Part 9 GENERAL REGULATIONS

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: decks, patios; steps and similar landings; buttresses; chimneys; cornices; piers or pilasters; unenclosed fire escapes, and access ramps for physically handicapped persons. 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:

The Zoning Officer reviews and approved the proposal; and

The ramp design represents the minimum projection necessary into the front yard.

On properties used or zoned for nonresidential purposes 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. Similarly, on properties used or zoned for nonresidential purposes only, an awning or movable canopy may project into required front yard, but shall not be closer than five feet from the front lot line or street right-of-way line, whichever yields the greater setback requirements.

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. A flag pole may be located in any front, side, or rear yard area, provided it is set back at least 10 feet from the lot line.

Structures for which the location on the lot is determined by the function being performed, e.g., driveways, sidewalks, retaining walls, and stormwater management basins, may be located within required yard areas. Such structures shall be designed and located so as to minimize disturbance to adjacent properties. Fences and walls shall be located and designed in accordance with the terms of § 27-907.

Corner Lots. A front yard, as provided for in the lot area, bulk, and coverage requirements for the district in which the lot is located, shall be required along each street on which a corner lot abuts. The rear yard shall be that yard which is opposite the yard toward which the building front faces. Accessory buildings shall be located behind the setback lines of both streets.

Minimum Lot Width. Notwithstanding the provisions of § 27-916 related to flag lots, each lot in any district shall have a width at the street line of not less than 60% of the required lot width at the building setback line.

Height Restrictions.

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.

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.[1]

Editor's Note, Former Subsection C(7)(c), regarding special exceptions, which immediately followed this subsection, was repealed 7/10/2019 by Ord. No. 197-2019.

Setback Requirements for Livestock and Poultry Structures. Any structure used for the raising, keeping or breeding of livestock or poultry shall not be less than 60 feet from any lot line; provided, however, that the setback distance shall be increased to 100 feet when the structure houses livestock in excess of 10 animals or poultry in excess of 100 birds.

[Added by Ord. No. 197-2019, 7/10/2019]

§ 27-903 Vision Obstruction.

[Ord. No. 196-2018, 9/12/2018]

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 other streets or driveways.

On a corner lot, nothing shall be erected, placed, or allowed to grow which dangerously obscures the view within a clear sight triangle defined by the following:

Above the height of 30 inches and below the height of 10 feet, measured from the centerline grades of the intersecting streets.

§ 27-904 Federal and State-Owned Property.

Within the area bounded by the center lines of intersecting streets and a line joining points on these centerlines at least 75 feet from the intersection of the centerlines of such streets.

[Ord. No. 196-2018, 9/12/2018]

Whenever federal or state-owned property is included in one or more zoning districts, it shall be subject to the provisions of this Chapter to the extent permitted by the Constitution and laws of the United States of America and the Commonwealth of Pennsylvania.

§ 27-905 Performance Standards.

Air Quality; Emission of Dust, Dirt, Fumes, Vapors, and Gases.

The emission of dust, dirt, fly ash, fumes, vapors, or gases which can cause damage to human health, to animal, or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission is prohibited.

There shall be no emission of smoke, ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in the Standards for Contaminants (25 P.S. § 123) and the Ambient Air Quality Standards (25 P.S. § 131.3), and Pennsylvania Department of Environmental Protection, Rules and Regulations.

Visible air contaminants shall comply with the Pennsylvania Department of Environmental Protection, Rules and Regulations.

No user shall operate or maintain or be permitted to operate or maintain any equipment or device which will discharge contaminants to the air of quality or quantity which will violate the limits prescribed herein and by the Pennsylvania Air Pollution Control Laws, unless the user shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this Chapter.

No commercial or industrial user shall cause, allow, permit, or maintain any bonfire, junk fire, refuse fire, salvage operations fire, or any other open fire within the Township, and shall be in accordance with any state regulations.

The ambient air quality standards for the Commonwealth of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines.

The prohibition established in Subsection A(1), above, shall not be applied to agricultural operations on properties within the Township when otherwise compliant with state or federal laws or operating with valid licenses and permits.

Fire and Explosion Hazards.

All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania.

All buildings and structures and activities within such buildings and structures shall conform to applicable Township codes and ordinances. Any explosive material shall conform to the requirements of Pennsylvania Department of Environmental Protection, Rules and Regulations, for storing, handling and use of explosives.

Glare and Heat.

No direct or sky-reflected glare from high temperature processes, such as combustion, welding or otherwise, shall be permitted beyond the lot line on which the activity is situated. These regulations shall not apply to signs or floodlighting of parking areas or surveillance, security, or safety lighting otherwise in compliance with § 27-913 of this Chapter.

No floodlighting or high-intensity lighting, except for surveillance, security, safety lighting shall be permitted in the A, RC, NR or MUR Districts after 10:00 p.m. prevailing time.

There shall be no emission or transmission of heat or heated air discernible beyond the lot line on which the activity is situated.

Waste Disposal. There shall be no discharge at any point into any public or private sewage system, or watercourse, or into the ground, of any liquid and solid waste materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of Township and Pennsylvania Department of Environmental Protection, Rules and Regulations, or other applicable state and federal laws, rules, and regulations.

(Reserved)

Odor. No uses, except agricultural operations, shall emit odorous gases, or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system in order that control will be maintained if the primary safeguard system should fail.

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible by a normal individual by such direct means as, but not limited to, sensation by touch or visual observation of movement without the aid of instruments beyond the lot lines.

Electrical, Radio, and Electromagnetic Disturbance.

There shall be no radio or electrical disturbance, except from domestic household appliances, adversely affecting the operation of any equipment at any point other than equipment belonging to the creator of such disturbance.

No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception from off the lot on which the activity is conducted.

Radioactivity.

There shall be no activities which emit dangerous levels of radioactivity at any point.

No operation involving radiation hazards shall be conducted which violates federal regulations and standards. In addition, any proposed use which incorporates the use of radioactive material, equipment or supplies, shall be in strict conformity with Pennsylvania Department of Environmental Protection, Rules and Regulations, or other applicable state and federal laws, rules, and regulations.

Electrical, Diesel, Gas or Other Power. All uses requiring power shall be operated so that the service lines, substation, or other structures and equipment shall conform to the most acceptable safety requirements recognized by the Pennsylvania Bureau of Labor and Industry, and shall be constructed to be an integral part of the buildings with which it is associated. If visible from adjacent residential lots, it shall be screened in accordance with § 27-908C.

Water Use. All public water requirements shall be reviewed and approved by the Honey Brook Borough Water Authority or Aqua Pennsylvania, depending on the service area applicable to the subject lot or parcel seeking approval under the provisions of this Chapter.

Ground and Water Contamination. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred 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.

General Public Health and Safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety, or be detrimental to the proper use of the surrounding area.

§ 27-906 Outdoor Storage and Display.

[Ord. No. 196-2018, 9/12/2018]

Outdoor storage of all man made materials in excess of 30 days shall be screened from view of public rights-of-way and adjacent residential uses. Screening shall consist of continuous evergreen plantings and/or include an architectural screen.

All organic refuse or garbage shall be stored in tight, vermin-proof containers. In multifamily developments of greater than 10 units, or commercial or industrial developments, garbage storage shall be centralized to expedite collection and enclosed on three sides by screening or plantings.

Unless otherwise permitted by this Chapter, no more than one vehicle without a license or without proof of inspection shall be stored outside per lot.

Outdoor storage and display areas shall occupy an area of no more than 1/2 of the allowed impervious coverage in the district in which they are located, unless otherwise provided by this section.

[Amended by Ord. No. 197-2019, 7/10/2019]

No outdoor storage or display of merchandise, articles, materials, goods or equipment shall be permitted beyond the front lines of the building, within the required yard areas, street right-of-way, parking areas, sidewalks, or other areas intended for pedestrian or vehicular use, except in the case of a sidewalk sale, garage sale, flea market, or public auction, or as permitted for commercial uses per Subsection G below, or for commercial and industrial uses per Subsection H, below.

Residential Outdoor Storage.

On all residential lots, irrespective of the zoning district, recreational vehicles, trailers designed for use as vacation travel trailers, boats, and boat trailers shall only be parked or stored in a carport or enclosed building, or within a rear yard or side yard, and shall be located no closer to a property line than the required setback lines for accessory uses for the applicable district; provided, however, that such vehicle may be parked anywhere on the lot for a period not to exceed 48 hours during loading and unloading. There shall be a maximum of two such vehicles stored on any property unless stored inside an enclosed building. No such vehicle shall be used for dwelling purposes, nor be connected to any utilities other than electric, when parked or stored on any residential lot.

