The standards that follow shall be applied to the specific situations indicated and are intended to supplement the standards in Article IV. Standards contained in a specific section regulating a specific use shall not exempt said use from other applicable regulations contained in this chapter.
A.
Front setbacks and establishment of future right-of-way widths for streets. All front setbacks and other required setbacks shall be measured from the ultimate right-of-way line of all streets. For the purpose of measuring setbacks, the ultimate right-of-way width of all existing streets shall be established by determining the classification of the street from the Township's street classification list, which may be amended from time to time by resolution of the Board of Supervisors, and applying the minimum street width from Chapter 345, Subdivision and Land Development, for that classification.
B.
Access drives; driveways. Access drives serving a permitted use shall
be permitted in all setbacks except as may be otherwise regulated
by this chapter, and provided a buffer of 10 feet is maintained from
rear and side property lines.
C.
Junk accumulation. The accumulation on any lot, parcel or two or
more contiguous lots or parcels in joint ownership or under joint
control of more than two junk vehicles or two motor vehicles, or portions
thereof, including, but not limited to, automobiles, trucks, vans,
buses, truck trailers, recreational vehicles, watercraft, or any other
vehicle(s) intended for highway use, which are not stored in a building
and do not bear a current Pennsylvania state inspection sticker or
registration or are not fit for immediate highway use, are prohibited.
D.
Height limitations. Unless otherwise regulated by this chapter, height
regulations shall not apply to spires, belfries, cupolas, domes, not
used for human occupancy, nor to chimneys, ventilators, monuments,
water towers, masts and aerials, television antennas, public utility
structures that are not buildings, silos, chimneys, ventilators, solar
energy collectors and equipment used for the mounting or operation
of such collectors and parapet walls extending not more than four
feet above the regulated height of the building, skylights, bulkheads,
and ornamental features, necessary mechanical appurtenances or other
appurtenances usually required to be placed above the roof level and
not intended for human occupancy. Although exempted from structural
height limitations, these structures should not significantly impair
solar access of buildings or solar collector locations. Any such structure
which exceeds a height of 50 feet shall be considered a conditional
use.
F.
Projections into setbacks (see § 400-504A for accessory structures). No part of any structure, whether attached to the principal structure or not, including, but not limited to, porches, carports, decks, patios, balconies, chimneys, bay windows or overhangs shall project into any required setback. All parts of structures shall meet the required setbacks.
G.
Reduction of required area or space. The area or dimension of any
existing lot, setback, parking area or other space shall not be reduced
to less than the minimum required by this chapter.
H.
Street frontage required.
(1)
Minimum street standards. In order to ensure safe and convenient
access and access by emergency vehicles, every principal building
shall be built upon a lot with frontage on a public street or on a
private street improved to the following standards:
(2)
Private access street. Except, that for an individual lot with access from a private access street, right-of-way or access easement, the access must be improved to meet the standards of a private access street in Chapter 345, Subdivision and Land Development, between the lot and a public street or a private street meeting the above standards.
I.
Traffic visibility along streets.
(1)
Public street intersections. At an intersection, a triangle
area shall be established and sight obstructions shall be removed
so that vision between a height from two feet to 10 feet above the
center-line grades of the intersecting streets is not obscured. Furthermore,
by deed restriction, by lease restriction, or by plan amendment, whichever
method is applicable, vegetation shall not be planted or allowed to
grow in such a manner as to obscure vision between a height from two
to 10 feet above the center-line grades of the intersecting streets.
Such triangular area shall be determined by the intersecting street
center lines and a diagonal connecting two points, one at each street
center line, each of which point is:
(a)
One hundred feet from the intersection of such street center
lines, if either street is an arterial street;
(b)
Seventy-five feet from the intersection of such street center
line if either street is a collector or connector street;
(c)
Fifty feet from the intersection of such street center lines,
if both streets are minor or local access streets.
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(2)
Private accessway and public street intersections. At each point
where a private accessway intersects a public street or road, a clear-sight
triangle of 10 feet measured from the point of intersection of the
street line and the edge of the accessway shall be maintained, within
which vegetation and other visual obstructions shall be limited to
a height of not more than two feet above the center-line grade.
(3)
Sight lines along streets. Along the rights-of-way of all public
streets and of private streets, in addition to the above restrictions,
no plants, landscaping, screening, fences, other structures or objects
shall be placed in such a manner as to obstruct or interfere with
sight distance along the street right-of-way. In the case of plants,
the growth of branches, leaves or other vegetation into the right-of-way
in such a way as to obstruct or interfere with sight distance within
the right-of-way shall be prohibited.
J.
Drainage facilities, easements and rights-of-way. No building or
structure shall be erected within any drainage facility, channel,
ditch, easement or right-of-way, and no drainage facility, channel,
ditch, easement or right-of-way shall be otherwise obstructed or altered.
A.
Two or more uses on a lot.
(1)
Residential density. For the purposes of density of two or more
principal residential structures, lot size shall be increased to maintain
the density required by this chapter. For example, the parcel size
required for three single-family dwellings on one parcel would be
determined by multiplying the minimum lot size for one dwelling by
a factor of three.
(2)
Nonresidential uses. In the case of nonresidential uses, there
shall be no limit on the number of uses or structures on a single
parcel, provided all other standards of this chapter are satisfied.
This shall not apply to adult businesses, junkyards, mineral extraction,
solid waste facilities, or other uses with a special size requirement
listed in this chapter, in which case the parcel size shall be increased
to provide for the minimum land area for each use on the parcel.
(3)
Residential and nonresidential on the same lot. The following
shall apply only where the lot complies with the required minimum
residential lot size for the district:
(a)
First unit. One residential unit per property shall be permitted
in association with a nonresidential use(s) without an increase in
the minimum lot size requirement, provided said unit is attached to
and is an integral part of the principal nonresidential structure.
The residential unit shall be occupied only by the owner or employee
of the nonresidential use(s).
(b)
Other units. Other residential dwelling units, if provided for
in the district by the Schedule of Uses, shall be permitted on the
same lot as a nonresidential use only if the lot is of sufficient
size to meet the residential unit density required by this chapter
in addition to the land area needed to meet the density requirement
for the nonresidential use.
(4)
Structure separation. Principal residential structures located on the same lot shall be separated by a distance at least twice the district minimum side setback requirement for each respective building. Principal nonresidential structures shall be separated by a distance not less than the greatest height of the adjoining buildings unless the Uniform Construction Code requires a greater separation. (See § 400-504A for accessory structures.)
B.
Street frontage/front setbacks. A principal building shall be permitted
only upon a lot with frontage on a public or private road right-of-way.
Each setback of a lot which abuts a street shall be equal in size
to the front setback required for the district. Any other setbacks
may be considered side setbacks.
A.
Accessory structures. All accessory structures shall conform to the minimum regulations established in Article IV except as permitted below.
(1)
Unattached accessory structures.
(a)
Unattached accessory structures shall comply with front setback
requirements for principal structures. Side and rear setbacks shall
be 20 feet in RR, R-1 and R-2 Districts and 15 feet in R-3, C and
I Districts.
(b)
Unattached residential accessory structures shall not exceed
a height of 25 feet and unattached nonresidential accessory structures
shall not exceed a height of 35 feet.
(c)
Unattached accessory structures which do not exceed eight feet
in height and 100 square feet in total floor area may be erected within
the required side and rear setbacks of a principal structure, provided
that no side or rear setback is reduced to less than 10 feet.
(d)
Unattached accessory structures shall be a minimum of 10 feet
from principal or other accessory structures.
[Amended 2-28-2022 by Ord. No. 2022-02]
(f)
Child playhouses shall be considered accessory structures and
shall comply with the requirements. However, a permit shall not be
required for a child playhouse under 100 square feet in total floor
area.
(g)
Well houses and other accessory structures housing utilities and electricity generators, whether or not housed in a structure, shall comply with this § 400-504A(1).
(h)
In RR, R-1, and R-2 Districts, where a lot is two acres or less in
size, there shall be no more than four accessory buildings on such
lot.
[Added 2-28-2022 by Ord. No. 2022-02]
(i)
Two or more accessory buildings will be considered separate notwithstanding
that they may be attached by a roof, common foundation, shared wall,
or any other means.
[Added 2-28-2022 by Ord. No. 2022-02]
(2)
Attached accessory structures. An accessory structure attached
to a principal building shall be considered to be a part of the principal
building and shall conform to the setbacks for principal structures.
