Township of Lower Mount Bethel, PA Part 14 COMMON REGULATIONS

§ 27-1401 Applicability.

[Ord. No. 2022-02, 7/11/2022]

The provisions of this Part represent regulations and standards which are common to all zoning districts. Unless exempted by applicable provisions or specified limitations, the following common regulations shall apply to all uses. In the event that the provisions of this Part conflict with other provisions of this chapter, the more restrictive provisions shall apply.

§ 27-1402 Federal- and State-Owned Property.

[Ord. No. 2022-02, 7/11/2022]

Federal- and state-owned property shall be subject to the provisions of this chapter only insofar as permitted by the Constitution and laws of the United States of America and of the Commonwealth of Pennsylvania.

§ 27-1403 Modifications to Area and Bulk Regulations.

[Ord. No. 2022-02, 7/11/2022]

1. Small Lots of Record. Notwithstanding the lot area, lot width and lot coverage requirements of any zoning district, a building or structure containing a permitted, accessory, special exception or conditional use, may be erected on any lot with less than the required lot width or lot area if separately owned and not adjacent to any lot in the same ownership at the effective date of this chapter; provided, that the lot is not less than 2,200 square feet, has a minimum width of 30 feet, that the aggregate width of the side yards be not less than 30% of the lot width and that the narrower side yard be not less than five feet in width.

2. Space provided to satisfy the yard and/or lot area requirements for any use, building or structure, either existing or proposed, shall not be used to meet the yard and/or lot area requirements for any other use, building or structure.

3. Exceptions to Maximum Height Limits. No building or structure shall exceed the height limitations of this chapter, except for a ventilator, church spire, belfry, clock tower, cupola, dome, elevator, stair bulkhead, monument, observation tower, transmission tower, water tower, barn, silo, chimney, stage tower, scenery loft, smoke stack, flagpole, mast, windmill or wind energy system, solar panel, and other similar structures provided that they:

A. Are not devoted to human residency or tenancy;

B. Do not have any advertising sign or device attached to them; and

C. Are set back from any lot line a distance equal to or greater than the proposed height, unless otherwise provided for in this chapter. In addition, except for permitted agricultural structures and principal wind energy systems, the height of these excepted structures shall not exceed 65 feet unless otherwise provided for in this chapter.

4. Exceptions to Front Yard Requirements. The front yard setback of a proposed building in any zoning district may be decreased in depth to the average alignment or setback of any buildings lawfully existing upon the effective date of this section and located within 100 feet on each side of the proposed building, provided such calculation is limited to the same block, where applicable. Such reduction may occur when the alignment of the existing buildings is less than the front yard setback requirement for the applicable zoning district, provided that in no case shall a front yard be reduced to less than 50% of the required front yard for the applicable zoning district.

5. Permitted Projections Into Required Yard Areas. The following projections shall be permitted into required yard areas:

A. Terraces, patios, open balconies and porches, fire escapes, stairs and landings, provided that such features are unroofed and unenclosed, may project a maximum of five feet into any front, side, or rear yard. Such features shall not be permitted within five feet of any lot line;

B. Projecting architectural features, including, but not necessarily limited to bay windows, cornices, eaves, fireplaces, chimneys, and window sills, or other architectural features, provided that any single feature does not exceed 15 square feet in area;

C. Awnings or movable canopies may project into any yard a maximum of 12 feet, provided they extend no closer than 10 feet from the property line;

D. Fences, hedges and walls, as specified in § 27-1405;

E. A pump, light standard, air tower, water outlet, or similar installation of a gasoline service station, where permitted, may be placed within a required front yard setback, but in no case closer to a right-of-way line than 10 feet;

F. Accessory uses, as otherwise specified in this chapter.

6. Reduced Lot Width Permitted for Lots Having Access to a Cul-de-Sac Turnaround:

A. Except where otherwise specified in the applicable zoning district provisions, where the sole street frontage of a residential lot is along the turnaround of a cul-de-sac, the lot width at street line otherwise required may be reduced to no less than 1/4 of the perimeter of the cul-de-sac turnaround, measured along the right-of-way line, and the lot width at building line may be reduced to not less than 2/3 of that otherwise required;

B. This exception may be applied only where the side lot lines of the lot(s) in question radiate from a point at or near the center of the cul-de-sac turnaround.

7. Lots in Two Zoning Districts. Where a zoning district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided that the lot in question fronts upon and shall have access by a street in the less restricted zone.

8. Corner Lots. A front yard setback, as provided for in the area and bulk regulations for the various zoning districts, shall be required along each street on which a corner lot abuts. The rear yard shall be opposite the street to which the principal building is generally faced, and the side yard opposite the other street, unless otherwise indicated on an approved subdivision or land development plan. Accessory buildings shall be located behind the setback lines of both streets.

9. Reverse Frontage Lots. For reverse frontage lots, the minimum front yard setback shall be met along the street for which the United States Postal District mailing address is assigned. Accessory buildings shall nevertheless comply with the minimum front yard setback measured from both streets.

10. Flag Lots. Flag lots, as defined in § 27-202, shall be governed by the provisions of § 22-503, Subsection 3. of the Lower Mount Bethel Subdivision and Land Development Ordinance[1] and the following:

A. The access strip connecting the flag lot to the street may not be used for measuring building setback lines nor may the area of such access strip be included in the calculations of lot area to determine compliance with the minimum lot area requirements of the zoning district wherein such lot is located;

B. For purposes of interpretation, the lot width at street line of a flag lot shall be measured at the point where the access strip joins the main body of the lot along that lot line most nearly parallel to the street to which the driveway provides access. The minimum building setback shall be measured from that same lot line. Applicable side and rear yards for the zoning district shall be required for flag lots.

[1] Editor's Note: See Ch. 22 of this Code.

11. Lot Area and Lot Dimensions for Lots Not Served with Public Water or Public Sanitary Sewerage. Where a lot is served by neither public water supply nor public sanitary sewerage, and where municipal regulations, state statute, or federal regulations then in force require a higher standard for lot area or lot dimensions than what is required by this chapter, the more restrictive regulations shall apply.

12. Minimum Habitable Floor Area. The minimum habitable floor area of a dwelling unit shall be 1,000 square feet except for apartments, mobile homes, and accessory dwelling units, in which case the minimum habitable floor area required shall be 600 square feet.

§ 27-1404 Provision for Access and Utility Service.

[Ord. No. 2022-02, 7/11/2022]

1. Buildings to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to a private street where such access has been approved by the Township, and all buildings shall be located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

2. Utility Services.

A. All utility service for residential, commercial and industrial development, construction or subdivision, and their customary accessory buildings, shall be placed underground, notwithstanding any less restrictive requirements thereto, of the Commonwealth of Pennsylvania, its commissions, agencies, or departments. Primary service shall be underground from the utility company's last pole on a public right-of-way.

B. The specifications and standards for installation of the underground utilities shall be in accordance with those specifications and standards for underground utility service set forth by the utility company having appropriate jurisdiction.

3. Sewage Facilities. All uses shall be served by a sewage system consistent with the policies and recommendations of the current Lower Mount Bethel Township Act 537 Wastewater Facilities Plan, as may be amended, and the requirements of the Subdivision and Land Development Ordinance,[1] as amended. Proposed sewage systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection and the local sewage enforcement officer, as applicable.

[1] Editor's Note: See Ch. 22 of this Code.

4. Water Supply. Where public water service is available and where extension of service is reasonably feasible, proposed uses shall connect with public water service, in accordance with applicable Township building codes.

5. Stormwater Management and Erosion Control. All uses shall meet the regulations of the Lower Mount Bethel Township Stormwater Management Ordinance and applicable provisions of this and other Township ordinances, as well as federal, state and county provisions or requirements, to control stormwater runoff and mitigate sedimentation and erosion problems.

§ 27-1405 Fences, Hedges and Walls.

[Ord. No. 2022-02, 7/11/2022]

1. All fences and walls shall be erected, and hedges, trees, shrubs, and other vegetative growth planted or maintained, in conformance with the sight distance requirements set forth in Subsection 1.C. of this chapter.

2. Unless otherwise required in this chapter, no fence or wall, except a retaining wall, or a wall of a building permitted under the terms of this chapter over six feet in height, shall be erected within any of the yard setbacks required by this chapter, unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least four to one. In no case shall a fence or wall exceed four feet in height in the front yard setback or eight feet in height within 25 feet of any side or rear lot line.

3. No fence or wall shall be located within the public right-of-way.

4. Fences or walls that are in conformance with all of the provisions of this and other applicable ordinances may be permitted within required setbacks.

5. Fences or walls shall not be located in drainage easements or drainage swales that are part of an approved stormwater management plan.

6. Where the foregoing provisions conflict with landscaping, planting or screening requirements, the pertinent landscaping, planting or screening requirements shall apply.

