[Ord. 147, 8/11/2008, § 1300]
This Part contains certain general and supplementary regulations
and design standards that are common to all zoning districts unless
stated as pertinent to a specific district herein.
[Ord. 147, 8/11/2008, § 1301]
1. No lot shall be so reduced that the area of the lot, or the dimensions
of the required yards, shall be less than herein prescribed. The lot
area shall not include any portion of the land set aside as right-of-way
for a public street.
2. Modification of Front Yards.
A. Where an unimproved lot is situated between two improved lots having
on each a principal building within 25 feet of the side boundary line
of such unimproved lot, which extends into the required front yard
of each such improved lot and has been so maintained prior to the
effective date of this chapter, the front yard depth of such unimproved
lot may be the average depth of the front yards of such two adjacent
improved lots, notwithstanding the yard requirements of the zoning
district in which it is located.
B. Where an unimproved lot adjoins only one improved lot having a principal
building thereon within 25 feet of the common side lot line which
extends into the required front yard of such improved lot and has
been so maintained prior to the effective date of this chapter, the
front yard depth of such unimproved lot may be the average depth of
the front yard of such adjacent improved lot and the front yard required
in the zoning district in which such unimproved lot is located, notwithstanding
the yard requirements of such zoning district.
C. The front yard of a proposed building in a Historic District may
be decreased in depth to the average alignment of existing buildings
within 100 feet on each side of the proposed building provided such
calculation is limited to the same block. Such reduction may occur
when alignment of existing buildings is less than the applicable front
yard requirement.
[Ord. 147, 8/11/2008, § 1302; as amended by Ord.
174, 2/14/2011, § V; by Ord. 196, 8/12/2013, § XIII;
and by Ord. 206, 7/11/2016]
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, chimneys, smoke stacks, ventilators, HVAC, water towers, parapet walls less than six feet in height, elevators, flagpoles or other appurtenances usually located above the roof of a building or structure and not intended for human occupancy (except for wireless communications facilities). The total height of such structures shall be no greater than the smallest horizontal distance between any facade of the structure and the property line closest thereto, or 90 feet whichever dimension is less. When authorized by the Zoning Hearing Board as a variance, an increase in the maximum height limit may be permitted where it is demonstrated that the structure incorporates safety features, which, in the event the structure is toppled, will prevent it from falling beyond the boundaries of the property. Additionally, the granting of such exception is contingent upon adherence to other applicable Township Codes. All wireless communications facilities shall be subject to the height restrictions contained in Part
20 of this chapter.
[Ord. 147, 8/11/2008, § 1303]
No use shall be permitted that is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise or which constitutes a public hazard whether by fire, explosion or otherwise as defined in §
27-1330.
[Ord. 147, 8/11/2008, § 1304]
1. In order to minimize traffic congestion and hazard, control street
access and encourage orderly development of street highway frontage,
the following shall apply:
A. Unless clearly impractical, all lots in a residential subdivision
shall have direct access only to a local access street as defined
herein.
B. Where lots are created having frontage on existing arterial or collector
roadways, as defined herein, any proposed subdivision street pattern
shall provide reverse frontage to local access streets within the
subdivision, and all such lots shall be provided with a minimum rear
yard of 75 feet from the street line of any principal arterial roadway,
minor arterial roadway, major collector roadway, minor collector roadway,
primary distributor roadway or secondary distributor roadway, as defined
herein.
C. All lots radiating from a cul-de-sac shall have a minimum of 50 feet
frontage at the street right-of-way line except where otherwise approved
as a condition of approval for single-family attached dwellings.
D. Private driveways shall be permitted only in accordance with the provisions of Chapter
21, "Streets and Sidewalks," Part
1, "Driveways," of the East Coventry Township Code of Ordinances.
E. All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or around buildings, other than those relating to a dwelling, shall be adequately illuminated according to the provisions of §
22-427 of the Township Subdivision and Land Development Ordinance [Chapter
22].
F. No loading or service area shall be located within front yard setback
areas in any of the Commercial or Industrial Districts, except that,
where this restriction is clearly impractical, the Board of Supervisors
may authorize loading or service areas therein as a conditional use.
G. In the case of a shopping center, industrial park, professional office
park or similar groupings of buildings constructed as part of an integrated
plan, and in any other use where practicable, there shall not be more
than two access ways to any public street or highway for each 400
feet of frontage except where more specifically regulated by other
provisions herein. All parking, loading or service areas, used by
motor vehicles shall be located entirely within the lot line of the
property. All access ways to a public street or highway shall be located
not less than 200 feet, measured center line to center line, from
the intersection of any street lines. All access ways shall be designed
to conform to PennDOT specifications with regard to state roads and
the subdivision requirements of the Township for local roads.
H. The developer shall be responsible for the design, construction and
installation, and the cost thereof, for any necessary traffic control
devices and/or highway modifications required by the Township and/or
PennDOT.
I. Interior drives shall be designed to prevent blockage of vehicles
entering or leaving the site. Drives may be one-way or two-way. Areas
designed for loading and unloading, refuse collection, fuel delivery,
and other service vehicles shall be arranged as to prevent blocking
or interfering with access ways, the use of automobile parking facilities
or pedestrian ways, and shall have adequate turnaround surface so
egress to the street is in a forward direction.
J. A multi-unit or single-family attached residential, institutional,
religious, commercial, or industrial building shall not be located
more than 150 feet from an open, improved and accessible fire lane
easement as defined herein and no more than 600 feet from a duly dedicated,
accessible and improved approved public or private street.
K. Fire lane easements shall have a minimum unobstructed right-of-way
width of 40 feet and a fire lane shall be constructed within this
right-of-way consisting of an all-weather surfaced cartway with a
minimum width of 20 feet as approved by the Chief of the appropriate
Fire Company and the Board of Supervisors. The extension of fire lane
easements shall have a minimum unobstructed right-of-way width of
40 feet, and a fire lane shall be constructed within this right-of-way
consisting of an all-weather surfaced cartway with a minimum width
of 20 feet, and shall begin from one or more existing and improved
public streets.
L. Fire easements that curve, turn or change direction shall have a
minimum center-line radius of 60 feet. Fire lane easements containing
reverse curves shall have a minimum center-line tangent length of
50 feet between curves.
M. Dead-end fire lane easements shall be terminated with an unobstructed
vehicular turnaround or cul-de-sac with a minimum right-of-way radius
of 60 feet and shall have a minimum surfaced radius of 35 feet. Dead-end
fire lane easements shall have a maximum length of 500 feet. The location
of fire lane easements shall be coordinated with the extension of
streets, sanitary sewers, water mains, storm sewers, and other drainage
facilities and public utilities as contained in this chapter and other
applicable Township Codes and shall provide adequate access to buildings
by firemen or other emergency services.
[Ord. 147, 8/11/2008, § 1305; as amended by Ord.
152, 12/8/2008, § 1; by Ord. 184, 10/10/2011, § VI;
and by Ord. 205, 12/14/2015, § XXXII]
1. No building or structure shall hereafter be constructed, enlarged
or altered and no use or activity shall be conducted or expanded unless
provision is made for off-street parking facilities, either within
a structure or in the open, and with proper and safe access from a
street, to adequately serve the uses within the district according
to the provisions of this section.
A. Location.
(1)
All required parking shall be on the same lot as the principal
buildings except when permitted by the Board of Supervisors, subject
to the following conditions:
(a)
The owners of two or more establishments shall submit with their
application for special exception, a site plan showing joint use,
agreement and location of a common off-street parking area.
(b)
Some portion of the common off-street parking area shall lie
within 200 feet of an entrance, regularly used by patrons, into the
buildings served thereby.
(c)
Limited on-street parallel parking may be allowed if the applicant
can demonstrate to the satisfaction of the Board of Supervisors that
such parking is justified and will not cause any vehicular safety
issues. Such on-street parking shall be in addition to the minimum
off-street parking requirements of the zoning district.
(2)
Areas devoted to parking may occupy no more than 50% of any
required front, side or rear yard, except in the case of single-family
attached dwellings and two-family attached dwellings such areas devoted
to parking may occupy no more than 76% of any required front yard.
Where it can be demonstrated that the application of such standards
are clearly impractical, the Board of Supervisors, upon recommendation
of the Planning Commission, may authorize parking areas in excess
of such standards.
(3)
No parking lot for off-street parking or for the storage or
movement of motor vehicles shall directly abut a public street and
shall be separated from the street line by a minimum of five feet.
B. Size.
(1)
Parking spaces shall have an approved all-weather surface, shall
have convenient access in all seasons and shall meet the following
dimensional standards:
|
|
Angle of Parking Row to Parking Aisle
|
---|
|
|
30°
|
45°
|
60°
|
90°
|
---|
|
Depth of Parking Row
|
18'
|
20'
|
21'
|
19'
|
|
Width of Parking Space
|
9'
|
9'
|
9'
|
9'
|
|
Width of Aisle
|
11' (1 way)
|
13' (1 way)
|
18' (1 way)
|
25' (1 or 2 way)
|
|
Parallel parking spaces shall be a paved minimum of 23 feet
in length and nine feet in width.
|
(2)
The Board of Supervisors may approve the use of continuous curbs
as wheel stops in which case the length of the parking space may be
two feet less than otherwise required, provided that the parking lot
layout allows for a vehicle to overhang the continuous curb by two
feet. The overhang area shall be clear of all obstructions and shall
not be regarded as any required landscape area or pedestrian circulation
space.
C. Access and Interior Drives.
(1)
Interior drives shall be clearly marked and maintained by adequate
painting, marking, curbing and signs so that operators of vehicles
intending to patronize such parking areas shall not impede traffic
as a result of any confusion as to location of entrances and exits
and manner of reaching them.
(2)
All parking lots shall be so divided by permanent raised perimeter
curbing and/or planting strips that access lanes are clearly defined
and that moving traffic will be confined to designated access lanes.
(3)
Where possible driveways shall be so constructed as to permit
vehicles to turn around on the lot so as to eliminate the necessity
of backing either on or off the lot.
D. Design and Maintenance.
(1)
General On-Site Circulation.
(a)
There shall be an adequate, safe and convenient arrangement
of pedestrian circulation facilities, roadways, driveways, off-street
parking and loading space. Pedestrian circulation between buildings
shall be designed to prevent the unnecessary exposure of pedestrians
to vehicular traffic.
(b)
Roads, pedestrian walks, bicycle facilities and open space shall
be designed as integral components of the overall site design and
shall be properly related to existing and proposed buildings and appropriately
landscaped.
(c)
Pedestrian walks, appropriate also for wheelchairs, shall be
provided along the paths of the most intense use, particularly from
building entrances to parking areas and adjacent buildings. Such walks
shall have a minimum width of five feet, shall be landscaped and paved
and shall be paved and graded to meet ADA standards.
(d)
The materials used in the design of paving, lighting fixtures,
retaining walls, fences, curbs and benches shall be of good appearance,
easily maintained and appropriate to their function.
(e)
Ramps, providing access from parking areas to buildings, shall
be provided for persons with disabilities in accordance with the Americans
with Disabilities Act.
(f)
Parking areas shall be designed so that a vehicle within the
parking area will not have to enter a street to gain access to another
part of the parking area.
(g)
Access ways, parking areas and loading areas shall have clearly
defined parking bays and traffic circulation lanes designated by markings,
curbs, barriers and/or landscaped islands. To assist in traffic channelization,
raised islands shall be placed at the ends of parking bays so that
the end of the bay adjacent to a driving aisle or ring road is clearly
delineated. Such islands shall be designed and landscaped so as not
to impair visibility needed for traffic flow and turning movements.
(h)
The design of access and traffic control and of interior circulation shall, in all other respects, comply with the requirements of §
27-1305.
(2)
General On-Site Parking Design. Parking areas shall have a dust-free,
all-weather surface that shall be paved unless otherwise approved
by the Board of Supervisors. Where recommended by the Township Engineer
and approved by the Board of Supervisors, specially designed brick
or block should be considered to increase on-site water retention
for plant material and groundwater supplies and to reduce problems
associated with runoff.
(a)
Parking areas shall have a minimum slope of 1% in any direction
to provide for drainage and a maximum slope of 5% for convenience
and stormwater management.
(b)
All parking bays shall be marked by durable painted lines at
a minimum of four inches in width and extending the entire length
of the parking space or by curbs or other means to clearly indicate
individual spaces. Signs or markers located on the surface of the
parking lot shall be used as necessary to assure efficient and safe
traffic operation.
(c)
Lighting shall be provided to illuminate any off-street parking spaces to be used at night. Lighting facilities shall comply, in all applicable respects, with the standards and requirements of §
22-427 of the Subdivision and Land Development Ordinance [Chapter
22].
(d)
Parking area landscaping and screening shall be provided in accordance with the provisions of §
22-428 of the Subdivision and Land Development Ordinance [Chapter
22].
(e)
Any person operating or owning a parking lot shall keep it free
of dust and loose particles and shall promptly remove snow and ice
from the surface. Such person shall also keep all adjacent sidewalks
free from dirt, ice, sleet and snow and shall keep sidewalks in a
safe condition for use by pedestrians. All signs, markers or any other
method use to indicate the direction of traffic movement and the location
of parking spaces shall be maintained in a neat and legible condition.
Any walls or landscaping as well as surfacing and curbing of the parking
lot shall be maintained in good condition throughout their use. In
the event that a parking area is improperly maintained, The Board
of Supervisors shall have the authority to prohibit the use of the
area for parking purposes unless and until the proper maintenance,
repair or rehabilitation has been completed.