(3)
Disability ramps. Temporary ramps accessory to single-family
dwellings or two-family dwellings to provide access for a disabled
person shall not be required to meet required setbacks, provided the
landowner provides a written agreement that the ramp will be removed
when the person needing the ramp no longer occupies the dwelling.
A permit shall not be required.
(4)
Prohibited storage units.
[Amended 2-28-2022 by Ord. No. 2022-02]
(a)
A storage container shall not be located on residential property
and shall not be used as an accessory building in any residential
zoning district in the Township.
(b)
Storage containers may be located on commercial property as
accessory storage units subject to the following requirements:
[1]
Such containers shall be screened from any roadway or adjacent
residential properties either by existing structures or vegetative
buffers, such that they are not visible from adjacent residential
properties or from any roadway;
[2]
The number of such units shall be limited to one per 1,000 square
footage and floor area of principal building on any structure located
on the property;
[3]
There will be no more than four such units per acre of property;
[4]
There shall be a maximum number of 10 units on any property.
B.
Fences and walls. The erection of any fence or wall in all districts
shall be subject to the following provisions:
(1)
Clear sight triangles. All fences and walls shall comply with § 400-502I for clear sight triangles.
(2)
Front. Fences and walls may be erected in the required front
setback (i.e., between the right-of-way and required front setback);
however, no such fence or wall shall encroach upon any public right-of-way
and shall not exceed a height of five feet for residential uses and
six feet for nonresidential uses.
(3)
Side and rear. Fences and walls in side and rear setbacks shall
not exceed six feet in height, except tennis court fences, which may
not exceed 10 feet in height, and shall be no closer than one foot
to a property line or easement line.
(4)
Height. No fence shall exceed a height of 10 feet except for
agricultural fences and fences with a ratio of the open portion of
the fence to the solid portion of the fence not less than four to
one.
(5)
Post/supports. All fence posts and other structural supports
shall be located on the side of said fence towards the interior of
the property owned by the person erecting the subject fence.
(6)
Nonresidential uses. Fences and walls utilized to enclose or
screen nonresidential uses shall not exceed eight feet in height.
Walls placed in the front yard associated with such uses, except behind
the building setback line, shall not exceed six feet in height.
C.
Home occupations and home-based businesses.
(1)
Home occupations. It is the intent of this § 400-504C(1) to regulate the operation of home occupations so that the average neighbor, under normal circumstances, will not be aware of the existence of the home occupation. The burden of proof shall be on the applicant to demonstrate that the standards will be met. Based upon the potential nuisances of a proposed home occupation not specifically permitted by this section, the Zoning Hearing Board may determine that a particular type or intensity of use is unsuitable to be a home occupation or that the proposed lot area or setbacks are not adequate. The following standards shall apply:
(a)
The home occupation must be conducted entirely inside a building
and shall be clearly incidental and secondary to the use of the dwelling
as a residence.
(b)
The total area used by all home occupations on the premises
shall not exceed the lesser of 1/3 of the gross floor area of the
dwelling unit, including basement, and accessory structures in compliance
with all applicable codes, or 750 square feet.
(c)
No outdoor display or display visible from outdoors, or outdoor
storage of materials, goods, products, supplies, or equipment used
in the home occupation(s) shall be permitted.
(d)
There shall be no evidence visible from outside the dwelling
(show windows, business displays, advertising, etc.) that the residence
is being operated as a home occupation, except for a sign, if permitted,
and required parking area.
(e)
The home occupation shall be conducted only by members of the
family residing in the dwelling and not more than one person other
than residents of the dwelling shall be employed on the premises.
(f)
Off-street parking shall be provided on the premises as required
by this chapter to prevent parking on any public or private street
right-of-way.
(g)
No home occupation use shall generate nuisances such as traffic,
noise, vibration, glare, odors, fumes, electrical interference, or
hazards to any greater extent than what is usually experienced in
the residential neighborhood.
(h)
No goods or items for retail or wholesale sale shall be permitted
except for items handcrafted on the premises or goods and items incidental
to the operation of an approved home occupation, with the total display
and/or storage area limited to indoors and not more than 200 square
feet.
(i)
The use shall not involve the parking of more than one truck
of any type on the lot or on adjacent streets at any period of time.
The use shall not require servicing by, deliveries by or parking of
tractor-trailer trucks. In the R District, the use shall not require
the parking or servicing by a vehicle with more than 26,000 pounds
registered gross vehicle weight, except for deliveries of a maximum
of two times per day.
(j)
One sign not more than two square feet for each face shall be permitted in accord with Article XI.
(l)
The following uses shall not be permitted as home occupations: commercial stables, veterinarians, commercial kennels or motor vehicle or small engine repair shops, retail or wholesale sales, restaurant, crematoria, funeral parlors or other uses not meeting the requirements of this § 400-504C(1).
(m)
The following types of uses shall be permitted as accessory
uses in all districts:
[1]
Professional offices for individual practitioners.
[2]
Custom dressmaking or tailoring.
[3]
Foster family care for not more than four children simultaneously.
[4]
Day care that provides care for six or fewer children at any
one time who are not relatives of the caregiver.
[5]
Tutoring for not more than four children simultaneously.
[6]
Mail order or sales businesses not involving customer contact
on the premises or wholesale brokering not involving stock on the
premises.
[7]
Businesses involving the use of personal computers for sales
or services and which do not involve customer contact on the premises.
[8]
Single-chair beauty shops and barbershops.
(n)
All applications for home occupations not specifically enumerated as permitted in § 400-504C(1)(m) shall not be permitted in the R-1, R-2 and R-3 Districts. In all other districts, all applications for home occupations not specifically enumerated as permitted in § 400-504C(1)(m) or excluded by § 400-504C(1)(l), shall be considered special exceptions.
(2)
Home-based businesses. It is the intent of this § 400-504C(2) to regulate as special exceptions the operation of home businesses to permit a variety of commercial uses in the RR and R-1 Districts under certain conditions established to minimize effects on neighboring properties and the district as a whole. The burden of proof shall be on the applicant to demonstrate that the standards will be met. Based upon the potential nuisances of a proposed home-based business not specifically permitted by this section, the Zoning Hearing Board may determine that a particular type or intensity of use is unsuitable to be a home-based business or that the proposed lot area or setbacks are not adequate. The following standards shall apply:
(a)
The home-based business must be conducted entirely inside a
building situated on a minimum of five acres, and the required minimum
setbacks for the building shall be double the normal district setbacks
for principal buildings.
(b)
No outdoor storage of materials, goods, products, supplies, or equipment used in the home-based business shall be permitted unless adequate screening and buffers are provided in accord with § 400-702.
(c)
The home-based business shall be conducted by members of the
family residing in the dwelling and the number of nonresident employees
shall not exceed five.
(d)
Off-street parking shall be provided on the premises as required
by this chapter to prevent parking on any public or private street
right-of-way.
(e)
No home-based business shall generate nuisances such as traffic,
noise, vibration, glare, odors, fumes, electrical interference, or
hazards to any greater extent than what is usually experienced in
the district.
(f)
The use shall not require the parking of tractor-trailer trucks;
however, deliveries by tractor-trailer trucks shall be permitted.
(g)
One sign not more than 10 square feet for each face shall be permitted in accord with Article XI.
(i)
Any use not meeting the requirements of this § 400-504C(2), the regional uses not permitted in Polk Township, and the following uses shall not be permitted as home-based businesses:
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Abused person shelters
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Adult businesses
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Agricultural products processing
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Airports
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Amusement parks
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Amusement arcades
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Banks
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Bulk fuel storage facilities
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Bus terminals
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Campgrounds and recreational vehicle parks
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Car and truck washes
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Commercial communications device sites
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Convenience stores
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Correctional facilities
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Drive-in stands/uses
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Flea markets
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Funeral parlors
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Gambling establishments
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Heliports
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Hotels
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Junkyards
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Manufacturing and industry
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Mineral extraction
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Mineral processing
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Motels
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Race tracks
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Recycling facilities
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Restaurants
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Restaurants, outdoor
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Restaurants, takeout
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Self-storage facilities
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Shooting ranges, outdoor commercial
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Slaughterhouses
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Solid waste facilities
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Solid waste landfills
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Solid waste transfer facilities
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Taverns
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Theaters, indoor or drive-in
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Truck terminals
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D.
