[Ord. 2000-03, 9/14/2000, Art. XIV, § 1400]
All uses and activities shall comply with the standards in this Part 14.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1401]
1.
Any proposed use must be a permitted use in that district (either by right or upon receiving conditional use approval) or must have received a variance for its use.
2.
This chapter does not prohibit more than one of the same use or more than one principal use on any lot. If this condition is proposed, no part of a required minimum lot area or required open space can be used by another use or structure to meet its required minimums. Unless otherwise permitted by the Board of Supervisors during subdivision and/or land development review, any use or structure must occupy a portion of the lot sufficiently sized and oriented to allow it to be subdivided from that parent tract without creating any nonconformities.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1402]
On a corner lot, within the triangular area computed by the method described below, nothing shall be erected, placed, or allowed to grow to a height in excess of two feet above the center line grades of the intersecting streets.
A.
No vehicle, object, or other obstruction of a height in excess of two feet shall be parked or placed within the clear sight triangle depicted below.
B.
No hedge, shrub, tree, or other growth shall be maintained within the clear sight triangle at a height in excess of two feet except existing trees.
(1)
Leaves and branches of existing trees within the clear sight triangle shall be trimmed away to a height of at least 10 feet above the center line grades of the intersection streets.
C.
The area of the clear sight triangle to be preserved at intersections is determined by connecting a straight line between two points. Each point is on the center line of one of the intersecting streets a distance "d" from the point of street center line intersections.
"d" | Township Designation for Major Streets | |
|---|---|---|
75 feet | Local | |
90 feet | Collector | |
120 feet | Arterial |
D.
Clear sight triangle requirements have precedence over any other setback, yard, or other requirements, unless they are not more stringent than the clear sight triangle requirement; the most demanding requirement shall apply.
E.
The clear sight triangle extends from a vertical height of two feet to a vertical height of 10 feet at minimum.
F.
Traffic directional signs and parts thereof are excluded from the requirements of this section.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1403]
1.
Minimum yards shall be required from all public and private roads, streets, highways, and property lines.
2.
The required front yard varies depending upon the functional classification of the road, street, or highway; the functional classification of roads in the Township is delineated on its Official Map.
3.
Setback Requirements. No building or structures shall be placed within any required yard or ultimate road, street, or highway right-of-way line except lamp posts, driveways, mail boxes, sidewalks, and utility lines, or such incidental items as may be agreed to by the Board of Supervisors during the site or land development plan review.
A.
In the case of a proposed street, the street right-of-way line, the street classification, and the setback line shall be shown on the subdivision plan.
4.
Where a lot extends through from street to street or in the case of a corner lot, the applicable front yard setback requirements shall be applied to both streets.
5.
Exceptions for Existing Alignment. If the alignment of existing buildings on either side of a lot within a distance of 50 feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the Supervisors may accept the average of such existing alignment within that distance as the required front yard, but in no case shall the front yard be less than 20 feet.
6.
Projection into Yards. Ground-story bay windows, porches, and chimney flues may project into required yard areas no more than four feet [ADA required facilities are exempt]. Such projections shall not occupy more than 1/3 the length of the building wall. Cornices and gutters may project not more than two feet into a required yard. Fire escapes may be permitted in accordance with this section in side and rear yards only.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1404, as amended by Ord. 2013-07, 11/14/2013]
1.
A fence shall be permitted on any property line. All fences shall be installed with the finished side of the fence not containing the support beams or posts facing toward the neighboring property.
2.
No fence shall exceed the following height limitations.
A.
Any fence located within the front yard shall be a maximum of 36 inches high and be able to be seen through from the street.
B.
No fence shall exceed six feet in height for a residential use.
C.
No fences shall exceed 10 feet in height in a commercial/industrial use. Additional security measures above 10 feet may be approved by the Board of Supervisors.
3.
(Reserved)
5.
No proposed fence, structure, or wall is permitted within the existing or ultimate right-of-way of a public street, public easement, or clear-sight triangle without the express permission of the Board of Supervisors.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1405]
1.
Applicability. The Zoning Map identifies the following environmental features: floodplains, forest and steep slopes.
2.
Overlay Concept. The environmental features shown on the Zoning Map are considered to apply an overlay zoning designation supplementing the requirements of the underlying district. The more-restrictive requirement shall apply.
3.
Discrepancies and Additional Environmental Regulations. Applicants may dispute the presence of environmental features on his/her site by presenting a plan for Township review based on actual field measurements and/or calculations and certified by a professional land surveyor or a professional engineer. The Zoning Officer shall review the plan and make the final determination, accepting review from the Township Engineer, the Planning Commission, and the Board of Supervisors, if necessary. Also, environmental features not identified on the Zoning Map may be present on a site. All applicable environmental performance standards contained in this Part must be followed and the features shown on the applicant's site plan; land development plan, and/or subdivision plan.
4.
Floodplains. All such lands shall remain as permanent open space, unless otherwise allowed in § 27-1418.
5.
Steep Slopes. In areas of steep slopes, i.e., those above 8%, the following standards shall apply.
[Amended by Ord. 2005-07, 3/22/2005]
A.
If public water and sewer facilities are not available, the following requirements shall apply to all lots:
(1)
Fifteen Percent to 25%. If any part of the lot located outside of the minimum required yard area (i.e., within the building setback lines) contains slopes of 15% to 25%, the required minimum lot size and required minimum lot width shall double, and the required maximum density and coverage shall be halved.
