Township of Chestnuthill, PA General Regulations

If a new principal building is proposed to be constructed or placed on a lot that abuts a private street(s), and the lot does not have access onto a public street, then as a condition of the permit, the lot owner shall be required to improve the segments of the private street(s) that directly abut the lot. Such improvements shall result in a minimum compacted depth of the street of eight inches of crushed stone, shale or bank run gravel or other Township approved surface, which shall be leveled. Such surface shall have a minimum width of 12 feet.

Number of principal uses and principal buildings per lot.

[Amended 5-1-2014 by Ord. No. 2014-01]

A lot in a commercial or industrial district may include more than one permitted principal use per lot and/or more than one permitted principal building per lot. In the case where one of uses requires a greater minimum lot size, such minimum size shall be required. For example, if Use 1 requires a one-acre lot area and Use 2 on the same lot requires a two-acre lot area, then the lot shall have a minimum lot area of two acres.

All other applicable requirements shall apply to each use. If differing dimensional requirements apply for different uses on the lot, then the most-restrictive requirement shall apply.

The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.

The uses and buildings shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place.

A lot within a residential district shall not include more than one principal use and shall not include more than one principal building, unless specifically permitted by this chapter.

A mobile home park, condominium residential development or apartment development may include more than one principal building per lot, provided all other requirements of this chapter are met. A condominium form of ownership of individual dwelling units, with a legally binding homeowners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Township Solicitor, that there will be appropriate legal mechanisms in place and compliance with applicable state law.

Minimum size of dwellings. Each dwelling unit shall include a minimum of 600 square feet of enclosed habitable, indoor, heated floor area, and which shall be primarily above the ground level.

Maximum occupancy.

[Amended 5-1-2014 by Ord. No. 2014-01; 7-16-2019 by Ord. No. 2019-01]

No mobile home shall be occupied on a lot as a dwelling unless it meets all the requirements for a dwelling.

No recreational vehicle shall be occupied on a lot for more than 90 days in a calendar year, except as may be approved within a campground with suitable central water supply and sewage disposal. A separate permit shall be required for each thirty-day period. The following additional standards shall apply:

A permit shall be required and shall specify the times of occupancy.

The recreational vehicle shall be permitted on the lot only when occupied.

The recreational vehicle shall maintain the setbacks required for principal structures in the district.

The construction of roof-overs, decks, enclosed or covered porches, screened enclosures or any other accessory structure shall be prohibited.

Factory produced awnings attached to the recreational vehicle shall be permitted.

(f)

The applicant shall provide documentation of sewage disposal meeting Township requirements.

§ 119-70 Height exceptions.

The maximum structure height specified for each district shall not apply to antennas that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy. See also definition of "height" in § 119-21.

§ 119-71 Special lot and setback requirements, sight distance and buffer yards.

[Amended 5-1-2014 by Ord. No. 2014-01]

In general.

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.

Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders.

Exceptions to minimum lot areas, lot widths and required setbacks.

Corner lots. For a corner lot, the minimum required side setback depth abutting a public street shall be equal to the minimum depth of the required front setback.

Projections into required setbacks.

Cornices, eaves, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leads, chimneys, "Bilko"-type doors for basement access, window awnings, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required setback not more than three feet, except as may be required within a drainage or utility easement.

Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.

Sight clearance at intersections. The applicable provisions of Chapter 98, Subdivision and Land Development, shall apply, regardless of whether an application is a subdivision or a land development. (Note: As of the adoption date of this chapter, such provisions were in § 98-38 of such chapter.[1])

Editor's Note: See now § 98-59H.

Buffer requirements.

Buffer yards shall have a depth of 20 feet, measured from the property line, street right-of-way line, district boundary line or otherwise applicable boundary line.

A use or zoning district which is across a street, alley, service lane or right-of-way from the subject property shall be considered to be adjacent.

A softening buffer is a perimeter landscape planting intended to provide a partial screen and separation between neighboring developments.

A screen buffer is a predominantly evergreen perimeter landscape planting intended to provide a visual separation between neighboring developments.

Where other sections of the Township Code (such as, but not limited to, §§ 119-40 and 119-41) require greater buffering standards, the more-restrictive standards shall apply.