Private parking areas and garages.
(2)
Off-street parking of commercial vehicles on residential lots
shall be permitted at the rate of one vehicle per each full acre of
lot area up to a maximum of four vehicles per residential parcel or
lot. No commercial vehicles shall be parked within the required front
or side setbacks. This restriction shall not apply to commercial vehicles
in a fully enclosed building.
E.
Home gardening, nurseries and greenhouses. Home gardening and accessory
structures used for nurseries or as greenhouses are permitted accessory
to residential uses, provided they are used by the residents thereof
for noncommercial purposes.
F.
Private outdoor swimming pools.
(1)
A single private outdoor, in-ground or aboveground, swimming
pool per dwelling unit is permitted as an accessory use, provided
that such swimming pool is for the private use of the occupants of
the principal structure or for their guests.
(2)
Pools and associated patios and decks shall only be permitted
in side and rear yards and the minimum side and rear setback shall
be 20 feet.
(3)
Entry to in-ground and aboveground swimming pools shall be secured
in accord with the Uniform Construction Code.
(4)
A zoning permit shall not be required for pools where the water
does not exceed 24 inches in depth and which are not normally filled
on a constant basis.
G.
Temporary uses.
(1)
Definition. A use accessory to another permitted principal use
that operates at a fixed location for a temporary period of time.
(2)
Zoning permit required. No temporary use shall be established unless a zoning permit evidencing the compliance of such use with the provisions of this § 400-504G and other applicable provisions of this chapter shall have first been issued.
(3)
Particular temporary uses permitted. The following are temporary
uses which are subject to the following specific regulations and standards,
in addition to the other requirements specified in this chapter.
(a)
Contractor's office and construction equipment sheds.
[1]
Permitted in any district where use is incidental to a construction
project. Office or shed shall not contain sleeping or cooking accommodations.
[2]
Maximum length of permit shall be one year.
[3]
Office or shed shall be removed upon completion of construction
project.
[4]
Required water supply and sanitary facilities shall be provided.
(b)
Real estate sales office.
[1]
Permitted in any district for any new subdivision approved in accord with Chapter 345, Subdivision and Land Development. The office may not contain sleeping or cooking accommodations. A model home may be used as a temporary sales office.
[2]
Maximum length of permit shall be two years.
[3]
The office shall be removed upon completion of the development
of the subdivision.
[4]
Required water supply and sanitary facilities shall be provided.
(c)
Temporary shelter.
[1]
When fire or natural disaster has rendered a single-family residence
unfit for human habitation, the temporary use of a mobile home or
recreational vehicle located on the single-family lot during rehabilitation
of the original residence or construction of a new residence is permitted
subject to the following additional regulations.
[2]
Required water supply and sanitary facilities per PA DEP requirements
and electrical service per the PA Uniform Construction Code shall
be provided.
[3]
Maximum length of permit shall be 12 months, but the Zoning
Officer may extend the permit for a period or periods not to exceed
60 days in the event of circumstances beyond the control of the owner.
Application for the extension shall be made at least 15 days prior
to expiration of the original permit.
[4]
Prior to issuance of any occupancy permit for the new or rehabilitated
residence, the mobile home shall be removed from the property, or
the recreational vehicle shall be removed from the property or be
discontinued as the temporary shelter.
(4)
Temporary uses by special exception. For temporary structures
or uses that are not specifically permitted by right by this chapter,
and other than customary accessory uses and other than those uses
that were lawfully occurring on a periodic basis prior to the adoption
of this chapter, a temporary permit may be issued by the Board of
Supervisors as a conditional use of structures or uses that would
not otherwise be permitted, subject to the following additional provisions:
(a)
Duration. The Board of Supervisors shall establish a limit on
the duration of the use. In the case of a special event, except under
special circumstances this should be a maximum of seven days in any
sixty-day period. The Board of Supervisors may grant a single approval
once for numerous occurrences of an event.
(b)
Statement from owner. The applicant shall present a statement
from the owner of record of the land accepting responsibility to ensure
that the use or structure is removed once the permit expires.
(c)
Removal. Such structure or use shall be removed completely upon
expiration of the permit without cost to the Township. If the structure
or use is not removed in a timely fashion after proper notification,
the Township may remove the use or structure at the cost of the person
who owns the land upon which the structure or use is located.
(e)
Fee. The Board of Supervisors may waive and/or return the required
application fee if the applicant is an Internal Revenue Service recognized
and well-established nonprofit organization, and the applicant clearly
shows that the proposed use is temporary and will be used to clearly
primarily serve a charitable or public service purpose.
(f)
Nonprofit. Only a well-established and Internal Revenue Service-recognized
nonprofit organization proposing a temporary use to clearly primarily
serve a charitable or public service purpose shall be eligible to
receive approval for a temporary commercial use in a district where
that use is not permitted.
(g)
Special events. For a special event that will attract significant
numbers of the public, the Board of Supervisors may deny the use if
it determines that the following will not be generally appropriate:
sanitary and water service, traffic control, off-street parking and
protection of the public health and safety.
(5)
Additional regulations.
(a)
Documentation must be provided to the Township that adequate
arrangement for temporary sanitary facilities has been made.
(b)
All uses shall be confined to the dates specified in the permit.
(c)
Hours of operation shall be confined to those specified in the
permit.
(d)
Access and parking for the exclusive use of the facility shall
be provided, and a stabilized drive to the parking area shall be maintained
with a minimum of six inches, or as otherwise needed, of bank-run
gravel or equal material.
H.
Yard sales. Individual private family yard sales shall comply with Chapter 394, Yard Sales, as amended.
I.
Animal husbandry and stables. Animal husbandry and stables are permitted in accord with the Schedule of Uses subject to the requirements of §§ 400-805 and 400-506B, respectively.
J.
Heliports as an accessory use. Heliports as accessory uses, in addition
to all other applicable ordinance requirements, shall comply with
the following standards:
(1)
Allowed only in the I District as a conditional use.
(2)
The applicant shall document compliance with all applicable
state and federal regulations.
(3)
The runway and/or landing pad shall be a minimum of 250 feet
from any residential district or any existing dwelling not located
on the parcel for which the airport and/or heliport is proposed.
K.
Freshwater ponds. Any freshwater pond constructed in association
with any residential, agricultural or commercial use shall comply
with the property line setbacks as required by the applicable zoning
district and a zoning permit shall be required. However, no fence
shall be required.
L.
Satellite dish antennas. All private satellite dish antennas shall
be considered structures and shall maintain the setbacks required
for accessory structures; however, a permit shall not be required
for such antenna 20 inches or less in diameter.
M.
Tennis courts. A tennis court shall only be located in a rear or
side yard and shall not be closer to a property line than 20 feet.
Tennis court fences shall be permitted, but shall not be closer than
10 feet to a property line.
N.
Wind turbine generators, accessory. An accessory wind turbine generator
is a wind energy conversion system that converts wind energy into
electricity through the use of a wind turbine generator, and includes
the nacelle, rotor, tower, and pad transformer, if any, and which
is sized and intended to be used to generate electricity for the principal
structure to which it is accessory. Accessory wind turbine generators
are permitted in all districts only in compliance with the following
and other applicable standards of this chapter:
(2)
Setback.
(a)
No part of the wind turbine generator structure shall be located
less than 1.1 times the total height of the wind turbine from property
lines and public road rights-of-way as measured from the highest point
of the rotor plane or support structure, whichever is higher.
(b)
Guy wire anchors shall not extend closer than 10 feet to any
property line or road-right-of-way.
(3)
Uniform Construction Code; manufacturer's standards.
(a)
Applications for accessory wind turbine generators shall be
accompanied by standard drawings of the wind turbine structure, including
the tower, base, and footings, documenting compliance with the Uniform
Construction Code.[1]
(b)
The generator and support structure shall be installed in accord
with all Uniform Construction Code and manufacturer requirements.
(c)
Prior to the issuance of a certificate of use the applicant
shall provide certification from a Pennsylvania registered professional
engineer that the generator and support structure have been installed
in accord with all Uniform Construction Code and manufacturer requirements.
If deemed necessary by the Zoning Officer, the Zoning Officer may
require certification from a registered professional engineer or a
representative of the manufacturer.
(4)
Climb prevention/locks/fence.
