The minimum lot, yard and height requirements of Article IV shall prevail in all cases, except as follows:
A.
Existing nonconforming lots.
(1)
In any district where a vacant nonconforming lot exists as a separate
entity at the time of passage of this chapter, and where the owner
of the nonconforming lot does not own an adjoining lot, then the following
development is permitted on such a lot:
(a)
If the lot is located in an OSC, A-1, R-1 or VCR-1 Zoning District
or in any district in which a single-family dwelling is listed as
a permitted use, then a single-family dwelling, including any attached
permitted accessory use, may be constructed on it as a permitted use
subject to the minimum requirements for nonconforming lots shown on
Schedule V[1] following this page, except that the minimum distance
between principal structures on the same lot or on adjoining lots
shall not be less than 11 feet.
[1]
Nonconforming lots because of their existing sizes do not conform
with the minimum requirements of Schedule V[2] may only be developed if they are approved as a special
exception use by the Zoning Hearing Board as required herein.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
[2]
Accessory structures which are not attached to the principal
structure may be built up to three feet to any side lot line or not
less than eight feet from the rear lot line provided that such accessory
structures are not located closer than 10 feet from any principal
structure.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(b)
If the lot is located in any remaining nonresidential zoning
district (C-1, C-2, I-1, I-2, and I-3), then a structure not exceeding
two stories in height may be constructed on it, for a use permitted
in the district in which it is located, as shown on Schedule I, provided
that the off-street parking and loading requirements of this chapter
shall be complied with and that the front, side and rear yards are
not reduced by more than one-third of the requirements of Schedule
II.[3] Lots which are not large enough to meet these minimum
requirements may then only be developed if it is reviewed and approved
as a special exception use by the Zoning Hearing Board after consideration
of any adverse effects on the adjoining commercial and other uses
in the area.
[3]
Editor's Note: Said schedules are included as an attachment to this chapter.
(e)
Prior to the development of any such nonconforming lot which
is not served with private or public water or sewer facilities, the
owner shall provide an adequate on-lot or alternate facility which
complies with PADEP and Township regulations.
B.
Height limitations. Maximum district height limitations for church
spires, cupolas and domes, monuments, water towers, chimneys, smokestacks,
antennas, farm structures, silos, and flag poles which are permitted
in the zoning district shall be 75 feet. Required utility and radio
and television station transmitting or receiving towers which are
permitted under the requirements of this chapter may exceed the district
height limitations as set forth in Township Ordinance 99-03.[4]
[4]
Editor's Note: Said ordinance is included as an attachment to this chapter.
C.
Front yard exception. When an unimproved lot is situated between
two improved lots each having a principal building within 25 feet
of the side lot line of the unimproved lot, and where the lot is not
located on a major state or federal highway, then the required front
yard may be reduced to a depth equal to that of the greater front
yard of the two adjoining lots; provided, however, that it may not
be reduced to below 20 feet, in all districts.
D.
Projections into yards. Projections into required yards may be permitted as follows, except that no such projection shall be located closer than 10 feet to any side lot line, or 15 feet to any rear lot line, or 20 feet to any front lot line, except as may be provided for in § 350-25A for existing nonconforming lots:
(1)
Fire escapes, uncovered stairs and landings, canopies, eaves, or
other architectural features not required for structural support may
project into the required side, front or rear yard not more than a
total of four feet.
(3)
Patios may be located in any required yard area, not closer than
the following to any property line, except that patios constructed
on existing nonconforming lots may line up with and be as wide as
the principal structure on the lot.
A.
Two or more principal uses on a lot. There shall be only one principal use on a lot. Any existing lot with two (or more) principal uses shall be considered nonconforming and any enlargement, restorations, discontinuance, changes in use, termination, off-street parking and related issues shall be controlled by § 350-28 of this chapter and the subsections thereunder.
[Amended 4-27-2009 by Ord. No. 2009-07]
B.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Commission shall decide which street will be considered as the front street. No principal structure shall be erected on any portion of a lot which does not have primary access from an improved public street, except as specified in § 350-26A and C.
C.
Lots fronting on an alley. Individual lots existing at the effective
date of this chapter fronting on an alley shall comply with all the
requirements of this chapter and the district in which said lots are
located, except that no principal structure shall derive its primary
or only access from an alley.
D.
Side yard of a corner lot. The side yard of a corner lot which abuts a street shall be equal to the required front yard for that street, except as may be limited by § 350-26E.
E.
Obstruction to vision. No obstruction to vision, as defined herein,
shall be planned, constructed or maintained in the vicinity of any
street intersection or driveway, entrance, or on a corner lot, which
creates potential vehicular safety hazards.
A.
Accessory structures. All accessory structures, unless otherwise provided for in this chapter, shall conform with the minimum yard regulations established in Article IV, except for nonconforming lots as set forth in § 350-25A, and except as permitted below:
(1)
Unattached structures accessory to residential buildings. Structures
accessory to residential buildings which are not attached to a principal
structure shall not be higher than 24 feet or two stories, and may
be erected within the required rear and side yards of the lot provided
that they conform with the following:
(a)
Distance from side lot line. Not less than 10 feet from the side lot line, except in the case of corner lots where the side yard as specified in § 350-26D shall be maintained.
(b)
Distance from rear lot line. Not less than 15 feet from the
rear lot line.
(c)
Distance from principal structure. Not less than 10 feet from
a principal structure.
(2)
Unattached structures accessory to nonresidential buildings. Such
accessory structures shall comply with front, side and rear yard requirements
for the principal structure.
B.
Home-based business. Requirements for home-based businesses are set forth below and as defined in Article II.
(1)
No-impact home-based business. A no-impact home-based business shall
be considered to be an accessory use to a principal residential dwelling
use located in the OSC, A-1, R-1 and VCR-1 Zoning Districts, or to
other legally established nonconforming residential housing units
located in commercial and industrial zoning districts. Such an accessory
home based business shall be subject to the following requirements:
(a)
It shall be conducted by up to three permanent residents of
the dwelling.
(b)
"No-impact home-based business" shall be restricted to businesses
which do not generate customer, client, or patient traffic, nor pickup,
delivery, or removal functions in excess of those normally associated
with residential use. Activities of this type shall be carried out
only between the hours of 9:00 a.m. and 5:00 p.m., Monday through
Friday.
[1]
The above activities which are not permitted in a no-impact
home-based business since they are considered to be in excess of those
normally associated with residential use include the following:
[a]
The activities listed are conducted before or after
the hours of 9:00 a.m. to 5:00 p.m.
[b]
Individual customers or clients that visit the
home in excess of two clients per hour or a maximum of eight customers
or individuals per day.
[c]
Patient traffic involving more than two vehicles
per hour or a total of five vehicles per day.
[d]
Pickup, delivery or removal functions involving
a total of more than one per hour or a total of three per day.
[2]
Any other activities which draw excessive attention, noise or
distraction to the normal daily requirements and activities of the
neighborhood in which the residential unit is located, including the
receipt by the Township of complaints from neighboring residents.
Any such complaints must be presented in writing to the Township and
verified by the Zoning Officer or other official of the Township.
The Zoning Officer may discuss and attempt to resolve this matter
with the business owner. If this is not possible, the Zoning Officer
shall prepare a recommendation to be presented to the Zoning Hearing
Board for their review and action.
(c)
It shall comply with all other legal requirements, including
adherence to any deed restriction, covenant, or agreement restricting
the use of land, or any master deed, bylaw, or other document applicable
to a common interest ownership community.
(d)
It shall not detract from the residential character of the neighborhood
or exhibit any influences or emissions which are detrimental to the
health, safety, welfare or morals of the residents of the neighborhood.
(e)
It shall have sufficient off-street parking space available
to serve up to three clients at any one time.
(f)
It shall not exhibit any external characteristics or evidence
of its presence such as a sign, nor shall it modify the structure
or appearance of the residential unit which will draw attention to
the unit as a business use.
(g)
A permitted no-impact home-based business shall be clearly incidental
and secondary to the use of the dwelling unit for residential purposes.
All such home businesses shall be located within the principal residential
structure, but shall not exceed 35% of the total usable floor area
of the dwelling, excluding attics and basement areas. However, attics
and basements may be used for storage of items related to no-impact
home-based businesses which comply with the approval of the Township
Fire Department and the inspection of the Zoning Officer.
(h)
Such businesses, subject to the above requirements may include,
but are not limited to professional offices, computer and internet
oriented businesses, the operation of a photographic studio, the training
or tutoring of up to two adults at any one time, nursery school, child-care
or day care classes limited to no more than three children, custom
dressmaking, millinery or tailoring, laundering, and home cooking.
(2)
Other home-based businesses. Other types of home-based businesses, including businesses which require the employment of personnel who are not permanent full-time residents of the residential dwelling unit as required herein, or businesses which generate customer, client or patient traffic in excess of those normally associated with residential use as defined above which do not comply with any of the requirements set forth in § 350-27B(1) and Subsection B(1)(a) through (h) above are prohibited in the Township.
(3)
Application for home-based businesses. All applicants for permits
to undertake a permitted use no-impact home-based business shall submit
the following information to the Zoning Officer:
(a)
A complete description of the nature and operation of the business.
(b)
The type of use, product or service produced or rendered.
(c)
The names of the resident(s) who will operate the business (no
more than three residents).
(d)
The portion of the residential structure to be devoted for the
use of the business (list rooms, attic space and basement area space).
(e)
Any building or structural modifications or other physical changes
to the interior or the exterior to make the building usable for a
no-impact home-based business.
(f)
A signed statement by the applicant indicating that the home-based
business complies with all of the requirements set forth by the Township.
(g)
An executed certification by the applicant on an application
form supplied by the Township agreeing to the following:
[1]
That the no-impact home-based business shall not detract from the
residential character of the neighborhood; and
[2]
That all of the facts submitted with the application are true and
correct and that any incorrect information submitted or any change
which is not permitted by this chapter shall be sufficient cause for
the Township to require cessation of the business; and
[3]
Certification and agreement by the applicant that the business will
be discontinued if changes occur in the character and growth of the
business so that it no longer complies with the requirements of this
chapter.
C.
Home gardening, nurseries and greenhouses. Home gardening and accessory
structures used for nurseries or as greenhouses are permitted in residential
areas provided that such activities shall not constitute a commercial
operation except in compliance with the provisions for home occupations
set forth above. Only limited outdoor storage of equipment and supplies
may be permitted provided that such storage shall not create a nuisance
or adverse influence on nearby adjoining residential properties, as
determined by the Board.
D.
Private outdoor swimming pools. A single private outdoor swimming
pool and/or hot tub are permitted as accessory uses to a residential
structure provided that such facilities are for the private use of
the residents of the dwelling unit or for their guests as set forth
below:
(1)
Swimming pools.