[Amended by Ord. No. 197-2019, 7/10/2019]

The use of unlicensed trailers and intermodal shipping containers for long-term storage shall be prohibited on any residential lot.

Storage within the front yard of any residential lot is limited to the use of temporary structures, buildings, or uses, per the requirements of § 27-1003Q.

Outdoor Display for Commercial Uses. Outdoor display of merchandise available for retail sale as part of a permitted commercial use may be permitted as follows:

Outdoor display of salable merchandise shall occur only during regular business hours of the use in question and all materials and products that are displayed outdoors shall be moved indoors, or to a screened outdoor storage area located behind the front building wall, at the close of business and during nonbusiness hours.

Display of saleable merchandise in front of a commercial use on public sidewalks shall be permitted where there is an area of not less than four feet in width of a linear pathway of clear sidewalk free of all outdoor display of merchandise and available for safe pedestrian travel. This area shall remain free and clear of all outdoor display of salable merchandise. The remainder of the public sidewalk outside of this area may be available for outdoor display of salable merchandise.

Outdoor display of saleable merchandise shall not be placed within required parking areas or spaces, shall not be located as to interfere with pedestrian or vehicular traffic, and shall not be displayed in a manner as to interfere with or provide a potential hazard or distraction to automotive traffic. The outdoor display of merchandise shall not interfere with the sight lines of traffic, as per § 27-903, and shall not impair the visibility of any signage.

Merchandise shall not be displayed outdoors in a manner that will result in the merchandise falling into the street or required area of clear sidewalk, or blowing, spilling, or otherwise becoming hazardous or a public nuisance.

Any merchandise that is placed on the public sidewalk or right-of-way in violation of this Section or that otherwise constitutes a public hazard may be removed by the Township with or without notice to the owner.

No merchandise shall be displayed outdoors that is pornographic, of an adult use in nature, or has explicit depictions of violence.

Outdoor display of saleable goods in the rear yard of commercial uses shall be unrestricted but shall conform to applicable provisions in this Chapter.

(8)

Products in connection with adult commercial uses shall not be displayed outdoors.

Outdoor Storage for Commercial and Industrial Uses.

Outdoor storage facilities for fuel, raw materials and all such products shall be permitted only when enclosed with an approved safety fence of adequate sufficient construction and compatible with the use, buildings, and landscaping on the lot. Such materials or product shall be stored to a maximum height of 15 feet, and such areas shall be included in the calculation of total impervious surface area of a site. In addition to a fence, bulk storage tanks shall be enclosed by a berm to contain potential spillage.

No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following which shall meet the National Fire Code:

Tanks or drums of fuel connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve.

Tanks or drums for storage of not more than 300 gallons of fuel oil (other than that used for home heating) or gasoline or diesel fuel, provided such tanks are located no closer than 25 feet to any building or lot line or 50 feet from any street line.

For any permitted commercial or industrial use, storage of materials, equipment or vehicles, but not including parking and similar activities, shall generally be carried on within a building and shall meet the provisions of this Section and other applicable regulations of this Chapter, except that additional outdoor storage and display area for such uses may be authorized by the Township where all of the following conditions are met:

The commercial or industrial use involved traditionally employs long-term outdoor storage including uses such as lumber yard, junkyard, nursery/greenhouse, and automobile retail sales.

Such storage is needed for the successful operation of the use.

The proposed site is suitable for outdoor storage.

The applicant can demonstrate that indoor storage is not practical.

The storage shall be located outside of required yard areas, off-street parking areas, and off-street loading areas.

The storage shall comply with all applicable setback requirements and shall cover only that percentage of total lot area which is deemed practical and feasible in the opinion of the Zoning Officer.

The storage areas shall be located and designed so as not to interfere with the operation and function of stormwater management facilities, including all basins, drainage swales, and water quality measures.

§ 27-908 Buffering, Screening, and Landscaping.

No intermodal shipping containers shall be stacked on a lot or parcel.

(i)

The storage area shall be screened from view from any adjoining residentially zoned property or existing residential uses by buildings, walls or an effective buffer, as required by §§ 27-907 and 27-908 of this Chapter.

(j)

Any establishment which furnishes shopping carts as an adjunct to shopping shall provide definite areas within the building and parking area for storage of said carts. Each designated storage area shall be enclosed by a barrier at least as high as the height of the handles on a shopping cart, and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors, or otherwise secured during nonoperating hours.

§ 27-907 Fences, Walls and Hedges.

[Ord. No. 196-2018, 9/12/2018]

Fences, walls, and hedges that are in conformance with this Chapter and other applicable ordinances are allowed. Fences and walls shall be constructed within the property lines of the lot being enclosed by such fence or wall.

Fences and walls may be erected, altered, and maintained within the yards, excluding required buffer yards, provided that any such fence in the front yard shall not exceed four feet in height; and any fence or wall in the side or rear yard shall not exceed six feet in height, except as permitted in this Chapter. Retaining walls, constructed for the express purpose of holding back or supporting earth, shall be exempted from said height provisions. A fence designed specifically for the containment or exclusion of deer or similar wildlife, is permitted to exceed the six-foot height maximum provided the height of such fence shall not exceed 12 feet.

A fence shall have the finish side facing adjacent properties.

Any fence, wall, or hedge shall be constructed, allowed and maintained in a manner pursuant to § 27-903 of this Chapter.

[Ord. No. 196-2018, 9/12/2018]

All uses developed subsequent to adoption of this Chapter, as amended, shall comply with the buffer and screening requirements of Chapter 22 of this Code (the Subdivision and Land Development Ordinance).

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 plant material required by this Chapter and/or agreed to by the applicant as part of plan approval shall be maintained in perpetuity.

Any use or activity proposed as part of a subdivision or land development shall further comply with the requirements for shade trees, street trees, and other landscaping components stipulated in the Township Subdivision and Land Development Ordinance [Chapter 22].

Plant materials shall be chosen to prevent soil erosion and subsequent sedimentation. For the purposes of promoting disease resistance, minimum maintenance, diverse natural plan 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.

Landscaping of off-street parking areas shall comply with the requirements of Chapter 22 of this Code.

§ 27-909 Off-Street Parking Standards.

Statement of Intent. It is the intent of this Part to establish appropriate standards for the amount, location, and design of off-street parking and loading areas associated with the various land uses permitted by this Chapter. These standards are further intended to:

Increase public safety and diminish the potential for on-street traffic congestion through requirements designed to achieve safe access and traffic circulation patterns for vehicles and pedestrians.

The standards also seek to prevent the creation of excessive amounts of impervious surface.

General Requirements.

Applicability. Off-street parking facilities shall be provided whenever:

A building is constructed or a new use is established.

The use of an existing building is changed to a use requiring more parking facilities, as determined by this Part.

An existing building is altered so as to increase the amount of parking space required, as determined by this Part.

Increased Parking Demand. When any building or structure undergoes a change of use or any increase in the number of dwelling units, employees, gross floor area, seating capacity, or other unit of measurement specified hereinafter as a means for determining required off-street parking or loading facilities, and when such a change or increase would, through application of the provisions of these standards, result in a requirement for greater total off-street parking or loading spaces, such off-street parking or loading facilities shall be increased to equal or exceed the off-street parking or loading requirements resulting from application of the provisions of these standards to the entire building or structure, as modified in use or capacity.

Use of Residential Parking Facilities.

[Amended by Ord. No. 197-2019, 7/10/2019]

Parking on residential lots in any district shall be solely for passenger vehicles, with the exception that vehicles utilized for business purposes of an occupant of the dwelling may be parked on such lot, provided that such vehicles may not be a commercial vehicle, except as permitted in Subsection B(3)(b) below, and no business is conducted on the property. All other business uses of the property, including vehicle parking, are subject to the requirements for home occupations and rural occupations. The outdoor parking of commercial vehicles is prohibited on all residential lots, unless specifically authorized as part of a home or rural occupation or as authorized in Subsection B(3)(b) below. Vehicles such as moving vans, construction vehicles, delivery vehicles, and similar vehicles may be parked temporarily outside buildings on the property during the active conduct of business involving such vehicles and serving the property. See § 27-906F above for parking/storage requirements for recreational vehicles.

On residential lots with a gross lot area of at least two acres, the parking of one commercial vehicle shall be permitted, provided the following criteria are all met:

The vehicle may only park in the side or rear, not front, yard of such lot.

The vehicle shall park no closer than 40 feet to any adjoining lot line.

The vehicle must be parked on an improved, mud-free surface, such as stone or asphalt.