(a)
Wind turbines shall not include attached ladders or other such
attachments that would allow access to the first 15 feet of the turbine
above ground level.
(b)
All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent access by nonauthorized
persons.
(5)
Noise and shadow flicker.
(a)
Audible sound from an accessory wind turbine generator shall
not exceed 45 dBA as measured at the property line of the parcel on
which the accessory wind turbine generator is located. Methods for
measuring and reporting acoustic emissions from wind turbines and
the wind energy facility shall be equal to or exceed the minimum standards
for precision described in AWEA Standard 2.1 - 1989, titled "Procedures
for the Measurement and Reporting of Acoustic Emissions from Wind
Turbine Generation Systems Volume I: First Tier."
(b)
Best efforts shall be used to minimize shadow flicker to any
occupied building on any other parcel.
(c)
For the purposes of this § 400-504N(5), "occupied building" shall mean a residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
(6)
Color and lighting; FAA. Accessory wind turbine generators and
support structures, including rotors, shall be a nonobtrusive color
such as white, off-white or gray. Wind turbines shall comply with
all applicable Federal Aviation Administration (FAA) and PennDOT Bureau
of Aviation regulations. No wind turbine shall be artificially lighted,
except as required by FAA requirements.
(7)
Speed control. All wind turbine generators shall be equipped
with manual and automatic overspeed controls to limit rotation of
the wind rotor to a speed below the designed limits of the system.
(8)
Utility company. No wind turbine generator shall be installed
until documentation has been provided that the utility company has
been informed of the customer's intent to install an interconnected
customer-owned generator. Off-the-grid systems shall be exempt from
this requirement.
(9)
Number on property. No more than three wind turbine generators
shall be permitted (with a total output not to exceed 40 kilowatts)
on a single property.
(10)
Accessory building. When a building is necessary for storage
cells or related mechanical equipment, the building shall not exceed
150 square feet in area, eight feet in height and shall not be located
within any required front, side or rear setbacks.
(11)
Drawings; site plan. Permit applications shall be accompanied
by detailed drawings of the wind turbine generator including the supporting
structure, footings, electrical details and required equipment. The
proposed installation shall be in compliance with the 2006 IECC and
be certified by a professional engineer. A plot plan shall be provided
to document all required setbacks, and a survey may be required.
(12)
Certification. Upon completion of constructing a wind turbine
generator and prior to operation, the installer shall certify that
all components have been installed in accordance with the plans and
specifications that were submitted with the permit application.
(13)
Excess electricity. Accessory wind turbine generators shall
provide power for the principal use and/or accessory use of the property
on which it is located and shall not be used for the generation of
power for the sale of energy to other users, although this provision
shall not be interpreted to prohibit the sale of excess power generated
from time to time to the local utility company.
(14)
Removal. Any wind turbine generator that is inoperable and has
not functioned for a period of 12 months shall be deemed to have been
abandoned and shall, upon notification by the Township, be subject
to removal by the owner, at the owner's expense.
O.
Solar collectors, accessory. An accessory solar collector is a freestanding
or fixed device, or combination of devices, structures, or part of
a device or structure that transforms direct solar energy into thermal,
chemical, or electrical energy that contributes significantly to a
structure's energy supply and which is sized and intended to be used
to generate electricity for the principal structure to which it is
accessory.
(1)
Districts; standards. Accessory solar collectors and associated energy storage facilities are permitted in all districts only in compliance with this § 400-504O and other applicable standards of this chapter.
(2)
Excess electricity. Accessory solar collectors shall provide
power for the principal use and/or accessory use of the property on
which it is located and shall not be used for the generation of power
for the sale of energy to other users, although this provision shall
not be interpreted to prohibit the sale of excess power generated
from time to time to the local utility company.
(3)
Mounting. A solar energy system may be roof-mounted or ground-mounted.
(4)
Height.
(a)
Roof-mounted. A roof-mounted system may be mounted on a principal
building or accessory building. A roof-mounted system, whether mounted
on the principal building or accessory building, shall not exceed
the maximum building height or accessory building height specified
for the underlying zoning district.
(b)
Freestanding. A freestanding system shall not exceed the maximum
building height for accessory buildings.
(6)
Power lines. All power transmission lines from a freestanding
solar energy system to any building or other structure shall be located
underground.
(7)
Uniform Construction Code; manufacturer's standards. The system
shall be installed in accord with Uniform Construction Code and manufacturer's
standards.
(8)
Removal. The solar collectors and all associated equipment and
facilities shall be immediately removed when it is no longer in service,
and failure to do so shall constitute a zoning violation.
P.
Private flea markets and similar events. Private flea markets, craft
fairs, bazaars, celebration and similar community events conducted
by a service, nonprofit, religious or charitable organization are
permitted as accessory uses, provided that the same are conducted
upon lands owned by such organizations or conducted upon land situated
in a commercial district leased to such organization. Any such organization
may not conduct a private flea market for more than seven successive
days and not more than two such periods in any one calendar year.
Q.
Retail sales of agricultural/forestry products. Structures and parking
associated with retail sales of agricultural/forestry products produced
and/or processed on the premises and retail sales up to 5,000 square
feet of agricultural/forestry related products with an active agriculture/forestry
use, as permitted by the Schedule of Uses, shall comply with the requirements
for principal structures.
This § 400-505 shall apply to all new and expanded uses and to changes of use, and all such uses shall be provided with parking and loading areas adequate to meet the needs of the use. Any proposal which is considered a land development as defined by Chapter 345, Subdivision and Land Development, shall be governed by the parking and loading area design standards in that chapter. Following the establishment of any land development, the ongoing operation and maintenance of the off-street parking and loading facilities shall comply with the requirements of this § 400-505, and violations shall be subject to the enforcement provisions of this chapter.
A.
Availability and use of facilities.
(1)
Availability. The facilities required herein shall be available
throughout the hours of operation of the particular business or use
for which such facilities are provided. As used herein, the term "parking
space" includes either covered garage space or uncovered parking lot
space located off the public right-of-way.
(3)
Continuing obligation of parking and loading spaces. All required
numbers of parking spaces and off-street loading spaces shall be available
as long as the use or building which the spaces serve still exists,
and such spaces shall not be reduced in number below the minimum required
by this chapter.
(4)
Non-parking use. Required off-street parking, loading, and unloading
facilities and accessways shall not be used for any other purpose,
including, but not limited to, sales, display or storage areas, or
the parking of any vehicles for which the area was not approved (e.g.,
parking of tractor trailers in required passenger vehicle areas).
(5)
Existing parking. Any parking spaces serving such preexisting
structures or uses at the time of the adoption of this chapter shall
not in the future be reduced in number below the number required by
this chapter. If a new principal nonresidential building is constructed
on a lot, then any existing parking on such lot that serves such building
shall be reconfigured to comply with this chapter, including, but
not limited to, required parking and areas reserved for additional
parking if needed, requirements for channelization of traffic from
adjacent streets, channelization of traffic within the lot, minimum
aisle widths, paving and landscaping.
(6)
Driveways, garages and carports. Driveways, garages and carports
not in the public right-of-way may be considered parking spaces.
B.
Site plan; design.
(1)
Site plan. The project application shall include a site plan
that shows the parking, loading and unloading area, and access design.
(2)
General. Parking spaces, loading and unloading areas, and accessways
shall be laid out to result in safe and orderly use and to fully address
all of the following: vehicular access onto and off the site, vehicular
movement within the site, pedestrian patterns and any drive-through
facilities. No parking area shall cause a safety hazard or impediment
to traffic on or off the lot.
(3)
Pedestrian access and circulation. The parking and access plan
shall include details of pedestrian access to the site and pedestrian
circulation within the site. The intent shall be to facilitate pedestrian
access and provide safe and convenient circulation from parking areas
to the structure or use.
(4)
Design. Off-street parking areas, accessways, fire lanes, traffic
flow signs, pavement markings, and other necessary facilities shall
be designed and provided in accord with the most current Institute
of Transportation Engineers Traffic Engineering Handbook, or other
generally accepted methodology approved by the Township. The applicant
shall provide copies of the methodology used for the design. Notwithstanding
the above, all parking spaces and the overall design shall be ample
in size for the vehicles for which use is intended and stalls shall
be a minimum of 10 feet by 20 feet with aisles of not less than 24
feet unless designed as required above.
C.
