Township of Franklin, PA DESIGN STANDARDS

Dwellings and accessory buildings shall be:

Sited entirely below the elevation of the nearest ridgeline whenever possible.

Be located outside of broad, open vistas.

Provide maximum views of and access to open space for residents of proposed dwellings.

Be located behind woodlands or hedgerows, extensions to woodlands or hedgerows, or new woodlands or hedgerows.

Set back in accordance with the underlying zoning district. Greater setbacks shall be considered in an effort to distance new development from the public view.

Parking and loading shall be located behind buildings or otherwise screened from view by plantings or berms.

New buildings shall use construction materials and earth-tone colors which are consistent with existing buildings on the site.

Removal of trees greater than eight inch dbh within 50 feet of the road right-of-way shall be prohibited, unless such tree is diseased, poses a safety hazard, or is considered an invasive species by the county and/or state.

§ 27-1605 (Reserved)

[Ord. 95-07 12/14/1995, § 1503; as amended by Ord. 2003-10,[1] 10/9/2003]

[1]

Editor's Note: Ord. 2003-10 moved § 1505 of Ord. 95-07 to § 612 of the Subdivision and Land Development Ordinance [§ 22-612].

§ 27-1606 Pedestrian Access.

[Ord. 95-07, 12/14/1995, § 1505; as amended by Ord. 2008-04, 11/19/2008, § 1; and by Ord. 2008-06, 11/19/2008, § 4]

Parking Lot Access. Parking lots in excess of 25 spaces shall be required to provide walkways between parking rows to provide safe pedestrian access.

Sidewalks. The Board of Supervisors shall determine the need for incorporating sidewalks into the design of a proposed development. The location, type and level or activity being proposed shall be taken into account.

School Bus Stops. School bus stops may be required by the Board of Supervisors. Such bus stops shall be located and designed to be in accordance with directives provided by the school district.

Connection Between Residential Subdivisions. The Board of Supervisors shall determine the need for providing pedestrian walkways to connect a proposed development to an existing or future residential or nonresidential development, subdivision, trail or Greenway Corridor. All pedestrian walkways shall be at least four feet six inches in width.

Connection Between Nonresidential Subdivisions/Land Development. The Board of Supervisors shall determine the need for vehicular cross-access and pedestrian walkways between nonresidential subdivisions and land developments.

§ 27-1607 Lighting Standards.

[Ord. 95-07, 12/14/1995, § 1506; as amended by Ord. 2002-08, 5/16/2002, § 1]

General Standards. The standards established in this section are designed to prevent dangerous or objectionable hazards or conditions that could be adverse to the health, safety and welfare of the residents of Franklin Township. These standards shall apply to all uses, conforming or nonconforming, within all districts of the Township, unless otherwise specified. Design of lighting fixtures shall conform to the following standards:

All lighting shall be effectively shielded and shall be arranged so as to protect the street and neighboring properties from direct glare, light trespass, or light radiation that may cause a safety problem or nuisance.

The light source shall be shielded so that its cutoff does not exceed an angle of 30° from vertical and is designed so that no direct rays shall fall on any neighboring property or street.

If lighting is specified in the design, short post lighting (three feet or less) should be incorporated into pedestrian walkways to reduce glare.

In no event shall the ambient lighting from all sources exceed 0.2 footcandle of incident light or glare at the property line of adjacent properties or upon vehicular traffic roadways.

No exterior lighting fixture shall be located within the first 80% of the property line setback, except for the purpose of illuminating pedestrian walkways or points of vehicular ingress/egress.

No exterior lighting fixture shall have any blinking, flashing or fluttering lights or other illuminating device that has a changing light intensity, brightness or color, except for temporary holiday lighting.

The applicant should provide a plan incorporating the levels of illumination proposed for the site and lighting fixture details to be approved by the Township Board of Supervisors.

The Board of Supervisors reserves the right to require street lighting in residential subdivisions based on the proposed density and street configuration. The Board of Supervisors shall determine whether the Township is to accept the lights at dedication or if they are to become the responsibility of the homeowners' association.

The Township Board of Supervisors shall have discretion on specifying street lighting at intersections with any collector or arterial street.

No lighting shall exceed 16 feet in height.

Lighting required to meet state or federal standards is exempt.

Lighting facilities, if specified in the design, shall be indicated on all plans and provide a value for illumination level within the following range of values:

Application	Range (footcandles)
Pedestrian walkways	0.2 to 0.4
Street intersections	0.2 to 0.4
Village district	0.2 to 0.6
Multiple-family common areas	0.6 to 0.8
Direct illuminated signs	0.6 to 0.8
Indirect illuminated signs	1.0 to 1.2
Recreational or industrial activity	1.0 to 1.2
Industrial parking lots	1.0 to 1.2
Commercial parking lots	1.2 to 1.5

Communication Towers. The nighttime lighting of a tower shall be prohibited unless required by the FAA.

Mobile Home Parks. In addition to all other requirements for electrical distribution systems and lighting, each mobile home park shall maintain adequate lighting at all times by automated lights at each site. The post lights shall be maintained in good working order at all times by the mobile home park operator. All pedestrian walkways, if specified as lighted in the design, shall be lighted with short (three feet or less) light posts to enhance safety, minimize light pollution and glare. All exterior lighting shall be controlled so that the source of the light shall not be visible beyond the boundaries of the mobile home park.

