[Ord. 2002-06, 11/11/2002, § 1801]
For the purposes of this chapter, the following provisions shall
apply to all districts and uses, as applicable.
[Ord. 2002-06, 11/11/2002, § 1802]
1.
Exception to Height Restrictions. Height regulations shall not apply to church steeples, barns, and silos for agricultural use, flagpoles, and public utility facilities. In no instance shall any of the aforementioned projects rise to a height greater than the distance between the base and the nearest property line. Foundations for any such tower shall be constructed in accordance with the Township Building Code [Chapter 5, Part 1] as adopted and amended by the Board of Supervisors, pertaining to wind load, footings, and foundation. Additional exceptions to height restrictions will be considered as a variance request to the Zoning Hearing Board.
2.
Exceptions to Lot Coverage Restrictions. Lot coverage regulations
shall not apply to structure used for the storage of animals or grain,
sheds, uncovered, unenclosed porches, patios and decks, or swimming
pools. However, these exceptions shall not apply when addressing stormwater
management regulations.
3.
Minimum Floor Area. No dwelling unit shall be constructed or set
up for residency if such unit contains less than 700 square feet of
floor area.
[Ord. 2002-06, 11/11/2002, § 1803; amended by Ord.
No. 2018-03, 7/24/2018]
1.
An arbor, open trellis, flagpole, uncovered steps and terraces, and
accessory buildings or structures, providing such a projection shall
be no closer than the setback required for accessory buildings or
structures in the district in which the lot is located, or as provided
below.
2.
The projection from a building that utilizes such building for support,
but is not enclosed or part of the living area of said building, may
not extend more than 15 feet into any required lot area, and within
no more than 10 feet of any lot line.
4.
Yard and open space requirements shall not apply to gutters, eaves,
or cornices, as long as encroachment is no more than three feet into
the required yard areas.
5.
Garden sheds with a maximum height of 10 feet and no more than 200
square feet in size, shall be permitted at a setback from side and
rear yard property lines of 10 feet. Such structures shall not be
placed on a permanent foundation, and shall not be permitted in the
front yard.
6.
Flagpoles are permitted within front and side yards, provided that
they are setback a distance equivalent to the height of the flagpole.
[Ord. 2002-06, 11/11/2002, § 1804; as amended by
Ord. 2005-08, 12/7/2005, § 1]
1.
Vehicular Access.
A.
Where the minimum lot width of a residential use is 50 feet at the
street line, the vehicular accessway shall be located 50 feet from
any intersection of a street, measured from the intersection of the
street lines.
B.
All other vehicular accessways to any public street shall be located
at least 100 feet from any intersection of a street, measured from
the intersection of the street lines.
2.
Where a lot is created between two parallel roads, access from both
roads shall be prohibited. In such cases, the double frontage lot
shall be designed as a reverse frontage lot. Access shall be provided
from the local road.
3.
No more than four lots shall access on the turnaround area of a cul-de-sac
street except in the case of townhouses in which case no more than
three buildings and nine associated driveways shall be permitted access
on the turnaround area of a cul-de-sac street.
4.
No residential unit with a drive will be permitted on arterial highways,
unless approved by the Board of Supervisors, Township Engineer, and
Pennsylvania Department of Transportation as being no threat to public
safety.
5.
No more than two residential units shall gain access from or share
a common driveway. Use of a common driveway by more than two residential
units shall be defined as a private road, and shall require the new
roadway to be constructed to standards as specified in this chapter.
6.
Provisions shall be made for safe and efficient ingress and egress
to and from public streets, without undue congestion or interference
with normal traffic flow within the Township. The developer shall
be responsible for all necessary traffic control devices, including
acceleration lanes, and all required traffic studies, as required
by the Pennsylvania Department of Transportation, or the Township.
7.
In cases where large volumes of traffic will be generated (such as
a shopping center, office building, church, or other use is planned),
buildings shall front on a marginal street or parking area and have
no more than two accessways to any single street. Determination of
qualifying volume will be based on a traffic study provided by the
developer and at the discretion of the Board of Supervisors and the
Township Engineer.
8.
Obstructions to Vision. Clear sight distance shall be maintained
for all vehicles as per the following criteria:
A.
On any lot, no wall, fence, or other obstruction shall be erected,
allowed, or maintained, and no hedge, tree, shrub, or other vegetation
shall be planted or exist which dangerously obscures the view of approaching
traffic along streets or at intersections.
B.
On a corner lot, nothing shall be erected, placed, or allowed to
grow which dangerously obscures the view within a clear sight triangle
defined by the following:
(1)
Above the height of 2 1/2 feet and below the height of
12 feet measured from the center-line grades of the intersecting streets.
(2)
Within the area bounded by the center line of intersecting streets
and a line joining points on these center lines 75 feet from an intersection
of center lines of such streets.
[Ord. 2002-06, 11/11/2002, § 1805]
1.
Design of Access Aisles and Drives.
A.
Interior drives shall be designed to prevent blockage of vehicles
entering or leaving the site and shall be clearly marked by signs,
curbing, or lines. Drives may be one-way or two-way. Access aisles
shall have a minimum width of 25 feet. Areas designed for loading
and unloading, refuse collection, fuel delivery and other service
vehicles, shall be separate and arranged so as to prevent blocking
or interfering with accessways, the use of automobile parking facilities
or pedestrian ways, and shall have adequate turn-around surface so
egress to the street is in a forward direction.
B.
Accessways, parking areas, and loading areas shall have clearly defined
parking bays and traffic circulation lanes designated by markings,
curbs, barriers, and/or landscaped islands, so that operators of vehicles
intending to patronize such parking areas shall not impede traffic
as a result of any confusion as to location of entrances and exits
and manner of reaching them.
C.
All interior drives and accessways shall be paved with an approved
all-weather surface, and shall be graded, properly drained and maintained
in good condition. Interior drives shall have a maximum grade of 4%,
measured along the center line, for a distance of not less than 25
feet from the street right-of-way line. Beyond that point, interior
roads and drives shall have a maximum grade of 6%.
D.
Driveways serving a residential use shall have a finished grade not
to exceed 10%. Driveways shall follow contours to avoid significant
grading.
E.
Common or shared access driveways to parking and loading areas are
permitted and encouraged, provided landowners submit a site plan and
agreement indicating the extent of joint use and maintenance responsibilities.
F.
Convenient and logical walkway connections for pedestrians shall
be provided between the entrances of a principal building and its
required parking spaces. Maximum separation of pedestrian and vehicular
routes shall be encouraged for pedestrian safety.
2.
Fire Lane Easements.
A.
No multifamily residential or institutional building shall be located
more than 150 feet from a duly dedicated, improved, or accessible
fire land easement, as defined herein, nor more than 600 feet from
a duly dedicated, accessible and improved public or private street.
Fire lane easements shall be located adjacent to commercial or industrial
building(s).
B.
Fire lane easements shall have a minimum obstructed right-of-way
width of 40 feet, and there shall be constructed within this right-of-way
an all-weather and well-drained surfaced cartway with a minimum width
of 20 feet. The extension of fire lane easements shall begin from
one or more existing and improved public streets.
C.
Fire lane easements which curve, turn, or change direction shall
have a minimum radius of 55 feet over the paved surface. Fire lane
easements containing reverse curves shall have a minimum center-line
tangent length of 50 feet between curves.
D.
Dead-end fire lane easements shall not exceed 400 feet in length
and shall be terminated with an unobstructed vehicular turnaround
or cul-de-sac with a minimum surface radius of 35 feet.
[Ord. 2002-06, 11/11/2002, § 1806; as amended by
Ord. 2005-08, 12/7/2005, §§ 2 and 3; and by Ord. 2007-06,
10/30/2007, § 8]
1.
No building or structure shall hereafter be constructed, enlarged,
or modified and no use or activity shall be conducted or expanded
unless provision is made on the same or adjacent lot for off-street
parking facilities, either within a structure or in the open, and
with proper and safe access from a street, to adequately serve the
uses within the district, according to the provisions of this section.
A.
Location.
(1)
In no case shall any portion of a public or private street be
utilized in complying with the parking requirements of this section.