Illumination. All driveways, aisles, maneuvering spaces, vehicular service areas, and spaces between or around buildings, designed for use by more than four cars other than those accessory to a single dwelling, shall be illuminated according to § 400-702J.
D.
Public rights-of-way. Parking, loading and unloading of vehicles
shall not be permitted on public rights-of-way, except in designated
areas and in accord with municipal parking regulations. No parking
area shall be designed which requires or encourages parked vehicles
to be backed into a public street.
E.
Parking between principal structure and road. Applicants should consider
locating off-street parking and loading to the side or rear of the
principal building to maintain rural and village character.
F.
Number of spaces to be provided. The number of parking spaces required by this § 400-505F shall be considered the minimum and maximum requirements unless modified in accord with this § 400-505F.
(1)
Parking required for nonresidential uses. The number of spaces required by this § 400-505F shall be considered to the minimum and maximum requirements unless modified in accord with this § 400-505F.
(a)
Parking demand table. Off-street parking spaces shall be provided
and maintained in accord with the Parking Demand Table included as
an appendix to this chapter or the latest edition of Parking Generation
published by the Institute of Transportation Engineers.[1]
[1]
Similar use. The parking provided for the proposed use shall
be based on the most similar use and unit of calculation listed in
the Parking Demand Table as determined by the Zoning Officer.
[2]
Table updates. The Parking Demand Table may be updated by resolution
of the Board of Supervisors to include more current data.
[1]
Editor's Note: The Parking Demand Table is included as an attachment to this chapter.
(b)
Land uses with 85th percentile data listed in the parking demand
table.
[1]
Constructed. The number of paved parking spaces constructed
shall conform to the average peak period demand as noted in the Parking
Demand Table.
[2]
Reserved. Space shall be reserved to allow for expansion to the 85th Percentile, as listed in the Parking Demand Table, unless a reduction is approved in accord with § 400-505F(4).
(c)
Land uses without 85th percentile data listed in the Parking
Demand Table.
[1]
Constructed. The number of paved parking spaces constructed
shall be the average peak period demand or 85% of the peak, whichever
is reported in the Parking Demand Table.
[2]
Reserved. Space shall be reserved to allow for expansion to 115% of the number of spaces required by § 400-505F(1)(c)[1] unless a reduction is approved in accord with § 400-505F(4).
(d)
When the required number of parking spaces cannot be determined
because the Parking Demand Table in the Appendix does not include
the proposed use, the following table shall be used. If this following
table also does not include the proposed use, the required number
of parking spaces shall be determined by the Planning Commission,
based on recommendations from the Zoning Officer and the Township
Engineer, and on information provided by the applicant.
[Added 5-20-2019 by Ord.
No. 2019-04]
|
Table of Parking Standards for Specific Uses
| ||
|---|---|---|
|
Minimum Number of Off-Street Parking Spaces Required
| ||
|
1 Off-Street Parking Space Required for Each
|
Plus 1 Off-Street Parking Space Required for Each
| |
|
Residential Uses
| ||
|
Boarding house
|
1 room or occupant
|
N/A
|
|
Home occupations and home-based businesses
|
1 nonresident employee working during an 8-hour period
|
1 space per customer during any 1-hour period of maximum use
|
|
Recreational Uses
| ||
|
Commercial swimming pool
|
4 persons of total capacity
|
1 space per employee or worker at maximum number in a shift
|
|
Driving range, miniature golf
|
3 persons of total capacity
|
Each employee
|
|
Private or membership clubs or lodges
|
6 members or 6 persons of total capacity
|
1 space per an employee in a shift with maximum employees
|
|
Institutional And Educational Uses
| ||
|
Auditoriums
|
3 seats
|
2 full-time employees
|
|
Meeting or assembly hall for fraternal or civic organizations
|
50 square feet of floor area
|
Each employee
|
|
Retail And Commercial Service Uses
| ||
|
Automobile or truck sales; furniture or appliance store
|
300 square feet of sales floor area
|
Each employee
|
|
Business services such as banks and credit unions
|
100 square feet of floor area used for serving customers
|
Each employee
|
|
Funeral home
|
4 seats for patron use or 50 square feet of gross floor area
|
Full-time, nonresident employee
|
|
Flea markets (indoor and outdoor)
|
200 square feet of gross floor area
|
Each vendor
|
|
General retail stores and businesses
|
150 square feet of area used for serving customers
|
Each employee
|
|
Personal services business such as barber shops, photo shops,
appliance repair
|
100 square feet of area used for serving customers
|
2 full-time employees
|
|
Professional offices, such as consultants, insurance, real estate
|
200 square feet of gross floor area
|
Each employee
|
|
Self-service laundromat
|
Washing or dry-cleaning machine
|
2 full-time employees
|
|
Vehicle servicing and repair
|
1/3 service bay (3 spaces per bay)
|
Each employee, full- or part-time
|
|
NOTE:
|
|
If one of the tables conflicts with the other table, the more
restrictive or larger parking standard will apply.
|
(2)
Parking required for residential uses. Off-street parking spaces
shall be provided and maintained for each dwelling unit as follows:
(a)
Single-family dwellings: three per dwelling unit.
(b)
Two-family dwellings: two per dwelling unit.
(c)
Multifamily dwellings: two per dwelling unit located with the
unit plus 0.25 per dwelling unit for visitors and other spillover
parking. No dwelling unit shall be less than 250 feet from a spillover
parking area. No spillover parking area shall have less than five
spaces.
(d)
Multifamily senior citizen and other senior citizen housing:
one per dwelling unit located with the unit plus 0.25 per dwelling
unit for visitors and other spillover parking. No dwelling unit shall
be less than 250 feet from a spillover parking area. No spillover
parking area shall have less than 5 spaces.
(e)
Assisted-living facilities: 0.5 per dwelling unit.
(3)
Township required reduction. In the case of parking for conditional uses and special exceptions, if the Board of Supervisors/Zoning Hearing Board determines that the number of parking spaces required by this § 400-505 is not necessarily required to meet the immediate needs of the proposed use, the Township may require the number of spaces provided to be reduced by a maximum of 25% based on the average peak period demand or peak, whichever is reported for the use in the Parking Demand Table. The developer shall dedicate sufficient and suitable area to future parking to meet the normal standards in this § 400-505.
(4)
Applicant proposed reduction/increase. The required number of
parking spaces may be reduced or increased subject to conditional
use approval by the Board of Supervisors for uses classified as principal
permitted uses and conditional uses and by the Zoning Hearing Board
for uses classified as special exceptions. The applicant shall provide
evidence justifying the proposed reduction or increase of spaces,
such as studies of similar developments during peak hours. The applicant
shall also provide relevant data, such as number of employees and
peak expected number of customers/visitors. Any approval to permit
such decrease or increase shall be subject to the following:
(a)
Ordinance and plan consistency. The project design and parking
space decrease shall be consistent with the purposes contained in
this chapter and the goals and objectives of the Comprehensive Plan.
(b)
Quality of design. The applicant shall demonstrate to the Board
of Supervisors that the proposed decrease will result in an adequate
number of parking spaces or the increase will not produce an excess
number of spaces for the use based on a specific study of the parking
demands for the proposed use or empirical data reported by a generally
accepted source such as the Institute of Transportation Engineers,
the Urban Land Institute, the American Planning Association, or similar
entity.
(c)
Local conditions. In making its determination, the Board of
Supervisors or the Zoning Hearing Board shall also consider, among
others, the demographics and character of the neighborhood, demographics
of targeted customers and employees, availability of mass transit,
existing on-street parking conditions, and any employer-instituted
transportation demand management programs.
(d)
Burden; conditions.
[1]
If the Board of Supervisors or the Zoning Hearing Board, in
its sole discretion, determines that the applicant has met the burden
of proof, it may grant a conditional use for the decrease or increase.
[2]
In no case shall parking be reduced by more than 30% nor be
increased by more than 20% of the minimum parking requirement.
[3]
If the applicant provides more parking spaces than the minimum
required, the additional parking spaces shall not result in the removal
of specimen trees.
[4]
The Board of Supervisors or the Zoning Hearing Board may impose
such conditions as will, in its judgment, secure the objectives and
purposes of this chapter, including, but not limited to, reserving
parking.
