[Ord. 187, 4/18/2008; as amended by Ord. 188, 5/27/2008; by Ord. 192, 11/20/2008; by Ord. 202, 12/13/2011; by Ord. 237, 7/28/2020; Ord. No. 250, 6/26/2024]
1. 
Minimum Regulation. The minimum regulations governing the size of lots, yards, height of buildings, minimum floor areas for human habitation in residential dwelling structures, and off-street parking areas within each zoning district are set forth in this Part. These minimum regulations are subject to the provisions contained in Part 5 of this Chapter.
A. 
Repealed.
B. 
Size of Dwellings. 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. No dwelling unit shall be less than 24 feet in width and 24 feet in length.
No. of Bedrooms
Minimum Floor Area (Square Feet)
Efficiency Unit
576
One Bedroom
646
Two Bedrooms
717
Three or More Bedrooms
817 plus 100 for each additional bedroom exceeding three
C. 
Impervious Surface Coverage. “Impervious surface” shall include any material that reduces or prevents absorption of stormwater into previously undeveloped land. The calculation for impervious surface coverage is the amount of impervious surface as a percentage of total lot area. The maximum amount of impervious surface coverage permitted on any given lot in connection with building, land development and zoning applications shall be limited as follows:
Zoning District
Maximum Impervious Surface Coverage
Group A
Group B
Group C
R-1 Low Density Residential
25%
25%
30%
R-2 Medium Density Residential
30%
35%
40%
ED Economic Development
60%
60%
60%
M-1 Industrial
70%
70%
70%
Note:
Group A - No centralized water or centralized sewage.
 
Group B - Either centralized water or centralized sewage.
 