(a)
Such a pool may be located within the required rear or side
yards for the district in which the pool is to be located except that
no portion of the body of water in the pool shall be located closer
to the property line than 10 feet or six feet if located on a nonconforming
lot, and no portion of any walks or accessory pool appurtenances surrounding
the body of water shall be closer than six feet to any property line.
(b)
All pools shall be surrounded and enclosed by a four-foot-high
fence or wall structurally suitable to deter direct access to the
body of water in the pool. Such a fence or wall shall not have openings,
holes or gaps therein larger than four inches in width or, if larger
than four inches in width, no larger than four inches in length, except
for doors or gates; provided, however, that if a picket fence is erected
or maintained the horizontal dimension between pickets shall not exceed
four inches; provided, further, that a dwelling house or accessory
building may be used as a part of such a fence or wall and; provided,
further, that existing hedges which effectively screen and deter access
to the pool may be used as such enclosure or a part or parts thereof
with the written approval of the Zoning Officer. The Zoning Officer
may approve such existing hedges, which substantially comply with
the above requirements.
(c)
All gates or doors opening through such an enclosure shall be
equipped with a self-closing and self-latching device designed to
keep, and capable of keeping, such door or gate securely closed at
all times when not in actual use; provided, however, that the door
of any dwelling occupied by human beings and forming any part of the
enclosure hereinabove required need not be so equipped.
(d)
Fences shall be constructed of weather-resistive materials and
shall be assembled or fabricated with sufficient rigidity to prevent
any substantial alteration or deformation of the lawful openings,
holes or gaps.
(e)
The sides of a pool constructed above the ground level shall
be considered to meet the requirements for a fence preventing direct
access to the pool provided that such sides of the pool are at least
four feet high and; provided, further, that any stairs, steps or ladders
used to reach the water surface of the pool shall be removable or
capable of being folded up or secured in a way which will prevent
their use when the pool is not in operation by the residents of the
property or their guests.
(f)
Any pool whose body of water is closer than 10 feet to a property
line shall be shielded by a six-foot-high privacy fence, hedge or
other suitable visual obstruction where required to insure privacy
for the adjoining property as determined by the Zoning Officer. Such
a privacy fence may also serve as the fence required to deter direct
access to the body of water as required herein if it conforms with
the other requirements of this section.
(g)
All swimming pools and hot tubs shall also comply with the requirements
of the standards of the Uniform Construction Codes, including International
Building Code Section 3109.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Hot tubs.
(a)
A single noncommercial hot tub may be constructed as an accessory
use to serve a residential structure. The water surface area of such
a tub shall not exceed 36 square feet or seven feet in length. All
hot tubs shall be provided with a permanent secure locked cover which
shall be kept locked when not in use.
(b)
Adequate buffering or privacy fences shall be provided to preserve privacy and to prevent visual or noise nuisances or the glare of related lighting for adjoining properties in accordance with the fencing and screening requirements of §§ 350-27E and 350-33A, the outdoor lighting requirements of § 350-33I.
(c)
All plumbing associated with hot tubs shall meet Township code
standards and shall consist of a permanent all-weather system maintained
in good repair.
E.
Fences, walls and planting materials.
(1)
General requirements.
(a)
Any person, corporation, firm or association intending to erect
a fence shall, before work is commenced, make application to the Zoning
Officer as required below and by this chapter and no work on such
a fence shall be commenced before receipt of a permit from the Zoning
Officer.
(2)
Location of fences.
(a)
Fences may be located up to the property line in front, rear
or side yards and shall not encroach on any public right-of-way.
(b)
All fences shall be located completely on the owner's property
and shall not overlap property lines. Fence designs and locations
must permit the fence to be maintained completely from the owner's
side of the property.
(3)
Height of fences. The height of all fences shall be as set forth
in the Table below.
(4)
Obstruction to vision. No fence shall create an obstruction to vision as defined in Article II.
|
Height of Fences
| ||
|---|---|---|
|
Maximum Height
(feet)(a)
| ||
|
Located on Parcels Used Predominantly For:
| ||
|
Type of Fence and Location
|
Residential or Open Space Use
|
Nonresidential or Resort Use
|
|
Fabricated materials fence
| ||
|
Located in:
| ||
|
Front yard
|
4
|
6
|
|
Side yard
|
6
|
6
|
|
Rear yard
|
6
|
6
|
|
Natural living fence
| ||
|
Located in:
| ||
|
Front yard
|
4
|
6
|
|
Side yard
|
6
|
6
|
|
Rear yard
|
6
|
6
|
|
Footnotes:
| |
|---|---|
|
(a)
|
Special situations requiring security, complete prevention of access or the provision of buffers to protect adjoining uses as required by § 350-33A, may have a higher fence if approved by the Zoning Hearing Board. The Board shall determine that such additional height is necessary to meet these objectives and also to protect the public safety and general welfare, and shall not adversely affect adjoining properties. In such cases, the Board may require that the fence be setback from the property line to preventing adverse effect on adjoining properties.
|
|
If approved by the Zoning Hearing Board, fences which are six
feet high or over may also be topped with special restrictive devices
where necessary to prevent access and provide security, provided that
the Zoning Board shall deem such devices to be safe and substantially
free from accident exposure.
| |
(5)
Removal of unsafe or nuisance fences. Any fence which obstructs vision as defined herein or which impedes vehicular or pedestrian traffic or which causes a fire hazard, restricts safe access, unduly restricts light or air and/or affects public or traffic safety, or which creates a nuisance as defined under § 350-28E(1) shall be removed. The Zoning Officer shall have the authority to direct the removal of such unsafe or nuisance fences or to direct the trimming or modification of any natural living fence or of any other vegetation so as to eliminate the unsafe or nuisance conditions.
(6)
Swimming pool fences. Private outdoor swimming pools shall be protected with a fence as set forth in § 350-27D above.
(7)
Fence materials and construction.
(a)
All fences shall be designed and constructed to serve as permanent
fences which are solidly constructed and which are capable of resisting
the effects of weather and which are permanently affixed in place,
except as provided below.
(b)
The following fences or fencing materials are specifically prohibited:
[1]
Razor wire fences.
[2]
Barbed wire fences except in areas used for agricultural purposes.
[3]
Picket or pointed fences which are less than 36 inches in height.
[4]
Canvas fences.
[5]
Electrically charged fences, except where required to control
animals.
[6]
Snow drift fencing.
[7]
Temporary fences such as snow fences and expandable fences and
collapsible fences, except when needed to meet emergency conditions
or during construction of a building.
(c)
All chain-link fences erected shall be erected with the closed
loop at the top of the fence.
(d)
All entrances or gates shall open into the property.
(e)
All fences or walls must be erected so as not to encroach upon
a public right-of-way or easement.
(f)
If the fence is wood cover on wood frame, the framework must
face onto the interior of the lot, unless the fence is so designed
as to provide equal frame and cover area to adjoining yards.
(g)
If the fence is open metal mesh, supported by posts and frames
of either pipe or wood, the posts and frames must be on the interior
of the mesh.
(h)
If the fence is of masonry construction, a finished surface
must be provided on the exterior side.
F.
Outside parking of vehicles. Only vehicles that are currently licensed,
currently registered, currently inspected and currently insured shall
be parked outside on any lot.
[Added 4-27-2009 by Ord.
No. 2009-07]
G.
Fuel tanks. Tanks or storage containers of any kind in excess of
50 gallons used for fuel or other flammable, combustible or hazardous
liquids, gases or solids shall be secured to the ground to prevent
movement by wind, water or other elements and shall meet the requirements
of the National Electric Code.
[Added 4-27-2009 by Ord.
No. 2009-07]
Any legal nonconforming use or structure may be continued, repaired,
maintained and improved except as provided below. An application for
such changes shall be submitted to the Zoning Officer.
A.
Enlargement. Such nonconforming use or structure may not be enlarged
more than 40% of the existing floor or ground area except for existing
junkyards which may not be enlarged. Such enlargement shall not exceed
the maximum height or maximum building coverage requirements set forth
in Schedule II[1] for the district in which such nonconforming use is located and shall be accompanied with the required off-street parking spaces to serve the expansion as set forth in § 350-29.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
Restoration. If no more than 75% (measured by its total floor area
or use on a lot) of an existing nonconforming use or structure is
damaged or destroyed, then a permit for its restoration may be obtained
if such application is filed within 180 days of the initial damage
or destruction, and restoration is completed within 24 months of the
issuance of the permit.
C.
Discontinuance. No such use or structure may be reestablished after
it has been discontinued or vacated for a period of 24 months. Also,
a nonconforming use or structure when razed or removed from premise
shall not be relocated except in conformity with the regulations of
the district to which it is moved.
D.
Change of use.
(1)
A nonconforming use or structure may be changed to another nonconforming use or structure only if such use is listed in the same use class subcategory in which the nonconforming use or structure is first listed, as set forth in § 350-14. A permit for such a change may be approved by the Zoning Officer provided that the Zoning Officer shall determine that the following conditions which are generated by the proposed use are not greater than those generated by the existing nonconforming use at any time for a period of two years prior to the proposed change:
(a)
Number of employees.
(b)
Amount of employee and visitor parking required.
(c)
Number of commercial vehicles serving the proposed use and number
of such vehicles to be parked at the premises or vicinity of the use.
(d)
Traffic volumes and congestion to be generated.
(e)
Adverse environmental effects generated by the proposed use.
(2)
A proposed change to a nonconforming use which is not and the Supervisors
as required in this chapter. In such cases, the Supervisors may approve
such change only if it determines that the change is equal or more
appropriate to the character of the district and neighborhood in which
it is located. Such a determination shall be based on a consideration
of the same factors listed above for consideration by the Zoning Officer.
E.
Termination. Certain types of nonconforming uses or structures which
present a special nuisance or hazardous condition shall be terminated
as follows:
(1)
General nuisances. Upon a complaint registered by the Zoning Officer from 50% of the property owners within 500 feet of a nonconforming use which is considered to be a general nuisance or which is not in compliance with the performance, environmental and traffic impact requirements of § 350-19A, or is operated in a manner which adversely affects adjoining or nearby properties or disrupts the peace and tranquility of the area during early morning or night time hours, or is otherwise considered to be a hazard to the health, safety, welfare and morals of persons residing or working in or using the area, the Supervisors shall hold a hearing and make a finding with respect to the nuisance, hazardous condition or adverse performance, environmental or traffic impact which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Supervisors after consideration of the seriousness of the condition and time required for the reasonable amortization of the capital investment in such uses or as may be provided for by the laws of the Commonwealth of Pennsylvania.
A.
Off-street parking.
(2)
Said Schedule VI shall apply only to any new construction, new uses or to the enlarged section of any addition which may be approved by the Township after the effective date of this chapter, subject to the provisions of § 350-29B(6) below.
B.