(4)
Handicapped Parking. Handicapped parking spaces shall be provided
pursuant to the requirements set forth in the Americans with Disabilities
Act, as amended.
E. Minimum Off-Street Parking Space Requirement. The following shall
be the minimum number of off-street parking spaces required for each
land use, activity, building or structure permitted by this chapter.
When the determination of the number of off-street parking spaces
results in the requirement of a fractional space, any fraction shall
count as one space. Parking spaces required on an employee basis shall
be based upon the projected maximum number of employees on duty or
residing, or both, on the premises at any one time and include any
overlap of employees due to a shift change:
[Amended by Ord. 209, 12/12/2016; and by Ord. No. 2019-231, 3/11/2019]
Use
|
Parking Spaces Per 1,000 square feet Gross Floor Area
|
Other Standards
|
---|
Residential Uses
|
|
|
Single-Family Detached or Semi-Detached, Mobile Homes
|
—
|
2.0 per DU
|
Single-Family Attached, Multi-Unit
|
—
|
2.0 per DU, plus 0.75 per DU visitor spaces
|
|
|
All visitor parking spots are off-lot
|
Adult Community
|
|
|
|
Single-Family Detached, Single-Family Attached
|
—
|
2.0 per DU
|
|
Two-Family and Multi-Unit
|
|
1.5 per DU
|
|
Visitor
|
|
15% of total DU requirement
|
|
Nonresidential Uses
|
|
As required by this Table
|
Home Occupation
|
—
|
2 in addition to DU requirement, plus 1 per employee, 6 maximum
total parking spaces
|
Industrial Uses
|
|
|
Warehouse, Storage Establishment, Wholesaling, Manufacturing
|
0.5
|
Plus 5.0 spaces
|
Mini-warehouse/Self Storage
|
—
|
3.5 per 1,000 square feet of office
|
Research and Development, Laboratories
|
3.0
|
—
|
Electric Utility Facility
|
—
|
1.0 per employee, greatest shift plus 10% for visitors
|
Surface Land Use Affiliated with Transmission Pipeline
|
—
|
If not automated, 1.0 per employee, largest shift, plus additional
spaces to accommodate shift changes and adequate storage for other
vehicles used on site as determined appropriate by the Township
|
Heavy Construction Contractor
|
—
|
1.0 per employee or independent contractor, during the largest
work shift, plus additional spaces to accommodate shift changes and
adequate storage for other vehicles used on site as determined appropriate
by the Township.
|
Office Uses
|
|
|
General
|
3.0
|
1.0 per employee
|
Government
|
3.5
|
1.0 per employee
|
Medical
|
4.0
|
1.0 per employee
|
Bank/Financial
|
4.0
|
Plus 6.0 stacking per drive-in lane
|
Commercial Retail Uses
|
|
|
General
|
4.0
|
—
|
Shopping Center
|
4.5
|
—
|
Furniture, Carpet
|
1.0
|
Plus 5.0 spaces
|
Roadside Stand
|
—
|
1.0 per 250 square feet of sales/display
|
Hardware, Home Improvement
|
4.0
|
—
|
Building Materials
|
2.0
|
Plus 5.0 spaces
|
Automobile, Truck, Boat, Mobile Dwelling Unit, Trailer, Outdoor
Equipment, Motorcycle Sales
|
—
|
5.0 space minimum plus 1.0 per 1,000 square feet of floor and
ground area of sales, service, display, and/or storage
|
Laundromat
|
20.0
|
—
|
Convenience Store
|
5.0
|
Gas sales calculated separately
|
Supermarket
|
4.0
|
—
|
Commercial Service Uses
|
|
|
Personal Service Businesses
|
4.0
|
—
|
Funeral Homes
|
8.0
|
—
|
Fitness Center/Health Club
|
10.0
|
—
|
Restaurant
|
9.0
|
Plus parking for 1/4 of outdoor seating area, plus 1.0 per employee,
greatest shift
|
Restaurant, fast food/take-out
|
15.0
|
Plus 6.0 stacking spaces per drive through lane
|
Veterinary Services, pet grooming
|
3.5
|
—
|
Kennel
|
0.5
|
Plus 5.0 space minimum
|
Drive-In Facility
|
—
|
6.0 per drive-in lane
|
Specialty Contractor
|
—
|
1.0 per employee or independent contractor, during the largest
work shift, plus additional spaces to accommodate shift changes and
adequate storage for other vehicles used on site as determined appropriate
by the Township.
|
All Other
|
4.0
|
—
|
Commercial Auto Service
|
|
|
General, including vehicle repair
|
1.5
|
Or 4.0 per bay, whichever greater
|
Carwash (single car, automatic bay)
|
2.0
|
Plus 6.0 stacking spaces per bay and 2.0 drying spaces per bay
|
Carwash (multiple car, automatic bay)
|
4.0
|
Plus 12.0 stacking spaces per bay and 2.0 drying spaces per
bay
|
Carwash (self wash bay)
|
—
|
3.0 per bay
|
Gas Station
|
—
|
1.0 per pump plus 6.0 stacking spaces per island
|
Commercial Lodging
|
|
|
Hotel, Motel
|
—
|
1.0 per guest room and 1.0 per employee of greatest shift, plus
required spaces for any other facility
|
Bed and Breakfast
|
—
|
1.0 per guest room, plus 2.0 per dwelling unit
|
Campground
|
—
|
1.0 per camp space plus 1.0 per employee per shift
|
Institutional Uses
|
|
|
Place of Public Assembly, Church
|
—
|
1.0 per 3 seats or 10.0 per 1,000 square feet of assembly area,
whichever greater
|
Club, Association (no food service)
|
6.0
|
—
|
Club, Association (with food service)
|
10.0
|
—
|
Fire Station
|
—
|
4.0 per vehicle bay plus 10.0 per 1,000 square feet public assembly
area
|
Library, Museum
|
3.5
|
Plus 7.5 per 1,000 square feet public assembly area
|
Assisted Living Facility, Nursing Home
|
—
|
1 per 2 beds
|
Day Care, Kindergarten, Preschool and Elder Day Care
|
4
|
Plus 1 per teacher/care giver, plus bus stacking lane(s) as
required by the Board of Supervisors
|
School, Elementary or Junior High
|
—
|
2.0 per classroom plus 7.5 per 1,000 square feet public assembly
|
School, Senior High, Trade, Vocational, College, University
|
—
|
10.0 per classroom, plus 7.5 per 1,000 square feet public assembly
|
Group Homes, Institutional, Monasteries, Convents
|
—
|
0.75 per bedroom
|
Rooming and Boarding Houses
|
—
|
1.25 per guest room
|
Police Station
|
4.0
|
—
|
Post Office
|
5.0
|
—
|
Hospital, Sanitarium
|
—
|
1.0 per 3 beds, plus 1.0 per employee greatest shift
|
Outdoor Recreation and Amusement
|
|
|
Camps, day or youth
|
—
|
0.66 per 1,000 square feet of area
|
Golf Course
|
—
|
3.0 per hole
|
Golf Driving Range, Rifle Range
|
—
|
1.0 per station
|
Park, Playground
|
—
|
0.2 per 1,000 square feet of area
|
Equestrian Facilities
|
—
|
1.0 per 4 stalls, plus 0.5 per 1,000 square feet of riding area
|
Swimming Pool
|
—
|
1.0 per 200 square feet of pool surface, plus 1 per employee,
greatest shift
|
Tennis Courts
|
—
|
3.0 per court
|
Athletic Fields
|
—
|
15.0 per field plus 1.0 per 4 permanent seats
|
All Other Active Uses
|
—
|
0.75 per 1,000 square feet of area
|
All Other Passive Uses
|
—
|
5.0 minimum plus 1.0 per acre (under 50 ac.) or 1.0 per 3 acres
(over 50 ac.)
|
Indoor Recreation and Amusement
|
|
|
Swimming Pool
|
—
|
1.0 per 200 square feet of pool surface, plus 1 per employee,
greatest shift
|
Indoor Court Games
|
—
|
3 per court
|
Community Center, Auditorium, Stadium, Gymnasium
|
—
|
1.0 per 4 permanent seats or 10.0 per 1,000 square feet of public
assembly, whichever greater
|
All Other
|
—
|
1.0 per 4 permanent seats or 10.0 per 1,000 square feet of public
assembly, whichever greater
|
Outdoor Commercial Recreation and Amusement
|
|
|
General
|
—
|
5.0 minimum plus 0.66 per 1,000 square feet of area
|
Outdoor Court Games
|
—
|
3.0 per court plus 1.0 per 4 permanent seats
|
Miniature Golf Course
|
—
|
2.0 per hole plus 1 per employee of greatest shift
|
Outdoor Arenas
|
—
|
1.0 per 3 permanent seats
|
Country Club, Golf Club
|
—
|
4.0 per hole, plus ancillary use requirements
|
Indoor Commercial Recreation and Amusement
|
|
|
General
|
6.0
|
—
|
Amusement Park
|
—
|
Determined by Township
|
Bowling Lanes, Pool Room
|
—
|
4.0 per lane, 2.0 per pool table
|
Skating Rink
|
—
|
1.0 per 1,000 square feet of skating surface
|
Theater, Assembly Room
|
—
|
1.0 per 4 permanent seats or 10.0 per 1,000 square feet public
assembly area
|
Other Uses. The Board of Supervisors shall determine
with which of the preceding categories of parking regulation any unlisted
use shall comply or may designate a standard for a use that does not
conform to the preceding categories.
|
F. Shared Parking. Up to 50% of the parking spaces required for a theater
or other place of primarily evening entertainment, for a church, for
multi-unit dwellings or for a school may be provided and use jointly
by banks, offices, certain retail stores, repair shops, service establishments
and similar uses which are not normally open, used or operated during
evening hours (beyond normal business hours of 8:00 a.m. to 5:00 p.m.)
if specifically approved by the Board of Supervisors; provided, however,
that written agreement assuring the retention for such purpose shall
be properly drawn and executed by the parties concerned and approved
as to form and execution by the Township Solicitor. Such an agreement
shall be filed and made part of the application for a building permit.
Approval of such shared parking may be rescinded by the Board of Supervisors
and additional parking obtained by the owners in the event that the
Board of Supervisors determines that the joint use of parking facilities
is resulting in a public nuisance or otherwise adversely affecting
the public health, safety or welfare.
G. Parking Reserve Area. The number of parking spaces to be constructed
may be up to 25% less than the number required herein only when the
following conditions are met to the satisfaction of the Board of Supervisors:
(1)
Evidence is submitted firmly documenting that the special nature of the proposed occupancy or use of the building requires less parking area or spaces than required by Subsection
E.
(2)
The land development plan submitted by the applicant indicates
that the location and layout of that portion of the required parking
or loading area deemed unnecessary at the time of the application
can and will be constructed on the site, according to the requirements
of this section, during the first six years following full development
of the lot. If, at the end of the sixth year following the full development
of the approved plan, the parking reserve area or any part thereof
has not been developed as an additional parking area, the applicant
or the then present landowner may petition the Board of Supervisors
for permission to develop or otherwise utilize the parking reserve
area in accordance with the provisions of this chapter, if the Board
of Supervisors determines that this parking or loading is not necessary
to the interest of the public health, safety or welfare.
(3)
In no event shall that authorized portion of the required parking
area that is not to be constructed, but reserved for possible future
use, be counted as open space or other non-paved area required by
other provisions of this chapter.
(4)
The parking reserve area shall be designed so that any required
minimum area of vegetative cover would be maintained in the event
that the parking reserve area is subsequently developed.
(5)
The parking reserve area shall be landscaped according to an approved plan under the provisions of §
22-428 of the Township Subdivision and Land Development Ordinance [Chapter
22].
(6)
The parking reserve area shall have no building, whether temporary
or permanent, erected on it at any time.
H. Shopping Center Parking.
(1)
Except as specified in Subsection 1H(2), below, a minimum of
4 1/2 parking spaces shall be provided for each 1,000 square
feet of gross floor area, or fraction thereof, within the proposed
shopping center. In addition, a parking reserve area, consistent with
the terms of Subsection 1G shall be designed and shown on the plan,
so that, if developed, it would yield a ratio of five parking spaces
for each 1,000 square feet of gross floor area. If, at the end of
the sixth year following full development of the shopping center,
the parking reserve area or any part thereof has not been developed
as an additional parking area, the applicant or the then present landowner
may petition the Board of Supervisors for permission to develop or
otherwise utilize the parking reserve area in accordance with the
provisions of this chapter.
(2)
Office Use in a Shopping Center. A minimum of three parking
spaces shall be provided for each 1,000 square feet of gross floor
area or fraction thereof devoted to office use. An initial reduction
of up to 25% of this required parking area may be permitted by the
Board of Supervisors, provided that sufficient land is reserved and
properly identified as such to meet the requirements of this section,
should the Board of Supervisors subsequently deem it necessary in
the interest of the public health, safety or welfare.
I. Special Exception or Conditional Use. For any use permitted by special exception or conditional use, it shall be the burden of the applicant to present evidence of the parking needs of the proposed use. The Zoning Hearing Board, in granting a special exception, or the Board of Supervisors in granting conditional use approval, may attach specific parking requirements that vary from the requirements of this Part where the Board of Supervisors makes a decision using the conditional use criteria set forth in §
27-1403 or the Zoning Hearing Board uses the special exception criteria set forth in §
27-1509.
