[Ord. 9-94, 4/7/1994, § 801]
1.
Frontage Required Onto Improved Street.
A.
Every principal building shall be built upon a lot with permanent access upon a public street or a private street that is improved to meet Township standards including a street right-of-way, or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Township Subdivision and Land Development Ordinance (Chapter 22). In the case of townhouses or garden apartments, this requirement may be met by access onto a parking court which has access onto such street.
B.
See the Township Subdivision and Land Development Ordinance (Chapter 22) regarding required improvements to streets. (As of 1993, this included § 702 of such ordinance.)
C.
If a preexisting lawful lot only has access onto an existing private
street that does not meet Township standards and the improvement of
that street is reasonably beyond the control of the applicant, the
lot may be used for a single permitted by right use, but no new lots
shall be created that will not be able to meet this requirement.
2.
Multiple Uses in a Building. A commercial or industrial building
may include more than one establishment of the same type of use (such
as two retail sales uses), provided all other requirements of this
Chapter are met. However, a building may only include a single type
of use, except as is specifically permitted by this Chapter (such
as a permitted flexible building or a permitted shopping center).
3.
Multiple Buildings on a Lot. An approved commercial, institutional,
industrial or garden apartment lot may include more than one principal
building. In such case, the minimum front, side and rear yard requirements
shall be provided only at lot lines of the property. Individual buildings
or portions of such buildings may be held in approved condominium
ownership, but the lot shall be owned by a single legal entity.
4.
Minimum Size of Dwellings. Each dwelling unit shall include a minimum
of 600 square feet of habitable, indoor, heated floor area.
[Ord. 9-94, 4/7/1994, § 802]
1.
Height Exceptions. The maximum structure height specified for each
district shall not apply to farm silos and associated agricultural
structures, communications towers, amateur radio antenna, water towers,
clock or bell towers, steeples of places of worship, electrical transmission
lines, elevator shafts, windmills, chimneys or other appurtenances
usually required to be and customarily placed above the roof level
and not intended for human occupancy. For these exempted structures,
the maximum height shall be 250 feet above the average surrounding
ground level.
2.
Height and Airport Approaches. At a minimum, any structure proposed
to have a height of 75 feet or more above average surrounding ground
level shall present sufficient information to the Zoning Officer to
prove that the structure would comply with all applicable federal,
state and Township requirements regarding airport approaches and warning
lights.
[Ord. 9-94, 4/7/1994, § 803]
1.
In General.
A.
No lot, structure or use shall be created or developed in such a
way that it would result in another lot, building or use not being
able to meet the requirements of this Chapter. This includes, but
is not limited to, setback areas, nonimpervious areas and off-street
parking areas.
B.
Emergency Access. All uses and structures shall have adequate provisions
for access by emergency vehicles.
D.
Accuracy. The applicant is responsible to make sure that all measurements
submitted to the Township are accurate.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
B.
Through Lots. Any lot having frontage on two approximately parallel
streets (not including an alley) shall provide a required front yard
setback abutting each of these streets.
C.
Corner Lots. A setback area equal to the minimum front yard setback
shall be provided along all portions of a corner lot abutting any
public street, except where the applicant proves to the satisfaction
of the Zoning Officer that the provision of a smaller setback of a
different yard for a residential building will conform with the clearly
prevailing yard pattern on numerous existing developed adjoining lots
fronting on the same street.
E.
Projections into Required Yards.
(1)
Cornices, eaves, sills or other similar architectural features,
exterior stairways, fire escapes or other required means of egress,
rain leads or chimneys or other similar structures that do not include
space usable by persons may extend or project into a required yard
not more than three feet, except as may be required within a drainage
or utility easement.
(2)
Steps, stoops and landings necessary to provide entrance to
a building may be located within a required setback area.
(3)
Notwithstanding the above exceptions there shall be no encroachments
into any drainage or utility easement.
[Added by Ord. 2010-6, 8/19/2010]
F.
Septic Systems. Nothing in this Chapter shall prevent the Township
Sewage Enforcement Officer from requiring a minimum lot area larger
than what is stated in this Chapter to carry out state and Township
sewage regulations.
G.