The buffer yard may include areas within a required front, side or rear setback area, provided the larger setback requirement shall apply in case of overlap.

(7)

Softening buffers shall be required within the front yard, along a property line or street right-of-way, for any proposed land development except the following:

Any proposed residential use;

Any use proposed within the VC Village Commercial/Residential District;

Any use for which a screen buffer is required or proposed within the front yard.

(8)

Screening buffers shall be provided where a land development or subdivision of any parcel in any commercial district is adjacent to, or across a street from, any residential district. The screening buffers shall be required along the property line or lines which are shared between the properties, or the right-of-way line which faces the residential property.

(9)

All sewage treatment plants, lift stations and similar aboveground structures (excluding disposal beds and spray fields), truck loading, outside storage areas, mechanical equipment and trash receptacles shall be screened from view from streets and abutting residential areas through the use of evergreen shrubs.

(10)

For all land developments, buffers shall be required along the side and rear property lines in accord with Table 119-71D:

Table 119-71D
Required Side and Rear Property Line Buffers
Adjacent Use
Proposed Use (buffer provider)	Residential — Single-Family Detached	Residential — Single-Family Attached and Multifamily	Commercial	Industrial	Institutional, Public and Semipublic	Miscellaneous Uses
Residential — single-family detached	None	None	None	None	None	None
Residential — single-family attached and multifamily	Softening	Softening	Softening	Softening	Softening	Softening
Commercial	Screen	Screen	None*	None	Softening	Screen
Industrial	Screen	Screen	Screen	Screen	Screen	Screen
Institutional, public and semipublic	Softening	Softening	None	None	None	None**
Miscellaneous uses	None	None	None	None	None	None**

NOTES:
*	Where a commercial development with a gross floor area greater than 20,000 square feet is proposed adjacent to an existing commercial development with a gross floor area less than 20,000 square feet, a softening buffer shall be provided as part of the proposed development.
**	Where the existing miscellaneous use is preserved agricultural land, as shown on the Township Official Map, a softening buffer shall be required.

§ 119-72 (Reserved) [1]

Editor's Note: Former § 119-72, Landscaping, was repealed 5-1-2014 by Ord. No. 2014-01.

§ 119-73 Nonconformities.

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.

Continuation of nonconformities.

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.

If an existing use was not lawfully established, it shall not have any right to continue as a nonconforming use.

Expansion of or construction upon nonconformities. The following shall apply, unless the structure is approved under Subsection D:

Nonconforming structure.

The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded, provided:

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; and

[Amended 5-1-2014 by Ord. No. 2014-01]

That any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter.

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.

Nonconforming lots.

Permitted construction on a nonconforming lot. A single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot provided all of the following additional requirements are met:

Within the RS District, the additional requirements of § 119-29 shall apply;

The lot must be a lawful nonconforming lot of record;

[3]

Minimum setback requirements shall be met;

[4]

State and federal wetland regulations shall be met;

[5]

The on-lot sewage disposal and well requirements of § 119-30 shall be met; and

[Amended 5-1-2014 by Ord. No. 2014-01]

[6]

If the lot has a lot area of less than one acre, then the lot area shall not be less than 50% of the area that would otherwise be required.

Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.

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:

[Amended 7-16-2019 by Ord. No. 2019-01]

An expansion of more than 10% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.

Such expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.

An expansion of land or structure used for the nonconforming use shall be limited to a total increase not to exceed 50% of land and 50% of structure beyond what existed at the time the use first became nonconforming. The above maximum increases shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increases.

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.

Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted by right use, provided that the number of dwelling units or rooming house units are not increased; the expansion meets all applicable setbacks; no new types of nonconformities are created; and a nonconformity is not made more severe. Changes in dwellings within a mobile home park shall be regulated by § 119-40A.

[Amended 5-1-2014 by Ord. No. 2014-01]

Nonconforming sign. The provisions of this chapter shall not be interpreted to provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.

Damaged or destroyed nonconformities. A nonconforming structure that has been destroyed or damaged may be rebuilt 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 continues; and no nonconformity may be created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.

