements.
(22)
All home occupations shall be registered with
the Township and be subject to an annually renewable permit secured
from the Zoning Officer or Township Secretary.
Bed-and-breakfast accommodations, as defined
in this chapter, may be operated in single-family detached dwellings,
subject to the following regulations:
A. Conditional use approval is required from the Board
of Supervisors.
B. There shall be no more than five guest bedrooms, accommodating
no more than 10 guests at any one time; no paying guest shall stay
on any one visit for more than 30 days.
C. One off-street parking space for each guest bedroom
shall be provided in a side or rear yard.
D. Meal service is limited to one daily meal per paying
overnight guest and shall not include the sale of alcoholic beverages.
Owners shall comply with all federal, state and local requirements
for the preparation, handling and serving of food.
E. Owner shall maintain a current guest register, subject
to inspection by the Township.
F. Each bed-and-breakfast facility shall be equipped
with smoke detectors and fire extinguishers in accordance with the
requirements of the Pennsylvania Department of Labor and Industry
and with the stipulations of the Township Fire Code. Guests shall be provided with information regarding the
floor plan of the building and the location of emergency exits.
G. If the facility is served by an on-site sewage system,
the owner must obtain written approval from the Township Sewage Enforcement
Officer, (the Montgomery County Health Department), confirming the
adequacy of the system to serve the increased demand resulting from
the facility.
H. Minimum lot area shall be 80,000 square feet.
I. The rented rooms shall not contain kitchen facilities
and shall not constitute separate dwelling units.
J. The lot for a bed-and-breakfast use must have access
from a principal arterial, minor arterial, or major collector road.
The provisions of this chapter shall not be
so construed as to limit or interfere with the construction, installation,
operation and maintenance of public utility structures or facilities
in existence at the time of passage of this chapter or which may hereafter
be located within public easements or rights-of-way designated for
such purposes. The location of any such construction not within a
public easement or right-of-way, however, unless specifically provided
for in this chapter, shall be subject to approval of the Zoning Hearing
Board, which shall give consideration to the effect of such construction
or installation upon the public safety and the character of the adjacent
neighborhood.
Nothing herein contained shall be construed
to render inoperative any enforceable restriction established by covenants
running with the land, and which restrictions are not prohibited by
or are not contrary to the regulations herein established.
A. Unless otherwise specified in this chapter {e.g. §
500-1406; § 500-1304E(7)(d)[2]}, all lots shall abut a public street for at least 50 feet at the right-of-way line, and said 50 feet must be usable for purposes of ingress and egress to the lot. Preexisting landlocked parcels may be developed with one single-family detached house provided with a fifty-foot-wide easement of access, and provided that the usable portion of the lot otherwise complies with the lot size and dimensional requirements of the district in which it is located.
[Amended 4-13-2004 by Ord. No. 2004-04]
B. Rear lotting or flag lotting. The concept of rear or flag lotting is permitted under this chapter in compliance with §
500-813A, other requirements of this chapter, and the rear or flag lotting provisions of Chapter
425, Subdivision and Land Development.
[Amended 9-13-2016 by Ord. No. 2016-04]
Fences and freestanding walls shall comply with
the standards in this section. Building walls and retaining walls
are not regulated by these standards.
A. Maximum height shall be four feet when located less
than five feet outside the ultimate right-of-way line of a road.
B. Maximum height in all other locations shall be six
feet, except that the height may be increased to a maximum of eight
feet if that portion of the fence or wall which exceeds six feet in
height has a ratio of open area of at least four to one.
C. The Board of Supervisors may authorize walls or fences
of greater height by conditional use, subject to the following standards
and criteria:
(1) Where necessary to provide adequate protection, shielding or screening of open storage or equipment areas, in compliance with §
500-806B herein.
(2) Where topographic conditions require additional height
to provide the same degree of privacy provided by a complying fence
on level ground.
(3) The Board of Supervisors may require a setback of
10 feet or more from the ultimate right-of-way of roads or from property
lines.
(4) The Board of Supervisors may require landscaping to
soften the appearance of the fence or wall from surrounding properties
or roads.
D. No fence or freestanding wall shall be permitted to
obstruct sight distance at a street or driveway intersection.
E. Fences and freestanding walls are not required to
comply with front, side and rear yard building setbacks.
F. Fences and freestanding walls shall be set back a minimum of one
foot from all property lines. This setback requirement does not have
to be met when all owners of property that abuts the fence agree,
in writing, to some lesser setback or no setback. A copy of the agreement
between the owners must be supplied to the Township.
[Amended 8-8-2017 by Ord.
No. 2017-01]
G. All fences and freestanding walls shall be erected with the finished
side facing adjacent properties. The finished side shall be considered
the side without structural supporting members.
H. Temporary fences shall be constructed of wire, rolled plastic or
wood lath material. Such fences are permitted only for temporary use
as seasonal snow fences or on active construction sites.
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 setback
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 required
depth of the yard.
B. A terrace, patio, deck, 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 side or rear 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 carport may be erected over a driveway in a required
side yard, provided that such structure is:
(1) Not more than 14 feet in height and 20 feet in length;
(2) Entirely open on at least three sides, exclusive of
the necessary supporting columns and customary architectural features;
and
(3) At least three feet from the side lot line.
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 no more than three feet into a required
rear yard.
The following standards and criteria shall govern
adult uses, as defined and permitted in this chapter:
A. Adult uses are permitted only in the OS Outdoor Storage
and Intensive Commercial/Industrial District.
B. No adult use shall be permitted to be located within
500 feet of an existing residence, residential district, place of
worship, school or school property line, playground, park or any other
adult use.
C. No adult use shall be considered to be a permissible change of use, in conformance with Article
VII, Nonconformance, unless the subject property is located in a district where adult uses are permitted, and can be shown to comply with the regulations, standards and criteria of this section.
D. Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities or shows shall be permitted, except for a sign which identifies the name of the establishment and its hours of operation, in conformance with the requirements of Article
X, Signs, of this chapter.
E. If any portion of a use meets the definition of adult
use, then that portion must comply with the requirements of this section.
Unless otherwise noted, the following performance
standards apply to all uses in all districts in the Township:
A. Air pollution controls. All uses shall comply with
the standards of the Air Pollution Control Act, 35 P.S. §§ 4001
to 4015, as amended, and the following standards:
(1) Smoke. Visible air contaminants shall not be emitted
in such a manner that the opacity of the emissions is equal to or
greater than 10% for a period or periods aggregating more than three
minutes in any one hour, or equal to or greater than 30% at any time,
and shall comply with Pa. Code Title 25, Chapter 127.A(7) or its most
recent update.
(2) Particulate, vaporous and gaseous emissions.
(a)
No emission shall be made which can cause any
damage to health, to animals or vegetation or other forms of property,
or which can cause any excessive soiling at any point.
(b)
No emission of particulate matter shall exceed
0.0115 grams per dry standard cubic foot, corrected to seven-percent
oxygen. Provisions must be made to reduce dew point cycling and resulting
damage to particulate control devices.
(c)
For measurement of the amount of particles in
gases resulting from combustion, standards correction shall be applied
to a stack temperature of 500° F. and 50% excess air.
(3) Hazardous air emission. All emissions shall comply
with National Emissions Standards for Hazardous Air Pollutants promulgated
by the United States Environmental Protection Agency under the Federal
Clean Air Act (42 U.S.C. § 7412) as promulgated in 40 CFR
Part 61, or its most recent update.
B. Noise control. All uses shall comply with the standards of Article
XXVIII, Noise Control, of this chapter.
C. Odor control.
(1) No person shall cause, suffer or permit the emission
into the outdoor atmosphere of any malodorous air contaminants from
any source in such a manner that the malodors are detectable outside
the property of the person where the source is being generated.
(2) The prohibition on odors shall not apply to odor emissions
arising from the premises of a farm operation.
(3) Any process which causes an odor emission shall be
operated in a manner such that escaping odors are eliminated. Backup
odor reduction equipment shall be maintained to support primary odor
reduction equipment.
D. Glare or heat control. Any operation producing intense
glare or heat shall be performed within an enclosed building or behind
a solid fence in such manner as to be completely imperceptible from
any point beyond the lot lines.
E. Vibration control. No vibration which is discernible
to the human sense of feeling shall be perceptible without instruments
at any point beyond the lot line.
F. Control of radioactivity or electrical disturbance.
There shall be no activities which emit dangerous or harmful radioactivity.
There shall be no electrical disturbance (except from domestic household
appliances) adversely affecting the operation of any equipment located
beyond the property boundary of the creator of such disturbance.
G. Fire and explosive hazards. Flammable and explosive
materials shall be stored, used and transported in accordance with
the applicable state and federal regulations regarding such materials
and associated storage vessels.
H. Outdoor storage and waste disposal.
(1) All outdoor storage facilities for fuel, flammable
or explosive materials, and raw materials shall be enclosed by a fence
adequate to prevent the access of children and other members of the
general public.
(2) No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transferred off the lot by
natural causes or forces.
(3) All material or wastes which might cause fumes or
dust or which constitute a fire hazard or which may be edible or otherwise
be attractive to rodents or insects shall be stored outdoors only
in closed, sealed containers.
(4) No materials or wastes of any form may be stored in
a floodplain area.
(5) Outdoor storage and refuse areas shall be set back
50 feet from abutting properties that have residential or institutional
uses or zoning and 20 feet from all other abutting properties.
(6) Outdoor storage and refuse areas are not permitted
in the setback area measured from the ultimate right-of-way line.