Previously Approved Setbacks. Where a subdivision or land development
was granted final approval prior to the adoption of this Chapter,
and the lawful setbacks in effect at such time are shown on the approved
plans, at the option of the developer, those approved setbacks may
apply in place of any revised setbacks in this Chapter.
H.
Front Yard Setback Exception. In any residential district where more
than 75% of the residential block frontage has been improved prior
to the effective date of this Chapter with buildings having front
yards of less depth than that required for the particular zoning district,
then the required front yard setback may be decreased for such block
to not less than the minimum of the majority of such buildings. Once
established, this minimum building setback shall be regarded as the
front setback for that block and maintained as such.
I.
Power Line Setbacks. For a principal residential building, primary
or secondary school or day-care center, one of the required building
setbacks (front, side or rear) shall be measured from the right-of-way
or easement of any electric overhead transmission lines intended to
have a capacity of 35 kilovolts or higher.
J.
Off-Road Vehicles. Motorized vehicles that are not licensed and fit
for immediate use on public streets, other than vehicles clearly used
primarily for agricultural purposes, shall not be operated within
100 feet of any lot line.
3.
Sight Distance at Intersections.
[Amended by Ord. 2010-6, 8/19/2010]
A.
Intent. An approach sight triangle shall be applied to each leg of
an intersection to ensure that traffic passing through the intersection
or turning onto a street can safely see approaching emergency vehicles.
These regulations are contained in Geometric Design for Highways and
Streets, latest edition. These sight triangles vary with the speed
limit established for the roadway. Sight triangles shall be a minimum
of 115 feet for 25 mph; 165 feet for 35 mph, 195 feet for 40 mph,
220 feet for 45 mph, 245 feet for 50 mph and 285 feet for 55 mph and
above. The distance shall be measured from the center of the approach
and conflict lanes. This approach distance does not apply to driveways.
Safe sight distances for stop or other controlled conditions for roadways
and driveways are regulated by the Subdivision and Land Development
Ordinance,[2] which requirements are in addition to the requirements
of this section.
[Amended by Ord. 2013-1, 3/7/2013]
B.
A triangular area as described in this Section shall be graded and
shall be kept free of sight obstructions between a height of two,
and eight feet, including structures, nontransparent fences, vegetation
and signs (not including sign posts of less than one foot in width
or the trunks of deciduous trees).
C.
This sight distance triangle shall be shown on development plans
submitted to the Township and on any plan required to be recorded.
Such triangle shall serve as a permanent setback line for all such
visual obstructions and shall be binding upon present and future owners
of the land.
4.
Buffer Yards. Buffer yards and screening complying with the following
standards shall be required under the following situations:
A.
Buffer Yard Width, When Required. Buffer yards with evergreen screening
shall be required in the following situations, with whichever is most
restrictive applying.
|
Buffer Yard to be Provided by the Following:
|
When the Use Providing the Screening and Buffer
Is:
|
Width of Required Buffer Yard
(feet)
| |
|---|---|---|---|
|
1.
|
Any newly developed or expanded nonresidential use,
other than a manufacturing use and other than within an NC District
|
Visible from and abutting a residential lot line or
within 300 feet of an existing dwelling or an existing principal building
of a primary or secondary school
|
50, if such uses/districts are also separated by a
street;
75, if such uses/districts are not also separated by
a street
|
|
2.
|
Any newly developed or expanded nonresidential use,
other than a manufacturing use within an NC District
|
Visible from and abutting a residential lot line or
within 300 feet of an existing dwelling or an existing principal building
of a primary or secondary school
|
15, if such uses/districts are also separated by a
street;
20, if such uses/districts are not also separated by
a street
|
|
3.
|
Any newly developed or expanded industrial outdoor
storage area, loading area or area routinely used for the parking
of four or more tractor-trailers
|
Visible from and abutting the existing right-of-way
of an expressway, arterial or collector street
|
15, unless such area would be completely screened from
view of such streets by buildings
|
|
4.
|
Any newly developed or expanded industrial outdoor
storage area, loading area, area routinely used for the parking of
four or more tractor-trailers or refrigerated trucks, or a manufacturing
use
|
Visible from and abutting a residential lot line or
within 300 feet of an existing dwelling or an existing principal building
of a primary or secondary school
|
50, if such uses/districts are also separated by a
street;
|
|
5.
|
A parking lot of more than 25 spaces
|
Visible from and within 100 feet of an existing dwelling
or a primary or secondary school
|
15, except 50 when abutting a primary or secondary
school
|
|
6.
|
Any use other than above
|
Required to provide a buffer yard under another section
of this Chapter
|
15, unless stated otherwise
|
B.