[Ord. 147, 8/11/2008, § 1306]
1. Adequate space shall be provided to accommodate the loading and unloading
of trucks, tractors and trailers servicing any commercial, industrial
or large-scale residential or institutional use. Loading berth space
that is utilized for the location of trash collection or compaction
facilities shall be provided for and shall be in addition to the loading
space requirements of this section.
A. Area of Loading Berths or Spaces. A required off-street loading berth
or space shall be a minimum of 14 feet in width and 65 feet in length,
exclusive of aisle and maneuver area and shall have a vertical clearance
of a minimum of 16 feet.
B. Access to Loading Area. Each required off-street loading berth or
space shall be afforded appropriate means of vehicular access to a
street, highway or alley in a manner that shall least interfere with
traffic movement.
C. Loading Area Surfacing. All open off-street loading areas shall be
constructed with a compacted select gravel base and surfaced with
an all-weather dustless material, suitably designed for the intended
use to a standard approved by the Township Engineer.
D. Loading Area Screening. All loading berths or spaces and truck circulation
areas that abut a residential district or residential use shall be
set back a minimum of 40 feet therefrom, unless completely screened
by walls, solid fence, landscaping or a combination thereof, not less
than six feet in height. In no case shall loading berths or spaces
and circulation areas be closer than 15 feet to a residential district
or use.
E. Number of Loading Berths or Spaces. Buildings or uses with commercial,
industrial or storage uses that exceed 6,000 square feet of gross
area shall be provided with a minimum of one off-street loading berth
or space.
F. Location of Loading Berths or Spaces and Loading Circulation Areas.
All required loading areas including loading spaces and loading circulation
areas shall be located on the same lot as the use to be served and
no portion of vehicles to be loaded or unloaded shall project into
any traffic lane. Loading, unloading and their circulation areas shall
not be located between the building setback line and the street line.
G. Repair and Service. No motor vehicle service work of any kind, nor
motor vehicle repair work of any kind, except emergency work, shall
be permitted within any required loading area.
H. Space Allowed. Space allowed to any off-street loading berth shall
not, while so allocated, be used to satisfy the space requirements
of any off-street parking facilities or portions thereof. Required
off-street parking spaces shall not be used for loading and unloading
purposes except during hours when business operations are suspended.
I. Special Exception or Conditional Use. For any use permitted by special exception or conditional use, it shall be the burden of the applicant to present evidence of the loading needs of the proposed use. The Zoning Hearing Board, in granting a special exception, or the Board of Supervisors in granting conditional use approval, may attach specific loading requirements that vary from the requirements of this Part where the Board of Supervisors makes a decision using the conditional use criteria set forth in §
27-1403 or the Zoning Hearing Board uses the special exception criteria set forth in §
27-1509.
[Ord. 147, 8/11/2008, § 1307]
The Board of Supervisors shall require a traffic impact study, consistent with acceptable standards, as proposed by the applicant and approved by the Board of Supervisors, for any proposed residential development in the Township which contains 10 or more proposed dwelling units, and may require a traffic impact study for any proposed nonresidential development. The traffic impact study shall conform to the requirements of §
22-306, Subsection 3D, of the Subdivision and Land Development Ordinance [Chapter
22].
[Ord. 147, 8/11/2008, § 1308]
1. Landscape screens or buffer plantings are required under the following
circumstances:
A. Where any nonresidential use, excluding agricultural uses and uses
accessory to single-family residential uses, abuts any residential
use, or abuts any land in any residential zoning district.
B. Where any mobile home park abuts any other residential use, or any
land in any residential zoning district.
C. Where any multi-unit use abuts any other residential use or any land
in any residential zoning district.
D. Where required by the Zoning Hearing Board or where stipulated as
a condition of conditional use approval by Board of Supervisors.
E. Where otherwise required by this chapter or §
22-428 of the Township Subdivision and Land Development Ordinance [Chapter
22].
2. Required screens shall consist of opaque fences or walls, vegetative plantings, landscaped berms or any combination thereof, providing a year round visual screen, but in no case shall a screen interfere with motorists' visibility. Design of screens and selection of plant materials to be used shall be in accordance with the provisions of §
27-1310, herein, and §
22-428 of the Township Subdivision and Land Development Ordinance [Chapter
22] and shall be subject to review and approval by the Board of Supervisors.
[Ord. 147, 8/11/2008, § 1309]
1. All required landscaping and screening shall be installed and maintained in accordance with a landscape plan as required by §
22-428 of the Subdivision and Land Development Ordinance [Chapter
22]. The landscape plan shall depict all proposed plantings required to compliment, screen or accentuate building, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and other site features and/or structures. Plant sizes, spacing and types shall be in accordance with §
22-428 of the Subdivision and Land Development Ordinance [Chapter
22].
2. All required landscape plans shall be submitted at the time when
all other required applications and/or plans are submitted (i.e.,
preliminary land development plan submission, conditional use approval
application, etc.). Plans shall be based on and reflect the following
objectives:
A. A design that is responsive to the functional and aesthetic characteristics
of the tract or lot, and existing and proposed principle and accessory
buildings and other structures.
B. A design that respects/incorporates existing topography, landscape,
and other natural features such as hedgerows and woodlands.
C. A design that demonstrates an effective proposal for screening the
proposed use or activity from the adjoining properties.
D. A design that creates visual interest for the users and/or residents
of the proposed project, and enhances views.
E. A design that promotes effective management of stormwater to minimize
soil erosion and sedimentation and creates opportunities for infiltration
to the groundwater system.
F. The use of plant material which is: acclimated to local conditions;
located and spaced to achieve required screening, compatible groupings
and other effective purposes; and not injurious of persons or pedestrians
and vehicular circulation.
|
Plans accompanying conditional use applications may be conceptual
in nature but shall demonstrate the ability to achieve the above objectives.
|
3. Applicability. Except for individual lots existing at the time of
adoption of this section and occupied or intended to be occupied by
single-family detached dwellings, the requirements of this section
shall apply to the following situations:
A. Screening. Any activities for which a landscape buffer or screening
is required by this chapter, or would be imposed by the Zoning Hearing
Board as a special exception or by the Board of Supervisors for a
conditional use approval.
B. Perimeter Buffer.
(1)
Except as provided in Subsection 3B(2), below, the entire perimeter
of any tract undergoing development shall be provided with a minimum
twenty-foot wide planting strip which will act as a landscape screen
separating uses. The planting strip may be included in private yard
space or common open space or a combination thereof, and shall be
designed and installed in compliance with the requirements of this
section.
(2)
The Board of Supervisors may reduce the perimeter buffer requirement
where any tract abuts similar uses such that the Board of Supervisors
determines that screening is not necessary or where the applicant
can demonstrate to the satisfaction of the Board of Supervisors that
existing vegetation, structural and/or topographic conditions will
conceal, on a year-round basis, development from view from adjacent
tracts.
(3)
Any part or portion of a lot or tract which is not occupied
by buildings nor used for loading and parking spaces and aisles, sidewalks
and designated storage areas shall be left in its natural state or
shall be landscaped according to an overall landscape plan, prepared
and approved as part of the development plan. A replacement program
for non-surviving plants shall be included.
(4)
All mechanical equipment not enclosed in a structure shall be
fully and completely screened from view from any point in a manner
compatible with the architectural and landscaping style of the remainder
of the lot. Such screening shall be subject to site plan and architectural
review by the Township.
(5)
Water towers, storage tanks, processing equipment, fans, HVAC,
skylights, cooling towers, vents and any other structures or equipment
which rise above the crest of the roof line shall be architecturally
compatible or effectively shielded from view from any dedicated street
by an architecturally sound method, such as a parapet wall not to
exceed six feet in height, which shall be approved, in writing, by
the Township before construction or erection of said structures or
equipment.
(6)
Landscaping shall be required within any parking area subject to the provisions of §
22-428 of the Subdivision and Land Development Ordinance [Chapter
22].
4. Minimum Planting Standards. All required landscaping shall meet the minimum planting standards, criteria for selection of plant material, and design standards of §
22-428, Subsection
6, of the Subdivision and Land Development Ordinance [Chapter
22].
5. Landscape Design Standards.
A. All required landscaping shall meet the minimum landscape design standards of §
22-428, Subsection
8, of the Subdivision and Land Development Ordinance [Chapter
22], unless waived by the Board of Supervisors.
B. Street Trees. All required street trees shall meet the minimum shade tree and screen planting design standards of §
22-420 of the Subdivision and Land Development Ordinance [Chapter
22], unless waived by the Board of Supervisors.
C. Berms.
(1)
Landscaped berms shall be provided to screen from public view
outdoor storage areas, parking areas, including truck and heavy equipment
parking areas, storage and loading areas, trash dumpsters, and other
permitted activities conducted outside of commercial, institutional
and industrial buildings. Landscaped berms shall also be required
for nonresidential subdivisions or land developments that adjoin any
residential zoning district or existing residential use.
(2)
Where required to screen outdoor activities, berms shall be
low-profile and appropriately landscaped to a landscape screen a minimum
of six feet in height (not including plantings) measured from the
crown of the adjoining public street.
(3)
Where required to screen nonresidential uses from residential
uses, landscaping shall be provided on both sides of the berms and
shall be subject to the review and approval of the Township.
(4)
Side slopes shall not exceed a three to one (3:1) ratio and
berms shall be designed to blend adjoining topographic and landscape
conditions.
[Ord. 147, 8/11/2008, § 1310]
The minimum habitable floor area of all dwellings shall be 600
square feet.
[Ord. 147, 8/11/2008, § 1311]
1. An existing conforming nonresidential use of a building or other
structure may be converted to another use permitted in the zoning
district in which the building or other structure is located provided
that if the building or other structure is located in a residential
zoning district (including, but not limited to, the FR District),
such conversion shall not cause a mixture of residential and nonresidential
uses within the building or structure. All other standards and requirements
of this chapter shall be applicable.
2. A single-family detached dwelling, existing prior to the effective
date of this chapter may be converted into and used as a two-family
dwelling or multi-unit dwelling when authorized as a special exception;
and, provided that:
A. The plans for the conversion of single-family detached dwellings,
where two or more families are to be housed above the ground floor,
shall be submitted to the Zoning Hearing Board accompanied by a certificate
of approval by the Pennsylvania Department of Labor and Industry or
such other governmental entity having jurisdiction of the subject
matter of the conversion.
B. Such plans shall provide adequate and suitable off-street parking
or storage space, at a safe distance from any street, for a minimum
of two vehicles per family, each parking space providing direct access
to street without requiring the movement of one vehicle to afford
access by the other vehicle.
C. Such dwelling shall be subject to the area, bulk and dimensional
requirements of the zoning district within which the dwelling is located,
except that there shall be a lot area not less than the product of
the minimum lot area required in the zoning district times the number
of families to be housed in the converted dwelling.
D. There shall be no external alterations of the dwelling except as
may be necessary for reasons of safety and fire escapes. Outside stairways,
where practicable, shall be located to the rear of the dwelling.
E. Each new dwelling unit shall have separate water supply and sanitary
sewage disposal facilities, which may be provided by a new connection
to existing systems provided that such existing systems are adequate
and approved to serve the existing dwelling plus the new dwelling
units.
[Ord. 147, 8/11/2008, § 1312]
All swimming pools, whether above or below ground, shall be
enclosed with a wall of a building or a fence or wall not less than
four feet in height and all gates, permitting access to swimming pools,
shall be equipped with a key-operated locking device and shall be
closed and locked at all times when the pool is not in use. Where
a swimming pool is four or more feet in height above ground, such
fence or wall shall not be required if all approaches to the steps
leading to such raised pool are thoroughly barricaded in an approved
manner by a fence or gate which gate shall be equipped with a key-operated
locking device and shall be locked at all times when the pool is not
in use.
[Ord. 147, 8/11/2008, § 1313; as amended by Ord.
152, 12/8/2008, § I; by Ord. 153, 2/9/2009, § I;
by Ord. 205, 12/14/2015, §§ XXXIII, XXXIV; by Ord. 216, 9/11/2017;
by Ord. 229, 12/10/2018; and by Ord. No. 2021-250, 10/11/2021]
1. Purpose. The intent of this section is to provide standards for the
regulation of signs as accessory uses within the various zoning districts
of East Coventry Township, to protect the public health, safety, and
general welfare, and to prohibit the erection of signs in such numbers,
sizes, designs, or locations as may create a hazard to pedestrians
and motorists.
2. General Regulations.
A. Any
sign hereafter erected in East Coventry Township which is exposed
to public view shall conform with the provisions of this chapter and
any other applicable statute, ordinance, rule or regulation of East
Coventry Township or the county, state or federal government. In the
event of conflicting requirements, the most restrictive requirement
shall prevail.
B. No
sign, other than an exempt sign, shall be erected without first obtaining
a sign permit from the Zoning Officer. Permit applications for signs
larger than two square feet in area shall be accompanied by a plan,
drawn to scale, showing details of the sign, its size and location
on the building and/or lot. Permits for window signs and changeable-copy
signs shall be valid so long as there is no change in the area, location
or type of such signs previously authorized by permit. Fees for sign
permits shall be paid in accordance with a fee schedule adopted from
time to time by resolution of the Board of Supervisors. All applications
for sign permits shall be accompanied by the property owner's written
consent if the property owner is not the owner of the sign.
C. Before any permit will be issued for any sign erected on or projecting
over property used by the public, a certificate of insurance evidencing
general liability coverage or an indemnity bond shall be posted with
the Township by the sign owner and shall be continuously maintained
while the sign is erected on or projects over the property. The amount
of the insurance or bond shall be established from time to time by
resolution of the Board of Supervisors and shall identify the Township
as additional insured. The form of the certificate or bond shall be
satisfactory to the Township Solicitor.