(2)
Twenty-Five Percent or More. If any part of the lot located outside of the minimum required yard area (i.e., within the building setback lines) contains slopes greater than 25%, the required minimum lot size and required maximum lot width shall triple, and the required maximum density and coverage shall be 1/3 of the specified maximum.
(3)
Any earthwork performed on a slope of 8% or greater must have a grading plan, following the requirements of Ordinance 90-3, as amended.
(4)
Performing grading to avoid requirements of this chapter is hereby prohibited.
(5)
In the case of property containing both steep slopes and forests, the more-restrictive minimum lot size and required maximum lot width shall be applied.
B.
If public water and sewer facilities are available, the following requirements shall apply to all lots:
(1)
Single-Family Detached and Single-Family Semidetached.
(a)
Any earthwork performed on a slope of 8% or greater must have a grading plan, following the requirements of Ordinance 90-3, as amended.
(b)
If any part of the lot located outside of the minimum required yard area (i.e., within the building setback lines) contains slopes of 33%, the required minimum lot size and required minimum lot width shall be 1.5 times the required size and width.
(2)
Multiple-Family and Townhouses.
(a)
If any part of the lot located outside of the minimum required yard area (i.e., within the building setback lines) contains slopes of 20%, the maximum density for multifamily and townhouse units shall be three units per acre, and the maximum number of units in a townhouse grouping shall be four units.
(b)
No multifamily or townhouse structure shall be constructed on a lot where the slope anywhere within the building setback lines exceeds 25%.
6.
Forest. Properties which contain forests, as defined by this chapter, subsequent to the effective date of this chapter, shall be subject to the following regulations:
A.
The minimum lot size, maximum density of development permitted, and maximum lot coverage for any property containing forests is established in accordance with the following requirements.
Residential Lot Size, Lot Width Development Density, and Cover Factors | |||
|---|---|---|---|
Percent of Property Covered by Forest | Lot Size and Width Factor* | Development Density and Cover Factor** | |
0% to 25% | 1.0 | 1.0 | |
25.1% to 50% | 1.5 | 0.67 | |
50.1% to 100% | 2.0 | 0.50 | |
Nonresidential, Development Density and Cover Factor | ||
|---|---|---|
Percent of Property Covered by Forest | Development Density and Cover Factor** | |
0% to 25% | 1.0 | |
25.1% to 50% | 0.85 | |
50.1% to 100% | 0.75 | |
NOTES: | ||
|---|---|---|
* | This factor shall be multiplied by the zoning district lot size and width requirement to obtain the adjusted minimum lot size and width. | |
** | This factor shall be multiplied by the zoning district density and lot coverage requirement to obtain the adjusted maximum allowed development density and lot coverage. | |
B.
Removing forests or existing trees to avoid requirements of this chapter is hereby prohibited.
C.
A minimum of 80% of forest area shall be preserved as undisturbed forests, except for removal of dead or diseased trees, and/or except for normal removal of trees for prudent forest management to allow for proper tree growth. This calculation of 80% in both cases shall be made after the lot size criteria of this chapter have been met as listed above. If the preservation of forests (as required by this section) results in less development density and on-lot coverage than otherwise allowed, the more restrictive requirement shall be utilized.
D.
The "forest" definition and delineation shall be determined on the basis of lot lines that exist as of the effective date of this chapter. The delineation of forests shall be made during the preparation of any subdivision or land development plan for approval by the Township, on the basis of the property prior to the creation of building lots in any proposed subdivision. Once the delineation of forests is made, the lot layout for that subdivision and/or development density and coverage for that subdivision and/or land development plan would be based upon the criteria of this section.
E.
In any case, if a lot owner wished to develop a single lot with a single-family detached dwelling, the owner shall be permitted to remove the minimum amount of forest required for construction of his dwelling and grading of his building and normal accessory items (for example: driveway, septic system, pool, shed, etc.).
F.
In the case of property containing both steep slopes and forests, the more restrictive minimum lot size and required maximum lot width shall be applied.
7.
Lakes, Ponds, Wetlands, or Watercourses. These areas shall be left as permanent open space. Quarries are not included in this section.
A.
Lake Shorelines. The shorelines of lakes, to a distance of 300 feet from the shorelines, shall contain no more than 10% impervious surfaces. At least 70% shall be permanent open space.
B.
Pond Shorelines. The shorelines of ponds shall, to a distance of 100 feet from the shorelines, contain no more than 10% impervious surfaces. At least 80% shall be permanent open space.
8.
Stormwater. Stormwater management for all subdivisions and land developments consistent with the Township Stormwater Management Ordinance must be provided.
9.
Soil Erosion and Sedimentation. All developments shall protect streams, lakes, and ponds from sedimentation damage control erosion in accordance with the Clean Streams Law, PL 1987, Chapter 102, Latest Edition, as amended.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1406; as amended by Ord. 2005-08, 3/22/2005, § 1; and by Ord. 2015-03, 6/11/2015
Buffer yards are required for mobile home parks, golf courses and for any use in the HC, I, and I/C Districts where it adjoins any property in a residential zoning district or any existing residential properties, or any publicly owned recreational facility (excluding linear parks).
A.
In multifamily subdivisions and mobile home parks, the buffer yard shall be part of the open space and not part of the lot area assigned to a dwelling unit, unless open space is not required for the development.
B.
The buffer yard shall be measured from the district boundary line, property line or from the near street where a street serves as the district boundary line or property line.
C.
The buffer yards may be coterminous with required front, side and rear yards, and, in case of conflict, the larger yard requirements shall apply.
D.
