[Ord. 2005-9, 12/29/2005, § 1701]
In setting forth general regulations in this Part, it is the
intent of the Township to establish clear standards for activities
and the design and impact of site development that may be associated
with a variety of zoning districts or types of land use. In most instances,
these regulations are to be interpreted and applied in conjunction
with the requirements of one or another use district of this chapter;
they are limited with respect to the Zoning Map only as stipulated
by the terms of this Part.
[Ord. 2005-9, 12/29/2005, § 1702]
The minimum lot area or yard width requirements for any new
building or use shall not include any part of a lot that is required
by any other building or use to comply with requirements of this chapter.
No required lot area or yard shall include any property, the ownership
of which has been transferred subsequent to the effective date of
this chapter, if such property was a part of the area required for
compliance with the dimensional requirements applicable to the lot
from which such transfer was made.
[Ord. 2005-9, 12/29/2005, § 1703]
1.
No land or structure in any zoning district shall be used or occupied
in any manner that creates any dangerous, injurious, noxious, or otherwise
objectionable fire, explosive, or other hazard; noise or vibration;
smoke, dust, odor, or other form of air pollution; heat, electromagnetic
or other radiation; or other condition in such manner or in such amount
as to affect adversely the reasonable use of the surrounding area
or adjoining premises.
A.
Performance Standard Procedure.
(1)
With the exception of residential uses, any applicant for a
zoning permit for any other principal or accessory use shall include
with such application an affidavit acknowledging an understanding
of the performance standard specified herein and applicable to such
use, and affirming an agreement to conduct or operate such use at
all times in conformance with such standards. Where there is reason
to believe that the nature of the proposed use would make it difficult
to comply with applicable standards, the Zoning Officer may require
the applicant to submit plans of the proposed construction, as well
as a description of the proposed machinery, operations, and products
and the specifications for the mechanisms and techniques to be used
in restricting the emission of any dangerous and objectionable elements
listed in this section.
(2)
Regardless of whether a use is required to comply with the procedures
of this subsection, every use shall comply with the performance standards
specified in this section.
B.
Dust, Dirt, Smoke, Vapors, Gases, Odors, and Heat.
(1)
The air pollution control regulations promulgated by the Pennsylvania
Air Pollution Control Act, 35 P.S. § 4001 et seq., as amended,
shall be used to control the emissions of dust, dirt, smoke, vapors,
gases, odors, glare, and heat in the Township. Such regulations are
contained in 25 Pa. Code, Subpart C, "Protection of Natural Resources,"
Article III, "Air Resources."
(2)
No use shall carry on an operation that will produce heat perceptible
beyond the property line of the lot on which the operation is situated.
C.
Electric, Diesel, Gas, or Other Power. Every use requiring power
shall be so operated that any service lines, substation, etc., shall
conform to the highest applicable safety requirements, shall be constructed
and installed so that they will be an integral part of the architectural
features of the plant or, if visible from abutting residential properties,
shall be concealed by evergreen planting.
D.
Control of Radioactivity or Electrical Emissions or Electrical Disturbances.
Activities which may emit radioactivity beyond enclosed areas shall
comply with the requirements of the Pennsylvania Department of Environmental
Protection, Division of Radiology. The Federal Nuclear Regulatory
Commission shall also regulate the control of radioactive material
associated with any activity in the Township. No electrical disturbances
(except from domestic household appliances) shall be permitted to
adversely affect any equipment at any time other than the equipment
creating the disturbance.
[Ord. 2005-9, 12/29/2005, § 1704]
1.
In order to encourage the sound development of street frontage and
to minimize traffic congestion and hazard, the following special provisions
shall apply:
A.
Off-Street Parking. All areas for off-street parking, off-street
loading and unloading, and the storage or movement of motor vehicles
shall be physically separated from the highway or street by a raised
curb, planting strip, wall, or other suitable barrier against unchanneled
motor vehicle entrance or exit, except for necessary accessways or
access roads which supply entrance to and egress from such parking,
loading, or storage area. All parking areas or lots shall be designed
to prohibit vehicles from backing out on the street, and the capacity
of each lot shall provide adequate storage area and distribution facilities
upon the lot to prevent back-up of vehicles on a public street while
awaiting entry to the lot.
B.
Access. Each use with less than 100 feet of frontage on a public
street shall have not more than one accessway to each such street,
and no business or other use with 100 feet or more of frontage on
a public street shall have more than two accessways to any one street
for each 300 feet of frontage. Where practicable, access to parking
areas shall be provided by a common service driveway or minor street
in order to avoid direct access to a major street. A driveway with
a 6% slope or greater shall be stabilized within the Township right-of-way.
C.
Large Developments. In the case of a shopping center, office complex,
group of multi-family dwellings, or similar grouping of buildings
on a lot, and in any other case where deemed necessary and practicable
by the Board of Supervisors:
(1)
All buildings shall front upon a marginal access street, service
road, common parking lot, or similar area and not directly upon a
public street.