Abandonment of a nonconformity.

If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except as provided for in the "damaged or destroyed nonconformities" provisions of this section.

The applicant shall be responsible to provide evidence that the nonconformity was not abandoned.

An existing lawful separate dwelling unit may be unrented for any period of time without being considered abandoned under this chapter.

Changes from one nonconforming use to another.

Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.

A nonconforming use may be changed to a different nonconforming use only if approved as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.

Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:

Traffic safety and generation (especially truck traffic);

Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;

Amount and character of outdoor storage;

Hours of operation if the use would be close to dwellings; and

Compatibility with the character of the surrounding area.

A nonconforming use shall not be changed to a nonconforming adult use.

District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.

§ 119-74 Dumpster screening and location.

Any newly placed solid waste dumpster shall be screened on at least three of four sides as necessary to screen views from public streets and dwellings.

Such screening shall consist of decorative masonry walls, mostly solid weather-resistant wood fencing, fencing of a similar appearance, or primarily evergreen plantings.

Setback from dwellings. To the maximum extent feasible, as determined by the Zoning Officer, an outdoor solid waste container with a capacity of over 15 cubic feet shall be kept a minimum of 20 feet from the walls of a dwelling on an abutting lot.

If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this § 119-74.

This section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises. Outdoor bulk containers over 15 cubic feet capacity for the storage of cardboard or paper for recycling shall still be screened, but shall not be required to meet the setback requirements of Subsection C.

§ 119-75 Minimum setbacks from existing and proposed streets.

Where a front, side or rear required setback would abut an existing street or any proposed street shown on the Township Official Map, then such required setback shall be measured from the following minimum distances from the center line of the existing or proposed street right-of-way:

[Amended 12-7-2004 by Ord. No. 2004-06; 5-1-2014 by Ord. No. 2014-01]

Forty feet from the center line of an arterial street;

Twenty-five feet from the center line of a collector or local street;

Fifteen feet from the center line of an alley, private access street or any other street.

Applicants are strongly encouraged to dedicate such area to PennDOT or the Township for future street widenings and utility and stormwater improvements. If such area is not accepted for current dedication, then the approved plan should state that it is reserved for future dedication at such time as PennDOT or the Township may determine that the area is needed.

No building, fence or other structure (except for mailboxes, utility poles and similar structures typically found within a right-of-way) shall be placed within the setback required by Subsection A.

§ 119-76 Off-Street parking and loading.

[Added 5-1-2014 by Ord. No. 2014-01]

This § 119-76 shall apply to all new and expanded uses and to changes of use, and all such uses shall be provided with parking and loading areas adequate to meet the needs of the use. Any proposal which is considered a land development as defined by Chapter 98 shall be governed by the parking and loading area design standards in Chapter 98. Following the establishment of any land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of this § 119-76, and violations shall be subject to the enforcement provisions of this chapter.

Availability and use of facilities.

Availability. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.

Location of parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in § 119-76K or § 119-76L.

Continuing obligation of parking and loading spaces. All required numbers of parking spaces and off-street loading spaces shall be available as long as the use or building which the spaces serve still exists, and such spaces shall not be reduced in number below the minimum required by this chapter.

Nonparking use. Required off-street parking, loading, and unloading facilities and accessways shall not be used for any other purpose, including, but not limited to, sales, display or storage areas, or the parking of any vehicles for which the area was not approved (e.g., parking of tractor trailers in required passenger vehicle areas).

Existing parking. Any parking spaces serving such preexisting structures or uses at the time of the adoption of this chapter shall not in the future be reduced in number below the number required by this chapter. If a new principal nonresidential building is constructed on a lot, then any existing parking on such lot that serves such building shall be reconfigured to comply with this chapter, including, but not limited to, required parking and areas reserved for additional parking if needed, requirements for channelization of traffic from adjacent streets, channelization of traffic within the lot, minimum aisle widths, paving and landscaping.

Garages and carports. Garages and carports not in the public right-of-way may be considered parking spaces.

Site plan; design.

Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

General. Parking spaces, loading and unloading areas, and accessways shall be laid out to result in safe and orderly use and to fully address all of the following: vehicular access onto and off the site, vehicular movement within the site, pedestrian patterns and any drive-through facilities. No parking area shall cause a safety hazard or impediment to traffic on or off the lot.

