No zoning certificate, building permit or occupancy permit shall be issued for any land development as defined in this Chapter until a land development plan has been submitted, reviewed, and approved in accordance with §§
185-13 and
185-16 of the West Deer Township Subdivision and Land Development Ordinance.
A completed application packet shall be received no later than
close of business on the last business day of each month to be considered
for review at the following Planning Commission's regularly scheduled
workshop meeting. Said packet shall be accompanied by a fee established
by the Board of Supervisors to cover the cost of review.
The application shall consist of the items required by §§
185-13 and
185-16 of the Township's Subdivision and Land Development Ordinance.
The Planning Commission shall not recommend a land development
plan to the Township Board of Supervisors unless the following standards
have been met:
A. Screening requirements.
(1)
Every development shall provide sufficient screening so that
neighboring properties are effectively shielded from any adverse impacts
of that development, or so that the new development shields itself
from potential impacts from existing uses already in operation.
(2)
This section sets forth the type of screening method required
between various uses in order to provide a mechanism to buffer potential
negative impacts. To determine the type of screening required (Type
A, B or C) based upon the Screening Requirements Table included in
the Appendix of this Chapter, find the use in the "Developing Use"
column which is similar to the proposed use to be developed, and follow
that line across the page to its intersection with the type of use(s)
that adjoins the property to be developed. For each intersecting square
that contains a letter, the developer is required to install the level
of screening indicated.
(3)
The three basic types of screens that are required are as follows:
(a)
Opaque screen, Type A. A screen that is opaque from the ground
to a height of at least six feet, with intermittent visual obstructions
from the opaque portion to a height of at least 20 feet. An opaque
screen is intended to exclude all visual contact between uses and
to create a strong impression of spatial separation. The opaque screen
may be composed of a wall, fence or densely planted vegetation with
fencing. Compliance of planted vegetative screens will be judged on
the basis of the average mature height and density of foliage of the
subject species, or field observation of existing vegetation. The
opaque portion of the screen must be opaque in all seasons of the
year. At maturity, the portion of intermittent visual obstruction
should not contain any completely unobstructed openings more than
10 feet wide. Suggested planting patterns follow:
(b)
Semi-opaque screen, Type B. A screen that is opaque from the
ground to a height of three feet, with intermittent visual obstruction
for above the opaque portion to a height of at least 20 feet. The
semi-opaque screen may be composed of a wall, fence, landscaped earth
berm, or planted vegetation. Compliance of planted vegetative screens
will be judged on the basis of the average mature height and density
of foliage of the subject species, or field observation of existing
vegetation. At maturity, the portion of intermittent visual obstructions
should not contain any complete unobstructed openings more than 15
feet wide. Suggested planting patterns follow:
(c)
Broken screen, Type C. A screen composed of intermittent visual
obstructions from the ground to a height of at least 20 feet. The
broken screen is intended to create the impression of a separation
of spaces without necessarily eliminating visual contact between the
spaces. It may be composed of a wall, fence, landscaped earth berm,
planted vegetation or existing vegetation. Compliance of planted vegetative
screens or natural vegetation will be judged on the basis of the average
mature height and density of foliage of the subject species, or field
observation of existing vegetation. The screen may contain deciduous
plants. Suggested planting patterns follow:
(4)
The screening requirements set forth in this section may be
interpreted with more flexibility by the Planning Commission and Board
of Supervisors in their enforcement of the standards.
(5)
It is recognized that, because of the wide variety of types
of developments and the relationships between them, it is neither
possible nor prudent to establish inflexible screening requirements.
Therefore, minor deviations may be granted to allow less intensive
screening, or requirements for more intensive screening may be imposed,
whenever such deviations are more likely to satisfy the intent of
this section.
B. Landscaping.
(1)
Any part or portion of the site which is not used for building,
other structures, loading or parking spaces and aisles, sidewalks
and designated storage areas shall be planted and maintained with
an all-season ground cover and shall be landscaped with trees and
shrubs in accordance with an overall landscape plan and shall be in
keeping with the natural surroundings.