(2)
All points of vehicular access to and from a public street shall
be located not less than 80 feet from the intersection of any public
street lines with each other; provided, however, that any such point
of vehicular access which, in effect, converts a "T" intersection
into an intersection of two streets which cross one another shall
be permitted.
(3)
Provision shall be made for safe and efficient ingress and egress
to and from public streets and highways serving the development, without
undue congestion or interference with normal traffic flow within the
Township.
(4)
All streets and accessways shall conform to the specifications determined by the Township Engineer and the requirements of the East Nottingham Township Subdivision and Land Development Ordinance [Chapter 22]. Provision shall be made for adequate signalization, for turning, standby, and/or deceleration lanes, and for similar facilities as deemed necessary.
(5)
Where a number of individual parcels or buildings are being
developed jointly, or where a parcel or building is being developed
adjacent to another parcel used or suitable for nonresidential development,
consideration shall be given to the following:
(a)
The location and planning of driveway access points to permit
their joint use by adjoining parcels so as to minimize the number
of intersections with the street or highway from which they derive
their access.
(b)
The development of parking and loading facilities that permit
convenient traffic circulation between adjoining parcels.
(c)
The development of pedestrian walkways between adjoining parking
areas and buildings.
(d)
The provision of landscaping and other features which will enhance
the usability, character, and attractiveness of the area.
D.
Reverse Frontage Encouraged. Direct vehicular access onto any collector
or arterial highway shall be strongly discouraged. Reverse frontage
is strongly encouraged for such properties.
[Ord. 2005-9, 12/29/2005, § 1705]
Interior drives may be one way or two way. Areas provided for
loading and unloading of delivery trucks and other vehicles, and for
the servicing of shops by refuse collection, fuel, and other service
vehicles shall be so arranged that they may be used without blocking
or interfering with the use of accessways or vehicle parking facilities.
[Ord. 2005-9, 12/29/2005, § 1706]
1.
The following standards shall apply to all exterior light fixtures
within East Nottingham Township, except street lighting and associated
traffic safety devices provided by a public utility or governmental
entity within a public right-of-way:
A.
The light from any exterior light fixture (the light source and its
enclosure, including any reflectors or other devices for the control
of light) shall be shaded, shielded, or directed to prevent direct
light from being cast beyond an angle of 35° from a vertical plane
and to prevent glare or other objectionable problems to surrounding
areas.
B.
The intensity of any light source on a lot, when measured at the
lot line, shall not exceed 0.5 foot candles.
C.
No lighting fixture shall have any blinking, flashing, or fluttering
lights or other illuminating device which has a changing light intensity,
brightness, or color, nor will any beacon lights be permitted. Decorative
seasonal light displays are exempt, provided they are not detrimental
to the public health, safety, and welfare of East Nottingham Township
residents.
D.
Neither the direct nor reflected light from any lighting fixture
shall create a disabling glare that would be a potential traffic hazard
for motor vehicle operators on public roads.
2.
All driveways, aisles, maneuvering spaces, vehicular service areas,
or spaces between or about buildings, designed for use by more than
four cars after dusk, other than those related to an individual dwelling,
shall be illuminated during night hours in accordance with the standards
in this section.
3.
Lighting systems and standards for major outdoor facilities such as athletic fields or stadiums, for which the above standards are inappropriate and unattainable, shall be permitted when approved as a special exception by the Zoning Hearing Board. The applicant shall demonstrate that the proposed lighting system is designed and will be operated to minimize objectionable impacts on other properties; the Board shall be further guided by the standards in § 27-2203 of this chapter.
[Ord. 2005-9, 12/29/2005, § 1707]
1.
Except as regulated by Subsection 2, below, or elsewhere by this chapter, fences and walls maintained in good condition may be permitted in any required yard; provided, that they do not: (a) encroach into any state or East Nottingham Township right-of-way; (b) impose any resistance for an emergency vehicle's exit or entrance; or (c) obstruct any required clear sight triangle area. While no setback is required, a property owner may wish to set back a fence or wall from the property line to provide for maintenance and repair.
2.
No solid fence shall be located closer to the front lot line than
the minimum required front yard setback distance established for the
zoning district in which the fence is located or the setback distance
established by an approved subdivision or land development plan governing
the property.
3.
All fence posts and structural members shall face inward and not
be exposed to neighboring properties.
4.
There shall be no height limitations on hedges. Trees and other plant
material designed to enhance the liability and attractiveness of any
lot may be located in any yard.
[Ord. 2005-9, 12/29/2005, § 1708]
1.
The height limitations of this chapter shall not apply to church
spires, belfries, cupolas and domes not intended for human occupancy,
monuments, standpipes, chimneys on residential structures, or flagpoles.