§ 27-1406 Performance Standards.

[Ord. No. 2022-02, 7/11/2022]

1. No land, building, structure or premises in any zoning district shall be used, altered or occupied in a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive, or other hazard, noise or vibration, smoke, dust, odor, or other form of air pollution, electrical or other disturbance, glare, liquid or solid refuse or wastes, conditions conducive to the breeding of rodents or insects, or other substance, condition or element, in any manner or amount as to adversely affect the surrounding area. Any activity subject to approval pursuant to the Uniform Construction Code and/or Title 34, Pa. Code shall be governed thereunder where applicable and no inconsistent provision herein shall apply.

A. Vibration.

(1) No vibration shall be produced which is transmitted through the ground and is discernible at or beyond the lot line without the aid of seismic or electronic vibration measuring equipment.

(2) All commercial and industrial land uses, regardless of zoning district, shall comply with the criteria for vibration control set forth by the Pennsylvania Department of Environmental Protection.

B. Noise.

(1) All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency, or shrillness.

(2) No person shall operate or cause to be operated on private or public property any source of sound which is static, fluctuating, or intermittent with a recurrence interval of less than 15 seconds in such a manner as to create a sound level which exceeds 65 dB(A) between the hours of 7:00 a.m. and 9:00 p.m. prevailing time, when measured at or within the property of the receiving land use, except as specified in Subsection 1.B.(5) below.

(3) For any source of sound which emits a pure or continuous tone, the maximum sound level shall not be greater than 60 dB(A) between the hours of 7:00 a.m. and 9:00 p.m. prevailing time, when measured at or within the property of the receiving land use, except as specified in Subsection 1.B.(5) below.

(4) For any source of sound, whether intermittent or continuous, the maximum sound level between the hours of 9:00 p.m. and 7:00 a.m. prevailing time shall not be greater than 50 dB(A) when measured at or within the property of the receiving land use, except as specified in Subsection 1.B.(5) below.

(5) The maximum permissible sound limits listed above shall not apply to any of the following noise sources:

(a) The emission of sound for the purpose of alerting persons to the existence of an emergency or associated practice drills;

(b) Emergency work to provide electricity, water, or other public utilities when the public health or safety is at risk;

(c) Domestic power tools, between the hours of 8:00 a.m. and 8:00 p.m.;

(d) Excavation and construction operations carried on between the hours of 8:00 a.m. and 5:00 p.m.;

(e) Public celebrations authorized by the Township.

(6) It shall be unlawful for any person to own, possess, control or harbor any animal which makes noise continuously or repeatedly for a period of at least 15 minutes or makes noise intermittently for 1/2 hour or more to the disturbance of any person any time of the day or night, regardless of whether the animal is physically situated in or upon private property. Notwithstanding the foregoing, animal noise shall not be considered a violation of this chapter if the following exception applies: noise made by animals kept as part of a normal farming operation as defined pursuant to the Pennsylvania Right to Farm Act, 3 P.S. § 951 et seq., or any similar legislation to protect normal farming operations from legal actions, including nuisance actions, which may have the effect of restricting lawful agricultural operations.

C. Air Quality.

(1) There shall be no emission of smoke, dirt, fly ash, dust, fumes, vapors, gases or other matter toxic or noxious to air which can cause any damage to human health, to animals or vegetation or to other forms of property or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission or which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Article III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations, as amended.

(2) Where toxic materials are not listed in the ambient air quality standards of the Commonwealth of Pennsylvania, the release of such materials shall be in accordance with the fractional quantities of those toxic materials currently listed in the "threshold limit values" adopted by the American Conference of Governmental Industrial Hygienists and amended from time to time. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any 24 hours sampling period.

(3) In no event shall any person, firm or corporation permit or cause the discharge of particulate matter into the atmosphere from incinerators in excess of 0.1 grain per cubic foot of gas at standard conditions corrected to 12% carbon dioxide, except as may be designated under specific contaminants.

(4) It shall be unlawful for any person to install, alter, enlarge, or make additions to any existing or new facilities, equipment, or operation that may be a source of air contaminants or to install, alter, enlarge, or make additions to any existing or new equipment, devices, or apparatus, the use of which may eliminate, reduce, or control the emission of air contaminants, until an application, including plans and specifications, has been filed with the Township and any applicable permit has been issued following review and approval by the Township engineer. Should the Township require the services of a professional or consultant for review of submitted plans and specifications, the applicant shall bear all costs for such services.

(a) Two sets of plans shall be submitted with each application. If the plans are approved, one copy shall be retained by the Township and the second copy shall be kept at the site of construction.

(b) Each application shall be examined by the Township which shall approve or reject the application within 30 days from the date of filing thereof.

(c) Where a permit is also required from the Pennsylvania Department of Environmental Protection, no Township permit shall be issued until the state permit has been obtained and evidence of the same has been given to the Township.

(d) After the completion of any work requiring a permit, the applicant shall apply for a certificate of approval. The certificate shall be issued by the Township and shall certify that the work has been done in accordance with the approved plans.

(e) The Township may, at its discretion, require tests to be made of any work before it issues a certificate of approval. Such tests shall be made at the expense of the applicant.

D. Electrical, Radio, and Electromagnetic Interference. No use, activity, or process shall be conducted in a manner which produces electrical, electromagnetic or other interference with normal radio, telephone, or television reception or adversely affects the operation of any equipment off the premises where the activity is conducted.

E. Fire and Explosive Hazards. All activities dealing with, and all storage of flammable and explosive material, at any point, shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire-suppression equipment and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania. All buildings and structures, within which activities dealing with or storage of flammable or explosive materials occur, and the activities conducted within such buildings and structures, shall conform to any applicable Township Ordinances and any applicable state or federal regulation. Any explosive material shall conform to the requirements of Chapter 211, Title 25, Rules and Regulation, Pennsylvania Department of Environmental Protection, for Storing, Handling and Use of Explosives.

F. Radioactive Materials. There shall be no activities which emit dangerous levels of radioactivity at any point. If any use is proposed which incorporates the use of radioactive material, equipment, or supplies, such use shall be in strict conformity with Chapters 221, 223, 225, 227, and 229 of Title 25, Article V of the Pennsylvania Department of Environmental Protection Rules and Regulations and the regulations of the Atomic Energy Commission, Title 10 CFR Chapter One, Part 20, "Standards for Protection Against Radiation," as amended.

G. Heat. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.

H. Liquid and Solid Waste (Non-Radioactive).

(1) There shall be no discharge at any point into any public or private sewerage system, watercourse, or into the ground of any materials in such a way or of such a nature as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of the Commonwealth of Pennsylvania, specifically Chapters 73, 75, 95, and 97 of Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations, as amended.

(2) No waste matter shall be stored on any property, other than an approved sanitary landfill or junkyard, for longer than 30 days.

I. Odor. No use, except for permitted agricultural operations, shall emit odorous gases or other odor in such quantities as to be offensive at any point on or beyond the lot boundary line within which the operation is situated.

J. Public Health and Safety. No use shall create any other objectionable condition in an adjoining area which will endanger the public health or safety, or impede the permitted uses of the surrounding area.

§ 27-1407 Outdoor Storage.

[Ord. No. 2022-02, 7/11/2022]

1. General Requirements.

A. Outdoor storage of products, materials, equipment, machinery, or supplies other than those accessory to a permitted agricultural use or timber harvesting operation shall be screened from view of public rights-of-way and adjacent residential uses. Screen landscaping shall be in accordance with § 27-1408.

B. All organic refuse or garbage shall be stored in tight, vermin-proof containers. In multiple family, commercial and industrial developments, garbage storage shall be centralized to expedite collection and enclosed on three sides by an architectural screen or plantings.

C. No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following where permitted by the fire marshal and where enclosed within an approved safety fence, compatible with the architectural and landscaping style employed on the lot:

(1) Tanks or drums of fuel connected directly with and located and operated on the same lot as the devices or appliances they serve;

(2) Tanks or drums for storage of not more than 300 gallons of fuel oil or gasoline or diesel fuel, provided such tanks are located no closer than 25 feet to any lot line;

(3) Permitted liquid storage tanks shall be enclosed by a moat or berm to contain potential spillage.

D. No materials or wastes shall be deposited upon a lot in such form or manner that they may contaminate a stream or watercourse, or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life.

E. No vehicles without current license plates shall be stored outside on any lot.

2. Residential Outdoor Storage.

A. Recreational Vehicles.

(1) Not more than one recreational vehicle, as defined in Part 2, shall be parked or stored on any residential property, except in a carport or enclosed building or where screened from view from any public road or neighboring residential property.

(2) Notwithstanding the limitations set forth in Subsection 2.A.(1) above, more than one recreational vehicle may be parked or stored anywhere on a residential property for a period not to exceed 48 hours.

