[Ord. 275, 2/9/2000, § 401]
No more than one principal use shall be permitted on a lot,
unless specifically permitted by this Chapter.
[Ord. 275, 2/9/2000, § 402]
1.
Street Frontage Required. Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet Township standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Subdivision and Land Development Ordinance [Chapter 22], excepting however, those principal buildings specifically approved by the Board of Supervisors.
[Ord. 275, 2/9/2000, § 403]
1.
Buildings. No building shall exceed the maximum building height standard
specified in the relevant district regulations of this Chapter.
2.
Accessory Structures. Accessory structures such as farm structures,
silos, water towers, church spires, belfries, solar energy collectors
(and equipment used for the mounting or operation of such collectors),
wind turbines, chimneys or other appurtenances usually required to
be placed above the roof level and not intended for human occupancy
shall not exceed 150% of the maximum building height standard specified
in the relevant district regulations of this Chapter, provided that
these structures shall not diminish the solar access of other properties.
[Ord. 275, 2/9/2000, § 404; as amended by Ord.
323, 9/12/2007, § 7]
1.
In General.
A.
The lot or yard 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 the requirements of this Chapter.
B.
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.
2.
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
B.
Irregularly Shaped Lots. In the case of irregularly shaped lots,
the minimum lot width specified in the district shall be adhered to
for that portion of the lot commencing at the rear line of the minimum
required front yard and extending to the front line of the rear yard;
provided, that in no case shall the lot frontage measured at the street
right-of-way line be less than 70% of the minimum lot width, except
in the following situations: on culs-de-sac or courts or street center
line curves of less than 300 feet radius where the lot frontage measured
at the street right-of-way line shall not be less than 40% of the
minimum lot width.
C.
Through Lots. Front yards shall be provided along all portions of
a through lot abutting any street, except where a provision of a different
yard will comply with the prevailing front yard pattern on adjoining
lots.
D.
Corner Lots. Front yards shall be provided along all portions of
a corner lot abutting any street, except where the provision of a
different yard will comply with the prevailing yard pattern on adjoining
lots.
3.
Traffic Visibility Across Corners.
A.
Sight Lines at Intersection of Streets.
(2)
By means of deed restriction, lease restriction, or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from two feet to 10 feet above the center line grades of the intersecting streets within the triangular area defined in Subsection 3A(3).
(3)
Such triangular area shall be bounded by the intersecting street
center lines and a diagonal connecting two points, one, which is at
each end of the center line of each street:
(a)
One hundred fifty feet from the intersection of such street
center lines, if either street is an arterial street.
(b)
One hundred feet from the intersection of such street center
line if either street is a collector street.
(c)
Seventy-five feet from the intersection of such street center
lines, if both streets are local streets.
(4)
Proposed intersections shall be designed and constructed to meet the minimum sight distances as listed in the "Formula Sight Distance Table" (Figure 21-2-1 of the Plainfield Township Driveway Ordinance, as amended [Chapter 21, Part 2]). The method of measurement shall conform to the "Formula Sight Distance Measurements" worksheet (Figure 21-2-2 of the Plainfield Township Driveway Ordinance, as amended [Chapter 21, Part 2]), which should be completed and submitted to the Township with the preliminary subdivision plan application. Sight triangles formed by the intersection of center lines and sight lines necessary to achieve the required sight distances from this calculation shall also be shown on the plans and restricted as outlined in Subsection 3A(1) and (2).
B.
Sight Lines at Intersections of Driveways or Access ways with Streets.
(2)
By means of deed restriction, lease restriction, or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner so as to obscure vision between a height of from two feet to 10 feet above the center line grades of the intersecting driveway, access way, or streets within the triangular area defined in Subsection 3B(3).
(3)
Such triangular area shall be bounded by the intersecting driveway,
access way, or street center lines and a diagonal connecting two points,
one which is at each end of the center line of each driveway, access
way, or street 30 from the intersection of such center lines.
(4)
Proposed intersections shall be designed and constructed to meet the minimum sight distances as listed in the "Formula Sight Distance Table" (Figure 21-2-1 of the Plainfield Township Driveway Ordinance, as amended [Chapter 21, Part 2]). The method of measurement shall conform to the "Formula Sight Distance Measurements" worksheet (Figure 21-2-2 of the Plainfield Township Driveway Ordinance, as amended [Chapter 21, Part 2]), which should be completed and submitted to the Township prior to building permit application.
4.
Buffer Yards. Any nonresidential or nonagricultural use which borders
or is within any Suburban Residential District, Planned Residential
District, Village Center, Village Residential District or Farm and
Forest District shall provide buffer yards, adjacent to any residential
use which comply with the following standards:
A.
Size, Location.
(1)
A twenty-foot buffer yard shall be required, unless otherwise
indicated in this Chapter.
(2)
The buffer yard shall be measured from the district boundary
line or from the street right-of-way line (where a street serves as
the district boundary line). Buffer yards shall not be within an existing
or future street right-of-way and shall be in addition to that right-of-way.
(3)
The buffer yard may be coterminous with a required front, side,
or rear yard, provided the larger yard requirement shall apply in
case of conflict.
B.
Characteristics.
(1)
The buffer yard shall be a landscaped area free of structures,
manufacturing or processing activity, materials or vehicular parking.
No driveways or streets shall be permitted in the buffer yards except
at points of ingress or egress.
(2)
In all buffer yards, all areas not within the planting screen
shall be planted with grass seed, sod or ground cover, and shall be
maintained and kept clean of all debris, rubbish, grass more than
12 inches in height, or weeds.
C.
Planting Screen.
(1)
Each buffer yard shall include a planting screen of trees, shrubs,
and/or other plant materials extending the full length of the lot
line to serve as a barrier to visibility, airborne particles, glare
and noise.