(7) No use shall be conducted in such a way as to discharge
any treated or untreated sewage except as shall be approved by the
Department of Environmental Protection and/or the County Health Department,
as appropriate, nor shall industrial wastes be stored, discharged,
incinerated or otherwise disposed of except in conformance with the
applicable state and federal regulations regarding solid and hazardous
wastes.
An application for any conditional use as specified
in the various articles of this chapter shall be considered by the
Township Board of Supervisors according to the following procedure:
A. Application.
(1) The application shall be submitted, in writing, to
the Township Secretary during regular Township business hours, with
a fee as required by the Township's fee schedule.
(2) The application shall include the request for approval
of a conditional use and sufficient information to document compliance
with the applicable standards of this chapter; a tentative sketch
plan of the proposed development shall be included.
(3) The Township Planning Commission shall submit one
copy of the application to the Montgomery County Planning Commission
for its advisory review, one copy to the Township Board of Supervisors,
and other copies to agencies and/or technical consultants whose review
may be relevant.
B. Public hearing.
(1) The Board of Supervisors shall schedule a public hearing
within 60 days from the date of the applicant's request, pursuant
to public notice, unless the applicant has agreed in writing to an
extension of this time limit.
(2) The hearing shall be conducted by the Board of Supervisors,
or the Board of Supervisors may appoint any member of the Board of
Supervisors or an independent attorney as a hearing officer. The decision
to grant or deny the proposed use shall be made by the Board of Supervisors.
The Board of Supervisors shall consider the comments and recommendations
of the Township and County Planning Commissions, other advisors, and
those present at the public hearing prior to deciding to approve or
deny the proposed use. In allowing a conditional use, the Board of
Supervisors may attach such reasonable conditions and safeguards,
in addition to those expressed in the ordinance, as it may deem necessary
to implement the purposes of this chapter.
[Amended 8-13-2002 by Ord. No. 02-14]
(3) In deciding all applications for conditional uses,
the Board of Supervisors shall be guided by the following standards
and criteria:
(a)
The proposed use shall be one permitted by conditional
use and one that will conform to the applicable regulations of the
district in which it is located.
(b)
The proposed use shall be considered in light of the general standards for Zoning Hearing Board decisions in §
500-610 of this chapter.
[Amended 2-13-2007 by Ord. No. 2007-01]
(4) The Board of Supervisors shall render a written decision
on the application within 45 days after the last hearing in which
the Board considered the application.
(5) Where the Board of Supervisors fails to render a decision
within 45 days or fails to hold the required hearing within 60 days
from the date of the applicant's request for a hearing, the decision
shall be deemed to have been rendered in favor of the applicant unless
the applicant has agreed in writing or on the record to an extension
of time.
All proposals for development and/or use of
land shall be developed and/or operated in a manner that preserves
the beneficial qualities of the existing natural environment and natural
features present on the site, in compliance with the following:
A. Preservation of natural features. Proposals shall preserve natural drainage areas, wetlands, forested areas, substantial stands of trees, individuals and small groupings of specimen trees, attractive/scenic views and any other natural features existing on the site to the greatest extent feasible. To evaluate the extent of environmental protection needed for a proposal, the applicant shall provide the information listed in §
500-819D or
E herein, as appropriate for the type of proposal. Protection of natural features is recommended by the Comprehensive Plan and the Open Space and Environmental Resource Protection Plan and Montgomery County's 1995 Open Space Plan, which may be used as sources of information regarding these features.
B. Plans and narrative. Applicants shall provide plans
and a written narrative that show and describe how the proposal conforms
to the goals and objectives of the Comprehensive Plan and the Open
Space and Environmental Resource Protection Plan or an explanation
of why it cannot conform.
C. Disturbance of the ground surface. Proposals shall
reduce grading and disturbance of the ground surface to the greatest
extent feasible for the type of development or use proposed, consistent
with accepted engineering principles and practice.
D. Inventory, analysis and sketch plans for subdivision and land development. For all nonresidential subdivisions and land developments, all proposals under R-3 District standards, and all residential subdivisions and/or land developments of 10 or more lots and/or units, the following site elements shall be inventoried and mapped by the applicant. Sufficient detail shall be provided to allow evaluation of the proposal relative to the intent of this section. Where a conflict occurs between these standards and those of Chapter
425, Subdivision and Land Development, the stricter requirement shall prevail.
(1) Physical resources. Identification of resources associated
with the natural environment of the tract, including geology, topography,
soils, hydrology and vegetation. These features shall be mapped at
a scale of no less than one inch equals 100 feet and shall be briefly
described. The maps shall include:
[Amended 10-16-2007 by Ord. No. 2007-10]
(a)
Topographic contours at ten-foot intervals, showing rock outcrops and slopes of more than 15%, in compliance with the Steep Slope Conservation Overlay District, Article
XXV of this chapter. Applicants are encouraged to use two-foot contours drawn from aerial photographic sources because of their increased accuracy and practicality.
(b)
Soil type locations and a table identifying
soil characteristics relating to agricultural capability, seasonal
high-water table, depth to bedrock, and suitability for on-lot sewage
disposal from the Montgomery County Soil Survey.
(c)
Hydrologic characteristics of the site, including
surface water bodies, floodplains and hydric soils. If a wetlands
survey is not provided initially, it shall be provided as part of
the preliminary plan submission.
(d)
Vegetation of the site, defining location and boundaries of woodland areas and vegetation associations in terms of species and size. All trees of six inches in diameter and greater must be identified by species, size {as defined by §
425-500C(6)(a)[1] of the Township's Subdivision and Land Development Ordinance}, and health.
(2) Land use. Current land use and land cover (cultivated
areas, paved areas, pastures, etc.), all buildings and structures
on the land, and all encumbrances, such as easements or covenants.
(3) Visual resources. Scenic views onto the tract from
surrounding roads and public areas, as well as views of scenic features
from within the tract.
(4) Cultural and historic resources. Brief description
of historic and cultural character of buildings and structures, if
applicable.
(5) Context. General outlines of buildings, land use,
and natural features, such as water bodies or wooded areas, roads
and property boundaries, within 500 feet of the tract. This information
may be presented on an aerial photograph at a scale of not less than
one inch equals 400 feet.
(6) Optional sketch plan. The applicant is strongly urged but not required to submit a sketch plan in accordance with §
425-302 of Chapter
425, Subdivision and Land Development, based on the inventory and analysis, in order to resolve design issues before investing in engineered preliminary plans.
(7) Required sketch plan. A sketch plan for ultimate development shall be submitted and approved prior to phasing of preliminary or final plans in accordance with §§
425-302 and
425-303 of Chapter
425, Subdivision and Land Development.
E. Inventory, analysis and sketch plans for all other proposals. For all construction, development or other proposals not governed by §
500-819D herein, the site elements listed in §
500-819D shall be inventoried and mapped with sufficient detail to allow evaluation of the proposal relative to the intent of this section.
F. Hazards or nuisances. No land or structure in any
zoning district shall be used or occupied in any manner that creates
any of the following conditions in an amount sufficient to create
a nuisance, be dangerous to public health or safety, or adversely
affect the reasonable use or value of the surrounding area or adjoining
premises:
[Amended 2-13-2007 by Ord. No. 2007-01]
(1) Dangerous, injurious, noxious or otherwise objectionable
condition.
(2) Fire, explosive or other hazards.
(3) Heat, electromagnetic or other radiation.
(5) Smoke, dust, odor or other form of air pollution.
Applicants shall submit an environmental assessment
statement for all residential proposals of more than 10 lots or dwelling
units and for nonresidential development when required by the applicable
zoning district requirements. The statement shall comply with the
following requirements:
A. The statement shall convey the required information
in a form that is clear, concise and easily understood by members
of the public and by public decisionmakers. The substance of the information
should be stressed rather than the particular form, length or detail
of the statement. The applicant should identify underlying studies,
reports and information considered in preparing the statement. However,
the statement shall be essentially a self-contained instrument that
can be understood without the need for cross reference.
B. The applicant shall submit the following information
regarding the site and proposal:
(1) Existing conditions shown and explained in an inventory and analysis as required by §
500-819D. or E herein, as appropriate for the type of proposal.
(2) Proposed conditions, development, facilities and activities
in the form of plans, data and narrative text.
C. The applicant shall identify anticipated impacts by
providing the following:
(1) A description of the physical environment being affected,
including, but not limited to, summary technical data and maps and
diagrams adequate to permit an assessment of potential environmental
impact by commenting agencies and the public. Highly technical and
specialized analyses and data should be attached as appendixes or
footnoted with adequate bibliographic references.
(2) A description of the interrelationships and cumulative
environmental impact of the proposed facilities and other activities,
explained with adequate technical analysis. Economic impact of the
environmental impacts shall be included.
(3) An explanation of any effects on desirable employment,
taxes and property values, and on desirable community growth.
(4) Identification of nearby recreation areas and an explanation
of the impacts of the proposal on those areas.
(5) An explanation of the aesthetic impact of the proposal,
including its impact upon visual quality of the surrounding community.
(6) Specific data relating to the impact of the proposed
facilities on the following:
(a)
Natural and man-made local storm drainage facilities
and areas.
(b)
Sanitary sewage disposal.
(c)
Floodplain areas, including details of any measures
or precautions which may be needed to provide adequate flood control.
D. The environmental assessment statement shall identify
and explain the following:
(1) Probable adverse environmental impacts which cannot
be avoided. These may include, but are not limited to, water or air
pollution, undesirable land use patterns, damage to life systems,
congestion, threats to public health, safety or welfare or other consequences
adverse to the environment. The applicant shall also provide a clear
statement of how unavoidable adverse impacts will be mitigated.