Adequate driveway entrance improvements exist to ensure there is sufficient turning radius for such vehicle to enter and exit public roadways without traveling onto the unpaved shoulder of such roadways or other private property. Truck turning radius plans may be requested by the Township to demonstrate compliance with this section.

The vehicle may not be a garbage truck, roll-off dumpster truck, or the trailer part of a tractor trailer.

No area within an attached or detached garage accessory to an individual dwelling unit shall be included in calculating the area needed to meet the minimum off-street parking requirements of this chapter.

Repair, Service, or Sales Use of Parking Facilities. It shall be unlawful to utilize any required off-street parking or loading facilities for motor vehicle repair work, service, display, or sales of any kind, except as expressly permitted elsewhere in this Part.

All required off-street parking facilities shall be provided and maintained for as long as the use which they are designed to serve remains in existence.

Location.

All parking spaces shall be on the same lot or tract as the principal building which they serve, although parking shared between compatible commercial and industrial uses is both allowed and encouraged, pursuant to the provisions of Subsection C(5) below.

No parking or paved area, except for permitted driveways, accessways, or on-street parking, shall directly abut a street. Each such area shall be separated from the street by a curb, planting strip, wall, or other suitable barrier against vehicles.

A garage may be located wholly or partly inside the walls of the principal building, attached to the outer walls, or detached. A detached garage shall conform to the requirements in § 27-1003 of this Chapter.

Parking areas may occupy no more than 50% of any front yard, and shall not occupy any part of the front yard for uses allowed pursuant to § 27-502A(3).

Shared Parking Facilities Between Uses. The number of required parking spaces for multifamily residential and certain other nonresidential uses required by this Chapter may be modified when authorized by special exception by the Zoning Hearing Board and shall be in accordance with § 22-617 of the Township Subdivision and Land Development Ordinance. A maximum of 50% of parking spaces required for theaters and other uses normally operated during evening hours, multifamily dwellings, and religious uses, may be provided and shared with banks, offices, certain retail stores, repair shops and other uses normally not in use, open or operating during evening hours; beyond normal business hours of 8:00 a.m. prevailing time and 5:30 p.m. prevailing time.

Size.

The size of a parking space for one vehicle shall be not less than nine feet by 18 feet.

If continuous curbs are used as wheel stops, the size of parking spaces may be measured as two feet less in length than otherwise required. In such instances, the parking layout should allow for the vehicle to overhang the curb by two feet; such overhang area must be clear of all obstructions (signs, trees, sidewalks, paths, etc.) and may not be regarded as required landscaped area or pedestrian circulation space.

Design and Maintenance Standards.

Compliance with the following standards shall be required by the Township for any off-street parking area serving a multifamily residential or nonresidential use with a minimum required capacity of five parking spaces:

The design and maintenance of off-street parking areas shall be consistent with the requirements in § 22-617.

Lighting shall be provided to illuminate any off-street parking spaces to be used at night.

Lighting facilities shall comply with the requirements of § 27-913 of this Chapter.

Parking area landscaping and screening shall be consistent with the requirements of § 22-629.6.

Handicapped Parking. The provision of handicapped parking facilities shall be in compliance with the applicable standards of the Americans with Disabilities Act of 1990 (ADA) and any subsequent amendment thereto.

Schedule of Required Parking.

The following shall be the minimum number of off-street parking spaces required for each land use, activity, building, or structure permitted by this Chapter, except that, where parking requirements are specified under the standards for a particular use in Part 10, those requirements shall prevail. When the determination of the number of off-street parking spaces results in a requirement of a fractional space, the number of spaces required shall be the next highest whole number. Parking spaces required on the basis of building floor area shall apply to gross leasable area as defined by this Chapter, unless otherwise specified. Parking spaces required on an employee basis shall be based on the projected maximum number of employees on duty or residing, or both, on the premises at any one time, which would include any overlap of employees at a change of shift. Proposed parking areas which are greatly in excess of those required hereunder shall be discouraged.

Residential and Lodging Uses.

Single-family and Two-family Dwellings; Quadraplex Dwellings. Two parking spaces for each dwelling unit.

Multifamily Residential Dwellings; Mobile Home Park.

Two and one quarter parking spaces for each dwelling unit.

The required parking for apartments designed for and exclusively occupied by individuals over the age of 60 may be reduced to one parking space per dwelling unit with the specific approval of the Board of Supervisors.

Hotel, Motel, Inn. One and two-tenths parking spaces for each sleeping room or suite offered for tourist accommodation. Additional parking spaces shall be provided, equal to 60% of that which is required by this Section, for restaurants or places of assembly which are available for use by the general public but are located within the hotel or inn.

Bed-and-Breakfast Establishment. One space for each guest room, in addition to the required spaces for the existing dwelling.

Personal Care Home. One and one-half parking spaces for every two resident clients, plus one space for each staff member during the most heavily staffed shift.

Life Plan Community.

Independent Dwelling Units. One and one-half spaces for each independent dwelling to be used primarily by the residents of such units, plus one space for every five independent dwelling units to be used primarily by visitors to such units. For the purposes of calculating parking requirements for single-family units, a garage shall not be considered a parking space.

Apartment Housing Units. One and one-half spaces for each dwelling unit in apartment housing to be used primarily by the residents of such units and their visitors.

[c]

Skilled Nursing Facilities and Personal Care Facilities. One space for every four beds in skilled care and personal care facilities.

[d]

Staff Parking. One space for each staff doctor.

[e]

Employee Parking. One space for each employee working on the largest shift.

[7]

Treatment Center. One space per three patient beds, plus one space per employee.

[8]

Elder Cottage Housing Opportunity (ECHO). One space for each ECHO unit.

[9]

Accessory Dwelling Unit. Two spaces per dwelling unit.

Retail and Service Uses.

Retail Businesses, including Planned Mixed-Use Commercial Development, or shopping center.

Parking or storage spaces for all vehicles used directly in the conduct of such business, plus six parking spaces for each 1,000 square feet of gross leasable area and one space for the equivalent of every two full-time employees.

Where a shopping center or other single retail use will provide over 25,000 square feet of gross leasable area, exclusive of uses otherwise separately scheduled herein such as restaurants, supermarkets, or offices, five parking spaces per 1,000 square feet of gross leasable area, plus parking for vehicles used directly in the business and one space for the equivalent of every two full-time employees.

[c]

For a convenience store, auto/truck service station, or nonretail/membership-only gasoline station, one parking space per 100 square feet of gross leasable area, plus one space per employee.

Recreation Centers, Swimming Pools, Skating Rinks, and Other Public or Private Recreation and Amusement Facilities. One parking space for every three customers (or patrons), computed on the basis of maximum servicing capacity at any one time, as shall be determined by the Township, plus one additional space for every two persons regularly employed on the premises at a peak period of use. Specific provisions over and above this standard may be required for uses, such as movie theaters, involving successive changes of patrons with a corresponding overlap in parking required.

Banks and Related Retail Financial Service Organizations. One parking space per 75 square feet of floor area devoted to customer service and related circulation, plus parking for the balance of the facility used for office purposes at a ratio of one parking space per 225 square feet of gross leasable area.

Restaurant, Tavern, or Similar Use. One space per two seats or one space per 100 square feet of total floor area, whichever is greater.

Fast Food Restaurant or Food Stand. Twenty-four parking spaces for every 1,000 square feet of gross leasable area, plus two parking spaces for every three employees. Fast food restaurants providing drive-through window service shall be sited in such a manner that at least 10 vehicles can stand in line awaiting such service without blocking access to otherwise required parking spaces.

Auto, Truck, Farm, etc., Sales, Service, and Repair Facility. Parking or storage space for all vehicles used directly in the conduct of the business, plus three spaces for each service bay or similar facility, and one space for every two persons employed on the premises.

[7]

Grocery Store or Supermarket. Seven spaces per 1,000 square feet of gross leasable area, unless part of a shopping center containing an additional 25,000 square feet or more of retail space, in which case this requirement shall be considered to be met through compliance with the overall shopping center requirements, as stipulated in § 27-1047.

[8]

Funeral Home. One space for every four seats available for persons attending memorial services or one space for every 50 square feet of gross leasable floor area, whichever is greater.

[9]

Day-Care Facility. One space per employee, plus one unloading space per 10 children or adult clients.

[10]

Kennel. One space per employee, plus one space per 25 animals of holding capacity.

[11]

Laundromat. One space per 100 square feet of gross leasable area.

[12]

Veterinary Office or Clinic. Four spaces per veterinarian on duty, plus one space per employee.