In all buffer yards, the exterior twenty-five-foot width (30 feet in multifamily subdivisions and 12 feet for a hospital) shall be maintained and kept clean of all debris, rubbish, weeds and tall grass in conformance with existing regulations. The treatment of invasive or exotic species shall be performed in accordance with the best management practices endorsed by the Pennsylvania Invasive Species Council and in accordance with State and Federal regulations for any application of herbicides. In addition, sufficient documentation shall be provided to the Township by the property owner to demonstrate that any proposed buffer planting material is not subject to any active act and/or quarantine pursuant to Federal or Commonwealth regulations governing invasive and/or exotic species.
E.
No structure, manufacturing or processing activity, or storage of materials shall be permitted in the buffer yard; however, parking of passenger automobiles shall be permitted in the portion of the buffer yard exclusive of the exterior ten-foot width.
F.
All buffer yards, except residential subdivisions or mobile park homes, shall include a dense screen planting of trees, shrubs or other plant materials, or both, to the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise. Such screen planting shall be located within the buffer yard, and shall be in accordance with the following requirements:
(1)
Plant materials used in the screen planting shall be at least four feet high when planted and shall be of such species as will produce a dense visual screen at least eight feet high within four years. In addition, sufficient documentation shall be provided to the Township by the property owner to demonstrate that any proposed buffer planting material is not subject to any active act and/or quarantine pursuant to Federal or Commonwealth regulations governing invasive and/or exotic species.
(2)
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(3)
The screen planting shall be so placed that at maturity it will be not closer than three feet from any street or property line.
(4)
In accordance with the provisions of this chapter, a clear sight triangle shall be maintained at all street intersections and all points where private accessways intersect public streets.
(5)
The screen planting shall be broken only at points of vehicular or pedestrian access and required drainage.
G.
In multifamily subdivisions and mobile home parks, the following shall apply:
(1)
The buffer yard may be averaged. The width in Subsection J below is average with the minimum being 60% of the average.
(2)
All existing deciduous and coniferous trees above two inches caliper and/or six feet in height shall be preserved in the buffer yard except where clearance is required to ensure sight distances. Any removal should, where feasible, involve relocation rather than clearing.
(3)
Buffer width and planting material shall be laid out to respect existing or proposed off-site uses. The minimum width may be used where compatible single-family uses adjoin, or where the property abuts nonbuildable land. The object of planting shall be defined in the plan as visual barrier, noise barrier or to prevent access to hazardous areas.
(4)
Generally, a minimum of 25% of plant material shall be evergreen and 10% flowering. Planting shall be adequate in quantity to fully cover the minimum thirty-foot buffer, but may be clumped or grouped for maximum efficiency.
(a)
Where noise and glare are problems, 50% of the plantings shall be evergreens.
(b)
Where hazardous conditions exist, hedgerows with thick, thorny plants are desirable (excluding noxious weeds). Plantings should be such as to make access difficult.
(c)
Where visual screening is most important, evergreens and flowering trees should increase to 50% of the total.
(5)
Self-maintaining ground cover or grass shall be planted to the edge of the buffer.
(6)
The buffer must produce a dense visual barrier to a height of eight feet within four years.
(7)
The screen planting shall be broken only at points of vehicular or pedestrian access and required drainage.
H.
No screen planting shall be required along streets that form district boundary lines, provided that:
(1)
No outdoor processing or manufacturing activity and no outdoor storage of materials shall be so located as to be visible from the adjacent residential properties or residential districts (R, R1, R2 and R3).
(2)
Only the front of any proposed building shall be visible from the adjacent residential properties or residential districts (R, R1, R2 and R3).
I.
Prior to the issuance of any zoning permit, complete plans showing the arrangement of all buffer yards; the placement, species and size of all plant materials; and the placement, size material and type of all fences to be placed in such buffer yard shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this chapter.
J.
Size of Buffer Yards. The following are the required buffer yard widths for each use requiring a buffer yard. Unless noted otherwise, the buffer yard is applicable to any property line adjacent to a residential property or residentially zoned (R, R1, R2 and R3) property, or publicly owned recreational facility (excluding linear parks).
(1)
Multifamily garden apartments: 30 feet with no more than 30% of the required open space area (if any) in the buffer yard.
(2)
Mobile home park: 50 feet on all property lines.
(3)
Golf courses: 50 feet.
(4)
Hospital: 12 feet.
(5)
Office uses: 25 feet.
(6)
Commercial uses: 25 feet.
(7)
Industrial uses: 25 feet.
K.
The buffer yards shall be shown on any required site plan, land development plan and/or subdivision plan and shall be sealed by a registered landscape architect.
L.
The buffer yard landscaping and/or barriers must be permanently maintained by the property owner and any dead landscaping replaced. A protective easement shall be provided.
M.
At the discretion of the Board of Supervisors, the Board of Supervisors may accept the existence of existing, mature tree lines as meeting the requirements of this section. A protective easement shall be required to ensure their preservation and maintenance.
N.
A raised berm shall be provided in the buffer yard which shall be undulating and shall have an average height of six feet, or as otherwise approved by the Board of Supervisors during site or land development plan review.
[Added by Ord. 2017-02, 3/28/2017]
O.
The raised berm shall be planted with a dense screen planting consisting of a minimum of six different trees, 50% of which shall be evergreen, and dense shrub understory plantings (noninvasives, native preferably). The minimum height of the screen planting evergreen trees shall be eight feet at the time of planting as measured from finished grade.
[Added by Ord. 2017-02, 3/28/2017]
P.
All street tree plantings within the Industrial and Industrial Commercial Zoning Districts shall be a minimum caliper of four to 4.5 inches as measured three feet above finished grade.