(2) The relationship between local short-term uses of
the environment and the maintenance and enhancement of long-term productivity.
This section should contain a brief discussion of the extent to which
the proposed action involves short-term environmental gains at the
expense of long-term losses, or the converse, and an explanation of
the extent to which the proposed action forecloses future options.
In this context, the words "short-term" and "long-term" should be
viewed in terms of the environmentally significant consequences of
the proposed action.
(3) The success and/or failure of similar projects, if
the proposal is nonconventional in nature. The Board of Supervisors
will determine a proposal's nonconventional character, with the advice
of the Township Engineer.
E. Other reasonable information may be required by the
Board of Supervisors, Township Planning Commission, Township Engineer,
and/or Township Solicitor.
F. The sources of data used to identify, quantify or
evaluate any and all environmental consequences must be specifically
noted. The Upper Perkiomen Valley Regional Comprehensive Plan or any
successor plan thereto; the Upper Hanover Township Open Space and
Environmental Resource Protection Plan Update (2006) or any successor
plan thereto; and the 2005 Montgomery County Comprehensive Plan, Shaping
Our Future , or any successor plan thereto, should be included in
the sources used by the applicant.
[Amended 12-9-2003 by Ord. No. 03-12; 2-13-2007 by Ord. No. 2007-01; 4-10-2007 by Ord. No. 2007-04]
G. The Township Planning Commission and/or Board of Supervisors
may request the review and recommendations of their regular advisors
or other technical experts in evaluating environmental assessment
statements. As a result of these evaluations, the Board of Supervisors
may require revisions to proposals to reduce or eliminate adverse
environmental impacts. The Board may also impose conditions on a proposal
to preclude adverse impacts resulting from future revisions, expansions
or intensifications of development or land use on the site of that
proposal.
Heliports shall be permitted when authorized
by the Board of Supervisors as a conditional use in the R-1, R-2,
R-3, CB, LI, LIC or OS Districts, or at an airport licensed by the
Federal Aviation Administration (FAA), only when licensed by the Pennsylvania
Department of Transportation (PennDOT), Bureau of Aviation, and otherwise
in compliance with applicable federal regulations.
A. No portion of a heliport, including buildings, storage,
maintenance and landing area, may be within 250 feet of a property
line of a residentially or institutionally zoned or used piece of
property.
B. Appropriate fencing shall be provided by the applicant
to restrict pedestrian and vehicular access to the heliport.
C. Development shall otherwise be in accordance with
the requirements of the district in which the heliport is located.
D. A heliport may not be used unless a valid Township
conditional use permit is in effect.
(1) Helicopter, balloon, ultra-light, or other aircraft
landing or takeoff from nonheliport, nonairport or any other site
without a valid conditional use permit may only be allowed when it
is done:
(a)
With written approval of the Board of Supervisors;
(b)
In conjunction with a special event, such as
an athletic contest, a holiday celebration, parade or similar activity,
after reasonable advance notice has been given to the Township of
the intention to do so;
(c)
On an occasional or infrequent basis from an
unprepared site either as a business accessory use or as an industrial
aid; or
(d)
When necessary for law enforcement purposes
or for medical emergencies.
(2) The applicant shall apply to the Board of Supervisors
for a tentative approval of the conditional use.
(3) Following tentative approval, the applicant shall
secure all necessary state and federal licenses and permits. The applicant
may submit plans for land development approval for the heliport at
the same time.
(4) After securing all necessary state and federal licenses
and permits, and receiving land development approval for the heliport
plan, the Board of Supervisors will grant final approval to the conditional
use application.
(5) The Township's permit shall be issued to the applicant
within 30 days after final approval of the conditional use application.
(6) When located in residential zoning districts, the
site:
(a)
Shall comply with the requirements herein applicable
to sites in other zoning districts;
(b)
Shall be used only by executive-type helicopters;
and
(c)
Shall be located not closer than 250 feet from
the closest property line.
(7) The permit shall be renewable annually.
(8) The permit shall be automatically revoked:
(a)
If the Bureau of Aviation, PennDOT revokes the
heliport's license or refuses to relicense the heliport after one
of its periodic inspections;
(b)
If the FAA withdraws or revokes its approval,
if initially required; or
(c)
Thirty days after the Zoning Officer has notified
the permit holder in writing that the heliport is no longer in compliance
with the Township permit's requirements, provided that the noncompliance
has not been corrected within those 30 days.
(9) When the heliport's permit and/or license has been
revoked, the operator shall close the by site publishing and posting
notices to that effect and employing such visual markers as are customary
for this purpose.
(10)
Other aircraft. Other aircraft, such as balloons,
ultra-lights, etc., may take off and land only at properly licensed
airports or heliports. Heliport use for these purposes shall be permitted
only when authorized by the Board of Supervisors as a conditional
use. The Board of Supervisors may limit the hours of operation and
number of aircraft involved as part of its approval.
E. Any airport or heliport operations or landings or takeoffs not in compliance with these requirements shall be a violation of this chapter, subject to the enforcement remedies found in §
500-403 herein.
F. See also Article
XXII, AZ Airport Zoning District.
Day-care facilities, as defined in this chapter,
shall be permitted only in those districts where specified as permitted
by right or by conditional use, in compliance with the requirements
of this section.
A. Child day-care facilities shall comply with the state's
regulatory standards contained in Sections 8A, 8B and 8C of Chapter
II of the Social Services Manual of the Pennsylvania Department of
Public Welfare (hereinafter referred to as DPW).
(1) Family day-care homes must hold an approved and currently
valid DPW registration certificate.
(2) Group day-care homes and day-care centers must hold
an approved and currently valid DPW license.
B. No portion of any day-care facility shall be located
within a three-hundred-foot distance of a potentially hazardous land
use or activity which could pose a threat to the safety and welfare
of the facility's occupants and staff. Hazardous land uses or activities
include but are not limited to gasoline filling stations, storage
of flammable liquids or gases, underground pipelines of flammable
materials, heavy industrial uses, and areas of abnormally high numbers
of vehicular movements.
(1) All day-care facilities shall meet the parking requirements
found in § 500-901A(11)(k).
C. On-site outdoor play area. An outdoor structured play
area or areas shall be provided adjacent to child day-care buildings,
with adequate safety, separation and protection from adjoining uses,
properties and roadways.
(1) These areas shall not be located in a yard area adjacent
to a road or heavily traveled driveway. Where play areas are located
adjacent to on- or off-site parking, loading or driveway facilities,
physical barriers shall be installed to guard against vehicles entering
the play area.
(2) For group day-care homes and day-care centers, the
play areas shall meet the setback requirements for a principal building
in the district in which they are located.
(3) Outdoor play shall be limited to the hours between
8:00 a.m. and 7:00 p.m.
D. Dropoff area. For all day-care facilities located
on roads other than residential streets, an on-site dropoff area shall
be provided with sufficient capacity for the type of facility proposed.
All dropoff areas shall provide sufficient turnaround area so that
vehicles can exit the site by driving forward.
(1) The dropoff area shall be immediately adjacent to
the day-care building and be designed so that pedestrians do not cross
vehicular traffic lanes in any parking area or driveway.
(2) In dropoff areas within parking lots, the spaces nearest
the building entrance shall be used for drop off. As part of a driveway,
the dropoff area shall be located in a vehicle turnout lane 12 feet
wide, exclusive of the driveway through lane.
(3) The minimum number of dropoff spaces (equivalent to
a parking space in size) shall be as follows:
(a)
Family day-care homes: two per home in addition
to required residential parking.
(b)
Group day-care homes: three per home in addition
to required residential parking.
(c)
Day-care centers and adult day-care facilities:
three spaces plus one for each 20 children/adults that the facility
is licensed to accommodate.
E. Registration. All day-care facilities shall be registered
with the Township and shall certify compliance with the requirements
of this chapter on an annual basis.
F. Inspection. The operator of a day-care facility shall
permit authorized agents of the Township to enter the property to
inspect the use for compliance with the requirements of this chapter,
other applicable township ordinances, and applicable state regulations.
Lighting of property that causes a hazard or
a nuisance to abutting roads and/or properties is a violation of this
chapter and shall not be permitted.
A. When lighting appears to be a potential hazard or
nuisance along public roads, the Township Zoning Officer shall determine
the need to relocate, diminish, reorient, shield or remove the light
fixtures in question, with the advice of the Township Engineer. The
determination shall be made mainly in terms of the effect of the lighting
on traffic safety, such as from glare or brightness interfering with
a driver's ability to see safely.
B. When lighting appears to be a potential hazard or
nuisance to an abutting property, the owner or tenant of the affected
property may notify the Zoning Officer, who shall then determine the
need to relocate, diminish, reorient, shield or remove the light fixtures
in question, with the advice of the Township Engineer. The following
shall be used as criteria:
(1) No light shall shine directly into the windows of
a building on abutting property.
(2) No light shall shine directly from a light source
onto the ground or improvements of an abutting property, although
incidental light may be permitted to fall on abutting property.
(3) Where the abutting property is residentially zoned or used, nonresidential uses shall direct light fixtures toward the nonresidential development and shield the residential properties from direct lighting or glare. An intensely lit nonresidential use shall also install a landscaped screen buffer along the residential property line, in compliance with the landscaping regulations in Article
V of Chapter
425, Subdivision and Land Development.
(4) Light fixtures closer to a side or rear lot line than
the side or rear yard setback shall be no more than 10 feet high and
shall be so constructed that all light shall be aimed perpendicular
to the side or rear lot line and in the direction of the nonresidential
development.