2.
The height limitations of this chapter shall not apply to any principal
or accessory agricultural building or structure including, but not
limited to, a barn or silo.
3.
Upon the granting of a special exception by the Zoning Hearing Board, the following may be erected to a maximum height of 50 feet or the equivalent of the distance to the nearest property line, whichever is less: ham radio or television masts, aerials, and antennae; windmills and similar wind energy conversion systems. The Zoning Hearing Board shall consider the following factors, in addition to the criteria in Part 22 of this chapter, in deciding upon a request for special exception:
A.
Compatibility of the proposed facility with existing and zoned uses
in the general neighborhood with respect to safety, visual impact,
aesthetics, noise, and lighting.
B.
Compliance of the proposed facility with all applicable state and
federal licensing and permit requirements, including assurances that
existing uses on surrounding properties will not be disrupted or otherwise
negatively impacted by the operation of the proposed facility.
C.
The relationship of the proposed site to other similar facilities
within the Township or the immediate region, and the potential cumulative
impacts that could result from a concentration of such facilities
of excessive height.
D.
The ability of the applicant to screen effectively the potentially
negative visual, light, and noise impacts of the proposed facility.
[Ord. 2005-9, 12/29/2005, § 1709]
1.
Where an unimproved lot is situated between two improved lots, on
each of which there has existed since the effective date of this chapter
a principal building within 25 feet of the side boundary line of such
improved lot and encroaching within the front yard otherwise required
by this chapter, the front yard depth of such unimproved lot may be
the average depth of the front yards of the two adjacent improved
lots, notwithstanding the yard requirements of the district in which
the unimproved lot is located.
2.
Where an unimproved lot adjoins only one improved lot, on which there
has existed since the effective date of this chapter a principal building
within 25 feet of the common side lot line and encroaching within
the front yard otherwise required by this chapter, the front yard
depth of such unimproved lot may be the average depth of the front
yard of such adjacent improved lot and the front yard required for
the district in which such unimproved lot is located, notwithstanding
the yard requirements for such district.
[Ord. 2005-9, 12/29/2005, § 1710]
1.
No principal building and no other building containing a dwelling
unit or other habitable living space shall be erected within or shall
project into any required yard in any district. The following components
of such building, however, may project into any required side or rear
yard so long as they are set back at least 15 feet from any side or
rear lot line: terraces; uncovered platforms, decks, steps, and similar
landings; buttresses; chimneys; cornices; piers or pilasters; unenclosed
fire escapes, and access ramps for physically handicapped persons.
2.
Where the lot dimensions, configurations, or topography allow no
reasonable side or rear yard location, a handicapped access ramp may
project into the required front yard; provided:
3.
On nonresidential properties only, an awning or movable canopy may
project into any required side or rear yard not more than 25 feet,
but shall not be closer than 15 feet from any side or rear lot line.
In the C-1 District, an awning or movable canopy may project into
required front yard, but shall not be closer than five feet from the
front lot line.
4.
Arbors, trellises, and similar uninhabitable accessory structures
shall be permitted within side and rear yard areas provided they are
not more than 12 feet in height and are set back at least 10 feet
from the lot line.
[Ord. 2005-9, 12/29/2005, § 1711]
1.
Sight Lines at Public Street Intersections. The minimum standards for clear sight triangles at public street intersections shall be as contained in the East Nottingham Township Subdivision and Land Development Ordinance [Chapter 22], unless otherwise required by PennDOT.
2.
Sight Lines at Private Accessway and Public Street Intersections.
At each point where a private accessway intersects a public street
or road, a clear sight triangle in compliance with the standards of
East Nottingham Township for driveways shall be maintained, except
as otherwise required by PennDOT.
3.
On any lot, no wall, fence, or other obstruction shall be erected,
allowed, or maintained, and no hedge, tree, shrub, or other growth
shall be planted or allowed to exist, which dangerously obscures the
view of approaching traffic along a street or at intersections with
driveways.
[Ord. 2005-9, 12/29/2005, § 1712]
1.
The following standards shall apply to the storage of all man-made
materials:
A.
Storage for periods in excess of 30 days shall be screened from view
of any public right-of-way and any contiguous residential use. Screening
shall consist of continuous evergreen plantings and/or include an
architectural screen.
B.
No storage shall be permitted within the front yard of a lot.
C.
No merchandise, goods, articles, or equipment shall be stored, displayed,
or offered for sale outside any building, except for the following:
(1)
Seasonal articles which are too large or otherwise infeasible
to be stored indoors. Such articles shall be stored adjacent to the
building housing the principal use, and shall be enclosed by either
walls or opaque fencing designed to be architecturally compatible
with the building. Such enclosure shall be at least six feet high.