[13]

Car Wash. Three stacking spaces per bay, plus two drying spaces per bay.

[14]

Mini-Warehouse (Self Storage). One space per employee and an additional one space for each 20,000 square feet of enclosed storage area.

[15]

Crematorium. One space per employee, plus two visitor spaces.

[16]

Contractor Shops. One space per each vehicle utilized for the business (i.e., company vehicles), plus one space per employee on the greatest shift, plus one additional visitor space for every 250 square feet of office area accessible to the public.

[Added by Ord. No. 197-2019, 7/10/2019]

Offices.

General Offices. One parking space per 250 square feet of gross leasable area for business, professional, governmental, or institutional offices, including associated storage areas for files, equipment, or office supplies, but excluding medical or dental offices.

[Amended by Ord. No. 197-2019, 7/10/2019]

Medical or Dental Offices or Clinics. One parking space per 150 square feet of gross leasable floor area, including associated storage areas for files, equipment, or medical supplies.

Industrial and Warehouse Uses.

Wholesale Agricultural Produce Sales and Stockyard. One parking space for each employee on the shift of greatest employment plus one space for every 500 square feet of gross leasable area intended for nonemployee customer access.

Quarry, Junkyard, Municipal Landfill, Commercial Use of Water Resources, Concentrated Animal Feeding Operation, or Public Utility Building. One parking space for each employee on the shift of greatest employment, or one space for every 500 square feet of gross floor area, whichever is greater.

Warehouse or Wholesale Distribution. One and one-half parking spaces for every employee on the shift of greatest employment.

Winery, Brewery, Microbrewery, Distillery, Microdistillery. One parking space for each employee on the shift of greatest employment; however, if a retail component (tasting room, restaurant, retail sales) is offered, then additional parking spaces shall be required in accordance with the standards of § 27-909 for a retail business or restaurant, as applicable.

[Added by Ord. No. 197-2019, 7/10/2019]

General Places of Assembly. All theaters, auditoriums, churches, and other similar places of assembly, including those associated with public or private educational institutions, shall provide at least two parking spaces per five seats of the assembly or meeting space at maximum capacity. The maximum capacity shall be determined as allowed by applicable Fire Code or Building Code standards.

Schools.

Private Vocational or Similar Adult Trade School or Training Center. One space per student.

Elementary School, Nursery School, Day-Care Center. One space per 15 students.

Middle or Junior High School. One space per 10 students, plus one space per 10 fixed seats in an auditorium.

High School. One space per four students plus one space per 10 fixed seats in an auditorium.

Miscellaneous Uses.

Libraries, Museums, and Similar Uses. Parking or storage space for all vehicles used directly in the operation of such establishment, plus four parking spaces for each 1,000 square feet of total floor area.

Private Clubs, Lodges, or Other Organizations of a Fraternal, Civic, Union-Related, Religious, or Similar Nature. One parking space for each four members, or one space per 50 square feet used for assembly, dining, meetings, or other specific use of the club facilities, whichever is greater, plus one additional parking space for every two persons regularly employed on the premises.

Research and Development Facility. One parking space per 350 square feet of gross leasable area occupied by research and development uses such as laboratories and testing facilities.

Golf Course. Four spaces per tee, plus one space per employee.

Bus Station, Airport, or Heliport. As deemed appropriate by the Board of Supervisors during review and approval of a land development application.

Emergency Services Station.

Without community room: four spaces per emergency vehicle.

With community room: two spaces per emergency vehicle, plus two spaces per 100 square feet of floor area in the community room.

[7]

Equestrian Center. One space per two stalls available for boarding horses, plus one space per nonresident employee.

[8]

Cemetery. One space per four visitors, based on maximum projected visitation, plus one space per employee.

[9]

Limited-Impact Home Occupation. One space for any home occupation, plus one space for each nonresident employee, in addition to parking required to serve the dwelling unit.

[10]

Rural Occupation. One space per nonresident employee, plus one space for every 200 square feet of retail space.

Other Uses. The Zoning Officer shall determine with which of the preceding categories of parking regulation any unlisted use shall comply.

[Added by Ord. No. 197-2019, 7/10/2019]

Parking Reserve Area.

If the number of spaces required in Subsection G, above, is greater than 125% of the number anticipated by the applicant, reserve parking may be used in accordance with the following criteria:

Suitable area must be available on the site to meet the parking required in Subsection G of this Section.

The total number of spaces required under this Section may be reduced up to 50% by the Board of Supervisors, upon recommendation of the Planning Commission.

All stormwater controls shall be engineered and constructed based on total parking requirements, including the reserve.

Suitable and sufficient area must be reserved for the balance of the total number of spaces required by Subsection G of this Section. Whenever a parking capacity problem is identified, the Board of Supervisors may require installation of additional parking spaces, upon recommendation of the Planning Commission.

Parking capacity will be reevaluated by the Zoning Officer should any change occur in the use, ownership, size of building, or number of residents or employees. Following reevaluation, the Board of Supervisors may require the construction of additional parking spaces, up to the maximum required by Subsection G, upon recommendation of the Planning Commission.

The Zoning Officer may deny or revoke the use and occupancy permit of any use that fails to comply with this provision.

The applicant shall provide a financial guaranty to cover the cost of engineering and installation of the reserved parking spaces, for a period of 60 months following installation of the initially constructed spaces. The type and amount of the guaranty must be approved by the Board of Supervisors upon recommendation of the Township Engineer.

To qualify for use of the reserve parking concept, the applicant shall provide evidence supporting reduced parking needs to the Planning Commission for their review and recommendation.

§ 27-910 Off-Street Loading.

[Ord. No. 196-2018, 9/12/2018]

The intent of these provisions is to provide adequate loading areas for permitted structures and uses and reduce traffic congestion. Off-street loading for uses, buildings, or structures that require the distribution or receipt of materials or goods by trucks or similar vehicles shall provide a sufficient number of off-street loading and unloading spaces for the intended use as follows.

Applicability. Off-street loading areas shall be provided whenever:

A new structure is constructed or new use established in an existing structure.

The use of an existing structure is changed to a use requiring more loading.

An existing structure or use is altered or enlarged so as to increase the amount of loading spaces required.

Required Spaces. The following off-street loading and unloading requirements shall apply to all uses and structures in the Township:

Every retail store, hospital, warehouse or wholesale use, industry or manufacturing use shall have at least one off-street loading space of suitable size. Where there is an aggregate gross floor area of 20,000 square feet or more for such use, one additional off-street loading space shall be provided for each additional 20,000 square feet of gross floor area or part thereof.

Every community center or auditorium, funeral home, office, restaurant or institutional use shall have at least one off-street loading space. Where there is an aggregate gross floor area of 30,000 square feet or more for such use, one additional off-street loading space shall be provided for each additional 30,000 square feet of gross floor area of part thereof.

Where a structure or use includes more than one type of use, the number of spaces required shall be the sum of the requirements for each separate use.

Where a use is not specifically listed in Subsection C(1) or C(2) above, the requirements for the most similar use shall apply.

The number of berths may be less than that specified herein if evidence is submitted firmly documenting that the special nature of the proposed use requires less loading and unloading spaces than required by this Section.

Layout.

Location.

All loading berths shall be located on the same lot as the use served, and no portion of the vehicle shall project into any traffic lane; parking space; driveway sidewalk; or within the front, side or rear yard setbacks, except as provided in Subsection D(6), below. Loading and unloading operations, including arrival and departure, shall not interfere with traffic and pedestrian circulation on public streets or within required off-street parking areas.

Loading and unloading areas shall not be located between the building setback line and the street line, and loading facilities shall be screened in accordance with this Chapter.

All off-street loading berths shall be provided with safe and convenient access to a street or alley or from an aisle or drive connecting with a street or alley. The ingress and egress of loading operations shall not require backing into a street or lot.

Size.

For structures and uses that are served by trucks, tractor trailers, or larger vehicles, the minimum size for each loading space shall be 12 feet in width and 50 feet in length, exclusive of aisle and maneuvering space, with a minimum vertical clearance of 14 feet.

For structures and uses that are served by smaller vehicles such as vans and in which no deliveries will be made by large trucks or tractor trailers, the minimum size for each berth shall be 10 feet in width and 20 feet in length, with a minimum vertical clearance of 12 feet.

Access.

All required off-street loading spaces shall be designed with appropriate means of vehicular access to an interior accessway in a manner which will least interfere with traffic movements and shall be subject to Township approval. Areas provided for loading and unloading and for servicing of establishments by garbage collections, fuels, and other service vehicles shall be arranged that they may function without blocking or interfering with the use of the accessways, automobile parking areas, or pedestrian access.