Group C - Both centralized water and centralized sewage.
2. 
Maximum Number of Dwelling Units. Except where conservation subdivisions, (if adopted and enacted by Smithfield Township) manufactured home parks, planned residential development or multi-family dwellings are proposed under regulations specific to those forms of development, the maximum number of dwelling units permitted on any given property shall be limited to the adjusted tract acreage of the site divided by the minimum lot area(s) found on Schedule I for the land in question. The adjusted tract acreage shall be determined by subtracting environmentally constrained land as provided below.
A. 
Deduct the following from the gross tract area:
(1) 
Ten percent of all moderately steep slopes (15% to 25%).
(2) 
Seventy-five percent of all very steep slopes (25% or greater).
(3) 
Seventy-five percent of all wetlands.
(4) 
One hundred percent of all floodways.
(5) 
Fifty percent of the non-floodway portion of all 100-year floodplain areas.
(6) 
One hundred percent of all lands within the rights-of-way of existing public streets or highways, under existing private streets and within utility easements.
B. 
If a portion of the tract is underlain by more than one natural feature subject to a deduction from the total tract acreage, that acreage shall be subject to the most restrictive deduction only.
3. 
Natural Features Protection.
A. 
Purpose. The purpose of this Section is to provide protection of steep slopes, wetlands, flood hazard areas and the Appalachian Trail. The Soil Conservation Service (now Natural Resource Conservation Service), United States Department of Agriculture, states that soils with a slope of 15% or greater involve severe limitations to development including, but not limited to, building and road construction and septic effluent disposal. The removal of vegetation, disturbance of the soil, and the construction of buildings and structures in steep slope areas may increase surface water runoff, soil erosion and siltation with the resultant pollution of streams. Wetlands are also ecologically and productive ecosystems. They provide wildlife habitat and are important in preserving water quality, providing flood protection and enhancing ground water recharge. Finally, construction within floodplains must be minimized to prevent the loss of property and life, the creation of health hazards, the disruption of services, and the unnecessary expenditure of public funds for flood relief.
B. 
Basic Requirements. The design of any site plan, subdivision plan or land development plan within Smithfield Township shall minimize any adverse impact on flood hazard areas, lakes, ponds, freshwater wetlands and steep slopes. Site disturbance prior to submission of applications for zoning permits or the submission of plans for subdivision or land development shall be a violation of this Section. However, this Section shall not prohibit any land management practices that may be necessary for the ecological improvement of any stream, pond, lake or wetland, provided that all applicable permits have been obtained from the Pennsylvania Department of Environmental Protection.
C. 
Floodplain Areas. No structure, filling, piping, diverting or stormwater detention basin shall be permitted within floodplain areas, unless the use, activity or development occurring in the floodplain is in strict compliance with the Smithfield Township Floodplain Ordinance [Chapter 8].
D. 
Wetlands.
(1) 
Need and Basis for a Wetlands Delineation.
(a) 
An on-site investigation shall be conducted to determine if wetlands are present on the site by a licensed engineer, hydrogeologist, soil scientist or similarly qualified professional experienced in wetlands ecology, selected by the applicant in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, or as later amended if the National Wetlands Inventory maps indicate wetlands on a site; or where a site contains hydric soils as depicted by a soil survey by the County of Monroe, and/or in USDA NRCS Hydric Soils Lists; hydrophytic vegetation or evidence of hydrology. The resultant wetland delineation study must be approved by the governing body. A landowner may also use a wetlands delineation validated by the U.S. Army Corps of Engineers. Should a wetlands delineation validated by the U.S. Army Corps of Engineers vary from a wetlands boundary derived from this Subsection 3D(1)(a) above, the Corps delineation shall govern.
(2) 
Note of Determination that Wetlands Are Not Located on the Site.
(a) 
If, after examination of the site, a qualified professional as defined in Subsection D(1) determines that wetlands are not located on the site, the following note must appear on the plan or application being submitted:
"This site has been examined by [name and address], a qualified professional, and no wetlands were found to exist."
(b) 
Submissions containing this note must be accompanied by a written statement, signed by the examining professional and attesting to the fact that the site was examined in accordance with the Federal Manual for Identifying and Delineation Jurisdictional Wetlands, and no wetlands were found to exist. In addition, a written statement of the qualifications of the professional who examined the site shall accompany the submission.
(3) 
No development, filling, draining, piping, diverting, or earth disturbance activities shall be permitted within a wetland. No more than 40% of the wetlands margin area shall be altered, regraded, or filled (noting that such limitation does not permit the alteration, regrading, filling of or building upon a wetland area, and noting further that the permitted encroachment into a wetlands margin area shall be measured independent of any other noncontiguous wetlands margin areas on a property). If this provision is found to be in conflict with any provisions of Chapter 26: Water, or any other local ordinance, or Pennsylvania or federal law, the provision which is more restrictive or which establishes the higher standard shall control.
(4) 
No on-lot sewage disposal system proposed to exceed 1,000 gallons per day for a single lot, and no on-lot water supply proposed to exceed 2,500 gallons per day for a single lot shall be located within a wetlands margin area. No on-lot sewage disposal systems, or on-lot water supply shall be located within a wetland.
(5) 
No cutting of any vegetation within the wetland. Up to 40% of the wetlands margin area may have limited forestry activities that do not clear cut the wetlands margin area (e.g., selective regeneration harvest) in accord with an approved forestry management plan. If this section is in conflict with any provision of Chapter 26: Water, or any other local ordinance, or Pennsylvania or federal law, the provision which is more restrictive or which establishes the higher standard shall control.
(6) 
There shall be no storage of construction-related materials such as vehicles, topsoil, or timbers within the wetland or wetlands margin area.
(7) 
There shall be no storage or use of toxic, potentially hazardous, or contaminating compounds within the wetland or the wetlands margin area. Prohibited substances include, but are not limited to, petroleum-based products, stains/finish substances, industrial substances, polyfluorinated substances (PFAS), chlorinated substances, road salt/deicer substances, fertilizers, or pesticides.
(8) 
In no case shall sewer lines or other liquid transport pipelines be constructed in the wetland, except to cross a wetland on the minimum traversal distance and then only if every precaution is taken to prevent leaks and to prevent any possible draining of the wetland, and if all methods and available technologies are used to avoid open trench cutting of the wetland.
(9) 
Any road or driveway proposed to cross a wetland must:
(a) 
Clearly be providing access which is impossible from any other location;