(2)
All parking spaces shall be on the same lot as the principal
buildings, except when permitted by the Board of Supervisors.
(3)
In the Multi-use and Office Industrial Districts, no parking,
loading, or service area shall be located less 20 feet from the street
line. In the Village Commercial District, no parking, loading, or
service area shall be located within the required front yard areas
(i.e., between street right-of-way and building setback line).
(4)
For residential dwellings, the spaces shall be within 100 feet
of the dwelling unit they serve.
(5)
The maximum number of accessways permitted per street frontage
shall be as follows:
|
Type of Street Frontage
|
Maximum Number of Accessways
|
|---|---|
|
Street frontages less than 300 feet in length
|
1
|
|
Street frontages equal to or greater than 300 feet
|
2
|
(6)
No accessway shall be located within 20 feet of a property line,
or 100 feet of an intersection.
(7)
Handicapped parking shall comply with the requirements and standards
of the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12101
et seq.
B.
Residential Requirements. Dwelling units in residential and nonresidential
zoning districts shall have a minimum of two off-street parking spaces
per dwelling unit, in addition to any parking utilizing a garage or
carport. Driveways utilized for single-family, two-family, or townhouses
dwellings may be used to satisfy this requirement.
C.
Commercial and Industrial Requirements. One off-street parking space
shall be required for each full-time employee working the largest
shift. In addition, one space shall be provided for each company vehicle
stored on the premises. The number of additional required spaces shall
be determined by applying the following formula to the appropriate
contemplated use:
|
Commercial Uses, Industrial Uses and Service
|
Minimum Number of Parking Spaces
|
|---|---|
|
Manufacturing
|
2.5 spaces/1,000 S.F. GFA*, or 2 spaces minimum
|
|
Warehouse, distribution facilities, truck terminals
|
1 space/5,000 S.F. GFA
|
|
Laboratory and research facilities
|
2 spaces/1,000 S.F. GFA
|
|
Eatery and drinking places, without drive-through service
|
1 space/35 S.F. GFA plus 1 space/employee
|
|
Convenience store (in addition to gas station requirements,
where applicable)
|
5 spaces/1,000 S.F. GFA
|
|
Gasoline station (in addition to service station requirements
and convenience store requirements, where applicable)
|
1 space/pump island plus 2 stacking spaces/pump island
|
|
Service station/repair facility/auto body repair
|
4 spaces/garage bay
|
|
Laundromat
|
1 space/washing machine
|
|
Personal service establishment
|
3.5 spaces/1,000 S.F. GFA
|
|
Wholesale sale or storage
|
1 space/1,000 S.F. GFA
|
|
Gift and antique shops
|
1 space/ 300 S.F. GFA
|
|
Department and variety stores
|
3.5 spaces/1,000 S.F. GFA
|
|
Food stores and pharmacies
|
5 spaces/1,000 S.F. GFA
|
|
Professional, administrative, general offices (non-consumer
oriented)
|
3 spaces/1,000 S.F. GFA
|
|
Medical offices and clinics, including veterinary offices and
animal hospitals
|
4 spaces/doctor
|
|
Banks and financial institutions
|
4 spaces/1,000 GFA
|
|
Retail store/service/shop not covered elsewhere
|
4.5 spaces/1,000 GFA
|
|
Institutional and Park Uses
| |
|
Church or theater (not including classrooms or other facilities
provided on-site)
|
1 space/2 seats, 25% may be in reserve lot
|
|
Hospitals, nursing homes, and other such institutions
|
1 space/5 patient beds
|
|
Elementary school and middle school
|
1 space/classroom plus 2 spaces/1,000 S.F. devoted to administrative
use
|
|
High school
|
1 space/classroom plus 2 spaces/1,000 S.F. devoted to administrative
use, plus (0.75 x max. building capacity)
|
|
Public safety training facility
|
1 space/1,000 S.F. GFA
|
|
Retirement community
|
2 spaces/unit
|
|
Assisted care living facility
|
1 space/3 patient beds
|
|
Day care center
|
3 spaces/1,000 S.F. GFA, plus 10 stacking spaces
|
|
Recreation
| |
|
Driving range
|
1 space/1 tee
|
|
Golf club
|
4 spaces/1 tee plus 50% of requirements for ancillary uses,
if applicable
|
|
Private country club, hunt club
|
1 space/5 members at capacity
|
|
All other uses
|
1 space/250 S.F. GFA
|
|
Throughout this section, "S.F." shall be interpreted as "square feet" and "GFA" shall be interpreted as "gross floor area," as defined in Part 2.
|
D.
Size and Design of Parking Spaces.
(1)
Parking spaces shall be reasonably level, sloping not more than
5% in any direction, but providing for positive drainage with a slope
of at least 1%. A rectangular block of the following dimensions shall
be provided for all off-street parking spaces, regardless of pull-in
angle, and shall not be occupied by, nor intruded upon by light standards
or their foundations, landscape elements, pedestrian walkways, driveways,
passageways, or any other feature which results in a reduced area
available for occupation by a vehicle.
(2)
Parking spaces shall have the dimensions of 10 feet wide by
20 feet long, exclusive of passageways, driveways, or other means
of circulation access. Not more than two feet of the parking space
may overhang the outer perimeter boundaries of the parking lot, so
long as such overhang does not intrude into an adjacent right-of-way
or pedestrian walkway, and for those parking spaces only, the area
directly below the overhang need not be paved, although the balance
of said space must be paved. All such perimeter parking spaces shall
be equipped with curbing.
(3)
Parking areas shall be designed to permit each motor vehicle
to proceed to and from the parking space without requiring the moving
of any other motor vehicle.
(4)
In no case shall parking areas be designed to require or encourage
vehicles to back into a public street in order to leave a lot except
for driveways servicing residential dwellings and parking areas devoted
to guest parking for residential dwellings, provided it is shown that
it is designed to avoid traffic and pedestrian conflicts.
E.
Traffic Lane and Driveway Dimensions.
(1)
Lanes designed for circulation of motor vehicles within the
parking area shall have a minimum width, as required below:
|
Angle of Parking (degrees)
|
Lane Width
| |
|---|---|---|
|
One-way (feet)
|
Two-way (feet)
| |
|
90
|
21
|
24
|
|
60
|
18
|
22
|
|
45
|
16
|
20
|
(2)
Access drives, unless shared between properties, shall be at
least five feet from any lot line.
(3)
Driveways providing access to the parking area from the street
shall be of adequate length to accommodate off-street stacking of
vehicles waiting to enter the parking area. The stacking area shall
accommodate at least one vehicle, plus one vehicle for every 50 spaces
provided in the parking area, for up to 20 stacking spaces.
(4)
Off-street parking areas shall have separate, marked lanes of
ingress egress. For parking areas with access solely onto a local
access road and providing 10 or fewer off-street parking spaces, a
single lane for both ingress and egress is adequate.
[Ord. 2002-06, 11/11/2002, § 1807]
1.
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, there shall
be provided a sufficient number of off-street loading and unloading
berths for the intended use, in accordance with the following minimum
requirements.
A.
Location.
(1)
All loading and unloading areas shall be located on the same
lot as the use to be served, and no portion of the vehicle shall project
into any traffic lane. No loading area for vehicles of more than four-ton
capacity shall be located closer than 100 feet from any R-1, R-2,
or R-3 District. No permitted or required loading area shall be located
within 100 feet of a property line.
B.
Size. Off-street loading and unloading areas shall be at least 15
feet wide, 16 feet vertical clearance, 60 feet deep, and shall have
an adequate maneuvering option.
C.
Space allotted for off-street loading and unloading shall not be
used to satisfy requirements for off-street parking; likewise, required
off-street parking areas shall not satisfy off-street loading requirements
and may not be used for loading unloading during business hours.
D.
All off-street loading facilities shall be paved with an all-weather
surface.
[Ord. 2002-06, 11/11/2002, § 1808]
1.
Purpose. These regulations are intended to:
A.
Preserve existing natural vegetation and the incorporation of native
plants, plant communities, and ecosystems into landscape design, where
possible.