(3) No recreational vehicle shall be used for dwelling purposes on a residential lot for more than seven days per quarter.

B. No storage shall be permitted within the front yard of any residential lot. In the case of a reverse-frontage or corner lot where more than one yard is considered a front yard, storage may be permitted beyond the minimum front yard setback in no more than one such front yard.

3. Non-Residential Outdoor Storage. For all non-residential uses, storage of materials, equipment or vehicles, but not including parking and similar activities, shall be carried on within a building, except that outdoor storage for a permitted agricultural, industrial or commercial use may be authorized where all of the following conditions are met:

A. The agricultural, industrial or commercial use involved traditionally employs long-term outdoor storage of materials or products (e.g., lumber yard);

B. Such storage is needed for the successful operation of the use, and the proposed site is suitable for outdoor storage;

C. The applicant can demonstrate that indoor storage is not practical;

D. The standards described in § 27-1409, Access and Traffic Control, herein, shall be met;

E. The materials stored shall not exceed eight feet in height and the storage area shall comply with setback and impervious coverage requirements, measured as if the storage area, when full up to eight feet in height, were an accessory structure;

F. The storage shall comply with any applicable condition of a prior plan approval;

G. The storage area shall be located to the side or rear of the property behind the front building line of any principal structure;

H. The storage area shall be screened from view from any public right-of-way or any residential use or zoning district by buildings, walls or an effective landscape screen, as set forth in § 27-1408 of this chapter;

I. Any establishment which furnishes shopping carts as an adjunct to shopping shall provide definite areas within the building and parking area for storage of said carts. Each designated storage area shall be enclosed by a barrier at least six inches higher than the parking area surface, and shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors, or otherwise secured during non-operating hours.

§ 27-1408 Landscaping and Screening.

[Ord. No. 2022-02, 7/11/2022]

1. Any part or portion of any lot or tract which is not occupied by buildings or structures or used for loading, parking spaces and aisles, pedestrian circulation, designated storage areas, or other permitted impervious or semi-pervious surfaces shall be landscaped and continuously maintained according to a landscape plan approved by the Township where required pursuant to § 22-522 of the Subdivision and Land Development Ordinance,[1] or shall be left in its pre-existing condition or natural state (e.g., forest, meadow or hedgerow). Existing native vegetation, natural features and historic resources shall be preserved wherever practicable.

[1] Editor's Note: See Ch. 22 of this Code.

2. New planting materials shall be chosen to prevent soil erosion and subsequent sedimentation, and shall be disease-free and suitable for the local climate. All new planting materials shall be healthy native or indigenous species or other nursery stock well-suited to the Township. A list of acceptable plantings is on file at the Township. Except where otherwise noted, all new trees shall be balled and burlapped and shall have a minimum size of not less than 2-2 1/2 inches caliper.[2]

[2] Editor's Note: So in original.

3. No landscaping other than grass cover shall be permitted within a utility right-of-way or above any underground infrastructure elements such as sewer and water mains and laterals; gas mains and laterals; electric, telephone, and cable television lines; and other similar features.

4. Any required screen planting or landscaping shall conform to the following:

A. A screen is hereby defined as a landscaped barrier of sufficient height and density as to obstruct casual observation in accordance with the following standards. Screen landscaping may include opaque fencing conforming to § 27-1405 and/or landscaped berms in addition to plantings where approved at the discretion of the Township. Planting arrangements which vary from the standards herein may be permitted subject to conditional use approval;

(1) Upon installation, a screen planting shall be not less than five feet tall, achieving a height of not less than eight feet within three years;

(2) Screen plantings shall be located in a planting strip having a minimum depth of 20 feet in the I - Industrial District and 10 feet in all other zoning districts, which depth shall exclude any area within any access, utility or stormwater management right-of-way. No plant shall be closer than five feet to any property line;

(3) At least 50% of the screen planting specimens shall be evergreens, distributed evenly along the length of the barrier;

(4) Screen landscaping may incorporate earthen berms not exceeding 48 inches in height;

B. Screen landscaping shall be provided and continually maintained by the landowner in the following cases:

(1) Along the perimeter of any non-residential or non-agricultural use where such use is contiguous to a residential use or any property within the LD or MD Districts;

(2) Along the perimeter of any residential development comprising more than four town houses or eight other multifamily dwellings, and along the perimeter of any mobile home park;

(3) Where any portion of any non-residential or non-agricultural use, except permitted signs, is visible from and within 200 feet of the Delaware River Valley Scenic Byway. The location of the screen planting in such cases may vary in distance or depth from the Byway and to the extent practicable avoid a long linear screen planting along the immediate edge of the Byway;

(4) Where required by the Zoning Hearing Board or where stipulated as a condition of conditional use approval by the Board of Supervisors;

C. Screen landscaping shall not be required between two non-residential or non-agricultural uses of the same or like character;

D. No screen landscaping shall be permitted where it may impose a threat to the public safety by obstructing the view of motorists to oncoming traffic or pedestrians;

E. Screen plantings shall be maintained as long as the use or uses on the screened lot is/are in operation. Any plant material which does not survive shall be replaced within six months;

F. Screen landscaping shall not be required where the lot abuts an area of existing natural vegetation which effectively screens the lot from casual observation to a height of at least eight feet.

5. Landscaping shall be required within parking lots in conformance with § 22-522, Subsection 3. of the Subdivision and Land Development Ordinance.[3]

[3] Editor's Note: See Ch. 22 of this Code.

§ 27-1409 Access and Traffic Control.

[Ord. No. 2022-02, 7/11/2022]

1. To minimize traffic congestion and hazards, control street access and encourage orderly development of highway frontage, the following regulations shall apply:

A. Lots Abutting Two or More Streets. Any lot which abuts two or more public streets shall have direct access only to the street of lesser functional classification.

B. Location of Ingress and Egress. Ingress and egress for driveways and off-street parking and access to public streets shall be designed and arranged in conformance with the provisions of § 22-512 of the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 22 of this Code.

C. Obstructions to Vision. On any lot, no wall, fence, hedge, tree, shrub or other obstruction shall be above the height of 30 inches and below the height of 10 feet within the clear sight triangle as defined and measured pursuant to § 22-508, Subsection 6. of the Subdivision and Land Development Ordinance.[2]

[2] Editor's Note: See Ch. 22 of this Code.

§ 27-1410 Interior Circulation.

[Ord. No. 2022-02, 7/11/2022]

1. Interior accessways, driveways, aisles and parking areas shall be designed, constructed, and maintained in accordance with the Subdivision and Land Development Ordinance,[1] notably including, but not limited to, the standards set forth in § 22-512 and § 22-523 thereof. Off-street parking areas shall further comply with all applicable standards set forth in § 27-1411, On-Street and Off-Street Parking Requirements, and § 27-1412, Off-Street Loading.

[1] Editor's Note: See Ch. 22 of this Code.

2. Where not inconsistent with the provisions of the Subdivision and Land Development Ordinance,[2] access aisles, driveways and traffic channelization shall meet the following objectives. Where any provisions are deemed inconsistent, the more stringent shall apply:

A. Interior driveways shall be designed to prevent blockage of vehicles entering or leaving the site. Driveways may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery, and other service vehicles shall be arranged as to prevent blocking or interfering with access driveways or the use of automobile parking facilities or pedestrian ways, and shall have adequate turnaround surface so egress to the street is in a forward direction;

B. Access driveways, parking areas, and loading areas shall have clearly defined parking bays and traffic circulation lanes, designated by markings, curbs, barriers and/or landscaped islands, so that operators of vehicles intending to patronize such parking areas shall not impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them;

C. Parking areas shall be designed so that a vehicle within a parking area shall not have to enter a public street to move from one location to any other location within the parking area or lot. Turnaround surface shall be provided so egress to the street is in a forward direction;

D. Interior access driveways serving as access aisles within parking areas (with abutting parking spaces) shall conform to all applicable provisions of § 27-1411 of this chapter;

E. All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about buildings, other than those relating to a dwelling, shall be adequately illuminated according to § 27-1417 of this chapter.

[2] Editor's Note: See Ch. 22 of this Code.

3. Emergency Vehicle Access.

A. Criteria for driveways and access roads to structures:

(1) A proposed driveway or access road shall be designed to allow emergency vehicle access to within 100 feet of a principal building, including adequate structural capacity for emergency vehicle use of any required stream or other waterway crossing or bridge or culvert of any kind;

(2) Where a principal building is located more than 100 feet from the cartway or where an emergency vehicle would otherwise be prevented from reaching this minimum distance from the structure, the following requirements shall be met by the driveway to ensure access:

(a) Minimum cleared width: 14 feet;

(b) Minimum all-weather surface width: 10 feet;

(c) Minimum curve radii: 35 feet;

(d) Minimum overhead clearance: 12 feet.