(2)
Each planting screen shall be in accordance with the following
requirements:
(a)
Plant materials used in the planting screen shall be of such
species and size as will produce, within two years, a complete year-round
visual screen of at least eight feet in height.
(b)
The planting screen shall be permanently maintained by the landowner
and any plant material which does not live shall be replaced within
one year.
(c)
The planting screen shall be so placed that at maturity it will
be at least three feet from any street or property line.
(3)
In circumstances where it is impractical for a planting screen
to meet all the requirements of this Section or would create an undue
hardship, the Zoning Hearing Board may modify the requirements or
approve acceptable alternatives, which shall satisfy the spirit, objectives
and intent of the screen requirements.
[Ord. 275, 2/9/2000, § 405; as amended by Ord.
323, 9/12/2007, § 8]
[Ord. 275, 2/9/2000, § 406; as amended by Ord.
323, 9/12/2007, § 9; and by Ord. 325, 9/12/2007, §§ 1-8]
1.
In order to encourage the sound development of frontage along arterial
and major collector streets (as defined on the Official Street Classification
Map) and to minimize traffic congestion and hazard, the following
special provisions shall apply:
A.
Off-Street Parking and Loading. 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 un-channeled motor vehicle entrance or exit, except for necessary
access ways 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.
Maximum Number of Access Points. Subject to the other requirements
of this Chapter, a maximum of one driveway access shall be permitted
onto an arterial or major collector road. A maximum of one additional
driveway access point may be permitted if the applicant demonstrates
through a capacity and circulation analysis that an additional access
point is necessary to accommodate traffic to and from the site and
it can be achieved in a safe and efficient manner.
C.
Planned Development. In the case of (1) a planned development, shopping
center, office complex, group of multiple-family dwellings, or similar
grouping of principal buildings on a lot, and (2) in any other case
where practicable:
(1)
Each principal building shall front upon a marginal access street,
service road, common parking lot, or similar area and not directly
upon a public street.
(2)
Each point of vehicular access to and from a public street shall
be located at least 200 feet from the intersection of any public street
right-of-way lines, provided that such point of vehicular access which
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 unified development,
without undue congestion to, or interference with, normal traffic
flow within the Township.
(4)
All streets and access ways shall conform to the specifications related to signalization, left turn lanes, acceleration lanes, deceleration lanes and similar facilities pursuant to the requirements of the Subdivision and Land Development Ordinance [Chapter 22] and pursuant to the recommendations of the Township Engineer.
(5)
All driveways, aisles, maneuvering spaces, vehicular service
areas or spaces between or about buildings, other than those related
to a dwelling shall be adequately illuminated during night hours of
use at no cost to the Township.
D.
Reverse Frontage Encouraged. Reverse frontage lots shall be provided pursuant to the provisions of the Subdivision and Land Development Ordinance [Chapter 22]. A planting screen and associated planting easement of at least 20 feet across which there shall be no right of access, shall be provided along the rear line of reverse frontage lots.
E.
Joint Access. Joint access located centered along a common property line between abutting commercial properties and between a maximum of two residential properties is required whenever feasible along arterial and major collector roads subject to the provisions of this Section. The provision of joint access shall be subject to the creation of an easement with the deed allowing cross access between the properties within the access road area. The joint access arrangements shall include a recorded joint agreement with the deed defining the maintenance responsibilities of each of the property owners served by the access road. The minimum length of the joint access shall be in accord with the standards for throat length contained in § 22-1013, Subsection 4D, of the Subdivision and Land Development Ordinance [Chapter 22]. The maximum length of the joint access for residential properties shall not exceed the required minimum throat length standard contained in § 22-1013, Subsection 4D, of the Subdivision and Land Development Ordinance [Chapter 22]. The minimum width of the joint access for residential properties shall be 20 feet. For single-family residential driveways, the joint access portion of the driveway shall not extend more than 10 feet beyond the ultimate street right-of-way line and shall be paved with asphalt or concrete. The provision for a 10 feet separation between side and rear property lines and the edge of a driveway shall be met within 40 feet of the ultimate right-of-way line. For nonresidential properties, the road shall meet the minimum and maximum width standards of the Subdivision and Land Development Ordinance [Chapter 22].
F.
Cross Access and Linked Parking Lots. Cross access shall be provided
between adjoining commercial properties that front on an arterial
or major collector road to provide circulation between the properties,
unless the applicant demonstrates that such cross access is not feasible.
The circulation plans of the adjoining properties shall be coordinated.
The availability of cross access shall be visibly obvious. The property
owners with cross access shall record an easement with the deed allowing
cross access to and from the other properties. The circulation plan
for each property shall be adequate for that property, independent
of the cross access arrangements.
G.
Permitted driveways in place at the time of the adoption of this Section that do not conform to the standards herein shall be designated as preexisting driveways. They shall be brought into conformance with the applicable standards contained in this Chapter and in the Subdivision and Land Development Ordinance [Chapter 22] under the following conditions: (1) when a new driveway permit is requested, (2) when modifications to an existing driveway permit are requested, (3) when the property owner or applicant applies for a change in property use that will generate more vehicle trips than the existing use, or (4) when an expansion of an existing use will result in more vehicle trips.
H.
Where a property fronts on two or more roads, unless specifically
required by the Township, access shall be obtained from the lowest
functional classification road. Access shall not be obtained from
the arterial road.
[Ord. 275, 2/9/2000, § 407]
1.
Registration of Nonconforming Uses and Structures. Upon adoption
of this Chapter, the Township Zoning Officer shall identify and register
nonconforming uses and structures.
2.
Continuation. Any nonconforming use, structure, or lot may be continued,
maintained, improved, and repaired, provided it conforms to the remainder
of this Section.
3.
Alteration or Extension.
A.
Nonconforming Structure.