Pedestrian access and circulation. The parking and access plan shall include details of pedestrian access to the site and pedestrian circulation within the site. The intent shall be to facilitate pedestrian access and provide safe and convenient circulation from parking areas to the structure or use.

Design. Off-street parking areas, accessways, fire lanes, traffic flow signs, pavement markings, and other necessary facilities shall be designed and provided in accord with the most-current Institute of Transportation Engineers Traffic Engineering Handbook, or other generally accepted methodology approved by the Township. The applicant shall provide copies of the methodology used for the design. Notwithstanding the above, all parking spaces and the overall design shall be ample in size for the vehicles for which use is intended, and stalls shall be a minimum of 10 feet by 20 feet with aisles of not less than 24 feet unless designed as required above.

Illumination. All driveways, aisles, maneuvering spaces, vehicular service areas, and spaces between or around buildings, designed for use by more than four cars after dusk, other than those accessory to a single dwelling, shall be illuminated according to § 98-68.1.

Public rights-of-way. Parking, loading and unloading of vehicles shall not be permitted on public rights-of-way, except in designated areas and in accord with municipal parking regulations. No parking area shall be designed which requires or encourages parked vehicles to be backed into a public street.

Parking between principal structure and road.

VC District. In the VC District, parking shall be prohibited between the front facade of the principal building and the principal road; all parking shall be located to the side or rear of the building.

GC, LIC, GI, and BP Districts. In GC, LIC, GI, and BP Districts, no parking, loading or service area shall be located within required front setback areas (i.e., between the street right-of-way and the building setback line). Any parking, loading or service area located between the required building setback line and any principal building shall be screened per § 119-71D.

No more than 10% of off-street parking shall be located between the front facade of the principal building and the required setback line.

For large-scale retail/commercial development, such parking may be increased to 50% if the Township determines that the parking is screened from view by the use of pad-site development consisting of buildings less than 20,000 square feet of gross floor area plus the use of landscaping in the form of trees, shrubs, fencing or low walls.

Number of spaces to be provided. The number of parking spaces required by this § 119-76F shall be considered the minimum and maximum requirements, unless modified in accord with this § 119-76F.

Parking required for nonresidential uses.

Parking generation manual.

Parking Demand Table. Off-street parking spaces shall be provided and maintained in accord with the Parking Demand Table in 119 Attachment 6 or the latest edition of Parking Generation published by the Institute of Transportation Engineers. The Parking Demand Table may be updated by resolution of the Board of Supervisors to include more current data.

[Amended 4-23-2015 by Ord. No. 2015-04]

Similar use. The parking provided for the proposed use shall be based on the most-similar use and unit of calculation listed in the Parking Demand Table as determined by the Zoning Officer.

[3]

Unlisted use. In cases where the Zoning Officer determines that a proposed use cannot be reasonably included in a use listed in the sources identified in § 119-76F(1)(a)[1], the Zoning Officer may rely on other generally accepted published standards.

[Added 7-16-2019 by Ord. No. 2019-01]

Land uses with 85th percentile data listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall conform to the average peak period demand as noted in the Parking Demand Table.

Reserved. Space shall be reserved to allow for expansion to the 85th percentile, as listed in the Parking Demand Table, unless a reduction is approved in accord with § 119-76F(4).

Land uses without 85th percentile data listed in the Parking Demand Table.

Constructed. The number of paved parking spaces constructed shall be the average peak period demand or 85% of the peak, whichever is reported in the Parking Demand Table.

Reserved. Space shall be reserved to allow for expansion to 115% of the number of spaces required by § 119-76F(1)(c)[1], unless a reduction is approved in accord with § 119-76F(4).

Parking required for residential uses. Two off-street parking spaces shall be provided and maintained for each residential dwelling unit, except as follows:

Single-family dwelling: 3 per dwelling unit.

Two-family dwellings and multifamily dwellings: 2 per dwelling unit.

Multifamily senior citizen and other senior citizen housing: 1 per dwelling unit.

