[Ord. No. 2019-10, 8/1/2019]
This Part sets forth criteria and procedures which must be met
before conditional uses, special exception uses, and certain uses
by right that are subject to specific additional criteria can receive
approval and be granted a zoning permit.
[Ord. No. 2019-10, 8/1/2019]
1.
Conditional Uses and Special Exception Uses. All applicants for a conditional use must submit 12 sets of full-sized site plans to the Township when making application for a zoning permit (16 copies for special exceptions applicants); such site plans shall meet the design and drafting requirements of the Lower Macungie Township subdivision and land development Ordinance ("SALDO") [Chapter 22A]. If the application is considered a land development or subdivision, it must also meet all other requirements outlined in that ordinance, which are in addition to the following site plan requirements.
2.
All applications for a special exception use and all applications for a conditional use shall include the following (in addition to any requirements imposed by subdivision and land development Ordinance [Chapter 22A].
A.
A statement as to the proposed use of the building or land, including
proposed hours of operation, number of employees, and estimated customer
traffic.
B.
A site plan drawn to a scale of not less than one inch equals 50
feet showing the location, dimensions and height of proposed buildings,
structures, or uses and any existing buildings in relation to property
and street lines. If the application relates to property which is
scheduled to be developed in successive stages, such plans shall show
the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
C.
The location, dimensions, planting schedule and arrangements of all
open spaces, yards, required naturalized areas described in Part 19,
"Environmental and Historic Protection and Preservation" and all buffers
including methods and materials to be employed for screening.
D.
The location, size, arrangement and capacity of all areas to be used
for motor vehicle access, off-street parking, off-street loading and
unloading and provisions to be made for lighting such areas.
E.
The dimensions, location and methods of illumination for signs, if
applicable.
F.
The location and dimensions of sidewalks, public spaces and all other
areas to be devoted to pedestrian use.
G.
Provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply and storm drainage.
H.
The capacity and arrangement of all building used or intended to
be used for dwelling purposes, including the proposed density in terms
of number of dwelling units per gross acre of land.
I.
The project design companion, if required in the zoning district
or overlay, with all requisite components as listed in this chapter.
J.
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion or other safety hazards.
K.
Description of methods to be employed in controlling any excess noise,
air pollution, smoke, fumes, water pollution, fire hazards or other
safety hazards.
L.
The bounds of any easements of record at the Lehigh County Recorder
of Deeds Office.
M.
All significant natural features and requirements described in Part 19, "Environmental and Historic Protection and Preservation," of this chapter shall be identified and located.
N.
A list of all owners of real property within 150 feet of the boundaries
of the lot or tract.
O.
Any other data deemed necessary by the Zoning Officer to enable the
officer to determine the compliance of the proposed use with the terms
of this chapter.
3.
Home Occupations and Accessory Dwelling Units. Home occupations and
accessory dwelling units shall be required to comply with the provisions
of this section, except that:
A.
Formal drawing requests of the subdivision and land development Ordinance [Chapter 22A] need not be met, so long as the drawings presented to the Township are adequate, as determined by the Zoning Officer, to assure compliance with the provisions of this chapter.
B.
The provisions of this Part which expressly relate to home occupation
are met.
[Ord. No. 2019-10, 8/1/2019]
1.
The procedures of this section shall be followed to complete the
review of an application for a conditional use.
A.
Any preliminary plan for a subdivision or land development which
requires approval of a conditional use under the applicable regulations
of the zoning district and of this Part shall, at the time of filing
with the Township, include both the application for the preliminary
plan approval and an application for the conditional use approval
required by such plan, including all available documentation necessary
to support the conditional use application. No application for a conditional
use approval shall be accepted by the Township for filing unless it
is complete and accompanied by all available supporting documentation,
together with the applicable fee. No application for a preliminary
plan requiring approval of a conditional use shall be accepted by
the Township for filing unless it is accompanied by a complete conditional
use application and its supporting documentation as available, together
with the applicable fees.
B.
As early as practicable before the decision by the Board of Commissioners,
the Planning Commission shall make a written recommendation to the
Board of Commissioners concerning the conditional use application.
C.
Within 60 days of the filing of the conditional use application with
the Township (unless the applicant has requested in writing and the
Planning Commission or the Board of Commissioners has accepted an
extension of time thereof) the Board of Commissioners shall hold a
public hearing on the submission, in accordance with the following:
(1)
Public notice of the hearing shall be given by the Township
by publishing, not more than 30 days and not less than seven days
from the hearing date, once each week for two successive weeks in
a newspaper of general circulation in the Township, the time and place
of the hearing and the particular nature of the conditional use application
to be considered.
(2)
Written notice by first-class certified mail, return receipt
requested, shall be given by the Township by sending a copy of the
published hearing notice to the applicant and all adjacent property
owners. Written notice will be given to all owners of real property
within 150 feet of the boundaries of the lot or tract that is the
subject of the conditional use application, any other person or group
(including civic or community organizations) who have made prior written
request to the Township to be notified of such hearing, and, with
respect to any such matter which relates to real estate within 500
feet of the boundary of any other municipality, the municipal secretary
of such municipality.
(3)
The list of real property owners and addresses, as required,
shall be provided by the applicant.
(4)
The Township shall also provide written notice of the hearing
by mailing by first-class mail or personal delivery a copy of the
published notice to the members of the Board of Commissioners, the
members of the Planning Commission, the Township Solicitor, the Township
Engineer, and the Zoning Officer.
(5)
The applicant shall pay the reasonable fees and costs in connection
with provisions of such notices in the adopted Township Fee Schedule,
as the Board of Commissioners by resolution may establish.
(6)
The parties to such hearing shall be the Township, the applicant,
the record land owner (if other than the applicant), and any other
person or organization affected by the application who has made timely
appearance of record before the Board at the hearing.
(7)
The chairman or acting chairman of the Board of Commissioners
shall preside at the hearing and shall have the power to administer
oaths and issue subpoena to compel testimony of witnesses and the
production of relevant documents.
(8)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to present evidence, respond
to other parties, and cross-examine adverse witnesses.
(9)
Formal rules of evidence shall not apply at the hearing but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
(10)
The Board shall keep a stenographic record of the hearing, the
fees and costs for which shall be shared equally by the Township and
the applicant; copies of the transcribed testimony shall be paid for
by the party requesting same.
(11)
The Board shall not communicate directly or indirectly with
any party or his representative concerning the issues involved in
the hearing, except upon notice and an opportunity for all parties
to participate.
(12)
The Board shall not take notice of any communications, reports,
memoranda or other materials concerning the hearing, except advice
of their solicitor, unless all parties are afforded copies thereof
and an opportunity to present responses to the Board.
(13)
After commencement of the hearing, no member of the Board shall
inspect the site involved or its surrounding with any party or his
representative, unless all parties are given an opportunity to participate.
(14)
No member of the Board shall participate in deliberation upon
or vote upon any application for which the member has the appearance
of or an actual conflict of interest.
D.
The Board of Commissioners shall render a written decision or make
written findings (when no decision is called for), on whether the
conditional use application complies with the requirements of this
chapter and applicable law, within 45 days after the last hearing
before the governing body.
E.
The Board of Commissioners shall consider in reviewing an application for a conditional use whether the proposed conditional use meets the specific criteria set forth in this Part (see § 27-2406, below) for such conditional uses and, in addition, whether such proposed conditional use is:
(1)
In accordance with the land use objectives of the Southwest
Lehigh County Comprehensive Plan and consistent with the spirit, purposes
and intent of this chapter.
(2)
In the best interests of the Township, the convenience of the
community, and the public welfare.
(3)
Suitable for the property in question, and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in scale, appearance and intensity of use with the existing or intended
character of the general vicinity/neighborhood.
(4)
In conformance with all applicable requirements of this chapter.
(5)
Suitable in terms of permitting the logical, safe, efficient
and economical extension of public services and facilities such as
public water, sewers, police and fire protection.
(6)
Suitable in terms of effects on street traffic and safety with
adequate sidewalks and vehicular access arrangements to protect major
streets from undue congestion and hazard.
F.
The Board of Commissioners, in entering a decision granting an application
for a conditional use, may attach such reasonable conditions and safeguards,
in addition to those expressed in this chapter, as the Board may deem
necessary to implement the purposes of this chapter.
G.
When the application is contested or denied, the Board's decision
shall be accompanied by findings of fact and conclusions based thereon,
together with the reasons therefor; conclusions based upon the Pennsylvania
Municipalities Planning Code, this chapter, or any other ordinance
or regulation, shall contain a reference to the provision relied upon
and the reasons why the conclusion is deemed appropriate in light
of the facts found.
H.
A copy of the Board's decision, or, where no decision is called for,
of the findings, shall be delivered to the applicant personally or
mailed to him not later than required by law. The Board shall also
mail a copy of such decision, or a brief notice of the decision and
a statement of the place where a copy of the full decision may be
examined, to all other persons who have filed their name and address
with the Board as prescribed by law or at the recommendation of the
Township Solicitor.
I.
If the Board of Commissioners fails to render a decision within the
period allowed by Subsection 1.E of this chapter or fails to commence,
conduct or complete the required hearing as provided in § 27-2605.1.A,
of this chapter, the decision shall be deemed to have been rendered
in favor of the applicant unless the applicant has agreed in writing
or upon the record to an extension of time. When a decision has been
rendered in favor of the applicant because of failure of the Board
of Commissioners to meet or render a decision as, hereinabove provided,
the Board of Commissioners shall give public notice of said decision
within 10 days from the last day it could have met to render a decision
in the same manner as provided in § 27-2605.1.A, Notice
of Hearings, of this chapter. If the Board of Commissioners shall
fail to provide such notice, applicant may do so.
J.
Nothing herein shall prejudice the right of any party to appeal the
decision to a court of competent jurisdiction.
K.
Appeals to the Lehigh County Court of Common Pleas from a decision
of the Board of Commissioners upon an application for a conditional
use shall be filed within 30 days after entry of the decision (or,
in the case of a deemed decision under Subsection 1.J, within 30 days
after the date upon which notice of the deemed decision was given)
and shall be in accordance with § 1001-A et seq. of the
Municipalities Planning Code, 53 P.S. § 11001-A et seq.,
Land Use Appeals.
[Ord. No. 2019-10, 8/1/2019]
1.
The Township or designated agent shall submit, within 15 days, filing
of an application for a special exception use, if it is compliance
with the requirements of this Part, the following copies to the Township
Planning Commission and Zoning Hearing Board:
A.
Twelve copies of the plans to the Township Planning Commission, for
their review and recommendation to the Zoning Hearing Board within
30 days, under § 27-2605.1.J of this chapter.
B.
Four copies of the plans shall be submitted to the Township Zoning
Hearing Board. A public hearing shall be held within 60 days of the
filing of the application for a special exception and the Board will
render a decision within 45 days under § 27-2604.5E of this
chapter.
[Ord. No. 2019-10, 8/1/2019]
1.
Certain uses by right are subject to specific additional criteria
beyond the criteria set forth for uses by right in general for a particular
zoning district, as set forth in this chapter.
A.
The Zoning Officer shall determine whether such specific additional
criteria for such uses by right are met by an application that is
not associated with an application for a conditional use, an application
for a variance, an application for a special exception use, or an
application for a subdivision or land development.
B.
The Planning Commission shall recommend to the Board of Commissioners
whether such specific additional criteria for such uses by right are
met when associated with an application for a conditional use or an
application for a subdivision or land development.
C.
The Zoning Hearing Board shall determine whether such specific additional
criteria for such uses by right are met when associated with an application
for a variance or an application for a special exception.
[Ord. No. 2019-10, 8/1/2019]
1.
The following are the specific criteria that must be met by the listed
uses in order to be approved under this chapter:
A.
Academic Clinical Research Center.
(2)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(3)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where an academic clinical research
center adjoins a residential use or district per the requirements
of this chapter.
(5)
The use shall comply with all other requirements of the zoning
district.
B.
Adult Bookstores, Adult Motion Picture Theaters, and Cabarets.
(1)
No adult bookstore; adult motion picture theater; or cabaret
shall be erected, established or used within 1,000 linear feet from
the property line of any existing adult bookstore; adult motion picture
theater; cabaret; or massage establishment.
(2)
No adult bookstore, adult motion picture theater, or cabaret
shall be erected, established or used within 500 feet from the property
line of any school or church, or within 500 feet of the boundary of
any other zoning district established by this chapter. The Zoning
Hearing Board may authorize the establishment of an adult bookstore,
adult motion picture theater, or cabaret within 500 feet of a school,
church or the boundary of any other zoning district established by
this chapter, as a special exception only if the following finding
is made by the Board:
(a)
That the applicant has presented to the Board adequate proof
that the applicant has attempted to contact all eligible locations
within a radius of 500 feet from the property line of the proposed
use, and shall supply a list of all addresses at which no contact
was made. The circulator of the petition shall have subscribed to
an affidavit attesting to the fact that the circular personally witnessed
the signatures on the petition by the persons whose names appear thereon.
C.
Advertising Signs (Including Billboards).
(1)
The Board of Commissioners may, in approving an advertising
sign conditional use, impose such conditions as are reasonable under
the circumstances to protect traffic safety (with respect to unsafe
distractive impacts) and protect nearby residential uses from unreasonable
glare and other unreasonable lighting impacts, in accordance with
generally accepted national outdoor lighting standards.
(2)
Each advertising sign subject to this section shall also be
subject to the other provisions of this chapter pertaining to advertising
signs, which provisions are incorporated herein by reference.
D.
Automobile and Other Motor Vehicle, Mobile Home, Boat or Recreational
Vehicle Sales.
(1)
Specific parking and loading provisions shall be made in accordance with this chapter and any special provisions which the Township deems are essential to carry out the general requirements of Part 23.
(2)
Sales facilities that also have repair facilities shall comply
with Subsection 1.D.
(3)
All automobile and other motor vehicle, mobile home, boat or
recreational vehicle sales operation shall provide approved oil separators
(including a written operation and periodic maintenance program to
insure their proper functioning) for all storm drains on the lot occupied
by such use that will receive stormwater runoff from such use or facility.
E.
Automotive and Other Motor Vehicle Repair Garage and/or Service Station.
(1)
All service, repair and paint work shall be performed within
an enclosed building.
(2)
All provisions shall be made to prevent or minimize noise, odor,
vibration, light or electrical interference to adjacent lots.
(3)
Outdoor storage of automobiles and other vehicles shall only
be behind the front building line and shall be no closer than 20 feet
from side and rear lots lines.
(4)
Outdoor storage of automobile parts and junk shall be prohibited.
(5)
All automobile and other motor vehicle repair garage uses shall
provide approved oil separators (including a written operation and
periodic maintenance program to insure their proper functioning) for
all storm drains on the lot occupied by such use that will receive
stormwater runoff from such use or facility.
(6)
The minimum lot width shall be 200 feet along each street on
which the lot abuts.
(7)
All activities except those to be performed at the fuel pumps
shall be performed within a completely enclosed building.
(8)
Fuel pumps shall be at least 25 feet from any future ultimate
street right-of-way.
(9)
All automotive parts and dismantled vehicles shall be located
within a building.
(10)
Full body paint spraying or body and fender work shall only
be permitted if utilizing required ventilation machinery and enclosures
within the inside of the building and not immediately abutting a residence.
(11)
Automobiles that are taken to a service station for outside
storage because of an accident may remain no longer than 60 days from
the day the automobile arrives at the station.
(12)
All automotive service stations and any facility dispensing
gasoline or diesel fuel for purchase or sale shall be designed so
as to provide for orderly, safe movement of vehicles to and from such
facility, including clearly defined and marked traffic lanes (or,
where determined by the Zoning Officer to be necessary for such safe
vehicular access to a particular facility, curbed access lanes). Where
such facility is located within a larger parking area or shopping
center, the facility shall include a traffic flow design that insures
safe internal traffic patterns within such larger area, as well as
safe ingress and egress to adjacent streets, so as to minimize conflicts
between vehicles, and between vehicles and pedestrians.
(13)
All automotive service stations or any facility dispensing gasoline
or diesel fuel shall provide approved oil separators (including a
written operation and periodic maintenance program to insure their
proper functioning) for all storm drains on the lot occupied by such
use that will receive stormwater runoff from such use or facility.
F.
Bed-and-Breakfast Use.
(1)
No more than five guest rooms shall be provided.
(2)
One off-street parking space shall be provided for each guest
room in addition to requirements for the residence. The off-street
parking spaces shall be located either to the rear of the main dwelling
or screened from the roadway and adjoining properties by fencing or
natural vegetation.
(3)
At least one bathroom shall be provided for use by guests.
(4)
There shall be no use of show windows or any type of display
or advertising visible from outside the premises, except for a single
sign no larger than six square feet in size constructed and placed
in accordance with Part 22.
(5)
No external alterations or changes to the exterior structure
shall be permitted except as required by the Pennsylvania Department
of Labor and Industry or for safety reasons required by any other
governmental agency.
(6)
The use shall be carried on by members of the immediate family,
who must reside on the premises.
(7)
There shall be no separate kitchen or cooking facilities in
any guest room. Food served to guests on the premises shall be limited
to breakfast only.
(8)
The maximum, uninterrupted length of stay at a bed-and-breakfast
use shall be 14 days.
(9)
The use of any amenities provided by the bed-and-breakfast,
such as swimming pool or tennis court, shall be restricted in use
to the guests and residents of the establishment.
(10)
The existing sewage disposal system shall be recertified as
being adequate, in accordance with state regulations.
H.
Car Wash.
(1)
Traffic flow and ingress-egress shall not cause traffic hazards
on adjacent streets.
(2)
Access points shall be limited to two on each street abutting
the lot.
(3)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(4)
Centralized sewage disposal facilities and centralized recirculating
water supply facilities shall be provided.
(5)
Three marked parking/waiting spaces per manual car wash bay/lane
and eight marked parking/waiting spaces per automatic car wash bay/lane
shall be provided, to allow for stacking of waiting customers.
J.
Craft Breweries, Distilleries and Wineries.
(1)
The primary use shall be the brewing of beer or distilling of
spirits for consumption on or off site in a structure no more than
80,000 square feet in size.
(2)
Restaurant or food service is allowable as part of the use;
however, must receive all necessary permits and inspections.
(3)
Outdoor food and drink service areas such as patios, decks, beer gardens and the like shall provide adequate buffering if abutting any residential use, school, place of worship, daycare or preschool or life care facility. Buffer requirements shall be determined by § 27-1803 and the zoning district where the use is located.