(5) All light fixtures for nonresidential uses shall use
the most current lighting industry technology to ensure that these
performance standards are satisfied.
C. The person(s) responsible for the lighting violation shall be required to correct the violation in conformance with Article
IV of this chapter.
Kennels, where specified as a permitted use
in the LIC District regulations, are subject to the following provisions:
A. A minimum lot size of five acres shall be provided.
B. No animal shelter or run shall be permitted within
100 feet of any property line or 200 feet of any other dwelling on
adjacent properties.
C. A total screen buffer, as defined in Chapter
425, Subdivision and Land Development, shall be provided along property boundaries with residential uses to control noise and odor.
D. The total number of dogs per acre shall not exceed
five, not including dogs under six months old.
[Amended 11-14-2000 by Ord. No. 00-4]
The following provisions apply to all satellite
dishes, antennas, and antenna support structures, other than wireless
or cellular communications towers and antennas. Permitted antennas
are classified as noncommercial or commercial satellite dishes or
antennas. Satellite dishes are hereinafter referred to as "dishes."
A. Permitted antennas:
(1) Noncommercial antennas. These are permitted in any zoning district, according to the provisions of §
500-826B and
D herein. Only a private noncommercial radio and/or television antenna or dish is permitted and only as an accessory use to the primary use on the lot.
(a)
Private noncommercial uses include dishes and
antennas for home use, ham radio, citizen band (CB) radio, and two-way
or one-way radio for public safety and exclude fixed-point microwaves
used by telephone or other companies, two-way radio from a base to
land-mobile antennas (such as radio-dispatched taxis), commercial
AM and FM radio antennas, commercial UHF and VHF television antennas,
and cellular communications towers and antennas.
(b)
No dish or antenna may be used for commercial
purposes if it is located in a residential district.
(c)
A dish or antenna up to three feet in diameter
and three feet in height is permitted by right, and no site plan shall
be required.
(d)
A dish or antenna more than three feet in diameter
or three feet in height is permitted by conditional use, and a site
plan shall be required.
(2) Commercial antennas. These are permitted only in the LI Limited Industrial, LIC Limited Industrial and Commercial, OS Outdoor Storage and Intensive Commercial/Industrial and CB Commercial Business Districts, according to the provisions of §
500-826C and
D herein.
(a)
Commercial dishes and antennas include, but
are not limited to, fixed-point microwaves used by telephone or other
companies, two-way radio from a base to land-mobile antennas (such
as radio-dispatched taxis), commercial AM and FM radio antennas, commercial
UHF and VHF television antennas, and antennas and dishes used for
restaurants, offices, industries or other businesses. Cellular or
wireless communications antennas are specifically excluded.
(b)
A dish or antenna up to 10 feet in height is
permitted by right, and no site plan shall be required.
(c)
A dish or antenna more than 10 feet in height
is permitted by conditional use, and a site plan shall be required.
(3) Cellular or wireless communications antennas and towers. These are permitted according to the provisions of §
500-833 herein.
B. Standards for private, noncommercial satellite dishes
and antennas:
(1) No dish or antenna shall be located in the front yard
setback or any yard area abutting a street in any district. If ground
mounted, the dish or antenna shall be located in the side or rear
yard of the lot. The dish or antenna shall be installed in the location
that will shield the view of the dish or antenna from the street or
from neighboring properties to the greatest extent feasible. If mounted
on a building, the dish or antenna shall not extend more than three
feet into a side or rear yard and may not extend into a front yard
or any yard area abutting a street in any district.
(2) No dish or antenna shall be permitted within that
portion of a yard required to be a landscaped buffer area by any provision
of this chapter.
(3) When ground mounted, the dish or antenna shall be
screened from public streets or adjoining residential districts or
uses by the installation of a fence or by planting evergreen trees
or shrubs which are the height of the dish or antenna when planted,
and which will form a complete visual barrier.
(4) No dish shall not exceed 12 feet in diameter. No roof-mounted
dish shall project more than eight feet from the roof. No ground-mounted
dish shall exceed 12 feet in height.
(5) No more than one dish shall be permitted on any lot.
If more than one antenna is required, it shall be placed on a structure
shared with other antennas.
C. Standards for commercial satellite dishes and antennas:
(1) The dish or antenna shall be installed in the location
that will best shield the view of the dish or antenna from the street
or from neighboring properties.
(2) No dish or antenna shall be permitted within that
portion of a yard required to be a landscaped buffer area by any provision
of this chapter.
(3) When ground mounted, the dish or antenna shall be
screened from public streets or adjoining residential districts or
uses by the installation of a fence or by planting evergreen trees
or shrubs which are the height of the dish or antenna when planted
or six feet (whichever is lower) and which will form a complete visual
barrier.
D. Standards for satellite dishes and antennas.
(1) Height. Dishes and antennas shall be the minimum height
needed to function satisfactorily. No dish or antenna than is taller
than this minimum height shall be approved.
(2) Setbacks.
(a)
Setbacks for all satellite dishes and antennas.
[1]
If the satellite dish or antenna is mounted
on the ground, the building setbacks required by the underlying zoning
district shall apply, except that in no case shall the setback be
less than five feet.
[2]
If the satellite dish or antenna is mounted
on a roof, it shall be no less than five feet from any property line
or party wall.
(3) Antenna and support structure safety. The applicant
shall demonstrate that the proposed antenna and support structure
are safe and the surrounding areas will not be negatively affected
by support structure failure, falling ice or other debris, electromagnetic
fields, or radio frequency interference. When required by the Township,
all support structures 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 a maximum of eight feet
in height. This requirement shall apply to all antennas and satellite
dishes that are mounted on the ground and meet either of the following
criteria:
(a)
Located in a nonresidential zoning district.
(b)
More than 10 feet in diameter or height.
(5) Landscaping.
(a)
All antennas and satellite dishes that are mounted
on the ground and are more than six feet in height or diameter shall
be landscaped using one of the following methods:
[1]
Evergreen or deciduous shrubs. Shrubs shall
be placed three feet on center in a minimum five-foot-wide bed surrounding
the antenna or satellite dish, arranged to provide a continuous hedge-like
screen at a minimum height of 3 1/2 feet at maturity.
[2]
Opaque fence with ornamental trees and shrubs.
A six-foot opaque fence surrounding site element on at least three
sides, with additional plantings at the minimum rate of three shrubs
and two ornamental trees or large shrubs for each 10 linear feet of
proposed fence arranged formally or informally next to fence.
(b)
Existing healthy trees, shrubs or woodlands
may be substituted for part or all of the required landscaping at
the discretion of the Board of Supervisors. The minimum quantities
and/or visual effect of the existing vegetation shall be equal to
or exceed that of the required buffer.
(c)
No plantings shall impede the function of the
antenna or satellite dish.
(6) Required parking. If the antenna 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
equal the number of people on the largest shift.
(7) Painting and lighting. Antenna support structures
under 200 feet in height should be painted silver or 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 FAA.
(8) Licensing. The applicant must be licensed by the Federal
Communications Commission when required.
(9) Township identification. When permits are required,
an identification tag with the Township permit number shall be attached
to all antennas, towers and dishes.
(10)
Advertising. No advertising shall be affixed
to any dish, antenna, supporting structure or tower.
(11)
Site plan. When required, the site plan shall
show the following information:
(a)
Property lines, building setbacks required by
this chapter, zoning district(s) of all adjacent lots, and areas subject
to easements and deed restrictions.
(b)
Existing buildings and other structures, streets,
sidewalks, parking areas and large trees.
(c)
The proposed antenna or satellite dish, including
any proposed fencing, guy lines, landscaping or other related features.
(d)
Any other information deemed necessary by the
Board of Supervisors.
(12)
Installation of antennas shall require a use
and occupancy permit, except for satellite dishes less than three
feet in diameter when mounted on an existing structure.
(13)
All applications must include certification
by a registered engineer that the proposed installation complies with
all applicable BOCA Code standards, including load distributions within the buildings
support structure for roof-mounted installations, for satellite dishes
more than three feet in diameter or antennas more than 10 feet in
height.
(14)
All installations shall be located to prevent
obstruction of the antenna or satellite dish reception window by potential
permitted development or landscaping on adjoining properties.
Where an unimproved lot of record is situated
on the same road frontage between two abutting improved lots or between
one unimproved lot and one improved lot, the front yard requirement
for the district shall be modified so that the front yard shall be
an average of the existing abutting front yards and the required front
yard.
In all districts the minimum building setback
from the ultimate right-of-way of all public roads shall be equal
to the minimum front yard setback for the district.
On any corner lot, no physical improvement or planting area shall be erected, altered or maintained within the vicinity of the intersection that would cause obstruction to driver vision from the abutting intersection. All development and use of land shall comply with the vehicular access analysis and its related requirements found in Article
IV of Chapter
425, Subdivision and Land Development.
Development proposed under the condominium form
of ownership shall be required to satisfy the dimensional requirements
of the zoning district in which it is located for the types of dwelling
units proposed. For dwelling units that are otherwise regulated by
minimum lot areas, lot widths, and yards, plans shall show equivalent
lotted areas, lot widths, and yard areas as dashed lines to show that
the proposed development would comply with the dimensional standards
required for those dwelling units under a fee-simple lotted plan.
Where agriculture is a permitted use or exists
as a legal nonconforming use, agricultural buildings and structures
are permitted to a maximum height of 55 feet, provided that the setback
from any property line is at least equal to the building's or structure's
height.