D. Any sign deemed by the Zoning Officer to be illegal or without a permit shall be removed within three days of written notification from the Zoning Officer. Any reoccurrence of a similar infraction on the premises shall be punishable under Part
18 of this chapter.
E. All signs shall be kept in a proper state of repair, in accordance with the requirements of the Township's Building Code [Chapter
5, Part
1, §
5-101], Property Maintenance Code [Chapter
5, Part
1, §
5-103], and any other pertinent regulations, and will be subject to annual inspection. Signs that fall into a state of disrepair, pose a threat to public safety, or are illegal shall be removed by the Township not less than three days following notice to remove sent by certified mail to the owner of record. The Township shall have the right to recover from said owner the full costs of the removal and disposal of such signs.
F. No sign other than an official traffic or similar government sign
shall be erected within or project over the right-of-way or easement
of any public street or sidewalk, except as approved by the Zoning
Officer upon determining a modification of this standard would not
pose a threat to public safety.
G. No sign shall be erected that is of such character, form, shape or
color that it imitates or resembles an official traffic sign, signal
or device, or has characteristics likely to confuse or distract the
operator of a motor vehicle.
H. No sign shall be erected at the intersection of any streets within
the triangular area formed by the center lines of the intersecting
streets at a distance along such center lines of 75 feet from the
point of intersection and the diagonal line connecting the endpoints
of said lines. No sign shall be so erected that it impedes the vision
of motorists or pedestrians or otherwise endangers their safety.
I. No sign shall be illuminated except by internal illumination or by
concealed indirect lighting. Any sign illumination shall be so shielded
that the source of light shall not be visible from any point off the
lot on which the sign being illuminated is erected, and so that only
the sign is illuminated thereby.
J. No sign shall be erected on any property containing information which
states or implies that such property may be used for any purpose not
allowed under the provisions of the zoning district in which the property
to which the sign relates is located.
K. All distances provided for in this section shall be measured along
straight lines between signs and from the near edge to the near edge
of the sign or sign structure.
L. Sign height shall be measured as the distance from the highest portion
of the sign to the mean finished grade of the ground where the sign
is located.
M. No sign shall be placed on any tree, light, or pole, or upon rocks
or other natural features, except that "no hunting," "no trespassing"
and "private property" signs shall be allowed, provided such signs
do not exceed 1 1/2 square feet in area, are not located more
than six feet above finished grade, and are placed at intervals not
less than 30 feet; and provided, further, that no sign shall be placed
on any public utility pole.
N. The total area of all window signs, unless further restricted in
the applicable zoning district, shall not exceed 25% of the glass
area of the window in which placed.
O. No roof signs shall be allowed, and no sign shall project above
the main roofline of the building to which the sign is affixed.
P. Time and temperature signs shall be allowed in any zoning district
in which commercial or industrial uses are allowed, provided they
do not encompass more than 20% of the allowable area for the type
of sign on which they are placed.
Q. No animated, flashing, or intermittent lighting of any kind shall
be allowed on any sign in any zoning district, except for official
traffic signs and pedestrian control signs located in the public right-of-way.
3. Freestanding Signs. Freestanding signs, except for directional signs
and identification signs, shall comply with the following:
A. Freestanding signs shall be allowed only in the front yard. In no
case shall a freestanding sign be placed within a street right-of-way.
B. For the purpose of computing the sign area of a freestanding double-faced
sign, only one side shall be considered, provided that both faces
are identical. For V-type, double-faced signs, the interior angle
of which exceeds 45°, both faces shall be considered in the computation
of the sign area.
C. A freestanding sign and a projecting sign shall not be utilized together
to identify the same establishment on the same street frontage; provided,
however, that a freestanding directory sign for a shopping center,
an office or industrial park or other complex of nonresidential establishments
may be used in conjunction with projecting identification signs for
individual uses; and provided, further, that such projecting signs
do not exceed four square feet in area.
4. Wall Signs.
A. Wall signs shall not extend more than 18 inches beyond the plane
of the wall to which they are attached.
B. Wall signs shall be allowed only on building sides containing entrances
available to the public.
C. Wall signs shall be allowed only for ground-floor establishments
with street-level frontage of at least 20 feet or, in the case of
an establishment located on an upper floor, occupying at least 80%
of the floor area of the building story occupied by such establishment.
D. The area of all wall signs shall be determined by the signable facade
area of the portion of the building to which it is attached.
E. Not more than one wall sign shall be allowed for each nonresidential
establishment with less than 100 linear feet of frontage on the building
side to which it is attached. One additional wall sign shall be allowed
for each additional 100 linear feet of frontage on the building side
to which it is attached, up to a maximum of three such wall signs.
However, where multiple signs are used on a single building side,
the area of the primary identification sign shall be not less than
three times larger than the area of the secondary signs, and the total
area of all signs on a single building side shall not exceed the total
area of wall signs allowed herein.
5. Projecting Signs. Projecting signs, when allowed, shall comply with
the following:
A. No sign shall project more than four feet from the face of the building.
B. No part of the sign shall be less than eight feet nor more than 12
feet above finished grade or walkway level.
C. Not more than one projecting sign per business establishment per
street frontage shall be allowed.
D. No projecting sign shall be allowed within 25 feet of another projecting
sign.
6. Changeable-Copy Signs. Changeable-copy signs shall be allowed subject
to the following:
A. The changeable-copy sign shall inform the public of events, sales,
or other time-related notices of community interest.
B. Changeable-copy signs shall not exceed 24 square feet in area and
six feet in height.
C. Changeable-copy signs may be freestanding signs or canopy signs.
D. No more than one changeable-copy sign shall be allowed per use.
E. Changeable-copy signs shall be located a minimum of 50 feet from
any dwelling.
7. Electronic Variable-Message Signs. Electronic variable-message signs shall be allowed in all zoning districts on properties used for nonresidential purposes when approved by the Board of Supervisors as a conditional use in accordance with Zoning Ordinance §
27-1403. Unless modified by the Board of Supervisors, the following requirements shall apply:
A. An electronic variable-message sign shall not exceed 24 square feet
in area or six feet in height.
B. An electronic variable-message sign shall be located a minimum of
50 feet from any dwelling.
C. Electronic variable-message signs shall comply with all applicable
standards and requirements set forth by the Pennsylvania Department
of Transportation.
D. The message displayed on the sign shall be static and nonanimated
and shall remain fixed for a minimum of 10 seconds (the fixed display
period).
E. The electronic variable-message sign shall not display any message
that moves, appears to move, scrolls, flashes, oscillates or changes
in intensity during the fixed display period. No sign shall emit any
audio announcement or noise of any kind.
F. The face of the electronic variable-message sign shall have only
one advertising message per fixed display period.
G. The transition time between changes in the sign face or message shall
be instantaneous.
H. The electronic variable-message sign shall be equipped with a fully
operational light sensor that automatically adjusts light levels according
to the amount of ambient light. Brightness levels shall be automatically
adjusted to be 0.3 footcandle above ambient light levels as measured
at five feet above finished grade from a distance of 50 feet. The
sign applicant shall submit an as-built plan to the Zoning Officer
that satisfies these brightness requirements as a condition to the
issuance of a permit. The Zoning Officer shall have the right to confirm
the brightness levels of the sign comply with Township requirements
using a calibrated device selected by the Township.
I. No electronic variable message shall have lighting that would compete
with or distract from traffic signal lighting.
J. Electronic variable-message signs may be illuminated from 6:00 a.m.
until 11:00 p.m. or 1/2 hour past the close of business of the facility
being identified, whichever is later.
K. No more than one electronic variable-message sign shall be allowed
per use.
L. The electronic variable-message sign shall be designed to either
freeze the display in one static position, display a black screen,
or turn off in the event of a malfunction and shall remain in that
state until the malfunction is corrected.
M. An electronic variable-message sign shall comply with all applicable provisions of §
27-1314.6.
8. Canopy Signs.
A. No more than one canopy sign shall be allowed per canopy face, and
no more than two such signs per canopy shall be allowed.
B. No part of the canopy sign shall be less than eight feet or more
than 12 feet above finished grade or walkway level.
C. A canopy sign may not encroach into the applicable zoning district's
minimum required yard area.
D. The area of a canopy sign shall not exceed 20% of the area of the
canopy face or 50 square feet, whichever is less. No canopy sign shall
be wider than the building wall it identifies.
9. Awning Signs.
A. Awning signs shall only be located on the vertical hang of the awning,
which generally should be parallel with the building frontage. In
the case of a curved awning, the sign shall be located on the lower
half of the awning.
B. The area of an awning sign shall not exceed 20% of the entire portion
of the building covered by the awning in its extended position and
in no case shall it be larger than the area otherwise allowed for
wall signs.
C. No part of the awning shall be less than eight feet or more than
12 feet above finished grade or walkway level.
10. Identification and Directory Signs. Identification and directory
signs located within a residential, commercial, or industrial site
or complex shall be allowed subject to the following:
A. Identification and directory signs shall be so located on the site
or within the complex as to allow motorists to leave the flow of traffic
and safely read the signs. Identification signs may be placed at the
main entrance to a building.
B. No more than one identification or directory sign per driveway entrance,
street intersection or main entrance to a building shall be allowed.
C. Identification and directory signs in a residential zoning district
shall not exceed three square feet in sign area and six feet in height.
D. Identification and directory signs in a commercial or industrial
zoning district shall not exceed 24 square feet in sign area and 12
feet in height.
11. Billboards. Billboards shall be allowed on properties used for nonresidential purposes in the LI Limited Industrial Zoning District when approved by the Board of Supervisors as a conditional use in accordance with Zoning Ordinance §
27-1403, provided that such signs do not exceed 72 square feet in sign area and 15 feet in height. No part of the billboard shall be less than seven feet above finished grade.
12. Prohibited Signs. The following signs are prohibited:
A. Animated, mobile, bench, sidewalk or A-frame signs; animated signs;
signs that emit smoke, vapor or noise; and vehicle signs other than
business logos, identification or advertising on vehicles primarily
and actively used for business purposes and/or personal transportation.
B. Signs that flash, move, rotate, or oscillate.
C. Pennants, streamers, inflated, tubular, whirling, or similar objects,
lighting devices or searchlights displayed to attract the attention
of pedestrians and motorists, except as specifically allowed elsewhere
in this chapter.
D. Any sign that obstructs a fire escape, window, door or other opening
used as a means of ingress or egress.
E. Off-premises signs, other than allowed billboards, directional signs
and wayfinding signs.
F. Signs that interfere with sight distances or are located within the
clear sight triangle at any location.
G. Signs that use or contain obscene language, shapes or images.
13. Exempted Signs. The following signs are exempt from the need to secure
a sign permit:
A. Signage relating to celebrating a recognized national, state, local,
religious or cultural holiday, provided the signage:
(1)
Is displayed on a temporary basis;
(2)
Does not create a traffic or fire hazard;
(3)
Does not advertise a commercial establishment, organization,
product, good or service; and
(4)
Is removed within 14 days of the conclusion of the event to
which the sign relates.
C. Historic or memorial signs, markers and plaques when approved by
the Board of Supervisors upon recommendation from the Historical Commission
and when not more than six square feet in sign area and six feet in
height.
D. A change in the copy of a changeable-copy sign after a permit for
that sign has been issued.
E. Temporary Signs on Residential Property.
(1)
Temporary signs on a residential property, provided they:
(a) Are not permanently affixed to the ground or structure;
and
(b) Are not more than four square feet in area and
not more than six feet in height.
(2)
A temporary sign exempt from obtaining a sign permit shall be
removed within the earlier of:
(a) Fourteen days of the conclusion of the event to
which the sign relates; or
(3)
No temporary sign shall be allowed within any street legal right-of-way.
F. Street
number designations, names on mailboxes or residences, "private property,"
"no hunting," "no trespassing," and "no parking" signs, security signs,
seasonal signs or flags, on-site directional and parking signs, and
warning signs are allowed in all zoning districts but are not considered
in calculating sign area. No such signs or flags shall exceed 1 1/2
square feet in area.
G. Emergency
warning signs erected by a public utility, pipeline company or contractor
performing work authorized by such utility or company. Such signs
may be illuminated.
H. Flags
of the United States, a state, county, municipality, foreign nation,
and any other flags of a noncommercial nature, provided that each
such flag shall not exceed 40 square feet in area and shall be flown
from a pole that does not exceed 35 feet in height. Flags shall be
regulated based upon their physical characteristics and pole height
and shall be governed by the applicable regulations of the zoning
district in which such flags are located. Flags may be illuminated.
I. Freestanding
signs on a residential property in a residential zoning district,
provided only one sign (including any allowed by permit) is or will
be located on the property, and the size of the sign does not exceed
four square feet in area and four feet in height. The foregoing restrictions
shall not apply to flags flown from poles pursuant to § 27-1314.13H
above. Freestanding signs shall not be allowed within any street right-of-way.
14. Temporary Signs. Temporary signs may be freestanding signs, wall
signs, or banners. Temporary signs of a commercial nature shall be
allowed on nonresidential private property upon the issuance of a
permit by the Zoning Officer and shall be constructed of materials
approved by the Zoning Officer. Temporary signs of a commercial nature
shall be allowed for no more than two events and not more than 30
cumulative days in any one calendar year and shall be removed within
14 days of the conclusion of the event to which the sign relates.
The temporary signs, when added to any allowed permanent signage,
shall not exceed the total sign area allowed on the premises for permanent
signs. For the purposes of this subsection, the total sign area of
banners shall not exceed that allowed for wall signs.