Parking design requirements. Dimensional and other requirements for
the design and use of off-street parking facilities are set forth
below:
(1)
Size of individual parking spaces: 9.5 feet wide by 19 feet long,
except for parking spaces for ADA accessible handicapped persons (see
42 U.S.C. § 12101 et seq.).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Off-street parking. Dimensional requirements for parking bays and
parking lots using different parking angles; 90° parking provides
the maximum number of spaces per square foot.
|
Parking Angle
(degree)
|
Aisle Width
(feet)
|
Directional Traffic Flow Access
|
|---|---|---|
|
90
|
24
|
Two-way
|
|
60
|
18
|
One-way
|
|
45
|
13
|
One-way
|
|
30
|
12
|
One-way
|
(3)
At least one of every 10 parking stalls provided should be designated
for use by handicapped persons.
(4)
Parking spaces shall have adequate and well-designed ingress and
egress and shall be located on the same lot as the use to which they
are accessory or within a radius of 400 feet in the same district
or in an adjoining district when approved by the Board.
(5)
No-impact home-based businesses require one additional parking space
for a total of three per residential parking areas compared to a conventional
residential units without a home-based business.
(6)
Notwithstanding the requirements of Schedule VI herein, all proposed commercial and industrial development proposals shall include an estimate of the maximum number of employees, visitors and customers or other personnel expected to be generated at the proposed development at any one time during the peak working hour of the day. This estimate shall be compared to the number of parking spaces required by Schedule VI. The Zoning Officer may require the higher estimated number to be used as a basis for determining the number of parking spaces required. If the estimated number is less than the number of spaces required by Schedule VI, the applicant may request that a lessor number of spaces be developed subject to the requirements of § 350-29D(4) below.
(7)
Special requirements for ADA Accessible Handicapped Parking Requirements
are presented on pages 140b and 140c following Schedule VI.[2]
|
Schedule VI
| |
|---|---|
|
Regulations for Off-Street Parking Spaces(a)
| |
|
Type of Use(b)
|
No. of Parking Spaces Required(d)(e)
|
|
Recreation and open space uses
| |
|
Agriculture, forestry
|
1 per employee
|
|
Outdoor recreation
|
1 per 2 potential peak day users or 1 for every 3 persons of
total capacity, whichever is greater.
|
|
Indoor recreation
|
1 for every 3 persons of total capacity or 1 for every 200 square
feet, whichever is greater.
|
|
Residential
| |
|
Conventional residential dwelling units
|
2 per dwelling unit.
|
|
No-impact home-based business
|
3 per dwelling unit
|
|
Residential care facility for the elderly
|
1 per dwelling unit, plus 1 for 2 employees
|
|
Residential retirement complex
|
2 per dwelling unit.
|
|
New dwelling units created by approved conversions
|
1 per 1 dwelling unit.
|
|
Resort development
|
Cumulative totals of more specific lodging, recreation, eating
and drinking facilities and other uses.
|
|
Lodging
| |
|
Motels, hotels and inns
|
4 for every 3 sleeping rooms.
|
|
Bed-and-breakfast homestead
|
1 rental bedroom, plus 2 for the residents
|
|
Rooming houses and dormitories
|
1 for every bed
|
|
Campgrounds
|
2 for every campsite, cabin or recreational vehicle
|
|
Camps to serve children (under age 16)
|
1 for every 2 beds
|
|
Camps to serve young adults and older
|
1.5 for maximum occupancy permitted
|
|
Eating and drinking establishments
| |
|
Restaurants and dining facilities
|
1 for every 3 seats or 3 per 100 gross square feet, whichever
is greater(c)
|
|
Nightclubs, taverns, bars, cocktail rooms
|
1 for every 2 seats
|
|
Membership for private clubs, social halls and lodges
|
1 for every 200 gross square feet
|
|
Commercial
| |
|
Shopping centers
|
5 for every 1,000 square feet of net retail sales area
|
|
Retail, services, and commercial entertainment
|
1 for every 200 gross square feet
|
|
Banks and financial institutions
|
1 for every 200 gross square feet plus 1 for each 100 gross
square feet used to serve customers
|
|
Offices and office buildings
|
1 for every 200 gross square feet
|
|
Gasoline service stations
|
1 for each 150 gross square feet
|
|
Auto rentals or sales
|
1 for each 100 gross square feet
|
|
Funeral homes
|
1 for each 4 chapel seats plus 1 for 2 employees, plus 1 for
every square feet of aggregate floor area in viewing rooms or parlors
|
|
Bowling alleys
|
5 for each alley
|
|
Medical and related facilities
| |
|
Hospitals
|
1 for every 1.5 beds
|
|
Nursing homes and group homes
|
1 for every 3 beds
|
|
Medical, dental and veterinarian
|
3 for every doctor, dentist or professional offices and clinics
person, plus 1 for every other 2 employees
|
|
Educational facilities
| |
|
Commercial and other schools
|
1 for every 5 classroom seats
|
|
Places of assembly
| |
|
Churches, theaters, auditoriums and other places
of assembly including spectator recreation and cultural facilities
|
1 for every 50 gross square feet or 1 for every 3 seats or persons
to be accommodated, whichever is greater(c)
|
|
Manufacturing and wholesale or warehouse establishments
|
1 for each 3 employees plus 1 for each 1,000 gross square feet,
but not less than 25% of the total floor area
|
|
Footnotes:
| |
|---|---|
|
(a)
|
This table applies only to new construction or to new uses and
to the enlarged section of any addition in all zoning districts. For
multipurpose facilities, use the cumulative total of all uses included.
|
|
(b)
|
For any use not specifically listed, the Zoning Officer shall
apply the requirements of that listed use which he determines to be
most similar, or shall analyze the maximum number of potential users
which the use is capable of attracting at least 20 times per year.
|
|
(c)
|
Where benches are provided in lieu of seats then each twenty-inch
width of bench shall be equivalent to one seat.
|
|
(d)
|
In addition to the above schedule, the number of parking spaces required above may be subject to change based on the requirements of § 350-29D(6) above and C below.
|
|
(e)
|
Special requirements for ADA Accessible Parking are set forth
on pages 140b and 140c following this page 167.[3]
|
C.
Off-street loading.
(1)
Every commercial, industrial, resort or other building which requires
the receipt or distribution by vehicles or materials or merchandise
shall provide one off-street loading space for each 10,000 square
feet of gross building ground floor area or part thereof and each
such space shall be at least 400 square feet in area.
D.
Development of parking and loading spaces. All off-street parking
and loading areas shall conform with the following:
(1)
Off-street parking and loading spaces may be developed on any required side, front, or rear yard, except that such spaces located in the residential districts shall have landscaping setbacks of at least five feet from any street right-of-way and from any side or rear yard lot line on which they abut. Such spaces shall be properly designed in relation to adjoining uses and/or buildings. Adequate barriers shall be provided to protect buildings and sidewalks, and screening shall be provided as required in § 350-33A.
(2)
The design of all parking areas shall give special attention to the applicable site design guidelines set forth in § 350-32D and special attention to avoidance of the following problems:
(a)
Shielding of lighting fixtures to prevent glare and control of light intensities on adjoining properties. (Also see § 350-33I.)
(b)
Proper design to prevent vehicles from backing out into public
streets and to promote safe traffic circulation.
(c)
Proper grading and management of stormwater runoff.
(d)
Screening and planting along perimeter of parking areas to protect
adjoining properties and to enhance appearance of the area, including
evergreen shade trees and shrubbery.
(e)
Reservation of parking space(s) for use by handicapped persons.
(3)
All required residential parking areas which are accessory to individual
dwelling units shall be surfaced and properly graded with either a
four-inch gravel surface or with a durable bituminous or concrete
paving material and shall be approved by the Zoning Officer. All commercial,
industrial and other types of required parking and loading spaces
shall be surfaced with durable bituminous or concrete paving material
and shall be properly graded and drained to dispose of all surface
water.
(4)
At the time of submission of any zoning application requiring off-street
parking facilities, the zoning applicant may request and the Township,
after receipt of a recommendation from the Planning Commission, may
permit a reduction in the number of parking spaces to be paved if
the applicant demonstrates that the full number of spaces as required
herein will not be necessary to serve the proposed use for a period
of five years. Such a reduction in the number of paved parking spaces
required shall not relieve the applicant from the submission of an
overall plan for the parking lot which designates the total number
of parking spaces as required by Schedule VI. Said plan shall indicate
those spaces which are to be paved for immediate use and the remaining
unpaved spaces which are reserved for potential use as required by
this chapter.
(5)
Spaces shall be arranged and marked for the orderly and safe movement, loading, parking and storage of vehicles and shall be adequately illuminated if designed for use by more than three cars after dusk. All illuminated parking areas shall be designed to shield and prevent glare on adjoining properties in accordance with § 350-33I.
(6)
Exit and entrance driveways or access points shall be approved by
the Supervisors and shall be at least 20 feet wide for two-way driveways
and 16 feet wide for one-way driveways and shall not exceed 40 feet
in width and wherever practical shall not occupy the full length of
the streets, alleys, or other right-of-way from which they derive
their access, but shall be limited to well-defined points, and shall
be so designed to provide maximum safety for other adjoining or nearby
uses. This subsection applies only to nonresidential uses.
E.
Off-street parking in residential areas. On any lot used for residential
purposes in the R-1 and VCR-1 Residential Districts only one commercial
vehicle may be parked on the residential lot, except for commercial
use structures permitted in the VCR-1 Zoning District.
A.
Scope and applicability.
(1)
Signs may be erected, altered, maintained, used, removed or moved,
only in compliance with the provisions of this section and with any
other applicable Township regulations.
(2)
A zoning permit shall be required prior to the erection or alteration
of any such sign, except that changes in the copy of any sign or official
governmental signs shall not require such a permit.
(3)
Any existing signs which do not conform with the provisions of this
section shall not be altered or enlarged unless approved as a special
exception.
B.
General sign regulations.
(1)
No sign shall be erected which states that a property may be used
for any purpose not permitted by this chapter.
(2)
Signs referring to a use or product no longer in existence or available
shall be removed within six months after cessation of the original
use.
(3)
No sign shall be located or used in a manner that interferes with
traffic on a street by causing glare, an obstruction to vision as
defined herein, by causing confusion with traffic control devices
or through other means.
(4)
Illuminated signs adjoining or visible from nearby residential areas
shall be shielded to protect adverse effects or nuisances upon nearby
dwellings.
(5)
An awning, with or without graphics and visual displays shall not be considered to be a sign under this chapter, but shall be subject to the applicable accessory use requirements of §§ 350-25 and 350-27, except that all awnings which project over any public rights-of-way or private areas shall be subject to the requirements of § 350-30C.
(6)
No part of any sign, except for an official governmental sign, shall
be located within the official right-of-way of any street or alley,
unless specifically permitted herein.
(7)
Any vehicle to which a sign is attached in such a manner that the
sign is no longer incidental to the vehicle's primary purpose shall
be considered to be a freestanding sign subject to the sign provisions
for the zoning district in which the vehicle is located.