B.
Foster aesthetically pleasing development that will protect and preserve
the appearance and character of the community.
C.
Increase the compatibility of development with both adjacent development
and the natural environment.
D.
Eradicate or control certain exotic plant species that have become
nuisances because of their tendency to damage public and private works,
to have a negative effect upon public health, or to disrupt or destroy
native ecosystems.
E.
Promote innovative approaches to the design, installation, and maintenance
of landscaping.
2.
Applicability. These requirements shall apply to all public, private,
and institutional development, with the following exceptions:
A.
Previously approved development.
B.
Development of a single-family detached dwelling or single two-family
dwelling structure on a lot of record.
|
In all cases, any portion of a site which is not used for buildings,
structures, loading, and parking spaces and aisles, sidewalks, or
other impervious surfaces shall be planted and maintained with all-season
ground cover approved by the Board of Supervisors. A replacement program
for nonsurviving plantings shall be established.
|
3.
General Requirements of Master Landscape Plan. Where required, a
master landscape plan shall conform to the following requirements:
A.
A master landscape plan is required for each lot within the proposed
development. Each landscape plan shall be prepared by a landscape
architect registered in Pennsylvania and approved by the Township
Board of Supervisors.
B.
All master landscape plans shall show the entire site to scale and
shall contain the following information:
(1)
The location and dimensions of all existing and proposed structures,
parking lots, and drives, roadways and rights-of-way, sidewalks, bicycle
paths, ground signs, refuse disposal areas, bicycle parking areas,
freestanding electrical equipment, recreation facilities, utility
lines and easements, freestanding structural features, and other landscaping
improvements, such as earth berms, walls, fences, screens, sculptures,
fountains, street furniture, lights, and courts or paved areas.
(2)
All proposed plantings as required within buffer areas in the
form of a buffer planting area, and in other landscaped areas which
relate to, complement, screen, or accentuate buildings, roads, parking
areas, sidewalks, walkways, sitting areas, service or maintenance
structures, courtyards, and other site features.
(3)
The location, size, and common name of existing trees and individual
shrubs, areas of dense trees or shrubs, and other natural features,
indicating which are to be preserved and which are to be removed.
(4)
The location, quantity, size, and name, both botanical and common,
of all proposed planting materials.
(5)
The approximate location and generic identification of existing
structures and plant materials within the yard of adjoining properties.
(6)
Existing and proposed grading of the site, including proposed
berming, including details indicating specific grading measures or
other protective devices where trees are to be preserved in areas
of cut and fill.
(7)
Specification of the type and boundaries of all proposed vegetative
ground cover.
(8)
Design of fences and other significant accessory structures.
(9)
The location of barriers to be placed at or beyond the drip
line of trees to be preserved, and the type of material to be used
for the barrier.
(10)
Planting and installation details necessary to ensure conformance
with all required standards.
C.
The master landscape plan shall include notes, diagrams, sketches,
or other depictions to present the consideration and analysis of the
following:
(1)
An analysis of the site in terms of the existing views to and
from the areas that are proposed for development, existing topography
and vegetation conditions.
(2)
An analysis of proposed planting and other landscaping needs,
as related to screening views of buildings, screening buildings and
sections of buildings, screening parking areas and other areas where
vehicles are parked, screening storage areas, and screening site utilities.
(3)
A shadow analysis detailing the impacts of landscaping and screening
on the site and adjacent sites at the winter solstice.
4.
Conservation of Existing Vegetation and Natural Features. All master landscape plans shall be designed in conformance with the provisions of Part 14, "Natural Resource Protection Standards," and with § 27-630 of the Township Subdivision and Land Development Ordinance [Chapter 22]. Applicants shall make all reasonable efforts to harmonize their plans with the conservation of existing vegetation and natural features. Care shall be exercised to protect remaining vegetation from damage during construction, in accordance with the procedures set forth in the Township Subdivision and Land Development Ordinance [Chapter 22].
5.
Minimum Planting Standards. All required landscaping shall meet the
minimum planting standards, criteria for selection of plant material,
and design standards of this section.
A.
The total number of plantings required shall be no less than the
total calculated from all columns in the following table and shall
be in addition to any required replacement plantings due to woodland
disturbance. The total number of required plantings may be dispersed
throughout the tract to meet the objectives of this section. Additional
plantings may be provided.
|
Improvements/ Conditions
|
Deciduous Trees
|
Evergreen Trees
|
Shrubs
|
|---|---|---|---|
|
Per 1,000 square feet gross building area, ground floor only
(building "footprint")
|
2
|
1
|
8
|
|
Per 2,000 square feet off-street parking or loading areas, excluding
driveways less than 18 feet wide
|
1
|
1
|
4
|
|
Per 100 linear feet of new and existing public or private road
frontage, measured on both sides where applicable
|
2
|
1
|
5
|
|
Per 100 linear feet of existing tract boundary, where not coincident
with existing or proposed road frontage
|
1
|
2
|
8
|
B.
Where applicant can demonstrate to the satisfaction of the Board
that existing vegetation, structural and/or topographic conditions
located within 100 feet of existing tract boundaries or within 100
feet of the cartway of existing or new roadway segments will conceal,
on a year-round basis, adjacent development from view from such tract
boundary or roadway segments, the linear footage of such tract boundary
or roadway segments may be excluded from calculation of required plantings
as above.
C.
Where calculation of the minimum number of plantings required as
above results in fractions of plants required, the minimum number
of plants required shall be rounded up to the nearest whole number.
D.
Planting used to comply with the minimum number of plantings required
as above shall be:
(1)
Deciduous trees: three inch caliper minimum; at the discretion
of the Board, this may be substituted by trees of at least 1 1/2
inch caliper at a ratio of three trees for each one tree otherwise
required.
(2)
Evergreen trees: eight feet in height minimum; at the discretion
of the Board, this may be substituted by trees of at four feet in
height at the ratio of three trees for each one tree otherwise required.
(3)
Shrubs-24 to 30 inches in height minimum.
|
Plantings and their measurement shall conform to the standards
of the publications "American or U.S.A. Standard for Nursery Stock,"
ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen,
as amended. All plant material used on the site shall have been grown
within the same USDA hardiness zone as the site, shall be free of
disease, and shall be nursery grown, unless it is determined by the
Township that the transplanting of trees partially fulfills the requirements
of this section. At the discretion of the Board, planting required
as above may be waived or reduced if applicant can demonstrate to
the satisfaction of the Board that retaining existing plant material
or other means of landscaping substantially achieves the objectives
of this section.
|
6.
Screening and Bufferyard Landscaping Requirements. Except for individual
lots existing at the time of adoption of this section and occupied
or intended to be occupied by single-family or two-family dwellings,
the requirements of this section shall apply to all other public,
private, or institutional development.
A.
Screening shall comply with the following requirements:
(1)
The portion of the tract that abuts a use or district intended
to be screened shall be provided with a planting strip at a minimum
of 20 feet, which will act as an effective screen separating uses.
The planting strip may be included in private yard space.
(2)
Vegetative screening shall include a variety of evergreen and
deciduous species which are indigenous to the area, so as to provide
a year-round visual buffer, but shall include no more than 60% evergreens.
(3)
Vegetative screening shall incorporate earthen mounds, wherever
possible, to improve sound, as well as visual buffering, and shall
be broken at points of vehicular or pedestrian access.
(4)
Plant materials used in the screen plantings shall be at least
six feet in height when planted and be of a species which will produce,
within three years, a complete visual screen of at least eight feet
in height.
(5)
Vegetative screening shall have a minimum depth of 20 feet and
have no plant closer than five feet to any property line. In no case
shall a screen interfere with motorist visibility.
(6)
All existing trees within the required planting strip above
three inches in caliper and/or eight feet in height shall be preserved
wherever possible.
(7)
Screening design, including the type of plant materials to be
used, spacing of plant materials and the use and location of earthen
berms, shall be subject to the review and approval of the Board of
Supervisors upon the recommendation of the Planning Commission.
(8)
Vegetative screens shall be perpetually maintained during the
period the principal use causing the need or screening is in operation.