15. Signs in Residential Districts. In all residential zoning districts,
signs are allowed for the following purposes only, and only under
the following conditions:
A. General Provisions.
(1)
No freestanding sign shall exceed eight square feet in area
and six feet in height, except as provided below:
(a) An identification sign and/or electronic variable-message
sign for a nonresidential establishment whose services are considered
essential to public health, safety, and welfare (such as, but not
limited to, a municipal building, school, place of worship or firehouse)
shall not exceed 50 square feet in area or a height of nine feet six
inches.
(2)
No wall sign shall exceed three square feet in area and six feet in height, except as otherwise provided in this §
27-1314.
(3)
No projecting sign shall be permitted in any residential zoning
district.
(4)
Only the following signs may be illuminated and then only in
such a manner that the source of light shall not be visible from the
street or from the boundary line of an adjacent property:
(a) An identification sign for an establishment whose
services in an emergency are considered essential to public health,
safety, and welfare.
(b) An identification sign for a multiunit housing
development or nonresidential use that provides services to the public,
provided that said sign is illuminated only between the hours of sunset
and 12:00 midnight, prevailing time.
B. Signs for Residential Uses.
(1)
A sign identifying a home occupation or use accessory to a dwelling,
provided such sign, whether erected as a wall sign or freestanding
sign, does not exceed three square feet in total area. No more than
one such sign shall be allowed on each street frontage of such property.
(2)
An identification sign for a residential subdivision containing
five or more dwelling units, provided not more than one such sign
is allowed per each street frontage where the development has proposed
a new street accessing an existing street. Only freestanding signs
are allowed, and they shall not exceed 24 square feet.
(3)
An identification sign for a multiunit housing development or
a continuing-care facility, provided that such sign, whether erected
as a wall sign or freestanding sign, does not exceed a total area
along any one street equal to one square foot for every 10 linear
feet of street frontage, or 24 square feet, whichever is less.
C. Signs for Nonresidential Uses.
(1)
Signs identifying a school, college, hospital, municipal building,
cemetery, club, or other allowed nonresidential use, provided that
such signs, whether erected as wall signs or freestanding signs, do
not exceed a total area along any one street equal to one square foot
for every 10 linear feet of street frontage or 24 square feet, whichever
is less.
(2)
An institution (such as, but not limited to, a hospital, school or college) that erects only one freestanding sign pursuant to § 27-1314.15C(1) may also install one building wall-mounted sign identifying the institution that satisfies the criteria described in §
27-1314.4 and does not exceed 50 square feet.
D. Directional Signs.
(1)
On-premises directional signs are allowed in all residential
zoning districts.
(2)
Off-premises directional signs may be erected, upon approval
by the Zoning Officer and the consent of the owner of the property
on which the sign is placed, only in conjunction with police or fire
stations, places of public worship, hospitals, or municipal buildings.
No more than two off-premises directional signs shall be allowed and
shall be located at or near the two closest street intersections.
(3)
Directional signs shall contain no advertising.
(4)
No directional sign may exceed two square feet in area and six
feet in height.
16. Signs in Commercial Districts. In all commercial zoning districts,
signs are allowed for the following purposes only, and only under
the following conditions:
A. General Provisions.
(1)
No freestanding sign shall exceed 24 square feet in sign area
and 12 feet in height.
(2)
No freestanding directory or identification sign may be erected
within the required side yard area.
B. Identification and Directory Signs.
(1)
Freestanding Signs.
(a) One freestanding identification or directory sign
shall be allowed for each lot that has at least 300 linear feet of
frontage on a public street and provides direct vehicular access to
the lot from the street.
(2)
Wall Signs.
(a) The total area of all wall signs placed on or facing
any one street frontage on any lot shall not exceed 20% of the signable
facade area of the ground floor of the portion of the building which
it occupies or 24 square feet, whichever is less.
(b) Each commercial establishment with a direct entrance
to the outside shall be entitled to a wall sign, provided it does
not exceed the above area requirement.
(c) Multiple uses without direct outside entrance may
be identified by means of a common directory sign, not to exceed 24
square feet.
(3)
Projecting Signs. The total area of all projecting signs used
to identify a single commercial use or establishment shall not exceed
four square feet.
(6)
Changeable-copy signs, subject to compliance with §
27-1314.6.
C. Signs for an allowed residential use shall be subject to the provisions
of § 27-1314.15B.
D. Directional Signs. Directional signs shall contain no advertising.
No off-premises directional signs shall be allowed. No directional
sign shall exceed four square feet in area and six feet in height.
17. Signs in the Limited Industrial District. In the Limited Industrial
Zoning District, signs are allowed for the following purposes only,
and only under the following conditions:
A. General Provisions.
(1)
No freestanding sign (other than a billboard) shall exceed 24
square feet in sign area and 12 feet in height.
(2)
No freestanding directory or identification sign may be erected
within the required side yard area.
B. Commercial Identification Signs.
(1)
Freestanding Signs.
(a) One freestanding identification or directory sign
shall be allowed for each lot that has at least 300 linear feet of
frontage on a public street and provides direct vehicular access to
the lot from the street.
(b) In the case of a complex of three or more commercial
buildings constructed, operated, and identified as a unified project,
one freestanding identification or directory sign shall be allowed
for the total complex that has at least 300 linear feet of frontage
on a public street and provides direct vehicular access to the complex
from the street.
(2)
Wall Signs. Wall signs shall be allowed identifying the building
or building occupants, provided that no more than one such sign shall
be placed upon any building facade. The total area of any such sign
shall not exceed 20% of the signable facade area or 24 square feet,
whichever is less.
(3)
Projecting Signs. The total area of all projecting signs used
to identify a single commercial use or establishment shall not exceed
four square feet.
(4)
Changeable-copy signs, subject to compliance with §
27-1314.6.
C. Directional Signs. Directional signs shall contain no advertising.
No off-premises directional signs shall be allowed. No directional
sign shall exceed four square feet in area and six feet in height.
18. Signs in Any Zoning District. Notwithstanding any provision of this §
27-1314 to the contrary, the following types of signs shall be allowed in any zoning district:
A. Wayfinding signs, in accordance with and subject to the following
requirements:
(1)
The wayfinding signage shall be designed and installed pursuant
to a wayfinding signage program approved by the Board of Supervisors.
(2)
A sign permit, upon application to the Zoning Officer, shall
be required for, and prior to the erection of, each wayfinding sign.
(3)
No sign permit shall be issued until the applicant submits the
following:
(a) A complete application signed by the applicant;
and
(b) Where the applicant is not the owner of the property
on which the sign is to be erected, the consent of the property owner
to the proposed erection and location of the sign.
(4)
The application shall be reviewed and approved by the Board
of Supervisors upon recommendation of the Zoning Officer as to the
number, area, location, height, construction, materials, and dimensions
of the wayfinding signage. In undertaking such review and issuing
his recommendations, the Zoning Officer must determine that the proposed
location will not interfere with traffic or block visibility within
the clear sight triangle for streets, sidewalks, and driveways.
(5)
The applicant requesting a permit to install wayfinding signage
shall be exempt from payment of a permit fee.
19. Nonconforming Signs.
A. All signs lawfully erected prior to the enactment of this chapter or subsequent amendments, which are not in conformity with the provisions thereof, shall be deemed nonconforming signs governed by Part
19 of this chapter.
B. Any of the following shall invalidate a sign permit or require a
nonconforming sign to conform to the provisions of this chapter:
(1)
The removal of an existing sign from the premises.
(2)
An alteration in the structure of a sign support and/or a change
in the mechanical facilities.
(3)
A change in the material of the sign, for example, from wood
to plastic.
20. Abandoned Signs. No person shall allow an abandoned sign to be maintained
on any premises owned or controlled by him. An abandoned sign is any
sign located on or related to the use of a property which becomes
vacant and unoccupied for a period of six months or more; any sign
which was erected for an occupant or business unrelated to the present
occupant or business; or any sign which related to a time, event or
purpose which is past. Any such abandoned sign shall be removed by
the owner or person controlling the property within 30 days of the
date of abandonment. Any sign identifying an abandoned use shall itself
be considered abandoned and shall be removed and the permit voided.
[Ord. 147, 8/11/2008, § 1314; as amended by Ord.
172, 2/14/2011, § VII; and by Ord. 205, 12/14/2015, § XXXV]
1. Home occupations are permitted as an accessory use to a single-family
detached dwelling use, in any residential zoning district, subject
to the following requirements:
A. Home Occupation. An occupation conducted within a room or rooms of
a single-family detached dwelling which is clearly secondary and customarily
incidental to the residential use. Such occupation shall be limited
to attorneys, accountants, architects, engineers, teachers, artists,
artisans and craftsmen, musicians, telephone calling services, caretakers,
day care homes, and in publicly sewered areas only, barbershops and
beauty parlors. A home occupation must meet the following restrictions:
(1)
Such an occupation shall provide its service to one individual
at a given time, except as to a residential day care home.
(2)
Such an occupation shall be conducted only within the confines
of the residence with no exterior storage or use permitted, except
as to a residential day care home.
(3)
Such an occupation shall be located only in a single-family
detached dwelling. Only one home occupation shall be permitted per
residence.
(4)
Such an occupation shall be restricted to hours of operation
commencing at 7:00 a.m. and concluding at 9:00 p.m.
(5)
Such an occupation shall be conducted by one owner, or resident
lessee, of the dwelling and only two nonresident employees.
(6)
Retail sales of goods not produced on the premises provided
that such sales shall be limited to not more than 20 square feet of
shelf space and the sale of such goods are related to the primary
home occupation.
(7)
The available floor space within the dwelling to be used for
the home occupation shall be limited to 25% of the existing floor
space, or 500 square feet, whichever is less.
(8)
No more than four off-street parking spaces shall be provided.
(9)
An approved home occupation once commenced is prohibited from
being changed to any other permitted home occupation without a new
zoning permit.
(10)
Such occupation shall not create any adverse traffic parking,
noise or aesthetics impact upon the abutting properties or the neighborhood.
(11)
A home occupation shall not require or cause any exterior alteration
to the residence, structure or to the property except for permitted
additional parking and a single permitted sign.
(12)
The use of a dwelling for a home occupation shall adhere to
the legal occupancy regulations for that dwelling as established by
the Fire Marshall.
(13)
Only those products or good produced on the premises shall be
exchanged, transferred or sold to the customer on the premises, but
nothing herein shall be construed to prohibit manufacturers' representatives,
realtors or others from selling items which exist, or are delivered,
elsewhere.
(14)
The term "home occupation" shall neither be construed to include
hospital, clinic, restaurant, automobile repair shop or the manufacture,
handling or storage of explosives, the overnight parking of vehicles
used in transporting garbage, asphalt, tar, gasoline or other fuel
in bulk, nor shall the term include any activity which is or may be
in comparable degree to any of the foregoing noxious or offensive
by reason of odor, dust, smoke, gas, vibration, illumination or noise,
or which is or may be dangerous to the public health, safety or welfare.
(15)
The term "home occupation" shall not include a day care center.
[Ord. 147, 8/11/2008, § 1315]
1. Where required by this chapter a timber harvesting plan, prepared
in accordance with this section, shall be approved by the Township
prior to any harvesting operations.
A. Timber Harvesting Plan.
(1)
The timber harvesting plan shall address all applicable erosion
and sedimentation control and stream crossing regulations as provided
in Chapter 102, Erosion Control Rules and Regulations, issued under
Act of June 22, 1937, P.L. 1987 (Clean Streams Law), and Chapter 105,
Dam and Waterway Management Rules and Regulations, issued under Act
of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachments Act).
(2)
The timber harvesting plan shall address, in specific detail,
the following:
(a)
Design of haul and skid road system and skid trails.
(b)
Water control structures.
(f)
Road and log landing retirement area.
(g)
Location of anticipated operation in relation to Township and
state roads, including ingress and egress.
(h)
Location of property boundaries of the tract on which the harvesting
will take place and the boundaries of the proposed harvest area.
(i)
Description of the harvesting method to be employed.
(j)
Total existing base area.
(3)
The timber harvesting plan shall be available at all times at
the harvesting site.
(4)
The Zoning Officer shall be notified at least five working days
prior to the start of the harvesting and within five prior to the
completion of the harvesting.
B. The following requirements shall govern all timber harvesting operations:
(1)
The boundaries of the area to be harvested shall be clearly
marked by attaching posters to the boundary trees prior to the harvest
to avoid inadvertent harvest off-site.
(2)
Felling or skidding on or across any public road is prohibited
without the express written consent of the Township or the Pennsylvania
Department of Transportation whichever is responsible for the maintenance
of such roads.
(3)
Tops or slash shall not be left within 40 feet of a public road
or adjacent property boundary.
(4)
A harvesting setback of 40 feet shall be established along any
public road or adjacent property boundary, and harvesting shall be
limited to 1/3 of the basal area of the harvest in a ten-year period.
(5)
Litter and debris resulting from a timber harvesting operation
shall be completely removed from the site before vacated by the operator.
(6)
All haul roads, skid roads, skid trails and log landings shall
be retired properly including seeding of herbaceous species as recommended
by the Chester County Conservation District or the Pennsylvania Department
of Conservation and Natural Resources, Bureau of Forestry.
[Ord. 147, 8/11/2008, § 1316; as amended by Ord.
152, 12/8/2008, § 1]
1. Applicability. This chapter shall not apply to any existing or proposed
building, or extension thereof, or to any land, used or to be used
by a public utility corporation, if, upon petition of the corporation,
the Public Utility Commission shall, after public hearing, decide
that the present or proposed situation or use of the building or land
in question is reasonably necessary for the convenience or welfare
of the public.