Location of Buffer Yards.
(1)
The buffer yard shall be measured from the district boundary
line, future street right-of-way line or lot line, whichever is applicable.
(2)
Plants needed for the visual screen shall not be placed within
a future street right-of-way. The required buffer yard width shall
be in addition to the required future street right-of-way.
(3)
The buffer yard may include areas within a required front, side
or rear yard, or a paved area setback area, provided the larger yard
requirement shall apply in case of overlap.
(4)
A business use shall not be required to provide a buffer yard
for an adjacent residential use or district if the uses/districts
are separated by an expressway. However, outdoor storage or tractor-trailer
parking adjacent to an expressway shall still provide any required
buffer yard and screening.
C.
Characteristics of Buffer Yards.
(1)
The buffer yard shall be a landscaped area free of structures,
dumpsters, commercial or industrial storage or display, manufacturing
or processing activity, materials, loading and unloading areas or
vehicle parking or display. No new driveways or streets shall be permitted
in the buffer yards except at points of approved crossings for ingress
or egress.
(2)
Maintenance. In buffer yards, all areas not covered by trees
and shrubs shall be well-maintained in an all-season vegetative ground
cover (such as grass) and shall be kept free of debris and rubbish
and shall not include grass areas higher than eight inches.
(3)
Preservation of Existing Vegetation or Slopes. If an applicant proves to the satisfaction of the Zoning Officer that an existing healthy tree line, attractive thick vegetation, natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes as plant screening that would otherwise be required, then such preserved existing buffer shall be permitted to be used in place of planting new plants. In such case, the width of the buffer yard required by Subsection 4A of this § 27-803 shall still apply. If this existing buffer requirement is removed, the applicant shall be required to plant a buffer yard that will meet the planting requirements of this Section.
(4)
Fence. Any fence in a buffer yard shall be placed on the inside
of any required evergreen screening.
D.
Plant Screen.
(1)
Each buffer yard shall include a planting screen of trees or
shrubs extending the full length of the lot line.
(2)
Each planting screen shall meet the following requirements:
(a)
Plant materials needed to form the visual screen shall have
a minimum height of four feet when planted.
(b)
Plants needed to form the visual screen shall be of such species,
spacing and size as can reasonably be expected to produce within three
years a solid year-round visual screen at least six feet in height.
(c)
The plant screen shall be permanently maintained by present
and future landowners. Any plants needed to form the visual screen
that die or are removed shall be replaced within 120 days.
(d)
The plant screen shall be placed so that at maturity the plants
will be at least five feet from any cartway and will not grow over
an exterior lot line.
(f)
Evergreen trees likely to grow substantially in diameter should
be planted in two or more rows or offset, if needed, to allow space
for future growth.
E.
Buffer Yard Plans.
(1)
Prior to the issuance of a permit under this Chapter, where
a buffer yard would be required and on any required subdivision or
land development plan, the applicant shall submit plans showing:
(2)
The Zoning Officer shall review such plans to determine that
the plans are in conformance with the terms of this Chapter.
F.
Species of Plants in Visual Screens. Trees and shrubs needed to form
a required visual screen shall be of the following or closely related
species, unless the applicant proves to satisfaction of the Planning
Commission or Zoning Officer that a substitution would be appropriate.
A required visual screen shall primarily include evergreen plants.
Leafy deciduous plants may be selectively used, provided that their
use does not result in significant visual openings during the winter.
If more than 25 plants are needed to form a visual screen, then a
maximum of 75% of such plants shall be of one species.
(1)
Buxus — all varieties of Boxwood.
(2)
Caragana arborescens — Siberian pea shrub.
(3)
Cephalanthus occidentalis — Button bush.
(4)
Chaenomeles japonica — Flowering quince.