(b) 
Be designed and constructed to cause the minimum disruption of the wetland area;
(c) 
Have a plan for the establishment of replacement wetland areas (on or off the site, and within the same subwatershed and within Smithfield Township) the size of the area lost to the road or driveway, and that will also comply with all applicable mitigation requirements imposed by the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection.
E. 
Steep Slopes.
(1) 
Limited disturbance of moderately steep slopes and very steep slopes shall be permitted under the conditions described below:
Steep Slope Category
Percent
Maximum Area of Disturbance
Moderately steep slope
15% to 25%
60%
Very steep slope
25% or greater
10%
Disturbance refers to any development activity, including regrading and stripping of vegetation. The use of regraded slopes shall be minimized and is generally discouraged. The use of retaining walls for grade changes is encouraged.
(2) 
All applications for land development approval in areas where very steep slopes are proposed to be disturbed or where 40% or more of the lot area exceeds 15% slope shall be considered and processed as conditional uses.
(3) 
Contiguous areas of steep slope that are less than 3,000 square feet in size shall be exempted from these standards and shall not be used in the calculation of the total square footage of steep slopes or the percentage of disturbance of steep slopes on a lot or development tract. Additionally, where the applicant demonstrates to the satisfaction of the Supervisors that such increased disturbance is necessary for the applicant to eliminate an existing nonconforming structure on the lot or development tract then the amount of the square footage which shall be exempt from these standards may be increased to 6,500 square feet of steep slope which shall not be used in the calculation of the total square footage of steep slopes or the percentage of disturbance of steep slopes on a lot or development tract.
F. 
Septic Field Location. Except for existing nonconforming lots or where centralized sewage is required or proposed, it must be demonstrated to the satisfaction of the Code Enforcement Officer or Board of Supervisors, as the case may be, that a dwelling, well, and area for two septic drainfields may be located. One septic drainfield shall be designated the primary field and the second shall be an alternate in case of original septic field failure. The location and placement of well and septic fields shall conform to the requirements of this Chapter and State regulations.
G. 
Stream Setbacks. Parking lots shall be set back a minimum of 10 feet from the high water mark of any U.S.G.S. named stream, water body or wetland.
H. 
Appalachian Trail Overlay District. An Appalachian Trail Overlay District is hereby created to be defined by the area within 1,000 feet on each side of the center line of the Appalachian Trail (as that center line of the Trail is designated by the Appalachian Trail Conservancy Trail GIS and/or GPS data) and is identified herein as the “Trail Corridor.” The intent of the District is to provide a buffer from incompatible uses and/or structures along the Trail while recognizing that the Trail crosses private lands where reasonable uses are permitted.
(1) 
Buffer. Residential, commercial and industrial uses shall be prohibited within the Trail Corridor. Open space and passive recreation uses (such as fishing, hiking trails, nature preserve or forest preserve) shall be allowed.
(2) 
Existing Vegetation. Vegetation in the buffer shall not be disturbed except for maintenance purposes, the correction of dangerous or hazardous conditions, the removal of invasive species or as otherwise approved by the Township as part of a landscape or open space plan.
(3) 
Tree Harvesting. Trees may be harvested to the extent that the basal area of trees in either buffer area shall not be reduced below 50% of the basal area present before cutting or below 65 square feet per acre, whichever is higher. “Basal area” is defined to mean the area in square feet per acre occupied by tree stems at 4.5 feet above the ground, normally measured by a calibrated prism or angle gauge. There shall be no clear cutting of trees.
(4) 
Conditional Use. With the exception of open space or passive recreation uses noted in Subsection 3H(1) hereof, any use which is proposed to be located within the Trail Corridor shall be considered a conditional use. All such uses shall be considered in terms of the effects on the Trail; and, if granted, the Board of Supervisors shall attach such conditions deemed reasonable and necessary as per the PA Municipalities Planning Code and the conditional use provisions of this Chapter.
(5) 
Prohibited Uses. The following uses are prohibited:
(a) 
Clearing of vegetation other than (1) maintenance by a Federal, State, or municipal agency, the Appalachian Trail Conservancy (ATC), or Trail Club (partnered with the ATC), and (2) permissible tree harvesting as authorized in Subsection 3H(3) above.
(b) 
Use or storage of hazardous, dangerous, explosive, chemical, radioactive, nuclear or noxious materials or materials that create any dust, odor, vapors or fumes.
(c) 
Use of motor or wheeled vehicle traffic except for agriculture or forestry uses.
(d) 
Construction of parking lots except for Federal, State, or municipally-owned lots.
(e) 
Construction of any type of structure except for Federal, State, or municipally-owned structures.
(f) 
Installation of above-ground utilities including, but not limited to, water, electrical, telephone, gas, nuclear, radio, cellular, wind towers and solar energy panels, solar farms.
(g) 
Dump or landfill.
(h) 
Water, gas or oil wells or drilling for such wells including test or exploratory wells for such deposits.
(i) 
Any activity that creates glare, noise, dust, odors, fumes, vibrations, electrical, electronic or digital interference, air or water pollution of any type.
(6) 
Applicability. For any lot, parcel or piece of ground (or portion thereof) lying within the AT Overlay District, the regulations of the AT Overlay District shall apply along with all other regulations and standards of this Chapter that would otherwise apply to the property and zoning district in question. If there is any conflict between the AT Overlay District regulations and the other regulations of this Chapter, the more strict standard shall apply.
[Ord. 187, 4/18/2008; as amended by Ord. 188, 5/27/2008; and by Ord. 209, 2/12/2013]
1. 
All off-street parking, loading and access facilities and service areas used by motor vehicles shall comply with the following provisions in all districts. All required parking spaces shall be provided off-street unless otherwise permitted by this Chapter.
2. 
Structures and uses in existence at the date of adoption of this Chapter shall not be subject to the requirements of this Part, so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below such requirements.
3. 
Whenever there is an alteration of a use which increases the parking requirements, the total additional parking required for the alteration, change or extension shall be provided in accordance with this Chapter.
4. 
No existing parking area with more than 10 parking spaces shall be expanded without an approved land development plan.
5. 
No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
6. 
Off-street parking, loading and unloading facilities shall be provided for each use as set forth in Schedule II. If the computation of required parking spaces results in a fraction, a full space shall be required for each fractional amount.
7. 
Accessible parking spaces for disabled persons shall be provided in accordance with the Federal requirements as set forth in the Americans with Disabilities Act.
8. 