2. Lot Area and Coverage. Minimum lot area and maximum coverage regulations
of this chapter shall not apply to electric substations, pumping stations
and other facilities of a public utility, which are otherwise permitted
in any zoning district, provided, however, that the required yard
setbacks and maximum height regulations for single-family detached
residential uses, agricultural uses and non-residential uses with
no public sewage disposal and/or no public water supply in the R-3
Zoning District shall apply regardless of the zoning district in which
any such electric substation, pumping station or other facility is
actually located.
[Ord. 147, 8/11/2008, § 1317]
On any corner lot, no wall, fence, sign, temporary sign or other
structure shall be erected or altered which obstructs the clear sight
triangle; and, no hedge, tree, shrub or other growth shall be planted
which may then or ultimately obstruct the view. A clear sight triangle
shall be provided at each intersection as measured from points 75
feet distant from the center lines of intersecting streets.
[Ord. 147, 8/11/2008, § 1318; as amended by Ord.
158, 12/14/2009, § I]
1. Accessory uses authorized in this chapter shall include, but not
by way of limitation, the following:
A. Uses Accessory to Agriculture. Greenhouses; roadside stands for sale
of products produced on the premises; barns; keeping, breeding and
management of livestock and poultry; and preparation of products produced
on the premises for use and the disposal thereof by marketing or otherwise;
but no barn, poultry house or similar structure shall be erected nearer
to any lot line than 100 feet.
B. Uses Accessory to Dwellings.
(1)
Shelter for pets, private stable (refer to §
27-1325, herein) and chicken house (having an area of no more than 175 square feet); except that no such stable or chicken house shall be erected other than to the rear of such dwelling and at a distance of not less than 100 feet from the rear and side property lines thereof and from any dwelling thereon. No fowl or animal shall be maintained without a suitable building therefor.
(2)
Private greenhouse not to be located in the required front yard,
but can be located in the side or rear yard, not closer than 10 feet
from any property line.
(3)
A detached garage, which shall not be located in the required
front yard but can be located in the side or rear yard, not closer
than 20 feet from any property line.
[Amended by Ord. No. 2020-247, 11/9/2020]
(4)
Private swimming pool located only in the rear yard of the principal
building not closer than 10 feet to any property line, as measured
from the outside edge of the permanent or semipermanent improvements
surrounding the body of water.
[Amended by Ord. No. 2019-235, 10/14/2019]
(5)
Except as and to the extent permitted under and by §
27-1315 of this Part (providing for home occupations as accessory uses in any residential zoning district), uses authorized in this chapter as accessory to a dwelling shall not be deemed to include a business, hospital, clinic, animal hospital, barber shop, beauty parlor, other personal service shops, tea room, hotel, or any similar use.
(6)
Antenna connected to or servicing radio equipment operated by a resident of the dwelling who is the holder of a valid and current amateur radio license duly issued by the Federal Communications Commission. The antenna shall be subject to and comply with the provisions of §
27-1320 of this Part.
(7)
The renting of rooms, including a kitchen and bathroom, within
the dwelling in which the lessor resides to not more than two persons,
with or without the provision of daily meals for such persons.
(8)
Satellite television antenna subject to and complying with the provisions of §
27-1320 of this Part.
C. Uses Accessory to Public Park. Customary recreational, refreshment,
and service uses and buildings in any public park, reservation, playground
or other recreational area.
D. Sheds, Leans-To, Storage Buildings Accessory to All Residential Dwellings.
Any shed, lean-to or storage building for lawn maintenance or household
storage, and not exceeding 400 square feet in area, and which is clearly
accessory to a residential dwelling unit, shall be located in the
rear yard of the principal structure and at least 10 feet from any
property line. In the case of a corner lot, a shed, lean-to or storage
building shall be located to the rear of the principal structure and
at least 20 feet from any property line.
[Amended by Ord. No. 228, 12/10/2018; and by Ord. No. 2020-247, 11/9/2020]
E. Uses Accessory to Commercial Activities. Any commercial activity
involving the sale of equipment or materials may, while open for business,
have an outdoor display area comprising not more than 25% of the indoor
area, and the outdoor storage of goods for sale shall be permitted;
provided no outdoor display area or outdoor storage area shall extend
beyond the front, side, and rear yard building setback lines applicable
to the lot. Any shed, lean-to or storage building shall be located
in the rear yard of the principal building or structure. This subsection
shall not apply to motor vehicle displays of vehicles for sale.
[Amended by Ord. No. 2020-247, 11/9/2020; and by Ord. No. 2021-251, 11/8/2021]
F. Uses Accessory to Industrial Activities. Security quarters when authorized as a special exception, lunch room facilities for exclusive use of employees, indoor warehousing, and outdoor storage when screened in accordance with the provisions of §
22-428 of the Subdivision and Land Development Ordinance [Chapter
22].
G. Solar Energy and Wind Energy Equipment. Solar energy equipment and wind energy equipment shall be permitted as an accessory structure in all zoning districts, subject to and in accordance with the provisions of §§
27-1335 and
27-1336, respectively, of this Part.
H. Horse Boarding. Full boarding and/or partial boarding of horses shall
be permitted as an accessory use in the FR, R-1 and R-2 Zoning Districts
in compliance with the following:
[Added by Ord. No. 2020-245, 9/14/2020]
(1) There shall be no more than four horses boarded on any property, and the property must contain sufficient acreage in accordance with §
27-1325 of the Zoning Ordinance to accommodate the total number of horses kept by the owner/occupant and/or boarded on behalf of other parties.
(2) Boarded horses shall be provided with humane living conditions, including
all necessary sustenance, drink, access to veterinary care, and clean
and sanitary indoor shelter which shall consist of one stall per horse
or an adequately sized run-in shelter (100 square feet per horse),
to protect the horses against inclement weather, which will preserve
the body heat of the horses and keep them dry.
(3) Horse boarding shall not be construed to include a commercial horseback
riding stable or a commercial horseback riding lesson school.
[Ord. 147, 8/11/2008, § 1319]
1. Any antenna authorized by this chapter, as an accessory use to a
dwelling (including, without limitation, an antenna connected to or
servicing radio equipment operated by a resident of the dwelling who
is the holder of an amateur radio license, or a satellite television
antenna), shall be subject to and comply with the following:
A. The antenna may be (1) attached to a dwelling or a permitted accessory
building to the dwelling, or (2) freestanding but only on the same
lot as the dwelling.
B. Whether the antenna is attached to the dwelling or a permitted accessory
building, or is freestanding.
(1)
No portion of the antenna may be erected within or extend into
the front yard of the dwelling, notwithstanding that the front yard
may be greater than the required minimum front yard for the dwelling.
(2)
The antenna may be erected within or extend into the required
minimum side yard or rear yard for the dwelling; provided, that no
portion of the antenna shall be closer than 10 feet to the nearest
lot line.
C. Notwithstanding other provisions of this chapter to the contrary.
(1)
The total height of the antenna, as determined in Subsection
1C(2), below, shall not exceed the shortest distance between the antenna
and the nearest lot line.
(2)
For purposes of this Subsection 1C, the total height of the
antenna shall be the vertical linear distance measured to the highest
point on the antenna from.
(a)
The lowest point on the antenna, in the case the antenna is
attached to the dwelling or a permitted accessory building.
(b)
The lowest point on the antenna which touches the surface of
the ground, in the case the antenna is freestanding.
D. The antenna shall be of noncombustible and corrosive resistant material.
E. The antenna shall be erected, installed and maintained at all times in accordance with the specifications of its manufacturer, including, but not limited to, base, construction, anchoring and guying requirements, load limitations (including, without limitation, wind, ice and snow load limitations), and lightning protection. The antenna shall also be erected, installed and maintained at all times in accordance with applicable provisions of the Building Code [Chapter
5, Part
1, §
5-101]. In the event of any inconsistency between the manufacturer's specifications and the applicable provisions of the Building Code [Chapter
5, Part
1, §
5-101], the provisions of the Building Code [Chapter
5, Part
1, §
5-101] shall supersede and control.
F. The antenna shall, at all times, be used, operated and maintained in compliance with all applicable regulations of the Federal Communications Commission, the physical performance requirements of §
27-1330 of this chapter (including, but not limited to, §
27-1330, Subsection 1B, concerning radioactivity and electrical disturbances and other law.
G. The antenna shall, at all times, be used, operated and maintained
only for the private lawful reception and/or transmission, as the
case may be, of signals or waves on conventional equipment in or on
the dwelling or a permitted accessory building to the dwelling, or
on the lot on which the dwelling is located. Without limiting the
generality of the foregoing, a satellite television antenna shall
be used only for the lawful reception of satellite-delivered signals
to be viewed privately on television sets in or on the dwelling or
a permitted accessory building to the dwelling, or on the lot on which
the dwelling is located.
H. Not more than one antenna, the erection of which requires the issuance of a building permit under the Building Code [Chapter
5, Part
1, §
5-101], shall be erected, installed or maintained outside on a lot (whether attached to the dwelling or a permitted accessory building to the dwelling, or freestanding); provided, that two antennae, the erection of each of which requires the issuance of such building permit, may be located outside on the same lot if one, and only one, of such antennae is a satellite television antenna that is greater than 24 inches in diameter. There shall be no limitation on the number of satellite antennae that are 24 inches and less.
I. The provisions of this §
27-1320 shall not apply to antennas pertaining to wireless communications facilities, which are governed by the standards and criteria set forth in Part
20 of this chapter.
[Added by Ord. 206, 7/11/2016]
[Ord. 147, 8/11/2008, § 1320]
1. Existing Interior Lots of Record. An existing lot of record for which access to a public road is by a relatively narrow strip of land may be built upon only when authorized by a special exception. In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be considered. All buildings and other structures to be located on such lots shall be not closer than 75 feet from surrounding lot lines, and the strip of ground connecting the lot with the public road shall have a minimum width of 32 feet, and shall be used as an access strip to only the particular lot in question. The Zoning Hearing Board shall consider the suitability of the strip of ground which connects the lot with the public road for use as an access driveway, and shall assure that any such access driveway is hard surfaced and otherwise complies with the requirements of the Township Driveway Ordinance [Chapter
21, Part
1].
2. Creation of Interior Lots. The creation of interior lots is prohibited.
[Ord. 147, 8/11/2008, § 1321]
1. A structure or part of a structure shall not be erected within or
shall not project into any minimum required yard in any district,
except that:
A. An enclosed porch, not more than 14 feet in height, may be erected
to extend into a required front or rear yard a distance of not more
than 10 feet, provided that in no case shall it extend into such front
or rear yard more than 1/2 the existing depth of the yard.
B. A terrace, platform or landing place, not covered by a roof, canopy
or trellis, which does not extend above the level of the first floor
of the building, may be erected to extend into a required yard a distance
of not more than 12 feet, provided that it shall not extend into such
yard more than 40% of the existing depth or width of the yard.
C. A porte-cochere, temporary garage, or car port, may be erected over
a driveway in a required side yard, provided that such structure is:
(1)
Not more than 14 feet in height and 20 feet in length.
(2)
In compliance with all standards of the Zoning District in which
it is located.
(3)
Entirely open on at least three sides, exclusive of the necessary
supporting columns and the customary architectural features.
(4)
Located a minimum distance of 20 feet from the side lot line.
D. A buttress, chimney, cornice, pier, or pilaster of a building may
project not more than 18 inches into a required yard.
E. Open, unenclosed fire escapes, steps, bay windows and balconies may
project not more than three feet into a required yard.
F. Generators and exterior HVAC appliances, including air conditioners,
heat pumps, mini-splits and other HVAC appliances that are 100 cubic
feet in size or less, may project not more than 10 feet into the required
side and/or rear yard, provided that such generator or HVAC appliance
is set back from the property boundary by no less than 10 feet.
[Added by Ord. No. 2021-253, 8/9/2021]
[Ord. 147, 8/11/2008, § 1322]
Any multi-unit structure, commercial structure or permitted industrial structure, and any structure greater than 32 feet in height shall be subject to the requirement for the provision of fire suppression devices in accordance with the Building Code [Chapter
5, Part
1, §
5-101]. Water storage devices may also be required to meet specified fire flow requirements.
[Ord. 147, 8/11/2008, § 1323]
A residential fence or wall, excepting a retaining wall, or
a wall of a building permitted under the terms of this chapter, over
six feet in height, shall not be erected within any of the required
yards, unless that portion of the fence or wall which exceeds six
feet in height has a ratio of open space to solid area of at least
four-to-one. Utilities and governmental fences shall be permitted
up to eight feet in height.
[Ord. 147, 8/11/2008, § 1324; as amended by Ord.
205, 12/14/2015, § XXXVI]
1. The keeping, raising or boarding of horses, cattle, llamas, mules and other similar large animals for domestic purposes, including a barn or stable [see §
27-1319, Subsection 1B(1)] for same, shall require a minimum lot area of not less than two acres regardless of the zoning district in which said property is located. The two acre requirement shall be applicable for two such large animals and for each additional large animal kept on the lot, parcel or premises, one additional acre of lot area shall be required. For sheep, goats and other similar-sized animals, a minimum lot area of not less than two acres shall be required for two such animals and for each two additional such animals kept on the lot, one additional acre of lot area shall be required. The above requirements shall be enforced regardless of whether the animals are kept for domestic purposes or for the temporary boarding of animals for other parties.
