Township of Polk, PA Supplementary Regulations

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:

Travelway width of 18 feet minimum.

Shoulders with a width of four feet, minimum, on each side.

Base course with a depth of eight inches, minimum, of suitable material.

Surface of two inches, minimum, of PennDOT 2A aggregate.

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.

Lesser design. The Board of Supervisors may, as a conditional use, approve frontage on a street of a lesser design if it is demonstrated that it would be impossible or impractical to meet the standards in this § 400-502H.

Traffic visibility along streets.

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:

One hundred feet from the intersection of such street center lines, if either street is an arterial street;

Seventy-five feet from the intersection of such street center line if either street is a collector or connector street;

Fifty feet from the intersection of such street center lines, if both streets are minor or local access streets.

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.

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.

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.

§ 400-503 Unique lots, setbacks and building locations.

Two or more uses on a lot.

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.

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.

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:

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).

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.

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.)

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.

Nonconformity of irregularly shaped lots, flag lots and cul-de-sac lots. See § 400-911F.

§ 400-504 Accessory structures and uses.

Accessory structures. All accessory structures shall conform to the minimum regulations established in Article IV except as permitted below.

Unattached accessory structures.

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.

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.

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.

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]

In the case of corner lots, the full setback as specified in § 400-503B shall be maintained.

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.

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]

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.

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.

Prohibited storage units.

[Amended 2-28-2022 by Ord. No. 2022-02]

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.

Storage containers may be located on commercial property as accessory storage units subject to the following requirements:

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;

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;

There will be no more than four such units per acre of property;

There shall be a maximum number of 10 units on any property.

Fences and walls. The erection of any fence or wall in all districts shall be subject to the following provisions:

Clear sight triangles. All fences and walls shall comply with § 400-502I for clear sight triangles.

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.

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.

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.

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.

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.

Home occupations and home-based businesses.

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:

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.

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.

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.

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.

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.

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.

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.

(k)

Section 400-702, Performance standards, shall also apply to home occupations.

(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:

Professional offices for individual practitioners.

Custom dressmaking or tailoring.

Foster family care for not more than four children simultaneously.

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.

[9]

No-impact home-based businesses as defined in Article III.

(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.

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:

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.

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.

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.

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.

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.

The use shall not require the parking of tractor-trailer trucks; however, deliveries by tractor-trailer trucks shall be permitted.

One sign not more than 10 square feet for each face shall be permitted in accord with Article XI.

(h)

Section 400-702, Performance standards, shall also apply to home-based businesses.

(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:

Abused person shelters

Adult businesses

Agricultural products processing

Airports

Amusement parks

Amusement arcades

Banks

Bulk fuel storage facilities

Bus terminals

Campgrounds and recreational vehicle parks

Car and truck washes

Commercial communications device sites

Convenience stores

Correctional facilities

Drive-in stands/uses

Flea markets

Funeral parlors

Gambling establishments

Heliports

Hotels

Junkyards

Manufacturing and industry

Mineral extraction

Mineral processing

Motels

Race tracks

Recycling facilities

Restaurants

Restaurants, outdoor

Restaurants, takeout

Self-storage facilities

Shooting ranges, outdoor commercial

Slaughterhouses

Solid waste facilities

Solid waste landfills

Solid waste transfer facilities

Taverns

Theaters, indoor or drive-in

Truck terminals

Private parking areas and garages.

Accessory off-street parking areas or garages serving the residential or nonresidential parking demand created by the principal building or use are permitted in accord with § 400-505. Accessory garages shall conform with § 400-504A.

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.

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.

Private outdoor swimming pools.

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.

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.

Entry to in-ground and aboveground swimming pools shall be secured in accord with the Uniform Construction Code.

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.

Temporary uses.

Definition. A use accessory to another permitted principal use that operates at a fixed location for a temporary period of time.

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.

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.

Contractor's office and construction equipment sheds.

Permitted in any district where use is incidental to a construction project. Office or shed shall not contain sleeping or cooking accommodations.

Maximum length of permit shall be one year.

Office or shed shall be removed upon completion of construction project.

Required water supply and sanitary facilities shall be provided.

Real estate sales office.

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.

Maximum length of permit shall be two years.

The office shall be removed upon completion of the development of the subdivision.

Required water supply and sanitary facilities shall be provided.

Temporary shelter.

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.

Required water supply and sanitary facilities per PA DEP requirements and electrical service per the PA Uniform Construction Code shall be provided.

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.

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.

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:

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.

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.

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.

Conditions. The temporary use or structure shall:

Be compatible with adjacent uses; and

Clearly be of a temporary nature.

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.

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.

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.

Additional regulations.

Documentation must be provided to the Township that adequate arrangement for temporary sanitary facilities has been made.

All uses shall be confined to the dates specified in the permit.

Hours of operation shall be confined to those specified in the permit.

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.

Yard sales. Individual private family yard sales shall comply with Chapter 394, Yard Sales, as amended.

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.