(5)
Form of reservation. Each parking reservation shall be in a
form acceptable to the Township Solicitor that legally binds current
and future owners of the land to keep the reserved parking area in
open space and, if the Township determines it is necessary, to provide
the additional parking in the time and manner as stipulated in the
reservation document. Proof of recording of the agreement shall also
be provided to the Township before the issuance of a zoning permit
for the project.
(6)
Reserved parking disturbance and stormwater. The reserve parking
areas shall remain undisturbed or shall be landscaped, but shall be
included in the calculations of lot coverage area and for stormwater
management and for the requirement of a NPDES permit. The stormwater
facilities shall be constructed in accord with the approved sequencing
design as parking areas are constructed.
G.
Off-street loading and unloading areas.
(1)
Required. In connection with any building or structure which is erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, off-street loading and unloading berths shall be provided as specified in this § 400-505. For the purposes of this section, the words "loading" and "unloading" are used interchangeably.
(2)
Number. Each use shall provide off-street loading facilities
sufficient to accommodate the maximum demand generated by the use
and the maximum-sized vehicle in a manner that will not routinely
obstruct traffic on a public street. If a reasonable alternative does
not exist, traffic may be obstructed during off-peak hours for loading
and unloading along an alley, rear service lane or parking area. Loading
areas shall not be used to satisfy parking requirements.
(3)
Location. All required loading areas shall be located on the same lot as the use to be served. No loading area for vehicles of more than two-ton capacity shall be located closer than 100 feet from any residential district. No loading area shall be located within 50 feet of a property line unless the lot is less than 200 feet wide, in which case, such setback may be reduced to not less than 25 feet, at the discretion of the Township. No loading facilities shall be constructed within any required setback areas. Loading facilities shall be located on either the side or rear of the building and screened in accord with § 400-702C and Chapter 345, Subdivision and Land Development.
(4)
Access. Each required off-street loading area shall be designed
with appropriate means of vehicular access to an interior drive in
a manner which will least interfere with traffic movements, and shall
be subject to the approval of the Township. Such access shall have
paved surfaces to provide safe and convenient access during all seasons.
(5)
Repair and service. No storage of any kind, nor motor vehicle
repair work of any kind, except emergency work, shall be permitted
within any required loading area.
(6)
Hours of operation. Where the use requiring loading and unloading
activities is located within 500 feet of a residential use or district,
the hours of operation for loading or unloading activities shall be
prohibited between the hours of 11:00 p.m. and 6:00 a.m.
(7)
Fire lanes. All buildings shall be accessible to emergency vehicles
and shall meet applicable requirements.
H.
Access to off-street parking and loading areas. There shall be adequate
provisions for ingress and egress to all parking and loading spaces
designed for use by employees, customers, delivery services, salespeople
and/or the general public. Access to and from all off-street parking,
loading and vehicle service areas along public rights-of-way shall
consist of well-defined separate or common entrances and exits and
shall comply with the following provisions:
(1)
Width. Unless otherwise required by PennDOT for access to a
state road, the width of the driveway/accessway onto a public street
at the right-of-way shall comply with the most current Institute of
Transportation Engineers design standards for the type and volume
of vehicles anticipated.
(2)
Controlled access. Each entrance and exit shall be clearly defined
with curbing, fencing, landscaping or vegetative screening so as to
prevent access to the area from other than the defined entrance and
exit.
(3)
Highway occupancy permit. All new uses shall be required to
obtain a highway occupancy permit from the Township or PennDOT, as
the case may be. In the case of a change in use or the expansion of
an existing use, a highway occupancy permit or a revised highway occupancy
permit shall be required if there will be increase in average daily
traffic based on the most recent edition of the International Traffic
Engineers Traffic Generation Manual. Where a use accesses the public
right-of-way via a private road, the highway occupancy permit requirement
and criteria shall be applied at the public right-of-way intersection.
(4)
Interior travelways. The applicant shall demonstrate that travelways
within the property are adequate to safely and efficiently serve vehicles
which are reasonably expected to visit the property. Turning radius
templates developed by the American Association of State Highway Transportation
Officials (AASHTO) shall serve as the design standard.
(5)
Curbing. Access drives and landscaping shall be defined with
concrete curbing or such alternate material as may be approved by
the Township.
I.
Parking and loading area setbacks.
(1)
Roads and property lines. All parking and loading areas (not including parking decks) and parallel circulation and service lanes serving any commercial, industrial, institutional or multifamily use shall be separated from any public road right-of-way or adjoining property lines by a landscaped buffer area not less than 10 feet wide unless a wider buffer is required by another ordinance provision or adjoining uses share parking in accord with § 400-505L.
(2)
Buildings. Parking spaces serving principal nonresidential buildings
and multifamily dwellings shall be located a minimum of 10 feet from
any building wall, unless a larger distance is required by another
ordinance provision. This distance does not apply at vehicle entrances
into or under a building.
J.
Grading and drainage; paving.
(1)
Grading and drainage. Parking and loading facilities, including
driveways, shall be graded and adequately drained away from building
areas, to prevent erosion and to avoid increased or altered flow of
stormwater runoff into streets or onto adjacent properties.
(2)
Grade. All areas provided for the parking of vehicles shall
have a minimum grade of 0.5% and a maximum grade of 6%.
(3)
Paving. Except for single-family homes, all portions of required parking areas, loading areas and accessways (except for landscaped areas) shall be surfaced with a minimum of 2.5 inches of asphalt paving, paving blocks, or porous pavers over a suitable base. Other surface systems of equal performance, only for additional spaces above the minimum required, may be approved by the Board of Supervisors, provided the applicant details in writing the justification for any relief from the applicable standards. Surfacing of parking and loading areas within a proposed project which is considered to be a land development shall be governed by Chapter 345, Subdivision and Land Development.
[Amended 5-20-2019 by Ord. No. 2019-04]
(4)
Low or seasonal use. The Board of Supervisors may allow parking
areas with low or seasonal use to be maintained in stone or other
suitable surfaces. For example, the Board may allow parking spaces
to be unpaved, while the major aisles are surfaced with stone or other
suitable material. Any request must be in writing and a justification
for relief presented.
[Amended 5-20-2019 by Ord. No. 2019-04]
K.
Off-lot parking. Required parking may be provided on a different
lot than on the lot on which the principal use is located, provided
the parking is not more than 400 feet from the principal use lot.
Off-lot parking areas shall be permitted only in a district where
the principal use is permitted. Both parcels shall be under the same
control, either by deed or long-term lease, as the property occupied
by such principal use, and the owner shall be bound by covenants of
record filed in the office of the County Recorder of Deeds requiring
the owner and his or her heirs and assigns to maintain the required
number of off-street parking spaces during the existence of said principal
use.
L.
Shared parking. Shared parking may be permitted subject to conditional
use approval by the Board of Supervisors for uses classified as principal
permitted uses and conditional uses and by the Zoning Hearing Board
for uses classified as special exceptions. The following regulations
shall apply:
(1)
Application for shared parking. Applicants seeking a shared
parking arrangement shall have a shared parking study prepared by
a traffic engineering firm qualified in the field of shared parking
as demonstrated through submission of qualifications and references
to the Board of Supervisors/Zoning Hearing Board. The applicants shall
submit the shared parking study to the Township for review. Factors
to be considered in evaluating the desirability of implementing parking
arrangements should include operating hours, seasonal/daily peaks
in parking demand, the site's orientation, location of access driveways,
transit service, accessibility to other nearby parking areas, pedestrian
connections, distance to parking area, availability of parking spaces,
and cooperation of adjacent owners.
(2)
Calculation of parking spaces required. The minimum number of
shared parking spaces for a mixed-use development or where shared
parking strategies are proposed shall be determined by a study prepared
by the applicant following the procedures of the Urban Land Institute
Shared Parking Report, ITE Shared Parking Guidelines, or other professionally
recognized procedures. A formal shared parking study may be waived
by the Board for developments proposing 12 or fewer shared parking
spaces and where the applicant has established to the Board of Supervisors/Zoning
Hearing Board's satisfaction that its impact is expected to be minimal.
(3)
Location of shared parking spaces. Shared spaces for residential
units shall be located within 300 feet of the dwelling unit entrances
they serve. Shared spaces for other uses shall be located within 600
feet of the principal building entrances of all sharing uses. However,
up to 20% of the spaces may be located greater than 600 feet but less
than 1,000 feet from the principal entrances. Clear, safe pedestrian
connections shall be provided. Pedestrians shall not be required to
cross an arterial street in order to access shared parking spaces.