Surfacing and Maintenance.

All loading areas shall have a dust-free surface over the entire area used by delivery vehicles for parking and maneuvering. The surface may be asphalt, concrete, oil-sealed gravel, compacted gravel, or any other dust free surfacing material approved by the Township Engineer.

All off-street loading spaces shall be constructed and maintained for as long as the structure or use for which they are designed to serve remains in existence.

Screening. All loading and circulation areas which abut a residential use or a public right-of-way shall be buffered in accordance with this Chapter.

Common Loading and Unloading Facilities. Required off-street loading spaces may be provided cooperatively for two or more uses provided the following conditions are met:

The uses being served are in the same structure.

Loading and unloading will be conducted in an existing structure or between existing structures adjacent to one another.

Lighting standards for off-street loading areas shall be in accordance with the provisions of § 27-913.

§ 27-911 Access and Traffic Control.

[Ord. No. 196-2018, 9/12/2018]

To minimize traffic congestion and hazard, control street access, and encourage orderly development of street and highway frontage, the following regulations shall apply. Every building hereafter erected or moved shall be on a lot with frontage on a public street or an improved private street, or shall have access to a public street or an improved private street. It is the purpose of the following regulations to maintain that all structures be located on lots so as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

Every building hereafter erected or moved shall be on a lot with frontage on a public street or an improved private street, or shall have access to a public street or an improved private street.

Access to all lots, whether improved or unimproved, and improvements to existing driveways shall comply with the design and construction standards as given in §§ 21-104 and 22-615.

Access Drive Requirements for Uses Other than Single-Family Dwelling or Agriculture.

Access drives for uses other than single-family dwellings or agricultural uses shall comply with the requirements of § 22-615.

§ 27-912 Interior Circulation.

[Ord. No. 196-2018, 9/12/2018]

Unless otherwise specified, the following regulations shall apply to all uses except single-family and two-family dwellings.

Access Aisles and Drives.

[Amended by Ord. No. 197-2019, 7/10/2019]

Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery, and other service vehicles shall be arranged as to prevent blocking or interfering with accessways or the use of automobile parking facilities or pedestrianways and shall have adequate turnaround surface so egress to the street is in a forward direction.

Accessways, parking areas, and loading areas shall have clearly defined parking bays and traffic circulation lanes, designated by markings, curbs, barriers and/or landscaped islands, so that operators of vehicles intending to patronize such parking areas shall not impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.

Traffic channelizations shall be planned in such a way that a main driving aisle, from which vehicles can flow off the street and into the site and parking bays, is remote from the primary building(s) so as to avoid traffic conflicts in front of the primary building(s).

Parking areas shall be designed so that a vehicle within a parking area shall not have to enter a public street to move from one location to any other location within the parking area or lot. Turnaround surface shall be provided so egress to the street is in a forward direction.

All interior drives and accessways shall have an approved all-weather surface and shall be graded, properly drained, and maintained in good condition.

Minimum width of interior circulation lane cartway within parking areas shall be in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22].

Minimum entrance and exit drive widths shall be in accordance with § 22-617.

Shared Access. Common or shared access driveways to parking and loading areas are permitted and encouraged. Landowners proposing such an arrangement shall submit a site plan and a proposed access easement indicating the extent and location of joint use; the area subject to the access easement shall be delineated on the site plan. Terms of the access easement also shall include the extent of common ownership and the method of assessing repair and maintenance costs. Common or shared access driveways to parking and loading areas are encouraged, provided landowners shall submit a site plan and recorded agreement indicating the extent of joint use and maintenance responsibility.

Fire Lane Easements.

Every use, building, or structure located on a lot shall be designed to provide safe and convenient access for emergency service vehicles. Fire lane easements may be required by the Board of Supervisors to assure access. When required, fire lane easements shall extend from a public road and have a minimum right-of-way width of 25 feet; the Board may require a right-of-way width of 50 feet where future public dedication of the easement area is seen as a possibility. The area within the easement shall be graded, maintained obstruction-free, and have sufficient stability for use by emergency vehicles. The design of such fire lane easements shall be approved by the Board of Supervisors upon the recommendation of the local fire company.

Dead-end fire lane easements shall not exceed 400 feet in length and shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum surface radius of 35 feet.

Pedestrian Circulation. The following standards shall apply to all uses, as applicable:

Pedestrian facilities like sidewalks, trails, pathways or others shall be maintained or installed as necessary and desirable to achieve the following:

Logically continue, link or expand existing pedestrian facilities on, across and abutting the site.

Provide pedestrian access to existing and planned public transportation pick up points, public parks, community facilities and commercial areas.

Provide convenient and logical walkway connections between the entrances of a principal building and its required parking spaces, preferably in conjunction with landscaped planting islands. A walkway shall be a minimum of six feet wide where it abuts the width of parking spaces where the vehicle may overhang the walkway. Alternatively, wheelstops shall be installed to prevent excessive vehicle overhang.

§ 27-913 Lighting Requirements and Design Standards.

Maximum separation of pedestrian and vehicular routes shall be encouraged for safety and well-being of pedestrians. Separation can be in the form of any one or combination of the following: horizontal distance; vertical distance (level changes, such as overpass, underpasses and embankments); street trees, landscaping, sidewalks and other barriers, such as bollards and fences.

[Ord. No. 196-2018, 9/12/2018]

Purpose. The intent of the provisions in this Section is to minimize the off-site impact of lighting while providing for lighting that is sufficient for safe use of a property, and to:

Provide adequate lighting in outdoor public places where public health, safety and welfare are potential concerns.

Protect drivers and pedestrians from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse.

Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.

Provide outdoor lighting in a manner consistent with the Township goal of retaining the rural, agricultural character.

Applicability.

Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse including, but not limited to, the following:

Parking areas of multifamily, commercial, and industrial uses.

Loading facilities for commercial and industrial uses.

At the ingress and egress of parking areas for multifamily, commercial, and industrial parking areas.

At street intersections.

The Board of Supervisors may require lighting to be incorporated for other uses or locations where personal security and safety reasons warrant, and as they deem necessary to further public health, safety, and welfare.

The glare-control requirements herein contained apply to lighting in all above mentioned uses as well as, but not limited to, sign, landscaping, and residential lighting.

Criteria.

Illumination Levels. Lighting, where required by this Chapter, shall have intensities and uniformity ratios in accordance with but not limited to the following examples:

Use/Task		Maintained Footcandles	Uniformity Avg: Minimum
(a)	Streets, local residential	0.4 Avg.	6:1
(b)	Streets, local commercial	0.9 Avg.	6:1
(c)	Parking, residential, multifamily	0.2 Min.	4:1
	Low vehicular/pedestrian activity
	Medium vehicular/pedestrian activity
(d)	Parking, industrial/commercial/institutional/municipal	0.6 Min.	4:1
	High activity, e.g., regional shopping centers/fast food facilities major athletic/civic/cultural/recreational events	0.9 Min.	4:1
	Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, cultural/civic/recreational events	0.6 Min.	4:1
	Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking	0.2 Min.	4:1
(e)	Sidewalks, walkways and bikeways	0.5 Avg.	5:1
(f)	Building entrances, commercial, industrial, institutional	5.0 Avg.	n/a

Notes:
•	Illumination levels are maintained horizontal footcandles on the task, e.g., pavement or area surface.
•	Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio (e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 [0.9 x 4]).

Lighting Fixture Design. The following factors shall be considered when choosing the appropriate lighting fixture design:

Fixtures shall be of a type and design appropriate to the lighting application.

Fixtures shall be equipped with or be capable of being modified to incorporate light directing, shielding devices, or both, such as shields, visors or hoods when necessary to redirect offending light distribution or reduce direct or reflected glare.

Control of Glare.

All outdoor lighting, whether or not required by this Chapter, on private, agricultural, residential, commercial, industrial, municipal, recreational or institutional property shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (i.e., disabling glare) and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property, (i.e., nuisance glare).

Floodlights and spotlights shall be so installed and aimed so that they do not project their output into the windows of neighboring residences, adjacent uses, directly skyward or onto a roadway.

Unless otherwise permitted by the Township (e.g., for safety, security, agricultural uses, or all-night operations), lighting shall be controlled by automatic switching devices such as time clocks or combination motion detectors and photocells, to permit extinguishing offending sources between 11:00 p.m. and dawn to mitigate nuisance glare and skylighting consequences.