Off-Street Parking and Loading Facilities. Lighting fixtures within parking areas shall be located no further than 100 feet apart, and shall not exceed 16 feet in height. The luminaires shall have a cutoff angle of 30° or less. Lighting standards within parking areas and/or material storage and loading areas shall be operated by automated timing devices which, after hours of operation, shall eliminate or reduce the light level to be only within the area of the structure as deemed necessary for security purposes, in no case exceeding 1.0 Fc. Facilities operating for extended or 24 hours shall reduce the lighting standards at 9:00 p.m. standard local time not to exceed 1.0 Fc.

§ 27-1608 Performance Standards.

[Ord. 95-07, 12/14/1995, § 1507; as amended by Ord. 2008-04, 11/19/2008, § 1]

Applicability. The standards established in this section are designed to prevent dangerous or objectionable hazards or conditions which would be adverse to health, safety and welfare of the residents of Franklin Township. The standards apply to all uses in all districts in the Township.

Noise Control.

The sound level generated on a premises by an activity shall not exceed the standards established by this section. The operation of motor vehicles, farm operations, temporary activities involved in construction or demolition of structures and emergency alarm signals shall be excluded from this regulation. Sound levels shall be measured at the property lines housing the activity by a sound-level meter which conforms to specifications published by the American Standards Association.

Receiving Land Use Category	Time	Sound Level Limit (dBA)
Residential/industrial	7:00 a.m. to 9:00 p.m.	50
	9:00 p.m. to 7:00 a.m.	40
Plus Sundays and holidays
Commercial/industrial	7:00 a.m. to 9:00 p.m.	65
	9:00 p.m. to 7:00 a.m.	50
Industrial	At all times	70

For any source which emits a continual sound, the maximum sound level limits shall be reduced by 10 decibels. For any source which emits a pulsating sound repeating no more than once every 15 seconds, the maximum sound level shall not exceed ambient noise levels by more than 10 decibels.

Air Pollution Control.

No use shall be permitted to emit or produce the following:

Obnoxious, toxic or corrosive fumes or gases.

Odors perceptible at the property lines or downwind from the source of any odor, other than produced by farm operations.

Dust or other particulate matter not associated with farm operations, construction or demolition activities.

Unfiltered smoke and exhaust emissions.

Specific contaminants shall be regulated by the Pennsylvania Department of Environmental Protection, under Title 25, Pa. Code, Rules and Regulations.

Vibration. No vibration shall be produced which transmits through the ground and is detectable beyond the property line without the use of measuring instruments.

Heat and Glare. No direct or sky-reflected glare shall be visible from adjacent lots and public streets. There shall be no emission of heat capable of being detected 50 feet from any source.

§ 27-1609 Off-Street Loading Regulations.

[Ord. 95-07, 12/14/1995, § 1508]

Applicability. Any structure or use which requires the delivery or distribution of materials, supplies, merchandise, or other goods by truck shall be provided with a sufficient number of off-street loading berths, as prescribed in Subsection 2.

Size and Number of Required Berths.

Size.

For those structures or uses which are served by pickup trucks and vans for loading, the minimum size for each loading berth shall be 10 feet in width and 20 feet in length, with minimum vertical clearance of 12 feet.

For those structures or uses which are served by vehicles larger than those specified in Subsection 2A(1) above, the minimum size of each loading berth shall be 12 feet in width and 45 feet in length, with a minimum vertical clearance of 14 feet.

Semis or combinations or articulated vehicles 90 feet, vertical 16 feet.

Minimum Number of Berths. The minimum number of berths required is contingent upon the type of the structure or use and its size, in accordance with the following table:

Type of Structure or Use	Square Footage (square feet)	Minimum Number of Berths Required
Retail, personal services, industrial, warehousing, wholesaling, distribution, major appliance stores, car dealers	5,000 to 25,000	1
	25,001 to 50,000	2
	50,001 and over	3
Offices, banks, financial and professional services, medical clinics	5,000 to 40,000	1
	40,001 to 100,000	2
	100,001 and over	3
Hotels, motels, hospitals, nursing homes	10,000 to 100,000	1
	100,001 to 200,000	2
	200,001 and over	3
Mixed use, shopping centers and multitenant structures and uses		The sum of the required number of berths for the various uses computed separately

Design Standards.

Loading facilities shall be located on the same lot and adjacent to the principal structure or use.

An appropriate means of vehicular access shall be provided to an interior drive in a manner which will least interfere with traffic movement. Safe and convenient access shall be provided to the loading berths throughout the year.

Loading areas shall be designed so that they may be used without requiring a vehicle to back out into a street or interfere with the use of accessways, automobile parking facilities and pedestrian or bicycle paths.

An all-weather surface shall be provided for loading berths. Pavement shall consist of compacted macadam base no less than six inches thick and asphaltic concrete surfaces no less than two inches.

All loading berths shall be located in the side or rear yard area and outside of a public right-of-way.

Loading berths shall be located a minimum of 100 feet from any adjacent residence and no closer than 50 feet from any property line.

No loading berth or maneuvering area shall be used in the calculation of parking space requirements. Required off-street parking spaces cannot substitute for loading berths.

(8)

Joint loading facilities may be provided for mixed use developments, unified developments, shopping centers and multitenant buildings.