Any plant material which does not survive shall be replaced within
the timely growing season, but no later than six months from time
of failure.
(9)
In no case shall a screen interfere with motorist visibility
or required sight distances.
(10)
Where the Township agrees that an eventual screen (in three
to five years) is acceptable in lieu of an immediate screen (to buffer
future development, for example), evergreen plantings shall be at
least four feet in height, substituted at a ratio of three to one
as provide above, and planted at intervals of three to five feet on
center.
B.
Perimeter Buffer.
(1)
Except as provided in § 27-1808, Subsection 6B(2), below, the entire perimeter of any tract undergoing development shall be provided with a minimum planting strip buffer width of 20 feet which will act as an effective screen separating uses. The planting strip may be included in private yard space or common open space or a combination thereof, and shall be designed and installed in compliance with the requirements of this section.
(2)
The Board of Supervisors may reduce the perimeter buffer requirements
in the following situations:
(a)
Where parking, access drives, or other land development is permitted
within 20 feet of the property line.
(b)
Where any tract abuts similar uses such that the Board agrees
that screening is not necessary.
(c)
Where the applicant can demonstrate to the satisfaction of the
Board that existing vegetation, structural, and/or topographic conditions
will conceal, on a year-round basis, development from view from adjacent
tracts.
(3)
Plantings shall be installed and maintained in the buffer areas
to form a continuous visual buffer. In addition to ground covers and
evergreen shrubs, the buffer planting strip shall be comprised of
evergreen trees which are a minimum of eight feet in height at the
time of planting and shall be spaced in two alternating rows on ten-foot
centers. The combined evergreen shrub and tree plantings shall constitute
a continuous visual screen at the time of occupancy of any buildings,
and/or at the time of initiation of any use. In the event such plantings
do not alone provide a continuous visual buffer, the plantings shall
be placed upon a berm at a height from three to five feet to increase
their effectiveness.
C.
Any part or portion of a lot or tract which is not occupied by buildings
nor used for loading and parking spaces and aisles, sidewalks, and
designated storage areas shall be left in its undisturbed state or
shall be landscaped according to an overall landscape plan, prepared
and approved as part of the development plan. A replacement program
for nonsurviving plants shall be included.
7.
Parking Lot Landscaping. All off-street parking areas, except those
intended solely for use by individual single-family residences, shall
be landscaped with trees and shrubs of varying species, in accordance
with the following:
A.
Off-street parking areas shall be landscaped to reduce wind and air
turbulence, heat and noise, and the glare of automobile lights; to
reduce the level of carbon dioxide; to provide shade; to ameliorate
stormwater drainage problems; to replenish the groundwater table;
to provide for a more attractive setting; to protect the character
and stability of residential, business, institutional, and industrial
areas; and to conserve the value of land and buildings on surrounding
properties and neighborhoods.
B.
A minimum of 10% of any parking area of 10 or more spaces shall be
landscaped. Plantings along the perimeter of a parking area, as defined
below, may be included in this requirement.
C.
The interior of each parking lot shall have one three-inch caliper
deciduous shade tree for every five parking spaces, if there are no
existing shade trees to satisfy this requirement. Shrubs and other
plant materials are encouraged to be used to complement the trees,
but shall not be the sole contribution to the landscaping. These trees
shall be in addition to those required as an effective screen. Trees
selected for landscaping in parking areas shall be species that are
salt and dust resistant.
D.
Planting areas shall be reasonably dispersed throughout the parking
lot, except where there are more than 20 parking spaces, in which
case the following shall apply:
(1)
Landscaped areas at least 10 feet wide shall be provided around
the periphery of parking areas. Such areas shall, at a minimum, extend
the full length and width of the parking areas, except for necessary
access ways, to prevent the encroachment of moving vehicles into parking
areas.
(2)
Landscaped islands at least 10 feet wide shall be provided between
each set of two parking bays.
(3)
Landscaped islands between every 12 parking spaces or at the
end of each parking row, whichever is less, shall be provided and
shall be the length of the parking spaces in the row and at least
10 spaces in width. The Board of Supervisors may require raised islands,
if deemed appropriate.
E.
Parking lots which do not conform to the criteria listed above shall
be planted with the same ratio of trees to parking spaces as conventional
parking lots but these may be planted in more varied configurations.
F.
Planting areas shall be placed so as to facilitate snow removal and
to provide for safe movement of traffic without interference of proper
surface water drainage and to not restrict visibility. Planting areas
shall be elevated above the parking lot surface or bordered appropriately
to prevent erosion or damage from automobiles. Bollards may be used
to afford protection of trees from vehicular movement.
G.
All parking lots shall be designed to provide for safe, reasonable
pedestrian access. Parking lots with more than 50 parking spaces shall
include pedestrian walkways. Pedestrian walkways may be located along
or through landscaped islands or other landscaped areas adjacent to
the parking lot.
8.
Front Yard Landscaping. Plantings shall be provided in association
with each principal building, in accordance with the following criteria:
A.
A combination of evergreen and deciduous trees and shrubs shall be
used in reasonably close proximity to the facades.
B.
At least one 2 1/2-inch caliper specimen tree of 12 to 14 feet
in height at the time of planting, and one eight to ten-foot specimen
evergreen tree shall be planted for every 50 feet of length of building
facade. These specimen trees shall be clustered or grouped to provide
a pleasing, natural effect and existing trees to be retained may be
utilized to satisfy this requirement.
C.
Five evergreen and/or deciduous shrubs shall be planted for every
20 feet of length of building facade.
D.
Trees and shrubs shall be grouped to achieve individual design parameters
and comply with minimum distance relationships as specified by a licensed
professional landscape architect.
E.
Street Trees. Any development proposing the creation of a public
road(s), or intended for development along as existing public road,
shall provide shade trees along its entire length. The design of such
plantings shall be as follows:
(1)
All shade trees shall be a minimum of 14 feet in height from
a good nursery stock when planted. Species selected shall be indigenous
to the area and shall have deep root systems and high branching habits.
(2)
Shade trees shall be selected and planted so that, at maturity,
they will provide adequate shade during the summer along the public
road.
(3)
Shade trees shall be planted between the cartway edge and the
right-of-way line, as long as clear sight distances at intersections
and utility and drainage easements are not obstructed. Existing trees
with a caliper of six inches or more and located between the cartway
and right-of-way line shall be preserved wherever possible and used
in the shade tree calculations.
(4)
Street trees shall be planted no less than 25 feet and no more
than 60 feet on center along each side of the street. Distance measurement
shall average 40 feet on center along each side. Planting distances
shall be based on the characteristics of the shade tree species selected,
and as determined by the Street Tree Manual, published by Pennsylvania
State University.
9.
General Landscaping Design Standards.
A.
All mechanical equipment not enclosed in a structure shall be fully
and completely screened from view from any point in a manner compatible
with the architectural and landscaping style of the remainder of the
lot. Such screening shall be subject to site plan and architectural
review by the Township.
B.
Water towers, storage tanks, processing equipment, fans, skylights,
cooling towers, vents and other structures or equipment which rise
above the crest of the roofline shall be architecturally compatible
or effectively shielded from view from any public or private dedicated
street by an architecturally sound method which shall be approved,
in writing, by the Township before construction or erection of said
structures or equipment.
C.
The minimum number or plantings shall be determined in accordance
with Subsection 5A above. Additional plantings may be provided to
further the purposes of this section. Plantings provided in excess
of the minimum required need not comply with the dimensional standards
herein. Use of linear measurements for purposes of calculation is
not intended to specify linear arrangement of plantings. Groupings
of planting are encouraged in lieu of linear arrangement, consistent
with the provisions of this section.
D.
Planting of trees and shrubs and other landscape improvements (e.g.,
berms, fencing) shall be conducted as necessary to mitigate adverse
visual or other impacts, which arise from the development of a site.
Such impacts include impacts on the subject property, adjoining properties,
and the Township in general.
E.
Plantings and other landscape improvements shall be provided in arrangements
and locations in response to specific site conditions and which best
mitigate impacts of the applicants proposed site disturbance actions.