B. Criteria for Driveways and Access Roads to Water Sources. In order to provide adequate access to designated firefighting water supplies, such as a river, pond, lake or hydrant, proposed driveways or access drives to such water sources shall meet the minimum criteria of Subsection 3.A., above, to at least within 20 feet of the designated water source.

C. Where not otherwise required pursuant to any applicable building code requirement, no institutional, commercial, industrial or residential building, other than single-family residences and buildings accessory to residential or agricultural use, shall be located more than 50 feet from an improved and accessible fire lane, nor more than 600 feet from a duly dedicated, accessible and improved public street.

4. Pedestrian Circulation. The standards set forth in § 22-516 of the Subdivision and Land Development Ordinance[3] shall apply to any land development.

[3] Editor's Note: See Ch. 22 of this Code.

§ 27-1411 On-Street and Off-Street Parking Requirements.

[Ord. No. 2022-02, 7/11/2022]

1. Applicability.

A. On-street parking shall be governed by the Lower Mount Bethel Township Streets and Sidewalks Ordinance. Additionally, parking on-street of commercial vehicles shall be prohibited in the LD and MD Districts except where immediately involved in work, service, or delivery at a residence within either District. In all zoning districts, on-street parking shall conform to regulation of permitted home occupations and no-impact home-based businesses wherever applicable.

B. The remainder of this § 27-1411 establishes specific controls for the design, location, size and layout of off-street parking and loading facilities as they relate to land use. In case of conflict between the standards set forth in the Subdivision and Land Development Ordinance[1] and those herein, the more restrictive shall apply.

[1] Editor's Note: See Ch. 22, Subdivision and Land Development, in this Code.

C. All land uses proposed in Lower Mount Bethel Township subsequent to the adoption of this chapter shall be in conformance with the specifications and requirements herein.

D. Uses existing at the time of the adoption of this chapter, and subdivision or development plans granted final approval and signed by the Board of Supervisors prior to the adoption of this chapter shall not be bound by the requirements herein, except as provided in Subsection 1.E. below.

E. Parking areas serving existing uses or structures shall be brought into conformance with the requirements of this chapter under the following circumstances:

(1) If the use or structure served by the parking area is substantially improved, including additions to interior floor space, or other construction or restoration activity requiring a Township building permit;

(2) If the use or function of the structure is changed.

F. The owner(s) or manager(s) of any property shall be responsible for the maintenance of the off-street parking areas serving that property in accordance with any applicable approved plan. Maintenance shall include, but shall not be limited to, litter control, plowing of snow, maintenance of landscape elements and lighting, sealing of pavement, repainting of lines and other markings on the pavement, repaving as necessary, and any other work required to maintain the parking area in an attractive, safe and functional condition.

2. General Requirements. Off-street parking spaces, with proper and safe access from a street, shall be provided on each lot, either within a structure or in the open, to serve the uses upon that lot.

A. Parking spaces and aisles shall meet the design, dimensional, grading and paving requirements set forth in § 22-523 of the Subdivision and Land Development Ordinance.[2]

[2] Editor's Note: See Ch. 22 of this Code.

B. Parking lot landscaping shall be provided where required pursuant to § 22-522, Subsection 3., of the Subdivision and Land Development Ordinance.[3]

[3] Editor's Note: See Ch. 22 of this Code.

C. All parking areas shall be designed to be accessible year-round.

D. Required parking areas shall be asphalt, except where an alternative paving material is permitted or required by the Township upon the recommendation of the Township engineer.

E. Reserve parking areas may be permitted or required to comprise precast porous paver blocks (such as "grasscrete"), gravel, grass or other approved material, depending upon the degree of anticipated use, based upon the recommendation of the Township engineer.

F. Stormwater Management.

(1) All land development plans with off-street parking areas shall be accompanied by a stormwater management plan for the entire site meeting all applicable regulations regarding stormwater management and erosion control.

(2) Development plans presented at the preliminary plan stage shall clearly indicate drainage patterns across all surface areas and areas altered by proposed developments.

G. Parking spaces shall be clearly delineated by suitable markings. Short-term visitors parking spaces shall be differentiated from long-term employee spaces by suitable markings.

H. Where required, parking areas shall be provided with outdoor lighting in accordance with § 27-1417.

3. Minimum Number of Spaces Required. The following minimum number of off-street parking spaces per use shall be provided for the uses indicated below. In addition, one space for each company vehicle stored on the premises shall be provided, where applicable. Throughout this section, "s.f." shall be interpreted as "square feet" and "GLFA" shall be interpreted as "gross leasable floor area," as defined in Part 2. The term "GLFA" shall include storage areas and other areas used to keep stock and inventory, unless such storage areas are located below grade level in a basement. For any use not specifically provided herein, the parking requirements shall be as specified in the most recent edition of the I.T.E. Parking Generation Manual or as recommended by the Township engineer. Where the I.T.E. Parking Generation Manual suggests a standard or standards differing from those set forth herein, the Township at its sole discretion may elect to impose any applicable I.T.E. standard.

A. Residential Uses. For residential uses, the following minimum parking requirements shall apply. Individual enclosed garages designed to house two or more cars may be substituted for one off-street parking space:

(1) For all single-family, two-family and multifamily dwellings, there shall be provided two off-street parking spaces per dwelling unit; individual enclosed garages designed to house two or more cars may be counted as one off-street parking space;

(2) For any group home, nursing home, assisted living residence, hospital, or convalescent home there shall be provided one space for each five beds or fraction thereof, plus one space for each employee on the largest shift.

B. Non-Residential Uses. For all non-residential uses except professional or government offices, there shall be sufficient parking spaces provided for each use so that there is a minimum of one space for each employee on the shift of greatest employment, plus additional parking spaces to be provided by the application of the appropriate formula for each use as listed below. For professional or government offices, helipads and heliports, the formula below includes the inclusion of employee parking:

(1) Mixed Use Development. For any mixed use development, the number of required parking spaces shall be calculated by adding together the parking required for each use to be included within the development, including any residential component, based on a mix of uses reasonable to project long-term parking needs and acceptable to the Township, and multiplying the sum by 0.75;

(2) Hotel, Motel or Bed and Breakfast. One space for each rental unit. If a restaurant, auditorium, or other related use in connection with such principal use is open to the public, the off-street parking facility for such related uses shall not be less than those required individually for such uses;

(3) Church or Other Place or Worship. One space for each five seats. Places of worship are encouraged to seek shared use of parking with other uses with differing times of peak usage;

(4) Club, Lodge. One space for each two members the facility is designed to accommodate;

(5) Golf Course. Three parking spaces for each tee;

(6) Park, Riding Academy, Hunting Club, or Other Outdoor Recreational Use. Variable, depending upon proposed intensity of use, subject to approval by the Township;

(7) Theatre, Auditorium. One space for each five seats;

(8) Library, Museum or Similar Cultural Institution. Three parking spaces for each 1,000 square feet of gross floor area;

(9) Mortuary, Funeral Home. One space for each three visitors the facility is designed to accommodate;

(10) Bowling Alley. Five spaces for each bowling alley;

(11) Eating or drinking establishment, except fast-food restaurants. One space for each four seats;

(12) Fast-food restaurants and convenience stores. Ten parking spaces for each 1,000 square feet of floor space;

(13) Retail stores, general business, commercial and personal service establishments. Three and one-half parking spaces for each 1,000 square feet of area used for sales and the display of merchandise, but not less than five parking spaces;

(14) Sale of Gasoline. One parking space per pump plus two stacking spaces for each pump;

(15) Financial Service Establishment. Three parking spaces for each 1,000 square feet of floor area, excluding area used exclusively for filing or storage;

(16) Professional or Government Office. Three parking spaces for each 1,000 square feet of office space;

(17) Medical or Dental Office or Clinic. Three parking spaces for each 1,000 square feet of office/clinic space;

(18) Veterinary Office or Clinic, Animal Hospital. Three parking spaces for each 1,000 square feet of office/clinic space;

(19) High Schools. One parking space for every four students based on the design capacity of the school;

(20) All Other Schools, Except Kindergartens or Nursery Schools. One parking space for every 10 students based on the design capacity of the school;

(21) Kindergarten, Adult or Child Day Care or Child Nursery. Two parking spaces for each 1,000 square feet of floor area, plus adequate space for client dropoff and pickup, subject to approval by the Township;

(22) Manufacturing, Wholesale Sales, Storage or Distribution, Including Personal Storage Facility. One parking space for each 1,000 square feet of floor area;

(23) Vehicular Sales, Service, and Repair; or Car Wash. Two spaces for each 200 square feet of floor or ground area devoted to repairs, sales, or service facilities. In no case shall the spaces for permitted motor vehicle storage in conjunction with a service station be less than five;

(24) Laboratory or research facilities, printing and publishing facilities, kennels, junkyards and any other use not specifically provided herein; sufficient parking to accommodate visitors or clients, subject to approval of the Board of Supervisors;

(25) Helipad. One off-street parking space for each employee (including, but not limited to, independent contractors and pilots) on the largest shift;

(26) Heliport. One off-street parking space for each employee (including, but not limited to, independent contractors and pilots) on the largest shift, three off-street parking spaces for each helicopter flight per day that the heliport can accommodate and one off-street parking space for every 200 square feet of floor area open to the public; provided, however, that the minimum number of off-street parking spaces at a heliport shall be 6.0 spaces.