(1)
A nonconforming structure may be altered, reconstructed, or
enlarged provided that such alteration, reconstruction or enlargement
does not increase the nonconformance or the nonconforming part of
the structure.
(2)
In the case of a nonconforming structure, which contains a nonconforming
use, such alteration, extension or enlargement shall also meet the
requirements of Subsection 3C.
B.
Nonconforming Lot.
(1)
A building may be constructed on a nonconforming lot, provided
the yard requirements of this Chapter or the yard sizes of the majority
of uses in the neighboring area or in the development are observed
and all DEP requirements are met.
C.
Nonconforming Use. Nonconforming uses shall not be altered, reconstructed,
extended or enlarged, except in accordance with the following provisions:
(1)
Such alteration, reconstruction, extension or enlargement shall be permitted only by special exception from the Zoning Hearing Board under the provisions of § 27-804.
(2)
Such alteration, reconstruction, extension or enlargement shall
be only upon the same lot as in existence at the date the use became
nonconforming.
(3)
Any increase in volume or area of the nonconforming use shall
not exceed an aggregate of more than 50% (of said volume or floor
area) during the life of the nonconformity.
(4)
In computing the area occupied by any nonconforming use only
the portion of the ground area, if any, of any lot upon which the
nonconforming use exists shall be considered. The computations for
volume and area, both in establishing the extent of the nonconformity,
and in determining the limits of its expansion shall be separate.
4.
Restoration. A nonconforming structure or any structure containing
a nonconforming use destroyed by fire, explosion, flood or other phenomenon,
or legally condemned, may be reconstructed and used for the same nonconforming
use, provided that reconstruction of the structure shall be commenced
within one year from the date the structure was destroyed or condemned
and shall be completed within one year of the date commenced.
5.
Ownership. Whenever a nonconforming use, structure, or lot is sold
to a new owner, a previously lawful nonconforming use may be continued
by the new owner, provided that the new owner shall re-register the
nonconforming use with the Zoning Officer within 60 days after final
settlement.
6.
Abandonment.
A.
If a nonconforming use of a structure or land is discontinued, razed,
removed, or abandoned for 365 consecutive days, subsequent use of
such structure or land shall conform with the regulations of the district
in which it is located.
B.
The act of abandonment and the intent to abandon shall be presumed
to commence on the date when customary efforts to continue the use
(operation, lease, sale, etc.) cease.
7.
Changes.
A.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
B.
A nonconforming use may be changed to another nonconforming use only
if permitted as a special exception by the Zoning Hearing Board after
the following conditions are met:
8.
District Changes. Whenever the boundaries of a district are changed
so as to transfer an area from one district to another district, the
foregoing provisions shall also apply to any nonconforming uses or
structures existing in the district to which the area was transferred.
[Ord. 275, 2/9/2000, § 408]
1.
A temporary permit may be issued by the Zoning Hearing Board or structures
or uses necessary during construction or other special circumstances
of a nonrecurring nature subject to the following additional provisions:
[Ord. 275, 2/9/2000, § 409]
2.
Procedure.
A.
Applying for Application.
(1)
When the applicant applies to the Zoning Officer for a zoning
permit, the applicant shall submit 10 complete sets of site plans.
(2)
No zoning permit shall be granted until after the Planning Commission
submits its recommendation to the Zoning Officer or after 45 days
of the date the site plans were submitted.
(3)
Site plan approval shall not relieve the applicant from any
other provisions of this Chapter nor constitute a recommendation for
a variance or other relief that the applicant may seek from the Zoning
Hearing Board.
B.
The Zoning Officer shall forward nine copies of the site plan to
the Planning Commission within seven days of the date of official
plan submission. The Zoning Officer shall retain one copy of the site
plan for review.
C.
Recommendation.
(1)
The Planning Commission shall make a written recommendation
to the Zoning Officer within 45 days of the date the plan was submitted
on whether the site plan indicates that a zoning permit should be
granted or denied.
(2)
The written recommendation shall include the underlying findings
and reasons affecting the recommendation.
(3)
Failure to make a written recommendation within such 45 days
shall be considered a recommendation to issue such zoning permit.
D.
Decision.
(1)
The Zoning Officer shall review the site plan and the Planning
Commission's recommendations and issue or deny the zoning permit within
60 days after the site plan was officially submitted.
(2)
The decision of the Zoning Officer shall be in writing and shall
be communicated to the applicant via hand delivery or mailed to the
applicant at the applicant's last known address within the sixty-day
period after the site plan was officially submitted.
[Amended by Ord. No. 386, 2/14/2018]
(3)
The decision shall indicate the specific provisions of this
Chapter and other laws which have not been met and the specific reasons
therefor.
3.
Site Plan Requirements. The following information shall be included
on the site plan:
A.
A statement describing the proposed use.
B.
A site layout drawn to a scale of not less than one inch equals 50
feet showing the location, dimensions, and area of each lot, the location,
dimensions and height of proposed buildings, structures, streets,
and any existing buildings in relation to property and street lines.
If the application relates to property which is scheduled to be developed
in successive stages, such plans shall show the relationship of the
portion scheduled for initial development to the proposed layout of
the entire property.
C.
The location, dimensions (numbers shown), and arrangements of all
open spaces and yards, landscaping, fences, and buffer yards including
methods and materials to be employed for screening.
D.
The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas. The method of calculation of off-street parking shall be shown on the plan based on the requirements of Part 7 of this Chapter.
E.
The dimensions (numbers shown), location, and methods of illumination
for signs and exterior lighting.
F.
The location and dimensions of sidewalks and all other areas to be
devoted to pedestrian use.
G.
Provisions to be made for treatment and disposal of sewage and industrial
wastes and water supply.
H.
The capacity and arrangement of all buildings used or intended to
be used for dwelling purposes, including the proposed density in terms
of number of dwelling units per acre of land.
I.
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion or other safety hazards.