(8)
Every sign shall be constructed of durable materials and shall be
kept in good condition and repair.
(9)
Flashing and moving signs shall not be permitted in any zoning district.
C.
Location, height and projection of signs.
(1)
Location of signs. Unless otherwise provided for herein, all signs
may be located in any required yard area, but not closer than five
feet to any side yard property line or 10 feet to any road right-of-way
and may be freestanding or attached to a building or other permanent
feature on the site, excluding fences located closer than five feet
to any side yard property lines.
(2)
Height limitations. Signs shall not exceed the following height limitations:
(a)
Signs accessory to uses located in the OSC, A-1, R-1 and VCR-1
Zoning Districts shall not exceed 10 feet in height.
(b)
Signs accessory to uses located in the C-1, C-2, I-1 I-2, I-3
and VCR-1 Zoning Districts shall not exceed 35 feet in height.
(c)
No sign may be attached to a building in a manner which allows
it to exceed the roof height of the building.
(3)
Projection of signs.
(a)
No sign erected or replaced after the effective date of this
chapter shall project more than one foot over a public sidewalk or
street right-of-way, unless specifically approved by the Supervisors.
(b)
Signs which project over private areas shall conform with other
applicable Township requirements and shall be approved by the Supervisors,
but in all cases be at least 10 feet above the level of any area used
for pedestrian or vehicular traffic.
(c)
Signs attached parallel to the building which project more than
12 inches from the face of the building shall be at least eight feet
above the ground level.
(d)
The owners of all signs and awnings which project over any public
right-of-way shall provide insurance in an amount specified by the
Township sufficient to hold the Township harmless in the event of
any damage to life or property caused by such a sign in the public
right-of-way.
D.
Type of signs permitted in zoning districts. The size and type of
signs permitted in the various zoning districts are set forth below:
(1)
OSC, A-1, R-1 and VCR-1 Zoning Districts. The following signs are
permitted in the OSC, A-1, R-1 and VCR-1 Zoning Districts:
(a)
A simple name plate sign containing the name, address, professional
or home occupation activity of the occupant of the premises is permitted.
Such sign shall not be illuminated or be constructed of highly reflective
materials and shall not exceed one square foot in area. Such signs
shall be attached to the building to which they pertain.
(b)
A single identification sign or bulletin board, not exceeding
12 square feet in area is permitted, in connection with any church,
school, college, hospital, institution, park, playground, or other
similar public or semipublic use. Such signs may be attached to the
building to which they pertain and shall not be located within five
feet of all lot lines if they are freestanding.
(c)
A single identification sign attached to the building to which
it pertains and not exceeding 10 square feet in area is permitted
for any legally existing nonconforming use.
(d)
Any business or identification sign applicable to an approved
commercial use in the VCR-1 area or for an approved special exception
or conditional use, not exceeding 20 square feet in area which is
specifically approved by the Board or Supervisors, respectively.
(e)
In the A-1 District signs required for the conduct of agricultural
activities or related uses, including business identification signs
for permitted home based or rural area businesses shall be permitted.
Such signs shall not exceed 20 square feet and shall be limited to
two signs per farm and one sign for each home based or rural area
businesses.
(2)
C-1, C-2, I-1, I-2, and I-3 Zoning Districts. The following signs
are permitted in the C-1, C-2, I-1, I-2, and I-3 Zoning Districts:
(a)
Business or identification signs are permitted which direct attention to a business, profession, product, service, activity, use or entertainment sold or offered on the premises where such a sign is located. The total area of such a sign or signs shall not exceed 5% of the surface of the building façade or of the wall area on which the sign is mounted or to which the sign pertains, except as provided for in § 350-30D(3) below.
(b)
A single identification sign or bulletin board, not exceeding
24 square feet in area is permitted in connection with any church,
school, college, hospital, institution, park, playground or other
similar public or semipublic use.
(c)
A single identification sign, not exceeding 24 square feet in
area is permitted for any legally existing nonconforming use.
(d)
Advertising signs or billboards which direct attention to a
business, product, service, activity, use or entertainment not conducted,
sold or offered upon the premises where such sign is located. Advertising
signs shall not be closer to each other than 1,000 feet and shall
not exceed an area of 300 square feet.
(3)
Maximum size of signs in C-1, C-2, I-1, I-2 and I-3 Zoning Districts. The total square foot area of all signs located on any single parcel which are permitted under the provisions of § 350-30D(2) above shall not exceed one square foot for every one linear foot of lot width having frontage on a public street, provided that on corner lots only the longest dimension may be used and provided further that any single company or establishment may not exceed a total of 500 square feet.
(4)
Sign plaza. A sign plaza may be created by a group of commercial and/or industrial establishments for the purpose of providing an attractive landscaped area where various signs may be grouped together for the benefit and convenience of the public and to provide an integrated directory of information about these establishments. The total square foot area of all signs for these establishments, including those to be located in the sign plaza shall not exceed the maximum combined size of signs for all participating businesses as established in Subsection D(3) above.
E.
Design of signs. Wherever possible the applicant for any sign shall
consider the following design principles for the purpose of establishing
a coherent and attractive visual appearance for the area in which
the sign is located:
(1)
The height, size and general appearance of signs shall be consistent
in appearance and shall be of uniform height and layout and harmonious
with other adjoining signs located within 300 feet of the parcel.
(2)
Signs shall be visible from the street to both pedestrians and vehicular
passengers.
(3)
Signs shall not be designed to block the visibility of other adjoining
signs and wherever possible shall be attached flat or parallel to
the building to which they pertain and shall not project out more
than 12 inches from the face of the building.
(4)
Freestanding signs shall be set back from the property lines and
shall be consistent and harmonious with the size of the structure
to which they pertain and shall not detract from the visibility or
appearance of any adjoining structures.
(5)
Advertising signs and billboards shall not dominate the view of the
structures located within 500 feet of such signs.
F.
Prohibited signs. The following signs are prohibited in all districts:
(1)
Signs which in any way simulate official governmental signs that
are not concerned with the protection of the public health and safety.
(2)
Banners, spinners, flags, pennants or any moving object used for
commercial advertising purposes whether containing a message or not
may be permitted only for temporary time period not exceeding 60 days,
except that they are completely prohibited in the R-1 and VCR-1 areas.
(3)
Flashing, blinking, twinkling signs are prohibited, including signs
that alternately display the time and temperature.
G.
Temporary signs. Temporary signs not exceeding six square feet for
the sale or rental of individual properties and not exceeding 24 square
feet for identifying residential developments, developers, contractors
and/or realtors are permitted in all districts while property is under
construction or offered for sale or rental. Such signs shall be removed
within 10 days of the date of the final sale or rental of the property.
H.
Political signs.
(1)
A sign designed, intended or designated to influence the actions
of voters for either the passage or defeat of a law, statute, ordinance,
amendment, rule, regulations or other measures, or of a candidate
for nomination or election to public office in a national, state or
local election.
(2)
Any person intending to erect one or more political sign(s) shall
first apply for and receive a permit from the Township Secretary at
the Municipal Building. The applicant for such a permit shall include
the following information:
(a)
Name of person requesting a permit.
(b)
Copy of the sign or signs to be erected.
(c)
Agreement of the applicant to comply with all of the following
requirements:
[1]
The sign may be permitted in any Zoning District,
[a]
Sign shall be securely attached to a private owners
individual property to prevent accidental removal, displacement or
deterioration of the sign by wind, rain or snow.
[b]
Not erected earlier than 30 days prior to a scheduled
primary or general election or vote of a legislative or governing
body.
[c]
Not attached to any structure other than an owner's
individual property, except that such sign may be displayed in a window.
Permission from the property owner must be received before sign is
attached.
[d]
Not maintained for more than 10 days following
the primary or general election or the vote of a legislative or governing
body. Sign must be removed within 10 days.
[e]
Not attached to a utility pole, fence, tree or
other vegetation, except upon an owner's individual property.
[f]
Not located in or upon a public right-of-way.
[g]
Not erected in such a manner that it will, or reasonably
may interfere with, obstruct, confuse, or mislead vehicular traffic.
A.
Special events or activities.
(1)
Any applicant may submit a zoning application for the purposes of requesting permission to undertake or conduct a special event, activity or use (hereinafter referred to as a "temporary use") that shall be temporary in nature. Such a temporary use shall exist for a period of time not to exceed one year. Said application shall be submitted in accordance with the special exception use procedure established in § 350-16, and the temporary use shall be clearly related to the requirements for permitted uses set forth in this chapter.
(2)
Said application shall clearly set forth the following:
(a)
The exact purpose, nature and location of the proposed temporary
use, including all private and public lands and right-of-way involved.
(b)
The relationship of the temporary use to other uses permitted
in the zoning district.
(c)
The number of employees, spectators, participants or other persons
or agencies, equipment or other paraphernalia to be involved or used
in such temporary use.
(d)
Evidence that the Township will be held harmless from any unforeseen
adverse consequences resulting from such temporary use and evidence
of the availability of sufficient insurance coverage.
(e)
An evaluation of the traffic impact of said use based on the criteria and requirements of Schedule IV, Trip Generation Rates, included as an attachment to this chapter, and § 350-19B may be required.
(f)
The length of time for which a temporary use permit is requested.
(g)
Any special requirements, hardships or conditions to be imposed
on the Township or its residents or to other uses which may be affected
by the temporary use.
(3)
The Zoning Hearing Board shall review the proposed application as
a special exception use and shall reach a decision after receipt of
a recommendation from the Planning Commission as required by this
chapter.
(4)
The Zoning Hearing Board may reject the application or may determine that the temporary use is needed to support an existing or permitted use or to serve the needs of the majority of the Township or neighborhood residents affected by such use. Any approval of such a temporary use shall be subject to the applicable safeguards and procedures established in §§ 350-19 and 350-19B.
B.
Garage and yard sales. Only two garage and yard sales per residential
property are permitted per year in accordance with the permit requirements
of UMBT ordinance.
C.
Excavations and fill material.
(1)
Operations subject to state regulation.
(a)
All quarry or other noncoal mining operations are considered temporary uses under this chapter as required by § 350-31A above. Such uses which are subject to state or federal laws and to regulations of the PADEP shall require necessary permit(s) from the appropriate state or federal agency. Particular reference is made to the Commonwealth of Pennsylvania "Noncoal Surface Mining Conservation and Reclamation Act No. 1984-219," as it may be amended,[1] and to other requirements relating to the preservation
and protection of the environment and to preservation of water quality
in the Commonwealth as administered by the Pennsylvania Department
of Environmental Protection (PADEP).
[1]
Editor's Note: See 52 P.S. § 3301 et seq.
(b)
All excavations or placement of fill in wetland areas shall
be subject to the requirements of the Pennsylvania DEP and the Army
Corps of Engineers.
(c)
Such operations may take place in the Township only in those
areas where permitted by this chapter.