Lighting proposed for use after 11:00 p.m., or after the normal hours of operation for commercial, industrial, institutional, or municipal applications, shall be reduced by 75% from 11:00 p.m. until dawn, unless needed for a specific purpose.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

Externally illuminated signs and billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11:00 p.m. and dawn, except as specifically approved by the Township to illuminate necessary directional information.

Directional fixtures used for architectural lighting (e.g., facade, fountain, feature and landscape lighting), shall be aimed so as not to project their output beyond the objects intended to be illuminated and shall be extinguished between the hours of 11:00 p.m. and dawn.

Auto service station or fuel-dispensing facility canopy lighting shall be accomplished using flat-lens full-cutoff downlighting fixtures, shielded in such a manner that the edge of the fixture shield shall be level with or below the light source envelope.

(i)

The use of white strobe lighting for tall structures such as smokestacks, chimneys, and communications towers is prohibited, except as otherwise required under Federal Aviation Administration regulations.

Residential Street Lighting Fixture Placement. Where required, street lighting fixtures in residential developments shall be placed at the following locations:

At the intersection of public roads with entrance roads to the proposed development.

Intersections involving proposed public or nonpublic primary distributor streets within the proposed development.

Lighting systems and standards for outdoor recreational activities such as baseball, tennis, football, or miniature golf, for which the above standards are 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 following standards shall be applied by the Zoning Hearing Board in its consideration of any application for special exception approval:

Lighting shall be accomplished only through the use of "cutoff" fixtures or as otherwise approved by the Zoning Hearing Board.

Except as otherwise permitted by the Zoning Hearing Board, sporting events shall be timed so that all lighting in the sports facility is extinguished by 9:45 p.m.

Golf driving ranges, golf courses, and trap shooting facilities shall not be artificially lit and shall not be permitted to operate in the Township during hours of darkness.

Outdoor recreational facilities shall not be lighted if they are located within the RC, NR, or MUR Districts or within 1,200 feet of a property in residential use.

Street lighting shall be provided where required under the terms of the Township Subdivision and Land Development Ordinance [Chapter 22].

Plan Submission.

For any commercial, industrial, or major institutional use, lighting plans shall be submitted to the Township for review and approval with applications for conditional use or special exceptions, preliminary or final subdivision or land development plans, or variance applications. In addition, the Zoning Officer may require the submission of a lighting plan with any building permit application for other than single-family residential use. The required lighting plans shall include the following information:

A site plan containing a layout of the proposed fixture locations by location and type. The site plan shall also include, as applicable, structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting.

Isofootcandle plots for individual fixture installations and ten-foot by ten-foot illuminance-grid plots for multifixture installations, which demonstrate compliance with the intensity and uniformity requirements set forth in this Chapter.

Description of the proposed equipment, including fixture catalog cuts, photometries, glare reduction devices, lamps, control devices, mounting heights, pole foundation details, and mounting methods proposed.

When requested by the Township, the applicant shall submit a visual impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare.

Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.

When necessary, the Township may retain the services of a qualified lighting engineer to review proposed lighting plans.

§ 27-914 Signage.

[Ord. No. 196-2018, 9/12/2018]

Applicability. Any sign hereafter enactment of this Chapter or amendments thereto shall be erected, altered, relocated, extended, or maintained in conformance with the provisions of this Chapter and any other applicable ordinances or regulations of the Township.

Intent. The intent of this Section is to provide for the regulation of signs in the Township as a proper exercise of the municipal police power and to protect the public health, safety, and welfare in accordance with the following objectives:

To control the size, location, illumination, alteration, and maintenance of signs to reduce hazards to pedestrian and vehicular traffic.

To provide opportunities for a variety of sign types, and encourage signs which meet local resident and business needs in a manner compatible with the area, are appropriate to the type of activity to which they pertain, enhance the economic value and visual character of the properties, and contribute to Township character; and to prohibit the erection of signs that do not meet these criteria and which are incompatible with the agricultural landscape and rural character of the Township.

To prohibit the construction of and require the removal of signs which constitute a hazard or create blight.

To establish a process for the review and approval of sign permit applications.

General Sign Standards.

Permits. Unless otherwise specified in this Chapter, a permit shall be required for all signs within the Township in accordance with the following procedures.

A permit application shall be submitted to erect, install, replace, remove and alter signs, as required by the provisions in this Chapter. The application shall contain all information necessary for the Zoning Officer to determine whether the proposed sign conforms to the requirements of this Part. At a minimum the following information shall be included:

A copy of the plans and diagrams drawn accurately to scale depicting the dimensions of the lot, cartway, right-of-way and location of the proposed sign and any existing signs.

The exact size, dimensions and location of the sign to be placed on the lot or building, together with its type, construction, materials to be used, and the manner of installation.

Where wall signs are proposed, the dimensions of the face of the building shall be shown.

Where required by the Zoning Officer, a structural analysis by a qualified civil engineer verifying the structural integrity of the proposed sign.

Any other information as may be required by the Zoning Officer.

No sign permit shall be issued except in conformity with the regulations of this Chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for a variance.

Nonconforming Signs.

Signs legally existing at the time of enactment of this Chapter or subsequent relevant amendments and which do not conform to the requirements of this Chapter shall be considered nonconforming signs.

Any nonconforming sign which is damaged in excess of 25% of its cost of replacement, or is removed for any reason other than normal repair and maintenance, shall be replaced only with a conforming sign. Legal nonconforming signs may be repainted or repaired (including lighting), provided that such repainted or repaired sign does not exceed the dimensions of the existing sign. Wording may also be changed. Illumination shall not be added or increased.

Signs advertising a use no longer in existence shall be removed or changed to advertise the new use within 30 days of the cessation of the original use. Signs, once removed, shall be replaced only by signs in conformance with this Part.

Any nonconforming sign deemed by the Zoning Officer to be unsafe, as stipulated in Subsection I(1), shall be made safe or removed in accordance with the terms of that Section.

Signs which, at the effective date of this Part or subsequent amendment thereto, are maintained in connection with and upon the same lot as a lawful nonconforming use may be maintained, repaired, or replaced with signs similar in size and character so long as such lawful nonconforming use continues, but may not be enlarged or otherwise substantially altered (nor may illumination be increased or newly installed) except in accordance with the applicable regulations of this Part.

It is the responsibility of the owner of the sign to provide evidence that a sign is lawfully nonconforming to the Zoning Officer.

Sign Area. The area of a sign shall be calculated as follows:

The areas of the sign shall include the entire area within a single continuous perimeter enclosing the outer limits of such sign. The sign area shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.

In the case of an open sign made of individual letters, attached to or painted on a building, wall, window, canopy or awning, the sign area shall be the smallest rectangle or other geometric shape which encompasses all of the letters and symbols.

In computing the area of a double-faced sign, only one face shall be considered, provided that both faces are identical in areas. In "V" type structures, if the interior angle of the sign face exceeds 45°, both faces shall be considered in computing the sign area.

Sign Height.

The height of a sign shall be measured from the average elevation of the ground or finished grade to the highest point of the sign or its backing structure, whichever is higher.

No sign that is a part of or is supported by a building shall be erected, placed or displayed upon the roof of such building, nor shall such sign extend above the height of the building.

Construction of Signs. Every sign permitted in this Part shall be constructed of durable materials and shall be kept in good condition and repair. Any sign which is allowed to become dilapidated may be repaired or removed by the Township at the expense of the owner or lessee of the property on which it is located, in accordance with the terms of § 27-914I.

Sign Illumination.

Sign illumination shall be arranged so that:

A bare light bulb, spotlight bulb, or fluorescent bulb is not visible beyond the property line.

Illumination shall only be of an even intensity at all times and shall not be more than fifteen-foot-candles per square foot.

Illumination may be direct (giving forth light from the interior of the sign through translucent material) or indirect, provided that the light source is directed upon the sign.

Lighting shall not shine directly on abutting properties, nor within the normal line of vision of the public on streets or sidewalks.

No sign in the A-Agricultural, RC-Resource Conservation, NR- Neighborhood Residential, or MUR-Mixed Use Residential zoning districts shall be indirectly and or internally illuminated unless specifically permitted by another provision of this Part.

Sign illumination shall comply with all applicable standards in § 27-913 of this Chapter.

Removal of Signs.

Unsafe Signs.

Whenever a sign becomes structurally unsafe and/or poses a potential threat to the safety of a building or premises or endangers the public safety, and such condition becomes known to the Zoning Officer, he shall give written notice to the owner of the premises on which the sign is located that such sign must be made safe or removed within five days, unless the Zoning Officer shall deem appropriate a more extended period for compliance.