(5)
Cornus — all varieties of Dogwood.
(6)
Cotoneaster divaricata — Spreading or Upright cotoneaster.
(7)
Crataegus crusgalli — Cockspur thorn.
(8)
Crataegua phanenopyum — Washington hawthorn.
(9)
Elaeagnus angustifolia — Russian olive.
(10)
Eucalyptus — all varieties of Eucalyptus.
(11)
Euonymus — all varieties of Euonymus.
(12)
Forsythia spectabilis — Showy forsythia.
(13)
Hamamelis — all varieties of Witch Hazel.
(14)
Hydrangea arbrescens — Hills of Snow hyrangea.
(15)
Ilex — all varieties of Holly.
(16)
Juniperus — all varieties of Junipers
(17)
Kolkwitzia amabilis — Beauty bush.
(18)
Laurus mobilis — Sweet-bay.
(19)
Ligustrum — all varieties of Privet.
(20)
Lonicera — all varieties of Honeysuckle.
(21)
Magnolia stellata — Star magnolia.
(22)
Picea — all varieties of Spruces.
(23)
Pinus — all varieties of Pines.
(24)
Photinia — all varieties of Photinia.
(25)
Pseudotsuga — all varieties of Firs.
(26)
Pyracantha lalandei — Laland firethorn.
(27)
Rhamnus davurica — Dahurian buckthorn.
(28)
Rhamnus frangula — Glossy or Alter buckthorn.
(29)
Spirea — all varieties of Spirea.
(30)
Syringa — all varieties of Lilac.
(31)
Taxus — all varieties of Yews (except avoid near livestock
uses to prevent poisoning).
(32)
Thuja occidentalis — American arborvitae.
(33)
Thuja orientalis — Oriental arborvitae.
(34)
Tsuga — all varieties of Hemlocks.
(35)
Viburnum — all varieties of Viburnum.
G.
Earth Berms. If an earth berm is required under this Section, it
shall meet the following requirements:
(1)
The berm shall have a minimum average height of five feet above
the average finished ground level (disregarding drainage channels)
on the school or residential side of the berm.
(2)
Evergreen screening required in a buffer yard by § 27-803 shall be placed on the top or on the school/residential side of the berm.
(3)
The berm shall be continuous along such boundary, except at
approved driveway entrances and exits, and along segments where it
is impossible to provide such berm while still providing adequate
sight distance for traffic.
(4)
Any chain-link fencing shall be provided on the business side
of the berm.
(5)
The berm shall have a maximum side slope of three horizontal
to one vertical.
(6)
The entire berm shall be covered by a well-maintained and attractive
all-season vegetative ground cover.
(7)
The berm may be located within a required buffer yard.
[Ord. 9-94, 4/7/1994, § 804]
1.
Ground Cover. Any part of a commercial, industrial, institutional
or garden apartment lot which is not used for structures, loading
areas, parking spaces and aisles, sidewalks and designated storage
areas shall be provided with an all-season, well-maintained vegetative
ground cover, and shall be landscaped with trees and shrubs.
[Ord. 9-94, 4/7/1994, § 805]
1.
Purpose. Minimum future/ultimate right-of-way widths are established
for streets where the existing right-of-way is less than that indicated
in this Section for the particular classification of street. These
future rights-of-way are designed to reserve adequate rights-of-way
for future circulation improvements, including street widenings, intersection
realignments and widenings, shoulders, bikeways and sidewalks, and
to provide rights-of-way for needed public sewer and waterlines and
other utilities and drainage improvements.
2.
Dedication of Future/Ultimate Right-of-Way.
A.
Any lot proposed for a subdivision or land development shall include
the reservation of the future right-of-way provided for under this
Section. Such reservation shall be noted on the plan.
C.
If such right-of-way would be along a state road and PennDOT will
not accept it, or if such right-of-way would be along a Township road,
then the applicant shall offer to dedicate the right-of-way to the
Township. The Township may then donate such right-of-way to PennDOT
in the future.
D.
If the Township does not wish to accept right-of-way at the present
time, the applicant is requested to provide a legal mechanism for
the right-of-way to be dedicated by the present or future owner at
such time as the Township or PennDOT may request dedication in writing.