Modification of Required Loading Berths. The number of loading berths required in Subsection 2B may be reduced if evidence is submitted documenting that the proposed use requires fewer loading berths. The process shall be the same as that outlined in §§ 27-1610, Subsection 6A and B.

§ 27-1610 Off-Street Parking.

[Ord. 95-07, 12/14/1995, § 1509; as amended by Ord. 2008-04, 11/19/2008, § 1]

Purpose. The purpose of this section is to provide for off-street parking within Franklin Township to:

Ensure safe access and traffic circulation patterns for vehicles, pedestrians and bicycles.

Eliminate excess impervious coverage.

Enhance the appearance and drainage of impervious surfaces through landscaping requirements.

Size and Number of Required Parking Spaces.

Size. Each parking space shall be at least nine feet in width by 18 feet in length.

Number of Required Spaces.

Parking spaces shall be provided for each structure or use according to the table below. Requirements expressed in square footage refer to gross floor area (GFA) unless otherwise specified.

When the computation of required parking spaces results in a fractional space, any fraction of 1/2 or less may be disregarded. A fraction in excess of 1/2 space shall be counted as one parking space.

Residential Structures and Uses		Parking Requirements
Single-family		2 spaces per unit
Two-family		2 spaces per unit
Multiple-family
	Efficiency-studio	1 space per unit
	1 bedroom unit	1 1/2 spaces per unit
	2 or more bedrooms	2 spaces per unit
Accessory dwelling unit		1 space per unit
	Retirement community	1 space per unit and 1 space per patient beds

Commercial Structures or Uses	Parking Requirements
Department store	1 space per 250 square feet
Food store/pharmacies	1 space per 250 square feet
Convenience stores	1 space per 200 square feet
Gifts/apparel/hardware and other specialty stores	1 space per 250 square feet
Restaurant/cafes	1 space per 250 square feet
Fast food	1 space per 200 square feet
Gasoline service station	1/2 space per pump island
Automobile repair	2 space per service bay
Personal service establishment	1 space per 250 square feet
Greenhouse or nursery	1 1/2 spaces per 1,000 square feet
Automotive sales (for customers and employees)	1 1/2 spaces per 1,000 square feet
Farm equipment sales (for customers and employees)	1 1/2 spaces per 1,000 square feet
Car wash	1 1/2 spaces per 1,000 square feet
Vegetable/fruit stand	1 space per 250 square feet
Hotel/motel	1 space per room

Office Structures or Uses	Parking Requirements
Business/professional/ governmental/financial institution	1 space per 250 square feet
Medical/dental/veterinary clinic	1 space per 250 square feet

Recreational Structures or Uses	Parking Requirements
Golf course	2 spaces per tee
	Plus additional parking for ancillary uses as prescribed in this table
Driving range	1 space per tee
Health or recreational club	1 space per 250 square feet

Public/Community Facilities	Parking Requirements
Church theater or other place of public assembly	1 space for every 5 seats or 500 square feet of floor area, whichever is greater
Hospital/nursing home/convalescent center	1 space per 2 patient beds
Elementary school	1 space per 20 students
All other schools	1 space per 10 students and 1 space per 10 fixed seats in auditorium

Office Structures or Uses	Parking Requirements
Lumberyard	1 1/2 spaces per 1,000 square feet
Truck freight terminal	1 1/2 spaces per 1,000 square feet
Research, development and testing laboratories	1 spaces per 250 square feet
Wholesale sales/storage/distribution	1 1/2 spaces per 1,000 square feet
Industry	1 1/2 spaces per 1,000 square feet

Other Uses	Parking Requirements
Mixed use	The sum of the required parking spaces for the various uses computed separately
Secondary agriculture use	Parking area sufficient to accommodate customers, with a minimum of 2 spaces
Home occupation	1 space per employee plus 1 space for customers/clients
All other uses	1 space per 500 square feet

General Design Standards.

Single- and Two-Family Residences.

Off-street parking spaces shall have proper and safe access to a public street or an approved private street.

Slots available in driveways, carports and garages may satisfy parking requirements provided that sufficient space is available.

Off-street parking shall be located outside of a public right-of-way.

All Other Structures or Uses.

The regulations established under this section apply to all structures or uses other than single- and two-family residential.

Off-street parking spaces shall have proper and safe access to a public street or an approved private street.

Off-street parking shall be located outside of the public right-of-way.

Excluding agricultural and related uses, off-street parking spaces shall be paved with dust-proof, all-weather surface including pervious cover such as porous paving. Concrete lattice blocks or gravel may be substituted for reserve or overflow parking if approved by the Board of Supervisors.

Off-street parking spaces shall be reserved and used for vehicular parking only, with no sales, storage, repair work, dismantling or servicing of any kind other than in emergency situations.

For automotive and farm equipment sales, a parking lot, exclusive of vehicle storage areas, shall be provided for customers and employees.

For those structures and uses which offer drive-through service, a minimum of two spaces at least 20 feet in length shall be provided for each lane. One additional space per drive-up lane shall be provided for those waiting to get into line.

(8)

Handicap accessible parking shall be provided in accordance with the Federal Americans with Disabilities Act.

(9)

Signs within off-street parking areas shall be in compliance with Part 20 of this chapter.

(10)

Lighting for off-street parking areas shall be in compliance with § 27-1607.