[Added by Ord. 2017-02, 3/28/2017]
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1407]
1.
No land or building in any zoning district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, electromagnetism; or other condition, substance, or element; in such manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises.
2.
Procedures.
A.
An application for a building permit or a certificate of occupancy for a use shall include a plan or proposed construction and a description of the proposed machinery, operations and products, and specification for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this section.
B.
The applicant shall also file with such plans and specifications a statement acknowledging his understanding of the applicable performance standards and stating his agreement to conform to the same at all times.
C.
Fire and Explosion Hazards. All activities involving, and all storage of flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of State and local laws and regulations shall also apply.
D.
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond any lot line; nor shall any vibration produced exceed 0.002g peak at up to 50 cps frequency, measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.
E.
Noise. Excessive levels of sound and vibration are detrimental and harmful to the health, comfort, living conditions, welfare and safety of citizens and injurious to their property.
[Amended by Ord. 2015-03, 6/11/2015]
(1) NOISE DECIBELS (db) SOUND LEVEL A-WEIGHTED SOUND LEVEL [dB(A)] PURE TONE
Definitions. The following words, terms and phrases, when used in this Section, shall have the meaning ascribed to them below, except where the context clearly indicates a different meaning. All terminology and sound measurements referred to in this Section shall be in conformance with the applicable publications of the American National Standards Institute, or its successor body.
Any undesired sound.
A unit of measurement of the sound pressure level equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (that is, 20 micronewtons per square meter). Sound pressure is the instantaneous difference between the actual pressure and the average or barometric pressure at a given point as produced by sound energy.
The quantity in decibels obtained by the use of a sound level meter, which is an instrument that includes a microphone, amplifier, output meter, and frequency weighing networks used for the measurement of noise and sound levels in a specified manner.
The frequency weighing network that shall be used for the measurement of noises applicable to this Section is that designated as "A" by the American National Standards Institute. The A-weighted sound level denoted by dB(A) is the sound pressure level in decibels as measured by a sound level meter using the A-weighing network.
Any sound that can be heard essentially as a single pitch or a set of single pitches. For the purposes of this Section, a pure tone shall exist if the one-third octave bank sound pressure level for the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous octave bands by 5 db for center frequencies of 500 Hz (that is, 500 cycles per second) and above, and 8 db for center frequencies between 160 and 400 Hz, and by 15 db for center frequencies less than or equal to 125 Hz.
(2)
Noise Prohibitions.
(a)
A person shall not cause or permit noise levels to emanate that exceed those specified in the following table, including Subsection 2E(2)(b) and (c), except as exempted by Subsection 2E(2)(d).
Maximum Allowed Noise Level for All Land Uses in a Receiving Zoning District at a Receiving Property Boundary, Expressed as A-weighted Decibels ["dB(A)"] | |||
|---|---|---|---|
Zoning District | Daytime* | Nighttime** | |
I, I/A, I/C(1) | 75 dB(A) | 75 dB(A) | |
HC(2) | 67 dB(A) | 62 dB(A) | |
A, R, R1, R2, R3, NC, MHP (3) | 60 dB(A) | 55 dB(A) | |
NOTES: | ||
* | A-weighted sound level maximum allowed for the period 7:00 a.m. to 10:00 p.m. | |
** | A-weighted sound level maximum allowed for the period 10:00 p.m. to 7:00 a.m. | |
(1) | I/C — Industrial/Commercial; I/A - Industrial/Airport; I - Industrial. | |
(2) | HC — Highway/Commercial. | |
(3) | A-Agricultural; MHP — Mobile Home Park; R1 — Low-Density Residential; R2-Medium-Density Residential; R3-High-Density Residential; NC — Neighborhood Commercial. | |
(b)
A person shall not cause or permit the emission of a pure tone that exceeds an A-weighted sound level 5 dB(A) lower than the applicable maximum given in the above table.
(c)
A person shall not cause or permit an A-weighted sound level to emanate from construction or demolition activities that exceeds during daytime hours 90 dB(A) or during nighttime hours the maximum stated in the above table for the applicable land use.
(d)
Exemptions. The provisions of the Section do not apply to:
[1]
Devices used only for the purpose of warning, protecting, or alerting the public, or some segment thereof, of the existence of an emergency or emergency work.
[2]
Motor vehicles on public rights-of-way, aircraft, trains, and emergency, utility or public operations, including snow removal. See the separate Township Noise Ordinance, which regulates vehicle noise.
[3]
Sounds created by Township-recognized sporting, amusement, entertainment, and other public gatherings conducted pursuant to other Township permits or ordinances. This exception includes, but is not limited to, public athletic contests, festivals, carnivals, fairs, parades, celebrations, and concerts.
[4]
Unamplified human voices.
F.
Odor. No emission of noxious odor other than agricultural in nature as perceived by the human olfactory sense at any lot line shall be permitted.
G.
Air Pollution. No fly ash, fume, vapor, gas, or other form of air pollution shall be permitted that exceeds any air pollution standard or air quality criteria established by the Bureau of Air Environmental Protection. Specific standards and regulations are contained in the Bureau's Regulations, as amended.
H.
Glare.
(1)
Direct glare is defined for the purpose of this chapter as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature process as welding or petroleum or metallurgical refining.
(2)
Indirect glare is defined for the purpose of this chapter as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure.
(3)
No direct glare shall be permitted with the exceptions that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground, such luminaries shall be placed not more than 16 feet above the ground level and the maximum illumination at ground level shall not be in excess of three footcandles.