Assisted living facilities or personal care homes: 0.5 per dwelling unit.

Township-required reduction. In the case of parking for conditional uses and special exceptions, if the Board of Supervisors/Zoning Hearing Board determines that the number of parking spaces required by this § 119-76 is not necessarily required to meet the immediate needs of the proposed use, the Township may require the number of spaces provided to be reduced by a maximum of 25% based on the average peak period demand or peak, whichever is reported for the use in the Parking Demand Table. The developer shall dedicate sufficient and suitable area to future parking to meet the normal standards in this § 119-76.

Applicant-proposed reduction/increase. The required number of parking spaces may be reduced or increased subject to conditional use approval by the Board of Supervisors for uses classified as principal permitted uses and conditional uses and by the Zoning Hearing Board for uses classified as special exceptions. The applicant shall provide evidence justifying the proposed reduction or increase of spaces, such as studies of similar developments during peak hours. The applicant shall also provide relevant data, such as number of employees and peak expected number of customers/visitors. Any approval to permit such decrease or increase shall be subject to the following:

Chapter and plan consistency. The project design and parking space decrease shall be consistent with the purposes contained in this chapter and the goals and objectives of the Comprehensive Plan.

Quality of design. The applicant shall demonstrate to the Board of Supervisors that the proposed decrease will result in an adequate number of parking spaces or the increase will not produce an excess number of spaces for the use based on a specific study of the parking demands for the proposed use or empirical data reported by a generally accepted source, such as the Institute of Transportation Engineers, the Urban Land Institute, the American Planning Association, or similar entity.

Local conditions. In making its determination, the Board of Supervisors or the Zoning Hearing Board shall also consider, among others, the demographics and character of the neighborhood, demographics of targeted customers and employees, availability of mass transit, existing on-street parking conditions, and any employer-instituted transportation demand management programs.

Burden; conditions.

If the Board of Supervisors or the Zoning Hearing Board, in its sole discretion, determines that the applicant has met the burden of proof, it may grant the decrease or increase.

In no case shall parking be reduced by more than 30% nor be increased by more than 20% of the minimum parking requirement.

[3]

If the applicant provides more parking spaces than the minimum required, the additional parking spaces shall not result in the removal of specimen trees.

[4]

The Board of Supervisors or the Zoning Hearing Board may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter, including, but not limited to, reserving parking.

Form of reservation. Each parking reservation shall be in a form acceptable to the Township Solicitor that legally binds current and future owners of the land to keep the reserved parking area in open space and, if the Township determines it is necessary, to provide the additional parking in the time and manner as stipulated in the reservation document. Proof of recording of the agreement shall also be provided to the Township before the issuance of a zoning permit for the project.

(f)

Reserved parking disturbance and stormwater. The reserve parking areas shall remain undisturbed or shall be landscaped, but shall be included in the calculations of lot coverage area and for stormwater management and for the requirement of an NPDES permit. The stormwater facilities shall be constructed in accord with the approved sequencing design as parking areas are constructed.

(g)

Multiple uses. (See also § 119-76L.) For projects involving more than one use and/or structure, the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.

(h)

Handicapped parking. Parking for the handicapped shall be provided in accord with the Americans with Disabilities Act and shall count as part of the spaces required for the use by this § 119-76.

Off-street loading and unloading areas.

Required. In connection with any building or structure which is erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, off-street loading and unloading berths shall be provided as specified in this § 119-76. For the purposes of this section, the words "loading" and "unloading" are used interchangeably.

Number. Each use shall provide off-street loading facilities sufficient to accommodate the maximum demand generated by the use and the maximum-sized vehicle, in a manner that will not routinely obstruct traffic on a public street. If a reasonable alternative does not exist, traffic may be obstructed during off-peak hours for loading and unloading along an alley, rear service lane or parking area. Loading areas shall not be used to satisfy parking requirements.

Location. All required loading areas shall be located on the same lot as the use to be served. No loading area for vehicles of more than two tons' capacity shall be located closer than 100 feet from any residential district. No loading area shall be located within 50 feet of a property line unless the lot is less than 200 feet wide, in which case such setback may be reduced to not less than 25 feet at the discretion of the Township. No loading facilities shall be constructed within any required setback areas. Loading facilities shall be located on either the side or rear of the building and screened in accord with § 98-71 and § 119-71D.