J.
Description of methods to be employed in controlling any excess noise,
air pollution, smoke, fumes, water pollution, fire hazards or other
safety hazards.
K.
Site contours at two-foot intervals and site benchmarks.
L.
All proposed site grading and drainage provisions and proposals.
M.
A key map showing the entire project and its relation to surrounding
properties and existing building thereon.
N.
Zoning districts and requirements.
O.
Soils, slopes, floodplain delineations, and wetlands delineations
(if required by Zoning Officer).
P.
Certification by the person who prepared the site plan.
Q.
Certification of ownership and acknowledgment of plan signed by owner
or developer.
R.
A note on the site plan indicating that if access will be provided
onto a state highway, access to a state highway shall only be provided
in compliance with a PennDOT highway occupancy permit, pursuant to
§ 420 of the Act of June of 1945, (P.L. 1242, No. 428),
as amended.[1]
[1]
Editor's Note: See 36 P.S. § 670-420.
[Ord. 275, 2/9/2000, § 410]
1.
Performance Impacts. No use shall be permitted in any district if
it is to be operated in such a manner so as to create any of the following
which would compromise the Township health, safety and/or welfare:
A.
Unsafe conditions which could cause danger of or injury resulting
from fire, explosion, radiation or other dangerous results.
B.
A significant adverse environmental impact which will adversely affect
the premises or the surrounding areas. The adverse environmental impacts
could result by reason of the emission of smoke, dust, fumes, ash,
particulate matter, odor, noise, vibration, radiation, electrical
emissions, water runoff, groundwater pollution, stream channel or
floodplain changes, soil erosion, stream sedimentation, light, glare,
historic site impact, traffic impact or any other adverse impact upon
the environment. A use could become a prohibited use if the applicant
cannot or will not mitigate its adverse environmental impacts so that
those impacts are reduced to an insignificant level of impact consistent
with applicable federal, state and/or local regulations and standards.
The Board of Supervisors shall make all determination as to whether
a use has a significant adverse impact upon the environment.
2.
General Application. As a condition of approval and the continuance
of any use, occupancy of any structure, and operation of any process
or equipment, the applicant shall supply evidence, satisfactory to
the Zoning Officer, that the proposed use, structure, process or equipment
will conform fully with all of the applicable performance standards.
As evidence of compliance the Board of Supervisors may require certification
of tests by appropriate government agencies or be recognized testing
laboratories, any costs thereof to be borne by the applicant. The
Board of Supervisors may require that specific types of equipment,
machinery or devices by installed, or that specific operating procedures
or methods be followed if the government agencies or testing laboratories
examining the proposed operation shall determine that the use of such
specific types of machinery, equipment devices, procedures or methods
are required in order to assure compliance with the applicable performance
standards. Permits and certificates required by other government agencies
shall be submitted to the Zoning Officer as proof of compliance with
applicable codes. The requirements contained in this Part shall not
apply to residential structures.
3.
Regulation of Nuisance Characteristics.
A.
Definition of Nuisance Characteristics. A nuisance characteristic
is any noise, radioactivity, vibration, glare, smoke, odor, air pollution
and dust, which exceeds the performance standards established under
this Part.
B.
Locations where determinations are to be made for enforcement of
performance standards. The determination of the existence of nuisance
characteristic shall be made at the following locations:
|
Nuisance Characteristic
|
All Zones
| ||
|---|---|---|---|
|
Air Pollution
|
As required by state regulations
| ||
|
Smoke
| |||
|
Solid particles
|
As required by state regulations
| ||
|
Odors
|
Property line
| ||
|
Wastes
| |||
|
Liquid wastes
|
Outlet
| ||
|
Solid wastes
|
Building wall
| ||
|
Radiation
|
Vent or smokestack
| ||
|
Noise
|
Property line
| ||
|
Vibration
|
Building wall
| ||
|
Glare
|
Property line
| ||
|
Heat
|
Vent or smokestack for heated air and at the outlet for heated
or solid discharge
| ||
|
Liquid
|
Fire and explosive hazards as required by state and federal
regulations
| ||
C.
Continued Compliance. Continued compliance with the performance standards
stated herein shall be a requirement for the continued occupancy of
any structure or the operation of any process or equipment.
4.
Standards to be Enforced.
A.
Air Pollution. No substance shall be emitted into the atmosphere
in quantities which are injurious to humans, plant or animal life
or to property, or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the Township. All applicable
provisions of the State Air Pollution Control Act of January 9, 1960,
P.L. 2119, 35 P.S. § 4001 et seq., as amended, and Title
25, Pa. Code, Rules and Regulations, Department of Environmental Protection,
subpart C, Protection Natural Resources, Article III, Air Resources,
shall be complied with.
B.
Odors. In any zone, no odorous material may be emitted into the atmosphere
in quantities sufficient to be detected without instruments.
C.
Wastes. No liquid waste shall be discharged into any watercourse
in the Township except as herein provided. If the applicant proposes
to construct facilities for the treatment of wastes, he shall supply
a permit to construct said facilities issued by the Pennsylvania Department
of Environmental Protection and as necessary a permit from the United
States Environmental Protection Agency.
D.
Solid Wastes. Each use shall:
(1)
Assume full responsibility for adequate and regular collection,
storage and removal of all refuse in conformance with state and federal
regulations.
(2)
Comply with all applicable provisions of the Air Pollution Control
Code, 35 P.S. § 4001 et seq.
(3)
Permit no accumulation on the property of any solid waste, junk,
or other materials. Materials for use by a tenant or property owner
may be neatly stored on the property, provided that no odors are generated
and such storage does not attract rodents and does not constitute
a nuisance.
(4)
Not engage in any sanitary landfill operation on the property
except as may be permitted by other Township codes and ordinances.
E.