4. Handicapped Parking. Handicapped parking shall be provided in accordance with the accessibility and means of egress requirements of the adopted building and/or construction code of Lower Mount Bethel Township. At a minimum, the following design parameters shall be met:

A. A minimum of one handicapped accessible parking space shall be provided for each 20 parking spaces or fraction of 20 spaces. Such spaces shall be a minimum of 12.5 feet wide by 20.0 feet long, and shall be located so as to provide the safest and most efficient access to the principal building served by the parking lot;

B. For every eight handicapped accessible parking spaces or fraction of eight handicapped accessible spaces, there shall be at least one such space that is van accessible;

C. Each handicapped space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access;

D. Where possible, handicapped spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars;

E. Where applicable, curb ramps shall be provided to permit handicapped people access from the parking lot to the sidewalk or building entrance.

5. Reduction in Parking. In order to reduce unnecessary impervious surface and excessive stormwater runoff, the number of required paved parking spaces may be reduced when authorized as a special exception by the Zoning Hearing Board in consideration of the following:

A. Evidence shall be submitted satisfactorily demonstrating to the Township that the subject use(s) require(s) less parking spaces than required by § 27-1411;

B. Where more than one use is served by the same parking area, and the applicant demonstrates to the satisfaction of the Zoning Hearing Board that peak parking usage for the subject uses are not simultaneous, the Zoning Hearing Board may approve or require a reduction in parking such that the greatest extent of simultaneous parking demand shall still be met;

C. A site development plan shall be submitted indicating the location and layout of the required parking area(s), including those parking areas deemed "unnecessary" by the applicant at the time of application. To the extent approved by the Zoning Hearing Board, all or portions of such "unnecessary" area(s) may be removed from the plan or may be designated as "reserve parking area(s)," designed and constructed in accordance with Subsection 2.E. herein;

D. In no event shall authorized reserve parking area(s) be counted as open space or other pervious surface required by other provisions of this chapter. In addition, the reserve parking area shall not be used for storage or structures, whether of a temporary or permanent nature.

6. Location of Parking.

A. Except as provided in Subsection 6.B., below, required off-street parking shall be located on the same lot as the uses or activities for which the parking is required.

B. Required parking spaces may be located other than on the same lot when authorized as a conditional use, provided that:

(1) Some portion of the common off-street parking areas lie within 200 feet of an entrance regularly used by patrons into the building served thereby; and

(2) The owners of two or more establishments desiring a common parking area shall submit, with their application for conditional use, a signed agreement and a site plan showing joint use and location of a common off-street parking area.

7. Off-street parking facilities existing at the effective date of this chapter shall not subsequently be reduced to an amount less than that required under this chapter for the particular zoning district in which the off-street parking facilities are located.

8. Parking and storage of vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any street or on any residentially zoned property other than in completely enclosed buildings.

9. No repair to or maintenance of vehicles of any kind shall be permitted in any accessory parking facility except in the case of emergency.

10. Off-Street Parking in Required Yards. The following standards shall apply except where modified subject to conditional use approval by the Board of Supervisors:

A. Parking areas, including access drives, shall be set back a minimum of five feet from any street right-of-way or any property line except in the case of property lines which are party lines between single-family attached dwelling units.

B. No parking lot for off-street parking or for the storage or movement of motor vehicles shall directly abut a public street unless separated from the street line a minimum of 10 feet by a buffer planting strip.

§ 27-1412 Off-Street Loading.

[Ord. No. 2022-02, 7/11/2022]

1. General Provisions. In connection with any building or structure which is erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading and unloading berths not less than the minimum requirements specified in this section. All off-street loading also shall comply with the standards set forth in the Lower Mount Bethel Township Subdivision and Land Development Ordinance.[1] In case of conflict between the standards set forth in the Subdivision and Land Development Ordinance and those herein, the more restrictive shall apply.

A. Location. All required loading areas shall be located on the same lot as the use to be served, and no portion of a vehicle parked for loading or unloading shall project into any accessway or traffic lane. No permitted or required loading area shall be located within the minimum yard setback from any property line.

B. Idling. No truck or other vehicle shall remain stationary with engine idling in the loading area for longer than 30 minutes.

C. No storage of any kind shall be permitted within any required loading area except goods stored within trucks awaiting delivery or transport.

D. No motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading area.

E. Loading areas shall be restricted to the rear of the building(s), and if necessary, to the side.

F. A screen planting shall be provided, in accordance with § 27-1408, between loading areas and the surrounding properties.

G. All loading areas shall have a dust-free surface over the entire area customarily used by delivery vehicles for parking and maneuvering. The surface may be asphalt, bituminous concrete, concrete, oil-sealed gravel, compacted gravel, or any other dust-free surfacing material which meets with the approval of the Township.

[1] Editor's Note: See Ch. 22 of this Code.

2. Required Off-Street Loading Facilities. The following off-street loading standards shall apply, except where modified subject to conditional use approval by the Board of Supervisors.

A. Commercial and Industrial Uses. Loading or unloading berths shall be provided in accordance with the following table for commercial and industrial uses:

Aggregate Gross Floor Area Devoted to Each Use (square feet)	Minimum Required Number of Berths
2,000 to 7,999	1
8,000 to 19,999	2
20,000 to 39,999	3
For each additional 40,000	1 additional

B. Office, Professional and Institutional Uses. Loading or unloading berths shall be provided in accordance with the following table for office and professional uses, and institutional uses:

Aggregate Gross Floor Area Devoted to Each Use (square feet)	Minimum Required Number of Berths
5,000 to 9,999	1
10,000 to 24,999	2
25,000 to 49,999	3
For each additional 50,000	1 additional

C. All other uses with a total of 5,000 square feet or more of aggregate gross floor area shall provide loading spaces adequate to accommodate normal demands of loading and unloading incidental to that type of use, to the satisfaction of the Township.

D. The number of loading or unloading berths may be less than the number of berths required above in the event that both of the following conditions are met:

(1) Evidence is submitted documenting that the use of the building requires fewer loading berths than required by Subsection 2.A. and 2.B., above.

(2) The site development plan shall indicate where such loading berths could be located if, at a future date, they are determined to be needed. Such area shall be designated as "proposed future loading area" on the plan and no permanent structures shall be permitted within this area.

§ 27-1413 Sign Regulations.

[Ord. No. 2022-02, 7/11/2022]

1. Purpose. The purpose of this section is to provide for the regulation of signs in Lower Mount Bethel Township, as a proper exercise of the municipal police power, to protect the public health, safety, and welfare in accordance with the following objectives:

A. To control the size, location, and illumination of signs in the Township in order to reduce hazards to pedestrian and vehicular traffic;

B. To encourage signs which are well-designed and pleasing in appearance, and to provide latitude for variety, in order to enhance the economic value as well as the visual character of properties within the Township;

C. To establish standards designed to encourage signs which are compatible with their surroundings, appropriate to the type of activity to which they pertain, expressive of the identity of individual proprietors, and legible in the circumstances in which they are seen; and to prohibit the erection of signs that do not meet these criteria;

D. To prohibit the construction of and require the removal of signs which constitute a hazard or a blighting influence.

2. Prohibited Signs. The following signs are unlawful and prohibited:

A. Abandoned Signs.

B. Signs on vehicles not used for normal day-to-day operations of a business or not regularly moved for business related purposes or not used for regular personal transportation or parked for more than 72 hours in a location where the sign or signs meet the definition of off-premises sign.

C. Signs which flash, are animated, scroll or flash text or graphics, revolve or rotate with the exception of barbershop poles.

D. Searchlights used as a means of drawing attention to a business or other use.

E. Inflatable devices or balloon signs, with the exception of balloons used in temporary, noncommercial situations.

F. Signs that imitate, resemble, interfere with, or obstruct official traffic lights, signs, or signals.

G. Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open flames.

H. Interactive signs.

I. Signs incorporating beacon or festoon lighting.

J. Any banner or sign of any type suspended across a public street, without the permission of the owner(s) of the properties on each side of the road and the Township or PennDOT as applicable road owner.

K. Roof signs or signs projecting above the roof-line.

L. Signs erected without the permission of the property owner, with the exception of those authorized or required by local, state, or federal government.