The amount, density, and types of plantings in any given location
shall be based upon physiographic features, feasibility of using native
species, proximity to existing dwellings, compatibility of adjacent
uses, nature of views into and across the subject site, and in consideration
of privacy of neighboring residential development.
F.
Planting areas shall be selected and designed to reflect natural
landscape characteristics existing prior to site disturbance, as well
as those environmental conditions to be created following site disturbance
by the applicant.
G.
The locations, dimensions, and spacing of required plantings shall
be adequate for their property growth and maintenance, taking into
account the sizes of such plantings at maturity and their present
and future environmental requirements, such as moisture and sunlight.
In selecting locations for shade trees, consideration also should
be given to aesthetic qualities of the site and to the protection
of solar access. In selecting the layout for landscape buffers or
the location and mix of required plantings, consideration shall be
given to the natural topography of the setting and the texture, coloration,
and compatibility of different plant species; it is strongly encouraged
that improved landscapes be designed in such a manner as to be creative
and attractive while maintaining the integrity of the natural landscape
within which such work is proposed.
H.
Plantings shall be limited and carefully selected for locations where
they may be disturbed or contribute to conditions hazardous to public
safety. Examples of such locations include but shall not be limited
to the edges of parking areas; public street rights-of-way; underground
and above-ground utilities; and sight triangle areas required fro
unobstructed views at street intersections. No trees shall be planted
closer than 15 feet from fire hydrants, street lights, or stop signs.
I.
Other plantings, including trees, shrubs and ground covers, shall
be provided along walkways, in courtyards, around sitting areas, at
the entrance to the site and in other highly visible locations, especially
on the outer side of any internal access roads which are visible from
a public street which may adjoin a tract, at the entrance to buildings,
and around structures used for service, storage, or maintenance purposes.
J.
Shrubs and trees shall not be placed closer than five feet from any
property line or 10 feet from any public right-of-way.
K.
Trees of species whose roots are known to cause damage to public
roadways or other public works shall not be planted closer than 20
feet to such public works.
L.
The location, type, size, height, and other characteristics of landscaping
shall be subject to review by the Planning Commission and approval
of the Township Board of Supervisors.
10.
Minimum Standards for the Quality and Maintenance of Plant Material.
A.
All plants shall conform to the standards for nursery stock of the
American Association of Nurserymen.
B.
Trees and shrubs shall be typical of their species and variety, have
normal growth habits, be well developed and have densely foliated
branches and vigorous, fibrous root systems.
C.
Trees and shrubs shall be free from defects and injuries and certified
by appropriate federal and state authorities to be free from diseases
and insect infestations.
D.
Trees and shrubs shall be freshly dug and nursery grown. They shall
have been grown under climatic conditions similar to those in the
locality of the project or properly acclimated to the conditions of
the locality of the project.
E.
All landscaping shall be guaranteed for 18 months through a financial
maintenance bond. Such maintenance bond shall be set at 15% of the
original escrow total for the landscaping materials. The eighteen-month
time period of the warranted guarantee shall commence on the data
when all landscaping is completely installed for a development or
the completed phase of a development.
11.
Table of Recommended Plant Materials. Tables listing recommended
plant materials for specific applications are incorporated by reference
as Appendix 27-1801-1.
[Ord. 2002-06, 11/11/2002, § 1809]
1.
Purpose and Applicability.
A.
Purpose. The purpose of these lighting regulations is to require
and set minimum standards for outdoor lighting to:
(1)
Provide outdoor lighting in a manner consistent with the East
Fallowfield Township Comprehensive Plan (1999) goal of retaining rural,
natural and scenic character and protecting the health, safety, and
welfare of current and future residents.
(2)
Protect drivers and pedestrians from the glare of nonvehicular
light sources that shine into their eyes and thereby impair safe travel.
(3)
Protect neighbors and the night sky from the nuisance glare
and stray light from poorly aimed, place, applied, maintained, or
shielded light sources.
(4)
Provide adequate lighting in outdoor public places where public
health, safety, and welfare are potential concerns.
B.
Applicability.
(1)
Lighting facilities shall be required for loading, ingress,
and egress and parking areas for multiple-family, commercial, industrial,
and institutional uses. The Board of Supervisors may require lighting
to be incorporated for other uses or locations, where warranted. All
lighting systems must be serviced by an underground wiring scheme.
Outdoor lighting shall be required for safety and personal security
in area of public assembly and traverse.
(2)
The lighting standards and requirements herein contained apply
to lighting of commercial, industrial, public recreational, and institutional
uses, as well as, but not limited to, sign, architectural, landscaping,
and residential lighting.
(3)
In addition to new lighting installations, these requirements shall apply to existing lighting fixtures or installations that are to be replaced, modified, or relocated; that have been abandoned; or when there is a change or expansion of use. (See also Subsection 8, "Nonconforming Lighting.")
(4)
Proposed lighting regulated by this chapter shall be reviewed
and approved by the Board of Supervisors or Zoning Officer, as applicable,
prior to its installation.
2.
Design.
A.
Illumination Levels. Lighting, where required by this chapter, shall
have intensities and uniformity ratios in accordance with the recommended
practices of the Illuminating Engineering Society of North America
(IESNA) as contained in the most current edition of the IESNA Lighting
Handbook, including, but not limited to the following:
|
Use/Task
|
Maintained Footcandles
|
Uniformity Average: Minimum
| |
|---|---|---|---|
|
Streets, local residential
|
0.4 Avg.
|
6:1
| |
|
Streets, local commercial
|
0.9 Avg.
|
6:1
| |
|
Parking, residential, multifamily
| |||
|
Low vehicular/ pedestrian activity
|
0.2 Min.
|
4:1
| |
|
Medium vehicular/ pedestrian activity
|
0.6 Min.
|
4:1
| |
|
Parking, Industrial/ commercial/ institutional/ municipal
| |||
|
High activity, e.g., regional shopping centers/fast food facilities,
major athletic/ civic/ cultural/ recreational events
|
0.9 Min.
|
4:1
| |
|
Medium activity, e.g., community shopping centers, office parks,
hospitals, commuter lots, cultural/ civic/ recreational events
|
0.6 Min.
|
4:1
| |
|
Low activity, e.g., neighborhood shopping, industrial employee
parking, schools, church parking
|
0.2 Min.
|
4:1
| |
|
Sidewalks, walkways, and bikeways
|
0.5 Avg.
|
5:1
| |
|
Building entrances, commercial, industrial, institutional
|
5.0 Avg.
|
n/a
| |
|
NOTES
|
|
* Illumination levels are maintained horizontal footcandles
on the task, e.g., pavement or area surface.
|
|
* Uniformity ratios dictate that average illuminance values
shall not exceed minimum values by more than the product of the minimum
value and the specified ratio (e.g., for commercial parking, high
activity, the average footcandles shall not be in excess of 3.6 (0.9
x 4)).
|
B.
Lighting standards in parking areas shall not be located farther
than 100 feet apart.
C.
Lighting Fixture Design. The following factors shall be considered
when choosing the appropriate lighting fixture design:
(1)
Fixtures shall be of a type and design appropriate to the lighting
application.
(2)
For lighting horizontal tasks such as roadways, pathways, and
parking areas, fixtures shall meet IESNA "full cutoff" criteria (no
light output emitted above 90° at any lateral angle around the
fixture and no more than 10% light output above 80°).
(3)
The use of floodlighting, spotlighting, wall-mounted fixtures,
decorative globes, and other fixtures not meeting IESNA "full cutoff"
criteria shall be permitted only with the approval of the Board of
Supervisors, based upon acceptable glare control and their consistency
with the character of the surrounding area.
(4)
Fixtures shall be equipped with or be capable of being modified
to incorporate light directing, shielding devices, or both, such as
shields, visors, or hoods when necessary to redirect offending light
distribution or reduce direct or reflected glare.
(5)
For residential applications, omnidirectional fixtures (e.g.,
post top, wall bracket, wall pack, globe, and sphere) shall meet IESNA
"full-cutoff" criteria.
(6)
NEMA-head fixtures (a.k.a. "barn lights" or "dusk-to-dawn lights")
shall not be permitted where they are visible from other uses, unless
fitted with a reflector to render then full cutoff.