(4)
Should the use provide for a restaurant or food service, parking
shall be calculated based on the number of seats included therein
in addition to the base requirements of for the brewery or distillery
use. However, shared parking and parking in reserve are encouraged
and may be approved by the Township per this chapter.
(5)
Any special event, festival, etc. shall obtain a permit and
provide all necessary information for adequacy of parking, traffic
control measures, etc., to the satisfaction of the Township.
(6)
No craft brewery or distillery may operate past 11:00 p.m.
K.
Day-Care Center for Children.
(1)
Care for no more than three children shall be permitted in an
attached residential unit.
(2)
Care for more than six children shall require at least one acre
of land.
(3)
A letter from the Pennsylvania Department of Public Welfare
that all state regulations for day-care centers have been met shall
be provided before the issuance of an occupancy certificate.
(4)
A plan showing safe drop off and pickup areas shall be submitted,
reviewed and approved to the satisfaction of the Township.
L.
Drive-Through Service Establishments and Fast-Food Restaurants.
(1)
The stacking lane and order box shall be set back a minimum
of 100 feet from the nearest lot line of any residential use; although
this distance may be reduced to the minimum yard setback with a combination
of sound walls and landscaping.
(2)
There shall be a single stacking lane, except when shared with
another use. The stacking lane shall accommodate a minimum of seven
vehicles, between the entrance of the drive-through lane and the pickup
window.
(3)
Stacking lanes shall be avoided within the front or side yards,
or from wrapping around the building. When this can be proven to be
unavoidable, then a stacking lane may only then be permitted, provided
landscaping and architectural elements maintain a built form presence
along the street and enhanced pedestrian access to the structure is
provided.
(4)
Stacking lanes shall begin in the rear of the property and behind
the structure. Where drive-through lanes cross walkways, raised walkways
to curb levels for pedestrians shall be provided.
(5)
Locate drive-through access points into the site away from street
intersections and minimize the number of potential vehicular movements
around the access location.
(6)
Stacking lanes shall not conflict with access to parking stalls
or loading facilities.
(7)
Twenty-four-hour drive-through operations shall be prohibited
from locating adjacent to a residential district or residential use,
and where these standards allow for drive-through operations, then
they shall cease operations between the hours of 12:00 midnight and
6:00 a.m.
(8)
Drive-through service establishments shall be prohibited from
any parcel fronting on Hamilton Boulevard between Kressler Road and
Grange Road, unless they are incorporated into a combined development
of dwellings, offices, medical offices, personal services, restaurants
or retail uses, or are part of a development that adaptively reuses
historic structures and can meet all other requirements of this subsection.
M.
General Construction Contracting Operations Involving the Storage
of Construction Equipment or Materials.
(1)
Outdoor storage of construction equipment shall be limited to
operable equipment. Derelict and inoperable equipment shall be stored
within enclosed structures.
(2)
The storage area for construction equipment shall be surrounded
by a fence of a minimum eight feet high with a locked gate which shall
secure the area from unauthorized access.
(3)
All parked/stored vehicles or equipment shall remain not less
than 50 feet from all property lines and from the existing street
right-of-way line.
N.
Golf Courses.
(1)
No fairway, green or other use area shall be located closer
than 50 feet to a rear or side property line.
(2)
No less than 50 acres shall be required for each nine holes
of golf.
(3)
Where deemed necessary for public safety by the Zoning Officer,
applicants shall provide protective netting at such places and to
such heights as the Zoning Officer determines will best prevent injuries
or damage to persons or property.
O.
Golf Driving Ranges, Pitch-and-Putt Courses, Miniature Golf Courses,
and the Like.
(1)
No fairway, green or other use area shall be located closer
than 50 feet to a rear or side property line unless proper safety
measures and buffer screens to the satisfaction of the Township are
utilized.
(2)
Where deemed necessary for public safety by the Zoning Officer,
golf courses shall provide protective netting at such places and to
such heights as the Zoning Officer determines will best prevent injuries
or damage to persons or property.
Q.
Heliports. Each application for a heliport shall include the following:
(1)
A copy of the Federal Aviation Administration Form 7480-1, "Notice
for Construction, Alteration and Deactivation of Airports."
(2)
A copy of a letter of "no objections" from the Federal Aviation
Administration.
(3)
A copy of the State of Pennsylvania Application for Approval
of Landing Area Site and the letter of site approval from the Bureau
of Aviation.
R.
Home Occupation. All home occupation accessory uses shall comply
with all of the following specific criteria:
(1)
The accessory use shall be conducted entirely within a dwelling
and shall be exclusively managed, operated or conducted by, or shall
employ or have engaged to work in such operation, not more than a
total of three persons (regardless of the number of hours employed
or worked per day, week or month by such persons), at least one of
whom such persons shall have that dwelling as his/her full-time, permanent
and exclusive domicile and residence. (The bona fide owner or principal
officer of the business engaged in as the home occupation shall be
deemed one of such three persons, regardless of whether or not such
owner or principal officer personally participates in the day-to-day
operations of the home occupation.)
(2)
Home occupation accessory uses to a dwelling shall specifically
and expressly include: handicrafts constructed on site, beauty shops,
barbershops, dressmaking or tailoring, preserving, millinery, and
home cooking (but not commercial catering services). Also specifically
included are offices (within their primary domiciliary residences)
of lawyers, accountants, doctors and other health-care professionals
licensed by the Commonwealth of Pennsylvania, psychologists and licensed
social workers, engineers, architects, surveyors, land use planners,
stockbrokers and financial advisors, real estate brokers, insurance
brokers and actuarial consultants, information technology/computer/Internet
consultants, writers, teachers and tutors (excluding instruction of
more than three students at a time), and musicians (excluding music
instruction for more than three students at a time).
(3)
The following uses shall be excluded and prohibited as home
occupation accessory uses to a dwelling: music schools, dance schools,
business or other private or public schools, nursery schools, day-care
centers, dog daycare or dog-sitting for more than three dogs, elder
care centers, and the like.
(4)
The home occupation accessory use to a dwelling shall be clearly
incidental and secondary to the primary residential use of the dwelling,
shall not change the residential character of the dwelling itself
or its neighborhood, and shall not emit any substantial sound, vibrations,
light, odor or electrical interference discernible outside the dwelling.
(5)
There shall be no change in the outside appearance of the dwelling
within which the home occupation is engaged and no outside visible
evidence of the conduct of such home occupation.
(6)
There shall be no outside storage of materials, equipment, or
vehicles (except vehicles owned by the residents of the dwelling and
used exclusively for personal, nonbusiness purposes), and no deliveries
to the dwelling by tractor-trailer trucks (deliveries by USPS, UPS
or Federal Express-type home-delivery size vehicles being permitted).
(7)
If a home occupation accessory use to a dwelling fully meets
each of the above criteria, but does not display any sign whatsoever
and does not involve any visits whatsoever by clients, customers or
other users of the products or services provided by that use, however
infrequent, then such use shall be deemed included in and part of
the primary residential use of the dwelling and shall not be deemed
a use further regulated by this chapter.
(8)
A home occupation accessory use to a dwelling that does not meet criteria Subsection 1.R.(7) above shall be identified by not more than one sign, which is in conformity with the provisions of Part 22 of this chapter regarding home occupation signs.
(9)
A home occupation accessory use to a dwelling that does not
meet the criteria above shall utilize not more than 325 gross square
feet of the interior area of the dwelling and no exterior portions
of the dwelling, accessory structures, or lot whatsoever shall be
used for the home occupation use.
(10)
The minimum lot and yard requirements for any home occupation
accessory use to a dwelling are the same as are applicable to the
primary dwelling use.
(11)
Not more than three vehicles, operated or driven by the maximum
three persons engaged in or employed by the home occupation use, shall
be utilized by any home occupation accessory use to a dwelling, or
parked upon or adjacent to the lot of the home occupation; at least
one such vehicle shall be parked within a garage on said lot or, if
no such garage exists on the lot, then the maximum number of vehicles
permitted by this sentence shall be reduced to two vehicles.
(12)
Off-street parking spaces shall be provided for any home occupation accessory use to a dwelling in accordance with the provisions of Part 23 for home occupations and such parking spaces shall comply with all provisions of this chapter with regard to setbacks, buffer yards, and the like.
(13)
Only one home occupation accessory use to a dwelling [including
only one of the expressly included types of occupation stated in criteria
Subsection 1.R.(2) above] shall be permitted per dwelling, and per
lot.
(14)
Notwithstanding anything to the contrary in this chapter, no
home occupation accessory use to a dwelling shall be granted, altered,
or expanded by special exception.
(15)
Notwithstanding anything to the contrary in this chapter, it
is specifically found and intended by the Township that an economic
need or desire by an applicant to expand or enlarge a home occupation
accessory use to a dwelling (whether as to the type of use, the interior
space to be used, the number of persons engaged in the home occupation,
or the number of required or permitted parking spaces) beyond the
specific criteria stated in this chapter for home occupation accessory
uses shall not be deemed a "unique physical circumstance or condition"
creating an "unnecessary hardship" sufficient to justify a variance
under § 27-2604.5.D of this chapter.
S.
Junkyard.
(1)
Storage of organic or biodegradable material is prohibited.
(2)
All junk shall be at least 200 feet from any lot line.
(3)
A minimum lot size of five acres is required.
(4)
The site shall contain a minimum of two access drives to public
roads, each of which is not less than 30 feet in width.
(5)
The site shall be completely enclosed by a fifty-foot-wide buffer yard which complies with § 27-1803. The initial height of the evergreen planting shall be six feet. This buffer yard shall be located on the outside of any fencing.
(6)
Any and all burning or incineration is prohibited.
(7)
All junkyards shall be completely surrounded by well-maintained
and secure fencing with a minimum height of 10 feet to prevent access
by children.
(8)
All junkyards shall provide approved oil separators (including
a written operation and periodic maintenance program to insure their
proper functioning) for all storm drains on the lot occupied by such
use that will receive stormwater runoff from such use or facility
and, in addition, if the use discharges any chemical pollution that
leaches into the soil of its lot or is transported off the lot via
stormwater drainage, such pollution shall be filtered or treated to
halt such discharge.
T.
Kennel.
(1)
All buildings in which animals are housed and all runs shall
be located at least 150 feet from any and all lot lines.
(2)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot be perceived at the lot lines.
(3)
Outdoor runs may be provided so long as a double evergreen screen
at least six feet in height is provided around the runs. No animals
shall be permitted to use the outdoor runs from 7:00 p.m. to 8:00
a.m.
U.
Medical Marijuana Dispensary.
(1)
A medical marijuana dispensary must be legally registered with
the registry in the commonwealth and possess a current valid medical
marijuana permit from the Pennsylvania Department of Health.
(2)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(3)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(4)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
(5)
Permitted hours of operation of a dispensary shall be 8:00 a.m.
to 8:00 p.m. (of the same calendar day).
(6)
A medical marijuana dispensary shall be a maximum of 3,000 gross
square feet, of which no more than 120 square feet shall be used for
secure storage of product, and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area.
(8)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers, and shall comply with all lawful,
applicable health regulations.
(9)
A medical marijuana dispensary may not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of municipality
in which it is located.
(10)
A medical marijuana dispensary shall be a minimum distance of
500 feet from the next nearest medical marijuana facility. This does
not include complementing or supporting businesses covered by different
definitions. This distance shall be measured in a straight line from
the closest exterior walls of the buildings or portions thereof in
which the businesses are conducted or proposed to be conducted, regardless
of municipality in which it is located. This separation distance does
not apply to the distance between the grower/processor or academic
clinical research centers and the specific dispensary they serve,
or with which they partner.
(11)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
(12)
All external lighting serving a medical marijuana dispensary
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(14)
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district.
(15)
(16)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
V.
Medical Marijuana Grower/Processor.
(1)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(2)
The floor area of a medical marijuana grower/processor shall
include sufficient space for production, secure storage of marijuana
seeds, related finished product, and marijuana-related materials used
in production and cultivation or for required laboratory testing.
(3)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(4)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with the Pennsylvania Department of Health
policy and shall not be placed within any unsecure exterior refuse
containers.
(5)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(6)
Growers/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(7)
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(9)
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
(10)
(11)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
W.
Medical Marijuana Transport Vehicle Service.
(1)
A traffic impact study is required where the office is operated.
(3)
All external lighting serving a medical marijuana transport
vehicle service must be shielded in such a manner to not allow light
to be emitted skyward or onto adjoining properties.
(4)
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a residential use or district.
(5)
(6)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana transport vehicle service facility,
the facility must be secured to the same level as a medical marijuana
grower/producer and dispensary.
(7)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
Y.
Multifamily Dwellings (MFD), Single-Family Attached Dwellings (SFAD).
(1)
The minimum floor area per dwelling unit shall be 600 square
feet.
(2)
All multifamily dwellings (MFD) and single-family attached dwellings shall comply with Parts 4, 5 and 6 of the Township subdivision and land development Ordinance [Chapter 22A].
(3)
The following maximum building standards shall be required for
single-family attached dwellings (SFAD):
(4)
The following maximum building standards shall be required for
multifamily dwellings (MFD):
(a)
No structures shall exceed 16 dwellings in one continuous structure
unless broken by a 90° turn in the building and then not more
than 24 dwellings in one structure.
(b)
No building shall have more than 100 feet of continuous wall
without an eight-foot break in the building setback.
(c)
The maximum length of a building shall be 200 feet.
(d)
No building (including structures, decks, and patios) shall
be closer than 35 feet to any other building (including its attached
structures, decks, and patios).
(5)
All multifamily dwellings and all single-family attached dwellings
must connect to a public water supply and public sewage disposal system.
(6)
Elevations and floor plans shall be provided for all units.
(7)
All single-family attached dwelling units shall be provided
with one six-foot-wide nonpaved access easement (which may be shared
by abutting dwellings) along the side and rear lot lines, which shall
be maintained free of all structures and shrubbery, to provide the
residents of each single-family attached dwelling with access to the
rear yard of their dwelling unit.
(8)
All multifamily dwellings (MFD) developed as part of a land
development shall submit a project design companion in compliance
with the standards of this chapter to be reviewed and approved by
the Township.
Z.
Nonprofit or Commercial Recreation Including Camps, Swimming Pools,
Picnic Grounds, and Riding Stables.
BB.
Outdoor Theater. Viewing screens shall be oriented so as not to be
visible from any arterial or collector street.
CC.
Private Use Airport or Airstrip. Each application for a private use
airport or airstrip shall include the following:
(1)
A copy of a letter or other documentation showing proof of authorization
or approved air space by the Federal Aviation Administration if such
approval is required by the FAA.
(2)
A copy of a letter or other documentation showing that the surface
characteristics and approach clearances of the private landing strip
meet the approval of the Pennsylvania Department of Transportation's
State Bureau of Aviation.
DD.
Public and Private Educational Institutions and Schools, Except Such
Uses as Commercial Dance and Music Studios, and Institutions of Correction
and Detention.
(1)
The site is located and planned in such a manner that it can
be used for both school and general community functions.
(2)
A fifty-foot buffer yard, in accordance with § 27-1803, shall be provided along the sides and rear lot lines.
(3)
All open spaces dedicated for athletic use shall be located
a minimum of 50 feet from a property line or ultimate right-of-way
line.
(4)
A designated pickup loading and unloading area shall be provided
for 15 cars with an additional car space provided for every 30 students
in excess of 300. This pick-up area shall be in addition to normal
parking requirements.
(5)
Pickup areas shall be isolated from school bus loading and unloading
area.
(6)
No grandstand or refreshment stand or similar fan-related structure
shall be located within 100 feet of any property line or ultimate
right-of-way line.
(7)
All lighting used to illuminate athletic fields or other outside
use areas shall be shown on a lighting plan (including daily hours
of operation and a photometric plan designating lighting intensity)
acceptable to the Zoning Officer, under generally accepted outdoor
lighting standards, and lighting shall be so installed and maintained
as to prevent glare onto adjoining properties or public streets and
to limit "spillover" light at the property line to a maximum of 0.5
footcandles per square foot.
EE.
Public Facilities Except Public Utility Structures.
(1)
Any outdoor activity area shall be located no closer to any
lot line than the required front yard depth and shall be screened
and, if necessary, sound insulation shall be provided to protect the
neighborhood from excessive noise.
FF.
Recycling Collection Center.
(1)
This use shall not be bound by the requirements of solid waste
disposal facility.
(2)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures to prevent the attraction of insects
or rodents and to avoid any fire hazards.
(3)
This use may be an accessory use to a commercial use, subject
to the limitations of this subsection.
(4)
Materials to be collected shall be of the same general character
as the following materials: paper, plastic, cardboard, aluminum and
glass.
(5)
All sorting of materials must be done inside a structure.
GG.
Restaurants.
(1)
Access points shall be limited to two on each road abutting
the lot.
(2)
On-lot traffic circulation channels and parking areas shall
be clearly marked.
(3)
Provisions for proper and convenient disposal of refuse shall
be demonstrated.
(4)
The structure shall be located so as to provide for on street,
storefront presence and encourage outdoor seating and dining for patrons
in designated spaces. Outdoor dining may extend through the front
yard setback to the ultimate right-of-way line upon plan submission,
review and approval to the satisfaction of the Township not withstanding
any other code requirements or lot encumbrances.
HH.
Sand, Gravel or Clay Extraction Locations, Quarrying Operations and
Borrow Pits.
(1)
The applicant shall provide the following plans and information:
(a)
A plan of general area (within a one-mile radius of site) at
a scale of 1,000 feet to the inch (or a larger scale), and a twenty-foot
contour interval or less to show:
(b)
Plan of proposed site at a scale of 100 feet to the inch (or
larger scale) with a five-foot contour interval or less to show:
2)
Proposed data relative to:
[a]
Final grading by contours.
[b]
Interior road pattern, its relations to operation
yard and points of ingress and egress to state and Township roads.
[c]
Estimated amount and description of aggregate and
overburden to be removed.
[d]
Ultimate use and ownership of site after completion
of operation.
[e]
Source of water if final plan shows use of water.
[f]
Plan of operation showing:
[i]
Proposed tree locations.
[ii]
Soil embankments for noise, dust and visual barriers
and heights of spoil mounds.
[iii]
Method of disposition of excess of water during
operation.
[iv]
Location and typical schedule of blasting.
[v]
Machinery-type and noise levels.
[vi]
Safety measures monitoring of complaints.
(2)
Performance Standards.
(a)
Extractive operations shall meet all development and performance
standards of this chapter.