Access. Each required off-street loading area shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements and shall be subject to the approval of the Township. Such access shall have paved surfaces to provide safe and convenient access during all seasons.

Paving. All outside off-street loading areas shall be improved according to the street construction standards of § 98-57K(6).

Repair and service. No storage of any kind, nor motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading area.

(7)

Hours of operation. Where the use requiring loading and unloading activities is located within 500 feet of a residential use or district, the hours of operation for loading or unloading activities shall be prohibited between the hours of 11:00 p.m. and 6:00 a.m.

(8)

Fire lanes. All buildings shall be accessible to emergency vehicles and shall meet the requirements of Chapter 46.

Access to off-street parking and loading areas. There shall be adequate provisions for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

Width. Unless otherwise required by PennDOT for access to a state road, the width of the driveway/accessway onto a public street at the right-of-way shall be as follows:

	Width*	1-Way Use (feet)	2-Way Use (feet)
	Minimum	12	20
	Maximum	20	30

	NOTES:
	*	Exclusive of the turning radius.

Controlled access. Each entrance and exit shall be clearly defined with curbing, fencing, landscaping or vegetative screening so as to prevent access to the area from other than the defined entrance and exit.

Highway occupancy permit. All new uses shall be required to obtain a highway occupancy permit from the Township or PA DOT, as the case may be. In the case of a change in use or the expansion of an existing use, a highway occupancy permit or a revised highway occupancy permit shall be required if there will be increase in average daily traffic based on the most-recent edition of the International Traffic Engineers Traffic Generation Manual. Where a use accesses the public right-of-way via a private road, the highway occupancy permit requirement and criteria shall be applied at the public right-of-way intersection.

Interior travelways. The applicant shall demonstrate that travelways within the property are adequate to safely and efficiently serve vehicles which are reasonably expected to visit the property. Turning radius templates developed by the American Association of State Highway Transportation Officials (AASHTO) shall serve as the design standard.

Curbing. Access drives and landscaping shall be defined with concrete curbing or such alternate material as may be approved by the Township.

Parking and loading area setbacks and buffers. All parking and loading areas and parallel circulation and service lanes serving any nonresidential or multifamily use shall be separated from any public street or adjoining property lines by a buffer in accord with the requirements of § 98-71 and § 119-71D.

Grading and drainage; paving.

[Amended 7-16-2019 by Ord. No. 2019-01]

Parking and loading facilities, including driveways, shall be graded and adequately drained to prevent erosion or excessive water flow across streets or adjoining properties.

Except for landscaped areas, all portions of required parking, loading facilities and accessways shall be surfaced with asphalt, concrete, paving block or porous pavement or pavers meeting Township specifications. In the case of single-family or two-family dwellings, unless otherwise regulated by PennDOT, the first 20 feet (measured from the connection to the paved surface of the public street) of driveways shall be constructed with a five-inch minimum compacted depth stone subbase, two-inch minimum compacted depth bituminous base course, and a one-inch minimum compacted depth bituminous surface course.

Off-lot parking. Required parking may be provided on a different lot than on the lot on which the principal use is located, provided the parking is not more than 400 feet from the principal use lot. Off-lot parking areas shall be permitted only in a district where the principal use is permitted. Both parcels shall be under the same control, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants of record filed in the office of the County Recorder of Deeds requiring the owner and his or her heirs and assigns to maintain the required number of off-street parking spaces during the existence of said principal use.

Shared parking. Shared parking may be permitted in the VC, GC, LIC, GI, BP and I Districts subject to conditional use approval by the Board of Supervisors for uses classified as principal permitted uses and conditional uses and by the Zoning Hearing Board for uses classified as special exceptions. The following regulations shall apply:

Application for shared parking. Applicants seeking a shared parking arrangement shall have a shared parking study prepared by a traffic engineering firm qualified in the field of shared parking as demonstrated through submission of qualifications and references to the Board of Supervisors/Zoning Hearing Board. The applicants shall submit the shared parking study to the Township for review. Factors to be considered in evaluating the desirability of implementing parking arrangements should include operating hours, seasonal/daily peaks in parking demand, the site's orientation, location of access driveways, transit service, accessibility to other nearby parking areas, pedestrian connections, distance to parking area, availability of parking spaces, and cooperation of adjacent owners.