D.
Control of Glare.
(1)
All outdoor lighting, whether or not required by this chapter,
on private, residential, commercial, industrial, municipal, recreational,
or institutional property, shall be aimed, located, designed, fitted,
and maintained so as not to present a hazard to drivers or pedestrians
by impairing their ability to safely traverse the lighted area (i.e.,
disabling glare) and so as not to create a nuisance by projecting
or reflecting objectionable light onto a neighboring use or property
(i.e., nuisance glare).
(2)
Floodlights and spotlights shall be so installed and aimed so
that they do not project their output into the windows of neighboring
residences, adjacent uses, directly skyward or onto a roadway.
(3)
Unless otherwise permitted by the Township (e.g., for safety,
security, or all-night operations), lighting shall be controlled by
automatic switching devices such as time clocks or combination motion
detectors and photocells, to permit extinguishing offending sources
between 11:00 p.m. and dawn to mitigate nuisance glare and skylighting
consequences.
(4)
All nonessential lighting, including display, aesthetic, parking,
and sign lighting, shall be required to be turned off or reduced by
75% after business hours or 11:00 p.m., whichever is earlier, leaving
only the necessary lighting for site security. Lighting proposed to
remain on after 11:00 p.m. for a specific safety purpose shall be
approved by the Township.
(5)
Vegetation screens shall not serve as the primary means for
controlling glare. Glare control shall be achieved primarily through
the use of such means as cutoff fixtures, shields, and baffles, and
appropriate application of fixture mounting height, wattage, aiming
angle and fixture placement.
(6)
The intensity of illumination projected onto a residential use
from another property shall not exceed 0.1 vertical footcandle, measured
line-of-sight at the property line.
(7)
Externally illuminated signs and billboards shall be lighted
by fixtures mounted at the top of the sign and aimed downward. Such
fixtures shall be automatically extinguished between the hours of
11:00 p.m. and dawn, except as specifically approved by the Township
to illuminate necessary directional information.
(8)
Directional fixtures used for architectural lighting (e.g.,
facade, fountain, feature and landscape lighting), shall be aimed
so as not to project their output beyond the objects intended to be
illuminated and shall be extinguished between the hours of 11:00 p.m.
and dawn.
(9)
Light output for flagpole lighting shall not cumulatively exceed
10,000 lumens.
(10)
Service station canopy lighting shall be accomplished using
flat-lens full-cutoff downlighting fixtures, shielded in such a manner
that the edge of the fixture shield shall be level with or below the
light source envelope.
(11)
The use of white strobe lighting for tall structures such as
smokestacks, chimneys, and communications towers is prohibited, except
as otherwise required under Federal Aviation Administration regulations.
E.
Installation. Where required by this chapter, the following installation
provisions shall apply:
(1)
The applicant shall install, or cause to be installed, all lighting
fixtures. Fixtures shall be at the expense of the applicant, and shall
be in accordance with a utility plan prepared by the applicant and
approved by the Board of Supervisors and the appropriate utility company.
(2)
The applicant shall be responsible for all costs involved in
the lighting of streets and street intersections from the date the
first dwelling is occupied until the date the streets are accepted
for dedication.
(3)
For new installations, electrical feeds for fixtures mounted
on poles shall be run underground.
(4)
Poles supporting lighting fixtures for the illumination of parking
areas shall be placed a minimum of five feet outside the paved area
or on concrete pedestals at least 30 inches high above the pavement,
or suitably protected from potential vehicular impact by other approved
means.
(5)
Except as otherwise permitted in Subsection 3 for recreational lighting, the following height requirements shall apply to proposed lighting fixtures. Fixtures meeting IESNA "full cutoff" criteria shall not be mounted in excess of 20 feet above grade. Fixtures not meeting IESNA "full cutoff" criteria shall not be mounted in excess of 16 feet above grade except as specifically approved by the Township. Artificial elevation of the grade at the base of the light fixture shall be prohibited.
F.
Maintenance. Lighting fixtures and ancillary equipment shall be maintained
so as to continuously meet the requirements of this chapter.
3.
Standards for Recreational Lighting.
A.
When facilities for such outdoor recreational activities as baseball,
softball, soccer, tennis, football, and miniature golf courses are
proposed for operation during hours of darkness, they shall be subject
to approval as a special exception. In addition, such lighting shall
be subject to the following requirements:
(1)
Lighting shall be accomplished only through the use of "cutoff"
fixtures or as otherwise approved by the Township.
(2)
Except as otherwise permitted by the Board of Supervisors, sporting
events shall be timed so that all area lighting in the sports facility
is extinguished by 10:00 p.m., regardless of such occurrences as extra
innings or overtimes.
(3)
Golf driving ranges and golf courses shall not be artificially
lit and shall not be permitted to operate in the Township during hours
of darkness.
B.
The foregoing outdoor recreational activities shall not be lighted
if they are located within 1,000 feet of an existing adjoining residential
use.
C.
Mounting Heights. Maximum mounting heights for outdoor recreational
lighting shall be in accordance with the following:
|
Sport
|
Maximum Mounting Height
| |
|---|---|---|
|
Basketball
|
20 feet
| |
|
Football and other field sports
|
50 feet
| |
|
Organized baseball and softball*
| ||
|
200 foot radius
|
60 feet
| |
|
300 foot radius
|
70 feet
| |
|
Miniature golf
|
20 feet
| |
|
Tennis
|
30 feet
| |
|
* Minimum mounting heights in accordance with league regulations
shall prevail.
| ||
4.
Standards for Residential Lighting. Lighting facilities on individual
single-family and other residential lots to illuminate private walkways,
driveways, parking areas, patios, tennis courts, swimming pools, or
other areas shall be permitted under the following conditions:
A.
In no case shall the level of illumination be more than 0.8 footcandle.
B.
No lighting shall be permitted which shines directly into adjacent
properties or any public right-of-way.
C.
Where possible, indirect lighting and short post lighting along walkways
or driveways should be incorporated to reduce glare.
5.
Plan Submission.
A.
Lighting plans shall be submitted to the Township for review and
approval with applications for conditional use or special exceptions,
preliminary or final subdivision or land development plans, or variance
applications. In addition, the Zoning Officer may require the submission
of a lighting plan with any building permit application for other
than single-family residential use. The required lighting plans shall
include the following information:
(1)
A site plan containing a layout of the proposed fixture locations
by location and type. The site plan shall also include, as applicable,
structures, parking spaces, building entrances, traffic areas (both
vehicular and pedestrian), vegetation that might interfere with lighting,
and adjacent uses that might be adversely impacted by the lighting.
(2)
Iso-footcandle plots for individual fixture installations and
ten foot by ten foot illuminance-grid plots for multi-fixture installations,
which demonstrate compliance with the intensity and uniformity requirements
set forth in this chapter.
(3)
Description of the proposed equipment, including fixture catalog
cuts, photometrics, glare reduction devices, lamps, control devices,
mounting heights, pole foundation details, and mounting methods proposed.
Specific information to be provided includes the following:
B.
When requested by the Township, the applicant shall submit a visual
impact plan that demonstrates appropriate steps have been taken to
mitigate on-site and off-site glare.
C.
Post-approval alterations to lighting plans or intended substitutions
for approved lighting equipment shall be submitted to the Township
for review and approval.
D.
When necessary, the Township may retain the services of a qualified
lighting engineer to review proposed lighting plans.
6.
Post Installation Inspection. The Township reserves the right to
conduct a post-installation nighttime inspection to verify compliance
with the requirements of this chapter, and if appropriate, to require
remedial action at no expense to the Township.
7.
Compliance Monitoring.
A.
Safety Hazards.
(1)
If the Township judges a lighting installation creates a safety
or personal-security hazard, the person(s) responsible for the lighting
shall be notified and required to take remedial action.
B.
Nuisance Glare and Inadequate Illumination Levels.
(1)
When the Zoning Officer or qualified lighting engineer retained
by the Township judges an installation to produce unacceptable levels
of nuisance glare, skyward light, excessive or insufficient illumination
levels or otherwise varies from this chapter, the Township may cause
notification of the person(s) responsible for the lighting and require
appropriate remedial action.