(b)
No excavation, quarry wall, storage or area in which operations
are conducted shall be located within 100 feet of any lot line, or
any future street right-of-way line, nor within 200 feet of any residential
or commercial district boundary line within the Township.
(c)
All excavations, except stone quarries, shall be graded in such
a way as to provide an area which is harmonious with the surrounding
terrain, or graded to reflect the way the area as prior to commencement
of extractive operation, not be dangerous to human or animal life
and to provide for sufficient stormwater runoff to avoid any ponding
on the site so graded.
(d)
Excavations, except stone quarries, shall be graded and backfilled
to the grades indicated on the site plan. Grading and backfilling
shall be accomplished continually and as soon as practical after excavation.
Grading and backfilling may be accomplished by use of waste products
of the manufacturing operation or other materials providing such materials
are composed on nontoxic, noncombustible solids, as approved by the
Township.
(e)
Grading and backfilling shall be accomplished in such a manner
that the slope of the fill or its cover shall not exceed one-to-three
slope. During grading and backfilling, the setback requirements in
Subsection 1.HH.(2).(b) may be reduced such that the top of the graded
slope shall not be closer than 25 feet to any lot line, 50 feet of
any future street right-of-way line, nor within 100 feet of any residential
or commercial district boundary line.
(f)
When excavations, except stone quarries, which provide for a
body of water are part of the final use of the tract, the banks of
the excavation shall be sloped to a minimum ratio of seven feet horizontal
to one foot vertical beginning at least 50 feet from the edge of the
water and maintained into the water to a depth of five feet.
(g)
Drainage shall be provided, either natural or artificial so
that disturbed areas shall not collect nor permit stagnant water to
remain.
(h)
Truck access to any excavation shall be so arranged as to minimize
danger to traffic and nuisance to surrounding properties, such as
excessive dust or noise.
(i)
When planting is the final use to which the tract is put, all
that is not covered by water shall be covered with a topsoil to a
depth of at least six inches or other appropriate depth specified
by the Township. A planting plan shall be prepared for the entire
finished tract using various types of plant material for the prevention
of soil erosion and to provide vegetation cover. When buildings are
part of the development proposal, plantings in areas adjacent to proposed
buildings shall be in keeping with the requirements of the ultimate
building purposes.
(j)
Stone quarries shall provide the following:
1)
A dense planting screen within the setback area
required in Subsection 1.HH.(2).(b) in this section. Such screen shall
be no less than 25 feet in width and set back from the excavation
so as to keep the area next to the excavation planted in grass or
ground cover and clear of any obstruction.
2)
A chain link (or equal) fence at least 10 feet high
and with an extra slanted section on top strung with barbed wire shall
be placed at the inner edge of plantings.
3)
Warning signs shall be placed at intervals of not
less than 50 feet completely surrounding the area.
(k)
All excavations, or the extraction pits for sand, clay, rock
or fill shall be backfilled and graded as per plan approval, or if
plan approval does not cover such backfilling, within six months and
in accordance with a reclamation plan devised and approved in accordance
with the applicable state and federal statutes, rules and regulations.
(l)
No portion of any excavation pit, hole, borrow, mine or quarry
or the like shall be filled without an approved grading and stormwater
plan approved by the Township Engineer.
(m)
A zoning permit shall be obtained by the contractor or his assignee
prior to the commencement of any extractive or quarry operation.
II.
Shopping Center Under 50,000 Square feet.
(1)
Any development of a shopping center shall provide initially
for the construction of either a minimum 8,000 square feet of ground
floor area, or a minimum of five of the conditional uses in commercial
districts.
(2)
All buildings shall be arranged in a group or in groups, and
the distance at the closest point between any two buildings or groups
of attached buildings, shall not be less than 30 feet, unless deemed
otherwise for health, safety or public welfare reasons during Township
review.
(3)
All utility service lines shall be placed underground.
(4)
If the development of the center is to be carried out in progressive
stages, each shall be so planned that the requirements of this section
and the intent of this chapter shall be fully complied with at the
completion of any stage.
(5)
Any substantial modifications during construction of the approved
conditional use plan shall be submitted for reapproval to the Planning
Commission before such construction is implemented.
(6)
The applicant shall provide security services on the center's
grounds in areas located outside of the center's building or buildings.
The security services shall be adequate to protect the safety of persons
and property while in those areas. The adequacy of such outdoor security
services, and the means to assure that the services continue throughout
the life of the commercial use, shall be presented by the applicant
for approval by the Board of Commissioners.
(7)
Where deemed necessary for public safety by the Zoning Officer,
access drives shall include crosswalks, speed-bumps, and similar design
features to control traffic flow and protect pedestrians.
(8)
A shopping center shall provide for outdoor seating areas if
dining establishments are included and at least one general landscaped
outdoor gathering park-style space that may be programmed or utilized
by tenants.
(9)
Entrances shall be designed in a boulevard style that is landscaped
and lighted in addition to monument signage and seasonal landscaping
at main entrances to be shown in a project design companion.
JJ.
Single-Family Attached Dwellings. (See § 27-2406.1.Y.)
KK.
Solid Waste Disposal Area or Facility.
(1)
Recycling collection centers are not included in this definition.
(2)
No solid waste disposal area or facility shall be located within
100 feet of any lot line or any future street right-of-way line, nor
within 200 feet of any residential or commercial district boundary
line within the Township.
(3)
The area to be approved for a solid waste disposal area shall
be a minimum of 500 feet from any existing residential use that the
applicant does not have an option to buy.
(4)
Any burning or incineration shall be carried out in a completely
enclosed incinerator approved by the Department of Environmental Protection
and all material to be incinerated shall be stored in an enclosed
structure.
(5)
The site shall be selected and designed by a registered professional
engineer with proven experience in solid waste disposal planning and
operation. The operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations.
(6)
Open dumps and open burning of refuse are prohibited.
(7)
The applicant shall prove to the satisfaction of the Township
that the existing road network can handle any additional truck traffic,
especially without bringing trash-hauling trucks through residential
areas.
(8)
The applicant shall prove to the satisfaction of the Township
that the use would not be a hazard to groundwater quality, create
any noxious smells or in any way violate the performance standards
of Part 18.
(9)
A chain link (or equal) fence at least 10 feet high and with
an extra slanted section on top strung with barbed wire shall be placed
at the inner edge of a dense planting screen.
(10)
Warning signs shall be placed at intervals of not less than
50 feet completely surrounding the area.
(12)
The applicant shall provide such information necessary for the
Township to determine that no significant health or environmental
hazard shall be created, and that no hazardous waste is or shall be
stored, maintained or disposed of at the facility.
LL.
Veterinary Office or Animal Hospital.
(1)
A minimum lot size of at least two acres shall be required for
those animal hospitals treating small animals (such as cats, birds
or dogs). A minimum lot size of at least three acres shall be required
for those animal hospitals treating large animals (such as cattle,
horses or pigs).
(2)
All buildings in which animals are housed or provided care shall
be located at least 100 feet from all lot lines. Buildings shall be
adequately soundproofed so that sounds generated within the buildings
cannot be perceived at the lot lines.
(3)
Outdoor animal runs are prohibited.
MM.
Warehouse, Wholesale, Storage, or Distribution Use. A commercial
enterprise primarily concerned with the storage and/or distribution
of goods. Retail sales are specifically excluded.
(1)
Each and every building containing this use shall have amenities
for the truck drivers/operators of the vehicles using the facility
in addition to any similar amenities provided to on-site warehouse/distribution
employees. The following provisions shall apply:
(a)
The amenities shall include, at a minimum, a suitable lounge
for drivers/operators, with restroom facilities, including at least
three sinks, stalls, etc., per restroom, and dispensing machines or
other facilities to provide food and beverages.
(b)
At least one amenity shall be provided for every 30 truck loading/unloading
docks/doorways of the use.
(c)
The size of each such amenity shall be proportionate to the
number of loading/unloading docks/doorways of the use. Each amenity
shall contain not less than one seat per 10 docks/doorways, with a
minimum area to accommodate six seats and one four-person table.
(d)
Parking for the amenity shall be provided in close proximity
to the amenity and in a suitable, safe, and separately defined location.
There shall be provided at least one twelve-foot-by-eighty-foot truck
parking space per each required lounge seat of the amenity.
(e)
Trucks parked in amenity parking spaces shall not leave engines
idling unless required for safety or weather-related reasons. Electrical
outlets shall be included in parking areas for trucks to utilize.
(f)
All trucks awaiting access to a loading/unloading dock/doorway
shall park in the designated amenity parking spaces unless all such
spaces are already occupied.
(2)
Where guard shacks or checkpoints are proposed at the entrance(s)
to such facilities, adequate queuing space shall be provided within
the property boundaries to prevent stacking of tractor-trailers on
or along public streets.
(3)
This use shall reserve a minimum of 5% of the proposed total
tractor-trailer parking spaces for outbound trucks which are required
to layover or rest due to hours of service regulations. Such spaces
must be made available to tractor-trailers during and/or after the
facility's operating hours as necessary.
(4)
The facility's parking and driveway layout shall be designed
to reduce mixing of truck traffic and car traffic, particularly in
areas where cars would have to maneuver around or through truck loading/unloading
areas.
(5)
Driveways and drive aisles shall be designed with adequate turning
radii to allow tractor-trailers to complete turning maneuvers within
their designated lanes.
(6)
Truck drivers shall be instructed regarding acceptable routes
between the facility and the nearest expressway with respect to the
class of vehicle accessing the facility.
(7)
No storage of garbage (other than is routinely produced on site
and awaiting regular collection) shall be permitted.
(8)
All tractor-trailer truck parking, outdoor storage and/or loading/unloading
areas that are visible from beyond the exterior lot lines of the use
shall be screened by a fifty-foot buffer yard meeting the following
requirements:
(a)
Include a dense evergreen screen which will provide, within
three years, a complete visual screen of at least 10 feet in height.
(b)
Include deciduous shade trees meeting the following requirements:
1)
Shall meet provisions of the subdivision and land development Ordinance [Chapter 22A] concerning type and initial size of shade trees.
2)
Shall be placed abutting streets as required by the subdivision and land development Ordinance [Chapter 22A] and along every 50 feet of lot perimeter that does not abut a public street (such trees are not required to be planted at regular intervals but may be clustered).
3)
Shall be of types selected to be resistant to diesel
exhaust.
4)
Shall be planted on the exterior side of any required
berm (or any wall that might be permitted in place of such berm),
any wall used for screening, any fence and any evergreen screening.
5)
Shall not be planted on the top of any berm, in
order to provide effective screening.
(c)
Where buffer yards are contained within, or contain within themselves,
utility easements, such buffer yards shall be taken in addition to
the utility easements.
(9)
Any tractor-trailer truck parking, outdoor storage and/or loading/unloading
areas that are visible from and are within 250 feet of the exterior
lot lines of the use shall be separated from such lot lines by an
earthen berm. Such berm shall meet the following conditions:
(a)
Average a minimum of 10 feet in height above the adjacent average
ground level (disregarding any drainage channel) on the outside of
the berm.
(b)
Not have one completely continuous height, but instead shall
vary in height by one foot or two feet in places.
(c)
Have a maximum side slope of three horizontal to one vertical.
(d)
Be covered by a well-maintained, all-season, natural ground
cover, such as grass.
NN.
Mobile Vehicle or Vendor Uses.
(1)
No mobile vehicle or vendor use shall be permitted on any parcel
or location for a period of more than 24 hours.
(2)
In no case shall such use be located within any area used for
vehicular circulation, loading zones, emergency vehicle access (e.g.
fire lanes), rights-of-way or cause any nuisance, hazard or impediment
to traffic.
(3)
The use shall not reduce the number of parking spaces below
the number required by this Zoning Ordinance for existing uses.
(4)
No mobile vehicle or vendor may operate in any residential area
and shall be limited to commercial and industrial districts. Such
use or temporary structure or vehicle shall be set back a minimum
of 50 feet from any lot line adjacent to a residential use.
OO.
Shopping Center Having Greater than 50,000 Square Feet of Gross Floor
Area.
(1)
All shopping centers having greater than 50,000 square feet
of gross floor areas shall comply with all of the following specific
criteria:
(a)
Customer loading and unloading zones in front of stores shall
be located outside of primary access driveways.
(b)
A system of landscaped pedestrian walkways shall be provided
to connect clusters of buildings and to provide separation of parking
areas from walkways for safe pedestrian circulation. Pedestrian walkways
shall be provided when there are at least 225 parking spaces in the
center and additional walkways are required for each additional 250
parking spaces. Pedestrian walkways shall consist of an eight-foot
wide sidewalk and an eight-foot wide landscaped buffer. These landscaped
pedestrian walkways shall be linked to provide pedestrian access throughout
the shopping center.
(c)
Unobstructed sidewalks, a minimum of eight feet in width, shall
be installed along all store frontages and connecting all attached
portions of the shopping center. Between the curb and the eight-foot-wide
sidewalk shall be a six-foot-wide accessory area for street lights,
landscaping, landscape accessories, trash receptacles and benches.
(d)
Raised pedestrian crosswalks shall be provided at major store
entrances.
(e)
Any outdoor dining areas shall be separate from and in addition
to the eight-foot-wide sidewalk and six-foot-wide accessory area.
(f)
Areas for outdoor dining shall be designated at the time of
plan approval and shall be protected from vehicular traffic by use
of decorative wrought iron fencing and/or masonry knee walls, enhanced
with decorative vegetation.
(g)
Awnings and pedestrian covers shall not be located over the
six-foot-wide accessory area, and support structures for the awnings
and pedestrian covers shall not encroach into the eight-foot-wide
sidewalk.
(h)
Awnings and pedestrian covers shall not count as part of the
building for purposes of calculating building coverage or setbacks
from the roadways.
(i)
Each shopping center shall include a bus shelter, designed as
per LANTA standards.
(j)
Decorative paving patterns shall be used in the walkways, accessways,
and crosswalks to delineate pedestrian areas from driving lanes and
to provide visual interest.
(k)
Primary building entrances shall be accentuated with features
such as canopies, overhangs and attractive lighting to provide prominent
customer entrances and exterior pedestrian amenities.
(l)
Buildings shall be constructed of high-quality building materials
such as masonry, stucco, slate and brick for a durable and attractive
appearance. All buildings within the shopping center, including those
on detached pads, shall be architecturally consistent with one another
using the same materials, colors, rooflines, etc.
(m)
All sides of each building shall be designed and constructed
with materials consistent with the front facade.
(n)
The building facade shall include projections, recesses, change
of materials, and roofline variations in order to prevent long, unbroken
expanses of wall. Where a building facade is visible from a public
right of way or civic space and is greater than 100 feet in length,
the design shall include variation in materials, window openings,
or offsets of at least 18 inches in the building plane every 60 linear
feet.
(o)
Heating, ventilation, air conditioning, and other mechanical
elements shall be shielded from street level view.
(p)
Outdoor storage, sales, displays and vending machines are prohibited
along store fronts. Outdoor storage and sales areas shall be designated
at the time of plan approval and shall be visually screened using
materials and vegetation utilized in the shopping center.
(q)
Each shopping center layout shall provide access to all sides
of all buildings with paved surfaces and adequate turning radii throughout
the shopping center for Township emergency services equipment. Alternative
drivable surfaces such as paving blocks will be permitted subject
to the approval of the Township fire department. Locked security gates
restricting access to areas which are critical for emergency services
such as fire fighting must be equipped with lock boxes or an alternative
system approved by the Township fire department to permit unimpeded
access to those areas by Township emergency services.
(2)
The following buffer yard, lighting, and landscaping standards
are required of all shopping centers having greater than 50,000 square
feet of gross floor area:
(a)
There shall be a fifty-foot landscaped buffer along the perimeter
of the shopping center. For front yards and where adjacent to other
commercial uses, the fifty-foot perimeter buffer does not need to
provide a visual barrier of the buildings, but shall screen parked
cars from adjacent streets with a combination of berms, decorative
knee walls (a minimum of 32 inches high), and plantings subject to
adequate sight distance.
(b)
Screening of large parking areas may be accomplished by buildings
on detached pad sites, provided that the buildings on detached pad
sites meet the following requirements:
1)
Building floor area shall not exceed 8,000 square
feet.
2)
Buildings shall not intrude into the required buffer
yards.
3)
Buildings shall not obscure sight distance or prevent
efficient circulation.
4)
Vehicle access to buildings shall not be from the
road on which the building fronts, but shall be from the access lanes
in parking areas.
5)
Delivery areas and trash receptacles shall be located
on the least visible side of the building from the road on which the
building fronts, and shall be visually screened by a wall and/or landscaping
consistent with materials and vegetation used in other areas of the
site.
6)
No drive-through aisles shall be located within
the front yard setback.
(c)
Stormwater detention ponds and similar facilities shall not
be permitted in the perimeter buffer unless the stormwater facilities
employ decorative landscape features such as a naturalized pond with
fountain, a dry creek bed or naturalized wetland.
(d)
The center access required by § 27-2303.8.A shall
be landscaped with one street tree per each 50 linear feet.
(e)
Shade trees and accent plantings shall be planted throughout
all outdoor parking areas and along all pedestrian walkways.
(f)
Portions of the shopping center that include intersection corner
areas shall include decorative landscaping and provide for adequate
sight distance.
(g)
Planters shall be provided in public areas to enhance building
appearance and to act as separators for vehicular areas and pedestrian
or seating areas.
(h)
A public gathering area of at least 500 square feet in size
which includes such features as a clock tower, benches, coordinated
site furnishings, refuse containers, lighting standards and textured
crosswalks shall be provided. The total square footage for gathering
area(s) shall consist of an area of at least 5% of the gross floor
area of the center, in addition to the six-foot-wide store frontage
accessory area.
(i)
Lighting standards, approved by the Township shall be used throughout
the site with light standards not exceeding 12 feet in height for
walkways and gathering areas.
(j)
Illumination from light standards shall be directed downward
with shields to prevent up lighting and shall be equipped with timers
or light sensors to limit lighting after closing hours to the minimum
necessary for safety.
(k)
All buildings shall be arranged in a group or in groups, and
the distance at the closet point between any two buildings or groups
of attached buildings shall not be less than 50 feet.
(3)
The following sign standards are required of all shopping centers
having greater than 100,000 square feet of gross floor area; provided,
however, that to the extent any of the standards below conflict with
the sign requirements set forth in Part 22, the standards below shall
prevail:
(a)
Applicant shall provide a sign program in the project design
companion, applicable to all tenants, which defines the location,
orientation, lighting and sign materials for the shopping center in
order to ensure a unified, coordinated design and compatibility with
the overall architecture.