(2)
Any off-street parking area with five or more spaces shall retain
at least 5% of the total parking area for landscaping and shall be
graded for proper drainage and shall be paved; or, at least one shade
tree, of at least two-inch caliper, shall be provided per every five
parking spaces. The grouping or spacing of such trees shall be reviewed
as part of the landscape plan.
(3)
Any off-street parking area located in a required front yard
shall be set back at least 10 feet from the road right-of-way, with
the area between the right-of-way and the parking area maintained
with mulch, gravel or other appropriate ground cover and landscaped
with trees, shrubs or boulders, and in accordance with the landscape
plan.
C. Storage. Any article or material stored outside an enclosed building
as an incidental part of the primary commercial or industrial operation,
shall be so screened by opaque ornamental fencing, walls, or evergreen
planting that it cannot be seen when viewed by a person standing on
ground level during any season of the year. All organic rubbish or
storage shall be contained in airtight, vermin-proof containers which
shall also be screened.
D. Lighting. It is the intent of this Part to provide for the control
of lighting and glare for all districts of the Township.
(1)
In any district, any operation or activity producing intense
glare shall be so conducted that direct and indirect illumination
from the source of light shall not cause illumination in excess of
1/2 footcandle when measured at any residence district boundary line
or any residentially developed property in a commercial or industrial
district. Flickering or intense sources of light shall be so controlled
as not to cause a nuisance across any lot lines.
(2)
No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light beyond its lot lines. In general, lighting
fixtures that shield the reflector or lens or any high-brightness
surface from viewing angles about 60° from horizontal shall be
utilized. Architectural lighting shall be recessed under roof overhangs
or generated from concealed sources utilizing low-intensity light
fixtures. The interior illumination of a canopy which permits any
light to pass through is hereby banned. The illumination or lighting
of freestanding and building canopies, awnings and exterior auxiliary
parts is prohibited, with the exception of flat-lens, full-cutoff,
downcast lighting, which may be mounted on the underside surface of
a structure, provided that it illuminates only the ground area beneath
the structure. For the purpose of this Chapter, a "canopy" shall be
defined as a covering over an area not enclosed by walls. An "awning"
shall be defined as an overhanging projection extending from a structure.
An "auxiliary part" shall mean all exterior structures, such as shelters,
porches, decks, colonnades, arbors, trellises, and pergolas.
(3)
All outside lighting, including sign lighting, shall be focused
away from adjacent streets and properties and shall be directed in
such a way as not to create a nuisance to any adjacent use and roadway.
All luminaries and fixtures hereafter constructed, installed, changed
or remodeled shall be equipped with a glare shielding device, full
cutoff downward cast in the case of freestanding area lighting. Intensity
of outdoor lighting shall be limited within usable areas of a site
(i.e., parking, walkways, etc.) to an average intensity at the ground
of 3 1/2 footcandles with a maximum intensity at any given point
on the ground of 12 footcandles, unless otherwise approved by the
Board of Supervisors. A four-hundred-watt maximum shall apply to any
light source.
(4)
In any district all pole-mounted illumination or lighting over
six feet in height or any wall-mounted illumination or lighting supported
by brackets or pole arms over six feet in height, hereafter constructed,
installed, changed or remodeled shall be "full cut-off lighting" with
flush or recessed lens caps only. All light fixtures shall be mounted
parallel to the ground. Full cut-off lighting shall be defined as
the type lighting fixture designed to provide a light distribution
so that the candela at 90° above nadir is zero and less than 10%
of rated lumens at 80° above nadir.
(5)
The height of a luminaire shall be limited as follows:
(a)
In any residential district, the maximum height permitted shall
be 20 feet.
(b)
In any other district, the maximum height shall be 30 feet.