(d)
All applicants for such operations shall submit a copy of any
request for a state or federal permit to the Zoning Officer, together
with any plans required by these agencies for the reclamation of such
areas upon completion of the temporary use. The Zoning Officer shall
also require a zoning permit application form to be submitted plus
any other information required to properly evaluate the application.
Approval of any zoning permit for an operation permitted in the Township
shall be conditioned upon the receipt by the operator of any permit
required from the state.
(e)
The Township may present information to or request a public
hearing of PADEP to be held on such applications for a permit which
are submitted to the state.
(2)
Other excavations.
(a)
Any other excavations, regrading of the natural terrain where ground levels are affected by more than one foot, the removal of topsoil or other earth products, the placement of fill, or the alteration of drainage patterns may be permitted by the Zoning Hearing Board only as a temporary use as required in § 350-31A above. Such excavations must be adequately drained to prevent the formation of pools of water. The Zoning Hearing Board may require that such an excavation be enclosed by a fence if it is deemed to be a menace to the public health, safety and welfare.
(b)
Unless specifically permitted by the Zoning Hearing Board, open
excavations shall not be maintained, except those excavations made
for the erection of a building or structure for which a permit has
been issued.
(c)
The dumping of earth, gravel, rock or other materials not subject
to decay, noxious or offensive odors may be permitted in any zone
or any vacant land provided that the existing grade shall not be raised,
more than one foot above the grade of the nearest road, that hazardous
or nuisance conditions are not created, and that an unsightly appearance
or unstable slopes are not created. Industrial or other operations
requiring the dumping of such materials above the grade of the nearest
road may be permitted by the Zoning Hearing Board as a special exception
use subject to the receipt of any required permit from a county, state
or federal agency. In such a case, the Zoning Hearing Board shall
determine that such dumping is not a menace to the public health,
safety or welfare or a nuisance to nearby residential areas, or to
other uses.
(d)
Plans for operations affecting drainage patterns shall be submitted
by the applicant and studied by the Township's Engineer and appropriate
recommendations or conditions developed for consideration by the Zoning
Hearing Board. Necessary reviews from other affected agencies such
as the Northampton County Conservation District shall also be secured
prior to the issuance of any permit.
A.
Purpose and procedure. site plan review and the submission of a site plan is required herein for all special exception and conditional uses, or for any other use requiring such review in accordance with the requirements of Article IV or other provisions of this chapter. The following site plan procedure shall be followed to ensure the safe and efficient movement of traffic, adequate drainage and connection to utilities, compliance with other applicable regulations and to promote the development of an attractive and well planned Township, to enhance sound site planning and to best serve the interests of public health, safety and general welfare and with the objectives of this chapter.
B.
Optional sketch site plan review procedure.
(1)
In lieu of submittal of all of the site plan requirements itemized
below, the applicant may elect to submit a preliminary sketch site
plan, containing lesser information, for unofficial review by the
Planning Commission. Such optional sketch site plan shall be for the
purpose of indicating to the Planning Commission the general nature
and intent of the proposal which will enable the Commission to present
its initial considerations for the purpose of guiding the developer
in the preparation of the official final site plan, in accordance
with this chapter. The optional sketch site plan, if submitted, shall
not eliminate the submittal of a final official site plan as required
herein.
(2)
The entire purpose of this optional procedure is to facilitate the
proper development of a site plan, as required herein and to prevent
unnecessary expenses associated with the development of a site plan.
This optional procedure shall be considered to be a convenience for
the applicant and shall not constitute an official zoning permit application
or submission and shall not convey any benefits or assurances to the
applicant which he would not otherwise have had if such an optional
sketch site plan were not submitted by the applicant. All such optional
plans shall be clearly marked with the words "optional sketch site
plan."
C.
Site plan requirements. The official site plan shall include the
following information:
(1)
An application for a use located in a use class requiring site plan
review, as required by this chapter, shall be submitted to the Zoning
Officer. The applicant shall also submit five complete sets of site
plans certified by a registered engineer, surveyor, architect or Community
Planner with AICP Certification.
(2)
When a site plan has been officially submitted, it shall be placed
on the Planning Commission agenda for review at its next regular meeting,
provided the official submission is made 30 days or more before the
regular meeting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Within 45 days after the official submission of a site plan, the
Planning Commission shall make a written recommendation to the Zoning
Officer, the Zoning Hearing Board or the Supervisors, depending on
whether the zoning permit requested is for a permitted use, a special
exception use or a conditional use respectively, on whether the plan
should be approved or disapproved, including any conditions on which
an approval should be based. The written recommendation shall include
the underlying findings and reasons affecting the Planning Commission's
recommendation. In making such a recommendation, the Planning Commission
may receive advice and review comments from the Township's Engineer
or any other competent review authority designated by the Township.
(4)
The appropriate body (Zoning Officer, Zoning Hearing Board or the
Supervisors) shall take action by approving or disapproving the plan
either within 45 days after receiving the Planning Commission's written
recommendation, but no later than 90 days after the site plan is officially
submitted. The Zoning Officer shall inform the applicant in writing
of the action taken by the appropriate body, including the conditions
on which are attached to any approval and shall issue any applicable
permit.
(5)
Site plan approval shall neither relieve the applicant from any other
provisions of this chapter nor constitute a recommendation for a variance
or other relief that the applicant may seek from the Zoning Hearing
Board.
(6)
The following information shall be included on the site plan. Any
such information which is not considered applicable to the proposed
use may be waived by the Zoning Hearing Board or the Zoning Officer.
(a)
A statement as to the proposed use of the building or land.
(b)
A site layout drawn to a scale of not less than one inch equals
100 feet showing the location, dimensions and area of each lot, the
location, dimensions and height of proposed buildings, structures,
streets, roads, and any existing buildings in relation to property
and street lines. If the application relates to property which is
scheduled to be developed in successive stages, such plans shall show
the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
(c)
The location, dimensions and arrangements of all open spaces
and yards, landscaping, fences and buffer yards, including methods
and materials to be employed for screening.
(d)
The location, size, arrangement and capacity of all.
(e)
The dimensions, location and methods of illumination for signs
and exterior lighting.
(f)
The location and dimensions of sidewalks and all other areas
to be devoted to pedestrian use.
(g)
Sanitary and stormwater facilities and connections. Provisions
to be made for treatment and disposal of sewage and industrial wastes,
water supply and storm drainage. Submission of a stormwater management
plan with supporting calculations shall be required.
(h)
The capacity and arrangement of all buildings used or intended
to be used for dwelling purposes, including information on total land
area, area to be reserved in common open space, density, maximum building
coverage, total area to be covered with impervious surfaces and other
information which will assist the Commission in determining compliance
with this chapter.
(i)
A description of any proposed use in sufficient detail to permit the Commission to determine compliance with the performance, traffic impact, environmental protection and community impact analysis requirements set forth in § 350-19.
(j)
Necessary information assuring lot size and density requirements.
(l)
All proposed site grading; drainage provisions; road, driveway
and parking lot construction and proposals.
(m)
A key map showing the entire project and its relation to surrounding
properties and existing building thereon.
(n)
Soils, slopes, floodplain delineations and the boundaries of all Overlay District Areas set forth in Article V.
(o)
Certification by engineer or surveyor.
(p)
Certification of ownership and acknowledgment of plan by owner
or developer.
D.
Site design guidelines. In addition to the requirements of § 350-32C, the following guidelines are presented to assist the applicant in the preparation of site and building plans and to assist the Planning Commission in the review of all site plans. These guidelines are divided into nine categories and are meant to encourage creativity, innovation and well-designed developments. They not only apply to principal buildings and structures, but also to all accessory buildings, structures, freestanding signs and other site features.
(1)
Preservation of landscape. Preserve the landscape in its natural
state by minimizing tree and soil removal. Ensure that grade changes
are compatible with the general appearance of neighboring developed
areas.
(2)
Relation of proposed buildings to environment. Relate proposed structure(s)
harmoniously to the terrain and to existing buildings that have a
visual relationship to the proposed structure(s). To achieve this
favorable relationship between existing and proposed uses, create
focal points with respect to avenues of approach, terrain features
or other buildings and relate open space between all existing and
proposed buildings.
(3)
Drives, parking and circulation. For vehicular and pedestrian circulation,
including walkways, interior drives and parking, give special attention
to the location and number of access points to public streets, width
of interior drives and access points, general interior circulation,
separation of pedestrian and vehicular traffic, arrangement of safe
and convenient parking areas. Design these vehicular and pedestrian
areas to enhance the appearance of and access to the proposed buildings
and structures and to the neighboring properties.
(4)
Surface water drainage. Give special attention to proper site surface
drainage to ensure that removal of surface waters will not adversely
affect either neighboring properties or the public storm drainage
system. Remove and efficiently carry away all stormwater from all
roofs, canopies and paved areas. Manage surface water in all paved
areas to permit vehicular and pedestrian movement.
(5)
Utility service. Place electric and telephone lines underground, where possible or required by Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel. Locate, paint and under take any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties.
(6)
Advertising features. Ensure that the size, location, lighting and
materials of all permanent signs and outdoor advertising structures
or features will enhance rather than detract from the design of proposed
buildings and structures and the neighboring properties.
(7)
Special features. Provide needed setbacks, screen plantings and other
screening methods for exposed storage areas, exposed machinery installations,
service areas, truck loading areas, utility buildings and structures
and similar accessory areas and structures to help make them compatible
with the existing or contemplated site design and with neighboring
properties.
A.
Screening requirements. Adequate screening, as described herein,
shall be provided along the front, side, and rear boundaries of any
industrial, manufacturing, commercial, public or resort use which
is carried on outside of any completely enclosed building, or for
any off-street parking or loading area for more than five vehicles,
which abuts a residential area or zoning district or which is directly
visible or across a street or alley from a residential area, or along
the boundaries of any other use where such screening is required by
this chapter, or for any special exceptions or conditional use as
required by the review of the Board or the Supervisors.
(2)
Open construction or storage yards, solid waste transfer stations
and recycling centers, detention centers or similar uses as determined
by the Board shall be screened in accordance with the provisions of
this section.
(3)
Screening shall also be provided to prevent infusion of light and glare into residential areas from outdoor lighting fixtures provided by commercial, industrial and other operations (see § 350-33I).
(4)
The Zoning Hearing Board or the Supervisors (for special exception
or conditional uses, respectively) may waive any screening requirement,
in part or in its entirety, where natural terrain considerations eliminate
the need for such a screen or where access considerations or adjoining
development would not substantially benefit from such a screen, as
determined by either body.
(5)
Such screening shall conform with the applicable fence requirements of § 350-27E and consist of a visual screen or obstruction of sufficient height, but not less than six feet high, to effectively obscure the area being screened from adjoining uses. Such a screen or obstruction shall consist of a suitable permanent fence or wall or of appropriate planting materials such as shrubs, hedges or trees located within a buffer strip having a minimum width of five feet. Such fence, wall, or planting materials shall be maintained in good condition without any advertising thereon.