(b)
Shopping center monument identification signs shall be located
at the main shopping center access points and illuminated per this
chapter and the Lower Macungie Township Design Guidelines.[1]These may be freestanding or part of a decorative wall
and shall be constructed of identical materials as those used in the
building facades and include seasonal landscaped areas.
[1]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
(c)
Sign areas shall comply with the requirements of Part 22; provided,
however, that no individual tenant sign area exceeds 200 square feet.
Individual tenant signs shall be consistent with the shopping center's
sign program.
2.
Administration and Enforcement:[2]
A.
Building and Zoning Permits/Approvals.
(1)
A zoning permit shall be required prior to obtaining a building
permit for the construction or erection of a building; the alteration
of a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
(2)
Lower Macungie Township's zoning permit application must be
completed.
(3)
Permit fees shall be as stipulated in the fee schedule adopted
by resolution of the Lower Macungie Township Board of Commissioners
in effect at the time of application.
(4)
Permits may be denied if the applicant, in the reasonable opinion
of Lower Macungie Township, is failing to comply with any state or
local law or regulation.
(5)
In the case of new construction meeting the Pennsylvania Municipalities
Planning Code definition of "land development," a plan application
is required to be submitted, and an approval secured, prior to establishment
of the use.
(6)
If the application is to change the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
(7)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the Pennsylvania Commonwealth Department of Health.
[2]
Ordinance No. 2017-09, 9/7/2017, which added this subsection,
also provided the following regarding penalties: "Any Owner, Operator,
or other person who violates or permits a violation of this chapter
shall, upon being found liable therefore [sic] in a civil enforcement
proceeding before a Magisterial District Judge, pay to Lower Macungie
Township a fine of not more than $500, plus all court costs, including
but not limited to reasonable attorney's fees incurred by Lower Macungie
Township on account of such violation. No penalty or cost shall be
imposed until the date the determination of the violation by the Magisterial
District Judge becomes final. If the defendant neither pays nor timely
appeals the judgment, Lower Macungie Township may enforce the judgment
as provided by law. Each day a violation exists after final judgment
shall constitute a separate offense. The amount of the fine imposed
shall be multiplied by the number of such days and may be charged
and collected by Lower Macungie Township without further judicial
proceedings. Further, the appropriate officers or agents of Lower
Macungie Township are hereby authorized, to issue a cease and desist
notice and/or to seek equitable relief, including injunction, to enforce
compliance herewith. No Bond will be required if injunctive relief
is sought by Lower Macungie Township. A person who violates this chapter
shall also be responsible for Lower Macungie Township's attorney's
fees, engineering fees, expert fees and court costs reasonably incurred
by Lower Macungie Township on account of such violation."
[Ord. No. 2019-10, 8/1/2019]
1.
Applicability.
A.
New Towers and Antennas. All new towers or antennas in Lower Macungie
Township shall be subject to these regulations, except as provided
in Subsection 1.B through D below.
B.
Amateur Radio Station Operators/Receive-Only Antennas and television
antennas. This section shall not govern any tower, or the installation
of any antenna, (1) that is under 50 feet in height and is owned and
operated by a federally licensed amateur radio station operator or
(2) is used exclusively for "receive only" antennas.
C.
Preexisting Towers or Antennas. Preexisting towers and preexisting
antennas shall not be required to meet the requirements of this section,
other than the requirements of Subsections 2.F and G below.
D.
AM Array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
to be one tower. Measurements for setbacks and separation distances
shall be measured from the outer perimeter of the towers included
in the AM array. Additional tower units may be added within the perimeter
of the AM array as of right.
2.
General Requirements.
A.
Principal or Accessory Use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
B.
Lot Size. For purposes of determining whether the installation of
a tower or antenna outside of the public rights-of-way complies with
zoning district regulations, including, but not limited to, setback
requirements, lot coverage requirements, and other such requirements,
the dimensions of the entire lot shall control, even though the antennas
or towers may be located on leased parcels within such lot.
[Amended by Ord. No. 2020-01, 2/6/2020]
C.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the Zoning Officer an inventory of applicant's
existing towers, antennas, or sites approved for towers or antennas,
that are either within the boundaries of Lower Macungie Township or
within one mile of the border thereof, including specific information
about the locations, height, and design of each tower. The Zoning
Officer may share such information with other applicants applying
for permits under this section or other organizations seeking to locate
antennas within the boundaries of Lower Macungie Township, provided,
however that the Zoning Officer is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
D.
Visual Impact Requirements. Towers and antennas shall meet the following
requirements:
(1)
Minimum Height. The applicant shall request the minimum tower
and/or antenna height above ground level required to fulfill its technological
function.
(2)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
E.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
F.
State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency
of the federal government or Commonwealth of Pennsylvania with the
authority to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations shall be a violation
of this chapter.
G.
Building Codes; Safety Standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in all applicable Lower Macungie
Township ordinances, including building and property maintenance,
and the applicable standards for towers that are published by the
Electronic Industries Association, as amended from time to time. If,
upon inspection, Lower Macungie Township concludes that a tower (1)
fails to comply with such codes and standards and (2) constitutes
and danger to persons or property, then, upon notice being provided
to the owner of the tower, the owner shall have 30 days to bring such
tower into compliance within said 30 days shall constitute grounds
for the removal of the tower or antenna, at the owner's expense.
H.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
and outside Lower Macungie Township, irrespective of municipal and
county jurisdictional boundaries.
I.
Not Essential Services. Towers and antennas shall be regulated or
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities, or private utilities.
J.
Franchises. Owners and/or operators of towers or antennas shall certify
in writing under oath to the Township that all franchises required
by law for the construction and/or operation of a wireless communication
system in Lower Macungie Township have been obtained, and shall file
a copy of all required franchises with the Zoning Officer.
K.
Signs. No portion of any tower or related structure shall be used
for a sign or other advertising purpose including, but not limited
to, company name, phone number, banners, streamers, etc.
L.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection 6. No building or facility may be used as an office or as a broadcast studio. No building or facility may be used for long-term vehicle storage or for other outdoor storage. There shall be no employees located on site. The facility may only be visited for routine maintenance and emergency repair. Parking: a minimum of two off-street parking spaces shall be provided for a tower. The parking shall conform to the parking standards of this chapter. Access: adequate emergency and service access shall be provided. Access roads shall comply with the Township subdivision and land development Ordinance [Chapter 22A]. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize grounds disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. All towers and buildings shall provide for Township emergency services equipment, transponders, etc, at no cost to the Township in order to facilitate emergency response, emergency management and the like.
M.
Multiple Antenna/Tower Plan. Lower Macungie Township encourages the
users of towers and antennas to submit a single application for approval
of multiple towers and/or antenna sites. Applications for approval
of multiple sites shall be given priority in the review process.
N.
District Requirements.
[Amended by Ord. No. 2020-01, 2/6/2020]
(1)
New towers or co-located antennas shall not be permitted within
any agricultural/rural, rural, semi-rural, suburban or urban zoning
district, residential subdivision or residential apartment or condo
complex. No antenna shall be located or mounted upon single-family
detached residences, single-family attached residences, twin-homes,
duplexes, or any residential accessory structure.
(2)
Co-located antennas or replacement towers and antennas shall
be allowed as of right in any commercial, industrial and office, research,
light industrial center (ORLIC) zoning district. New towers and antennas
shall be allowed as a conditional use in any commercial, industrial
and office, research, light industrial center (ORLIC) zoning district.
In all cases, the wireless facilities, antennas, towers and the like
shall comply with the Lower Macungie Township Small Cell Design Guidelines.
(3)
Natural and Historic Preservation. Any tower or antenna shall
comply with all natural resource preservation ordinances. In addition,
no tower or antenna shall be located on a building or structure that
is listed on a historic register, is in a historic district, or has
been designated by the Township to be of historic significance.
O.
Demonstration of Need.
(1)
Unique Site. The applicant shall demonstrate, using technological
evidence, that the tower or antenna must go where it is proposed in
order to satisfy its function pursuant to the company's technological
requirements.
(2)
Good Faith Effort. Prior to proposing the construction of a
new tower, the applicant shall demonstrate that a reasonable effort
has been made to site the antenna on an existing structure within
close proximity of the chosen site. At all times, shared use of existing
towers shall be preferred to the construction of new towers. In addition,
documentation shall be provided to show that the applicant has contacted
by certified mail, return receipt requested, all tower owners within
a one-mile radius of the proposed site and give the physical and/or
financial reasons why shared usage is not practical.
P.
Visual Impact Assessments. The applicant shall be required to undertake
a visual impact assessment of any proposed new tower or any proposed
modification to an existing tower to include:
(1)
A "zone of visibility map," provided in order to determine locations
where the proposed tower or antenna may be seen.
(2)
Pictorial representations of "before and after" views from key
viewpoints, both inside and outside of the Township, where the proposed
tower or antenna may be seen.
(3)
Assessment of alternative tower designs and color schemes.
(4)
Assessment of the visual impact of the tower base, accessory
buildings, and overhead utility lines from abutting properties and
streets.
Q.
Antennas and related equipment shall be treated to match the supporting
structure and may be required to be painted, or otherwise coated,
to be visually compatible with the support structure upon which they
are mounted at the direction of the Township.
[Added by Ord. No. 2020-01, 2/6/2020]
R.
In areas where all utilities are required to be placed underground,
any ground-mounted related equipment associated with an antenna shall
be placed underground. Ground-mounted related equipment that cannot
be placed underground shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features in accordance
with the Lower Macungie Township Small Cell Wireless Facility Design
Guidelines.[1]
[Added by Ord. No. 2020-01, 2/6/2020]
[1]
Editor's Note: Said guidelines are included as an attachment to this chapter.
S.
Required electrical meter cabinets shall be screened to blend in
with the surrounding area to the satisfaction of the Township.
[Added by Ord. No. 2020-01, 2/6/2020]
T.
Any proposed underground vault related to antennas shall be reviewed
and approved by the Township for safety and sound design per building
code.
[Added by Ord. No. 2020-01, 2/6/2020]
U.
Related equipment attached to the antenna support structure shall
have 12 feet of vertical clearance above finished grade.
[Added by Ord. No. 2020-01, 2/6/2020]
V.
For any proposed antenna and related equipment that will be located
on a structure owned by a party other than the Township, the applicant
shall submit evidence to the Township that the owner of the structure
has granted the applicant permission to attach the proposed antenna
and any related equipment.
[Added by Ord. No. 2020-01, 2/6/2020]
W.
The Township shall have the right to deny any application based upon
the following health, safety or general welfare concerns:
[Added by Ord. No. 2020-01, 2/6/2020]
(1)
The location of any equipment or apparatus that may hinder or
impede pedestrian access, ADA access, bicycle access, etc.
(2)
The location of any equipment or apparatus that may be hit or
damaged by snow plowing activities including snow plow blades, snow
piles, etc.
(3)
The location of any equipment or apparatus that may be flooded
or inundated with water in any stormwater or flooding conditions.
(4)
The equipment or apparatus obstructs view of any traffic signal
or official traffic sign.
X.
Any proposed antenna and associated equipment and apparatus shall
require the submission of an accurate to scale photo simulation/rendering
with submission to the Township showing at least three points of view
of the proposed antenna.
[Added by Ord. No. 2020-01, 2/6/2020]
Y.
In the event that any tower or antenna must be relocated, the owner
and/or operator of the tower or antenna shall bear the cost of such
relocation.
[Added by Ord. No. 2020-01, 2/6/2020]
Z.
Upon submission of an application for any new tower, pole or nonco-located
apparatus, the new equipment shall be considered a conditional use
and require the scheduling of a public hearing upon the application,
the applicant shall mail notice to all owners of every property within
500 feet of the proposed facility. The applicant shall provide proof
of the notification to the Township prior to the hearing.
[Added by Ord. No. 2020-01, 2/6/2020]
AA.
In addition to the applicable requirements of § 27-2407, Subsection 2A through Z above, the following requirements of this § 27-2407, Subsection 2AA shall apply to all towers and antennas located within the public rights-of-way:
[Added by Ord. No. 2020-01, 2/6/2020]
(1)
All towers and antennas in the public rights-of-way shall meet
the definition of a small WCF.
(2)
Antennas in the public rights-of-way shall be as a priority,
located or co-located on existing poles, such as existing utility
poles, light poles, or traffic lights. As a first priority, antennas
shall be located or co-located on existing structures within public
or private parking lots. As a second priority, and upon showing that
no suitable sites of the first priority are technically feasible,
towers and antennas meeting the definition of a small WCF shall be
located within the public rights-of-way.
(3)
Towers shall not be located in the front yard area of any residential,
commercial, industrial or other habitable or ornamental structure.
(4)
No towers shall be located within the sight triangle of any
intersection.
(5)
The Township shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all antennas and towers in the
public rights-of-way based on public safety, traffic management, physical
burden on the rights-of-way, and related considerations. For public
utilities, the time, place and manner requirements shall be consistent
with the police powers of the Township and the requirements of the
Public Utilities Code.
(6)
Antennas, towers and related equipment in the public rights-of-way
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, or to otherwise create safety
hazards to pedestrians and/or motorists or to otherwise inconvenience
public use of the right-of-way as determined by the Township following
technical review. In addition:
(a)
In areas where all utilities are required to be placed underground,
any ground-mounted equipment associated with an antenna or tower shall
be placed underground. Ground-mounted equipment that cannot be placed
underground shall be screened, to the fullest extent possible, through
the use of landscaping or other decorative features in accordance
with the Lower Macungie Township Small Cell Design Guidelines.[2] No towers shall be erected in areas where all utilities
are required to be placed underground.
[2]
Editor's Note: Said guidelines are included as an attachment to this chapter.
(b)
Any graffiti on the tower or on any related equipment, antenna
support structure, or base station shall be removed at the sole expense
of the owner within 30 days of notice by the Township.
(7)
Design regulations. All towers and antennas in the public rights-of-way
shall comply with the requirements of the Lower Macungie Township
Small Cell Design Guidelines.
(8)
Within 90 days following written notice from the Township, or
such longer period as the Township determines is reasonably necessary
or such shorter period in the case of an emergency, an owner of a
tower the public rights-of-way shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
tower when the Township, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(a)
The construction, repair, maintenance or installation of any
Township or other public improvement in the right-of-way;
(b)
The operations of the Township or other governmental entity
in the right-of-way;
(c)
Vacation of a street or road or the release of a utility easement;
or
(d)
An emergency as determined by the Township.
(9)
In addition to permit fees as described in this section, every
antenna or tower in the public rights-of-way is subject to the Township's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the public rights-of-way. Such compensation for public
rights-of-way use shall be directly related to the Township's actual
ROW management costs, including, but not limited to, the costs of
the administration and performance of all reviewing, inspecting, permitting,
supervising and other ROW management activities by the Township. The
owner of each antenna or tower shall pay an annual fee to the Township
to compensate the Township for the Township's costs incurred in connection
with the activities described above.
3.
Permitted Uses. Antennas or towers located outside of the public
rights-of-way on property owned, leased, or otherwise controlled by
Lower Macungie Township are deemed permitted without further zoning
approval, provided that Lower Macungie Township has, in its sole discretion,
entered into a license or lease for the same with third parties setting
forth the criteria for occupancy.
[Amended Ord. No. 2020-01, 2/6/2020]
4.
Antenna Co-location.
[Amended Ord. No. 2020-01, 2/6/2020]
A.
Height.
(1)
An existing tower outside of the public rights-of-way may be modified or rebuilt to a greater height, not to exceed 30 feet over the pole or tower's existing height, to accommodate the collocation of additional antenna. The maximum height of the final tower shall be 50 feet or the premodification height of the tower, whichever is greater. Modifications that do not constitute a substantial change shall be exempt from the requirements of this § 27-2407, Subsection 4A(1).
B.
On-Site Location.
(1)
A tower which is being rebuilt to accommodate the collocation
of additional antenna may be moved on site within 50 feet of its existing
location.
(2)
After the tower is rebuilt to accommodate collocation, only
one tower may remain on the site.
(4)
The on-site relocation of a pole or tower which comes within
the separation distances to residential units or residentially zoned
lands as established in Subsection 7B(5) shall not be permitted.
C.
Applicants proposing the improvement, upgrade or expansion of an
existing pole or tower that does not substantially change the dimensions
of the antenna support structure shall obtain only a building permit
from the Township. Such improvement, upgrade or expansion of an existing
tower that does not substantially change the dimensions of the antenna
support structure shall not require conditional use approval if all
other parts of this section are in compliance. In order to be considered
for such permit, the applicant must submit a permit application to
the Township in accordance with applicable permit policies and procedures.
The Township may assess appropriate and reasonable permit fees directly
related to the Township's actual costs in reviewing and processing
the application.
(1)
Within 30 calendar days of the date that an application for
a co-located antenna is filed with the Township, the Township shall
notify the applicant in writing of any information that may be required
to complete such application. Within 60 calendar days of receipt of
a complete application, the Township shall make its final decision
on whether to approve the application and shall advise the applicant
in writing of such decision.
(2)
Within 60 days that an application for a co-located antenna
that meets the definition of a small WCF is filed with the Township,
the Township shall make its final decision on whether to approve the
application and shall advise the applicant in writing of such decision.
5.
Special Exceptions.
A.
General. The following provisions shall govern the issuance of special
exceptions for towers or antennas by the Zoning Hearing Board.
(1)
Siting
[Amended Ord. No. 2020-01, 2/6/2020]
(b)
Antennas and towers meeting the definition of a small WCF shall
be permitted in all zoning districts in the public rights-of-way along
arterial roads and collector roads as per the official Lower Macungie
Road Classification Map conditioned upon the following provisions:
1)
No small WCF, equipment or apparatus shall be located so as
to abut upon the front yard or front of any primarily residential
structure. Any small WCF abutting a primarily residential structure
on the side or rear must provide a distance of no less than 75 feet
from the structure.
2)
No new pole shall exceed the height of the immediately surrounding
existing poles or streetlights.
3)
The Township may require the applicant to install a functional
streetlight when technically feasible.
4)
All small WCFs shall comply with the Lower Macungie Township
Small Wireless Facility Design Guidelines.[3]
[3]
Editor's Note: Said guidelines are included as an attachment to this chapter.
(3)
In granting a special exception, the Zoning Hearing Board may
impose conditions to the extent the Zoning Hearing Board concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(4)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
by a licensed professional engineer, as appropriate within such engineer's
competence.