Where, in the opinion of the Zoning Officer upon careful inspection, any sign as described in Subsection I(1)(a), above, constitutes an imminent hazard to public safety necessitating immediate action, he shall be empowered to take those measures he deems appropriate to secure, stabilize, or remove such sign without the written notice to the owner of the premises otherwise required by that Section. In such cases, a lien shall be placed against the property on which such sign was situated in the amount of the costs incurred by the Township in removing the sign.

Failure of the Zoning Officer to remove, or require the removal of, any unsafe sign as described in this Section shall create no liability upon, nor any cause of action against the Zoning Officer or any other Township official or employee for damage or injury that may occur as a result of such sign.

Abandoned Signs.

Any sign which was erected for an occupant or business unrelated to the present occupant or business, or any sign which relates to a time or event inconsistent with the time limits established by this Part, shall be deemed to have been abandoned. An abandoned sign shall be removed by the owner of the sign or owner of the property within 30 days of written notification from the Zoning Officer.

The Township shall have the right to remove any temporary political campaign sign located on public property which is not removed within the time limit prescribed in Subsection I(1) or where, in the opinion of the Zoning Officer, its continued presence would constitute a safety or visibility hazard to the public.

Illegal Signs. Any sign installed or placed on public property or within any public right-of-way that is not in conformance with the requirements of this Section shall be forfeited to the public and subject to confiscation. In addition to other authorized remedies, the Township shall have the right to recover from the owner or person placing such a sign the full cost of removal and disposal of such sign.

Exempt Signs. No permits are needed to erect any of the following signs in any district. Exempt signs shall, however, conform to all other applications regulations of this Chapter.

Public Signs. Public signs erected by or on the order of a public officer in the performance of public duty, such as signs to promote safety, no trespassing, or traffic signs; memorial plaques, signs of historical interest, and signs directing people to public and quasipublic facilities or events.

Private Signs. Any permanent sign of not more than four square feet in area.

Flags. Flags of any nation, state, county, city, university, college, military organization, or place of worship.

Murals. Murals without a commercial message.

Window Signs. Window signs shall be subject to the following standards:

Residential Uses. Window signs are not permitted for residential uses.

Signage Allotment. Window signs shall not count toward the wall signage allotment of the use.

Area. Window signage shall not exceed 25% of the glass area of any individual window pane.

Location. Window signage shall not be installed in windows above the ground floor of a structure.

On-Premises Directional Signs. On-premises directional signs shall be subject to the following standards:

Area. Signs shall not exceed four square feet in area per side.

Height. Signs shall not exceed 42 inches in height above the ground.

Construction Signs. Construction signs shall be subject to the following standards:

Nonresidential, Multifamily, and Single-Family Subdivision Projects. Signs shall not exceed 24 square feet in area per side.

Individual Single-Family Lots. Signs shall not exceed five square feet in area per side.

Number. Individual contractors, developers, or financiers may have a maximum of one construction sign per lot.

Duration. Construction signs may be displayed throughout the duration of construction and shall be removed within seven days following the completion of construction.

(8)

Not-for-Profit Signs. Signs advertising special events by a registered not-for-profit organization shall be subject to the following standards:

Size. Signs shall not exceed five square feet in area per side.

Location. Signs shall not be placed on a property unless permission is granted by the property owner. No signs shall be placed within the public right-of-way.

Duration. Signs shall be displayed no more than seven days prior to the special event and shall be removed within two days after the conclusion of the special event.

(9)

Political Signs. Political signs shall not exceed five square feet in area per side. Signs shall not be placed more than 45 days prior to an election and shall be removed within seven days after the election.

(10)

Real Estate Signs. Real estate signs shall be subject to the following standards:

Commercial. Signs advertising the sale or lease of a commercial property or the sale of a multifamily property with at least 15 units shall be limited to a single sign of a maximum of 24 square feet in area per side.

Residential. Signs advertising the sale or lease of single-family properties or multifamily properties with less than 15 units shall be limited to a single sign of a maximum of five square feet in area per side.

Open House Signage.

Off-site signage directing the public to an open house is permitted on Friday, Saturday and Sunday of the event weekend.

One off-site open house sign shall be permitted for each property for sale.

Individual open house signs shall not exceed five square feet in area per side.

Signage must be placed with the owner's permission.

Signs shall only be placed at corner locations.

All open house signage shall be removed the same day that the event ends.

Prohibited Signs. The following signs, because their inherent characteristics could threaten the health, safety, or welfare of persons in the Township, are unlawful and prohibited:

Animated Signs. Signs that utilize any motion picture, laser, or visual projection of images or copy in conjunction with any business or advertisement.

Bench Signs. A sign located on the seat or back of a bench placed on or adjacent to a public right-of-way. Benches utilized for designated public transit stops are exempt.

Imitation of Official Signs. Signs that purport to be, are in imitation of, or resemble an official traffic sign or signal or which bear the words "Stop," "Slow," "Caution," "Danger," "Warning," or similar words.

Vehicle Signs. Signs placed on inoperable or unlicensed vehicles parked on public or private property for the apparent purpose of displaying the sign. Prohibited signs do not include those displayed on vehicles parked for the purpose of lawfully making deliveries or random sales or service. Prohibited signs do not include those displayed on vehicles which are customarily used for transporting persons or properties, and on vehicles parked at a driver's place of residence during nonbusiness hours or for incidental purposes.

Intermittent Lights. Signs that have intermittent blinking, flashing, or fluttering lights, including any device which has a changing light intensity, brightness of color, or gives such illusion. Strobe lights shall be considered intermittent lights.

Temporary Signs. Any temporary sign not specifically permitted in Subsection P, including, but not limited to, pennants, streamers, balloons, inflatable signs, spinners, and banners, except when specifically permitted in Subsection P.

Projecting Signs. Any sign that projects outward from the facade of a building in excess of 12 inches, except as provided in § 27-1405.

Prohibited Sign Locations. Signs shall not be installed at any of the following locations:

Public Easement. In any public utility casement, unless authorized by the Township or holder of the easement rights.

Public Right-of-Way. In any public right-of-way, except as provided in Subsection J(1) above.

Roofs. On the roof of a structure, or extending above the eave, roof line or parapet of a building.

Clear Sight Triangle. Within a clear sign triangle as specified in § 22-610.9.

Miscellaneous. On any traffic control signs, highway construction signs, fences, utility poles, street signs, trees, or other natural objects.

Design Standards.

Freestanding Signs. All freestanding signs shall be designed as follows:

Setbacks.

Front. Except where noted, a minimum setback of five feet from the public right-of-way shall be required.

Side. A minimum setback of 10 feet from the side property line shall be required. Where adjacent to a residence, or where the sign is illuminated, the minimum setback shall be the same as for buildings in that district.

Mountings. All freestanding signs shall be permanently affixed to the ground.

Cap. A decorative cap may extend up to 18 inches above the height limit as determined in Subsection F above. The decorative cap shall have no identifying text, logos, or identifying traits.

Wall Signs.

Projecting wall signs shall not project more than 12 inches from the building wall and must be so located that the lower edge is a minimum of 10 feet above grade in any case where projection from the wall is greater than three inches.

Flat wall signs may be erected upon a canopy or marquee if the structural strength of such canopy or marquee is sufficient to safely carry the additional load, and provided that such signs may not extend beyond the edges of said canopy or marquee or extend within otherwise prohibited areas.

Temporary Signs.

Nonresidential Uses, Multifamily Residential Dwellings, and Mobile Home Parks. Conforming nonresidential uses, multifamily residential development with at least 15 dwelling units, and mobile home parks are permitted to display temporary signage as follows:

Area. Temporary signs shall not exceed 24 square feet in area per side.

Height. Freestanding temporary signs shall not exceed six feet in height above the ground.

Type. Temporary sign types shall be limited to printed banners or freestanding, portable signs.

Number.

Individual nonresidential uses shall be permitted a maximum of three temporary signs.

Multifamily complexes and mobile home parks with at least 15 units are permitted a maximum of three temporary signs.

Individual tenants within nonresidential centers shall be permitted a maximum of one temporary sign.

Display Periods.

Display of temporary signs shall be permitted for three periods of up to 30 days per period, per calendar year.

All temporary signs shall receive a sign permit from the Township prior to being displayed.

The three temporary sign display periods may be combined, provided that a separate permit is obtained for each display period.

Grand Opening Events.

New businesses, including multifamily complexes of 15 units or greater, shall be permitted a single grand opening event sign display during which the number, type and size of temporary signs shall not be limited.

Grand opening event sign displays shall not exceed 30 consecutive days, and shall count as one of the permitted display periods as described in Subsection N(1)(e) above.