Land Banking of Parking Areas. In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of a nonresidential use, up to 20% of the required parking spaces may be held in reserve for construction at a later date if necessary, provided that the following conditions are met:
A. 
The applicant must demonstrate that the minimum number of parking spaces required for the land use is in excess of actual parking needs, or that the operating schedules of two or more adjacent land uses are such that a parking lot may be shared between them and that the minimum number of parking spaces required for each land use is in excess of actual parking needs. This determination shall be based on consideration of the following factors:
(1) 
Industry studies of parking needs for the type of use proposed or actual case-study comparisons for projects of similar character. The developer or applicant shall gather and submit such data in support of its proposed parking provisions. The National Parking Association, the Urban Land Institute and the American Planning Association are examples of such industry sources.
(2) 
The characteristics of the proposed customers, residents, occupants or visitors to a given facility. Housing for the elderly would, for example, require fewer spaces per dwelling unit than time-shared recreational units.
(3) 
The expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.
(4) 
Recommendations, if any, from other public agencies or information sources.
(5) 
The likelihood that parking will be shared with adjoining facilities, the availability of sufficient on-street parking, the impact of daily peak visitation or use periods on demand and the hours of operation as compared to other neighborhood activities.
(6) 
The availability of public transportation.
B. 
A minimum of 80% of the required spaces shall be built with the completion of the project. An area adequate to accommodate the remaining 20% shall be reserved as green area until needed, but may not be counted toward any minimum open space requirements. The reserved area shall not include any required buffers, setbacks or yard areas in which parking would not be permitted under this Chapter or the Smithfield Township Subdivision and Land Development Ordinance [Chapter 22].
C. 
The parking lot design must designate sufficient space to meet the total parking requirement. The plan shall illustrate the layout for the total number of spaces, and shall be in compliance with impervious surface, yard and open space requirements of this Chapter.
D. 
The reserved parking area shall be counted toward the total amount of proposed impervious surface on the site.
E. 
Any traffic studies submitted shall consider the full number of parking spaces required for the proposed use(s) on the site, including those to be held in reserve.
F. 
A landscape plan for the reserved area shall be provided.
G. 
Stormwater management facilities shall be designed to accommodate 100% of the required parking areas at the time of project completion, including those to be held in reserve, such that no modifications to stormwater management facilities will be necessary for the construction of reserve parking areas.
H. 
The applicant shall enter into an agreement with the Township to construct the additional spaces if needed. This agreement shall be a covenant that runs with the land and shall apply to any future owners of the property.
I. 
The reserved parking area shall not be used to meet the parking requirements for future expansions of the facility.
J. 
The Board of Supervisors may permit up to 50% of the required parking spaces for a Disaster Recovery Facility use only to be held in reserve provided the preceding requirements are met. A minimum of 50% of the required spaces for a Disaster Recovery Facility use shall be built with the completion of the Disaster Recovery Facility project.
[Ord. 187, 4/18/2008; as amended by Ord. 188, 5/27/2008; and by Ord. 237, 7/28/2020]
1. 
The following minimum development standards shall apply to all parking and loading areas:
A. 
Size of Parking Spaces.
(1) 
Every parking space, outdoor or in a garage, shall be at least nine feet by 18 feet, except as indicated below or as otherwise indicated in this Chapter:
(a) 
Parking spaces for the following uses shall be at least 10 feet by 18 feet:
1) 
Night club, tavern, bar or cocktail room.
2) 
Regional shopping center.
3) 
Restaurant.
4) 
Restaurant with drive-through.
5) 
Restaurant with walk-up window.
6) 
Retail business.
7) 
Shopping center.
8) 
Supermarket.
9) 
Medical or dental office.
(b) 
Handicapped parking spaces: 13 (eight-foot parking space plus five-foot access aisle) feet wide by 18 feet deep.
1) 
Van-accessible spaces to have eight-foot or five-foot access aisles, as required by the Americans with Disabilities Act.
(c) 
Parking spaces for commercial vehicles, trailers, boats or other large items shall have an area sufficient to provide a minimum of three feet on each side or end. Each space shall have a minimum width of 15 feet and a minimum length of 40 feet.
(2) 
The required parking area shall be measured exclusive of driveways or maneuvering areas.
(3) 
Where a mixed-use project has varying stall size requirements, the larger non-handicapped stall size shall be used for all proposed parking areas.
B. 
Off-Street Loading and Unloading Requirements.
(1) 
Adequate off-street loading and unloading space, with proper access from a street, highway, common service driveway or alley, shall be provided for all nonresidential uses. Such space shall be sufficient in size and design to accommodate the maximum demand generated by the use on the lot.
(2) 
All areas for the loading and unloading of delivery trucks and other vehicles and for servicing of establishments and/or shops by refuse collection, fuel or other service vehicles shall have adequate and unobstructed access from a street, service driveway or alley and shall be so arranged that they may be used without blocking or otherwise interfering with the use of automobile accessways, parking facilities or pedestrian ways or backing out onto a street.
(3) 
All areas shall be paved and adequately drained, and shall be constructed in accordance with standards established by the Township.
(4) 
All loading berths shall be located at the side or rear of the property and shall be screened from view by fencing or landscaped buffers.
(5) 
The parking of refuse/trash or any other type waste hauling vehicle unattended for more than two hours is prohibited. The parking of delivery vehicles designed to carry flammable fuel or explosives and unattended for more than two hours (excepting those maintained at the operator’s place of business) is also prohibited.
(6) 
Public rights-of-way shall, under no circumstances, be used for loading or unloading of materials.
(7) 
The minimum size loading space shall be 30 feet in depth and 10 feet in width, with an overhead clearance of 14 feet.
C. 
Off-street parking and loading areas shall be located on the same lot as the use to which they are accessory, except where shared parking arrangements or other long-term use arrangements satisfactory to the Township are documented.
D. 
All off-street parking and loading spaces shall be marked so as to indicate their location.
E. 
Failure to keep parking areas in satisfactory condition (i.e., free from holes, clearly delineated, or properly graded) shall be considered a violation of this Chapter.
F. 
Wherever a parking area of over five spaces is located in a nonresidential district across the road from other land in a residential use or is within 15 feet of the side or rear lot line of property located in any residential use, said parking lot shall be screened from the view of such land by a wall, fence, or hedge.
G. 
All parking and loading areas shall be landscaped pursuant to § 27-502, Subsection 7, hereof.
H. 
No designated parking area shall be designed such that a vehicle might directly back out onto a public highway or through road within the development. Traffic flows through a parking area shall be minimized and limited to connections from one lot to another and to the public highway or through road.