(5)
An applicant for a special exception shall submit the information
described in this section and a nonrefundable fee as established from
time to time by resolution of the Board of Commissioners of Lower
Macungie Township.
B.
Towers.
(1)
Information Required. In addition to any information required
for special exception applications generally, applicants for a special
exception for a tower shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when the site and all properties within
the applicable separation distances set forth in Subsection 5B(v),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking, and such other information deemed by the Zoning
Officer to be necessary to assess compliance with this chapter, as
amended.
(b)
Legal description of the subject tract or parcel.
(c)
The setback distance between the proposed tower and the nearest
residential unit, the nearest property lines of platted residentially
zoned property, and unplatted residentially zoned properties.
(d)
The separation distance from other towers described in the inventory
of existing sites submitted pursuant to Subsection 5B(4)(c) shall
be known on an updated site plan or map. The applicant shall also
identify the type of construction of the existing tower(s) and the
owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing, and finished color and, if applicable, the
method of camouflage and illumination.
(g)
A sworn and notarized affidavit by the applicant of compliance
with Subsections 2.C, D, E, F, G, J, L and M, 5.B(4) and B(5) and
all applicable federal, state or local laws.
(h)
A sworn and notarized affidavit by the applicant as to whether
construction of the tower will accommodate co-location of additional
antennas for future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in Lower Macungie Township.
(j)
A description of the suitability of the use of existing towers,
other structures, or alternative technology not requiring the use
of towers or structures, to provide the services to be provided through
the use of proposed new tower.
(k)
A description of the feasible location(s) of future towers or
antennas within Lower Macungie Township based upon existing physical,
engineering, technological or geographical limitations, in the event
that the proposed tower is erected.
(l)
Accommodation of Future Users. All towers permitted after the
effective date of this chapter must be engineered to provide the structural
capacity and the space necessary to accommodate additional new users.
The plans submitted to the Township shall clearly indicate which portion(s)
of the tower which will be reserved for future users.
(m)
Township Emergency Communications Network. In addition to providing
the structural capacity and space to accommodate future commercial
users, the applicant must also dedicate space on the new tower to
be used by the Township Emergency Communications Network. The plans
submitted to the Township shall clearly indicate which portion(s)
of the tower that shall be dedicated, free of charge, to the Township
for this purpose.
(2)
Factors Considered in Granting Special Exception for Towers.
In addition to any standards for consideration of special exceptions
generally, the Zoning Hearing Board shall consider the following factors
in determining whether to issue a special exception:
(a)
Height of the proposed tower, which shall not exceed 200 feet.
(b)
Proximity of the tower to residential structures and residential
district boundaries.
(c)
Compatibility with uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(g)
Proposed ingress and egress.
(h)
Availability of suitable existing towers, other structures,
or alternative technologies not requiring the use of towers and structures,
as discussed in Subsection 5.B(3).
(i)
Demonstration of need requirement as set forth in Subsection
2.O.
(3)
Availability of Suitable Existing Towers, Other Structures,
or Alternative Technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Zoning
Hearing Board that no existing tower, structure, or alternative technology
that does not require the use of new towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the Zoning Hearing Board related to the availability
of suitable existing towers, other structures, or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure,
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause unacceptable electromagnetic
interference with the antenna on the existing towers or structures
would cause unacceptable interference with the applicant's proposed
antenna.
(e)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures (such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system) is unsuitable. However, costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(4)
Setbacks. The following setback requirements shall apply to
all towers for which a special exception is required:
(5)
Separation. The following separation requirements shall apply
to all towers and antennas for which a special exception is required:
(a)
Separation from off-site uses/designated areas.
1)
Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas as specified
in Table 27-24-1, except as otherwise provided in Table 27-24-1.
2)
Separation requirements for towers shall comply with the minimum
standards established in Table 27-24-1.
3)
Table 27-24-1:
|
Off-site Use/Designated Area
|
Separation Distance
|
|---|---|
|
Single-family or duplex residential units. Includes modular
homes and mobile homes used for living purposes
|
100 feet or 100% height of tower, whichever is greater
|
|
Vacant single-family or duplex residentially zoned land which
is either platted or has preliminary subdivision plan approval which
is not expired
|
200 feet or 300% height of tower, whichever is greater. Separation
measured from base of tower to closest building setback line
|
|
Vacant unplatted residentially zoned lands. Includes any unplatted
residential use properties without an approved preliminary subdivision
plan or other valid development plan approval, and any multifamily
residentially zoned land greater than duplex
|
100 feet or 100% height of tower, whichever is greater
|
|
Existing multifamily residential units great than duplex units
|
100 feet or 100% height of tower, whichever is greater
|
|
Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
|
(b)
Separation Distances Between Towers.
1)
Separation distances between towers shall be applicable for
and measured between the proposed tower and preexisting towers. The
separation distances shall be measured by drawing or following a straight
line between the center of the base of the existing tower and the
center of the proposed base, pursuant to a site plan, of the proposed
tower. The separation distances (listed in linear feet) shall be as
shown in Table 27-24-2.
2)
Table 27-24-2: Existing Towers-Types.
[Amended Ord. No. 2020-01, 2/6/2020]
|
Lattice
|
Guyed
|
Monopole 75 Ft. in Height or Greater
|
Monopole less than 75 Ft. in Height
| |
|---|---|---|---|---|
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 50 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 50 feet in height*
|
750
|
750
|
750
|
750
|
|
*
|
Where a minimum separation distance results in limitation or
inhibition for a provider to obtain its desired level of service,
a waiver may be granted by the Board of Commissioners with submission
of evidence showing that enforcement of the minimum separation distance
will materially inhibit the provider's provision of wireless service
in the Township.
|
(6)
Security Fencing. Towers shall be enclosed by security fencing
not less than six feet in height, with an appropriate anticlimbing
device.
(7)
Landscaping. The following requirements shall govern the landscaping
surrounding towers outside the public rights-of-way, for which a special
use permit is required.
[Amended Ord. No. 2020-01, 2/6/2020]
(a)
An evergreen screen can be required to surround the tower and
any other ground level features such as a building. The screen can
be either a hedge (planted three feet on center maximum), or a row
of evergreen trees (planted 10 feet on center maximum) and shall blend
with existing vegetation to the greatest extent possible. The evergreen
screen shall be a minimum height of six feet at planting, and shall
grow to a minimum of 15 feet at maturity.
(b)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
(8)
Within 30 calendar days of the date that an application for
a tower is filed with the Township, the Township shall notify the
applicant in writing of any information that may be required to complete
such application. All applications for towers shall be acted upon
within 150 days of the receipt of a fully completed application for
the approval of such towers and the Township shall advise the applicant
in writing of its decision.
[Added by Ord. No. 2020-01, 2/6/2020]
(9)
Within 90 days of receipt of a complete application for a small
wireless communications facility (WFC) requiring installation of a
new antenna support structure, the Township shall make a final decision
on whether to approve the application and shall notify the WCF applicant
in writing of such decision.
[Added by Ord. No. 2020-01, 2/6/2020]
6.
Buildings or Other Equipment Storage.
A.
Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(1)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 100 square feet
of gross floor area or eight feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
(2)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 20% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all
the applicable building codes, as amended from time to time.
B.
Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following. In Office, Research and Light Industrial
Center (ORLIC) or Industrial Districts, the equipment cabinet or structure
shall be no greater than 10 feet in height or 200 square feet in gross
floor area. The structure or cabinet shall be screened by a dense
planting screen with an ultimate height of at least six feet. In all
other instances, structures or cabinets shall be screened from view
of all residential properties which abut or are directly across the
street from the structure or cabinet by an opaque fence eight feet
in height minimum or an evergreen hedge with an ultimate height of
eight feet and a planted height of at least 36 inches.
C.
Antennas Located on Towers Outside of the Public Rights-of-Way. The
related unmanned equipment structure shall not contain more than 200
square feet of gross floor area or be more than 10 feet in height,
and shall be located in accordance with the minimum yard requirements
of the zoning district in which it is located.
[Amended Ord. No. 2020-01, 2/6/2020]
7.
Removal of Abandoned Antennas and Towers. Any antenna or tower that
is not operated, and for which there is no intent or attempt to operate,
for a continuous period of time of 12 months shall be considered abandoned,
and the owner of such antenna or tower shall remove the same within
90 days after receipt of notice from Lower Macungie Township notifying
the owner of such abandonment. Failure to remove an abandoned antenna
or tower within said ninety-day period shall be grounds to remove
the tower or antenna, at the owner's expense. If there are two or
more users of a single tower, then this provision shall not become
effective until all users have abandoned the tower or antenna. A sum
sufficient to cover the cost of removal must be posted as cash escrow
or acceptable equivalent with the Township. The amount required shall
be determined in the sole discretion of the Board of Commissioners,
based upon the unique characteristics of the tower or antenna or site.
The applicant and/or owner shall cooperate with the Board of Commissioners
in supplying all necessary construction data to the Board of Commissioners
prior to the approval of any application. Cost estimates shall be
reviewed and recommended by the Township Engineer.
8.
Annual Certification and Permit. In January of each year, an inspection
shall be performed by an independent engineer acceptable to the Township
and paid by the applicant and verification shall be provided to the
Township Zoning Officer that there have been no changes in the operating
characteristics of the tower or antenna as approved at the time of
the special exception application, including at a minimum:
A.
Direction of the signal.
B.
Frequency, modulation, and class of service.
C.
Transmission and maximum effective radiated power.
D.
Manufacturer, type and model of equipment.
E.
Height of the antenna or tower.
F.
Name, address and emergency telephone number of the operator.
G.
Copy of the current FCC license.
H.
Review of all reasonable requests of shared use of the tower.
9.
Nonconforming Uses.
A.
Not Expansion of Nonconforming Use. Towers that are constructed and
antennas that are installed in accordance with the provision of Subsection
1.C shall not be deemed to constitute the expansion of a nonconforming
use or structure.
B.
Preexisting Towers. Preexisting towers shall be allowed to continue
their use as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this chapter.
C.
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Subsection 7 above, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt in like kind without having to meet the separation requirements specified in Subsections 5.B(4) and (5). The type, height, and location of the tower on site shall be of the same type and intensity of array as the original facility approval. Building permits to rebuild the tower or antenna shall comply with the then-applicable-building codes and shall be obtained within 180 days from the date the tower or antenna is damaged or destroyed. If no permit is obtained or if said permit expires, then the tower or antenna shall be deemed abandoned as specified in Subsection 7.
[Ord. No. 2019-10, 8/1/2019]
1.
All conditional uses not regulated or noted in this Part shall comply
with all other portions of this Zoning Ordinance and the adopted Lower
Macungie Township Design Guidelines, where applicable.[1]
[1]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
[Ord. No. 2019-10, 8/1/2019]
All residential subdivisions or land developments whose entrances
are gated to provide restricted vehicular access shall provide all
police, fire, and emergency services providers serving the area of
the subdivision or land development with keys to such gates or equivalent
means of immediate entry, so as to provide twenty-four-hour, 365-day
per year public safety access to the dwellings in the subdivision
or land development.
[Ord. No. 2019-10, 8/1/2019]
1.
This use shall be a residential development that meets the following
qualifying criteria:
A.
Restricts the age of its residents to age 55 and older in accordance
with Subsection 4.Q, hereafter.
B.
Consists of not less than 30 contiguous acres under common equitable
or legal ownership (such contiguous acres may include multiple land
parcels).
C.
Provides significant related private passive open space and recreation
space and facilities to its residents.
D.
Includes private internal streets, landscaped buffer areas along
public streets, and private on-site recreational facilities.
E.
Is a unified development pursuant to the Pennsylvania Uniform Planned
Community Act, 68 Pa.C.S.A. § 5101 et seq., or the Pennsylvania
Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
F.
Complies with all provisions of this section and other applicable
provisions of this chapter.
2.
The provisions herein applicable to this use recognize the reduced
demands of such residential communities (compared to non-age-restricted
housing) for parking, water/sewerage flows, and other municipal services,
and appreciates the sense of community and lessened private maintenance
responsibilities associated with age-restricted homes being located
closer together than in other forms of single-family developments
not involving a community owners' association.
3.
Within, and as a part of an active adult residential community, the
following uses are permitted:
A.
Uses Permitted by Right.
(1)
Agriculture.
(2)
Forestry.
(3)
Club, lodge or social building.
(4)
Place of worship.
(5)
Single-family detached dwelling.
(6)
Single-family semidetached dwelling.
(7)
Single-family attached dwelling including groupings of not more
than four connected dwelling units.
(8)
Clubhouses, community centers, private recreation facilities,
areas, and amenities, provided such uses are for the exclusive use
of the residents of the active adult residential community and their
guests, and excluding retail or commercial uses except retail sales
to residents or their guests incidental to a clubhouse, social hall,
or similar use within the community.
B.
Uses Permitted by Condition.
(1)
Bed-and-breakfast.
(2)
Day-care center, provided it serve only residents of that active
adult residential community and their families.
(3)
Facilities owned and operated by the Township, county, state
or federal government, or agencies thereof.
(4)
Life care center, provided it serves only residents of that
active adult residential community and their families.
(5)
Group care facility, provided it serves only residents of that
active adult residential community and their families.
(6)
Home occupation.
C.
Uses Permitted by Special Exception. Any use of the same general
character as those uses permitted by right and condition by this section.
Evidence shall be submitted documenting the similarity and difference
between the proposed uses and the uses permitted by right or condition
to which the proposed use is most similar.
D.
Accessory Uses. Accessory uses on the same lot and customarily incidental to the permitted active adult residential community use are permitted by right by this section. These accessory uses include those listed in § 27-1708 of this chapter, except that the following accessory uses are excluded from an active adult residential community use:
(1)
Private buildings and structures.
(2)
Detached garages and carports.
(3)
Drive-in stands and farm stands.
(4)
Recreational vehicles, except that truck-mounted campers, folding
tent campers, snowmobiles, minibikes, all-terrain vehicles, and go-carts
are permitted, while motor homes, travel trailers, boat trailers,
and other large recreational vehicles not specifically permitted by
this Subsection 3.D are not permitted.
(5)
Private swimming pools; additionally, the term "accessory use"
shall also not include any retail or commercial use and all accessory
uses shall comply with all yard and related regulations of this section.
4.
All active adult residential community uses shall comply with the
following general performance standards:
B.
All active adult residential community uses shall be connected to
public water and sewerage systems.
C.
The minimum tract size for any active adult residential community
use shall be 30 contiguous acres.
D.
The maximum density for the active adult residential community shall
be 6.0 dwelling units per acre in the Urban Residential Overlay District.
E.
Each dwelling unit shall have a minimum building setback of 40 feet
from the centerline of any private street and 20 feet from the ultimate
right-of-way of any public street; such building setbacks shall be
in addition to any required buffer yards.
F.
No building (including attached structures, decks or patios) shall
be closer than 20 feet to the cartway of any private road, to the
ultimate right-of-way of any public road, or to any other building,
including its attached structures, decks or patios (except as herein
provided); however, an accessory storage shed of the size permitted
by § 27-418.1.A(6) of this chapter may be placed any distance
from the principal dwelling of the owner of the shed, provided it
is at least 10 feet from any building, structure, accessory shed,
deck or patio of an adjacent dwelling. Each building containing dwelling
units shall be surrounded in the side and rear yards (for front yard,
see Subsection 41 below) by a green belt for grass and landscaping
(and may include a shed as herein permitted) that is a minimum of
10 feet deep.
G.
The maximum height of any building shall be 35 feet.
H.
Every private street cartway shall be a minimum of 30 feet in width;
all public streets shall conform to the Township standards for that
street's classification.
I.
All internal streets shall be privately owned and maintained as herein
provided.
J.
Each dwelling unit driveway shall enter onto an internal street or
parking court system within the Community and no driveway shall enter
directly onto a public street in the Township unless specifically
approved by the Board of Commissioners.
K.
Any portion of the tract of an active adult residential community use which abuts a Lower Macungie Township limited-access arterial or limited-access collector public road shall incorporate a twenty-foot buffer yard in accordance with § 27-1803 of this chapter. Such buffer yard shall include a minimum three-foot-high earthen berm, or a minimum three-foot-high earthen berm/retaining wall combination, along that portion of the tract which abuts that public road. Such buffer shall be in addition to the building setback requirements of this section. Any fencing between any dwellings and any such limited-access arterial or limited-access collector public road shall be constructed outside of any such buffer yard and shall be required by condominium or homeowner association covenants running with the land to be uniform in design, construction and appearance along the frontage with the public road.
L.
Any portion of the tract of an active adult residential community use which abuts a Lower Macungie Township non-limited-access arterial or collector public road shall be required to incorporate the reverse frontage lot provisions specified in §§ 22A-704, Subsection 2B and C, and 22A-705.1.G, of the subdivision and land development Ordinance [Chapter 22A].
M.
Not more than 50% of the lineal frontage of any dwelling unit shall
consist of a paved surface; with the remainder to be in "green space"
consisting of grass, landscaping or plantings.
N.
Each dwelling unit shall have a minimum floor area of all nonbasement,
nongarage floors of 1,500 square feet.
O.
Each dwelling unit shall be subject to a condominium association
or homeowners' association.
P.
An active adult residential community shall require the condominium
association or homeowners' association to maintain all private streets
and other commonly owned or association-owned areas and facilities,
and all residents of the community shall be required to pay necessary
fees to the appropriate association for such maintenance in a form
acceptable to the Township Solicitor.
Q.
The dwelling units within an active adult residential community are
intended to and shall be considered as "housing for older persons"
and "intended and operated for occupancy by persons 55 years of age
or older," as those terms are defined and limited in § 805(d)(2)(c)
of the Fair Housing Amendment Act of 1988, 42 U.S.C. § 3607(b)(2)(c),
as amended, and regulations promulgated (or promulgated in the future)
thereunder (the "Fair Housing Act").
(1)
Such age restrictions shall be incorporated in appropriate deed
restrictions, development covenant, lease, or other appropriate instrument
intended to govern occupancy of the dwelling units in the community.
The enforcement of such age restrictions shall be the primary responsibility
of the community's condominium or homeowners' association as set forth
in such instruments. The Township shall have no obligation whatsoever
to enforce the age restriction provisions set forth herein. However,
the Township shall have the express right, to be stated in the applicable
recorded deed, lease, covenant, or other instrument, to enforce at
law or equity such restrictions, conditions, or covenants, as the
Township in its sole discretion deems appropriate.
R.