(4)
Easement agreements. If a privately owned parking facility is
to serve two or more separate properties, a legal agreement between
property owners guaranteeing access to, use, maintenance and management
of designated spaces is required. Such agreement shall be submitted
to the Township for review and approval. The Board of Supervisors/Zoning
Hearing Board may require that the property owners record the agreement
as an easement with the Monroe County Recorder of Deeds.
(5)
Shared parking plan. A shared parking plan shall be submitted
when the shared parking study determines that the number of parking
spaces which would otherwise be required under the applicable ordinances
can be reduced by 10% or more by the application of shared parking
to the parcel or parcels. Where a shared parking plan is submitted,
it shall include:
(a)
Site plan of parking spaces intended for shared parking and
their proximity to the land uses they serve.
(b)
A signage plan that directs drivers to the most convenient parking
areas for each particular use or group of uses (if such distinctions
can be made).
(c)
A pedestrian circulation plan that shows connections and walkways
between parking areas and land uses. These paths should be as direct
and short as possible consistent with pedestrian safety.
(d)
A safety and security plan that addresses lighting and maintenance
of the parking areas.
(e)
A drawing identifying a location which shall be held in reserve
for future parking needs should changes in the tenant/occupant mix
on the parcel or other circumstances reduce the effectiveness of shared
parking among the parcels.
(6)
Adoption of a shared parking plan. The Board of Supervisors/Zoning
Hearing Board may condition the grant of subdivision or land development
approval upon compliance by the applicant with a shared parking plan
acceptable to the Board.
(7)
Modification of a shared parking plan. The owner of a property where parking has been provided pursuant to a shared parking plan may request the Board to approve a revision to that shared parking plan if the tenants/occupants of buildings on the involved parcels change such that a new shared parking study shows an increase by 10% or more for parking spaces on the parcel. The Board of Supervisors/Zoning Hearing Board may, in its sole discretion, grant or deny such request based upon its analysis of the parking needs of the site, the availability of parking on neighboring parcels or on the streets, and such other factors as it deems relevant. The request may only be granted if the affected parcel(s) have a reserved parking location as set forth in § 400-505L(5)(e) above and only to the extent that the additional required parking spaces can be placed in that reserve area.
(8)
Reserve area. The number of parking spaces to be constructed pursuant to a shared parking plan may be less than the number required under this § 400-505 pursuant to a shared parking plan only where the following conditions are met:
(a)
The land development plan submitted by the applicant shall identify an area which, if necessary, could be used to meeting the parking requirements of this § 400-505 without the use of shared parking (the "parking reserve area"). That area shall be set aside for possible future use as parking if necessary. The Board of Supervisors/Zoning Hearing Board may, upon application of the property owner and for good cause shown, allow such area to be converted to parking;
(b)
In no event shall the authorized portion of the required parking
area that is not to be constructed but reserved for possible future
use be counted towards satisfying any open space requirements which
must be met under the terms of this chapter;
(c)
The parking reserve area shall be designed so that, if required,
it will be easy to convert the area into parking;
(d)
Stormwater management plans proposed for the affected land development
shall be prepared on the assumption that the parking reserve areas
will be part of the impervious coverage; and
M.
Shopping carts. Establishments furnishing carts or mobile baskets
shall provide definite areas on the site for the storage of the said
carts. Storage areas shall be clearly marked and designed for the
storage of shopping carts and/or mobile baskets. Establishments furnishing
carts or mobile baskets shall provide definite areas on the site for
the storage of the said carts. Storage areas shall be clearly marked
and designed for the storage of shopping carts and/or mobile baskets.
N.
Snow storage and removal. All plans for proposed parking areas of
30 or more spaces shall include details for adequate snow storage
and removal.
For the purposes of this chapter the streets and roads in Polk
Township are classified in the following tables, which may be updated
by resolution of the Board of Supervisors:
|
Polk Township Streets and Roads
| |||
|---|---|---|---|
|
Name
|
Classification
|
Township Road #
| |
|
1
|
Alpine Drive
|
Local
|
475
|
|
2
|
Arnold Drive
|
Local
|
468
|
|
3
|
Astolat Road
|
Collector
|
431
|
|
4
|
Barry South Road
|
Collector
|
436
|
|
5
|
Bear Road
|
Collector
|
416
|
|
6
|
Blue Mountain Court
|
Local
|
630
|
|
7
|
Bruch Road
|
Collector
|
614
|
|
8
|
Burger Hollow Road
|
Minor Arterial
|
644
|
|
9
|
Cane Lane
|
Local
|
467
|
|
10
|
Carney Road
|
Collector
|
375
|
|
11
|
Doney Road
|
Collector
|
424
|
|
12
|
Dorshimer Road
|
Collector
|
645
|
|
13
|
Dotters Corner Road
|
Collector
|
446
|
|
14
|
Eagle Drive
|
Local
|
647
|
|
15
|
Emily Way
|
Local
|
628
|
|
16
|
Floyd Drive
|
Collector
|
422
|
|
17
|
Frantz Road
|
Local
|
617
|
|
18
|
Gemerd Road
|
Collector
|
441
|
|
19
|
Getz Dawl Road
|
Collector
|
373
|
|
20
|
Glenwood Road
|
Collector
|
417
|
|
21
|
Golf View Drive
|
Local
|
460
|
|
22
|
Greenway Lane
|
Local
|
464
|
|
23
|
Haney Road
|
Collector
|
438
|
|
24
|
Heiney Lane
|
Local
|
419
|
|
25
|
Hell Hollow Road
|
Collector
|
439
|
|
26
|
Hideaway Hill Road
|
Collector
|
356
|
|
27
|
High Hill Road
|
Collector
|
454
|
|
28
|
High Point Drive
|
Local
|
618
|
|
29
|
Hill Road
|
Local
|
625
|
|
30
|
HTY Road
|
Local
|
440
|
|
31
|
Jason Lane
|
Local
|
619
|
|
32
|
Keller Road
|
Collector
|
429
|
|
33
|
Kitty Lane
|
Local
|
638
|
|
34
|
Kresge Farm Road
|
Collector
|
445
|
|
35
|
Kyle Drive
|
Local
|
616
|
|
36
|
Laurel Lane
|
Local
|
471
|
|
37
|
Leisure Drive
|
Local
|
473
|
|
38
|
Leisure Lane
|
Local
|
477
|
|
39
|
Link Lane
|
Local
|
633
|
|
40
|
Long Acre Drive
|
Collector
|
470
|
|
41
|
Long Mountain Road
|
Collector
|
450
|
|
42
|
Lower Green Hill Road
|
Collector
|
350
|
|
43
|
Lower Middle Creek Road
|
Collector
|
444
|
|
44
|
Maple Spring Drive
|
Local
|
650
|
|
45
|
McCormack Lane
|
Local
|
649
|
|
46
|
Meadow Drive
|
Local
|
643
|
|
47
|
Memorial Drive
|
Collector
|
443
|
|
48
|
Meriwill Lane
|
Local
|
639
|
|
49
|
Mertz Road
|
Collector
|
442
|
|
50
|
Mount Clay Drive
|
Collector
|
469
|
|
51
|
Mountain Laurel Drive
|
Local
|
652
|
|
52
|
Murphy Lane
|
Local
|
651
|
|
53
|
New Smith Drive
|
Local
|
428
|
|
54
|
New York Boulevard
|
Collector
|
452
|
|
55
|
Old Sawmill Road
|
Local
|
627
|
|
56
|
Old Stage Coach Road
|
Collector
|
412
|
|
57
|
Overlook Drive
|
Local
|
634
|
|
58
|
Par Drive
|
Local
|
462
|
|
59
|
Peggy Lane
|
Local
|
648
|
|
60
|
Pheasant Run Road
|
Collector
|
646
|
|
61
|
Pine Tree Lane
|
Local
|
632
|
|
62
|
Pohopoco Drive North
|
Local
|
421
|
|
63
|
Polk Township Road
|
Collector
|
413
|
|
64
|
Potato Path Road
|
Local
|
629
|
|
65
|
Radiant Drive
|
Local
|
466
|
|
66
|
Rainbow Terrace
|
Local
|
623
|
|
67
|
Ralph Samuel Boulevard
|
Local
|
641
|
|
68
|
Red Fox Court
|
Local
|
635
|
|
69
|
Rena Drive
|
Local
|
472
|
|
70
|
Robin Lane
|
Local
|
426
|
|
71
|
Rodeo Drive
|
Local
|
640
|
|
72
|
Scheller Hill Road
|
Collector
|
430
|
|
73
|
Serfass Road
|
Collector
|
414
|
|
74
|
Short Lane
|
Collector
|
411
|
|
75
|
Short Ridge Drive
|
Local
|
631
|
|
76
|
Silver Fox Drive
|
Local
|
637
|
|
77
|
Smith Road
|
Collector
|
437
|
|
78
|
Squirrel Wood Court
|
Local
|
620
|
|
79
|
Steckel Road
|
Collector
|
448
|
|
80
|
Sterner Run Road
|
Local
|
615
|
|
81
|
Sunset Circle
|
Local
|
476
|
|
82
|
Sunset Lane
|
Local
|
621
|
|
83
|
Terrace Court
|
Local
|
474
|
|
84
|
Tiffany Court
|
Local
|
351
|
|
85
|
Trach Road
|
Local
|
501
|
|
86
|
Twin Pine Ct.