3.
Measurement.
A.
The future right-of-way shall be measured with 1/2 on either side
of the center line of the existing right-of-way. If the existing right-of-way
is clearly significantly off center of the cartway, the center line
of the cartway shall be used.
4.
Minimum Widths. The following future rights-of-way shall be reserved
along each of the following existing streets:
|
Street Classification
|
Minimum Future Right-of-Way
| |
|---|---|---|
|
Expressway
|
None additional
| |
|
Arterial street-major
|
80 feet
| |
|
Arterial street-minor
|
70 feet
| |
|
Collector street
|
60 feet
| |
|
Local/marginal access/private streets
|
50 feet
| |
|
Intersection of two arterial streets
|
Land within a triangle formed by connecting lines stretching
80 feet along the center lines of the rights-of-way of the arterial
streets in all directions from the intersection of the center lines
of such rights-of-way, or as otherwise approved by the Board of Supervisors
|
5.
Maintenance. The owner of the adjacent property shall be responsible
for maintenance of portions of the right-of-way not used for vehicles.
6.
Right-of-Way Exceptions.
A.
As a conditional use, the Board of Supervisors may approve a reduction
in the minimum future right-of-way where the applicant clearly proves
to the satisfaction of the Board of Supervisors either of the following:
(1)
That the proposed use and/or subdivision is of such low intensity
that it will not create measurable adverse impacts on the adjacent
street system.
(2)
That it would be for practical purposes infeasible for the street
to be substantially widened at any time in the future because of the
existence of substantial existing buildings on the applicable side
of such street within close proximity to such street and that the
additional right-of-way is not needed for the extension of water and
sewer lines.
B.
Right-of-way shall not be required to be dedicated in specific locations
that are presently occupied by buildings that are proposed to remain.
[Ord. 9-94, 4/7/1994, § 806]
1.
Proof and Registration of Nonconformities. It shall be the responsibility
of, with the burden of proof upon, a party asserting a nonconformity
to provide the evidence that it is lawful. A property owner may request
a written statement of nonconformity from the Zoning Officer after
providing sufficient evidence.
2.
Continuation. A lawful nonconforming use, structure or lot, as defined
by this Chapter, may be continued and may be sold and continued by
new owners. Any expansion of, construction upon or change in use of
a nonconformity shall only occur in conformance with this Section.
3.
Expansion of, Construction Upon or Change in Use of Nonconformities.
A.
Nonconforming Structure.
(1)
The Zoning Officer shall permit a nonconforming structure to
be reconstructed or expanded, provided:
(a)
That such action will not increase the severity or amount of
the nonconformity (such as the area of the building extending into
the required setback) or create any new nonconformity.
(b)
That any expanded area will comply with the applicable setbacks
in that district and other requirements of this Chapter.
(2)
In the case of a nonconforming structure which is used by a
nonconforming use, any expansion shall also meet the requirements
of this Section regarding nonconforming uses.
(3)
A second floor may be added directly above an existing first
floor of a nonconforming structure, provided other requirements of
this Chapter are met.
B.
Nonconforming Lots.
(1)
New permitted structures for a single permitted by right principal
use and its customary accessory uses may be constructed, reconstructed
or expanded on a nonconforming lot of record as a permitted by right
use if all of the following requirements are met. (Note: smaller lots
shall require a variance.)
(a)
The lot area is at least 30% of the minimum lot area.
(b)
The lot width at the minimum building setback line is at least
30% of the minimum lot width.
(c)
The lot is a lot of record that lawfully existed and was in single and separate ownership (as defined in Part 2) prior to the adoption of this Chapter or an applicable subsequent amendment.
(d)
Minimum setbacks and other requirements of this Chapter are
complied with for any new construction or expanded area.
(e)
If a new principal building will be served by an on-lot septic
system, the lot shall comply with all state septic regulations, and
shall provide an approved alternative drain field location.
(2)
The Zoning Hearing Board may grant a special exception to reduce
the required setbacks by up to 50% concerning construction on a nonconforming
lot if the Board determines that such reduction would result in a
building that would be more compatible with neighboring residences
than would be built if the setback requirement was not reduced.