M. Any sign containing information which states or implies that a property may be used for any purpose not permitted under the provisions of the Lower Mount Bethel Township Zoning Ordinance.

N. Signs that exhibit statements, words, or pictures of obscene or pornographic subjects as determined by Lower Mount Bethel Township.

O. Any sign that promotes illegal activity.

3. Exempt Signs. No zoning permit shall be required for the following signs; such signs shall not be included in the determination of the type, number, or total area (square footage) of signs permitted, provided conformance with all other regulations set forth herein:

A. Public Signs. Signs erected or required by government agencies or utilities, including traffic, regulatory, utility, safety, railroad crossing, and identification or directional signs for public facilities.

B. Signs or emblems of a religious, civil, philanthropic, historical or educational organization located on the premises to which they pertain that do not to exceed six square feet in area and provided that such signs do not advertise any establishment, activity, organization, product, goods, or service that are commercial in nature.

C. Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three feet from the window.

D. Legal notices, security and warning signs, including for example "no trespassing" or "no hunting" signs, not to exceed two square feet in area.

E. Signs that advertise the sale, rental, or lease of property upon which they are located, not to exceed six square feet in area and not more than one such sign per street frontage on a single lot or parcel.

F. Signs on agricultural properties of 12 or more acres pertaining to activities located on the subject property, not exceeding six square feet in area and to be removed upon cessation of the activity to which they pertain, regardless of number per road frontage.

G. Personal expression signs of any sign type, provided that they do not exceed six square feet in area per side, are noncommercial in nature, not illuminated, and limited to no more than one sign per street frontage. Signs supporting a political candidacy during a specific election cycle shall be regulated as temporary signs.

H. Address Signs. Up to two signs on a single lot or parcel stating address(es) or name(s) of occupants or other identification of the premises and not including any commercial advertising nor exceeding four square feet in area.

I. Private Drive Signs. One sign per driveway entrance, not to exceed two square feet in area.

J. Flags. No more than two flags per lot not located within any right-of-way, each not exceeding 24 square feet in area, not exceeding 30 feet in height to the top of the pole, and not located closer to any neighboring property line than a dimension equal to the height of the pole.

K. Signs on vending machines, indicating the name of the product being sold and/or the price of such product.

L. Memorial signs, public monument or historical identification sign not exceeding four square feet in area.

M. Signs which are a permanent architectural feature of a building or structure, existing at the time of adoption of this chapter.

N. Art and murals, provided they do not contain any commercial messaging and are limited to no more than 25% of the area of any wall.

O. Temporary Signs. Signs related to a service being performed, a property or item for sale, an activity to occur, or a political candidacy in a current election cycle, and displayed on a temporary basis on the subject premises, not to exceed six square feet. Such signs shall be removed upon cessation of the service or activity to which they pertain or after 30 days, whichever is sooner, and the property restored to its original condition.

4. General Regulations.

A. All signs not prohibited and not exempt, including otherwise exempt signs exceeding size limits where set forth above, shall require a zoning permit prior to erection in conformance with the requirements set forth herein.

B. All signs requiring the use of electricity shall be manufactured in accordance with Underwriter Laboratories specifications. All signs requiring hard wiring and/or structural support shall obtain any requisite building permits as defined by the Uniform Construction Code as adopted in Pennsylvania.

C. No sign shall be erected within any required clear sight triangle or within an existing street right-of-way line, or nearer to a street line or neighboring property line than a distance equaling the height of the sign, except traffic signs and similar regulatory notices of a duly constituted governmental body. No signs other than temporary signs may be located within any defined ultimate street right-of-way where it exceeds the aforesaid dimensions.

D. Every sign shall be constructed of a durable material and kept in good condition, repair, and safe from collapse.

E. All distances provided for in this section shall be measured along straight lines between signs and between signs and property or right-of-way lines as applicable, and from the near edge of a sign or sign structure. This subsection shall apply in all cases, including locating new signs in relationship to current existing nonconforming signs.

F. The gross sign area shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign, and in no case passing through or between adjacent elements of the same sign. Such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. In the case of an open sign, made up of individual letters, figures or designs, the space between such letters, figures or designs shall be included in the calculation of the gross sign area.

G. Where a freestanding, projecting or monument sign has two back-to-back faces of the same size, only one side shall be considered toward applicable sign area limitations. In V -type sign structures, the interior angle of which exceeds 45°, both sides shall be considered in computing the sign area.

H. No sign shall be erected or maintained so as to prevent free ingress or egress from any door, window or fire escape. No signs shall be attached to a stand-pipe or fire escape.

I. Except for digital display signs and as otherwise specified herein, any permitted sign, building or structure may be illuminated, provided that there shall be no illumination of a flashing, intermittent, or moving type, and further provided that the light source shall be so shielded and aimed that it shall not be visible from any point off the lot on which the sign, building or structure being illuminated is erected, and so that only the sign, building or structure is directly illuminated thereby. All signs shall be illuminated only from the top. Illumination levels shall not exceed 20 footcandles.

J. No artificial light or reflecting device shall be used as a part of a sign where such light or device interferes with or may be mistaken for a traffic signal.

5. Specific Regulations for Signs That are not Exempt.

A. Identification Signs. Signs which display the name of a particular noncommercial or non-industrial building or use, such as a church or school or residential development.

(1) Dimensional Requirements. Not to exceed 12 square feet.

(2) No more than one such sign shall be permitted per street frontage on a single lot or tract, as applicable.

B. Non-exempt signs on agricultural properties of 12 or more acres pertaining to activities located on the subject property.

(1) Dimensional Requirements. Not to exceed 12 square feet.

(2) No more than one such sign shall be permitted per street frontage on a single lot or tract, as applicable.

C. Temporary Signs not Otherwise Exempt. Signs noting a temporary or seasonal event or activity to occur on the subject property such as, but not limited to, a fair, circus, yard sale, bingo party, farmers market, political activity, or seasonal activity such as the sale of Christmas trees.

(1) Dimensional Requirements. Not to exceed 12 square feet.

(2) No more than one such sign shall be permitted per street frontage on the property where such event or activity shall take place.

(3) Temporary signs shall be removed upon cessation of the activity to which they pertain or after 30 days, whichever is sooner, and the property restored to its original condition.

D. Bed-and-breakfast or home occupation signs, excluding pertaining to a no-impact home based business, which by definition, is precluded from the use of signs.

(1) Dimensional Requirements. Not to exceed six square feet.

(2) No more than one such sign shall be permitted per home occupation on the property where the use is located only.

E. Business or Commercial Signs. Signs pertaining to permitted principal business or commercial use(s) on the same premises, including existing nonconforming uses, shall adhere to the following provisions:

(1) Mounted Signs. The total area of all signs mounted or painted onto any single building facade shall not exceed 5% of the wall area of the facade upon which the sign(s) is/are to be mounted or 12 square feet of signage for each individual business housed within the building, whichever is greater. Mounted signs shall be installed parallel to the supporting wall and project not more than 12 inches from the face of such wall. No more than one mounted sign shall be permitted per use.

(2) Projecting Signs. Signs projected from the face of a building, including canopy or awning signs, shall extend no more than 42 inches, with a minimum height of 10 feet from ground level, and have a maximum area of 12 square feet. No more than one projecting sign shall be permitted per use.

(3) Freestanding and Monument Signs. No more than one freestanding pole or monument sign shall be erected within the limits of the property to which it pertains, regardless of how many individual uses are located on the property, except where a lot or parcel has more than 200 feet of frontage along more than one public street, it may have one freestanding or monument sign per each such street frontage. Free standing pole or monument signs shall have a maximum sign area of 12 square feet where advertising a single use and 32 square feet where advertising multiple use of a single property. Pole signs shall be set back a minimum of 15 feet from the public street right-of-way, and not less than five feet from any designated ultimate right-of-way, measured from the edge of the sign closest to the street, and shall not exceed 15 feet in height. Monument signs shall be set back a minimum of five feet from the ultimate street right-of-way and shall not exceed six feet in height.

(4) No sign provided for by this subsection may be located where it shall shine or reflect light upon any residence.

F. Digital display signs are permitted in the form of freestanding pole or monument signs, and mounted wall signs, where otherwise permitted on the premises of principal non-residential uses only. Digital display signs are subject to the following regulations in addition to all other requirements established in this section.

(1) Digital display signs shall be subject to the same size and locational limitations as any other permitted on-premises free standing pole or monument sign or mounted sign for non-residential uses, except that only one digital display sign shall be permitted on an individual lot or tract and digital displays may not exceed more than 30% of the total sign area permitted on the site.

(2) Otherwise exempt signs may incorporate digital display subject to applicable zoning permit and shall no longer be considered exempt but shall be regulated as a digital display sign.