(11)

Parking lots shall be landscaped in accordance with § 22-610 of Chapter 22, Subdivision and Land Development.

(12)

No parking shall occur on any public street or within any right-of-way of public street.

Supplemental Design Standards; Parking Lots over 25 Spaces.

Paving. The parking lot shall be designed such that the number of parking spaces shall be provided in the least amount of paved space.

Curbing. Parking lots shall be divided by permanent raised curbing and planting strips which help to define access lanes from parking bays.

Parking Aisle Dimensions.

Interior parking aisles which are designed to accommodate two-way traffic shall be at least 22 feet wide.

Interior parking aisles which are designed to accommodate one-way movements shall have the following minimum widths:

Angle of Space	Minimum Aisle Width (feet)
90°	20
75°	18
60°	18
45°	16

Circulation Pattern.

Parking lots shall be designed to allow vehicles leaving parking lots to exit onto roads and highways in a forward direction.

Parking lots shall be designed so that a vehicle within a parking lot will not have to enter a public street to move from one location to any other location within the parking lot.

Sufficient stacking space with a minimum length of 20 feet shall be provided for vehicles waiting to enter the parking lot.

Entrance and exits, fire lanes, parking stalls, aisles, drive-up service and interior drives shall be clearly designated to encourage proper traffic circulation.

Special use spaces such as employee parking, short term visitor parking, handicapped parking and pickup/drop-off zones shall be differentiated by suitable markings.

Aisle length shall not exceed 350 feet without a cross aisle for vehicle circulation.

Layout shall direct service vehicles outside the boundaries of principal parking areas and provide sufficient turning radii and vertical clearances.

Pedestrian Access.

The Township may require the installation of speed bumps, stop signs, pedestrian crosswalks, or other traffic control devices within parking lots where, due to parking and circulation design, high vehicle speeds may develop, thereby increasing vehicle/pedestrian conflicts.

Pedestrian walkways or sidewalks shall be provided where necessary for pedestrian safety. Such walkways and sidewalks shall be protected from vehicular encroachment by wheel stops, landscaping, or other acceptable methods.

Parking facilities and required pedestrian facilities shall be linked to any adjacent pedestrian circulation facilities.

Bicycle Access.

One bicycle parking space for each 20 vehicular parking spaces shall be provided in the lot. No more than 10 bicycle parking spaces shall be required in any one parking lot.

Bicycle parking should be located in an area of the parking lot which is highly visible and convenient to destination entrances.

Bicycle parking should not interfere with pedestrian traffic and should be protected from potential damage by other vehicle traffic.

Off-Site Parking. In the event a parking lot is to be located on a separate tract, the applicant shall provide:

The applicant must appear before the Planning Commission and present any plans, materials, or other information which proves that the parking requirements are excessive for his or her proposed use and that a plan is in place describing employee or customer/client trip reduction strategies, in accordance with the provisions of the 1990 Federal Clean Air Act and amendments and state programs created to implement the federal guidelines. The Planning Commission may recommend to the Zoning Hearing Board the parking space requirements be modified for the proposed use or development.

Based upon the recommendation of the Planning Commission, the Zoning Hearing Board may authorize a variance from the number of spaces required for the proposed use or development when based upon the findings of Subsection 5A above.

The applicant shall prove that adequate facilities will be provided. The Zoning Hearing Board shall not authorize a reduction in the number of parking spaces required in excess of 20%.

The Board shall require the applicant to design a "Parking Reserve Area" for the number of additional spaces that would satisfy the parking requirements of Subsection 2. In addition, the Board may require:

That the reserve area be shown on the land development plan as part of the required parking area.

That the reserve area be restricted from development other than for parking purposes.

That the additional parking spaces be constructed in accordance with this Part, where the Board determines that the spaces are necessary due to traffic congestion of parking overflow on the site.

That until such time parking spaces are constructed, the parking reserve area shall be landscaped.

Parking Spaces Existing at Time of Adoption. The number of off-street parking spaces shall not be altered except for the following:

Additional off-street parking spaces shall be provided whenever the use of an existing building is changed to a use requiring more parking spaces in accordance with Subsection 2. Additional parking spaces shall be constructed according to the requirements of this Part.

The number of off-street parking spaces may be reduced whenever the use of an existing building is changed to a use requiring fewer parking spaces, in accordance with Subsection 2. The area abandoned, however, shall be landscaped.

§ 27-1611 Open Space Design.

[Ord. 95-07, 12/14/1995, § 1510; as amended by Ord. 2001-07, 12/27/2001, § I; by Ord. 2002-01, 2/21/2002, § I; by Ord. 2003-04, 4/17/2003; and by Ord. 2008-04, 11/19/2008, § 1]

Intent. The legislative intent of this section is to create a residential development pattern that will:

Foster the protection of critical natural resources such as streams, floodplains, wet soils, designated wetlands, steep slopes, woodlands and wildlife habitat areas.

Preserve scenic vistas as viewed from public roads by concentrating development on the least visually prominent portions of parcels.

Require less impervious surface than conventional development by concentrating development in smaller areas, thus necessitating less road area and resulting in less stormwater runoff.

Reduce land development improvement costs and Township road maintenance costs.

Reduce environmental impacts associated with disturbance of protected areas and impervious coverage, such as erosion, sedimentation, pollutants in surface water runoff, and decreased groundwater recharge.