If the dimensional requirements of this section conflict with dimensional
requirements otherwise applicable under this chapter, the provisions
of this section shall apply.
5.
All active adult residential community uses shall comply with the
following recreational performance standards:
A.
The active residential community use shall comply with the open space and recreation areas requirements of § 22-710.3, of the Lower Macungie Township subdivision and land development Ordinance of 1998 ("SALDO") [Chapter 22A], as amended, except as stated herein.
B.
AM Active Adult Residential Communities shall provide open space (as defined in § 27-202 of this chapter) either as publicly dedicated open space and/or recreation space, or as privately owned open space and/or recreation space as permitted by this Subsection 5, for a minimum total of 35% of the gross area of the active adult residential community tract within the Township. All land to be included in this 35% calculation shall comply with the definition of "open space" in § 27-202 and vacant land within buffer yards or utility easements may be included for the purposes of the 35% calculation.
C.
Pathways.
(1)
All active adult residential communities shall provide a bituminous-paved pathway for walking and bicycle riding, in accordance with § 22C-105 of the Standards for Improvements Construction (Bicycle Paths) of Lower Macungie Township [Chapter 22C], as amended, along an appropriate course through the open space areas of the community tract, initially selected by the applicant for the community, such course subject to the approval of the Board of Commissioners in their reasonable discretion. If such pathway is upon private lands of the community, the pathway shall not be open for public use.
(2)
When such tract includes or is adjacent to a stream, creek, or other established natural waterway, the applicant for the community shall include in an offer for dedication to the Township (see below) a pathway [as described in Subsection 1.C(1) above] whose course shall be roughly parallel to and just outside of the floodway of the stream. That pathway's course shall extend along the full length of the waterway within the tract so as to provide both residents of the community and members of the public access to the stream-side environment. In connection with such pathway, the applicant for the community shall offer for dedication to the Township in fee subject to acceptance by the Township, at its sole discretion, an area including the paved pathway and the land between the paved pathway and the streambed, such deed of dedication to include an easement for the Township to gain access to the dedicated area for maintenance purposes. However, in the event the Township does not accept this offer of dedication, this Subsection 5.C(2) shall not apply and in that event only Subsection 1.C(1), above, shall apply. Notwithstanding the foregoing, the applicant for the community shall in any event provide to the Township one access right-of-way of record as set forth § 22A-710.3.A(2), of the subdivision and land development Ordinance of 1998 [Chapter 22A], as amended, so as to provide the Township a means of accessing for maintenance the stream, creek or other established natural waterway.
D.
The conditional use application for an active adult residential community
shall include a description of the types and locations of all recreational
facilities that will be constructed within the community.
E.
Every active adult residential community shall include an indoor
community center (which need not be located within the Township but,
if not within the Township, shall be on land of the community contiguous
with the land of the community within the Township) that shall include
a minimum of 30 square feet of interior building recreational space
per dwelling unit in the community; indoor exercise/fitness facilities;
a multipurpose room; a kitchen; and restrooms and other facilities
appropriate and necessary for such community center.
F.
The construction cost (as determined by the Board of Commissioners) of any indoor community center shall exceed the cumulative amount of any cash-in-lieu of land dedication (as required under § 22A-710.3.B, of the subdivision and land development Ordinance of 1998 [Chapter 22A], as amended) of the community's development application that may be, in its sole discretion, waived by the Township Board of Commissioners and by the governing body of any other adjacent municipality in which the active adult residential community is also situated.
G.
The recreational facilities for an active adult residential community
shall be privately owned and maintained by an owner's association
and shall not be dedicated to the Township (except for any dedicated
pathway area, as set forth in Subsection 5.C above).
H.
The community center required by Subsection 5.E above shall be substantially
completed and operational not later than the date when building permits
for 30% of the dwelling units of the active adult residential community
have been issued. All of the remaining recreational facilities and
recreation areas to be constructed or included in the active adult
residential community shall be fully constructed or completed for
use by residents not later than the date when building permits for
50% of the dwelling units of the active adult residential community
have been issued. If not completed on time, no more building permits
shall be issued until the community center and remaining recreational
facilities and recreation areas are completed, usable and operational.
I.
The provisions of this subsection may be modified or waived by the Board of Commissioners, in accordance with § 22A-1106 of the subdivision and land development Ordinance of 1998 [Chapter 22A], as amended, and with § 512.1 of the Municipalities Planning Code, 53 P.S. § 10512.1. However, in no event may the Board of Commissioners waive or defer more than 1/2 of the total recreation land dedication and/or cash-in-lieu of land dedication as required for the Community's development application by § 22A-710, Subsection 3.B, of the subdivision and land development Ordinance of 1998 [Chapter 22A], as amended.
[Ord. No. 2019-10, 8/1/2019]
1.
Solar Energy Facility. A solar energy facility may be erected as
long as it meets the applicable requirements of this chapter, all
other applicable construction codes and the following criteria:
A.
A solar energy facility shall have a twenty-foot buffer yard along the side and rear lot lines that shall comply with § 27-1803 of this chapter.
B.
Each solar panel contained in a solar energy facility shall comply
with this chapter, except that a solar energy facility may be used
for the sale of energy to other users.
C.
On or before January 1 of each calendar year, the owner of a parcel
of property upon which a solar energy facility is located shall provide
the Township with: (1) the name of the certified operator of the solar
energy facility; (2) the inspection protocol; (3) the emergency procedures
and contact information; and (4) general safety documentation.
D.
A solar energy facility shall be permitted only on a parcel of property
that is larger than 10 acres in size. Any required on-site parking
is allowed if spaces can be achieved underneath solar panels.
E.
Land development applications are required.
F.
Any mechanical equipment shall be screened by a fence or dense vegetation
subject to approval of the Zoning Officer.
G.
The maximum height for a solar panel, which shall be measured from
the lowest elevation of the ground beneath the panel to the highest
portion of the panel, shall not exceed 20 feet, unless there is parking
provided underneath.
H.
The ground surface below the solar panels shall be maintained with
ground cover or other surface to prevent soil erosion, except where
parking is provided underneath.
2.
Wind Energy Facility. A wind energy facility may be erected as long
as it meets the applicable requirements of this chapter, all other
applicable construction codes and the following criteria:
A.
Each wind turbine contained in a wind energy facility shall comply
with this chapter, except that a wind energy facility may be used
for the sale of energy to other users and the maximum height of each
wind turbine shall be the maximum building height as permitted in
the district where the wind turbine is located.
B.
A wind energy facility shall have a twenty-foot buffer yard along
the side and rear lot lines that shall comply with this chapter.
C.
A security fence measuring at least six feet in height shall be erected
around the perimeter of a wind energy facility.
D.
On or before January 1 of each calendar year, the owner of a parcel
of property upon which a wind energy facility will be located shall
provide the Township with: (1) the name of the certified operator
of the wind energy facility; (2) the inspection protocol; (3) the
emergency procedures and contact information; and (4) general safety
documentation.
E.
A wind energy facility shall be permitted only on a parcel of property
that is larger than 10 acres in size.
[Ord. No. 2019-10, 8/1/2019]
1.
Purpose and Qualifying Criteria.
A.
Multifamily apartment dwellings in the C-Commercial District are
deemed to be desirable forms of development in order to reduce traffic
congestion by locating residential and nonresidential uses in close
proximity, thus providing for varied peak traffic times and reducing
off-site trips.
B.
A walkable design for pedestrians shall be a priority, and where
applicable, multifamily apartment dwellings shall have an interconnected
street and walkway system to produce a safe and comfortable pedestrian
environment which is open to the public.
C.
Such communities shall provide for positive economic benefits to
the Township and provide housing choices for Township residents.
D.
Such communities shall effectively protect important natural features
of the site.
E.
Such communities shall utilize sustainable design practices where
practical.
2.
Multifamily apartment dwellings shall comply with the following general
performance standards:
A.
Public water and sewerage service is required.
B.
All utility service lines shall be placed underground.
C.
Direct access to an arterial road is required and the dwellings shall
be within a 1/2 mile walk of neighborhoods and other business destinations.
D.
Buffer yards shall be provided as set forth in § 27-1803. In cases where a buffer yard would be required to be located in the floodplain or in a woodland, and if vegetation exists that provides equal or greater visual protection to adjacent property owners, no additional buffer plantings are required. The planting requirements of § 27-1803.1.D shall otherwise apply, except that buffer yards along arterial roads shall be designed to create a pedestrian-oriented streetscape. In addition to street trees, a combination of ornamental trees, shrubs and ground cover plants, and low-level berming outside of the right-of-way shall be required to soften the appearance of parking lots and buildings from the public view and shall also be elements of an arterial road buffer.
E.
Pedestrian and bicycle pathway locations shall be coordinated with
the Bicycle and Pedestrian Pathway Plan of Lower Macungie Township.
Such pathways or sidewalks shall be provided within or adjacent to
the community. All sidewalks and pathways shall be constructed in
accordance with § 22A-805.9.
F.
Full cut-off dark sky friendly fixtures shall be provided for all
roadway and common area lighting to reduce light pollution, light
trespass and glare. If there are security issues in certain locations,
this standard may be modified in limited areas near buildings and
parking lots.
G.
The applicant shall consider LED fixtures for outdoor lighting in
common areas to reduce power consumption.
H.
Building elevations shall be provided for review and approval of
the architectural scheme of the buildings during the conditional use
process.
I.
The lot area, width, building coverage and yard requirements applicable
to the C-Commercial District as contained in §§ 27-10A07
and 27-10A08, shall apply. All of the requirements shall be applied
on a development-wide basis, without regard to individual uses within
the development.
J.
There shall be at least one area with a bus shelter within or adjacent
to the multifamily apartment dwellings use for public and private
transportation pick-up and drop-off of passengers.
3.
Notwithstanding anything to the contrary in § 27-1701, multifamily apartment dwellings shall be permitted only on a lot that contains one or more nonresidential principal uses that are permitted by right or condition in the C-Commercial District; provided, however, that a coordinated development of multifamily apartment dwellings and one or more nonresidential principal uses on multiple lots or parcels may be considered on a single lot or parcel for purposes of this paragraph and the requirements of §§ 27-1007, 27-1008 and Subsections 2, 5 and 6, subject to the following conditions:
A.
The multifamily apartment dwellings use with nonresidential use(s)
shall be in accordance with a unified site plan and architectural
scheme approved by the Township during the conditional use and land
development submission process.
B.
If the multifamily apartment dwellings use is owned, built, or financed
by multiple persons, the Township must receive satisfactory evidence
that all such persons are legally bound to conform to the above-required
unified site plan and architectural scheme and to insure long-term
maintenance of the facilities.
C.
The Township must receive satisfactory evidence of reciprocal cross
easements which allow for common parking and which provide internal
vehicular and pedestrian interconnections between the lots or parcels.
D.
The Township must receive the following, which shall be subject to
review and approval by the Township Solicitor:
(1)
Copies of deed restrictions and/or easements that will apply.
(2)
A description of the organization, including its bylaws, and
all documents governing maintenance requirements and use restrictions
for common facilities.
(3)
Membership in the organization shall be mandatory for owners
of the lot on which the multifamily apartment dwellings are located.
(4)
The organization shall be responsible for maintenance of and
insurance on common facilities, such as, but not limited to, stormwater
management areas, common driveways, common landscaping, common lighting,
and any other common elements or amenities shown on final plans.
(5)
The members of the organization shall share equitably the costs
of maintaining, insuring and operating common facilities and amenities.
4.
For purposes of this section, the residential portion of a lot containing
multifamily apartment dwellings shall mean any parcel, tract, building,
or structure where the principal use located thereon or therein is
multi- family apartment dwellings and 50% of any common area, accessway,
or driveway shared by the residential and nonresidential principal
uses on the lot. The nonresidential portion of a lot containing multifamily
apartment dwellings shall mean any parcel, tract, building, or structure
where the principal use(s) located thereon or therein is nonresidential,
and 50% of any common area, accessway, or driveway shared by the residential
and nonresidential principal uses on the lot.
5.
The following are specific criteria which must be met by the mixed-use
development in the C-Commercial District:
A.
The maximum density shall be 8.5 dwelling units per acre of the residential
portion of a lot; provided, however, acreage offered for recreation
lands and dedicated to the Township for public use may be counted
in the density calculation.
B.
Stormwater management facilities shall be designed as amenities for
the development and aesthetically enhance the multifamily apartment
dwellings through integration of the facilities into the overall landscaping
plan of a lot.
C.
Sidewalks, a minimum width of five feet wide, shall be provided within
the residential community, linking common parking areas to all building
entrances and allowing for walkable connections between buildings.
Furthermore, sidewalks shall be provided which link the residential
portion to the nonresidential portion.
D.
Dominant exterior materials of the buildings must include a combination
of wood, brick, stone, concrete masonry units such as split face block
or block molded with a textured surface, fiber cement, glass, vinyl,
stucco or synthetic stucco. Dominant building and roof colors must
be low reflectance, neutral or earth toned. The use of high intensity
colors, metallic colors and black is prohibited, although building
trim and accents may feature brighter colors.
E.
No residential building shall have more than 60 linear feet in continuous
wall without a minimum 18 inches horizontal articulation of the building
facade which may include changes in building plane and/or materials
to break up the scale of the facade. Such articulation may include,
but is not limited to, projecting bays, changes in roofline, recessed
entries, patios, and balconies. Such setbacks shall be at least two
feet in depth.
F.
The maximum length of a building shall be 220 feet.
G.
No building shall be located closer than 50 feet to any other building.
H.
No building shall be located closer than 15 feet to off-street parking
areas, unless the area serves as access to a garage. No building shall
be located closer than 15 feet to an internal driveway.
I.
The minimum floor area for a one-bedroom dwelling unit shall be 600
square feet, 800 square feet for a two-bedroom dwelling unit and 900
square feet for a three-bedroom dwelling unit.
J.
The maximum height shall be 50 feet. However, there shall be a maximum
of three stories of habitable space. Any additional height above the
habitable space shall be to accommodate architectural features of
the building.
K.
The maximum number of units in a building shall be 36 except when
such structure is shown to be a critical element in the overall design
or is a focal point of the residential community. In such instances,
more units in a building may be permitted as part of the conditional
use approval, so long as the massing and articulation of such structures
is sufficient to blend with the overall community.
L.
A portion of the required number of parking spaces may be met through
a reservation of 1/4 quarter space per unit in a reserve area for
future parking. The Township may require the reservation for an indefinite
period of time.
(1)
Such reservation shall be documented 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 to
provide the additional parking if the Township determines it is necessary.
(2)
If reserved parking is proposed as part of the conditional use
approval process, the applicant shall present a plan that depicts
all of the required parking and shall designate those spaces to be
held in reserve. The reserve parking area(s) shall be integrated with
the overall traffic access and pedestrian access for the site and
the reserve parking shall meet all other parking design standards;
stormwater management for the reserve area must be designed and installed
in the initial phase of development.
(3)
The additional parking that is reserved shall be required to
be kept as landscaped open area until such time as the Township may
authorize the release of the land from the restriction, or until the
Township requires that the land be developed as parking.
(4)
The Township Zoning Officer will periodically review the sufficiency
of the parking that is provided. If the Zoning Officer determines
that the reserved parking is needed to meet actual demand, he/she
shall provide written notice to the property owner. The property owner
shall then have six months from the date of the written notifications
to complete the construction of the reserved parking in accordance
with Township specifications and the approved plans.
M.
Roofs shall include parapets to conceal flat roofs and equipment
where they exist, overhanging eaves of at least one foot, sloping
roofs with an average slope between 3:1 and 1:1 and a variety in roof
slope planes.
N.
At least one bicycle rack or locker, allowing storage of at least
five bicycles each, for every 25 dwelling units or portion thereof
shall be provided.
6.
The following specific criteria must be met by the nonresidential
use(s) which are the same lot as or part of a coordinated development
with the multifamily apartment dwellings:
A.
The minimum building to building distance between nonresidential
uses shall be 50 feet.
B.
Building setbacks from major internal driveways used to provide access
to the overall lot shall be a minimum of 25 feet and maximum of 45
feet to the edge of paving and a minimum of 20 feet to parking areas.
In the case of on-street parking, there shall be a minimum fifteen-foot
setback to the building.
C.
The area devoted to nonresidential uses shall be at least 25% of
the total lot acreage.
D.
The maximum lot coverage of the nonresidential portion shall be 70%.
E.
No free-standing single-tenant building other than a supermarket
shall have a building footprint in excess of 20,000 square feet. A
supermarket shall not have a building footprint in excess of 75,000
square feet.
F.
Primary building entrances shall be accentuated with features such
as canopies, overhangs and attractive lighting to provide prominent,
aesthetic customer entrances and exterior pedestrian amenities.
G.
Buildings shall be constructed of a combination of exterior materials
with the architectural appearance to be compatible with the adjacent
residential buildings. All buildings, including those on detached
pads, shall be architecturally complementary with one another using
compatible materials, colors, rooflines and other architectural amenities.
H.
All sides of each building shall be designed and constructed with
materials consistent with the front facade. Building facades shall
be oriented to the commercial street so that utilities, trash bins
and service entrances are not visible.
I.
The building facade shall include projections, recesses, change of
materials, and roofline variations in order to prevent long, unbroken
expanses of wall. Where a building facade is visible from a public
right-of-way or civic space and is greater than 100 feet in length,
the design shall include variation in materials, window openings,
or offsets of at least 18 inches in the building plane every 60 linear
feet or less.
J.
Heating, ventilation, air conditioning, and other mechanical elements
shall be shielded from street level view.
K.
Outdoor storage, sales and displays are prohibited along store fronts,
but for vending machines and seasonal items, outdoor storage and sales
areas shall be designated at the time of plan approval and shall be
visually screened using materials and vegetation utilized in the shopping
center.
L.
Two bicycle racks or lockers, allowing storage of at least five bicycles
each, shall be provided for every 15,000 square feet of gross floor
area or portion thereof.
M.
Continuous and uninterrupted sidewalks, a minimum of eight feet in
width, with a six-foot minimum of unobstructed surface, shall be installed
along all store frontages and connecting all attached portions of
the commercial development. In cases where additional sidewalks are
needed to allow for safe transit from parking areas to the entrances
of the building, a sidewalk a minimum of six feet in width shall be
provided. Internal sidewalks shall connect to existing sidewalks on
abutting tracts and any nearby transit stops.
N.
Raised pedestrian crosswalks shall be provided at major store entrances
and major pedestrian street crossing areas.
O.