(4)
A luminary less than four feet above the ground may have a cone angle of 90°.
(5)
Indirect glare produced by illuminating a reflecting surface shall not exceed 0.3 footcandle instantaneous maximum measurement or 0.1 footcandle average measurement.
(6)
Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
I.
Liquid or Solid Wastes. No discharge shall be permitted at any point into any sewage disposal system, or watercourse, or lake, or into the ground, except in accord with State Health or Environmental Protection Department Standards, Township standards, or other regulating agency standards.
(1)
Materials of such nature or temperature that will contaminate any water supply or otherwise cause the creation of dangerous elements shall be prohibited.
(2)
The accumulation of solid or liquid wastes conducive to the breeding of rodents or insects thus formulating a health or safety hazard shall be prohibited.
J.
Radioactive or Hazardous Waste. No radioactive or hazardous waste, as defined by the United States Environmental Protection Agency, shall be stored or disposed of in any district.
K.
Storage of Gas, Liquids, and Solids.
(1)
No underground or subsurface storage of chemicals, either gas, liquid or solids shall be permitted in any district, except for underground storage of petroleum products as regulated by the State Police and/or other state or federal regulatory agency.
(2)
No above ground or surface storage of chemicals, either gas, liquid or solids in any quantity in excess of 20 cubic feet in volume, shall be stored or maintained within 300 feet of a residential district boundary, or within 300 feet of a residential dwelling, except for chemicals, such as heating oil, or propane, which may be required for the normal heating and cooling of a building and fire suppressant chemicals developing chemicals and janitorial chemicals and lawn and agricultural fertilizers in a quantity not to exceed 40 cubic feet.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1408]
1.
Nothing herein shall restrict the height of a church spire, cupola, dome mast, belfry, clock tower, radio tower, or transmission line, flagpole, water tank, elevator, or stair bullhead, stage tower, scenery loft, smoke stack, silo or similar structure, so long as sufficient yard exists, adjacent to such structure, to allow such structure to fall completely within the lot lines if such structure were to fail. All federal airport regulations must be followed.
2.
Structures for which height restrictions have been waived shall not have a lot coverage at the base in excess of 10% of the lot area.
3.
Structures for which height restrictions have been waived shall not be used for residency or tenancy purposes.
4.
Structure for which height restrictions have been waived shall not have any advertising sign or device inscribed upon or attached to such structures.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1409]
The Township reserves the right to require a traffic impact study in accordance with provisions hereinafter set forth, if in the opinion of the Township, the proposed use could generate significant traffic flow. The traffic impact study shall be based on the following criteria:
A.
General Site Description. The site description shall include the size, location, proposed land uses, construction, staging and completion date and types of dwelling units, if applicable. A brief description of other major existing and proposed land developments within 1/2 mile of the proposal which shall constitute the study area, except that a study area of one mile from the proposal shall be used for any commercial development of greater than 200,000 square feet of total floor area.
B.
Traffic Facilities Description. The description shall contain a full documentation of the proposed internal and existing highway system. The report shall describe the external roadway system within the area. Major intersection in the area shall be identified and sketched. All future highway improvements which are part of proposed surrounding developments shall be noted and included in the calculations.
C.
Existing Traffic Conditions. Existing traffic conditions shall be measured and documented for all streets and intersections in the area. Existing traffic volumes for average daily traffic, peak highway hour(s) traffic, and for the hour(s) of predicted peak development generated hour(s) traffic shall be recorded. Traffic counts at major intersections in the study area shall be conducted, encompassing the peak highway and predicted peak development generated hour(s), and documentation shall be included in the report. A volume/capacity analysis based upon existing volumes shall be performed during the peak highway hour(s) and the predicted peak development generated hour(s) for all streets and major intersections in the study area. Levels of service shall be determined for each major road segment and turning movement. Detailed traffic counts of existing local streets not provided or proposed for through access are not required. A tabulation of accident locations during a recent three-year period shall be shown. This analysis will determine the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or turning movements experiencing Levels of Service D, E, or F, as described in Highway Capacity Manual, Special Report No. 209, dated 1985, shall be noted as congestion locations.
D.
Traffic Impact of the Development. Estimation of vehicular trips to result from the proposal shall be computed from the average daily peak highway hour(s). Vehicular trip generation rates to be used for this calculation shall be obtained from the Trip Generation Manual, published by the Institute of Transportation Engineers, or, at the request of the Township, said calculations shall be substantiated by physical counts at similar type developments. These estimated development generated traffic volumes shall be provided for both inbound and outbound traffic movements, and the reference source(s) and methodology followed shall be documented. All tuning movements shall be calculated. These estimated volumes shall be distributed to the area and assigned to the existing streets and intersections throughout the area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to individual access points. Any characteristics of the site that will cause particular trip generation problems shall be noted. For retail sales uses, the increased traffic during the holiday seasons and during weekends shall be forecast and analyzed.
E.
Analysis of Traffic Impact. The total future traffic demand shall be calculated. This demand shall consist of the combination of the existing traffic expanded to the completion year (straight line projections based on historical data), the development generated traffic and the traffic generated by other proposed developments in the study area. A second volume/capacity analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. This analysis shall be performed during the peak highway hour(s) for all roadways and major intersections in the study area. Volume/capacity calculations shall be completed for all major intersections. All access points shall be examined as to the necessity of installing traffic signals. This evaluation shall compare the projected traffic to state warrant regulations for traffic signal installation.