Radiation. All uses of materials, equipment or facilities which are
or may be sources of radiation shall comply with all controls, standards
and requirements of the Atomic Energy Act of 1954; as amended and
any codes, rules or regulations promulgated under such Act as well
as the Pennsylvania Radiation Protection Act, 35 P.S. § 7110.101
et seq., as amended, whichever shall be more stringent.
F.
Noise. There shall be no noise emanating from any operation or use in violation of § 27-511 of this Chapter.
H.
Heat. Heat is thermal energy of a radioactive, conductive or convective
nature. In any zone, any use or process shall not produce a temperature
rise discernible it the measuring point of discharge water into any
natural watercourse which shall produce a temperature increase of
greater than 3° F. in that watercourse within 10 feet of the discharge
point.
I.
Fire and Explosion Hazards. If it appears that any proposed use,
structure, process or resulting product or material may constitute
a fire or explosion hazard, the Zoning Officer may require the applicant
to supply proof of:
(1)
Approval of use, structure, process or resulting product or
material from the State Department of Labor and Industry or the Federal
Occupational Health and Safety Administration indicating that adequate
safeguards against fire and explosion hive been taken or installed.
(2)
Approval from the Fire Chief that the applicant is in compliance
with all applicable fire safety related codes.
5.
Traffic Impact Requirements. All development projects involving the
uses listed below will be evaluated by the Township Engineer to determine
the level of traffic impact on the Township. This will apply to all
new projects or uses proposed or to any expansion of an existing development:
|
Residential:
|
100 or more dwelling units
| |
|
Commercial:
|
20,000 square feet or more of total floor area.
| |
|
Office:
|
30,000 square feet or more of total floor area.
| |
|
Industrial:
|
60,000 square feet or more of total floor area, or any truck
terminal, or any sanitary landfill, recycling facility, material separation
facility, composting facility, refuse derived fuel facility or any
solid waste transfer stations.
| |
|
Institutional:
|
30,000 square feet or more of total floor area.
|
|
Any use or combination of uses that would generally result in
greater than 1,500 trips per day.
| |
|
The level of traffic impact will be based on the estimated "trip
ends" generated by the proposed uses in the project. "Trip ends" are
defined is the total number of trips entering and leaving a specific
land use or uses located in a project per day. These "trip ends" will
be based on the estimated "trip generation rates" for various types
of land uses based on the latest edition of the Publication entitled
"Trip Generation, An Information Report", published by the Institute
of Transportation Engineers.
| |
|
The total number of average daily "trip ends" shall also mean
"average daily traffic (ADT)." The table entitled "Trip Ends Per Day"
adapted from the above publication may be used for estimating the
ADT generated by any proposed project or addition to a project. In
lieu thereof, the developer or the Township may use the above publication
directly if it is considered to provide a more applicable estimate
of the "trip ends per day" for the specific uses proposed. However,
the Zoning Officer shall make the final determination or interpretation
is to the specific uses in the publication which are most comparable
to the proposed use. If there is need for further interpretation on
any of these matters, the Township reserves the right to secure expert
consulting advice with the cost of such services to be added to the
standard Township zoning fees to be paid by the applicant. If there
is still need for interpretation, the Zoning Hearing Board shall make
the final Township interpretation on any issue regarding traffic impact.
|
A.
Determination of Major Traffic Impact. Any traffic which has in estimated
ADT (or daily trip ends per day) in excess of 300 shall be considered
to have a "major traffic impact."
B.
Phased Projects. In the event that a project is to be phased over
a period of time, not exceeding 10 years, the total traffic impact
for the entire period of phasing shall be used in determining the
traffic impact.
C.
Requirements for Projects Having a Major Traffic Impact. All projects
which are determined to have a major traffic impact shall comply with
the following:
(2)
All such projects shall have direct access to an arterial road
or to a collector road in the Township. In lieu of such access, the
developer shall provide a project road which is capable of handling
the level of traffic to be generated and which is proposed for development
by the developer to collector or major road standards, as established
by the Township.
(3)
All projects which have an estimated ADT exceeding 800 vehicles
per day shall be required to submit a traffic impact study prepared
by a traffic engineer. The requirements for such a study are set forth
below.
D.
Major Traffic Impact Study. A major traffic impact study shall include
at least the following:
(1)
Identification of all major roads and intersections serving
the project.
(2)
An analysis of how the proposed project users or residents will
use these major roads.
(3)
Existing traffic conditions (without the proposed project) including
traffic volumes (ADT) and peak hours volumes on the identified major
roads, based on Pennsylvania Department of Transportation, surveys
and trip generation rates.
(4)
Projected traffic conditions (without the project) based on
trends in growth of traffic for ADT and peak hour volumes.
(5)
Estimates of traffic volumes (ADT) and peak hour volumes after
development of all stages of the projects.
(6)
Highway and intersection traffic capacities.
(7)
Identification of existing and projected traffic problems on
roads serving the project including highway capacity deficiencies
for the various roads and intersections involved.
(8)
Solutions proposed by the developer to alleviate the identified
problems and deficiencies.
|
The major traffic impact study shall be reviewed by the Planning
Commission, Zoning Officer, Zoning Hearing Board or Township Supervisors
in accordance with the special exception use or conditional use procedures
established in this Chapter. The Commission, Zoning Officer, Zoning
Hearing Board or Board of Supervisors may request additional data
or information to clarify the findings set forth in said Study. The
Zoning Officer, Zoning Hearing Board or Township Supervisors shall
not approve any such use if he or they determine that any traffic
problem to be created by the proposed development can be adequately
alleviated by the developer.
|
|
Average Weekday Vehicle Trip Ends
(Daily Traffic)
| |||
|---|---|---|---|
|
Land Use
|
Trip Generation Average Trip Rate[1]
| ||
|
1.