2. The keeping, raising or boarding of fowl, including without limitation, chickens, ducks, guinea fowl, pheasants and quail, for domestic purposes shall require a minimum lot area of not less than one acre regardless of the zoning district in which said property is located. In no event shall more than 10 such fowl be permitted on each one acre area of land; provided, however, that no more than five turkeys shall be permitted on each one acre area of land. Chickens and other fowl shall not be permitted to run freely on any lot and must be caged or kept in a run at all times. The structure, building, shelter or pen shall be constructed of such material and in such manner that it can be kept clean and sanitary. The enclosure shall satisfy the requirements for accessory structures set forth in §
27-1319, Subsection 1B(1), of this chapter.
[Ord. 147, 8/11/2008, § 1325]
An on-site sewage disposal system, or any part thereof, which
is otherwise permitted by other provisions of this chapter or other
law, shall not be located nearer to the bank of any perennial stream
than 100 feet, or such other distance as may be provided by the floodplain
district regulations of this chapter, whichever distance is greater.
[Ord. 147, 8/11/2008, § 1326]
A building permit shall not be issued for any type of construction until a conservation plan has been approved in accordance with §
22-306, Subsection
1, of the Subdivision and Land Development Ordinance [Chapter
22].
[Ord. 147, 8/11/2008, § 1327]
1. A municipal landfill owned and operated by the Township or owned
and operated by an authority created by the Board of Supervisors is
permitted as a use by right in the LI Limited Industrial District.
All other landfills, dumps, refuse disposal areas, refuse transfer
stations and the like are prohibited in all of the zoning districts
of the Township.
2. If a landfill is erected within the Township in accordance with the
above ownership requirements, all required approvals and permits shall
first be obtained from the Pennsylvania Department of Environmental
Protection in accordance with Title 25, Chapter 75, of the Pennsylvania
Code, Solid Waste Regulations, adopted August 2, 1971, as amended.
[Ord. 147, 8/11/2008, § 1328]
Except as otherwise provided by this chapter the use of any
lot shall be limited to a single principal use, with accessory uses
as authorized herein.
[Ord. 147, 8/11/2008, § 1329; as amended by Ord.
152, 12/8/2008, § 1]
1. Land, buildings, structures or premises in any zoning district, or
any mobile home park, shall not be used, altered, or occupied in a
manner as to create any dangerous, injurious, noxious or otherwise
objectionable fire, explosive, radioactive or other hazard; noise
or vibration; smoke, dust odor, or other form of air pollution; electrical
or other disturbance; glare; liquid or solid refuse or wastes; conditions
conducive to the breeding of rodents or insects, or other substance,
condition, or element, in any manner or amount as to adversely affect
the surrounding area. The following shall be applicable to all zoning
districts:
A. Fire and Explosive Hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazards of fire and explosion, and adequate firefighting and fire-suppression equipment and devices as detailed and specified by the Department of Labor and Industry and the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Building Code [Chapter
5, Part
1, §
5-101], the Fire Prevention Code, and all other applicable ordinances if and when adopted by the Township. Any explosive material shall conform to the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, for storage, handling and use of explosives.
B. Radioactivity or Electrical Disturbances. There shall be no activities
which emit dangerous radioactivity at any point. There shall be no
radio or electrical disturbance adversely affecting the operation
of equipment belonging to someone other than the creator of the disturbance.
If any use is proposed which incorporates the use of radioactive material,
equipment or supplies, such use shall be in strict conformity with
Chapters 221, 223, 225, 227 and 229, Title 25, Article V, Pennsylvania
Department of Environmental Protection, Rules and Regulations.
C. Smoke, Ash, Dust, Fumes, Vapors and Gases. There shall be no emission
of smoke, ash, dust, fumes, vapors or gases which violate the Pennsylvania
Air Pollution Control Laws, including the standards set forth in Chapter
123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality
Standards), Article III, Title 25, Pennsylvania Department of Environmental
Protection, Rules and Regulations.
D. Liquid and Solid Wastes. There shall be no storage of or discharge
at any point into any public or private sewer system, or watercourse
or into the ground, of any materials in such a way or of such a nature,
as will contaminate or otherwise cause the emission of hazardous materials
in violation of the laws of the Commonwealth of Pennsylvania, and
specifically Chapters 73, 75, 95, and 97, Title 25, Pennsylvania Department
of Environmental Protection, Rules and Regulations.
E. Glare. No direct or sky-reflected glare whether from spotlights,
floodlights, searchlights or other sources shall be visible from adjoining
public streets or adjacent lots when viewed by a person standing on
ground level.
F. Odor. No use shall emit odorous gases or other odorous matter in
such quantities as to be offensive at any point on or beyond its lot
lines. The guide far determining such quantities of offensive odors
shall be the 50% response level of Table I, Odor Thresholds in Air,
"Research on Chemical Odors: Part I, Odor Thresholds for 53 Commercial
Chemicals," October 1968, Manufacturing Chemists Association, Inc.,
Washington, DC.
[Ord. 147, 8/11/2008, § 1330; as amended by Ord.
205, 12/14/2015, § XXXVII]
The exterior storage of more than one automotive vehicle or
truck is prohibited in all zoning districts; provided, however, that
such vehicle or truck shall be covered when not in use. The exterior
of any property shall be maintained in a clean, safe and sanitary
condition, and free from the accumulation of rubbish, garbage or junk
in all zoning districts. Junkyards or the exterior storage of materials
that comprise a junkyard shall be prohibited in all zoning districts.
[Ord. 147, 8/11/2008, § 1331]
The erection of temporary structures in excess of 100 square
feet and used for commercial or industrial purposes shall require
a temporary use permit and shall comply with all of the area, bulk
and dimensional standards of the zoning district in which it is located.
[Ord. 147, 8/11/2008, § 1332; as amended by Ord.
166, 4/12/2010, § V]
1. Whenever an existing lot and/or an existing building or other structure
on an existing lot becomes nonconforming, or more nonconforming, with
respect to one or more applicable areas and/or dimensional requirements,
as a result of the taking of a portion of the lot for public purposes,
the following shall apply:
A. The lawful use of the lot and/or the lawful use, location and/or
size of the building or other structure on the lot, as existing on
the effective date of the taking, may remain and continue after the
effective date of the taking, provided that the nonconformity, with
respect to each applicable area and/or dimensional requirement, resulting
from the taking, is not more than 50% of the applicable requirement,
or does not increase an existing nonconformity of the same applicable
area and dimensional requirement beyond 50% of that requirement.
B. Where the nonconformity, with respect to each applicable area and
dimensional requirement, resulting from the taking, is more than 50%
of the applicable requirement, or increases an existing nonconformity
of the same applicable area and/or dimensional requirement beyond
50% of that requirement, the lawful use of the lot and/or lawful use,
location, and/or size of the building or other structure on the lot,
as existing on the effective date of the taking, may remain and continue
after the effective date of the taking only when authorized as a conditional
use.
C. The conditional use under Subsection 1B shall be allowed or denied
by the Board of Supervisors pursuant to the standards and other provisions
set forth in § 27-1406 of this chapter.
D. Each lawful use of the lot and/or the lawful use, location and/or size of the building or other structure on the lot, as existing on the effective date of the taking and permitted to remain and continue as provided by Subsection 1A or by conditional use as provided by Subsection 1B, shall be considered (to the extent the nonconformity of such use, location and/or size with respect to an applicable area and/or dimensional requirement results from or is increased by the taking) a nonconforming, or more nonconforming, use, building or structure, as of the effective date of the taking, for purposes of Part
19 and other provisions of this chapter including, but not limited to, §§
27-1901, Subsections 1B, C, D, and E, 27-1902, Subsections 1B, C, 4, 5, and 6, 27-1906, and 27-1908. Where a lawful use of the lot and/or the lawful use, location and/or size of the building or other structure on the lot is permitted to remain and continue by conditional use under Subsection 1B, the provisions of this Subsection 1D shall be subject to the decision of the Board of Supervisors granting the conditional use, including any conditions attached to the grant.
E. In the case the lot is undeveloped and the lawful lot area and/or lot width of the lot becomes nonconforming, or more nonconforming, as a result of the taking, the lot shall be considered a nonconforming, or more nonconforming, undeveloped lot with respect to lot area and/or lot width as of the effective date of the taking for purposes of Part
19 and other provisions of this chapter including, but not limited to, §
27-1906.
F. The taking shall not extinguish any lawful nonconformity of the lot
and/or the building or other structure on the lot, which nonconformity
exists on and immediately prior to the effective date of the taking,
to the extent that such nonconformity does not result from the taking.
G. For purposes of this section, the following definitions shall apply:
APPLICABLE AREA AND/OR DIMENSIONAL REQUIREMENTS
The requirements of this chapter, providing for minimum lot
area, minimum lot width, maximum building coverage, maximum impervious
coverage, and/or minimum front, side and/or rear yards, applicable
to a lot and/or to the location and/or size of a building or other
structure on a lot.
EFFECTIVE DATE OF THE TAKING
Where the taking is by condemnation by the exercise of the
right of eminent domain, the date on which the Township files a declaration
of taking; or where the taking is by deed, the date on which the Township
accepts the deed.
LAWFUL
When modifying the use of a lot, the use, location and/or
size of a building or other structure on a lot, or the lot area or
lot width of a lot, shall mean a use, location, size, lot area or
lot width that, on and immediately prior to the effective date of
the taking, (a) complies with applicable provisions of this chapter,
or (b) to the extent not complying, is lawfully nonconforming.
PUBLIC PURPOSES
Such purposes shall include, but shall not be limited to,
providing additional width or length to an existing public road, relocating
an existing public road, or relocating a proposed new road in a subdivision
or land development in order to align, or better align, the new road
with an extensive public road; providing public parks, providing public
utilities infrastructure, and other governmental facilities and services.
TAKING
A taking shall include: (a) condemnation by the Township,
for public purposes, of a portion of a lot by the exercise of the
right of eminent domain; (b) acceptance by the Township of a deed,
in lieu of condemnation, conveying to the Township a portion of a
lot for public purposes; or (c) acceptance by the Township of a deed,
conveying to the Township a portion of a lot for public purposes as
required or requested by the Township in and by a specific resolution
therefor duly adopted by the Board of Supervisors.
H. The provisions of this section including, but not limited to, Subsection
1F, shall not apply in any case where monetary compensation is paid
or payable by the Township to the owner of a lot and/or other party
in interest for the taking of a portion of the lot for public purposes.
[Ord. 147, 8/11/2008, § 1333; as amended by Ord.
172, 2/14/2011, § VIII]
Except as may be otherwise provided in this chapter with respect
to a particular Township use, a Township use may be located by right
in any zoning district, as may be determined by the Board of Supervisors
to be reasonably necessary for the convenience or welfare of the Township,
and except for this section, shall not be subject to any provision
of this chapter including, but not limited to, bulk, area and dimensional
standards.
[Ord. 147, 8/11/2008; as added by Ord. 158, 12/14/2009, § I]
1. Any solar energy equipment authorized by this chapter shall be considered
accessory structures and the generation of energy or heat as an accessory
use to the principal use in any zoning district and shall be subject
to and comply with the following:
A. Solar energy equipment shall be located on the same lot as the principal
use.
B. Solar energy equipment shall comply with all minimum side and rear
yard setback and height requirements of the applicable zoning district.
C. Power generated by solar energy equipment shall not exceed 50 kilowatts
of maximum output capacity per principal residential use or 100 kilowatts
of maximum output capacity per principal nonresidential use. There
shall be no commercial use of the solar energy equipment for generation
of energy, except for energy purchased by a public utility in accordance
with law or other government regulations.
D. Solar panels shall comply with the physical performance requirements contained in §
27-1330 of this chapter.
E. The solar energy equipment shall meet and be installed in accordance with all applicable requirements of the Township Building Code as defined in Part
2, §
27-202, of this chapter.
F. No free-standing solar energy equipment shall be located in the front
yard. Solar energy equipment affixed to the roof of the principal
structure and visible from the front yard shall be permitted.
[Ord. 147, 8/11/2008; as added by Ord. 158, 12/14/2009, § I;
and as amended by Ord. 183, 9/12/2011, § I]
1. Any wind energy equipment authorized by this chapter shall be considered
accessory structures and the generation of energy as an accessory
use to the principal use in any zoning district.
A. Freestanding wind turbines shall be subject to and comply with the
following:
(1)
Freestanding wind turbine energy equipment shall be located
on the same lot as the principal use.
(2)
Power generated by freestanding wind turbine energy equipment
shall not exceed 50 kilowatts of maximum output capacity for residential
uses or 100 kilowatts of maximum output capacity for nonresidential
uses. There shall be no commercial use of the wind energy equipment
for generation of energy, except for energy purchased by a public
utility in accordance with law or other government regulations.
(3)
No freestanding wind turbine energy equipment shall be located
in a front yard.
(4)
Freestanding wind turbine energy equipment shall comply with
all principal structure minimum side and rear yard setback requirements
of the applicable zoning district.
(5)
Freestanding wind turbine energy equipment shall not exceed
a height of 145 feet. The height of a freestanding wind turbine shall
be measured from the average approved finished grade at the perimeter
of the base of the freestanding wind turbine to the highest vertical
point of the rotor at its maximum vertical position.
(6)
For a freestanding wind turbine, only a single pole or monopole
structure shall be permitted. The pole shall be self-supporting upon
its foundation without the use of guy wires or other supports and
shall be certified by the wind turbine's manufacturer that the pole
is sufficient to withstand the weight of the wind turbine being installed,
as well as the projected windload to be placed upon the wind turbine.