(3) Conversion of a permitted non-digital display sign to a digital display sign shall be considered a new sign subject to issuance of a new zoning permit as provided herein.

(4) The owner of every digital display sign shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public, including, but not limited to, amber alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

(5) Message Display:

(a) Any digital display sign containing animation, streaming video, or text or images which flash, pulsate, move, or scroll is prohibited. Each complete message must fit on one screen.

(b) One message/display may be brighter than another, but each individual message/display must be static in intensity and no more than 5,000 nits maximum during the day.

(c) The content of a digital display sign must transition by changing instantly with no less than 30 seconds per message, and with no transition graphics (e.g., no fade-out or fade-in).

(d) Default Design. Any digital display sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.

(e) Digital display message signs shall be equipped with automatic day/night dimming software to reduce the illumination of the sign, based on ambient light levels, to be visible without providing glare or distraction to the public. The dimming device shall minimize the illumination used to the lowest level necessary to make the sign conspicuous and visible during both daytime and nighttime hours. In no case shall the nighttime illumination intensity of the sign from one hour after sunset to one hour prior to sunrise exceed 150 nits.

G. Off-premises signs (Billboards). Off-premises advertising signs shall be permitted, provided that:

(1) Any sign located on a property other than the property containing the use or activity to which it pertains shall be considered an off-premises sign, except for public signs and political signs;

(2) The off-premises sign shall only be permitted within 100 feet of the street right-of-way line of either State Route 1002 or State Route 2021, between the Forks Township boundary and Township Road T-649;

(3) The sign face of an off-premises sign shall be limited in size to a maximum 10 feet in height and 24 feet in length notwithstanding the supporting structure, and shall have a minimum ground clearance of 10 feet measured from the grade of the site;

(4) Off-premises signs, including the supporting structure, shall not exceed an overall height of 20 feet above the adjacent roadway surface elevation;

(5) Off-premises signs shall be set back from the ultimate street right-of-way line a distance no less than the height above grade at its highest dimension;

(6) Where permitted, only one off-premises sign may be erected on a single tract;

(7) Off-premises signs shall not be located closer than 1,500 feet from any other off-premises sign;

(8) Off-premises signs shall not be erected within 50 feet of a side or rear property line;

(9) Off-premises signs shall not be in a digital format;

(10) Off-premises signs shall comply with the illumination criteria set forth in Subsection 4.I. above and shall not produce glare or reflection on any neighboring property.

6. Removal of Unsafe, Unlawful, or Abandoned Signs. Unsafe and unlawful signs shall be removed within 30 days of determination by the Township as being unsafe or unlawful. Abandoned signs shall be removed within 180 days of abandonment. All such signs shall be subject to the enforcement provisions set forth in Part 17.

7. Sign Permits and Bond. It shall be unlawful for any person, firm, or corporation to erect, alter, repair, or relocate any sign within Lower Mount Bethel Township without first obtaining a sign permit (a zoning permit for a sign), unless the sign is specifically exempt from the permit requirements as outlined herein.

A. Applications for sign permits shall be filed on forms furnished by the Township and shall be accompanied by detailed plans and specifications and such other information deemed necessary by the Township zoning officer to determine the location and details of sign construction. As a minimum, the following information shall be supplied in writing:

(1) Name of and address of person or organization applying for sign permit and location of sign;

(2) Name, address, and telephone number of the property owner where the sign is to be located, and the signature of the property owner or duly authorized agent for the owner if different from the applicant;

(3) Contact person and contact information;

(4) Description of the permitted uses occurring on the site where the sign will be installed and notation as to the use to which the proposed sign pertains;

(5) Description of any existing signage that will remain on the site;

(6) Identification of the type(s) of sign(s) to be erected by the applicant;

(7) Two copies of a site plan drawn to scale, at a minimum scale of one inch to 50 feet depicting:

(a) Location(s) of proposed signage and existing remaining signage;

(b) Lot dimensions, building frontage, and existing cartways, rights-of-way and driveways;

(c) The design of each sign face and sign structure, including dimensions, total area, sign height, depth, color scheme, structural details, materials, lighting scheme and proposed location;

(d) Building elevations, existing and proposed facades, parapet walls, eaveline and the location and size of all proposed and existing permanent signage;

(8) Current photographs showing existing signs on the premises and certifying the date on which photographs were taken;

(9) A permit fee, to be established from time to time by Resolution of Lower Mount Bethel Township, shall be paid;

(10) All application for sign permits shall be accompanied by the property owner's written consent, if the property owner is not the owner of the sign.

B. Permit fees shall be collected at the time of application for a sign permit. Permit fees shall be as designated by resolution of the Board of Supervisors.

C. Prior to issuance of any sign permit, any applicable structural and/or electrical permits shall be obtained and copied to the Township.

D. Before any permit will be issued for any sign projecting over any public property or right-of-way, a liability insurance policy or an indemnity bond in an amount and form satisfactory to the Township, shall be posted and maintained for the life of the sign.

E. The Township zoning officer is hereby authorized to revoke any sign permit upon failure of the holder thereof to comply with the provisions or conditions of the permit or any other applicable provisions of this chapter.

F. All signs for which a permit is required may be subject to annual inspection by the Township zoning officer. The fees for annual inspection shall be as established by resolution by the Board of Supervisors, and the Township zoning officer shall issue a certificate of inspection upon payment of the same.

G. All proposed signs along any state road shall obtain Penn DOT approval and a permit where applicable, copy of which shall be supplied to the Township prior to any earth disturbance in anticipation of or preparation for any sign erection.

H. Signs for which a permit is required shall bear the permit number and name of the permit holder and said information shall be affixed to the sign in a permanent manner in the lower right-hand corner of each sign face.

(1) Failure to affix and maintain the permit number shall constitute cause for revocation of the permit by the Township zoning officer in addition to any other penalties or remedies provided or available.

(2) If the sign authorized under any such permit has not been completed within six months from the date of the issuance of such permit, the permit shall become null and void.

8. Nonconforming Signs. Any sign existing on the effective date of this chapter that does not conform with the requirements of this chapter, shall be considered as a lawful nonconformance. Unless other action is approved by the Township as an acceptable alternative, a nonconforming sign shall be made to conform with the applicable requirements of this chapter when:

A. It creates a safety hazard;

B. It is removed pursuant to time limits set forth herein, replaced, abandoned, or relocated;

C. There is a change in use of the property upon which the sign is located.

§ 27-1414 Impact Studies.

[Ord. No. 2022-02, 7/11/2022]

Impact studies shall be submitted as set forth in § 22-404 through § 22-409 of the Lower Mount Bethel Subdivision and Land Development Ordinance[1] as part of the preliminary plan application for all subdivision and/or land developments and, to the extent deemed applicable by the Township, with any request for change of zoning, curative amendment or conditional use.

[1] Editor's Note: See Ch. 22 of this Code.

§ 27-1415 Keeping of Animals.

[Ord. No. 2022-02, 7/11/2022]

1. Keeping of animals on any property shall comply with the following standards as applicable:

A. Purpose. It is the intent of this section to establish reasonable regulations governing the keeping of animals in order to protect human and animal health, prevent unsightly and erosion-prone land use conditions, prevent the contamination of groundwater and surface water, and reduce the safety hazards of straying animals.

B. Use Regulations. In any zoning district, dogs, cats, fowl, rabbits, goats, sheep, cows, swine, ponies, horses and other animals of similar character and impact shall be kept only according to the following standards.

(1) General Standards for Keeping of Animals:

(a) No animals of any kind shall be kept in any structure or enclosure or elsewhere on a property which will result in unhealthy or unsanitary conditions for humans or animals, or cause excessive noises, objectionable malodors, pollution of groundwater, or stormwater runoff to neighboring properties;

(b) All animals shall have appropriate and adequate facilities for food and water. Permanent shelter shall be provided for all animals, including dogs, rabbits, poultry, swine and other small domestic animals. Horses, cattle, sheep and goats shall have loafing sheds, covered feeding areas or other appropriate facilities, and shelter from inclement weather and sub-freezing temperatures;

(c) Side and rear yard setbacks shall be complied with and maintained for all structures except that buildings for more than two cows, horses, sheep or goats or similar animals shall be constructed or placed at least 100 feet from any property line, except that of an agricultural property under common ownership with the subject property;

(d) All permanent shelters shall be designed for ease of manure removal and handling;

(e) A fenced or otherwise enclosed outside area shall be provided which is capable of containing the animals kept and is of sufficient size and properly located for good sanitation practices. Materials used for fencing shall be of sufficient sturdiness and properly designed, installed and maintained so as to prevent straying;

(f) All pasturage must consist of well-maintained grasses. Muddy or dusty ungrassed areas shall not comprise more than 5% of the pasturage area and shall be stabilized to prevent erosion and unsightliness;

(g) No uncovered manure storage shall be permitted within 100 feet uphill of any lot line or stream. No manure may be stored within a swale or drainageway;

(h) Structures for the housing of more than 30 poultry or any swine shall be at least three 300 feet from any property line;

(i) All feed must be stored in rodentproof closed containers;

(j) Wild, dangerous, or poisonous animals, including, but not limited to: deer, skunks, raccoons, wolves, "wolf-dog hybrids," constricting or venomous snakes, alligators, crocodiles, bears, bobcats, tigers, lions, or coyotes, shall not be kept within the Township for any purpose except when adequately confined in a facility operated by a licensed veterinarian for the purposes of treatment.