Heliports as an accessory use. Heliports as accessory uses, in addition to all other applicable ordinance requirements, shall comply with the following standards:

Allowed only in the I District as a conditional use.

The applicant shall document compliance with all applicable state and federal regulations.

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.

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.

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.

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.

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:

Height.

The applicant shall demonstrate that the accessory wind turbine generator and support structure is no higher than recommended by the manufacturer's standards.

The lowest portion of the wind rotor shall not be less than 25 feet above ground level.

Setback.

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.

Guy wire anchors shall not extend closer than 10 feet to any property line or road-right-of-way.

Uniform Construction Code; manufacturer's standards.

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]

Editor's Note: See Ch. 170, Construction Standards, Art. I, Enforcement of Uniform Construction Code.

The generator and support structure shall be installed in accord with all Uniform Construction Code and manufacturer requirements.

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.

Climb prevention/locks/fence.

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.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent access by nonauthorized persons.

Noise and shadow flicker.

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."

Best efforts shall be used to minimize shadow flicker to any occupied building on any other parcel.

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.

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.

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.

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.

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.

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.

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.

Mounting. A solar energy system may be roof-mounted or ground-mounted.

Height.

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.

Freestanding. A freestanding system shall not exceed the maximum building height for accessory buildings.

Setback.

Roof-mounted. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

Freestanding. Freestanding solar collectors shall comply with the setbacks specified for accessory structures in the underlying zoning district.

Power lines. All power transmission lines from a freestanding solar energy system to any building or other structure shall be located underground.

Uniform Construction Code; manufacturer's standards. The system shall be installed in accord with Uniform Construction Code and manufacturer's standards.

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.

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.

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.

§ 400-505 Off-street parking and loading.

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.

Availability and use of facilities.

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.

Location of parking. Required off-street parking spaces shall be on the same lot with the principal use served, except as approved in § 400-505K or L.

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.

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).

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.

Driveways, garages and carports. Driveways, garages and carports not in the public right-of-way may be considered parking spaces.

Site plan; design.

Site plan. The project application shall include a site plan that shows the parking, loading and unloading area, and access design.

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.

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.

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.

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.

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.

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.

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.

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.

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]

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.

Table updates. The Parking Demand Table may be updated by resolution of the Board of Supervisors to include more current data.

Editor's Note: The Parking Demand Table is included as an attachment to this chapter.

Land uses with 85th percentile data listed in the parking demand table.

Constructed. The number of paved parking spaces constructed shall conform to the average peak period demand as noted in the Parking Demand Table.

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).

Land uses without 85th percentile data listed in the Parking Demand Table.

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.

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).

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.

Parking required for residential uses. Off-street parking spaces shall be provided and maintained for each dwelling unit as follows:

Single-family dwellings: three per dwelling unit.

Two-family dwellings: two per dwelling unit.

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.

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.

Assisted-living facilities: 0.5 per dwelling unit.

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.

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:

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.

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.

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.

Burden; conditions.

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.

In no case shall parking be reduced by more than 30% nor be increased by more than 20% of the minimum parking requirement.

If the applicant provides more parking spaces than the minimum required, the additional parking spaces shall not result in the removal of specimen trees.

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.

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.

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.

Multiple uses. (See also § 400-505L.) For projects involving more than one use and/or structure, the total number of parking spaces required shall be determined by summing the number of spaces for each individual use.

Handicapped parking. Parking for the handicapped shall be provided in accord with the Americans With Disabilities Act and shall count as part of the spaces required for the use by this § 400-505.

Off-street loading and unloading areas.

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.

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.

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.

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.

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.

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.

Fire lanes. All buildings shall be accessible to emergency vehicles and shall meet applicable requirements.

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:

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.

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.

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.

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.

Curbing. Access drives and landscaping shall be defined with concrete curbing or such alternate material as may be approved by the Township.

Parking and loading area setbacks.

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.

Measurement. The width of the buffer shall be measured from property lines and from the curbline or from the legal right-of-way line after development if no curbs will be provided.

Uses prohibited. The buffer area shall be maintained in natural vegetative ground cover and shall not include:

Paving except for approved driveway/accessway crossings.

Fences unless integral to landscaping.

Parking, storage or display of vehicles.

Items for sale or rent.

Uses permitted. The buffer area may include the following:

Permitted freestanding signs.

Pervious stormwater facilities.

Approved driveway/accessway crossings.

Sidewalks. Sidewalks, existing or proposed, may be included in the buffer area.

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.

Grading and drainage; paving.

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.

Grade. All areas provided for the parking of vehicles shall have a minimum grade of 0.5% and a maximum grade of 6%.

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]

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]

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.

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:

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.

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.

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.

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.

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:

Site plan of parking spaces intended for shared parking and their proximity to the land uses they serve.

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).

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.

A safety and security plan that addresses lighting and maintenance of the parking areas.

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.

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.

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.

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:

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;

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;

The parking reserve area shall be designed so that, if required, it will be easy to convert the area into parking;

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