(7)
Freestanding wind turbines shall not be artificially lighted.
(8)
Freestanding wind turbine energy equipment shall comply with
all applicable requirements of the Federal Aviation Administration.
(9)
Freestanding wind turbine energy equipment shall be set back
from any occupied building, property line, street ultimate right-of-way,
utility building or structure, utility right-of-way or easement, or
liquid fuel source a distance of not less than 1.5 times the height
measured from the average approved finished grade at the perimeter
of the base to the highest vertical point of the rotor at its maximum
vertical position.
(10)
For a freestanding wind turbine, clearly visible warning signs
concerning falling objects shall be placed within the principal structure
rear and side yard setbacks and spaced not more than 100 feet apart,
to the extent possible, to warn against ice and rotor throws. Signs
are to be placed a minimum of three feet from the ground and be a
minimum of one square foot, but not exceeding two square feet in surface
area.
(11)
Freestanding wind turbines shall be equipped with a braking
system to limit rotor rotation speed to within the design limits.
(12)
The minimum height of the lowest position of the freestanding
wind turbine rotor shall be 15 feet above the surface of the ground.
(13)
Ladder or steps affixed to a freestanding wind turbine shall
not be provided any lower than 15 feet above its base.
(14)
The design color and other visual features of the freestanding
wind turbine shall be white, off-white or grey.
(15)
For a freestanding wind turbine, all exterior utilities, cables,
electrical lines, and other connections shall be located in a conduit
and buried underground to the maximum extent possible.
(16)
For a freestanding wind turbine, all ground mounted electrical
and control equipment shall be labeled and secured to prevent unauthorized
access.
(17)
There shall be no antennae, advertising or other items or material
affixed to or otherwise placed on the freestanding wind turbine energy
equipment, except those required for safety or identification of manufacturer.
(18)
Operation of the freestanding wind turbine energy equipment shall comply with the physical performance requirements of §
27-1330 of this chapter.
(19)
The freestanding wind turbine energy equipment shall meet and
be installed in accordance with all applicable requirements of the
Township Building Code.
B. Roof mounted wind turbines shall be subject to and comply with the
following:
(1)
Roof mounted wind turbine energy equipment shall be located
on the same lot as the principal use.
(2)
Power generated by roof mounted wind turbine energy equipment
shall not exceed 1,000 watts of maximum output capacity. There shall
be no commercial use of the roof mounted wind turbine energy equipment
for generation of energy, except for energy purchased by a public
utility in accordance with law or other government regulations.
(3)
Roof mounted wind turbine energy equipment shall not exceed
a height of eight feet measured from the center of the wind turbine's
nose cone to the roofline on which it is mounted.
(4)
Roof mounted wind turbine blades shall be made of aluminum or
carbon fiber.
(5)
Roof mounted wind turbine blades shall have a minimum clearance
of three feet between the tip of the blades and roofline as well as
other obstructions including but not limited to antennas, satellite
dishes, vent stacks, and chimneys.
(6)
For a roof mounted wind turbine, the mounting equipment shall
be certified by the wind turbine's manufacturer that the mounting
equipment is sufficient to withstand the weight of the wind turbine
being installed, as well as the projected windload to be placed upon
the wind turbine.
(7)
The roof mounted wind turbine shall be mounted in accordance
with the manufacturer's installation requirements with mounting bracket
materials being a minimum thickness of 1/4 inch steel.
(8)
Certification is required by a registered professional engineer
that the building is structurally sufficient to withstand the weight
of the wind turbine being installed, as well as the projected windload
to be placed upon the wind turbine.
(9)
Roof mounted wind turbines shall not be artificially lighted.
(10)
Roof mounted wind turbines may be installed on occupied buildings.
Roof mounted wind turbine shall be set back from any adjacent occupied
building a distance of not less than 30 feet.
(11)
For a roof mounted wind turbine, clearly visible warning signs
concerning falling objects shall be placed within the principal structure
yard setbacks and spaced not more than 100 feet apart, to the extent
possible, to warn against ice and rotor throws. Signs are to be placed
a minimum of three feet from the ground and be a minimum of one square
foot, but not exceeding two square feet in surface area.
(12)
Roof mounted wind turbines shall be equipped with a braking
system to limit rotor rotation speed to within the design limits.
(13)
The design color and other visual features of the roof mounted
wind turbine shall be white, off-white or grey.
(14)
For a roof mounted wind turbine, all exterior utilities, cables,
electrical lines, and other connections shall be located in a conduit
and buried underground to the maximum extent possible.
(15)
For a roof mounted wind turbine, all ground mounted electrical
and control equipment shall be labeled and secured to prevent unauthorized
access.
(16)
There shall be no antennae, advertising or other items or material
affixed to or otherwise placed on the roof mounted wind turbine energy
equipment, except those required for safety or identification of manufacturer.
(17)
Operation of the roof mounted wind turbine energy equipment shall comply with the physical performance requirements of §
27-1330 of this chapter.
(18)
The roof mounted wind turbine energy equipment shall meet and
be installed in accordance with all applicable requirements of the
Township Building Code.
[Ord. 147, 8/11/2008; as added by Ord. 196, 8/12/2013, § VII]
For each corner lot within any zoning district, each yard frontage
on a street shall require a front lot depth as set forth in the dimensional
standards of the zoning district for such lot.
[Added by Ord. 209, 12/12/2016]
1. Purpose. The intent of this section is to:
A. Accommodate the need for surface land uses affiliated with transmission
pipelines consistent with the desire to protect the health, safety
and welfare of the citizens of the Township.
B. Minimize aesthetic, nuisance and visual impacts of surface land uses
affiliated with transmission pipelines through proper design, siting
and vegetative screening.
C. Ensure the location of surface land uses affiliated with transmission
pipelines in compliance with applicable industry standards and requirements,
federal law, and Pennsylvania state law, including the Federal Energy
Regulatory Commission (FERC), the Pennsylvania Oil and Gas Act (as
amended), and Pennsylvania case law.
D. Preserve the rural, suburban and urban character of neighborhoods
adjacent to surface land uses affiliated with transmission pipelines.
2. Use Provisions.
A. Except as otherwise designated in Subsection 2B below, surface land uses affiliated with transmission pipelines shall be permitted as a principal use in all zoning districts when adjacent to and within 100 feet of underground transmission pipelines that exist as of the date of adoption of this section or are proposed when authorized as a conditional use pursuant to Subsection
3 below and Part
14 of this chapter. In addition, such uses shall meet the dimensional requirements, including, but not limited to, area and bulk standards, of the underlying zoning district and shall demonstrate compliance with the East Coventry Township Stormwater Management Ordinance [Chapter
9, Part
1].
B. Surface land uses affiliated with transmission pipelines shall be
prohibited in the following areas:
(1)
The SSCD Steep Slope Conservation District;
(2)
The FW Floodway Floodplain District;
(3)
Areas containing seasonally high water table soils;
(4)
Areas containing wetlands;
(5)
Riparian buffer areas; and
(6)
All areas identified on the Historic Resources Map of the Township as described in Part
12 of this chapter.
C. All other uses ancillary to surface land uses affiliated with transmission
pipelines are prohibited unless otherwise permitted in the zoning
district in which the use is located.
3. Standards for Surface Land Uses Affiliated with Transmission Pipelines.
The following standards will be considered by the Township prior to
permitting surface land uses affiliated with transmission pipelines:
A. Setbacks.
(1)
Unless otherwise approved by the Board of Supervisors upon recommendation
of the Township Planning Commission, the applicant shall demonstrate
that the setbacks for surface land uses affiliated with transmission
pipelines and all supporting equipment and structures to any property
line or right-of-way shall be consistent with the minimum setback
in the underlying zoning district. In addition, surface land uses
affiliated with transmission pipelines and all supporting equipment
and structures shall be set back a minimum of 750 feet from residential
buildings and all commercial, industrial and institutional uses or
a minimum of 500 feet from the nearest lot line, whichever is greater.
Where yard area or other setbacks of the underlying zoning district
contradict these standards, the larger of the setbacks shall apply.
(2)
Setbacks may be increased by the Township pursuant to the type
of material being managed at the surface land use affiliated with
transmission pipelines, if the use is adjacent to areas of high on-site
population, and the current status of science regarding safety protocols
in proximity to pipelines or surface land uses affiliated with transmission
pipelines. The Township shall, on a case-by-case basis, determine
if increased setbacks are warranted consistent with the potential
impact radius ("PIR"), defined by the relationship between the diameter
of the adjacent pipeline (and appurtenances) and its maximum operating
pressure (see Appendix A), if high on-site populations are located in close proximity
(referred to as "high-consequence areas"), and if more than one transmission
pipeline (such as coupled lines) will be managed at the surface land
use affiliated thereto. The PIR approach is applicable only to surface
land uses affiliated with "gas" or "petroleum gas" transmission pipelines,
as defined by Title 49, Code of Federal Regulations, § 192.3.
Surface land uses affiliated with transmission pipelines carrying
"hazardous liquids," as defined by Title 49, Code of Federal Regulations, § 195.2,
shall adhere to the setback standards contained in this Subsection
3A.
B. Landscaping. The applicant shall provide a plan, prepared by a landscape architect licensed in Pennsylvania, showing landscaping proposed to be installed to screen and buffer surface land uses affiliated with transmission pipelines. The landscape plan shall incorporate a mix of native vegetation, including evergreens, shrubbery and trees, which shall be of sufficient density to screen the facility. Existing vegetation in proximity to surface land uses affiliated with transmission pipelines shall be preserved to the greatest extent possible. All proposed landscaping shall comply with the requirements of §
22-428, Subsection 11D, of the Subdivision and Land Development Ordinance [Chapter
22] and §
27-1309 of this chapter. Applicants shall submit a visual survey from mutually agreed upon vantage points in order to support the proposed landscaping plan's mitigation of visual impacts.
C. Noise. Sound produced by the surface land use affiliated with transmission
pipelines shall not result in noise or vibration clearly exceeding
the average intensity of noise or vibration occurring from other causes
at the property line; in no case shall the sound-pressure level exceed:
(1)
The noise levels set forth in §
27-1330, Subsection 1G, of this chapter, measured 100 feet from the property line
of the property upon which the emission occurs; or
(2)
60 dB(A) [according to the American National Standards Institute's
(ANSI) "a"-weighted scale] at the property line closest to the land
use, whichever is more restrictive.
D. Odors. Odor, vapors or particulate matter produced by the surface
land use affiliated with transmission pipelines shall not exceed:
(1)
The average emission of such substances occurring from other
causes at the property line; and
(2)
The standards set forth in §
27-1330, Subsection 1F, of this chapter. Specific contaminants shall be regulated by Pa. Code, Title 25, Environmental Protection, Part
1, Subpart C, Article III, Air Resources.
E. Signage. All signs, other than utility identification signs, appropriate
warning signs, or owner identification signs, shall be prohibited.
There shall be no antennas, advertising, or other items or material
affixed to or otherwise placed on surface land uses affiliated with
transmission pipelines, except as permitted by the Township.
F. Parking. If the surface land use affiliated with transmission pipelines
is fully automated, adequate parking as determined by the Township
shall be required for maintenance workers. If the site is not automated,
the number of parking spaces shall be equal to the number of people
on the largest shift, plus such additional spaces to accommodate shift
changes and to provide adequate storage for other vehicles used on
site as determined appropriate by the Township. Parking spaces shall
be located within the landscape buffer area so they are substantially
concealed when viewed from surrounding properties.
G. Lighting. No surface land use affiliated with pipeline utilities
shall be artificially lighted except as required for emergency nighttime
access. Any such lights shall be shielded so as to prevent intrusion
upon nearby properties.
H. Engineered Drawing Submission. Applications for a land use affiliated
with pipeline utilities shall be accompanied by engineering drawings
prepared by an engineer licensed in Pennsylvania. The engineer shall
certify that all applicable Commonwealth of Pennsylvania and United
States standards and all Township ordinances and requirements for
the construction, operation, and maintenance of the proposed facility
have been met.
I. Visual Impact. Any surface land use affiliated with transmission
pipelines shall be designed and constructed so as to mitigate the
visual impact from public roads and nearby uses. In addition, the
color and other visual features of the land use affiliated with pipeline
utilities shall be designed and installed in such a manner so as to
create the least visual impact practicable.
J. State and Federal Regulation. All applicants, whether commercial
pipeline companies or otherwise, must demonstrate the submission of
sufficient filings and/or receive sufficient approvals, as required,
through the Federal Energy Regulatory Commission (FERC), the Pipeline
and Hazardous Materials Safety Administration (PHMSA), and appropriate
departments or agencies of the Commonwealth of Pennsylvania, including,
without limitation, the Pennsylvania Department of Environmental Protection
(PADEP) and/or the Pennsylvania Public Utilities Commission (PA PUC).
Such documentation is not required as part of the initial application
to the Township but must be included with the final as-built plans
submitted upon approval by the Township.
K. Removal of Surface Land Uses Affiliated With Transmission Pipelines.
Any surface land uses affiliated with transmission pipelines that
are no longer licensed and active shall be removed and the site restored
to its original condition at the owner's expense within 60 days of
the last date that the facility was licensed by the PADEP and FERC.
A bond or escrow account shall be posted with the Township prior to
the construction of the facility in an amount determined by the Township
to be sufficient to ensure such removal and site restoration. The
applicant shall have prepared, and shall submit to the Township to
accompany the bond or escrow account, an estimate of the cost necessary
to remove the surface land use facility associated with the pipeline
and restore the site to its preconstruction condition.