(3)
Common Ownership; Merger. A nonconforming lot which contains
no buildings and which was in single and separate ownership at the
effective date of this Chapter and which:
(a)
Has less than 75% of the required minimum lot area.
(b)
Is needed to meet the minimum principal building setback requirements
of an abutting lot, may only be used for the construction of a new
principal building(s) or separately sold, and provided that such owner
does not own or control other abutting lot(s) that, if merged, would
be sufficient to enable such owner to comply with or reduce the nonconformance
with the lot area requirements of this Chapter.
(4)
If a proposed development on a nonconforming lot does not meet the requirements of the above Subsection 3B(1) and (2) of § 27-806, then development of the lot shall not occur unless a variance is granted by the Zoning Hearing Board. In addition to the standards stated for a variance in the Pennsylvania Municipalities Planning Code, the Zoning Hearing Board shall also review whether any alternative permitted uses could reasonably be made of the property that would less significantly adversely impact upon the established character of an existing residential neighborhood than the proposed use.
C.
Expansion of a Nonconforming Nonresidential Use. A nonconforming
use or a building used by a nonconforming use shall not be expanded,
except in accordance with the following provisions:
(1)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under § 27-119.
(2)
Such reconstruction or expansion shall be only upon the same
lot that the nonconforming use was located upon at the time the use
became nonconforming.
(3)
The total building floor area used by a nonconforming use or
the total area covered by impervious surfaces of a nonconforming use
shall not be increased by greater than 50% beyond each such measurement
that existed in such use at the time such use became nonconforming.
This maximum increase shall be measured in aggregate over the entire
life of the nonconformity.
(4)
Any expansion of a nonconforming use shall meet the required
setbacks and other requirements of this Chapter, unless the Zoning
Hearing Board grants a variance.
(5)
Wellhead Protection. A nonresidential principal use which is nonconforming pursuant to the wellhead protection provisions of § 27-506 may only be expanded if the applicant proves to the satisfaction of the Zoning Hearing Board that the expansion would create no new hazards or no net increase in hazards to groundwater quality.
D.
Expansion of a Nonconforming Residential Use. An existing nonconforming
residential use may be expanded in floor area as a permitted by right
use, provided that the number of dwelling units is not increased,
the expansion meets all applicable setbacks, no new types of nonconformities
are created, and a nonconformity is not made more severe (including
the building area within the required setback area).
4.
Damaged or Destroyed Nonconformities.
A.
A nonconforming structure that has been destroyed or damaged equal
to 50% or more of its total value by fire, windstorm, lightning or
a similar cause deemed to be not the fault of the owner may rebuild
in a nonconforming fashion only if the application for a building
permit is submitted within 18 months after the date of damage or destruction,
work begins in earnest within 12 months afterwards, and no nonconformity
may be created or increased by any reconstruction. Property shall
be properly secured during such time in such a way to keep out trespassers
and to avoid harm to neighboring properties.
B.
Rebuilding of a damaged or destroyed nonconformity shall not begin
until plans for rebuilding have been presented and approved by the
Zoning Officer. Any change of one nonconforming use to another nonconforming
use shall comply with the provisions of this Section.
C.
Nonconforming Use of Open Land. All nonconforming off-premises signs,
junkyards, outside storage areas and similar nonconforming uses of
open land (other than agricultural and livestock uses), when damaged
to an extent of 50% or more of replacement cost, shall not be continued,
repaired or reconstructed.
5.
Abandonment of a Nonconformity.
A.
If a nonconforming use of a building or land is discontinued, razed,
removed or abandoned for 365 or more days, subsequent use of such
building or land shall conform with the regulations of the district
in which it is located, except:
(1)
As provided for in the "damaged or destroyed nonconformities"
provisions of this Section.
(2)
If a nonconforming off-premises junkyard, outside storage area
or similar nonconforming use of open land (other than agricultural
or livestock uses) is discontinued for at least 30 days, the use shall
not be continued, repaired or reconstructed.
B.
The applicant shall be responsible to provide evidence that the nonconformity
was not abandoned.
7.
Changes from One Nonconforming Use to Another.
A.
Once changed to a conforming use, a structure or land shall not revert
to a nonconforming use.