[Amended 4-14-2009 by Ord. No. 2009-01; 8-8-2023 by Ord. No. 2023-02]
A. Agricultural structures may be 55 feet in height in any zoning district
in which they are permitted.
B. The height of wireless communications antennas shall be as set forth in §
500-833.
C. A structure in the R-2 Medium Density Residential District or R-3
High Density Residential District may be 15 feet in height.
D. With respect to all other structures, a structure may not be taller
than the maximum allowed building height in the zoning district in
which it is located, unless the Board of Supervisors grants conditional
use approval for a greater height. In considering an application for
a conditional use regarding the height of a structure, the Board of
Supervisors shall consider:
(1)
The nature of the structure itself and the extent to which it
is consistent or inconsistent with the landscape and structures in
the vicinity of it;
(2)
The height of other buildings and structures in the area;
(3)
The proximity of residences and the extent to which the height
of the structure diminishes the quality of life for those residing
in proximity to the structure;
(4)
Whether the structure is proposed to include lighting;
(5)
Where the structure will generate noise;
(6)
The possibility of harm to persons or property even when meeting
the required yard setbacks;
(7)
Whether the structure would be subject to regulation by agencies
other than the Township and the extent to which such regulations could
have a negative impact on the community (for example, lighting required
for a structure in an established approach path to an airport; PUC
regulations applicable to water tanks, etc.).
[Added 11-14-2000 by Ord. No. 00-4]
This section regulates all types of wireless
communications antennas and related communications towers, equipment
buildings, and site development.
A. Purposes:
(1) To satisfy the need for wireless communications antennas
while carefully regulating their locations and characteristics.
(2) To minimize adverse visual effects of wireless communications
antennas, communications towers, equipment buildings, and site development
through design, siting and landscape screening standards.
(3) To avoid potential damage to adjacent properties from
communications tower failure and falling ice, through engineering
and siting standards for communications towers.
(4) To encourage the shared use (co-location) of any new
communications towers to reduce the number of such towers needed.
B. Use regulations for wireless communications antennas,
equipment buildings, and towers:
(1) Antennas permitted by right on existing towers or
other structures. Wireless communications antennas and their equipment
buildings are permitted by right only when the antennas are attached
to an existing tower or other structure as follows:
(a)
In all zoning districts. When the antennas are
attached to an existing communications tower or existing public utility
transmission tower.
(b)
In LIC, LI and OS Districts. When the antennas
are attached to an existing smokestack, water tower, or similar existing
structure more than 100 feet in height and located in the LIC Limited
Industrial and Commercial, LI Limited Industrial, and/or OS Outdoor
Storage and Intensive Commercial/Industrial Districts and on all property
owned by the Township of Upper Hanover and used for municipal services
facilities.
(2) Antennas permitted by special exception on new communications
towers. Wireless communications antennas and their equipment buildings
are permitted by special exception in the LIC Limited Industrial and
Commercial, LI Limited Industrial, and OS Outdoor Storage and Intensive
Commercial/Industrial Districts when a new communications tower is
required for the antennas. This includes communications towers proposed
to be built on existing or proposed buildings. All other uses ancillary
to the communications antenna and associated equipment (including
business office, maintenance depot, vehicle storage, etc.) are prohibited
from the wireless antenna site unless otherwise permitted in the zoning
district in which the wireless antenna site is located.
(3) Where communications antennas and towers are permitted,
they may be located on a lot that contains an existing principal use.
C. Dimensional standards for antennas, communications
towers, and equipment buildings:
(1) Size and height limits of antennas.
(a)
Directional or panel communications antennas.
These antennas shall not exceed five feet by three feet in size. The
top of these antennas shall not exceed the height of the structure
on which they are proposed to be mounted, except when mounted on a
water tower.
(b)
Omnidirectional or whip communications antennas.
These antennas shall not exceed 20 feet in height or seven inches
in diameter and may extend above the top of the structure on which
they are mounted.
(2) Height and setbacks of communications towers and equipment
buildings.
(a)
Tower height. Maximum height of a communications
tower shall be 200 feet. However, no tower or antennas shall be of
such height as to require installation of navigation lights in compliance
with the standards of the Federal Aviation Administration. The applicant
shall provide evidence that demonstrates that the proposed height
of the communications tower is the minimum height necessary to perform
its function.
(b)
Tower setbacks. Minimum setbacks for the foundation
and base for any communications tower shall be 500 feet from the street
ultimate right-of-way line and 200 feet from all property lines of
the parcel within which the tower is located (not the lease lines
proposed for tower use).
(c)
Equipment building height and setbacks.
[2]
Setbacks from property lines. Communications
equipment buildings shall comply with the setback requirements for
principal buildings in the zoning district in which the building is
located.
(d)
Tower and equipment building setbacks from other
structures. When located on a lot occupied by other structures, the
tower and equipment building shall be set back at least 25 feet from
all other structures on the lot, except that, equipment buildings
for providers using the same tower may be set back a minimum of five
feet from other providers' equipment buildings.
(3) Minimum lot size. In addition to meeting the setbacks required in Subsection
C(2)(b),
(c) and
(d) above, a communications tower and its equipment building(s) shall be located within a lot that meets the minimum lot size and other requirements of the zoning district in which it is located, although the tower and building(s) may occupy a smaller leased area within that lot. A communications facility that is designed to be unattended on a daily basis and would be visited only for regular maintenance purposes may be located on a property which contains another principal use.
D. Access, parking, security fencing and guy wires, and
landscaped screening:
(1) Access. Vehicular access shall be provided to the
equipment building(s) and antennas by means of a public street or
easement to a public street. The easement shall be a minimum of 20
feet in width and shall be improved to a width of at least 10 feet
with an improved driveway for its entire length. The driveway shall
be paved between the edge of the cartway and the ultimate right-of-way
but may be stone thereafter, in compliance with the Township's Engineering
Standards.
(2) Parking. A minimum of one off-street parking space
shall be provided for each provider using a tower or other structure
for its antennas, to a maximum of three spaces per tower or other
structure, for temporary use by maintenance or inspection personnel.
(3) Security fencing and guy wires. A security fence,
eight feet in height, shall be required to surround communications
towers and equipment buildings. For guyed towers, an eight-foot fence
shall surround the guy wire anchors. All guy wires shall be clearly
marked to be visible at all times within 15 feet of the ground. and
their anchors shall be set back at least 25 feet from property lines.
(4) Landscaped screening. Landscaped site element screens
shall be provided to screen the base of towers, equipment building(s),
parking, and guy wire anchors in compliance with the most intense
screening standards of the Township's Subdivision and Land Development
Ordinance. The landscaped site element screen shall be located outside
the fence, and landscaping shall provide all-year screening. A property
line buffer shall also be provided between these features and adjacent
residential development or zoning.
E. Special exception standards and criteria for communications
towers: New communications towers shall only be permitted by special
exception when the following conditions have been met:
(1) Evidence of need. Using technological evidence, the
applicant shall demonstrate to the satisfaction of the Zoning Hearing
Board that the communications tower must go where it is proposed in
order to satisfy its function in the provider's grid system. The applicant
shall provide a map identifying all existing and proposed towers in
the Township and adjacent communities and evaluate the use of repeater
antennas as a substitute for a new tower.
(2) Potential use of existing structures. The applicant
shall demonstrate to the satisfaction of the Zoning Hearing Board
that it has contacted the owners of potentially suitable structures
within a 1/2 mile radius of the proposed tower site and was denied
permission to install the antennas, including repeater antennas, on
those structures for one or more of the following reasons:
(a)
The proposed antennas and related equipment
would exceed the structural capacity of the existing structure, and
its reinforcement cannot be accomplished at a reasonable cost.
(b)
The proposed antennas and related equipment
would cause radio frequency interference with other existing equipment
for that existing structure or use, and the interference cannot be
prevented at a reasonable cost.
(c)
The existing structures do not have adequate
location, spaces, access or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(d)
A commercially reasonable agreement could not
be reached with the owners of the potentially suitable structures.
(3) Maintenance and removal when abandoned.
(a)
Maintenance. The applicant shall agree to maintain
the tower and related facilities in a safe condition and reasonable
appearance as long as the tower is in place.
(b)
Removal. The applicant shall agree that the
communications tower shall be dismantled and removed if the tower
remains unused for a period of 12 consecutive months. Such dismantling
and removal shall occur within six months of the expiration of the
twelve-month period. As part of the land development plan approval
process, the applicant shall post financial security in a form acceptable
to the Board of Supervisors, sufficient to ensure removal and cleanup
of abandoned facilities if the applicant fails to do so in the allotted
time period.
(4) Accommodation of other providers. The applicant shall
agree that the proposed communications tower shall be constructed
to maximize accommodation of other users, including other communications
companies and local police, fire and ambulance companies, structurally
appropriate for the proposed tower.
(5) Structural certification and annual inspections. The
applicant shall submit certification from a Pennsylvania-registered
professional engineer that a proposed communications tower and antennas
will be designed and constructed in accordance with the current structural
standards for steel antenna towers and antenna supporting structures
published by the Electrical Industrial Association/Telecommunications
Industry Association and applicable requirements of the Township's
Building Code. The provider shall have qualified inspectors conduct annual
structural inspections and provide inspection reports to the Township
certifying the structural integrity of the tower and antennas.
(6) Anticlimbing devices. All towers shall be fitted with
anticlimbing devices, as approved by the manufacturers.
(7) Appearance.
(a)
Communications towers shall be made as visually
unobtrusive as possible in order to reduce the visual impact. The
applicant shall consider the tower's setting and propose a type of
structure, colors and finishes that help the tower and antennas blend
in with their surroundings, subject to approval by the Board of Supervisors
as part of the land development plan submission.