Calculation of parking spaces required with shared parking. The minimum number of shared parking spaces for a mixed-use development or where shared parking strategies are proposed shall be determined by a study prepared by the applicant following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other professionally recognized procedures. A formal shared parking study may be waived by the Board for developments proposing 12 or fewer shared parking spaces and where the applicant has established to the Board of Supervisors/Zoning Hearing Board's satisfaction that its impact is expected to be minimal.

Location of shared parking spaces. Shared spaces for residential units shall be located within 300 feet of the dwelling unit entrances they serve. Shared spaces for other uses shall be located within 600 feet of the principal building entrances of all sharing uses. However, up to 20% of the spaces may be located greater than 600 feet but less than 1,000 feet from the principal entrances. Clear, safe pedestrian connections shall be provided. Pedestrians shall not be required to cross an arterial street in order to access shared parking spaces.

Easement agreements between sharing property owners. If a privately owned parking facility is to serve two or more separate properties, a legal agreement between property owners guaranteeing access to, use, maintenance and management of designated spaces is required. Such agreement shall be submitted to the Township for review and approval. The Board of Supervisors/Zoning Hearing Board may require that the property owners record the agreement as an easement with the Monroe County Recorder of Deeds.

Shared parking plan. A shared parking plan shall be submitted when the shared parking study determines that the number of parking spaces which would otherwise be required under the applicable ordinances can be reduced by 10% or more by the application of shared parking to the parcel or parcels. Where a shared parking plan is submitted, it shall include:

A site plan of parking spaces intended for shared parking and their proximity to the land uses they serve.

A signage plan that directs drivers to the most-convenient parking areas for each particular use or group of uses (if such distinctions can be made).

A pedestrian circulation plan that shows connections and walkways between parking areas and land uses. These paths should be as direct and short as possible consistent with pedestrian safety.

A safety and security plan that addresses lighting and maintenance of the parking areas.

A drawing identifying a location which shall be held in reserve for future parking needs should changes in the tenant/occupant mix on the parcel or other circumstances reduce the effectiveness of shared parking among the parcels.

Adoption of a shared parking plan. The Board of Supervisors/Zoning Hearing Board may condition the grant of subdivision or land development approval upon compliance by the applicant with a shared parking plan acceptable to the Board.

(7)

Modification of a shared parking plan. The owner of a property where parking has been provided pursuant to a shared parking plan may request the Board to approve a revision to that shared parking plan if the tenants/occupants of buildings on the involved parcels change such that a new shared parking study shows an increase by 10% or more for parking spaces on the parcel. The Board of Supervisors/Zoning Hearing Board may, in its sole discretion, grant or deny such request based upon its analysis of the parking needs of the site, the availability of parking on neighboring parcels or on the streets, and such other factors as it deems relevant. The request may only be granted if the affected parcel(s) have a reserved parking location as set forth in § 119-76L(5)(e) above and only to the extent that the additional required parking spaces can be placed in that reserve area.

(8)

Reserve area. The number of parking spaces to be constructed pursuant to a shared parking plan may be less than the number required under this chapter pursuant to a shared parking plan only where the following conditions are met:

The land development plan submitted by the applicant shall identify an area which, if necessary, could be used to meeting the parking requirements of this chapter without the use of shared parking (the "parking reserve area"). That area shall be set aside for possible future use as parking if necessary. The Board of Supervisors/Zoning Hearing Board may, upon application of the property owner and for good cause shown, allow such area to be converted to parking;

In no event shall the authorized portion of the required parking area that is not to be constructed but reserved for possible future use be counted towards satisfying any open space requirements which must be met under the terms of this chapter;

The parking reserve area shall be designed so that, if required, it will be easy to convert the area into parking;

Stormwater management plans proposed for the affected land development shall be prepared on the assumption that the parking reserve areas will be part of the impervious coverage; and