Township of Cheltenham, PA Article XXVI General Regulations

§ 295-2600 Public utility corporations and municipal uses.

A. This chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation, as provided by 53 P.S. § 10619, nor shall this chapter apply to any building of the Township or extension thereof, or to the use of any premises by the Township, if the Board of Commissioners shall, after a public hearing, decide that such a building or extension thereof, or such use of any premises, is reasonably necessary for the convenience or welfare of the public, provided that any municipal recreational building or use may be established by the Board of Commissioners at any location in the Township without holding such public hearing.

§ 295-2601 Yard regulations.

A. Front yard projections. No building and no part of a building, swimming pool, carport or other structure shall be erected within or shall project into the front yard except cornices, eaves, gutters or chimneys projecting not more than 36 inches, one-story open porches projecting not more than 10 feet, steps and balconies. In the R1, R2, R3 and R4 Districts, the required front yard setback area shall be lawn area or landscaped area with the exception of one driveway per street frontage. Notwithstanding the foregoing, an awning or a canopy, as defined under Article XXIV, entitled "Signs," of this chapter, may be erected anywhere within the required front yard of any property within a commercial enhancement district as defined in the Cheltenham Township Commercial District Enhancement Plan, as approved and as amended, from time to time, by the Cheltenham Township Board of Commissioners. The maximum width of a driveway shall not exceed the lesser of 18 feet or 50% of a property's street frontage.

[Amended 6-20-2018 by Ord. No. 2371-18]

B. Side yard projections. No building and no part of a building, swimming pool, carport or other structure shall be erected within or shall project into the side yard except cornices, eaves, gutters, chimneys projecting not more than 36 inches, steps, and accessory structures as otherwise provided for in Article IV, Use Regulations.

C. Rear yard projections. No building and no part of a building, carport or other structure shall be erected within or shall project into the rear yard except cornices, eaves, gutters, chimneys projecting not more than 36 inches, and accessory structures as otherwise provided for in Article IV, Use Regulations.

§ 295-2602 Corner lots.

On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.

§ 295-2603 Prohibited uses.

A. No lot shall be used as or for a trailer camp, tourist house, nor outdoor motion-picture theater.

B. No temporary structure or shelter, such as a tent, shall be erected or placed upon any property for use as a dwelling, nor shall any motor vehicle or trailer be occupied as a habitation, dwelling or sleeping accommodation by any person or persons within the Township.

C. No building shall be erected, altered or used and no lot or premises shall be used for any trade, processing or business which is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise or which constitutes a public hazard, whether by fire, explosion or otherwise.

§ 295-2604 Bus shelters.

Bus shelters, which are structures consisting of at least two transparent walls, covered by a roof, and which are erected pursuant to agreement with Cheltenham Township for the purpose of providing temporary shelter for persons waiting for public transportation vehicles along public highways and rights-of-way or on private property open to the public, shall be exempt from the requirements of this chapter.

§ 295-2605 Open space standards.

A. Permitted uses.

(1) Central open space according to the standards below.

(2) Passive open space.

(3) Active recreation uses.

B. Open space design requirements.

(1) Open space areas will maximize common boundaries with open space on neighboring tracts as part of an effort to implement Township and county open space, recreation, and comprehensive plans.

(2) Natural features such as woodlands, meadows, and streams shall remain in their natural state, but may be modified to improve the health of the ecosystem, as recommended by experts in the particular area being modified. Permitted modifications may include reforestation, woodland management, buffer landscaping, stream bank protection, wetlands management, and riparian restoration.

C. To ensure adequate planning for operation and maintenance of common open space, preservation areas, recreation facilities, stormwater management facilities, common parking areas and driveways, private streets and any other common or community facilities (hereinafter referred to as "common facilities"), the following regulations shall apply:

(1) Preservation. Common open space shall be restricted in perpetuity from further subdivision and/or land development by deed restriction, conservation easement or other agreement in a form acceptable to the Township Solicitor and duly recorded in the office of the Recorder of Deeds of Montgomery County.