(2) Standards for keeping of animals on properties of less than 10 acres. An individual keeping animals on less than 10 acres shall comply with the general standards above and the following:

(a) Three or fewer adult dogs and three or fewer domestic cats and three or fewer other small domestic animals of similar character and impact may be kept without regard to these standards. Greater numbers of such animals may be kept only in accordance with these standards. No kennels shall be permitted, and not more than one dog may be left outside the home or an enclosed accessory structure at night;

(b) A total of 10 poultry and rabbits may be kept for each acre on lots of one acre or more, up to a total of 30 poultry or rabbits. No more than a total of five poultry and rabbits may be kept on lots less than one acre. Roosters shall be prohibited on lots less than five acres;

(c) On lots less than five acres, slaughtering of poultry or rabbits for commercial sale is prohibited;

(d) On lots in excess of five acres, but less than 10 acres, additional adult dogs and cats may be kept, not to exceed six each. In addition to rabbits and poultry, as specified above, one horse, cow, pig, sheep and goat (to a maximum of six of each) may be kept for each acre of fenced pasturage or yard area regularly available to the animal(s) (excluding lands sloping in excess of 20% grade);

(e) Any permanent building placed or constructed on a property shall be designed to serve only that number of animals permitted on the property as specified above;

(f) Land leased for a term of less than 20 years shall not be considered in the sizing of permanent buildings sheltering animals nor in the calculation of the number of permitted animals.

(3) Standards for keeping of animals on properties larger than 10 acres:

(a) The general standards in Subsection 2.A. above shall be met on all properties;

(b) So long as the general standards are met, and any other applicable regulation, no specific maximum numbers of animals shall apply.

(4) Nonconformities.

(a) Any existing building which does not meet setback standards or other standards may continue in use so long as it is not expanded.

(b) Dogs, domestic cats and horses on a property at the date of enactment of this chapter in excess of those permitted by this chapter may be kept by the owner, provided that the general standards of this chapter are met. If the general standards are violated, the property owner will have a maximum of one year from the time of notice of violation in which to cure or correct the violation(s) or dispose of the animals. Owners of animals normally raised for food shall have one year from the passage of this chapter to meet the standards for numbers of animals permitted per acre of pasturage.

§ 27-1416 Display for Sale of Motor Vehicles.

[Ord. No. 2022-02, 7/11/2022]

1. Display for Sale on Public Property. No person shall park or display for any length of time a motor vehicle for the purpose of offering said vehicle for sale to the public on any public street or public property owned by Lower Mount Bethel Township.

2. Display for Sale on Private Property. No person shall park or display for any length of time a motor vehicle for the purpose of offering said vehicle for sale to the public on private property in the Township except in accordance with all applicable regulation.

§ 27-1417 Outdoor Lighting.

[Ord. No. 2022-02, 7/11/2022]

1. Purpose:

A. To require and set minimum standards for outdoor lighting to provide lighting in outdoor public places where public health, safety and welfare are potential concerns;

B. To protect drivers and pedestrians from the glare of non-vehicular light sources that shine into their eyes and thereby impair safe traverse;

C. To protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources;

D. To provide for outdoor lighting in a manner consistent with Township objectives to protect and retain rural character.

2. Applicability.

A. Outdoor lighting shall be required for all uses where necessary to provide for public safety and personal security during hours of darkness where there is public assembly and traverse, including, but not limited to, the following uses: multifamily residential, commercial, industrial, public-recreational and institutional.

B. The glare-control requirements contained herein shall apply to lighting in all above-mentioned uses as well as, but not limited to, signs, architectural lighting, landscape lighting, and residential lighting.

C. Temporary seasonal decorative lighting is exempt from the requirements of this chapter with the exception of glare-control requirements.

D. Emergency lighting, as may be required by any public agency or emergency services agency while engaged in the performance of their duties, is exempt from the requirements contained in this chapter.

3. Criteria.

A. For the lighting of predominantly horizontal surfaces, fixtures shall be aimed straight down and shall meet IESNA Full-Cutoff criteria. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent or 10-watt compact fluorescent lamp, are exempt from the requirements of this subsection.

B. For the lighting of predominantly non-horizontal surfaces, fixtures shall be fully shielded and shall be installed and aimed so as to not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Fixtures, except those containing directional lamps, with an aggregate rated lamp output not exceeding 500 lumens, e.g., the rated output of a standard non-directional 40-watt incandescent or 10-watt compact fluorescent lamp, are exempt from the requirements of this subsection.

C. All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

D. Directional fixtures such as floodlights and spotlights shall be so shielded, installed and aimed that they do not project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway. Floodlights, when installed above grade on residential properties, except when motion-sensor actuated, shall not be aimed out more than 45° from straight down. When a floodlight creates glare as viewed from an adjacent residential property, the floodlight shall be required to be reaimed and/or fitted with a shielding device to block the view of the glare source from that property.

E. "Dusk-to-dawn lights," when a source of glare as viewed from an adjacent property, shall not be permitted unless effectively shielded as viewed from that property.

F. Parking facility and vehicular and pedestrian lighting for commercial, industrial and institutional uses shall be automatically extinguished no later than one-half hour after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25% of the number of fixtures or illumination level required or permitted for illumination during regular business hours.

G. Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

H. The illumination projected from any use onto a residential use shall at no time exceed 0.1 footcandle, measured line-of-sight from any point on the receiving residential property.

I. The illumination projected from any property onto a non-residential use shall at no time exceed 1.0 footcandle, measured line-of-sight from any point on the receiving property.

J. Under-canopy lighting for uses other than residential, shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source at all lateral angles. The average illumination in the area directly below the canopy shall not exceed 20 footcandles and the maximum shall not exceed 30 footcandles.

K. All outdoor lighting fixtures shall be installed in accordance with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended.

L. For new installations, electrical feeds for fixtures mounted on poles shall be run underground, not overhead.

M. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, shall be placed a minimum of five feet outside paved area, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected from potential vehicular impact by other approved means.

N. Lighting fixtures shall not be mounted in excess of 20 feet above grade. Artificial elevation of the grade at the base of the light fixture shall be prohibited.

O. Lighting fixtures and ancillary equipment shall be maintained so as to remain in compliance with the requirements of this chapter.

P. In addition, lighted signs shall be in accordance with the provisions of § 27-1413.

Q. A zoning permit is required for lighting under the provisions of this chapter.

4. Plan Submission.

A. Lighting plans shall be submitted to the Township for review and approval with any preliminary or final subdivision/land-development plan submission and with any conditional use, special exception, or variance application where applicable, and shall include:

(1) A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent use that might be adversely impacted by the lighting, containing a layout of all proposed fixtures by location and type;

(2) Isofoot-candle plots for individual fixture installations, or 10 feet by 10 feet illuminance-grid plots for multi-fixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this chapter;

(3) Description of the proposed equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.

B. The applicant shall demonstrate that appropriate steps have been taken to mitigate on-site and off-site glare and to retain the rural character of the Township.

C. The following notes shall be placed on all lighting plans:

(1) "Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval prior to making such substitution or alteration;"

(2) "The Township reserves the right to conduct post-installation nighttime inspections to verify compliance with the requirements of this chapter, and if appropriate, to require remedial action at no expense to the Township."

5. Compliance Monitoring.

A. Safety Hazards. If a lighting installation creates safety or personal-security hazard(s), the person(s) responsible for the lighting shall be notified in writing and required to take remedial action. The Township zoning officer shall follow the enforcement provisions of this chapter.

B. Glare and Inadequate Illumination Levels. When a lighting installation produces unacceptable levels of glare, excessive skyward light, or insufficient illumination levels, or otherwise varies from the provisions of this chapter, the Township may notify the person(s) responsible for the lighting and require appropriate remedial action. The Township zoning officer shall follow the enforcement provisions of this chapter.

6. Nonconforming Lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter, shall be considered as a lawful nonconformance. Unless other action is approved by the Township as an acceptable alternative, a nonconforming lighting fixture or lighting installation shall be made to conform with the applicable requirements of this chapter when:

A. It creates a safety hazard;

B. It is replaced, abandoned or relocated;

C. There is a change in use.