B.
A nonconforming use may be changed to another nonconforming use only
if permitted as a special exception by the Zoning Hearing Board. The
Board shall determine whether the applicant has provided sufficient
proof to show that the proposed new use will be equally or less objectionable
in external effects than the preexisting nonconforming use with regard
to:
(1)
Traffic generation (especially truck traffic).
(2)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire
and explosive hazards.
(3)
Amount and character of outdoor storage.
(4)
Hours of operation if the use would be close to dwellings.
(5)
Compatibility with the character of the surrounding area.
8.
District Changes. Any uses, structures or lots that become nonconforming
because of a zoning district change shall be regulated under this
Section on nonconformities.
[Ord. 9-94, 4/7/1994, § 808]
See the requirements of the Township Subdivision and Land Development Ordinance (Chapter 22).
[Ord. 9-94, 4/7/1994, § 809]
A driveway or accessway serving a commercial or industrial use
shall be deemed to be integral with such use and shall not be a permitted
use in a residential district. This restriction shall not apply to
a driveway or accessway that will be clearly limited to use by only
emergency vehicles.
[Ord. 9-94, 4/7/1994, § 810]
1.
Each lot with less than 250 feet of frontage on an arterial street
shall have not more than one access point involving left-hand turns
onto each such street, and no lot with 250 feet or more of total frontage
on an arterial street shall have more than two access points involving
left-hand turns onto any such arterial street.
2.
Where practical, access to two or more nonresidential lots should be combined and/or shared and/or coordinated to minimize the number of access points onto an arterial street. Shared parking lots and driveways connecting adjacent nonresidential lots are strongly encouraged. See possible reduction of parking requirements in Subsection 2 of § 27-601.
[Ord. 9-94, 4/7/1994, § 811]
[Ord. 9-94, 4/7/1994, § 812]
1.
Intent. To allow the Township to determine the safety and congestion
impacts, and related costs, of proposed major traffic-generating uses.
To require that applicants respond with reasonable proposals to resolve
the negative traffic impacts that their proposed uses will cause on
the public. To recognize that sufficient federal, state and municipal
funds are not available to resolve traffic problems caused by private
development.
2.
Uses Requiring a Traffic Study. Any application for any of the following
new uses or expansion of existing uses shall be required to complete
a traffic study and include the findings in a written report:
A.
Residential: 75 or more new dwelling units.
B.
Commercial: 20,000 square feet or more of new or additional total
floor area.
C.
Office. Thirty thousand square feet or more of new or additional
total floor area.
D.
Industrial: 60,000 square feet or more of new or additional total
floor area or any truck terminal.
E.
Institutional: 30,000 square feet or more of new or additional total
floor area.
F.
Any use or combination of uses that would generally result in greater
than 1,000 trips per day.
3.
Timing. Any required traffic study shall be submitted at the same
time as whichever of the following submittals occurs first: preliminary
plan, special exception, conditional use or construction permit application,
as applicable.
4.
Costs. The full costs of completing the study and of a review by
the Township Engineer or other Township representative shall be borne
by the applicant.
5.
Study Area. Prior to initiation of the traffic study, the traffic
engineer or planner shall meet with the Township Engineer to establish
the area to be studied. This area shall be limited to streets and
intersections within a maximum of two miles of the proposed project
boundaries, except for a use projected to generate more than 3,000
trips per day, which shall have a maximum study area of three miles
from the project boundaries.
6.
Joint Studies. Joint traffic studies between different applicants
are strongly encouraged.
7.
Fees. In place of individual traffic studies, the Township Supervisors
may require that an applicant provide a fee in lieu of a study. This
fee shall only be used towards the costs of traffic studies sponsored
by the Township. Any such fee shall be established by resolution or
ordinance of the Board of Supervisors.
8.
Project Description. Any study shall include a description of the
proposed development, its proposed access and the surrounding street
system. If a development is proposed to occur in stages, each stage
shall be described and taken into account in the study. If the applicant
owns other lands within the study area, reasonable assumptions shall
be made about how that land can be expected to be developed and shall
be taken into account.
9.