A system of landscaped pedestrian walkways shall be provided within
a parking lot to connect clusters of buildings and to provide separation
of parking spaces from walkways for safe pedestrian circulation. Pedestrian
walkways shall consist of an eight-foot-wide sidewalk and shall be
linked to provide pedestrian access throughout the shopping center.
P.
Customer loading and unloading zones in front of stores shall be
located outside of primary access driveways.
Q.
Any outdoor dining areas shall be separate from and in addition to
the eight-foot-wide sidewalk.
R.
Areas for outdoor dining shall be designated at the time of plan
approval and shall be protected from vehicular traffic by use of planters,
bollards, decorative wrought iron fencing, masonry knee walls, or
equivalent enhanced with decorative vegetation.
S.
Support structures for any awnings or pedestrian covers shall not
encroach into the eight-foot-wide sidewalk.
T.
Awnings and removable pedestrian covers shall not count as part of
the building for purposes of calculating building coverage or setbacks
from the roadways.
U.
Decorative paving patterns shall be used in the walkways, accessways,
and crosswalks to delineate pedestrian areas to provide visual awareness
to motorists.
V.
The off-street parking facilities must comply with the following:
(2)
Each retail area group of stores containing more than 40,000
square feet of floor area shall be designed to include one "boulevard
style" primary access which shall be lined with street trees and shall
include a center median with vegetative landscaping.
(3)
Parking lots shall be located to the rear or side of any buildings
that have frontage on an arterial roadway.
(4)
Shopping cart collection corrals shall be incorporated into
the parking lot design for all retail buildings for which shopping
carts are provided for customers. Roofed corral structures are not
to be counted as part of the shopping center building coverage. Cart
corrals may encroach into required yards subject to review and approval
of the overall site design.
(5)
Parking lots shall generally be designed so that the parking
aisles are perpendicular to the building and shall be designed so
that the internal roadway along the storefront(s) shall not be the
primary means of accessing the store(s). Parking lots shall also be
designed to minimize vehicular use of the roadway along the storefront(s)
by encouraging the distribution of vehicles within the parking lot
aisles via an access roadway along the opposite end of the parking
lot(s) from the storefront(s) and providing intermediate internal
roadway(s) through the parking lot(s) perpendicular to the parking
aisles to limit the length of parking aisles.
(6)
In order to enhance pedestrian safety, appropriate pedestrian
linkages shall be provided within the parking lot(s) to allow pedestrian
movement from the parking spaces to the buildings without the necessity
of walking in the vehicular aisles.
(7)
The required parking may be provided in a common parking lot
so long as the total number of spaces provided is not less than the
sum of the spaces required for each use. However, the overall number
of parking spaces may be reduced below this total as part of the conditional
use review if it can be demonstrated that the hours or days of peak
parking demand needed for the uses are different and that fewer parking
spaces will adequately serve the uses on the site.
(8)
Fire lanes shall be identified and posted by the developer.
(9)
Each layout shall provide access acceptable to the Township
fire department to all buildings. Where required, paved surfaces and
adequate turning radii shall be provided throughout the commercial
site for Township emergency services equipment. Locked security gates
restricting access to areas which are critical for emergency services
such as firefighting must be equipped with lock boxes or an alternative
system approved by the Township fire department to permit unimpeded
access to those areas by Township emergency services.
[Ord. No. 2019-10, 8/1/2019]
1.
The following are specific criteria which must be met by fuel dispensing
stations:
A.
A fuel dispensing station shall be owned and operated only by the
person who owns and operates a supermarket, shopping center use or
convenience store use.
B.
Fuel dispensing stations shall comply with the applicable standards
of § 27-2406.1.E.
C.
Canopies for fuel dispensing islands shall be designed to have gabled
roofs and shall not be flat or slanted in one direction only.
D.
Building materials for the canopy and attendant station shall be
architecturally compatible with the design of the development. Outdoor
storage of supplies is prohibited.
E.
Canopies for fuel dispensing islands shall be lit with recessed lighting
under the canopy. Light sources shall be shielded from the view of
surrounding properties.
F.
Fuel dispensing stations shall provide protections satisfactory to
the Township to prevent spills, to clean spills quickly and to prevent
spilled fuel from entering the stormwater system. The protections
required by this section may include, but are not limited to, employee
training, spill and hazard kits, safety equipment on pumps and underground
storage tanks and facilities in nearby stormwater inlets which block
and collect spilled fuel to prevent contamination of the stormwater
system. An ongoing inspection and maintenance program shall be provided.
G.
Vehicular circulation at fuel dispensing stations shall be designed
to provide adequate area between pumps to allow unimpeded travel between
fuel dispensing islands when all fuel pumps are occupied. A minimum
of three cars (one at the fueling pump and with two stacked behind)
must be accommodated from whichever direction(s) cars may queue to
the pump area.
H.
Fuel dispensing stations shall provide adequate stacking for cars
at each pump island without impeding interior traffic circulation.
I.
An attendant is required to be on site during all hours of operation.
The attendant's location shall enable the unobstructed view of each
fueling facility.
J.
Hours of operation shall be provided at the time of the conditional
use approval. Hours of operation shall be limited to those hours not
disruptive to the residential development.
K.
A landscaped planter with a minimum of three-foot width shall be
required to separate the fueling dispensing station from other uses.
L.
The vent stack for the fuel storage tanks shall be located on the
far side, away from the residential areas.
M.
A minimum setback of 100 feet must be provided between the fueling
station and any residential structures.
N.
Where a fueling station is part of a site design where there is a
convenience store, the convenience store shall provide for primary
frontage orientation onto the abutting street to allow for pedestrian
access with fuel pumps at the side or rear of the lot.
O.
Electrical generators shall be required to operate fueling pumps
during power outages so that fuel may be dispensed.
[Ord. No. 2019-10, 8/1/2019]
1.
The following are specific requirements for places of worship within
the Township:
A.
A place of worship shall include no more than 4,000 square feet of
interior space used for offices of the organization operating the
place of worship.
B.
A place of worship shall include not more than 8,000 square feet
of interior space used for religious education.
C.
A place of worship shall include not more than 8,000 square feet
of interior space used for the purposes of social gatherings of the
organization operating the place of worship.
D.
A place of worship shall include not more than 4,000 square feet
of interior space used for other and miscellaneous use directly related
to the religious purposes of the organization operating the place
of worship (such miscellaneous uses excluding, however, the sale of
items or any retail use).
E.
Any interior space of the place of worship larger than 33% of the
interior space of the sanctuary or primary gathering place for the
religious worship shall be deemed part of the permitted 4,000 square
feet of such miscellaneous space, if not otherwise allocated to the
aforesaid interior spaces for the primary sanctuary, offices, religious
education, and social gatherings.
F.
All uses, areas, grounds, and buildings associated with the place
of worship, or portions of such, used for its purposes by the entity
owning or operating the place of worship, in excess of the foregoing
interior spaces, such as: rectory, convent, missionary's residence
or other housing for clergy or other persons associated with the religious
activity; classrooms or other areas used for religious instruction
or other educational uses associated with the religious activity;
offices associated with the religious activity; auditoriums, theaters,
or the like; gymnasiums or other sports facilities, sports fields
or courts; social activity rooms; picnic areas; libraries or the like;
garages; rooms, stores, or areas in which items are offered for sale
to the membership or to the general public; or any similar uses associated
with the primary or principal use as a place of worship, shall not
be deemed accessory uses, areas, grounds, buildings, or portions thereof,
but shall be deemed separate and distinct primary or principal uses
associated with the primary or principal use as a place of worship
and shall each be regulated by the provisions of this chapter applicable
to such separate primary or principal use, area, ground, building,
or portion thereof. (For example, classroom areas shall be regulated
as a primary or principal use under the provisions of this chapter
applicable to educational institutions.)
G.
However, notwithstanding anything to the contrary herein, § 27-1701.11.A
(no more than one principal use per lot) of this chapter shall not
be applicable to uses, buildings, or portions thereof deemed covered
by this section.
[Ord. No. 2019-10, 8/1/2019]
1.
Two or more commercial or industrial structures permitted in a particular
zoning district may combine as a coordinated development subject to
the following requirements:
A.
The minimum lot size for any commercial or industrial development
shall be two acres.
2.
All development shall occur as part of a unified site plan with high-quality
architectural schemes that are complimentary. A project design companion
including, but not limited to, a coordinated set of drawings and reference
photographs, shall be prepared and submitted for buildings, street
views, landscaping, architecture design and pedestrian access and
vehicular circulation. The design guidelines shall include, but are
not limited to:
A.
Architectural and landscaping standards.
B.
Sign package.
C.
Exterior building elevations including materials and facade treatments.
D.
Sidewalks, crosswalks, streetscape and buffer areas, all fences and
walls.
E.
Screening of all parking areas.
G.
All other amenities proposed within the development such as outdoor
seating areas, pavilions, gazebos, benches, trash receptacles and
the like.
3.
New development or uses shall respect the existing businesses, structures
and character of the area in and around the development. Any new designs
shall incorporate surrounding styles, uses and development schemes
to create harmonious and cohesive neighborhood or development patterns
utilizing high-value engineering and high-quality materials.
4.
No less than 50% of the ultimate coordinated commercial development
or coordinated industrial development, measured as a percentage of
the gross floor area, shall be constructed upon issuance of building
permits. No certificates of occupancy shall be issued for any use
or structure within the development until at least 75% of the site
is constructed or under substantial construction.
A.
All structures and amenities shall be designed in accordance with
the approved land development plan and the approved project design
companion to the review and written satisfaction of the Township prior
to issuance of building permits.
5.
Structures may Either be Joined by Common Walls, or may be Separated. In either event, the entire coordinated development shall be considered as a single parcel, without regard to ownership. Driveways and parking areas shall be available to all structures through cross easement agreements which assure adequate parking and access in accordance with Part 23 hereof. Applicants may exercise shared parking options as set forth in this chapter with demonstration of compliance submitted and reviewed to the satisfaction of the Township.
6.
All layout and design components of a proposed development shall
provide for generous pedestrian interconnectivity between structures
and site users. These sidewalks or pathways shall be shown on all
development plans and within the project design companion for the
proposed site.
[Ord. No. 2019-10, 8/1/2019]
1.
Purpose. In addition to the general goals in the Zoning Ordinance
sections, it is the purpose of these regulations to:
A.
Conserve undeveloped land for the purpose of protecting open space
in contiguous, unfragmented, commonly managed landscapes to: protect
large, intact wildlife habitat areas and connect patches of wildlife
habitat to support greater biodiversity, maintain ecosystem processes
and allow larger, healthier populations to persist;
B.
Contribute to the creation of a community-wide greenway system for
the benefit of present and future residents;
C.
Protect productive agricultural soils for continued or future agricultural
use by conserving blocks of land large enough to allow for efficient
farm operations;
D.
Conserve existing landscape character by minimizing views of new
development from existing roads, thereby reducing perceived density;
E.
Encourage innovation and promote flexibility, economy and ingenuity
in development;
F.
Provide multiple development options for landowners to reflect their
varying circumstances and the individual characteristics of their
properties;
G.
Provide for a diversity of lot sizes, building densities, and housing
choices to accommodate a variety of age and income groups, and residential
preferences;
H.
Provide homes with direct views of greenway land, organized around
common greens;
I.
Provide for the conservation and maintenance of greenway land and
for active or passive recreational use by residents;
J.
Provide greater efficiency in the siting of services and infrastructure,
including the opportunity to reduce length of roads, utility runs,
and the impervious cover required for residential development;
K.
Provide a wider range of feasible locations for stormwater and wastewater
facilities in order to comply with prevailing state-of-the-art designs
and best management practices;
L.
Protect water quality and reduce erosion and sedimentation by retaining
existing vegetation and minimizing development on steep slopes;
M.
Implement natural resource conservation policies set forth in the
Township's Greenway Plan;
N.
Implement land use, open space, and community policies set forth
in the Township Greenway and Recreation, Parks and Open Space Plans.
2.
Total Dwelling Units. The total number of dwelling units permitted
on a development site equals the sum of the following, each of which
shall be itemized separately in a table on the plans. All overall
site design shall comply with Township subdivision and land development
Ordinance prior to any further lotting design as prescribed below:
A.
Maximum number of dwelling units permitted in Section 104.E. where the calculated number of units shall be determined via provisions of the Township subdivision and land development (SALDO), Chapter 22A via Table 104.D.
B.
For the avoidance of doubt, upon completion and design by utilizing
Table 104.E and observing all other requirements of this section and
SALDO including necessities for environmental features and the like;
actual densities shall be as follows for each zoning district under
by-right provisions for open space neighborhoods:
C.
Any additional units permitted as the result of the discretionary
density bonus.
3.
Density and Land Use. Provisions of this section shall be permissible
for use on proposed developments not less than 20 acres in size.
A.
Number of Units Permitted.
(1)
By right option, the maximum number of dwelling units shall
be determined by a layout with conventional lotting using the dimensional
standards in Table 104.E. The number of units permitted in the conservation
subdivision shall equal the number of units on the yield plan, provided
it meets the requirements of this section and all sections of the
subdivision and land development Ordinance applicable to conventional
lotting. 40% of the site must be set aside in greenway land in the
Rural Zone and 35% required in all other zones except the Urban Zone,
which shall be 30%.
|
Table 104.E Non-Open Space Development Ordinance Requirements
| ||||
|---|---|---|---|---|
|
Standard
|
R
|
SR
|
S
|
U
|
|
Minimum lot area
|
2 acres
|
18,000 square feet
|
12,000 square feet
|
6,000 square feet
|
|
Minimum lot width
|
150 feet
|
100 feet
|
80 feet
|
60 feet
|
|
Front yard
|
35 feet
|
30 feet
|
25 feet
|
25 feet
|
|
Rear yard
|
35 feet
|
30 feet
|
25 feet
|
25 feet
|
|
Side yard
|
35 feet
|
15 feet
|
25 feet
|
10 feet
|
|
Open Space Development Options
| ||||
|
Minimum lot area
|
1 acre
|
10,000 square feet
|
7,500 square feet*
|
5,000 square feet
|
|
Minimum lot width
|
100 feet
|
50 feet
|
50 feet
|
50 feet
|
|
Front yard
|
35 feet
|
30 feet
|
20 feet
|
20 feet
|
|
Rear yard
|
35 feet
|
30 feet
|
25 feet
|
20 feet
|
|
Side yard
|
30 feet
|
15 feet
|
10 feet
|
10 feet
|
|
Open space percentage
|
40%
|
35%
|
35%
|
30%
|
|
NOTES:
| |
|
*
|
Up to 20% of the units with 5,000 square feet minimum lot size
may be semidetached single-family residential.
|
(2)
Wetlands, slopes greater than 25% and land under high-tension
electrical transmission lines (69 kV or greater) and any other existing
easements or encumbrances shall not be counted toward minimum lot
area.
B.
Yield plans may be utilized in lieu of compliance with Township subdivision
and land development Ordinance Section and with tables in Section
104.E, and shall meet the following requirements:
(1)
Yield plans shall be prepared as conceptual layout plans in
accordance with the standards of the subdivision and land development
Ordinance, containing proposed lots, streets, rights-of-way, and other
pertinent features. Yield plans shall be drawn to scale. The layout
shall be realistic, reflecting a development pattern that could reasonably
be expected to be implemented, taking into account the presence of
wetlands, floodplains, steep slopes, riparian buffers, existing easements
or encumbrances and, if unsewered, the ability of the site to utilize
on-lot soils-based sewage disposal methods.
(2)
The yield plan shall identify the site's natural resources,
including slopes of 15% and greater and very steep slopes of 25% and
greater, wetlands, floodplains, woodlands plan as required in § 22A-403.5
in the subdivision and land development Ordinance.
(3)
On sites not served by central sewage disposal facilities, density
shall be further determined by evaluating the number of homes that
could be supported by individual soils-based sewage disposal methods.
C.
Design Standards. Dwelling units shall be designed and constructed
in a manner that conforms to Exhibit A: Lower Macungie Township Design
Guidelines[1] in order to promote excellence in development and preservation
of architectural character and heritage of the Township and Western
Lehigh County. Additional design provisions shall apply as follows:
(1)
The following unit types in a proposed development shall be
permitted in each zoning district:
(a)
R-Rural: single-family detached dwellings.
(b)
SR-Semi-Rural: single-family detached dwellings with up to 30%
single-family detached dwellings.
(c)
S-Suburban: single-family detached dwellings comprising of at
least 50% of all dwelling units, single-family semidetached dwellings
at no more than 50% of all total dwelling units.
(d)
U-Urban: All dwelling unit type permissible, including single-family
detached dwellings, semidetached single-family dwellings, attached
single-family dwellings (townhomes) and multifamily dwelling units
(apartments).
(2)
Dwelling units abutting existing neighborhoods shall conform
to the dwelling types of the adjacent neighborhood/development.
(3)
Habitable front porches at least six feet in depth shall be
required on a minimum of 50% of all single-family homes and semidetached
single-family home dwelling units. Front porches may extend six feet
into the required front yard setback.
(4)
Townhome dwelling structures shall not have any front-loading
garages facing onto a street.
(5)
Front-loading garages on any single-family home or semidetached
single-family home dwelling units shall be recessed at least five
feet from the main entry and the rest of the structure and include
architectural enhancements.
(6)
A variety in design of dwelling unit types/models should be
programmed for execution into any proposal or application.
[1]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
D.
Preservation of Historic Dwellings and Structures. To encourage the
preservation of historic dwellings, such preserved dwellings shall
not count toward the maximum number of dwelling units referenced above,
provided:
(1)
Such dwellings are at least 75 years old;
(2)
The dwelling is preserved in accordance with the Secretary of
the Interior standards; and
(3)
The dwelling is placed in a landscape context that respects
its historical status and appearance, as determined by the Township.
(4)
Other accessory structures such as barns and the like are restored
and preserved, or redeveloped per Township ordinance. These structures
may also be converted into dwelling units that will not count towards
the maximum count. A barn may be lawfully converted into a maximum
of four unit dwelling units under the provisions of this chapter.
4.
Greenway Land: Use and Design Standards.
A.
Uses Permitted on Greenway Land.
(1)
Conservation of open land in its natural state.
(2)
Agricultural and horticultural uses, including raising crops
or livestock, and related accessory buildings. Specifically excluded
are commercial and intensive feedlot operations involving swine, cattle,
poultry, mink, and other animals likely to produce highly offensive
odors.
(a)
Actively used agricultural accessory structures shall be permitted
by conditional use as part of a proposed development utilizing this
section.