(6)
Any space between such fence, wall or planting materials and adjoining
lot lines shall be attractively surfaced and/or landscaped with grass,
hardy shrubs or evergreen ground cover and maintained in good condition.
B.
Slope of yards. The surface area of any yard of open space adjacent
to a building or structure shall be graded so that surface water will
be drained away from any such structure.
C.
Design of highway (nonresidential) development. It is the objective
of this chapter to encourage the orderly development of commercial,
industrial, and other nonresidential parcels in a manner which will
provide for proper access and reduce traffic conflicts and provide
for the health and welfare of the population of the municipality.
This shall be accomplished as follows:
(1)
The design of streets, service drives and pedestrian ways shall provide
for safe, convenient and hazard-free internal circulation of goods,
persons and vehicles.
(2)
Except as provided in § 350-22C nonresidential parcels shall be limited to no more than one driveway access point from the street or highway from which they derive their principal access. Such driveway access points shall not be more than 40 feet wide and shall be designed in a manner which will minimize their interference with any traffic movements on the street or highway. The need for a second access point may be requested as a special exception, provided that it does not create potential unsafe traffic conflicts.
(3)
Where a number of individual parcels or buildings are being developed
jointly or where a parcel or building is being developed adjacent
to another parcel used or suitable for nonresidential development
consideration shall be given to the following:
(a)
The location and planning of driveway access points to permit
their joint use by adjoining parcels so as to minimize the number
of intersections with the street or highway from which they derive
their access.
(b)
The development of parking and loading areas which permit convenient
traffic circulation between adjoining parcels.
(c)
The development of pedestrian walkways between adjoining parking
areas and buildings.
(d)
The provision of landscaping and other features which will enhance
the usability, character and attractiveness of the area.
D.
Animals and fowls.
(1)
In any district except for the OSC and A-1 Zoning Districts the establishment, maintenance, and operation of boarding stables, dog kennels, boarding kennels, aviaries, or similar facilities for the housing, boarding, service, treatment, care, breeding or sale of animals and fowls is prohibited, except for animal hospitals, kennels and veterinarian offices as set forth in Article IV.
(2)
The provisions of this section shall not apply to the keeping of
pets, or other animals for noncommercial purposes which are otherwise
permitted by this chapter and which are the personal property of persons
residing on the premises, provided that such animals shall not create
nuisance or health problems.
E.
Size of dwellings.
(1)
In order to promote the public health, safety and welfare of occupants
residing in residential dwelling structures, the following minimum
floor areas for human habitation shall be required in all dwelling
units designed for permanent occupancy. Where a greater minimum floor
area is required by any applicable code or ordinance that higher minimum
shall apply.
|
No. of Bedrooms
|
Minimum Floor Area
(square feet)
|
|---|---|
|
Efficiency unit
|
450
|
|
1 bedroom
|
575
|
|
2 bedrooms
|
700
|
|
3 or more bedrooms
|
800 + 100 for each additional bedroom exceeding 3
|
(2)
No dwelling unit shall be less than 12 feet wide.
F.
Access to public streets. No new lot shall be created which does not have direct access to a street as defined herein. Such access portion shall have a right-of-way width of at least 33 feet or as required by Chapter 298, Subdivision and Land Development, of the Code of the Township of Upper Mount Bethel, whichever is greater.
G.
Prohibited uses. The following uses shall be prohibited in any zoning
district.
(1)
Prohibited uses.
(a)
Obscene materials or activities. Any use involving activities
which constitute violation of 18 Pa.C.S.A. § 5903, as amended,
or as defined herein relating to display, sale, lending, distribution
or exhibiting of obscene and other sexual materials are prohibited
in every zoning district. The exhibition or dissemination of obscene
materials or activities, as defined herein, which do not constitute
a violation of 18 Pa.C.S.A. § 5903, as amended, shall only
be permitted in a zoning district which clearly lists such a use,
and all such uses shall be conditional uses as defined herein.
(b)
Any use that involves the use, production, manufacture, or refinement
of dangerous and hazardous materials, chemicals or other products.
(c)
Any use not in compliance with air pollution standards of the
Commonwealth of Pennsylvania and federal standards and regulations.
(d)
Any use not in compliance with water pollution standards of
the Commonwealth of Pennsylvania and federal standards and regulations.
(e)
Sky rides, ferris wheels, roller coaster, shooting galleries
and similar recreation center devices. This does not include such
facilities associated with transient fairs, carnivals, circuses or
other similar traveling amusements.
(f)
Manufacture or storage of explosives or fireworks in violation
of acts of the PA Legislature and federal standards and regulations.
(g)
Dump or landfill.
(h)
Artificial lighting facilities of any kind which create glare
beyond the lot line.
(i)
Any use involving the production, use, storage, or disposal
of radioactive materials in any form, except those necessary for radiology
and radiography.
(j)
Electric power generation fueled by nuclear energy in any form.
(k)
Equipment utilized to generate electric power.
(m)
Storage of one (or more) boats (whether or not the boat is currently
licensed, inspected and/or registered) in excess of 24 feet, camper/motor
home or commercial vehicles of 35,000 gross vehicle weight, on any
lot, tract, parcel or piece of ground.
[Added 4-27-2009 by Ord.
No. 2009-07]
H.
Cemeteries. Cemeteries may be permitted by the Zoning Hearing Board as a special exception use in the A-1 Zoning District, provided that such uses are licensed by the Commonwealth of Pennsylvania. No burial plot shall be permitted in areas which are located in the 100-year floodplain as set forth in Chapter 141, Floodplain Management, or in areas with a high seasonal water table where the cemetery may contaminate private wells or water supplies. All burial plots shall be located at least 50 feet from all property lines.
I.
Outdoor lighting.
(1)
Outdoor lighting shall be provided wherever necessary to preserve
safety, security and nighttime use and enjoyment of property in commercial,
industrial and other operations. Said lighting shall be designed by
qualified competent personnel in conformance with applicable building
and electrical codes and with federal and state standards.
(2)
Such lighting facilities have the following objectives:
(a)
Encourage lighting facilities and practices that direct appropriate
amount of outdoor lighting where and when it is needed.
(b)
To promote nighttime safety and to eliminate accidents for employees,
customers, vehicles and on a property after dusk.
(c)
To encourage the use of emerging energy efficient sources and
to eliminate glare resulting from over lighting and poorly shielded
or inappropriately directed lighting (luminaries).
(d)
Lighting facilities designed to serve commercial, residential,
recreational and other nonresidential land uses shall be designed
to reduce glare and to prevent adverse spillage of light on to adjoining
residential and institutional areas. This shall be accomplished by
using the following applicable practices:
[1]
Light pollution which creates adverse affects for adjoining
uses and light trespass which causes light to fall where it is not
wanted or needed, typically across property boundaries is prohibited.
[2]
Lighting fixtures (luminaries) shall be kept as low as possible
to prevent spillage of light on to adjoining residential or institutional
or other land uses where such lighting is not required (not higher
than 25 feet from and not closer than 30 feet from any the boundaries
of residential or institutional areas).
[3]
Commercial, industrial and other uses requiring nighttime (after
dusk) lighting facilities shall not be located any closer than 30
feet to any adjoining residential or other institutional properties.
[4]
All lighting fixtures shall be shielded to prevent glare being
aimed up into the sky unless otherwise approved by the Zoning Hearing
Board. Luminaries, including spotlights shall be aimed no higher than
45° above the ground, and shall not be directed to prevent spillage
of light on to adjoining residential and institutional properties.
[5]
Laser source light or similar high intensity light for outdoor
advertising or entertainment when projected above the horizontal is
prohibited.
[6]
At the edge of any residential zone or property, bordering other
uses which generate lighting, the highest lumen capacity level shall
not exceed 1,000 lumens per net acre.
A.
Applicability. All principal habitable, work place or other structures
and facilities occupied or used by human beings on a continuing permanent
or temporary basis shall provide permanent water supply and sewage
service facilities to serve the occupants and users of these facilities
in accordance with the policies set forth below.
B.
Types and location for water and sewer services.
(1)
(2)
Sewer and water policies and requirements. Policy for sewer and water
facilities shall conform with the following:
(a)
Comprehensive Plan. The statement of Community Development Objectives, approved herein by the adoption of this chapter, which has been developed for inclusion in the Township's Comprehensive Plan. Said Objectives are hereby set forth in § 350-5 and Attachment A[1] of this chapter.
[1]
Editor's Note: Said attachment is on file in the Township
offices.
(b)
(c)
PADEP requirements. PADEP's requirements for the provision of
both public and private central sewer and water facilities and for
the installation of individual private on-lot sewage disposal systems
and on-lot water systems shall apply in all cases and shall be considered
to be the minimum standards to be used to provide the types of sewer
and water services required by this chapter.
C.
Interim policy for location of various types of water and sewer services.
(1)
(2)
Growth area.
(a)
Future growth area of the Township will coincide with any Act
537 Sewage Facility Plan adopted and approved by the Township Supervisors.
(b)
Developers with proposals for development in such areas should
confirm the status of the Township's Act 537 planning process prior
to submitting plans for development of uses which are consistent with
the use requirements of this chapter.
(c)
In the interim, prior to completion of any final Township proposed sewer plans, developers may rely on the provision of on-lot sewage and on-lot water systems as required below or in some cases on the installation of private central sewer and on-lot water systems for a limited number of specific uses as set forth under Subsection C(3) below.
(3)
Private central sewer systems.
(a)
Private central freestanding sewer or water systems (sometimes
referred to as "community systems") may be permitted by the Supervisors
as a conditional use only for the following uses in any location in
the Township, provided that the proposed use is in conformance with
the uses permitted in the district in which it is to be located:
[1]
Public or institutional uses of various types to be approved
by the Supervisors which are to be carried out by the Township, school
district or other public nonprofit agency, or utility company that
provides an essential service to the Township.
[2]
Uses which fall under this category may also include municipal
buildings, public schools, recreation areas, permanent open space,
facilities to serve handicapped persons and special facilities which
primarily serve handicapped persons; and other similar uses as determined
by the Supervisors.
(b)
In those cases described above where such facilities may be
approved by the Township, the applicant must provide firm and permanent
arrangements for the upkeep and maintenance of these facilities prior
to approval by the Supervisors.
A.
CAMP or ORGANIZED CAMP
CAMPGROUND
CAMPING FACILITIES
CAMPSITE
RECREATIONAL VEHICLE
TENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of programs and facilities organized and established
for the primary purpose of providing an outdoor group living experience
for children, youth and adults, with social, recreational and educational
objectives and operated and used for five or more consecutive days
during one or more seasons of the year. Facilities may include bunkhouses,
tent platforms, mess hall and cooking facilities, recreation and play
fields and necessary sewage and water facilities. Camps or organized
camps are not designed for permanent year-round occupancy.