(b)
The applicant shall provide a viewshed analysis
to determine if the proposed communications tower and antennas would
interfere with the vistas identified in the adopted Upper Hanover
Township Open Space Plan. The applicant should seek alternative locations
which will avoid such impact. If this is not feasible, the applicant
should indicate measures which will be taken to minimize the impact
on the identified vista.
(8) Signs and lights. No signs or lights shall be mounted
on a communications tower, except as may be required by the Federal
Communications Commission, the Federal Aviation Administration or
other governmental agency which has jurisdiction, or which may be
needed for emergency repair.
(9) Land development plan required. The construction of a communications tower and equipment building or cabinet shall be considered a land development and shall require submission of a complete land development plan for review and approval, as required by Chapter
425, Subdivision and Land Development.
F. Installation of antennas on existing structures.
(1) Plan requirements. The installation of communications
antennas on existing structures and the construction of new communications
equipment buildings or cabinets for those antennas do not require
the submission of a complete land development plan. However, a site
plan shall be submitted in sufficient detail to allow the Township
Engineer and Township Zoning Officer to evaluate compliance with the
requirements of this section.
(2) Additional required information. Any applicant proposing
communications antennas that will be mounted on a building or other
structure shall submit the following information:
(a)
Evidence from a Pennsylvania-registered professional
engineer certifying that the proposed installation will not exceed
the structural capacity of the building or other structure, considering
wind and other loads associated with the antenna location.
(b)
Detailed construction and elevation drawings
indicating how the antennas will be mounted on the structure, for
review by the Township Zoning Officer and Engineer for compliance
with the Township Building Code and other applicable regulations.
(c)
Evidence of agreements and/or easements necessary
to provide access to the building or structure on which the antennas
are to be mounted so that installation and maintenance of the antennas
and communications equipment can be accomplished.
G. Other requirements.
(1) All providers shall submit a copy of their FCC license
to provide wireless communications services to the Township.
(2) No towers shall be constructed on a speculation basis.
[Added 8-12-2003 by Ord. No. 03-04]
This section regulates centralized sewage/wastewater
treatment facilities within Upper Hanover Township.
A. Purposes:
(1) Provide for the reasonable development, upgrading
and expansion of public and/or private sewage collection and treatment
facilities within Upper Hanover Township.
(2) Limit the permitted sewage collection and treatment
facilities to those that serve development and land uses within Upper
Hanover Township, Marlborough Township, East Greenville Borough, Pennsburg
Borough, Red Hill Borough and Green Lane Borough, consistent with
adopted municipal and/or multi-municipal Act 537 sewage facilities
plans of those enumerated municipalities.
(3) Protect neighboring properties from potentially adverse
impacts of these facilities through property buffering, setbacks and
performance standards.
(4) Assure appropriate development, upgrading and expansion
by providing proper design and dimensional standards for development
and expansion of these permitted uses.
B. Application. These regulations shall apply to any
tract of ground occupied by, used by or proposed for the following
list of uses, regardless of the zoning district shown on the Township
Zoning Map or zoning regulations for the district in which the tract
is located. Whenever there is a conflict between the provisions of
these regulations and those of the district in which the tract is
located, these regulations shall apply.
C. Use regulations. The following uses shall be permitted in compliance with the standards in §
500-834D and
E herein, as appropriate:
(1) Centralized sewage/wastewater treatment facilities,
including:
(a)
Public or private centralized sewage/wastewater
treatment plant.
(c)
Administrative office, vehicle storage garage, or other use customarily incidental and accessory to uses listed in Subsection
C(1)(a) and
(b) herein.
D. Uses and facilities permitted by right. The following
uses shall be permitted by right, in compliance with the standards
herein:
(1) Existing uses or facilities. Uses and/or facilities specified in Subsection
C herein in existence as of the date of adoption of this amendment shall be considered conforming uses permitted by right when they comply with the following:
(a)
Status confirmation. In order to confirm the
status of a use or facility as conforming, an as-built or similarly
detailed site or land development plan shall be submitted to the Township
showing the area of the subject site devoted to such use and all existing
impervious areas and structures, along with a narrative detailing
the facility's operations. The plan and narrative shall be certified
and sealed by a licensed professional engineer.
(b)
Acceptance by Township. The plan and narrative required by Subsection
D(1)(a) above shall be subject to acceptance by the Board of Supervisors on the following basis:
[1]
The submission shall be deemed approved unless
rejected by the Board of Supervisors within 90 days following the
date of the Supervisors' or Planning Commission's meeting, whichever
first reviews the plan, next following the date the submission was
filed; and
[2]
Rejection of the submission shall be limited
to issues relating to the completeness and accuracy of the plans and
narrative.
(2) Upgrade or expansion of existing facilities. Any existing
use or facilities permitted by right shall be allowed by right to
be upgraded, expanded or improved for greater efficiency in operations
and/or to meet new governmental requirements, in conformance with
the following:
(a)
Land development plan. Where the owner of an existing facility proposes an upgrade or expansion of an existing facility involving new or enlarged structures, or a change in plant operation that will affect odor, noise or traffic, the owner shall submit a land development plan (LDP) for approval by the Township. The LDP shall be prepared in accordance with Chapter
425, Subdivision and Land Development. The plan shall be accompanied by a narrative describing the proposed project in detail.
[1]
The applicant shall, at the time of submittal
of an LDP to the Township, provide written notice of the particular
nature of the upgrade or expansion to all landowners within 500 feet
of the applicant's land within Upper Hanover Township and adjacent
municipalities. Such written notice shall be by certified mail with
return receipt requested. The applicant shall file with the Township
a certification of service.
[2]
The Township shall review the LDP in accordance
with the requirements of the SALDO and the standards therein.
[3]
Review of the LDP shall place emphasis on the
performance standards established by Township ordinances, with emphasis
on noise, odor control, and traffic.
(b)
Any upgrade or expansion shall be in accordance
with a PA DEP permit and approved Act 537 plan, where applicable.
(c)
Any upgrade or expansion shall be for the exclusive
use of Upper Hanover Township, Marlborough Township, East Greenville
Borough, Pennsburg Borough, Red Hill Borough and Green Lane Borough,
either individually or jointly.
E. Uses and facilities permitted by conditional use.
The following uses and facilities shall be permitted by conditional
use, in compliance with the standards herein:
(1) Addition of new process. The addition of a new process
not presently conducted at the site of an existing use shall be allowed
as a conditional use. "New process" shall means any means of treatment
or handling of sewage or sewage sludge generated within the limits
of an approved Act 537 sewage facilities plan for the exclusive use
of Upper Hanover Township, Marlborough Township, East Greenville Borough,
Pennsburg Borough, Red Hill Borough and Green Lane Borough, either
individually or jointly. These may include, but not be limited to,
dewatering, clarifying, digesting or drying sewage or sewage sludge,
not currently conducted at the site of any existing use.
(2) Any uses permitted under this section shall be required to submit a land development plan to the Township in the same manner as upgraded or expanded uses permitted by right. The land development plan requirements shall be as specified in §
500-834D(2)(a).
(3) Additional requirements for conditional uses.
(a)
An environmental assessment statement in accordance with §
500-820 of this chapter shall be required for all conditional uses.
(b)
Landscaped buffering shall be provided in accordance with the requirements of §
500-1803E of this chapter.
(c)
All conditional uses shall be subject to the procedures contained in §
500-818 of this chapter.
(d)
Compliance with plan submission requirements
of the Township's Subdivision and Land Development Ordinance is required.
F. Development regulations for all uses.
(1) The lot width, lot area, setbacks (or 150 feet from an occupied building, whichever is greater), building coverage, and impervious coverage requirements of §
500-1802C. of this chapter shall be applicable for public or private centralized sewage/wastewater treatment plants.
(2) No lot area minimum shall apply to sewage pumping
stations located remotely from a sewage treatment plant on a separate
lot.
(3) No sewage pumping station with an average daily flow
of 20,000 gallons per day or less (using 200 gallons per day as the
average daily flow of a residence) shall be located within 100 feet
of an occupied building.
(4) No sewage pumping station with an average daily flow greater than that defined in §
500-834F(3) shall be located closer than 150 feet from an occupied building.
(5) Building and structure height requirements of § 500-1802E
of this chapter shall be applicable to all uses covered by this section.
(6) Parking shall be calculated in accordance with §
500-901B of this chapter.
(7) Performance standards contained in §
500-817 of this chapter shall be applicable to all uses covered by this section.
(8) Any lighting provided shall comply with Upper Hanover
Township lighting regulations.
(9) Noise control standards of Article
XXVIII of this chapter shall be applicable to all uses covered by this section.
[Amended 9-13-2005 by Ord. No. 2005-10]
The following provisions apply to all self-service storage facilities, as defined by this chapter. Self-service storage facilities are permitted by right in the LIC-1, LIC-2 and LI Districts and per Article
XXIV and shall be in compliance with the requirements of this section.
A. The self-service storage facility shall be enclosed
and contained by a security fence which shall be:
(1) Equipped with at least one twenty-four-hour automated
access gate.
(2) A minimum of six feet in height.
(3) Decorative/architectural when facing a street.
B. Landscaping shall be provided in accordance with §
425-500 of Chapter
425, Subdivision and Land Development, including but not limited to street trees, property line buffers and site element screening.
C. Building color shall be compatible with the surrounding
area and reflect the architectural heritage of the Upper Perkiomen
Valley. When facing public streets, natural materials, such as, but
not limited to, brick or stucco, should be incorporated into building
facades.