I. 
Except for one family detached dwellings or two family dwellings, parking spaces shall be so arranged that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle.
J. 
All dead-end parking lots shall be designed to provide sufficient backup area for the end stalls of the parking area.
K. 
Parking lots or areas shall have not more than two accessways to any one public street or highway for each 500 feet of street frontage. Where practical, access to parking areas shall be provided by a common service driveway or minor street to avoid direct access on a major street or highway.
L. 
Parking areas may be located in rear and side yards. Parking within rear and side yards may not be located closer than 15 feet to the lot line.
M. 
Parking areas may be located at the front of the building but not closer to the front lot line than indicated in the following table. However, in the case of corner lots (consisting of two front lot lines and yard setbacks), the yard abutting the street with the lower traffic classification may be considered to be a side yard for parking area location purposes.
Parking Setback Schedule
Zoning District
Minimum parking area distance from front lot line
R-1
35'
R-2
25'
R-C
25'
ED
50'
M-1
50'
R-E
50'
N. 
Between every 15 contiguous parking spaces in a row, there shall be a ten-foot planting strip, suitably planted which shall serve as a physical separation between every 15 parking spaces.
O. 
Any lighting for exterior environments should be arranged to minimize uncontrolled light, glare, overlighting, light trespass and sky glow.
[Ord. 187, 4/18/2008; as amended by Ord. 188, 5/27/2008; by Ord. 192, 11/20/2008; and by Ord. 209, 2/12/2013]
1. 
Performance Impacts. No use shall be permitted in any district if it is to be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactivity, environmental or other hazard; noise or vibration; smoke, dust, dirt, or other form of air, solid waste or water pollution; electrical, glare, traffic congestion or other disturbance of a permanent or recurring nature which will adversely affect the surrounding area or premises, or be dangerous to public health and safety. The Township may determine compliance with this Section based on the following:
A. 
Data and information submitted with the zoning application.
B. 
Where such data and information is not sufficient to reach a determination, the Township Supervisors may consider the proposed use as a conditional use subject to all requirements for conditional uses as required herein.
C. 
The Supervisors may also require detailed expert review of all uses to determine compliance in accordance with established standards or with regulations of applicable governmental agencies.
2. 
Traffic Impact.
A. 
Traffic Impact Study Requirement.
(1) 
A traffic impact study shall be required for all subdivisions and land developments that, at build-out, are projected to generate 50 or more trip-ends per project peak hour or 500 trip-ends per day based on the latest edition of Trip Generation published by the Institute of Transportation Engineers. This shall include project additions, changes of use and replacement of nonconforming uses that increase the total traffic (existing plus new traffic) to more than 500 trip ends per day.
(2) 
The Board of Supervisors may also, based on the recommendation of the Township Planning Commission and information supplied in a site plan or permit application, make a finding that there are potential traffic issues due to the nature of the specific business or site. The finding shall specifically set forth the basis of the Board’s finding and the specific issues involved. A traffic impact study may be required in such instances to address those specified traffic issues even though the total traffic is less than 500 trip-ends per day. The scope of such a traffic impact study shall, however, be confined to such issues.
Note: Trip-ends represent the total number of vehicular trips entering and leaving a specific land use or site for a designated period of time.
B. 
Professional Requirements.
(1) 
The traffic impact study shall be prepared by a registered professional traffic engineer with verifiable experience in preparing such studies. The traffic impact study shall be in accordance with the Institute of Transportation Engineers recommended methodology and Pennsylvania Department of Transportation guidelines.
(2) 
The study area for the traffic study shall be based on engineering criteria and an understanding of existing traffic conditions at the site. It shall represent that area likely to be affected by the development, where highway users are likely to experience a change in the existing level of service. The study limits shall be initially agreed upon by the developer, his engineer and the Township. The study area shall be specifically subject to the approval of the Township Board of Supervisors with the advice of the Township Engineer and/or a qualified traffic engineer.
(3) 
The traffic impact study shall contain the following elements:
(a) 
The study area boundary and identification of the roadways included within the study area.
(b) 
A general site description, including:
1) 
Size, location, existing and proposed land uses and dwelling types, construction staging, and completion date of the proposed development.
2) 
Existing land uses, approved and recorded subdivision and land developments and subdivisions and land developments proposed but not yet approved and recorded in the study area that are agreed upon by the Township, developer, and traffic engineer as having bearing on the developers likely impact shall be described and considered.
3) 
Within the study area, the applicant must describe existing roadways and intersections (geometrics and traffic signal control) as well as improvements contemplated by government agencies or private parties.
(c) 
Analysis of existing conditions, including:
1) 
Daily and Peak Hour(s) Traffic Volumes. Schematic diagrams depicting daily and peak hour(s) traffic volumes shall be presented for roadways within the study area. Turning movement and mainline volumes shall be presented for the three peak hour conditions (AM, PM and site generated). However, only mainline volumes are required to reflect daily traffic volumes. The source and/or method of computation for all traffic volumes shall be included.
2) 
Volume/Capacity Analyses at Critical Points. Utilizing techniques described in the “Highway Capacity Manual Transportation Research Board Special Report 209” (1985 or latest edition) or derivative nomography, an assessment of the relative balance between roadway volumes and capacity are to be described. The analysis shall be performed for existing conditions (roadway geometry and traffic signal control) for the appropriate peak hours.
3) 
Level of Service at Critical Points. Based on the results obtained in the previous Section, levels of service (A through F) shall be computed and presented. Included in this Section shall also be a description of typical operating conditions at each level of service.
4) 
Accident Locations. A tabulation of accident locations during the most recent three-year period shall be provided.
(d) 
Analysis of future conditions without the proposed development. The future year(s) for which projections are made will be specified by the Township and will be dependent on the timing of the proposed development. The following information shall be included:
1) 