A campground is a plot of ground, at least 10 acres in size
upon which two or more campsites are located, established and maintained
for temporary occupancy by persons using travel trailers, recreational
vehicles, campers, tents and related camping equipment. Campgrounds
are not designed for permanent year-round occupancy.
Shall include recreational vehicles, tents (as defined below),
and accessory equipment such as boats, canoes, kayaks and related
vehicles, including off-trail vehicles and other camping implements.
A campsite is a plot of ground within a campground intended
to be occupied by a travel trailer, recreational vehicle, camper or
tent located in a designated site area in the campground.
Includes automotive or other vehicles such as passenger vehicles
or pickup truck or small truck, sports utility vehicles (SUV) or van,
a camper, station wagon, or travel trailer on wheels, an all terrain
vehicle (ATV), or other automotive device on wheels. All such vehicles
shall not exceed a weight of 15,000 pounds or a length of 45 feet
and where applicable, the vehicle shall be licensed and registered
as required by the Commonwealth of PA.
A temporary enclosure suitable of being assembled and dismantled
in a convenient manner for use as a place of temporary residence and
storage for camping facilities by campers registered to assume occupancy
at an approved campground and campsite in the Township. Said temporary
enclosure may be constituted of fabric or other pliable material supported
by a framework of poles, ropes and stakes driven into the ground or
other similar devices, excluding support by air or by the contents
of the enclosure which are protected by the fabric. The horizontal
area covered by the fabric or other pliable materials shall not exceed
500 square feet.
B.
Compliance with state requirements. Organized camp and campground
areas shall be in compliance with the requirements of this chapter
and with the following Commonwealth of PA regulations:
(2)
Title 25 rules and regulations by PA Department of Environmental
Protection.
(b)
Said Chapter 191 establishes rules and regulations for the following:
[1]
Submission of plans to the PADEP.
[2]
Waiver of requirement.
[3]
Water supply.
[4]
Plumbing.
[5]
Sewage disposal.
[6]
Bathing places.
[7]
Vector control.
[8]
Permits.
[9]
Toilet facilities.
[10]
Organized camps.
[11]
Campgrounds.
[12]
Sanitary station.
[13]
Garbage and refuse.
[14]
Disposal.
[15]
Cleaning of area.
(c)
All other applicable requirements and receipt of necessary permits
from the PADEP and the PA Deparment of Health are required.
C.
Approval of Zoning Hearing Board.
(1)
Zoning applications for campgrounds shall be submitted to the Upper
Mount Bethel Township Zoning Officer for review by the Zoning Hearing
Board as a special exception use as required herein.
(2)
The application shall include submittal of the following:
(a)
Submittal of a site plan in accordance with § 350-32, Site plan review, of this chapter. The applicant may elect to initiate the process with the submittal of an optional sketch site plan prior to submittal of the official site plan.
(b)
Said site plan or optional sketch site plan shall be accompanied with a narrative statement clearly identifying and explaining the proposed uses on the site and any other factors necessary for a complete explanation of the plan, in accordance with § 350-32.
(c)
Other information considered necessary by the applicant.
(3)
The Zoning Hearing Board, prior to approval or denial of such uses
as a special exception shall undertake the following:
(a)
Review of the completed official site plan and narrative and
the information submitted to PADEP and the PADOH and specifications
for the use(s) proposed by the applicant.
(b)
Determine conformance of plans with the PA Department of Health
and PADEP requirements referred to above.
(c)
Determine conformance with the following additional requirements
of this chapter:
D.
Location of campground areas.
(1)
Campground areas may be located in the OSC and A-1 Zoning Districts,
but no closer than 300 feet from any established village or existing
or proposed residential subdivision exceeding 20 homes.
(2)
Campground areas located in designated 100-year floodplain areas or the Floodway shall be subject to the FEMA floodplain requirements and to Chapter 141, Floodplain Management, of the Upper Mount Bethel Township Code.
(3)
Campers/trailers or tents or other permanent structures shall not
be permitted in the designated floodway.
(4)
Campers/trailers located in the designated floodplain area must be
road ready at all times for removal to higher ground with only the
need to shutoff electric service, water and other utilities services
to facilitate quick removal by the management of the campsite.
E.
Occupancy of campsite units.
(1)
Campgrounds and campsite units are seasonal recreational uses and
permanent year-round occupancy of campground sites is prohibited.
(2)
Only camping facilities, including recreational vehicles, tents and
accessory equipment (as defined herein) shall be used for temporary
occupancy during the on season.
(3)
No recreational vehicles or tents shall be used as a permanent place
of abode, dwelling or business. The campground is for temporary recreational
use only as further set forth below. Any action toward removal of
wheels of a recreational vehicle except for temporary purposes of
repair is hereby prohibited.
(4)
Recreational vehicles and tents used for camping or recreational
purposes shall not be permanently fastened to the ground by construction
or attachment to a permanent foundation or other permanent device.
Such vehicles may temporarily be secured in place by ground stakes
or other devices to prevent movement or displacement by temporary
occurrences and emergencies such as high wind velocity, hurricane,
earthquake, flooding or other events, but the vehicles must be capable
of being easily released from these restraints.
(5)
No attachment of permanent structures to recreational vehicles or
tents to enlarge living space or for any other purpose is permitted,
except for a deck not higher than six inches off the ground to serve
as a base for a tent.
(6)
Recreational vehicles and tents shall not be used as a permanent
address for enrollment of children at public or private schools. Bus
service to transport children or adults to schools or other destinations
on a regular daily or weekly basis is prohibited.
(7)
Buses are not permitted in campgrounds unless approved by the management
of the campsite area for some special activity or event.
F.
Length of season.
(1)
Campgrounds are available to serve the recreation needs of a seasonal
or transient population and the campground area may be operated as
follows:
(2)
The management of the campground area may undertake repair, improvement
and maintenance of campground sites when they are not occupied by
campers.
G.
Storage of camping facilities on designated campsites. Recreational
vehicles and tents, as defined herein, including accessory equipment,
such as boats, canoes, kayaks and related vehicles including off-trail
vehicles are hereinafter referred to as "camping facilities." Such
camping facilities may be stored in the campground under the following
conditions:
(1)
The camping facilities are registered with the management of the
campground for occupancy at a designated campsite during the current
on season of the year.
(2)
Camping facilities may be stored in an area which is not located
in the designated 100-year floodplain, a period of eight months in
any single year. In addition, such storage in the 100-year floodplain
is permissable if camping facilities being stored are maintained in
a road ready manner which permits their immediate removal to another
designated safe area outside of the floodplain. In the event of an
emergency any such storage of facilities shall be immediately reported
to the Township Supervisors and to the applicable Police and Fire
Departments serving the Township.
(3)
Vacant, stored camping facilities shall not be occupied or used while
they are in storage and all utilities shall be disconnected.
H.
Other storage of camping facilities.
(1)
Storage of vacant unused camping facilities may be located in a separate
designated temporary storage area of the campground apart from the
main area where the occupied units are normally located. These facilities
may be located on smaller sized plots with adequate vehicular access,
but are not suitable for occupancy. The purpose of this area is as
follows:
(a)
To provide space for trailers/campers or tents awaiting location
on a designated campsite during the on season period.
(b)
To permit repair of units.
(c)
To provide space for units which must be removed from the 100-year
floodplain during the off season.
(d)
For other emergency temporary storage purposes.
(2)
The number of units which may be stored in the temporary storage
area may not exceed the total number of designated campsites.
(3)
Storage of camping facilities in this area or in any other area of
the campground shall not be used as a sales yard or display area for
the storage of units which are being made available for sale to the
general public.
I.
Improvements and maintenance of facilities.
(1)
Facilities shall be maintained by the designated operator or owner
of the site to ensure adequate condition of roads and parking areas
and safe ingress and egress to all campsites.
(2)
Roads shall be improved with an adequate subsurface and gravel base
subject to approval of the Township Engineer. Paved wearing surface
may be required if necessary for safety and traffic purposes.
(3)
All electrical, water and sewage systems shall be inspected and repaired
on a regular basis to ensure the protection of public health and safety
of all occupants of the campsites.
(4)
Off-street parking areas shall conform with the requirements of this
chapter.
(5)
Landscaping and buffers shall be provided to provide privacy and
to screen adjoining areas or views of the site from the public road.
(6)
Trees shall be trimmed and dead wood removed.
(7)
Necessary grading shall be provided, where necessary, to improve
adverse drainage conditions affecting campsites.
(8)
Showers/bathhouse and toilets shall be cleaned daily to prevent transmittal
of disease during the on season.
(9)
The management shall establish a regular maintenance schedule for
review by the Township. The condition of facilities shall be in compliance
with the requirements of the PADEP and the PA Department of Health.
J.
Permanent open space in campground area.
(1)
This section requires the preservation of at least 40% of the total
campground area to be kept in permanent open space for as long a period
of time as the campground remains in existence. If the campground
size is large enough it may be possible for the campground owner to
allocate a higher percentage of land to be preserved for permanent
open space.
(2)
If available, additional open space land will further enhance the
camping experience for users of the campground.
(3)
Uses permitted in the permanent open space area.
(a)
The purpose of the open space allocation is to provide a protected
area which is to be kept in its natural condition without development
of campsites for occupancy by campers. It will permit the preservation
of trees, shrubs, grasses and other plant life and serve as a natural
wildlife sanctuary for the protection of wildlife in the area.
(b)
A system of low impact trails can also be developed for low
intensity uses which campers can use for hiking, bird watching, access
to fishing and boating areas, nature study, including access to primitive
style picnic areas, woodlands and wildflower enclaves.
(c)
It can become a favored experience for users of the campsite
and provide greater enjoyment of an outdoor shared experience for
all family members, including children, older adults, teenagers and
younger adults.
(d)
It will also increase attractive qualities of the campground
and become more attractive to potential campground users by increasing
their appreciation of nature, their understanding of why preservation
of the environment enhances all of our lives.
K.
Minimum area requirements. Minimum area, open space, roadway width
requirements, individual campsite areas and community facilities and
other requirements are set forth on the Schedule below.
|
Schedule VII
| |
|---|---|
|
Minimum Development Requirements
| |
|
For Campgrounds and Campsites
| |
|
Campground Element
|
Requirement
|
|
Minimum campground tract area
|
10 acres
|
|
Minimum permanent open space required
|
40% of tract
|
|
Minimum private roadway requirements
| |
|
One-way roads
|
18 feet R/W
|
|
12 feet cartway
| |
|
Two-way roads
|
24 feet R/W
|
|
18 feet cartway
| |
|
Development Area for tents, trailers, boat docks and other facilities
| |
|
Minimum individual campsite area
|
45 feet by 50 feet
|
|
Minimum area for community facilities (to be conveniently
located to serve campers)
| |
|
Campground office and store
| |
|
Convenience store
| |
|
Showers/bathhouse
|
To be proposed as required and needed to serve the campers (See
notes below)
|
|
Toilets
| |
|
Boat access to water bodies, if required
| |
|
Off-street parking to serve campsites and facilities
| |
|
Misc. other services
| |
|
Notes:
| |
|---|---|
|
1.
|
The site plan presented should include topographic information
and comply with PADEP, PA Department of Health requirements, and off-street
parking standards of this chapter.
|
|
2.
|
Boat access to the Delaware River will require review by the
PA Fish and Boat Commission.
|
|
3.
|
The height of all structures and tents shall not exceed 20 feet.
|
A.