|
Local
|
—
|
|
87
|
Upper Green Hill Road
|
Collector
|
352
|
|
88
|
Upper Middle Creek Road
|
Collector
|
449
|
|
89
|
Valley Road East
|
Local
|
642
|
|
90
|
Valley Road West
|
Local
|
642
|
|
91
|
Village Road
|
Local
|
622
|
|
92
|
Vixen Drive
|
Local
|
636
|
|
93
|
Watercrest Avenue
|
Local
|
626
|
|
94
|
Whitey B. Drive
|
Collector
|
425
|
|
95
|
Windy Hill Road
|
Collector
|
447
|
|
96
|
Winter Court
|
Local
|
624
|
|
97
|
Winter Hill Road
|
Local
|
465
|
|
Pennsylvania Department of Transportation Streets and Roads
| |||
|---|---|---|---|
|
Name
|
Classification
|
State Route #
| |
|
1
|
Beltzville Drive
|
Minor Arterial
|
3012
|
|
2
|
Interchange Road
|
Major Arterial
|
0209
|
|
3
|
Jonas Road
|
Minor Arterial
|
3016
|
|
4
|
Mill Pond Road
|
Collector
|
3010
|
|
5
|
Molasses Valley Road
|
Collector
|
3006
|
|
6
|
Mountain View Drive
|
Minor Arterial
|
3008
|
|
7
|
Scenic Drive
|
Major Arterial
|
0534
|
|
8
|
Silver Spring Boulevard
|
Minor Arterial
|
3003
|
|
9
|
Weir Mountain Road
|
Collector
|
3005
|
[Added 8-26-2024 by Ord.
No. 2024-04]
A.
Applicability. No person shall install, construct, modify, drill,
or excavate to facilitate the construction/installation and modification
of a GSHP without first obtaining from the Township a zoning permit.
A permit under the provision of this chapter shall be required prior
to any person:
B.
CLOSED-LOOP GSHP
CLOSED-LOOP, HORIZONTAL
CLOSED-LOOP, VERTICAL
GROUND SOURCE HEAT PUMP (GSHP)
OPEN-LOOP GSHP
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A geothermal heat exchanger that circulates a nontoxic antifreeze
heat transfer fluid through a loop or multiple loops of piping installed
below the ground surface or within a surface water body.
A closed-loop GSHP in which the loops of pipe are placed
horizontally in subsurface trenches.
A closed-loop GSHP in which the loops of pipe are installed
vertically within well borings.
A mechanical/electrical/electronic device, also known as
"geothermal heat pump or geoexchange system," which uses the geothermal
exchange properties and the relatively constant temperature of earth
formations for heating and/or cooling a building space. A GSHP generally
includes the heat pump unit, a heat exchanger and a heating/cooling
distribution system.
A geothermal heat exchanger that withdraws groundwater from
a supply well, or surface water, passes the water through a heat pump,
and discharges the water back to the ground in a return well, to the
ground surface, or into surface water.
C.
Closed-loop systems. All ground source heat pump systems shall be
closed-loop systems. Open-loop GSHP systems shall not be permitted.
GSHP systems shall be designed and constructed in accordance with
the International Ground Source Heat Pump Association (hereafter IGSHPA)
Installation Standards.
D.
Minimum isolation requirements. The perimeter of the GSHP subsurface
loops, vertical or horizontal, shall meet the following minimum isolation
requirements.
(1)
One hundred feet from any existing or proposed drinking water
wells;
(2)
Twenty-five feet from any existing or proposed individual or
community on-lot sewage disposal system including any primary or alternate
drain field sites;
(3)
Twenty-five feet from property lines, rights-of-way; and
(4)
Twenty-five feet from existing or proposed structures.
E.
Subsurface loops. With respect to the subsurface loop of the GSHP
systems:
(1)
The subsurface loop piping for same must be made of polyethylene
or a substitute similar material approved for use by the IGSHPA. All
joints shall be sealed by heat fusion or IGSHPA certified process;
(2)
GSHP systems shall be equipped with an automatic shutdown device
to prevent circulating fluids or oil leaks from migrating;
(3)
Visual and audible alarms shall be installed in the building
or structure in the event of a system malfunction or leakage;
(4)
Warning labels shall be prominently posted near the interior
mechanical system; and
(5)
For closed-loop GSHP systems, only water or mixture of water
and food-grade propylene glycol may be used as the circulating fluid
unless a similarly inert fluid is approved for use by the IGSHPA.
F.
Plan requirement. A written plan shall provide for the operation
and periodic inspections of the GSHP system proposed by the system
designer and approved by the property owner which, among other matters,
provides that:
(1)
Any GSHP system leaks or released will be reported by the owner
to the Township within two hours of the discovery of same, and the
owner shall covenant and agree to take all necessary appropriate action
to minimize any fluid release to the ground and to promptly repair
any system leaks; and
(2)
A system closure plan for use in the event of the discontinuance
of the use of the GSHP system.
G.
Standards for vertical closed-loop GSHP systems.
(1)
Vertical closed-loop GSHP systems.
(a)
GSHP well drilling shall only be undertaken by a Pennsylvania
licensed well driller.
(b)
Well shall be grouted to protect against degradation or contamination
of the groundwater of intermingling of separate aquifers.
(c)
Grouting shall be mixed, pumped and placed in accordance with
the procedures recommended by the International Ground Source Heat
Pump Association. Acceptable grout materials are as follows:
(d)
Grouting shall be placed in the borehole from the bottom to
the top. Grouting shall be pumped into place via a tremie pipe.
(2)
Prior to activation of the system with respect to each vertical
GSHP well installation, the Pennsylvania licensed well driller and/or
system installer shall provide to the Township Zoning Officer:
(a)
An accurate written drilling record and a written geologic log;
and
(b)
An accurate record of the grouting used for each such well;
and
(c)
As-built plans and related documentation for each such system
and well location; and
(d)
Written documentation of the GSHP system testing and certification.
(3)
Wells for closed-loops systems shall not be placed within a
special flood hazard area (floodplain) or within wetlands.
H.
Standards for horizontal closed-loop systems.
(1)
Care shall be taken that no rocks are in contact with piping.
In rocky soils, pipe shall be placed in a bed of sand or limestone
screenings at the bottom of the trenches.
(2)
Flowable backfill consisting of water, sand and cement may be
used to surround the pipe in the trench.
(3)
Metallic pipe location tape shall be placed 12 inches below
the ground surface to alert future owners and excavators to the presence
and location of the system.
(4)
The depth of the tubing or heat transfer element must be at
least 30 inches below the surface of the ground.
(5)
Loop piping shall be subsurface, placed within the ground. No
loop piping shall be placed within surface waters.
(6)
Loop piping shall not be placed within a special flood hazard
area (floodplain) or within wetlands.
I.
Inspections.
(2)
Piping shall be flow and pressure tested before vertical borings
are sealed or before horizontal trenches are backfilled. The Township
Zoning Officer or his or her designee shall observe pressure testing.
(3)
The Township Zoning Officer, or his or her designee, shall observe
grouting of the vertical boreholes of the GSHP wells.
(4)
GSHP system installer shall contact the Township Zoning Officer,
or his or her designee, a minimum of 24 hours in advance to inspect
grouting pond piping and to verify pressure testing.