(c)
The Board of Supervisors may further limit the height of luminaries
when it is determined that proposed lighting may have a detrimental
impact upon nearby properties.
(6)
Ball diamonds, playing fields and tennis courts have a unique requirement for nighttime visibility may be exempted from Subsection
D(1) through
(8) if, in the judgment of the Board of Supervisors, their limited hours of operation and the location of the luminaries will adequately protect neighboring residential uses.
(7)
The Board of Supervisors shall also retain overall supervision
of issues pertaining to enforcement of lighting and glare regulations
and may grant modifications from the lighting and glare, regulations
contained in this Chapter.
(8)
All lighting shall be completely shielded from traffic on any
public right-of-way and from any residential district.
E. Interior circulation. The interior circulation of traffic in commercial
and industrial areas shall be designed so that no driveway, or access
land providing parking spaces, shall be used as a through street.
F. Loading areas. Areas provided for the loading and unloading of delivery
trucks and other vehicles, and for the servicing of businesses by
refuse collections, fuel and other service vehicles, shall be located
at the side or rear of all buildings, unless topographic constraints
prevent their location, shall be adequate in size and shall be so
arranged that they may be used without blockage or interference with
the use of access ways or automobile parking facilities.
G. Emergency access.
(1)
The applicant shall demonstrate to the satisfaction of the Planning
Commission that all buildings shown on the land development plan can
be adequately accessed by emergency vehicles and equipment. Emergency
access shall be required for the purpose of positioning firefighting
equipment or other emergency vehicles in relation to the building
so that the equipment can be effectively used. Emergency access may
be provided by a means of a fire lane, a public or private street,
a driveway or aisle in a parking area or an unobstructed landscaped
area.
(2)
Emergency access shall be provided on at least one side of each
building. The Planning Commission may require emergency access to
be provided on more than one side of a building, if warranted by site
conditions, and the layout of the land development plan.
(3)
In the event that any applicant disagrees with the determination
of the Planning Commission regarding the provision of emergency access,
the applicant may appeal that determination to the Zoning Hearing
Board.
H. Access driveways and streets.
(1)
All required permits for state, county and/or Township highways
and roads must be obtained prior to final approval.
(2)
Driveways shall be separated by a distance of at least 125 feet
between center lines, as measured at the point of intersection with
the street right-of-way.
(3)
No driveway shall be located closer than 125 feet from an intersection
of any state, county or Township right-of-way.
(4)
The width of any entranceway leading from a public right-of-way
shall not exceed 30 feet at the point of intersection with the public
right-of-way.
(5)
Streets shall intersect at ninety-degree angles, except where
topographic constraints prevent an appropriate alignment. Angles less
than 90° may be designed, subject to the approval of the Planning
Commission. In no case shall proposed streets intersect at an angle
less than 75°.
(6)
All streets, rights-of-way and pavement designs shall conform
to the requirements adopted by the Township Board of Supervisors in
effect at the time of construction.
I. Traffic control.
(1)
No design shall be approved which is likely to create substantial
traffic hazards endangering the public safety, nor which is inconsistent
with the recommendations and findings of any officially adopted Township
traffic study.
(2)
Should an official traffic study not exist for the Township,
the developer may be required by the Township to complete such a study
for development that generates more than 100 average daily trips and
which said study shall address the development and specific traffic
problems. Requirements for said traffic study shall be as defined
by the Township.
(3)
Traffic control devices may include traffic signals, overhead
flashing lights and delineators, such as medial barriers, and not
be limited to acceleration and deceleration lanes, turning lanes,
one-way traffic flow, traffic and land markings, and signs.
(4)
The plan for traffic control shall provide off-site traffic
flow and safety. The developer shall be responsible for the construction
of any such traffic control devices.
J. Stormwater management. A stormwater management plan shall be developed
which conforms to the Township's Stormwater Ordinance.
Action upon the proposed land development application shall
take place as prescribed in the Township's Subdivision and Land Development
Ordinance.