D. No business activity other than the leasing of storage
units shall be conducted on the premises. One office building may
be included on the premises for this purpose and no other, and it
shall be considered accessory to the self-service storage use.
E. Only dead-storage activities shall be permitted. For
the purposes of this section, "dead storage" shall mean the keeping
of goods not in use and not associated with any office, retail or
other business activity.
F. Off-street parking spaces shall be provided on the
property situated in conjunction with the office for use by employees,
service or delivery personnel or prospective tenants. Sufficient parking
to allow for the maximum number of employees on any one shift plus
a minimum of three additional spaces must be provided, but in no case
shall fewer than five total spaces be provided.
G. The following uses/activities are specifically prohibited:
(1) Servicing or repair of vehicles, boats or other equipment;
(3) Commercial or private sales;
(5) Yard or garage sales; and/or
(6) Storage/transfer of vehicles for business purposes.
H. Storage of gasoline and similar petroleum products,
radioactive materials, explosives, highly flammable materials, hazardous
substances, chemicals, garbage, trash, highly toxic substances, and
animal carcasses or skins shall be prohibited. The operator of the
self-service storage facility shall include a provision to this effect
in any lease used to rent the storage units and shall post notices
to such effect at places likely to be seen.
I. Except as may be provided by Subsection
J below, all storage shall be within closed buildings manufactured for that purpose, built on a permanent foundation of durable, fire-resistant, waterproof materials. Trailers, box cars, sea containers, prefabricated sheds, or similar impermanent or movable structures shall not be used for storage.
J. Outdoor storage shall be allowed in conjunction with self-service storage buildings by conditional use. Any conditional use application for outdoor storage shall meet the following criteria in addition to that of Subsections
A through
H above:
(1) The area of the outdoor storage shall be limited to
15% of the proposed total storage area, as determined by the building
footprint(s).
(2) The area shall be one single designated area separate
from the storage units, such that stored vehicles shall not interfere
with traffic movement through the complex.
(3) Outdoor storage is prohibited in the front, side and
rear yards.
(4) Outdoor storage should be to the rear of the storage
buildings but shall be located in the least environmentally sensitive
area of the tract.
(5) Items stored outdoors shall be limited to registered,
noncommercial automobiles, boats, recreational vehicles, trailers
and similar vehicles, excluding mobile homes.
(6) No junk vehicles shall be stored.
(7) Human habitation of any stored item is strictly prohibited.
(8) Outdoor storage shall be subject to the site element screen category of "outdoor sales yard and vehicle storage" contained in Chapter
425, Subdivision and Land Development.
K. Self-service storage facilities proposals shall be
subject to review by local police and fire officials regarding security
and fire protection.
L. The height of the storage buildings shall not exceed
one story or a maximum of 14 feet.
[Added 6-10-2008 by Ord. No. 2008-04]
No more than one principal use shall be allowed
on any lot except where unlotted development is specifically allowed
for by this chapter.
[Added 6-10-2008 by Ord. No. 2008-04]
Retirement complexes (permitted on institutional land in the R-1 District, see §
500-1204) shall also be in compliance with the requirements of this section.
A. Use regulations. Within a retirement complex, a building
or buildings may be erected, altered or used and a lot or premises
may be used or occupied for any of the following uses and not any
other:
(1)
Independent dwelling units. Single-family detached
dwellings, single-family semidetached dwellings, two-family detached
dwellings and single-family attached dwellings (provided that no more
than six single-family dwelling units are attached in a linear row).
Each individual dwelling unit shall contain complete kitchen, toilet
and bathing facilities and shall have at least one outside window.
(2)
Apartment housing units. Multifamily dwellings
in which each group of living units is associated with one or more
common areas designed for the exclusive benefit of the group. Each
living unit shall contain at a minimum a private or semiprivate bedroom
and a private complete bathroom. Each living unit shall provide space
and facilities for cooking and related kitchen activities, dining,
bathing and toilet functions. Common areas may also be provided for
recreation, relaxation, clothes washing, and similar activities.
(3)
Skilled care facilities. Premises or a portion
thereof used to house and care for persons requiring hospitalization,
skilled or continuous nursing care, or any combination thereof, for
periods exceeding seven consecutive days.
(4)
Personal care congregate facilities also called
"assisted living facilities." Premises or a portion thereof in which
food, shelter and personal assistance or supervision are provided
for a period exceeding 24 consecutive hours for residents requiring
supervision and assistance in such matters as dressing, bathing, diet
or medication prescribed for self-administration, but not requiring
hospitalization or skilled nursing care. Facilities shall include
a living/sleeping area and a private powder room and bath (although
a shared bath will be permitted).
B. Development regulations. The following density, area,
width and yard regulations shall apply in a retirement complex:
(1)
Building size. Not more than six single-family
attached dwellings shall be placed in a continuous attached row.
(2)
Distance between buildings. The horizontal distance
between any two buildings shall not be less than:
(a)
For any two exterior facing walls (the building
of which is oriented front to front, front to rear, or rear to rear),
the minimum distance apart shall be equal to 1 1/2 times the
height of the tallest building.
(b)
For any combination of exterior facing walls not qualified under §
500-837B(2)(a) above, the total distance apart shall be 1/2 the height of the taller building.
[Amended 4-14-2009 by Ord. No. 2009-01]
(3)
Setbacks. The following minimum setbacks shall
be observed:
(a)
Apartment housing units, skilled care facilities
and personal care congregate facilities: 100 feet from any property
line.
(b)
Independent dwelling units: 40 feet from any
property line.
(c)
Seventy-five feet from the ultimate right-of-way
of public street.
(d)
Twenty-five feet from any internal driveways
within a retirement complex development.
(e)
Fifteen feet from any parking area, except that,
for a private drive for any single-family detached or semidetached
dwelling unit, it will be 10 feet from any parking area. The setback
or dropoff areas for the apartment housing units, the personal care
facility and skilled care facility will be 10 feet from any parking
area.
(4)
Height of buildings. The maximum height for any building in a retirement complex shall not exceed 35 feet, except that the maximum height of apartment housing units, skilled care facilities or personal care congregate facilities may be increased by five-foot increments for every additional 10 feet of building setback as specified in §
500-837B(3)(a) herein. Under no circumstances shall the height of a building exceed 50 feet.
[Amended 4-14-2009 by Ord. No. 2009-01]
C. General requirements.
(1)
Utilities. All buildings within a retirement
complex shall be served by a public sewage disposal system and by
centralized water supply facilities. In addition, all utility lines
(electric, telephone, etc.) shall be placed underground.
(2)
Common areas and facilities. Where facilities
serving the entire development, such as parking lots, interior pedestrianways,
driveways, alleys, lighting facilities, landscaped planting areas,
buffers, open spaces, and recreation areas, are provided in common
areas, provisions shall be made for their perpetual maintenance and
care by the applicant.
(3)
Upon receipt of the Planning Commission recommendation,
the Board of Supervisors shall review the preliminary plans and may:
(a)
Grant preliminary approval of the development
plans as submitted.
(b)
Grant preliminary approval subject to specified
conditions not included in the development plan as submitted; or
(c)
As provided in Chapter
425, Land Development Ordinance, deny preliminary approval of the development plan.
(4)
Upon approval of the preliminary plan or approval thereof with conditions, the developer shall submit, within one calendar year unless otherwise extended by the Board of Supervisors, a final development plan to the Upper Hanover Township Planning Commission complying with the requirements of Chapter
425, Subdivision and Land Development, for Planning Commission review and recommendations. The Planning Commission may require that the final development plan be submitted separately for the first and each successive stage.
[Amended 4-14-2009 by Ord. No. 2009-01]
(5)
The Planning Commission shall determine at each stage if the final development plans conform to the preliminary plans and the requirements of this chapter and Chapter
425, Subdivision and Land Development. The Commission, having reviewed the final development plans, shall present its recommendations to the Board of Supervisors.
(6)
Upon approval of the final development plans by the Board of Supervisors and execution by the developer of any necessary land development agreement with the Township of Upper Hanover and posting by the developer of security for construction of public improvements, as required by Chapter
425, Subdivision and Land Development, construction shall begin in accordance with the approved final plan within one year unless otherwise extended by the Board of Supervisors. If the retirement complex is to be developed in stages, the initial development must be completed within two years after the final development plan has been approved, unless otherwise extended by the Board of Supervisors. In the event that construction is not started or completed within the specific time, zoning permits may be revoked.
(7)
Nothing herein shall be construed to confer
a tax-exempt status on any retirement complex permitted and/or approved
in accordance with the terms of this article and/or chapter.
[Added 10-13-2009 by Ord. No. 2009-03]
The following provisions apply to private noncommercial windmills
as defined by this chapter. A private noncommercial windmill is a
structure and shall be considered only as an accessory use/structure
in all zoning districts. Private noncommercial windmills shall be
allowed only in compliance with the requirements of this section.
A. Any windmill which consists of a mast or tower with a turbine (not
meant to include roof-mounted systems) shall be located on a property
with a minimum net lot area of two acres.
B. Height and setback shall be in accordance with §
500-832.
C. A windmill (except for roof-mounted systems) shall be located to
the rear of the principal structure on the lot.
D. There shall be a maximum of one windmill for a single parcel or for
adjacent parcels held in common ownership.
E. Power generated by a windmill shall be for use only on the property,
or an assemblage of properties under common ownership, except that
excess power shall be sold back to the grid.
F. Proof of utility notification and approval is required.
G. All windmills shall be installed, operated and maintained in strict
compliance with the manufacturer's instruction and/or guidelines.