(3)
Horse farms, equestrian facilities and pastureland for horses
shall be permitted, but shall not consume more than 50% of the minimum
required greenway land. All aforementioned facilities shall be for
recreational purposes only.
(4)
Forestry in keeping with established best management practices
for selective harvesting and sustained yield forestry as published
by the Pennsylvania Bureau of Forestry.
(5)
Preservation of existing woodlands or land set aside and planted
for reforestation as part of an approved development.
(6)
Publically held village greens, central commons, picnic areas,
community gardens, trails and similar low-impact, passive recreational
uses.
(7)
Publically held active noncommercial recreation areas, such
as playing fields, playgrounds, splash pads and bikeways, not requiring
supporting structures. Such recreational uses shall meet the following
standards:
(a)
Such areas shall not consume more than 50% of the minimum required
greenway land.
(b)
Publically held playing fields and playgrounds shall not be
located within 100 feet of the tract boundary or a dwelling unit within
the development parcel.
(c)
Minimum parking facilities for the same, as determined by the
Township, may also be permitted. Such lots may be paved with gravel
or macadam and shall be unlighted, properly drained and provide safe
ingress and egress.
(d)
Noncommercial recreation areas such as playing fields, or picnic
areas requiring supporting structures, are permitted, but shall not
count toward the minimum required greenway land, unless dedicated
to the municipality. Structures shall be subordinate to the activity.
Parking areas shall be paved with gravel and shall be unlighted, properly
drained and provide safe ingress and egress.
(8)
The following standards shall apply to water supply, sewage
and stormwater systems:
(a)
Water Supply Systems.
1)
Utility easements for water lines may be counted toward the
minimum greenway land requirement.
(b)
Sewage Disposal Systems.
1)
Septic leachfield areas shall be appropriate for active or passive
recreation, if naturalized.
2)
Absorption fields serving individual dwelling units may be located
in the greenway land, but individual treatment tanks shall be located
within the lots they serve.
3)
Drainage easements for sewer lines may be counted toward the
minimum greenway land requirement.
4)
No sand mounds shall be located within greenway land.
(c)
Stormwater Management Systems. 30% of the required greenway
land may be used for stormwater management provided that it meets
the guidelines in the Pennsylvania Stormwater Best Management Practices
Manual, all other sections of this chapter and conforms to options
in the list below:
1)
Naturalized infiltration basin or trench, provided the water
depth does not exceed 24 inches in depth with a slope of 6:1;
2)
Subsurface infiltration bed;
3)
Rain garden;
4)
Vegetated swale;
5)
Infiltration berm, provided the berms do not exceed 24 inches
in height;
6)
Constructed wetlands;
7)
Irrigated farmland/farm fields;
8)
Wet ponds and basins if stocked, designed and managed as active
recreational fishing areas open to the public.
(9)
Paths and walking trail easements shall be 15 feet in width
may be counted toward required open space. These shall be designed
to be eight feet in width with 3.5 foot shoulders on each side.
(a)
The square footage of the fifteen-foot trail easement under
overhead power lines or over pipelines may count towards open space
if designed as depicted above in this section and remaining easement
space is planted with a Township-approved wildflower meadow.
(10)
Specifically prohibited are:
(a)
Motorized off-road vehicles, shooting ranges and other uses
similar in character and impact as determined by the Township. This
provision shall not prohibit vehicles used for maintenance purposes.
(b)
Surface mining and quarrying.
(c)
Any other structure not specifically listed as permitted in
this section.
(d)
Hunting and trapping.
B.
Greenway Land Design Standards.
(1)
Greenway land in all options shall be identified and laid out
according to the Four-Step Design Process prescribed in the Township
subdivision and land development Ordinance, which begins with the
identification of primary and secondary conservation areas.
(2)
Greenway land shall be laid out in accordance with the Township's
Greenway and Open Space Plan, to ensure that, over time, an interconnected
network of greenway land will be created.
(3)
At least 20% of the site shall be available for the common use
of the subdivision residents.
(4)
When the Township determines a benefit to residents of the development
in the form of trails or open space links, the applicant shall provide
such linkages. In establishing the need for such linkages, they may
consider:
(5)
Applicants for new residential development may fulfill the public
land dedication requirements in as noted in Township subdivision and
land development Ordinance, by dedicating an equivalent amount of
greenway land as public recreation land which shall meet the provisions
of this chapter and that is additionally found to be acceptable by
the Township.
C.
D.
Access to greenway land used for agriculture or horticulture may
be restricted or prohibited for public safety and to prevent interference
with agricultural operations.
E.
Greenway land that is not wooded or farmed shall be landscaped in
accordance with the landscaping requirements and greenway land management
plan standards in § 27-2416.5, Greenway Ownership and Maintenance,
and approved by the Township and in conformance with the Lower Macungie
Township Design Guidelines.[2]
[2]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
5.
Greenway Land: Permanent Protection.
|
Whenever the landowner is providing greenway land as part of
the development, a conservation easement restricting such greenway
land in perpetuity against further subdivision or development shall
be executed between the landowner and the municipality or a qualified
land conservancy acceptable to the municipality. Deed restrictions
may also be used in certain applications, in accordance with Subsection
B below.
|
A.
Conservation Easements. Conservation easements held jointly by at
least two entities are required to protect greenway lands from further
subdivision and development and to conserve the natural characteristics
of such lands. Conservation easements shall conform to the following
minimum requirements:
(1)
Easements shall be granted to a land conservancy meeting the
requirements in greenway land section. The grantee shall have the
rights of reasonable entry and enforcement.
(2)
The property made subject to the conservation easement shall
be described by metes and bounds, by an exhibit containing the subdivision
plan and designating the property, and photographs which illustrate
the nature and character of the property and any special environmental
features identified by the Township during the subdivision process.
(3)
Grantors shall declare that the terms of the easement shall
run with the land and bind the property in perpetuity for the benefit
of the grantee.
(4)
The uses of property subject to the conservation easement shall
be limited by the permitted uses defined by this section of the ordinance.
The following use restrictions shall also apply:
(a)
The property shall not be further subdivided into additional
building lots.
(b)
Construction shall be permitted only in areas specifically designated
in the property description and approved by the Township. The determination
of the need for any additional disturbance shall lie with the Township.
(c)
Permitted construction activities, including cutting and removing
of trees and other vegetation shall be permitted only in compliance
with the Management Plan.
(d)
Signs and fencing and shall be restricted consistent with the
permitted uses and management plan.
(e)
The terms and restrictions of the conservation easement shall
be approved by the Board of Commissioners which shall be guided by
the objectives set forth in the Greenway Plan and Recreation, Parks
and Open Space Plan, as well as the management plan for the property.
(f)
Provisions pertaining to remedies, liability, indemnification
and other relevant subjects, shall be approved by the grantor, the
Board of Commissioners and the authorized representative of the grantee
before final approval of the development plan.
(g)
No new or additional easements, encumbrances, reservations or
other instruments may be enacted on greenway land without approval
by the Lower Macungie Township Board of Commissioners.
B.
Deed Restrictions. Deed restrictions may be used in the place of
conservation easements only under the following circumstances and
in accordance with the following standards:
(1)
When greenway land totals less than five acres, a deed restriction
may be used.
(2)
If no entity is available or willing to hold a conservation
easement on required greenway land, a deed restriction may be used.
(3)
The Township shall be party to the deed restriction. The deed
restriction shall be used only if approved by the municipality. If
the municipality does not agree to be party to the restriction, no
deed restriction shall be used.
(4)
Restrictions meeting municipal specifications shall be placed
in the deed for each lot with greenway land. The deed restriction
shall ensure the permanent protection and continuance of the greenway
land and shall define permitted uses.
(5)
It shall be clearly stated in the individual deeds which shall
run with the land in perpetuity that maintenance responsibility for
the greenway land lies with the property owner.
6.
Greenway Land: Ownership And Maintenance.
A.
Ownership Options for Greenway Land. The following methods may be
used, either individually or in combination, to own common facilities
and greenway land. Greenway land shall not be transferred to another
entity except for transfer to another method of ownership permitted
under this section, and then only when there is no decrease in the
total greenway land. Ownership methods shall conform to the following.
B.
Township.
(1)
Fee Simple Dedication. The Township may, but shall not be required
to, accept dedication of any portion of the greenway land.
(2)
Dedication of Easements. The Township may, but shall not be
required to, accept dedication of easements for public use of any
portion of the greenway land. In such cases, the facility remains
in the ownership of the community association, or private conservation
organization, while the municipality holds the easements. In addition,
the following regulations shall apply:
C.
Community Association. Greenway land and common facilities may be
held in common ownership for the use of all residents of the subdivision
or land development and shall thereby be controlled and maintained
by a community association. Community association documents shall
be in compliance with the Pennsylvania Uniform Planned Community Act
(as to a homeowners' association document) or the Pennsylvania Uniform
Condominium Act (as to a condominium association document), as the
case may be. The community association document shall include, but
not be limited to, the following:
(1)
A description of the common greenway land to be owned by the
community association. This description shall include a plan of the
proposal highlighting the precise location of all aspects of the common
greenway land;
(2)
Statements setting forth the powers, duties, and responsibilities
of the community association, including the services to be provided;
(3)
A declaration of covenants, conditions, and restrictions (declaration),
giving perpetual easement to the lands and facilities owned by the
community association. The declaration shall be a legal document providing
for automatic membership for all owners in the subdivision or land
development and shall describe the mechanism by which owners participate
in the community association, including voting, elections, and meetings.
The declaration shall give power to the community association to own
and maintain the common greenway land and to make and enforce rules;
(4)
Statements prescribing the process by which community association
decisions are reached and setting forth the authority to act;
(5)
Statements requiring each owner within the subdivision or land
development to become a member of the community association;
(6)
Statements setting cross covenants or contractual terms binding
each owner to all other owners for mutual benefit and enforcement;
(7)
Requirements for all owners to provide a pro rata share of the
cost of the operations of the community association;
(8)
A process of collection and enforcement to obtain funds from
owners who fail to comply;
(9)
A process for transition of control of the community association
from the developer to the unit owners;
(10)
Statements describing how the common greenway land of the community
association will be insured, including limit of liability;
(11)
Provisions for the dissolution of the community association;
(12)
Agreements for the maintenance of stormwater management facilities;
(13)
Agreements for the maintenance and operation of water supply
and wastewater treatment facilities;
(14)
At least one tree per lot shall be planted in a location that
mark the boundary of private owner yard space and community open space.
D.
Private Conservation Organization or the County. With permission
of the municipality, an owner may transfer either fee simple title
of the greenway land or easements on the greenway land to a private
nonprofit conservation organization or to the county provided that:
(1)
The conservation organization is acceptable to the Township
and is a bona fide conservation organization intended to exist indefinitely;
(2)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization or the County becomes
unwilling or unable to continue carrying out its functions;
(3)
The greenway land is permanently restricted from future development
through a conservation easement and the Township is given the ability
to enforce these restrictions; and
(4)
A maintenance agreement acceptable to the Township is established
between the owner and the organization or the county.
E.
Private Ownership/Conservancy Lots. Up to 80% of the required greenway
land may be located within one or more privately owned conservancy
lots of at least 10 acres provided:
(1)
The greenway land is permanently restricted from future subdivision
and development through a conservation easement, except for those
uses listed in this section.
(2)
Usage of greenway land may include any of those permitted in
this section, including agriculture.
(3)
The easement provides the Township the right, but not the obligation,
to enforce these restrictions.
7.
(Reserved)
8.
(Reserved)
9.
Operation and Maintenance (O&M) Plan.
A.
Unless otherwise agreed to by the Board of Commissioners, the cost
and responsibility of maintaining greenway land shall be borne by
the property owner, community association, or conservation organization.
B.
The applicant shall, at the time of preliminary plan submission,
provide a plan for management of greenway land acceptable to the Township
to be recorded.
C.
The operations and maintenance plan shall be recorded with the developer's
agreements, covenants and any other agreements required by the Township
Solicitor.
10.
Remedy. Failure to adequately maintain the greenway land in reasonable
order and condition in accordance with the development plan constitutes
a violation of this chapter.
A.
In the event that the organization established to maintain the greenway
land, or any successor organization thereto, fails to maintain all
or any portion thereof in reasonable order and condition, the Township
may serve written notice upon the owner of record, setting forth the
manner in which the owner of record has failed to maintain the greenway
land in reasonable order and condition, and may direct the owner to
remedy the same within 20 days.
B.
Upon default by any owner or other entity responsible for maintenance
of greenway land, where such maintenance is necessary to abate a nuisance,
emergency, hazard or other condition threatening persons or property
or the public health, safety or welfare, the municipality may, but
shall not be obligated to, take the following actions:
(1)
Upon 30 days' advance written notice to the owner or entity
responsible for such maintenance (or any lesser number of days as
may be specified in the notice in instances of emergency) and the
failure of such owner or entity to perform the necessary maintenance
and remedy the condition set forth in the notice, the municipality
may enter upon the greenway land to correct the condition. If the
Township is forced to assume responsibility for maintenance, any escrow
funds may be forfeited and any permits may be revoked or suspended.
(2)
Any and all costs incurred by the Township in connection with
such notice and maintenance shall be paid by the owner or responsible
entity within 10 days after written demand by the municipality. Upon
failure of the owner or responsible entity to pay such costs in the
time required, there shall be added thereto interest at the rate of
15% per annum as well as all costs incurred by the municipality in
collection thereof.
11.
All such costs of maintenance, remediation, notices, and collection,
including court costs and attorney's fees, shall constitute a municipal
lien and be enforceable as such against the owner or responsible entity.
Notice of such lien shall be filed by the municipality in the office
of the Prothonotary of the County.
[Added by Ord. No. 2023-03, 4/20/2023]
1.
A mixed-use development located in the HE Zoning District shall only
be permitted pursuant to the standards set forth in § 27-2417(1)(A)
and shall meet the following additional standards: i) 20 or more acres;
ii) two or more mixed-use structures; and iii) the devotion of 100%
of the total first floor area of at least two of its mixed-use structures,
except for those areas set aside and necessary for the private use
of residents of the mixed-use structures, to commercial, dining, or
other permitted nonresidential uses.
A.
A mixed-use development shall be subject to the standards of § 27-2412, Mixed-Use Development in the C-Commercial District, except that the following dimensional criteria shall apply in the HE-Highway Enterprise District:
(1)
The maximum density on the residential portion of the lot shall
be 12 dwelling units per gross acre of the entire mixed-used development.
(3)
The maximum number of units in a residential building shall
be 200 units.
(4)
The maximum length of a residential building shall be 400 feet
and shall include architectural treatment as displayed in the Lower
Macungie Township Design Guidelines.
(5)
No building shall be located closer than 25 feet to any other
building.
(6)
All signs, structures, public areas, streetscapes and landscaping
in any mixed-used development in the HE District shall be in conformity
with the Lower Macungie Design Guidelines.
(7)
A freestanding single-tenant nonresidential building shall be
permitted a building footprint in excess of 20,000 square feet but
no more than 75,000 square feet.
(8)
Any building constructed pursuant to this section shall maintain
integrated pedestrian access to the remainder of the mixed-use development
and shall be constructed in conformity with the Lower Macungie Design
Guidelines.
2.
Notwithstanding any other provision of this chapter, and in addition
to the uses permitted in a mixed-use development by its definition
and the definition of "amusement and outdoor recreation," a mixed-use
development in the HE District may further include the following uses:
A.
Mixed-Use Golf Driving Range. A sports entertainment venue with hours
of operation from 9:00 a.m. to 2:00 a.m. on Friday and Saturday and
9:00 a.m. to 12:00 midnight on Sunday through Thursday consisting
of a technologically advanced golf driving range, full-service restaurant
and bar use(s), amusement devices, outdoor dining, outdoor patio,
outdoor lounge area, and event space and/or an entertainment complex
and containing an outfield with electronic targets.
B.
Performance Theater. An auditorium including a stage which is primarily
designed for public assembly to allow patrons to experience visual
or auditory performances with a maximum seating capacity of 5,000.
C.
Aquarium. An establishment that maintains a collection of wild animals,
typically in a park, garden, or a transparent tank of water for display
to the public. This use shall include a touch tank allowing patrons
to interact with and touch aquatic animals and shall further allow
for a retail store as an accessory use.
D.
Mixed-Use Sports Retail Establishment. A commercial establishment
dedicated primarily to the retail sale of sporting goods and consisting
of indoor multisport interactive experiences including but not limited
to rock-climbing walls, turf fields and tracks, batting cages, golf
hitting bays, and putting greens. This use shall further consist of
customer services including but not limited to yoga and other fitness
classes, athletic training courses, and the sale of freshly prepared
and prepackaged juices and other wellness products.
E.
Any other use permitted in the C-Commercial District which is determined
by the Board of Commissioners to be compatible with a mixed-use development
shall be permitted in a mixed-use development by conditional use approval
of the Board of Commissioners.
3.
Notwithstanding any other provision of this chapter, a mixed-use
golf driving range shall include, along with those uses customary
and incidental, the following accessory uses permitted by right:
4.
Lighting Standards:
A.
Notwithstanding any other provision of this chapter, lighting standards for a mixed-use development in the HE District shall be governed by Chapter 27, Zoning, Part 18, General Performance Standards, § 27-1805, Lighting, except as follows:
(1)
Recreational lighting for a mixed-use golf driving range is
permitted a maximum mounting height of 55 feet.
(2)
Full cutoff fixtures shall not be required for lighting for
a mixed-use golf driving range and instead such lighting must comply
with the remaining standards and specifications of § 27-1805.6M.
(3)
A mixed-use golf driving range may operate outdoor lighting
until two hours after closing for maintenance as follows:
(a)
From 12:00 midnight Sunday through Thursday, a mixed-use golf
driving range shall cease fully illuminated outdoor lighting at 12:00
midnight and outdoor lighting shall be operated at dimmed levels until
no later than 2:00 a.m. for the sole purpose of maintenance.
(b)
From 2:00 a.m. Friday through Saturday, a mixed-use golf driving
range shall cease fully illuminated outdoor lighting at 2:00 a.m.
and outdoor lighting shall be operated at dimmed levels until no later
than 4:00 a.m. for the sole purpose of maintenance.
5.
Sign Standards: In addition to any other signage allowed for such
use under the other provisions of this chapter, a mixed-use development
in the HE District with frontage along I-78 is allowed one freestanding
sign with a maximum display area of 360 square feet and a height of
50 feet if placed along I-78. No more than 50% of the sign area may
be dedicated to digital advertisement.