Daily and Peak Hour(s) Traffic Volumes. This Section shall clearly indicate the method and assumptions used to forecast future traffic volumes. Regardless of the methods and other assumptions used, no traffic impact study shall assume less than 2% per year growth in traffic levels without the proposed development unless there are particular limitations applicable to a given highway that prevent such growth from being realized (e.g., a dead-end road with no room for further development). Schematic diagrams depicting projected future daily and peak hour(s) traffic volumes shall be presented for roadways within the study area. Projected turning movement and mainline volumes shall be presented for the three peak hour conditions (AM, PM and site generated). The source and/or method of computation for all projected traffic volumes shall be included.
2) 
Volume/Capacity Analyses at Critical Locations. The ability of the existing roadway system to accommodate future traffic (without site development) shall be described in this Section. If roadway improvements or modifications are committed for implementation the volume/capacity analysis shall be presented for these conditions.
3) 
Levels of Service at Critical Points. Based on the results obtained in the previous Section, levels of service (A through F) shall be determined.
(e) 
Trip Generation. The amount of traffic generated by the site shall be presented in this Section for daily and the three peak hour conditions. The trip generation rates used in this phase of the analysis shall be justified and documented to the satisfaction of the Township Supervisors. “Trip Generation” (latest edition) published by the Institute of Transportation Engineers shall be used unless the Township Supervisors approve other studies.
(f) 
Trip Distribution. The direction of approach for site generated traffic shall be presented in this Section for the appropriate time periods. As with all technical analysis steps, the basic method and assumptions used in this work shall be clearly stated in order that the Township can replicate these results.
(g) 
Traffic Assignment. This Section shall describe the utilization of study area roadways by site generated traffic. The proposed traffic volumes shall then be combined with the projected future traffic volumes without the project to describe mainline and turning movement volumes for future conditions with the site developed as the applicant proposed.
(h) 
Analysis of Future Conditions with Development. This Section shall describe the adequacy of the roadway system to accommodate future traffic with development of the site. Any unique characteristics of the site or within the study are (i.e., holiday shopping) affecting traffic shall be considered. If staging of the proposed development is anticipated, analysis for each stage of completion shall be made. The following information shall be included:
1) 
Daily and Peak Hour(s) Traffic Volumes. Mainline and turning movement volumes shall be presented for the highway network in the study area as well as driveways for the appropriate time periods.
2) 
Volume/Capacity Analysis at Critical Points. A volume/capacity analysis comparable to those required above, for existing conditions and projected future conditions without the project, shall be performed for the appropriate peak hours for future conditions with the site developed as proposed.
3) 
Levels of Service at Critical Points. As a result of the volume/capacity analysis, the level of service on the study area roadway system shall be computed and described in this Section.
(i) 
Recommended Improvements. Should the analysis indicate that unsatisfactory levels of service (levels of service D, E or F) as described in “Highway Capacity Manual” (Transportation Research Board Special Report 209 - 1985 or latest edition) will occur on study area roadways, a description of proposed improvements to remedy deficiencies shall be included in this Section. Such proposals shall not include committed projects by the Township and State that have been described and analyzed as required above. The following information shall be included:
1) 
Proposed Recommended Improvements. This Section shall describe the location, nature and extent of proposed improvements to assure sufficient roadway capacity. Accompanying this list of improvements shall be preliminary cost estimates.
2) 
Volume/Capacity Analysis at Critical Points. Another iteration of the volume/capacity analysis shall be described which demonstrates the anticipated results of making these improvements.
3) 
Levels of Service at Critical Points. As a result of the revised volume/capacity analysis presented in the previous subsection, levels of service for the highway system with improvements shall be presented.
(j) 
Conclusion. The last Section of the report shall be a clear concise description of the study findings. This concluding Section shall serve as an executive summary.
(k) 
Implementation. All traffic improvements or improved levels of service shall be incorporated into the subdivision plan and/or land development plan and implemented and installed at applicant’s expense as permitted by law.
3. 
Access Management Requirements.
A. 
Application. These requirements shall apply to:
(1) 
All properties and projects accessing both sides of U.S. Route 209 from the interchange with Route I-80 to the border with Middle Smithfield Township.
(2) 
Both sides of Business Route 209, from the border with East Stroudsburg Borough to the intersection with Route 209.
(3) 
Both sides of future Route 1019 for its entirety.
These requirements shall be in addition to other zoning requirements pertaining to individual zoning districts.
B. 
Purpose. These requirements recognize the dual functions of Route 209, Business Route 209 and future Route 1019 within Smithfield Township; (1) as important regional arterials and (2) as the primary roadways for abutting Smithfield Township residents to access other streets and land uses. These regulations, accordingly, are intended both to protect the rights of abutting landowners to reasonable street access, and promote efficient traffic flow through the corridors. They also serve to promote the public health, safety and welfare of the residents of Smithfield Township by reducing the potential for vehicular accidents at access points along the corridors and avoiding future degradation of arterial street capacity.
C. 
Definitions. The following additional definitions shall apply to this Section.
CROSS ACCESS DRIVE
A service drive providing vehicular access between two or more contiguous sites so that the driver need not re-enter the public street system.
CURBLINE OPENING
The overall opening, dimension at the curb line, measured between the points of tangency of the driveway radii if curbing exists, or the maximum width of opening at the curb line if curbing does not exist.
FRONTAGE ROAD (a/k/a “PARALLEL ACCESS DRIVE”)
A public or private road that generally parallels a public street between the right-of-way and the front building setback line to provide access to private properties.
JOINT ACCESS DRIVEWAY
A common driveway connecting two or more contiguous sites to the public street system.
D. 
Nonconforming Driveways. Driveways that do not conform to the regulations in this Section and that were constructed before the adoption of this Section, shall be considered legal nonconforming driveways. Nonconforming driveways may remain in use until such time as the use of the property is changed in such a way as to impact the use of the driveway. Nonconforming driveways shall be reconstructed to comply with this Section if a change in the intensity of use of a property results in increased trip generation, as follows:
(1) 
A change in use for purposes of this regulation shall be any change that requires subdivision or site plan approval.
(2) 
A change in intensity of use is established when the use of the access increases peak hour or average daily traffic volume by 10% or more, based on the latest edition of “Trip Generation” published by the Institute of Transportation Engineers, provided that no use generating less than 50 trips per day shall be subject to this requirement.