Encourage energy conservation in each new development.

Preserve open space and agricultural land by locating new residential units in close proximity to one another on a smaller portion of a parcel than would be the case with conventional development.

Qualifying Conditions. Minimum requirements for development of a site under this section include the following:

Residential use shall be a permitted use for the site.

The site shall be a minimum of 15 acres in area or capable of supporting at least 15 dwelling units per the requirements of this chapter. Sites of less than 15 acres may consider these provisions as an optional design approach.

Consist of either:

A single parcel of land.

Multiple contiguous parcels undivided by roadways, railroad rights-of-way, or other significant obstructions that effectively divide the site. In the case of multiple contiguous parcels, all applicable parcels shall be developed according to a single plan and with common authority and common responsibility. The Township may require evidence of an agreement between all owners of included parcels demonstrating binding commitment to common development of the parcels.

Permitted Uses. Only those uses that are permitted by right, conditional use, or special exception in the underlying district shall be permitted.

Gross Density Calculation.

The maximum number of units permitted shall be determined by the following chart:

District	Maximum Gross Density (dwelling units/gross acre of site)
AR	0.5
LDR	0.66
HDR	4.0
V	3.0
C	0.5
LI	0.5
SU	0.5

These densities shall be the maximum permitted for all sites meeting the requirements of Subsection 2, and are contingent upon the receipt of all relevant permits, as may be required by the Pennsylvania Department of Environmental Protection or any other applicable agency.

Net Density and Area Regulations.

Common Open Space.

In the HDR High-Density Residential District and V Village District, a minimum of 50% of the total tract area shall be designated on the plan as common open space and held in a tract or tracts separate from the development area. This common open space shall include a minimum of 10% of the total tract, which is classified as developable area and is free of pipeline and utility rights-of-way. Refer to "protected area" in § 27-202.

In all other districts, a minimum of 55% of the total tract area shall be designated on the plan as common open space and held in a tract or tracts separate from the development area. This common open space shall include a minimum of 10% of the total tract, which is classified as developable area and is free of pipeline and utility rights-of-way. Refer to "protected area" in § 27-202.

Development Area.

The area(s) of the tract that will not be designated as part of the common open space area shall be designated on the plan as development area(s). Development areas are all areas not designated as common open space and include, but are not limited to, building areas, yards, driveways, and roads.

Within a development area, single-family dwellings, two-family dwellings, townhouses, or multifamily dwellings may be arranged so as to provide for individual lots for each unit or may be arranged as rental units or condominiums. In either case, sufficient yard areas shall be set aside (see dimensional standards in Subsection 6B) and designated on the plan, so that, throughout the development, the following zoning district applicable net density multipliers apply:

For detached single-family dwellings, the maximum net residential density shall not exceed four units per acre in any development area in any development designated for single-family use.

For two-family dwellings, the maximum net residential density shall not exceed six dwelling units, (three two-family dwelling structures) per acre in any development area designated for two-family use.

For townhouses and multifamily dwellings, the maximum net residential density shall not exceed 11 dwelling units per acre in any development area designated for multifamily use.

For any development areas containing a mix of housing types, the maximum net density shall be calculated by using a weighted average of the net densities allowed for each type of housing proposed for inclusion in that area.

The Board of Supervisors, at their sole discretion, may modify maximum net densities within a development area if such modified net densities result in less disturbance of unique site features or environmentally sensitive areas or results in superior design and is consistent with the intent of this section. It shall be the burden of the applicant to demonstrate how such modified densities would meet these criteria.

Within any development area that is developed as rental or condominium units rather than in individual lots, the remaining area within the development area (that not containing structures, roads, driveways, etc.) shall be designated as local open space. Local open space shall remain separate from common open space, and its use shall be primarily for residents of the development area in which it is located. Uses within local open space areas shall be limited to yard area, landscape areas, walkways and accessory structures allowed by the underlying zoning. There shall be a minimum of 20 feet between all buildings within development areas and the outer edge of adjacent local open space.

Design Standards.

Site Design Principles. The location of common open space, dwellings, and site improvements shall be consistent with the requirements of Part 25, Natural Resource Protection. The following standards shall apply during the siting process:

Areas designated as common open space shall be configured so as to:

Protect the natural vistas and form of the existing tract of land.

Maximize conservation of site features identified as having particular conservation value, historical significance, scenic or recreational value including specimen trees, mature trees, woodlands, hedgerows, fence lines, historic sites or structures, historic or scenic roads or other transport traces, paths and trails, and other noted landscape features.

Serve as buffer areas between grouped dwellings of varying types and between grouped dwellings and adjacent tracts a minimum separation distance of 150 feet between grouped dwellings.

Provide a place that could be utilized by people in the form of a small park, green, garden, or other civic amenity.

To the greatest extent possible, natural resources protected through Part 25, Natural Resource Protection, shall be located within the common open space and protected in compliance with § 27-2504, Subsection 3B, Protected Resource Areas Held in Common.

(f)

Create Township-wide open space networks and trails through coordinated site planning with adjacent developments, consistent with the most recent Franklin Township Open Space, Recreation and Environmental Resource Plan, and the Franklin Township Comprehensive Plan (2006).