Introduction. The recreation uses permitted in this chapter are defined
below.
(1)
Recreation uses may include land and building areas utilized and/or
developed for the purpose of refreshing and exercising the body and
mind through forms of play, amusement, or relaxation. Recreation includes
active or passive activities consisting of single person and multiperson
activities, sports games and team play of various types, individual
relaxation, enjoyment of the weather, wildlife, wooded areas and existing
natural areas and resources, and they may be located either indoors
or outdoors.
(2)
Recreation may be provided in different forms as discussed in the definitions below. These definitions also provide illustrative examples of the types of recreation which may be included in each category. Finally, a recreation schedule is included in Subsection G below. The schedule identifies different zoning districts in which these uses may be located.
B.
Public recreation. Recreation areas or facilities offered to the
general public by the municipality, other governmental agencies or
other recognized conservancy agencies, free of charge or for a nominal
fee. Illustrative activities may include active and passive recreation
and outdoor recreation facilities as defined below.
(1)
Active recreation.
(a)
Brisk and energetic recreation activities. These activities
often require the use of specialized equipment and usually take place
at designated areas, sites, or fields.
(b)
Illustrative examples of active recreation include, but are
not limited to, a municipal park and recreation area with playground
and multiple facilities, such as tot lot area, all types of court
and field games, including field sports such as softball, baseball,
soccer, and football, tennis and basketball, handball, archery, badminton,
volleyball, shuffleboard, boccie, swimming, ice-skating and other
similar playground activities for various age groups.
(2)
Passive recreation.
(a)
Quiet, relaxed leisure activities. These activities require
much less exertion than active recreation. They do not always require
a developed site and have a minimal impact on the environment.
(b)
Illustrative activities may include, but are not limited to
municipal park and picnic areas, landscaped areas, gardens, tot lot
areas, nature studies, bird watching, meetings with friends and family,
table games, strolling to enjoy the landscape, woodland preserves,
nature centers, open space conservation or nature conservancy areas
and other similar low impact recreational facilities uses.
(3)
Outdoor recreation. Predominantly participant recreation activities
conducted in open, partially enclosed, or screened facilities. Illustrative
activities may include, but are not limited to, municipal park and
playground facilities, athletic fields, driving ranges, miniature
golf, skateboarding park, swimming, bathing, boating, fishing, hunting
(subject to state regulation), sailing, canoeing, wading and other
therapeutic facilities, tennis, handball, basketball courts, batting
cages, trampoline facilities, nature trails and walkways, bird watching,
hiking, biking, horseback riding and other forms of recreation.
(4)
Indoor recreation. Indoor recreation facilities are operated by public,
municipal or other governmental agencies or other recognized conservancy
agencies to primarily serve the residents of the Township. These facilities
may be located in a portion of an existing building or in a separate
building and are to be provided with adequate parking space. Illustrative
examples of such facilities may include the following:
(a)
A community center including meeting rooms and infrastructure
which provide opportunities for recreation, entertainment, cultural
and social activities.
(b)
Specific activities may include indoor games such as ping-pong
and billiards, checkers, chess, and other games of interest to the
public. Card games with gambling are not permitted, craft classes,
health and community information and discussion groups. All age groups
may be served including young children, teenagers, adults, and senior
citizens.
(c)
A community center may be individually located on a separate
site or may be included within a municipal park. The center may include
kitchen facilities to serve limited refreshments but is not intended
to provide the main meal of the day or the serving of alcoholic beverages.
C.
Private community recreation facilities.
(1)
Private community recreation facilities. Indoor or outdoor private
community recreation facilities for use by the residents and guests
of a particular residential neighborhood, development, or approved
subdivision development.
(2)
Such recreation facilities may also include the preservation of open
space which shall be located within or adjacent to the proposed development
or subdivision.
D.
Commercial recreation. Commercial recreation facilities include indoor
and outdoor facilities or establishments, usually operated for-profit,
whose main purpose is to provide individuals an opportunity to participate
in various active and passive sporting activities. These facilities
are intended to serve the general public.
(1)
Passive and open space facilities. Illustrative examples of such
facilities may include picnic areas, pavilions, landscaped areas,
gardens, nature studies, bird watching, golf courses, and related
outdoor displays or exhibits providing interpretative information.
(2)
Golf courses. Includes commercial for-profit and nonprofit.
(3)
Commercial recreation facilities. For-profit activities where tickets
are sold or fees collected for the activity. Illustrative examples
include arcades, movie theaters, museums, swimming, and other low
intensity water related recreation, saunas, locker rooms, shower rooms,
tennis, racquet ball, handball, and bowling, basketball and other
similar activities.
E.
Specialized recreation activities.
(1)
Specialized recreational facilities are those that usually involve,
whether in whole or in part, disturbance of neighbors and the surrounding
area, significant pedestrian or vehicle traffic, noise, significant
premises lighting, vibrations, odor, fumes, spectators and the like.
(2)
These include, but are not limited to, racing or similar speed or
endurance events (whether cars, trucks, go-carts, snowmobiles, ATVs,
motorcycles, motor cross, bicycles, skateboards, or other types of
motorized or nonmotorized vehicles) whether indoor or outdoor and
on dirt, paved or snow or ice covered or half pipe courses or tracks
or other similar courses, professional or semiprofessional team events
or games, stadiums, arenas, sports complexes, amphitheaters, gun clubs,
hunting clubs, fishing clubs, paint ball or target or shooting games
or contests, amusement parks (or portions of same) involving amusement
rides of all type such as boat rides, train rides, sky rides, flying
swings, merry-go-rounds, roller coasters, ferris wheels, water tubes
or water slides, wave pool, alpine slides, other motorized or nonmotorized
rides and related amusements such as driving ranges, shooting ranges
or galleries, target type games, batting cages and arcades.
(3)
These activities shall be located only in the I-2 or I-3 Districts.
F.
Related accessory uses.
(1)
Accessory uses. These uses are intended to serve the participants
of the permitted recreation uses which are compatible with the above
facilities including off street parking areas, restroom facilities,
snackbar/eating and refreshment facilities and related uses which
are intended, as a convenience, to serve the participants of the recreation
uses, but not intended to serve the general public at large. Accessory
uses also include structures for the storage of recreation and maintenance
equipment and supplies, locker rooms and shower rooms.
G.
Review procedure.
(1)
(2)
The location of all recreational uses shall be as set forth in attached
Schedule VIII.
|
Schedule VIII
| |
|---|---|
|
Recreational Facilities or Activities Permitted in Each Zoning
District
| |
|
Recreation Uses(a)
|
Location in Zoning Districts(c)
|
|
Public recreation
| |
|
Active recreation
|
A-1, R-1, VCR-1
|
|
Passive recreation
|
OSC, A-1, R-1, VCR-1
|
|
Outdoor recreation
|
A-1, R-1
|
|
Indoor recreation
|
A-1, R-1, VCR-1
|
|
Private community recreation
| |
|
In planned developments, subdivisions, in conservation
subdivisions, or institutional uses developed in accordance with the
provisions of this chapter
|
OSC, A-1, R-1, VCR-1
|
|
Commercial recreation
| |
|
Passive and open space commercial facilities
|
OSC, A-1
|
|
Golf courses
|
A-1
|
|
Commercial recreation
|
C-1, C-2, I-1, I-2
|
|
Specialized recreation activities
|
I-2 and I-3
|
|
Related accessory uses
|
Various zones(b)
|
See preceding narrative for list of recreation uses
included in each recreation use category above.
|
FOOTNOTES:
| |
|---|---|
|
(a)
|
The types of recreation uses identified in the schedule are
defined in the text preceding this table
|
|
(b)
|
The specific types of recreation uses identified above, in Column
1 are permitted in the various zones listed in Column 2
|
|
(c)
| |
|
Notes applicable to the preceding recreation schedule:
| |
|---|---|
|
1.
|
All recreational facilities shall be designed, located and operated in a manner which does not adversely affect the tranquility, livability and useability of adjoining residential, open space, agricultural, commercial, institutional or industrial uses, and shall also conform with the requirements of Article IV.
|
|
2.
|
All recreation areas and uses may have park and recreation accessory
storage and other appropriate accessory uses. The accessory uses shall
be incidental and supportive of the principal recreation uses permitted,
and shall not be used as separate principal uses.
|
|
3.
|
Recreation facilities are designed to be used as follows:
|
|
Public recreation: primarily by residents of the
Township.
| |
|
Private community recreation: by residents and guests
of the individual subdivisions or developments approved by the Township.
| |
|
Commercial recreation: by the general public
| |
|
Specialized recreation activities: by the general
public
| |
|
4.
|
All commercial recreation and specialized recreation activity
facilities shall require submission of a traffic impact analysis and
a community impact analysis to be reviewed by the Zoning Hearing Board.
|
|
5.
|
All recreational facilities shall be designed to fully protect
the health and safety of all persons using these facilities and shall
conform with recognized standards and guidelines of the following
organizations and agencies:
|
|
National Recreation and Parks Association
| |
|
Pennsylvania Recreation and Parks Society
| |
|
Pennsylvania Labor and Industry
| |
|
Pennsylvania State Building Code
| |
|
Federal Americans with Disabilities Act
| |
|
All applicable standards of the PA Department of
Health, the PA Department of Environmental Protection and Federal
Environmental Protection Agency.
| |
|
6.
|
See below for information sources for recreation design issues
and standards identified by the PA Department of Conservation and
Natural Resources (DCNR).
|
|
Information sources for recreation design issues and standards
(identified by PA DCNR)
| |
|---|---|
|
Design issues
| |
|
Facility space requirements (FIFA, NCAA, AASHTO, PIAA, Olympic
committee, PA Bathing Place Manual, etc.)
| |
|
Facility orientation (FIFA, NCAA, PIAA, etc.)
| |
|
Surface drainage/grading (FIFA, NCAA, PIAA, USTA, etc.)
| |
|
Parking requirements (BOCA, NRPA, NPS, www.access-board.gov,
etc.)
| |
|
Standards
| |
|
ADA accessibility (federal register, www.access-board.gov)
| |
|
Playground safety (CPSC, ASTM, www.access-board.gov)
| |
|
Legal codes (BOCA, local ordinance, state law, federal law)
| |
|
Use the standard of care of a reasonably prudent person.
| |