|
Residential
| ||
|
Single-Family
|
10.1/dwelling unit
| ||
|
Low Rise Residential Structures (2 or more DU's/structure)
|
7.5/dwelling unit
| ||
|
Condominium Units
|
5.2/dwelling unit
| ||
|
Mobile Homes
|
4.8/dwelling unit
| ||
|
Retirement, Senior Citizen Development
|
3.3/dwelling unit
| ||
|
Timesharing
|
Add 50% to above rate
| ||
|
2.
|
Lodging (All types)
|
10.5 per room
| |
|
3.
|
Recreation
| ||
|
Open Space Use (includes golf courses)
|
6.9/acre
| ||
|
Outdoor Recreation (limited to local resident)
|
6.0/acre
| ||
|
Resort Outdoor Recreation (no spectator events or places for
public assembly)
|
10.0/acre
| ||
|
Commercial Indoor Recreation
|
11.2/G.S.F.B.A.
| ||
|
Outdoor Sports and Recreation (including scale places for public
assembly)
|
100 to 250/acre
| ||
|
4.
|
Medical
| ||
|
Hospital
|
11.4/bed
| ||
|
Nursing Home
|
2.6/bed
| ||
|
Outpatient Office or clinic
|
54.6/1,000 G.S.F.B.A.
| ||
|
5.
|
General Office Building
| ||
|
Under 25,000 S.F.
|
23.0/1,000 G.S.F.B.A.
| ||
|
25,000 — 49,000 S.F.
|
19.0/1,000 G.S.F.B.A
| ||
|
50,000 — 99,999 S.F.
|
16.5/1,000 G.S.F.B.A
| ||
|
100,000 — 599,999 S.F.
|
13.0/1,000 G.S.F.B.A.
| ||
|
600,000 S.F. an Over
|
11.0/1,000 G.S.F.B.A.
| ||
|
6.
|
Commercial Shopping
| ||
|
Small Specialty Retail Center Convenience market
|
40.7/1,000 G.S.F.B.A.
| ||
|
Open less than 16 hours daily
|
322.6/1,000 G.S.F.B.A.
| ||
|
Open 16 — 24 hours daily Shopping Center
|
625.2/1,000 G.S.F.B.A
| ||
|
Under 50,000 S.F.
|
117.0/1,000 G.S.F.L.A.
| ||
|
50,000 — 99,999 S.F.
|
82.0/1,000 G.S.F.L.A.
| ||
|
100,000 — 199,999 S.F.
|
66.7/1,000 G.S.F.L.A.
| ||
|
200,000 — 299,999 S.F.
|
50.6/1,000 G.S.F.L.A.
| ||
|
300,000 — 399,999 S.F.
|
41.9/1,000 G.S.F.L.A.
| ||
|
400,000 S.F. and Over
|
37.2/1,000 G.S.F.L.A.
| ||
|
Discount Store
|
70.1/1,000 G.S.F.B.A.
| ||
|
Supermarket
|
125.5/1,000 G.S.F.B.A.
| ||
|
Wholesale Market
|
6.73/1,000 G.S.F.B.A.
| ||
|
Furniture Store
|
0.70/1,000 G.S.F.B.A.
| ||
|
Hardware/Paint Store
|
51.3/1,000 G.S.F.B.A.
| ||
|
New Car Sales
|
47.5/1,000 G.S.F.B.A.
| ||
|
7.
|
Restaurants
| ||
|
Low Turnover (over 1 hour seating)
|
74.9/1,000 G.S.F.B.A.
| ||
|
High Turnover (less than 1 hour seating)
|
164.4/1,000 G.S.F.B.A.
| ||
|
Primarily Drive-in
|
533.0/1,000 G.S.F.B.A.
| ||
|
8.
|
Services
| ||
|
Bank (Walk-in)
|
169.0/1,000 G.S.F.B.A.
| ||
|
Bank (Drive-in)
|
192.0/1,000 G.S.F.B.A.
| ||
|
S. & L. (Walk-in)
|
61.0/1,000 G.S.F.B.A.
| ||
|
S. & L. (Drive-in)
|
74.0/1,000 G.S.F.B.A.
| ||
|
9.
|
Industrial
| ||
|
Industrial and Manufacturing
|
5.43/1,000 G.S.F.B.A.
| ||
|
Warehousing, General
|
4.88/1,000 G.S.F.B.A.
| ||
|
Research Center (whichever is greater)
|
5.3/1,000 G.S.F.B.A.
| ||
|
Truck Terminal
|
9.86/1,000 G.S.F.B.A.
| ||
|
Storage (personal) warehouse
|
2.8/1,000 G.S.F.B.A.
| ||
|
Source: Adapted from "Trip Generation, An Informal Report" published
by the Institute of Transportation Engineers, Third Edition, 1982.
| |||
[1]
Note: G.S.B.L.A. = Gross Square Feet of Building Area.
G.S.F.L.A. = Gross Square Feet of Leasable Area.
[Ord. 275, 2/9/2000; as added by Ord. 307, 3/27/2006, § 4;
and as amended by Ord. 320, 6/27/2007, § 3]
1.
Purposes. In addition to serving the overall purposes of this Chapter,
this Section is intended to:
2.
Applicability.
A.
This Part allows the number of dwelling units that would be have
allowed on a certain lot (the "sending property") to be transferred
to result in an increased number of allowed dwelling units on a different
designated lot (the "receiving property.") the densities allowed on
the receiving property shall be determined based upon a "yield plan"
that determines the number of new dwellings that would otherwise be
allowed on the receiving property, as provided in this Part. The transfer
of development rights shall only officially occur at the time of final
approval of a subdivision or land development plan (except as provided
in Subsection 2G below). The approval of a subdivision or land development
plan shall be conditioned upon compliance with this Part.
B.
As part of a preliminary and final plan application, the applicant
shall present a draft conservation easement on the "sending property"
and a written, signed and notarized agreement by the owner of the
"sending property" acknowledging and agreeing to the application.