Nonresidential Uses in NR — Neighborhood Residential District. Temporary signs are not permitted for home occupations and legal nonconforming uses in the NR — Neighborhood Residential District.

Temporary Retail Uses. Approved temporary retail uses, such as seasonal sales, shall be allowed one, thirty-two-square-foot temporary sign for the duration of the temporary use. If an approved temporary retail use has frontage on multiple public streets, the use shall be permitted one such temporary sign per public street frontage.

Sign Standards in A — Agricultural, RC — Resource Conservation, NR — Neighborhood Residential, and MUR — Mixed Use Residential Districts.

Single-Family Subdivision. Each subdivision shall be permitted one freestanding sign per development entrance, subject to the following standards:

Area. The maximum sign area shall not exceed 24 square feet per side.

Height. The maximum sign height shall not exceed six feet.

Number. The permitted subdivision sign may be replaced with two signs of a maximum 12 square feet in area per side if a sign is placed on each side of the entrance.

Multifamily Complexes and Mobile Home Parks.

Multifamily complexes and mobile home parks containing at least 15 dwelling units shall be permitted one freestanding sign per development entrance, subject to the following standards:

Area. The maximum sign area shall not exceed 24 square feet per side.

Height. The maximum sign height shall not exceed six feet.

Multifamily complexes and mobile home parks containing fewer than 15 dwelling units shall be permitted one wall sign or one freestanding sign, provided the maximum sign area shall not exceed 24 square feet.

Conforming Nonresidential Uses. For any nonresidential use approved as a permitted use, conditional use, special exception, or via use variance, the provisions of Subsection P shall apply. These provisions may be modified by action of the Zoning Hearing Board as part of a special exception or variance approval. In addition, the following sign standards shall be applied to the uses permitted in these districts as follows:

Nursery or Farm Produce Signs.

Number. A maximum of one freestanding sign or wall sign is permitted, but not both.

Area. A maximum sign area of 12 square feet per side, or 12 square feet total for a wall sign, shall be permitted.

Height. Freestanding signs shall not exceed five feet in height. Wall signs shall not exceed 10 feet in height.

Rural Occupation Signs.

Number. A maximum of one freestanding sign is permitted.

Area. A maximum sign area of eight square feet per side shall be permitted.

Height. Freestanding signs shall not exceed five feet in height. Wall signs shall not exceed 10 feet in height.

Identification Signs for Schools, Churches, Medical Facilities, Clubs, Lodges, Farms or Estates.

Number. A maximum of one sign is permitted, regardless of type.

Area. A maximum sign area of 15 square feet per side for a freestanding sign, or 10 square feet total for a wall sign, shall be permitted.

Height. Freestanding signs shall not exceed five feet in height. Wall signs shall not exceed 12 feet in height.

Legal Nonconforming Nonresidential Uses.

Flat Wall Sign Area. Flat Wall signage shall not exceed 10 square feet in area.

Freestanding Sign Area. Freestanding signs shall not exceed 12 square feet per side.

Number. A maximum of one freestanding sign shall be permitted.

Height. Freestanding signs shall not exceed four feet in height.

Permitted Signs in the MUC — Mixed Use Commercial and B1 — Business-Industrial Districts.

Wall Signs. The following standards shall apply to wall signs for individual uses or tenants within a multitenant center:

Allotment.

Individual Nonresidential Uses. The cumulative square footage of all wall signs shall not exceed 10% of the square footage of the building facade facing a public or private street, or 25 square feet, whichever is larger.

Mixed-Use Commercial Development. The cumulative square footage of all wall signs for any individual tenant shall not exceed 10% of the square footage of the tenant's facade width, or 10 square feet, whichever is smaller.

Limits. No property shall be limited to less than 25 square feet of wall signage and no use shall be permitted to exceed 50 square feet of wall signage.

Maximum Projection. Except for a projecting sign, no part of a wall sign shall project more than 12 inches from the wall or face of the building to which it is attached.

Location. Wall signs for individual tenants within a multitenant nonresidential center shall be located on a wall of the tenant's lease space. All such signs shall be placed at a uniform height on the center's facade and comply with all other provisions of § 27-914M(2).

Freestanding Signs. The following standards shall apply to all freestanding signs.

Number.

Individual Nonresidential Uses and Planned Mixed-Use Commercial Development. A maximum of one freestanding sign is permitted per street frontage.

Auto Service Stations/Automotive Sales, Service and Repair Stations. In addition to one freestanding sign, these uses shall have a maximum of five accessory signs for other advertising permitted on a given property.

Area.

Individual Nonresidential Uses. A maximum sign area of 150 square feet per side shall be permitted.

Multitenant Nonresidential Centers. A maximum cumulative sign area of 200 square feet per side shall be permitted.

Height. A maximum sign height of 14 feet shall be permitted for individual nonresidential uses and a maximum sign height of 16 feet shall be permitted for planned mixed-use commercial development.

Setback.

Individual Nonresidential Uses: A minimum setback of five feet from the front property line shall be required.

Multitenant Nonresidential Centers. A minimum setback of 15 feet from the front property line shall be required.

Menu Board Signs.

Number. A maximum of one menu board sign per individual business shall be permitted.

Area. A maximum sign area of five square feet per side shall be permitted.

Height. A maximum sign height of four feet shall be permitted.

Placement. Signs shall be located outside of the public right-of-way.

Electronic Changeable Face Signs.

Number. An electronic changeable face sign shall only be permitted as part of a permitted freestanding sign, and shall not be permitted as a standalone sign. Such signs shall not be permitted as off-premises signs, including billboards.

Distance. An electronic changeable face sign may not be located within 2,000 feet of another electronic changeable face sign.

Area. A maximum of 20% of the total sign area of a freestanding sign for an individual nonresidential use or 32 square feet per side, whichever is greater, shall be permitted.

Height. A maximum sign height of six feet shall be permitted.

Intensity.

No such sign shall be illuminated at an intensity of greater than 0.3 footcandle above normal ambient conditions during the daytime, measured from the nearest point of any highway or public road.

All such signs shall be equipped with a dimmer control and a photo cell which shall constantly monitor ambient light conditions and adjust sign brightness accordingly.

Message Presentation.

The words, symbols or images must remain stationary for a minimum of 30 seconds before changing to any other words, symbols or images. Signs that display time and/or temperature only may change as time and/or temperature changes.

Transitions from one message display cycle to the next shall be Instantaneous (within 1/10 of a second), and shall not include any blank-outs, scrolling, fading, streaming, zooming, flashing, or any other animated effect.

The sign shall contain a default mechanism that will freeze the sign in one position if a malfunction occurs.

Illumination: Any such sign shall not be illuminated between the hours of 9:00 a.m. and 6:00 p.m.

Projecting Wall Signs.

Minimum Height. A minimum height of 10 feet above grade shall be required.

Maximum Projection. A maximum of four feet from the building wall provided that no sign shall project to a point nearer than five feet from the edge of the paved roadway.

Number. No more than one projecting sign shall be permitted per premises.

Billboards. Billboards, as defined in Part 2, are permitted subject to the standards contained in § 27-1011.

Off-Premises Directional Signs. Off-premises directional signs may be erected subject to the following requirements:

No more than two such signs shall be erected in the Township for any such organization, activity, service, etc.

A sign shall indicate only the name of the organization or activity and the direction of the facility.

Only one such sign shall be erected prior to each intersection turning movement necessary to reach such organization or activity.

Signs shall not exceed an area of six square feet per side. Signs shall not be illuminated and shall not exceed six feet in height.

§ 27-915 Site Improvements and Surface Water Runoff.

Signs must be located a minimum of five feet from the public right-of-way.

[Ord. No. 196-2018, 9/12/2018]

Site improvements on any property that include new or expansion of existing impervious cover, including new buildings, accessory structures, driveways and off-street parking facilities, patios, etc., shall comply with the requirements of the Honey Brook Township Stormwater Management Ordinance [Chapter 20]. For the purposes of this Section, in addition to the surfaces listed in the definition of impervious surface (§ 27-202), compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Surfaces that were designed to allow infiltration (i.e., areas of porous pavement) will be considered on a case-by-case basis by the Municipal Engineer, based on appropriate documentation and condition of the material, etc.

§ 27-916 Standards for Flag Lots.

[Ord. No. 196-2018, 9/12/2018]

In addition to those standards established for flag lots in § 22-604, the design standards for flag lots shall be:

Access strips shall be measured at the street line and shall be a minimum width of 25 feet for their entire length.

There shall be no turns greater than 45° in the access strip.