Dwellings and accessory buildings shall be configured so as to:

Be situated below ridgeline elevations to preserve existing vistas. To achieve this objective, dwellings and accessory buildings should be sited entirely below the elevation of the nearest ridgeline whenever possible. Where an applicant claims that dwellings or accessory buildings cannot be situated below the ridgeline, it shall be the burden of the applicant to demonstrate why not and how the proposed design created the minimum possible disturbance of views of the ridgeline per the requirements of Subsection 6B(2).

Be located outside of environmentally sensitive resources, including natural drainage swales.

Be located outside of broad, open vistas, particularly those adjacent to designated scenic roads.

Provide maximum views of and access to open space for residents of proposed dwellings.

Dimensional Standards.

The principal building on a lot shall be set back a minimum of 100 feet from the nearest original tract perimeter overall boundary line; except where existing natural features of the site, including, but not limited to, woodlands areas, changes in topography, hedgerows, or other site characteristics, result in the dwelling unit being completely visually screened from the adjacent property and guarantees are provided through the planning process that such features will remain undisturbed, this setback may be reduced to no less than 75 feet.

[Amended by Ord. 2015-02, 6/17/2015]

Building height shall be limited to three stories, not to exceed 35 feet. To the extent that any portion of a structure must be located above a ridgeline elevation, such siting shall be contingent upon the submission and approval by the Board of Supervisors of a plan for the mitigation of such ridgeline impacts. Such plans shall identify the locations and dimensions of the proposed structure(s), the architectural style proposed and shall demonstrate how the structure(s) shall be effectively screened from the adjacent tracts through screening and/or designed to minimize disruption of view of the ridgeline.

No more than five townhouse units shall be attached in a single structure or group of attached dwelling units.

No single structure or group of attached dwelling units shall be more than 150 feet in length in any direction.

In any single structure containing four or more dwelling units arranged in a linear manner, the facades of any two adjacent units shall be offset by at least four feet or as approved by the Board of Supervisors as based on review of architectural plans to avoid uniform facades.

Minimum Required Distance Between Buildings.

Between single-family dwellings, 30 feet.

Between two-family dwellings, 30 feet.

Between townhouse or multifamily dwellings, 40 feet.

Between unlike dwelling types, 30 feet.

All structures shall be set back at least 15 feet from the right-of-way of any internal access road.

(8)

All structures shall be set back at least 15 feet from the edge of any shared parking area except in the case of contiguous, adjacent driveways that lead to a garage or carport, for which no setback shall be required.

(9)

Where common open space is designated as separate, noncontiguous parcels, no single parcel shall consist of less than one acre in area. No single area or portion of an area designated as common open space shall be counted toward the minimum required open space wherever such area or portion of area is less than 150 feet in width, except in the case of a trail corridor or other linkage between two larger, noncontiguous, open space areas, which shall be a minimum of 25 feet in width, unless floodplain, steep slope or other conditions necessitate a wider trail corridor, and shall be subject to approval at the discretion of the Board of Supervisors.

(10)

Any parcel within an open space development, including any common open space parcel, that could qualify for further subdivision, shall be restricted from further subdivision or land development by deed restriction, conservation easement, or other agreement in a form acceptable to the Township and duly recorded in the office of the Recorder of Deeds of Chester County, Pennsylvania, and shall be noted on the face of the subdivision and/or land development plan.

(11)

At least 10% of the minimum required open space area, but not less than one acre, shall be usable for active recreational uses, such as playfields, and shall have a finished grade of less than 5% slope.

Other Applicable Standards.

As required by applicable sections of Part 16:

Storage.

Vehicular access and traffic standards.

Interior circulation.

Pedestrian access.

Lighting.

(f)

Residential off-street parking regulations.

Storm drainage, as required by Chapter 19, Stormwater Management.

Signs, as required by Part 20.

Natural resource protection, as required in Part 25.

Uses Allowed Within Common Open Space Areas.

Natural resource and conservation areas including, but not limited to, steep slopes areas, woodland, meadow, wetlands, stream, old fields, game preserve, etc.

Lawn, a grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and tidy appearance. Lawn shall only be allowed within those portions of the common open space that do not contain any protected areas, as defined in § 27-202.

Active or passive outdoor recreation area.

No more than 10% of the area of any stormwater management facilities or portions thereof that can be integrated into the natural environment, such as swales, retention facilities, etc.

Agriculture, subject to any ownership mechanism, procedures and limitations between the parties concerned, and subject to agricultural use standards.

Trails.

Common Open Space Ownership and Maintenance Standards.

Development Plan. The development plan submission shall include documents creating and governing a property owner's organization and containing the declaration of covenant, restrictions, easements, charges and liens deemed necessary to own and maintain the common open space area(s), local open space area(s) and any recreation areas within the open space development.

Ownership Options. Common open space shall be held under any one or more of the following forms upon receiving approval of the Board of Supervisors.

Homeowners' Association. The applicant may provide for the establishment of an organization for the ownership and maintenance of the common property and improvements. The organization shall consist of property owners within the open space development, each receiving an equal vote and responsibility.

Condominium. The open space as authorized herein may be controlled through the use of a condominium agreement. Such agreements shall be in conformance with the Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq., as amended. In such instance, all open space and improvements shall be held as a "common element."