The conservation easement shall be drafted so that it is binding if
the "receiving property" is granted final plan approval. The conservation
easement shall be recorded at the same time as, or prior to, the final
plan for the receiving property.
(1)
If a final plan is recorded in phases, then the conservation
easement may be recorded in corresponding phases.
C.
The form of the conservation easement shall be acceptable to the
Board of Supervisors, based upon review by the Township Solicitor
and Planning Commission. The term "conservation easement" shall include,
but not be limited to, an agricultural conservation easement. In the
case of agricultural land, the standard language for an agricultural
conservation easement used by the County Agricultural Land Preservation
Board may be utilized.
D.
A receiving property shall be within the SR, PR, VC or VR Districts.
If a receiving property is within the SR, PR, VC or VR Districts,
then all dwellings on the receiving property shall be required to
be served by central water and central sewage services.
(1)
A receiving property may also be within the FF District if such
a tract is adjacent to the SR, PR, VC or VR District and all new dwelling
units will be within 1,500 feet from the SR, PR, VC or VR Districts.
E.
A sending property must be within the FF District.
(1)
See Subsection 4C regarding the amount of dwelling units that
may be transferred.
(2)
In no case shall transfer of development rights be used unless
a minimum contiguous area of 10 acres is placed in a conservation
easement at one time on the sending property.
(3)
The Township shall only allow a transfer of development rights
from one tract in the FF District to another tract in the FF District
if the applicant proves that the receiving property is not more suitable
for agriculture than the sending property.
(4)
BMC District. In addition to the sending area provisions for
the FF District, land within the BMC District may be used as a sending
area, provided the tract consists of a minimum of 10 contiguous acres,
after deleting all of the following: wetlands, 100-year floodplains
and areas with 25% or greater slope. For each 10 acres meeting such
criteria which is then preserved by a permanent conservation easement,
one dwelling unit may be built within a receiving area.
[Added by Ord. No. 393, 9/11/2019]
F.
The owners of the sending and receiving properties shall voluntarily
commit to participate in the transfer of development rights. Once
such conservation easement is established, it shall be binding in
perpetuity upon all current and future owners of the sending property.
The applicant for the receiving property is responsible to negotiate
with, and pay compensation to, the owner of the sending property for
the conservation easement. Such transaction shall occur privately,
and the value shall be determined by the private market. The Township
is under no obligation to pay the owner of the sending property.
G.
Donations or Intermediaries. The right to develop a sending property
may be purchased by or donated to the Township, the county or an established
incorporated nonprofit organization whose mission includes preservation
of agricultural land or natural features. A permanent conservation
easement shall be established on the sending property prior to any
transfer of development rights. In such case, the right to develop
such dwelling units may be held by such government or organization
for a maximum of five years, before being used on a receiving property(ies).
Otherwise, the right to use the transferred dwelling units shall expire,
while the conservation easement shall remain in effect.
3.
Definitions.
A.
Receiving Property. A lot(s) that is approved to permit a higher
density and/or smaller lots than would otherwise be permitted as a
condition of the restriction of development on sending property.
B.
Sending Property. A lot(s) or portion of a lot that is restricted
by a conservation easement or farmland preservation easement as a
condition of approval of a higher density on the "receiving property"
than would otherwise be permitted.
4.
Determination of Density.
A.
A yield plan shall be submitted by the applicant to determine the
number of new dwelling units that otherwise would be lawfully allowed
to be constructed on the receiving property under Township regulations
without use of transfer of development rights. Such yield plan shall
show proposed development at a level of detail typically found in
a sketch plan, including showing potential lots and roads. Such yield
plan shall accurately show lot boundaries, steep slopes, one-hundred-year
floodplains, wetlands and rights-of-ways and easements that limit
development.
(1)
Detailed septic percolation tests are not required for such
yield plan, but new septic systems shall not be assumed to be possible
in areas with severe soil and slope limitations.
(2)
This Subsection A(2) shall apply if a total of more 50% of the sending parcel includes any of the following features: one-hundred-year floodplains, electric overhead transmission rights-of-way or easements of 35 kilovolts or greater, pipeline rights-of-way easements, wetlands, or slopes greater than 15%. If such condition applies, then 50% of all such areas shall be deleted from the lot area of the sending property before determining the number of dwelling units that may be transferred to the receiving property.
(a)
For example, in the FF District, if a sending property includes
100 acres, and 60 acres are comprised of constrained lands as described
above, then for the purposes of calculating transfer of development
rights, the acreage shall be equal to 70 acres (40 acres of unconstrained
land plus 50% of 60 acres of constrained land). The 70 acres shall
then be divided by 2.25 acres to determine the number of dwelling
units that may be transferred to a receiving property, based upon
Subsection 4C below.
B.
Such yield plan shall be reviewed by the Zoning Officer, with advice
by the Township Engineer, to determine whether it represents a reasonably
accurate estimate of the number of dwelling units possible on the
land, both physically and legally. If such estimate is determined
to not be accurate, the applicant shall be required by the Zoning
Officer to revise such yield plan until it is accurate.
C.
Based upon the yield plan, the Township may approve the transfer
of development rights to allow one additional dwelling unit to be
developed on the receiving property for each 2.25 acres of contiguous
lot area on the sending property that will be placed in a conservation
easement.
(1)
If, for example, if the sending property included 20 acres,
it would be allowed to be used to transfer eight additional dwelling
units to the receiving property (20 divided by 2.25 = 8.9). In this
example, it is assumed that the yield plan results in a determination
that 15 new dwelling units are allowed on the receiving property without
use of transfer of development rights. If the transfer of development
rights would be approved by the Township, then a maximum total of
23 new dwelling units would be allowed on the receiving property (15
plus eight = 23). This example assumes that all other requirements
are met.