(2) Maintenance. A plan for the disposition, use, maintenance and insurance of the common open space, including provisions for funding, shall be provided to and approved by the Township Solicitor prior to preliminary plan approval. The Board of Commissioners may permit or require all or portions of common open space or common facilities be divided among one or more individual lots and may confer responsibility for maintenance of such upon the owner(s) of such lot(s).

(3) Use. Common open space shall be available for use by those having an ownership interest in the tract as developed. Portions of the common open space may be designated for use by the general public. No more than 10% of open space shall consist of stormwater management structures.

(4) Ownership. The following methods may be used, either individually or in combination, to own common facilities: condominium ownership, fee simple dedication to public agency, dedication of easements to the Township, fee simple dedication to a private conservation organization, transfer of easements to a private conservation organization and/or homeowners' association. Common facilities shall not be eligible for transfer to another entity except for transfer to another method of ownership permitted under this section, and then only where there is no change in the common facilities. Ownership methods shall conform to the following:

(a) Condominium. Common facilities shall be controlled with condominium agreements. Such agreements shall be approved by the Township Solicitor and be in conformance with the Uniform Condominium Act of 1980.[1] All land and facilities shall be held as common element.

[1] Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

(b) Fee simple dedication to a public agency. The Township, or other public agency acceptable to the Township, may, but shall not be required to, accept any portion 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, provided that:

[1] Any common facilities 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) Transfer of easements to a public agency. The Township or other public agency acceptable to the Township may, but shall not be required to, accept easements for public use of any portion of the common facilities, title of which is to remain in private ownership, provided that:

[1] Any common facilities 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) Fee simple dedication to a private conservation organization. Any owner may dedicate any portion of the common facilities to a private conservation organization, provided that:

[1] The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.

[2] This conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.

[3] A maintenance agreement acceptable to the Township is established between the owner and the grantee, in accordance with Subsection C(4)(g), Maintenance and operation of common facilities.

(e) Transfer of easements to a private conservation organization. Any owner may transfer easements on common facilities to a private conservation organization, provided that:

[1] The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence.

[2] This conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions.

[3] A maintenance agreement acceptable to the Township is established between the owner and the grantee, in accordance with Subsection C(4)(g), Maintenance and operation of common facilities.

(f) Homeowners' association. Common facilities shall be held in common ownership by a homeowners' association, subject to all the provisions set forth herein and in § 705(f) of the Pennsylvania Municipalities Planning Code.[2] In addition, the homeowners' association shall be governed according to the following:

[1] The owner or applicant shall provide to the Township a description of the organization, including its bylaws, and all 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 shall be mandatory for all purchasers of dwelling units therein and their successors and assigns.

[4] The organization shall be responsible for maintenance of and insurance on common facilities.

[5] The members of the organization shall share equitably the costs of maintaining, insuring and operating common facilities.

[6] The owner or applicant for any tract proposed to contain 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 not utilized, the organization shall be responsible for applicable real estate taxes on common facilities.

[7] Written notice of any proposed transfer of common facilities by a homeowners' association or the assumption of maintenance for common facilities shall be given to all members of the organization and to the Township no fewer than 30 days prior to such event.

[8] The organization shall have or hire adequate staff, as necessary, to administer, maintain and operate common facilities.

[2] Editor's Note: See 53 P.S. § 10705(f).

(g) Maintenance and operation of common facilities.

[1] The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance and operation of common facilities. Said plan shall:

[a] Define ownership.

[b] Establish necessary regular and periodic operation and maintenance responsibilities.

[c] Estimate staffing needs, insurance requirements and associated costs and define the means for funding the same on an ongoing basis.

[d] During the first year following final plan approval, the applicant may be required to escrow sufficient funds for the maintenance and operation of common facilities for up to one year.

(h) Failure to maintain facilities.

[1] In the event that the organization established to own and/or maintain common facilities, or any successor organization thereto, fails to maintain all or any portion of the aforesaid common facilities 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.

[2] Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this chapter, in which case the bond, if any, may be forfeited, and any permits may be revoked or suspended. The Township may enter the premises and take corrective action.

[3] The costs of corrective action 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.