Dedication of Easements. The Township may at any time accept easements for the public use of any portion or portions of the common open space. Such land shall be thereby accessible to the residents of the Township. In the event of a dedication of an easement, the Township shall enter into a maintenance agreement with the owners of the common open space. However, the Township is not obligated to accept any such easement.

Transfer of Easements to Private Conservation Organization. Easements on common open space may be transferred to a private, nonprofit organization involved in the conservation of natural resources upon approval by the Township. The conveyance of an easement shall contain appropriate provisions for the reversion to the Township at any time the property is not used pursuant to the intentions of this chapter. Prior to the transfer of an easement, a maintenance agreement shall be entered into between the Township, the organization holding ownership and the proposed conservation organization.

Fee Simple Dedication. Nothing herein is intended to prevent the dedication of all or part of the common open space to the Township for the use and maintenance by the Township for common open space. However, the Township is not obligated to accept any such dedication of property.

Lease Option. To encourage the retention of agricultural lands, the Township, homeowners' association, private conservation organizations, or the condominium agreement may permit all or portions of the open space lands to be leased to a farmer. Approval of the lease option shall be conditioned on appropriate agreements between the title holder and the farmer concerning permitted farming practices and use of land in the event farming practices cease.

Homeowners' Association Regulations. The formation of a homeowners' association shall comply with the Uniform Planned Communities Act of 1996, 68 Pa.C.S.A. § 5101 et seq., as amended, and shall be governed according to the following regulations:

The applicant shall provide a description of the organization, including its bylaws and methods of maintaining common open space and improvements.

The organization is established by the applicant and operated with financial subsidization by the applicant prior to the sale of any lots within the development.

Membership in the organization is mandatory for all purchasers of homes and their successors.

Controlling interest shall not be conveyed from the applicant to the homeowners' association prior to completion and sale of at least 75% of the total number of units.

The organization shall be responsible for meeting insurance and tax obligations on the common open space and improvements.

Rights and duties of the members of the association in the event of a breach of the covenants and restrictions shall be defined.

The bylaws shall include a statement which grants to the Township such power, but not the duty, to maintain the common open space and common facilities and to assess the cost of the same as provided within the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

Required Open Space Management Plan.

Any application for approval under this section shall contain a conceptual plan for the long-term management of open space which is to be created as part of the development. Such a plan shall include a narrative discussion of:

The manner in which this open space will be owned and by whom it will be managed and maintained.

The conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the restricted open space, including conservation plan(s) approved by the Chester County Conservation District, where applicable.

The professional and personnel resources that will be necessary in order to maintain and manage the property.

The nature of public or private access that is planned for the restricted open space.

The source of money that will be available for such management, preservation and maintenance on a perpetual basis.

In addition, the Board of Supervisors may require an escrow fund for open space maintenance be established until sufficient numbers of housing units are sold and the homeowners' association has collected sufficient funds for maintenance.

The conceptual management plan shall be transformed into a more detailed open space management plan and presented to the Township for review and approval with the final subdivision and land development plan. The Board of Supervisors shall require that the management plan be recorded, with the final subdivision and land development plans, in the Office of the Recorder of Deeds of Chester County. In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors. Approval of such application by the Board shall not be unreasonably withheld or delayed, so long as the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this Part and so long as the plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors.

Open Space Performance Bond. All landscape improvements, plantings, accessways and recreational facilities within designated open space areas shall be provided by the developer, as applicable. A performance bond or other securities shall be required to cover costs of all installation of proposed improvements in the open space area. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under § 22-412 of Chapter 22, Subdivision and Land Development. An appropriate portion of the performance bond or other security will be applied by the Township should the developer fail to install the required landscape improvements, accessways, plantings, or recreational facilities.

Delinquency of Maintenance.

In the event an organization or a condominium organization undertakes the responsibility of maintaining the common open space and improvements and fails to maintain the same in reasonable order and conditions in accordance with the development plan, the Township may serve written notice upon the organization or residents in the development setting forth the manner in which the organization has failed to properly maintain the common areas.

Notice shall demand that the deficiencies of maintenance be corrected within 30 days and shall establish the date and place of a hearing to be held on the delinquency. Such a hearing should take place within 14 days of the notice. Should the deficiencies set forth in the original notice or in the subsequent modifications fail to be corrected within the established 30 days, the Township, in order to preserve the taxable values of the affected properties, may enter the common open space and improvements and maintain them for a period of one year. Such efforts shall not constitute a taking of the property nor vest in the public any right to use the same. The cost of maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment. Such assessments shall be perfected by filing in the Office of the Prothonotary of Chester County, Pennsylvania.

§ 27-1612 Pipeline Setback.

[Ord. 95-07, 12/14/1995, § 1511; as amended by Ord. 2006-05, 10/18/2006, § 6]

All buildings serving as a residence, institutional use, or commercial establishment shall be set back a minimum of 100 feet from any pipeline right-of-way which transports a flammable or explosive material, either existing or proposed.

§ 27-1613 Driveways.

[Ord. 95-07, 12/14/1995, § 1512; as amended by Ord. 2008-04, 11/19/2008, § 1]

It is hereby declared to be in the public interest to regulate the location of driveways upon Township and state roads and the design, construction, maintenance and drainage of access driveways upon Township and state highways for the purpose of safety, economy of maintenance, preservation of proper drainage and safe and reasonable access.