8.
Nonconforming Lighting. Any lighting fixture or lighting installation
existing on the effective date of this chapter that does not conform
with the requirements of this chapter, shall be considered as a lawful
nonconformance. Unless a minor corrective action is deemed by the
Township to be an acceptable alternative, a nonconforming lighting
fixture or lighting installation shall be made to conform with the
requirements of this chapter when:
9.
Street Lighting Dedication.
A.
When street lighting is to be dedicated to the Township, the applicant
shall be responsible for all costs involved in the lighting of streets
and street intersections until the street is accepted for dedication.
B.
Prior to dedication and in the event of the formation of a homeowners
association and/or property management declaration, the Township shall
require said agency to enter into an agreement guaranteeing payment
of all costs associated with dedicated street lighting.
[Ord. 2002-06, 11/11/2002, § 1810]
1.
In no case shall any use, structure, or alteration result in any
dangerous condition, hazard, or condition adverse to the health, safety,
and welfare of the residents of East Fallowfield Township.
A.
Noise. The sound level generated on any premises other than during
demolition and construction activities shall not exceed the standards
contained herein. Table 1 contains the maximum sound-pressure levels
of noise allowed between 9:00 p.m. and 7:00 a.m. All measurements
will be made with a sound level meter and an octave band analyzer
that are in conformance with American Standards Association specifications.
Measurements will be made from the lot lines of the lot in question.
|
Table 27-1810-1
| ||
|---|---|---|
|
Maximum Level of Sound (in dBA) Permissible at Property Line of Stated Receiving Land Use
| ||
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
|
|
Residential, public space, open space, agricultural or institutional
|
7:00 a.m. — 9:00 p.m.
|
55 dBA
|
|
9:00 p.m. — 7:00 a.m.
|
50 dBA
| |
|
Commercial or business
|
7:00 a.m. — 9:00 p.m.
|
65 dBA
|
|
9:00 p.m. — 7:00 a.m.
|
60 dBA
| |
|
Industrial
|
7:00 a.m. — 9:00 p.m.
|
70 dBA
|
|
9:00 p.m. — 7:00 a.m.
|
60 dBA
| |
|
Weekends
|
60 dBA
| |
(1)
For any source of continuous sound which emits a pure or continuous
tone, the maximum sound level limits set forth in the above table
shall be reduced by 5 dBA. For any source of sound which emits an
impulsive sound (a sound of short duration, with an abrupt onset and
rapid decay and an occurrence of not more than one time in any 15-second
interval), the excursions of sound pressure level shall not exceed
20 dBA over the ambient sound level, regardless of time of day or
night on the receiving land use.
(2)
In no case shall impulsive sounds exceed the continuous sound
level limits established in this section between the hours of 9:00
p.m. and 7:00 a.m.
(3)
The maximum permissible sound levels by the receiving land use
category, as listed in the previous table, shall not apply to the
following noise sources:
(a)
The emission of sound for the purpose of alerting persons to
the existence of an emergency.
(b)
Emergency work to provide electricity, water, or other public
utilities when public health or safety is involved.
(c)
Normal and legally permitted residential activities customarily
associated with residential use.
(d)
Domestic power tools.
(e)
Explosives and construction operations.
(f)
Agriculture.
(g)
Motor vehicle operations on public streets. (Such noise shall
be regulated by Pennsylvania Department of Transportation regulations
governing established sound levels.)
(h)
Public celebrations, specifically authorized by the Township.
(i)
Surface carriers engaged in commerce by railroad.
B.
Air Quality.
(1)
There shall be no emission of smoke, ash, dust, fumes, vapors,
gases, or other matter toxic or noxious to air which violates the
Pennsylvania Air Pollution Control Laws, including the standards set
forth in the Standards for Contaminants, 25 Pa. Code § 123.1
et seq., and the Ambient Air Quality Standards, 25 Pa. Code § 131.1
et seq., and the Pennsylvania Department of Environmental Protection,
rules and regulations, as amended, 25 Pa. Code, Chapters 121-145.
(2)
Visible air contaminants shall not be emitted in such a manner
that the opacity of the emissions is equal or greater than 20% for
a period or periods aggregating more than 3 minutes in any 1 hour,
or equal to or greater than 60% in any one time and shall comply with
the Pennsylvania Department of Environmental Protection, rules and
regulations, as amended.
(3)
No user shall operate or maintain or be permitted to operate
or maintain any equipment, installation, or device which by reason
of its operation or maintenance, will discharge contaminants to the
air in excess of the limits prescribed herein unless he shall install
and maintain in conjunction therewith such control as will prevent
the emission into the open air of any air contaminant in a quantity
that will violate any provision of this chapter.
C.
Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible at or at any point beyond the lot lines
without the aid of instruments. Vibrations shall not be produced which
surpass 0.002g peak measured at or beyond the lot line, using either
seismic or electronic vibration measuring equipment. Roadwork involving
compacting of base material shall be exempt from these restrictions.
D.
Fire and Explosive Hazards.
(1)
All activities and storage of flammable and explosive material at any point shall be provided with adequate safety devices and firefighting and fire suppression equipment and devices, as defined by the Township Building and Fire Codes [Chapter 5], as adopted by the Board of Supervisors.
(2)
All buildings and structures and activities within such buildings and structures shall conform to the Township Building Code [Chapter 5], and other applicable Township codes and ordinances. Any explosive material shall conform to the regulations of the Pennsylvania Department of Environmental Protection, rules and regulations, as amended, for storing, handling, and use of explosives.
E.
Electrical and Electromagnetic Interference. No use shall result
in electrical or electromagnetic disturbances affecting the operation
of any equipment other than that of the creator of the disturbance.
F.
Heat and Glare. No direct or sky-reflected glare shall be created that is visible from ground level at the lot line. This provisions shall not apply to signs or street lights or other illuminating devices otherwise in compliance with § 27-1809 of this chapter. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.
[Ord. 2002-06, 11/11/2002, § 1811]
1.
No fence, hedge, or wall erected or installed outside of the building
envelope shall be erected, installed, or extended vertically or horizontally,
except in strict compliance with the following:
A.
A building permit shall be required prior to the construction, reconstruction,
or enlargement of any fence or wall in excess of six feet in height
at any point outside of the building envelope. Engineering calculations
shall be submitted with the permit application.
B.
No fence or wall erected in any district other than the MU Mixed
Use or O-I Office Industrial Districts shall exceed 10 feet in height
at any point outside the building envelope.
C.
No fence or wall erected in any district other than the MU Mixed
Use or O-I Office Industrial Districts shall exceed eight feet in
height at any point outside the building envelope.
D.
No fence, hedge, or wall shall be erected or installed where, by
reason of its height, location, materials, or construction, it obstructs
any mandated clear sight triangle or impairs safe sight distance at
any intersection of public streets, private streets, or driveways.
E.
Fences or walls shall not be located in drainage easements or drainage
swales that are part of an approved stormwater management plan. Where
the foregoing provisions conflict with landscaping, buffer area, planting,
or screening requirements, the Zoning Officer shall resolve the differences.
F.
All fences and walls shall be continuously maintained in good order
and repair.
G.
Lawful nonconforming fences and walls may be maintained, but not
extended or modified in location or height at any point.
[Ord. 2002-06, 11/11/2002, § 1812]
1.
Purpose. It is the intent of this section to ensure adequate planning
for, and adequate operation and maintenance on an on-going basis of,
common or community open space, recreation facilities, sewage facilities,
central water supply facilities, stormwater management facilities,
common parking areas and driveways, private streets, or any other
common or community facilities (hereinafter referred to as common
facilities).
2.
Ownership of Restricted Open Space and Facilities. Any of the following
methods may be used, either individually or in combination, to preserve,
own, and maintain common facilities: condominium, homeowners association,
dedication in fee simple, easements, and transfer to a private conservation
organization. Such land or facilities shall not be eligible for transfer
to another party except for transfer to another method of ownership
permitted under this section, and then only where there is no change
in the common facilities. The following specific requirements are
associated with each of the various methods:
A.