E. 
Alternative Access. No tract shall be provided direct access to Route 209 and Business Route 209 if adequate alternate access can be provided by way of an arterial, collector, or frontage or cross access drive and if such access is in the best interest of traffic operations. Regulations in Subsections 3F through I shall apply when a tract is provided direct access to Route 209, Business Route 209 and future Route 1019.
F. 
Driveway Spacing.
(1) 
No driveway shall be permitted within 100 feet of a public highway intersection along Route 209, Business Route 209 or future Route 1019.
(2) 
Spacing between driveways along Route 209 and Business Route 209 will be determined as a function of current or planned posted speeds. The spacing will be determined according to the following Minimum Driveway Spacing Schedule:
Minimum Driveway Spacing Schedule
Posted Speed (MPH)
Minimum Spacing (feet)
30
125
35
150
40
185
45
230
(3) 
These spacings are based on average vehicular acceleration and deceleration rates and are considered necessary to maintain safe stopping distances and traffic operations. Spacing will be measured from the midpoint of each driveway or intersecting roadway. Should a particular parcel lack sufficient frontage on Route 209, Business Route 209 or future Route 1019 to accommodate adequate spacing, the landowner shall have the following options:
(a) 
The landowner may establish a joint access driveway with an adjoining property. The driveway midpoint in such cases shall be the property line between the two parcels. Alternatively, the landowner may gain access from a cross access drive or frontage road that connects the subject property and the adjoining property or properties. A joint easement agreement shall, in either of these two cases, be executed and filed with the deed of the participating properties prior to an access permit being granted.
(b) 
The landowner may seek approval from the Board of Supervisors to obtain a driveway onto Route 209, Business Route 209 or future Route 1019 if Subsection 3F(3)(a) above cannot be fulfilled at the time of application. The landowner shall, in such case, provide proof of an attempt to secure access from a common driveway or cross access drive. The Board shall impose the condition that the approved driveway is a temporary driveway and the landowner shall submit a deed agreement with Smithfield Township agreeing to close the driveway and to seek to establish a joint driveway or cross access driveway, if feasible, when an adjoining property is developed or redeveloped.
(4) 
Driveways shall be aligned with driveways across Route 209 where possible; if not possible, driveways shall be offset a minimum of 150 feet from those on the opposite side of Route 209, Business Route 209 or future Route 1019.
G. 
Access Points.
(1) 
Joint access driveways, cross access drives and linked or shared parking lots are strongly encouraged. All land owners submitting a subdivision or site plan shall address the feasibility of the use of joint access driveways, cross access drives and linked or shared parking lots. Use of such techniques shall be required wherever feasible.
(2) 
Retail and service businesses subject to conditional use review may, where feasible, parking is adequate and fencing requirements do not conflict, be required to provide pedestrian connections to adjoining retail and service properties along the frontage of regulated routes. Landowners of retail and service businesses shall be encouraged to provide pedestrian and bicycle connections to adjacent residential or commercial developments to the rear of the regulated routes where feasible.
(3) 
No tract shall be provided with more than one point of direct access to Route 209, Business Route 209 or future Route 1019, except for secondary emergency only accesses. However, if determined to be in the best interest of traffic operations, one driveway solely for ingress and one driveway solely for egress may be considered as one access point. Tracts with frontage of at least 600 feet may be permitted two access points in those instances where traffic operations will be demonstrably improved by such a design. Such driveways shall be separated from each other and from any intersecting street or driveway on an adjoining property by a minimum of 350 feet, as measured along the frontage of Route 209, Business Route 209, or future Route 1019, unless physical circumstances prohibit such separation.
(4) 
Any landowner of a tract adjoining the regulated routes who files a subdivision or site plan application shall submit, at the time of initial application, an overall development sketch plan. This sketch plan shall establish future access locations along Route 209, Business Route 209 or future Route 1019. Final approval shall establish the number of access ways permitted for the tract regardless of any future subdivision or development plan. No individual dwelling unit within any tract to be subdivided or developed for two or more dwelling units shall be provided with direct access to Route 209, Business Route 209 or future Route 1019.
(5) 
The curbline opening along Route 209, Business Route 209 or future Route 1019 for other than single-family residences shall be between 24 and 50 feet. However, the curbline opening for high volume uses generating more than 1,500 vehicles per day may be greater than 50 feet, if the opening conforms to Pennsylvania Department of Transportation standards.
(6) 
Access points may be restricted to right turn-in, right turn-out if determined to be in the best interest of traffic operations.
H. 
Incentive Bonus. When two adjacent landowners agree to combine access points, Smithfield Township may grant an incentive bonus. The total lot size and road frontage normally required may be reduced by 15% for both landowners. The required number of parking spaces may, in addition, be reduced by 15% for each development. However, if the adjoining land uses are determined to have the same peak hour for parking generation, Smithfield Township may:
(1) 
Withdraw the incentive bonus.
(2) 
Grant the incentive bonus, but impose the requirement that the developer set aside land, clearly indicated on the site plan for future paving for parking, to meet ordinance requirements if an analysis conducted within one year after occupancy determines that parking is insufficient. Any proposed future parking areas shall meet the requirements for land banked parking areas outlined in § 27-402, Subsection 8, of this Chapter.
(3) 
Additionally, the 15% reduction in the required number of parking spaces shall not be permitted if land banking of parking spaces per § 27-402, Subsection 8, is proposed.
I. 
Pennsylvania Department of Transportation Highway Occupancy Permit. Upon submission of preliminary access plans or highway occupancy permit plans to the Pennsylvania Department of Transportation, the applicant shall submit a copy of such plans along with any attached subdivision or land development plans to Smithfield Township. Issuance of a highway occupancy permit by the Pennsylvania Department of Transportation does not guarantee approval of plans by Smithfield Township.
SCHEDULE I TRIP GENERATION; AVERAGE WEEKDAY VEHICLE TRIP ENDS
Reference Institute of Transportation Engineers Trip Generation 6th Edition, Volumes 1, 2, and 3. Where there is a question as to the exact land use the Township Supervisors shall make the final determination or interpretation as to the specific uses in the publication which are most comparable to the proposed use. (Daily traffic shall be calculated and determined by the Institute of Transportation Trip Generation Reference Book, 6th Edition, Volumes 1, 2 and 3)
SCHEDULE II REGULATIONS FOR OFF-STREET PARKING SPACES2
Type of Use3
No. of Parking Spaces Required
Recreation and Open Space Uses
1.
- 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.
2.
Residential
 