[Amended by Ord. 2017-02, 3/28/2017]
(1)
All traffic studies shall include the hours of 3:00 p.m. to 6:00 p.m. in the peak p.m. hours studied for Route 329 where the proposed use will impact Route 329. In addition, the traffic study shall be performed during the time of year when public school is in session, due to the difference in traffic volumes present during the school year.
(2)
Any traffic study involving truck movements shall include a twenty-four-hour weekday projection of incremental traffic (car and truck) generated due to the potential of variable peaks resulting from truck movements.
(3)
All traffic studies involving Route 329 shall analyze the proposed use's generated traffic loads and the impact on any proposed and existing traffic signals on Route 329 and provide for the appropriate upgrades and/or retiming of such signals to ensure the existing LOS is not degraded.
F.
Conclusions and Recommendations. Levels of service for all streets and intersections shall be listed. All streets and/or intersections showing a level of service below C shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external roadway and intersection design and improvements, and traffic signal installation and operation including signal timing. All physical street improvements shall be shown in sketches.
G.
Cost of Needed Projects. Approximate costs for all needed transportation improvements shall be developed within a defined impact area.
H.
Administration.
(1)
The full cost of the traffic study and Township reviews of the study shall be borne by the applicant.
(2)
The traffic study shall be reviewed by the Township Engineer or other professional reviewer designated by the Township.
(3)
The project manager for any traffic impact report shall be a professional traffic engineer or transportation planner with significant experience in traffic studies.
(4)
In place of individual traffic studies, the Board of Supervisors may by resolution establish a fee schedule for traffic studies. The applicant shall then pay such fees which shall be used for a coordinated study of more than one proposed development in an area of the Township.
(5)
The Board of Supervisors shall approve the traffic study as complete prior to granting final approval to a land development, subdivision, or conditional use application, unless a specific process for determining any needed traffic improvements is made a condition of such approval.
I.
Applicant's Responsibility. The applicant shall respond to the traffic impact report by stating to what degree he/she is willing to assist in funding or completing any off-site improvements that are needed and to state what on-site improvements he/she proposes. These improvements may include structural or nonstructural improvements. Nonstructural improvements include long-term commitments by employers or developers to support van pools, bus pools, staggered work hours or public bus service.
J.
Future Stages of Development. The traffic study shall include not only an analysis of one individual project proposed at one point in time, but also the overall projected impacts of future development of all nearby lands owned by the applicant or that the applicant has an option to purchase. The study shall include a projection of the traffic expected from this future development, using reasonable alternatives if no definite plans are available.
K.
Other Proposed Developments. The study should also take into account traffic that can be expected as a result of other development which has been approved and development for which plans have been submitted to the Township and are being actively pursued.
L.
Timing of Required Traffic Improvements. No occupancy permit shall be granted for a use or uses until such traffic improvements that have been required by PennDOT or the Township to serve the use are in place and operating, unless the Board of Supervisors require or allow funds for a required traffic improvement to be placed in a dedicated escrow account to be used when such improvements are warranted.
M.
Post-development Monitoring. Within 18 months or other interval determined by the Board of Supervisors, but no later than 36 months following the issuance of an occupancy permit of the last use each phase, the applicant, if requested to do so by the Board of Supervisors, shall conduct traffic counts to ensure the assumptions and projection of the final traffic impact study are valid. Traffic counts shall be performed at intervals and peak times approved by Township Engineer. If the traffic counts are found to be different from any assumptions or projections contained in the final traffic impact study, the applicant shall propose and construct, with the approval of the Board of Supervisors, remedial improvements to address the difference and provide financial security to guarantee construction of remedial improvements.
[Added by Ord. 2015-03, 6/11/2015]
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1410; as amended by Ord. 2015-03, 6/11/2015
The following general site landscaping requirements shall apply to all properties required to submit land development plans following the requirements of this Chapter in accordance with the standards published in the American Standard for Nursery Stock (ANSI Z60.1), last revised edition.
A.
All properties must provide for a total area of landscaping equal to 10% of any proposed area of impervious cover.
(1)
This landscaping shall be distributed throughout the property to enhance the buildings and parking areas and the property's appearance from surrounding properties and roads.
(2)
The property owner is required to maintain this landscaping in a neat and healthy manner, and is required to replace dead and diseased plants.
B.
Landscaping used to satisfy this requirement shall be credited as follows:
(1)
Every large deciduous tree provided, for example red oak (quercus borealis), green ash (fraxinu lanceolata), and sweetgum (liquidamber styraciflus), shall count as 200 square feet of landscaping credit.
(2)
Every medium deciduous tree provided, for example red maple (acer rubrum), callery pear (pyrus calleryana), and golden raintree (koelreuteria paniculatra), shall count as 150 square feet of landscaping credit.
(3)
Every small deciduous tree or evergreen provided, for example flowering dogwood (cornus florida), kwanzan cherry (prunus serrulate kwanzan), and white pine (pinus strumbus), shall count as 100 square feet of landscaping credit.
(4)
Any area occupied by shrubs, flower beds and/or foundation plantings shall count as landscaping credit toward this landscaping requirement on a square foot per square foot basis.
C.
These general site landscaping requirements are in addition to any planting strips, planting screens, buffer strips or street trees, as required elsewhere in this chapter or in other ordinances of the Township.
D.
Any existing trees or plant material to be protected and preserved, and not counted toward other landscaping requirements in this or other Township ordinances, may count toward the required landscaping area, using the provisions stated in Subsection B.
E.
In meeting these general site landscaping requirements, at least 10% of the credits (as outlined above) must be provided by way of large deciduous trees with a further minimum of at least one such tree for each lot regulated by this section of this Part.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1411]
1.