In the event that a conflict arises between the manufacturer's instructions
and/or guidelines and the regulations contained herein, the stricter
shall apply.
H. Any required wiring shall be underground or interior to the windmill.
I. If guy wire anchors are required, they shall be set back from the
property line a minimum of 10 feet.
J. The minimum clearance between the lowest arc of the turbine blades
and the ground shall be 20 feet.
K. Windmills shall comply with all regulations of the Federal Aviation
Administration (FAA).
L. No lighting, unless required by the FAA, shall be utilized or attached
to a windmill.
M. No signage or any forms of advertising shall be utilized or attached
to a windmill.
N. Noise shall comply with Article
XXVIII.
O. If the use of a windmill is abandoned for a period exceeding 18 months,
the windmill must be removed.
[Added 10-13-2009 by Ord. No. 2009-03]
The following provisions apply to outdoor solid-fuel-burning
furnaces as defined by this chapter. An outdoor solid-fuel-burning
furnace is a structure and shall be considered only as an accessory
use/structure in all zoning districts. Outdoor solid-fuel-burning
furnaces shall be allowed only in compliance with the requirements
of this section.
A. These requirements do not apply to the following:
(1)
Grilling/cooking using charcoal, wood, propane or natural gas
in grilling/cooking appliances.
(2)
Burning in a stove, furnace, fireplace or other heating device
within a building or structure used for human or animal habitation.
(3)
The use of propane, acetylene, natural gas, gasoline or kerosene
in a device intended for heating construction activities.
B. An outdoor furnace shall not burn any of the following materials:
(1)
Rubbish or garbage, including but not limited to paper, food
wastes, food wraps, packaging, animal carcasses, paint or painted
materials, paint thinner, furniture, composite shingles, demolition
and construction debris or other household or business wastes;
(2)
Waste petroleum and/or oil or other oily wastes;
(3)
Asphalt and products containing asphalt;
(4)
Treated, painted, or varnished wood or wood products, including
but not limited to plywood, composite wood products, and oriented
strand board;
(5)
Any plastic material, including but not limited to nylon, polyvinylchloride
(PVC), acrylonitrile butadiene styrene (ABS), polystyrene or urethane
foam, and synthetic fabrics, films and containers;
(6)
Rubber, including tires and synthetic rubber-like products;
(7)
Any material that is not recommended for burning by the manufacturer
of the outdoor solid-fuel-burning furnace;
(8)
Lawn clippings, leaves, garden residue, tree trimmings, chipped
shrubbery, yard waste, saltwater driftwood, and other vegetative material;
C. Any outdoor solid-fuel-burning furnace shall be located a minimum
of 150 feet from any property line.
D. The minimum chimney height of any outdoor solid-fuel-burning furnace
shall be 20 feet. If there are any residences or other buildings or
structures that are regularly occupied (such as schools, offices and
the like) within 600 feet or closer, the chimney shall extend at least
five feet above the height of the roofs of such residences or buildings.
E. An outdoor solid-fuel-burning furnace shall be used for the sole
purpose of furnishing heat and/or hot water to a dwelling or other
structures on the same lot on which it is located.
F. There shall be a maximum of one outdoor solid-fuel-burning furnace
for a single parcel or for adjacent parcels held in common ownership.
G. No signage or any forms of advertising shall be utilized or attached
to an outdoor solid-fuel-burning furnace.
H. Each outdoor solid-fuel-burning furnace shall have an orange hang
tag that signifies that it meets the Environmental Protection Agency's
(EPA) standards for Phase 1 air emission levels of 0.60 pound of fine
particulates per million Btu heat input and qualifies for the EPA's
voluntary program, as well as any amendments or modifications made
hereafter.
I. All outdoor solid-fuel-burning furnaces shall be installed, operated
and maintained in strict compliance with the manufacturers' instructions
and/or guidelines. In the event that a conflict arises between the
manufacturer's instructions and/or guidelines and the regulations
contained herein, the stricter shall apply.
J. In the event that an outdoor solid-fuel-burning furnace is damaged
by more than 50% or it is physically deteriorated or decayed, said
furnace must be removed and/or replaced with a new unit within 60
days of the date that notice is received from the Township of Upper
Hanover. In the event of replacement, all provisions of this chapter
shall be complied with.
[Added 11-10-2009 by Ord. No. 2009-08]
Campgrounds shall be as permitted and regulated in Article
XXVII and shall also be in compliance with the requirements of this section.
A. Campgrounds shall be allowed only on a lot of a minimum of 25 acres
(gross lot area). Campgrounds may be allowed on the same lot as another
recreational use, as long as it can be shown, by means of a land development
plan, that the uses are designed such that subdivision could be accomplished
in compliance with all applicable zoning requirements.
B. Campsites shall be set back a minimum of 100 feet from the ultimate
right-of-way line of any public street and a minimum of 150 feet from
all other property lines.
C. The total number of campsites shall be limited to 10 per acre of
developable lot area regardless of the type of camping unit, and a
minimum of 3,000 square feet shall be available for each individual
campsite. The maximum number of campsites determined at the above
rate is not guaranteed and may not be achievable depending on the
configuration of the existing lot, the location of existing features,
the applicant's choice of accessory uses and layout, and other factors.
D. Each campsite shall contain a generally level and well-drained parking
space measuring no less than 10 feet by 20 feet, or an equivalent
number of spaces shall be provided in a common parking area.
E. Every campground shall have an internal road system designed as follows:
(1)
The minimum width shall be 20 feet for two-way traffic (12 feet
for one-way traffic).
(2)
Sidewalk and curb are not required.
(3)
Roads are not required to be paved, but the construction must
be such that the surface shall remain mud- and dust-free.
(4)
Alignment of the internal road system shall be in accordance
with "Alignment of Streets and Driveways" contained in the Subdivision
and Land Development Ordinance.
(5)
Final design and construction of the internal road system must
be determined acceptable by the Township Engineer.
F. Each campsite must have direct access to the internal road system.
G. Common parking areas shall comply with the standards of the Upper
Hanover Township Subdivision and Land Development Ordinance.
H. Campgrounds shall have primary vehicular access to a minor collector
street or a street of higher classification, except that campgrounds
containing 100 or more campsites shall have primary vehicular access
to a major collector street or a street of higher classification.
I. The campground may dedicate space/area to active and passive recreational facilities which shall be clearly incidental and accessory to the campground. All such facilities shall be for the use of guests of the campground only. Active recreational facilities shall be subject to the criteria in §
500-2704H herein, while passive recreational facilities shall be set back a minimum of 25 feet from property lines and the ultimate right-of-way of public streets.
J. All structures containing accessory uses such as retail stores, maintenance
buildings, offices, and storage shall be for guests only and shall
be clearly incidental and accessory to the campground use. Access
to parking provided for any such structure shall be from the internal
road system only.
K. There shall be a maximum of one recreational vehicle per campsite.
L. Campgrounds shall be seasonal with the maximum season extending from
March 1 until December 1 of each year.
M. Season-long occupancy of any portion of the campground is prohibited
by any guest. A guest shall not occupy any campsite for more than
nine consecutive weeks. After occupancy in any campsite in the campground
for nine consecutive weeks, a guest shall not occupy any campsite
for more than three nights in any one week for a period of four consecutive
weeks. The owner of the campground shall maintain a daily registration
list in the office. Such list shall indicate the guest of the campground
for every night and shall be made available to the Board of Supervisors
or any person authorized by them. The owner shall retain each registration
list for a period of one year.
N. Signs associated with the campground shall not be internally illuminated.
Signs related to accessory uses shall be internal to the campground;
that is, they shall not be located within 100 feet of an ultimate
right-of-way of any public street.
[Added 3-12-2019 by Ord.
No. 2019-04]
Solar energy systems are permitted as an accessory use in all
residential zoning districts subject to the following specific criteria:
A. Lot, yard and bulk requirements.
(1)
Setback restrictions.
(a)
Solar energy system components shall comply with the accessory
structure setbacks for the zoning district in which the system is
located.
(b)
Solar energy system components shall not encroach upon any right-of-way
easement, including but not limited to water, stormwater, sanitary
sewer, natural gas, telephone and electrical easements.
(c)
Solar energy systems shall not encroach upon any stormwater
management facility.
(2)
Height restrictions.
(a)
Building-mounted solar energy systems shall not exceed the maximum
height restriction imposed upon principal and accessory structures
and uses within the applicable zoning district. For purposes of height
measurement, building-mounted solar energy systems shall be considered
equipment or mechanical devices in the zoning district in which the
solar energy system is located.
(b)
Ground-mounted or freestanding solar energy systems shall not
exceed the applicable maximum accessory structure height in the zoning
district in which the solar energy system is located.
(3)
Impervious coverage.
(a)
For purposes of determining compliance with building coverage
standards of the applicable zoning district, the total horizontal
projection area of all ground-mounted and freestanding solar collectors,
including solar photovoltaic cells, panels, arrays, inverters and
solar hot air or water collector devices, shall be considered pervious
coverage so long as pervious conditions are maintained underneath
the solar photovoltaic cells, panel, arrays and solar hot air or water
collector devices.
C. Operation and performance standards.
(1)
Solar energy systems shall be operated in compliance with all
federal, state and local laws and regulations.
(2)
Solar energy systems shall not be used to display advertising
or decoration, including signage, streamers, pennants, spinners, reflectors,
ribbons, tinsel, balloons, flags, banners, lights, or similar items.
Manufacturers and equipment information, safety warnings, and ownership
information may be displayed on solar energy system equipment provided
such information complies with applicable sign regulations.