Condominium. Common facilities shall be controlled through the use
of condominium agreements. Such agreements shall be in conformance
with the Uniform Condominium Act of 1980, as amended, 68 Pa.C.S.A.
§ 3101 et seq. All of the above described land and facilities
shall be held as "common element."
B.
Fee Simple Dedication. The Township, or other public agency acceptable
to the Township, may, but shall not be required to, accept any portion
or portions of the common facilities. The Township shall have the
right to accept at any time and from time to time the dedication of
land or any interest therein for public use and maintenance provided:
(1)
Any common facilities so dedicated are accessible to the residents
of the Township.
(2)
There is no cost of acquisition (other than any costs incidental
to the transfer of ownership, such as title insurance).
(3)
The Township, or other public agency acceptable to the Township,
agrees to and has access to maintain such common facilities.
C.
Dedication of Easements. The Township may, but shall not be required
to, accept easements for public use of any portion or portions of
the common facilities, title of which is to remain in ownership by
the developer, or by the condominium or homeowners association, provided:
(1)
Any common facilities so dedicated are accessible to the residents
of the Township.
(2)
There is no cost of easement acquisition (other than any costs
incidental to the transfer of ownership, such as title insurance).
(3)
A satisfactory maintenance agreement is reached between the
owner and the Township.
D.
Transfer of Easements to a Private Conservation Organization. With
permission of the Township, any owner may transfer easements on open
space lands to a private, nonprofit organization, among whose purposes
is to conserve open space land and/or natural resources, provided
that:
(1)
The organization is acceptable to the Township, and is a bona
fide conservation organization with perpetual existence.
(2)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to carrying out its functions.
E.
Homeowners Association. The common facilities shall be held in common
ownership by a homeowners association. This method shall be subject
to all of the provisions for homeowners associations set forth herein
and in § 705(f) of the Municipalities Planning Code, 53
P.S. § 10705(f). In addition, if a homeowners association
is formed, it shall be governed according to the following regulations:
(1)
The owner or applicant proposing to establish a homeowners association
shall provide to the Township a description of the organization, including
its by-laws and documents governing maintenance requirements and use
restrictions for common facilities.
(2)
The organization shall be established by the owner or applicant
and shall be operating (with financial subsidization by the owner
or applicant, if necessary) before the sale of any dwelling units
within the development.
(3)
Membership in the organization is mandatory for all purchasers
of dwelling units therein and their successors.
(4)
The organization shall be responsible for maintenance of and
insurance on common facilities.
(5)
The organization shall be responsible for applicable real estate
taxes on common facilities only where the following preferred alternative
is not utilized. The owner or applicant for any tract proposed to
contain any common facilities shall arrange with the County Board
of Assessment a method of assessment of the common facilities which
will allocate to each tax parcel in the development a share of the
total assessment for such common facilities. Where this alternative
is to be utilized, the method of allocation shall be approved by the
Board of Supervisors.
(6)
The members of the organization shall share equitably the costs
of maintaining, insuring, and operating common facilities, and of
developing additional common facilities, if any, in accordance with
the procedures established by them.
(7)
In the event of any proposed transfer of common facilities by
the homeowners association or of the assumption of maintenance of
common facilities by the Township as hereinafter provided, notice
of such action shall be given to all members of the homeowners association
by said association.
(8)
The organization shall have or hire adequate staff, as necessary,
to administer, maintain, and operate common facilities.
3.
Maintenance and Operation of Common Facilities.
A.
The applicant for any development proposed to contain common facilities
shall, where applicable, provide to the Township, at the time of preliminary
plan submission, a plan for maintenance and operation of common facilities.
Said plan shall:
B.
In the event that the organization established to own and maintain
common facilities or any successor organization shall at any time
after establishment of the aforesaid common facilities, or the use
attendant thereto fail to maintain all or any portion of the aforesaid
in reasonable order and condition in accordance with the development
plan and all applicable laws, rules, and regulations, the Township
may serve written notice upon such organization, upon the residents
and owners of the uses relating thereto, setting forth the manner
in which the organization has failed to maintain the aforesaid common
facilities in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 30
days thereof, and shall state the date and place of a hearing thereon
which shall be held within 14 days of the notice. At such hearing
the Township may modify the terms of the original notice as to the
deficiencies and may give an extension of time within which said deficiencies
shall be corrected. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be corrected within
the said 30 days or any extension thereof, the Township, in order
to preserve the taxable values of the premises and to prevent the
common facilities from becoming a public nuisance, may enter upon
the same and maintain the same for a period of one year. Said entry
and maintenance shall not constitute a taking of said common facilities
and shall not vest in the public any rights to use the common facilities
except when the same is voluntarily dedicated to the public by the
residents and owners and such dedication is acceptable to the Township.
Before the expiration of said year, the Township shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of said common facilities, call a public hearing upon
notice to said organization, or to the residents and owners of the
dwelling units attendant thereto, at which hearing such organization
or the residents and owners of the aforesaid dwelling units shall
show cause why such maintenance by the Township shall not, at the
election of the Township, continue for a succeeding year. If the Township
shall determine that such organization is ready and able to maintain
said common facilities in a reasonable condition, the Township shall
cease to maintain said common facilities. If the aforesaid are not
ready and able to maintain said common facilities in a reasonable
condition, the Township may, in its discretion, continue to maintain
said common facilities during the next succeeding year and subject
to a similar hearing and determination in such year thereafter. The
decision of the Township in any such case shall constitute a final
administrative decision subject to judicial review.
C.
The cost of such maintenance and enforcement proceedings by the Township
shall be assessed ratably, in accordance with tax assessments, against
the properties that have the right of enjoyment of the common facilities
and shall become a lien on said properties. The Township, at the time
of entering upon such common facilities for the purpose of maintenance,
shall file a notice of such lien in the office of the Prothonotary
of the County, upon the properties affected by such lien.
[Ord. 2002-06, 11/11/2002, § 1813]
1.
Top soil or sod may be removed from a site only under the following
conditions:
A.
In connection with the construction, alterations, or grading of a street, building, or parking lot, provided the least amount of disturbance occurs, and that stabilization is achieved to control soil erosion and sedimentation as controlled by the Township Subdivision and Land Development Ordinance [Chapter 22] and provided a building permit has been issued.
B.
In connection with lawn and incidental landscaping activities.
C.
In connection with agricultural pursuits, provided that areas where
top soil is removed shall be reseeded and stabilized with an appropriate
native ground cover within six months. A stable ground cover must
be established prior to the end of the then-current growing season.
[Ord. 2002-06, 11/11/2002, § 1814]
1.
Purpose. It is the intent of this section to insure that, where required,
adequate analysis of site features results in design that to the greatest
degree feasible preserves and incorporates open space, historic, visual,
and other community resources within development plans.
2.
Applicability.
A.
An environmental impact assessment (EIA) shall be submitted by the
applicant under the following circumstances:
4.
Analysis of Site Features. The applicant shall submit to the Township
a narrative description with site drawing, including a color rendering,
of the following:
B.
Visual analysis including the following:
(1)
Scope and character of views into the tract from outside the
tract, from public roads and from private properties, in relationship
to identified site features.
(2)
Scope and character of views within the tract, in relationship
to identified site features.
(3)
Scope and character of external views from within the tract.
5.
Identification of Community Services and Facilities. The applicant
shall provide a narrative description and identify on plan map(s),
as applicable, all existing or proposed public or community services
and facilities that might reasonably be expected to serve the development
as proposed, including but not limited to schools, libraries, park
and recreation facilities, transportation facilities, sewer and water
facilities, utilities, and emergency services.
6.
Assessment of Impacts. The applicant shall submit to the Township
a narrative description of the following:
A.
Positive and negative impacts upon identified site features, public
and private views, and public or community services and facilities
that might be anticipated due to development as proposed.
7.
Mitigation of Negative Impacts. The applicant shall submit to the
Township a narrative description and identify on plan map(s), as applicable,
proposed means and/or rationale demonstrating how development as proposed
will minimize or mitigate identified negative impacts.