Any structure or use on a lot, other than a primary structure or use must be clearly accessory to the primary use (which must be allowed on that property). For example, barns are to be used as a primary or accessory structure for the storage of farm materials and/or livestock associated with the primary use of the farm i.e., farming. Storage of materials in the barn not associated with farming would, therefore, be prohibited.
2.
Except as noted below, accessory buildings must meet all yard and setback requirements of this chapter.
3.
Completely detached accessory buildings for all nonresidential uses being 10 feet or less in height may occupy a required side or rear yard, but shall not be located closer than 10 feet to any side or rear property line (see exception below) nor closer than 15 feet to the rear of the primary building on the lot and 25 feet from the nearest point of the primary building of any adjacent lot (see exception below).
A.
Completely detached accessory buildings, up to 10 feet in height, for residential uses shall be set back from a side or rear property line a minimum distance equal to 10% of the required minimum lot width (at the setback line) for that use in that district or a distance of 10 feet, whichever is less.
B.
Since attached structures (such as duplexes and townhouses) have no side yard requirements on their common lot lines, no lot line setbacks or adjacent building setbacks above are applicable for these small accessory buildings.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1412]
1.
Outdoor Storage. Specific provisions of outdoor storage are governed in this Part. No outdoor storage is permitted on a site unless it is related to the primary use of the site. The storage of DEP-classified hazardous materials must be in quantities and stored in a manner consistent with DEP regulations. No materials or wastes shall be deposited upon a lot in some form or manner that they may be transported off the lot by any natural causes or forces.
2.
Indoor Storage. Specific provisions of indoor storage are governed in this Part. No indoor storage is permitted on a site unless it is related to the primary use of the site. The storage of DEP-classified hazardous materials must be in quantities and stored in a manner consistent with DEP regulations.
3.
Storage of Recreational Vehicles and Travel Trailers. No more than two of either a recreational vehicle or travel trailer or combination thereof may be stored on a lot occupied by the owner of the recreational vehicle and/or travel trailer, provided such recreational vehicle and/or travel trailer shall be placed in such a position so as to meet all dimensional requirements for the district within which it is located. This provision is for the storage or occupation of recreational vehicles only and not the storage or occupation of a mobile home.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1413; as amended by Ord. 2002-02, 2/14/2002, § 1]
Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
A.
Driveways (Single-Family Dwellings). Access to single-family dwellings shall be provided by driveways and subject to the following criteria:
(1)
Number Per Lot. No more than two driveway connections per lot shall be permitted.
(2)
Clear Sight Triangle. Driveways shall be located and constructed so that a clear sight triangle or 75 feet as measured along the street center line for local roads, and 100 feet as measured along the street center line for collector or arterial roads, and 10 feet from the travel lane along the driveway center line is maintained; no permanent obstructions over 30 inches high shall be placed within this area.
[Amended by Ord. 2015-03, 6/11/2015]
(3)
Access Permits. Driveways shall not be permitted to have direct access to state roads or highways, unless authorized by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit, or to Township roads unless a road occupancy permit has been obtained from the Township.
(4)
Intersection. Driveways shall intersect streets at right angles, wherever possible.
(6)
Location. The center line of a driveway at the point of access to a street shall not be located closer to a street intersection than the following distances:
(a)
One hundred fifty feet if either street is an arterial street.
(b)
One hundred feet if one street is a collector and the other street is either a collector or local street.
(c)
Seventy-five feet if both streets are local streets. This requirement does not apply to the lots across from the stopping road at a T- intersection, provided the applicant receives approval from the Planning Commission and written approval from the Board of Supervisors.
(d)
Driveways shall not be located within five feet of any fire hydrant or adjoining lot line, unless shared with an adjacent lot.
(7)
Road Classification. Driveway access shall be provided to the street of lesser classification when there is more than one street classification involved.
(8)
Driveway Width. No driveway shall provide a curb cut exceeding 20 feet in width.
(9)
Drainage. Driveways shall be constructed in a manner to be consistent with the design, maintenance, and drainage of the street. In addition, any driveways proposed pursuant to this subsection shall be constructed in compliance with Chapter 21 (Opening or Excavating of Streets or Highways), § 21-105 (Drainage), and Chapter 9 (Earth Disturbance) of the Code of the Township of Allen.
[Amended by Ord. 2015-03, 6/11/2015]
B.
Access Drive (Non-Single-Family Development). Vehicular access to uses other than single-family dwellings shall be provided by access drives and subject to the following standards:
(1)
Number Per Lot. Except as specified elsewhere, the number of access drives intersecting with a street may not exceed two per lot frontage. The Township Supervisors, during the land development review process, may grant permission for additional access points where necessary to meet specific property circumstances or where frontage of unusual length exists.
[Amended by Ord. 2015-03, 6/11/2015]
(2)
Clear Sight Triangle. Access drives shall be located and constructed so that clear sight triangle of 75 feet as measured along the street center line, for local roads, and 100 feet as measured along the street center line for collector or arterial roads, and five feet along the center line of the access drive is maintained; no permanent obstruction over 30 inches high shall be placed within this area.
(3)
Access Permits. Access drives shall not be permitted to have direct access to state roads or highways, unless authorized by the Pennsylvania Department of Transportation through issuance of a highway occupancy permit, or to Township roads unless a road occupancy permit has been obtained from the Township.
(4)
Intersection. Access drives shall intersect streets at right angles, wherever possible.
(6)
Location. The center line of an access drive at the point of access to a street shall not be located closer to a street intersection than the following distances:
(a)
Three hundred feet if either street is an arterial street.