(2)
The development of the receiving property shall still comply
with all other requirements of this Chapter, except that the following
requirements shall be reduced, provided the maximum overall density
for the TDR is not exceeded:
(a)
For a receiving property within the FF District, for single-family
detached dwellings:
1)
A minimum lot area of one acre shall apply, except the minimum
lot area shall be 15,000 square feet and the minimum lot width shall
be 90 feet if both central sewage and central water services are provided.
2)
A minimum average lot size shall not apply to the dwelling units
that are transferred to the FF District.
3)
The maximum building coverage shall be 25%, the maximum impervious
coverage shall be 50%, the minimum front and rear yards shall each
be 30 feet, and the minimum for each side yard shall be 10 feet.
(b)
For a receiving property within the SR District, for a single-family
detached dwelling, the minimum lot area shall be reduced from 25,000
to 15,000 square feet and the minimum lot width may be reduced to
90 feet.
(c)
For a receiving property within the PR or VR Districts:
(d)
For a receiving property within the VC District:
D.
A partial or phased transfer of the allowed dwelling units shall
also be allowed, depending upon the amount of land affected by the
permanent conservation easement.
(1)
For example, if under current zoning, five dwelling units would
be possible on the western portion of a lot and six dwelling units
on the eastern portion, the owner may choose to transfer the right
to develop five dwelling units by placing a permanent conservation
easement on the western portion. The owner would then still have the
right to develop the eastern portion under the zoning in effect at
the time of a future development application for that eastern portion.
(2)
If only a portion of a lot would be affected by the conservation
easement, the applicant shall prove that the conservation easement
would permanently preserve a contiguous area of rectangular (or similar
regular) shape that would relate to the number of dwelling units that
would otherwise be allowed on such portion of the lot.
(3)
Where a conservation easement would be established in phases
over time, each phase shall be contiguous with a previous conservation
easement, unless the applicant proves to the satisfaction of the Board
of Supervisors that there is a valid public purpose for the easement
to not be contiguous.
(4)
However, in no case shall the transfer of development rights
be used unless a minimum contiguous area of 10 acres is placed in
a conservation easement at one time.
E.
Utilities. To receive a transfer of development rights, any lot that
includes less than one acre per dwelling unit on the receiving property
shall be served by Township-approved central sanitary sewerage service
and central water service.
F.
All of the land that is preserved under the conservation easement
shall be on one lot, or multiple preexisting lots that are not subdivided
to create additional lots. The land that is preserved under the conservation
easement shall encompass the majority of the Class 1, 2 and 3 soils
on the tract, and shall be regular in shape. A sending property may
include one dwelling unit, provided that a minimum of 2.25 acres on
the sending property shall not count towards the transfer of development
of rights.
5.
Once a conservation easement is established under a transfer of development
rights, it shall be permanent, regardless of whether the receiving
property is developed. The approval to develop the receiving property
in a higher density shall be treated in the same manner as any other
final subdivision or land development approval. The Board of Supervisors
may extend time limits to complete the development of the receiving
property in response to a written request.
A.
The landowner shall also record a document in the County Recorder
of Deeds Office, in a form acceptable to the Township Solicitor and
indexed against the sending tract, describing the transfer of the
right of development and stating whether or not any further rights
of development remain for the sending tract.
6.
As part of a transfer of development rights, the development of the
receiving property shall comply with all Township requirements, except
for provisions specifically modified by this Part.
[Ord. 275, 2/9/2000; as amended by Ord. 307, 3/29/2006, § 6]
1.
This Part shall apply for any lot that includes less than 1.5 acres
of lot area and that will be served by an on-lot sewage disposal system.
Prior to the issuance of a building permit, the applicant shall submit
to the Township for review and approval, three copies of a final grading
plan drawn at a scale of one inch equals 20 feet. The grading plan
shall be sealed by the Professional Engineer or Land Surveyor responsible
for the preparation of the plan. The plan shall contain the following
information:
A.
Lot lines with bearings and distances, lot area, locations of all
existing and proposed lot corner monuments, and tax parcel identification
number for the subject property.
B.
Areas to be disturbed and within 75 feet of areas to be disturbed
shall be shown with existing and proposed contours at intervals of
one foot with sufficient spot elevations to illustrate existing and
proposed drainage patterns. On remaining areas on the lot, 50 feet
beyond the subject property, anal on adjoining streets, two-foot contours
can be shown.
C.
Spot elevations for the first floor level of any structure, primary
on-lot sewage disposal systems, dry wells (where applicable), finished
road elevations at point of entry, and any other area as deemed necessary
by the Township Engineer. The grading plan shall provide evidence
that the primary and alternative drainfield locations will be properly
drained and kept clear of improvements.
D.
North reference, building restriction lines, easements and rights-of-way
within or adjacent to the subject property.
E.
Location, size and elevations of all existing or proposed storm drainage
structures within or adjacent to the subject property.
F.
Last known names of primary owners of all adjoining property and
names of adjoining street(s).
G.
Locations of all percolation test holes and soil probes and the locations
and dimensions of primary and secondary on-lot sewage disposal areas,
where applicable.
H.
The exact location and dimensions of any proposed structure, appurtenant
structure, road or driveway, with tie-in dimensions to property line.
I.
Individual lot soil erosion and sedimentation controls in accordance
with the approved subdivision plan or current conservation district
and State Department of Environmental Protection standards.
J.
All covenants, easements and conditions from the plan of record,
if the subject property is part of an approved and recorded subdivision
plan.
K.
All information is to be based on a recent field survey, tied to
a lot benchmark which is shown on the grading plan and based upon
the subdivision plan vertical datum.
2.
The applicant, landowner and all contractors shall comply with the
lot grading plan unless a revised lot grading plan is submitted to
and found acceptable by the Township.