Existing Traffic Conditions. The traffic volumes and service levels
during the A.M. and P.M. peak hours shall be presented for all streets
and intersections in the study area that can reasonably be expected
to be significantly impacted. Traffic volumes shall be based upon
actual counts that occurred within the prior two years and not upon
state estimates. The locations of all accidents reportable to the
State Police within the study area during a recent two-year period
shall be noted.
10.
Expected Traffic Generation. The study shall include an estimate
of the number of trips expected to be generated by the use and any
future stages during the A.M. and P.M. peak hours. Such estimates
shall be based upon the latest published estimates of the Institute
of Transportation Engineers, or its successor entity, unless the applicant
provides the Township with estimates and supporting documentation
based upon actual traffic counts of closely similar developments in
Pennsylvania.
11.
Projected Effects. The study shall take into account not only the
use proposed by the applicant, but also other uses and developments
that have received building permits or preliminary subdivision or
land development approval from a municipality. The study shall project
A.M. and P.M. peak hour traffic volumes and levels of service on impacted
intersections and streets. If the traffic generation by the development
would be more than 50% greater during any hour other than the A.M.
or P.M. peak hour on adjacent streets, the study shall analyze both
the peak hours for the development and for adjacent streets. The study
shall project what directions the traffic generated will head towards.
12.
Levels of Service. The study shall estimate the levels of service
(1, 2, 3, 4, 5 and 6), for key traffic movements, including turning
movements, following the standards of the U. S. Department of Transportation.
13.
Signal Warrants. Heavily traveled intersections at entrances to the
development and other major unsignalized intersections in the study
area shall be studied to determine whether a traffic signal is warranted
by PennDOT criteria. Existing traffic signals that are significantly
impacted shall be studied to determine whether they are in need of
upgrading.
14.
Needed Improvements. The study may take into account traffic improvements
which are clearly funded and will occur within the next two years.
The study shall include suggestions for how each congested or hazardous
intersection in the study area should be improved to reduce the hazard
or congestion, and a rough estimate of the cost of that improvement.
15.
Applicant's Response. The applicant shall respond to the traffic
study with proposals on what traffic improvements, right-of-way dedications
or commitments of financing for specific projects the applicant proposes
to commit to resolve the negative traffic impacts of the proposed
development. Such improvements or financing may be staged in relation
to the stages of the development. The applicant may also agree to
commit towards the long-term support of a program to reduce peak-hour
traffic by private vehicles, through programs such as van-pooling,
support of mass transit or staggered work hours, in place of certain
structural improvements.
16.
Completion of Improvements. Any traffic improvements that are required as a condition of any approval under this Chapter or the Subdivision and Land Development Ordinance (Chapter 22) shall be in place or sufficient funds committed in escrow acceptable to the Township prior to the issuance of any needed occupancy permit or within a staged process agreed to at the time of approval.
[Ord. 9-94, 4/7/1994, § 813]
A subdivision or land development proposed to include 250 or
more dwelling units shall submit a community impact study describing
the following expected impacts of the development:
A.
The number of public school students to be generated.
B.
The effect of the expected number of public school students on school
capacities.
C.
The effect of the additional public students on school district expenses,
compared to expected additional revenues.
D.
The effects on the costs and revenues of the Township government.
E.
The effects on Township services.
F.
The adequacy of fire protection services and water supplies to serve
the proposed development.
[Ord. 9-94, 4/7/1994, § 814]
1.
Purpose. To allow certain land uses to be developed with ownership
of buildings or portions of buildings by individuals, while all or
most of the land area is owned commonly and maintained by a homeowner's
association.
2.
Lot Area Requirements. All lot area, setback and other requirements
of this Chapter shall be able to be met by any use or lot. However,
with the approval of the Board of Supervisors, the actual division
of land into separate lots with separate ownership is not required.
Instead, a condominium form of ownership may be permitted.
3.
Maintenance of Commonly Owned Land. Any process of maintenance of
commonly owned land shall meet the requirements of § 705(D)
of the Municipalities Planning Code. Any condominium or homeowners'
association agreement shall be reviewed by the Township Solicitor
and require approval of the Board of Supervisors prior to recording
of the deeds. Any such agreement shall be filed as part of the subdivision
or land development plan.