(b)
Two hundred feet if one street is a collector and the other street is either a collector or local street.
(c)
One hundred fifty feet if both streets are local streets.
(d)
Access drives shall not be located within 15 feet of any fire hydrant or adjoining property line; however, this setback can be waived, by the Board of Supervisors, along one property line when a joint parking lot is shared by adjoining uses.
(7)
Surfacing. With the exception of farm lanes, all access drives shall be paved with concrete or bituminous paving material, or another dust-free material suitable to the Board of Supervisors.
(8)
Access Drive Width and Radius. Entrances and exits shall be limited to three lanes. The width of such entrances and exits, measured at the property line, shall conform to the following schedule:
[Amended by Ord. 2015-03, 6/11/2015]
Width (feet) | |||
|---|---|---|---|
Minimum | Maximum | ||
1 lane | 12 | 14 | |
2 lanes | 20 | 28 | |
3 lanes | 30 | 40 | |
These widths may be revised on a case-by-case basis, in the sole discretion of the Board of Supervisors, depending on specific conditions present at the property, or if the driveway is designed to meet a particular PennDOT design criterion. | |
In all cases, the radius of the edge of the access drive apron shall be at least 15 feet so that a car entering or leaving may not obstruct vehicles in other traffic lanes in the driveway or street. | |
All nonresidential driveways shall be curbed at the street line, unless otherwise allowed by the Board of Supervisors. In addition, any driveways proposed pursuant to this subsection shall be constructed in compliance with Chapter 21 (Opening or Excavating of Streets or Highways), § 21-105 (Drainage), and Chapter 9 (Earth Disturbance) of the Code of the Township of Allen. |
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1414]
1.
Swimming pools shall be located to the side of or in the rear of the primary structure of the lot. No swimming pools are permitted closer to a street right-of-way than the front of the primary structure.
2.
Pools shall be set back at least 10 feet from any lot line or electric line. This setback shall also apply in the case of attached structures (such as duplexes and townhouses).
3.
In-ground swimming pools must be located entirely within a chain link or wooden fence (or equivalent) with a minimum height of 48 inches. A locking gate must be provided for the fence.
4.
Aboveground swimming pools having an exposed sidewall of less than 48 inches must also be enclosed in a fence to a minimum height of 48 inches from the ground. The fence may be attached to the pool sidewalls.
5.
Any aboveground swimming pool must have a retractable locking ladder and/or locking gate to the steps of a side deck.
6.
Fencing must be installed prior to filling the pool with water.
7.
If BOCA or the property owner's insurances would demand stricter standards, the property owner must follow the stricter standards.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1415]
Single-family dwellings may have animals as pets, if not classified as animal husbandry or kennel/stable, if the following criteria are met. These pets shall not be a commercial business and must be the responsibility of a family member living on the property. The following regulations must be followed.
A.
Location of shelters and/or housing of pets shall not be within a distance of 15 feet from the property line nor within 75 feet of any dwelling other than the owner's dwelling; and further provided that no building used in such connection shall be maintained or established within such distance. All such buildings to be located to the rear of the main structure or dwelling.
B.
Shelters and/or Housing. All shelters and/or housing of animals shall be constructed of suitable materials providing protection for the animal. Sufficient ventilation and sunlight shall be provided in the structure. The structure shall have a roof and all materials shall be securely attached to the structural elements of the shelter or housing. Shelters or housing made of materials unsupported or unattached will not be permitted.
C.
Animal runs and yards in which animals are kept, exercised, and trained shall be maintained in good condition. Ground areas shall be maintained so as to prevent runoff of soil and/or any debris storage to surrounding properties. The area shall be so graded to prevent accumulation of stormwater runoff.
D.
For purposes of this chapter, any animals classified as animal husbandry or kennel/stable, such as goats, and other livestock and poultry shall not be considered as pets. For purposes of this chapter any property owner desiring to keep a horse as a pet must have a minimum lot size of two acres. For each additional horse in excess of one an additional 1.5 acres per horse shall be required. Any property containing four or more horses shall be considered a stable. The location of any corral shall be a minimum distance of 100 feet from every property line boundary.
E.
Any animals typically found in zoos or governed by the PA Game Commission (i.e., lions, tigers, bobcats, etc.) are not permitted.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1416]
A permit may be issued for use of a temporary structure or use necessary during construction or special circumstances of a nonrecurring nature, subject to:
A.
The time period of the permit shall be six months. This permit may be renewed for two additional three-month trial periods by the Zoning Officer. After that, any permit extensions may only be granted by the Board of Supervisors after the applicant has proven just cause.
B.
Such structures must be removed completely upon expiration of the permit without cost to the Township.
C.
Adequate sewer and water provisions must be present.
[Ord. 2000-03, 9/14/2000, Art. XIV, § 1417]
1.
The minimum lot size provisions of this chapter shall not prevent the construction of a single-family dwelling on any lot that was lawfully created but does not meet the dimensional requirements of this chapter, provided that:
A.
Such lot is not less than 10,000 square feet.
B.
Lots not served by public water and sewers shall meet all requirements of the Department of Environmental Protection.
C.
The percentage of lot area covered by a single-family dwelling shall not exceed 15% of the area of the lot.
D.
The front and rear yards shall aggregate at least 60% of the total lot depth, but in no case shall either the front yard or the rear yard be less than 20 feet.
E.
The side yards shall aggregate at least 40% of the total of width, but in no case shall either side be less than 15 feet.
F.
The lot has access to a public street or approved private street.
2.
This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter, in any case where a reparceling or replotting could create one or more lots which would conform to the chapter.