From the effective date of this chapter, no person, corporation or entity shall grade, construct, install or erect a driveway or other means of ingress or egress upon a Township road or a state highway except upon receipt of a permit for grading, construction, installation and erection and in the instance of Township roads, a permit for location of the driveway.

The Township incorporates by reference the standards contained in Title 67, Chapter 441, of the Pennsylvania Code, as amended, insofar as it is consistent with this chapter.

Applications for driveway construction upon a state road shall be accompanied by all required approvals from the Pennsylvania Department of Transportation granting the applicant the right to locate a driveway upon the state highway. In granting a permit for driveway access on all Township roads, the location of the driveway relative to the standards established herein shall be considered.

The applicant for a driveway permit shall supply the following information:

The application shall include five sets of plans detailing the location and pertinent dimensions of both the proposed installation and the related installations and related highway features.

Applications shall be submitted 30 days prior to the anticipated start of work. All applications shall contain proof of ownership of the property upon which the driveway is to be constructed.

The permit fee shall hereafter be incorporated in the schedule of fees adopted by the Board of Supervisors of Franklin Township and published as the schedule of fees.

Following the issuance of the permit, all work performed must be inspected by the Township of Franklin. Upon completion of the work, notification in writing shall be submitted to the Township.

The responsibility for compliance with the terms of the permit cannot be assigned or transferred without first obtaining approval from Franklin Township.

Upon completion of the work authorized, the Township Board of Supervisors shall cause the work to be inspected and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by this permit. Where any settlement or defect in the work occurs, the applicant shall rectify such settlement or other defect within 60 days after written notice from the Township to do so. If the Board of Supervisors must proceed to correct such defects upon failure of the property owner to cause defects to be corrected, there shall be imposed upon the property owner the costs thereof.

10.

Driveways shall also be designed in accordance with Chapter 22, Subdivision and Land Development, § 22-714.

§ 27-1614 Agricultural/Residential Exemptions.

[Ord. 95-07, 12/14/1995, § 1513]

In order to allow for the interests of landowners yet promote the goals of this chapter, waiver of lot size and bulk regulations in all zoning use districts is applicable according to the following schedule. This schedule has been adopted to allow landowners flexibility in subdividing lots of not less than that which is allowed in accordance with the area and bulk standards of Part 4, by presenting to the Supervisors a plan showing the subdivision as follows:

Size of Parcel Before Waiver	Limitations
Greater than 10 acres	Maximum of 15% of original tract area at time of chapter adoption

The following additional limitations and requirements shall apply to the waiver of lot size and bulk regulations in only the SU, LI, C, and V Districts (whether existing or proposed):

No further subdivision pursuant to this section shall be permitted by the landowner, or their assigns or successors, whereby the lot shall be reduced to less than the applicable area and bulk requirements of the district wherein the parcel is located.

No building permit shall be approved for lots which do not have direct access to a public street.

Any such subdivision shall comply with the applicable district area and bulk regulations of the AR District.

Residential lots subdivided pursuant to this waiver shall be considered as a use by right. Other uses shall be governed by the appropriate district regulations of this chapter.

In order to promote long-term planning of the development of land under this spin-off provision under Subsection 1, landowners are encouraged to plan the development in its entirety, incorporating phases which will coincide with the permitted number of lots.

Any subsequent subdivisions after the initial spin-off subdivision shall be limited to a cumulative maximum of 50% of the developable area of the original tract.

§ 27-1615 Open Space Conservation Conventional Development.

[Ord. 95-07, 12/14/1995, § 1514; as added by Ord. 2006-02, 3/15/2006, § 5; and as amended by Ord. 2006-05, 10/18/2006, § 5]

Intent. The legislative intent of this section is to authorize conventional residential development that will preserve critical natural and scenic features, reduce environmental impacts and preserve open space and agricultural land to a degree equal to or greater than development under the open space design provisions of § 27-1611.

Qualifying Conditions. Minimum requirements for development of a site under this section include the following:

The site must have a minimum lot area of 30 acres.

The site must consist of either:

A single parcel of land.

Multiple contiguous parcels undivided by roadways, railroad rights-of-way or other significant obstructions that effectively divide the site. In the case of multiple contiguous parcels, all applicable parcels shall be developed according to a single plan with common authority and common responsibility. The Township shall require evidence of an agreement between all owners of included parcels demonstrating binding commitment to common development of the parcels.

Permitted Uses. Only those uses that are allowed or approved in the underlying district shall be permitted.

Gross Density Calculation. The maximum number of units permitted shall be one dwelling unit per 10 gross acres of site. This density shall be the maximum permitted for all sites meeting the requirements of Subsection 2 regardless of the density otherwise permitted or allowed in the underlying district.

Minimum Lot Area. A minimum lot area of 10 acres shall be required.

Open Space Preservation. The applicant shall demonstrate compliance with the open space conservation goals set forth in Subsection 1, as follows:

The site shall be restricted from further subdivision and development. The applicant shall be required to protect critical natural and scenic features and resources from further subdivision and development by one of the following means:

Conveyance of a perpetual conservation easement running with the land to a bona fide nonprofit conservation organization with perpetual existence established for that purpose, provided that the organization is acceptable to the Township; the conveyance contains appropriate provisions for proper transfer in the event that the organization becomes unable or unwilling to continue carrying out its functions; and an endowed maintenance agreement acceptable to the Township is reached.