 
- Conventional residential dwelling units
2 per dwelling unit
 
- Senior housing (over age 55)
1 per 2 dwelling units
 
- Conversion and accessory dwelling units
2 per dwelling unit
 
- Home occupations
2 in addition to those required for the primary residential use
 
- Timesharing residential unit
2 per dwelling unit
3.
Resort Development
Cumulative totals of more specific lodging, recreation, eating and drinking facilities and other uses.
4.
Lodging
 
 
- Motels, hotels, inns, bed and breakfast establishments
4 for every 3 sleeping rooms
 
- Rooming houses and dormitories
1 for every bed
 
- Campgrounds
2 for every camp site
5.
Eating and Drinking Establishments
 
 
- Restaurants and dining facilities
1 for every 2.5 seats and 1 for each full-time employee
 
- Facilities with walk-up window(s)
Add 10 spaces for each window
 
- Night clubs, taverns, bars, cocktail rooms
1 for every 2 seats
6.
Membership for Private Clubs, social Halls and Lodges
1 for every 200 gross square feet
7.
Commercial
 
 
- Retail, services, administrative offices, office buildings, office parks, shopping centers 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.
 
- 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 each 2 employees
 
- Bowling alleys
5 for each alley
 
- Day care (commercial)
1.5 for each 15 children of capacity, plus 1 for each facility vehicle, plus a minimum of 6 for off-street waiting
8.
Medical and Related Facilities
 
 
- Hospitals, specialty hospitals, medical centers and rehabilitation facilities
1 for every 325 sf. of gross floor area
 
- Assisted living facilities, medical residential campuses and nursing homes or skilled nursing facilities
1 for every 3 beds plus 1.5 per employee computed using largest number of employees for any given shift
 
- Athletic facility or health club, health and wellness center
1 for every 200 sf. of gross floor area
 
- Medical, dental and veterinarian offices
5 for every doctor, dentist or professional person plus 1.5 per employee computed using largest number of employees for any given shift
9.
Educational Facilities
 
 
- Elementary and secondary public and parochial schools
1 for every 15 classroom seats
 
- Colleges, universities, commercial and other schools
1 for every 5 classroom seats
10.
Places of Assembly
 
 
-Place of worship, theaters, auditoriums and other places of assembly including spectator recreation cultural facilities
1 for every 2.5 seats or persons to be accommodated
11.
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, plus 1 per each 3 employees.
12.
Data Centers
2 spaces for each 1,000 square feet of gross floor area (for the first 5,000 square feet of gross floor area) and 1 space for each 2,500 square feet of gross floor area thereafter. (Any fractional square feet of gross floor area shall be rounded upward.)
13.
Disaster Recovery Facilities
2.5 spaces per 1,000 square feet of gross floor area.
2 This table applies only to new construction or to new uses and to the enlarged section of any addition. For multi-purpose facilities, use the cumulative total of all use included.
3 For any use not specifically listed, the Zoning Officer shall apply the requirements of that listed used which he determines to be most similar.