(2)
As part of a permitted tent or sidewalk sale on a commercial
property, or in conjunction with a yard, garage, or tag sale or a
flea market where permitted as a temporary accessory use.
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Any outdoor display area shall be considered sales floor area
for purposes of computing parking requirements.
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D.
Any organic refuse and garbage shall be stored in tight, vermin-proof
containers. On multi-family, commercial, or industrial properties,
solid waste storage shall be centralized to expedite collection. Storage
containers shall be enclosed on three sides by an architectural screen.
E.
There shall be no storage of hazardous waste anywhere within the
Township, including temporary storage in a parked vehicle. Hazardous
waste shall be as defined in the Solid Waste Management Act, 35 P.S. § 6018.101
et seq., or any subsequent amendment or revision thereto.
F.
All materials or wastes which might cause fumes or dust, or which
constitute a fire hazard, shall be stored outdoors only if enclosed
in containers adequate to eliminate such hazards. Flammable, combustible,
or explosive liquids, solids, or gases shall be stored in accordance
with the applicable fire code regulations. All applicable Pennsylvania
Department of Environmental Protection regulations and Federal Office
of Safety and Health Administration regulations shall be complied
with.
G.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transported off the lot by natural causes
or forces, nor shall any substance which can contaminate a stream
or watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse. All applicable
Pennsylvania Department of Environmental Protection regulations shall
be complied with.
H.
Storage of unregistered or unlicensed vehicles.
(1)
Except as otherwise provided in this section, vehicles of any
kind or type without current registration or license plates shall
not be parked on public streets or stored on any parcel of land in
any zoning district except in a completely enclosed building.
(2)
The following shall be exempt from the requirements of Subsection 1H(1), above:
(a)
In any zoning district, one vehicle without current registration
or license plates that is kept on any parcel of land with an existing
principal structure for utility use thereon.
(b)
Agricultural or farm machinery, and vehicles awaiting service
at service stations or body shops that are in compliance with the
terms of this chapter.
I.
One duly licensed travel trailer, motor home camper, or pick-up truck
camper may be stored in any residential district or on any residential
lot, provided such travel trailer or pick-up truck camper is not stored
between the street line and principal building or building setback
line. In the event a covenant and/or restriction in an approved subdivision
or land development plan is more restrictive than the terms of this
subsection for the residential uses established therein, said covenant
and/or restriction shall take precedence.
[1]
Editor's Note: Former § 27-1713, Noise Standards,
adopted by Ord. 2005-9, 12/29/2005, § 1713, was repealed by Ord. No. 2020-01, 7/14/2020.
[Ord. 2005-9, 12/29/2005, § 1714]
2.
Any use permitted by special exception or conditional use shall be screened from other uses in accordance with the planting specifications in § 22-507, Subsection 1A, of the Township Subdivision and Land Development Ordinance [Chapter 22] when so directed by the Zoning Hearing Board or Board of Supervisors, respectively, as a condition of approval for the special exception or conditional use.
[Ord. 2005-9, 12/29/2005, § 1715]
1.
Any part of a lot which is not used for building, other structures,
loading or parking spaces and aisles, sidewalks, and designated storage
areas shall be planted with an all-season ground cover approved by
the Township. It shall be maintained to provide an attractive appearance.
All nonsurviving plants shall be replaced.
2.
Any use or activity proposed as part of a subdivision or land development shall further comply with the requirements for shade trees, street trees, replacement vegetation, and other landscaping components stipulated in the Township Subdivision and Land Development Ordinance [Chapter 22].
3.
Plant materials shall be chosen to prevent soil erosion and subsequent
sedimentation. For the purposes of promoting disease resistance, minimum
maintenance, diverse natural plant associations, and long-term stability
of plantings, an applicant is strongly encouraged to choose those
combinations of species which may be expected to be found together
under more or less natural conditions on sites comparable to that
where the plant material is to be installed.
4.
The following requirements shall apply to all off-street parking
areas having greater than five parking spaces:
A.
Raised planting islands shall be located at each end of a parking
space row and between every 12 or fewer parking spaces within a row.
Planting islands shall be a minimum of three feet in width, extend
the length of a parking space, and be planted with one shade tree
per island. Existing trees may be credited toward this requirement
if in good condition and located as required.
B.
Perimeter plantings shall be provided in accordance with the terms of § 22-50, Subsection 1A(3), of the Township Subdivision and Land Development Ordinance [Chapter 22].
C.
Perimeter planting areas and raised planting islands shall be protected
by curbing.
D.
Surface treatment of raised planting islands and perimeter planting
areas shall be grass, other ground cover, low-maintenance shrubs,
or other plant material approved by the Township.
[1]
Editor's Note: Former § 27-1716, Stormwater Roof
Drains, adopted by Ord. 2005-9, 12/29/2005, § 1716, was repealed by Ord. No. 2020-01, 7/14/2020.
